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HomeMy WebLinkAboutCouncil Resolution 735RESOLUTION NO. ~~ A RESOLUTION ADOPTING A "CITY OF CENTRAL POINT POLICIES RE PROVISION OF CITY WATER TO CUSTOMERS OUTSIDE CITY LIMITS" WHEREAS, the City of Central Point finds it necessary to reduce to writing its policies pertaining to the provision of City water to customers outside city limits. Such policies are based upon existing rules promulgated by the Medford Water Commission and Jackson County, Oregon. Now, therefore; BE TT RESOLVED BY THE CITY COUNCIL OF THE. CITY OF CENTRAL POINT, OREGON, that the "City of Central Point Policies re Provision of City Water to Customers Outside City Limits" policy statement document, a copy of which is attached hereto and by this reference incorporated herein, is adopted as the official city policy on that topic. Passed by the Council and. s'gned by me in authentication of its passage this ~_ day of 1995. Mayor Rusty McGrath ATTEST: ~M ii/~ City Re sen ative Approved by me this ~ day of 1995. ~~~ Mayor Rusty McGrath 1 - RESOLUTION NO. ~~5 (062095) CITY OF CENTRAL POINT POLICIES RE PROVISZON OF CITY WATER TO CUSTOMERS OUTSIDE CITY LIMITS Section 1. Purpose and Scone. The City of Central Point, Oregon ("City" hereafter) purchases its municipal water supply from the City of Medford, through the Medford Water Commission ("MWC" hereafter). MWC has adopted certain policies relating to whether and under what circumstances MWC will allow City (and other cities purchasing water from MWC) to serve customers who are located outside city limits. MWC and City also have a written agreement containing limitations on City's ability to serve customers outside the city limits. Finally, Jackson County, Oregon, has, pursuant to state law, adopted several restrictions on cities' ability to provide water to customers outside urban growth boundaries. City is required to comply with all MWC and Jackson County regulations, and is prohibited from serving customers outside city limits except in compliance with those regulations. The purpose of the policies set forth herein is to provide uniform information, guidelines and procedures to all persons, including businesses, who seek to obtain water service from City for locations outside city limits. Section 2 Areas Outside City But Inside City Urban Growth Boundary. Areas located completely inside the City's Urban Growth Boundary may be served without permission from MWC or Jackson County, except that if any one customer expects to use more than two million gallons per day, permission from MWC is required. Before service to areas located completely within the Urban Growth Boundary may be served, Central Point imposes the following conditions: A. The areas proposing to be served must first make application to annex into City. If annexation is denied, the owner or owners of the property shall sign an irrevocable consent to annex to the City. Such agreement shall be recorded so as to bind all present and future owners of the property. B. The persons or businesses requesting service shall be responsible for the construction costs of the water delivery system (pipes, valves, etc.), either by direct payment to City on terms acceptable to City, or by formation of a Local Improvement District, with assessments to benefitted properties. 