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HomeMy WebLinkAboutCouncil Resolution 1255RESOLUTION NO. 12 5 5 A RESOLUTION BY THE CITY OF CENTRAL POINT RECOMMENDING JACKSON COUNTY ADOPTION OF THE GREATER BEAR CREEK VALLEY REGIONAL PLAN WHEREAS, pursuant to former ORS 197.654 (1) (2007), Jackson County and the cities of Medford, Ashland, Central Point, Eagle Point, Phoenix and Talent, entered into a collaborative regional problem-solving (RPS) process; and WHEREAS, the City of Central Point (City), as a participant in RPS, having signed a Participants' Agreement identifying a regional land use problem, establishing goals addressing the problem, creating mechanisms for achieving such goals, and a system for monitoring the implementation and effectiveness of the those goals; and WHEREAS, the Greater Bear Creek Valley Regional Plan (the "RPS Plan") contemplated by the Participants' Agreement has been proposed under the provisions of former ORS 197.654(1) and former 197.656(2), which remain applicable to this RPS process; and WHEREAS, Jackson County is the local government charged with adopting the final RPS Plan; and WHEREAS, the RPS process must include: (a) An opportunity for involvement by other stakeholders with an interest in the problem; and (b) Efforts among the collaborators to agree on goals, objectives and measures of success; and WHEREAS, the City has been requested to make recommendation(s) to Jackson County concerning the contents and adoption of the final RPS Plan, including associated maps and Findings; and WHEREAS, the City's Planning Commission conducted hearings on the RPS Plan on March 16, 2010, and the City Council conducted hearings on the RPS Plan on May 13 and May 27, 2010; and WHEREAS, all requirements for legal notices and advertisements have been fulfilled and public testimony accepted and recorded; now, therefore, Page 1 of 13 THE CITY COUNCIL OF THE CITY OF CENTRAL POINT HEREBY RECOMMENDS AS FOLLOWS: Section 1- RPS Plan. 3 The City Council hereby recommends Jackson County's adoptionof the "Greater Bear Creek Vallev Resional Plan. November 2009", referenced as Exhibit "A", including Findings attached as Exhibit "B", and subject to the following modifications: 1. Clarify the use of the Employment designated lands in CP-6B as described in Exhibit "C"; 2. Include tax lot 362W 34D 230 within CP-4D as described in Exhibit "D", and 3. Correct Figure 2.10 per Exhibit "E" . PASSED by the City Council and signed by me in authentication of its passage this 27~' day of May, 2010. ~~~ - Mayor Hank Williams City Representative `~ Approved by me this ~ day of , 2010. d'~~sa~Or+~ • Mayor Hank Williams Page 2 of 13 EXHIBIT "A" Greater Bear Creek Valley Regional Plan Volumes 1- 3 Page 3 of 13 EXHIBIT "B" FINDINGS OF FACT FOR CONSIDERATION OF THE GREATER BEAR CREEK REGIONAL PLAN Before the City of Central Point Consideration of the Greater Bear Creek Regional Plan Applicant: Jackson County Page 4 of 13 I. INTRODUCTION On December 22, 2008 the City Council approved Ordinance No. 1923 adopting the Bear Creek Valley Regional Problem Solving Agreement (the "Agreement"). The Agreement set forth the terms and conditions agreed to by the City relative to implementation of the draft Plan as referenced in the Agreement. The Agreement further states that the adopted Plan shall be what is adopted as a result of Jackson County's comprehensive plan amendment process'. Jackson County is currently in the process of conducting a series of public hearings to consider approval of comprehensive plan and land use regulations necessary to approve and implement the Plan, which upon adoption will become the adopted Plan per the Agreement. As part of the County's review process the participating cities are provided an opportunity to review a final draft of the Plan, and will forward a recommendation to the County planning commission regarding the Plan. Participating cities will also be given an opportunity for oral comment before the County planning commission prior to the County's final decision. The purpose of these findings is to confirm that the plan as presented in Exhibit "A" is substantially consistent with the draft Plan presented in the Agreement, and to forward a recommendation to the County to approve the Plan as presented in Exhibit "A", with changes. As used