HomeMy WebLinkAboutResolution 761 - RPS AgreementPLANNING COMMISSION RESOLUTION NO.7~I
A RESOLUTION RECOMMENDING APPROVAL OF THE GREATER BEAR CREEK
VALLEY REGIONAL PROBLEM-5OLVING AGREEMENT
WHEREAS, the Greater Bear Creek Valley region has been pursuing the development of a regional plan
in accordance with ORS I97.65~4;
WHEREAS, in accordance with ORS 197.656{2xa} it is necessary that participants in the regional
problem-solving enter into an agreement, and that such an agreement is considered as a legislative land
use action; and
WHEREAS, the Greater Bear Creek Regional Problem-Salving Agreement (the "Agreement"} has been
prepared as required by ORS 197.656{a}; and
WHEREAS, the Agreement has been prepared in accordance with ORS 147.656(2}(b} and contains all the
components for a regional problem-solving agreement as set forth therein; and
WHEREAS, it is determined that the Agreement is consistent with all statewide planning goals and the
Comprehensive Plan of the City of Central Point as described in the Staff Report dated December 2,
2008; and
WHEREAS, on December 2, 2048, the Central Paint Planning Commission conducted aduly-noticed
public hearing at which time it reviewed the City staff report and heard testimony and comments on the
Agreement;
NOW, THEREFORE, BE IT RESOLVED, that the City of Central Point Planning Commission by the
Resolution No. 761 does hereby accept, and forward to the City Council, the Greater gear Creek Valley
Regional Problem-Salving Agreement as set forth in attached Exhibit "A" far final consideration and
authorization.
PA ED by the Planning Commission and signed by me in authentication of its passage this ~~ day
of ~ 2408
~ - ~~ ~
Planning Comm' io
ATTEST:
~c~ r
City Representative
Approved by me this ~~ day of , 2448.
Flannin o issi ' ~
Planning Commission Resolution No. 751
STAFF REPORT
AGENDA ITEM: File Na. Q9017
CENTRAL
POINT
STAFF REPORT
December 2, 20x8
Planning Department
Tam Humphrey, AICP,
Community perrefopment ~irectarl
Assistant Ciry Administrator
Consideration of the Greater Bear Creek Valley Regional Problem Salving Agreement tthe
"Agreement"}, an intergovernmental agreement between the City of Central Paint and other signatories
prepared in accordance with DRS 197.656(2}{b} and searing as the basis for completion of the Crreater
Bear Creek Valley Regional Draft Plan. Applicant: City of Central Paint.
STAFF SGi]RCE:
Don Burt, AICP, EDFP Draft Planning Manager
SACKGR~UNIf:
Over the course of the past eight years the Rogue Valley Metropolitan Draft Planning Organization
(RVMPO}, in collaboration with the cities and other stakeholders of the Greater Bear Creek Valley, has
been collaborating in a regional problem-solving process as prescribed in ORS 197.65b. The product of
this collaboration is the Greater Bear Creek Valley Regional Draft Plan (the "Draft Plan"}. The Draft
Plan is intended to identify and address regional problems resulting from a doubling of the region's
population. One of the primary products of the Draft Plan is the designation of urban reserve areas. As its
name implies the Draft Plan is in draft form only at this time. The Draft Plan is subject tv further review,
including the preparation of supporting findings as required by ORS 197.656, at which time the Draft
Plan will become the adopted Plan.
At this time, and in accordance with ORS 197.f56(2}(a} it is required that the participating cities enter
into a written agreement, the Greater Bear Creek Valley Regional Problem Solving Agreement (the
"Agreement"). The purpose of the Agreement is to acknowledge continued participation in the regional
problem-solving process through amendments to the City's comprehensive plan and land use regulations
as necessary to comply with the adopted Plan. The Agreement does not represent the signatories'
adoption of the Draft Plan. A copy of the Agreement is attached as Attachment "A".
On October 28, 2a~8 the Land Conservation and Development Commission (LCDC} tentatively approved
the Agreement. In tentatively approving the Agreement it was LCDC's finding that the Agreement
contained the necessary cvrnpvnents required by DRS 197.656(2}(b}. It was LCDC's determination that
their tentative approval of the Agreement did not waive their ability to approve, conditionally approve, or
deny comprehensive plan or land use regulations proposed based an the Draft Plan.
FINDINGS:
See Attachment "B"
Page i of 2
IssvES:
None. Approval of the Agreement does not approve the Draft Plan. As stated, it is the purpose of the
Agreement for all signatories to accept the terms of the Agreement including necessary amendments to
the comprehensive plan and land use regulations as necessary to comply with the adopted Plan.
ATTACHMENTS:
Attachment "A" -Greater Beaz Creek Valley Regional Problem Solving Agreement"
Attachment "B" -Findings
Attachment "C" -Planning Commission Resolution
ACTION:
Consideration of Resolution No. 751 recommending approval of the Agreement to the City Council.
RECOMMENDATION:
Approve Resolution No. 761 forwarding a favorable recommendation to the City Council to approve the
Greater Bear Creek Valley Regional Problem-Solving Agreement.
