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CAP080912
Central Point City Hall 664 -3321 City Council Mayor Hank Williams Ward I Bruce Dingler Ward II Kelly Geiger Ward III Ellie George Ward IV Allen Broderick At Large Carol Fischer Kay Harrison Administration Phil Messina, City Manager Chris Clayton, Assistant City Manager Deanna Casey, City Recorder Community Development Department Tom Humphrey, Director Finance Department Bev Adams, Director Human Resources Barb Robson, Director Parks and Public Works Department Matt Samitore, Director Jennifer Boardman, Manager Police Department Kris Allison, Chief CITY OF CENTRAL POINT City Council Meeting Agenda August 9, 2012 Next Res. 1342 Next Ord. No. 1964 L REGULAR MEETING CALLED TO ORDER — 7:00 P.M. II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. PUBLIC APPEARANCES V. CONSENT AGENDA Pg 2 - 8 A. Approval of July 26, 2012 Council Minutes 9 B. Approval of Good Neighbor Day Proclamation VI. ITEMS REMOVED FROM CONSENT AGENDA VII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS 11 - 17 A. Public Hearing - Resolution No. , To Annex 5.93 Acres, Located at 600 Beebe Road and Identified on the Jackson County Assessor's Map as 37 2W 02 Tax Lot 3100, Applicant: Shepherd of the Valley Catholic Church (Humphrey) 19-112 B. Second Reading, Ordinance No. , An Ordinance Adopting the Greater Bear Creek Valley Regional Plan, Including Adoption of a Regional Plan Element as a New Element of the City of Central Point Comprehensive Plan, An Amendment to the Land Development Ordinance Chapter 17.71 Agricultural Buffering, an Amendment to the Official Comprehensive Plan Land Use Map Designating the Urban Reserve Areas, and Approval of an Urban Reserve Management Agreement Between Jackson County and the City of Central Point (Humphrey) 114 - 115 C. Second Reading, Ordinance No. , An Ordinance Adding Section 5.34.025 to the Central Point Municipal Code to Require Pawnbrokers and Second Hand Dealers to Retain Property Prior to Resale (Allison) VIII. BUSINESS 117 A. Appointment of Parks and Recreation Commission Chair (Samitore) — — B. Planning Commission Report (Humphrey) IX. MAYOR'S REPORT X. CITY MANAGER'S REPORT XL COUNCIL REPORTS XII. DEPARTMENT REPORTS XIII. EXECUTIVE SESSION The City Council may adjourn to executive session under the provisions of ORS 192.660. Under the provisions of the Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast. XIV. ADJOURNMENT WA A CAP080912 Page 1 CITY OF CENTRAL POINT City Council Meeting Minutes July 26, 2012 I. REGULAR MEETING CALLED TO ORDER City Manager Phil Messina called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. ROLL CALL: Mayor: Hank Williams - Excused Council Members: Allen Broderick, Carol Fischer; Kay Harrison and Kelly Geiger were present. Bruce Dingler was excused and Ellie George was absent. City Manager Phil Messina; City Attorney Paul Nolte; Police Chief Kris Allison; Community Development Director Tom Humphrey; Parks and Public Works Director Matt Samitore; Assistant City Manager Chris Clayton; and City Recorder Deanna Casey were also present. City Manager Phil Messina stated that we do have a quorum but not a presiding officer with both the Mayor and Council President absent. The Council Rules state that the Council should nominate a temporary chairperson to preside over the meeting. Allen Broderick nominated Kay Harrison to be Temporary Chairperson. Kelly Geiger seconded. Roll call: Allen Broderick, yes; Carol Fischer, yes; Kelly Geiger, yes; and Kay Harrison, yes. Motion approved. IV. SPECIAL PRESENATION — F.E.M.A. Sharon Loper, Acting Regional Administrator for FEMA Region X, explained that the Department of Home Land Security has determined that Central Point will increase to a Class 6 in the National Flood Insurance Program Community Rating System. The floodplain management activities implemented by the community qualify it for a 20 percent discount in the premium cost of flood insurance. This designation shows the dedication to public safety, property protection and protects the natural functions of floodplains, and reduces flood insurance premiums. Ms. Loper presented a plaque to the Council Chairperson. V. PUBLIC APPEARANCES - None VI. CONSENT AGENDA A. Approval of July 13, 2012, City Council Minutes B. Approval of Teenage Suicide Awareness Proclamation CAP080912 Page 2 City of Central Point City Council Minutes July 26, 2012 Page 2 Kelly Geiger made a motion to approve the Consent Agenda as presented. Carol Fischer seconded. Roll call: Allen Broderick, yes; Carol Fischer, yes; Kelly Geiger, yes; and Kay Harrison, yes. Motion approved. VI. ITEMS REMOVED FROM CONSENT AGENDA - None VII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearing - First Reading An Ordinance Adopting the Greater Bear Creek Valley Regional Plan, Including Adoption of a Regional Plan Element as a New Element of the City of Central Point Comprehensive Plan, An Amendment to the Land Development Ordinance Chapter 17.71 Agricultural Buffering, An Amendment to the Official Comprehensive Plan Land Use Map Designating the Urban Reserve Areas, and Approval of an Urban Reserve Management Agreement Between Jackson County and the City of Central Point Community Development Director Tom Humphrey explained that this is a public hearing to consider an Ordinance recommending approval of the Greater Bear Creek Valley Regional Plan, including adoption of a regional plan element of the Comprehensive Plan. After many years of discussion it was agreed by all participants that the Greater Bear Creek Valley Regional Plan was ready for final review. In 2011 the Council forwarded a final recommendation to the County Planning Commission to approve the Regional Plan. The Final Plan has been through the required processes, reviews and public hearings. In accordance with the Agreement and ORS it is now the responsibility of the cities to: • Amend their comprehensive plans to include a regional plan element; • Amend their comprehensive plan map to include a map that illustrates the urban reserve areas; • Adopt the agricultural buffering ordinance; and • Approve an Urban Reserve Management Agreement. These four actions are the subject of consideration for this meeting. Mr. Humphrey presented the findings for each area considered. Once these actions are completed by all participants the County will forward the approvals to LCDC for final consideration and action. Chairperson Kay Harrison opened the Public Hearing. County Commissioner Don Skundrick addressed the Council in support of the proposed Ordinance as presented. The County and State organizations do not recommend any changes to the current plan because it will delay implementation for all participants. This has been a long process and Central Point Council and Staff have worked hard to keep it going. There are options incorporated within the plan to make changes after it is finalized. CAP080912 Page 3 City of Central Point City Council Minutes July 26, 2012 Page 3 Bob Hart, land use consultant. Two property owners would like to be added to the map. They originally bought property because it was going to be included in the Urban Reserve Area (URA). The boundaries have changed and their property will not be developable unless they are included in the URA. He provided a letter explaining the property and specific reasons and concerns the owners would like to be included. He explained that the cherry stem area of CP 1 B is not a normal process and their property should be included. Mr. Humphrey explained that this property was designated as urban and important agricultural land. Joe Carlson, Central Point resident is in favor of including the property Mr. Hart is recommending. It would provide a good economic benefit to the city if included. Greg Holms from 1000 friends of Oregon stated that he has been involved in the process for several years. He explained the delay in the process if any of the cities decide to change the boundaries. 1000 Friends of Oregon recommends approval of the plan as presented. He acknowledged the work that Central Point has done to keep the plan on topic and working with the County and 1000 Friends in regards to agricultural buffering. He would like to see the City adopt the Agricultural Buffer city wide. Other cities have done this. Larry Martin Taylor Road resident recognized the leadership that Central Point has provided for this process. All the partners agreed to the plan as presented. There have been public hearings during the entire process and properties had the opportunity to be heard. The City should continue with the plan as presented. The Public Hearing was closed. There was no further discussion. Allen Broderick made a motion to move to second reading An Ordinance Adopting the Greater Bear Creek Valley Regional Plan, Including Adoption of a Regional Plan Element as a New Element of the City of Central Point Comprehensive Plan, An Amendment to the Land Development Ordinance Chapter 17.71 Agricultural Buffering, An Amendment to the Official Comprehensive Plan Land Use Map Designating the Urban Reserve Areas, and Approval of an Urban Reserve Management Agreement Between Jackson County and the City of Central Point. Carol Fischer seconded. Roll call: Allen Broderick, yes; Carol Fischer, yes; Kelly Geiger, yes; and Kay Harrison, yes. Motion approved. B. First Reading - An Ordinance Adding Section 5.34.025 to the Central Point Municipal Code to Require Pawnbrokers and Secondhand Dealers to Retain Property Prior to Resale Police Chief Kris Allison presented an Ordinance that would amend the current Central Point Municipal Code regarding the length of time Pawnbrokers and secondhand dealers would be required to hold items after purchase. CAP080912 Page 4 City of Central Point City Council Minutes July 26, 2012 Page 4 The Police Department has identified a need to stipulate a time period for the retention of property prior to resale. A majority of Pawnbrokers and Secondhand Dealers purchase items without stipulating a retention period. The amendment would not penalize a legitimate business owner and only requires them to retain the property for 7 business days if the resale value is greater than $25.00 or 5 business days if the property is valued under $25.00. This allows victims of crimes to file reports with police jurisdictions in a reasonable time period and an investigation to be initiated and logged into the database. Kelly Geiger made a motion to move to second reading an Ordinance adding Section 5.34.025 to the Central Point Municipal Code to Require Pawnbrokers and Secondhand Dealers to Retain Property Prior to Resale. Carol Fischer seconded. Roll call: Allen Broderick, yes; Carol Fischer, yes; Kelly Geiger, yes; and Kay Harrison, yes. Motion approved. C. Ordinance No. 1963, An Ordinance Amending Sections 2.40.020, 2.40.040 And 2.40.050 of the Central Point Municipal Code to Provide for the Adoption of Public Contracting Rules by Resolution; to Simplify the Existing Public Contracting Chapter and to Coordinate the Public Contracting Rules with Recent Legislative Changes Assistant City Manager Chris Clayton stated that there were no recommended changes at the first reading of an Ordinance amending Central Point Municipal Code regarding Public Contracting Rules. The proposed ordinance removes a majority of the requirements from the Municipal Code and provides the opportunity for the Council to adopt these rules and procedures by a resolution, which provides greater flexibility when future revisions become necessary. Kelly Geiger made a motion to approve Ordinance No. 1963, An Ordinance Amending Sections 2.40.020, 2.40.040 And 2.40.050 Of The Central Point Municipal Code To Provide For The Adoption Of Public Contracting Rules By Resolution; To Simplify The Existing Public Contracting Chapter And To Coordinate The Public Contracting Rules With Recent Legislative Changes. Kay Harrison seconded. Roll call: Allen Broderick, yes; Carol Fischer, yes; Kelly Geiger, yes; and Kay Harrison, yes. Motion approved. D. Resolution No. 1340, A Resolution Adopting Public Contracting Rules (Clayton) Mr. Clayton explained that the recommended resolution sets the Public Contracting Rules as authorized by ORS Chapter 279C and CPMC Chapter 2.40. The previous Ordinance removed the rules from the Municipal Code Book allowing the Council to set the rules by resolution. He explained that this allows the city to update the rules according to State regulations when the legislature makes changes. Kelly Geiger made a motion to approve Resolution No. 1340, A Resolution Adopting Public Contracting Rules. Carol Fischer seconded. Roll call: Allen CAP080912 Page 5 City of Central Point City Council Minutes July 26, 2012 Page 5 Broderick, yes; Carol Fischer, yes; Kelly Geiger, yes; and Kay Harrison, yes. Motion approved. E. Resolution No. 1341, A Resolution to Approve a Supplemental Budget for the 2012/13 Fiscal Year (Adams) Finance Director Bev Adams explained that this is the first supplemental budget resolution for the current year. The city has agreed to assist in the administration of a Water Conservation Grant issued by the Oregon Water Resources Department to the Medford Water Commission and the Cities of Central Point, Eagle Point, Jacksonville, Talent, and Phoenix. These agencies have banded together to form a Technical Advisory Committee for the purpose of selecting a team of consultants to provide professional services to evaluate and define water conservation strategies that could reduce water demands and thereby delaying the need for costly infrastructure expansion of water right acquisitions. The