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Washington County - Urban Planning Area Agreement (1988) Al ORDINANCE 332 & 333 ,a EXHIBIT URBAN PLANNING AREA AGREEMENTS ISSUE PAPERS Ordinances 332 & 333 September 1988 WASHINGTON f COUNTY, OREGON September 1, 1988 TO Board of County Commissioners FROM Bruce A. Warner, Director Land Use and Transportation SUBJECT UPAA UPDATE - ORDINANCE NUMBERS 332 AND 333 Background Planning Division staff has been in contact with all the cities in Washington County since the first Planning Commis- sion public hearing on Ordinance Nos. 332 and 333 that was held on July 27. Discussions with the cities have indicated that either no further changes are required or, where chang- es are needed, they were identified and proposed language/ map changes have been prepared. The following is a summary of the status of the changes in the fourteen urban planning area agreements since they were originally filed as part of Ordinance Nos. 332 and 333 : Text Map City Changes Changes Status Banks No No Beaverton Yes Yes See Attachment A Cornelius No No Durham No No Forest Grove No Yes See Attachment B Hillsboro Yes Yes See Attachment C King City Yes Yes Specific changes not yet identified North Plains Yes No See Attachment D Portland No No Sherwood No No Tigard Yes No See Attachment E Tualatin Yes Yes See Attachment F Wilsonville No No Staff Recommendation Planning Division staff requests that the Board of County Commissioners approve the Urban Planning Area Agreements and attached modifications. Planning Commission Recommendation Approved as per staff recommendation. BAW/KM:pf Department of Land Use And Transportation,Administration 150 North First Avenue Hillsboro,Oregon 97124 Phone:503/648-8761 ATTACHMENT "A" PROPOSED BEAVERTON MODIFICATIONS 1. Add new Section III. (Special Policies) I: I. The COUNTY and the CITY will execute a Memorandum of Understanding outlining the methodology for transfering COUNTY records regarding land use activities to the CITY when property is annexed to the CITY. The Memorandum of Understanding shall be drafted and executed by December 31, 1988. 2. Add new Section III. (Special Policies) J: J. The COUNTY and the CITY will execute a Memorandum of Understanding outlining the respective responsibilities for collection of fees, inspections and drainage maintenance districts on platted subdivisions annexed to the CITY. The Memorandum of Understanding shall be drafted and executed by December 31, 1988. 3 . Section II. (Coordination of Comprehensive Planning and Development) B.2 is amended as follows: 2. The COUNTY will provide the CITY with the opportunity to review and comment on proposed development actions requiring notice within Aree-"Au-of the designated Urban Planning Area.---ene}-tke-29HPF� -*a ��-pe�ie�e-tke-E��i� W�tk--the-eppe�tttni��r-to-�eE,*nevi-anel-eeramenb-en-p�epesed-small t�aet--eeatp�ehens��e--part--mep-amendments-w�th�n-r��eet—u$u-ef tke--designated--8�ben--P�anrtng-rl�eer 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. 4. Exhibit "A" (Urban Planning Area Map) is amended by removing references to areas "A" and "B". 5. Section II. (Coordination of Comprehensive Planning and Development) D is amended as follows: D. The CITY and the COUNTY agree that when annexation to the CITY takes place, the transition in land use designation from one jurisdiction to another should be orderly, logical and based upon a mutually agreed upon plan. Upon annexation, the CITY agrees to convert COUNTY plan and zoning designations to CITY plan and zoning designations which most closely approximate the density, use provisions and standards of the COUNTY designations. Such conversions shall be made according to the tables shown on Exhibit "B" to this Agreement. Pt��bhene�e---bhe--el�P'f--agrees--be mainbain--bhis--designabien--few-ene-yeas-afber-bhe-effeebive lobe--ef--anne�abian--unless--bebh--bhe--e���--ane -bhe-e6UPi�� Planning--Hireebe�rs--agree-ab--bhe-bime-a€-anne�abien-bhab-bhe e9UNTY---elesignabien--is--et�be}abeel--and--amenelmenb--eet�lel--be inibiabee}-bef awe-bhe-ene-peace-pe�iee}-is-eb*e�r 6. Exhibit "B" is amended as follows: a. Change City equivalent of County R-6 from R-7 to R-5. b. Add the following footnote: When partially completed developments such as residential subdivisions, apartment complexes industrial parks retail or office centers , etc. are annexed to the CITY after receiving development approval from the COUNTY the CITY may, at its discretion, continue to apply the COUNTY's development standards relating to setbacks lot sizes lot coverage and heights for buildings and accessory structures for any new construction taking place after annexation. (doc:staffrpt) UPAA 8/88 EXHIBIT "B" CITY-COUNTY LAND USE DESIGNATION EQUIVALENTS County Beaverton* Plan/Zoning Plan Zoning** Residential 5 u/ac Urban Standard Residential R-7 Residential 6 u/ac Urban Standard Residential R-:� R-5 Residential 9 u/ac Urban Standard Residential R-5 Residential 15 u/ac Urban Medium Residential R-2 Residential 24 u/ac Urban Medium Residential R-2 Residential 25+ u/ac Urban High Residential R-1 Office- Commercial Office Commercial O.C. Neighborhood Commercial Neighborhood Commercial N.S. Community Business District Community Service C.S. Town Center (for property west of Hwy. 217 and south of Center only) General Commercial General Commercial G.C. Industrial Industrial Park I.P. Campus Industrial C.I. *** Light Industrial L.I. Institutional Shown on Plan Zoned to the most restric- tive abutting zone. Significant Natural Resource Significant Natural Not designated Resource on zoning map * When partially completed developments such as residential subdivi- sions. apartment complexes industrial parks