1993-46955-Order No. 93-222 Recorded 12/23/199393-46955
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
An Order Approving the Formation
of Port of La Pine, and Ordering
that a Measure to form the
District and Authorize an Initial
Tax Base be Placed on the May,
1994, Primary Election Ballot.
ORDER NO. 93-222
012108-1-41U5
. ;0
WHEREAS, a petition requesting the formation of the Port of La
Pine was duly filed with the Board of County Commissioners of Deschutes
County, Oregon; and
WHEREAS, a public hearing was held on the petition on December 8,
1993, to hear the petition and any objections thereto, and to determine
whether, in accordance with the Comprehensive Plan, applicable Land
Conservation and Development Goals and the criteria prescribed by ORS
199.462 and 198.805, the affected area would be benefitted by the
formation of a Port District; and
WHEREAS, after consideration of economic, demographic and
sociological trends and projections pertinent to the proposal, past and
prospective physical developments of the land that would directly or
indirectly be affected by the proposal, and all other matters
considered to be relevant to the petition, the Board is of the opinion
that the area would be benefitted by formation of a Port District; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. The petition for formation of the Port of La Pine be
approved.
Section 2. The boundaries of the territory to be included in the
district are as set forth in Exhibit 1, attached hereto and by this
reference incorporated herein.
Section 3. The applicable land use criteria pertinent to the
proposed district, the facts found by the Board and the reasons why the
Board believes those facts to bring the proposal within the
requirements of the applicable land use criteria are described in
Exhibit 2, attached hereto and by this reference incorporated herein.
1993
PAGE 1 - ORDER NO. 93-222 (12-22-93) )V1
01N8-1.86
Section 4. The County Clerk is hereby directed to place this
matter on the May, 1994, primary election ballot pursuant to a Notice
of Measure Election to be filed with the County Clerk no later than
March 17, 1994.
DATED this 22nd day of December, 1993.
ATTEST:
Recording Secretary
BOARD OFICOUNTY COMMISSIONERS
OF DESCH TES COUNTY, OREGON
Ch
NANCY POPP ESCH GEN, Commis
Ioner
BARRY H. SLAUGHTER, Commissioner
PAGE 2 - ORDER NO. 93-222 (12-22-93)
U�28-1�iw7
EXHIBIT 1
The description of fhe boufidaries of the territory proposed to be
included in the district is:
All of sections 13;14; 23; 24; 25; 26; 35; 36; of Township 21 South, Range
9 East, Willamette Meridian.
All of sections 13;14;15;16;17;18;19; 20; 21; 22; 23; 24; 25; 26; 27; 28; 29;
30; 31; 32; 33; 34; 35; 36; of Township 21 South, Range 10 East,
Willamette Meridian.
All of sections 17;18;19; 20; 29; 30; 31; 32; of Township 21 South, Range
11 East, Willamette Meridian.
All of sections 1; 2;11;12;13;14; 23; 24; 25; 26; 35; 36; of Township 22
South, Range 9 East, Willamette Meridian.
All of sections 1; 2; 3; 4; 5; 6; 7; 8; 9; 10; 11; 12; 13; 14; 15; 16; 17; 18; 19; 20;
21; 22; 23; 24; 25; 26; 27; 28; 29; 30; 31; 32; 33; 34; 35; 36; of Township 22
South, Range 10 East, Willamette Meridian.
All of sections 5; 6; 7; 8; 17;18;19; 20; 29; 30; 31; 32; of Township 22
South, Range 11 East, Willamette Meridian.
01248-111-'s
EXHIBIT 2
FINDINGS OF FACT
FORMATION OF PORT OF LA PINE
The Board of County Commissioners in support of its decision
approving the Port of La Pine formation and setting an election
finds as follows:
1. That the proposed Port of La Pine was approved by the
Oregon Economic Development Commission in accordance with
the laws of the State of Oregon.
2. The Board adopts as its findings the Staff Report dated
December 7, 1993.
3. Based on the Economic Feasibility Statement of the
proposed port, the Board has determined that public
facilities and services will be within the Rural Service
Center and not outside the Rural Service Center of La
Pine.
4. That the economic development benefits of any facilities
and services developed within the Rural Service Center
will extend throughout the proposed district and that all
residents within the boundary will receive benefits of
those activities.
5. The Board finds that the proposed tax base in the
Economic Feasibility Statement is sufficient to provide
a basic level of Port services anticipated in the
Economic Feasibility Statement.
6. In addition to compliance with the Comprehensive Land Use
Plan of Deschutes County, the Board further finds the
proposal to be in compliance with Statewide Planning Goal
9, Economic Development, as the Port District will
provide the opportunity for a more stable and healthy
economy in the La Pine area. In particular, the Board
finds that the development of the industrial site,
currently owned by the County, to its highest and best
use will provide the opportunity for family wage jobs
within the La Pine area.
1 - EXHIBIT 2 TO ORDER NO. 93-222
01,38
F
D' -A Community Development Department
D A , AAA -C
Administration Bldg. / 1130 N.W. Harriman / Bend, Oregon 97701
(503) 388-6575
M E M O R A N D U M
DATE: December 7, 1993
Planning Division
Building Safety Division
Environmental Health Division
TO: Beverly Wilson, Legal Assistant, County Counsel
FROM: Paul Blikstad, Associate Planner
RE: Petition for formation of Port of LaPine, file no.
3-681
The County Comprehensive Plan, which is acknowledged to be in
compliance with the Statewide Planning Goals, has no specific
language with respect to the formation of a Port District.