City of Central Point will receive the grant funds and disburse as needed. Allen Broderick made a motion to approve Resolution No. 1341, A Resolution to Approve a Supplemental Budget for the 2012/13 Fiscal Year. Kelly Geiger seconded. Roll call: Allen Broderick, yes; Carol Fischer, yes; Kelly Geiger, yes; and Kay Harrison, yes. Motion approved. VIII. BUSINESS A. Battle of the Bones Report Parks and Public Works Director Matt Samitore stated that the weather was a huge part of the 2012 Battle of the Bones event. The rain and cooler temperatures caused the attendance to be sporadic. The craft beer sales were down 42% and Saturday BBQ down 28% based on the preliminary numbers. The response we have received from the public was overwhelmingly positive. Sunday was a solid day for the event with attendance surpassing previous years. Wine ticket sales were up and the stem -less wine glasses were a big hit. The event grossed $76,000 but had expenses of $84,000 for an approximate loss of $8,000. If the weather had been relatively normal we believe the event would have seen a profit this year. City personnel are still the largest single expense. Even though we had a lot more volunteers we still had quite a few city employees costing $22,000. These are counted against the event in order to track true costs of administering. We hope to be able to build our volunteers up and use less city staff, but there will always be staff costs because it is necessary to have specific city staff members present at all times. The event planning for next year begins in a few weeks. They will be reviewing how to get more BBQ teams to the event and look at the layout and ways to improve. CAP080912 Page 6 City of Central Point City Council Minutes July 26, 2012 Page 6 The Council was in agreement that it was still a success. The event is great for the community and should be continued. IX. MAYOR'S REPORT - None X. CITY MANAGER'S REPORT City Manager Phil Messina reported that the Mayor is at the Oregon Mayor's Association this week. He attended the Oregon Managers Association Conference in Bend and has been out of town on family business. He attended the Portland Waterfront Blues Festival again this year. He stated that the festival started a lot like the Battle of the Bones and has expanded to a very successful event for Portland. He feels confident that the B.o.B. event will be successful if we continue with improvements. XI. COUNCIL REPORTS Council Member Carol Fischer reported that she attended a library meeting. Council Member Kelly Geiger reported that he is in the transition from Banking to managing the Wash and Go Depot. Council Member Kay Harrison stated that she attended the 4t" of July Festival and the Fair. XI 1. DEPARTMENT REPORTS Community Development Director Tom Humphrey thanked Councilor Geiger for returning this evening. The RPS process would have been delayed farther if we would have continued the meeting and public hearing because of no quorum. The participants are trying to finish up this long process and get a final version to the state for their adoption. The study on Pine Street has produced a technical memorandum providing a variety of options. Finance Director Bev Adams stated that the City has received a Certificate of Achievement for the audit. They have begun the online payment program and it seems to be going well. Chief Allison reported that: • Central Point participated in the Sex Offender Compliance week. We only had 3% in non compliance. • We will be participating with a Child Abduction Response Team (CART) for the Valley. This is a new team of specialized programs and processes for child abduction situations. • DARE Show and Shine is August 4t" at Twin Creeks Park. • There have been several car break -ins recently. They have suspects and will be contacting them soon. CAP080912 Page 7 City of Central Point City Council Minutes July 26, 2012 Page 7 Parks and Public Works Director Matt Samitore reported that: • Stephanie Holtey has worked very hard to receive the Level 6 rating from FEMA. We are all very proud of the work she has done. She is already looking for ways to improve to a Level 5. There are very few communities in the nation that have a Level 6 rating. • Dan and Joyce Tires have applied for a Business License with the City. They will be required to maintain DEQ standards regarding the amount of tires they are allowed on the property. • There are citizens in Central Point East who have purchased a type of ramp for their drive ways. Evidently the rolled curbs in that subdivision are hard on vehicles. Staff is concerned with these ramps because the street sweeper cannot get to the curb when they are in place, and they do not have a big enough passage for storm water to pass through. He asked Council to drive by these homes because the issue may come before them at a future meeting. Assistant City Manager Chris Clayton reported that • Several roofs are being replaced on buildings in Pfaff Park. • Staff will be ready to discuss department goals at the September Study Session. • The solar panels are in place on the Vilas Reservoir. XIII. EXECUTIVE SESSION Kelly Geiger made a motion to adjourn to Executive Session under ORS 192.660 (2)(d) Labor Negotiations. Allen Broderick seconded. All said aye and the meeting was adjourned to executive session at 9:00 p.m. The Council returned to regular session at 9:32. XIV. ADJOURNMENT Kelly Geiger moved to adjourn, Allen Broderick seconded, all said "aye" and the Council Meeting was adjourned at 9:33 p.m. The foregoing minutes of the July 26, 2012, Council meeting were approved by the City Council at its meeting of August 9, 2012. Dated: Mayor Hank Williams ATTEST: City Recorder CAP080912 Page 8 Good Neighbor Day Proclamation WHEREAS, Citizens of Central Point gave big hearts and we care about each other; and WHEREAS, On September 5th, 2-oi; FTD Fforists throughout the United States will be giving awaN thousands of roses in one dozen bunches to customers, asking in return on6 that theN [peep one and give the other II awaN in a gesture of friend ship and goodwi[f; and WHEREAS, through this act of [kindness, new f rienbsbips wif f be f orme6 an6 a message of brother[ love will be shared. WHEREAS, understanding, love, and respect bui[d cohesive f amides and communities. These same bonds cement our Nation, and the nations of the word. WHEEREAS, For most of us, this sense of communitN is nurtured and expressed in our neighborhoods where we give each other an opportunitN to shave and fee[ part of a [arger f ami[N. We cannot expect to have good neighbors, unless we are reAN to be good neighbors, to go out of our waN to extend friendship and support to those who five near us. Each of us is our neighbors neighbor —and the responsibifitN for buifding a happier, five[ier, f u[fer fife in each of our communities must rest with each of us. NOW THER.EFORE, I, Hank Williams, Ma2gor of Central Point, ao hereby aec[are September 5, 2oi2, as "Gooa Neigbbor Dad" In Central Point and urge a[[ citizens to commit to increasing awareness and under- standing of the faces of hunger, and commit to assist in eliminating it from our community . OAIN WITNESS WHEREOF, I herebN set mN hand this daN , of August, 2.0I2. Mgor Hank Wiffiams City of Centraf Point CAP080912 Page 9 Resolution Annexation of 5.93 CAP080912 Page 10 City of Central Point, Oregon 140 S 3rd Street, Central Point, OR 97502 541.664.3321 Fax 541.664.6384 www.centralpointoregon.gov AGENDA ITEM: FILE NO: 13001 STAFF REPORT August 9, 2012 Community Development Tom Humphrey, AICP Community Development Director Annexation and R -1 -6 zoning of the Shepherd of the Valley Catholic Church property comprising 5.93 acres. The physical address is 600 Beebe Road and is identified on the Jackson County Assessor's map as 37 2W 02 Tax Lot 3100. Applicant: Shepherd of the Valley Catholic Church; Agent: Herb Farber. STAFF SOURCE: Tom Humphrey AICP, Community Development Director BACKGROUND: The Shepherd of the Valley Catholic Church, located at this location for a number of years, recently acquired adjacent property with the intent of a future church remodel project. The Church is requesting annexation before moving forward with the proposed site improvements. The Planning Department sent a letter to area property owners to invite participation in this annexation. No requests have been received. The subject property is adjacent to the city limits along the west property line as illustrated by the site map, Attachment A. Currently the subject property is zoned by Jackson County as Rural Residential 5 (RR -5), designated R -1 -6 Residential Single - Family in the Urban Growth Boundary (UGB) and when annexed, will have this zoning classification. A church is a permitted use in the R -1 -6 zoning district. AUTHORITY: ORS 222.125 authorizes annexation of property contiguous to cities when all of the owners of land and majority of electors consent. CPMC 1.20 vests the City Council with the authority to order the annexation of unincorporated territory in the Urban Growth Boundary into the City of Central Point. This annexation is a `full consent annexation' since the property being annexed is owned by the Shepherd of the Valley Catholic Church and the church has consented to the annexation. Annexation Criteria: 1. Written Consents: The annexation application includes written consent to annex from 100% of the property owners and a majority of the electors within the annexation CAP080912 Page 11 territory, who have signed the annexation petition, which is evidence of written consent to annexation (Exhibit C). Accordingly, pursuant to ORS 222.125 and CPMC 1.24.020, the City Council may order the annexation without notice, hearing or election. 2. Contiguous to City Limits: Pursuant to ORS 222.111, territory proposed for annexation must be contiguous to the City or separated from it only by a public right -of -way or a stream, lake or other body of water. The subject annexation area is contiguous to Central Point to the west. Within Urban Growth Boundary (UGB): The annexation territory is within the Urban Growth Boundary of Central Point and is in compliance with the City - County Urban Growth Boundary and Policy Agreement of September 1984 and amended in 1998. 4. Orderly Provision of Public Facilities: The City - County Urban Growth Boundary and Policy Agreement requires that, in considering an annexation, urban facilities and services must be adequate in condition and capacity to accommodate the additional level of growth allowed by the Comprehensive Plan within the annexation area prior to or concurrent with the development. Public Works has reviewed the existing public facilities and their proximity to the annexation area and concluded that public facilities can be provided or extended to the site. Any future enhancements of these facilities made necessary by development of the annexation area will be the responsibility of the developer and regulated through the City's land use application process. This will result in an orderly provision of public facilities to the annexation area. 5. Duly noticed and advertised notice of public hearing: Pursuant to ORS 222.120 notice of the August 9, 2012 hearing before the City Council was published twice, July 26, 2012 and August 2, 2012, in the Mail Tribune newspaper and notice was posted in four (4) public locations. In addition, on July 20, 2012 notice was mailed to each property owner of record within 100 feet of the proposed annexation. ISSUE: None ATTACHMENTS: Attachment "A "- Graphic Illustration of the subject property Attachment "B "- Resolution No. Ordering Annexation Exhibit A: Written Description Exhibit B: Annexation Depiction Map Exhibit C: Annexation Petition ACTIONS: Consider the request to annex approximately 5.93 acres located at 600 Beebe Road. RECOMMENDATION: Approve Resolution CAP080912 Page 12 F_1i as] MIM1:4ki III r_1 Legend r' Shepherd of the Valley Catholic Church City Limits Central Point Shepherd of the Valley Catholic Church Annexation CAP080912 Page 13 RESOLUTION NO. A RESOLUTION TO ANNEX 5.93 ACRES, LOCATED AT 600 BEEBE ROAD AND IDENTIFIED ON THE JACKSON COUNTY ASSESSOR'S MAP AS 37 2W 02, TAX LOT 3100. APPLICANT: SHEPHERD OF THE VALLEY CATHOLIC CHURCH RECITALS: ATTACHMENT B A. The Shepherd of the Valley Catholic Church owns approximately 5.93 acres land of generally described by Exhibit A, which is not located within the City of Central Point city limits. The Central Point City Council (the Council) is authorized under ORS 222.120 to hold a public hearing for annexation proceedings without an election for annexation. B. On August 9, 2012 the Council conducted a duly noticed public hearing on the annexation application, at which time it reviewed the City staff report, heard testimony and comments on the application to annex the 5.93 acre property specifically described in attached Exhibits "A" Written Description and Exhibit "B" Annexation Depiction Map. C. The City Manager, or designee, will transmit a copy of this resolution to the Oregon Secretary of State, and this annexation is effective when filed with the Oregon Secretary of State pursuant to ORS. 222.180. D. This annexation is a full consent annexation as the church has petitioned for and consented to the annexation, attached petition Exhibit "C ". The City of Central Point resolves as follows: Section 1: The Shepherd of the Valley Catholic Church property at 600 Beebe Road, described in the above recitals and set forth in attached Exhibits "A" and "B" is proclaimed to be annexed to the City of Central Point. Passed by the Council and signed by me in