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Washington County - Urban Planning Area Agreement (1986) WASHINGTON COUNTY, qtr i J 19 OREGON September 15, 1986 William Monahan, Director Community Development City of Tigard P.O. Box 23397 Tigard, OR 97223 RE: ADOPTION OF THE URBAN PLANNING AREA AGREEMENT On September 9, 1986 the Washington County Board of Commissioners adopted Ordinance Nos. 307, 308 and 309, amending the Washington County Comprehensive Plan. Ordinance No. 307 officially adopted the Urban Planning Area Agreement with your city. A final signed copy "of the Agreement is enclosed for your records. Thank you for-your assistance and cooperation in the process to update the Urban Planning Area Agreements. If you have any further questions, please give me a call . t Curtis anning Manager BC:mb Enclosure Department of Land Use And Transportation, Planning Division 150 North First Avenue Hillsboro,Oregon 97124 Phone:503/648-8761 5/86 WASHINGTON COUNTY - TIGARD URBAN PLANNING AREA AGREEMENT THIS AGREEMENT is entered into this a 4""- day of 199�0 by WASHINGTON COUNTY, a political su division of the Sta a of regon, 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 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 comprehensive planning coordination within the Regional Urban Growth Boundary will be implemented; and WHEREAS, the COUNTY and the CITY , to ensure coordinated and consistent compre- hensive plans, consider it mutually advantageous to establish: 1 . 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. 000NTY 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 . Coordination of Comprehensive Planning and Development A. Amendments to or Adoption of a Comprehensive Plan or Implementing Regulation Page 2 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, recrea- tional facilities , and natural resources and air and water quality management programs. "Comprehensive Plan" amendments do not include small tract comprehensive plan map changes. Implementing means any local government zoning ordi- nance, land division ordinance adopted under ORS 92.044 or 92.046 or similar general ordinance establishing standards for imple- menting a comprehensive plan. "Implementing regulation" does -not include small tract zoning map amendments, conditional use per- mits , individual subdivision, partitioning or planned unit devel- opment approval or denials, annexations, variances, building permits and similar administrative-type decisions. 2 . The COUNTY shall provide the CITY with the appropriate oppor- tunity 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 the 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 ini- tiated, but in no 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 Under- standing" 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 Page 3 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" to the draft. C. The originating agency shall respond to the comments made by the responding agency either by a) revising the final recom- mendations , ecom- mendations , 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 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. e. Upon final adoption of the proposed action by the origi- nating 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 documen- tation 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 pro- perty 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 unit developments, variances, and other similar actions requiring a hearings process which is quasi-judicial in nature. 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 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. 3. The following procedures shall be followed by the COUNTY and the CITY to notify one another of proposed development actions: a. The CITY or the COUNTY , whichever has jurisdiction over the proposal , hereinafter the originating agency, shall send by Page 4 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 discre- tion. 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. 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 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 -agen- das which contain the proposed actions to the other agency, hereinafter the responding agency, at the earliest oppor- tunity, 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 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 . Page 5 C. 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. III . Comprehensive Planning and Development Policies A. Active Planning Area 1 . Definition Active Planning Area means the incorporated area and certain unin- corporated 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. 3. The CITY is responsible for the preparation, adoption and amend- ment 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 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. Page 6 B. Area of Interest 1. Definition Area of Interest or Primary Area of Interest means unincorporated lan s 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 amend- ment 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 1 ands -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 Interest shall not create islands unless the CITY declares its intent 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 fore- going, 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 an ammendment may be initiated before the one year period is over. Page 7 5. The City 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 "A". 