retail or office centers, etc. are annexed to the CITY after receiving development approval from the COUNTY the CITY may, at its discretion continue to apply the COUNTY's development standards relating to setbacks, lot sizes, lot coverage and heights for buildings and accessory structures for any new construction taking place after annexation. ** Beaverton's residential densities identified in Exhibit "B" reflect current standards. Amendments to the City's standards shall revise this exhibit- upon final approval by the City. *** Planning Director shall determine the appropriate industrial designation based upon prevailing industrial land uses and the characteristics of individual activities, i.e. , extensive outside storage, non-conforming characteristics, etc. CITY• OF FOREST GROVE URBAN PLANNING AREA ue l rr \:;: i i':i'::'::5:•:•;:::;.:. :.;:::. EXHIBIT A UGSI I :.:.:.:..::..:�.:.':�. WASHINGTON COUNTY FOREST GROVE AN PLANNINGN IND AREA EA A GREE ENT I t• .• I i I — I l t I w 'w (w o� w' L u . t t I w I. ` y 1 1 _ r _ r r �• �° ' � II �, MODIFY CITY LIMITS 7 c. a I �1 t• _ 1• , :t O .. V :v t:f .y r .'^'�f •l..•.1 • N r YI R ♦ 'll E �. •L NO r I - ,,j O1 c I I: n❑ ( r,� r _ ,Y, CI l] ❑ sly i:: [. -.u— 111w L L_ J 13UYLl .",, •.. i u[a.c E — 71 : . 0 ♦1 �I=l [" elf ( [ —�. lr... l k jl_N 1988 � r leo' i-u.y� J D UNINCORPORATED URBAN PLANNING AREAMI SIWAGf z ...�.E�.. CITY LIMITS ,.., _..., ---- URBAN GROWTH BOUNDARY `—� , ATTACHMENT "C" PROPOSED .HILLSBORO MODIFICATIONS Replace Section III. D with: D. Urban Area D, (Exhibit "A") 1. The CITY has identified Area D as a potential area for annexation and the future provision of urban services by the CITY. Area D includes only those unincorporated properties within the Regional Urban Growth Boundary, and does not include any properties within other cities. 2 . In Area D, the CITY will continue its current annex- ation policy, under which property owners interested in annexation are welcome to contact the CITY for whatever information and assistance they need to initiate and complete the annexation process. 3 . Upon annexation within Area D, the CITY will initiate Comprehensive Plan Land Use and Transportation Map changes on recently annexed properties, to CITY land use designations and functional street classifications corresponding as closely as possible to those designa- tions and classifications already adopted by Washington County for those properties. 4. The CITY will negotiate with the service districts currently providing urban services to properties in Area D, and will address service provision issues on an individual basis upon receipt of petitions for annex- ation. The CITY will work toward formal long-term service agreements with each affected service district, and shall consider Area D in all public facility plans. HILLSBORO URBAN PLANNING AREA EXHIBIT A NN WASHINGTON COUNTY-HILLSBORO URBAN PLANNING AREA AGREEMENT '1111 a �,11a1 ii Esr / ai �f. ._... •.y Fmic;nrrN .. !_ _ 1 \` i I A :f1GIlEEN fpr,/� 1. 1 IunuillnlN -NN 1-1 , 11 hi.1 < l Al�irNln �/ In In '1 r 1, !11) lip l� n I1� 111111':1 (11111 At 1 1`%0(1IU 1.1 V I ]AK Ill 1 ti 1 HIL _SI OR ' l,� 11 \ �o k 1 u (- 111 x — W III IING III j —-1 1 o COIINELL {`L_r a. 1, 1 hII 1AI 111 IBIAN) S1 •I ?• L 1' (� IAI'h SIW 1 1 1 l ). 1` 1A IINI:I IIN II II M;I)IN ;x , 1 +� MAIN ::I IAIN 1 I I (• +- - fi SI IASE{JN- i 1 170 I 'I l ---1 > WAI NI I /lAK til 1 z 1 . MA#j ISI A S �Ij H aMIN L 1 _� JP q!(E{ + �i j i 1 MI nll)nu ✓ENkl� Y IIWY -� 111Ns LD/ s ,V ti 1 (� IIWY 1 ; 1 -I 1\1\\\�.1 1988 CHANGE TO AREA •'••" 1 l r IIIVISION r URBAN PLANNING AREA BOUNDARY W.�..I� —'—f ---� 11 I �(i�O� $ ' vll A(l ` •-- I r- UAK I IV ..w I( NA •:L fl A IMMEDIATE URBAN AREA • I _ i _ -1 �� nn 11n n 1 � L MANY I � � • AI (- _- IIN (SEE TEXT) C • s Wit. + { { t Haunt Na �.1 F 3 1• L) m •�— � ;A SNFI 4UL 1 111; 1 1r 1 ! 1 ATTACHMENT "D" PROPOSED NORTH PLAINS MODIFICATIONS Amend Section III. (Special Policies) A. 1 as follows: A. Definitions 1. Urban Growth Boundary means the area within which urban development will occur e�,*e�--tl�e--newt--fie--yews---the Hrbart--6�ewth--Bettnday--o£ as represented in the City of North Plains' Comprehensive Plan is-eete�minet�s-with-tl�e e4:ty--14:rn:its. The CITY is responsible for comprehensive planning within the Urban Growth Boundary. 2 . Area of Interest means the area adjacent to but outside of the existing Urban Growth Boundary which is not currently identified as needed for urban development by the CITY but is the most logical area for urban expansion should a future need be demonstrated. The COUNTY is responsible for comprehensive planning and development actions within the area of interest until such time as the CITY Urban Growth Boundary is expanded and the area annexed to the CITY. 3 . Urban Planning Area means the combined area of the Urban Growth Boundary and the Area of Interest. The CITY and the COUNTY shall notify one another of proposed comprehensive planning and development actions within the Urban Planning Area according to the provisions of this Agreement. B. Approval of any annexations outside the CITY's Urban Growth Boundary must be preceded by or in conjunction with a comprehensive plan amendment to the CITY's Urban Growth Boundary. Such amendments shall be subject to the major amendment provisions of the CITY Comprehensive Plan and shall adequately address all applicable LCDC Statewide Planning Goals. C. Amendments to the CITY Urban Growth Boundary within the identified Area of Interest shall not require an amendment to Exhibit "A" of this Agreement. Amendments to the Urban Growth Boundary outside of the identified Area of Interest shall require an amendment to Exhibit "A" as outlined in Section IV