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Resolution No. 84-19B _ CITY OF TIGARD, OREGON RESOLUTION NO. 84-_V A RESOLUTION SUGGESTING A NEW URBAN PLANNING AREA AGREEMENT WITH WASHINGTON COUNTY. WHEREAS, the City of Tigard and Washington County have agreed to an Urban Planning Area Agreement on two occasions, one through 1985 and the other from June 28, 1983 through December 31, 1983; and WHEREAS, the 1983 Agreement provided for the resolution of outstanding transportation issues; and WHEREAS, a dispute arose concerning the interpretation and resolution of the transportation issues resulting in no agreement concerning the transportation questions; and WHEREAS, the City and County are unable to reach agreement without the results of the Southwest Corridor Study; and WHEREAS, the 1983 Agreement lapsed on January 1, 1984 and is no longer in effect; and WHEREAS, the prior agreement has been reactivated to continue until March 4, 1985 unless mutually amended; and WHEREAS, the prior agreement is unsatisfactory as it is not consistent with the City or County Comprehensive Plans specifically relative to transportation issues. NOW, THEREFORE BE IT RESOLVED, 1. The sections of the 1983 Agreement which were previously agreed to, with the exception of the transportation issues, are ratified and reaffirmed (Exhibit A attached hereto); 2. The outstanding transportation issues are still unresolved and no agreement is in effect at this time; k 3. The City proposes the following resolution to resolve the outstanding transportation issues. A. The City and County will each designate two individuals to meet and prepare a joint report which presents a committee recommendation on: 1) The status of Durham Road; and 2) The need and location of the connection between Scholls / Ferry Road and Highway 99W. B. The Committee will meet immediately upon completion of the i,. Southwest Corridor Study. C. Within six months of the completion of the Southwest Corridor Study, the Committee will report its findings to the City and County for adoption of a mutual agreement on the resolution of the transportation issues. 4. This agreement supercedes all earlier Urban Planning Area Agreements between the City and County. PASSED: This day of rn ex-{..r� , 1984. ayor - City of Tigard ATTEST: J` eputy Recorder - City of Tigard RESOLUTION NO. 84- /8 Page 2 (WAM:pm/0346P) b-13-83 EXHIBIT A WASHINGTON COUNTY - TIGARD URBAN PLANNING AREA AGREEMENT THIS AGREEMENT is entered into this day of 19 by IWASy;ur-.TON COUNTY, a political subdivision pf the State of Oregon, hereinafter referred to as "COUNTY," and CITY OF TIG RD, an incorporated municipality of the State of Oregon, hereinafter referred to as the "CITY." _ WHEREAS, ORS 190.010 provides that units of local governments 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 acknowledgement of compliance to submit an agreement setting forth the means by which land use coordination in the unincorporated areas within the Regional Urban Growth Boundary will be implemented; and WHEREAS, the COUNTY and the CITY, to ensure coordinated and consistent comprehensive plans, consider it mutually advantageous to establish: { 1. A site-specific Urban Planning Area within the Regional Urban Growth Bsandary within which both the COUNTY and the CITY maintain an interest in comprehensive planning; 2. Policies regarding comprehensive planning and development in the Urban Planniri Area; 3. A process for coordinating comprehensive planning and development in the Urban Planning Area; and 4. A process for amending the Urban Planning Area Agreement. NOW THEREFORE, THE COUNTY AND THE CITY AGREE AS FOLLOWS: I_ Location of the Urban Planning Area The Urban Planning Area mutually defined by the COUNTY and the CITY includes the area designated on Exhibit "A" to this agreement. II. Comprehensive Planning and Development Policies A. Active Planning Area I. Definition Active Planning Area means the incorporated area and certain unincorporatedareas 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 within the Urban Planning Area is designated as Area A on Exhibit "A". 2. The CITY shall be responsible for comp ehensiv� planning Within N the Active Planning Area. 3. The CITY shall be responsible for coordinating and planning for the provision of urban services in 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. S. The COUNTY shall not approve a development proposal in the Active Planning Area if the proposal would not provide for, nor be conditioned to provide for, an enforceable plan for redevel- opment 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 Active Planning Area shall be contingent upon provision of 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 1. Definition Area of Interest or Primary Area of Interest means unincorpor- ated 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 shall be responsible for coordinating and planning for the provision of urban services in the Area of Interest. -2- 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. b. Annexations by the CITY within the Area of Interestshall riot create islands unless tyle CITY declares is Ment to complete the island annexation. c. The CITY agrees in principle to a plebiscite or other repre- sentative 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. Upon 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 COUNTY Planning Directors agree at the time of annexation that the COUNTY designation is outdated and should be amended before the one year period is over. e. Should any land within the Area of Interest be annexed to the CITY, the area shall continue to be considered as part of the COUNTY Urban Planning Area for the purpose of calcu- lating county-wide new dwelling unit mix and density as required by OAR 660-07-030 and 660-07-035. This provision shall apply until the CITY and COUNTY plans have been acknowledged by the Land Conservation and Development Commission. C. General Policies '. The CITY and COUNTY are in disagreement on at least two major transportation issues: (1) the classification and use of Durham Road between Pacific Highway and the Interstate 5 freeway; and �2) the need and location of the extension of Murray Boulevard to Pacific Highway. Despite this disagreement, the parties have _agreed to a process for resolution of their conflicts and agree not to preclude potential transportatio,. jptions or road system improvements proposed in their respective comprehensive plans, notwithstanding their disagreement. -3- I 2. The CITY shall include all right-of-way within and adjacent to property in current and future annexation proposals, In - addition, the CITY and the COUNTY shaii reach agreement, upon a schedule and process for the surrender of jurisdiction of those COUNTY roads currently within the city limits and those COUNTY roads that may be included in future annexations to the CITY if the COUNTY determines these roads are not necessary as part of the COUNTY road system. Such an agreement shall be reached withineemen+Agreement- 3. this of e within 60 days OT the effective datr .. ..y. 3. Annexations to the CITY outside the Urban Planning Area will not be supported by the COUNTY or the CITY. III. 