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HomeMy WebLinkAboutResolution 771 - Greater Bear Creek Valley Regional PlanPLANNING COMMISSION RESOLUTION NO. ~ , ~ A RESOLUTION ON BEHALF OF THE CITY OF CENTRAL POINT PLANNING COMMISSION FORWARDING A FAVORABLE RECOMMENDATION TO THE CITY COUNCIL REGARDING ADOPTION OF THE GREATER BEAR CREEK VALLEY REGIONAL PLAN WHEREAS, pursuant to former 4RS 197.654 (1) {2007), Jackson County and the cities of Medford, Ashland, Central Paint, Eagle Point, Phoenix and Talent, entered into a collaborative regional problem-solving (RPS} process; and WHEREAS, the City of Central Point (City}, as a participant in RPS, having signed a Participants' Agreement identifying a regional land use problem, establishing goals addressing the problem, creating mechanisms for achieving such goals, and a system far monitoring the implementation and effectiveness of the those goals; and WHEREAS, the Greater Bear Creek Valley Regional Plan (the "RPS Plan") contemplated by the Participants' Agreement has been proposed under the provisions of former ORS 197.654(1) and farmer 197,656(2), which remain applicable to this RPS process; and WHEREAS, Jackson County is the local government charged with adapting the final RPS Plan; and WHEREAS, the RPS process must include: (a) An opportunity for involvement by other stakeholders with an interest in the problem; and (b) Efforts among the collaborators to agree on goals, objectives and measures of success; and WHEREAS, the City has been requested to make reconunendation(s) to 3ackson County concerning the contents and adoption of the final RPS Plan, including associated maps and Findings; and WHEREAS, the City's Planning Commission conducted hearings on the RPS Plan on March 16, 2010; and WHEREAS, all requirements far legal notices and advertisements have been fulfilled and public testimony accepted and recorded; now, therefore, THE CITY OF CENTRAL POINT PLANNING COMMISSION RECOMMENDS TO THE CITY COUNCIL AS FOLLOWS: Page 1 of 14 Section l -- RPS Plan. The Planning Commission hereby forwards a favorable recommendation to the City Council regarding approval of the "Greater Bear Creek Valley Resional Plan, November 2049", attached as Exhibit "A", including Findings attached as Exhibit "B", and subject to the following modifications: 1, Clarify the use of the Employment designated lands in CP-6B as described in Exhibit "C"; 2. Include tax lot 362W 34D 230 within CP-4D as described in Exhibit "D", and 3. Correct Figure 2.10 per Exhibit "E" . PASSED by the Planning Commission and signed by me in authentication of its passage this 6th day of April, 2010. Planning Commission Cha ATTEST: ~. l City Representative Approved by me this ~`~ day of , 2410. m Planning Co issio Ch Page 2 of 14 STAFF REPORT AGENDA ITEM: File No. 09017 CENTRAL POINT STAFF REPORT April 6, 2010 Planning Department Tom Humphrey,AICP, Community Development Director/ Assistant City Adminlstrator Consideration of the Greater Bear Creek Valley Regional Plan (the "Plan"), dated November 2009. Applicant: Jackson County STAFF SOURCE: Don Burt, AICP, EDFP Planning Manager BACKGROUND: On March 16, 2010 the Planning Commission held a public hearing to gather public input regarding the Greater Bear Creek Regional Plan. After taking testimony the Planning Commission closed the public hearing and moved to forward a favorable recommendation to the Gity Council subject to the following modifications: 1. Add tax lot 362W34D 230 to CP-4D; and 2. Clarify the indented use of the Little League Fields and the Boy Scout property in CP-6B. The Planning Commission directed staff to prepare a final resolution for consideration at the April 6, 2010 meeting. FINDINGS: Exhibit "B" of the resolution contains the findings supporting the Planning Commission's recommendation. It should be noted that the City's consideration of the Plan at this time is limited to consistency with the Participant's Agreement. As a land use decision the County is responsible for preparing findings addressing consistency with all applicable state land use laws. DISCUSSION POINTS: The only point worth noting is staff's inclusion in the Resolution to a modification {Exhibit E") of Figure 2.10 of the Plan as it applies to the average household size within the urban reserve areas. Figure 2.10 uses a figure of 2.69. This figure should read 2.5, which has been previously approved. The County Planning Department has been notified and acknowledges the error. Exhibits "C - E" address the changes to the Plan as discussed at the March 16`h meeting. ATTACHMENTS: Attachment "A" -Planning Commission Resolution No. ~ "-[ Page 1 of 2 ACTION: Consideration of