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Washington County - Urban Planning Area Agreement - Correspondence (1982) LAW OFFICES SCHWENN, BRADLEY, BATCHELOR AND BRISBEE P. 0. BOX 567 W. C. SCHWENN 139 NE LINCOLN CARRELL F. BRADLEY HILLSBORO, OREGON 97123 DEMAR L.BATCHELOR LARRY A.BRISBEE TELEPHONE(503)648-6677 WILLIAM H_ STOCKTON December 8 , 1982 �( D E C 1 ]! 1982 CITY OF TIGARD PLANNING DEPT. Mr. J im S t z man Department of Land Conservation and Development 320 S. W. Stark Portland, Oregon 97204 Mr. Jeremy Courselle City of Tigard City Hall Tigard, Oregon 97223 Mr. Kevin Martin Washington County Department of Planning Washington County Administration Building Hillsboro, Oregon 97123 Re : Amendment to City of King City Comprehensive Plan of Development Gentlemen: Enclosed is copy or proposed ordinance to be LonsideLeu by the City Council of the City of King City to amend its Comprehensive Plan of Development for the purpose of incorporating an "area of interest" in the text and plan map of the Plan. Under the provisions of the Charter , the Ordinance, without an emergency clause, will be effective on January 16 , 1983. We hope that the copy of the ordinance will provide you with sufficient notification and time to communicate any concerns or objections that you may have . The City Council conducted LAW OFFICES SCHWENN, BRADLEY, BATCHELOR ANO BRI58EE Mr. Jim Sitzman Mr. Jeremy Courselle Mr. Kevin Martin December 8, 1982 Page Two its hearing upon the proposed amendment on October 20 , 1982 , and the public hearing has been closed. However, the Council would invite any comments that you may have on the proposal. Yours very truly, DLB:eis Enclosure '40, V� AS H IN GTON COUN N j 3 ADMINISTRATION BUILDING — 150 N. FIRST AVENUE HILLSBORO, OREGON 97123 �REGGN BOARD OF COMMISSIONERS PLANNING DEPARTMENT 15031 say-B�si VIRGINIA DAGG,Chairman LYELL GARDNER,Vice Chairman JIM FISHER BONNIE L. HAYS LUCILLE WARREN October 11 , 1982 City-County Planning Representatives: Enclosed is the second draft of the Model Urban Planning Area Agreement (UPAA). In summary, the latest draft is different from the first in the following ways: 1 . Three major involvement and notification procedures are utilized. a. A process for participation by both parties in the major planning activities of one another. This process is targeted for those planning activates which are subject to OAR 660-18-005, "Post Acknowledgment Procedures". A "memorandum of understanding" may be negotiated to outline involvement procedures. Notification is ultimately tied to that required by OAR 660-18-020. b. A process for notification of land use actions requiring individual notice by mail to potentially affected property owners. This pro- cess is intended to apply to land use actions commonly termed "quasi-judicial ". c. A process to notify of actions which could potentially affect land use but that may not fall under the notice pr'visions of the other two processes. This is accomplished by retaining the agenda notice process contained in the first draft. 2. Since the "memorandums of understanding" process essentially provides for a joint study, the joint study process has been eliminated for the three involvement and notification procedures. 3. A joint study provision has been included for the resolution of issues that may arise when amending the agreement. 4. A new requirement to maintain land use designations for one year follow- ing annexation has been added. 5. A review and termination clause affecting the time period of the agree- ment has been added. We will discuss this new draft at the City-County Planners meeting at 2:00 p.m. Thursday, October 14. Sincerel , Ke n Martin Senior Planner KM:mbm an equal opportunity employer r �4 2nd DRAFT 10-11-82 DRAFT URBAN PLANNING AREA AGREEMENT (For City Limit Plans) THIS AGREEMENT is entered into this day of 19 by WASHINGTON COUNTY, a political subdivision of the State of Oregon, hereinafter referred to as the "COUNTY", and the CITY OF an incorporated municipality of the State of Oregon, hereinafter referred to as the "CITY". WHEREAS, ORS 190.010 provides that units of local governments may enter into agreements for the performance of any or all functions and activities that a party to the agreement, its officers or agents, have authority to perform; and WHEREAS, Statewide Planning Goal #2 (Land Use Planning) requires that City, County,State and Federal agency and special district plans and actions shall be consistent with the comprehensive plans of the cities and counties and regional plans adopted under ORS Chapter 197; and WHEREAS, the Oregon Land Conservation and Development Commission requires each jurisdiction requesting acknowledgement of compliance to submit an agreement setting forth the means by which land use coordination in the unincorporated areas within the Regional Urban Growth Boundary will be implemented; and WHEREAS, the COUNTY and the CITY, to ensure coordinated and consistent 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 