HomeMy WebLinkAbout2009-028 Agrmt - RPS
GREATER BEAR CREEK VALLEY
REGIONAL PROBLEM SOLVING AGREEMENT
3 This REGIONAL PROBLEM SOLVING AGREEMENT (the "Agreement") is entered
into this n day of Jt.Uk.A.cJt . 20Qj. by and between Jackson County, the duly
incorporated Oregon municipalities of Medford, Phoenix, Central Point, Jacksonville, Talent,
6 Eagle Point, and Ashland, the Land Conservation and Development Commission (LCDC), the
Department of Land Conservation and Development (DLCD), the Oregon Department of
Transportation (ODOT), the Oregon Department of Housing and Community Services
9 (ODHCS), the Oregon Economic and Community Development Department (OECDD), the
Oregon Department of Environmental Quality (DEQ), the Oregon Department of Agriculture
(ODA), the Rogue Valley Metropolitan Planning Organization (RVMPO), and Rogue Valley
12 Sewer Services (RVS).
RECIT ALS
WHEREAS Jackson County and the cities of Phoenix, Medford, Central Point, Ea-
15 gle Point, Jacksonville, Ashland, and Talent (each a "Local Jurisdiction" and collectively, the
"Region") are part of the Greater Bear Creek Valley, described more particularly in the draft
Plan, attached hereto as Exhibit A, and incorporated by this reference, that expects to see a
18 doubling of the population over the long-term future; and
WHEREAS the increasing population in the Region will create an ongoing de-
mand for additional lands available for urban levels of development; and
21 WHEREAS that demand for urbanizable land will have to be balanced with the
Region's need to maintain its high-quality farm and forest lands, as well as to protect its
natural environment; and
24 WHEREAS the Local Jurisdictions recognize that long-term planning for which
lands in the Region are most appropriate for inclusion in each municipality's urban reserve
areas (URAs) in light of the Region's social, economic, and environmental needs is best de-
27 termined on a regional basis; and
WHEREAS the draft Plan is the RPS Policy Committee's recommended means of
elaborating the regional solutions to the identified regional problems; and
30 WHEREAS the State's Regional Problem Solving (RPS) statute provides a special
process for addressing regional land use issues that allows the Local Jurisdictions, upon the
satisfaction of certain conditions, to implement regional strategies through the adoption of
33 post-acknowledgement comprehensive plan amendments that do not fully comply with the
otherwise applicable regulations (the "Regulations") of the Land Conservation and Devel-
opment Commission (LCDC) to implement the Statewide Planning Goals (the "Goals");"and
36 WHEREAS one of the conditions the Local Jurisdictions must satisfy in order to
deviate from the Regulations is that all the participants in the RPS process enter into an
agreement that identifies: the problem faced by the Region; the goals that will address the
"1" I
Greater Bear Creek Valley Regional Problem Solving Agreement
problem; the mechanisms for achieving those goals; and the system for monitoring the im-
plementation and effectiveness of those goals; and
3 WHEREAS various entities were identified as potential stakeholders within the
regional planning process, and invitations were extended to every incorporated jurisdiction
(Jackson County, Eagle Point, Medford, Jacksonville, Central Point, Phoenix, Talent, and Ash-
6 land), school district (Ashland School District No.5, Central Point School District No.6, Jack-
son County School District No.9, Medford School District 549C, and Phoenix-Talent School
District No.4), and irrigation district (Eagle Point, Medford, Rogue River, and Talent Irriga-
9 tion Districts) in the Region, plus the Medford Water Commission, the Rogue Valley Metro-
politan Planning Organization, Rogue Valley Sewer Services, Rogue Valley Transportation
District, and the appropriate state agencies (DLCD, ODOT, ODA, ODHCS, OECDD, and DEQ);
12 and
WHEREAS the stakeholders mentioned above chose to exercise different levels
of participation and responsibility within the planning process, the "participants" (as the
15 term is employed in ORS 197.656(2)(b)), are those jurisdictions and agencies that elect, by
signing this Agreement, to implement the regional solutions to the regional problems identi-
fied hereinafter; and
18 WHEREAS signatory participants (Signatories) have chosen to exercise different
levels of activity and responsibility within the implementation phase of the adopted Plan,
Implementing Signatories are those participants which will amend their comprehensive
21 plans per Section VI (3) of this Agreement to implement the adopted Plan, and Supporting
Signatories are those participants which will otherwise support the implementation of the
adopted Plan; and
24 WHEREAS the Implementing Signatories are Jackson County and the cities of
Eagle Point, Medford, Central Point, Phoenix, Talent, Jacksonville, and Ashland; and Sup-
porting Signatories are the Rogue Valley Sewer Services (RVS), the Rogue Valley Metropoli-
27 tan Planning Organization (RVMPO), the Land Conservation and Development Commission
(LCDC), and signatory state agencies; and
WHEREAS this Agreement is intended to serve as the basis for amendments to
30 the comprehensive plans and land use regulations of the Implementing Signatories in com-
pliance with ORS 197.656.