Resolution. RECOMMENDATION: Approve Resolutian No. ~ ~ I Page 2 of 2 EXHIBIT "A" Greater Bear Creek Valley Regional Plan Volumes 1- 3 Page 3 of 14 FINDINGS OF FACT FOR CONSIDERATION OF THE GREATER BEAR CREEK REGIONAL PLAN Before the City of Central Point Consideration of the Greater Bear Creek Regional Plan Applicant: Jackson County Page 4 of 14 i. INTRODUCTION On December 22, 2008 the City Council approved Ordinance No. 1923 adopting the Bear Creek Valley Regional Problem Solving Agreement (the "Agreement"). The Agreement set forth the terms and conditions agreed to by the City relative to implementation of the draft Plan as referenced in the Agreement. The Agreement further states that the adopted Plan shall be what is adopted as a result of Jackson County's comprehensive plan amendment process'. Jackson County is currently in the process of conducting a series of public hearings to consider approval of comprehensive plan and land use regulations necessary to approve and implement the Plan, which upon adoption will become the adopted Plan per the Agreement. As part of the County's review process the participating cities are provided an opportunity to review a final draft of the Plan, and will forward a recommendation to the County planning commission regarding the Plan. Participating cities will also be given an opportunity for oral comment before the County planning commission prior to the County's final decision. The purpose of these findings is to confirm that the plan as presented in Exhibit "A" is substantially consistent with the draft Plan presented in the Agreement, and to forward a recommendation to the County to approve the Plan as presented in Exhibit "A", with changes. As used in these findings the following terms are used in referencing the Greater Bear Creek Valley Regional Plan: "Regional Plan" - A generic reference to the Greater Bear Creek Regional Plan; "Agreement Plan" -Refers to the Regional Plan approved as part of the Participants Agreement; "Pending Plan" -Refers to the Regional Plan dated November 2009 and the subject of these findings; and "Adopted Plan" -Refers to the Regional Plan adapted by the County per the current proceedings, subject to LCDC acknowledgement and appeals. It is the purpose of these findings to determine whether or not the Pending Plan is consistent with the Agreement Plan, and to recommend any changes, and supporting f ndings, that are revealed during the City's public hearing process. The following addresses the comparison between the Agreement Plan and the Fending Plan: 1 RPSPA, Section II General Agreement Aage 5 of i4 II. Greater Bear Creek Valley Regional Problem Solving Agreement The Greater Bear Creek Valley Regional Problem Solving Agreement {"Agreement"} has been approved by the City2 and the Land Development and Conservation Commission on September 23, 2009 The Agreement is an agreement by all participating cities that that they will abide by the Plan adopted by the Implementing Signatories and acknowledged by the State of Oregon. The Agreement further stipulates that the adopted Plan shall be the Plan adopted as a result of Jackson County's comprehensive plan amendment process. Approval of the Agreement included approval of the Agreement Plan, subject to any modifications that may occur during the comprehensive plan and land use changes necessary to implement the Region Plan. III. Statement of Problems to be Addressed Finding: The Agreement identifies three problems to be addressed by the Regional Plan: Problem #1:Lack of a Mechanism for Coordinated Regional Growth; Problem #2: Loss of Valuable Farm and Forest Land Caused by Urban Expansion; and Problem #3: Loss of Community Identity. These three problems were addressed in the Agreement draft Plana. The pending draft of Plan restates these three problems verbatim4. Conclusion: The pending draft plan is consistent with the Agreement draft Plan. IV. Project Goals Finding: The Agreement sets forth three goals to be achieved by adoption of the Plan: Goal #1: Manage future regional growth far the greater public good; Goal #2: Conserve resource and open space lands for their important economic, cultural, and livability benefits; and Goal #3: Recognize and emphasize the individual identity, unique features, and relative comparative advantages and disadvantages of each community within the Region. z City of Central Point Ordinance No. 1923, December 22, 2008 3 Greater Bear Creek Valley Regional Plan, July 2008, Chapter l 4 Greater Sear Creek Valley Regional Plan, November 2009, Chapter 1, Section 4.3.1. Page 6 of 14 These three goals were incorporated in to the Agreement draft Plans. The pending draft Plan restates these goals