HomeMy WebLinkAboutOrdinances 2077 ORDINANCE NO. ab-rt
AN ORDINANCE ADOPTING REVISIONS TO THE URBAN GROWTH
BOUNDARY AMENDMENT TO ALIGN THE CITY AND COUNTY'S FINDINGS
OF FACT, CONCLUSIONS OF LAW AND RECORD OF PROCEEDINGS
Recitals:
A. On March 25, 2021, the City of Central Point City Council approved
Ordinance No. 2073 amending the Comprehensive Plan to add roughly
444 acres to the City's Urban Growth Boundary, designate general land
use and revise the Urban Growth Boundary Management Agreement
(UGBMA) with Jackson County. The approval was based on the Staff
Report dated March 25, 2021, which included the proposed
amendments, record of proceedings for the Central Point Planning
Commission, and findings of fact and conclusions of law.
B. The Board of County Commissioners held a properly advertised public
hearing on April 14, 2021 to consider a major comprehensive plan
amendment to amend the Central Point UGB and revise the UGBMA.
Based on evidence and testimony submitted, including the record of
proceedings for the JCPC, the Board of Commissioners by motion and
vote approved the application.
C. Following first and second readings of the ordinance on April 25, 2021
and May 12, 2021, the Board of County Commissioners voted 3-0 to
adopt Ordinance No. 2020-1 approving the UGB amendment and
revisions of the UGBMA.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
Section 1. The City incorporates and adopts Jackson County Ordinance No. 2021-
1 (Exhibit 1) and record of proceedings in its entirety as a supplement to the City's
decision and record. Exhibit 1 and the County's exhibit schedule (Exhibit 2) are
attached and incorporated herein.
Section 2. The City of Central Point and Jackson County by Ordinances 2073 and
2021-1 conclude that the City has met the burden of proof to expand its Urban
Growth Boundary by approximately 444 acres in compliance with State, County
and City regulations.
Pg. 1 Ordinance No. can (06/24 /2021)
Section 3. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word Ordinance may be changed to "code", "article", "section",
"chapter", or other word, and the sections of this Ordinance may be renumbered,
or re-lettered, provided however that any Whereas clauses and boilerplate
provisions need not be codified and the City Recorder is authorized to correct any
cross references and any typographical errors.
Section 4. Effective Date. The Central Point City Charter states that an ordinance
enacted by the council shall take effect on the thirtieth day after its enactment. The
effective date of this ordinance will be the thirtieth day after the second reading.
P ssed by the Council and signed by me in authentication of its passage
this _ `day of . V" , 20sal_.
c......,././44,,,,‘. 1
Mayor Hank Williams
ATTES
( IL4Vele—
City ecorder
Pg. 2 Ordinance No. abi I (k/dd'1)
Exhibit 1
BEFORE THE BOARD OF COMMISSIONERS
STATE OF OREGON, COUNTY OF JACKSON
ORDINANCE NO.
AN ORDINANCE APPROVING A MAJOR COMPREHENSIVE PLAN MAP AMENDMENT TO
ADD APPROXIMATELY 444 ACRES TO THE CITY OF CENTRAL POINT URBAN GROWTH
BOUNDARY(UGB) AS WELL AS A PROPOSED TEXT AMENDMENT TO THE URBAN
GROWTH BOUNDARY MANAGEMENT AGREEMENT(UGBMA). FILE NO.439-20-00009-
LRP.
RECITALS:
1. Pursuant to Chapters 197 and 215 of the Oregon Revised Statutes, and in conformance
with the Statewide Planning Goals, Jackson County's Comprehensive Plan and
implementing ordinances have been acknowledged by the Oregon Land Conservation
and Development Commission(LCDC).
2. On July 15, 2020 an application for a major comprehensive plan map amendment was
submitted by Applicant, City of Central Point.The application was determined to be
complete on December 16, 2020.
3. Notice of the proposed amendment was provided to the Department of Land
Conservation and Development(DLCD)on December 29, 2020, 35 days prior to the first
evidentiary hearing before the Jackson County Planning Commission(JCPC). A notice
was published on Friday, January 22, 2021 in the Medford Mail Tribune that a first
evidentiary hearing was scheduled before the JCPC on Tuesday, February 2, 2021 at
5:30PM in the City of Central Point Council Chambers, 140 S. Third St., Central Point,
Oregon.
4. A first evidentiary public hearing was held on February 2, 2021 before the Jackson
County Planning Commission in the City of Central Point Council Chambers and via a
web conference.After considering the evidence and testimony submitted,the JCPC, by
motion and vote, recommended that the Board of Commissioners(BoC)approve the
application. The JCPC signed the Recommendation for Approval on February 3rd, 2021.