AGREEMENT
33 NOW, THEREFORE, the parties to this Agreement agree to propose comprehen-
sive plan and land use regulation amendment processes based on the attached draft Plan
(Exhibit A). With this agreement, participants acknowledge that, notwithstanding the fact
36 that the draft Plan is the result of eight years of collaborative and jurisdiction-specific plan-
ning, it may become necessary to make adjustments to the draft Plan as a result of the com-
prehensive plan amendment process.
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See. I
Greater Bear Creek Valley Regional Problem Solving Agreement
See. III
I. Recitals
The recitals set forth above are true and correct and are incorporated herein by
3 this reference.
II. General Agreement
Signatories to this Agreement agree to abide by a Plan developed under Re-
6 gional Problem Solving, as adopted by Implementing Signatories into their comprehensive
plans, and acknowledged by the State of Oregon. Implementing Signatories agree to main-
tain internal consistency with the adopted Plan on an ongoing basis, and when necessary
9 and appropriate, either to amend their comprehensive plans and related policies, codes, and
regulations to be consistent with the adopted Plan, or to pursue amendments to the adopted
Plan. The Land Conservation and Development Commission (LCD C) agrees to review the
12 Implementing Signatories' comprehensive plan and land use regulation amendments under
ORS 197.656(2), and agrees that this Agreement contains the elements required by ORS
197.656(2)(b). Notwithstanding the generality of the foregoing provision and any other
15 provision of this Agreement, however, LCDC retains its full discretion and authority with
respect to its review of the adopted Plan, or any amendments to the adopted Plan, and with
respect to its review of the amendments to comprehensive plans and land use regulations
18 that the Implementing Signatory Jurisdictions adopt to implement the adopted Plan. The
adopted Plan shall be what is adopted as a result of Jackson County's comprehensive plan
amendment process.
21 The process for amending the comprehensive plans of Jackson County and Implementing
Signatories is described in the attached work program (Exhibit B), which details the tasks
and timing necessary to coordinate the initial comprehensive plan amendments necessary
24 to adopt the Plan.
Per ORS 197.656, all amendments to the adopted Plan will be subject to review by LCDC in
the manner of periodic review or as set forth in ORS 197.251.
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III.
Statement of Problems to be Addressed
[ORS 197.656]
The parties to the Greater Bear Creek Valley RPS process (the "Project") identi-
fied three problems to be addressed by the Project:
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Problem No.1
Lack of a Mechanism for Coordinated Regional Growth Planning
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The Region will continue to be subjected in the future to growth pres-
sures that will require the active collaboration of jurisdictions within the
Greater Bear Creek Valley. A mechanism is needed that accomplishes this with-
out infringing on individual jurisdictional authority and/or autonomy. This
Problem No.1 shall be referred to hereinafter as "Coordinated Growth Manage-
ment."
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Sec. III
Greater Bear Creek Valley Regional Problem Solving Agreement
Sec. IV
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Problem No.2
Loss of Valuable Farm and Forest Land Caused by Urban Expansion
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As our communities have expanded incrementally, there has been a ten-
dency to convert important farm and forest lands to urban uses while bypassing
lands with significantly less value as resource lands. This has been exacerbated
by the Region's special characteristics and historic settlement patterns, which
can cause some state regulations governing urban growth to have unintended
consequences, some of them contrary to the intent of Oregon's Statewide Plan-
ning Goals. This Problem No.2 shall be referred to hereinafter as the "Preserva-
tion of Valuable Resource Lands."
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Problem No.3
Loss of Community Identity
Urban growth boundary expansions have contributed to a decreasing
separation between some of the communities in the Region, which jeopardizes
important aspects of these jurisdictions' sense of community and identity. This
Problem No.3 shall be referred to hereinafter as the "Preservation of Commu-
nity Identity."
