HomeMy WebLinkAboutOrdinance 1787ORDINANCE NO, t~g~
AN ORDINANCE AUTHORIZING APPROVAL OP REVISIONS 'f0 TIME
CENTRAL POINT/JACKSON COUNTY URBAN GROWTH BOUNDARY
AND POLICY AGREEMENT AND AMENDING
THE CENTRAL POINT COMPREHENSIVE PLAN
RECITALS:
1. The City of Central Point ("City") and Jackson County ("County") are authorized
under Oregon Revised Statute (ORS) Chapter 197 to prepare and adopt comprehensive plans
and implementing ordinances consistent with the Statewide Land Use Planning Goals.
2. The City and County have coordinated their planning efforts with the State in
accordance with ORS 197.040(2)(e) and OAR 660-030-0060 to assure compliance with goals
and compatibility with City and County Comprehensive Plans.
3. Pursuant to authority granted by the City and County charters and the Oregon
Revised Statutes, the City and County have determined to update and amend the Central
Point/Jackson County Urban Growth Boundary and Policy Agreement which was adopted by
the County on September 26, 1984, and by the City on October 9, 1984 and amended once by
addendum in 1995.
Now, therefore;
THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN AS
FOLLOWS:
Section 1. This ordinance hereby adopts and authorizes the Mayor to execute the
document attached hereto as Exhibit "A", entitled Central Point/Jackson County Urban
Growth Boundary and Policy Agreement (Revised 1998), as an amendment to the Central
Point Comprehensive Plan, together with all exhibits, findings, and other documents referred
to and adopted as part of the update.
Section 2. The City Administrator is directed to conduct post acknowledgment
procedures defined in ORS 197.610 et seq. upon adoption of the Urban Growth Boundary and
Policy Agreement Update.
Section 3. This update being necessary for the immediate preservation of the public
health, safety and welfare of the City of Central Point, Oregon, and based upon the need to
conclude associated comprehensive plan amendment procedures, second reading of this
ordinance is hereby waived and an emergency is declared to exist, and this ordinance shall be
in full force and effect immediately upon its passage by the Council and approval by the
Mayor.
1 - Ordinance No. ~ (070298)
Passed by the Council and sighed by me in authentication of its passage this
_~~day of~, 1998.
ATTEST:
CitCit Re
Y P
Mayor Rusty McGrath
Approved by me this ~ n ~C day of _~ 1998.
Mayor Rusty McGrath
2 - Ordinance No. ~1, (070298)
EXHIBIT "A"
CENTRAL POINT/JACKSON COUNTY
URBAN GROWTH BOUNDARY AND POLICY AGREEMIiN"I'
(REVISED 1998)
This agreement made and entered into this day of 19_, by and between the City
of Central Point, a municipal corporation, hereinafter called "City" and ,iackson County, a political
subdivision of the State of Oregon, hereinafter called "County".
WHEREAS, under ORS 197 -State Land Use Goal 14, Urbanization, the "Establishment and
change of the boundary shall be a cooperative process between a city and the county or counties that
surround it"; and
WHEREAS, pursuant to authority granted by Oregon Revised Statutes and Charter of the City of
Central Point, the City and County propose to enter into an agreement to adopt an urban growth
boundary, policies, and revision procedures for the Central Point urbanizable area,
THEREFORE, the City and County adopt the following urban growth policies which shall serve
as the basis for decisions pertaining to development and land uses in the area between the City limits of
Central Point and its urban-growth boundary, and other lands that are of mutual interest or are of
significant importance to Central Point's long-range growth and development.
DEFINITIONS
1. Area of Mutual Planning Concern: A geographical area lying beyond the adopted urban growth
boundary in which the City and County have an interest in terms of that area's types and levels
of development, land uses, environment, agriculture, and other unique characteristics. The area
is not subject to annexation within the current planning period but may be in the path of longer-
range urban growth. Therefore, the City and County will fully coordinate land use activity
within this area.