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 their respective recognized Community Planning Organizations (CPO) through the notice proce- dures outlined in Section III of this Agreement. 2. 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. 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. 4. The City of Tigard, City of Beaverton and Washington County.havel` agreed to the following stipulations regarding the connection of Murray Boulevard from 01d _ScholIs 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. Designation: Collector 2. Number of Travel Lanes: 2 (plus turn lanes at major intersections) 3. Bike Lanes: Yes 4. Right-of-Way: 60 feet (plus slope easements where necessary) 5. Pavement Width: 40 foot minimum Page 8 6. Access: Limited 7. Design Speed: 35 M.P.H. 8. Minimum Turning Radius: 350 to 500 feet 9. Parking Facilities: None provided on street 10. Upon verification of need by traffic analysis, the connec- tion may be planned to eventually accommodate additional lanes at the Murray/Old Scholls Ferry and Murray/New Scholls Ferry intersections. 11. The intersection of SW 135th Avenue and the Murray Boulevard 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. 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 :Avenue/Walnut Street and 121st. Avenue/Gaarde Street intersec- tions in 1986. 5. The CITY and the COUNTY shall informally establish administrative procedures and designate appropriate personnel to receive and review notices required by Sections II A, B and C of this Agreement. A Page 9 IV. 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. 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 inconsistencies noted by both parties cannot be resolved in the review process as outlined in Section III (3) , the CITY and the COUNTY may agree to initiate 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 the 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. Page 10 B. Prior to August 30, 1986 the parties will mutually study the following topics: Urban services provision by the County and City; the possibility of Tigard assuming active plan responsibility for a portion of the Metzger-Progress Planning Are Xa as shown as an area of interest on Exhibit A; and the possible removal of a portion of Section III B.4.d., which now requires the City to maintain County plan designations for one year after the effective date of annexation. Proposed revisions to this agreement shall be considered by the parties as data is available as soon as possible after September 1, 1986. 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 forth herein and to make any necessary amendments. The review process shall commence two (2) years from 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. V. This Urban Planning Area Agreement repeals and replaces. the Urban Planning Area Agreement dated September 26; 1983, Washington 'County: Resolution and Order No. 84-73, and City of Tigard Resolution 84-19B.- - This Agreement commences on SPaQ �DX 9 , 19 ' IN WITNESS WHEREOF the parties have executed this Urban Planning Area Agreement on the d ate set opposite their signatures. CITY OF TIGARD - l , By �� Date —� - -Mayor W HINGTON COUNTY B y � ' nk_­P_� Date airman; Board ot County Comnissioners Date Recording secretary CITY OF ,r IBJ ��;!� � �:., \ � � �': < ►� _ , TIGARD URBAN PLANNING AREA EXHIBIT A I• F�''41'j�=�` _ f _ WASHINGTON COUNTY-TIGARD URBAN PLANNING AREA AGREEMENT _ i � � i..�.. � Y I I h• I " �1 - .1 L � � _ -: � ' � •• � •IBJ I t� ar -i 'I; !j ,r Ili J11 11 ..\ •, i � .jrl__�J � i •it`��11 O. ; / V_.'YJ1� "V , j�t—J -�e_ LE �,J ( �.•-/✓/\ L� y�r( E V ! SII. / ; `-*� 1 198 6 II `dc„ inn{ ` �� -- L •y - N II �• '�^^� Cs — I--- � i _1 � ���J'.4�I 1 �e� l;i- •/f 'URBAN PLANNING AREA �� � �• ` 4 , 1 , •. BOUNDARY r..t� RC1• � �i � � '�``'l! i`` i. nF, I ACTIVE PLANNING AREA ® AREA OFINTEREST MURRAY BLNH-). CONNECTION m GENERAL ALIGNMENT } EXHIBIT B 600 1986 602 URBAN PLANNING AREA AGREEMENT 601 604 501 107 301 800 106 500 108 101 1100 100 200 �Q 1101 1301 1200 1302 .. 1300 100 201 , 101 200 MURRAY BLVD. CONNECTION O'DONNELL, RAMIS, DATE June 26, 1986 ELLIOTT & CREW ATTORNEYS AT LAW TO Brian Hartung anC. Bob Jean, City of Tigard 7727 N.W. HOYT STREET PORTLAND, OREGON 97209 FROM Tim Ramis, Tigard City Attorney (503) 222-4402 RE Relationship of APAA and Washington County - Beaverton Urban Planning Area Agreement After reviewing the March 25 , 1986, Annexation Planning Areas of Agreement (APAA) (Resolution No. 2685) and the May 16 , 1986, Washington County-Beaverton Urban Planning Area Agreement, it is clear that they are inconsistent. After agreeing in March to a line governing the extent of Beaverton' s and Tigard' s annexation, the City of Beaverton in May signed the UPAA with Washington County indicating an Urban Planning Area Boundary extending far south of the agreed annexation line. In fact, the Urban Planning Area Boundary includes the Washington Square area previously agreed to be subject to annexation to Tigard. The language at page 6 of the UPAA puts the subsequent document in direct conflict with the APAA. Section III (E) provides that Beaverton will conduct an urban services study within its entire planning area. The study is to identify "the area for long-range provision of urban level services and annexation to the CITY. " This language appears to