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CITY OF WOODBURN/MARION COUNTY URBAN GROWTH COORDIN"t\ TION AGREEMENT This Agreement made and entered into this l?:J day of\) A':£.}v\\Oe.Ar by and between the City ofWoodburn, a municipal corporation, hereinafter called "City" and Marion County, a political subdivision of the State of Oregon, hereinafter called "County.n WITNESSETH: WHEREAS, IT APPEARING to the City and County that ORS Chapter 197, the Land Conservation and Development Commission (''LCDC")1 and Statewide Planning Goal 14: Urbanization require that an Urban Growth Boundary 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 \VHEREAS, on May 21, 2015, LCDC remanded Work Task 2 of the Woodburn Periodic Revie\v and Urban Growth Boundary amendment to the City; and WHEREAS, in order to respond to LCDC's remand order it is necessary for the City to make, and the County to approve, a new land use decision on the existing record (''the Decision on Remand"); and WHEREAS, in response to LCDC's remand, Goal 14, and the authority granted by ORS Chapter 190 concerning intergovernmental agreements, City and County have adopted an Urban Growth Boundary in Response to Remand, which is appended as Attachment 1, together with policies and procedures for amending the Urban Growth Boundary, revising City and County comprehensive plans within the Urban Growth Boundary and outside the city limits, and a coordination process for county land division and land use decisions within the Urban Growth Area the area between the city limits and the Urban Growth Botmdary); and \VHEREAS~ both the City and County believe that this Agreement must be amended so that the Decision on Remand can be addressed; and Page CITY OF WOODBURN/l'v1ARION COUNTY URBAN GROWTH COORDINATION AGREEMENT ---PAGE BREAK--- WHEREAS, the City and County may designate an Urban Reserve Area pursuant to Oregon Administrative Rule 660-021 where there is a demonstrated long-term need for land for a city's future Urban Growth Boundary expansion and a consideration of the cost-effective provision of public facilities and services to lands to be included in a Urban Growth Boundary; and WHEREAS, Marion County has areas of significant and high-value fannland that should be preserved by preventing future expansion of the City onto those lands for a certain number of years; 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 Rural/Resource uses to urban uses within the Urban Growth Area. 2. Reduce potential conflicts with resource lands, establishing an Urban Reserve Area and expansion limitations where necessary. 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. 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 Urban Growth Area and within the Urban Reserve Area. 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 JVIarion County Comprehensive Plan and the Woodbun1 Comprehensive Plan. Page 2- CITY OF WOODBURN/MARION COUNTY URBAN GROWTH COORDINATION AGREEMENT ---PAGE BREAK--- I. COORDINATION POLICIES AND PROCEDURES 1. The County shall retain responsibility for regulating land use on lands within the Urban Growth Area until such lands are annexed by the City. The City and County identify the Urban Growth Area 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 Urban Growth Area. The County shall forward land use activities being considered within the Urban Growth Area 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 infonuation 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 Urban Growth Area 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 Woodbun1 Comprehensive Plan that apply to the Urban Growth Area. Such changes shall be considered first by the City and referred to the County prior to final adoption. If the County approves a proposed amendment to the W oodbum Comprehensive Plan, the change shall be adopted by ordinance and made a part of the County's Plan. 6. The area outside the Urban Growth Boundary shall be maintained in rural and resource uses consistent with Statewide Planning Goals. The area outside the Urban Growth Page 3- CITY OF WOODBURN/MARION COUNTY URBAN GROWTH COORDINATION AGREEMENT ---PAGE BREAK--- Boundary designated the Urban Reserve Area shall subject to the requirements in Section V below. 7. The City and County shall promote logical and orderly development within the Urban Growth Area in a cost effective manner. The County shall not allow uses requiring a public facility provided by the City within the Urban Growth Area prior to annexation to the City unless agreed to in writing by the City. 8. City sewer and water facilities shall not be extended beyond the Urban Growth Boundary, except as may be agreed to in writing by the City and County, consistent with Oregon Administrative Rules, the W oodbum Comprehensive Plan and the Marion County Comprehensive Plan. 9. Conversion of land within the Urban Growth Area to urban uses shall occur upon annexation and be based on consideration of applicable annexation policies in the Woodburn Comprehensive Plan. 10. The City shall discourage the extension of public facilities into the Urban Growth Area without annexation. However, if the extension of public facilities into the Urban Growth Area 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. The City shall be the provider of public water, sanitary sewer and stonnwater facilities within the Urban Growth Boundary unless otherwise agreed to by the City, the County, and any other applicable party. The City shall be responsible for preparing the public facilities plan for all lands within the Urban Growth Boundary. Page 4- CITY OF WOODBURN/MARl ON COUNTY URBAN GROWTH COORDINATION AGREEMENT ---PAGE BREAK--- II. AMENDMENTS TO THE URBAN GROWTH BOUNDARY AND THE URBAN GROWTH AREA The Urban Growth Boundary and all Comprehensive Plan designations applicable to land within the Urban Growth Area shall be reviewed by the City and County as required by LCDC under its Periodic Review rules or as the City updates its Comprehensive Plan where County concurrence is necessary. These, and any other amendments to the Urban Growth Boundary, Comprehensive Plan or zoning in the Urban Growth Area shall be reviewed and approved in the manner provided below. 