in these findings the following terms are used in referencing the Greater Bear Creek Valley Regional Plan: "Regional Plan" - A generic reference to the Greater Bear Creek Regional Plan; "Agreement Plan" -Refers to the Regional Plan approved as part of the Participants Agreement; ~~Pending Plan" -Refers to the Regional Plan dated November 2009 and the subject of these findings; and "Adopted Plan" -Refers to the Regional Plan adopted by the County per the current proceedings, subject to LCDC acknowledgement and appeals. It is the purpose of these findings to determine whether or not the Pending Plan is consistent with the Agreement Plan, and to recommend any changes, and supporting findings, that are revealed during the City's public hearing process. The following addresses the comparison between the Agreement Plan and the Pending Plan: ~ RPSPA, Section II General Agreement Page 5 of 13 II. Greater Bear Creek Valley Regional Problem Solving Agreement The Greater Bear Creek Valley Regional Problem Solving Agreement ("Agreement") has been approved by the City2 and the Land Development and Conservation Commission on September 23, 2009' The Agreement is an agreement by all participating cities that that they will abide by the Plan adopted by the Implementing Signatories and acknowledged by the State of Oregon. The Agreement further stipulates that the adopted Plan shall be the Plan adopted as a result of Jackson County's comprehensive plan amendment process. Approval of the Agreement included approval of the Agreement Plan, subject to any modifications that may occur during the comprehensive plan and land use changes necessary to implement the Region Plan. III. Statement of Problems to be Addressed Finding: The Agreement identifies three problems to be addressed by the Regional Plan: Problem #1: Lack of a Mechanism for Coordinated Regional Growth; Problem #2: Loss of Valuable Farm and Forest Land Caused by Urban Expansion; and Problem #3: Loss of Community Identity. These three problems were addressed in the Agreement draft Plana. The pending draft of Plan restates these three problems verbatim4. Conclusion: The pending draft plan is consistent with the Agreement draft Plan. IV. Project Goals Finding: The Agreement sets forth three goals to be achieved by adoption of the Plan: Goal # 1: Manage future regional growth for the greater public good; Goal #2: Conserve resource and open space lands for their important economic, cultural, and livability benefits; and Goal #3: Recognize and emphasize the individual identity, unique features, and relative comparative advantages and disadvantages of each community within the Region. Z City of Central Point Ordinance No. 1923, December 22, 2008 s Greater Bear Creek Valley Regional Plan, July 2008, Chapter 1 a Greater Bear Creek Valley Regional Plan, November 2009, Chapter 1, Section 4.3.1. Page 6 of 13 These three goals were incorporated in to the Agreement draft Plans. The pending draft Plan restates these goals verbatim, including all related guiding policies as previously presented in the Agreement Plan. Conclusion: The Pending Plan is consistent with the Agreement Plan. V. Optional Techniques/Strategies for Implementation Finding: The Agreement Plan included ten (10) optional implementation techniques addressing6, addressing the Problems and Goals discussed in the Agreement Plan. The Pending Plan restates, verbatim, the implementation techniques set forth in the Agreement Plan. Conclusion: The Pending Plan is consistent with the Agreement Plan. VI. Measurable Performance Indicators Finding: In the Agreement Plan there are ten (10) Performance Indicators, which are essentially a restatement of the Implementation Techniques. The Pending Plana restates, verbatim, the Performance Indicators set forth in the Agreement Plan. Conclusion: The Pending Plan is consistent with the Agreement Plan. VII. Incentives and Disincentives to Achieving Goals Finding: In the Agreement Plan9 there aze six (6) incentives for participating cities to adhere to the Plan, and six (6) disincentives. The Pending P1an10 restates, verbatim, the Incentives and Disincentives set forth in the Agreement Plan. Conclusion: The Pending Plan is consistent with the Agreement Plan. VIII. Progress Monitoring System & Amendment Process Finding: In the Agreement