Res 1806 - Urban Growth Agr.
COUNCIL BILL NO. 2588
RESOLUTION NO. 1806
A RESOLUTION COMPLETING A PORTION OF CITY OF WOODBURN PERIODIC
REVIEW WORK TASK 9 BY ENTERING INTO AN URBAN GROWTH BOUNDARY
COORDINATION AGREEMENT WITH MARION COUNTY.
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. Findings. The City of Woodburn makes the following legislative
findings:
A. The City of Woodburn (the "City") and Marion County (the
"County") previously entered an Urban Growth Bounty Agreement (the "UGB
Agreement") to coordinate establishment of the City's urban growth boundary.
B. The UGB Agreement contains coordination policies and procedures
applying to urban growth boundary amendments, City and County
comprehensive plan amendments within the urban growth area, and land use
decisions in the urban growth area surrounding the City.
C. The City's Periodic Work Program, Work Task 9, requires the City to
review and update, as necessary, the UGB Agreement with Marion County.
D. The City Council, by passing this resolution, is acting to complete a
portion of Work Task 9 under the Periodic Review Process.
E. The City and County have worked for several months to share
information and coordinate with each other so that the governing bodies of
both entities are prepared to enter into a new Urban Growth Boundary
Coordination Agreement.
Section 2. Adoption. Based upon the above legislative findings and in
order to complete a portion of Periodic Review Work Task 9, the City of
Woodburn enters into the Urban Growth Boundary Coordination Agreement
with Marion County, which is affixed hereto as Attachment "A" and by this
reference incorporated herein.
Page 1 - Council Bill No. 2588
Resolution No. 1806
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Section 3. Execution. That the Mayor is authorized to execute said
agreement on behalf of the City.
Approved as 10 form0t}r1- ~
City Attorney
Approve
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
f!J ~
Mary ~ant City Recorder
City of Woodburn, Oregon
Page 2 - Council Bill No. 2588
Resolution No. 1806
foeS"
Se tember 12,
September 13.
September 14,
September 14, 2005
ATTACHMENT A
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CITY OF WOODBURN/MARION COUNTY
URBAN GROWTH BOUNDARY COORDINATION AGREEMENT
This Agreement made and entered into this day of ,
, by and between the City of Woodburn, a municipal corporation, hereinafter
called "City" and Marion County, a political subdivision of the State of Oregon,
hereinafter called "County."
WITNESSETH:
WHEREAS, IT APPEARING to the City and County that ORS Chapter 197
and the Land Conservation and Development Commission (LCD C) Statewide Planning
Goal 14 (Urbanization) required that an urban growth boundary (UGB) be established
around each incorporated city in the State of Oregon, and that the "establishment and
change of the boundary shall be a cooperative process between a City and the County or
counties that surround it"; and
WHEREAS, pursuant to the above noted statutory duty and Goal 14, and the
authority granted by ORS Chapter 190 concerning intergovernmental agreements, City
and County have adopted an urban growth boundary, coordination policies and
procedures for amending the UGB and for revising the City and County comprehensive
plans within the UGB and outside the City limits, and a coordination process for county
land division and land use decisions within the urban growth area (UGA) surrounding the
City of Woodburn; and
WHEREAS, the intent of the urban growth program for the City is as follows:
1. Promote the orderly and efficient conversion of land from RuralJResource
uses to urban uses within the UGA.
2. Reduce potential conflicts with resource lands.
3. Promote the retention of lands in resource production in the urban growth
boundary until provided with urban services and developed.
4. Coordinate growth in accordance with the Woodburn Comprehensive Plan
and the Marion County Comprehensive Plan.
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ATTACHMENT f\
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NOW, THEREFORE, the City and County adopt the following coordination and
revision procedures and policies that, along with the policies of the Woodburn
Comprehensive Plan, shall serve as the basis for land use decisions within the UGA (i.e.,
the area between the city limits of Woodburn and the urban growth boundary (UGB)). It
is the intent of the parties that the boundary and coordination policies and procedures
expressed in this agreement shall be consistent with Oregon State Laws, the Marion
County Comprehensive Plan and the Woodburn Comprehensive Plan.
