HomeMy WebLinkAboutOrdinance 2001ORDINANCE NO.a(MI
AN ORDINANCE AMENDING AN AGREEMENT BETWEEN THE CITY OF CENTRAL
POINT, OREGON (CITY) AND JACKSON COUNTY, OREGON (COUNTY) FOR THE
JOINT MANAGEMENT OF THE CENTRAL POINT URBAN GROWTH BOUNDARY.
Recitals:
A. The City of Central Point (City) is authorized under Oregon Revised Statute
(ORS) Chapter 197 to prepare, adopt and revise comprehensive plans and
implementing ordinances consistent with the Statewide Land Use Planning
Goals.
B. The City has coordinated its 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 Comprehensive Plans.
C. Pursuant to authority granted by the City Charter and the ORS, the City may
amend the Central Point Urban Growth Boundary Management Agreement
with Jackson County which was originally adopted on September 26, 1984
and has been amended at various times since.
D. Pursuant to the requirements set forth in CPMC Chapter 17.96.100
Comprehensive Plan and Urban Growth Boundary Amendments — Purpose
and Chapter 17.05.010, Applications and Development Permit Review
Procedures, the City has accepted an application and conducted the following
duly advertised public hearings to consider the proposed amendment:
a) Planning Commission hearing on November 20, 2014
b) City Council hearings on January 8, 2015 and January 22, 2015.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
Section 1. Based upon all the information received, the City Council adopts the
findings of fact and conclusions of law set forth in the City staff report and file records;
determines that changing community conditions, needs and desires justify the
amendments and hereby adopts the changes entirely.
Section 2. The City Urban Growth Boundary Management Agreement (UGBMA)
is hereby amended as set forth in Exhibit 1 which is attached hereto and by this
reference incorporated herein.
Section 3. The City Manager is directed to conduct post acknowledgement
procedures defined in ORS 197.610 et seq. upon adoption of the changes to the
UGBMA.
Section 4. Effective date. The Central Point City Charter states that an ordinance
enacted by the council shall take effect on the thirtieth day after its enactment. The
effective date of this ordinance will be the thirtieth day after the second reading.
Passed by _ the Council and signed by me in authentication of its passage this
day of .V1�_Uda_llJ� 20j�,S.-
Mayor Hank Williams
ATTE
City Recorder
AGREEMENT BETWEEN THE CITY OF CENTRAL POINT, OREGON (CITY)
AND JACKSON COUNTY, OREGON (COUNTY)
FOR THE JOINT MANAGEMENT OF THE CENTRAL POINT URBAN
GROWTH BOUNDARY
WHEREAS, under ORS 190.003 to 190.030, and 197.175, et seq. City and County are
authorized to enter into intergovernmental agreements and are required to prepare and
adopt Comprehensive Plans consistent with Statewide Planning Goals; and
WHEREAS, under ORS 197 - State Land Use Goal 14, Ur 'on, the "Establishment
and change of the boundary shall be a cooperative penceeen a city and the county
or counties that surround it"; and
WHEREAS, City and County have adopted a Regional Plan which necessitates revisions
to the previous agreement; and ! ., . ;�,
WHEREAS, City and County recognize unportance of providing an orderly
transition of urban services from County to City jurisdiction and administration as the
Urban Reserve transitions from a rural to an urban character; and
WHEREAS, ORS 190.003, et seq. requires that an intergovernmental agreement relating
to the performance of functions or activities by one unit of local government for another
shall be adopted and shall specify the responsibilities between the parties;
NOW, THEREFORE, the City and County adopt the following urban growth policies
which shall serve as the basis for decisions pertaining to development and land uses in
the area between the City limits of Central Point and its urban -growth boundary, and
other lands that are of mutual interest or are of 'ficant importance to Central Point's
long-range growth and development.
DEFINITIONS
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. BOC: Jackson County Board of Commissioners.
3. Comprehensive Plan: State -acknowledged comprehensive plan adopted by City or
County.
4. Contract Annexation: A process whereby the City, County, and other involved
parties enter into a contract that permits:
A) The parties to administer urban land use regulations on the development of
property following an annexation decision while the property remains under
County jurisdiction; and
B) The City to annex property developed to City densities and uses, with the
improvement to appear on the County tax rolls prior to the effective date of
annexation, resulting in a greater benefit to the tax base of the community.
5. Council: City of Central Point City Council
6. Develop: To bring about growth or create new opportunities for growth; to cause
the expansion of available lands; to extend public facilities or services; to
construct, alter or expand a structure; to conduct a mining operation; to make a
change in the use of appearance of land; to divide land into smaller parcels; to
create or terminate rights of access, etc.
7. LDO: Jackson County's Land Development Ordinance.
8. Non -Resource Land: Land that is not subject to the statewide Goals listed in OAR
660-004-0010(1)(a) through (g) except subsections (c) and (d).