5. On April 14, 2021, the BoC held a properly advertised public hearing on the application.
After considering the evidence and testimony submitted, including the record of the
JCPC hearing, the BoC, by motion and vote, approved the application.
ORDINANCE-Page 1 of 4
File 439-20-00009-LRP
NOW, THEREFORE, the Board of County Commissioners of Jackson County ORDAIN as
follows:
SECTION 1. FINDINGS OF FACT
Based on the evidence and arguments presented, the BoC makes the following findings of fact
with respect to these proceedings.Where legal conflict arose, the Board has resolved them
consistent with these findings:
1.1 The BoC finds that proper legal notice was provided to the applicant, affected
property owners and affected agencies on March 23, 2021, for the first public
hearing on this matter. Legal notice was published in the Sunday, April 4, 2021
edition of the Medford Mail Tribune.
1.2 The BoC finds that the JCPC's recommendations are based upon following proper
procedures and are consistent with evidence and testimony in the record of
proceedings. The BoC hereby adopts, as its own, the Findings of Fact contained in
the JCPC Recommendation for Approval, contained in the record of these
proceedings and attached as Exhibit°A'
SECTION 2. LEGAL FINDINGS
Based on the evidence and arguments presented, the BoC makes the following legal findings
with respect to these proceedings.Where legal conflicts arose, the BoC has resolved them
consistent with these findings:
2.1 The BoC hereby adopts, as its own, the Legal Findings contained in the JCPC
Recommendation for Approval, contained in the record of these proceedings and
attached as Exhibit"A".
2.2 The City of Central Point prepared the Urban Growth Boundary(UGB)amendment
through a public process that involved multiple public hearings, study sessions, and
open houses.The configuration of the UGB that was adopted by the Central Point
City Council and the BoC is therefore the result of extensive deliberation and
consensus building.
2.3 The UGB amendment was found to be consistent with and supportive of the City's
adopted Comprehensive Plan including its Residential Buildable Lands Inventory
Land Use Element, the Employment Buildable Lands Inventory Land Use Element,
the Population Element,the Economic Element, the Parks and Recreation Element,
and the Housing Element. It has been so determined by the BoC that the amended
UGB will provide sufficient land to accommodate demand for housing, employment,
parks and open space, and associated urban land uses.
2.4 The UGB amendment was found to comply with Statewide Planning Goals 1-14.
Compliance with these goals is documented throughout the record.
2.5 The UGB amendment process began in 2017 with revisions to applicable elements
of the City's comprehensive plan with the culmination of over 40 public hearings.
ORDINANCE-Page 2 of 4
Flle 439-20-00009-LRP
Through this process the City determined its 20-year land need. The City's
"Location Analysis Report," contained in the record of these proceedings, illustrates
the City's methodology for evaluating lands for possible inclusion into the proposed
UGB amendment.
2.6 The UGB will only include lands previously designated as Urban Reserve Areas in
the Regional Plan.
2.7 The UGB has been found to be consistent with the Regional Plan component of the
City and County's Comprehensive Plan that was developed through more than 10
years of the Regional Problem Solving process. Central Point's UGB amendment
has been found to comply with Regional Plan performance indicators as outlined in
the Regional Plan Progress Report.
2.8 The text of the Urban Growth Boundary Management Agreement is amended to
include two new provisions to be consistent with the Regional Plan.
2.9 Some parties in the form of letters or emails submitted concerns and questions to
the record. The BOC finds that these concerns were comprehensively and
persuasively addressed by the City before the Board during the public hearing. The
Board finds that the City testimony supports approval of the proposed amendment.
SECTION 3. CONCLUSIONS
3.1 The BoC concludes that proper public notice was given.
3.2 The BoC hereby adopts, as its own, the Conclusions contained in the JCPC's
Recommendation for Approval, contained in the record of these proceedings and
attached as Exhibit"A"; Map depicting the amended Urban Growth Boundary
boundary as Exhibit"B"; and text of the Urban Growth Boundary Management
Agreement as Exhibit"C". These conclusions, supplemented with the above legal
findings, demonstrate that the application complies with the applicable Statewide
Planning Goals, Oregon Administrative Rules, the applicable policies in the Jackson
County Comprehensive Plan, and the applicable sections of the Jackson County
Land Development Ordinance.
SECTION 4. DECISION
4.1. Based on the record of the public hearing, the BoC hereby approves the requested
Major Comprehensive Plan Map Amendment to add approximately 444 acres to the
City of Central Point Urban Growth Boundary(UGB)as well as the proposed text
amendment to the Urban Growth Boundary Management Agreement(UGBMA).
File No. 439-20-00009-LRP.
ORDINANCE-Page 3 of 4
File 439-20-00009-LRP
ADOPTED this ?#k" day of PVT`j4 2021, at Medford, Oregon.
