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1996-11390-Ordinance No. 96-002 Recorded 3/28/1996REVIEWED 9F -11390 LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Growth Management Chapter, Rural Development Section of Deschutes County Comprehensive Plan to Add Policies, Findings and a Public Facilities Plan for the La Pine Urban Unincorporated Community and Declaring an Emergency. ORDINANCE NO. 96-002 --1 WHEREAS, The Board of County Commissioners has determined that to comply with Periodic Review and OAR 660-22, amendments to the Deschutes County Comprehensive Plan are required; and WHEREAS, after notice and hearing as required by law, the Board of County Commissioners has considered the recommendation of the Planning Commission; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ORDAINS as follows: Section 1. Deletion of the Plan Treatment of La Pine Rural Service Center. The map and policies for the La Pine Rural Service Center in the rural development section of the Plan (found on Pages through in the April 1993 codified version) and attached hereto as Exhibit "A" are hereby deleted. Section 2. Adoption of Amendments to Unincorporated Communities Discussion of Comprehensive Plan. The Unincorporated Communities discussion of the Rural Development section, as amended, of the Comprehensive Plan is amended to add text, maps and policies relating to Urban Unincorporated Communities and the La Pine Urban Unincorporated Community, as set forth in Exhibit "B" and by this reference incorporated herein. Section 3. Findings. Findings in support of adoption of amendments are attached hereto as Exhibit "C", Staff Report - File No. TA958, and by this reference are incorporated herein. Section 4. Codification. Legal Counsel or the Code Book Review Committee shall have the authority to format the provisions contained herein in a manner that will integrate them into the County Code consistent with the prescribed form and style for ordinance codification. Such codification shall include the authority to make format changes, to make changes in numbering systems and to make such numbering changes consistent with interrelated code sections. In addition, as part of codification of these ordinances, Legal Counsel or the Code Book Review Committee may insert appropriate legislative history references. Any legislative history references included herein are not adopted as part of the substance of this ordinance, but are included for administrative convenience and as a reference. They may be changed to correct errors and to conform to proper style without action of the Board of County Commissioners. Ordinance 96-002yr KE„' CD 3/20/96 �,,CrpFll.McD Nf-AXR_ 2 F' 996 1 19h ppR 0149-1889 Section 5. Corrections. This ordinance may be corrected by order of the Board of County Commissioners to cure editorial and clerical errors and to insert appropriate legislative history references. Section 6. Repeal of Ordinances as Affecting Existing Liabilities. The repeal, express or implied, of any ordinance, ordinance provision, code section or any map or any line on a map by this ordinance shall not release or extinguish any duty, condition, penalty, forfeiture, or liability incurred under such ordinance, unless a provision of this ordinance shall so expressly provide, and such ordinance repealed shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such duty, condition, penalty, forfeiture, or liability, and for the purpose of authorizing the prosecution, conviction and punishment of the person or persons who violated the repealed ordinance. Section 7. Severability. The provisions of this ordinance are severable. If any section, sentence, clause or phrase of this ordinance or any exhibit thereto is found to be invalid by a court of competent jurisdiction that decisions shall not affect the validity of the remaining portions of this ordinance. Sections 8. Emergency. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED this,-9�day of / tel, 1996. AT ST: Recording Secretary r Ordinance 96-006 BOARD OF COUNTY COMMISSIONERS OF DESCHVTES COUNJYY, OREGON NANCY�OPEChair R013tRT L. NIPPER, BARRY H. SLAUGHTER, Commissioner 2 3/27/96 J o r �•. ill—��/:1��1 �_ /// ///////////// •w Ii 1 .I i �I ~/// po0o0o0o0o0o00 ` I\ /1\��1•��1\ // IIA0°000°e°0°°0°°0 ° //•OO°O 000°000°00 70.0 `.) 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Page, 48. '��:�� _-�.-_-._..� .r= - _7 I i serve EXHIBIT LAPINE page 2q 0149=1891 Several characteristics that are unique to the LaPine area have shaped and modified the needs and desires of the LaPine community. The mixture of public and private ownership has scattered the population and made the creation of a cohesive community difficult. The residents of the area seem to be a mixture of retirees and younger families. The distance to Bend, which is compounded by winter driving conditions, also creates a certain amount of isolation from the more populated areas and a demand for local commercial and public services. The high water tables and flood plains also create problems in planning the community's growth. The original intent for the LaPine area was to provide a recreational environment for seasonal housing. Since permanent structures would be few, there would be little demand for public facilities and services. A survey by Midstate Electric Cooperative has shown that in 1977, 70 per cent of their customers were permanent and only 30 per cent seasonal. The Cooperative also indicated their customers were increasing at 12 to 15 per cent annually in the last few years. It is well known in the community that public facilities and services are very inadequate. Schools and police protection are the two most often identified as problems. Difficulty with adequate snowplowing and emergency access are also problems. Fire protection is provided by a highly motivated and hard working volunteer department that has a large area to cover. Water pollution problems have been identified in the core area of LaPine and are suspected elsewhere. In addition, deer migration corridors in the area have been seriously affected and large areas of forest land have been lost to development. The low density residential pattern spread over approximately 50 miles is creating serious problems and is in conflict with LCDC Goals 11, 13 and 14 (public facilities and services, Energy Conservation and Urbanization). While there are problems there are also opportunities. The community is on the verge of becoming an incorporated town and evolving into a useful service and local trade center. Action now to properly guide the community's growth could solve existing problems and avoid future difficulties. Preparation of the plan has been very controversial in LaPine. Later controversy erupted over the Overall CAC's changes to the LaPine CAC's recommendations because the Overall CAC felt the suggestions failed to comply with State goals and were inconsistent with other committees' recommendations. The County has sought to include as much of Deschutes County Comprehensive Plan Page 49 ,r the original LaPine ideas as possible while meeting the requirements of the State goals. POLICIES: 0149' %YAW Policies affecting LaPine may also be found in the Forest Lands, Agricultural, Open Spaces, Natural Hazards and other section of the Rural Development Chapters. Core Area Development 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. 28. The County Planning Department shall assist the community in reviewing incorporation alternatives and in preparing a community plan. 29. Adoption of an urban growth boundary and plan by LaPine, Deschutes County and the State supercedes existing policies and standards. 30. (deleted by Ordinance 92-052) 31. A resource center area for LaPine should be developed which would include a library, community center and sheriff or police facility. 32. Adequate commercial area shall be established along Highway 97, Huntington Road and William Foss Road to serve the community's commercial needs. 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. 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. Deschutes County Comprehensive Plan A�' Page 50 EXHIBIT' 35. Neighborhood parks, as well as leisure recreation activities such as golf courses, bowling greens, archery, etc., shall be encouraged. 0 +�7~lf Other 36. Because of existing and potential problems with water quality, all wells shall be lined, appropriately sited and logged, and septic tank and community systems shall be properly installed. Strict enforcement of existing State and County regulations shall be required. 37. Recreational use area should be set aside near Dorrance Bridge and on the Little Deschutes River near Burgess, but recreational facilities should be connected to school facilities to reduce energy and public costs as much as possible. 38. Exhausted open pit mines, where non-polluting, should be considered for industrial and sludge wastes, as well as sanitary landfills in the immediate LaPine area. 39. Transportation facilities are often major problems in rural areas and the County, State and Federal agencies should consider: (a) Re-evaluating the Core Area speed limit; (b) Alternative transport facilities such as bike paths along Huntington Road and South Century Drive, and a shuttle bus for recreational and/or commuting purposes; (c) Widening Highway 97 to three lanes, where feasible, to allow turn lanes at Burgess, Vandevert and Paulina-East Lake Roads; (d) Moving the intersection of Burgess Road with Highway 97 to a safer location; (e) Improving access and circulation in and around Day Road, Fall River Road and LaPine State Park areas (this includes consideration by Deschutes County of accepting maintenance responsibility for the LaPine State Park Road); (f) Encouraging road maintenance districts in appropriate areas of LaPine; and (g) Permit the development of a land field or airport to serve the local needs for air transport. 