land use planning; and 2. A process for coordinating land use planning and. development in the Urban Planning Area; and 3. A process for amending the Urban Planning Area Agreement. NOW THEREFORE, THE COUNTY AND THE CITY AGREE AS FOLLOWS: I. Location of the Urban Planning Area The Urban Planning Area mutually defined by the COUNTY and the CITY includes the area designated on Exhibit "A" to this agreement. II. Coordination of Land Use Planning and Development A. Amendments to or Adoption of a Comprehensive Plan or Land Use 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 quality management programs. "Comprehensive Plan" amendments do not include small tract comprehensive plan map changes. Page 2 10-11-82 Land Use 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 compre- hensive plan. "Land use regulation" does not include small tract zoning map amendments, conditioral use permits, individual subdivision, partitioning or planned unit development approval or denials, annex- ations, variance, 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 land use 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 land use 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 land use 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 CITY and the COUNTY. The 'Memorandums of Understanding" shall clearly outline the process by which the responding agency shall participate in the adoption process. (If, at the time of being notified of a proposed action, the responding agency determines it does not need to participate in the adoption process, it may waive the requirement to negotiate and sign a "Memorandum of Understanding". ) b. The originating agency shall transmit draft recommendations on any proposed actions to the responding agency for its review and comment before finalizing. Unless otherwise agreed to in a "memorandum of understanding" , the responding agency shall have ten (10) days after receipt of a draft to 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. Page 3 10-11-82 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 respond- ing 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. Land Use Actions Requiring Individual Notice to Property Owners 1 . Definition Land Use Action Requiring Notice means an action by a local govern- ment 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 land use .action which directly affects and is applied to a specific parcel or parcels. Such land use 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 land use actions requiring notice within the des- ignated Urban Planning Area. The CITY will provide the COUNTY with the opportunity to review and comment on proposed land use actions requiring notice within the CITY limits that may have an affect on unincorporated portions of the designated Urban Planning Area. 3. The following proce4ures shall be followed by the COUNTY and the CITY to notify one another of impending land 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 propised land development action to the other agency, hereinafter the responding agency, at the earliest opportunity, butno 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. Page 4 10-11-82 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. C. Additional Coordination Requirements 1 . The CITY and the COUNTY shall do the following to notify one another of proposed actions which may affect land use, but may not be sub- ject 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 orginating agency, shall send by first class mail a copy of all public hearing agendas which contain the proposed actions to the other agency, here- inafter 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. Page 5 • 10-11-82 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. Furthermore, the CITY agrees to maintain this designation for one year after the effective date of annexation unless both the CITY and COUNTY Planning Directors agree at the time of annexation that the COUNTY designation is outdated and should be amended before the one year period is over. III. 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. F 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 necessarv, the following procedures shall be followed by the CITY and COUNTY: x a. If inconsistencies noted by both parties cannot be resolved in the review process, the CITY and the COUNTY may agree to initiate a joint study. Such a study shall commence within 30 days of the date it is determined that a proposed amend- ment 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. Page 6 10-11-82 b. Upon completion of the joint study, the study and the recom- mendations drawn from it shall be included within the record of the review. The agency considering the proposed amend- ment shall give careful consideration to the study prior to making a final decision. B. The parties will jointly review this Agreement every two (2) years 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 ter- minate this Agreement. This Agreement commences on 198