9. Planning Services: Legislative activities, such as adoption and amendment of
comprehensive plan text and maps, adoption and amendment of land use
regulations, and quasi-judicial processing of land use actions.
10. Resource Land: Land that is subject to the statewide Goals listed in OAR 660-
004-0010(1)(a) through (g) except subsections (c) and (d).
11. Subdivide or Partition Land: The act of dividing the legal ownership of land into
smaller units, as set forth in Oron Revised Statutes 92.010.
12. Urban/Public Facilities and Services: Basic facilities that are planned for and
provided by either the private or public sector, and are essential to the support of
development in accordance with the City's Comprehensive Plan. Such facilities
and services include, but are not limited to, police and fire protection, sanitary
facilities, public water and storm drain facilities; planning, zoning, and
subdivision controls; health services; recreation facilities and services; energy and
communication services; and community governmental services including schools
and transportation.
13. Urban Growth Boundary: A site specific line on the Official Plan and Zoning
Map of Jackson County, which identifies and encompasses urban and urbanizable
lands within the County, including:
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A) URBAN LAND: Residential areas generally comprised of parcels smaller
than one acre, or highly developed commercial and industrial areas which are
within incorporated cities or which contain concentrations of persons who reside
or work in the areas, including land adjacent to and outside cities, and which have
supporting urban public facilities and services.
B) URBANIZABLE LAND: Areas within an officially adopted urban growth
boundary which are needed for the expansion of that urban area, and which have
been determined to be necessary and suitable for development as future urban
land and which can be served with necessary urban public facilities and services.
14. Urban Reserve Areas (URA): Land outside of a UGB identified as highest priority
(per ORS 197.298) for inclusion in the UGB when additional urbanizable land is
needed in accordance with the requirements of Statewide Planning Goal 14.
INTENT AND PURPOSE OF AGREEMENT
The intent and purpose of this Agreement is for City and County to:
Enhance long-range planning in the Urban Growth Boundary and the Urban
Reserve.
2. Maintain and improve coordination and communication between City and
County.
3. Develop consistent policies and procedures for managing urban growth and
development within the Urban Growth Boundary.
4. Minimize impacts to property owners, local governments and service providers
related to the transition of property from within the Urban Growth Boundary to
within the City Limits.
y AWWWAN GROWTH POLICIES
1. The City of Central Point shall have primary responsibility for all future urban
level development that takes place within the City and urban growth boundary
area. Additionally:
A) All urban level development shall conform to City standards, shall be
consistent with the adopted City Comprehensive Plan, and shall meet all
appropriate requirements of the City Zoning Ordinance and Map.
B) The term "urban level development" shall be generally defined, for
purposes of this agreement, as any commercial or industrial development,
and any residential development, partitioning, or subdivision that creates
actual or potential densities greater than allowed by the City's Residential
Low-density District (R -L). The expansion or major alteration of legally
existing commercial or industrial use shall also be considered urban level
development.
C) Urban level development proposals submitted through County processes
must be accompanied by a contract to annex to the City.
2. A change in the use of urbanizable land from a use designated on the Jackson
County Comprehensive Plan/Zoning Map to uses shown on the City
Comprehensive Plan shall occur only upon annexation or contractual intent to
annex to the City. Additionally:
A) Development of land for esignated in the Comprehensive Plan shall
be encouraged on vacant or underdeveloped lands adjacent to or within the
City limits prior to the conversion of other lands within the urban growth
boundary.
B) Urban facilities and ices iitust be adequate in condition and capacity to
accommodate the additional level of growth, as allowed by the
Comprehensive Plan, prior to or concurrent with the land use changes.
C) The City may initiate annexation and zone changes of lands outside the
City limits and within the UGB that are under a County "Exclusive Farm
Use" designation or otherwise enjoying farm -related tax incentives when
such lands are needed for urban development.
City annexation shall only occur within the framework of the City's
Comprehensive Plan and within the Urban Growth Boundary.
4. Except as provided in Policy 11 of this agreement, specific annexation decisions
shall be governed by the City of Central Point. The City will provide
opportunities for the County and all affected agencies to respond to pending
requests for annexation with the response time limited to sixty days to minimize
any unnecessary and costly delay in processing.
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:
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A) The City shall be requested to respond to pending applications for land use
changes in the unincorporated urbanizable area If no response is received
within fourteen days, the County will assume the City has no objections to
the request
B) The City will request that the County respond to pending applications for
land use changes within the incorporated area which could affect land
under County jurisdiction. If no response is received within fourteen days,
the City will assume the County has no objections to the request.
C) Recognizing that unincorporated areas within the Urban Growth Boundary
could ultimately become part of Central Point, the City's
recommendations will be given due consideration. It is the intent of the
County to administer a mutually adopted City/County policy in the
urbanizable area until such time as the area is annexed.