verbatim, including all related guiding policies as previously presented in the Agreement Plan. Conclusion: The Pending Plan is consistent with the Agreement Plan. V. Optional Techniques/Strategies for Implementation Finding: The Agreement Plan included ten (IO) optional implementation techniques addressing6, addressing the Problems and Goals discussed in the Agreement Plan. The Pending Plan restates, verbatim, the implementation techniques set forth in the Agreement Plan. Conclusion: The Pending Plan is consistent with the Agreement Plan. VI. Measurable Performance Indicators Finding: In the Agreement Plan there are ten (10) Performance Indicators, which are essentially a restatement of the Implementation Techniques. The Pending Plan8 restates, verbatim, the Performance Indicators set forth in the Agreement Plan. Conclusion: The Pending Plan is consistent with the Agreement Plan. VII. Incentives and Disincentives to Achievieg Goals Finding: In the Agreement Plan9 there are six (6) incentives for participating cities to adhere to the Plan, and six (6} disincentives. The Pending P1an10 restates, verbatim, the Incentives and Disincentives set forth in the Agreement Plan. Conclusion: The Pending Plan is consistent with the Agreement Plan. VIII. Progress Monitoring System & Amendment Process Finding: In the Agreement Plan11 Section IV of the Agreement lists the standards by which progress in attaining the objectives of the Regional Plan will be measured, including minor and major amendments to the Regional Plan. The language in the Pending Plan12 is verbatim from the Agreement Plan. s Greater Bear Creek Valley Regional Plan, July 2008, Chapter 1, Section 7 6 Ibid, Chapter 6, Section 1 ' Ibid, Chapter 6, Section 2 $ Greater Bear Creek Valley Regional Plan, November 2409, Chapter 5, Section 1 91bid, Chapter 6, Section 3 io Greater Bear Creek Valley Regional Plan, November 2009, Chapter 5, Section 2 '~ Ibid, Chapter 6, Section 4 12 Greater Bear Creek Valley Regional Plan, November 2009, Chapter 5, Section 2 Page 7 of 14 Conclusion: The Pending Plan is consistent with the Agreement Plan. Age 8 of 14 EXHIBIT "C" Note: Proposed changes identified in red. Page 4-26 Area CP-6B: (T'hird para,.graph) "Central Paint Little League operates a baseball field facility on a 14.5 acre parcel within one of the two Agricultural land inclusions in CP-6B. The baseball property constitutes the majority of the acreage within this Agricultural land inclusion. Two EFU zoned parcels having approximately five aggregate acres, exists between the baseball fields and the Rural Residential land to the north. These two parcels are used by the Central Point Council, Boy Scouts of America for its facilities and activities. The Boy Scout property is not nor likely will be used for farming in the future (other than incidental not-for-profit farming by Boy Scouts). [n Figul•e CP.11 both the Central Point Little League property and the Boy Scout property are classified under then Etnnlovment land use-type, with the understanding that thev will be retained as a subclassification land-use type Institutional. The second inclusion of Agricultural land is located near the geographic center of CP-6B and is completely surrounded by Rural Residential exception lands, Together, these inclusions have approximately -1-419 acres." Figure CP.11 Residential Aggregate Resource Open Space' /lParl~s Ernployrnent Existin Plan 77% 23% Pro ased Uses 90°/a 10% Page 9 of 14 EXHIBIT "D" Note: Proposed changes identified in red. Page 4-9 Fisure CP.3 ~' Detail Steicl Arca y Lots Existing Dwelliu ~ . '. Gross Acres , Phy~~~ally ' Cotl~tx l~~ec~ . wilt , GB~erall~ U~con#traine~l' Cl?-II3 ' 104 103 544 82 21 441 '~Cp• l C ;; 25 26 70 2 9 60 LP-2B' ; 72 82 325 25 19 282 CP-3 9 7 36 8 1 27 ~E-4D : b7 91 X83 30 81 52 GP-5 9 11 31 10 2 19 ;CP-GA 165 163 444 2 56 386 CI?-6B ' 95 93 188 4 22 162 Cl?~A.~i' 28 30 86 9 9 69 CP-A.b` 1 1 177 8 0 169 ~' ~- -~ ~ 9 ~- 8 CPiB.x, 6 4 297 11 1 286 CP=T).a 7 4 87 0 1 86 CP-D,b 3 0 46 0 0 46 CPyFG,~ 4 4 247 67 1 179 Totals 535 529 2,664 258 141 2,264 Page 4-11 . , .,.,«,.~,1 ,.