Page 2 of 2
EXHIBIT "A"
1 GREATER SEAR CREEK VALLEY
2 REGIONAL PROBLEM SOLVING AGREEMENT
3
4
5 This REGIONAL PROBLEM SOLVING AGREEMENT (the "Agreement"} is
6 entered into this of , 24Q$ by and between Jackson County, the duly
7 incorporated Oregon municipalities of Medford, Phoenix, Central Point, Jacksonville,
8 Talent, Eagle Paint, and Ashland, the Land Conservation and Development Commission
4 ~LCDC}, the Department of Land Conservation and Development ("DECD"), the Oregon
1 Q Department of Transportation ("ODOT"}, the Oregon Department of Housing and
11 Community Services ("ODHCS"}, the Oregon Economic and Community Development
12 Department ("DECDD"}, the Oregon Department of Environmental Quality (DEQ}, the
13 Oregon Department of Agriculture ("DOA"}, the Metropolitan Planning Organization
14 (RVMPD}, and Rogue Valley Sewer Services (RVS}.
15
16 RECITALS
17 WHEREAS Jackson County and the cities ^f Phoenix, Medford, Central Point, Eagle
1 S Point, Jacksonville, Ashland, and Talent (each a "Local Jurisdiction" and collectively, the
19 "Region"} aze 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 lung 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 far 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
25 natural environment; and
27 WHEREAS the Local Jurisdictions recognize that long-term planning for which
28 lands in the Region are mast appropriate far 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 an 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 Pmhlem 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
3d adoption of post-acknowledgement comprehensive plan amendments that do not fully
37 comply with the otherwise applicable regulations tthe "Regulations"} of the Land
38 Conservation and Development Commission ("LCDC"} to implement the Statewide
3g Planning Goals (the "Goals"}; and
40 WHEREAS one of the conditions the Laca1 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 mechatisms for achieving those goals; and the system far monitoring the
44 implementation and effectiveness of those goals; and
45 WHEREAS various entities were identified as potential stakeholders within the
4~ regional planning process, and invitations were extended to every incorporated
1 jurisdiction {Jackson County, Eagle Point, Medford, Jacksonville, Central Paint, Phoenix,
2 Talent, and Ashland}, school district {Ashland School District #S, Central Paint School
3 District #6, Jackson County Schaal District #9, Medford Schaal District 549C, and
4 Phoenix-Talent School District #4}, and irrigation district (Eagle Paint, Medford, Rogue
5 River, and Talent Irrigation Districts} in the Region, plus the Medford Water Commission,
fi the Metropolitan Planning Organization, Rogue River Valley Sewer Services, Rogue
7 Valley Transportation District, and the appropriate state agencies {DECD, ODOT, ODA,
8 ODHCS, OECDD, and DEQ); and
9 WHEREAS the stakeholders mentioned above chase 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 adapted Plan,
15 Implementing Signatories are thane 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
2d WHEREAS the Irnpiementing Signatories are Jackson County and the cities of
21 Eagle Point, Medford, Central Paint, Phoenix, Talent, Jacksonville, and Ashland; and
22 Supporting Signatories are the Rogue Valley Sewer Services {RVS), the Rogue Valley
23 Metropolitan Planning Organisation (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 4RS 197.655.
2$
29 AGREEMENT
3~ 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 Y. Reeital~
37 The recitals set forth above are true and correct and are incorporated herein by
38 this reference.
39 I~. General Agreement
40 Signatories to this Agreement agree to abide by a Plan developed under
41 Regional Problem Salving, as adopted by Implementing Signatories into their
42 comprehensive plans, and acknowledged by the State of Dregon. Implementing
43 Signatories agree to maintain internal consistency with the adopted Plan an 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 ^f 16
1 consistent with the adopted Plan, or to pursue amendments to the adapted 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 DRS 197.656(2}, and agrees that this Agreement
5 contains the elements required by GRS 197.656(2}(b}. Notwithstanding the
b 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
S 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
l d regulations that the lmplementing 5ignatary 3urisdictions adapt to implement
11 the adopted Plan. The adapted Plan shall be what is adopted as a result of
12 7ackson County's comprehensive plan amendment process.
13
14 The process for amending the comprehensive plans of 7ackson 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 adapt the Plan.
18
19 Fer DRS 197.656, all amendments tv the adopted Plan will be subject to review
20 by LCDC in the manner of periodic review or as set forth in DRS 197.251.
21
22 III. Statement of Problems to Be Addressed [ORS 197.656]
23 The parties to the Greater Bear Creek Valley RPS process {the "Project"}
24 identified three problems to be addressed by the Praj ect:
2S
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
3d Creek Valley. A mechanism is needed that accomplishes this without infringing
31 an individual jurisdictional authority andlor autonomy. This Problem #1 shall be
32 referred to hereinafter as "Coordinated Growth Management."
33
34 PROBLEM # Z: Liss of Valuable Farm and F~reat Land Caused by ilrban
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
4d cause some state regulations governing urban growth to have unintended
41 consequences, same of them contrary to the intent of Oregon's Statewide
42 Planning Goals. This Problem #2 shall be referred tv hereinafter as the
43 "Preservation of Valuable Resource Lands."
44
45 PROBLEM # 3: Lass of Community Identity
Page 3 of lfi
1 Urban growth boundary expansions have contributed to a decreasing separation
2 between same 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."
6 IV. Project Goals [ORS 197.556[2}(A}]
7 The parties tv this Agreement have adopted the following goals with respect to
8 the Problems:
9
1 U GDAL #1: Manage future regional growth for the greater public good.
11
12 GDAI. #2: Conserve resource and open space lands for their important
13 economic, cultural, and livability benefits.
