HomeMy WebLinkAbout1983 UGB Policy Agreement CENTRAL POINT/JACKSON COUNTY 3
URBAN GROWTH BOUNDARY AND POLICY AGREEMENT
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This agreement made and entered into this 26th day of May
19 83 , by and between the City of Central Point, a municipal corporation,
hereinafter called "City", and Jackson County, a political subdivision of
the State of Oregon, hereinafter called "County."
WHEREAS, under ORS 197, State Land Use Goal 14, Urbanization, 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 authority granted by Oregon Revised Statutes and
Charter of the City of Central Point, the City and County propose to enter
into an agreement to adopt an urban growth boundary, policies, and revision
procedures for the Central Point urbanizable area,
THEREFORE, the City and County adopt the following urban growth policies
which shall serve as the basis for decisions pertaining to development and
land uses in the area between the city limits of Central Point and its
urban growth boundary, and other lands that are of mutual interest or are
of significant importance to Central Point's long range growth and
development.
URBAN GROWTH POLICIES
1. The City of Central Point shall have primary responsibility for all
future urban level development that takes place within the City and
urban growth boundary area. Additionally: -
A. All urban level development shall conform to City standards, shall
be consistent with the adopted City Comprehensive Plan, and shall
meet all appropriate requirements of the City Zoning Ordinance and
Map.
B. The term "urban level development" shall be generally defined, for
purposes of this agreement, as any commercial industrial
development, and any residential development, partitioning, or
subdivision that creates actual or potential densities greater
than allowed by the City's Residential-Farm (R-F) zoning district.
The expansion or major alteration of legally existing commercial
or industrial use shall also be considered urban level
development.
C. Urban level development proposals submitted through county
processes must be accompanied by a contract to annex to the city.
2. A change in the use of urbanizable land from a use designated on the
Jackson County Comprehensive Plan/Zoning Map to uses shown on the City
Comprehensive Plan shall occur only upon annexation or contractual
intent to annex to the City. Additionally:
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URBAN GROWTH BOUNDARY AND POLICY AGREEMENT
PAGE 2
A. Development of land for uses designated on the Comprehensive plan
shall be encouraged on vacant or underdeveloped lands adjacent to
or within the City limits prior to the conversion of other lands
within the urban growth boundary.
B. Urban facilities and services must be adequate in condition and
capacity to accommodate the additional level of growth, as allowed
by the Comprehensive Plan, prior to or concurrent with the land
use changes.
C. The City may initiate annexation and zone changes of lands outside
the City limits and within the UGB that are under a County
"Exclusive Farm" designation or otherwise enjoying farm-related
tax incentives when such lands are needed for urban development.
3. City annexation shall only occur within the framework of the City
Comprehensive Plan and within the Urban Growth Boundary.
4. Except as provided in Policy 9 of this agreement, specific annexation
decisions shall be governed by the City of Central Point. The City
will provide opportunities for the County and all affected agencies to
respond to pending requests for annexation, with the response time
limited to sixty days to minimize any unnecessary and costly delay in
processing.
5. The establishment of the Urban Growth Boundary does not imply that all
lands within the Boundary must be annexed to the City.
6. Jackson County shall retain jurisdiction over any land use decisions,
other than annexations, within the unincorporated urbanizable area, in
conformance with these adopted policies. Additionally:
A. The City shall be requested to respond to pending applications for
land use changes in the urbanizable area.
B. Recognizing that unincorporated areas within the Urban Growth
Boundary could ultimately become part of Central Point, the City's
recommendations shall be given due consideration.
C. The County shall administer these mutually adopted City/County
policies throughout the City's UGB area until such time as the
area is annexed to the City.
7. Lands in the vicinity of the Seven Oaks Interchange, as delineated on
Map 1 attached, are considered unique because of the transportation
facilitiesltpresent. Although located outside the year 2000 urban
growtopment nd la3itit islyarea shall be protected from premature
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URBAN GROWTH BOUNDARY AND POLICY AGREEMENT
PAGE 3
A. The County shall ensure that the area remains in a rural character
so that a priority is placed on urban development within the UGB,
as planned.