2. Contract Annexation: A process whereby the City, County, and other involved parties enter into a
contract that permits:
A) The parties to administer urban land use regulations on the development of property
following an annexation decision while the property remains under County jurisdiction;
and
B) The City to annex property developed to City densities and uses, with the improvement to
appear on the County tax rolls prior to the effective date of annexation, resulting in a
greater benefit to the tax base of the community.
3. Develon: To bring about growth or create new opportunities for growth; to cause the expansion of
available lands; to extend public facilities or services; to construct, alter or expand a structure;
to conduct a mining operation; to make a change in the use or appearance of land; to divide
land into smaller parcels; to create or terminate rights of access, etc.
Urban Growth boundary Agreement
Page 2
Revised 1998
4. Subdivide or Partition Land: The act of dividing the legal ownership of land into smaller units, as
set forth in Oregon Revised Statutes 92.010.
Urban/Public Facilities and Services: Basic facilities that are planned for and provided by either the
private or public sector, and are essential to the support of development in accordance with the
City's Comprehensive Plan. Such facilities and services include, but are not limited to, police and
fire protection, sanitary facilities, public water and storm drain facilities; planning, zoning, and
subdivision controls; health services; recreation facilities and services; energy and conununication
services; and community governmental services including schools and transportation.
6. Urban Growth Boundary: A site specific line on the Official Plan and Zoning Map of Jackson County,
which identifies and encompasses urban and urbanizable lands within the County, including:
A) URBAN LAND: Residential areas generally comprised of parcels smaller than one acre,
or highly developed commercial and industrial areas which are within incorporated cities
or which contain concentrations of persons who reside or work in the areas, including land
adjacent to and outside cities, and which have supporting urban public facilities and
services.
B) URBANIZABLE LAND: Areas within an officially adopted urban growth boundary
which are needed for the expansion of that urban area, and which have been determined to
be necessary and suitable for development as future urban land and which can be served
with necessary urban public facilities and services.
URBAN GROWTH POLICIES
The City of Central Point shall have primary responsibility for all future urban level development
that takes place within the City and urban growth boundary area. Additionally:
A) All urban level development shall conform to City standards, shall be consistent with the
adopted City Comprehensive Plan, and shall meet all appropriate requirements of the City
Zoning Ordinance and Map.
B) The term "urban level development" shall be generally defined, for purposes of this
agreement, as any commercial or industrial development, and any residential develop-
ment, partitioning, or subdivision that creates actual or potential densities greater than
allowed by the City's Residential Low-density District (R-L). The expansion or major
alteration of legally existing commercial or industrial use shall also be considered urban
level development.
C) Urban level development proposals submitted through County processes must be
accompanied by a contract to annex to the City.
Urban Growth Boundary Agrcemcnt
Page 3
Revised 1998
2. A change in the use of urbanizable land from a use designated on the .lackson County
Comprehensive Plan/Zoning Map to uses shown on the City Comprehensive Plan shall occur only
upon annexation or contractual intent to annex to the City. Additionally:
A) Development of land for uses designated on the Comprehensive Plan shall be encouraged
on vacant or underdeveloped lands adjacent to or within the City limits prior to the
conversion of other lands within the urban growth boundary.
B) Urban facilities and services must be adequate in condition and capacity to accommodate
the additional level of growth, as allowed by the Comprehensive Pian, prior to or
concurrent with the land use changes.
C) The City may initiate annexation and zone changes of lands outside the City limits and
within the UGB that are under a County "Exclusive Farm Use" designation or otherwise
enjoying farm-related tax incentives when such lands are needed for urban development.
3. City annexation shall only occur within the framework of the City's Comprehensive Plan and
within the Urban Growth Boundary.
4. Except as provided in Policy 9 of this agreement, specific annexation decisions shall be governed
by the City of Central Point. The City will provide opportunities for the County and all affected
agencies to respond to pending requests for annexation with the response time limited to sixty
days to minimize any unnecessary and costly delay in processing.
5. The establishment of the Urban Growth Boundary does not imply that all lands within the
Boundary must be annexed to the City.
6. Jackson County shall retain jurisdiction over any land use decisions, other than annexations,
within the unincorporated urbanizable area, in conformance with these adopted policies.