~ ., ..rol. o.l . +l,..a Page 4-20 Area CP-4D: This Urban Reserve area exists as atriangular-shaped tract that runs along the northeastern side of Interstate 5. The area has approximately 5-83 acres, approximately two-thirds of which is currently designated Agricultural and is owned by Jackson County. The southerly third of the area is designated as Rural Residential land and is owned by the City of Central Point. Both tracts are part of the Bear Creek Greenway. None of the land is or has in recent history been in agricultural production and the soils are of low agricultural suitability (Class IV-VII, where not built as roadway, or within the Bear Creek floodway). This area also has environmental Page 14 of l4 constraints. The eastern third of this 583-acre area is within the 100-year floodplain of Bear Creek and is also impacted by wetlands. The City expects to use this area for passive recreation, dedicated open space, or parks adjacent to and in connection with the Bear Creek Greenway. At the northeast corner of CP-4D there is a one-acre parcel of exception Land zoned Urban Residential (UR-1). This property has an existing residence, and abuts the City limits and residentially zoned lands to the east. The property also abuts Agricultural ]ands to the north. As an exception area it was deemed appropriate to include the property within this urban reserve as first riori land. However it is reco nized that the roe abuts A ricultuarl land and as such an future develo ment of the roe will be sub'ect to corn fiance with the a ricultural buffering standards to be implemented as part of this Plan. Because of the existing residential character of the property, and it proximity to other developed residential lands, it was deemed appropriate to include this parcel within CP-4D. Fi ure CP.$ Residential Aggregate Resource Open Space /Parks Employment Existin Plan 32% 68% Pra Deed Uses 1 % a-A899% With the exception of the single residential exception property, ~s-this area was found to be suitable for park and trail use due to the following Goal 14 boundary location factors and resource land use impacts: 1. Efficient Accommodation of Identified Land Needs - CP-4D will accommodate the City's identified park land needs and non-motorized transportation facility needs. The Bear Creek Greenway Master Plan guides the city and county development which links active recreation nodes with abicycle/pedestrian trail system along the natural corridor of Bear Creek. The plan includes a land and easement acquisition strategy which seeks to eventually extend the greenway trail to the Rogue River. Although public ownership of the greenway is preferred, easements have also been employed as a viable alternative. Through the years aggregate has been mined from Bear Creek; sometimes leaving deep pits which have filled with water and provide habitat for fish and wildlife. Reclamation plans for aggregate sites which exist to the north provide extension of the greenway trail system. Construction of this trail linkage and including same within or linking to the larger Central Point urban area, will provide an alternative transportation mode for workers in the Tolo employment area in addition to providing recreational access along the greenway for all. The inclusion of the one acre residential prope ,recognizes the exceptions status of the property_,and avoids the potential isolation and long term limitation of public service BXtensl0rrS. 2. Orderly and Economic Provision of Public Facilities and Services -The area extends northerly from existing city limits over land assembled by public agencies for the purpose of providing the Bear Creek Greenway in accordance with its adopted master plan. Access to urban facilities and services, to the limited extent needed for the Aage 11 of 14 greenway use and the exceptions parcel, may be extended directly from 41d Upton Road on the south and the Boes subdivision to the east. Greenway improvements, policing, and management would be coordinated between the City and Jackson County. 3. ESEE Consequences -The overall comparative ESEE consequences of an Urban Reserve boundary in this area is positive, based on the following: a, Economic -The provision of park and non-motorized transportation linkage will supply an attractive community amenity and have a positive affect on property values and tourism. It will also afford workers a more economical way to access employment opportunities. The area has already been acquired by the public and inclusion into Central Point will help finance completion of this segment of the Bear Creek Greenway. The use of lands within the greenway area far economically viable agriculture is Beverly limited as discussed above. Land acquisition will be required in other areas to provide for park and trail needs. The inclusion of the one acre exception parcel will allow for the extension of ,public utilities as may be deeded to serve this property. The economic conclusion is neutral. b. Social -Residents and vistors will have the opportunity to view preserved natural habitat in close proximity to urban populations and inclusion of this area will facilitate the development of facilities for the handicapped. This will positively affect the community's sense of identity and