Lands in the vicinity of the Seven Oaks Interchange. as delineated on Map 1
attached, are considered unique because of the transportation facilities present.
The I-5 Interchange Area Management Plan (IAMP) for Exit 35 addresses the
unique characteristics of the area and recommendations from the plan will be
incorporated into the City and County Comprehensive Plans. Portions of this area
are in Central Point's Urban Reserve while the remainder is designated an Area of
Mutual Planni Concern and shall be protected from premature development.
Additionally;
A) The County shall ensure that the area remains in a rural character so that a
priority is placed on urban development within the UGB, as planned.
B)The Seven Oaks Interchange Area of Mutual Planning Concern shall
retain its present County Comprehensive Plan and Zoning Map k"
designation, or similar "rural" designation, until such time as the area can
be shown to be needed for the City's urbanization, in accordance with the
seven urbanization factors of Statewide goal 14 and the provisions of this
agreement that pertain to City -initiated comprehensive plan amendments.
8. Lands in the vicinity of and including Forest/Gibbon Acres west of Table Rock
Road, as delineated on Map 2 attached, are considered remote to Central Point at
this time. Although located outside of any Urban Reserve, this area is designated
an Area of Mutual Planning Concern and shall be protected from premature or
more intense development. Additionally:
A) The County shall ensure that the area remains in a rural character so that a
priority is placed on urban development within the UGB and URAs, as
planned.
B) The Forest/Gibbon Acres Area of Mutual Planning Concern shall retain its
present County Comprehensive Plan and Zoning Map designation, or
similar "rural" designation, until such time as the area can be shown to be
needed for the City's urbanization or for inclusion in Medford or in White
City should it incorporate. Inclusion in a planning area will occur in
accordance with the seven urbanization factors of Statewide goal 14 and
the provisions of this agreement that pertain to City -initiated
comprehensive plan amendments.
9. Lands under the ownership of Jackson County between Gebhard Road and
Interstate -5 north of Pine Street, including the Jackson County Expo (fairgrounds)
and property in the ownership of Jackson County adjacent to the Expo as
delineated on Map 3 attached, are designated an Area of Mutual Planning
Concern and shall be protected from uncoordinated land use development.
Additionally:
A) The County shall ensure till land use planning that occurs will be
coordinated with the City so that a priority is placed on urban development
within the UGB and URAs, as planned
B) The Jackson County Expo Area of Mutual Planning Concern shall retain
its present County Comprehensive Plan and Zoning Map designation, or
designaopns unique to the fairground master plan, until such time as the
area can be shown to be needed for the City's urbanization, in accordance
with the seven urbanization factors of Statewide goal 14 and the
provisions of this agreement that pertain to City -initiated comprehensive
plan amendments.
C) During the first coordinated Periodic Review process for the Regional
Plan, Jackson County shall consider including the land occupied by the
Jackson County Expo to the City of Central Point Urban Reserve Area.
D) The impacts of County development upon City and Regional
infrastructure shall be assessed and mitigated in order to obtain a mutually
beneficial outcome to both entities.
10. Lands within the urbanizable area which currently support a farm use shall be
encouraged, through zoning and appropriate tax incentives, to remain in that use
for as long as is "economically feasible".
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
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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,
URA's 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.
11. The City and County acknowledge the importance of protecting agricultural
lands. Therefore:
A) While properties are in ural use, the City will apply the below
standards when adjacent lands are proposed for urban residential
development:
RXI
L 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 agricultural spray drift, the development's
design should incorporate:
a. The use of landscaping and berms where a positive
buffering benefit can be demonstrated.
b. The orientation of structures and fencing relative to usable
exterior space such as patios, rear yards and courts, such
that the potential impacts from spray drift, dust, odors, and
noise intrusion are minimized.
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 the Jackson County Regional Plan and adopted by the City of
Central Point have or can and will be met, prior to annexation or urban
development of lands.
C) The City and County mutually agree to involve affected Irrigation Districts
prior to annexation or when contemplating urban development of lands.
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12. The City, County, and other affected agencies shall coordinate the expansion and
development of all urban facilities and services within the urbanization area.
Additionally:
A) Provisions for urban facilities and services shall be planned in a manner
limiting duplication in an effort to provide greater efficiency and economy
of operation.
B) A single urban facility or service extended into the urbanizable area must
be coordinated with the planned future development of all other facilities
and services appropriate to that area, and shall be provided at levels
necessqll for expected uses, as designated in the City's Comprehensive
Plan._- 4
13, All County road construction and reconstruction resulting from new development,
redevelopment, or land division, in the urbanizable area shall be to urban
standards, except that the term "reconstruction" does not include normal road
maintenance by the County.