14
15 GDAL #3: Recognize and emphasize the individual identity, unique
15 features, and relative comparative advantages and disadvantages of each
17 community within the Region.
18
19 V. Optional Techniques for Implementation [ORS f 97.655{2){B}]
2d (where "optional techniques far 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
25 potentially these optional techniques for implementation, as a result ^f the
27 public comprehensive plan amendment process.
28 A. PRDBLEM #1: Lack of a Mechanism for Coordinated Regional Growth
29 Planning
3~ GOAL #1: Manage Future Regional Growth for the Greater Public Govd
31 Dntioaal Imnlementatian 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 2d 12, will take place every 1 ~ years,
36 and will coincide with the ten-year regular review of the adopted Plan. This
37 coordinated Periodic Review will provide an opportunity tv take advantage of
38 an economy of scale in generating technical information, and tv incorporate a
39 regional perspective in the Periodic Review process, but it does not mandate a
4~ 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 adapted Plan.
Page 4 of 1 d
1 (3) Coordinated Population Allocation
2 7ackson County's allocation of future population growth, astute-mandated
3 responsibility of the County, will reflect the Implementing Signatories'
4 proportional allocation of future population within the adapted Plan and its
5 future amendments consistent with statute.
6 (4} Greater Coordination with the RVMPD
7 As a proven mechanism of regional collaborative planning in the study area, the
$ RVMPD, as the federally designated transportation planning entity, will plan
9 and coordinate the regionally significant transportation strategies critical to the
1 ~ success of the adopted Plan. Df special focus will be the development of
11 mechanisms to preserve rights-af--way for major transportation infrastructure,
12 and a means of creating supplemental funding far regionally significant
13 transportation projects.
14
15 B. PROBLEM # 2: Lass of Valuable Farm and Forest Land Caused by Urban
15 Expansion
17 GOAL #2: Conserve resource and open space lands far their important
1$ economic, cultural, and livability benefits.
i 4 Op tional Implementation Techniques
20 (1) Lvng Range []Than 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 (~) Regional Agricultural Suffering Standards
25 Implementing Signatories will apply the adapted Plan's set of agricultural
26 buffering standards as a means of mitigating negative impacts arising from the
27 ruraVurban interface.
28 (3} Critical Dpea Space Area (CDSA) Preservation
29 The CDSA 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 CDSA 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
35 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 Dntional Imalementativn Tech_ aipues
4~ (1} Community Buffers
41 The establishment of Urban Reserves outside of recommended areas of critical
42 open space provides far 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
4~ employment lands among Implementing Signatories necessary to support a
Page 5 of 16
1 regional doubling ofthe 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 Upen Space Area {CUSA} Preservation
5 The CQSA strategies outlined in Appendix IX of the draft Plan are available as
7 an option to Signatory jurisdictions interested in further accentuating ar mare
$ permanently preserving areas of separation between communities (community
9 buffers}. These CQSA strategies are not mandatory for any jurisdiction, and
1~ may be refined or expanded as individual jurisdictions see fit.
11
12 VI. Measurable Performance Tndieators [SRS 197.656(2)(C}j
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.
i 8 The following are measurable performance indicators:
19 1 } 4n a regulaz basis, every 1 ~ years starting in 2Q 12, the Implementing
ZD Signatories may participate in a process of coordinated periodic review.
Z1
22 2} Qn a regular basis, every 10 years starting in 2412, Implementing
23 Signatories to this Agreement will be subject to the regular 1tPS review process.
24 Jackson County shall initiate the ItPS review process by providing notice of the
25 RPS review tv Signatories to this Agreement and requiring that each
26 Implementing Signatory submit aself-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.
34
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 adapted element of Jackson County's
35 comprehensive plan. To incorporate applicable portions of the ItPS adopted
36 Plan into their comprehensive plans and implementing ordinances,
37 Implementing 5ignatary cities will adopt at least the following:
38 a) RPS Plan policies adopted to comply with Section X{2} of this
3 g Agreement;
44 b} 1 ~-year mandated review period;
41 c} urban reserve areas (if appropriate};
42 d} target residential densities (far the urban reserve areas);
43 e} agricultural buffering standards {for the urban reserve areas);
44 f) implementing ordinances (for the urban reserve areas}.
4S
Page 6 of 1 fi
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 adapted Plan.
4
5 5} Implementing Signatory jurisdictions serving or projected tv serve a
6 designated urban reserve will adapt an Urban Reserve Management Agreement
7 (URMA} jointly with Jackson County.
8
9 fi} Urban reserves identified in the adopted Plan are the farst priority lands used
lU 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 adapted RPS Plan for buildable land as defined by DAR 65Q-
16 Q4$-QQ05(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 UGS expansion, will be guided by the
20 general distribution of land uses proposed in the adapted RPS Plan, especially
21 where a specific set of land uses were part of a compelling urban-based
22 rationale far 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 tv determine the sizing and location of regionally significant
2G transportation infrastructure. This information should be determined early
27 enough in the planning and development cycle that the identif ed regionally
28 significant transportation corridors can be protected as cyst-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 14} 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 Disin~~nti~es to Achieving Goals [aRS
39 These incentives and disincentives are those identified as appropriate to the
44 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
4b challenges and opportunities mare effectively than it dues presently.