P1an11 Section IV of the Agreement lists the standazds by which progress in attaining the objectives of the Regional Plan will be measured, including minor and major amendments to the Regional Plan. The language in the Pending PlanlZ is verbatim from the Agreement Plan. Conclusion: The Pending Plan is consistent with the Agreement Plan. s Greater Bear Creek Valley Regional Plan, July 2008, Chapter 1, Section 7 6 lbid, Chapter 6, Section 1 ' Ibid, Chapter 6, Section 2 s Greater Bear Creek Valley Regional Plan, November 2009, Chapter 5, Section 1 9 Ibid, Chapter 6, Section 3 10 Greater Bear Creek Valley Regional Plan, November 2009, Chapter 5, Section 2 " Ibid, Chapter 6, Section 4 12 Greater Bear Creek Valley Regional Plan, November 2009, Chapter 5, Section 2 Page 7 of 13 EXHIBIT "C" Note: Proposed changes identified in red. Page 4-26 Area CP-6B: (Third paragraph) "Central Point Little League operates a baseball field facility on a 14.5 acre parcel within one of the two Agricultural land inclusions in CP-6B. The baseball property constitutes the majority of the acreage within this Agricultural land inclusion. Two EFU zoned parcels having approximately five aggregate acres, exists between the baseball fields and the Rural Residential land to the north. These two parcels are used by the Central Point Council, Boy Scouts of America for its facilities and activities. The Boy Scout property is not nor likely will be used for farming in the future (other than incidental not-for-profit farming by Boy Scouts). In Figure CP 11 both the Central Point Little League property and the Boy Scout property are classified under then Emplovment land use-type with the understandinl_l that they will be retained as a subclassification land-use type Institutional. The second inclusion of Agricultural land is located near the geographic center of CP-6B and is completely surrounded by Rural Residential exception lands. Together, these inclusions have approximately ~-419 acres." Figure CP.11 Gross ' ~ Reasonably ` `~. Acres: 188 ~ : ,Develo" able: 162 ~ = Residential Aggregate Resource Open Space Employment /Parks Existin Plan 77% 23% Pro osed Uses 90% 10% Page 8 of 13 EXHIBIT "D" Note: Proposed changes identified in red. Page 4-9 Fi re CP.3 Detail' ~ ,.~Study~Ar'ea : ~~ ~ Ezishng ~ Gross ~~` Dwelhngs~ yAcres Physically; " Constrianed' .Built °'= Generally ': Unconstrained CP-1B~ __ 104 103 544 82 21 441 `CP=TC ,`~ ~ ~ 25 26 70 2 9 60 'MCP=2B 72 82 325 25 19 282 ~?CP 3 ~~_ - 9 7 36 8 1 27 uCP=4D' ~ ~ 67 81 583 30 81 52 CP 5 ~`~~~ 9 11 31 10 2 19 .:CP=6A<<,~ ° 165 163 444 2 56 386 ~~ CP=6B::' 95 93 188 4 22 162 CP Aa ~ 28 30 86 9 9 69 Y~~CP=Aai ~ ~ ~ ~ 1 1 177 8 0 169 ~-A~fc ~ ~ -1- 8 4 8 CP=B:x~. 6 4 297 11 1 286 ;CP-Da ~ 7 4 87 0 1 86 "~'CP-Da 3 0 46 0 0 46 ~u~CP=FG`.x~` 4 4 247 67 1 179 Totals 535 529 2,664 258 141 2,264 Page 4-11 AA «eriracrcrrT~ • ~ Page 4-20 Area CP-4D: This Urban Reserve area exists as atriangular-shaped tract that runs along the northeastern side of Interstate 5. The area has approximately 8.83 acres, approximately two-thirds of which is currently designated Agricultural and is owned by Jackson County. The southerly third of the area is designated as Rural Residential land and is owned by the City of Central Point. Both tracts are part of the Bear Creek Greenway. None of the land is or has in recent history been in agricultural production and the soils are of low agricultural suitability (Class N-VII, where not built as roadway, or within the Bear Creek floodway). This area also has environmental Page 9 of 13 constraints. The eastern third of this 883-acre area is within the 100-year floodplain of Bear Creek and is also impacted by wetlands. The City expects to use this area for passive recreation, dedicated open space, or parks adjacent to and in connection with the Bear Creek Greenway. At the northeast corner of CP-4D there is a one-acre parcel of exception land zoned Urban Residential (UR-1). This property has an existing residence, and abuts the City limits and residentiallX zoned lands to the .east. The property also abuts Agricultural lands to the north. As an exception area it was deemed appropriate to include the property within this urban reserve as first priority land However it is recognized that the property abuts Agricultuarl land and as such any