HomeMy WebLinkAboutDoc 181 - DLCD Grant - COIC - Lg Lot IndustrialDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of April 15, 2013
Please see directions for completing this document on the next page.
DATE: April 9, 2013
FROM: Peter Gutowsky Community Development Department 385-1709
TITLE OF AGENDA ITEM:
Consideration of Signature of Document No. 2013-181, an Intergovernmental Agreement regarding a
COIC Grant from LCDC relating to Large Lot Industrial Sites.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
In June 2012, the COIC Board approved a resolution establishing the board as the regional governance
coordinator for the Regional Large Lot Industrial lands program. In this role COIC, through their board,
will coordinate and facilitate the process of identifying and securing a short term supply of large lot
industrial sites; ensure the regional allocation of the short term supply meets the criteria set forth in
state rules and other guiding policy documents; and facilitate outreach and engagement opportunities to
promote an open, collaborative process where all cities, counties and stakeholders are informed and
have an opportunity for engagement. New state rules formalize COIC's coordination role (OAR 660
024-0045). Participating local governments must enter into the IGA to implement the regional large-lot
industrial program.
COIC received a grant from the Oregon Department of Land Conservation and Development to
function in this coordination capacity. The deadline for completing the work is 6/30/13.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Sign IGA.
ATTENDANCE: Peter Gutowsky and Legal Counsel
DISTRIBUTION OF DOCUMENTS:
Peter Gutowsky, CDD.
Community Development Department
Planning Division Building SaNty Division Environmental Soils Division
P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
MEMORANDUM
DATE: April 9, 2012
TO: Deschutes County Board of Commissioners
FROM: Peter Gutowsky, Principal Planner
RE: Intergovernmental Agreement 1 COIC 1 Regional Large-Lot Industrial Lands
In June 2012, the Central Oregon Intergovernmental Council (COIC) Board approved a resolution
establishing the board as the regional governance coordinator for the Regional Large Lot Industrial
Lands Program. In this role COIC, through their board, will coordinate and facilitate the process of
identifying and securing a short term supply of large lot industrial sites; ensure the regional
allocation of the short term supply meets the criteria set forth in state rules and other guiding policy
documents; and facilitate outreach and engagement opportunities to promote an open,
collaborative process where all cities, counties and stakeholders are informed and have an
opportunity for engagement. New state rules formalize COIC's coordination role (OAR 660-024
0045). Participating local governments in Central Oregon must enter into the IGA to implement the
regional large-lot industrial program. An IGA with COIC is a prerequisite to initiate a plan
amendment/zone change for a regional large-lot industrial site.
COIC received a grant from the Oregon Department of Land Conservation and Development to
function in this coordination capacity. The deadline for completing the work is 6/30/13.
Quality Services Perjonned 'with Pride
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Please complete all sections above the Official Review line.
Date: !April 9, 20131 Department: ICommunity Developmen~
Type of Document: Intergovernmental Agreement (IGA), Document No. 2013-181
Goods and/or Services: An IGA with Central Oregon Intergovernmental Council
(COIC) is a prerequisite for Central Oregon cities and counties to initiate a plan
amendment/zone change under the Regional Large-Lot Industrial Program.
Background & History: In June 2012, the COIC Board approved a resolution
establishing the board as the regional governance coordinator for the Regional Large
Lot Industrial lands program. In this role COIC, through their board, will coordinate and
facilitate the process of identifying and securing a short term supply of large lot
industrial sites; ensure the regional allocation of the short term supply meets the criteria
set forth in state rules and other guiding policy documents; and facilitate outreach and
engagement opportunities to promote an open, collaborative process where all cities,
counties and stakeholders are informed and have an opportunity for engagement. New
state rules formalize COIC's coordination role (OAR 660-024-0045). Participating local
governments must enter into the IGA to implement the regional large-lot industrial
program.
COIC received a grant from the Oregon Department of Land Conservation and
Development to function in this coordination capacity. The deadline for completing the
work is 6/30/13.
Agreement Starting Date: IUpon Signatur~ Ending Date: ~
Annual Value or Total Payment: IiQl
D Insurance Certificate Receiied (CleCk box)
Insurance Expiration Date:
N/It
Check all that apply:
D RFP, Solicitation or Bid Process
D Informal quotes «$150K)
D Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
#fA
4/9/2013
Funding Source: (Included in current budget? DYes cgJ No
If No, has budget amendment been submitted? DYes D No
Is this a Grant Agreement providing revenue to the County? DYes cgJ No
Special conditions attached to this grant:
Deadlines for reporting to the grantor: I
'--------------'
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant-funded position so that this will be noted in the offer letter: DYes D No
Contact information for the person responsible for grant compliance:
Name:
Phone #: L-I_...-.J
Departmental Contact and Title: Peter Gutowsky, Principal Planner
Phone #: 541-385-1709 I I
JDepartment Director Approval: J?J,.-LL Lw--'f~t
Signature ' ate
Distribution of Document: Who gets the original document and/or copies after it has
been signed? Include complete information if the document is to be mailed.