Aage 7 of 16
1 2} Adherence tv 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 Gregan'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
5 cysts and by improving the overall long-range coordination of transportation
7 and land use planning.
8 4} Adherence tv the adopted Plan will provide Signatory jurisdictions with
9 population allocations that are predictable, transparent, and based an the relative
1 D strengths of the different participating jurisdictions.
11 5} The adopted Plan will offer compelling regional justifications and state
12 agency support for Talo 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 tv
15 implement the flexibility provided by the concept of the "Regional Community"
15 in which cities, in the role of "regional neighborhoods", enjoy a wide latitude in
17 their particular mix, concentration, and intensity Qf land uses, as long as the sum
1 S of the regional parts contributes to a viable balance of Iand uses that is
19 functional and attractive to residents and employers and in compliance with
2d 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 ga through the RPS Plan miner
25 or major amendment process prier to ar concurrent with any other process.
2fi
27 2} The Region's failure tv adhere to the adopted Plan may damage its
28 competitive advantage, the attractiveness of the Region to long-term investment,
29 and southern Dregon's profile in the state.
3fl 3) Adherence to the RPS adapted Plan may be a rating factor for RVMPG
31 Transportation Funding. Transportation projects of Implementing Signatories
32 not adhering to the adopted Plan may be assigned a lower priority by the
33 RVMPn when considered for funding.
34 4) 3ackson County may reconsider the population allocations of
35 Implementing Signatories that do not adhere tv the adapted Plan.
36
37 5) Implementing Signatories not adhering to the adapted Plan may face
38 issues over failing to observe their comprehensive plans, or may find it difficult
3~ to make modifications tv theix comprehensive plans that deviate from the
4d adapted Plan.
41
42 fi} The Region's failure to adhere to the adapted 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 S of 16
2 VIII. Progress Monitoring System & Amendment Process [URS
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
5 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 Manitarin~
10 Monitoring to ensure compliance with the adopted Plan will be a shared
1 i responsibility. Each Lmplementing 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 tv the RPS Plan
17 The adopted RPS Plan is directly applicable to comprehensive plan
1$ amendments, land use regulation amendments, and the adoption of new land use
1 ~ regulations that affect land in urban reserve areas andlor UR.A designation
2d 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 adapted 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.
2G RP5 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 callabarative
34 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. Bath committees serve vn 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 ar directly to Jackson County will be made by at least a
39 supermajority vote {simple majority plus one} of attending signatory
4~ jurisdictions and agencies.
41 {b} Policy Committee
42 The Policy Committee will comprise elected officials ar executive staff from
43 signatory jurisdictions and agencies. Each Implementing Signatory jurisdiction
Page 9 of 15
1 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,
G the RVMPQ, 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
14 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 QRS 197.b55, all amendments to the adopted Plan will be subject tv review
16 by LCDC in the manner of periodic review or as set forth in DRS 197.251.
17 Proposed amendments to the adopted Plan will adhere to the following
1$ provisions:
19 1 } Minor Amendment
24 A minor amendment is defined as any request far 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 ar specific conditions of approval described in the
24 adopted RPS Plan; and
25 b} does not propose an addition of more than 5~ acres to a city's
25 urban reserves established far a city in the adopted RPS Plan or mare
27 than a 5a-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 tv establish an urban reserve or
30 expand its UGB of not more than 5~ acres will be considered a minor
31 amendment.
32 Should a city exceed its limit of 54 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.
3$ Any Implementing Signatory may initiate a minor amendment to the adopted
39 Plan. The Implementing Signatory must clearly identify the nature of the minor
46 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 l o aF 1 fi
1 proposed minor amendment, the affected Implementing Signatory will be a
2 party to the minor amendment proceeding.
3 Jackson County's process far a minor amendment to the Plan will be equivalent
4 to the state and local required processes far a comprehensive plan amendment.
5 Signatory jurisdictions and agencies shall be provided with notice of the
6 County's final decision vn each minor amendment request within five working
7 days of the adoption of the Final decision.
8 2} Ma'or Amendment
9 A major amendment is defined as any requested amendment to the adopted Flan
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
1 S recommendation to the Policy Committee by vote of at least a
i 9 supenmajority of those present (simple majority plus one);
2d (d} decision-makers from signatory jurisdictions and agencies will be
21 noticed, and will meet as a Policy Committee and consider the praposai
22 and the Technical Advisory Committee recommendation. Attending
23 jurisdictions will constitute a quorum; and
24 (e} the Policy Conunittee 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 far a major amendment to the Plan will be equivalent
29 to the state and local required process for a comprehensive plan amendment in
3~ addition to the above provisions. Noticing will be in compliance with State
31 statutes.
32 Ail parties to this agreement and any additional affected agencies shall be
33 provided with notice of the County's final decision an each major amendment
34 request within five working days of the adoption of the final decision.
35
35 IX. Newly Incorporated City
37 Should White City or same other area of Jackson County within the area of the
38 adapted Plan incorporate while the adapted Flan 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 i 1 of i 5
1 and other such actions shall be accomplished through the major amendment
2 process.
4 7~L. Conditions to Agreement
5 General Conditions
fi 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
14 adjustments to the draft Plan, and potentially these general conditions, as a
11 result of the public comprehensive plan amendment process.