quality of life, and will promote opportunities for healthful exercise. Park land will need to be provided in some proportion far any Future growth area. However, the greenway is a unique resource in this fixed location. h~clusion of the exception parcel will have a positive social consequence as a result of the property being able to obtain public services and utilities similar to the abuttingresidential subdivision to the east. c. Environmental -the area will serve as a natural area providing open space and habitats for fish and wildlife. Inclusion as urban reserve will assure, through and urban reserve management agreement and the RPS agreement, further protection for the area to preserve the enumerated natural values. The environmental consequence of including the exception parcel within_CP-4D is neutral. The property is currently zoned and developed for residential use. Any future development of the property will be subject to compliance with the agricultural buffering standards required of this Plan. d. Energy -inclusion of the area will facilitate completion of a continuous trail along the length of the Bear Creek corridor and, specific to this segment, anon- motorized corridor between the Tolo employment area and residential population areas of Central Point. The delivery of non-motorized transportation facilities linking employment and residential areas can and is expected to result in significant energy savings. The inclusion of the exception parcel, because of it existin d~pment and proximity to available public facilities, will not have an, adverse impact on the Page 12 of 14 use of ener~,y. 4. Compatibility of the Proposed Urban Uses with Nearby Agricultural and Forest Activities Occurring on Farm acrd Forest Land Dutside the Urban Growth Boundary - There are no Herby forest lands or forest activities. Nearby agricultural uses on land that would remain outside the urban area (assuming inclusion of the greenway area} include an active fruit orchard having approximately 177 acres and located to the easrt of the corridor. Hay and livestock pasturing further to the north exists along the east bank, and the cultivation of field crops also exists north of the subject area to the west of the creek corridor. The proposed urban use of the area will be for park and trail use. The Bear Creak Greenway routinely traverses farm land throughout its reach. Fencing is used to control and prevent trespass. The predominant wind direction during the summer months is from the north. Consequently, care in the routing of the trail and separation of recreational areas from farm activities should and will be taken in the planning of these park and trail facilities and the same will occur under the jurisdiction of Jackson County or the City of Central Point• The area has sufficient size to accommodate setbacks and screening of sensitive receptors from the nearby and sometimes adjacent agricultural land activities. The riparian corridor along the creek is heavily vegetated and provides natural screening through a significant portion of the area. While the potential exists for Heise from farm activities, the same are not anticipated to be a significant problem and can be mitigated. In addition, ambient noise from Interstate 5 will serve to dampen noise from farm uses. The one-acre residential exception parcel that abuts Agricultural lands to the north is occupied by one single-family detached residence dwelling. The inclusion of this parcel within the urban reserve area will facilitate the availability of public utilities to serve the existing residence. Because the parcel abuts A~ricultural_lands any future development of the roe will be subject to com fiance with the a ricultural bufferin standards to be icnplemented as part of this Plan. Page 13 of 14 EXHIBIT "E" Note: Proposed correction is identified in red. The use of urban reserve average persons per household of 2,5 has always been agreed to and noted in prior drafts, and is correctly noted in Volume 2 of the Greater Bear Creek Regional Plan, As a result of this correction it may be necessary to adjust developable land figures. Page 4-9 Figure 2.10 Ashlated ~ CCntral ' 1/aglc ..... 1Vl~dfntd ~ ,; i~ ~'hok>a~~ i , ~Ttile~t ,. ;Poigt point, , ,_ , .. . ,.,. Expected People Per 2 15 2 69' 2 82 2 4 7 2:30 2.25 ''Reside~xtl~l °: Household . . . . Buildout of~f~ Density lExistng (DU/Gross 5.28 5.54 5.20 5.20 6.00 5.65 UGBs . . ' Acre People Per n/a X92,50 2.82 2.41 2.30 2.30 Household Anticipated. Lower Residential Density n/a 6.00 6.40 G.50 6.20 6.20 Buildout of ~ {DU/Gross Fr l Acre npose~ I7RAs Higher Density nla 7.26 7.74 7.87 7.50 7.50 (DUIGross -~ -----Acre)- -- Page 14 of 14