JACKSON COUNTY BOARD OF COMMISSIONERS
Due to the existing novel coronavirus (COVID-19)
pandemic and the need to promote physical distancing, the
Jackson County Board of Commissioners is conducting
/s/Rick Dyer meetings through electronic and telephonic means. On
Rick Dyer, Chair January 5, 2021, the Board of Commissioners approved
Order No. 1-21 authorizing the use of their electronic
signatures on Ordinances, Orders, and other documents.
Following the motion and roll call vote, Commissioners
/s/Dave Dotterrer Dyer,Dotterrer, and Roberts authorized the use of his/her
Dave Dotterrer, Commissioner electronic signature on this Ordinance No.2021-1.
/s/Colleen Roberts
Colleen Roberts,Commissioner
ATTEST:
"0::: a
By: Recording Secretary
APPROVE)AST LEGALSUFFICIENCY:
/ ' 1
,
County Counsel .
/
I:IZONING4WP4Comp Wmninp4139-20-00009-LRP Wrest Pent UG8At90C ReviwH430-I0-OO000-LRP_Ore{nana jcb Rev.4,202021.d=
ORDINANCE•Page 4 of 4
File 439-20-00009-LRP
EXHIBIT A
BEFORE THE JACKSON COUNTY PLANNING COMMISSION
STATE OF OREGON, COUNTY OF JACKSON
IN THE MATTER OF A MAJOR COMPREHENSIVE )
PLAN MAP AMENDMENT TO ADD )
APPROXIMATELY 444 ACRES TO THE CITY OF )
CENTRAL POINT URBAN GROWTH BOUNDARY ) RECOMMENDATION
(UGB) LOCATED WITHIN PORTIONS OF URBAN FOR APPROVAL
RESERVE AREAS CP-2B, CP-3, CP-4D&CP-6A AS
WELL AS A TEXT AMENDMENT TO THE URBAN )
GROWTH BOUNDARY MANAGEMENT )
AGREEMENT(UGBMA). FILE#439-20-00009-LRP )
RECITALS:
1. Pursuant to Chapter 197 and 215 of the Oregon Revised Statutes, and in conformance with
the Statewide Planning Goals, Jackson County's Comprehensive Plan (JCCP)and Land
Development Ordinance (LDO)have been acknowledged by the Oregon Land Conservation
and Development Commission (LCDC).
2. On July 15, 2020 an application for a major map amendment was submitted by the City of
Central Point staff. The application was determined to be complete per LDO Section
2.6.3(C)(2)on December 16, 2020.
PROCEDURAL FINDINGS:
1. A notice of the proposed amendment was provided to DLCD on December 29, 2020, 35 days
prior to the first evidentiary hearing. A legal notice was sent to affected agencies and
property owners on January 13, 2021. A notice was published on Friday January 22, 2021 in
the Medford Mail Tribune that a first evidentiary hearing was scheduled before the Jackson
County Planning Commission & Central Point Planning Commission on Tuesday February 2,
2021 at 6:00 p.m. in the City of Central Point Council Chambers, 140 S. Third St., Central
Point.
2. A public hearing was held on February 2, 2021 before the Jackson County Planning
Commission in the City of Central Point Council Chambers and via a web conference.At this
hearing, the Planning Commission deliberated to the decision reflected in this
recommendation.
3. Now, therefore,
The Jackson County Planning Commission finds, concludes,and RECOMMENDS as
follows:
Jackson County Planning Commission Recommendation
Central Point Urban Growth Boundary Amendment
SECTION 1. FINDINGS OF FACT:
Based upon the evidence and arguments presented, the Planning Commission makes the following
findings of fact with respect to this application:
1.1 The Planning Commission finds that proper legal notice was sent to affected
agencies and property owners on January 13, 2021. Legal notice was published in
the Friday, January 22, 2021 edition of the Medford Mail Tribune.
1.2 The Planning Commission finds that a Staff Report was prepared for the initial public
hearing.
1.3 The Planning Commission finds that a public hearing was held to consider the
evidence on these matters on February 2, 2021.
SECTION 2. LEGAL FINDINGS:
2.1 To recommend approval of a major map amendment, the Planning Commission must
find that the amendment is in conformance with Section 3.7 of the Land Development
Ordinance as well as any applicable Oregon Revised Statutes, Oregon Administrative
Rules and policies within the Jackson County Comprehensive Plan.
2.2 The Planning Commission adopts the findings in the Staff Report as a basis for this
recommendation.These findings demonstrate that the application is in compliance
with the applicable approval criteria.
2.3 The deliberations held on February 2, 2021 resulted in a motion to recommend
approval of the application. The Planning Commission voted unanimously(5-0)in
favor.
SECTION 3. CONCLUSIONS:
Based on the evidence and arguments included in the record, the Planning Commission concludes
that the proposed amendment to the Jackson County Comprehensive Plan is justified and in
compliance with the applicable provisions of the Jackson County Land Development Ordinance.