12 1 } AQxicultural Suffering
13 Where appropriate, Implementing Signatories shall apply the agricultural
14 buffering guidelines developed through the Regional Problem Salving process.
15 2) Transportation
16 The adopted Plan shall include policies to:
17 a. Identify a general network of locally owned regionally significant
18 north-south and east-west arterials and associated projects to provide
19 mobility throughout the Region.
2d b. Designate and protect corridors far locally-owned regionally
21 significant arterials and associated projects within the RVMPD tv ensure
22 adequate transportation connectivity, multimodal use, and minimize right
23 of way cysts.
24 c. Establish a means of providing supplemental transportation funding
25 to mitigate impacts arising from future growth.
26 These paiicies shall be implemented by ordinance upon the adoption of the
27 latest update of the Rogue Valley Metropolitan Planning Organization's
2$ Regional Transportation Plan and the local adoption of the RPS Plan through
29 individual city and county Comprehensive Plan amendments. Implementing
3~ 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 7ackson County's comprehensive plan.
34
35 Conditions of A~ rp oval
35 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 tv the draft Plan, and potentially the conditions of approval, as a
4a result of the public comprehensive plan amendment process.
41
42 XI. Amendments tv the Agreement
43 For the purpose of maintaining consistency with the RPS Statue (DRS 197.fi56}
44 amendments to the Agreement can be made at any time by consensus tali parties
Page 12 of 16
1 in agreement} of the Signatories to the Agreement.
2
3 Under this section, "signatories" refers tv all signatories to the Agreement
4 except the Land Conservation and Development Commission (LCDC}. In
5 addition, nothing in this section, yr this Agreement, is intended to affect the
5 authority of LCDC to review an amendment tv this Agreement as required
7 under dRS 197.656.
4 XII. Termination of Participafion
1 d A signatory to the Agreement may petition Jackson County for termination of
11 its participation in the Agreement. Jackson County will cvn~ene a meeting of
12 the Policy Committee tv consider such a petrtivn. A signatory's petition may be
13 granted by a supermajvrity {simple majority plus one} of the Signatories to the
14 Agreement. A signatory that has terminated its participation with the consent of
15 a supermajarity of the signatories tv the Agreement shall not be considered tv
1 b have failed to adhere to the adapted Plan.
17
18 Should an Implementing Signatory terminate its participation in the Agreement
19 without approval of the supermajarity of signatories to the Agreement, it will be
2fl considered to have failed to adhere tv the adopted Plan, and may be subject to
2 i the Disincentives in Section VII and applicable legal and legislative
22 repercussions. Far remaining signatories, the validity of this Agreement will
23 not be adversely impacted by an Implementing Signatory's termination of
24 participation, by supermajarity decision or otherwise,
25
25 Under this section, "signatories" refers to ail signatories to the Agreement
27 except the Land Conservation and Development Commission {LCDC}.
28
29 XIII. Termination of the Agreement
3D This agreement may be terminated when one yr more of the following occurs}:
31 1} A supennajvrity {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} 54 years have passed since the Agreement was signed.
35 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
l adopted and acknowledged.
Z
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 yr subsequently amended will expose that
6 jurisdiction to the usual legal and legislative repercussions firom non-compliance
7 with acknowledged comprehensive plans.
9 Signatories tv 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 adapted
13 statutes or administra#ive rules.
14
15 Signatories to this agreement expressly recognize that land use regulations and
1 fi 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.
lg
2Q Therefore, Signatories agree that, when conflicts between statute and other
21 applicable regulations of the State of Oregon (other than those LCDC
Z2 regulations far which the adapted Plan authorizes less than full compliance} and
23 the Plan arise, Oregon statute shall prevail.
Z4
25 XV. Se~erability
26 Any provision or part of the Agreement held tv be void ar 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 passible to expressing the intention
31 of the stricken provision.
32
33 ~LVI. 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.
4U
41 XVII. ~vunterparts
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.
4S
4b ~LVIII. Authority to Execute Agreement
Page 14 of 16
1 Each person signing of behalf of a governmental entity hereby declares that he
2 or she, or it has the authority tv sign an behalf of his ar her or its respective
3 entity and agrees to hold the other party or parties hereto harmless if he ar she
4 or it does not have such authority.
5
6
7
8
9 Implementing Signatories
10 Chairman, Mayor, City of Ashland
11 ]ackson County Board of Commissioners
12 '
13
14
15 Mayor, City of Talent Mayor, City of Phoenix
16
17
18
I9 Mayor, City of Medford Mayor, City of Jacksonville
2a
21
zz
23
24 Mayor, City of Central Point Mayor, City of Eagle Paint
25
2fi
27 Supportin g Signatories
28
29
30
31 Director, Oregon Department of Land Director, Dregan Department of
32 Conservation and Development Transportation
33
34
35
36
37 Director, Oregon Department of Director, Oregon Economic and Community
3$ Environmental Quality Development Department
39
40
41
42
43 Director, Oregon Department of Director, Dregan Housing and Community
44 Agriculture Development Department
45
Page 1 S of 16
1
3
4
5
7
8
4
lq
Chair, Rogue Valley Metropolitan
Planning Qrganizatian
Chair, Land Conservation and
Development Commission
Chair, Rogue Valley Sewer Services
Page 16 of 16
FINDINGS OF FACT
FOR
APPROVAL OF THE GREATER BEAR CREEK REGIONAL PROBLEM SOLVING
AGREEMENT AN INTERGOVERNMENTAL AGREEMENT RELATED TO THE
GREATER BEAR CREEK VALLEY REGIONAL DRAI<"T PLAN
Before the City of Central Paint
Can~ideratian of the Greater Bear Creek Regional Prahlem Soh~ing Agreement
Applicant:
City of Central Paint
1 ~44 S. Third Street
Central Point, CR 975Q~
Findings of Fact
and
Conclusions of Law
Page 1 of 10
I. INTR~D[1CTI~N
The Greater Bear Greek Regional Problem Solving Agreement (the "Agreement"}, as presented
in Exhibit "A", has been classified as a legislative land use action and subject to the procedural
requirements set forth in Section 17.45.504 of the City of Central Paint Municipal Code {the
"CPMC"). Further, nRS 197.656(2}(b} sets Earth minimum requirements for the contents of a
regional problem salving agreement, and the criteria by which an agreement is to be evaluated.