IV.
Proj eet Goals
[ORS 197.656(2)(A)]
The parties to this Agreement have adopted the following Goals with respect to
the Problems:
Goal No.1
Manage future regional growth for the greater public good.
Goal No.2
Conserve resource and open space lands for their important economic, cul-
tural/ and livability benefits.
Goal No.3
Recognize and emphasize the individual identity, unique features, and
relative comparative advantages and disadvantages of each community
within the Region.
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See. V
Greater Bear Creek Valley Regional Problem Solving Agreement
See. V
v. Optional Techniques for Implementation1 [ORS 197.656(2)(B)]
These optional techniques for implementation are those identified as appropri-
3 ate for implementation of the draft Plan. As stated in the Recitals, it may become necessary
to make adjustments to the draft Plan, and potentially these optional techniques for imple-
mentation, as a result of the public comprehensive plan amendment process.
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A.
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Problem No.1
Lack of a Mechanism for Coordinated Regional Growth Plan-
ning
Manage future regional growth for the greater public good.
Goal No.1
Optional Implementation Techniques
(1)
Coordinated Periodic Review
Implementing Signatories may engage in a coordinated schedule of regu-
lar Periodic Reviews following the adoption of the Plan. This regionally
coordinated Periodic Review will begin in 2012, will take place every 10
years, and will coincide with the ten-year regular review of the adopted
Plan. This coordinated Periodic Review will provide an opportunity to
take advantage of an economy of scale in generating technical informa-
tion, and to incorporate a regional perspective in the Periodic Review
process, but it does not mandate a simultaneous or linked process
among jurisdictions.
(2)
Ten-year RPS Review
Implementing Signatories will abide by the review process described in
Section VI of this Agreement. The review process complies with the
monitoring requirement in the RPS statute, and affords participating ju-
risdictions flexibility in responding to changing regional and local cir-
cumstances by establishing a process and venue for amending the
adopted Plan.
(3)
Coordinated Population Allocation
Jackson County's allocation of future population growth, a state-
mandated responsibility of the County, will reflect the Implementing
Signatories' proportional allocation of future population within the
adopted Plan and its future amendments consiste~t with statute.
(4)
Greater Coordination with the RVMPO
As a proven mechanism of regional collaborative planning in the study
area, the RVMPO, as the federally designated transportation planning en-
tity, will plan and coordinate the regionally significant transportation
strategies critical to the success of the adopted Plan. Of special focus will
1 Where "optional techniques for implementation" refers to strategies and mechanisms to implement regional solu-
tions that are in compliance with the statewide goals and statutes, but which may not strictly adhere to Oregon Ad-
ministrative Rules.
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Sec. V
Greater Bear Creek Valley Regional Problem Solving Agreement
See. V
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be the development of mechanisms to preserve rights-of-way for major
transportation infrastructure, and a means of creating supplemental
funding for regionally significant transportation projects.
B.
Problem No.2
Loss of Valuable Farm and Forest Land Caused by Urban Ex-
pansion
Conserve resource and open space lands for their important
economic, cultural, and livability benefits.
Goal No.2
Optional Implementation Techniques
(1)
Long-Range Urban Reserves
The establishment of Urban Reserves sufficient to serve a doubling of the
Region's urban population will allow long-term production decisions to
be made on agricultural land not included in urban reserves.
(2)
Regional Agricultural Buffering Standards
Implementing Signatories will apply the adopted Plan's set of agricul-
tural buffering standards as a means of mitigating negative impacts aris-
ing from the rural/urban interface.
(3)
Critical Open Space Area (COSA) Preservation
The COSA strategies outlined in Appendix IX of the draft Plan are avail-
able as an option to Signatory jurisdictions interested in further accen-
tuating or more permanently preserving areas of separation between
communities (community buffers). These COSA strategies are not man-
datory for any jurisdiction, and may be refined or expanded as individual
jurisdictions see fit.
C.
Problem No.3
Goal No.3
Loss of Community Identity
Recognize and emphasize the individual identity, unique fea-
tures, and relative comparative advantages and disadvantages
of each community within the Region.
Optional Implementation Techniques
(1)
Community Buffers
The establishment of Urban Reserves outside of recommended areas of
critical open space provides for a basic level of preservation for the Re-
gion's important areas of community separation.