40. Because the deer migration corridors in LaPine have been so controversial the County shall cooperate with the Deschutes County Comprehensive Plan 11 Page 51 EXHIBIT Page y r State Department of Fish an corridors and develop a plan which may include purchase of emphasizes using public land d Wildlife to study the for protecting those areas private property but that as much as possible. Deschutes County Comprehensive Plan Page 52 0149-1894 EXHIBIT Page. 5 . 0149-1895 EXHIBIT "B" . 1..1161610111 The 1979 comprehensive plan designated the following rural service centers: Alfalfa, Brothers, Hampton, Millican, La Pine, Whistle Stop, Wickiup Junction, Terrebonne, Wild Hunt and Tumalo. These areas were designated in that plan as exception areas from Goals 3 and 4. Zoning under the Comprehensive Plan allowed for a mix of residential uses and commercial uses to support nearby residential uses. The scope of those uses was never clearly defined but, until the early 1990's, was never much of an issue since there was little development pressure. In 1994, LCDC adopted a new administrative rule to clarify what scope of uses could be allowed in "unincorporated communities," including rural service centers, without violating Statewide Planning Goals 11 and 14 relating to public facilities and urban uses. The purpose of the rule was to assist in the implementation of Statewide Planning Goals 11 and 14 by defining the upper limits of intensity of uses allowable unincorporated communities defined under the rule. The rule was set forth in OAR 660 Division 22 and identifies 4 different kinds of rural communities: Resort Community, Urban Unincorporated Community, Rural Community and Rural Service Center. The rule required implementation consistent with any work program established in a periodic review order. Pursuant to work tasks in its periodic review order. Pursuant to work tasks in its periodic review order, Deschutes County commenced a process in 1995 to implement OAR 660 Division 22. Each rural service center had to be looked at and a determination made under the rule as to whether the existing rural service was described under the rule and which portions of the rules, if any, applied. Thus, for example, in the first implementation stage, involving a review of the La Pine and Wickiup Junction rural service centers, it was determined that La Pine should be designated as an "urban unincorporated community" whereas the nature of the Wickiup Junction rural service center was described in the rural service center alternative under the rule. Each was designated accordingly in March 1996. In subsequent steps, the remaining rural service centers will be reviewed and revised, if need be, under OAR 660 Division 22. Ordinance 96-002 Exhibit "B" 3/27/96 A. General 1. General Background 0149-1s9c. Several characteristics that are unique to the La Pine area have shaped and modified the needs and desires of the La Pine community. The mixture of public and private ownership has scattered the population and made the creation of a cohesive community difficult. The residents of the area seem to be a mixture of retirees and younger families. The distance to Bend, which is compounded by winter driving conditions, also creates a certain amount of isolation from the more populated area and a demand for local commercial and public services. The high water tables and flood plains also create problems in planning the community's growth. The original intent for the La Pine area was to provide a recreational environment for seasonal housing. Since permanent structures would be few, there would be little demand for public facilities and services. A survey by Midstate Electric Cooperative at the time of the original comprehensive plan showed that 70 percent of their customers were permanent and only 30 percent seasonal. All indications are that this trend has continued since the initial comprehensive plan was adopted. Water pollution problems have been identified in the core area of La Pine and are suspected elsewhere. In addition, deer migration corridors in the area have been seriously affected and large areas of forest land have been lost to development. The low density residential pattern spread over approximately 50 miles is creating serious problems relating to public facilities and services, energy conservation and urbanization. While there are problems there are also opportunities. The community has evolved into a useful service and local trade center. Action now to properly guide the community's growth could solve existing problems and avoid future difficulties. Under the original comprehensive plan, La Pine was designated as a rural service center, with plan designations for residential, commercial, industrial and industrial reserve. Zoning largely reflected the comprehensive plan designations. Through a plan amendment and zone change in 1986, the industrial reserve areas were planned for industrial development in conjunction with the industrial park owned and operated by Deschutes County. 2. Planning under the Urban Unincorporated Community Regulations Under the Administrative Rule for Unincorporated Communities, OAR 660, Division 22, La Pine meets the definition of an "Urban Unincorporated Community". La Pine has the following characteristics which make it an "Urban Unincorporated Community" under the rule: 1. Includes at least 150 permanent dwelling units including manufactured homes; 2. Contains a mixture of land uses, including three or more public, commercial or industrial land uses; Ordinance 96-002 Exhibit "B" 2 3/27/96 0149-189'7 3. Includes areas served by a community sewer system; 4. Includes areas served by a community water system; and 5. Is unincorporated. Under the administrative rule, rural unincorporated communities are required to have a public facilities plan. The public facilities plan for La Pine is set forth in the section immediately following this general discussion of the La Pine Urban Unincorporated Community. The La Pine Urban Unincorporated Community (UUC) is served by 22 non -community, public water systems and a public sewer system. Since the original comprehensive plan, the La Pine Special Sewer District has been established to protect the groundwater in the La Pine rural area. See Figure 1. The existing shallow aquifer is at a high risk of contamination. The sewer treatment system allows wastewater generated in La Pine to be collected, treated and disposed of safely while at the same time allowing growth and development of the La Pine UUC. (See the La Pine Community Public Facility Plan for information on the La Pine Special Sewer District, including boundary information.) The La Pine Fire Protection District currently serves the La Pine Urban Unincorporated Community and surrounding rural area. See Figure 2. The existing development in the La Pine Urban Unincorporated Community consists of a variety of uses which include: elementary school, high school, church, post office, bank, motels, gas/service stations, medical offices and various retail. There is also some residential development within the boundaries of the UUC. The UUC also includes the Deschutes County industrial park in addition to privately owned industrial land. All the land in the Industrial District is included in the La Pine Special Sewer District. The sewer district has the capacity to serve the Industrial District at buildout. Because the Industrial District is in the sewer district it is anticipated that new industrial uses will connect to the sewer. Recent development in the La Pine UUC includes the construction of two supermarkets in the commercial area and a truck repair shop and marble/decorative rock business in the industrial area. Other land use actions have included new subdivisions, single family home construction and the change of uses in existing buildings. The La Pine UUC, as well as the surrounding area, is generally flat. The native vegetation in the area consists primarily of lodgepole and ponderosa pines with an understory of grasses and shrubs. The Long Prairie Slough and its floodplain form the western boundary of the UUC. The floodplain area is used for agricultural purposes. A detailed wetland inventory was completed in January 1996 by the Division of State Lands. The study found that there were no wetlands located inside the La Pine UUC. Except for two historic structures, no Goal 5 resources have been identified or inventoried within the boundaries of the La Pine UUC. Land surrounding the La Pine Urban Unincorporated Community boundary is zoned Forest Use 1, Forest Use 2 and Exclusive Farm Use (EFU - La Pine Subzone). Land to the north and east is federal land managed by the Bureau of Land Management. In addition, a large area of land zoned Rural Residential (10 acre minimum lot size) lies approximately 2 miles north and west of the La Pine UUC. The Ordinance 96-002 Exhibit "B" 3 3/27/96 Figure 2 Fire Protech on District 0149-1899 25 0 25 5 7.5 10 12.5 15 17.5 Miles Principal Arterial (highway) Rural Collector County Line Unincorporated Community Fire District Nbp Created: 3120196 Figure 3 Surrounding Rural Area Y 6 ° 9 