of this Agreement. ATTACHMENT "E" PROPOSED REVISION WASHINGTON COUNTY - TIGARD UPAA Replace Section IV.B with the following: B. Prior to the next biennial review of this agreement (Fall, 1990) , the CITY and the COUNTY shall mutually study the following topics: 1. The feasibility of expanding the "active planning area" to include the current "area of interest" and assigning land use planning responsibility to the CITY. 2 . The feasibility and cost-effectiveness 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. PROPOSED REVISIONS WAS14INGTON COUNTY - TIGARD UPAA WASHINGTON COUNTY PROPOSAL: Replace Section IV.B with the following: B. Prior to the [next biennial review of this agreement (Fall, 1990)] commencement of periodic review for the City of Tigard and the County' s Urban Areas (April, 1989), the CITY and the COUNTY shall mutually study the following topics: 1 . The feasibility of expanding the "active planning area" to include the current "area of interest" and assigning land use planning responsibility to the CITY. - 2. The feasibility and cost—effectiveness 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. Language proposed by Washington County is shown in [brackets]. Language proposed by the City of Tigard is underlined. ht/15DD 7 � ATTACHMENT "F" PROPOSED TUALATIN MODIFICATIONS Add new Section III.I: I. The Tualatin Comprehensive Plan employs a one-map system wherein the Comprehensive Plan Map fulfills a dual role by serving as both the Plan Map and Zone Map thus eliminating the need for a separate Zone May. The CITY's Comprehensive Plan Map establishes land use designations for unincorporated portions of the Urban Planning Area. Upon annexation of any property within the Urban Planning Area to the CITY the Planning District specified by the Tualatin Comprehensive Plan Map is automatically applied to the Property on the effective date of the annexation (as authorized by ORS 215. 130 (2) a) . If a property owner, contract purchaser, the authorized representative of a property owner or contract purchaser, or the CITY desire a Planning District different from that shown on the Comprehensive Plan Map, an application for a Plan Map Amendment may be filed with CITY at the time of or following annexation. CITY OF TUALATIN URBAN PLANNING AREA EXHIBIT A WASHINGTON COUNTY-TUALATIN URBAN PLANNING AREA AGREEMENT BULL �1 —� -� = 4, BONITA RD MCN P, SATTLEA ST Q I GPS / Q c / j = 2 �9 Qell RD LC ;END DUANAM AD ` _ � l it CITY LIMITS CHANGE CITY LIMITS CHANGE ' R U l.j f f l"�fTl '.4. / RD _ I ...•'f�tiC Tualatin CITY LIMITS CHANGE Eh SAGERT RD �I AVERY ST r RD SHC. W CITY LIMITS CHANGE o 0 c z cn Q 0 Y J ST _ = v < p O HELENIUS �� w MERIDI, AO Q CUTOF. 1988 cn NORTH 0()P RD C <� ���■ = URBAN PLANNING AREA L F- BOUNDARY C DA YrRa � UNINCORPORATED URBAN PLANNING A R AREA c CITY OF TIGARD, OREGON P malxmw NO. 88- 11 A RESCUJTICK ADQP'Tn G AN URBAN PLANNING AREA AQUEKIM (UPAA) BEIWffiJ THE CITY OF TIGARD AND WASHIN3 ON COUNTY MEIMAS, the City of Tigard arra Washington County, to ensure coordinated and consistent co nsive . plans, eonsiit m3tually advantageous to establish a process for coordinating waive planning arra development in the Urban Planning Area; and V. WHEREAS, the Urban Planning Area Agreement expired an November 81 1988; and SAS, the City of Tigard and Washington County have mutually agreed to perfa m a feasibility study to consider expansioan of the City of Tigard's "active planning area" and the encpedi,enoe of the City to provide development services to the expanded area; and WHEREAS, the Urban Planning Area Agement attached includes a provision requiring the City and the County to complete the feasibility study prior to of periodic review in April 1989. NOW , be it resolved by the Tigard City Council that: Section 1: Zile City Council adopts the attached Exhibit "A" titled "WASEIINGIC�t 00UNI'Y - TIGARD URBAN PI ANNING AREA Ate. Section 2: The Mayor arra Deputy City Recorder are hereby authorized to sign the Urban Plannning Area Agreement on behalf of the City of Tigard arra Deputy City Recorder is further directed to file a copy of said agreement with Washington. County. PASSED: This day of DaU4m�, 1988. ATTEST: Mayor - City of Tigard Deputy Recorder - City of Wgard J REV'D CITY OF TUALATiN WASHINGTON 18 49 COUNTY, NOV IIN OREGON NOW _ RECEIVED PLANNING AAM^ --R�m1n Afet Mice Finswe Ing A Bldg_ Plrnnlaj NOV 121991 fake 6 Rw 11Drf November 16, 1988 omm"Ons __Ur9 Bennsl tegM __ James Jacks, Planning Director City of Tualatin P.O. Box 369 Tualatin, Oregon 97062 RE: ADOPTION OF THE URBAN PLANNING AREA AGREEMENT On October 25, 1988, the Washington County Board of Commissioners adopted Ordinance Nos. 332 and 333, amending the Washington County Comprehensive Plan. Ordinance No. 332 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. r_ Kevin J. Martin Senior Planner KJM:mb enclosure Department of Land Use And Transportation, Planning Division 150 North First Avenue Hillsboro,Oregon 97124 Phone:503/648-8761 8/88 WASHINGTON COUNTY - TUALATIN URBAN PLANNING AREA AGREEMENT THIS AGREEMENT is entered into this day of 6,h/w , 19 _ by WASHINGTON COUNTY, a political subdivision of the State of Oregon, hereinafter referred to as the "COUNTY" , and the CITY OF TUALATIN, 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 district plans and actions shall be consistent with the' comprehensive plans of the cit- ies 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 WHEREAS, the COUNTY and the CITY, to ensure coordinated and consis- tent comprehensive 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 agree- ment. Page 2 II. Coordination of Comprehensive Planning and Development A. Amendments to or Adoption of a Comprehensive Plan or Imple- menting Regulation 1. Definitions Comprehensive Plan 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 ;T- aality management programs. "Comprehensive Plan" amendments do not include 'small tract comprehensive plan map changes. 