authentication of its passage this day of , 2012. Mayor Hank Williams ATTEST: City Recorder Resolution No. 08092012 CAP080912 Page 14 Property Description Shepherd of the Valley Catholic Church Assessor's Ma-* Vo 3ZZ!Lj2-jLi0(L—LV AtAwf "g,,j Farber Surveying 431 Oak Street Central Pyk", uAmWj-,,j7t-I (541) 664-5599 RENEWAL DATE 12-31-13 CAP080912 Page 15 1� a1 ago V 13VMI IRE09-95 ON ISNI cal 5 rn ea &6909—LOOZ 'ON 'WJl 'Z PW-d avmoe mod iva1N3o m Adol --.Zo — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — _ ______________ _®. — — — - yO_ td CAP080912 Page 16 11 The undersigned hereby request and consent to the annexation to the City of Central Point, Oregon, of the real property contiguous thereto described in Exhibit "A" attached hereto and by this reference made a part of the within petition. By their signature hereto, the undersigned certify that they are either "owners," land in the territory proposed to be annexed as described in Exhibit "A", or are "electorsi registered in the territory proposed to be annexed as described in Exhibit 'W'. This petition, containing the request and consent to said annexation, must be filed with the Central Point City Council on or before the date of the public hearing to be held upon the proposed annexation pursuant to ORS, 222.120. "Elector" is defined in said statute as an individual qualified to vote under Article 11, Section 2 of the Oregon Constitution, which in turn requires that the individual be 18 years of age or older, a resident of the area in uestion an, Ili rej stj 'ji IgAr-If I I U.N4,14 tumimm n Wt*1421124 sI*Ao4## Annexation Petition Revised 9/26/06 X:\F&SDB\Info Files\City Central Poft \Application&Documents\CCP - Annexation Petition.doc CAP080912 Page 17 [Mill I i - A :111111,- �Iijq 1 Jlluw&� -Ulm= CAP080912 Page 18 STAFF REPORT ITEM: STAFF REPORT August 9, 2012 Community Development om mphrey, A1CP Community Development Director Second Reading of an ordinance approving the Greater Bear Creels Valley Regional Plan, including adoption of a Regional Plan Element as a new element of the City of Central Point Comprehensive Plan, and amendment to the Zoning Ordinance adding Section 17.71 Agricultural Buffering, an amendment to the Comprehensive Plan Land Use Map designating the Urban Reserve Areas, and approval of an Urban Reserve Management Agreement between Jackson County and the City of Central Point (File No. 09017 and 12015). Applicant: City of Central Point STAFF SOURCE: Tom Humphrey AICP, Community Development Director BACKGROUND: On December 22, 2008, after many years of discussion it was agreed by all participants that the Greater Bear Creek Valley Regional Plan ( "Regional Plan ") was ready for final review. By Ordinance No. 1923, the CIO,- of Central Point, along with other participants, signed the Greater Bear Creek Valley Regional Problem Solving Participant's Agreement ( "Agreement "). This agreement formalized the conditions for completion of the final draft of the Regional Plan. On September 8, 2011 the City Council, with a recommendation from the Planning Commission, approved Resolution No. 1312 forwarding a favorable, and final recommendation to the County Planning Commission to approve the Regional Plan. The City Council's recommendation included four (4) suggested text changes. The County, with the exception of the recommendation to modify the timing for adoption of an Area of Mutual Planning Concern agreement for the Gibbon Acres area, accepted (in principle) the City's recommendations. On November 23, 2011the Jackson County Board of Commissioners approved the Plan, which, as instructed in the Agreement, became the final adopted Greater Bear Creek Valley Regional Plan. Included in the adoption of the Regional Plan the County Board of Commissioners also adopted a new Regional Plan Element, amended the Comprehensive Plan maps to identify the urban reserve areas, amended their Land Development Code, and approved the Urban Reserve Management Agreements. On June 27, 2012 the Jackson County Board of Commissioners adopted amendments to the Regional Plan in response to direction given by the Land Conservation and Development Commission who conducted an informal review of the plan earlier in the year. Exhibit A of the attached city ordinance has been amended to reflect the County's changes. The CIO,- conducted two public hearings prior to this City Council meeting, one with the Planning Commission on July 3, 2012 and the other with the Citizen's Advisory Committee on July 10, 2012. In each case testimony was received from property owners who expressed a desire to be in a URA or who wanted to be removed. Given the findings presented in the staff reports, the Planning Commission and the Citizens Advisory Committee recommended approval of the City amendments to the Council. Page 1 of 3 CAP080912 Page 19 The Council conducted a public hearing on July 26, 2012 and heard from property owners who either supported the Regional Plan and URA 's `as is' or who requested their properties be added. County Commissioner Don S'kundrick and Greg Holmes from 1000 Friends of Oregon spoke in favor of approving the City's Regional Plan Element without any changes. Other information was submitted by staff to support the element without any changes. The Council then closed the public hearing and moved the Ordinance (Attachment A) to a second reading. In accordance with the Agreement, and ORS 197.652 - 656, it is now the responsibility of the remaining participants (cities) to: 1. Amend their comprehensive plans to include a Regional Plan Element; 2. Amend their comprehensive plan map (Land Use Plan Map) to include a map that illustrates the urban reserve areas; 3. Adopt the agricultural buffering ordinance; and 4. Approve an Urban Reserve Management Agreement. These four actions are the subject of the Citv Council's consideration. Findings supporting the Planning Commission's recommendation are presented in Exhibit "E" of the ordinance (Attachment "A "). Once the above is completed by all participants the County will forward the approvals to LCDC for final consideration and action. DISCUSSION: As noted above there are four actions to be taken by the Citv Council. At the July 26'x' meeting each action will be presented and discussed separately as follows: Regional Plan Element (Exhibit "A" of the Ordinance) — The Regional Plan Element will be a new element of the Comprehensive Plan. The purpose of this Element is incorporate applicable sections of the Plan into each participant's comprehensive plan. This is a requirement of ORS 195.137 -145. The text in the Element is either directly quoted from, or references the adopted Plan and subsequent amendments. Comprehensive Plan Land Use Plan Map (Exhibit `B" of the Ordinance) — As part of the Comprehensive Plan modification it is necessary that the Land Use Plan Map be amended to include the urban reserve areas as described in the adopted Plan. For the City of Central Point there are eight (8) Urban Reserve Areas. Urban Reserve Management Agreement (Exhibit "C" of the Ordinance) — Another condition of the Agreement was approval of an Urban Reserve Management Agreement (URMA). The purpose of the URMA is to define and delegate responsibilities between the City and the County for development within the urban reserve areas. Agricultural Buffering Ordinance (Exhibit "D" of the Ordinance) — One of the conditions agreed to in the Agreement is the adoption of an agricultural buffering ordinance by all participants. The attached ordinance (Attachment "A ") consolidates each action into a single decision. Information supporting the decision is presented in Exhibit "E" of the attached Ordinance. Page 2 of 3 CAP080912 Page 20 ISSUES: For each of the above actions the primary issues may be: Regional Plan Element — There exists the possibility of requests for reconsideration of the Urban Reserve Area boundaries. The boundaries have been extensively vetted as detailed in the adopted Regional Plan. The Jackson County Planning Commission held numerous public hearings to discuss the boundaries and any possible changes. Comprehensive Plan Land Use Map — No expected issues other than noted above. Agricultural Buffering Ordinance — Impact of ordinance implementation on development proposals. The ordinance requires the establishment and maintenance of buffer zones ranging from 40 feet to 200 feet in depth, depending on the type of buffer proposed. As written the ordinance only applies to future development within the Urban Reserve Areas. The ordinance does not apply to lands within the City Limits and the existing Urban Growth Boundary. Urban Reserve Management Agreement — No expected issues. ATTACHMENTS: Attachment "A ": Ordinance No. Attachment `B ": Planning Commission Resolution No. 787 Attachment "C ": Citizen's Advison- Committee Resolution No. 2012 -001 Attachment "D ": Correspondence ACTION: Consideration of ordinance. RECOMMENDATION: Approve ordinance upon second reading for: 1. The Regional Plan Element; 2. The amendment of the Land Use Plan Map of the Comprehensive Plan; 3. Section 17.71 of the Zoning Ordinance adding regulations and standards for Agricultural Buffering; and 4. The Urban Reserve Management Agreement. Page 3 of 3 CAP080912 Page 21 ATTACHMENT,, A X��M E. On June 27, 2012, by Ordinance No. 2012-6 the Jackson County Board of Commissioners approved amendments to the Jackson County Regional Plan Element, as well as amendments to the County Comprehensive Plan map and text, consistent with recommendations of the Land Conservation and Development Commission. F. In accordance with the resu Agreement, and as a lt of Jackson County's Ordinance No. 2011-12, the Regional Plan became the adopted Regional Plan. 1. The City of Central Point has reviewed the adopted Regional Plan and in accordance with the Agreement has prepared the following (the "Amendments"); A Regional Plan Element, incorporating the Regional Plan as a new element of the City of Central Point Comprehensive plan; 2. An amendment tote Comprehensive Land Use Plan Map to designate the Urban Reserve Areas; I An amendment to the Central Point Municipal Code by adding Chapter I7.71, Agricultural Mitigation; and Urban Reserve Management Agreement between Jackson County and the City of Central Point. CAP080912 Page 22 IF 911111111 �,ECTION 1. Based on all the information received, the City council adopts the fmdings of fact and conclusions of law presented in Exhibit "E". SECTION 2. The Regional Plan Element (Exhibit "A") as a new element of the City of Central Poiwj Comprehensive Plan is hereby amended, sECTION 3. The Comprehensive Land Use Plan Map designating the Urban Reserve Areas (Exhibit "B") is hereby amended. SECTION 4. The Urban Reserve Management Agreement between Jackson County and the C it y o f Central Point (Exhibit "C") is hereby approved. SECTION 5. Chapter 17.71, as set forth in Exhibit D, establishing regulations for agricultural buffering, is added t o t he Central Point Municipal Code. • 11 P, ssage Yms '5Tfi—cffy-M MINI XWjEM= Ket ur n t o Agenda CAP080912 Page 23 2«»2>« allw ? COMPREHENSIVE P ±> }\y of Central P o }n \ Comprehensive Plan + #!#>! <v waf£w Ordinance No. «»«\ August « 2012 cgm92 Page 24 'The Greater Bear Creek Valley Regional Plan (the "Regional Plan") is the product of4I kkw, r !ounty ♦ address Central Point, Eagle Point, Medford, Phoenix, Talent, and Jackson County to address long-term urbanization needs of the region, including the establishment of goals an policies. which affect the form and function of future urban-level development and the creation of an Urban Reserve UR for each of the c' h r h # 1. fflizil��� On December 22, 2008, by Ordinance No. 1923, the City of Central Point signed the Greater Bear Creek Regional Problem Solving Participants'Agreement acknowledg- ing and supporting the continued efforts in completing and adopting a long-term re- gional plan for the continued urbanization in the Greater Bear Creek Valley. �*MffffWj_ — — RIM', WWWAIM"I'VII V91=071 - tire Greater Bear Greek Valley Regional Plan (Regional Plan) 1, and to incorporate those sections of the Regional Plan that are applicable to the City of Central Point, and in so doing commence implementation of the Regional Plan. # i M I The entirety of the Regional Plan can be found in the Jackson County Comprehensive Plan. 2 Greater Bear Creek Valley Regional Plan, Chapter 1, Section 5.3.2 City of Central Point Regional Plan Element Page 2 of 27 CAP080912 Page 25 VAITMMI Sections 3.1 and 3.2 are extracted verbatim frp Urban Reserve Areas discussed in this section can be found in Appendix A, Urban Re- serve Map of this Element. For a detailed description of the selection process, refer to Appendix B, Urban Reserve Selection Process. I MWA k'IVIA,#1 4,14al:W*1 ,I Rapid growth in the early 1990s led to the creation of the Central Point Strategic Plan, adopted in 1998. The plan establishes a vision to preserve the City's small town charac- ter and community values, and to enhance community life. - ulation Allocation. increase is relative to estimated base 2010 population. ljg��INFHIRMHWHR CAP080912 Page 26 Pr w _.rfYj1 't a iardfice joDs anci benchmarks housing, and to provide more immediate services to a growing population. Consistent with in Central Point's comprehensive plan, the current level of 9 to 10 acres of employment land per 1,000 residents will be increased to 15 acres per 1,000 residents. state transportation, warehousing, and distribution firms. Recent development in- cludes the USF Reddawa tru 0 B CAP080912 Page 27 i-'Iff–e-C—ityof Central t1oint shares its eastern and