B. The Seven Oaks Interchange area shall retain its present County
Comprehensive Plan/Zoning Map designations, or similar "rural"
designations, until such time as the area in acordance with the
seven urbanization factors of Statewide Goal #14, and in
accordance with the provisions for City initiated comprehensive
plan amendments as specified in this agreement, can be shown to be
needed for the city's urbanization trends.
8. Lands within the urbanizable area which currently support a farm use
shall be encouraged, through zoning and appropriate tax incentives, to
remain in that use for as long as is "economically feasible."
A. "Economically feasible," as used in this policy, shall be
interpreted to mean feasible from the standpoint of the property
owner. Implementation of this policy will be done on a voluntary
basis.
B. "Exclusive Farm" or other appropriate low-intensity rural zoning
designation shall be applied to areas within the UGB by the County
for the purpose of maintaining agricultural land uses and related
tax incentives until such time as planned annexation and urban
development occur.
C. "Suburban Residential" or other zoning designations that would
permit non-agricultural land uses to develop prematurely could
result in obstacles to future planned and coordinated growth and,
therefore, should be restricted to only those areas that are
already developed to such levels.
D. Agricultural zoning policies contained herein apply only to areas
identified by the City or County as agricultural lands within the
UGB or Seven Oaks areas, and shall not be used as a standard to
review other land use applications within these areas.
9. in mutual recognition of the important agricultural resource and
community economic asset represented by the Bear Creek Corporation
properties indicated on Map 2 attached, the City and the County
acknowledge the importance of protecting these lands from premature
urban development. Therefore:
A. The City and County agree that, although these lands are included
within the Central Point Urban Growth Boundary, future
consideration of their use for other than agricultural uses will
be contingent upon the following factors:
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URBAN GROWTH BOUNDARY AND POLICY AGREEMENT
PAGE 4
i. These lands will not be considered available for urbani-
zation earlier than the year 1995.
ii. Designation of these lands for other than agricultural uses
after the year 1995 shall be predicated upon full
development, to city plan designation, of other lands in
neighborhoods "I" and "H" as depicted on page 1II-13 of the
urbanization element of the Central Point Comprehensive Plan.
iii. Designation of these lands for other than agricultural uses
after the year 1995 shall be predicated upon a finding that
no area suitable for the proposed use is available within the
Urban Growth Boundary or upon a finding that these lands can
no longer be economically farmed.
B. The City will develop criteria for development of lands adjacent
to the subject area which will assure compliance with the
following general agricultural buffering criteria.
i. To mitigate the potential for vandalism the development's
design should incorporate the use of visible public or semi-
public open space adjacent to the agricultural lands.
ii. To mitigate nuisances originating from agricultural noise,
odors, irrigation run-off, and agricultural spray drift, the
development's design should incorporate:
a. The use of landscaping and berms where a positive
buffering benefit can be demonstrated.
b. The orientation of structures and fencing relative to
usable exterior space such as patios, rear yards and
courts, such that the potential impacts from spray
drift, dust, odors, and noise intrusion are minimized.
c. The design and construction of all habitable buildings,
including window and door locations, should be such that
the potential impact of spray drift, noise, dust and
odors upon interior living/working areas will be
minimized."
d. Physical separation between agricultural lands and urban
development shall be utilized to the greatest extent
possible to minimize adverse impacts. Site design
emphasizing the appropriate use of open space areas,
streets, and areas not designed specifically for public
recreation or assembly shall be considered.
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URBAN GROWTH BOUNDARY AND POLICY AGREEMENT
PAGE 5
C. The City and County shall mutually agree in writing that the
findings and buffering criteria established by Policy 9 have been
met, prior to annexation or urban development of these lands after
1995.
10. The City, County, and other affected agencies shall coordinate the
expansion and development of all urban facilities and services within
the urbanizable area. Additionally:
A. Provisions for urban facilities and services shall be planned in a
manner limiting duplication in an effort to provide greater
efficiency and economy of operation.
B. A single urban facility or service extended into the urbanizable
area must be coordinated with the planned future development of
all other urban facilities and services appropriate to that area,
and shall be provided at levels necessary for expected uses, as
designated in the City's Comprehensive Plan.
11. All County road reconstruction within the City's urbanizable area,
which is not a condition of a land use action, shall be to the County's
minimum urban standards and be generally consistent with the future
growth and development proposals, as outlined in the city's
Comprehensive plan.