authorize a study re-evaluating whether the Washington Square area should be annexed to the City. IMPLICATIONS 1 . It might be possible to read the documents consistently by having Beaverton take the position that the study called for in the UPAA has already been conducted and the final outcome deter- mined in the APAA. 2 . Alternatively, the UPAA could be treated as a repudiation of the APAA. Under this theory, Beaverton has violated the APAA and, therefore, Tigard should not feel bound by it. From a political and strategic point of view, this argument is best advanced by Washington Square or other property owners rather than by the City of Tigard. This argument also has within it the risk that Portland will seize upon it to claim that the APAA is invalid and that additional study must be done which would include a review of Portland' s interests. 3 . It is my suggestion that we remain aware of these w conflicts, but that we avoid public discussion of the issue until rwe know more about the position of the various players in the oundary Commission proceeding. cc: Bill Monahan TVR:mch 6/26/86 •...••• ••�,. . .• ,• •• . __ .:. .,..._,n na.,., l i u....,n..,,::..u: w.,.>...,•>d :+4•.,... aN,1N.iNNNNiTfilZf�/hhltilNNNih]N C1:JU.1J.1NU1i4Nf1 A `t. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 14, 1986 AGENDA ITEM H: DATE SUBMITTED: July 7. 1986 PREVIOUS ACTION: ISSUE/AGENDA TITLE: _UPAA and Tntergovernmentai Agreement PREPARED BY: William A. MOnahan REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE Should the City- revise the UPAA and Intergovernmental Agreement with Washington County. INFORMATION SUMMARY i The staff suggests that the City council modify the language of the UPAA to prevent a potential conflict with the Metzger Annexation. In addition, the Durham Rd. jurisdiction transfer is conditional on acceptance of the City and County of some development terms. The staff will present the detailed conditions to the Council on July 14. ALTERNATIVES CONSIDERED 1. Revise the UPAA and Intergovernmental Agreement. 2. Modify the staff modifications. 3. Take no action. SUGGESTED ACTION Revise the UPAA as suggested and Intergovernmental Agreement. To: Members of the City Council From: William A. Monahan, Director of Community Development Date: July 7 , 1986 RE: Washington County and Tigard Urban Planning Area Agreemnent and Intergovernmental Agreement At the last City Council meeting the Council modified the proposed Intergovernmental Agreement suggested by Washington County for the transfer of jurisdiction of Durham Road. The County could not agree with the modified language, as a result, the transfer has been delayed until the July 22 , 1986 meeting to allow staff to arrive at some alternative language. I expect to bring you some revised language which will outline the specific development standards to be applied to Durham Road. This approach will allow us to accomplish the same arrangement that we reached for 135th. I will meet with county staff during the week of July 7. We also are proposing a revision to the Urban Planning Area Agreement which the Council earlier adopted. It is still pending before the County and will be considered at the July 22 meeting. The City is proposing to eliminate the General Policy which states "Annexations to the CITY outside the Urban Planning Area will not be supported by the COUNTY or the CITY. " This change is needed in order to avoid any conflicts which our UPAA or APAA with Beaverton could cause if the boundary for the Metzger Annexation proposed by the Metzger community is certified. The County Planning Director has verbally agreed with this language revision. Copies of the UPAA and Intergovernmental Agreement are attached for your review. The UPAA contains a highlight of the area to be deleted. The Intergovernmental Agreement has the language which the Council earlier agreed to. This will be further modified with language which I will present to you at your meeting on July 14 . June 30, 1986 (7YF T167A Rp GON s of SeMce 1.1986 Mr. Rick Daniels, Director, Land Use and Transportation Washington County, Hillsboro, OR 97124 Subject: Urban Planning Area Agre(4ntent. (UPAA)• ` Dear Rick: - . The City'=of Tigard requests deletion on Page 7 of Ser-tion C. General Policies, and redesignation of Section D,. as laew '..• Section C. , Special Policies. We will then redraft'as - revised following Commission approval on the July 2-a6 1986 hearing. Sin ely, _ Robert W. Jean, City Administrator M - /br Encl. 13125 SW Hall Blvd,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 5/86 WASHINGTON COUNTY - TIGARD URBAN PLANNING AREA AGREEMENT THIS AGREEMENT is entered into this day of 19 by WASHINGTON COUNTY , a political s ivision of the State o regon, 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 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 comprehensive planning coordination within the Regional Urban Growth Boundary will be implemented; and WHEREAS, the COUNTY and the CITY, to ensure coordinated and consistent compre- hensive ompre- hensive plans, consider it mutually advantageous to establish: 1 . 