southern boundaries with the City of Medford, precluding growth in those directions. See, Atlas Map 2 Oackson County Comprehensive Plan MILE loprovideforanor eriy and efficient transitionfrom rural to urban land use." W- —j . -U,.. ITian Growr ounaary xm♦�' ■ CAP080912 Page 28 CP-IB 544 441 U 0 CP-213 325 282 C]P-4D 83 52 City of Central Point Regional Plan Element Page 6 of 27 CAP080912 Page 29 K�Ma . ...... ..... CP-6A 444 386 L "kV -TOTAL 1,721 1,492 Central Point currently lacks attractive and suitable sites for new industrial develop- ment. The Tolo area's industrially-zoned sites could accommodate new industries and the expansion of existing industrial uses. The properties in this area are currently planned and zoned for industrial use by Jackson Countv and mai be develo I - - In 2008, Jackson C nt"r"Tme, Ob—" lm� . IMI, CAP080912 Page 30 I C&Cj CAIbLb 11Cd1_ L11C 11ILercnange for the Cross Creek Trucking Company. The Hilton Fuel and Supply Company and North Valley In- dustrial Park are also, with Erickson Air Crane, significant existing employment lands within the CP-113 area. AR E4 CM C (SCENIC ROAD AREA) This study area consists of about 70 acres located near the northwestern corner of Cen- tral Point's corporate city limits and UGB. It extends from Jackson Creek to Griffin Creek, with Scenic Avenue defining its southern edge. ► CAP080912 Page 31 � Page 9 of 27 CAP080912 Page 32 # LL in storm drainage from the exception area south of Wilson Road and from other areas closer to Bear Creek. PUMP (?rotect CP-2B's natural resources by incorporating them into a master plan, and will al- so require agricultural buffers to protect nearby agricultural lands that remain in pro-- duction. CAP080912 Page 33 East Pine Street (CP-3) Water and sewer infrastructure either ex- ists • is ylanned to serve th �_an%2 _T_ke_E?gg Pine Street Transportation Plan includes recommendations for improvements to the 1-5 interchange and reconfiguration of fair- A-146 01206"WAW "I i 0411 141 PRU 4 1 U-1 I I I I • M I OLIMA4110i I I I 1$ 14 Moir. 1 M t.14 A. )r-th Peninger Road. The 100-year floodplain of Bear Creek within this area does not entirely constrain the site but may limit uses to regional parks, open space or tourist commercial uses. Conse- quently, the area is concluded to be, in the balance, suitable under Goal 14 for an Urban Reserve designation. grq-tj M-i j CAP080912 City of Central Point Regional Plan Element Page 12 of 27' CAP080912 Page 35 AREA CP-6B (BEALL LANEAREA) This 188-acre area is located immediately south of CP-6A which, along with Beall La defines its northern boundary. The southern boundary is defined by Sylvia Road, itsl DUMI MMMIUMM CAP080912 Page 36 west boundary is Old Stage Road, and the east boundary is defined by the 100 -year floodplain of Jackson Creek which runs along Hanley Road. Current plan designations are primarilLr Rural Residential, with two develoyed areas that tural. T Citv aprees to comWia IMMM ljg��Mufjmrqj—j M-1 i CAP080912 Page 37 0, 4.1.1. County Adoption. Jackson County shall adopt the Regional Plan in its entire- ty into the County Comprehensive Plan and implementing ordinance. 4.1.2. City Adoption. All participating jurisdictions shall incorporate the portions of the Regional Plan that are applicable to each individual city into that city's comprehensive plan and implementing ordinances, and will reference the Plan as an adopted element of Jackson Countys Comprehensive Plan. 4.1.3. Urban Reserve Management Agreement. Participating jurisdictions desi nating an Urban Reserve Area (URA) shall adopt an Urban Reserve Manage- ment Agreement (URMA) between the individual city and Jackson County pe Oregon Administrative Rule 660-02 1-0050. Adoption shall occur prior to or simultaneously with adoption of the URAs. I 4.1.4. Urban Growth Boundary Management Agreement. If there is an incon- sistency between this Plan and an adopted Urban Growth Boundary Manage- ment Agreement (UGBMA), the city and Jackson County shall adopt a revised UGBMA. When an inconsistency arises, provisions in this Plan and associated URMA shall override the provisions in the UGBMA, until the UGBMA is updat- ed. 4.1.5. Committed Residential Density. Land within a URA and land currently within an Urban Growth Boundary (UGB) but outside of the existing City Limit shall be built, at a minimum, to the following residential densities. This re- quirement can be offset by increasing the residential density in the City Limit. 7.5 CAP080912 Page 38 10M,-EM 1111111������������ 4.1.5.1. Prior to annexation, each city shall establish (or, if they exist already, shall adjust) minimum densities in each of its residential zones such that if all areas build out to the minimum allowed the committed densities shall be met. This shall be made a condition of approval of a UGB amend- -cient. 4.1.7.1. Transportation Infrastructure. The Conceptual Transportation Plan shall identify a general network of regionally significant arterials under local jurisdiction, transit corridors, bike and pedestrian paths, and asso- ciated projects to provide mobility throughout the Region (including intracity and intercity, if applicable). CAP080912 Page 39 through the UGB amendment. '�.1.8.3. Transportation Infrastructure. The Conceptual Land Use Plan shall include the transportation infrastructure required in Section 4.1.7 above. 4.1.8.4. Mixed Use/Pedestrian Friendly Areas. The Conceptual Land Use Plan shall provide sufficient information to demonstrate how the commit- ments of Section 4.1.6 above will be met at full build-out of the area add- ed through the UGB amendment. 4.1.9.1. CP-113. Prior to the expansion of the Central Point Urban Growth Boundary into the CP-1B area, ODOT, Jackson County and Central Poi shall adopt an Interchange Area Management Plan (IAMP) for the Sev Oaks Interchange Area. I 4.1.9.2. CP-4D. Use of CP-4D is predominantly restricted to open space and park land with the exception of an existing one acre homesite. 4.1.9.4. CP-613. Development of the portion of CP-6B designated as employ- ment land is restricted to Institutional uses. CP-113, CP-1C, CP-213, CP-3, CP-4D, CP-6A, CP-6B. Prior to the expan- sion of the Central Point Urban Growth Boundary into any Urban Reserve Area, the City and Jackson County shall adopt an agreement (Area of Mu- tual Planning Concern) for the management of Gibbons/Forest Acres Un- incorporated Containment Boundary. 4.1.10. Agricultural Buffering. Participating jurisdictions designating Urban Reserve Areas shall adopt the Regional Agricultural Buffering program in Vol- ume 2, Appendix III into their Comprehensive Plans as part of the adoption of the Regional Plan. The agricultural buffering standards in Volume 2, Appendix III shall be adopted into their land development codes prior to a UGB amend- ment. 1 ,e.1.11. Regional Land Preservation Strategies. Participating jurisdictions have the option of implementing the Community Buffer preservation strategies listed in Volume 2, Appendix V of the Regional Plan or other land preservation szm ,� Z,= Z CAP080912 Page 40 4.1.12. Housing Strategies. Participating jurisdictions shall create regional housing strategies that strongly encourage a range of housing types through- out the region within 5 years of acknowledgement of the RPS Plan. 4.1.13. Urban Growth Boundary Amendment. Pursuant to ORS 197.298 and Oregon Administrative Rule 660-021-0060, URAs designated in the Regional Plan are the first priority lands used for a UGB amendment by participating ies. Land outside of a city's URA shall not be added to a UGB unless the general use intended for that land cannot be accommodated on any of the city's URA land or UGB land. 4.1.14. Land Division Restrictions. In addition to the provisions of Oregon Ad- ministrative Rule 660-021-0040, the following apply to lots or parcels which are located within a URA until they are annexed into a city: M�� 3MMM, 4.1.14.2. Development on newly created residentially zoned lots or parcels shall be clustered to ensure efficient future urban development and pub- lic facilities, and this shall be a condition of any land division; 4.1.14.3. Land divisions shall be required to include the pre-platting of future lots or parcels based on recommendations made by the city government to which the urban reserve belongs; 4.1.14.4. Land divisions within a URA shall not be in conflict with the trans- portation infrastructure identified in an adopted Conceptual Transporta- tion Plan; and 4.1.14.5. As a condition of land division approval, a deed declaration shall b m signed and recorded that recognizes public facilities and services will bII limited as appropriate to a rural area and transitioned to urban provide in accordance with the adopted k- 1... 4.1.15. Rural Residential Rule. Until the City of Ashland adopts an Urban Re- serve Area, the minimum lot size for properties within 1 mile of the Urban Growth Boundary of Ashland shall continue to be 10 acres, as outlined in Ore- gon Administrative Rule 660-004-0040(8) (c). City of Central Point Regional Plan Element CAP080912 Page 41 4.1.17. Greater Coordination with the RVMPO. The participating jurisdiction:-5- shall collaborate with the Rogue Valley Metropolitan Organization (RVMPO) to: 4.1.17.1. Prepare the Conceptual Transportation Plans identifi ed in Section 4.1.7. 4.1.17.2. Designate and protect the transportation infrastructure required in the Conceptual Transportation Plans identified in Section ensure adequate transportation connectivity, multimodal use, and minimize right of way costs. 4.1.17.3. Plan and coordinate the regionally significant transportation strate- gies critical to the success of the adopted Regional Plan including the de- velopment of mechanisms to preserve rights-of-way for the transporta- tion infrastructure identified in the Conceptual Transportation Plans; and Establish a means of providing supplemental transportation funding to mitigate impacts arising from future growth, 1. 1 B. Future Coordination with the RVCOG. The participating jurisdictio shall collaborate with the Rogue Valley Council of Governments on future r gional planning that assists the participating jurisdictions in complying wi the Regional Plan performance indicators. This includes cooperation in a r gion-wide conceptual planning process if funding is secured. I Expo. During the first Coordinated Periodic Review process for the Re- gional Plan, Jackson County shall consider including the land occupied by the Jackson County Expo to the City of Central Point's Urban Reserve Area. NME ►* Page 19 of 27 CAP080912 Page 42 - a M t # # # mm� NOMEm � M3=1 CAP080912 Page 43 Page 20 of 27 WAMMAnit, mm� NOMEm � M3=1 CAP080912 Page 43 Page 20 of 27 4.2. INCENTIVES AND DISINCENTIVES ORS 197.656(2)(B)(D) The state requires that participants in an RPS process delineate the factors, mecha- nisms, or outcomes that constitute the most compelling reasons for participants to comply with the Regional Plan over the identified planning horizon. Accordingly, the Participants have agreed to the following: 4.2.1. INCENTIVES 42.1.1. Continued regional cooperation through the 5-year review process and 10-year coordinated periodic review may improve the region's abil- ity to respond to challenges and opportunities more effectively than it does presently. 4.2.1.3. Adherence to the adopted Regional Plan may produce significant r ductions in transportation infrastructure costs by minimizing future right-of-way acquisition costs, encouraging mixed -us e/pedestrian- friendly development, and improving the overall long-range coordinati of transportation and land use planning. I 4.2.1.4. Adherence to the adopted Regional Plan will provide participatin jurisdictions with population allocations that are predictable, transpa ent, and based on the relative strengths of the different participating j risdictions. I 4.2.2. DISINCENTIVES 4.2.2.1. The region's failure to adhere to the adopted Regional Plan may damage its competitive advantage, the attractiveness of w to long-term investment, and southern Oregon's profile in the state. 4.2.2.2. Adherence to the Regional plan may be a rating factor for MPO Transportation Funding. Transportation projects of jurisdictions not ad- hering to the a e dopted Rgional Plan may be assigned a lower priority by the MPO when considered for funding. 312�1=111111 ZMAMM CAP080912 Page 44 4.2.2.3. Jackson County may reconsider the population allocations of juris- dictions signatory to the Agreement not adhering to the adopted Regional Plan. 4.2.2.4. Participating jurisdictions not adhering to the adopted Regional Plan will need to provide corrective measures in order to have a UGB amend- ment approved by the County. 4.2.2.5. The failure of a participating jurisdiction to adhere to the adopted Regional Plan will compromise its ability to implement the concept of thit "Regional Community", and will not provide the participating cities with as wide a latitude in their desired individual mix, concentration, and in- tensity of land uses. .3.2. Coordinated Periodic Review. On a regular basis, beginning in 2022 and every 10 years thereafter the participating jurisdictions in the Regional Plan may, at their discretion, participate in a process of coordinated Periodic Re- view. This process may be initiated by any of the participating jurisdictions but requires agreement between all participants to proceed. CAP080912 Page 45 4.4.1.1. If a Regional Plan Progress Report indicates that a particular city is not meeting the performance measures, the city shall propose correctiv.; measures as an addendum to the Regional Plan Progress Report. The corrective measures shall be approved by the Policy Committee. 