Peter Gutowsky
Official Review:
County Signature Required (check one):~CC D Department Director (if <$25K)
D Administrator (if >$25K but <$150K; if >$150K, BOCC Order No . -,--____
Legal Review Date~I~~Q,~ ~/¥i
Document Number DC -20 1 3 -1 8 1
4/8/2013
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CENTRAL OREGON CITIES AND COUNTIES, AND CENTRAL OREGON
INTERGOVERNMENTAL COUNCIL FOR THE LARGE LOT INDUSTRIAL LANDS PROGRAM
IN CENTRAL OREGON
WHEREAS, under ORS 190.010 to 190.020, et seq. Central Oregon Intergovernmental Council
(COIC) is authorized to enter into a written agreement with any other unit or units of local
government and specify the functions or activities to be performed and by what means; and
WHEREAS, under ORS 190.003 to 190.030, and 197.175, et seq., cities and counties are
authorized to enter into intergovernmental agreements and are required to prepare and adopt
comprehensive plans consistent with Statewide Planning Goals; and
WHEREAS, a Central Oregon Large Lot Industrial Land Need Analysis dated November 20,
2012 documents an unmet short-term need for large-lot industrial sites, 50-acres or larger, in
the Central Oregon area (Deschutes, Crook and Jefferson counties); and
WHEREAS, Deschutes, Crook, and Jefferson counties, through their governing bodies, are
exercising their statutory coordinating authority (ORS 195.025) to address an unmet short-term
regional need for large-lot industrial sites; and
WHEREAS, under OAR 660-024-0040 and 660-024-045, the local governments of Crook,
Deschutes and Jefferson Counties may implement provisions of a regional large-lot industrial
land need analysis adopted by all counties pursuant to ORS 195.025; and
WHEREAS, ORS 190.003, et seq. requires that an intergovernmental agreement relating to the
performance of functions or activities by one unit of local government on behalf of another unit
of local government specify the responsibilities between the parties; and
WHEREAS, the parties seek to develop a coordinated program that will identify suitable and
available large-lot industrial sites for economic development purposes in the best interests of
the Central Oregon region pursuant to the governing state and local legal requirements.
CENTRAL OREGON CITIES, COUNTIES, and CENTRAL OREGON
INTERGOVERNMENTAL COUNCIL AGREE AS FOLLOWS:
1. Definitions.
BOCC : Deschutes County and/or Jefferson County Board of County Commissioners
Central Oregon City or Cities . Cities located in Crook, Deschutes, and Jefferson
counties.
Central Oregon County or Counties: Crook , Deschutes, and Jefferson counties,
COIC. Central Oregon Intergovernmental Council.
COIC Board. Central Oregon Intergovernmental Council Board of Directors.
Council. Central Oregon City Councils.
DC -20 13 -1 8 ~
County Court. Crook County Court.
IGA. This Intergovernmental Agreement.
Jurisdictions. City and county governments located within Deschutes, Crook and
Jefferson counties.
LLA. Central Oregon Large Lot Industrial Land Need Analysis dated November 20,
2012, and associated Comprehensive plan provisions adopted pursuant to ORS 195.025
and OAR 660-024-0045(2a).
Participating City. A city within Crook, Deschutes or Jefferson County that has adopted
the LLA and entered into this IGA.
Regional Large Lot Industrial Program. The program to develop a Central Oregon
regional supply of large lot industrial sites as defined within OAR 660-024-0045.
Urban Unincorporated Area (UUA). Territory within the Urban Growth Boundary but
outside the boundaries of City.
Urban Growth Boundary (UGB). The boundary line shown in a City and County
Comprehensive Plan that separates urban and urbanizable lands in and adjacent to the
City from rural territory within the County
2. Intent and Purpose of IGA.
The intent and purpose of this IGA is for Central Oregon Cities, Counties, and COIC to:
A. Establish procedures to identify suitable and available large lot industrial sites to
be processed for inclusion within a UUA under governing land use regulations.
B. Establish review procedures for COIC as the regional coordinating authority to
receive candidate site selections submitted by participating cities and to provide
a recommendation of suitable sites for inclusion within the Regional Large Lot
Industrial Program.