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 660-18-010(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, transportation systems, educational facilities, recreational facilities, and natural resources and air and water quality management programs. Implementing Regulation means 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.. 2. Except as provided in subsection (B) below, 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 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 t;se 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 '.ass than 45 days prior to the final hearing on adoption. The specific method and level of involvement shall be finalized by "Memorandums of -4- Understanding" negotiated and signed by the planning directors of the CITY and the COUNTY. The "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 i submit comments orally or n 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 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 consid- eration 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 review of the action through the appropriate body and procedures. e. Upon final adoption of the proposed action by the orig- inating 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 Development Action Requiring 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 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 map amendments, conditional or special use permits, individual subdivisions, partitionings or planned developments, variances, and other similar actions requiring a hearings process which is quasi-judicial in nature. -5- B 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. The CITY will provide the COUNTY with the opportunity to review and ent on proposed development actions requiring notice within the CITY limits that may have an affect on unincorporated portions of the designated Urban Planning Area. 3. The following procedures shall be followed by the COUNTY and the CITY to notify one another of impending dcv--Iopmcr t 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 the responding agency, at the earliest opportunity, but no less than ten (10) days prior to the date 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 dis- cretion. 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. The originating agency shall include or attach the comments to the written staff report or supplemental thereto, 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 con- sideration 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 which may affect the community, but are not subject to the notification and participation require- ments 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 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 origin- ating agency to notify the responding agency. -6- 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. c. Comments from the responding agency shall be given consideration as a part of the public record on the proposed action. If the originating agency acts contrary to the position of the responding .agency, the responding agency may seek review of the action through the appropriate body and procedures. IV. Special Policies A. The CITY and the COUNTY shall provide information of comprehensive planning and development actions to their respective recognized Community Planning Organizations (CPO) through the notice procedures outlined in Section III of this Agreement. B. At least one copy of any COUNTY ordinance which proposes to (1) amend 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. C. 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. 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 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 days of the date the request is received. r i -7- i 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 consistencies rioted by both p:-tics ^ of be resolved in the review process as outlined in Section 1V (3). the CITY and the COUNTY may agree to initiate a joint study. Such a study shall commence within 30 days of the date it is determined that a proposed amendment creates an inconsis- tency, and --)all be completed within 30 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 review. The agency considering the proposed amendment shall give careful consideration to the study prior to making a final decision. B. 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 forth herein and to make any necessary amendments. The review process shall commence two (2) years from the date of execution and shall be complete.' within 60 days. Both parties shall make a good faith effort to resolve any inconsist- encies 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. VI. Effective Date This Agreement shall be effective until .A�ri1, 1986. During this period, the parties shall resolve the following issues now outstanding between them: 1. Adoption by the CITY and COUNTY of a single comprehensive plan for the CITY and its Active Planning Area; and 2. Adoption of development standards for streets and storm drainage facilities consistent with and adequate to carry out CITY'S Plan; and 3. Adoption of the attached Agreement, Exhibit "B", by the Board of Directors of the Unified Sewerage Agency of Washington County. -8- i 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 WASHINGTON COUNTY By _ Date Chairman, Board of County Commissioners Date RecordiiTg�Secretary APPROVED W.NSHINCTON COUNTY 61j8 \UD OF COM.-MISSIONERS DATE s t f i i -9- I F 1 ~ I NIM - +�"•���Er�:�����-fit�..�. �� _ MINE owis I 1 i \, WIN, EXHIBIT B 6-9-83 UNIFIED SEWERAGE AGENCY, WASHINGTON COUNTY AND CITY OF TIGARD AGREEMENT THIS AGREEMENT, made and entered in this day of 1983, by and between the UNIFIED SEWERAGE AGENCY OF WASH!jNGT6jTCvUNTY, a County Service District formed under ORS Chapter 451, hereinafter called "AGENCY" and the CITY OF TIGARD, a municipal corporation of the State of Oregon, hereinafter called "CITY". W I T N ESSETH: WHEREAS, ORS 190.010 provides that units of local governments may enter into agreements fortheperformance of any or all functions and activities that a party to the agreement, its officers or agents, have the authority to perform; and WHEREAS, State-wide Planning Goal No. 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 cities and counties; and WHEREAS, ORS 197.185 provides a method for coordination of programs affecting land use of special districts; and WHEREAS, the parties are amenable to entering into an agreement under the terms and conditions set forth herein; NOW, THEREFORE, IT IS AGREED as follows: 1. AGENCY shall undertake its actions wi�-hin CITY limits and CITY'S Active Planning Area in accordance with CITY'S Comprehensive Plan. 2. AGENCY shall prohibit the-connection of new development within CITY'S Active Planning Area to its sewer system facilities unless CITY gives prior written approval. 3. CITY will cooperate with AGENCY in its functions of providing sanitary sewer facilities. 4. This Agreement shall continue until the parties mutually agree to terminate this agreement. IN WITNESS WHEREOF the parties have executed this Agreement on the date set under their signatures. CITY OF TIGARD BOARD OF DIRECTORS, UNIFIED SEWERAGE AGENCY, WASHINGTON COUNTY By By Mayor Chairman ( Attest Date City Recorder Recording Secretary Date (0596A)