HomeMy WebLinkAboutOrdinance 1923ORDINANCE NO. `R
AN ORDINANCE AUTHORIZING EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT FOR THE GREATER BEAR CREEK
VALLEY REGIONAL PROBLEM SOLVING PROGRAM TO ESTABLISH THE
PROCESS FOR IMPLEMENTATION OF THE GREATER BEAR CREEK VALLEY
REGIONAL PLAN
RECITALS:
1. The City of Central Point (City) is authorized under Oregon Revised Statute (ORS)
197.656 to enter into a collaborative regional problem -solving process.
2. Pursuant to ORS 197.656(2)(b) the regional problem -solving process must include an
agreement signed by all participants.
NOW THEREFORE, THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS
FOLLOWS:
Section 1. At its public hearing on December 4, 2008, the City Council reviewed
Planning Commission Resolution No. 761 and received public testimony from all interested
persons. Based upon all of the information received, the City Council adopts the findings and
conclusions set forth in Planning Commission Resolution, and based upon the same, the City
Council finds the Agreement, as presented in Exhibit "A", to be acceptable.
Section 2. The Mayor of the City of Central Point is hereby authorized to sign the
Agreement for the Greater Bear Creek Valley Regional Problem Solving Program thus
establishing the process necessary to implement the Bear Creek Valley Regional Plan, which
agreement is on file in the City Recorder's office.
PASSED by the City Council and signed by me in authentication of its passage this 18'b day of
December, 2008. O / AA `
Mayor Hank Williams
ATTE
ity -Representative
Approved by me this CXry. day of , 2008.
" ,
Mayor Hank Williams
1 — Ordinance No.
EXHIBIT "A"
1 GREATER BEAR CREEK VALLEY
2 REGIONAL PROBLEM SOLVING AGREEMENT
3
4
5 This REGIONAL PROBLEM SOLVING AGREEMENT (the "Agreement") is
6 entered into this of , 2008 by and between Jackson County, the duly
7 incorporated Oregon municipalities of Medford, Phoenix, Central Point, Jacksonville,
8 Talent, Eagle Point, and Ashland, the Land Conservation and Development Commission
9 (LCDC), the Department of Land Conservation and Development ("DLCD"), the Oregon
10 Department of Transportation ("ODOT"), the Oregon Department of Housing and
11 Community Services ("ODHCS"), the Oregon Economic and Community Development
12 Department ("OECDD"),the Oregon Department of Environmental Quality (DEQ), the
13 Oregon :Department of Agriculture ("ODA"), the Metropolitan Planning Organization
14 (RVMPO), and Rogue Valley Sewer Services (RVS).
15
16 RECITALS
17 WHEREAS .Jackson County and the cities of Phoenix, Medford, Central Point, Eagle
18 Point, Jacksonville, Ashland, .and Talent (each a "Local Jurisdiction" and collectively, the
19 ".Region") are part of the Greater Bear Creek Valley, described more particularly in the
20 draft Plan, attached hereto as Exhibit A, and incorporated by this "reference, that expects
21 to see a doubling of the population over the long term future; and
22 WHEREAS the increasing population in the Region will create an ongoing
23 demand for additional lands available for urban levels of development; and
24 WHEREAS that demand for urbanizable land will have to be balanced with the
25 Region's need to maintain its high quality farm and forest lands, as well as to protect its
26 natural environment; and
27 WHEREAS the Local Jurisdictions recognize that long-term planning for which
28 lands in the Region are most appropriate for inclusion in each municipality's urban
29 reserve areas ("URAs") in light of the Region's social, economic, and environmental
30 needs is best determined on a regional basis; and
31 WHEREAS the draft Plan is the RPS Policy Committee's recommended means of
32 elaborating the regional solutions to the identified regional problems; and
33 WHEREAS the State's Regional Problem Solving ("RPS") statute provides a
34 special process for addressing regional land use issues that allows the Local Jurisdictions,
35 upon the satisfaction of certain conditions, to implement regional strategies through the
36 adoption of post -acknowledgement comprehensive plan amendments that do not fully
37 comply with the otherwise applicable regulations (the "Regulations") of the Land
38 Conservation and Development Commission ("LCDC") to implement the Statewide
39 Planning Goals (the "Goals"); and
40 WHEREAS one of the conditions the Local Jurisdictions must satisfy in order to
41 deviate from the Regulations is that all the participants in the RPS process enter into an
42 agreement that: identifies the problem faced by the Region; the goals that will address the
43 problem; the mechanisms for achieving those goals; and the system for monitoring the
44 implementation and effectiveness of those goals; and
45 WHEREAS various entities were identified as potential stakeholders within the
46 regional planning process, and invitations were extended to every incorporated
I jurisdiction (Jackson County, Eagle Point, Medford, Jacksonville, Central Point, Phoenix,
2 Talent, and Ashland), school district (Ashland School District 45, Central Point School
