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Resolution No. 80-27 I I CITY OF TIGARD, OREGON I RESOLUTION NO. 80-_,Zj 1 A RESOLUTION AMENDING THE TIGARD/WASHINGTON COUNTY URBAN PLANNING AREA AGREEMENT, AS APPROVED BY COUNCIL ACTION ON DECEMBER 17, 1979. WHEREAS, the Council adopted the Tigard/Washington County Urban Planning Area Agreement by Council Action on December 17, 1979, and WHEREAS, the Council does not wish the County to approve a land use proposal within the Urban Planning Area unless the proposal conforms with the Tigard Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED THAT: The City Council hereby amends Section C - Procedures, Heading 5, Special Policies, Item D, of the Tigard/Washington County Urban Planning Area Agreement to read as follows: "The County will not approve a land use proposal within the Urban Planning Area unless the proposal is in conformance with the Tigard Comprehensive Plan." BE IT FURTHER RESOLVED THAT: The amendment to the Tigard/Washington County Urban Planning Area Agreement be radified by the Washington County Board of Commissioners at their earliestconvenience. DATED: This ;?4 �� day of /�w,. 1980. - City of Tigard President of Council ATTEST: Recorder - City of hard RESOLUTION NO. SO-_j_7_- i i, CITYOF TCGA- RD WASHINGTON COUNTY.OREGON March 18, 1980 Mr. Larry K. Frazier, Director Washington County Acb i._.,stration Building 150 N. First Avenue Hillsboro, Oregon 97123 Reference. Tigard/Washingtcn County Urban Planning Area Agreeulent i Dear Mr. Frazier: I am requesting through the Tigard City Council at their Regular Meeting on !!! March 24, 1980,an amendment to the Urban Planning Area Agreenent approved by the Washington County Board of COMMissioners on March 4, 1980. Specifically, Page 6, Section C - Procedures, Heading S, Special Policies, Stem D. Request change to read as follows: "Rhe County will not approve a land use proposal within the Urban Planning Area unless the proposal is in conformance with the Tigard Comprehensive Plan." This will 'leave no doubts as to whose plan shall be followed relative to development. Please respond with your comments as soon as possible, so I may relay them to the City Council at their meeting on March 24, 1980. Yours truly, f I i JA ' owardg Director AHvmc 12420 S.W.MAIN P.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171 WASHINGTON COUNTY ADMINISTRATION BUILDING—150 N.FIRST AVENUE HILLSBORO,OREGON 97123 BOARD OF COMMISSIONERS March 14, 1980 PLANNING DEPARTMENT MILLER M.OURIS,Chairman LARRY K.FRAZIER,AICP,APA,Director JIM FISHER,Vice Chairman (503)64"761 VIRGINIA DAGG Mr. Aldie Howard, Director Tigard Department of Planning P. 0. Box 23557 Tigard, OR 97223 RE: Tigard/Washington County Urban Planning Area Agreement Dear Aldie: Please find attached a copy of the signed Tigard/Washington County Urban Planning Area Agreement. The Board approved this agreement on March 4, 1980. Thanks for your assistance on this matter. Sincer ly, Larry K. Fraz" ier, AICP, APA Director LKF:fr Attachment cc: Linda Macpherson Sue Klobertanz '- WAHINCTON CCUNTY 3. Inter—Department Correspondence Dale r� March 4, 1980 To Board of County Commissioners [ From Larry K. Frazier, AICP, APA, Di rector Subject Tigard/Washington County Urban Planning Area Agreement Attached please find the Urban Planning Area AGreement jointly prepared by and for the City of Tigard and Washington County. This item was set over from your February 19, 1980, meting. On February 28, 1980, the planning staff met with representatives from the Department of Land, Conservation and Development, Metro, the City of Tigard, and CPO 4 to discuss several issues of relevance to the subject Urban Planning Area Agreement. As a result of our discussion all parties concurred on a minor boundary change to the initial Tigard Urban Planning Area. This change includes approximately three parcels south of Pfaffle Street in the vicinity of the intersection of Pfaffle Street and Hall Boulevard. Previous recommendations excluded these parcels from the Tigard Urban Planning Area. This change will necessitate taking the agreement before the Tigard City Council for their consideration and adoption. Staff recommends. the Board authorize the Chairman to execute the Urban a Planning Area Agreement. r i APPROVED WASFINGTON COUNTI-Y LKF:fr SOA?D OF COrpaa'2.isstOiCS^s MINUTE ORDER ff .7 Attachment DATE....... 3.r! C'..............^ BY.................CLE.....F..