1 - CITY OF CENTRAL POINT POLICIES RE PROVISION OF CITY WATER TO CUSTOMERS OUTSIDE CITY LIMITS (062195) C. The property owner must pay all connection fees, system development charges and any other fees required by the City. D. The water facilities needed to supply the property must be installed to full "urban" standards, as determined by the City. This shall include minimum main sizes of eight inches, fire hydrants spaced according to City of Central Point Fire Department standards, high level facilities, and any other standards applicable to development in an urban area. E. Customers outside the city will be required to pay a higher rate for their water than customers inside the city. Such rate will be set by City and will take into account the cost of obtaining and delivering the water, along with any other factors deemed relevant by City. Section 3 Areas Outside Urban Growth Boundary, But inside Urban Reserve Areas. City currently does not have any established urban reserve areas (as of July 1, 1995). However, in the event that urban reserve areas are established, properties within those areas can, under MWC rules, be served by City. However, Jackson County has regulations which must be met in order for those areas to be served by City. The following is a list of the applicable requirements, each of which must be met, in order for water service to be provided to areas outside City's Urban Growth Boundary, but within an urban reserve area. A. All requirements set forth in Section 2 above. B. The area to be served must be deemed, under Jackson County ordinances, to be a "pocket of existing urban or suburban level development". That term means that the area: 1. Is zoned for: (a) 5 acres or less; or (b) General commercial; or (c) Neighborhood commercial; or (d) General industrial; or (e) Light industrial; AND 2. An exception for the area to be served has been taken, through Jackson County land use procedures, to Statewide Planning Goals 3 and 4. 2 - CITY OF CENTRAL POINT POLICIES RE PROVISION OF CITY WATER TO CUSTOMERS OUTSIDE CITY LIMITS (062195) C. There must be established, through Jackson County land use procedures, that there exists on the area to be served a "probable health hazard". That term means, under Jackson County ordinances, "a finding by the Health Department of a total lack of potable water supply for domestic use to an existing residence, for which there is no reasonable alternative solution other than the extension of water system facilities". The Jackson County requirements set forth in paragraphs B and C above will be waived if the applicant is able to establish what is known as a "reasons exception" to the "Public Facilities and Services" provisions of the Jackson County Comprehensive Plan. The procedures to obtain a "reasons exception" are found in Oregon Administrative Rules Chapter 660, Division 4, and. are too lengthy to set forth in this document. That process is done through Jackson County. In general, persons wishing to establish a "reasons exception" are advised to consult a land use consultant. Section 4. Areas Outside Urban Growth Boundary, Outside of Mutual Planning Concern". This area, in the vicinity of the Seven Oaks Interchange area north of the city, is outside the Urban Growth Boundary and is not currently within any urban reserve area. MWC allows service in this area, but under Jackson County ordinances, service can be extended to properties in this area only if every condition set forth in Section 3 pertaining to areas within urban reserve areas are also met. The standards for the Seven Oaks Interchange "Area of Mutual Planning Concern" are the same as the standards for urban reserve areas. Mutual Planning Concern". Under its water supply contract with MWC, Central Point cannot provide service to any area that is not within one of the following: A. Central Point's Urban Growth Boundary; or B. Central Point's Urban Reserve Area; or C. The Seven Oaks Interchange "Area of Mutual Planning Concern". DATED this ~ day of 3 - CITY OF CENTRAL POINT POLICIES RE PROVISION OF CITY WATER TO CUSTOMERS OUTSIDE CITY LIMITS (062195) -- ~ URBP.N GROWTH BOUNDARY AND POLICY AGREEMENT ' PAGE 4. C) Recognizing that unincorporated areas within the Urban Growth "'`T 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. 