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. "Imple- menting regulation" does not include small tract zoning map amendments, conditional use permits, individual subdi- vision, partitioning or planned unit development approval or denials, annexations, variances, building permits and similar administrative-type decisions. 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 plan or implementing regula- tions. The following procedures shall be followed by the COUNrMf and th.n 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 respond- ing agency, of the proposed action at the time such planning efforts are initiated, 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 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, Page 3 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 recommenda- tions on any proposed actions to the responding agency for its review and comment before finalizing. Unless otherwise agreed to in a "Memorandum of Understand- ing", 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" 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 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. U. Development Actions Requiring Individual Notice to Proper- ty 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 par- cels. 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. Page 4 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 oppor- tunity 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 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 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. 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 consideration as a part of the public record on the proposed action. If, after such consider- ation, 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 af- fect the community, but are not subject to the notifi- cation and participation requirements contained in subsections A and B above. Page 5 a. The CITY or the COUNTY, whichever has jurisdiction over the proposed actions, hereinafter the origi- nating agency, shall send by first class mail a copy of all public hearing agendas which contain the proposed actions to the other agency, hereinaf- ter 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 originating agency to notify the responding agency. b. The agency receiving the public hearing agenda may zi-espond at its discretion. Comments may be submit- ted 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 consider- ation, 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. Definition Urban Planning Area means 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 Urban Planning Area is desginated on Exhibit "A" . B. The CITY shall be responsible for comprehensive planning within the Urban Planning Area. C. The CITY shall be responsible for the preparation, adoption and amendment of the public facility plan required by OAR 660-11 within the Urban Planning Area. D. As required by OAR 660-11-010, the CITY is identified as the appropriate provider of local water, sanitary sewer, storm sewer and transportation facilities within the urban planning area. Exceptions include facilities provided by other service providers subject to the terms of any intergovernmental agreement the CITY may have with other Page 6 service providers; facilities under the jurisdiction of other service providers not covered by an intergovernmental agreement; and future facilities that are more appropriately provided by an agency other than the CITY. E. The COUNTY shall not approve land divisions within the unincorporated Urban Planning Area that are inconsistent with the provisions of the Future Development 10 Acre District (FD-10) . F. The COUNTY shall not approve a development proposal in the Urban 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 the CITY's Comprehensive Plan in the future upon annexation to the CITY as indicated by the CITY Comprehensive Plan. G. The COUNTY shall not oppose annexations to the CITY within the CITY's Urban Planning Area. H. The CITY and the COUNTY have arrived at different conclusions as the the significance of a rock quarry located on Tax Lots 901 and 1201, Map 251-35B. The quarry shall be considered significant as determined by the COUNTY's Goal 5 analysis and shall be protected by the Mineral and Aggregate Overlay District as long as it remains outside the CITY. Upon annexation to the CITY the CITY may choose to remove the Mineral and Aggregate Overlay District and not preserve the site for future aggregate extraction. I. The Tualatin Comprehensive Plan employs a one-map system wherein the Comprehensive Plan Map fulfills a dual role by serving as both the Plan Map and Zone Map, thus elim- inating the need for a separate Zone Map. The CITY's Cc�.rprehii:nsJ.e Plan Map establishes Land use designations for unincorporated portions of the Urban Planning Area. Upon annexation of any property within the Urban Planning Area to the CITY, the Planning District specified by the Tualatin Comprehensive Plan Map is automatically applied to the property on the effective date of the annexation (as authorized by ORS 215. 