I. COORDINATION POLICIES AND PROCEDURES
1. The County shall retain responsibility for regulating land use on lands
within the UGA until such lands are annexed by the City. The City and
County identify the UGA as urbanizable and available over time for urban
development.
2. The City and County shall maintain a process providing for an exchange
of information and recommendations relating to land use proposals in the
UGA. The County shall forward land use activities being considered
within the UGA by the County to the City for comments and
recommendations. The City shall respond within twenty (20) days, unless
the City requests and the County grants an extension.
3. Upon receipt of an annexation request or the initiation of annexation
proceedings by the City, the City shall forward information regarding the
request (including any proposed zone change) to the County for comments
and recommendations. The County shall have twenty (20) days to respond
unless they request and the City allows additional time to submit
comments before the City makes a decision on the annexation proposal.
4. All land use actions within the UGA shall be consistent with the
Woodburn Comprehensive Plan and the County's land use regulations.
5. In order to promote consistency and coordination between the City and
County, both the City and County shall review and approve amendments
of the Woodburn Comprehensive Plan that apply to the UGA.
6. The area outside the UGB shall be maintained in rural and resource uses
consistent with Statewide Planning Goals.
7. The City and County shall promote logical and orderly development
within the UGA in a cost effective manner. The County shall not allow
uses requiring a public facility provided by the City within the UGA prior
to annexation to the City unless agreed to in writing by the City.
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8. City sewer and water facilities shall not be extended beyond the UGB,
except as may be agreed to in writing by the City and County, consistent
with Oregon Administrative Rules, the Woodburn Comprehensive Plan
and the Marion County Comprehensive Plan.
9. Conversion of land within the UGA to urban uses shall occur upon
annexation and be based on a consideration of applicable annexation
policies in the Woodburn Comprehensive Plan.
10. The City shall discourage the extension of public facilities into the UGA
without annexation. However, if the extension of public facilities into the
UGA is necessary because of an emergency, health hazard or the City
determines it is otherwise desirable, the facilities may be extended subject
to terms and conditions contained in a service contract between the City
and the property owner.
11. Pursuant to OAR 660-011-0045, the City is the designated provider of
public water, sanitary sewer and stormwater facilities within the UGB and
is responsible for preparing the public facilities plan within the UGB.
This designation does not obligate the City to provide services to any
properties that are not annexed.
II. AMENDMENTS TO THE URBAN GROWTH BOUNDARY (UGB) AND
THE URBAN GROWTH AREA (UGA)
The UGB and plan designations applicable to land within the UGA shall be
reviewed by the City and County as required by the Land Conservation and Development
Commission (LCDC) under their periodic review rules or as the City updates its
comprehensive plan where County concurrence is necessary. These, and any other
amendments to the Plan, UGB or zoning in the UGA shall be reviewed and approved in
the manner provided below.
1. City initiated Comprehensive Plan amendments for lands in the UGA and
proposed UGB amendments.
A. Upon receipt of notice of periodic review, the City shall review its
Comprehensive Plan to determine if it needs updating. The City
may also propose comprehensive plan amendments, including
UGB amendments, at times other than specified by the Land
Conservation and Development Commission (LCD C) Periodic
Review Order.
The City shall develop proposed amendments and forward them
together with all exhibits, findings of fact, and conclusions of law
regarding the amendments to the County for review and comments
at least 20 days before the City's initial evidentiary public hearing.
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ATTACHMENT 1\
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The City shall be responsible for providing necessary notice of
amendments to the Department of Land Conservation and
Development (DLCD).
The City shall hold one or more Planning Commission and one or
more City Council hearings. Upon conclusion of its deliberations,
if the City Council concludes it will approve the proposed
amendment(s), it shall adopt an ordinance with findings of fact and
conclusions of law supporting the Council's decision.
B. After adopting the ordinance, the City shall forward the proposed
amendments to the County for hearing along with any comments
from DLCD or other interested parties received by the City.