4.4.1.2. Cities that choose to expand their UGBs into land not designated as URA will be required to go through the Regional Plan minor or major amendment process prior to or concurrent with any other process. I 4.4.1A A proposal for an UGB amendment will be required to demonstrate how the Regional Plan performance indicators have been met. A UGB amendment will not be approved by the County unless the Regional Plan performance indicators have been met or corrective measures are proposed which demonstrate how the performance indicators will be met. 4.4.1.6. A UGB amendment to add land not designated as a URA shall only be considered through a quasi-judicial application when the land to be added is industrial. NR��� CAP080912 Page 46 4.4.3.1. Minor Amendment. A minor amendment is defined as any request for an amendment to the adopted Regional Plan that does not conflict with the performance indicators and does not propose an addition of more than 50 acres to a city's URA established in the adopted Regional Plan or more than a 50-acre expansion of the UGB into non-URA land. —OW v amendment. CAP080912 Page 47 a 4.4.3.2. Major Amendment. A major amendment is defined as any the definition of a Minor Amendment. If multiple signatory jurisdictions are involved in a single request for a �;&i* r kiJkod I-Awimwi: -S whQog 44 risdictions. 1, 1 N11wier ine proposal and, Ine-l-echnical Advisory Committee recommendation. The Policy Committee shall generate a rec- *mmendation to Jackson County by vote of at least a supermajority of a orum (simple majority plus one). 1111 1 i I # RZERSZ'• r� CAP080912 Page 48 City's Urban Reserve Areas will be regulated in accordance with the URMA. The ap- proved URMA for Central Point's Urban Reserve is presented in Appendix C of this ele- ment. Development within the Tolo Area is currently regulated by an existing Urban Growth Boundary Management Agreement (UGBMA). A review of the current UGBMA finds that there are no inconsistencies between the UGBMA, the Regional Plan, and the URMA. A copy of the UGBMA is presented in Appendix D. NME�'r M CAP080912 Page 50 Urban Growth Boundewir Reekkewilial mixed use Commercial brifuntital Civic and Open Space DUrban RessiveAriews Vary Low Density t t TOD Corridor 0 Neighborhood Corrinewl Light a Parts and Open Sense Future Land Use Low Density 0 TOD District N Community Conomintint •P Cereal ff Cwn, subject to the Regional 10, Medium Density 0 Gansad Crournercial Plan Element and URMA W High Density Central Point ComPrehensive Land Use Plan RMITT ".. um CAP080912 Page 51 A 12LAR's V; I M111f) 19"M 00i KIIII 3101 ONM K1128 M Stu Do into intergovernmental agreements and are required to prepare and adopt Comprehensive Plans consistent with Statewide Planning Goals; and their rights and responsibilities within the Urban Growth Boundary (UGB) and outside the incorporated City boundaries and this Agreement remains in full force and effect; and W rural to an urban character; and WHEREAS ORS 190-003, et seq. requires that an intergovernmental agreement relating to the y.,.aif*AnmY#e_*f fJnoi*:-vmf _ ;. i Cv , shall specify the responsibilities between the parties; Non-resource Land: Land that is not subject to the statewide Goals listed in OAR 660-00 00 1 0(l )(a) through (g) except subsections F47M T Tprenensive F lan text and maps, adoption and amendment of land use regulations, and quasi-judicial li,rocessing of land use actions. through (g) except subsections (c) and (d). CAP080912 Page 52 11 rban Growth Boundary (UGB): The boundary separating urban and urbanizable lands in and adjacent to City from rural lands under County jurisdiction. Urban Growth Boundary Management Agreement (UGBMA): The current agreement boundary. Such agreements may be alternatively referred to as "Urban Growth Management Agreements" "Urban Growth Boundary Agreements" (UGBAs), "Urban Area Management Agreements" (UAMAs) and "Urban Growth Boundary and Policy Agreement (UGBPAs). Urban Reserve (UR): Lands 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. 2. Intent and Purpose of Agreement D. Minimize impacts to property owners, local governments and service providers related-0-t the transition of property from within the Urban Reserve to within the Urban Growth Boundary. 3. Urban Reserve Planning and Zoning declaration acknowledging that existing or proposed development on their CAP080912 Page 53 U public utilities and streets. B. Per OAR 660-021-0040(3), for exception areas and non-resource land in the UR, zone amendments allowing more intensive uses, including higher residential density, than permitted by acknowledged zoning at the time ► execution of this Agreement shall not be permitted. This regulation shall remain in effect until such time as the land is annexed into the City. C. Per OAR 660-021-0040(4), resource land that is included in the UR shall continue to bg planned and zoned under the requirements of applicable Statewide Planning Goals. A. Per OAR 660-021-0050(l), unless otherwise agreed to, designation of the local government responsible for building code administration, enforcement of land use ordinances, and land use regulation in the Urban Reserve shall be: (i) Prior to inclusion within the UGB MEMO", IM am 9�1 Tt. Per OAR 660-021-0050(2), designation of responsibility for the current and future provision of sewer, water, fire protection, parks and recreation, road maintenance and improvements, and stormwater facilities within the UR are described below and shown on the map attached hereto and incorporated herein as "Exhibit L" C. Per OAR 660-021-0050(3), the terms and conditions under which responsibility for the provision of urban faces and services will be transferred or expanded in the UR are described in Section 5, below. D. Per OAR 660-021-0050(4), and to ensure involvement ► affected local governments and special districts, procedures for notification and review of land use actions in the UR to ensure involvement by affected local governments and special districts are as follows: kii) Upon request for comments on a land use action in the UR, City and any other affected local governments and special districts will have an opportunity to recommend approval, recommend approval with conditions, or recommend denial of the land use action. In consideration of City's comments, County will CAP080912 Page 54 UR area from rural to urban land uses. (iii) County staff will incorporate any comments received into the staff report and present them to the initial and final hearings body. Additional comments by City or other affected local governments, or special districts, concerning the land use action will be heard and considered as part of County's land use hearing process. 191 C. F i r e Protection. Jackson County Fire Protection District #3 has primary responsibility fire protection services within the UR and the UGB. City has primary responsibility for fire protection services within the city limits. The attached map (Exhibit 1) depicts the boundaries described above. D. Parks and Recreation. County provides parks and recreation services outside of City's limits (including the UR and UG.B), while City provides these services within City's limits MUMMER= CAP080912 Page 55 road(s) and regardless of when and how the road(s) became county roads. The transfer shall occur without compensation and City shall not impose other conditions that mi,2bt otherwise be allowed under OR 37J.274�4�, Con ensure Me pavemem: conaition ol me road(s) is in good or better condition at the time of the transfer as determined by county's Pavement MnaZement GrWing System. • Grant Road, Beall Lane to 2660'North of Taylor • Scenic Avenue, Hwy •9 to 230' West of Hwy ♦ 9 • Taylor Road, 200' West of Silver Cr. Dr. to Grant Rd North • Upton Road, Peninger Road to 2380'East of Peninger • Wilson Road, Table Rock Road to 480'West For county roads within City's limits or UGB not listed above, City shall not be required to assume jurisdiction as part of this Agreement. (ii) State Highwqys. The Oregon Department of Transportation (ODOT) maintains state highways within the UR. ODOT retains jurisdiction and maintenance responsibilities on all state highways in the UR after inclusion within City's UGB and after annexation by City except where jurisdiction is transferred to City or County by separate agreement. F. Stormwater Management. County provides limited, if any, public stormwater management services within the UR. City provides stormwater management services within the City's limits. Transition of public stormwater management responsibilities from County to City will occur upon annexation by City. The attached map (Exhibit 1) CAP080912 Page 56 —T managemen services until annexation by City. H. 5ervice Expansion Plans. As the future provider of water, sewer, parks and recreation, road maintenance and improvement, and stormwater management services in the UR, City shall prepare and update service expansion plans and these plans shall be consistent with the UGBMA between City and County. These plans shall provide a basis for the extensiR n of services within the UGB and shall be referred to County for comment. 6. Review, Amendment and Termination of this Agreemen) 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 1►0C will meetjointly in an attempt to resolve thR se 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 the Urban Reserve. Such termination shall proceed through a properly noticed public hearing process. JACKSON COUNTY BOARD OF COMMISSIONERS CITY OF CENTRAL POINT CITY COU1JCIL CAP080912 Page 57 County Counsel NWAM= CAP080912 Page 58 MUM i CAP080912 Page 59 IlliqIIIIIIIIIIII CAP080912 Page 60 City of Central Point i f , nnnxmc�l= 17.71. URBAN/AGRICULTURAL CONFLICT MITIGATION The regulations in this section apply to urban land in the urban growth boundary that was added from the urban reserve shown in the Regional Plan Element of the Comprehensive Plan. The basis for these regulations can be found in the Greater Bear Creek Valley Regional Problem-Solving Plan (Regional Plan), Volume H, Appen III. I pg�= i - The purpose of these standards is to mitigate the potential for conflict be- tween farming activities and urban uses. These provisions implement a p cy mutually adopted by the City and Jackson County in the Regional Plan. The mitigation provisions of this Section seek to achieve the following objec- tives: duction activities. 2. Minimize the potential for complaints about agricultural practices and activities. 3. Ensure the continued use of agricultural land for a e l us agricultur s. 4. Minimize potential conflict by developing a well-defined boundary between agricultural and urban uses. The best boundary will be one that minimizes conflict in both directiots. 17.71.200 Definitions The following definitions apply only to this Section A. Agricultufail Land Uses. The use of land for the cultivation and husbandry of plant and animal prod- ucts, including agricultural activities permitted on land zoned Exclusive Farm Use (EFU). a. Intensive Use (11. The agricultural lands in this category: H. Support existing or scheduled plantings of long-term crops with a height at maturity exceeding four (4) fei i Are composed of predominately Class IV soils, can demonstrate an unbroken or essentially unbroken 25- year history of agricultural inactivity or grazing use, a which have either of the following: (i) greater than 50014 CAP080912 Page 61 MMMMME�= 1014GA11014141 IKIM 19*16 MR34y IM i livism VINI to VIVIO1 I H. Are composed of greater than 50% of Class VI or poorer soil; or iii. Are outside of an irrigation district's boundary and out- side of areas suitable for future expansion of a district, as determined • the district. V.. Mitigation Area. A management zone of varying size, shape, and characteristics between dif- ferent land uses that uses combinations of mitigation elements to buffer be- tween agricultural land and urban land uses. C. Mitigation Element. A physical or legal feature within a mitigation area that mitigates an adverse impact. A gation element may consist of vegetation, transportation and utility corridors, natural barriers, deed restrictions, or other natural or man- made features. D. Spray 12ri . The airborne movement of agricultural chemicals onto a non-target area. FAMM11 RTZ-17#1 M "t rgm 910�.M W MZM= f. Public or quasi-public use, such as library, park, etc, a. Commercial use, except for any defined as higher- sensitivity urban receptor. NOMMIFE CAP080912 Page 62 City of Central Point Agricultural Buffering Ordinance MUNITIMM A. UrU Drif . A Principally, spray drift is caused by agricultural chemical use, but can apply to urban use of agrochemicals. Separation between urban and agricultural uses is the preferred tool to mitigate the impact of the spray drift, employing either large setbacks or a combination of smaller setbacks and a tree buffer. I). Dust, Smoke, and Ash. Like odor, this grouping of potential adverse impacts is one of the least im- portant agriculture-related issues in the region, and, like odor, can be ad- dressed by the use of a deed declaration. U�iTM' CAP080912 Page 63 11 UE7001«»v§j 4. Mitigation elements established under this Section shall not be re- moved or reduced unless the adjacent EFU land changes to a non- agricultural zoning district. 1. Map showing the zoning of land adjacent and within two hundred (200) feet of the property proposed for urban development. 