130 (2) a) . If a property owner, contract purchaser, the authorized representative of a property owner or contract purchaser, or the CITY desire a Planning District diffrent from that shown on the Comprehensive Plan Map, an application for a Plan Map Amendment may be filed with the CITY at the time of or following annexation. Page 7 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 amend- ment 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 pro- posed amendment is necessary. c. If the request is 'to amend the planning area bound- ary, a map which clearly indicates the proposed change and surrounding area. 3 . Upon receipt of a request for amendment from the origi- nating 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 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 ad- ditional review is necessary, the following procedures shall be followed by the CITY and COUNTY: - a. it 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 initiate a joint study. Such a study shall commence within 90 days of the date it is deter- mined 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 includ- ed 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 8 B. The parties will jointly review this Agreement every two (2) years, or more frequently if mutually needed, to evalu- ate 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 inconsisten- cies still remain, either party may terminate this Agreement. V. This Urian Planning Area AgreemeitV repeals and replaces file Urban Planning Area Agreement dated September 9, 1986. This Agreement commences on Z , 19 no IN WITNESS WHEREOF the parties have executed this Urban Planning Area Agreement on the date set opposite their signatures. CITY OF IU LATIN By ��C',C� ��,� Date October 24 , 1988 Mayor Pro-Tem WASHINGTON COUNTY o By 1 L- Date Chairman, Board of Cou ty o issioners LA121T14­,( _2AC Date �1 % 'op ecordinS retary CITY OF TUALATIN URBAN PLANNING AREA EXHIBIT A WASHINGTON COUNTY-TUALATIN URBAN PLANNING AREA AGREEMENT BULL �� L� —_'? M�N Pp u, BONITA RD o SATTLER ST Jco Q Q�MPr RD ,. King' DUA)4AM RD Ln S` HER D 0 uThkm W Tualatin I p0 SAGERT RD AVERST Y Q RD H .` >'t w Q o 0 S C Q PSP cc '.::•:..:. z Y 2 Y C/1 Q Q J O U O \ O Q; 2 J O HELENIUS h w MERIDI, RDm Q CUTOF, 1988 �- cn NORTH OOP RD Q s �4 Q URBAN PLANNING AREA BOUNDARY _ Lo DA Y7Ra UNINCORPORATED URBAN PLANNING AREA ^04%, / CITY OF TIGARD.- OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: DATE SUBMITTED: July 15, 1988 ISSUE/AGENDA TITLE: Renewal of PREVIOUS ACTION: Adoption of previous Urban Planning Area Aqreement �!qreement on September 9, 1988 PREPARED BY: Elizabeth Ann Newton DEPT HEAD QICAJ� CITY ADMIN OK_JW��, REQUESTED BY: Community Developme POLICY ISSUE Should the City Council conduct a limited review of the Urban Planning Area Agreement or open up the agreement for introduction of new issues and renegotiate existing language. INFORMATION SUMMARY The Urban Planning Area Agreement entered into by the City of Tigard and Washington County on September 9' 1986^ will expire on November 8^ 1988^ under provisions of the existing agreement. If, after completion of a 00—day review period inconsistencies remain' -either party may terminate the agreement. Prior- to riortn entering into the review process with the County it seems appropriate that the Council and staff discuss the range of issues that are relevant to the Urban Planning Area Agreement. Attached is a memo which outlines the purpose of the agreement in more detail .and a worksheet which lists possible issues for discussion. ALTERNATIVES CONSIDERED FISCAL IMPACT Will be determined when policy direction in provided by Council . SUGGESTED ACTION Discuss how extensive the review of the Urban Planning Area Agreement should be and provide direction to staff on specific issues where consensus can be reached . ht/5976D MEMORANDUM CITY OF fIGARD, OREGON TO: Mayor and City Council July 15, 1988 FROM: Ed Murphy, Director of Community Developm i SUBJECT: Urban Planning Area Agreement The Urban Planning Area Agreement entered into by the City of Tigard and Washington County on September 9, 1986, will expire on November 8, 1988, under provisions of the existing agreement. If, after completion of a 60--day review period inconsistencies remain, either, party may terminate the agreement. The stated purpose for the UPAA is the requirement that as part of Comprehensive Plan acknowledgement and compliance, each jurisdiction within the Portland Regional Urban Growth Boundary submit an agreement setting forth the means by which planning issues will be coordinated. In addition, the City and County have included sections on property owner notice, planning and development policies in the Active Planning Area and Area of Interest, and Special Policies including delign standards for specific streets. On June 3, 1988, my office received a letter from Washington County indicating the elements of the agreement their staff would like to review which are limited to coordination procedures, the boundaries of "areas of interest" and any other minor modifications necessary for clarification or to improve the functioning of the agreement. Prior to entering into the review process with the County it seems appropriate that the Council and staff discuss the range of issues that are relevant to the Urban Planning Area Agreement. To facilitate the discussion, a worksheet is attached which lists the possible issues staff has identified, with options for consideration, and a position recommended by staff. In addition, a column labeled "consensus position" is included to record the outcome of the Council 's discussion. ht/5960D Attachment June 22, 1988 City of Beaverton Mr. Ed Murphy Planning Director City of Tigard POB 23397 13125 SW Hall Blvd. Tigard, OR 97223 Re: Urban Planning Area Agreements Updates with Washington County Dear Mr. Murphy: No doubt you have recently received a letter from Washington County -- outlining their process for review of the Agreements. It is our thought that it would be beneficial to present a coordinated or unified approach on any issues we have