Within 90 days after the date the City provides its ordinance along
with all supporting studies, exhibits, comments and findings of fact
and conclusions of law to the County, the County shall hold a
public hearing on the City's proposal. If the County decides to
reject the proposal or wishes to propose modifications, either party
may request a joint meeting to resolve differences.
C. Upon concurrence by the County, the County shall adopt the
amendments by ordinance.
2. County initiated Comprehensive Plan Amendments within the UGA or
Amendments to the UGB.
A. Upon receipt of notice of periodic review, the County shall review
its Comprehensive Plan to determine if it needs updating. The
County may also propose amendments at times other than
specified in the Plan or by the Land Conservation and
Development Commission (LCDC) Periodic Review Order.
The County shall develop proposed amendments and forward them
together with all exhibits, findings of fact and conclusions of law
regarding the amendments to the City for review and comments at
least 20 days before the County's initial evidentiary public hearing.
Within 90 days after the County provides the proposed
amendments to the City, the City shall schedule at least one public
hearing by the City Planning Commission. The County shall be
responsible for providing necessary notice of amendments to the
Department of Land Conservation and Development (DLCD).
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B. The City Planning Commission shall hold one or more public
hearings. After the Planning Commission has concluded its
hearing(s), it shall make a recommendation to the City Council.
The City Council and the County Board of Commissioners shall
each hold a public hearing or may jointly conduct one or more
public hearings. The two governing bodies may deliberate
together on the proposed amendment(s). At the conclusion of
those deliberations, if the conclusion is to approve the proposed
amendment(s), the City Council and the Board of Commissioners
shall each adopt an ordinance to amend their respective
comprehensive plans accompanied by agreed upon findings of fact
and conclusions oflaw.
3. County Zoning Amendments in UGA. Whenever the County proposes an
amendment to its zoning map or regulations for lands within the UGA, the
County shall provide notice and request for comments on the proposed
amendment to the City at least 20 days before the County's initial
evidentiary public hearing.
4. In amending the UGB, the city limits or their respective comprehensive
plans, the City and County shall follow all procedures as required by
Oregon State Law. In the case of an amendment to the UGB, the
governing bodies shall base the amendment on consideration of Goal 14
(Urbanization), applicable planning statutes and Administrative Rules.
III. ADMINISTRATION OF ZONING AND SUBDIVISION REGULATIONS
In making land use decisions within the UGA, the City and County agree to the
following:
1. The County shall provide notice and request for comments on conditional
uses, variances, adjustments, land divisions, property line adjustments and
administrative reviews within the UGA to the City at least 20 days before
the County's initial evidentiary hearing or land use decision when no
hearing is held. The County shall provide the City a notice of decision for
all such applications in the UGA when requested by the City.
2. Applications for uses permitted outright in the applicable county zone
including ministerial actions will not involve any notice or request for
comments to the City.
3. The County shall, to the extent feasible, require City development
standards for development within the UGA, including dedication of
additional right-of-way or application of special street setbacks when
requested by the City. The County shall, to the extent feasible, require
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ATTACHMENT ~
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compliance with City development standards, in lieu of County standards
if the development is other than a single-family dwelling.
4. For development approved under (1) or (2), if public sewer and water
facilities or city limits are located within 300 feet of the subject property,
the County shall require that the development connect to the facilities
unless use of wells or other means are allowed in writing by the City. The
City will require any property connecting to City sanitary sewer or water
facilities to annex to the City. The City shall provide the County
information about the location of public sewer and water. The County
may approve development of permitted uses on properties more than 300
feet from the city limits, or from a public sewer or water facility using
wells and DEQ approved wastewater disposal systems.
5. If a proposed use is not specifically identified in the Marion County
Urban Zoning Ordinance (MCUZO), and the County is proposing an
interpretation classifying the use as permitted in the applicable zone under
the interpretation provisions of the MCUZO, the County shall give the
City an opportunity to comment before the County makes a final land use
decision.