3 District 46, Jackson County School District #9, Medford School District 549C, and
4 Phoenix -Talent School District #4), and irrigation district (Eagle Point, Medford, Rogue
5 River, and Talent Irrigation Districts) in the Region, plus the Medford Water Commission,
6 the Metropolitan Planning Organization, Rogue River Valley Sewer Services, Rogue
7 Valley Transportation District, and the appropriate state agencies (DLCD, ODOT, ODA,
8 ODHCS, OECDD, and DEQ); and
9 WHEREAS the stakeholders mentioned above chose to exercise different levels
10 of participation and responsibility within the planning process, the "participants" (as the
11 term is employed in ORS 197.656(2)(b)), are those jurisdictions and agencies that elect,
12 by signing this Agreement, to implement the regional solutions to the regional problems
13 identified hereinafter; and
14 WHEREAS signatory participants (Signatories) have chosen to exercise different
15 levels of activity and responsibility within the implementation phase of the adopted Plan,
16 Implementing Signatories are those participants which will amend their comprehensive
17 plans per Section VI (3) of this Agreement to implement the adopted Plan, and
18 Supporting Signatories are those participants which will otherwise support the
19 implementation of the adopted Plan; and
20 WHEREAS the Implementing Signatories are Jackson County and the cities of
21 Eagle Point, Medford, Central Point, Phoenix, Talent, Jacksonville, and Ashland; and
22 Supporting Signatories are the Rogue Valley Sewer Services (RVS), the Rogue Valley
23 Metropolitan Planning Organization (RVMPO), the Land Conservation and Development
24 Commission (LCDC), and signatory state agencies; and
25 WHEREAS this Agreement is intended to serve as the basis -for amendments to
26 the comprehensive plans and land use regulations of the Implementing Signatories in
27 compliance with ORS 197.656.
28
29 AGREEMENT
30 NOW THEREFORE, the parties to this Agreement agree to propose
31 comprehensive plan and land use regulation amendments processes based on the attached
32 draft Plan (Exhibit A). With this agreement, participants acknowledge that,
33 notwithstanding the fact that the draft Plan is the result of eight years of collaborative and
34 jurisdiction -specific planning, it may become necessary to make adjustments to the draft
35 Plan as a result of the comprehensive plan amendment process.
36 I. Recitals
37
The recitals set forth above are true and correct and are incorporated herein by
38
this reference.
39 II.
General Agreement
40
Signatories to this Agreement agree to abide by a Plan developed under
41
Regional Problem Solving, as adopted by Implementing Signatories into their
42
comprehensive plans, and acknowledged by the State of Oregon. Implementing
43
Signatories agree to maintain internal consistency with the adopted Plan on an
44
ongoing basis, and when necessary and appropriate, either to amend their
45
comprehensive plans and related policies, codes, and regulations to be
Page 2 of 16
I consistent with the adopted Plan, or to pursue amendments to the adopted Plan.
2 The Land Conservation and Development Commission (LCDC) agrees to
3 review the Implementing Signatories' comprehensive plan and land use
4 regulation amendments under ORS 197.656(2), and agrees that this Agreement
5 contains the elements required by ORS 197.656(2)(b). Notwithstanding the
6 generality of the foregoing provision and any other provision of this Agreement,
7 however, LCDC retains its full discretion and authority with respect to its
8 review of the adopted Plan, or any amendments to the adopted Plan, and with
9 respect to its review of the amendments to comprehensive plans and land use
10 regulations that the Implementing Signatory Jurisdictions adopt to implement
11 the adopted Plan. The adopted Plan shall be what is adopted as a result of
12 Jackson County's comprehensive plan amendment process.
13
14 The process for amending the comprehensive plans of Jackson County and
15 Implementing Signatories is described in the attached work program (Exhibit B),
16 which details the tasks and timing necessary to coordinate the initial
17 comprehensive plan amendments necessary to adopt the Plan.
18
19 Per ORS 197.656, all amendments to the adopted Plan will be subject to review
20 by LCDC in the manner of periodic review or as set forth in ORS 197.251.
21
22 III. Statement of Problems to Be Addressed [ORS 197.6561
23
The parties to the Greater Bear Creek Valley RPS process (the "Project")
24
identified three problems to be addressed by the Project:
25
As our communities have expanded incrementally, there has been a tendency to
26
PROBLEM # 1: Lack of a Mechanism for Coordinated Regional Growth
27
Planning
28
The Region will continue to be subjected in the future to growth pressures that
29
will require the active collaboration of jurisdictions within the Greater Bear
30
Creek Valley. A mechanism is needed that accomplishes this without infringing
31
on individual jurisdictional authority and/or autonomy. This Problem #1 shall be
32
referred to hereinafter as "Coordinated Growth Management."