C. Continue and improve coordination and communication between the Central
Oregon Cities and Counties for specific plan amendments and zone changes
addressing the short-term need for additional large-lot industrial sites.
D. It is not the intent or purpose of this IGA for COIC to make or render land use
decisions. The parties agree that COIC's roles and responsibilities under this
IGA do not constitute land use decisions, and may not be regarded as such.
Following a recommendation by COIC, the governing local jurisdictions (both City
and County) shall follow all applicable land use regulations and requirements in
connection with any plan amendment or zone change associated with the
designation of large-lot industrial sites.
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3. Process for Exercising Responsibilities in the large lot Analysis (llA).
Central Oregon Counties
A. Central Oregon Counties shall implement a program to create a regional short
term large-lot industrial land supply that enables Central Oregon to compete for
industrial recruitment. Counties, through their governing bodies, shall exercise
their statutory coordinating authority (ORS 195.025) to address an unmet
regional need for large-lot industrial sites by adopting the LLA and regional large
lot industrial land policies into their comprehensive plans.
B. Central Oregon Counties shall adopt and implement policies that conform to the
LLA and specify, among other things, the number and site characteristics of
vacant industrial sites to be included inside the UGB of the individual Cities
located within their respective County.
C. Central Oregon Counties, by exercising their statutory coordination authority and
adopting and implementing policies that conform to the LLA, shall enable the
Central Oregon Cities within their respective jurisdiction to implement measures
to insure the availability of a short-term supply of large-lot industrial sites.
D. Central Oregon Counties shall collaborate with Central Oregon Cities to identify
and formalize candidate large-lot industrial sites for inclusion within the Regional
Large-Lot Industrial Program.
Central Oregon Intergovernmental Council
E. The parties agree that the COIC Board, by adopting COIC Resolution 243, is the
regional coordinating authority for the LLA.
F. The individual Central Oregon Cities shall submit candidate large-lot industrial
sites and associated "Replenishment Sites" to COIC for potential inclusion within
the Regional Large Lot Industrial Program consistent with the requirements of the
LLA and governing regulations. The six individual sites included in this program
shall be located in at least three different Jurisdictions. COIC shall provide the
Central Oregon Cities and Counties with its recommendation as to the individual
sites that should be included within the Regional Large-Lot Industrial Program.
The governing City shall be responsible to complete and implement the land use
process required for inclusion of such site within its UGB under the requirements
of OAR 660 Division 24. COIC shall not make and does not have the authority to
make land use decisions under this IGA.
G. COIC will accept site submissions from participating cities on a quarterly basis
until the full allotment of 6 short-term sites has been filled.
Site Submission Quarterly Due Date COIC Board Review Date
March 31 First Thursday in May
June 30 First Thursday in August
September 30 First Thursday in November
December 31 First Thursday in February
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H. The COIC Board will review a participating city's site submission materials, as
defined within Section 3 (N) of this IGA, to verify that the proposed site is
qualified for the Regional Large Lot Industrial program based upon criteria
defined within OAR 660-024-0045:
1. The proposed site is located in Crook, Deschutes or Jefferson counties.
2. The proposed site is 50 acres or larger in size. The site will be determined
to be 50 acres or larger if it is:
a. A single lot or parcel that is at least 50 acres
b. An aggregation of existing lots or parcels under the same
ownership that comprises at least 50 acres, or
c. An aggregation of existing lots or parcels not in the same
ownership created and maintained as a unit of land comprising at
least 50 acres through a binding agreement among the owners.
3. The proposed site is determined to be "available," as that term is defined
in OAR 660-009-0025(7).
4. The proposed site provides the site characteristics necessary for traded
sector uses as set forth in the LLA
5. The city demonstrates that the site was identified through conducting an
analysis consistent with requirements contained within OAR 660-024
0045 (8) (a) and (b).
Additionally, the COIC Board will review proposed sites to verify that collectively
the six regional sites:
1. Are located within at least three separate jurisdictions
2. Include two sites of at least 100 acres and not more than 200 acres, and
one site more than 200 acres.
In the event that applicable administrative rules are amended so that they conflict
with the requirements of this IGA, the administrative rules as amended will
control.
I. In the event that multiple qualified sites are proposed for a single available
opening, the COIC Board shall consider recommendations provided by Business
Oregon and Economic Development for Central Oregon, and recommend the site
that best achieves the LLA criteria and site characteristics.
