Contents

• Interlocal Agreement Between Island County and the City of Oak Harbor, Washingon
• Exhibits

Not an official copy.

Interlocal Agreement Between Island County and the City of Oak Harbor, Washingon

This Agreement is hereby entered into by Island County, a political subdivision of the State of Washington, and the City of Oak Harbor, a municipal corporation of the State of Washington.

WHEREAS, RCW 36.70A.210, the Washington State Growth Management Act of 1990, as amended requires each County planning under the Act to adopt a county-wide planning policy (CWPP) in cooperation with cities located in whole or in part within the county, and

WHEREAS, RCW 36.70A.210, the Washington State Growth Management Act of 1990, as amended requires the CWPP shall at a minimum address policies to implement RCW 36.70A.110; and

WHEREAS, RCW 36.70A.110, the Washington State Growth Management Act of 1990, as amended requires each County planning under the Act to designate the location of an urban growth area or areas (UGA); and

WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes the County and the City of Oak Harbor to enter into agreements that allow governmental entities to make the most efficient use of their powers to allow the implementation of the requirements of the Growth Management Act; and

WHEREAS, Island County has adopted and the City of Oak Harbor has ratified CWPP's attached hereto as Exhibit A; and

WHEREAS, Island County and the City of Oak Harbor have adopted an Urban Growth Area (UGA) and a Joint Planning Area (JPA) attached hereto as Exhibit B, within which planning will be coordinated; and

WHEREAS, Island County and the City of Oak Harbor, pursuant to adopted County Wide Planning Policies, have agreed to revise the UGA Area boundary to accommodate projected growth to the year 2020; and

WHEREAS, the UGA for the City of Oak Harbor contains land area now located in the unincorporated portion of Island County for which the City has established land use and zoning classifications; and

WHEREAS, for unincorporated land area within the UGA, the County has portrayed the City Zoning as a potential zone in the County's Zoning Atlas; and

WHEREAS, Island County and the City of Oak Harbor now desire to jointly establish and implement policies and procedures governing the annexation by the City of properties within the unincorporated area of the UGA; and

WHEREAS, the County and the City acknowledge that to implement this Agreement the respective codes of each jurisdiction will need to be modified; and

WHEREAS, the County and the City have been working with a citizen committee for the past year to establish standards for the Enterprise Zone; and

WHEREAS, the purpose of the Enterprise Zone was to establish blended development standards governing its growth to prevent basic inconsistencies between the County and City standards for the land within the Zone; and

WHEREAS, the County and the City will implement blended Development Standards agreed to herein within the "Enterprise Zone"; and

WHEREAS, Island County and the City of Oak Harbor now desire to jointly establish and implement development regulations and procedures governing the review and approval of subdivision, short subdivision and conditional land use permits within the unincorporated portion of the UGA consistent with this Interlocal Agreement; and

WHEREAS, Island County and the City of Oak Harbor now desire to jointly establish and implement policies and procedures governing the provision of public facilities and utilities within the unincorporated portions of the UGA; and

WHEREAS, Island County and the City of Oak Harbor now desire to jointly establish policies governing planning and the review and approval of subdivision, short subdivision and conditional use permits within the JPA to not preclude the expansion of Oak Harbor's UGA.

NOW THEREFORE, Island County, hereinafter called "County" and the City of Oak Harbor, hereinafter called "City" hereby agree as follows:

I. PURPOSE

• A. This Agreement between Island County and the City of Oak Harbor is intended to promote and provide guidance for the orderly growth and management of the physical development of the City of Oak Harbor Urban Growth Area and the surrounding Joint Planning Area. For purposes of this Agreement, development includes the subdivision and short subdivision of land and conditional uses that require site plan approval by the County.
• B. The City of Oak Harbor has adopted, and the County has approved, a final Urban Growth Area designed to accommodate population growth to the year 2013 (Exhibit B). Through County Wide Planning Policies (CWPP), population projections have been adopted for the City of Oak Harbor for the year 2020 (Exhibit A). The City and the County jointly agree to plan on a collaborative basis to accommodate the Oak Harbor-oriented urban population growth that will occur in the immediate environs outside the Oak Harbor UGA between the year 2013 and the year 2020 by revising the UGA boundary.
• C. The County acknowledges, and the City concurs, that the unincorporated area of the UGA will be annexed by the City in a timely and orderly fashion. The County and City recognize that all of the unincorporated portion of the Oak Harbor UGA will eventually annex to the City per County Wide Planning Policies, subject to the City's ability to provide governmental services. The County acknowledges, and the City concurs, that the zoning governing new urban land development in the unincorporated area of the UGA and contained in Exhibit D has been formulated to produce development consistent with a municipal development pattern and to promote the economic provision of urban governmental services by the City.
• D. The City, as the provider of urban governmental services, acknowledges that planning for and the timely provision/extension of urban governmental services is a paramount prerequisite to facilitating the urban development of the UGA.
• E. The County further acknowledges, and the City concurs, that subdivision or short subdivision of the property within or immediately bordering the UGA must not create new unincorporated enclaves of urban density development or permit permanent large lot development that will prevent urban development or future expansion of the UGA. Standards contained herein are designed to foster future development of such areas at urban densities and with urban uses.
• F. The County and City will implement Blended Development Standards for road construction, landscaping, AICUZ Standards, and landscaping within the Enterprise Zone. These standards have been developed to provide consistency between County and City Standards and to prevent the need for retrofits and redesign upon annexation of Enterprise Zoned lands.
• G. The City and the County further acknowledge that the Growth Management Act requires that future urban growth must first be located within existing UGAs. The City and County hereby agree to enact and maintain development regulations that will encourage and require new development of urban uses and densities within the UGA in accordance with population projections and allocations as set forth in the CWPPs adopted jointly by the City and the County.
• H. This Agreement between the County and the City of Oak Harbor is intended to coordinate planning and certain land use decisions within the JPA so that land use decisions of the County do not preclude the expansion of the UGA.
• I. This Agreement provides for City review and participation in certain County land use decisions. The City acknowledges that this review will be accomplished within the time frames provided in County regulations and without any additional review fees imposed on the property owner.

II. UGA DEVELOPMENT STANDARDS AND PROCEDURES FOR PROPERTY CONTIGUOUS TO CITY BOUNDARIES

• A. The City commits to annex property within 180 days of the submittal of a completed annexation request.
• B. Property contiguous to City's municipal boundaries and upon which a building permit or development is proposed shall be required to annex to the City prior to or in conjunction with development approval by the City and shall comply with City zoning and development standards. Building Permits for such things as accessory structures, remodels of existing structures and additions which involve less than 60% of the assessed value of the structure shall be exempt from the requirement to annex.
• C. The County and City have mutually agreed on development standards governing the development of the North Whidbey Enterprise Area. The County and City have agreed to implement the standards found in III.A.-E. of this Agreement for all lands in the Enterprise Area. The North Whidbey Enterprise Area is defined pursuant to Exhibit C.
• D. In the event that the City does not annex the property within 180 days of the submittal of a request to annex, the County zoning regulations and development standards shall apply. (Exhibit D).

III. UGA DEVELOPMENT STANDARDS AND PROCEDURES FOR PROPERTY WITHIN THE UGA BUT NOT CONTIGUOUS TO CITY BOUNDARIES AND INSIDE THE NORTH WHIDBEY ENTERPRISE AREA