Additionally:
A) The City shall be requested to respond to pending applications for land use changes in the
unincorporated urbanizable area. If no response is received within fourteen days, the
County will assume the City has no objections to the request.
B) The City will request that the County respond to pending applications for land use
changes within the incorporated area which could affect land under Countyjurisdiction. If
no response is received within fourteen days, the City will assume the County has no
objections to the request.
C) Recognizing that unincorporated areas within the Urban Growth Boundary could
ultimately become part of Central Point, the City's recommendations will be given due
consideration. It is the intent of the County to administer a mutually adopted City/ County
policy in the urbanizable area until such time as the area is annexed.
Urban Growth boundary Agreement
r,g~ a
Revised 1998
D) Any application for a subdivision, land partition, or other land division within the
established Urban Growth Boundary of Central Point shall include the City's written
approval of a Conversion Plan for the su1?ject property, in accordance with the require-
ments of the City's Conversion Plan Regulations.
7. Lands in the vicinity of the Seven Oaks Interchange, as delineated on Map 1 attached, arc
considered unique because of the transportation facilities present. Although located outside the
year 2000 Urban Growth Boundary, this area is designated an Area of Mutual Planning Concern
and shall be protected from premature development. Additionally:
A) The County shall ensure that the area remains iu a rural character so that a priority is
placed on urban development within the UBG, as planned.
B) The Seven Oaks Interchange Area of Mutual Planning Concern shall retain its present
County Comprehensive Plan and Zoning Map designation, or similar "rural" designation,
until such time as the area can be shown to be needed for the City's urbanization, in
accordance with the seven urbanization factors of Statewide goal 14 acid the provisions of
this agreement that pertain to City-initiated comprehensive plan amendments.
8. Lands within the urbanizable area which currently support a farm use shall be encouraged,
through zoning and appropriate tax incentives, to remain in that use for as long as is
"economically feasible".
A) "Economically feasible", as used in this policy, shall be interpreted to mean feasible from
the standpoint of the property owner. Implementation of this policy will be done on a
voluntary basis.
B) "Exclusive Farm" or other appropriate low-intensity rural zoning designation shall be
applied to areas within the UGB by the County for the purpose of maintaining agricultural
land uses and related tax incentives until such time as planned annexation and urban
development occur.
C) "Suburban Residential" or other zoning designations that would permit non-agricultural
land uses to develop prematurely could result in obstacles to future planned and
coordinated growth and, therefore, should be restricted to only those areas that are already
developed to such levels.
D) Agricultural zoning policies contained herein apply only to areas identified by the City or
County as agricultural lands within the UGB or Seven Oaks Area of Mutual Planning
Concern and shall not be used as a standard to review other land use applications within
these areas.
9. The City and County acknowledge the importance of protecting agricultural lands. Therefore:
Urban Growth Boundary Agreement
Page 5
Revised 1998
A) While properties are in agricultural use, the City will apply the below standards when
adjacent lands are proposed for urban residential development:
To mitigate the potential for vandalism, the development's design should
incorporate the use of visible public or semipublic open space adjacent to the
agricultural lands.
ii. To mitigate nuisances originating from agricultural noise, odors, irrigation run-off,
and agrieulturai spray drift, the development's design should incorporate:
a. The use of landscaping and berms where a positive buffering benefit can be
demonstrated.
b. The orientation of structures and fencing relative to usable exterior space
such as patios, rear yards and courts, such that the potential impacts from
spray drift, dust, odors, and noise intrusion are minimized.
c. The design and construction of all habitable buildings, including window
and door locations, should be such that the potential impact of spray
drift, noise, dust, and odors upon interior living/working areas will be
minimized.
d. Physical separation between agricultural lands and urban development
shall be utilized to the greatest extent possible to minimize adverse
impacts. Site design emphasizing the appropriate use of open space areas,
streets, and areas not designed specifically for public recreation or
assembly shall be considered.
B) The City and County mutually agree herewith that the buffering standards established by
Policy #9 have or can and will be met, prior to annexation or urban development of lands
adjacent to the subject properties after 1995.