future development of the property will be subject to compliance with the agricultural buffering standards to be implemented as part of this Plan. Because of the existing, residential character of the_property and it proximity to other developed residential lands it was deemed appropriate to include thisparcel within CP-4D. (:P_R With the exception of the single residential exception property, Y-IttYthis area was found to be suitable for park and trail use due to the following Goal 14 boundary location factors and resource land use impacts: 1. Efficient Accommodation of Identified Land Needs - CP-4D will accommodate the City's identified park land needs and non-motorized transportation facility needs. The Bear Creek Greenway Master Plan guides the city and county development which links active recreation nodes with abicycle/pedestrian trail system along the natural corridor of Bear Creek. The plan includes a land and easement acquisition strategy which seeks to eventually extend the geenway trail to the Rogue River. Although public ownership of the greenway is preferred, easements have also been employed as a viable alternative. Through the years aggregate has been mined from Bear Creek; sometimes leaving deep pits which have filled with water and provide habitat for fish and wildlife. Reclamation plans for aggregate sites which exist to the north provide extension of the greenway trail system. Construction of this trail linkage and including same within or linking to the larger Central Point urban area, will provide an alternative transportation mode for workers in the Tolo employment area in addition to providing recreational access along the geenway for all. The inclusion of the one acre residential property reco~lizes the exceations status of the property and avoids the~otential isolation and longterm limitation of public service extensions. 2. Orderly and Economic Provision of Public Facilities and Services -The area extends northerly from existing city limits over land assembled by public agencies for the purpose of providing the Bear Creek Greenway in accordance with its adopted master plan. Access to urban facilities and services, to the limited extent needed for the Page 10 of 13 greenway use and the exceptions parcel, may be extended directly from Old Upton Road on the south and the Boes subdivision to the east. Greenway improvements, policing, and management would be coordinated between the City and Jackson County. 3. ESEE Consequences -The overall comparative ESEE consequences of an Urban Reserve boundary in this area is positive, based on the following: a. Economic -The provision of park and non-motorized transportation linkage will supply an attractive community amenity and have a positive affect on property values and tourism. It will also afford workers a more economical way to access employment opportunities. The area has already been acquired by the public and inclusion into Central Point will help finance completion of this segment of the Bear Creek Greenway. The use of lands within the greenway area for economically viable agriculture is severly limited as discussed above. Land acquisition will be required in other areas to provide for park and trail needs. The inclusion of the one acre exception parcel will allow for the extension of public utilities as may be needed to serve this property. The economic conclusion is neutral. b. Social -Residents and vistors will have the opportunity to view preserved natural habitat in close proximity to urban populations and inclusion of this area will facilitate the development of facilities for the handicapped. This will positively affect the community's sense of identity and quality of life, and will promote opportunities for healthful exercise. Park land will need to be provided in some proportion for any future growth area. However, the greenway is a unique resource in this fixed location. Inclusion of the exception parcel will have a positive social consequence as a result of the property being able to obtain public services and utilities similar to the abutting_residential subdivision to the east. c. Environmental -the area will serve as a natural area providing open space and habitats for fish and wildlife. Inclusion as urban reserve will assure, through and urban reserve management agreement and