SECTION 4. RECOMMENDATION:
The Jackson County Planning Commission hereby recommends that the Board of Commissioners
approve file 439-20-00009-LRP.
This recommendation for APPROVAL adopted this 3rd day of February ,,2021, at
Medford, Oregon.
Jackson County Planning Commission Recommendation Page 2 of 3
Central Point Urban Growth Boundary Amendment File:439-20-00009-LRP
JACKSON COUNTY PLANNING COMMISSION
kig.,_______, l-------" i �ti
m 174 „ 1r . tc,
fy_;-,
Don Greene,Chair Tom Uvagr*ia,Commissioner
/i41 --
Rich rd B.Tleisrdf, •• )--tl_
• BrSd Bennlntn.Commissioner(0) ' 1 2,-7. a---7. .-- ,,- .
Jcm Elliott,Comminbner
ATTEST:
Ted Zuk, Deveet meftt Services Director
Ocatanare*pad ti esatterport
Jadisan Coar�►PYrrtM�p CouvnUon R Ion Pipe$d S
Car r1 P�alnt r OswthBoundeq►MNndmw�t PN:49IQo.O000atRP
EXHIBIT B
s IN Rd
i
7\C ( i. asee�
��� i !at�n'ts: .
- , 1
1
Legend Saint AVG �t K
—Street Nemo ^ MalNil1 •-
_ Proposed UOB Tax Lots I:
coProposed UOBAmendment t
City Limb I
Urban Growth Boundary ja •
Proposed CP-OA Lind Use j \
High Residents! _.'--..», —
Medium ResidentialLow Mindanao! ri ii zCommercial • I t. Fast..kistSY-• C _ 4 r
Proposed CP-3 Land Use >
Osney Canenerdet(OC) i ; '.
Beer Creek Onenway(SCO) I (ay*I - `
Perin end Open Spew(OS)
Proposed CP-40 Land Use i : .:
I
Perks end OS !
Residenesl Very Low I
Proposed CP-211Land Use I f -
High Residential
Medium Residential +
Low Residential \ i
Nelghbofiood Commerdsl L-- f
Civic i
Perks S Open Specs Beau Ln __ ..__j . _ _..._. _ .�.� ,.
y�
A Central Point Urban Growth Boundary Amendment
Proposed Land Use
CENTRAL General Land Use Plan Map
POINT
EXHIBIT C
AGREEMENT BETWEEN THE CITY OF CENTRAL POINT,OREGON(CITY)
AND JACKSON COUNTY,OREGON(COUNTY)
FOR THE JOINT MANAGEMENT OF THE CENTRAL POINT URBAN
GROWTH BOUNDARY
WHEREAS,under ORS 190.003 to 190.030,and 197.175,et seq.City and County are
authorized to enter into intergovernmental agreements and are required to prepare and
adopt Comprehensive Plans consistent with Statewide Planning Goals; and
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,City and County have adopted a Regional Plan which necessitates revisions
to the previous agreement; and
WHEREAS,City and County recognize the importance of providing an orderly
transition of urban services from County to City jurisdiction and administration as the
Urban Reserve transitions from a rural to an urban character; and
WHEREAS,ORS 190.003,et seq. requires that an intergovernmental agreement relating
to the performance of functions or activities by one unit of local government for another
shall be adopted and shall specify the responsibilities between the parties;
NOW,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.
DEFINITIONS
I. Area of Mutual Planning Concern: A geographical area lying beyond the adopted
urban growth boundary in which the City and County have an interest in terms of
that area's types and levels of development,land uses,environment,agriculture,
and other unique characteristics. The area is not subject to annexation within the
current planning period but may be in the path of longer-range urban growth.
Therefore,the City and County will fully coordinate land use activity within this
area.
2. IK g.:Jackson County Board of Commissioners.
3. Comprehensive Plan: State-acknowledged comprehensive plan adopted by City or
County.
1
4. Contract Annexation: A process whereby the City,County,and other involved
parties enter into a contract that permits:
A) The parties to administer urban land use regulations on the development of
property following an annexation decision while the property remains under
County jurisdiction; and
B) The City to annex property developed to City densities and uses,with the
improvement to appear on the County tax rolls prior to the effective date of
annexation,resulting in a greater benefit to the tax base of the community.
5. Council: City of Central Point City Council
6. Develop: To bring about growth or create new opportunities for growth;to cause
the expansion of available lands;to extend public facilities or services;to
construct,alter or expand a structure;to conduct a mining operation;to make a
change in the use of appearance of land;to divide land into smaller parcels;to
create or terminate rights of access,etc.
