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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 } SOO 802 URBAN KANNM AREA,AUFfaWaff SOS 604 150 t tOT 800 301 aoo tab 106 tot rtaa / roo 200 1 stat QcF 1301 �1 1200 f 1302 7I 1300 201 105 101 200 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 '-'iFctii�'{—"•�-u�-�1' _ _.. _L .I` \� i ° t.�l� 4 �u ,t.3 1' i-r- �r� _ iC__ -'Y= !. I" iii u�:l. d� `• _ " - ` fi.'riiF- !-^•— -fig -fir IL � N.. r �� •j a-- �� i '��i_ --�-- iii_ t Lib cc cc fT ,q� L c - <z cc z <