It is the purpose of these findings to identify and address all applicable requirements as noted
above. These findings are presented in four sections as follows:
Section I -
5ection II -
Section III -
Section IV -
Introduction
O]€tS I97.656
Statewide Planning Goals
City of Central Paint Comprehensive Plan
Page 2 of 14
II. ORS 197.655
The Agreement has been prepared in response to the Cheater Bear Creek Valley Regional
Problem Solving process. Provisions far regional problem-solving are sanctioned by
DRS 197.656, which establishes procedures and criteria far the preparation of regional
plans. The Agreement has been reviewed against the following provision of ORS
197.656.
URS 297.65b{~~{a~. The amendments or new provisions are based upon agreements
reached by add local participants, the commission and other participating state agencies,
in the collaborative regional problem-salving process.
Finding ORS 197.656(2}(a): As noted in ORS 197.656(2}(a} there must be an
agreement amongst the signatories consenting to participation in the regional
problem-solving process. At this time consideration is given only to approval of the
Agreement and the terms set forth therein. Adoption of the "Draft Plan" and
subsequent amendments to comprehensive plans and land use regulations resulting
from the regional problem-solving process will follow the Agreement and will be
subject tv separate review.
Conelusian OR5 197.656{2)(a): Approval of the Agreement represents compliance
with the requirement in ORS 197.656(2}(a} for all participants to reach agreement on
the regional problem-solving process.
URS 197.G5b{~}{b}. The regional problem-solving process has included agreement
among the participants on:
{A} Regional goals for resolution of each regional problem that is the subject
of the process;
{B~ ~ptiarral techniques to achieve the gaols far each regional problem that is
the subject of the process;
{C} Measurable indicators of performance toward achievement of the gaols
far each regional problem that is the subject of the process;
~D~ A system of incentives and disincentives to encourage successful
implementation of the techniques chosen by the participants to achieve the
goals;
{EJ A system for monitoring progress toward achievement of the goals; and
{F} A process far correction of the techniques ~monitaring indicates that the
techniques are not achieving the goals.
Finding OR5 197.6562}(b}: Sections IV through VIII and Section XI of the
Agreement (Attachment "A"} addresses all of the above components.
Page 3 of 1 ~
Dn October 28, 20Q8 the LCDC found, in their tentative approval, that the
Agreement addressed all the components as required of DRS 197.656(2}(b}.
Conclusion DRS 197.656[Z}(b): The Agreement contains the required
components listed in DRS 197.656{2}{b)(A-F}.
URS I97.656{2)~cj. The agreement reached by regional problem-salving process
participants acrd the implementing draft Plan amendments and land use regulations
conform, an the whole, with the purposes of the statewide draft Planning goals.
Finding DRS 197.656{Z}{c): This ORS section requires that the Agreement, the
Draft Plan and related comprehensive draft Plan amendments and land use
regulations conform with the purposes ofthe statewide draft Planning goals. At
this time only the Agreement is being considered. Compliance of the Agreement
with the statewide planning goals is presented in Section III of these findings.
Signing of the Agreement is apre-requisite to adoption of the Draft Plan. The
Draft Plan, and any subsequent comprehensive plan and land use regulatavns
resulting from the regional problem-salving process, will be subject to separate
review and findings of compliance with statewide planning goals.
Conclusion, SRS 197.656(2}(c}: See Section III.
oRS i~~.~s~[2)[a)
Page 4 of 1 ~
III. STATEWIDE PLANNING GUAL5
As set forth in Section 17.~5.S~U(G}(1} it is necessary that all Type IV (legislative} actions
demonstrate compliance with applicable statewide planning goals. The following findings
address the TSP's compliance with all applicable statewide planning goals.
GOAL l - CITIZENINYQLVEMENT. Tv develop a citizen involvement program that insures
the opportunity for citizens to be involved in all phases of the planning process.
Finding, Goal I: Throughout the regional problem-solving process there has been
extensive public involvement. The City's consideration of the Agreement includes two
additional opportunities for citizen involvement at the Planning Commission meeting of
December 2, 2448 and the City Council meeting of December 4, 208. As the City of
Central Point continues with implementation of the Agreement the citizen involvement
requirements, as set forth in the City's land development code, will assure continued
opportunities far citizen participation.
Conclusion, Gval I: Consistent.
GOAL 2 -LAND USE PLANNING. Tv establish a land use planning process and policy
framework as a basis for all decisive and actions related to use of land and to assure an
adequate factual base for such decisions and actions.