in common. I enclose a copy of my response to the County highlighting areas we would like them to consider. Please give me a call should you wish to discuss any mutual concerns we may have or other aspects of the review. If there is sufficient interest, we may want to have a meeting. Sincerely, Linda L. Davis, AICP Planning Director 0428k 4755 S.W. Griffith Drive, P.O. Box 4755, Beaverton, OR 97076, General Information: (503) 526-2222 An Equal Opportunity Employer x City of Beaverton June 22, 1988 Mr. Brent Curtis, Planning Manager Washington County 1150 North . First Avenue Hillsboro, Oregon 97124 Dear Brent, In response to your letter of May 31st outlining the process of Memorandums of Understanding and the UPAA Update, I offer the following. As part of your program to entertain revisions to the Community Development Code, we would like the County to consider changes to individual zoning categories to more clearly define uses and purposes and possible methods to handle inconsistencies between the City and County's development standards. Our experience with administering the UPAA in its current form has brought to the forefront several situations which present difficulties with respect to annexed lands. For example, your industrial categories have some development standards and uses listed that are quite different than our own. Another typical inconsistency that comes up quite often is the differences in residential standards for lot sizes permitted in the zone and setbacks. In addition, I hope that the County will consider adoption of the Metro solar access protection ordinances. It's to the benefit of both jurisdictions to have these adopted as soon as possible, especially for new subdivisions. Subdivision lots which do not meet the solar access code will be subject to the i.^.f 11 St?n!inrds later--a nrohl crn for vni t anri nno fnr i is ac ct ibdi vi ci nnc _ are annexed. With regard to the the Urban Planning Area Agreement, there are several changes the City would like to discuss. While I understand your goal is to limit the review to certain aspects and sections, a few of our interests may not be addressed if you strictly adhere to that framework. Among the issues we wish to negotiate or include are: 1. Inclusion of methodology for transfer of records regarding land use activities on properties annexed to the City. Although we have had an informal agreement, attempts to implement have been met with resistance and confusion; 4755 S.W. Griffith Drive, P.O. Box 4755, Beaverton, OR 97076, General information: (503) 526-2222 An Equal Opportunity Employer 2. Inclusion of understanding that has been informally agreed upon between the City and County engineering managers regarding the respective responsibilities for collection of fees, inspections, and drainage maintenance districts on newly platted subdivisions. This could be placed under section III, Special Policies; ; 3. Suggest that we eliminate "A" and "B" notification differences on as illustrated on map called Exhibit A of the Agreement. It seems that in practice we have been notified of actions in both areas; 4. Expansion of Exhibit B (City-County Land Use Designation Equalivents) to include assignment of development standards, such as heights, minimum lot sizes, setbacks, etc. ; 5. Delete Exhibit C and text references thereto (page 6, paragraph H). This is a moot issue now; 6. Eliminate the requirement on page 5, paragraph D, last sentence, which states that the City agrees to maintain the County land use designation of annexed properties for one year unless there is an exception agreed upon. Our differences in scheduled times for processing Plan amendments can result in property owners being considerably delayed in bringing their issue to hearing. Please call me at your earliest convenience to make arrangements to discuss the above items in further detail. Sincerely, Linda L. Davis, AICP Planning Director cc: CPO's 1,3,4,7 Ed Murphy, City of Tigard li slow ir%vlr:J, i.iTj vi Hillsboro Norman Abbott, City of Portland 0437k � r WASHINGTON COUNTY, �e OREGON May 31, 1988 Ed Murphy Community Development Director City of Tigard P.O. Box 23397 Tigard, Oregon 97223 Subject: Memorandum of Understanding for 1988 Land Use Ordinance Hearings; UPAA Update Memorandum of Understanding In accordance with the provisions of Chapter X of the Washington County Charter, public hearings on land use ordinances will be held before the Planning Commission and Board of County Commissioners at various times between July 1 and October 31, 1988 . The land use ordinances will address the following topics: -- - Washington County Transportation Plan Update - revisions to the Community Development Code - biennial review of the Urban Planning Area Agreements Other issues may be considered if the need arises. Exact hearing dates have not yet been determined. We will provide you with a list as soon as it is finalized. As stated in the current UPAA between the County and your city, you may elect to have your city's involvement in the ordinance adoption process defined by a "memorandum of understanding" . The memorandum would clearly outline the process by which your city would partici- pate in the adoption process for these land use ordinances. Should you desire to execute a memorandum of understanding please contact me. You may choose to waive the requirement to negotiate and sign a memorandum of understanding but still participate in the ordinance adoption process. Copies of all relevant materials will be forward- ed to you as they -become available. You may relay comments to me prior to the appropriate public hearings or you may provide written or oral testimony in person at the public hearings. Urban Planning