7. LDO:Jackson County's Land Development Ordinance.
8. Non-Resource Land: Land that is not subject to the statewide Goals listed in OAR
660-004-0010(lxa)through(g)except subsections(c)and(d).
9. Planning Services: Legislative activities,such as adoption and amendment of
comprehensive plan text and maps,adoption and amendment of land use
regulations,and quasi-judicial processing of land use actions.
10. Resource Land:Land that is subject to the statewide Goals listed in OAR 660-
004-0010(1)(a)through(g)except subsections(c)and(d).
11. Subdivide or Partition Land: The act of dividing the legal ownership of land into
smaller units, as set forth in Oregon Revised Statutes 92.010.
12. Urban/Public Facilities and Services: Basic facilities that are planned for and
provided by either the private or public sector,and are essential to the support of
development in accordance with the City's Comprehensive Plan. Such facilities
and services include,but are not limited to,police and fire protection,sanitary
facilities,public water and storm drain facilities;planning,zoning,and
subdivision controls;health services;recreation facilities and services;energy and
communication services;and community governmental services including schools
and transportation.
13. Urban Growth Boundary: A site specific line on the Official Plan and Zoning
Map of Jackson County,which identifies and encompasses urban and urbanizable
lands within the County,including:
2
A) URBAN LAND: Residential areas generally comprised of parcels smaller
than one acre,or highly developed commercial and industrial areas which are
within incorporated cities or which contain concentrations of persons who reside
or work in the areas,including land adjacent to and outside cities,and which have
supporting urban public facilities and services.
B) URBANIZABLE LAND: Areas within an officially adopted urban growth
boundary which are needed for the expansion of that urban area,and which have
been determined to be necessary and suitable for development as future urban
land and which can be served with necessary urban public facilities and services.
14. Urban Reserve Areas(URA): Land outside of a UGB identified as highest priority
(per ORS 197.298)for inclusion in the UGB when additional urbanizable land is
needed in accordance with the requirements of Statewide Planning Goal 14.
INTENT AND PURPOSE OF AGREEMENT
The intent and purpose of this Agreement is for City and County to:
1. Enhance long-range planning in the Urban Growth Boundary and the Urban
Reserve.
2. Maintain and improve coordination and communication between City and
County.
3. Develop consistent policies and procedures for managing urban growth and
development within the Urban Growth Boundary.
4. Minimize impacts to property owners,local governments and service providers
related to the transition of property from within the Urban Growth Boundary to
within the City Limits.
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.
3
B) The term "urban level development" shall be generally defined,for
purposes of this agreement,as any commercial or industrial development,
and any residential development,partitioning,or subdivision that creates
actual or potential densities greater than allowed by the City's Residential
Low-density District(R-L). The expansion or major alteration of legally
existing commercial or industrial use shall also be considered urban level
development.
C) Urban Ievel development proposals submitted through County processes
must be accompanied by a contract to annex to the City.
D) Prior to annexation of urbanizable lands, no land divisions shall be
approved by the County which create lots less than four (40)acres in size.
E) Prior to annexation of urbanizable lands.no propem shall be rezoned.
This restriction advances the purposes and policies of the Rexional Plan to
make more efficient use of urbanizable land.
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:
A) Development of land for uses designated in 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
Use" 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's
Comprehensive Plan and within the Urban Growth Boundary.
4. Except as provided in Policy 11 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.
4
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 unincorporated urbanizable area. If no response is received
within fourteen days,the County will assume the City has no objections to
the request
B) The City will request that the County respond to pending applications for
land use changes within the incorporated area which could affect land
under County jurisdiction. If no response is received within fourteen days,
the City will assume the County has no objections to the request.
C) Recognizing that unincorporated areas within the Urban Growth Boundary
could ultimately become part of Central Point,the City's
recommendations will be given due consideration. It is the intent of the
County to administer a mutually adopted City/County policy in the
urbanizable area until such time as the area is annexed.
7. Lands in the vicinity of the Seven Oaks Interchange,as delineated on Map 1
attached,are considered unique because of the transportation facilities present.
The I-5 Interchange Area Management Plan(IAMP) for Exit 35 addresses the
unique characteristics of the area and recommendations from the plan will be
incorporated into the City and County Comprehensive Plans. Portions of this area
are in Central Point's Urban Reserve while the remainder is designated an Area of
Mutual Planning Concern and shall be protected from premature development.
Additionally:
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 of Mutual Planning Concern shall
retain its present County Comprehensive Plan and Zoning Map
designation,or similar"rural" designation, until such time as the area can
be shown to be needed for the City's urbanization, in accordance with the
seven urbanization factors of Statewide goal 14 and the provisions of this
agreement that pertain to City-initiated comprehensive plan amendments.