t ° x x Y 4 � O 0 0 0 0 e Y k k k x a 0149-1900 a a ° Z O a d e Junction k O a O 1 0 1 2 3 4 5 6 7 8 9 10 Miles �/ Principal Arterial (highway) N Rural Collector °axY Forest Highway Unincorporated Community RR 10 Zone County Line Map Created: 320/96 0149-1901 Comprehensive Plan designation for the surrounding properties is Forest and Agriculture. The La Pine UUC is the primary service center for the surrounding rural residential development located south of La Pine State Park Road. See Figure 3. The UUC also serves needs of additional RR -10 development south of Sunriver and north of La Pine State Park Road. As part of the OAR 660 Division 22 revisions, the boundaries of the UUC were expanded from the boundaries of the Rural Service Center to include a large tract to the north that is occupied by the La Pine Sewer District for the treatment and disposal of its effluent. Under the revisions, this tract retains its resource designation, but is changed to Agriculture to recognize the fact that the tract has been cleared of trees and that the treated effluent is used to grow hay crops as part of the disposal process. The most contentious issue during the process of implementing the UUC designation was whether sufficient amounts of land had been zoned commercial within the UUC. The plan designations adopted as part of the UUC revision include an increase in designated commercial lands along the western boundaries of the UUC and some areas between Foss and Finley Butte Roads and along Foss Road. Although there was a request that additional areas to the east of Highway 97 be zoned commercial, the County declined to designate those areas commercial, giving due consideration to the preference for expansion of commercial areas along Huntington Road, the fact that much of the residential development to be served by the UUC is located to the north and west of the UUC and the need to retain areas for future residential development within the La Pine core area. POPULATION INFORMATION - LA PINE Population Estimates for Deschutes County: Source: U.S. Census, 1990 Population Estimates for La Pine including La Pine Urban Unincorporated Community and Wickiup Junction Rural Service Center: :.....::.: ........ 4,651 6,619 7,315 7,996 source: Ratio projection model based on U.S Census, 1990 information for Deschutes County. Ordinance 96-002 Exhibit `B" 7 3/27/96 LAND USE INVENTORY - LA PINE 0149-1902 The information listed below is from the Deschutes County Planning Division Unincorporated Rural Communities Land Use Inventory completed on October 26, 1994. ts........................ ::: r ::::.:..::.......:::.:::.......>€ .... it .:....::........ 's .....:. 88 45 Residential 223 129 94 Miscellaneous 48 2 33 0 2 Commercial 107 87 20 Industrial 24 '15 9 Tract* 166 124 42 Farm 1 0 1 Exempt* * 104 6 98 Total Tax Lots 1 404 232 172 * Residential property or property used primarily for residential purposes. ** Tax exempt properties, i.e. church, county or state government. :::::::::::::::;::::.::.:z� x D�Md ::::.::::..:::::::..::. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.................... ::: r .:............ $ >:::.:::::::::::.::::......................::.::.;:.:.::.::.::.::.:::.::.::.::.:::.::. .... it Commercial 133 88 45 Residential 223 129 94 Industrial 48 1 15 33 Maximum # potential new lots approximately 1269 -based on both public water and public sewer service. approximately 306 -based on either public water or public sewer service. Existing sewer connections: 220 connections. Existing public water systems: 22 non -community water systems with 146 connections, serving 1837 people. Total acres (acres) 969 acres Road distance from nearest UGB 25 miles from Bend UGB Ordinance 96-002 Exhibit B" 8 3/27/96 0149-1903 B. La Pine Community Public Facility Plan Introduction The public facilities plan describes the water and sewer systems that are to support the land uses designated in the appropriate acknowledged comprehensive plan for the La Pine Urban Unincorporated Community. The community public facility plan includes inventories, projected needs, policies and regulations for the water and sewerage facilities which as of the date of this plan either existed or were needed to serve the unincorporated community, including: 1. An inventory of the condition and capacity of existing facilities; 2. An assessment of the level of facilities and services needed to adequately serve the planned buildout within the community area boundary; and 3. Coordination agreements consistent with ORS Chapter 195. This community facility plan is based extensively upon the La Pine Facilities Plan for the La Pine Special Sewer District (June 1985) and the La Pine Special Sewer District Annexation Study (1991). These documents are incorporated by reference as part of this community facility plan document. It is not the intent of this document to duplicate previously developed materials. Rather, it will serve as a summary of public facilities improvements anticipated by the community of La Pine. Inventory of Existing System Facilities SEWER The process of forming the La Pine Special Sewer District began in August 1980. The Board of County Commissioners formed the La Pine Special Sewer District on September 3, 1980, to implement construction, operation and maintenance of sewage facilities in the core area in order to solve the groundwater pollution problem and allow expansion of businesses. The election of three members to the Board of Directors was completed in March 1981. The Unincorporated Community of La Pine consists of approximately 969 acres of land. The La Pine Special Sewer District currently operates and maintains a sewage collection system and treatment plant that provides service for residences and businesses within the district. District boundaries are shown on Figure 1. The facilities consist of on-site septic tanks and septic tank effluent pump (STEP) units, a small diameter gravity collection system with a main pump station, and a treatment and disposal system which stores the septic tank effluent during the winter and spray irrigates it during the summer. Each of the three major components is described in more detail in the "LA PINE SPECIAL SEWER DISTRICT ANNEXATION STUDY REQUEST FOR ENVIRONMENTAL INFORMATIONFORM" FmHA 1940-20. Construction of the existing system was completed in 1988. Ordinance 96-002 Exhibit "B" 9 3/27/96 0149-1904 In 1991, the La Pine Special Sewer District conducted a Feasibility Study for annexation. There were two areas identified in the proposed annexation project: the Wickiup Junction Rural Service Center and an area east of the La Pine core area. The Wickiup Junction area includes all land inside the 1991 Rural Service Center boundary. The area east of the La Pine core area is located in sections 13 and 14, T22S, R10E and is directly east and southeast of the core area of La Pine. The annexation was completed for everything identified in the Feasibility Study for annexation except Wickiup Junction. The La Pine Special Sewer District proposes to eventually annex the entire La Pine Urban Unincorporated Community and the Wickiup Junction Rural Service Center. WATER La Pine is served by 22 non -community, public water systems. "Public Water System" means a system for the provision to the public of piped water for human consumption, if such system has more than 3 service connections or supplies water to a public or commercial establishment which operates a total of at least 60 days per year and which is used by 10 or more individuals per day, or a facility licensed by the Division of Environmental Quality. The motels, supermarkets, restaurants and the La Pine Elementary, Junior and Senior High School are all served by public water systems within the La Pine Urban Unincorporated Community. Existing Sewer Collection System Condition and Capacity According to the Preliminary Engineering Report La Pine Special Sewer District Annexation Project, (December 18,1991), the facilities in the existing collection system and treatment plant are relatively new and are in good working condition. As of March 1996, the system was operating at approximately 40% of capacity. The treatment system for the Sewer District could be described as underutilized. Groundwater is being appropriated and pumped to the lagoons to supplement incoming effluent so that there is water for irrigating the hay crop. Future Conditions - Population and Land Use The La Pine area, including the proposed annexation area, is currently experiencing rapid growth. The Bonneville Power Administration (1983) projects a growth rate of 3.7% per year through the year 2000. The Center For Population Research (1984) projects a growth rate of 2.5% per year through the year 2000. Ordinance 96-002 Exhibit "B" 10 3/27/96 0149-1905 POPULATION INFORMATION - LA PINE Population Estimates for Deschutes County: Source: U.S. Census, 1990 Population Estimates for La Pine including La Pine Urban Unincorporated Community and Wickiup Junction Rural Service Center: ........................ . xx 2.:::::::::...:.......::.::::::::::::::::::::.::::::::::::::::::::::::::::::::::.::: ..;:..; Tac:<I.s:.::::::::::::::::..::.:::::::::::::::::::::::::::::::::. ... >> <:.;::::::::::::.::::::::::::::::::::: 74,958 106,671 117,887 128,868 Source: U.S. Census, 1990 Population Estimates for La Pine including La Pine Urban Unincorporated Community and Wickiup Junction Rural Service Center: ........................ . xx 21.::::::::::::::::::::.:.:::::::.:........:.:.::::::::::::::::::::::::::::::........... ..;:..; Tac:<I.s:.::::::::::::::::..::.:::::::::::::::::::::::::::::::::. 3 LE1<> 4,651 6,619 7,315 7,996 Source: Ratio projection moaei uasea on u�!i "nsus, i77v iniviivauvii iv. -,a%, lum'a ��....�y. LAND USE INVENTORY - LA PINE The information listed below is from the Deschutes County Planning Division Unincorporated Rural Communities Land Use Inventory completed on October 26, 1994. * Residential property or property used primarily for residential purposes. ** Tax exempt properties, i.e. church, county or state government. �.. tares.;:cts::>::.:.:.......................:.::::::::::::::::::::::::....................:..::::::::::::::::::::P..::::....:...........::::::::.::::::.::.;:.;:.;:::::.:::.;:::.::::::::.:.:::::>::::;:.;::::::.:.<: 1.;;:.;:::::::::......::::.:::::::::::::.;:.;:.;:.;:.;:.;;:.:::::::::::...........::::::::::.;:.; `alat.Ecris .:::::::::::::::> ..;:..; Tac:<I.s:.::::::::::::::::..::.:::::::::::::::::::::::::::::::::. at: ate. Hca.::..::::. er�ela ed::Tax::LQts::::«::::::::>::<::::>::> :::::::::::F: Tax; ...................:::::::::.::....:::::::::: 88 45 ......::::::.:. Miscellaneous 2 0 2 Commercial 107 87 20 Industrial 24 15 9 Tract* 166 124 42 Farm 1 0 1 Exempt* * 104 6 98 Total Tax Lots 404 232 172 * Residential property or property used primarily for residential purposes. ** Tax exempt properties, i.e. church, county or state government. �.. tares.;:cts::>::.:.:.......................:.::::::::::::::::::::::::....................:..::::::::::::::::::::P..::::....:...........::::::::.::::::.::.;:.;:.;:::::.:::.;:::.::::::::.:.:::::>::::;:.;::::::.:.<: 1.;;:.;:::::::::......::::.:::::::::::::.;:.;:.;:.;:.;:.;;:.:::::::::::...........::::::::::.;:.; `alat.Ecris .:::::::::::::::> ::::>::;:::I . ecl Lits::.: >:.:>:::.::";'::'::::>: :.;:.;:.::.::::::::::.:::::::::::::::::::::;::.;:.;:.;:.;:.::::::::.::::.:::::::::::::::::::::::::::::::...................... at: ate. Hca.::..::::. Commercial 133 88 45 Ordinance 96-002 Exhibit "B" 11 3/27/96 0149-1906 Residential 223 129 94 Industrial 48 15 33 Maximum # potential new lots approximately 1269 -based on both public water and public sewer service. approximately 306 -based on either public water or public sewer service. Existing sewer connections: 220 connections. Existing public water systems: 22 non -community water systems with 146 connections, serving 1837 people. Total acres (acres) 969 acres Road distance from nearest UGB 25 miles from Bend UGB Facility and Service Assessment SEWER With regard to groundwater quality and the protection of regional groundwater, there are important reasons for improvements in the existing services provided to the La Pine area. These are: • The local groundwater flow system in the La Pine area occurs in shallow, unconsolidated alluvium of the La Pine basin under unconfined aquifer conditions. The water used for domestic, commercial and industrial purposes is drawn almost exclusively from shallow wells sunk into the uppermost layer of the permanent ground water table. The majority of these wells are developed to depths of only 20 to 100 feet below the ground surface. The shallowness of these wells combined with the porous nature of the overbearing alluvium make the aquifer highly susceptible to contamination from both surface and subsurface sources. • The major groundwater contaminant associated with the use and operation of septic tank/drainfield sewage treatment systems is nitrate. Nitrates are found in household and industrial wastestreams and are readily transferred to the groundwater via septic drainfields. System improvements will help eliminate the immediate contamination and public health threat from point -source septic tank drainfields and thus improve local groundwater quality and reduce public health risks. • Future facility and service changes in the La Pine area include an annexation project for the La Pine Special Sewer District and the development of a community water district. • The sewer district annexation proposal including the Wickiup Junction Rural Service Center and an area east of the La Pine Urban Unincorporated Community Zone is anticipated to utilize approximately another 20 to 30 percent of the remaining system capacity. Connection of the proposed annexation areas to the La Pine Special Sewer District is necessary to prevent further contamination of groundwater by septic system drainfield effluent. Ordinance 96-002 Exhibit `B" 12 3/27/96 0149-190'7 WATER In September 1995, the County Board of Commissioners held a public meeting in La Pine to discuss the possible formation of a water district. Given the high risk of contamination of groundwater in La Pine, the Board decided to proceed with a feasibility study for a community water system. Development of a municipal water system is necessary to provide long-term assurance to the community that there will be an abundant supply of quality drinking water. The issue of a quality water supply is a main concern for the community. This is the reason the La Pine Special Sewer District exists and the reason the County is proceeding with a feasibility study for a community water system. Coordination Agreements Consistent with ORS Chapter 195 The Environmental Quality Commission adopted a groundwater protection rule for the Deschutes Basin Water Quality Management Plan in June 1983. This rule states that the wastewater generated within the core area of the community of La Pine shall be collected, treated and disposed of in a manner which prevents pollution of the groundwater by not later than January 1, 1987. The La Pine Special Sewer District Board of Directors approved a resolution on May 23, 1985 adopting final alternatives for the collection, treatment and disposal of sewage for the La Pine Core area. Ordinance 96-002 Exhibit B" 13 3/27/96 0149-1908 COMPREHENSIVE PLAN AND ZONING DESIGNATIONS The La Pine Urban Unincorporated Community is divided into five comprehensive plan areas: Park/Open Space, Residential, Commercial, Industrial and Agriculture. See Figure 4. The La Pine Urban Unincorporated Community is divided into four zoning districts: Residential, Commercial, Industrial, Sewer Facility and Flood Plain. See Figure 5. RESIDENTIAL DISTRICT POLICIES 1. The County shall encourage a diversity of housing options for community residents. 2. All new residential subdivisions and partitions shall provide public, semipublic and/or private open space as part of the development, or fee in lieu of land to the extent allowed by law. 3. Areas designated residential on the comprehensive plan shall be zoned residential district on zoning map. 4. New subdivisions, cluster developments, and manufactured home parks shall be connected to a Department of Environmental Quality permitted community or municipal sewer system. COMMERCIAL DISTRICT POLICIES 5. Develop the commercial district with small-scale, low -impact uses as defined under the Administrative Rule for Unincorporated Communities, OAR 660, Division 22. Small-scale, low impact commercial use is one that takes place in a building or buildings not exceeding 8,000 square feet of floor space. 6. Develop the commercial area with uses intended to serve the community and surrounding rural area or the travel needs of people passing through the area. The surrounding rural area includes the area south of La Pine State Park road to Klamath County line that is zoned Rural Residential, Forest and Exclusive Farm Use. See Figure 3. 7. Buildings in the Commercial District shall be limited to thirty feet in height, unless an exception is allowed under zoning regulations, to retain the rural character of the area and preserve views of the mountains. 8. Develop community infrastructure including sewer, water, streets, sidewalks and transportation. 9. The primary gateway into the La Pine UUC besides Highway 97 is Huntington Road. Therefore, future commercial development shall be encouraged along Huntington Road. 10. Future public uses should be located near the junction of Huntington Road and First Street close to where existing public uses including school, county, office, public, park and fire stations have already been developed. 11. The County shall support transfer of Federal and State land to private ownership within the Commercial District whenever feasible. Ordinance 96-002 Exhibit `B" 14 3/27/96 Us 0149-1912 12. Residential use in conjunction with commercial uses shall be encouraged. Land divisions for residential purposes shall not be allowed in the commercial district. 13. Lands designated Commercial on the comprehensive plan that are not served by sewer, a municipal or community water system and abutted by roads not constructed to County standards shall be given Residential zoning. Notwithstanding and in place of the criteria set forth in DCC 18.136.030 regarding quasi-judicial zone changes, at such time as the sewer and water are in the street adjacent to the subject property and the road abutting the subject property is brought up to County standards, a zone change for such lands shall, upon application to the County, be granted from residential to commercial. Such changes shall be subject to applicable post -acknowledgment provisions of ORS 197.610 through 197.625. (See Figure 6 for areas identified for future commercial expansion.) INDUSTRIAL DISTRICT POLICIES 14. In order to maximize land available for industrial uses, new uses in the Industrial District that meet the criteria for a Oregon Department of Environmental Quality (DEQ) water pollution control facility (WPCF) permit shall be required to connect to the La Pine Sewer Treatment Facility in lieu of obtaining a WPCF permit. 