33
34
PROBLEM # 2: Loss of Valuable Farm and Forest Land Caused by Urban
35
Expansion
36
As our communities have expanded incrementally, there has been a tendency to
37
convert important farm and forest lands to urban uses while bypassing lands
38
with significantly less value as resource lands. This has been exacerbated by the
39
Region's special characteristics and historic settlement patterns, which can
40
cause some state regulations governing urban growth to have unintended
41
consequences, some of them contrary to the intent of Oregon's Statewide
42
Planning Goals. This Problem #2 shall be referred to hereinafter as the
43
"Preservation of Valuable Resource Lands."
44
45
PROBLEM # 3: Loss of Community Identity
Page 3 of 16
I
Urban growth boundary expansions have contributed to a decreasing separation
2
between some of the communities in the Region, which jeopardizes important
3
aspects of these jurisdictions' sense of community and identity. This Problem
4
#3 shall be referred to hereinafter as the "Preservation of Community Identity."
5
6 IV.
Project Goals [ORS 197.656(2)(A)]
7
The parties to this Agreement have adopted the following goals with respect to
8
the Problems:
9
10
GOAL #1: Manage future regional growth for the greater public good.
11
12
GOAL #2: Conserve resource and open space lands for their important
13
economic, cultural, and livability benefits.
14
15
GOAL #3: Recognize and emphasize the individual identity, unique
16
features, and relative comparative advantages and disadvantages of each
17
community within the Region.
18
19 V. Optional Techniques for Implementation [ORS 197.656(2)(B)]
20 (where "optional techniques for implementation" refers to strategies and
21 mechanisms to implement regional solutions that are in compliance with the
22 statewide goals and statutes, but which may not strictly adhere to Oregon
23 Administrative Rules). These optional techniques for implementation are those
24 identified as appropriate for implementation of the draft Plan. As stated in the
25 Recitals, it may become necessary to make adjustments to the draft Plan, and
26 potentially these optional techniques for implementation, as a result of the
27 public comprehensive plan amendment process.
28 A. PROBLEM #1: Lack of a Mechanism for Coordinated Regional Growth
29 Planning
30 GOAL #1: Manage Future Regional Growth for the Greater Public Good
31 Optional Implementation Techniques
32 (1) Coordinated Periodic Review
33 Implementing Signatories may engage in a coordinated schedule of regular
34 Periodic Reviews following the adoption of the Plan. This regionally
35 coordinated Periodic Review will begin in 2012, will take place every 10 years,
36 and will coincide with the ten-year regular review of the adopted Plan. This
37 coordinated Periodic Review will provide an opportunity to take advantage of
38 an economy of scale in generating technical information, and to incorporate a
39 regional perspective in the Periodic Review process, but it does not mandate a
40 simultaneous or linked process among jurisdictions.
41 (2) Ten-year RPS Review
42 Implementing Signatories will abide by the review process described in Section
43 VI of this Agreement. The review process complies with the monitoring
44 requirement in the RPS statute, and affords participating jurisdictions flexibility
45 in responding to changing regional and local circumstances by establishing a
46 process and venue for amending the adopted Plan.
Page 4 of 16
1 (3) Coordinated Population Allocation
2
Jackson County's allocation of future population growth, a state -mandated
3
responsibility of the County, will reflect the Implementing Signatories'
4
proportional allocation of future population within the adopted Plan and its
5
future amendments consistent with statute.
6
(4)
Greater Coordination with the RVMPO
7
As a proven mechanism of regional collaborative planning in the study area, the
8
RVMPO, as the federally designated transportation planning entity, will plan
9
and coordinate the regionally significant transportation strategies critical to the
10
success of the adopted Plan. Of special focus will be the development of
11
mechanisms to preserve rights-of-way for major transportation infrastructure,
12
and a means of creating supplemental funding for regionally significant
13
transportation projects.
14
15
B.
PROBLEM # 2: Loss of Valuable Farm and Forest Land Caused by Urban
16
Expansion
17
GOAL #2: Conserve resource and open space lands for their important
18
economic, cultural, and livability benefits.
19
Optional
Implementation Techniques
20
(1)
Long Range Urban Reserves
21
The establishment of Urban Reserves sufficient to serve a doubling of the
22
Region's urban population will allow long-term production decisions to be
23
made on agricultural land not included in urban reserves.
24
(2)
Regional Agricultural Buffering Standards
25
Implementing Signatories will apply the adopted Plan's set of agricultural
26
buffering standards as a means of mitigating negative impacts arising from the
27
rural/urban interface.