Area Agreement Update Language within our current urban planning area agreement requires that it be reviewed every two years and updated if necessary. Since the UPAA was last updated in 1986, it is now time to begin Department of Land Use And Transportation,Planning Division 150 North First Avenue Hillsboro,Oregon 97124 Phone:503/648-8761 Letter to Ed Murphy From Brent Curtis Page Two our biennial review. It is our goal to limit the review and update to the following elements of the UPAA: - the coordination procedures in Section II; - the boundaries of unincorporated "areas of interest" ; - any other minor modifications necessary for clarifica- tion or to improve the functioning of the agreement. Please review the current agreement at your earliest convenience and identify any modifications you feel are necessary. If at all Possible we would like to discuss any proposed changes with you by the end of June. We will contact you again in several weeks to discuss the status of your review. If you have any questions regarding the memorandums of understand- ing or the UPAA please contact me at 648-8761 or Kevin Martin at 640-3519. SAcely, Curtis Land Development Manager/ ng Manager BC/KM:pf City of King City Robert W . Jean , Administrator City of Tigard P . O . Box 23397 Tigard , OR 97223 February 1 , 1988 Re : Area of Interest Agreement Dear Bob : Since your letter of mid-December on the subject of "area of interest" , we have had several discussions with City Councillors . At present there is general consensus that such an agreement would be beneficial to our interests particularly if it identified more preceisely what the specific "interests" were . Essentially "interests" in the past have focused on land use , service providers and other elements relating to " impacts" on -the immediate adjacent area , or policies pertaining to whom was respon- sible for the delivery of a service . While we are still interested in those specifics we are equally concerned about the "interests" which Tigard has relating to transportation system issues and storm water drainage problems that are relevant to each of our area of interest . To be more specific , we have just received a storm drainage report covering King City which notes the importance of storm water drainage policies and plans from areas outside the City limits, either in Tigard ' s area of interest or in other Washington County unincorporated area . We know that alone we can address and solve only part of what are serious problems . A similar case exists regarding Beef Bend Road and the intersection of Beef Bend And Pac- ific Highway . Frankly , we are looking for both "partners" and "par- ticipants" which will , with County assistance , allow us jointly to address and solve these specific problems . I ' ll contact you in the next week or so to see if we can develop an agenda to guide dis- cussion . With reference to the "Urban Planning Area" map used by King City , we intend to seek an amendment which expands our "interest" in urban development south of Beef Bend but westerly of 131st Avenue to include the area within the amended urban growth boundary . These comments are made only to bring you up-to-date on our thinking . It is evident , I am sure , that each subject will require better definition and discussion . • City of King City • 15300 S.W. 116th Avenue, King City, Oregon 97224 • (503) 620-6444 • In the interim we would welcome the opportunity to review a draft agreement that represents Tigard ' s policy position and service objectives . Sincerely , George E- Morgan City Administrator P . S . I have appreciated the opportunity to review Tigard ' s program to update your Transportation Plan . My thanks to Randy Wooley . CITY OF TIGA M December 18, 1987 OREGON Mr. Pete Harvey, City Manager City of Lake Oswego PO Box 369 Lake Oswego, OR 97034 Subject: Area of Interest Agreement Dear Pete: As we discussed on the phone last week, the City of Tigard has had some past contacts regarding annexation to Tigard of areas South of Kruse Way and East of I-5. We have stated, and will continue, our support for annexation of those areas to Lake Oswego, or if further south, to Tualatin. The City of Tigard has no annexation interest East of I-5. The attached Urban Planning Area Agreement map shows Tigard's Urban Services Areas of Interest, areas we would consider for annexation. While formally adopted between Tigard and Washington County, it is probably now time to ratify such understanding between Tigard and our neighboring cities. We will prepare a draft Agreement in January for your consideration. Please let me know if I may be of any further assistance in clarifying Tigard's position prior to a formal agreement between Tigard and Lake Oswego. Yours truly, R*er W. Jean City Administrator RWJ:lw/2376D 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 CITY OF I' , I ( L • ' fc Fr , TIGARD URBAN PLANNING AREA EXHIBIT A WASHINGTON COUNTY-TIGARD URBAN PLANNING AREA AGREEMENT \ _ i - - V• �./ IF JU t �' _ - ,�y�� `_ •• ; .-• to LE tt ,: I —�.x� �(' r�•r' __ -tel \\�*., •,�� �• : i ��t— �— I ';,rG=ill'.�® � �•,•---` `�� ?� 1986 ] Vulk LAI , Ir t— 1 ,t,d 11 s.. Cl y URBAN PLANNING AREA c' BOUNDARY ACTIVE PLANNING AREA \\� - ,,,. IJ I ' AREA OF INTEREST ��s` I it 1`.