However, the Plan does have the following policies within the
Rural Development and Public Facilities and Services
subsections of the Plan which may be relevant to the
operation of the district:
Rural Development
Rural Service Centers
Policy nos.
13. Because there is a need to accommodate some rural
residential development and to provide necessary
commercial services to existing rural residents, the
County shall designate the following pattern of
development and energy use, as well as provision of
public services: Alfalfa, Brothers, Hampton, LaPine,
Millican, Terrebonne, Tumalo, Whistlestop, Wickiup
Junction, Deschutes Junction and Wild Hunt. In addition
other sites, such as in the Fall River/Spring River
area, may be approved in the future as dictated by need
of existing rural residents.
Staff comment:
Staff interprets this policy to authorize commercial uses
inside designed rural service centers.
LaPine Port District
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14. Each Rural Service Center shall have a compact
commercial area to serve the convenience -commercial,
agricultural and repair service needs of the surrounding
rural lands. In addition, larger Rural Service Centers
along major highways, where public facilities such as
schools already exist, shall have a residential area
designated (see individual RSC maps and policies). The
size and uses of rural service centers shall be such as
to maintain the rural character of the area.
Staff comment:
This policy limits commercial areas within Rural Service
Centers to that which is needed to serve the area population
within the various areas listed in policy 13 above.
15. Construction of open lands shall be in a manner least
intrusive to the aesthetic and natural character of
those lands and neighboring lands (fences and access
roads shall not be considered structures).
The LaPine subsection of the Rural Development section has
the following applicable policies (page 50 of the Plan):
26. The Lapine Core Area shall be the community center for
the area and the County shall seek to improve the core
area ownership pattern by cooperation with State and
Federal agencies, including the exchange of County land
for other public lands if necessary to facilitate a
better ownership pattern for community development.
27. The LaPine Core Area shall be encouraged to incorporate
and/or to form special service districts to provide
necessary public services.. First priority shall be
given to a sewer system.
Staff comment:
The LaPine Core Area would include only those areas within
the Rural Service Center.
33. Identify an industrial area east of the railroad tracks
to allow the development of a better employment and tax
base for the community. The County shall control the
development of this site and provide some basic
infrastructure facilities such as roads. To help pay
for the costs involved and to obtain the most efficient
use of the land the areas shall be managed for its
timber until needed for industrial use.
Staff comment:
The industrial area referred to in this policy is located
within the LaPine Rural Service Center boundary.
LaPine Port District
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34. Other existing industrial areas shall receive industrial
zoning and the area between the railroad tracks and the
existing industry on William Foss Road shall be
maintained as an industrial reserve area by the
establishment of a rural density residential zone.
Staff comment:
The other industrial areas referred to in this policy are
located within the LaPine Rural Service Center boundary also.
Public Facilities
The general policies within this section of the Plan that are
applicable to the proposed Port are as follows (page 96 of
the Plan):
1. Public facilities and services shall be provided at
levels and in areas appropriate for such uses based upon
the carrying capacity of the land, air and water, as
well as the important distinction that must be made
between urban and rural services. In this way public
services may guide development while remaining in
concert with the public's needs.
2. While clear distinctions are not always possible between
urban and rural services, those facilities (such as
sewage treatment plants, water systems, schools and fire
stations), which are necessary to service concentrations
of people shall be known as key facilities and shall be
necessary, to meet the needs of existing rural
residents. Key facilities shall be built to encourage
urban,_ rather than increased rural, residential
development. Rural services such as sheriff's patrol,
snowplowing, schools and school bussing shall be kept at
levels adequate to meet public needs but not in excess
to encourage additional development. Rural Service
Centers are a logical location for future rural key
facilities so that services may be used and constructed
in as efficient a manner as possible (see Rural
Development Chapter). Key facilities outside urban
areas or Rural Service Centers shall be discouraged
unless the facility is needed to serve existing
development, is at the most efficient and economic
location and is consistent with the capabilities of the
land and the planned growth of the County.
Staff comment:
The above two policies identify certain facilities and
services as "urban" in nature and limits their development to
Rural Service Centers.
5. Deschutes County shall encourage the formation of
LaPine Port District
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• special service districts to serve rural needs rather
than becoming involved with serving those needs. The
County will foster coordination and mutual planning
between the County, special districts, utility companies
and service corporations. This shall include trenching
where appropriate.
1 M ice' .ivlw
The function of the Port District, as stated in the public
notice, includes any legal port activity authorized by
Chapter 777 Oregon Revised Statutes, including but not
limited to, acquiring and developing land, economic
development, developing water distribution systems,
contracting for road and sewer extensions and providing
required services.
The Port District may provide for urban facilities and
services such as sewer and water, and certain road
development.
Based on the Deschutes County Comprehensive Plan and the
Statewide Planning Goals, urban facilities such as sewer and
water and certain roads are limited to areas within existing
urban growth boundaries and within rural service centers.
The proposed Port District boundaries, as indicated on the
map attached with the public notice, is 100 square miles in
area. This large area encompasses both the LaPine Rural
Service Center and an extensive area of the County zoned for
Forest Use (F-1 and F-2), Exclusive Farm Use (EFU- Lapine
subzone), RR -10, Rural Residential, and Flood Plain (FP).
See the attached map.
If the proposed Port District intends to encourage or
construct urban facilities and services outside of the LaPine
Rural Service Center, it may be in violation of the
Comprehensive Plan and Statewide Planning Goals.
If you should have any questions, feel free to contact either
George Read or myself at your convenience.
LaPine Port District
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PROPOSED BOUNDARY
PORT OF LA PINE