2. k« 2*ion of the type and nature of agricultural uses and farm- ing practices, if any, which presently occ«< #»a» ent lands zoned EFU and sources of such information. The information thus re- 0-10M CAP080912 Page 64 b. Type of existing agricultural product produced or sched- uled plantings within one year of projected development completion date. c. Types of agricultural production and practices for the five preceding years. e. Type of agricultural equipment customarily used on the property. 00 wd A 1 #=M M Z _Mkk IWOMMOPM vation Service (NRCS) concerning soils which occur on adjacent lands zoned EFU, and whether the land has access to water for gation. C. Review Process �AIZJ MO&U a. Whether adjacent agricultural uses are intensive or passive at the time the urban development application is filed and accepted by the City; and CAP080912 Page 65 City of Central Point '01 0 1 W09-Mrn MTFAMMMM, -717 FEW Tn=, trf deny the AIAR and its proposals and conclusions. CAP080912 Page 66 City of Central Point w«<©© in interest of property subject to the covenant. The covenant shall be in a form approved by the City. After the cove- RNM= Measures appro, iiate (ohe TAL_ derta eaXIjlicjnJJ".Iji,�j ken bv th -dllj�4iccuig-z-LviiiuitanainaaverEen ag- 7un"41711 »«<!v<«« LLI a,_ ricultural irrigation runoff. shall be undertaken by the applicant when urban development is pro- posed adjacent to land in passive agricultural use: f. Maintenance Program. A restrictive covenant guaranteeing perpetual maintenance as described in Section 17.71.400(D)(2)(0. g. Runoff. Measures as described in Section 1371.400(D)(2) (9). CAP080912 Page 67 Symbol A Key: 41�� 1 Structure LA Tree buffer (by no. of rows) T;UM=- 44 a — P ........... Passive Use Agricultural Land H .......... H CAP080912 Page 68 City of Central Point City of Central Point Figure 2. Three-Row Tree Buffer TRESPASS,4N H I BITING HEDGE/FENCE E� AGRICULTURAL SIDE-- 17.71.500 Mitigation Standards ;j 11111 11;1�, 1 1111 11111111*11 1 1 MIM"= RM T. 11 1. Figure 1 illustrates the tree buffer/setback combination options for applicants. a. The'tree'symbol illustrates the number of rows required under each option. b Minimum structure setbacks are represented by the 'struc- ture'symbol ranged along a linear scale showing distance from the urban/agricultural boundary. Setbacks apply to any structure. Setbacks do not apply to eaves or similar structural elements. CAP080912 Page 69 ■ City of Central Point MANZa "N #A _0"MIX4 2. Fi�gure I does not required when a tree-based buffer is used and when the tree spe- cies in the first row on the agricultural side will not provide suffi- cient foliage cover to ground level. 131MMERMU.-M I - Intensive use agricultural land P - Passive use agricultural land H - Higher-sensitivity urban recept L - Lower-sensitivity urban recept] 4. The letter pairs "I/H "I/L "P/H", and "P/L" indicates the types of agricultural/urban adjacencies that determine the extent and make-up of the tree buffer and setback elements. The options shown under each adjacency type may be used at the discretion of the applicant. 5. Where there is a mix of urban uses, the buffer design shall protect the most sensitive use among them. 1. Three -Row Buffer (as required for I/H, option 1). Depending on the species used, the minimum possible tree buffer width is 50 feet; the maximum is 100 feet. The buffer shall be composed of at least two different conifer species. 2. Two-Row Buffer (as required for I/L, option 1, and P/H, option 1 Depending on the species used, the minimum possible planted buffer width is approximately 40 feet; the maximum is approxi- mately 65 feet. The buffer shall be composed of at least two diffe ent conifer species, I 3. Row Spacing and Offset. The purpose of the row-by-row offset is t1r, mitigate the effect of individual tree mortality and to compensate for the individual differences between trees, i . Offset: Set off the second row by one third the spacing distance of trees (ST) in the first row; set off the third row by another third. Refer to Figure 2 for clarification. ii. Spacing of Rows: The distance between rows will be de- termined using the following formula, where SR is the spacing distance between rows, Di is the widest foliage diameter of the tree species in one row when it reaches a height of 30 feet, and D2 is the widest foliage diameter CAP080912 Page 70 City of Central Point ral Buffering Ordinance Oft e tree species in the next row when it reaches a height of 30 feet: SR= 0.5( DI + D2)+4 j. Offset: Setoff the second row by half the spacing tance of trees (ST) in the first row. Refer to Figure 3 for clarification. Spacing of Rows: Use the same formula as for Three- row Buffers, above. Table 1. Calculation of tree spacing within rows for narrow- and broad-diameter trees Higher-intensity Buffer Narrow Broad Narrow Broad ST = ST = Sr = ST = single-species row 1.25D LID Lwo-specles row 0.625(DI + D2) 0.55(DI + D2, 0.95D 0.80 D = Typical foliar diameter of a tree species when 30 feet tall. The diameter is measured at the widest extent of a pyramidal conifer. ST = Tree spacing within rows; calculated as a multiple of tree diameter. Note: When planting more than two species in a row, use the two species with the widest diameters to calculate spacing. S. Minimum Tree Height at Planting: 5-6 feet, balled and burlapped. 6. Permitted Tree Species. a. Applicants may use any species of conifer trees provided the tree species is resistant to or will not harbor agricultu ally harmful insects or diseases. I b. A list of recommended species is available in the Regional Plan, Appendix III. UUMEHIZIE CAP080912 Page 71 f F♦ f TRESPASS - INHIBITING HEDGE /FENCE RICULTURALSIDE LU . � . "r 27-MLEOM CAP080912 Page 72 City • Central Poll of tree species. 4. Permitted Screening Shrubs. a. Applicants may use any species of screening shrubs provid- ed they are resistant to or will not harbor agriculturally harmful insects or diseases. b. A list of appropriate species is available in the Regional Plan, Appendix Ill. 71gure 4. Buffer Overlapping for Transition MHOM 75 ft. Lower- In a transition between Intensive and Pas- Intensity sive Use parcels, the Intensive Use buffer Buffer will extend 75 feet adjacent to the Passive use parcel before shifting to a Passive-Use buffer. 75 k E. Trespass-Inhibiting Hedges and Fences 1. Hedges and fences may be used separately or in combination to in- hibit trespass onto agricultural land. 2. Hedge Standards a. Spacing and Number of Rows: one or more rows, whichever is sufficient to create an eight-foot-wide (8') buffer at ma- turity. b. Spacing within Rows: as appropriate to eliminate gap-,, within three (3) years of planting. CAP080912 Page 73 i. No less than five (5) feet if being used solely as a tres- ♦ass inhibitor. d. Permitted Trespass -Inhibiting Species. Applicants may use any species of trespass -inhibiting hedges provided they are resistant to or will not harbor agriculturally harmful insects or diseases. A list of appropriate species is available in the Regional Plan, Appendix Ill. MGM c. Install gates only when necessary for maintenance of the gation area. FWJD� M. a. The agricultural land being protected by a mid-term buffer may eventually be converted to urban uses; therefore, a mid-term buffer may ♦ designed for eventual conversion to urban uses. b. Mid-term buffer design shall be based on the following fac- tors: i. The most likely time period it will remain as a buffel H. The specific use to which the buffer will likely be put to once the agricultural land is urbanized: conversion to housing, • roads, or to recreational use for the commu- nity. c. Alternatively, the applicant may defer development of an appropriate portion of the urbanizing land bordering agri- 10M,Ewmju CAP080912 Page 74 1. A proposed gation design that deviates from the provisions may be approved by the approving authority per the following process. 2. A mitigation design does not deviate when existing elements con- sistent with the purpose of the buffer are incorporated, as de- scribed following: a. For mitigation mithout tree buffers the requirements of ear distance can be achieved by elements such as the fol- lowing: i. Man-made or natural features such as infrastructure rights-of-way, roads, watercourses, wetlands, rock out- crops, forested areas, and steep slopes; ii. Non-farmable areas of the agricultural land being buff- ered (including yards, storage areas, roads, and all structures); jected public use (as determined by the public entity owner); iv. An easement on agricultural land purchased by the ap- plicant; CAP080912 Page 75 v. Other open areas (except undeveloped rural residential, commercial, or industrial parcels) that are considered appropriate to the purpose of the buffer. CAP080912 Page 76 City of Central Point UT-MEWM CAP080912 Page 77 Exhibit "Ell Me 1,214101A i � I'll 41,111� 111, 1:1 fla "M 1_11A 13WIT11 111,15i 1,11,14" 19, iwz=. 1. Scope and Nature of the Land Use Action 2.Findings of Fact 3.P rocs durat Findings Le al Conclusions 5.Summary Conclusions I -Planning Commission Resolution File No. 09017/12015 Regional Plan Element CAP080912 Page 78 11; , =01T_ ey egion I Ian") will be effectuated by the City of Central Point by way of post-acknowledgement plan amendments and intergovernmental agreements, including the Regional Problem Solving Agreement and the following: 116�0. III I'M 1111 4 11W SISLOHLWIIIltneuoijar)orative&egtonaf--.tlroble-,in"oviRn to review • Urban Reserve area designations. Statute set forth in ORS 197.652 to 197.656 and pursuant t4O R Chapter 660, Division 25, Section 175 relat r Based upon the evidence received during the public hearing and in the public record, the City of Centra-i Point Planning Commission makes the following findings of fact and reaches the following conclusions. Where factual conflicts arose, the City of Central Point Planning Commission has resolved them consistentwith these findings. Pursuant to Chapter 197 and 227 of the Oregon Revised Statutes, and in conformance with t6�, Statewide Planning Goals, the City of Central Point's Transportation System Plan, Comprehensivq Plan, and Municipal Code (CPMC, Chapter 17, Zoning) have been acknowledged by the Oregon Land Conservation and Development Commission (LCDC). 2. The City of Central Point has amended the Comprehensive Plan since initial adoption ani acknowledgement to satisfy periodic review requirements and to meet the needs of the City through Post-Acknowledgment Plan Amendments from time to time. 2 — Planning Commission Resolution File No. 0901712015 Regional Plan Element CAP080912 Page 79 4. The Planning Commission finds that a Regional Problem Solving Agreement, entitled "Greater Bear Creek Valley Regional Problem Solving Agreement" (the "Agreement") was signed by the City of Central Point and all Regional Problem Solving participants and appropriate State of Oregon agencies prior to initiating the City of Central Point land use hearings process to consider the Regional Plan and Amendments that are the subject of these findings. The acknowledged City of Central Point Comprehensive Plan contains 9 Elements. Adoption of the Regional Plan would result in the adoption of Volume I of the Regional Plan as a new Element (Element 10) of the City of Central Point Comprehensive Plan. Volumes 2 and 3 of the Regional Plan are to be incorporated as part of the comprehensive plan data base in support of the Regional Plan Element. The Planning Commission finds that Chapter I of the Regional Plan is an appropriate introductory section which establishes the regional planning area, planning horizon, project background, planning process (including citizen involvement and appropriate State agency involvement), identified regional problems, community buffering recommendations, regional land preservation strategies, cegional agricultural buffering standards, and commercial agricultural land base recommendations, 8. The Planning Commission finds that Chapter 3 appropriately explains the requirements and application of the Urban Reserve Rule and the Urban Reserve selection process undertaken by the region. The Planning Commission further concludes that Chapter 3 describes the application of the Urban Reserve Rule in the context of a Regional Plan, which is the subject of a planning project adopted under the Regional Problem Solving Statute. 9. The Planning Commission finds the Chapter 4, and more specifically sub-chapter 4.CP, which applies to the City of Central Point, is based upon appropriate Geographical Information System (GIS) mapping and statistical analysis, background studies, and an analytical approach for the establishment of Urban Reserves, pursuant to OAR 660 Division 2 1. c omprenensive Fra—H—RI—ap—Amendment tor the City of Centra9mfoint adopted through the Re ionj Plan establishes and maps the Urban Reserves for the City of Central Point consistent with the Urb Reserves established in the Regional Plan. 3 — Planning Commission Resolution File No. 09017/12013 Regional Plan Element CAP080912 Page 80 Consistent with the above general procedural findings, the Planning Commission finds the procedural requirements of the aforementioned statutes and administrative rule have been met based on the facts presented below. Where procedural issues arose, the Planning Commission has resolved them consistent with these findings. ].The Planning Commission finds that the Regional Plan, as recommended, contains background procedural findings that fairly characterize and describe the process to define theRegional Problems, reach a Regional Problem Solving Agreement between the participants, and the development of a draft regional plan sufficient for proper technical review. The background procedural findings contained therein are herewith incorporated and adopted as the City of Central Point's own. 2.The Planning Commission finds that the Regional Plan, as recommended, is consistent with the framework of the Urban Reserve Rule and incorporates the substantive background findings that support the policy and land use choices made since the inception of RPS. 1, 1. The City of Central Point collaborated in the initial development of an agreement to participate in Regional Problem Solving and signed the agreement as a Participant. Following the signing ♦ the Participants Agreement, the Community Development Director initiated Planning File 09017. The Planning Commission concludes that this planning project is legislative in nature, and is thus exempt from the processing time lines of ORS 227.178. 