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: 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 . Coordination of Comprehensive Planning and Development A. Amendments to or Adoption of a Comprehens ;vN Plan or Implementing Regulation Page 2 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 , recrea- tional facilities , and natural resources and air and water quality management programs. "Comprehensive Plan" amendments do not include small tract comprehensive plan map changes. Implementing Regulation means any local government zoning ordi- nance, land division ordinance adopted under ORS 92.044 or 92.046 or similar general ordinance establishing standards for imple- menting a comprehensive plan. " Implementing regulation" does not include small tract zoning map amendments, conditional use per- mits , individual subdivision, partitioning or planned unit devel- opment approval or denials, annexations, variances, building permits and similar administrative-type decisions. 2. The COUNTY shall provide the CITY with the appropriate oppor- tunity 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 the 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 ini- tiated, but in no 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 Under- standing" 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 Page 3 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" to the draft. C. The originating agency shall respond to the comments made by the responding agency either by a) revising the final recom- mendations , 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 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 . e. Upon final adoption of the proposed action by the origi- nating 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 documen- tation 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 pro- perty 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 unit developments, variances , and other similar actions requiring a hearings process which is quasi-judicial in nature. 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 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. 3. The following procedures shall be-fol-1 owed-bv--th-e--CO1JN-TY._and the CITY to notify one another of proposed development actions: a. The CITY or the COUNTY , whichever has jurisdiction over the proposal , hereinafter the originating agency, shall send by Page 4 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 discre- tion. 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 . 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 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 agen- das which contain the proposed actions to the other agency, hereinafter the responding agency, at the earliest oppor- tunity, 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 i.f 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 . Page 5 C. 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 . III . Comprehensive Planning and Development Policies A. Active Planning Area 1 . Definition Active Planning Area means the incorporated area and certain unin- corporated 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. 3. The CITY is responsible for the preparation, adoption and amend- ment 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 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. Page 6 B. Area of Interest 1 . Definition Area of Interest or Primary Area of Interest means unincorporated lands contiguous to the Active Planning rea 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 amend- ment 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 devel opment. b . Annexations by the CITY within the Area of Interest shall not create isl ands unless the CITY decl ares its intent 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 fore- going, 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 ant, ar ammendment may be i ni ti ated before -the vear-oe= over . Page 7 5. The City 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 "A" . Washington County recognizes that the future annexation area of interest boundary line may change in the future upon mutual agreement of both cities . C. General Policies { 1 . Annexations to the CITY outside the Urban Planning Area will not /1 be supported by the COUNTY or the CITY . D . Special Pol icier - 1 . 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 proce- dures outlined in Section III of this Agreement. 2 . 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. 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. 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 . Designation: Collector 2. . Number of Travel Lanes: 2 ( plus turn lanes at major- intersections) 3 . Bike Lanes: Yes 4. Right-of-Way: 60 feet ( plus slope easements where necessary) 5. Pavement Width: 40 foot minimum C Page 8 6. Access: Limited 1 . Design Speed: 35 M.P.H. 8. Minimum Turning Radius : 350 to 500 feet 9. Parking Facilities: None provided on street 10. Upon verification of need by traffic analysis , the connec- tion may be planned to eventually accommodate additional lanes at the Murray/Old Scholls Ferry and Murray/New Scholls Ferry intersections . 11 . The intersection of SW 135th Avenue and the Murray Boulevard 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. 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 Avenue/Walnut Street and 121st Avenue/Gaarde Street intersec- tions in 1986. 5 . The CITY. and the COUNTY shall informally establish administrative procedures and designate appropriate personnel to receive and review notices required by Sections 11 A, 8 and C of this Agreement. Page 9 IV. 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. 