(2)
Allocating to Comparative Advantages
The Region agrees to a distribution of the calculated need of residential
and employment lands among Implementing Signatories necessary to
support a regional doubling of the population. This distribution, which
depends on a number of factors that relate to the comparative strengths
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Sec. V
Greater Bear Creek Valley Regional Problem Solving Agreement
See. VI
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VI.
and weaknesses of Implementing Signatories, will allow each community
to develop its own balance of viability and individuality within the larger
regional matrix.
(3)
Critical Open Space Area (COSA) Preservation
The COSA strategies outlined in Appendix IX of the draft Plan are avail-
able as an option to Signatory jurisdictions interested in further accen-
tuating or more permanently preserving areas of separation between
communities (community buffers). These COSA strategies are not man-
datory for any jurisdiction, and may be refined or expanded as individual
jurisdictions see fit.
Measurable Performance Indicators
[ORS 197.656(2)(C)]
12 These measurable performance indicators are those identified as appropriate
for monitoring purposes of the adopted Plan. As stated in prior sections, it may become
necessary to make adjustments to the draft Plan, and potentially these measurable per-
15 formance indicators, as a result of the comprehensive plan amendment process.
The following are measurable performance indicators:
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1)
On a regular basis, every 10 years starting in 2012, the Implementing
Signatories may participate in a process of coordinated Periodic Review.
2)
On a regular basis, every 10 years starting in 2012, Implementing Signa-
tories to this Agreement will be subject to the regular RPS review proc-
ess. Jackson County shall initiate the RPS review process by providing
notice of the RPS review to Signatories to this Agreement and requiring
that each Implementing Signatory submit a self-evaluation monitoring
report addressing compliance with the performance indicators set out in
this Section to the County within 60 days after the date of the notice.
Jackson County will distribute these monitoring reports to all Signato-
ries.
3)
Implementing Signatory cities will incorporate the portions of the RPS
adopted Plan that are applicable to each individual Implementing Signa-
tory city into that city's comprehensive plan and implementing ordi-
nances, and will reference the larger regional Plan as an adopted ele-
ment of Jackson County's comprehensive plan. To incorporate applicable
portions of the RPS adopted Plan into their comprehensive plans and
implementing ordinances, Implementing Signatory cities will adopt at
least the following:
a) RPS Plan policies adopted to comply with Section X(2) of this
Agreement;
b) 10-year mandated review period;
c) urban reserve areas (if appropriate);
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See. VI
Greater Bear Creek Valley Regional Problem Solving Agreement
See. VI
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d) target residential densities (for the urban reserve areas);
e) agricultural buffering standards (for the urban reserve areas);
f) implementing ordinances (for the urban reserve areas).
Implementing. Signatories will comply with the general conditions as
listed in Section X of this Agreement, and, as appropriate, the specific
conditions of approval for selected urban reserves, as described in the
adopted Plan.
Implementing Signatory jurisdictions serving or projected to serve a
designated urban reserve will adopt an Urban Reserve Management
Agreement (URMA) jointly with Jackson County.
Urban reserves identified in the adopted Plan are the first-priority lands
used for UGB expansions by Implementing Signatories.
Implementing Signatory cities, when applying urban designations and
zones to urban reserve land included in UGB expansions, will achieve, on
average over a 20-year planning horizon, at least the "higher land need"
residential densities in the adopted RPS Plan for buildable land as de-
fined by OAR 660-008-0005(2). The density offset strategy outlined in
the draft Plan is an acceptable mechanism to assist in meeting density
targets.
Implementing Signatory cities, when applying urban designations and
zones to urban reserve land included in a UGB expansion, will be guided
by the general distribution of land uses proposed in the adopted RPS
Plan, especially where a specific set ofland uses were part of a compel-
ling urban-based rationale for designating RLRC land as part of a city's
set of urban reserves.
Conceptual plans for urban reserves will be developed in sufficient detail
to allow the Region to determine the sizing and location of regionally
significant transportation infrastructure. This information should be de-
termined early enough in the planning and development cycle that the
identified regionally significant transportation corridors can be pro-
tected as cost-effectively as possible by available strategies and funding.
Conceptual plans for an urban reserve in the RPS Plan are not required
to be completed at the time of adoption of a comprehensive plan
amendment incorporating urban reserves into a city or county compre-
hensive plan.
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The county's population element is updated per statute to be consistent
with the gradual implementation of the adopted Plan.