28
(3)
Critical Open Space Area (COSA) Preservation
29
The COSA strategies outlined in Appendix IX of the draft Plan are available as
30
an option to Signatory jurisdictions interested in further accentuating or more
31
permanently preserving areas of separation between communities (community
32
buffers). These COSA strategies are not mandatory for any jurisdiction, and
33
may be refined or expanded as individual jurisdictions see fit.
34
35
C.
PROBLEM # 3: Loss of Community Identity
36
GOAL #3: Recognize and emphasize the individual identity, unique
37
features, and relative comparative advantages and disadvantages of each
38
community within the Region.
39
Optional
Implementation Techniques
40
(1)
Community Buffers
41
The establishment of Urban Reserves outside of recommended areas of critical
42
open space provides for a basic level of preservation for the Region's important
43
areas of community separation.
44
(2)
Allocating to Comparative Advantages
45
The Region agrees to a distribution of the calculated need of residential and
46
employment lands among Implementing Signatories necessary to support a
Page 5 of 16
I regional doubling of the population. This distribution, which depends on a
2 number of factors that relate to the comparative strengths and weaknesses of
3 Implementing Signatories, will allow each community to develop its own
4 balance of viability and individuality within the larger regional matrix.
5 (3) Critical Open Space Area (COSA) Preservation
6 The COSA strategies outlined in Appendix IX of the draft Plan are available as
7 an option to Signatory jurisdictions interested in further accentuating or more
8 permanently preserving areas of separation between communities (community
9 buffers). These COSA strategies are not mandatory for any jurisdiction, and
10 may be refined or expanded as individual jurisdictions see fit.
11
12 VI. Measurable Performance Indicators [ORS 197.656(2)(C)]
13 These measurable performance indicators are those identified as appropriate for
14 monitoring purposes of the adopted Plan. As stated in prior sections, it may
15 become necessary to make adjustments to the draft Plan, and potentially these
16 measurable performance indicators, as a result of the comprehensive plan
17 amendment process.
18 The following are measurable performance indicators:
19 1) On a regular basis, every 10 years starting in 2012, the Implementing
20 Signatories may participate in a process of coordinated periodic review.
21
22 2) On a regular basis, every 10 years starting in 2012, Implementing
23 Signatories to this Agreement will be subject to the regular RPS review process.
24 Jackson County shall initiate the RPS review process by providing notice of the
25 RPS review to Signatories to this Agreement and requiring that each
26 Implementing Signatory submit a self-evaluation monitoring report addressing
27 compliance with the performance indicators set out in this Section to the County
28 within 60 days after the date of the notice. Jackson County will distribute these
29 monitoring reports to all Signatories.
30
31 3) Implementing Signatory cities will incorporate the portions of the RPS
32 adopted Plan that are applicable to each individual Implementing Signatory city
33 into that city's comprehensive plan and implementing ordinances, and will
34 reference the larger regional Plan as an adopted element of Jackson County's
35 comprehensive plan. To incorporate applicable portions of the RPS adopted
36 Plan into their comprehensive plans and implementing ordinances,
37 Implementing Signatory cities will adopt at least the following:
38 a) RPS Plan policies adopted to comply with Section X(2) of this
39 Agreement;
40 b) 10 -year mandated review period;
41 c) urban reserve areas (if appropriate);
42 d) target residential densities (for the urban reserve areas);
43 e) agricultural buffering standards (for the urban reserve areas);
44 f) implementing ordinances (for the urban reserve areas).
45
Page 6 of 16
1 4) Implementing Signatories will comply with the general conditions as listed
2 in Section X of this Agreement, and, as appropriate, the specific conditions of
3 approval for selected urban reserves, as described in the adopted Plan.
4
5 5) Implementing Signatory jurisdictions serving or projected to serve a
6 designated urban reserve will adopt an Urban Reserve Management Agreement
7 (URMA) jointly with Jackson County.
8
9 6) Urban reserves identified in the adopted Plan are the first priority lands used
10 for UGB expansions by Implementing Signatories.
11
12 7) Implementing Signatory cities, when applying urban designations and zones
13 to urban reserve land included in UGB expansions, will achieve, on average
14 over a 20 -year planning horizon, at least the "higher land need" residential
15 densities in the adopted RPS Plan for buildable land as defined by OAR 660-
16 008-0005(2). The density offset strategy outlined in the draft Plan is an
17 acceptable mechanism to assist in meeting density targets.
18
8) Implementing Signatory cities, when applying urban designations and zones
19
to urban reserve land included in a UGB expansion, will be guided by the
20
general distribution of land uses proposed in the adopted RPS Plan, especially
21
where a specific set of land uses were part of a compelling urban -based
22
rationale for designating RLRC land as part of a city's set of urban reserves.