J. The COIC Board recommendation is a prerequisite for the Central Oregon Cities
and Counties to initiate a plan amendment/zone change under the Regional
Large-Lot Industrial Program. COIC's recommendations shall be based on the
information and documents submitted by the Central Oregon Cities and
Counties. COIC need not take or consider information provided by any other
person or entity in its recommendation process. The parties agree that the
recommendations provided by COIC under this program are final and binding,
and are not subject to any appeal, challenge or protest and each of the parties
hereto hereby waive and relinquish any and all such rights.
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Central Oregon Cities
K. Provided that the LLA has been adopted by Crook, Deschutes and Jefferson
Counties, participating cities shall adopt the LLA to implement the Regional
Large Lot Industrial program.
L. Upon the adoption of the LLA, each participating city may choose to implement
the short-term land supply for large-lot industrial sites, subject to conformance
with state law and the LLA, including the mutually agreed upon proportionate
allocation that governs the location of individual sites designated under the
Regional Large-Lot Industrial Program.
M. Participating cities shall collaborate with their respective County jurisdiction to
identify and formalize candidate large lot industrial sites for land use entitlements.
N. Participating cities shall submit to COIC documentation that the proposed large
lot site complies with the LLA and OAR 660-024-0045. The site submission
materials must include at a minimum:
1. Vicinity map and site map;
2. Site acreage;
3. Description of the site's current development status and zoning;
4. Description of site dimensions including slope and description of any
unique geographic features;
5. A statement on the site's infrastructure and utility serviceability.
6. Description of site location in relation to the UGB;
7. If outside of the UGB, the proposal must include an analysis documenting
that other lands located within the UGB are not available and/or suitable
for the Large Lot Industrial program;
8. Evidence that the property owner is a willing Large Lot Industrial program
participant and will accept site restrictions;
9. Letters of support from Economic Development for Central Oregon and
Business Oregon; and
10. Evidence of coordination with County.
O. Participating cities, upon receiving a preliminary recommendation from the COIC
Board, shall prepare findings consistent with OAR 660 Division 24 and ORS
197.298.
P. Participating cities initiating a plan amendment/zone change for a large-lot
industrial site under the Regional Large-Lot Industrial Program shall collaborate
with their respective County_
Q. Participating cities shall adopt the relevant portions of the LLA concerning short
term industrial land needs, and their respective County's regional industrial lands
policies, into their comprehensive plan.
R. Participating cities shall apply an urban industrial holding zone designation to
large-lot industrial properties included within a UUA under the Regional Large Lot
I -5
1
1
Industrial Program pending annexation of the property into the applicable City
limits. The industrial holding zone designation applied by the City shall establish
and maintain the large lot status of the property consistent with the LLA, OAR
660-024-0045(9) and (10), and the associated regional industrial lands policies.
s. In connection with any plan amendment or zone change for a large-lot industrial
property designated under the Regional Large-Lot Industrial Program, the
participating cities shall designate the specific industrial zoning code regulations
that will govern the site upon annexation into the governing City limits. The
zoning regulations to be applied by the City shall be consistent with the LLA.
OAR 660-024-0045(9), and associated regional lands policy.
T. PartiCipating cities shall, based on OAR 660-024-0045(9a), establish a developer
agreement with a willing property owner that specifies. at a minimum, that a
large-lot industrial site shall stay in the regional large-lot industrial supply for ten
years. After ten years, if agreed upon by both a Central Oregon City and a
property owner, the site can be:
1. Removed from the regional supply by the Central Oregon City by exercising
OAR 660-024-0070; or,
2. Re-designated and rezoned to another urbanized use pursuant to findings
that comply with OAR 660 Division 24.
4. Indemnification.
A. PartiCipating Cities and Counties agree to jointly and severally defend, indemnify and
hold COIC, and each of its officials, directors, officers, employees and agents,
completely harmless from and against any and all claims, damages, losses, and
expenses (including but not limited to attorney fees, at trial and on appeal) alleged or
asserted concerning or relating to: (a) COIC's refusal to consider or denial of any
non-partiCipating person or entity's application or assertion of rights under this
Agreement; and/or (b) COIC's proper exercise of its responsibilities and
recommendations made under this Agreement. COIC shall have no obligation to
defend or otherwise incur any fees or expenses to defend any recommendation,
performance or failure to perform under this Agreement.
B. To the maximum extent permitted by law, partiCipating Cities and Counties hereby
agree to jointly and severally defend, indemnify and hold each other, and each of its
officials, directors, officers, employees and agents, completely harmless from and
against any and all claims, damages, losses. and expenses (including but not limited
to attorney fees, at trial and on appeal) relating to actions, recommendations,
performance or failure to perform by the indemnifying party under this IGA.