15. New industrial uses shall be limited to those that will not exceed the capacity of water and sewer service available to the site on December 5, 1994, or, if such services are not available to the site, the capacity of the site itself to provide water and absorb sewage. 16. Industrial development shall not degrade the quality of surface or groundwater. 17. Siting criteria shall require adequate traffic circulation, off-street parking, and loading and service area. 18. The community shall attempt to diversify its industrial base. 19. Where the industrial district abuts a residential district, special development standards relating to setbacks, screening, signs and building height shall be established. 20. Industrial zoning shall protect industrial lands from incompatible commercial development. FLOOD PLAIN DISTRICT POLICIES 21. The area within the boundaries of the Urban Unincorporated Community that is within the flood plain as mapped by Flood Emergency Management Agency (FEMA) shall be given a plan designation of "Commercial" and shall be given a zoning designation of "Flood Plain". Notwithstanding and in place of the criteria set forth in DCC 18.136.030 regarding quasi judicial zone changes, the owner of such property may apply for and shall receive a zone change to commercial zoning at such time as the owner obtains from FEMA a letter of map amendment (LOMA) or a letter of map revision (LOMR) verifying that the area is not located within the Special Flood Hazard Area (100 year flood plain). Such changes shall be subject to applicable post -acknowledgment provisions of ORS 197.610 through 197.625. Ordinance 96-002 Exhibit "B" 18 3/27/96 0149-1913 22. The County shall request that FEMA conduct a detailed flood elevation survey for the flood plain adjacent to the La Pine UUC. COMMUNITY APPEARANCE POLICIES 23. When reviewing individual site plans, buildings shall be sited so as to protect significant trees wherever practicable. 24. Site plan criteria shall require landscaping for all new commercial and industrial development. TRANSPORTATION POLICIES 25. The County shall adopt a transportation system plan for Deschutes County which includes the La Pine Urban Unincorporated Community. 26. Planning for bicycle and pedestrian traffic shall be incorporated in new street designs. 27. The County shall work with the Oregon Department of Transportation to slow traffic to posted speeds using a combination of enforcement and traffic calming techniques (extended curbs, landscaping, raised medians, etc.) along Highway 97 through the La Pine UUC. 28. The County shall work with the Oregon Department of Transportation to provide sidewalks and bike lanes on both sides of Highway 97 and safe, convenient pedestrian crossings within La Pine Urban Unincorporated Community. Improvements should occur primarily in conjunction with new highway projects or major reconstruction. 29. The County shall work with the Oregon Department of Transportation to adopt and implement consistent standards regarding left turn lanes, raised medians, driveway spacing, acceleration/deceleration lanes, turn refuges and means to enhance the local street network to handle local traffic and relieve congestion along Highway 97 within the La Pine Urban Unincorporated Community. 30, The County shall require curbs and sidewalks for new development in the Commercial District consistent with constitutional limitations. 31. Sidewalks shall be buffered from the streets with adequate landscaping, shoulders and/or on -street parking. 32. Streets shall be designed to carry anticipated traffic volumes, and rights-of-way shall provide enough space for an adequate planting strip and sidewalks or bikeways. 33. The County shall encourage truck traffic generated from the Industrial District to access the Highway 97 corridor via Reed Road. PUBLIC FACILITY AND SERVICE POLICIES Ordinance 96-002 Exhibit `B" 19 3/27/96 0149-1914 34. New development should locate in areas where facilities are available or can be provided at least cost. 35. The La Pine Special Sewer District should annex all land within the UUC Boundary. 36. The County shall support the development, re -development and expansion of a single domestic water system so that cumulative development will not result in public health hazards or adverse environmental impacts that violate state or federal water quality regulations. 37. Consistent with Goal 11, the County shall support the development, re -development and expansion of the La Pine Public sewer system so that cumulative development will not result in public health hazards or adverse environmental impacts that violate state or federal water quality regulations. 38. If the La Pine Special Sewer District seeks to expand its service area outside the La Pine UUC and the Wickiup Junction RSC, the District will be required to demonstrate that such an expansion is consistent with applicable administrative rules and that the system will be able to accommodate the expansion area and also accommodate the UUC and RSC at buildout. 39. The County shall support the La Pine Special Sewer Board creating a water district. 40. The County site plan criteria shall require that all new developments include a drainage system that protects water quality. Alternative drainage options shall be allowed where shallow water table prohibits use of a drywell. 41. The County shall encourage early planning and acquisition of sites for needed public facilities (e.g. fire stations, schools, parks, roads, etc.) 42. The County shall cooperate with agencies and citizen's groups in improving water quality and the condition of the watershed. 43. The County shall assist the community in reviewing incorporation alternatives. 44. A large tract to the north of the La Pine core area that is used by the La Pine Sewer District for disposal and treatment of effluent shall be redesignated as Agriculture under Goal 3 on the plan. It shall be zoned for sewer treatment and disposal and the uses allowed in the zoning district shall be limited to those that are consistent with Goal 3. OPEN SPACE, FLOOD PLAIN AND WETLAND POLICIES 45. Conditional use permits shall be required for fill and removal activities in designated wetlands. EXPANSION POLICY 46. Expansion of the boundary of the Urban Unincorporated Community (UUC), will require demonstration of a long-term need for housing and employment. Need shall be based upon population growth estimates from a reputable forecast service (such as Portland State University). Estimates shall be coordinated with those for other cities and communities in the county and shall consider: Ordinance 96-002 Exhibit B" 20 3/27/96 0149-1915 (a) Plans to extend facilities and services to existing community land; and (b) The infill potential of existing land in the community. An expansion undertaken under this policy, shall follow the requirements listed in OAR 660-22-040. 47. Areas identified for future expansion outside of the current UUC boundary are those shown in Figure 6. These area were identified based on the following criteria: (a). Private land abutting the Urban Unincorporated Community; (b). Land does not contain designated wetland or floodplain; (c). Sewer service could be provided to site; (d). Federal land identified for land exchange for community uses; and (e). Land not requiring Highway 97 access. Ordinance 96-002 Exhibit "B" 21 3/27/96 EXHIBIT "C" 0149-1916 STAFF REPORT - LA PINE FILE NUMBER AND ORDINANCE NUMBERS: TA958; Ordinance 96-002 La Pine Comprehensive Plan Text Amendment and La Pine Public Facilities Plan; Ordinance 96-003 La Pine Zoning Ordinance Text Amendment; Ordinance 96-004 La Pine Comprehensive Plan Map Amendment; Ordinance 96-005 La Pine Zoning Map Amendment. BOARD OF COUNTY COMMISSIONERS HEARING DATE: February 1, 1996 APPLICANT: Deschutes County REQUEST: The request is to amend the County Comprehensive Plan and Zoning Ordinance (Title 18) for La Pine. These amendments are required for periodic review. SUMMARY: This report is organized into two sections. The first section provides findings for the existing La Pine policies. These existing policies are identified numerically exactly as they appear in the Deschutes County Comprehensive Plan on pages 50 through 52. The second section provides findings to support zoning and comprehensive plan amendments required to comply with the administrative rules for unincorporated communities. (OAR 660-22). BACKGROUND: Deschutes County held an open house public meeting in La Pine during June 1995. Notice was sent to all property owners within the La Pine Urban Unincorporated Community. In addition, notice was placed in local newspapers and staff attended multiple community group meetings to announce the open house public meeting. This meeting was held to inform the community about the proposal to amend plan provisions and land use regulations for this community. In addition, it was an opportunity for the community to talk about issues related to transportation, land use and growth with county staff. The county was looking for input in order to update the comprehensive plan and zoning ordinance to reflect current community expectations in addition to the changing the regulations in order to comply with the new state rules. STAFF REPORT - FILE NO. TA958 1 La Pine 3/27/96 0149-191'7 At this meeting, a survey was handed out to all participants requesting feedback on existing policies in the