23
24
9) Conceptual plans for urban reserves will be developed in sufficient detail to
25
allow the Region to determine the sizing and location of regionally significant
26
transportation infrastructure. This information should be determined early
27
enough in the planning and development cycle that the identified regionally
28
significant transportation corridors can be protected as cost-effectively as
29
possible by available strategies and funding. Conceptual plans for an urban
30
reserve in the RPS Plan are not required to be completed at the time of adoption
31
of a comprehensive plan amendment incorporating urban reserves into a city or
32
county comprehensive plan.
33
34
10) The county's population element is updated per statute to be consistent with
35
the gradual implementation of the adopted Plan.
36
37 VII.
Incentives and Disincentives to Achieving Goals [ORS
38
197.656(2)(D)]
39
These incentives and disincentives are those identified as appropriate to the
40
draft Plan. As stated in prior sections, it may become necessary to make
41
adjustments to the draft Plan, and potentially these incentives and disincentives,
42
as a result of the public comprehensive plan amendment process.
43
Incentives
44
1) Continued regional cooperation through the 10 -year review process and
45
coordinated periodic review may improve the Region's ability to respond to
46
challenges and opportunities more effectively than it does presently.
Page 7 of 16
1 2) Adherence to the adopted Plan may provide the Region with a competitive
2 advantage, increase the attractiveness of the Region to long-term investment,
3 and improve southern Oregon's profile in the state.
4 3) Adherence to the adopted Plan may produce significant reductions in
5 transportation infrastructure costs by minimizing future right-of-way acquisition
6 costs and by improving the overall long-range coordination of transportation
7 and land use planning.
8 4) Adherence to the adopted Plan will provide Signatory jurisdictions with
9 population allocations that are predictable, transparent, and based on the relative
10 strengths of the different participating jurisdictions.
11 5) The adopted Plan will offer compelling regional justifications and state
12 agency support for Tolo and the South Valley Employment Center that may not
13 have been available to an individual city's proposal.
14 6) Adherence to the adopted Plan will permit Implementing Signatories to
15 implement the flexibility provided by the concept of the "Regional Community",
16 in which cities, in the role of "regional neighborhoods", enjoy a wide latitude in
17 their particular mix, concentration, and intensity of land uses, as long as the sum
18 of the regional parts contributes to a viable balance of land uses that is
19 functional and attractive to residents and employers and in compliance with
20 statewide goals.
21
22 Disincentives
23 1) Implementing Signatories that choose to expand their UGBs into land not
24 designated as urban reserve will be required to go through the RPS Plan minor
25 or major amendment process prior to or concurrent with any other process.
26
27 2) The Region's failure to adhere to the adopted Plan may damage its
28 competitive advantage, the attractiveness of the Region to long-term investment,
29 and southern Oregon's profile in the state.
30 3) Adherence to the RPS adopted Plan may be a rating factor for RVMPO
31 Transportation Funding. Transportation projects of Implementing Signatories
32 not adhering to the adopted Plan may be assigned a lower priority by the
33 RVMPO when considered for funding.
34 4) Jackson County may reconsider the population allocations of
35 Implementing Signatories that do not adhere to the adopted Plan.
36
37 5) Implementing Signatories not adhering to the adopted Plan may face
38 issues over failing to observe their comprehensive plans, or may find it difficult
39 to make modifications to their comprehensive plans that deviate from the
40 adopted Plan.
41
42 6) The Region's failure to adhere to the adopted Plan will compromise its
43 ability to implement the concept of the "Regional Community", and will not
44 provide the Implementing Signatory cities with as wide a latitude in their
45 desired individual mix, concentration, and intensity of land uses.
Page 8 of 16
2 VIII. Progress Monitoring System & Amendment Process [ORS
3 197.656(2)(E) and (F)]
4 This progress monitoring system and amendment process is that which is
5 identified as appropriate to the draft Plan. As stated in prior sections, it may
6 become necessary to make adjustments to the draft Plan, and potentially this
7 progress and monitoring system and amendment process, as a result of the
8 public comprehensive plan amendment process.
9
Monitoring
10
Monitoring to ensure compliance with the adopted Plan will be a shared
11
responsibility. Each Implementing Signatory city will be responsible for
12
monitoring its adherence to the portion of the adopted Plan that is incorporated
13
into its comprehensive plan. Jackson County, which will have the full adopted
14
Plan incorporated into its comprehensive plan, will be responsible for overall
15
monitoring.