14. Except for URAs, no other land or non -municipal improvements located
outside the Urban Growth Boundary shall be permitted to connect to the water
line serving Erickson unless it is fust included in the Urban Growth Boundary
or a "reasons" exception is taken to applicable Statewide Land Use Planning
Goals which allows such connection. The owners of such benefited property
must sign an irrevocable consent to annex to the City of Central Point.
AMENDMENTS AND CORRECTIONS TO THE URBAN GROWTH BOUNDARY
The procedure for joint City and County review and amendment of urban growth
boundary and urbanization policies are established as follows:
MAJOR REVISIONS
Major revisions in boundary or policies will be considered amendments to both the City
and County comprehensive plans and, as such, are subject to a legislative review process.
A major revision shall include any boundary change that has widespread and significant
impact beyond the immediate area, such as quantitative changes allowing for substantial
changes in population or significant increases in resource impacts; qualitative changes in
the land use itself, such as conversion of residential to industrial use, or spatial changes
that affect large areas of many different ownerships. Any change in urbanization policies
is considered a major revision.
Major revisions will be considered by the City and County at periodic intervals in
accordance with the terms of the mutually adopted urban growth boundary agreements
between the County and each municipal jurisdiction. It is the intent of the governing
bodies to review the urban growth boundary and urbanization policies for consistency
upon completion of the City and County Comprehensive Plans.
A request for major revision can be initiated only by the County or City governing bodies
or their respective planning commissions. Individuals, groups, citizen advisory
committees, and affected agencies may petition the County or appropriate City in
accordance with the procedural guidelines adopted by the jurisdiction for initiating major
legislative amendments. The party who seeks the revision shall be responsible for filing
adequate written documentation with the City and County governing bodies. Final
legislative action on major revision requests shall be based on the factors stated in each
mutually adopted urban growth boundary agreement. Generally these are:
A) Demonstrated need to accommodate unpredicted population trends, to
satisfy urban housing needs, or to assure adequate employment
opportunities; _
B) The orderly and economic provision of public facilities and services;
C) Maximum efficiency of land uses within the current urbanizable area;
D) Environmental, energy, economic and social consequences;
E) Compatibility of the proposed change with other elements of the City and
County comprehensive plans; and,
F) The other statewide planning goals.
Major revision proposals shall be subject to a mutual City and County review and
agreement process involving affected agencies, citizen advisory committees, and the
general public. The review process has the following steps:
A) CAC and planning commissions review and make recommendations to the
City Council and Board of County Commissioners;
B) Proposal mailed to the affected agencies and property owners; and,
C) Proposal heard and acted upon by City Council and Board of County
Commissioners.
MINOR BOUNDARY LINE ADJUSTMENTS
Minor adjustments to an urban growth boundary line may be considered subject to
similar procedures used by the City and County in hearing zoning requests. A minor
amendment is defined as focusing on specific individual properties and not having
significant impacts beyond the immediate area of the change.
Application for a minor boundary line amendment can only be made by property owners,
their authorized agents, or by a City or County governing body. Written applications for
amendments may be filed in the office of the Jackson County Department of Planning
and Development on forms prescribed by the County. The standards for processing an
application are as indicated in the mutually adopted urban growth boundary agreement.
Generally these are the same factors as for a major urban growth boundary amendment.
CORRECTION OF ERRORS
A. An error is generally considered to be a cartographic mistake, or a
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misprint, omission, or duplication in the text. They are technical in nature
00kand 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.
REVIEW. AMENDMENT AND TERMINATION OF AGREEMENT
A. This Agreement may be reviewed and amended at any time by mutual
consent of both parties, after public hearings by the Council and the Board
of Commissioners.
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B. Any modifications to this Agreement will be consistent with City and
County comprehensive plans and state law.
C. Staff from City and County will attempt to informally resolve any disputes
regarding the terms, conditions, or meaning of this Agreement. For any
disputes not resolved through this informal process, the Council and the
BOC will meet jointly in an attempt to resolve those disputes. Either party
may request the services of a mediator to resolve any dispute.
D. This Agreement may be terminated by either party subsequent to
dissolution of a URA or an Area of Mutual Planning Concern. Such
termination shall proceed through a properly noticed public hearing
process.
T i
This agreement supersedes the prior agreement between the parties on the same subject
matter approved by the County on
, 20
CITY OF CENTRAL POINT
Hank Williams, Mayor DATE
V
City Administrator
20, and by the City on
JACKSON COUNTY
BOARD OF COMMISSIONERS
Don Skundrick, Chair
!XJ 0 • '
Recording Secretary
11
DATE
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Urban Growth Boundary
Areas of Mutual Planning Concern
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Map 2
Urban Growth Boundary
Areas of Mutual Planning Concern
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Map 3
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Areas of Mutual Planning Concern
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