8. Lands in the vicinity of and including Forest/Gibbon Acres west of Table Rock
Road,as delineated on Map 2 attached,are considered remote to Central Point at
this time. Although located outside of any Urban Reserve,this area is designated
5
an Area of Mutual Planning Concern and shall be protected from premature or
more intense development. Additionally:
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 and URAs,as
planned.
B) The Forest/Gibbon Acres Area of Mutual Planning Concern shall retain its
present County Comprehensive Plan and Zoning Map designation,or
similar"rural"designation,until such time as the area can be shown to be
needed for the City's urbanization or for inclusion in Medford or in White
City should it incorporate.Inclusion in a planning area will occur in
accordance with the seven urbanization factors of Statewide goal 14 and
the provisions of this agreement that pertain to City-initiated
comprehensive plan amendments.
9. Lands under the ownership of Jackson County between Gebhard Road and
Interstate-5 north of Pine Street, including the Jackson County Expo (fairgrounds)
and property in the ownership of Jackson County adjacent to the Expo as
delineated on Map 3 attached,are designated an Area of Mutual Planning
Concern and shall be protected from uncoordinated land use development.
Additionally:
A) The County shall ensure that all land use planning that occurs will be
coordinated with the City so that a priority is placed on urban development
within the UGB and URAs,as planned.
B) The Jackson County Expo Area of Mutual Planning Concern shall retain
its present County Comprehensive Plan and Zoning Map designation, or
designations unique to the fairground master plan,until such time as the
area can be shown to be needed for the City's urbanization, in accordance
with the seven urbanization factors of Statewide goal 14 and the
provisions of this agreement that pertain to City-initiated comprehensive
plan amendments.
C) During the first coordinated Periodic Review process for the Regional
Plan,Jackson County shall consider including the land occupied by the
Jackson County Expo to the City of Central Point Urban Reserve Area.
D) The impacts of County development upon City and Regional
infrastructure shall be assessed and mitigated in order to obtain a mutually
beneficial outcome to both entities.
10. 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",
6
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.
I)) Agric.iitural zoning policies contained herein apply only to areas
identified by the City or County as agricultural lands within the UGB,
URA's or Sever. Oaks Area of Mutual Planning Concern and shall not be
used as a standard to review other land use applications within these areas.
11. The City and County acknowledge the importance of protecting agricultural
lands. Therefore:
A) While properties are in agricultural use, the City will apply the below
standards when adjacent lands are proposed for urban residential
development:
i. To mitigate the potential for vandalism, the developments design
should incorporate the use of visible public or semipublic 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.
7
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.
B) The City and County mutually agree herewith that the buffering standards
established by the Jackson County Regional Plan and adopted by the City of
Central Point have or can and will be met, prior to annexation or urban
development of lands.
C) The City and County mutually agree to involve affected Irrigation Districts
prior to annexation or when contemplating urban development of lands.
12. The City,County,and other affected agencies shall coordinate the expansion and
development of all urban facilities and services within the urbanization 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 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.
13. All County road construction and reconstruction resulting from new development,
redevelopment,or land division, in the urbanizable area shall be to urban
standards,except that the term"reconstruction" does not include normal road
maintenance by the County.
14. Except for URAs,no other land or non-municival improvements located
outside the Urban Growth Boundary shall be permitted to connect to the water
line serving Erickson unless it is first included in the Urban Growth Boundary
or a"reasons" exception is taken to applicable Statewide Land Use Planning
Goals which allows such connection. The owners of such benefited property
must sign an irrevocable consent to annex to the City of Central Point.
8
AMENDMENTS AND CORRECTIONS TO THE URBAN GROWTH BOUNDARY
The procedure for joint City and County review and amendment of urban growth
boundary 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 revision 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 of many different ownerships. Any change in urbanization policies
is considered a major revision.
Major revisions will be considered by the City and County at periodic intervals in
accordance with the terms of the mutually adopted urban growth boundary agreements
between the County and each municipal jurisdiction. 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 only by the County or City governing bodies
or their respective planning commissions. Individuals, groups,citizen advisory
committees, and affected agencies may petition the County or appropriate City in
accordance with the procedural guidelines adopted by the jurisdiction for initiating major
legislative amendments. 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 factors stated in each
mutually adopted urban growth boundary agreement. Generally these are:
A) Demonstrated need to accommodate unpredicted population trends,to
satisfy urban housing needs,or to assure adequate employment
opportunities;
B) The orderly and economic provision of public 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.
9
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 has the following steps:
A) CAC and planning commissions review and make recommendations to the
City Council and Board of County Commissioners;
B) Proposal mailed to the affected agencies and property owners;and,
C) Proposal heard and acted upon by City Council and Board of County
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 impacts beyond the immediate area of the change.
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 indicated in the mutually adopted urban growth boundary agreement.
Generally these are the same factors as for a major urban growth boundary amendment.