1.2.The local proceedings were processed in accordance with the adopted and acknowledged procedures for adoption of Type IV legislative text and map amendments to the City of Central Point Comprehensive Plan and legislative map amendments to the Official Zoning Map. The Planning Commission concludes the amendments have been processed consistent with the 4 — Planning Commission Resolution File No. 09017/12015 Regional Plan Element CAP080912 Page 81 1.3.Proper notice was timely provided to DLCD on the appropriate forms for amendmenj submitted in the manner of periodic review and has been processed at the local level consiste with OAR 660-025-0175. 1A.The local proceedings were carried out in accordance with the procedures for Post- Acknowledgement Plan Amendments set forth in ORS 197.610-615 and interpreted in OAR •60, Division 18. UlJWfYF7= - a 17-707Tp7ion ana subsequent submittal ot t Amendments to DLCD in the manner of periodic review. i 2.2.13ased upon its review of the City of Central Point Comprehensive Plan, the Planning Commission concludes that the Regional Plan has implications for other Elements of the ComprehensivePlan. However, the Planning Commission concludes that careful review of the Regional Plan did not yield any direct conflict with any existing Comprehensive Plan Element and therefore no other Element updates are necessarily required to ensure that the Comprehensive Plan remains internally consistent. 2.3.Through this Amendments process, the Planning Commission concludes that the County a the City of Central Point will jointly enter into an Urban Reserve Management Agreeme (URMA). The Planning Commission has reviewed the URMA for the City of Central Poirl and concludes that the URMA satisfies the requirements of OAR 660-021-0050. 2A.The Planning Commission concludes that adoption of the Regional Plan will establish a Comprehensive Plan Map overlay for the Urban Reserves. The Planning Commission further concludes that this overlay will function in the Comprehensive Plan in a manner similar to other Comprehensive Plan overlays. The Planning Commission concludes the Urban Reserves will be applied directly under the Regional Plan during and immediately following acknowledgment review. I IIIII F 11,1111111 11 ORS 197.175 require the City of Central Point to have and maintain a comprehensive land u plan. The Planning Commission concludes the amendments, which are the subject of the findings, are consistent in all ways and carry out these responsibilities. I 5 — Planning Commission Resolution File No. 09017/12015 Regional Plan Element CAP080912 Page 82 The Planning Commission further concludes that these forecasts utilize reasonable and appropriate assumptions to estimate future land needs for the individual cities within the �danning area in the context of a long-range land use plan, such as the Regional Plan. �11141101VVW;14 M1111 ,k"= I I rwgg' Ito I V-J I I Lid I I NVOIJUMA LIZOMMIM-EM111111 EM 3.5.ORS 195.145(l)(a) authorizes local governments to cooperatively establish Urban Resery and based thereupon, the Planning Commission concludes the Regional Plan cooperative establishes such Urban Reserves for the City of Central Point. 11 3.6. The Planning Commission's conclusions herein are consistent with RPS statutes that exist prior to the 2009 legislative session amendments, which are still in effect for collaborati regional solving projects initiated prior to passage of the 2009 law. The Planning Commissi concludes as follows with respect to the RPS statutes: 11 i.ORS 197.652 provides that regional problem solving programs shall be distribut geographically throughout the state and the Planning Commission concludes that t Regional Problem Solving project that is the subject of these findings is the first in t F ortion of the State of Oregon. i iii.ORS 197.656(l) provides that local governments may invite the Department of Land Conservation and Development (DLCD) and other State agencies to participate in the collaborative regional problem solving process and the Planning Commission concludes that DLCD and other appropriate State agencies were invited and did in fac'j participate consistent with that statute. 6 — Planning Commission Resolution File No. 09017"] 2015 Regional Plan Element CAP080912 Page 83 «o1 . I IV, I i. The Planning Commission herewith incorporates and adopts the conclusions of law a consistent with those conclusions, concludes ©- Regional Plan and associated Urb Reserves for the City of Central Point comply with the Statewide Planning Goals. I <— Planning Commission Resolution File No. 09017/12015 Regional Plan Element CAP080912 Page 84 the R► S process for selecting Urban Reserves differed from the Urban Reserve selection process (as outlined in Volume 1, Chapter 3, Section 5.2) but the outcome of the process is consistent, on the NNhole, with the purposes of the statewide planning Vii.ls. 8 — Planning Commission Resolution File No. 09017/12015 Regional Plan Element CAP080912 Page 85 include the Phase I Status Report on Open Space. the Transportation Planning Analysis Unit (TPAU) Modeling Report, the Regional Economic Opportunities Analysis, the Regional Housing Needs Analysis, and the Regional Land Needs Simulator and Population Allocation report. fr The Urban Reserve Rule promotes development of a compact urban forin by requiring that local jurisdictions first consider the suitability of lands adjacent and nearby existing urban growth boundaries for urban reserves, and to prioritize lands for inclusion such that inventoried exception and non-resource lands within the studu area are assi� assigned lowest priority. 9 — Planning Commission Resolution File No. 09017/12015 Regional Plan Element CAP080912 Page 86 establishes practical, effective techniques for buffering tarms from urban uses through -Rdoption by the participants of Regional Agricultural Buffering Standards. Regional Plan Element CAP080912 Page 87 completely removed from any forested area. As mapped in the Atlas, the soils in the vicinity are unrated for forestry and are predominately rated as Class IV for agriculture. Consequently, the parcels were assigned priority (c)(2) for inclusion as Urban Reserve upon a determination of urban land suitability as discussed in the Medford element of Chapter 4 in thePlan. Because there are no designated forest lands within the City of Central Point Urban Reserve Areas the provisions of the Division 21 Urban Reserve Rule for suitability, prioritization, inclusion, and continuation of resource land zoning within an Urban Reserve and Goal 4 do not apply. The City of Central Point's acknowledged Environmental Management Element of the Comprehensive Plan. Protection programs are implemented through the regulations included in the City of Central Point Municipal Code — Section 17.70 (Historic Preservation Overlay Zone). I I - Planning Commission Resolution File No. 0901712015 Regional Plan Element CAP080912 Page 88 distinct communities and have the added benefit of promoting exercise as a public he,flfrria�eer. In conclusion, although Goal 5 is not directly applicable to the adoption of the Regional Plan, the plan embraces preservation of Goal 5 resources for present and future generations and is thereby concluded to be consistent with the requirements of Goal 5. vi.Goal 6: Air, Water and Land Resources Quality. The goal is to "To maintain and improve the quality of the air, water and land resources of the state." Goal 6 requires that all waste and process discharges from future development when combined with discharges from existing developments shall not threaten to violate, or violate applicable state or federal environmental quality statues, rules and standards. L F I A n I e an, an he Aegionat-111an asop applies to the City of Central Point, is compliant with Goal 6 and will serve facilitate a coordinated regional approach to addressing Goal 6 as growth boundari amenK ments are needed in the future. I oal 7: Areas Subject to Natural Hazards. The goal is to protect people a prop 01 erty from natural hazards. The goal requires local go d . vernments to a 12 — Planning Commission Resolution File No. 09017/12012, Regional Plan Element CAP080912 Page 89 comprehensive plans to reduce risk to people and property from natural hazards- , it twil iikral r-4 1,*iw" It is therefore concluded G»»» p the Regional Plan, and the Regional Plan as it applies to the City of Central Point, is compliant with Goal 7 and will serve to facilitate a coordinated regional approach to addressing Goal 7 as growth boundaries amendments are needed in the future. Therefore, it is concluded that the Regional Plan, and the Regional Plan as it appli(M S the ©i of Central Point, provides for the long range recreational needs of region in a manner consistent and in compliance with Goal 8. ix.Goal 9: Economic Development. The goal is to provide adequate opportunities »§o< «- state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. The goal requires that comprehensive plans and policies contribute to a stable and healthy economy in all regions of the state. Plans shall be based on inventories of areas suitable for increased economic growth and 13 — Planning Commission Resolution File No. 0901712015 Regional Plan Element CAP080912 Page 90 Therefore, it is concluded that the Regional Plan, and the Regional Plan as it applies to the City of Central Point, complies with Goal 9, Because the Regional Plan addresses the situation of a doubling of the region's urban population, shorter term cyclical peaks and troughs in demand are normalized 14 — Planning Commission Resolution File No. 0901712015 Regional Plan Element CAP080912 Page 91 the City of Central Point, provides for the long range housing needs of the region in a manner consistent and in compliance with Goal 10. The Regional Plan does not amend any provisions of the City of Central Point Comprehensive Plan or its implementing ordinances related to sewer service. Guidelines included for Goal I I address Planning and Implementation of the Goal. The Regional Plan includes an analysis of all candidate Urban Reserve areas that evaluates general suitability to accommodate identified long term urban needs in relation to the Goal 14 location factors and the growth policies of the region. Capacity of the regional sewer treatment and transmission facilities, public facifil and service interties between jurisdictions, and transitional agreements wil 15 —Planning Commission Resolution File No. 09017il 2015 Regional Plan Element CAP080912 Page 92 Regional Plan Element CAP080912 Page 93 The R on. Accordingly, it is concluded that the Regional Plan, and the Regional Plan as it applies to the City of Central Point, complies on the whole with and will serve to furtherpromote Statewide Planning Goal 13. 17 — Planning Commission Resolution File No. 09017/12015 Regional Plan Element CAP080912 Page 94 A. 991," sjll��W Ills VII KA rmnpm 0 F."M It is therefore concluded that the Regional Plan, and the Regional Plan as it applies to the City of Central Point, complies overall with Goal 14. PART &SUMMARY CONCLUSIONS Based on the evidence and arguments included in the record, the Plannin'g Commissixa! romil 1. Proper public notice was given and public hearings were conducted in accordance with State law and acknowledged local regulations, during which members of the public were provided opportunities to present evidence and argument. 2. The amendments proposed through Planning File 09017 are in compliance with and further the City of Central Point Comprehensive Plan by creating a long range plan for regional growth in the Bear Creek Valley and by designating Urban Reserves to protect lands that are suitable for future urbanization from uses and development that may be incompatible with future urban land uses. 3. Adoption of the Comprehensive Plan Land Use Map amendment will ensure the City of Central Point Land Use Plan Map depicts the Urban Reserves established by the planning action in Planning File No. 09017 is consistent with the proposed Plan text amendments. 