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 inconsistencies noted by both parties cannot be resolved in the review process as outlined in Section III (3) , the CITY and the COUNTY may agree to initiate 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 the study. b . Upon completion of the joint study, the study and tine 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. Page 10 B. Prior to August 30, 1986 the parties will mutually study the following topics: Urban services provision by the County and City; the possibility of Tigard assuming active plan responsibility for a portion of the Metzger-Progress Planning Areqa as shown as an area of interest on Exhibit A; and the possible removal of a portion of Section III B.4.d . , which now requires the City to maintain County plan designations for one year after the effective date of annexation . Proposed revisions to this agreement shall be considered by the parties as data is available as soon as possible after September 1 , 1986 . 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 forth herein and to make any necessary amendments . The review process shall commence two (2) years from 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. V. This Urban Planning Area Agreement repeals and replaces the Urban Planning Area Agreement dated September 26, 1983, Washington County Resolution and Order No. 84-73 , and City of Tigard Resolution 84-19B. This Agreement commences on . 19 IN WITNESS WHEREOF the parties have executed this Urban Planning Area Agreement on the date set opposite their signatures . CITY OF TIGARD 8Y Date Mayor - - - - - WASHINGTON COUNTY By _ Date _ airman, oar o ounty Commissioners __ Date Recording Secretary — - - CITY OF TIGARD :77.7 URBAN PLANNING AREAUri 1AZ EXHIBIT Ati .. _ WASHINGTON COUNTY-TIGARD URBAN PLANNING AREA AGREEMENT Tr r A 4 r i • 'lj �` r_ 1 _ 11 Lc­ � I •1� � �.. �� ill 1 1 .,j -: _ / -1-1 �_. �• I ,J� , J , � � ` ems N �_•� , " � �-mn fes\ ' .-. , 1 1 11�1 URBAN PLANNING AREA BOUNDARY Eli A ACTIVE PLANNING AREA � 1 A Rr A -,� Irl�f RF.13T .. • � t. �h MURRAY 1- ' ,VD. CONNECTION } GENERAL ALIGNMENT morn B eoo tom 002 URBAN PLAN AR,A AGFIEEWW 601 804 601 107 800 301 600 108 108 101 1100 100 200 1101 1301 1200 1302 1300 I f 201 100 101 200 t MURRAY BLVD. CONNEC-nON INTERGOVERNMENTAL AGREEMENT This AGREEMENT, made and entered into as of the day of 1986, by and between the CITY OF TIGARD (hereinafter referred to as "CITY") and WASHINGTON COUNTY, a home rule political subdivision of the State of Oregon, (hereinafter referred to as "COUNTY") . WITNESSETH: WHEREAS, CITY is desirous of obtaining jurisdiction of a portion of S.W. Durham Road (County Road No. 429) lying between S.W. Hall Blvd. and Oregon Highway 99W; and WHEREAS, COUNTY is considering the surrender of jurisdiction of said road, either in whole or part, based upon the execution of this agreement by CITY; WHEREAS, COUNTY has adopted policies to guide the surrender of jurisdiction process in the interim period prior to updating COUNTY'S Transportation Plan; and WHEREAS, COUNTY in the transportation plan update process is determining roads which provide county-wide circulation of which the maintenance, improvement or expansion should be funded from county-aide revenue sources; and WHEREAS, the COUNTY transportation plan update will be coordinated with adopted CITY transportation plan, thus resolving differences and establishing uniform classifications and standards; NOW, THEREFORE, pursuant to ORS 190.003 through ORS 190.030 and in consideration of the mutual covenants contained herein, the parties agree. -as follows: 1 . COUNTY shall : A. Diligently pursue the completion of the process of surrendering COUNTY jurisdiction for all of that portion of S.W. Durham Road as previously described as well as endorsing the City' s efforts to administratively annex those portions of Durham Road outside of the City limits. B. Diligently pursue the completion of the process to surrender jurisdiction for all of the remaining portions of Durham Road to the City upon administrative annexation of those segments by the City. 2. If said road, in whole or in part, is surrendered by COUNTY TO CITY, CITY agrees to the following: PAGE 1 A. That the standards for construction, reconstruction or any improvement whatsoever on said roads shall be in accordance with those standards of the COUNTY, endorsed by the City on February 24, 1986 in a Memorandum of Understanding. Said standards are entitled Washington County Uniform Road Improvement Design Standards (Exhibit A), (i .e. section, depth and paving thickness but not access or other County Development Code requirements) . B. That the CITY will initiate Administrative Annexation of those segments of Durham Road not within Tigard for the purpose of requesting jurisdiction of the entire length of Durham Road from Pacific Highway (Hwy . 99W) to Hall Blvd . 3 . This agreement shall be in effect for two (2) years from the date executed by CITY below and shall automatically be extended for additional two (2) year periods unless at least 90 days prior to the end of a term, CITY delivers to COUNTY a termination notice. BOARD OF COUNTY COMMISSIONERS CITY OF TIGARD FOR WASHINGTON COUNTY, OREGON Chairman yo �vV Recording Secretary City R c rder/r20 TFYn DATE EXECUTED: DATE EXECUTED: p n APPROVED AS TO FORM: APPROVED AS TO FORM: County Counsel Office City Attorney' s Office (br23) PAGE 2