comprehensive plan and asking what other policies should be added. Following the June meeting, staff compiled survey information and completed a draft proposal to take to the Deschutes County Planning Commission in September. During the months of September and October, the Planning Commission reworked the draft until they felt comfortable with the proposal. Next, the Deschutes County Planning Commission held a public hearing on November 9, 1995 in La Pine to present the draft proposal. Again, a direct mailing to all affected property owners was made to inform residents of the community of this public hearing. Following the public hearing, the Planning Commission working for approximately two and a half months to finalize the draft before sending in on to the Board of County Commissioners for review and approval. Finally, the Board of County Commissioners held a public hearing on February 1, 1996. A direct mailing to all affected property owners was made to inform community residents of this public hearing. Public testimony received at the public hearing included strong support for expanding the commercial district to include residential district properties inside the WC boundary. The Board of County Commissioners then sent a letter to all the property owners affected by the request to seek further input. There was strong support in one area from property owners and strong support against from property owners in another area. Following the public hearing, the Board of Commissioners worked for a month finalizing all the ordinances. Final maps include a small expansion of commercial zoned properties. Adoption of all the ordinances is scheduled for March 27, 1996. SECTION 1: STAFF FINDINGS REGARDING 1978 COMPREHENSIVE PLAN POLICIES: Core Area Development 26. The La Pine 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. FINDING: Survey and public meeting respondents agreed with this policy. Staff recommends rewording this policy. Reworded policy is policy #10 in Ordinance 96-002. STAFF REPORT - FILE NO. TA958 2 La Pine 3/27/96 27 29. 30 31 32 01.49-1918 The La Pine 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. FINDING: The La Pine Urban Unincorporated Community currently has a Sewer district, Parks and Recreation district, and a Fire district. Staff recommends deleting this policy. The County Planning Department shall assist the community in reviewing incorporation alternatives and in preparing a community plan. FINDING: Survey and public meeting respondents agreed with this policy. Staff recommends keeping this policy. Adoption of an urban growth boundary and plan by La Pine, Deschutes County and the State supersedes existing policies and standards. FINDING: This policy is unclear. Urban growth boundaries are located only around incorporated cities. La Pine is not incorporated. La Pine is an Urban Unincorporated Community (UUC) which contains an UUC boundary line. Staff recommends deleting this policy. (deleted by Ordinance 92-052) A resource center area for La Pine should be developed which would include a library, community center and sheriff or police facility. FINDING: The La Pine branch of the Deschutes County Library is located within the La Pine Urban Unincorporated Community on Ist. Street. A joint sheriff office and County building office also exists on 1st. Street. In addition, the La Pine Parks and Recreation District has built a facility on lst. Street. Staff finds that this policy has been accomplished and recommends deleting this policy. Adequate commercial area shall be established along Highway 97, Huntington Road and William Foss Road to serve the community's commercial needs. FINDING: The commercial zoned area inside the UUC has been expanded to include some abutting residential zoned land. The commercial district includes land along Highway 97, Huntington Road and William Foss road inside the La Pine Urban Unincorporated Community. Development is occurring rapidly in all of these areas. Staff recommends writing a policy addressing areas suitable for future commercial district land when the existing commercial district is developed. Reworded policies are policy #9 in Ordinance 96-002. STAFF REPORT - FILE NO. TA958 3 La Pine 3/27/96 0149-1919 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. FINDING: La Pine currently has an industrial park and board to manage the area. Staff recommends deleting this policy. 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 residential zone. FINDING: This area has been rezoned and is currently located in the Industrial District for the La Pine Urban Unincorporated Community. Staff finds that this policy has been accomplished and recommends deleting it. 35. Neighborhood parks, as well as leisure recreation activities such as golf courses, bowling greens, archery, etc., shall be encouraged FINDING: The majority of survey and public respondents were split between agreeing and somewhat agreeing with this policy. This is an issue for La Pine Parks and Recreation District. Staff recommends deleting this policy. OTHER 36. Because of existing and potential problems with water quality, all wells shall be lined, appropriately sited and logged, and septic tank and community systems shall be properly installed Strict enforcement of existing State and County regulations shall be required FINDING: This policy is an issue for Environmental Health. Staff recommends deleting this policy. 37. Recreational use area should be set aside near Dorrance Bridge and on the Little Deschutes River near Burgess, but recreational facilities should be connected to school facilities to reduce energy and public costs as much as possible. FINDING: Survey and public meeting respondents were split in their opinion of this policy. The area discussed in this policy is not located within the La Pine Urban Unincorporated Community. This is an issue for La Pine Parks and Recreation District. Staff recommends deleting this policy. STAFF REPORT - FILE NO. TA958 4 La Pine 3/27/96 0149-1920 38. Exhausted open pit mines, where non-polluting, should be considered for industrial and sludge wastes, as well as sanitary landfills in the immediate La Pine area. FINDING: Survey and public meeting respondents disagreed with this policy. This is not a land use issue for the La Pine Rural Service Center. No land within the La Pine Urban Unincorporated Community is currently zoned Surface Mine. Staff recommends deleting this policy. 39. Transportation facilities are often major problems in rural areas and the County, State and Federal agencies should consider: (a) Re-evaluating the Core Area speed limit; (b) Alternative transport facilities such as bike paths along Huntington Road and South Century Drive, and a shuttle bus for recreational and/or commuting purposes; (c) Widening Highway 97 to three lanes, where feasible to allow turn lanes at Burgess, Vandevert and Paulina East Lake Roads; (d) Moving the intersection of Burgess Road with Highway 97 to a safer location; (e) Improving access and circulation in and around Dory Road, Fall River Road and La Pine State Park areas (this includes consideration by Deschutes County of accepting maintenance responsibility for the La Pine State Park Road); (fi Encouraging road maintenance districts in appropriate areas of La Pine; and (g) Permit the development of a land field or airport to serve the local needs for air transport. FINDING: These policies do not concern the La Pine Urban Unincorporated Community. Staff recommends deleting these policies and writing relevant transportation policies for the La Pine Urban Unincorporated Community. Reworded transportation include policies #25 through #33 of Ordinance 96-002. 40. Because the deer migration corridors in La Pine have been so controversial the County shall cooperate with the State Department of Fish and Wildlife to study the corridors and develop a plan for protecting those areas which may include purchase of private property but that emphasizes using public land as much as possible. FINDING: Survey and public meeting respondents were split in their opinion of this policy. This issue is addressed in the Fish and Wildlife section of the Deschutes County Comprehensive Plan. Staff recommends deleting this policy. STAFF REPORT - FILE NO. TA958 5 La Pine 3/27/96 0149-1921 SECTION 2: STAFF FINDINGS REGARDING GOAL 11 AND 14 AMENDMENTS AND OAR 660, DIVISION 22 UNINCORPORATED COMMUNITIES The following text in italics is directly from OAR 660, Division 22 Unincorporated Communities. Designation of Community Areas 660-22-020 (1) Except as provided in OAR 660-22-070, county comprehensive plans shall designate and identify unincorporated communities in accordance with the definitions in OAR 660-22-010. Counties may amend these designations as circumstances change over time. FINDING: La Pine meets the definition for an "Urban Unincorporated Community". See the comprehensive plan sections for La Pine for more information on how this urban unincorporated community meets the definition provided in OAR 660-22-010. In addition, the 1996 comprehensive plan and zoning maps reflect this new definition, as well as the language changes for the comprehensive plan and zoning ordinance. (2) Counties shall determine boundaries of unincorporated communities in order to distinguish lands within the community from adjacent exception areas, resource lands and other rural lands. FINDING: The 1996 comprehensive plan and zoning maps for La Pine are at a scale sufficient to allow one to distinguish lands within the community