• A. Non-residential development, short subdivisions and subdivisions shall be required to save significant trees pursuant to Exhibit E.
• B. New residential and non-residential uses within the unincorporated portion of the UGA shall be required to conform to City AICUZ noise standards pursuant to Exhibit I.
• C. Fire Prevention Standards for the North Whidbey Enterprise area shall be applied pursuant to Exhibit F.
• D. Street standards for the North Whidbey Enterprise Area shall be applied pursuant to Exhibit G.
• E. Landscaping shall be performed pursuant to Exhibit E.
• F. The County and the City are "co-lead" agencies, pursuant to Chapter 197-11 WAC, with the County named "nominal lead" and responsible for complying with the procedural requirements of SEPA.
• G.Pursuant to Chapters 17.03 and 16.19 ICC the County requires Pre-Application Conferences for certain development proposals. All required Pre-Application Conference applications for development within the North Whidbey Enterprise Area but not contiguous to city boundaries shall be forwarded to the City and City Staff will be welcome to attend all such conferences. Any written comments provided by the City received at or prior to the conference will be forwarded to the applicant.
• H. All complete Type II and III applications for such development shall be forwarded to the City as provided in ICC 16.19.120 for review and comment during the public comment period provided for in Chapter 16.19 ICC.
• I. Exhibit D contains five zoning classifications for the Oak Harbor UGA. The County has adopted these Zoning classifications in anticipation of the implementation of this Agreement. The permitted, conditional and prohibited uses reflect the uses specified by Oak Harbor in the City's comparable zones. It is the intent of the County and City that allowed uses in the unincorporated portion of the UGA should be similar to those allowed in the City for similar zoning classifications. Therefore, should the City modify the uses it allows, the County will consider amendments to ensure consistency pursuant to Chapter 16.26 ICC.
• J. Nothing shall be construed in this Agreement to prohibit the City from providing new water service or sewer service to properties outside the City limits.

IV. UGA DEVELOPMENT STANDARDS AND PROCEDURES FOR PROPERTY WITHIN THE UGA BUT NOT CONTIGUOUS TO THE CITY BOUNDARIES AND OUTSIDE THE NORTH WHIDBEY ENTERPRISE AREA

• A. The County and the City are "co-lead" agencies, pursuant to Chapter 197-11 WAC, with the County named "nominal lead" and responsible for complying with the procedural requirements of SEPA.
• B. Pursuant to Chapters 17.03 and 16.19 ICC the County requires Pre-Application Conferences for certain development proposals. All required Pre-Application Conference applications for development within the UGA but not contiguous to city boundaries shall be forwarded to the City and City Staff will be welcome to attend all such conferences. Any written comments provided by the City received at or prior to the conference will be forwarded to the applicant.
• C. All complete Type II and III applications for such development shall be forwarded to the City as provided in ICC 16.19.120 for review and comment during the public comment period provided for in Chapter 16.19 ICC. Included with the application shall be a site plan that demonstrates the proposed subdivision, short subdivision or conditional use will not preclude urban densities from being achieved.
• D. A property owner may elect to comply with City land use and development standards prior to annexation. If a property owner elects to comply with City standards the City shall issue a certificate of conformance that will provide:
  • 1.Annexation of the development within one-hundred twenty (120) days of the submittal of an annexation request; and
  • 2.At the time of annexation the development will not be required to comply with any changes in City standards adopted after issuance of the certificate of conformance.
• E. Exhibit D contains five zoning classifications for the Oak Harbor UGA. The County has adopted these Zoning classifications in anticipation of the implementation of this Agreement. The permitted, conditional and prohibited uses reflect the uses specified by Oak Harbor in the City's comparable zones. It is the intent of the County and City that allowed uses in the unincorporated portion of the UGA should be similar to those allowed in the City for similar zoning classifications. Therefore, should the City modify the uses it allows, the County will consider amendments to ensure consistency pursuant to Chapter 16.26 ICC.
• F. Nothing shall be construed in this Agreement to prohibit the City from providing new water service or sewer service to properties outside the City limits.

V. JPA DEVELOPMENT STANDARDS AND PROCEDURES

• A. Pursuant to Chapters 17.03 and 16.19 ICC the County requires Pre-Application Conferences for certain development. All Pre-Application Conference applications for development within the JPA shall be forwarded to the City and City Staff will be welcome to attend all such conferences. Any written comments provided by the City received at or prior to the conference will be forwarded to the potential applicant.
• B. All complete Type III applications for development within the JPA shall be forwarded to the City as provided in ICC 16.19.120 for review and comment during the public comment period provided for in Chapter 16.19 ICC.
• C. The City may request an Annexation Development Agreement during the public comment period for any Type III Applications. If the County receives the request in writing during the comment period the County will require it as a condition of approval provided the Annexation Development Agreement shall become effective only if it is executed by all other parties within thirty (30) days of development approval.
• D. New residential and non-residential uses shall be required to conform to City AICUZ noise standards.