18 — Planning Commission Resolution File No, 09017/12015 Regional Plan Element CAP080912 Page 95 ATTACHMENT COPY WHEREAS, the City of Central Point has reviewed the adopted Regional Plan and in accordance with the Agreement has prepared the following (the "Amendrnents,l): 1. A Regional Plan Element, incorporating the Regional Plan as a new element oft e City of Central Point Comprehensive plan-, 2. An amendment t o t he Comprehensive Land Use Plan Map to designate the Urban Reserve Areas; 3. An amendment t o t he Central Point Municipal Code, Section 17.71, Agricultural Mitigation; and 4. An Urban Reserve Management Agreement between Jackson County and the C i t y o f Central Point; and WHEREAS, on Map 22 -2012 the D,,Qyartment of Lanit* i 59 namMrmM 4N)25-WppffM"t__ a notice regarding the City's consideration of the Regional Plan and proposed Amendments; and WHEREAS, on July 3, 2012 the City of Central Point Planning Conunission held a properly advertised publi hearing; reviewed the Staff Report and findiRps; heard testimomLand comment"aje - the Regional Plan and the proposed Amendments; and U 17 ='em==77757ner p pating cities by art way of post-acknowledgement plan amendments and intergovernmental agreements, including the Regional CAP080912 Page 96 Problem Solving Agreement and Urban Reserve Management Agreements, are subn-fitted jointly in the manner ♦ periodic review consistent with the Collaborative Regional Problem Solving Statute set forth in ORS 197,652 to 197.656 and pursuant to OAR Chapter 660, Division 25, Section 175 relating to review of Urban Reserve area designations. D, based on the findings presented in Exhibit "E", that the City of Central Point Planning Commission, by Resolution No. 787 does hereby accept, and forward to the City Council, a recommendation to approve the: 1. Regional Plan Element (Exhibit "A - Amended") as a new element of the City of Central Poi Comprehensive Plan; 3. Urban Reserve Management Agreement between Jackson County and the C i t y o f Central Point (Exhibit "C"); and 4. Central Point Municipal Code, Sections 17.71 (Exhibit "D") establishing regulations for agricultural buffering. "M Y the Planning Commission and signed bv we in a- ti-c? 44, rY M wbrr--t --,tt L R, Planning Commission Chair f CAP080912 Page 97 ATTACHMENT " G 11 COPY WHEREAS, on May 22, 2012, ©®D artm : of Land Conseva i A h 'W 4» » <© 1 M- — V*MRF,AS, on July 10, 2012, the City of Central Point Citizens Advisory Committee held a property 9,dvertised public hearing; reviewd the Staff Report and findings; heard testimony and comments, and ¥2 4 «« on approval of the Regional Plan and the proposed Amendments; and WHEREAS, it is acknowledged that the final adoption of the Greater Bear Creek Valley Regional © . will only be effectuated at such time as Jackson County, © City of Central Point, and other participating cities by way of post-acknowledgement plan amendments and intergovernmental agreements, including the Regional CAP080912 Page 98 Problem Solving Agreement and Urban Reserve Management Agreements, are submitted jointly in the manner of periodic review consistent with the Collaborative ReSional Proble"k,*A����- i �.�v IE- to 197.656 and pursuant to OAR Chapter 660, Division 25, Section 175 relating to review of Urban Reserve vxea designations. NOW, THEREFORE, BE IT RESOLVED, based on the findings presented in Exhibit "E", that the City of Central Point Citizens Advisory Committee, by Resolution No. 2012-001 does hereby accept, and forward to the City Council, a recommendation to approve the: I . Regional Plan Element (Exhibit "A") as a new element of the City of Central Point Comprehensive Plan; 2. Comprehensive Land Use Plan Map designating the Urban Reserve Areas (Exhibit "B"); 3 . Urban Reserve Management Agreement between Jackson County and the C i t y o f Central Point (Exhibit "C"); and 4. Central Point Municipal Code, Sections 17.71 (Exhibit "D") establishing regulations for agricultural buffering. PASSED by the Citizens Advisory Committee and signed by me in authentication of its passage this 10th day of July, 2012. Citizens Advisory Committee Chair CAP080912 Page 99 1000 friends of Oregyn 53A SW Third Avenue, Suite 300 - Portland, OR 9720A - (503) A97-1 000 - fax (503) 223-0073 - www.friends.org Southern Oregon Office , PO Box 2AA2 - Grants Pass, OR 97528 * (5AI) 474-1155 - fax (541) 474-9389 Willamette Valley Office - 220 East 1 11h Avenue, Suite 5 , Eugene, OR 97401 * (541) 653-8703 - fax (503) 575-2416 Central Oregon Office * 115 NW Oregon Ave #21 - Bend, OR 97701 * (541) 719-8221 * fax (866) 394-3089 Tom Humphrey, Community Development Director City of Central Point 140 South Third Street Central Point, Oregon 97502 UUTAU109 ATTACHMENT Subject: Adoption of Amendments to the Comprehensive Plan And Zonine Code For Consistengy with Jackson County Regional Problem Solving (RPS) Plan File Nos. 09017 and 12015 The purpose of this letter is to communicate our support for local adoption and state acknowledgement of the RPS Plan.' Following a detailed review of the staff report generated for these proceedings, we also offer some suggestions for minor changes in order to bring the Central Point amendments into full compliance with the County's plan. 11 1 71111 1 SM111101 I I I I 111 111711 111 111 IrIIII III iiiiiiiii I . piipl�p C pvrjec goaj rilena—M-9tregon has taken an active interest in the creation of this regional plan. To that end, I attended nearly every public meeting held by the RPS committees held since November 2002. 1 submitted several rounds of written comments 2 and was a frequent participant in discussions at both the TAC and the Policy Committee meetings. CAP080912 Page 100 July 18, 2012 Page 2 of 4 On behalf of our members and supporters, we have made a substantial commitment to the toward adopting and implementing the plan in the best interests • the residents of Jackson County. 11111111 1111111111 11 ! 11111 wrill I In preparation for these proceedings, we conducted a detailed review of the proposed Regional Plan Element to be added to the Central Point Comprehensive Plan ("Exhibit A" to the staff report prepared for the Planning Commission, pages 10-35 of their packet). Based on that review we recommend the following very minor changes be made to the text: On page 2 of "Exhibit A" to the staff report, in Section I (Introduction), under "Adoption Milestones," the second bullet point notes that on November 23, 2011 the Jackson County Board of Commissioners adopted the Regional Plan. This section should also acknowledge that the Jackson County Board of Commissioners also adopted amendments to the Regional Plan on June 27, 2012. The language in the portions of Section 4 of the Plan Element (entitled "Regional Obligations") that are relevant to Central Point must be included in the Central Point adoption and must match the County's final adopted plan language exactly. It currently does -cot. CAP080912 Page 101 NAMM, UMPM-Tp July 18, 2012 Page 3 of 4 definition of buildable land as those lands with a slope of less than 25 percent, or as consistent with OAR 660-008-0005(2) and other local and state requirements. Although the other changes made during the County's amendment process appear to be captured in the text, we recommend that Staff verify that the language in this section reflects the final text as adopted (and amended) by the County. WIN Element and add it to the Central Point Comprehensive Plan. With the addition of the relatively minor changes noted above, 1000 Friends of Oregon recommends adoption of the Regional Plan Element and Zoning Code Amendments proposed by CAP080912 Page 102 WMIU-BUTIFt" M July 18, 2012 Page 4 of 4 w at that time. cc: Josh LeBombard, DLCD Kelly Madding, Jackson Counj CAP080912 Page 103 At Bob Hart Consulting LLC Land Use Planning and Developmew,. am W 140 S. 17hird Street Central Point. OR 97502 Please include the following testimony in to the record regarding the Greater Bear Creek Vail Regional Plan(Regional Problem Solving). I (I ��rq 41, planning- s in" approach of re a, onal F #7979MMM d v Me UP investment groups, Blackwell LLC and Central Point LLC. The land is 33 acres located adjacent to the newly constructed southerly ramps of the Seven Oaks Interchange. Specific concerns that are addressed in this testimon;j concern regarding -relationship of development patterns, additional factors that have evolved regarding ffighway 140 plans, lack of specific sub area plans, urban service locations and failure to evaluate E F CAP080912 Page 104 forest goals in the review of the plan. Follol are more pip�1�11111 11111�1111piiiijiiii 11;11111111111111111�illi 111�111111pijji�1111 q 11�1111111�11111111 11111 CAP080912 Page 105 proposed subareas must be considered as part of the adoption of the Plan. While we agree that this process has gone on a long time and nianir would like to see it coupwilki*', it right than to get it donr . du�mrgm st Evans Creek Road * Rogue River. Ore2oTt 975 7 n, (5 CAP080912 Page 107 M, WX M, Mk 140 South Third Strea Central Poi«.22975 K. Mallams 2855 Heritage Road Central Point- NIMMUR (3/26112), and apply y(» «>« » measures developed by the Task Force to ? }d m« urban growth boundary amendments. Require that new young ffirmers © represented », %< task force. CAP080912 Page 108 lw agricul I land could be protected. nm re M= 6, CAP080912 Page 109 I Tj • J 3 CAP080912 Page 111 Central Point City Hall 140 South Third Street Central Point, OR 97502 We ur9,z_1he-(>_ntral "111,1111"11 NV I MINI, I It is encouraging to see this decade-long process near a successful completion. This Regional Plan provides the needed flexibility that will result in more efficient, lower impact growth for the City as its population doubles over the next several decades. We have followed the process over the past few i,,,!ears and believe that a reasona!#,Ie conse4swr0u,?s Nffllmgoj The Plan once a I Ce al Point, OR 97502 UrrV and Sophia Martin 2673 Taylor Road Central Point, OR 97502 Adrian SnyderAfrustee, US Bank Wledman Marital Trust 3817 Grant Road Central Point, OR 97502 CAP080912 Page 112 [Mill I i - A 1=1 TAMWOTILI A I I I a I 11 IT,r1r, 0 = Amendments CAP080912 Page 113 STAFF REPORT To: The Honorable Mayor and City Council From: Kris Allison, Chief of Police SUBJECT: Retention of Property Prior to Resale Date: July 26, 2012 Executive Summary: The City of Central Point currently has a City Ordinance that monitors and regulates the persons or businesses that engage in conducting, managing or carrying on the business of loaning money for himself or for any other person upon personal property, personal security, pawns or pledges, or the business of purchasing articles of personal property and reselling or agreeing to resell such articles to the vendors or their assigns at prices agreed upon at or before the time of such purchases. In recent months the Police Department has identified a need in the ordinance to identify a time period for the retention of property prior to resale. A majority of Pawnbrokers and Secondhand Dealers purchase items without the stipulations of a loan agreement that requires retention of the item. Without the retention of sold items to Pawnbrokers and Secondhand Dealers, it makes the discovery of possible stolen items difficult for detection and reuniting property back to potential victims in our community. This Is in no way to penalize legitimate business owners and would only require them to retain the property for 7 business days if the resale is greater than $25.00 or 5 business days if the property is determined to valued $25.00 and under. This allows victims of crimes to file reports with respective police jurisdictions in a reasonable time period and an investigation be initiated. Recommendation: Staff recommends the adoption of an Amendment to Ordinance 5.34 to include the Retention of Property Prior to Resale. CAP080912 Page 114 ORDINANCE NO. AN ORDINANCE ADDING SECTION 5.34.025 TO THE THE CENTRAL POINT MUNICIPAL CODE TO REQUIRE PAWNBROKERS AND SECONDHAND DEALERS TO RETAIN PROPERTY PRIOR TO RESALE Recitals: A. Requiring a retention period for pawned or secondhand goods will allow for more effective monitoring of such goods. B. Words +"r^, ,g are to be deleted and words in bold are added to the municipal code. The people of the City of Central Point do ordain as follows: Section 1. The following Section 5.34.025 is added to the Central Point Municipal Code 5.34.025 Retention of Property Prior to Resale All property for which records are required as provided in Section 5.34.020 shall be retained by the Pawnbroker or Secondhand Dealer at least 7 full business days before disposal if the resale value of the item is greater than $25.00. Items with a resale value of less than $25.00 may be disposed of after five business days provided an adequate item and personal description have been retained. The Pawnbroker or Secondhand Dealer shall maintain the purchased property in substantially the same form as purchased and shall not co- mingle the property in a manner that precludes identification during this five day or seven day holding period. The purchased property shall be retained on the business premises during normal business hours during this holding period so that it can be inspected as provided in this chapter. Passed by the Council and signed by me in authentication of its passage this day of '2012. Mayor Hank Williams ATTEST: City Recorder Ket urn t o Agenda CAP080912 Page 115 Business Appointment of Parks i CAP080912 Page 116 AkParks & Public Works Department Matt Samitore, Director CENTRAL 140 South 3 Id Street I Central Point, OR 97502 1 541.664.7602 1 www.centralpointoregon.gov POINT STAFF REPORT August 2, 2012 AGENDA ITEM: New Chairman for Parks and Recreation Commission STAFF SOURCE: Matt Samitore, Director SUMMARY: With the untimely passing of Kerry Bradshaw the Parks and Recreation Commission needs a new chair person. Staff is recommending Mark Mark Ludwiczak (Lud- wiz -sack) as the new Chair. Though Mark is fairly new to the Commission, he was appointed in late winter 2010, he has thrown himself feet first into helping with almost every parks event and has not missed any of the meetings. Mark is an active park user and a citizen of Central Point. RECOMMENDATION: Staff recommends appointing Mark Ludwiczak as the new chair of the Parks and Recreation Commission. Het ur n t o Agenda CAP080912 Page 117