&...0 7. .i.l=.................................... TBOA n^ • WASHINGTON COUNTY - TIGARD URBAN PLANNING AREA AGREEMENT THIS AGREEMENT is entered into this _�_ day of T,��tt�� i 19% by WASHINGTON COUNTY, a political subdivision of the State of Oregon, herein- after referred to as the "COUNTY" and the CITY OF TIGARD, an incorporated municipality of the State of Oregon, hereinafter referred to as the "CITY". l 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 and agents, have authority to perform; and %4HEREAS, Statewide Planning Goal 12 (Land Use Planning) requires that opportunities for review and comment by affected governmental' units on plans and implementation ordinances shall be providzd; and that city, county, state and federal agency and special district plans and actions shall be consistent with the comprehensive plans of cities and counties and regional plans adopted under ORS 197.705 through 197.795; and ,IHER$AS, Chapter 655, Oregon Laws, 1977, empcwers the Metropolitan Service District,°liereinafte r Metro, to adopt land-use planning goals and objectives for the district, review comprehensive plans adopted by cities and counties within the district and require changes in any such plan to ensure that the plan conforms to the goals and objectives, and coordinate the land-use planning activities of that portion of the cities and counties within the district; and WHEREAS, the Oregon Land Conservation and Development Commission policy dealing with Urban Planning Area Agreements for the Pietro Region requires each jurisdiction requesting Acknowledgement of Compliance to submit a statement setting forth the means by which a plan for management of the unincorporated area within � will be implemented; and the regional Urban Growth Boundary/ Page 2 • . o WHEREAS, the COUNTY and the CITY, to ensure coordinate comprehensive plans, compatible land uses, and the orderly conversion of urbanizable land to urban ' uses, consider it mutually advantageous to establish: 1. A site specific Urban Planning Area, in the unincorporated land around the CITY and within the regional Urban Growth Scundary, within which both the COUNTY and the CITY may formally review and comment on potential land use actions of mutual interest; and 2. A process by which land use conflicts in these areas may be resolved. NOW THEREFORE, THE COUNTY AND THE CITY Agree as follows: 1. Location of Urban Planning Areas The Urban Planning Area defined mutually by the COUNTY and the CITY includes the area designated on Exhibit "A" to this agreement. The Urban Planning Area is also commonly referred to as the `Tigard Neighborhood Planning Organization." (NPO) area. Urban Planning Area boundaries may be C . changed by Amendment (Section 4 below) 2. Correlation of Land Use Plans in Urban Planning Areas A. The COUNTY'S Comprehensive Plan and implementing ordinances are the legally binding land use regulations in unincorporated Urban Planning . Areas, in conformance with the statewide goals, and the MSD Goals and Objectives where applicable. S. At the time of this agreement, the CITY and COUNTY have found certain inconsistencies between each others respective Comprehensive Plans. Resoluticn of such inconsistencies shall be as provided in Section C below. C. The City and County recognize the necessity of achieving consistent Comprehensive Plan designations and nomenclature in the Urban Planning i 0 Page 3 Area. It is further recognized that the County "Plan of Developrent" applying to the Urban Planning Area has been in effect for a ccnsider- able time, and may not meet the current needs of the jurisdictions and citizens in the area. Therefore, the County shall consider a legislative amendment to the County Plan of Development within the Urban PIanning Area to reflect the City Comprehensive Plan designations and to include the City's supportive data and findings. This legislative amendment shall be a portion of County Ordinance 219, scheduled for adoption prior to July 1, 1980, in conformance with the County's LCDC Goal Compliance Schedule. Nothing in this agreement is intended to pre-ewt citizen involvement in the adoption process For Ordinance 279, nor the a5ility of an individual to utilize City or County procedures for arnendrents to the respective Comprehensive Plans. Review of Proposed Land Use actions A. The COUNTY will provide the CITY with the opportunity to review and comment on proposed land use actions within the urban planning area prior to COUNTY action. Such proposals include: (1) Comprehensive plans or plan amendments including any proposed changes in land use designations or policies. (2) New or amended planning implementation ordinances and/or measures, ',including zoning and subdivision ordinances. Development proposals and land use actions, including the following: a. Rezonings; '''✓ ? b. Conditional Use Permits; C. Subdivisions and Major Partitions; d. Administrative approvals of items requiring public notice. Page k (q) Proposed public