  VI. POLICIES AND PROCEDURES FOR PROVISION OF PUBLIC FACILITIES AND UTILITIES WITHIN THE UNINCORPORATED AREA OF THE UGA

  The City and County recognize mutual responsibility for capital facility planning in the unincorporated urban growth area. As part of urban growth area planning, the City and County agree to prepare coordinated capital facilities plans for the unincorporated Urban Growth Area, including any revision thereof, within 180 days of the date of execution of this Agreement. These plans will identify the capital facilities needed to serve the area's current and anticipated population, consistent with level of service standards adopted by the City and the County. The City is solely responsible for the planning and provision of water and sanitary sewer planning. The City and the County shall be jointly responsible for the coordination of transportation and stormwater facilities in the UGA.

  VII. REVISION OF COUNTY AND CITY REGULATIONS

  This Agreement requires the County to modify its zoning code to include revised landscape standards (Exhibit E), and adopt City AICUZ standards (Exhibit I). This Agreement requires the County and City to modify its code as it applies to the Enterprise Zone to become consistent with blended Fire Prevention Standards (Exhibit F); blended Street Standards (Exhibit G); and blended Landscape Standards (Exhibit E). The County and City will complete the adoption of these amendments as well as any needed revisions to land use procedures within one-hundred twenty (120) days of the execution of this Agreement.

  VIII. POLICIES AND PROCEDURES FOR OPENSPACE CORRIDORS

  • A. The County and City have designated two openspace corridors within the Oak Harbor UGA and JPA; Swantown/Waterloo Marsh and the Oak Harbor Fen. These two areas are intended to satisfy the requirements of RCW 36.70A.160. Both the County and City hereby commit to develop actions to implement these designations as set forth in this section. Both corridors are illustrated in Exhibit H.
  • B. Swantown/Waterloo Marsh. By January 2003, after consultation with the affected property owners, the County and City will develop for adoption an action plan that includes the following:
    • 1. A delineation of the outer boundaries of the corridor;
    • 2. A summary description of the special features and attributes that contribute to the openspace corridor; and
    • 3. A plan for the management of land use.
  • C. Oak Harbor Fen. By January 2003, the City will review both City and County land use regulations and prepare for review by the City and County amendments that may be needed to ensure consistency of applicable County and City regulations.

  IX. RELATIONSHIP TO EXISTING LAWS AND STATUTES

  Unless expressly provided otherwise in this Agreement, this Agreement is not intended to modify or supersede existing laws and statutes and shall be construed in a manner which is consistent therewith. This Agreement is also not intended to affect approved projects or complete applications for County land use approval within the JPA received prior to the date confirmed for implementation of this Agreement. In meeting the commitments encompassed in this Agreement all parties will comply with the requirements of the statutes, rules and regulations governing planning and zoning, land division, annexation, open meetings, environmental policy, growth management, the Island County County-wide Planning Policy, the Comprehensive Plans of Island County and the City of Oak Harbor and any other applicable federal, state or local laws and regulations.

  X. AMENDMENTS

  This Agreement may be amended from time to time by written amendment. All amendments must be agreed to by the City and County. Amendments shall be adopted in the same manner as the original execution of this Agreement. Any Comprehensive Plan or Development Regulation amendment of either the County or the City that affects lands within the JPA or UGA shall not be effective for these areas until any needed amendment to this Agreement has been executed.

  XI. DURATION AND TERMINATION

  This Agreement shall be adopted and take effect when the Mayor of the City of Oak Harbor and the Chair of the Board of Commissioners confirm that all code amendments identified in Section VII have been duly enacted and shall remain in effect until terminated by written agreement of both parties or upon either party's providing sixty days written notice of termination to the other party. This document is not retroactive.