Finding, Goa12: The Agreement only serves to formally establish a framework to guide
decision making as the problem-solving process continues tv adoption and
implementation of the Drag Plan. The Agreement does not directly affect existing land
use policy.
Conclusion, Goal Z: Consistent
GUAL 3 -AGRICULTURAL LANDS To preserve and maintain agricultural lands.
Finding, Gva13: The Agreement does not establish policy that will affect the use of
agricultural lands. As stated above the Agreement only serves to formally establish a
framework to guide decision making as the problem-salving process continues to
adaptive and implementation of the Draft Plan. However, it should be noted that the
Agreement does recognize, as a problem needing tv be addressed in the regional
problem-salving process, the impact of continued urbanization on the region's
commercial agricultural lands.
Conclusion, Goa13: Not applicable.
~ Greater Saar Creek Valley Regional Problem Solving Agreement, Section III and Section V,
Page 5 of 1 ~
GOAL 4 - FOREST LAND. To conserve forest lands by maintaining the forest land base and to
protect the state's forest economy by making possible economically efficient forest practices that
assure the continuous growing and harvesting of forest tree species as the leading use on forest
land consistent with sound management of soil, air, water, and fish and wildlife resources and to
provide for recreational opportunities and agriculture.
Finding, Gaa14: See findings far Gval 3, Agricultural Lands.
Conclusion, Goa14: Nvt applicable.
GOAL S - OPEN SPACE, SCENIC AND HISTORIC AREAS, AND NATURAL
RESOURCES To protect natural resources and conserve scenic and historic areas and open
spaces.
Finding, Goa15: Although the Agreement does not establish specific policy regarding
natural resources, scenic and historic areas, and open space, it does acknowledge as a
regional problem the impact of growth an these resources. The Agreement offers the
option of using critical open space preservation strategies.
Conclusion, Gaa15: Consistent.
GOAL 6 -AIR, WATER, AND LAND RESOURCES QUALITY, To maintain and improve the
quality of the air, water and land resources of the state.
Finding, Goa16: The Participants' Agreement does not exempt participants from State
and Federal regulations, nor does it weaken participants' existing regulations concerning
environmental quality.
Conclusion, Goal 6: Nat applicable.
GOAL 7 -AREAS SUBJECT TO NATURAL HAZARDS AND DISASTERS To protect
people and property from natural hazards.
Finding, Goa17: The Agreement does not exempt participants from State and Federal
regulations, nor does it weaken participants' existing regulations concerning
environmental quality.
Canclu~ion Goa17: Nat applicable.
GOAL 8 - RECREATIONNEEDS To satisfy the recreational needs of the citizens of the state
and visitors and, here appropriate, to prnvide far the siting of necessary recreational facilities
including destination resorts.
Page b of 14
Finding, Goa18: As with the above Goals, this is a matter of Draft Plan implementation
rather than adoption of the Agreement. The Agreement identifies three regional problems
and paints to the mechanisms that will be used to address them. Yet, implicit throughout
Sections IV through X are the growth areas that will be reserved to satisfy land-use needs
in the coming decades, including recreational needs.
Conclusion, Gaa18: Not applicable.
GUAL 9 - ECQNOMY QF THE STATE. To provide adequate opportunities throughout the
state, for a variety of economic activities vital to the health, welfare, and prosperity of Qregnn's
citizens.
Finding Goa19: As with housing, the various participants may argue for distributions
and allocations of employment lands that achieve the Goal without strictly conforming to
the rules (197.656[2}}, which means the City can aspire to a greater land supply to
increase economic development opportunities.
Conclusion Gaal 9: Consistent.
GOAL I d - HUUSING. Ta provide for the housing needs of citizens of the state.
Finding, Gaal 10: As the Draft Pian is implemented the City of Medford will have more
flexibility to define its character through the types of housing it draft Plans for.
Conclusion, Go$11U: Nvt applicable.
GOAL II - PUBLIC FACILIT'IESAND SERVICES To plan and develop a timely, orderly
and efficient arrangement of public facilities and services to serve as a framework far urban and
rural development.
Finding, Goal 11; Approval of the Agreement does not modify, or otherwise change the
City's public facilities planning as set forth in the Public Facilities and Services Element.
Conclusion, Goal li: Consistent.
GQAL I2 - TRANSPQRTATI~N. To provide and encourage a safe, convenient and economic
transportation system.
Finding Goa112: Federal law requires coordinated transportation draft Planning. The
Agreement enhances this by requiring a more unified, systemic approach.
Page 7 of 1 Q
Conclusion Gaal 1~: See Section III of these Findings of Fact.
GOAL I3 -ENERGY. To conserve energy,
Finding, Gnat 13: Draft Plan implementation will determine compliance.
Conclusion, Goa113: Nat applicable.
GOAL I4 - URBANIZATION. To provide far an orderly and efficient transition from rural to
urban land use, to accommodate urban population and urban employment inside urban growth
boundaries, to ensure efficient use of land, and to provide far livable communities.
Finding, Goal 14: The Agreement and the Draft Flan look further ahead than the 20-
year horizon and utilize the "urban reserve" tools available in DRS 195.137.
Conclusion, Goa114: Consistent.