the RPS agreement, further protection for the area to preserve the enumerated natural values. The environmental consequence of includingthe exception parcel within CP-4D is neutral The property is currently zoned and developed for residential use. Any future development of the property will be subject to compliance with the agricultural buffering standards required of this Plan. d. Energy -inclusion of the area will facilitate completion of a continuous trail along the length of the Bear Creek corridor and, specific to this segment, anon- motorized corridor between the Tolo employment area and residential population areas of Central Point. The delivery of non-motorized transportation facilities linking employment and residential areas can and is expected to result in significant energy savings. The inclusion of the exception parcel because of it existin dg evelonment and proximity to available public facilities will not have an adverse impact on the Page I 1 of 13 use of enerev. 4. Compatibility of the Proposed Urban Uses with Nearby Agricultural and Forest Activities Occurring on Farm and Forest Land Outside the Urban Growth Boundary - There are no nerby forest lands or forest activities. Nearby agricultural uses on land that would remain outside the urban area (assuming inclusion of the greenway area) include an active fruit orchard having approximately 177 acres and located to the easrt of the corridor. Hay and livestock pasturing further to the north exists along the east bank, and the cultivation of field crops also exists north of the subject area to the west of the creek corridor. The proposed urban use of the area will be for park and trail use. The Bear Creek Greenway routinely traverses farm land throughout its reach. Fencing is used to control and prevent trespass. The predominant wind direction during the summer months is from the north. Consequently, care in the routing of the trail and separation of recreational areas from farm activities should and will be taken in the planning of these park and trail facilities and the same will occur under the jurisdiction of Jackson County or the City of Central Point. The area has sufficient size to accommodate setbacks and screening of sensitive receptors from the nearby and sometimes adjacent agricultural land activities. The riparian corridor along the creek is heavily vegetated and provides natural screening through a significant portion of the area. While the potential exists for noise from farm activities, the same are not anticipated to be a significant problem and can be mitigated. In addition, ambient noise from Interstate 5 will serve to dampen noise from farm uses. The one-acre residential exception tercel that abuts Agricultural lands to the north is occupied by one single-familxdetached residence dwelling. The inclusion of this uarcel within the urban reserve area will facilitate the availabilitypublic utilities to serve the existing residence. Because the parcel abuts Agricultural lands anv future development of the property will be subject to compliance with the agricultural buffering standards to be implemented as part of this Plan. Page 12 of 13 J ~~ _~ Z® W~ V RdM`dS3a31 Z ~C ~ o. V V a ~. W \ ~ _ ~ W Q W O m D ,lb'M 4NOWAb'a i ~ a r ~ C , • ° a o Q ~ .o a~ ~ a o ~~~ V I a ~ Q O r gg '~ ,% . S ® ;~ y NJ ~ O f ~ ~ O ~ - a , ; ;. ;~ ,~~ ~. ~ ,~ ,. /~ n O a ~ ~' Ad 8 Q'. ' , i ~' /r / A ~ ~ i~ ~ m m a G E t ~ J ~ Vii:, ~ ~ S~ v v ~aa c i~Ceq U U ~-'~® EXHIBIT "E" Note: Proposed correction is identified in red. The use of urban reserve average persons per household of 2.5 has always been agreed to and noted in prior drafts, and is correctly noted in Volume 2 of the Greater Bear Creek Regional Plan. As a result of this correction it may be necessary to adjust developable land figures. Page 4-9 Figure 2.10 • ~ ~Astiland• Central -Eagle Medford Phoen~s --•:Talent "; ~, x . Poiat ~ ,,. ,Point ~ `: Expected ; People Per 2.15 2.69 2.82 2.47 2.30 2.25 Residential Household ;.. ,: Buldout of Density `.' Existing (DU/Gross 5.28 5.50 5.20 5.20 6.00 5.65 UGBs - Acre People Per n/a X12.50 2.82 2.41 2.30 2.30 Household Lower Anticipated ": Density Residential (DU/Gross n/a 6.00 6.40 6.50 6.20 6.20 '.Buildout~of~ Acre Proposed ,~~ ~ . Higher Density n/a 7.26 7.74 7.87 7.50 7.50 (DU/Gross Acre Page 13 of 13