16 Adherence to the RPS Plan
17 The adopted RPS Plan is directly applicable to comprehensive plan
18 amendments, land use regulation amendments, and the adoption of new land use
19 regulations that affect land in urban reserve areas and/or URA designation
20 changes. The adopted RPS Plan shall not be directly applicable to other land
21 use decisions by Implementing Signatories. Adherence to relevant RPS Plan
22 provisions adopted by Implementing Signatories as part of their comprehensive
23 plan or implementing ordinances will be addressed by the existing state and
24 local mechanisms for ensuring jurisdictional compliance with acknowledged
25 comprehensive plans and implementing ordinances.
26 RPS Plan Amendments
27 Processing amendments to the adopted Plan will be the responsibility of Jackson
28 County, and can only be proposed by the governing authority of an
29 Implementing Signatory jurisdiction. In acknowledgement of the collaborative
30 process by which the adopted Plan was created, Jackson County will have
31 available the assistance of the signatories to this Agreement through a Technical
32 Advisory Committee and Policy Committee. Both committees serve on an as -
33 needed basis, and both serve in an advisory capacity to Jackson County.
34 (a) Technical Advisory Committee
35 The TAC will comprise planners and senior -level staff from signatory
36 jurisdictions and agencies, and each signatory will have one vote, irrespective of
37 the number of participating representatives. Recommendations to the Policy
38 Committee or directly to Jackson County will be made by at least a
39 supermajority vote (simple majority plus one) of attending signatory
40 jurisdictions and agencies.
41 (b) Policy Committee
42 The Policy Committee will comprise elected officials or executive staff from
43 signatory jurisdictions and agencies. Each Implementing Signatory jurisdiction
Page 9 of 16
I will designate a voting and alternate voting member, and each Implementing
2 Signatory jurisdiction will have one vote. Recommendations to Jackson County
3 will be made by at least a supermajority vote (simple majority plus one) of
4 attending Implementing Signatories. Attending jurisdictions must constitute a
5 quorum of implementing Signatories. Supporting Signatories (State agencies,
6 the RVMPO, LCDC, and Rogue Valley Sewer Services), while Signatories, will
7 not be voting members of the Policy Committee.
8 When an amendment to the adopted RPS Plan is proposed, Jackson County will
9 make a preliminary determination regarding whether the proposed amendment
10 is a Minor Amendment or Major Amendment, as defined below, and will notify
11 signatory jurisdictions, of the County's preliminary determination. Based on its
12 preliminary determination, Jackson County will review the proposed
13 amendment according to the procedures for Minor Amendments or Major
14 Amendments set out below.
15 Per ORS 197.656, all amendments to the adopted Plan will be subject to review
16 by LCDC in the manner of periodic review or as set forth in ORS 197.251.
17 Proposed amendments to the adopted Plan will adhere to the following
18 provisions:
19
1) Minor Amendment
20
A minor amendment is defined as any request for an amendment to the adopted
21
Plan that:
22
a) does not conflict with the general conditions listed in Section X of
23
this Agreement or specific conditions of approval described in the
24
adopted RPS Plan; and
25
b) does not propose an addition of more than 50 acres to a city's
26
urban reserves established for a city in the adopted RPS Plan or more
27
than a 50 -acre expansion of the UGB into non -urban reserve rural land.
28
In the case of Ashland, which did not establish urban reserves during the
29
development of the Plan process, a proposal to establish an urban reserve or
30
expand its UGB of not more than 50 acres will be considered a minor
31
amendment.
32
Should a city exceed its limit of 50 acres for adding to its urban reserves during
33
the term of the Agreement, it may not use the minor amendment process for
34
further alterations to its urban reserves. Should a city exceed its limit of 50
35
acres for expanding its UGB into non -urban reserve rural land during the
36
planning horizon, it may not use the minor amendment process for further
37
expansions of its UGB into non -urban reserve land.
38 Any Implementing Signatory may initiate a minor amendment to the adopted
39 Plan. The Implementing Signatory must clearly identify the nature of the minor
40 amendment, and specify whether the minor amendment would require any other
41 Implementing Signatory to amend its comprehensive plan. Should any
42 Implementing Signatory other than the proposing jurisdiction and Jackson
43 County be required to amend their comprehensive plans as a result of the
Page 10 of 16
1
proposed minor amendment, the affected Implementing Signatory will be a
2
party to the minor amendment proceeding.
3
Jackson County's process for a minor amendment to the Plan will be equivalent
4
to the state and local required processes for a comprehensive plan amendment.
5
Signatory jurisdictions and agencies shall be provided with notice of the
6
County's final decision on each minor amendment request within five working
7
days of the adoption of the final decision.