GOAL IS -WILLAMETTE GREENWAY. Ta protect, conserve, enhance and maintain the
natural, scenic, historical, agricultural, economic and recreational qualities of lands along the
Willamette River as the Willamette River Greenway.
Finding, Gaa115: The City of Central Point is not within the Willamette area.
Conclusion, Goa115: Nat applicable.
GOAL I6 - ESTUARINE RESOURCES To recognize and protect the unique environmental,
economic, and social values of each estuary and associated wetlands; and To protect, maintain,
where appropriate develop, and where appropriate restore the tang-term environmental,
economic, and social values, diversity and benefits of Oregon's estuaries.
Finding, Gaal 15: The City of Central Point does not have any estuaries and related
wetlands.
Conclusion, Goal 16: Nat applicable.
GOAL I7- COASTAL SHDRELANDS To conserve, protect, where appropriate, develop and
where appropriate restore the resources and benefits of all coastal shorelands, recognizing their
value for protection and maintenance of water quality, f sh and wildlife habitat, water-dependent
uses, economic resources and recreation and aesthetics. The management of these shareland
areas shall be compatible with the characteristics of the adjacent coastal waters; and To reduce
the hazard to human Iife and property, and the adverse e,,~ects upon water quality and fish and
wildlife habitat, resulting from the use and enjoyment of Oregon's coastal sharelands.
Page 8 of 1 D
Finding, Goal 17: The City of Central Point does not have any coastal shvrelands within
its urban area.
Conclusion, Goa117: Nat applicable.
caAL rs. BEACHESANDDUNES- Ta conserve, protect, where appropriate develop, and
where appropriate restore the resources and beneftts of coastal beach and dune areas; and To
reduce the hazard to human life and property from natural or man-induced actions associated
with these areas.
Finding Gva11$: The City of Central Point does not have any beaches andlvr dunes
within its planning urban area..
Conclusion Goal 18: Nat applicable.
GOAL 19 - DCEAIV RESOURCES. Ta conserve marine resources and ecological functions for
the purpose of providing long-term ecological, economic, and social value and benef is to future
generations.
Finding, Goal 19: The City of Central Point does not have any ocean resources within
its urban area.
Conclusion, Goa119: Nat applicable.
SUMMARY CUNCLUSIUN: The Agreement as presented in Exhibit "A" is consistent with
all applicable statewide planning goals.
Page 9 of 1 d
IV. CITY OF CENTRAL PRINT CDMPREHEN5IVE PLAN
The Agreement as presented in Exhibit "A" has been reviewed far compliance with the City's
Comprehensive Plan as required by Section 17.45.500(G}(~}. After a review of the
Comprehensive Plan and land use regulations it is found that the Agreement does not cause, or
otherwise result in, a modification to the City's current goals and policies as presented in the
Camprehensi~e Plan. The Agreement merely declares the City's intent to proceed with
amendments to the Camprehensi~e Plan and land use regulations that are deemed necessary far
the implementation of the Greater Bear Creek Valley Regional Draft Plan. Until such time as the
Draft Plan is adopted the extent of the modifications to the Comprehensive Plan and land use
regulations is unknown. At such time as the City proposes modifications to the Comprehensive
Plan and land use regulations the City will be required to comply with the procedural
requirements as set forth an CPMC 17.x5.504.
Summary Conclusion: As proposed, the Agreement does not affect the current goals and
policies of the Comprehensive Plan nor is the Agreement on conflict with any of the City's
existing land use regulations. The Agreement as presented in Exhilait "A" is consistent with all
applicable goals and policies of the Comprehensive Plan.
Page 14 of 10
PLANNING CO]VIIVII55ION RESOLUTION NO.751
A RESOLUTION RECO]VIIV~NDING APPROVAL OF THE GREATER BEAR CREEK
VALLEY REGIONAL PROBLEM-SOLVING AGREEMENT
WHEREAS, the Greater Hear Creek Valley raglan has been pursuing the de~+elopment of a regional plan
in accordance with ORS 197.b54;
WHEREAS, in accordance with ORS 197.d5G(2}(a) it is necessary that participants in the regional
problem-solrri~ag enter into an agreement, and that such an agreement is considered as a legislative land
use action; and
WHEREAS, the Greater Bear Creek Regional Pmblem-Soi~ing Agreement [the "Agreement") has been
prepared as required by GRS 197.556{a}; and
WHEREAS, the Agreement has been prepared in accordance with ORS 197.65G(~Xb} and corrtair-s sll the
components for a regional problem-salving agreement as set forth therein; and
WHEREAS, it is determined that the Agreement is consistent with all statewide planning goals and the
Camprehensi~e Plan of the City of Central Poirrt as described in the Staff Report dated December 2,
x04$; and
WHEREAS, an December 2, 2048, the Central Point Planning Commission conducted adult'-noticed
public hearing at which time it reviewed the City staff report and heard testimony and comments on the
Agreement;
NOW, THEREFORE, BE iT RESOLVED, that the City of Central Paint Planning Commission by the
Resolution No. 7bI does hereby accept, and forward to the City Council, the Greater Bear Creek Valley
Regional Problem-Salving Agreement as set forth in attached Exhibit "A" for final consideration sod
authorization.
PASSED by the Planning Commission and signed by me in authentication of its passage this day
of 2008
Planning Commission Chair
ATTEST:
City Representative
Approved by me this day of , 2408.
Planning Commission Chair
Planning Commission Resolution No. 761