�' �► A II ORIGINAL WASHINGTON i'p COUNTY, OREGON January 5, 1989 L" Catherine Wheatley City of Tigard P.O. Box 23397 Tigard, OR 97223 RE: ADOPTION OF THE URBAN PLANNING AREA AGREEMENT On October 25, 1988, the Washington County Board of Commissioners adopted Ordinance Nos. 332 and 333, amending the Washington County Comprehensive Plan. Ordinance No. 332 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 . Kevin J. Martin Senior Planner KJM:mb enclosure Department of Land Use And Transportation, Planning Division 150 North First Avenue Hillsboro,Oregon 97124 Phone:503/648-8761 RECEIVED ► 2 i i�g8 �� �f-► �T `'P�', s/sa WASHINGTON COUNTY - TIGARD URBAN PLANNING AREA AGREEMENT THIS AGREEMENT is entered into this 6± day of ! )PCC_rn 19q_ by WASHINGTON COUNTY, a political subdivision of the State of 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 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 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 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 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. Page 2 II. 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. "Comprehensive Plan" amendments do not include small tract comprehensive plan map changes. 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 implementinga comprehensive plan. "Implementing regulation" does not include small tract zoning map amendments, conditional use permits, individual subdivision, partitioning or planned unit development approval or denials, annexations, variances, building permits and similar administrative-type decisions. 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 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 initiated, 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 Understanding" negotiated and signed by the planning directors of the CITY and the COUNTY. The 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" 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 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 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 Page 4 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 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 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. 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 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. 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 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. 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. Comprehensive Planning and Develoyment Policies A. Active Planning Area 1. Definition Active Planning Area means 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 Active Planning Area shall be continent 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 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 create 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. 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 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 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 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) 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. Page 8 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 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 connection 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 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. 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 Avenue/Walnut Street and 121st Avenue/Gaarde Street intersections 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. 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 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 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. B. Prior to the commencement of periodic review for the City of Tigard and the County's Urban Areas (April , 1989) , the CITY and the COUNTY shall mutually study the following topics: 1. The feasibility of expanding the "active planning area" to include the current "area of interest" and assigning land use planning responsibility to the CITY. 2 . The feasibility and cost-effectiveness 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 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. Page 11 V. This Urban Planning Area Agreement repeals and replaces the Urban Planning Area Agreement dated September 9, 1986. This Agreement commences on DIP c e i T) 11,/1- KC , 19 . 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 Z2 q", Chairman, Board of ou Commissioners q Date Recordin Secretary dor TIGARD ��K��_, I � ,�; AN PLANNING »�' 9 -- - / ' URB ING AREA r:_ �� �'� . . 3 y.�jn EXHIBIT A /' kitill WASHINGTON COUNTY—TIGARD URBAN PLANNING AREA AGREEMENTS „' Il . _, LLL � __'� _. E . . I I �,r� x,,.71 G � _ .,�'ya�:•:�:' �� ���' r •� '''• I[ � �" { IIF. �• -.- _ - 1 CJ7filllrt_f9c_ ... �- --_ ;✓ 7 /`1 �'7 , - _L71 r TIGARD (�jr`• f `' I rP ,° �j , �bra— '��� -� °, 1�� _1_-:Il�•• , _� i :� IGARd r -- •i 1 i 1 I f 1 i t - •1 1 � t Cl t1' _�• i _ _ n / , r f>' l 7� I I I - n n i, t - t t ..................... ..................... :ill.. •+i , W�✓ 1 0 I -- E r :l.• w� • f T :•1l%' �n��' 1 ............... e � _l}� �f"5 v . - - Il :>::: :::::>::: :<>:::<::: •:::::•: ;::•:;• ::::. :::::. :, ::::::tel£ 'L� , ��L_ Il3L`7CIflS!' `; .:.:...:: :: (� r ..: ::...:.:.. r �L cets� i fWle ) a_ it 1 � ! - r l < i" » I A t I^ t� I u •r '4 :•�>::',:yip.`;i'�"'i::'ii;�'>.��??:'•'.•;•:�:'<::: 5'�:':s'`j :+"` F - xl `.��...:: ..!�t� *G•'�ttjY�VI/j� Ifr�-<"-%���1--� �}C,.)f a •'�'• =1� .\�`t r�'`�r ( •es ��'�%::'�"•�� _rte... ii r - •u 9.jY: 1• :yam �. �_.- (� I PL '11 - t 1988 = , 'i; _;�`"r�I�-= -� F ;Y � _ ... ,:'- SIM i►! ILII , ..- N ' I rk riUc f 1_ , 1 I `�€�?` TIGARD `. � »R '•� � URBAN PLANNING AREA LIK il�lll�!!1 BOUNDARY —t — _ `/ r--' r ►� U �� ACTIVE PLANNING AREA i„ L`�:y y „.�e--- r_''-t' -d�ut�7F=•- ---�- •1 "Fk 'Ir J�! ' ` F'I P'.. fir.:, AREA OF INTEREST (_______„_T11AI ATINI — fl�,'� �, II � MURRAY E -JD. CONNECTION co m GENERAL ALIGNMENT J } EXHIBIT B 600 602 URBAN PLAMM AREA AGEMENT 601 604 501 107 800 301 106 500 108 101 1100 100 200 5 1101 4 1301 M 1200 r 1302 1300 100 201 101 200 MURRAY BLVD. CONNECTION