8 2)
Major Amendment
9
A major amendment is defined as any requested amendment to the adopted Plan
10
that does not meet the definition of a Minor Amendment
11
(a) If multiple signatory jurisdictions are involved in a single request for a
12
major amendment, a lead jurisdiction will be selected by the affected
13
jurisdictions;
14
(b) notice containing a detailed description of the proposed change will be
15
forwarded by Jackson County to all signatory jurisdictions and agencies;
16
(c) staff from signatory jurisdictions and agencies will be noticed, and will
17
meet as a Technical Advisory Committee and generate a
18
recommendation to the Policy Committee by vote of at least a
19
supermajority of those present (simple majority plus one);
20
(d) decision -makers from signatory jurisdictions and agencies will be
21
noticed, and will meet as a Policy Committee and consider the proposal
22
and the Technical Advisory Committee recommendation. Attending
23
jurisdictions will constitute a quorum; and
24
(e) the Policy Committee will generate a recommendation to Jackson
25
County by vote of at least a supermajority of those present (simple
26
majority plus one).
27
28
Jackson County's process for a major amendment to the Plan will be equivalent
29
to the state and local required process for a comprehensive plan amendment in
30
addition to the above provisions. Noticing will be in compliance with State
31
statutes.
32
All parties to this agreement and any additional affected agencies shall be
33
provided with notice of the County's final decision on each major amendment
34
request within five working days of the adoption of the final decision.
35
36 IX.
Newly Incorporated City
37
Should White City or some other area of Jackson County within the area of the
38
adopted Plan incorporate while the adopted Plan is in effect, and should the
39
newly incorporated city desire to become a signatory to the Agreement,
40
increased population will be added to the regional target population adequate to
41
accommodate the projected population growth of the newly incorporated city
42
for the remainder of the adopted Plan's planning horizon. The addition of a
43
newly incorporated city to the adopted Plan, the establishment of urban reserves,
Page 11 of 16
I
and other such actions shall be accomplished through the major amendment
2
process.
3
Regional Transportation Plan and the local adoption of the RPS Plan through
4 X.
Conditions to Agreement
5
General Conditions
6
The Signatories agree that the adopted Plan shall comply with the general
7
conditions listed below, which apply to all Implementing Signatories. These
8
general conditions are those which have been identified as appropriate to the
9
adopted Plan. As stated in prior sections, it may become necessary to make
10
adjustments to the draft Plan, and potentially these general conditions, as a
11
result of the public comprehensive plan amendment process.
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1) Agricultural Buffering
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Where appropriate, Implementing Signatories shall apply the agricultural
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buffering guidelines developed through the Regional Problem Solving process.
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2) Transportation
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The adopted Plan shall include policies to:
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a. Identify a general network of locally owned regionally significant
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north -south and east -west arterials and associated projects to provide
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mobility throughout the Region.
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b. Designate and protect corridors for locally -owned regionally
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significant arterials and associated projects within the RVMPO to ensure
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adequate transportation connectivity, multimodal use, and minimize right
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of way costs.
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C. Establish a means of providing supplemental transportation funding
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to mitigate impacts arising from future growth.
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These policies shall be implemented by ordinance upon the adoption of the
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latest update of the Rogue Valley Metropolitan Planning Organization's
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Regional Transportation Plan and the local adoption of the RPS Plan through
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individual city and county Comprehensive Plan amendments. Implementing
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Signatory cities will incorporate the portions of the RPS Plan relative to
31
transportation that are applicable to each individual city into that city's
32
comprehensive plan and implementing ordinances, and will reference the larger
33
regional plan as an adopted element of Jackson County's comprehensive plan.
34
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Conditions of Approval
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Specific conditions of approval apply to selected urban reserve areas, and are
37
described in the adopted Plan. The Implementing Signatories agree to abide by
38
these conditions. As stated in prior sections, it may become necessary to make
39
adjustments to the draft Plan, and potentially the conditions of approval, as a
40
result of the public comprehensive plan amendment process.
41
42 XI.
Amendments to the Agreement
43
For the purpose of maintaining consistency with the RPS Statue (ORS 197.656)
44
amendments to the Agreement can be made at any time by consensus (all parties
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I in agreement) of the Signatories to the Agreement.
2
3 Under this section, "signatories" refers to all signatories to the Agreement
4 except the Land Conservation and Development Commission (LCDC). In
5 addition, nothing in this section, or this Agreement, is intended to affect the
6 authority of LCDC to review an amendment to this Agreement as required
7 under ORS 197.656.
8
9 XII. Termination of Participation
10 A signatory to the Agreement may petition Jackson County for termination of
11 its participation in the Agreement. Jackson County will convene a meeting of
12 the Policy Committee to consider such a petition. A signatory's petition may be
13 granted by a supermajority (simple majority plus one) of the Signatories to the
14 Agreement. A signatory that has terminated its participation with the consent of
15 a supermajority of the signatories to the Agreement shall not be considered to
16 have failed to adhere to the adopted Plan.