  XII. FINANCIAL RESPONSIBILITY

  Each party shall bear financial responsibility for its own respective share of work performed pursuant to this Agreement.

  XIII. SEVERABILITY

  In the event that any provision of this Agreement is declared invalid or illegal, such declaration shall in no way affect or invalidate any other provision thereof, and such other provisions shall remain in full force and effect.

  XIV. INDEMNIFICATION

  • A. The County shall indemnify and hold harmless the City and its officers, agents and employees, or an of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, by reason of or arising out of any negligent act or omission of the County, its officers, agents and employees, or any of them, in the performance of this Agreement. In the event that any such suit based upon such a claim, action, loss or damage is brought against the City, the County shall defend the same at its sole cost and expense; provided that the City reserves the right to participate in such suit if any principle of governmental or public laws is involved. If final judgment be rendered against the City and its officers, agents and employees, or any of them, or jointly against the City and the County and their respective officers, agents and employees, or any of them, the County shall satisfy same.
  • B. In executing this Agreement, the County does not assume liability or responsibility for, or in any way release the City from liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City ordinance, rule or regulation is at issue, the City shall defend the same at its sole expense and if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and attorney's fees.
  • C. The City shall indemnify and hold harmless the County and its officers, agents and employees, or an of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, by reason of or arising out of any negligent act or omission of the City, its officers, agents and employees, or any of them, in the performance of this Agreement. In the event that any such suit based upon such a claim, action, loss or damage is brought against the County, the City shall defend the same at its sole cost and expense; provided that the County reserves the right to participate in such suit if any principle of governmental or public laws is involved. If final judgment be rendered against the County and its officers, agents and employees, or any of them, or jointly against the City and the County and their respective officers, agents and employees, or any of them, the City shall satisfy same.
  • D. In executing this Agreement, the City does not assume liability or responsibility for, or in any way release the County from liability or responsibility which arises in whole or in part from the existence or effect of County ordinances, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such County ordinance, rule or regulation is at issue, the County shall defend the same at its sole expense and if judgment is entered or damages are awarded against the City, the County, or both, the County shall satisfy the same, including all chargeable costs and attorney's fees.

  XV. ADMINISTRATION

  • A. The provisions of this Agreement shall be managed by the County Planning & Community Development Director and the Oak Harbor Development Services Director.
  • B. The Island County Planning & Community Development Director and Oak Harbor Development Services Director shall meet as necessary to ensure that the provisions of this Agreement are fulfilled, develop further policies and procedures as are required, and maintain records of all actions as required to accomplish the work of the Agreement.
  • C. Administration of this Agreement will be by consensus. In the event consensus cannot be reached by the County Planning & Community Development Director and Oak Harbor Development Services Director, unresolved issues will be forwarded to the Mayor and Board of Commissioners for resolution.

  Approved this ______ day of _________________, 2002.

  ISLAND COUNTY

  ___________________________________Date
  Mike Shelton
  Chairman, Board of Island County Commissioners

  CITY OF OAK HARBOR

  ___________________________________Date
  Patricia Cohen
  Mayor

  Confirmed for implementation this ______ day of ______________, 2002.

  ISLAND COUNTY

  ___________________________________Date
  Mike Shelton
  Chairman, Board of Island County Commissioners

  CITY OF OAK HARBOR

  ___________________________________Date
  Patricia Cohen
  Mayor

  

  EXHIBITS

  • A. Countywide Planning Policies ()
  • B. Joint Planning Area and Urban Growth Area Map
  • C. North Whidbey Enterprise Area Map ()
  • D. UGA-Oak Harbor Zones ()
  • E. Significant Tree Retention and Blended Landscaping Standards for the Enterprise Zone ()
  • F. Blended Fire Prevention Standards for the Enterprise Zone ()
  • G. Blended Street Standards for the Enterprise Zone ()
  • H. Open Space Corridors Map
  • I. City of Oak Harbor AICUZ Standards ()