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Sec. VII
Greater Bear Creek Valley Regional Problem Solving Agreement
Sec. VII
VII. Incentives and Disincentives to Achieving Goals
[ORS 197.656(2)(0)]
3 These incentives and disincentives are those identified as appropriate to the
draft Plan. As stated in prior sections, it may become necessary to make adjustments to the
draft Plan, and potentially these incentives and disincentives, as a result of the public com-
6 prehensive plan amendment process.
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Incentives
1)
Continued regional cooperation through the lO-year review process and
coordinated Periodic Review may improve the Region's ability to re-
spond to challenges and opportunities more effectively than it does
presently.
2)
Adherence to the adopted Plan may provide the Region with a competi-
tive advantage, increase the attractiveness of the Region to long-term in-
vestment, and improve southern Oregon's profile in the state.
3)
Adherence to the adopted Plan may produce significant reductions in
transportation infrastructure costs by minimizing future right-of-way
acquisition costs and by improving the overall long-range coordination
of transportation and land use planning.
4)
Adherence to the adopted Plan will provide Signatory jurisdictions with
population allocations that are predictable, transparent, and based on
the relative strengths of the different participating jurisdictions.
5)
The adopted Plan will offer compelling regional justifications and state
agency support for Tolo and the South Valley Employment Center that
may not have been available to an individual city's proposal.
6)
Adherence to the adopted Plan will permit Implementing Signatories to
implement the flexibility provided by the concept of the "Regional Com-
munity", in which cities, in the role of "regional neighborhoods", enjoy a
wide latitude in their particular mix, concentration, and intensity of land
uses, as long as the sum of the regional parts contributes to a viable bal-
ance of land uses that is functional and attractive to residents and em-
ployers and in compliance with statewide goals.
Disincentives
1)
Implementing Signatories that choose to expand their UGBs into land not
designated as urban reserve will be required to go through the RPS Plan
minor or major amendment process prior to or concurrent with any
other process.
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See. VII
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VIII.
Greater Bear Creek Valley Regional Problem Solving Agreement
The Region's failure to adhere to the adopted Plan may damage its com-
petitive advantage, the attractiveness of the Region to long-term invest-
ment, and southern Oregon's profile in the state.
Adherence to the RPS adopted Plan may be a rating factor for RVMPO
Transportation Funding. Transportation projects of Implementing Signa-
tories not adhering to the adopted Plan may be assigned a lower priority
by the RVMPO when considered for funding.
Jackson County may reconsider the population allocations of Implement-
ing Signatories that do not adhere to the adopted Plan.
Implementing Signatories not adhering to the adopted Plan may face is-
sues over failing to observe their comprehensive plans, or may find it
difficult to make modifications to their comprehensive plans that deviate
from the adopted Plan.
The Region's failure to adhere to the adopted Plan will compromise its
ability to implement the concept of the "Regional Community", and will
not provide the Implementing Signatory cities with as wide a latitude in
their desired individual mix, concentration, and intensity of land uses.
Progress Monitoring System & Amendment Process
[ORS 197.656(2)(E) and (F)]
This progress monitoring system and amendment process is that which is iden-
21 tified as appropriate to the draft Plan. As stated in prior sections, it may become necessary
to make adjustments to the draft Plan, and potentially this progress and monitoring system
and amendment process, as a result of the public comprehensive plan amendment process.
24 Monitoring
Monitoring to ensure compliance with the adopted Plan will be a shared respon-
sibility. Each Implementing Signatory city will be responsible for monitoring its
27 adherence to the portion of the adopted Plan that is incorporated into its com-
prehensive plan. Jackson County, which will have the full adopted Plan incorpo-
rated into its comprehensive plan, will be responsible for overall monitoring.
30 Adherence to the RPS Plan
The adopted RPS Plan is directly applicable to comprehensive plan amend-
ments, land use regulation amendments, and the adoption of new land use regu-
33 lations that affect land in urban reserve areas and/or URA designation changes.
The adopted RPS Plan shall not be directly applicable to other land use decisions
by Implementing Signatories. Adherence to relevant RPS Plan provisions
36 adopted by Implementing Signatories as part of their comprehensive plan or
implementing ordinances will be addressed by the existing state and local
mechanisms for ensuring jurisdictional compliance with acknowledged com-
39 prehensive plans and implementing ordinances.