AMENDMENT PROCEDURES FOR THE URBAN GROWTH BOUNDARIES AND URBANIZATION
POLICIES:
The procedure for joint city and county review and amendment of urban
growth boudary and urbanization policies are established as follows:
MAJOR REVISIONS
Major revisions in boundary or policies will be considered amendments to
both the city and county comprehensive plans, and as such, are subject to a
legislative review process.
A major revisions shall include any boundary change that has widespread and
significant impact beyond the immediate area, such as quantitative changes
allowing for substantial changes in population or significant increases in
resource impacts; qualitative changes in the land use itself, such as
conversion of residential to industrial use; or spatial changes that affect
large areas or many different ownerships. Any change in urbanization
policies is considered a major revision.
Major revisions will be considered by the city and county at five year
intervals from the date of adoption of the urban growth boundary and
urbanization policies. If the city and county governing bodies find that
circumstancesiprevail which have a significant effect on the public health,
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URBAN GROWTH BOUNDARY AND POLICY AGREEMENT
PAGE 6
safety or general welfare of the community, a major revision could be
considered at intervals of less than five years. It is the intent of the
governing bodies to review the urban growth boundary and urbanization
policies for consistency upon completion of the city and county
comprehensive plans.
A request for major revision can be initiated by an individual or group,
citizen advisory committees, affected agencies, and governing bodies. The
party who seeks the revision shall be responsible for filing adequate
written documentation with the city and county governing bodies. Final
legislative action on major revision requests shall be based on the
following factors:
A. Demonstrated need for the change to accommodate unpredicted
population trends to satisfy urban housing needs, or to assure adequate
employment opportunities;
B. The orderly and economic provision of urban facilities and
services;
C. Maximum efficiency of land uses within the current urbanizable
area;
D. Environmental, energy, economic and social consequences;
E. Compatibility of the proposed change with other elements of the
city and county comprehensive plans; and,
F. The other Statewide Planning Goals.
Major revision proposals shall be subject to a mutual city and county
review and agreement process involving affected agencies, citizen advisory
committees, and the general public. The review process for the City of
Central Point has the following steps:
A. CPAC/CAC and joint Planning Commissions review and recommend to the
City Council and Board of Commissioners;
B. Proposal mailed to the affected agencies; and,
C. Proposal heard and acted upon by joint City Council and Board of
Commissioners.
Minor Boundary Line Adjustments
Minor adjustments to an urban growth boundary line may be considered
subject to similar procedures used by the city and county in hearing zoning
requests. A minor amendment is defined as focusing on specific individual
properties and not having significant impact beyond the immediate area of
the change.
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URBAN GROWTH BOUNDARY AND POLICY AGREEMENT
PAGE 7
Application for a minor boundary line amendment can only be made by
property owners, their authorized agents, or by a city or county governing
body. Written applications for amendments may be filed in the office of
the Jackson County Department of Planning and Development on forms
prescribed by the county. The standards for processing an application are
as follows:
A. Final action on minor boundary line adjustments shall be based on
the same six factors required for -major revision requests as listed in
the preceding discussion titled "Major Revisions."
B. Applications will be reviewed by the Central Point Citizens
Planning Advisory Committee (CPAC) , and the appropriate county Citizens
Advisory Committee annually.
C. The applications will be reviewed at a joint city and county
planning commission meeting held annually for the express purpose of
considering minor boundary line adjustments.
D. The planning commissions are required to forward a recommendation
and findings on each application to the city and county governing
bodies for final consideration.
E. Amendments cannot be made to the urban growth boundary line unless
mutually agreed to by a majority from each governing body. The county
governing body shall be responsible for the preparation of the actual
legal instrument which officially amend the boundary line.
Adopted this 26th day of May , 19873
CITY OF ACKSON ". Zas
CENTRAL POINT BOARD OF •' I ISS
/VA-
Mayo? / /Chairman
n r.erder \ ssibner —
Legal Counsel Commission ff /J j,/25/Oz
III-78 �/
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"LOCATION MAP .
This map shows the Seven Oaks Interchange Area,
within which future development is governed
by Urban Growth Policy #7.
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