from adjacent areas, resource lands and other rural lands. The boundaries are drawn along property boundaries. (3) The boundaries of unincorporated communities shall be shown on the county comprehensive plan map at a scale sufficient to determine accurately which properties are included. Only land meeting the following criteria may be included within an unincorporated community: (a) Land which has been acknowledged as an exception area and historically considered to be part of the community; (b) Land planned and zoned for farm or forest use which is contiguous to the community area and contains public uses considered to be part of the community, provided such land remains planned and zoned under Goals 3 or 4. FINDING: The La Pine Urban Unincorporated Community (UUC) includes the entire exception area identified as the La Pine Rural Service Center (RSC) in the acknowledged Deschutes County Comprehensive Plan adopted in 1978. The boundary of the UUC has been expanded beyond the 1978 RSC boundary to include the BLM property within La Pine Special Sewer District boundary. This property is used for the La Pine Special Sewer District facilities and effluent disposal area. The uses permitted in the Sewer Treatment District are consistent with Goals 3 and 4. STAFF REPORT - FILE NO. TA958 6 La Pine 3/27/96 0149-1922 The 1996 La Pine comprehensive plan and zoning maps will supersede all previous La Pine comprehensive plan and zoning maps. (4) Communities which meet the definitions in both 660-22-010(5) and (8) shall be classified and planned as either resort communities or urban unincorporated communities. FINDING: La Pine does meet the definitions in both 660-22-010(5) and (8). The County has classified and planned La Pine as an urban unincorporated community. Planning and Zoning of Unincorporated Communities 660-22-030 (1) For rural communities, resort communities and urban unincorporated communities, counties shall adopt individual plan and zone designations reflecting the projected use for each property (e.g., residential, commercial, industrial, public) for all land in each community. Changes in plan or zone designation shall follow the requirements of the applicable post -acknowledgment provisions of ORS 197.610 through 197.625. FINDING: The 1996 La Pine comprehensive plan map contains the following individual plan designations: a. Park/Open Space b. Residential c. Commercial d. Industrial e. Agriculture The 1996 La Pine zoning map contains the following individual zoning designations: a. Residential District b. Commercial District c. Industrial District e. Sewer Treatment District f. Flood Plain District (2) County plans and land use regulations may authorize any residential use and density in unincorporated communities, subject to the requirements of this division. FINDING: Residential uses are allowed in the La Pine commercial and residential zoning districts. (3) County plans and land use regulations may authorize only the following new industrial uses in unincorporated communities: (a) Uses authorized under Goals 3 and 4; (b) Expansion of a use existing on the date of this rule; STAFF REPORT - FILE NO. TA958 7 La Pine 3/27/96 0149-1923 (c) Small-scale, low -impact uses; (d) Uses that require proximity to rural resource, as defined in OAR 660-04-022(3)(a); (e) New uses that will not exceed the capacity of water and sewer service available to the site on the effective date of this rule, or, if such services are not available to the site, the capacity of the site itself to provide water and absorb sewage; (fi New uses more intensive than those allowed under subsection (a) through (e) above, provided an analysis set forth in the comprehensive plan demonstrates, and land use regulations ensure: (A) That such uses are necessary to provide employment that does not exceed the total projected workforce within the community and the surrounding rural area, (B) That such uses would not rely upon a workforce served by uses within urban growth boundaries, and (C) That the determination of the workforce of the community and surrounding rural area considers the total industrial and commercial employment in the community and is coordinated with employment projections for nearby urban growth boundaries. FINDING: The comprehensive plan and zoning regulations permit only the following industrial uses: (a) Uses authorized under Goals 3 and 4; (b) Expansion of a use existing on the date of this rule; (c ) Small-scale, low -impact uses; (d) Uses that require proximity to rural resource, as defined in OAR 660-04-022(3)(a); (e) New uses that will not exceed the capacity of water and sewer service available to the site on the effective date of this rule, or, if such services are not available to the site, the capacity of the site itself to provide water and absorb sewage; The County finds that all of the uses listed in the Industrial District will be permitted under OAR 660-22-020(3) (e) because the La Pine Sewer Treatment facility has the capacity on the date of the rule to serve the Industrial District at build out. (See La Pine Facilities Plan for the La Pine Special Sewer District (June 1985) and the La Pine Special Sewer District Annexation Study (1991)). If the existing capacity of the treatment facility is not sufficient to serve a proposed use, then the use will not be allowed. Comprehensive Plan policy #14 requires that all new industrial uses requiring a DEQ Water Pollution Control Facility (WPCF) permit shall be served by sewer. Uses not requiring a DEQ WPCF permit may be approved for on-site sewage disposal. There are 70 existing wells in Sections 13 and 14 where the Industrial District is located. The well logs on file at the Water Resources Department show that there is ample quantity of easily accessible water on site to serve industrial uses. The depths of most wells in Sections 13 and 14 ranges from 20 to 50 feet. The wells in the Industrial District are capable of producing in the range of 15 to 30 gallons per minute or over 20,000 gallons per day. This is ample quantity for most any industrial use. STAFF REPORT - FILE NO. TA958 8 La Pine 3/27/96 0149-1924 The Water Resources Department does not require a water right permit for an industrial or commercial use that uses less than 5,000 gallons per day. If a user requires more than 5,000 gallons a day they must apply to the Water Resources Department for a water rights permit. The District 11 Watermaster has stated that all evidence indicates that there is ample water available to support industrial development. The County is not permitting uses more intensive than those allowed under OAR 660-22-030 (3) (a) -(e). (4) County plans and land use regulations may authorize only the following new commercial uses in unincorporated communities: (a) Uses authorized under Goals 3 and 4; (b) Small-scale, low impact uses; (c) Uses intended to serve the community and surrounding rural area or the travel needs of people passing through the area. FINDING: The La Pine zoning ordinance language permits small-scale, low impact uses subject to site plan review and large scale uses provided the use is intended to serve the community and surrounding rural area or the travel needs of people passing through the area. (See Ordinance 96- 003 Exhibit "A") (5) County plans and land use regulations may authorize hotels and motels in unincorporated communities only if served by a community sewer system and only as provided in (a) through (c ) of this section: (a) Any number of new motel and hotel units may be allowed in resort communities. (b) New motels and hotels up to 35 units may be allowed in an urban unincorporated community, rural service center, or rural community if the unincorporated community is at least 10 miles from the urban growth boundary of a city adjacent to Interstate Highway 5. (c ) New motels and hotels up to 100 units may be allowed in any urban unincorporated community that is at least 10 miles from an urban growth boundary. FINDING: The La Pine UUC is located approximately 30 miles from the Bend urban growth boundary. New motels and hotels are limited to 100 units in the La Pine Urban Unincorporated Community. (See Ordinance 96-3 Exhibit "A"). (6) County plans and land use regulations shall ensure that new uses authorized within unincorporated communities do not adversely affect agricultural or forestry uses. FINDING: Agricultural use within the La Pine UUC is limited to a commercial hay operation in the sewer effluent disposal area in the Sewer Treatment District and some small scale non- commercial animal husbandry in the Residential District. The Sewer Treatment District is adjacent to commercial forest land outside the UUC and residential land within the UUC. The STAFF REPORT - FILE NO. TA958 9 La Pine 3/27/96 v a 0149-1925 agricultural use will continue to be a hay operation because the effluent is used to irrigate the hay crop. Within the UUC, the zoning regulations permit agricultural use subject to limitations in the Residential District. The limitations on number of animals and sizes of parcel are designed to minimize conflict. Farm use as defined by ORS 215 is permitted in the Industrial District and Sewer Treatment District. Agricultural and farm uses are not permitted in the Commercial District. The undeveloped land within the UUC is mostly forested land. Commercial forest operations have been conducted in the Residential and Industrial districts. Commercial harvest of existing forest land in these districts may be required prior to