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See. VIII
See. VIII
Greater Bear Creek Valley Regional Problem Solving Agreement
See. VIII
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RPS Plan Amendments
Processing amendments to the adopted Plan will be the responsibility of Jackson
County, and can only be proposed by the governing authority of an Implement-
ing Signatory jurisdiction. In acknowledgement of the collaborative process by
which the adopted Plan was created, Jackson County will have available the as-
sistance of the signatories to this Agreement through a Technical Advisory
Committee and Policy Committee. Both committees serve on an as-needed basis,
and both serve in an advisory capacity to Jackson County.
(a) Technical Advisory Committee
The T AC will comprise planners and senior-level staff from signatory jurisdic-
tions and agencies, and each signatory will have one vote, irrespective of the
number of participating representatives. Recommendations to the Policy Com-
mittee or directly to Jackson County will be made by at least a supermajority
vote (simple majority plus one) of attending signatory jurisdictions and agencies.
(b) Policy Committee
The Policy Committee will comprise elected officials or executive staff from sig-
natory jurisdictions and agencies. Each Implementing Signatory jurisdiction will
designate a voting and alternate voting member, and each Implementing Signa-
tory jurisdiction will have one vote. Recommendations to Jackson County will be
made by at least a supermajority vote (simple majority plus one) of attending
Implementing Signatories. Attending jurisdictions must constitute a quorum of
Implementing Signatories. Supporting Signatories (State agencies, the RVMPO,
LCDC, and Rogue Valley Sewer Services), while Signatories, will not be voting
members of the Policy Committee.
When an amendment to the adopted RPS Plan is proposed, Jackson County will
make a preliminary determination regarding whether the proposed amendment
is a Minor Amendment or Major Amendment, as defined below, and will notify
signatory jurisdictions of the County's preliminary determination. Based on its
preliminary determination, Jackson County will review the proposed amend-
ment according to the procedures for Minor Amendments or Major Amend-
ments set out below.
Per ORS 197.656, all amendments to the adopted Plan will be subject to review
by LCDC in the manner of periodic review or as set forth in ORS 197.251.
Proposed amendments to the adopted Plan will adhere to the following provi-
sions:
1)
Minor Amendment
A minor amendment is defined as any request for an amendment to the
adopted Plan that:
a) does not conflict with the general conditions listed in Section X of
this Agreement or specific conditions of approval described in the
adopted RPS Plan; and
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See. VIII
Greater Bear Creek Valley Regional Problem Solving Agreement
See. VIII
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b) does not propose an addition of more than 50 acres to a city's urban
reserves established for a city in the adopted RPS Plan or more than
a 50-acre expansion of the UGH into non-urban reserve rural land.
In the case of Ashland, which did not establish urban reserves during the
development of the Plan process, a proposal to establish an urban re-
serve or expand its UGH of not more than 50 acres will be considered a
minor amendment.
Should a city exceed its limit of 50 acres for adding to its urban reserves
during the term of the Agreement, it may not use the minor amendment
process for further alterations to its urban reserves. Should a city exceed
its limit of 50 acres for expanding its UGH into non-urban reserve rural
land during the planning horizon, it may not use the minor amendment
process for further expansions of its UGH into non-urban reserve land.
Any Implementing Signatory may initiate a minor amendment to the
adopted Plan. The Implementing Signatory must clearly identify the na-
ture of the minor amendment, and specify whether the minor amend-
ment would require any other Implementing Signatory to amend its
comprehensive plan. Should any Implementing Signatory other than the
proposing jurisdiction and Jackson County be required to amend their
comprehensive plans as a result of the proposed minor amendment, the
affected Implementing Signatory will be a party to the minor amend-
ment proceeding.
Jackson County's process for a minor amendment to the Plan will be
equivalent to the state and local required processes for a comprehensive
plan amendment.
Signatory jurisdictions and agencies shall be provided with notice of the
County's final decision on each minor amendment request within five
working days of the adoption of the final decision.
2)
Major Amendment
A major amendment is defined as any requested amendment to the
adopted Plan that does not meet the definition of a Minor Amendment.
a) If multiple signatory jurisdictions are involved in a single request for
a major amendment, a lead jurisdiction will be selected by the af-
fected jurisdictions;
b) notice containing a detailed description of the proposed change will
be forwarded by Jackson County to all signatory jurisdictions and
agencies;
c) staff from signatory jurisdictions and agencies will be noticed, and
will meet as a Technical Advisory Committee and generate a recom-
mendation to the Policy Committee by vote of at least a supermajor-
ity of those present (simple majority plus one);
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See. VIII
Greater Bear Creek Valley Regional Problem Solving Agreement
See. X
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d) decision-makers from signatory jurisdictions and agencies will be
noticed, and will meet as a Policy Committee and consider the pro-
posal and the Technical Advisory Committee recommendation. At-
tending jurisdictions will constitute a quorum; and
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e) the Policy Committee will generate a recommendation to Jackson
County by vote of at least a supermajority of those present (simple
majority plus one).