17
18 Should an Implementing Signatory terminate its participation in the Agreement
19 without approval of the supermajority of signatories to the Agreement, it will be
20 considered to have failed to adhere to the adopted Plan, and may be subject to
21 the Disincentives in Section VII and applicable legal and legislative
22 repercussions. For remaining signatories, the validity of this Agreement will
23 not be adversely impacted by an Implementing Signatory's termination of
24 participation, by supermajority decision or otherwise.
25
26 Under this section, "signatories" refers to all signatories to the Agreement
27 except the Land Conservation and Development Commission (LCDC).
28
29 XIII. Termination of the Agreement
30 This agreement may be terminated when one or more of the following occur(s):
31 1) A supermajority (simple majority plus one) of Signatories agree that the
32 Agreement is terminated;
33 2) LCDC denies acknowledgment of the Plan;
34 3) The doubled regional population is reached;
35 4) 50 years have passed since the Agreement was signed.
36 No signatory will be penalized under the conditions of this Agreement due to a
37 supermajority decision to terminate.
38
39 Under this section, "signatories" refers to all signatories to the Agreement
40 except the Land Conservation and Development Commission (LCDC).
41
42 XIV. Applicability
43 Implementing Signatories to this agreement agree that necessary amendments to
44 their comprehensive plans will occur as required by the Plan, and that the Plan
45 is in effect for each jurisdiction at the time that its and Jackson County's
46 implementing comprehensive plan amendments and land use regulations are
Page 13 of 16
I adopted and acknowledged.
2
3 Once the RPS plan is implemented by the appropriate comprehensive plan
4 amendments and land use regulations, an Implementing Signatory's failure to
5 adhere to the Plan as adopted or subsequently amended will expose that
6 jurisdiction to the usual legal and legislative repercussions from non-compliance
7 with acknowledged comprehensive plans.
8
9 Signatories to this agreement acknowledge that statutory authority over land use
10 regulation ultimately resides with the Oregon legislature. Additionally,
11 signatories to this agreement recognize that the provisions of the Plan may be
12 determined in the future to be in conflict with existing or yet to be adopted
13 statutes or administrative rules.
14
15 Signatories to this agreement expressly recognize that land use regulations and
16 actions must otherwise comport with the statutes and other applicable
17 regulations of the State of Oregon other than those LCDC regulations for which
18 the adopted RPS Plan authorizes less than full compliance.
19
20 Therefore, Signatories agree that, when conflicts between statute and other
21 applicable regulations of the State of Oregon (other than those LCDC
22 regulations for which the adopted Plan authorizes less than full compliance) and
23 the Plan arise, Oregon statute shall prevail.
24
25 XV. Severability
26 Any provision or part of the Agreement held to be void or unenforceable under
27 any Law or Regulation shall be deemed stricken and all remaining provisions
28 shall continue to be valid and binding upon the parties. The Agreement shall be
29 reformed to replace such stricken provision or part thereof with a valid and
30 enforceable provision that comes as close as possible to expressing the intention
31 of the stricken provision.
32
33 XVI. Entire Agreement
34 This Agreement contains the entire agreement, between the parties and
35 supersedes all prior negotiations, discussions obligations, and rights of the
36 parties regarding the subject matter of this agreement. There is no other written
37 or oral understanding between the parties. No modification, amendment or
38 alteration of this Agreement shall be valid unless it is in writing and signed by
39 the parties hereto.
40
41 XVII. Counterparts
42 This Agreement may be signed in counterpart by the parties, each of which shall
43 be deemed original, but all of which together shall constitute one and the same
44 instrument, binding on all parties hereto.
45
46 XVIII. Authority to Execute Agreement
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Each person signing of behalf of a governmental entity hereby declares that he
or she, or it has the authority to sign on behalf of his or her or its respective
entity and agrees to hold the other party or parties hereto harmless if he or she
or it does not have such authority.
Implementing Signatories
Chairman, Mayor, City of Ashland
Jackson County Board of Commissioners
Mayor, City of Talent
Mayor, City of Medford
Mayor, City of Central Point
Mayor, City of Phoenix
Mayor, City of Jacksonville
Mayor, City of Eagle Point
Supporting Signatories
Director, Oregon Department of Land Director, Oregon Department of
Conservation and Development Transportation
Director, Oregon Department of Director, Oregon Economic and Community
Environmental Quality Development Department
Director, Oregon Department of
Agriculture
Director, Oregon Housing and Community
Development Department
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Chair, Rogue Valley Metropolitan Chair, Rogue Valley Sewer Services
Planning Organization
Chair, Land Conservation and
Development Commission
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