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WASHINGTON COUNTY - BEAVERTON URBAN PLANNING AREA AGREEMENT

THIS AGREEMENT is entered into this 26th day of October

19 88 by WASHINGTON COUNTY, a political subdivision of the State of Oregon, hereinafter referred to as the "COUNTY", and the CITY OF BEAVERTON, 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; and

3. 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.

Text Box: 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.

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. "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 "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 plan map amendments, conditional or special use permits, individual subdivi‑

sions, 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.

Text Box: C. Additional Coordination Requirements

1. The CITY and the COUNTY shall do the following to notify one another of proposed actions by the CITY and COUNTY Planning Commissions, Board of County Commissioners and City Council 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.

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.

Special Policies

A. The CITY recognizes and supports the COUNTY's Community Plans and land use designations and agrees to convert COUNTY land use designations to CITY land use designations upon annexation in accordance with Exhibit "B" of this Agreement. In addition, the COUNTY will advise the CITY of adopted policies which apply to the annexed areas and the CITY shall determine whether CITY adoption is appropriate and act accordingly.

B. 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 II of this Agreement.

C. 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 zoning code shall be mailed to the CITY within five (5) days after its introduction.

D. 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.

E. The CITY is responsible for conducting an urban services study within its urban planning area shown on Exhibit "A". This study will identify the area for long-range provision of urban level services and annexation to the CITY. Services to be studied shall include, but not limited to: water, sanitary sewer, storm sewer and transportation facilities; police and fire protection; land use planning and development services. The COUNTY will participate in this process as outlined in a Memorandum of Understanding and will forward the future proposed urban services boundary and policies to the County Planning Commission and Board of Commissioners for consideration as a possible amendment to the COUNTY Comprehensive Plan.

F. The CITY is responsible for the preparation, adoption and amendment of the public facility plan required by OAR 660-11 within the City limits of Beaverton as of January 1, 1986. The COUNTY is responsible for the preparation, adoption and amendment of the public facility plan required by OAR 660-11 within the unincorporated area of the Urban Planning Area shown on Exhibit "A". The method of coordination and involvement of each jurisdiction in the other's planning process shall be specified in Memorandums of Understanding.

As the CITY annexes territory during the time the COUNTY prepares its public facility plan, this territory shall be withdrawn from the COUNTY's direct responsibility for planning and be given to the CITY unless both jurisdictions agree that it is in everyone's interest to continue with COUNTY responsibility.

G. The CITY and COUNTY shall adopt policy statements in the public facilities plans and/or amend this agreement to identify present and future service providers.

H. 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:

1. 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:

a. Designation: Collector

b. Number of Travel Lanes: 2 (plus turn lanes at major intersections)

c. Bike Lanes: Yes

d. Right-of-Way: 60 feet (plus slope easements where necessary)

e. Pavement Width: 40 foot minimum

f. Access: Limited

g. Design Speed: 35 M.P.H.

h. Minimum Turning Radius: 350 to 500 feet

i. Parking Facilities: None provided on street

j. 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.

k. 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.

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2. 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.

3. 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).

4. 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.

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.

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.

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. In addition, the CITY or the COUNTY shall send a copy of the Request for Amendment to affected Community Planning Organizations (CPO).

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.

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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 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 The CITY and the COUNTY shall agree to initiate a joint study. Such a study shall commence within 30 days of the date it is determined that a proposed amendment creates a disagreement, 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. 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 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 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 9, 1986.

Office Commercial Neighborhood Commercial Community Business District

₇General Commercial Industrial

Institutional

Office Commercial Neighborhood Commercial

Community Service

Town Center (for property west of Hwy. 217 and south of Center only)

General Commercial

Industrial Park Campus Industrial Light Industrial

Shown on Plan

G.C.

I.P.

C.I. *** L.I.

Zoned to the most restrictive abutting zone.

Significant Natural Resource Significant Natural Not designated

Resource on zoning map

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.

* * 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.