10. The City of Central Point and Jackson County acknowledge the importance of protecting resource
lands, specifically, agricultural lands zoned Exclusive Farm Use (EFU) and forest lands zoned
Woodland Resource (WR), other than those that may be within the urbanizable area or in the
identified direction of urban growth. Both jurisdictions will continue to maintain p o 1 i c i e s
pertaining to the buffering of such lands. Urban development may be allowed to occur on lands
adjacent to resource lands when the controlling jurisdiction determines that such development
will be compatible with the resource land's use or character. Buffering shall occur on the
urbanizable lands adjacent to the UGB as required to protect the resource lands. Buffering options
may include:
A) Special setbacks for new urban structures adjacent to the urban growth boundary;
Urban Growth Boundary Agreement
Page 6
Revised 1998
B) Acquisition by public agencies;
C) Lower densities at the periphery of the urban growth boundary than allowed elsewhere
in the City;
D) Strategic location of roads, golf courses, or other major public areas or facilities; and/or
E) Use of vegetative screens, earthen berms, and fences of sufficient height and substance to
help reduce trespass of people, animals, and vehicles.
F) A deed declaration recognizing common, customary, and accepted farming practices shall
be required for all development that is allowed to occur within three-lmndred (300) feet of
any land that is zoned for Exclusive Farm Use.
G) The City shall request the County's recommendations concerning the buffering of any
EFU lands from adjacent urban development.
11. The City, County, and other affected agencies shall coordinate the expansion and development of
all urban facilities and services within the urbanization area. Additionally:
A) Provisions for urban facilities and services shall be planned in a manner limiting
duplication in an effort to provide greater efficiency and economy of operation.
B) A single urban facility or service extended into the urbanizable area must be coordinated
with the planned future development of all other facilities and services appropriate to that
area, and shall be provided at levels necessazy for expected uses, as designated in the
City's Comprehensive Plan.
12. All County road construction and reconstruction resulting from new development, redevelopment,
or land division, in the urbanizable area shall be to urban standards, except that the term
"reconstruction" does not include normal road maintenance by the County.
13. Notwithstanding the provisions of any other goal or policy in the comprehensive plans for Central
Point or Jackson County, public water service shall be extended to serve property owned by
Erickson Air Crane Company ("Erickson") provided:
A) Property entitled under this policy to receive public water service shall be limited to land
owned by Erickson as described in Exhibit "B" [Exhibit "B" from County Ordinance 95-
55 describes assessor plat maps 36-2W-28 Tax Lots 3500 & 3601]
B) Except for the Erickson property, no other land or improvements located outside the
Urban Growth Boundary shall be permitted to connect to the water line serving Erickson
unless it is first included in the Urban Growth Boundary or a "reasons" exception is taken
Urban Growtli F3oundary Agreement
Page 7
Revised 1998
to applicable Statewide band Use Planning Goals which allows such connection and the
owners of such benefitted property sign an irrevocable consent to annex to the City of
Central Point.
C) Prior to beginning construction on the water line, Erickson shall sig^ an irrevocable
consent to annex its property to Central Point. The irrevocable consent shall be in a
form approved by the City. Erickson shall pay such fees, if any, which are required as
of the date of annexation. The irrevocable consent to annex shall provide that future
annexation will be at the sole discretion of the City if at some future time Ericksou's
property is included within the Urban Growth Boundary.
AMENDMENTS AND CORRECTIONS
The procedure for joint City and County review and amendment of urban growth boundary and
urbanization policies are established as follows:
MAJOR REVISIONS
Major revisions in boundary or policies will be considered amendments to both the City and County
comprehensive plans and, as such, are subject to a legislative review process.
A major revision shall include any boundary change that has widespread and significant impact beyond
the immediate area, such as quantitative changes allowing for substantial changes in population or
significant increases in resource impacts; qualitative changes in the land use itself, such as conversion of
residential to industrial use, or spatial changes that affect large areas or many different ownerships. Any
change in urbanization policies is considered a major revision.