CORRECTION OF ERRORS
A. An error is generally considered to be a cartographic mistake,or a
misprint,omission, or duplication in the text. They are technical in nature
and not the result of new information or changing attitudes or policies.
B. If the City Council and Board of County Commissioners become aware of
an error in the map(s) or text of this mutually-adopted urbanization
program,both bodies may cause an immediate amendment to correct the
error,after mutual agreement is reached.
C. Corrections shall be made by ordinance, following a public hearing
conducted by both governing bodies,but hearings before the planning
commissions shall not be required when an amendment is intended
specifically to correct an error.
10
REVIEW,AMENDMENT AND TERMINATION OF AGREEMENT
A. This Agreement may be reviewed and amended at any time by mutual
consent of both parties,after public hearings by the Council and the Board
of Commissioners.
B. Any modifications to this Agreement will be consistent with City and
County comprehensive plans and state law.
C. Staff from City and County will attempt to informally resolve any disputes
regarding the terms, conditions,or meaning of this Agreement. For any
disputes not resolved through this informal process,the Council and the
BOC will meet jointly in an attempt to resolve those disputes. Either party
may request the services of a mediator to resolve any dispute.
D. This Agreement may be terminated by either party subsequent to
dissolution of a URA or an Area of Mutual Planning Concern. Such
termination shall proceed through a properly noticed public hearing
process.
This agreement supersedes the prior agreement between the parties on the same subject
matter approved by the County on ,20_,and by the City on
,20
CITY OF CENTRAL POINT JACKSON COUNTY
BOARD OF COMMISSIONERS
441..Ae .=— 4/24>
Hank Williams,Mayor DATE Rick Dyer,Chair DATE
APPROVED AS TO FORM:
County Counsel
ATTEST: ATTEST:
City Aw-"-'c`,c=%eo Recording Secretary
I
FILE NO: 439-20-00009-LRP APPLICANT: CITY OF CENTRAL POINT UGBA
HEARING DATE: 2/2/2021 HEARING BODY: J.C. PLANNING COMMISSION
TIME: 9:00 A.M. LOCATION: COURTHOUSE AUDITORIUM, 10 S OAKDALE, MEDFORD, OR.
EXHIBIT SCHEDULE
EXHIBIT NO. NATURE OF EXHIBIT
1 PAGE 1 MEMO FROM STAFF TO THE JA CO PLANNING COMMISSION
2 PAGE 2 CRITERIA
3 PAGE 3 STAFF REPORT, DATED 1/20/2021
4 PAGE 12 APPLICATION SUBMITTED BY CITY OF CENTRAL POINT, DATED 7/15/2020
5 PAGE 23 FINGINGS OF FACT &CONCLUSIONS
6 PAGE 142 RESOLUTION NO. 1599
7 PAGE 144 TAX LOT INVENTORY
8 PAGE 146 CENTRAL POINT URBAN GROWTH BOUNDARY AGREEMENT
9 PAGE 156 LOCATION ANALYSIS REPORT
10 PAGE 209 TECHNICAL MEMORANDUM
11 PAGE 267 RVSS CP UGB EXPANSION ALTERNATIVES
12 PAGE 275 TRAFFIC IMPACT STUDY, DATED 7/27/2020
13 PAGE 311 PROPOSED UGB MAPS
14 PAGE 338 REGIONAL PLAN PROGRESS REPORT
15 PAGE 348 LAND OWNER NOTIFICATION MAP AND LIST
16 PAGE 374 DLCD PAPA CONFIRMATION FROM THE CITY OF CENTRAL POINT
17 PAGE 375 BOARD ORDER NO. 175-20, INITIATING THE UGBA
18 PAGE 377 LETTERN FROM STAFF TO CITY OF CENTRAL POINT, DATED 12/16/2020
19 PAGE 378 EMAIL COMMENT FROM MIKE KUNTZ, JA CO ROADS TO STAFF, 8/21/2020