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Jackson County's process for a major amendment to the Plan will be
equivalent to the state and local required process for a comprehensive
plan amendment in addition to the above provisions. Noticing will be in
compliance with State statutes.
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All parties to this agreement and any additional affected agencies shall
be provided with notice of the County's final decision on each major
amendment request within five working days of the adoption of the final
decision.
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IX.
Newly Incorporated City
Should White City or some other area of Jackson County within the area of the
18 adopted Plan incorporate while the adopted Plan is in effect, and should the newly incorpo-
rated city desire to become a signatOlY to the Agreement, increased population will be
added to the regional target population adequate to accommodate the projected population
21 growth of the newly incorporated city for the remainder of the adopted Plan's planning ho-
rizon. The addition of a newly incorporated city to the adopted Plan, the establishment of
urban reserves, and other such actions shall be accomplished through the major amend-
24 ment process.
X. Conditions to Agreement
General Conditions
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The Signatories agree that the adopted Plan shall comply with the general condi-
tions listed below, which apply to all Implementing Signatories. These general
conditions are those which have been identified as appropriate to the adopted
Plan. As stated in prior sections, it may become necessary to make adjustments
to the draft Plan, and potentially these general conditions, as a result of the pub-
lic comprehensive plan amendment process.
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1)
Agricultural Buffering
Where appropriate, Implementing Signatories shall apply the agricul-
tural buffering guidelines developed through the Regional Problem Solv-
ing process.
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See. X
Greater Bear Creek Valley Regional Problem Solving Agreement
See. X I
2) Transportation
The adopted Plan shall include policies to:
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a) Identify a general network of locally owned regionally significant
north-south and east-west arterials and associated projects to pro-
vide mobility throughout the Region.
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b) Designate and protect corridors for locally owned regionally signifi-
cant arterials and associated projects within the RVMPO to ensure
adequate transportation connectivity, multimodal use, and minimize
right of way costs.
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c) Establish a means of providing supplemental transportation funding
to mitigate impacts arising from future growth.
15
These policies shall be implemented by ordinance upon the adoption of
the latest update of the Rogue Valley Metropolitan Planning Organiza-
tion's Regional Transportation Plan and the local adoption of the RPS
Plan through individual city and county Comprehensive Plan amend-
ments. Implementing Signatory cities will incorporate the portions of the
RPS Plan relative to transportation that are applicable to each individual
city into that city's comprehensive plan and implementing ordinances,
and will reference the larger regional plan as an adopted element of
Jackson County's comprehensive plan.
12
18
24
Conditions of Approval
Specific conditions of approval apply to selected urban reserve areas, and are
described in the adopted Plan. The Implementing Signatories agree to abide by
these conditions. As stated in prior sections, it may become necessary to make
adjustments to the draft Plan, and potentially the conditions of approval, as a re-
sult of the public comprehensive plan amendment process.
21
27
XI.
Amendments to the Agreement
For the purpose of maintaining consistency with the RPS Statue (ORS 197.656)
amendments to the Agreement can be made at any time by consensus (all parties in agree-
30 ment) of the Signatories to the Agreement.
Under this section, "signatories" refers to all signatories to the Agreement except the Land
Conservation and Development Commission (LCDC). In addition, nothing in this section, or
33 this Agreement, is intended to affect the authority of LCDC to review an amendment to this
Agreement as required under ORS 197.656.
14
See. XII
Greater Bear Creek Valley Regional Problem Solving Agreement
Sec. XIV
XII. Termination of Participation
A signatory to the Agreement may petition Jackson County for termination of its
3 participation in the Agreement. Jackson County will convene a meeting of the Policy Com-
mittee to consider such a petition. A signatory's petition may be granted by a supermajority
(simple majority plus one) of the Signatories to the Agreement. A signatory that has termi-
6 nated its participation with the consent of a supermajority of the signatories to the Agree-
ment shall not be considered to have failed to adhere to the adopted Plan.