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 subject property, in accordance with the requirements of the City's Conversion Plan Regulations. 7. Lands in the vicinity of the Seven Oaks Interchange, as delineated on Map 1 attached, are considered unique because of the transportation facilities present.. 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 thaf the area remains in a rural character so that a priority is placed or urban development withiri the UGB,_ as planned. ___ _ B) The Seven Oaks Interchange Area. of Mutual. Planning Concern-shall' retain its present County Comprehensive Flan and 2oriing Map designation, or Similar "rural" designation, until such time as the area can be 'shown to be needed for the City''s urbanization, in 1 accordance with the seven urbanization factors of Statewide goal 19 and 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. Imple- mentation 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 b}% the County for the purpose of maintaining acricultural 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. ". MAP kl ZOCATION MAP This mao shows the Seven Oaks Intercharae P.rea, within which future development is governed --' by Urban Growth Policy n7. 1 r - - = ---.. -- ~ _ -.. Y~ `• i _ r_::- .._ __ _ ____ _ :::~ h t .................:: ..::::.. i' -•'?'p~•'•~)ieeiSiFceii ~`•:r~:a 1 ' ~~ 7:::::: ~3:::...... s 7s::. ..:. _ I. 1 :::IFzii ':::::....' .:.:....'9iF, -q .. .....•...... ..•: o o r i i~ L•'~,itisi_;iiisics.i:i~~i;~. ' -e. I ~ ~ r - • - - - f'--" 5=>!ri :=r°.iiiii2iide'ee%idi~':- ~s wn5px- .1x, '~ RC.D- u~ • . ~_ _ ' _ I - .. J ~ s-.-- ~(ev~1~\\ I. r I \~• UFlp:r Rptp - .... ::pg. ~.ri~.::i: •:::6X:?•^ .-26"lt a-•L S\ I ~_ _M'P_.S FC I ¢~ -f := nds~~ I - - ~ - :I s r ~ i .k DeveloPmen~Y '... - . ~ - - ' ~>~entral l .--~;-I t `: •, _ eu~' aap y ____ _ .. _ < ~ 5 ,?~oin~ o `~ \•, s -.LLn pi 1 n0~p '^~',~, ~~ I x.weY[ FO.D _ . I - I et j~. ~ .. I ~ \ fr. .r_ I .un..U, ~I, I~,J Io \_ =` ~~ II •~ f I it •Y~'.,,•. , : ~ yl \ r i .-.._... .nn ~' utr 1' ~t .nu ~ i Ir..r l: 7 :• t - 6 I J I ~ , ~ I ~ oI •-I •- i LI F,;,.. 1 s g a i ---- -I -- g Y GIB90n um POAp I .m '~ ~::•::; to I •....~ti>:, I .w 3§ I cleaan np.p a l I 'ty'~:::::::;::; qq•~::•: I I ~ •A:: •:..,.. •',.; ..::. Fly I !' Y I :.. . j z o f 0 I I ~ ' Y I 'm I`R .' c'•.' ~:~%il•:; 3 _ wnspn ` ~m nap to ~_I _ _ '4 ~ I UGB :,r;~ ~^F-9iv'ti ",f ElST hus now I ~ '~. .`2 - ~ e Fair . -~-=s%^i`; .;k~vr,;~~e~ I g I - o ~~~ '~ ~;.; grO°nds ~s~f-~'''~~~„{%s~ ~~.zK,-r`~r~-.--~~. .I I 1 ,i;~ssx +~~ ;- ` e. . `e - e Pel ~~,c'r-k--v c'+C,'~~;%?~~~+ ,~. ~ I I x'y+-~ J~ >~t L 3 I ^"'j" eY .~r,:~n.X~.`.=`,+:~ w' ~ I n I ' I r..i.:l~;ySYG a 'lu:. ~ ~y "c'GS:.e i_.u.Fc.::~.Y fem. I ~mic ~" .~^."Y., I UGH-~, ~c•.z~ixin'Z.'.' ,: ~ _~ ~'I .:. 4'`,' .. r f%i`. MEGFGRG- I ~'Y°t. uw ,T~' y,- ~as~ I-a "t `: ~ C ~~i~al ~?~~~~'4 ~ Id .o I I ~ enfral.~' ,~ ~ ~ I D ,nGKSON .• tc-~,,.. ~'7.i ••'` - +~ 6 ` `n"K~~ ', FI~'''~' ~.;k~ 9i e'er ~`I COUNiI I +Poa nap .C, _ >. S4 ~ r/ ';~~ ..~~ ~'i.2. 1 ire 3' ~ ~ e + ~ .\ . -- . ~. re«. ' F ` r'. a .a I e • `~~ ~ ~ •;~f~~.~v ;y 1 r ~ A, z d Q Q 1 • .+ • I s° -„~ e. Y4 r'. sic=v~1~~'. yti, ~ I xnnlctr _ w 3tmwt nunr \ r r.~~„~L. Z' ~~ 7 ,a I wm n•m .mm- I - r-~ '• ~ G.L.` f4' ~-;~ a.n _ -! ~fit~+'~1.?%`\~~yr- I r .... (I 3 ~ ~' ''§~~ Y g I C. Sw' _ ~[ ~ ~La~. {~t',•r1. ,SS-~.•~9`• I ~ u..e.u e y I nm c •" E I j c - (ul. g .,.,. ~ X99 ~F 9~~i _ I g ~ § ."" I x I CENTRAL POINT URBANIZABLE AREA Established: August 25, 1982 UGB TOTAL AREA ------------- 2,736.8 ac. a PROJECTED POPULATION ------- 16,000 Area protected Prom premature urbanization by `':~:':~`:'?~:?~:~":'.':'':`':~:~?~:":'~.':~. Policy k7 of the City/County Urbanization Agreement. ~<:~ ^._. ~n~ y~~s-.~-",:.; URBANIZABLE AREA: Inside UGB and outside City limits. y,4TF