improvement projects, including: (It: a. Construction of major Sewage Collection/Treatment systems (by the Unified Sewerage Agency); b. Major Street Improvement, Dedication, or Vacation (Public Works Department) ; G. Governmental Structures and Buildings. B. The CITY will provide the County with the opportunity to review and comment on proposed land use actions within or by the CITY which will clearly affect lands or facilities or services within the Urban Planning area, prior to CITY action. such proposals include: (1) Comprehensive Plans, or plan amendments including any proposed changes in land use designations or policies. (2) New or amended planning implementation ordinances and/or Cmeasures, including but not limited to zoning and subdivision 1 ordinances. i (3) Proposed land use actions within the CITY limits which would have a significant impact on lands, services or facilities outside the t CITY limits, including the following: i I I a. Rezonings; ;1 b. Conditional Use Permits; i. c. Subdivisions; f d. Planned Unit Developments. r s I (y) Proposed public improvement projects within the CITY limits, including: a. Construction of or major changes to Water Distribution and'Sewace Collecticn/Treatment systems; b. Street Construction, improvement, Dedication or vacation; c. Park or Recreational Facilities; d. city Structures and Buildings. Page 5 (5) Annexations to the CITY. C. The following PROCEDURES shall be followed by both the COUNTY and the CITY in fulfilling this Agreement. (1) The CITY or COUNTY, whichever has jurisdiction over the proposal , hereinafter the originating agency, shall submit a copy of the proposal to the other agency, hereinafter the responding agency, at the earliest opportunity, but no less than 14 days prior to the date the originating agency's staff report must be in final form. If the proposed land use action would create an inconsistency between the CITY Comprehensive Plan and the COUNTY Comprehensive Plan, additional review titre may be requested to allow completion L of a joint study as noted in Part 3 above. (2) The agency receiving the referral may respond at its discretion. Comments returned to the originating agent/ should be in written form, no 'less than 7 days prior to the date the originating agency's staff report must be in final form. Oral response r..ay also be made at the time action is taken. lack of response shall be considered "no objection" to the proposal. c (3) 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 3 administrative appeal of the action or other appeals as may be s ! available. Page 6 4. Amendments r t This Agreement and the Urban Planning area may be amended only by the mutual written concurrence of both parties. The parties will jointly review this Agreement five years from the date of execution to evaluate the effectiveness of the administration of the processes set forth herein and to make any necessary amendments. 5. Special Policies A. Annexations to the CITY within the Urban Planning Area will not be opposed by the COUNTY. S. Annexations to the CITY outside of the Urban Planning Area will not be supported by the COUNTY or CITY. C. The CITY and COUNTY will cooperate in planning for urban facilities. D. The COUNTY will not approve a land use proposal in the Urban Planning �' 1 i Area if the CITY presents evidence to show that the proposal would not 1 facilitate an urban lever of development in the future upon annexation to the CITY. The COUNTY will request that the Unified Sewerage Agency (USA) prohibit ' the connection of new developments (i.e., built after adoption of this agreement) within the Urban Planning Area to USA system facilities without prior approval of the City of Tigard. This Agreement comrences on 19 Page 7 ►N WITNESS WHEREOF The parties have executed this Urban Planning Area Agreerent .. on the date set opposite their signatures. CITY OF Trac r/ BY ATTEST WASHINGTON COUNTY BY Chairman, Board of County Comm ssioners j►ppROVEDWASHINgTONCOUNTY Recording Secretary SOAP.D OF COMMISSIONERS MSNUTE ORDSA N ........ � BY E,Erdi:+rRA 17',':.C'. 1...................r � CLZF.L py T}ii&o,1RD ' f C � n it I`J I ;�}7� 1_ ���.�_._ /.--vr• ._--�BE�VERTOt�( � � .. t —_ ',�, �` ';�� .;�1�L�C''L•�- i -J..-.// //. ;� �� -•�.�1_,� -. ,i.,•�-=,a'-.��.` '�� Sj NI' 1! it r. I. rL po _ . ni Say t TIGARD\`' ' =a¢rrn. � ..,�---�-iJ ^moi r,:.'-•.J S'-pj 1 ��`� _ 1= `��.�-� }'f }' i! fit / -11 ' 'I iii ii` .= ci 'TIGARD KING la i .-,• .,ems. =� 1 --__._.:�_� i i._ I ;;I _ "; � l._.'i - .�, �__ a•. - it �`'�,�'\���\�\•t — _ - _ _ '- ��t= _DURHAM T1Gdr1='D/ WC�Fi1N�ctJ GoutJ�•`( �_'�_,_: ...._•_ I�'1, .. ,, NJ 61 GF�N � to , ?74 No .ls.� TUALATIN ;Y ' 't — _ i—i i C 1 T I AA _-------