1. City initiated Comprehensive Plan Amendments for land within the city limits: Whenever the City proposes an amendment to its Comprehensive Plan for land within the city limits, the City shall provide notice and request for comments on the proposed amendment to the County at least 20 days before the City's initial evidentiary public hearing. 2. City initiated Comprehensive Plan amendments within the Urban Growth Area and proposed Urban Growth Boundary and Urban Reserve Area amendments: A. Upon receipt of notice of Periodic Review, the City shall review its Comprehensive Plan to determine if it needs to be updated. The City may also propose Comprehensive Plan amendments, including Urban Growth Boundary and Urban Reserve Area amendments, at times other than those specified by LCDC's Periodic Review Order. The City shall forward proposed amendments 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. The City shall be responsible for providing necessary notice of amendments to the Department of Land Conservation and Development ("DLCD 11). Page 5- CITY OF WOODBURN/MARION COUNTY URBAN GROWTH COORDINATION AGREEMENT ---PAGE BREAK--- The City and County shall jointly submit one notice of a proposed Urban Growth Boundary or Urban Reserve Area amendment to DLCD, as required by administrative rule, at least 35 days before the City's first evidentiary hearing. 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 a proposed amendment, it shall adopt a resolution stating its intent and adopt findings of fact and conclusions of law supporting the Council's decision. B. After adopting a resolution of intent to amend its comprehensive plan the City shall forward the proposed amendment 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 resolution of intent along with all supp01i,ing studies, exhibits, comments and fmdings 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, both the City and County shall formally amend their respective Comprehensive Plans to reflect the agreed upon change. The County shall forward its signed ordinance approving an Urban Growth Boundary or Urban Reserve Area amendment to the City, and the City shall submit a joint notice of adoption to DLCD as required by administrative rule. 3. County initiated Comprehensive Plan Amendments within the Urban Growth Area or Urban Growth Boundary Amendments: A. Upon receipt of notice of Periodic Review, the County shall review its Comprehensive Plan to determine if it needs to be updated. The County may Page 6- CITY OF WOODBURN/MARJON COUNTY URBAN GROWTH COORDINATION AGREEMENT ---PAGE BREAK--- also propose amendments at times other than those specified by LCDC's 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 DLCD. 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 of law. 4. County Zoning Amendments in Urban Growth Area: Whenever the County proposes an amendment to its zoning map or regulations for lands within the Urban Growth Area, 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. 5. City Zoning Amendments in city limits: Whenever the City proposes an amendment to its zoning map or regulations for lands within the city limits, the City shall provide notice and request for comments on the proposed amendment to the County at least 20 days before the City's initial evidentiary public hearing. Page 7- CITY OF WOODBURN/MARION COUNTY URBAN GROWTH COORDINATION AGREEMENT ---PAGE BREAK--- 6. In amending the Urban Growth Boundary, 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 Urban Growth Boundary, the governing bodies shall base the amendment on consideration of Goal 14 (Urbanization), applicable planning statutes and Administrative Rules. III. ADI\1INISTRATION OF ZONING AND SUBDIVISION REGULATIONS In making land use decisions within the Urban Growth Area, 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 Urban Growth Area 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 Urban Growth Area 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 corrunents to the City. 3. The County may require City development standards for development within the Urban Growth Area, including dedication of additional right-of-way or application of special street setbacks when requested by the City. The County may require 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 or 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 Page 8- CITY OF WOODBURN/MARION COUNTY URBAN GROWfH COORDINATION AGREEMENT ---PAGE BREAK--- 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 Zone Code, and the County is proposing an interpretation classifying the use as permitted in the applicable zone under the interpretation provisions of the Zone Code, 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 This Agreement is required to be consistent with the Urban Growth Management Framework of the Marion County Comprehensive Plan. The Framework is a coordination planning strategy that 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 W oodbum 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 Urban Growth Area. V. EXPANSION LIMITS AND URBAN RESERVE AREA 1. For 20 years from the date the Decision on Remand is final and acknowledged by LCDC, neither the City nor County will seek, consider, or approve an expansion of the Woodburn Urban Growth Boundary in the following areas: • West of the portion of Butteville Road NE, as depicted on Attachment 2. Page 9- CITY OF WOODBURN/MARION COUNTY URBAN GROWTH COORDINATION AGREEMENT ---PAGE BREAK--- • Northeast of Highway 99E located at the northeast edge of the existing Urban Growth Boundary, as depicted on Attachment 2. 