IV. MARION COUNTY URBAN GROWTH MANAGEMENT FRAMEWORK
The Coordination Agreement between a city and the County is required to be
consistent with the Urban Growth Management Framework of the Marion County
Comprehensive Plan. The Framework provides guidelines a city may choose to follow
when coordinating urban growth boundary needs with the County. The decision on how
to use any applicable coordination guidelines of the Framework is up to a city and there
can be several approaches taken by cities to coordinate planning efforts with the County
consistent with the Framework.
To facilitate coordination between the City and County, the Woodburn
Comprehensive Plan has been amended to incorporate applicable policies and guidelines
found in the Marion County Urban Growth Management Plan. The City shall consider
applicable Woodburn Comprehensive Plan policies and guidelines when making land use
decisions within the UGA.
V. AREA OF MUTUAL CONCERN (AMC)
The area of land identified in Exhibit "A", attached to this agreement, lies outside
the Woodburn UGB and shall be known as the Area of Mutual Concern (AMC). Land
use decisions within this area may have a significant impact on future growth plans of the
City of Woodburn. The County recognizes this interest and agrees to coordinate with the
City as follows:
Page 6 - URBAN GROWTH BOUNDARY MANAGEMENT AGREEMENT
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ATTACHMENT A-
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1. The County shall retain responsibility for land use decisions and actions
concerning and affecting lands within the AMC.
2. The County shall provide notice and request for comments of pending
land use actions within the AMC to the City at least 20 days before the
initial evidentiary hearing or land use decision when no public hearing is
held. Where the first scheduled action on a proposal is a public hearing
and the City responds in writing within 10 days requesting additional time
in which to review the proposal, the City's time for submitting comments
may be extended until the next regularly scheduled hearing before that
body. If no additional hearing is involved, the City shall be allowed an
additional 10 days to submit comments.
3. The County shall discourage development that would preclude future
redevelopment and urbanization of the area. The County shall encourage
applicants for land divisions to submit plans for the efficient future re-
division of the land to urban densities.
4. The County shall send notice of land use decisions within the AMC to the
City when requested by the City, when such decisions are issued.
Applicable appeal periods set by County ordinance or State statute shall
apply to such decisions.
5. The County shall send notice of public hearings to the City within the
times prescribed by County ordinance or State law prior to hearings on
appeals of such decisions, when requested by the City.
6. The City may at its discretion develop studies as to the suitability,
feasibility, and effectiveness of extending urban facilities such as water
and sewer service to land within the AMC. Such studies shall not be
construed by Marion County or others as being a violation of the City's or
County's Comprehensive Plans. The City will not, however, extend such
facilities into this area without first obtaining appropriate amendments to
the City and County's Comprehensive Plans. This provision is intended to
recognize that certain facility planning requires consideration of timetables
that extend beyond the 20-year planning period recognized in the City
Plan and it is therefore appropriate for specialized facility planning to be
undertaken for the area.
VI. APPEALS
If no mutual agreement can be achieved in the course of reviewing amendments
or land use applications as noted in Sections II, III and V, each party retains its right to
appeal as provided in State law.
Page 7 - URBAN GROWTH BOUNDARY MANAGEMENT AGREEMENT
ATTACHMENT .A
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IT IS HEREBY UNDERSTOOD AND AGREED that this agreement shall
remain in effect unless terminated by one of the parties through the formal action of its
governing body by giving the other party a thirty day (30) termination notice, in writing.
It is further understood that this agreement may be reviewed by the City and County
every year.
The City shall pass a resolution authorizing the Mayor and City Recorder to enter
into this agreement on behalf of the City. The resolution shall be made a part of this
agreement and attached hereto.
IN WITNESS THEREOF, the respective parties hereto have caused this
Agreement to be signed in their behalf the day and year first above written.
MARION COUNTY BOARD OF COMMISSIONERS
Chair
Commissioner
Commissioner
APPROVED AS TO FORM:
Marion County Legal Counsel
CITY OF
Mayor
City Recorder
Page 8 - URBAN GROWTH BOUNDARY MANAGEMENT AGREEMENT
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