20 PAGE 379 EMAIL COMMENT FROM CHUCK DeJANVIER, JA CO ROADS TO CENTRAL PT
21 PAGE 383 EMAIL COMMENT FROM NICK BAKKE, RVSS TO CENTRAL POINT, 1/14/2021
22 PAGE 391 EMAIL COMMENT FROM COLLEEN PADILLA, SOREDI TO CENTRAL POINT
23 PAGE 393 EMAIL COMMENT FROM LARRY MARTIN TO CENTRAL POINT, 1/6/2021
F:IJCPCIEXHIBIT SCHEDULE CP UGBA.DOCX
FILE NO: APPLICANT:
HEARING DATE: HEARING BODY: J. C. PLANNING COMMISSION
PAGE: -2-
EXHIBIT SCHEDULE
EXHIBIT NO. NATURE OF EXHIBIT
24 PAGE 395 EMAIL COMMENT FROM JOANNA VICKOREN TO CENTRAL POINT, 1/19/21
25 PAGE 397 EMAIL FROM STAFF TO STAFF, DATED 11/10/2020
26 PAGE 398 EMAIL FROM CENTRAL POINT TO STAFF, DATED 12/02/2020
27 PAGE 400 EMAIL FROM STAFF TO CENTRAL POINT, DATED 12/16/2020
28 PAGE 402 NOTICE OF PUBLIC HEARING PREPARED BY CITY OF CENTRAL POINT
29 PAGE 434 AGENDA OF FEBRUARY 2, 2021
30 PAGE 436 DLCD PAPA ONLINE SUBMITTAL
31 PAGE 438 WRITTEN COMMENT FROM DAN & LOUISE SAKRAIDA, DATED 1/19/2021
32 PAGE 439 WRITTEN COMMENT FROM KATY& DUANE MALLAMS, DATED 9/8/2020
33 PAGE 441 WRITTEN COMMENT FROM CYNTHIA PASTORINO, DATED 1/24/2021
34 PAGE 442 WRITTEN COMMENT FROM KATY& DUANE MALLAMS, DATED 10/12/2020
35 PAGE 443 WRITTEN COMMENT FROM ANTONE J PEDERSEN
36 PAGE 445 WRITTEN COMMENT FROM RUSSELL KOCKX. DATED 2/1/2021
37 PAGE 446 WRITTEN COMMENT FROM KATY & DUANE MALLAMS, DATED 2/2/2021
38 PAGE 447 WRITTEN COMMENT FROM CONNIE GIBBS, DATED 1/31/2021
39 PAGE 449 WRITTEN COMMENT FROM MICAH HOROWITZ, ODOT, DATED 2/1/2021
40 PAGE 450 WRITTEN COMMENT FROM DONALD HUBBARD, DATED 1/30/2021
41 PAGE 451 WRITTEN COMMENT FROM DONALD & JANET HUBBARD, 1/31/2021
42 PAGE 452 WRITTEN COMENT FROM RONDA SETTGAST, DATED 2/1/2021
43 PAGE 455 POWERPOINT HEARING PRESENTATION BY STAFF, 2/2/2021
I:IZONINGIWPICOMP PLANNING1439-20-00009-LRP CENTRAL POINT UGBAUCPC JOINT HEARING DOCS\EXHIBIT
SCHEDULE CP UGBA.DOCX
FILE NO: 439-20-00009-LRP APPLICANT: City of Central Point UGB Amendment
HEARING DATE: 4/14/2021 HEARING BODY: BOARD OF COMMISSIONERS
TIME: 1:30 PM COURTHOUSE AUDITORIUM, 10 SOUTH OAKDALE, MEDFORD,OREGON
EXHIBIT SCHEDULE
EXHIBIT NO. NATURE OF EXHIBIT
1 PAGE 1 MEMO FROM STAFF TO THE BOARD OF COMMISSIONERS
2 PAGE 2 PROPOSED LAND USE MAP
3 PAGE 3 CRITERIA
4 PAGE 4 JACKSON COUNTY PLANNING COMMISSION RECOMMENDATION FOR
------- APPROVAL, DATED 2/2/2021
5 PAGE 7 ADOPTING ORDINANCE NO. 2073, SUBMITTED BY CITY OF CENTRAL POINT
6 PAGE 9 DRAFT AGREEMENT BETWEEN THE CITY OF CENTRAL POINT AND
-------- JACKSON COUNTY
7 PAGE 19 JACKSON COUNTY PLANNING COMMISSION MINUTES OF 2/2/2021
8 PAGE 23 AFFIDAVID OF PUBLICATION FOR 2/2/2021 PUBLIC HEARING
9 PAGE 25 NOTICE OF PUBLIC HEARING
10 PAGE 49 PACKET#1 - EXHIBITS 1 THROUGH 43 WHICH WERE BEFORE THE
------- JACKSON COUNTY PLANNING COMMISSION AT A VIDEOCONFERENCE
HEARING HELD ON 2/2/2021
11 PAGE 50 WRITTEN COMMENT FROM GREG HOLMES, 1000 FRIENDS OF OR., 2/2/2021
12 PAGE 52 AGENDA OF ARPIL 14, 2021
13 PAGE 54 WRITTEN COMMENT FROM CYNTHIA PASTORINE, DATED 4/3/2021
14 PAGE 55 WRITTEN COMMENT FROM KATY&DUANE MALLAMS, DATED 4/13/2021
15 PAGE 56 WRITTEN COMMENT FROM ANTONE PEDERSON, DATED 4/5/2021
1:1ZONINGIWPICOMP PLANNING1439-20-00009-LRP CENTRAL POINT UGBAIBOC REVIEWIEXHIBIT SCHEDULE.DOC