development. Therefore, the zoning regulations permit forest operations in the Residential and Industrial Districts. Neither forest or farm uses are permitted in the Commercial District. The uses permitted in the Commercial District will not adversely affect agricultural or forest uses within the UUC. The only agricultural use adjacent to the UUC is grazing in the riparian meadow of the Long Prairie Slough which forms the western boundary of the UUC. The community is elevated at least 10 feet above the flood plain area where the grazing occurs. Other types of agricultural use are unlikely because the meadow is a wetland and is not suitable for cultivation. The zoning adjacent to the grazing use is residential. The residential lots adjacent to the riparian meadow have been developed for at least 30 years. The residential use and the grazing have coexisted without conflict for years. No special restriction or setbacks on the residential lots adjacent to the flood plain are required. BLM land zoned for forest use is adjacent to Industrial District on the west. On the north there is private and BLM forested land adjacent to the Commercial and Residential Districts. Several schools are located on the Residential District land adjacent to the forest land. Athletic fields form a buffer between the forest land and the school buildings. The zoning regulations for the Commercial, Residential and Industrial districts require a fifty foot setback for structures on lots adjacent to forest zoned land. The increased setback will mitigate adverse affects between commercial forest use and commercial and residential uses. No further restrictions are needed. (7) County plans and land use regulations shall allow only those uses which are consistent with the identified function, capacity and level of service of transportation facilities serving the community, pursuant to OAR 660-12-060(1)(a) through (c). FINDING: When a development proposal is submitted to the County, the impact of the proposed development on the existing transportation facilities is evaluated. Often improvements to transportation facilities are required of developers to mitigate development impacts. In addition, the County is currently working on a county wide transportation system plan that will address transportation facilities located within the La Pine Urban Unincorporated Community. STAFF REPORT - FILE NO. TA958 10 La Pine 3/27/96 0149-x1926 Comprehensive Plan policy # 13 requires construction to County standards prior to rezoning land for commercial uses. (Ordinance 96-002) (8) Zoning applied to lands within unincorporated communities shall ensure that the cumulative development: (A) Will not result in public health hazards or adverse environmental impacts that violate state or federal water quality regulations, and (B) Will not exceed the carrying capacity of the soil or of existing water supply resources and sewer services. FINDING: The La Pine Community Public Facility Plan addresses water and sewer services for the urban unincorporated community. Findings in the Public Facilities Plan establish that there is ample quantity of water for industrial uses. Any development in the La Pine WC is subject to the requirements of the Deschutes County Environmental Health Division. The Deschutes County Environmental Health Division is responsible for enforcing state and federal water quality regulations and ensuring new development will not exceed the carrying capacity of the soil or of existing water supply resources and sewer services. The County is actively assisting in a feasibility study for development of a municipal water system. Minimum lot size standards in the zoning regulations ensure that adequate area shall be provided for on-site sewer disposal systems. Comprehensive Plan Policy #4 and the zoning regulations in the Residential District prohibit residential subdivisions unless they are served by sewer. (9) County plan and land use regulations for lands within unincorporated communities shall be consistent with acknowledged metropolitan regional goals and objectives, applicable regional functional plans and regional framework plan components of metropolitan service districts. FINDING: No metropolitan service district currently exists within Deschutes County. Therefore, this criterion is not applicable. COORDINATION AND CITIZEN INVOL V AIENT 660-22-060 (1) Counties shall ensure that residents of unincorporated communities have adequate opportunities to participate in all phases of the planning process. Counties shall provide such opportunities in accordance with their acknowledged citizen involvement programs. (2) When a county proposes to designate an unincorporated community or to amend plan provisions or land use regulations that apply to such a community, the county shall specify the STAFF REPORT - FILE NO. TA958 11 La Pine 3/27/96 0149-192'7 following: (a) How residents of the community and surrounding area will be informed about the proposal; FINDING: Deschutes County held an open house public meeting in La Pine during June 1995. Notice was sent to all property owners within the La Pine Urban Unincorporated Community. In addition, notice was placed in local newspapers and staff attended multiple community group meetings to announce the open house public meeting. This meeting was held to inform the community about the proposal to amend plan provisions and land use regulations for this community. In addition, it was an opportunity for the community to talk about issues related to transportation, land use and growth with county staff. The county was looking for input in order to update the comprehensive plan and zoning ordinance to reflect current community expectations in addition to the changing the regulations in order to comply with the new state rules. At this meeting, a survey was handed out to all participants requesting feedback on existing policies in the comprehensive plan and asking what other policies should be added. Following the June meeting, staff compiled survey information and completed a draft proposal to take to the Deschutes County Planning Commission in September. During the months of September and October, the Planning Commission reworked the draft until they felt comfortable with the proposal. Next, the Deschutes County Planning Commission held a public hearing on November 9, 1995 in La Pine to present the draft proposal. Again, a direct mailing to all affected property owners was made to inform residents of the community of this public hearing. Following the public hearing, the Planning Commission working for approximately two and a half months to finalize the draft before sending in on to the Board of County Commissioners for review and approval. Finally, the Board of County Commissioners held a public hearing on February 1, 1996. A direct mailing to all affected property owners was made to inform community residents of this public hearing. Public testimony received at the public hearing included strong support for expanding the commercial district to include residential district properties inside the UUC boundary. The Board of County Commissioners then sent a letter to all the property owners affected by the request to seek further input. There was strong support in one area from property owners and strong support against from property owners in another area. Following the public hearing, the Board of Commissioners worked for a month finalizing all the ordinances. Final maps include a small expansion of commercial zoned properties. Adoption of all the ordinances is scheduled for March 27, 1996. (b) How far in advance of the final decision residents of the community and the surrounding area will be informed about the proposal. STAFF REPORT - FILE NO. TA958 12 La Pine 3/27/96 N "l 0149-1928 FINDING: The County sent the newsletter to all the property owners two weeks before the public meeting in June and the Deschutes County Planning Commission meeting in November. Within both newsletters, a time line addressing the approximate completion date for this project was included. (c) Which citizen advisory committees will be notified of the proposal. FINDING: County staff has notified the following citizen advisory committees: La Pine Community Action Team La Pine Industrial Group, Inc. La Pine Special Sewer District Board (3) The information on these three points shall be included in the appropriate plan amendment proposal or periodic review work task. FINDING: Information on these three points are provided above. (4) When a county proposes to designate an urban unincorporated community, the county shall adopt a citizen involvement program for that community in accordance with the provisions of Goal 1, Citizen Involvement. FINDING: The citizen involvement program was stated above under subsection (a). (5) Proposals to designate, plan or zone unincorporated communities shall be coordinated with all special districts, metropolitan service districts and cities likely to be affected by such actions. For any unincorporated community, such coordination shall include a minimum of 45 -day mailed notice to all cities and special districts (including metropolitan service districts) located within the distance described in OAR 660-22-040(2). FINDINGS: Special districts for La Pine include the La Pine Rural Fire Protection District, the La Pine Parks and Recreation District, and the Bend -La Pine School District. Public notice for all meetings has been sent to the above-mentioned districts. STAFF REPORT - FILE NO. TA958 13 La Pine 3/27/96