C. This indemnity provision survives the termination of this IGA. Nothing in this
provision shall extend or increase any party's liability beyond the limitations of the
I
J Oregon Tort Claims Act or Article XI, section 10 of the Oregon Constitution.
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I
5. Review, Amendment and Termination.
A. No Third-Party Beneficiaries. The parties do not intend to confer and do not
confer any right or remedy on any third party.
B. This IGA may be reviewed and amended at any time by mutual consent of all the
parties, confirmed in writing.
C. Any modifications to this IGA will be consistent with Central Oregon City and
County comprehensive plans and state law.
D. This IGA will automatically be reviewed every two (2) years upon the biennial
anniversary of the original effective date. COIC reserves the right in the future to
request compensation for program costs.
E. A Central Oregon City may elect to withdraw from this IGA, with ninety (90) days
advance written notice to all of the parties. Upon withdrawal, all
recommendations, rights and obligations of the withdrawing Central Oregon City
under the IGA and the Regional Large-Lot Industrial Program automatically
terminate.
F. This IGA may be terminated by mutual agreement of the parties, confirmed in
writing.
G. Alternatively, this IGA may be terminated by COIC and/or a Central Oregon
County by the following procedure:
1. A public hearing will be held by the party considering termination. The party
must give the other parties notice of the hearing at least 45 days prior to the
scheduled hearing date. All parties shall seek to resolve any differences
during the 45-day period.
2. Termination of the agreement will be effective 90 days after the public
hearing to provide time for resolution of differences.
6. IGA Effective Date.
A. This IGA shall be effective when signed by COIC, all three counties, and at least
one city.
B. This IGA may be executed in counterparts, each of which shall be deemed to be
an original, but all of which, taken together, shall constitute one and the same
agreement.
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Dated this ____th of, 2013
THE CITY OF BEND
By: __~~________________ By: _______________________
x, Mayor X, City Manager
APPROVED AS TO FORM:
x, City Attorney
Dated this ____th of, 2013
THE CITY OF CULVER
By: _______________________ By: _______________
x, Mayor X, City Manager
APPROVED AS TO FORM:
x, City Attorney
Dated this ____th of, 2013
THE CITY OF LA PINE
By: ______________________
By: __~------------------
x, Mayor X, City Manager
APPROVED AS TO FORM:
x, City Attorney
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----
Dated this th of 2013----,
THE CITY OF MADRAS
By: ______________________ By: _______________________
x, Mayor X, City Manager
APPROVED AS TO FORM:
x, City Attorney
Dated this th of, 2013
THE CITY OF METOLIUS
By: ______________________ By: _______________________
x, Mayor X, City Manager
APPROVED AS TO FORM:
X, City Attorney
Dated this _____th of, 2013
THE CITY OF PRINEVILLE
By: ______________________ By: _______________________
X, Mayor X, City Manager
APPROVED AS TO FORM:
X, City Attorney
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Dated this th of, 2013
THE CITY OF REDMOND
By: ______________________ By: _______________________
x, Mayor x, City Manager
APPROVED AS TO FORM:
x, City Attorney
Dated this th of, 2013
THE CITY OF SISTERS
By: ______________________ By: _______________________
x, Mayor x, City Manager
APPROVED AS TO FORM:
x, City Attorney
COUNTY SIGNATURES ON THE FOLLOWING PAGE
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CROOK COUNTY
Dated this ___of ____, 2013 CROOK COUNTY COURT
Judge
Commissioner
ATTEST:
Recording Secretary Commissioner
DESCHUTES COUNTY
Dated this ___of _____, 2013 BOARD OF COUNTY COMMISSIONERS
ALAN UNGER, CHAIR
ATTEST:
TAMMY BANEY, VICE-CHAIR
Recording Secretary ANTHONY DEBONE, COMMISSIONER
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JEFFERSON COUNTY
Dated this ___of ____, 2013 BOARD OF COUNTY COMMISSIONERS
,CHAIR
ATTEST:
, COMMISSIONER
Recording Secretary , COMMISSIONER
CENTRAL OREGON INTERGOVERNMENTAL COUNCIL SIGNATURES ON THE
FOLLOWING PAGE
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CENTRAL OREGON INTERGOVERNMENTAL COUNCIL
Dated this ___of _____, 2013 Signed:
John Hatfield, Chairman
Central Oregon Intergovernmental Council
ATTEST:
Andrew Spreadborough, Interim Executive
Director
Central Oregon Intergovernmental Council
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