2. Woodburn intends the Urban Growth Boundary expansion area known as the Southwest Industrial Reserve comprising approximately 190 acres, located, east of Butteville Road and north of Parr Road to be used for larger industrial users. Specific lot size standards shall be established limiting the size and number of future lots for these properties. 3. Woodburn recognizes that residential uses present the most adverse conflicts with both agricultural practices and with many industrial uses, especially those that use trucks as part of their regular business practice. W oodbum and Marion County recognize that the land to the west of Butteville Road NE is a critical part of the irreplaceable land base of the region's agricultural industry. Therefore, to minimize conflicts between urban and agricultural uses and to minimize conflicts between the industrial uses in Southwest Industrial Reserve and other urban uses, the City and County will: • Ensure that the design of and any improvements to the portion of Butteville Road NE serving the Southwest Industrial Reserve not encourage any urban traffic unrelated to the industrial use in the immediate area and unrelated to agricultural uses west of Butteville Road. As industrial development is planned for in the Southwest Industrial Reserve consideration shall be given to methods to mitigate impacts from development and adjacent agricultural activities this can include buffers or increased setbacks along Butteville Road, provide that any buffers needed to reduce conflicts between the industrial uses and agricultural activity west of Butteville Road NE are located inside the Urban Growth Boundary. 4. As part of the Decision on Remand the Urban Reserve Area depicted on Attachment 3 is created: Page 10- CITY OF WOODBURN/MARION COUNTY URBAN GROWTH COORDINATION AGREEMENT ---PAGE BREAK--- . A. The County shall apply a rural resource zone that establishes a minimum parcel size of at least 80 acres, notwithstanding provisions for the division of land into smaller parcels for certain non-resource uses as allowed by the zoning. B. Dwellings on any new parcels created shall be clustered to the maximum extent possible, taking into account parcel dimensions, natural hazards, proximity to roadways, natural features, future platting potential, nearby dwellings and other similar features. C. The County shall continue to be responsible for building code administration and land use regulation until such time as the property is annexed into the City. D. No sewer or water service will be provided while the property remains outside the Urban Growth Boundary. Fire protection will continue to be provided by the Woodburn Fire District. While remaining outside the Urban Growth Boundary, parks and transportation facilities will be provided by the County. While remaining outside the Urban Growth Boundary, stormwater requirements will continue to be applied by the County. VI. AREA OF MUTUAL CONCERN The area of land identified in Attachment 4, attached to this Agreement, lies outside the Woodburn Urban Growth Boundary and shall be known as the Area of Mutual Concern. 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: 1. The Cotmty shall retain responsibility for land use decisions and actions concerning and affecting lands within the Area of Mutual Concern. 2. The County shall provide notice and request for comments of pending land use actions within the Area of Mutual Concern 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 Page 11- CITY OF WOODBURN/MARTON COUNTY URBAN GROWTH COORDINATION AGREEMENT ---PAGE BREAK--- 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 Area of Mutual Concern 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 Area of Mutual Concern. Such studies shall not be construed by the 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 and it is therefore appropriate for specialized facility planning to be undertaken for the Area of Mutual Concern. Page 12- CITY OF WOODB~~/MARION COUNTY URBAN GROWTH COORDINATION AGREEMENT ---PAGE BREAK--- VII. 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. IT IS HEREBY UNDERSTOOD AND AGREED that this Agreement shall remain in effect unless terminated by one of the parties 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 and County shall authorize the execution of this Agreement. IN \VITNESS 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 Commissioner Commissioner A:PPROVED AS TO FORlVI: Page 13 - CITY OF WOODBURN/MARION COUNTY URBAN GROWTH COORD TN A TION AGREEMENT ---PAGE BREAK--- Marion County Legal Counsel City Recorder APPROVED AS TO FORlVI: Woodburn City Attorney Page 14 ····CITY OF WOODBURN/MARION COUNTY URBAN GROWTH COORDINATION AGREEMENT ---PAGE BREAK--- -"'"City Limits Current Urban Growth Boundary Streams CJ Proposed Urban Growth Boundary Railroad Assessors Tax Lots o e 1,000 Feet Commercial- UGB Expansion Industrial- UGB Expansion Residential- UGB Expansion Urban Reserve 47 ---PAGE BREAK--- City of Woodburn City Limits Current Urban Growth Boundary Streams C Proposed Urban Growth Boundary Railroad Assessors Tax Lots 0 500 I I I Urban Reserve 1,000 Feet I I Commercial- UGB Expansion Industrial- UGB Expansion Residential- UGB Expansion Urban Reserve ---PAGE BREAK--- I Attachment 3 j ,I f, ~ PARR RD CR517 I I ' ~ ~ 0 Pl 0 f5 z PARR RD Pl ~ ~ !i t l I.LI ~ ~ 0 u ~ [i.o· I i PROPOSED URBAN GROWTH BOUNDARY City of Woodburn wfi~: Current Urban Growth Boundary ~Proposed Urban Growth Boundary - Assessors Tax Lots - 0 Q 500 Feet Urban Reserve I ~,"d•mec b• DocumentPath 3 mxd Publ!cWorbDepartment Eng!neenngD!V!S!on/GISDepartment Urban Reserve 49 ---PAGE BREAK--- URBAN RESERVE Urban Reserve UGB EXPANSION ~ Commercial : Industrial ~ Residential / Area of Mutual Concern UGB Proposed UGB City Limits ~Railroad Attachment 4 50 r w z ol 0:::1 _jl I~ Ul zl 01 -1 1 \ I I I_ ( I I \ I _L 0 2 Miles