Major revisions will be considered by the City and County at five-year intervals from the date of
adoption of the urban growth boundary and urbanization policies. If the City and County governing
bodies find that circumstances prevail which have a significant effect on the public health, safety or
general welfare of the community, a major revision could be considered at intervals of less than five
years. It is the intent of the governing bodies to review the urban growth boundary and urbanization
policies for consistency upon completion of the City and County Comprehensive Plans.
A request for major revision can be initiated by an individual or group, citizen advisory committees,
affected agencies, and governing bodies. The party who seeks the revision shall be responsible for filing
adequate written documentation with the City and County governing bodies. Final legislative action on
major revision requests shall be based on the following factors:
A) Demonstrated need to accommodate long-range urban population growth requirements
consistent with LCDC goals;
B) Need for housing, employment opportunities, and livability;
Urban Growth Boundary Agrecmcn[
Page 8
Revised (998
C) Orderly and economic provision for public facilities and services;
D) Maximum efficiency of land uses within and ou the fringe of the existing urban area;
E) Environmental, energy, economic and social consequences;
F) Retention of agricultural land, as defined, with Class I being the highest priority for
retention and Class VI the lowest priority; and
G) Compatibility of the proposed urban uses with nearby agricultural activities.
Major revision proposals shall be subject to a mutual City and County review and agreement process
involving affected agencies, citizen advisory committees, and the general public. The review process for
the City of Central Point includes the following steps:.
A) CPAC/CAC and joint planning commissions may review the proposal and recommend
appropriate action to the City Council and Board of County Commissioners;
B) Proposal mailed to the affected agencies; and,
C) Proposal heard and acted upon by City and County at ajoint meeting of the City Council
and Board of County Commissioners.
MINOR BOUNDARY LINE ADJUSTMENTS
Minor adjustments to the Urban growth boundary line may be considered subject to similar procedures
used by the City and County in hearing zoning requests. A minor amendment is defined as focusing on
specific individual properties and not having significant impacts beyond the immediate area of the
change.
Application for a minor boundary line amendment can only be made by property owners, their authorized
agents, or by a City or County governing body. Written applications for amendments may be filed in the
office of the Jackson County Department of Planning and Development on forms prescribed by the
County. The standards for processing an application are as follows:
A) Final action on minor boundary line adjustments shall be based on the same seven
urbanization factors required for major revision requests as listed in the preceding
discussion on Major Revisions.
B) Applications will be reviewed by the Central Point Citizens Planning Advisory
Committee (CPAC), and the appropriate County Citizens Advisory Committee annually.
Urban Growth Boundary Agrceincnt
Pagc 9
Revised 1998
C) The applications will be reviewed at a joint City and County Planning Commissio^
meeting which may be held annually for the express purpose of considering minor
boundary line adjustments.
D) The Planning Commissions are required to forward a rccouunendatiou and findings on
each application to their respective governing bodies for final consideration.
E) Amendments cannot be made to the urban growth boundary line carless mutually agreed to
by a majority from each governing body. The County governing body shall be
responsible for the preparation of the actual legal instrument which officially amends the
boundary line.
CORRECTION OF ERRORS
A) An error is generally considered to be a cartographic mistake, or a misprint, omission, or
duplication in the text. They are technical in nature and not the result of new information
or changing attitudes or policies.
B) If the City Council and Board of County Commissioners become aware of an error in the
map(s) or text of this mutually-adopted urbanization program, both bodies may cause an
immediate amendment to correct the error, after mutual agreement is reached.
C) Corrections shall be made by ordinance, following a public hearing conducted by both
governing bodies, but hearings before the planning commissions shall not be required
when an amendment is intended specifically to correct an error.
This agreement supersedes the prior agreement between the parties on the same subject matter approved
by the County on , 19 ,and by the City on , 19
CITY OF CENTRAL POINT
JACKSON COUNTY
BOARD OF COMMISSIONERS
Mayor Rusty McGrath DATE Sue Kupillas, Chair DATE
APPROVED AS TO FORM:
County Counsel
ATTEST: ATTEST:
City Recorder Recording Secretary
'LOCATION MAP
This map shows the Seven Oaks Interchange Area,
within which future develocme.^.t is governed
by Urban Growth Policy ;7.
M.1P NZ
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