Should an Implementing Signatory terminate its participation in the Agreement without
9 approval of the supermajority of signatories to the Agreement, it will be considered to have
failed to adhere to the adopted Plan, and may be subject to the Disincentives in Section VII
and applicable legal and legislative repercussions. For remaining signatories, the validity of
12 this Agreement will not be adversely impacted by an Implementing Signatory's termination
of participation, by supermajority decision or otherwise.
Under this section, "signatories" refers to all signatories to the Agreement except the Land
15 Conservation and Development Commission (LCD C).
XIII.
Termination of the Agreement
This agreement may be terminated when one or more of the following occur(s):
18
A supermajority (simple majority plus one) of Signatories agree that the
Agreement is terminated;
1)
2) LCDC denies acknowledgment of the Plan;
21
The doubled regional population is reached;
3)
4) SO years have passed since the Agreement was signed.
No signatory will be penalized under the conditions of this Agreement due to a supermajor-
24 ity decision to terminate.
Under this section, "signatories" refers to all signatories to the Agreement except the Land
Conservation and Development Commission (LCDC).
27
XIV.
Applicability
Implementing Signatories to this agreement agree that necessary amendments
to their comprehensive plans will occur as required by the Plan, and that the Plan is in effect
30 for each jurisdiction at the time that its and Jackson County's implementing comprehensive
plan amendments and land use regulations are adopted and acknowledged.
Once the RPS plan is implemented by the appropriate comprehensive plan amendments and
33 land use regulations, an Implementing Signatory's failure to adhere to the Plan as adopted
15
Sec. XIV
Greater Bear Creek Valley Regional Problem Solving Agreement
See. XVIII
or subsequently amended will expose that jurisdiction to the usual legal and legislative re-
percussions from non-compliance with acknowledged comprehensive plans.
3 Signatories to this agreement acknowledge that statutory authority over land use regulation
ultimately resides with the Oregon legislature. Additionally, signatories to this agreement
recognize that the provisions of the Plan may be determined in the future to be in conflict
6 with existing or yet to be adopted statutes or administrative rules.
Signatories to this agreement expressly recognize that land use regulations and actions
must otherwise comport with the statutes and other applicable regulations of the State of
9 Oregon other than those LCDC regulations for which the adopted RPS Plan authorizes less
than full compliance.
Therefore, Signatories agree that, when conflicts between statute and other applicable regu-
12 lations of the State of Oregon (other than those LCDC regulations for which the adopted
Plan authorizes less than full compliance) and the Plan arise, Oregon statute shall prevail.
xv. Severability
15 Any provision or part of the Agreement held to be void or unenforceable under
any Law or Regulation shall be deemed stricken and all remaining provisions shall continue
to be valid and binding upon the parties. The Agreement shall be reformed to replace such
18 stricken provision or part thereof with a valid and enforceable provision that comes as close
as possible to expressing the intention of the stricken provision.
XVI.
Entire Agreement
21 This Agreement contains the entire agreement between the parties and super-
sedes all prior negotiations, discussions, obligations, and rights of the parties regarding the
subject matter of this agreement. There is no other written or oral understanding between
24 the parties. No modification, amendment or alteration of this Agreement shall be valid
unless it is in writing and signed by the parties hereto.
XVI I.
Counterparts
27 This Agreement may be signed in counterpart by the parties, each of which shall
be deemed original, but all of which together shall constitute one and the same instrument,
binding on all parties hereto.
30 XVIII. Authority to Execute Agreement
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
33 agrees to hold the other party or parties hereto harmless if he or she or it does not have
such authority.
16
Greater Bear Creek Valley Regional Problem Solving Agreement
Implementing Signatories
~~
Chairman, Mayor, City of Ashland
Jackson County Board of Commissioners
Mayor, City of Talent
Mayor, City of Phoenix
Mayor, City of Medford
Mayor, City of Jacksonville
Mayor, City of Central Point
Mayor, City of Eagle Point
Supporting Signatories
Director, Oregon Department of Land
Conservation and Development
Director, Oregon Department of
Transportation
Director, Oregon Department of
Environmental Quality
Director, Oregon Economic and
Community Development Department
Director, Oregon Department of
Agriculture
Director, Oregon Housing and Community
Development Department
Chair, Rogue Valley Metropolitan
Planning Organization
Chair, Rogue Valley Sewer Services
Chair, Land Conservation and
Development Commission
17
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