Linn County UGB Agreement
AGREEMENT BETWEEN THE CITY OF SODAVILLE OREGON AND LINN COUNTY OREGON FOR THE MANAGEMENT OF THE SODAVILLE COMPREHENSIVE PLAN AS IT PERTAINS TO THE URBAN GROWTH BOUNDARY AND THE URBANIZABLE AREA.
The City of Sodaville, Oregon and Linn County, Oregon hereby agree to establish a joint management procedure for the implementation of the Sodaville Urban Growth Boundary and Plan for the Sodaville Comprehensive Plan. The Sodaville Area Urban Growth Boundary and Comment Boundary are attached to this agreement as Exhibit "A". The area situated inside Sodaville Urban Growth Boundary and outside the Sodaville City Limits shall be referred to as the urbanizable area.
The City and County further agree to utilize the provisions of this agreement, the Sodaville Comprehensive Land Use Plan as amended and the Linn County Comprehensive Land Use Plan as amended as the basis for review and action on Comprehensive Plan amendments, development proposals and implementing regulations which pertain to the urbanizable area.
The City and County recognize a common interest in the amendment of the comprehensive plan text and map, and the zoning ordinance text and map as it pertains to the urbaniziable area. The County will refer to the City, upon receipt thereof all requests for such amendment in order to allow for a concurrent City review. The County shall give the City a minimum of thirty(30) days to complete its' review. Additional time for review may be provided upon request by the CIty. If the positions of the two jurisdictions differ, a join meeting of the Sodaville City Council and Linn County Commissioners will be held to resolve the difference. If concurrence cannot be achieved, then the City and County shall jointly petition the Land Conservation and Development Commission pursuant to ORS 197.300 for mediation of the issue.
The City and County further agree to the following process for review and action on development proposals, and implementing programs which pertain to the urbanizable area and comment boundary area:
a. The city shall make recommendations on development proposals and implementing programs and projects which pertain to the urbanizable area and comment boundary area, including the following>
1) Conditional Use Permits
2) Planned Unit Developments
3) Land divisions
4) Public improvement projects
5) Recommendations for the designation of health hazard areas
6) Requests for amendment or establishment of special districts
b. The County shall make recommendations on development proposals and implementing programs which pertain to the urbaniziable area, but which are a responsibility of the City, including the following:
1) Transportation facility improvements or extensions
2) Public water supply, sanitary sewer or drainage system improvements or extensions
3) Public utility or facility improvements or extensions
4) Requests for annexation
c. Whichever jurisdiction, City or County, has authority for making a decision with regard to a specific development proposal, implementing ordinance or program, shall formally request the other jurisdiction to review and recommend action for consistency with its comprehensive plan. This request for review and recommendation shall allow the reviewing jurisdiction 30 days within which to respond. If the positions of the two jurisdictions differ, ever effort will be made to arrive at an agreement.
Annexation proposals to the City which are for areas outside the Urban Growth Boundary shall be considered as a request for an amendment to the Urban Growth Boundary and shall be subject to the approval of the City and the County as an amendment to the comprehensive plan.
This agreement may be amended at any time by mutual consent of both parties, after public hearing and referral to the Sodaville CIty Council and Linn County Planning Commission for a recommendation. Any modifications in this agreement shall be consistent with the comprehensive plans of the City of Sodaville and Linn County.
This agreement may be terminated by either party provided that the following procedure is used:
a. A public hearing shall be called by the party considering termination. That party shall give the other party notice of hearing at least 40 days prior to the scheduled hearing date. This 40 day period shall be used by both parties to seek resolution of any differences.
b. Public notice of the hearing shall be in accordance with applicable state and local statutes and goals.
c. An established date for termination of the agreement shall be at least 180 days after the public hearing in order to provide ample time for resolution of differences, reconsideration of the decision and the adoption of a replacement Urban Growth Management Agreement which complies with statewide goals, statutes and administrative rules.