1996-27320-Ordinance No. 96-041 Recorded 7/25/1996REVIEWED
- 96-2'320
I I FOAL C,QU�ISEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES'
An Ordinance Amending the Text of * ;
Ordinance No. 80-216, the Bend Area
General Plan, as Amended, and
Declaring an Emergency. * n
—UNTY CLLLrt
ORDINANCE NO. 96-041 r� At { ��±
WHEREAS, the Deschutes County Public Works facility, located on
tax lot 18-12-14-100, was constructed in 1976 as an allowed use in
the then -existing A-1 zone; and
WHEREAS, the County Comprehensive Plan and Zoning Ordinance
adopted in November 1979 pursuant to Statewide Planning Goals
designated the site as EFU land, as required by Goal 3, and caused
the public works facility to become a nonconforming use outside the
Urban Growth Boundary; and
WHEREAS, the continued growth of the county and increased demand
for the services provided by the Public Works Department necessitates
the expansion of the Public Works facility and its hookup to the
urban area sewer system, and the facilities' location outside the UGB
on EFU lands precludes such expansion and hook-up to the sewer; and
WHEREAS, the Deschutes County Department of Public Works applied
for a Plan Amendment to change Bend's inner Urban Growth Boundary
(IUGB) to bring the public works facility within the IUGB and to
amend the Text of the Plan and Zoning Ordinances to allow for a UGB
expansion and designation of the site as a Public Facility Zone; and
WHEREAS, a Hearing was held after notice given in accordance
with the law before the Urban Area Planning Commission and the Urban
Area Planning Commission recommended approval of the proposed Text
Amendments and IUGB reconfiguration under the Bend Area General Plan
and Bend Zoning Ordinance; and
WHEREAS, the City of Bend was notified as required in the Joint
Urban Area Management Agreement and concurs in these amendments; and
WHEREAS, after a hearing, the Board of County Commissioners has
determined that the proposed amendments are in the public interest
and conform to applicable law; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAIN as follows:
Section 1. Adoption of text amendment to Urban Area Plan. The
text of the General Policies and Recommendations section of the Bend
Area General Plan (set forth on pages 4 - 5 of the General Plan as
paginated in the 1979 version of the Plan) is amended to add a new
policy and recommendation as follows:
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"Public buildings and facilities should be located in order
to provide convenient public use and to provide maximum
service for greatest economy. Governmental offices should
locate downtown where practicable. Other governmental
facilities, reservoirs, landfills and correctional
facilities should be located in areas with good access to
principal streets."
Section 2. Adoption of text amendment to Urban Area Plan. The
text (found at Page 12 of Exhibit 4 to Ordinance 93-017) of the
Public Buildings and Facilities section of the Public Facilities
Element of the Bend Area General Plan, as amended and set forth by
and in Ordinance 93-017, is further amended to read as follows, with
new language set forth in bold-faced type:
"Public Buildings and Facilities
The City acquired new public works shop facilities that
will be adequate for many years. Deschutes County
constructed a new public works complex on SE 27th Street to
serve the urban and rural parts of the County.
The site of the County Public Works complex on SE 27th was
brought inside the Urban Growth Boundary in 1996 in
recognition that the County shops provide services to urban
as well as to rural areas. This allows for expansion of
that facility in order to better serve the growing urban
and rural needs of the County.
The Bend City Hall was built in 1989 and expanded in 1992.
As the community grows, additional office space will be
needed for the City's administrative functions.
The School District Administrative Offices, the County
museum, and the main branch of the County library are
located a block south of City Hall. The County is looking
at ways to expand or relocate the Main Library. The City
Hall and other public buildings are an anchor in the
southern part of the downtown area.
The County Courthouse and various administrative offices
are located in several buildings at the north end of the
downtown area. The County owns land in this area to expand
its facilities. The Bend Metro Parks and Recreation
District offices are also located at the north end of
downtown adjacent to the river. Maintaining the City,
County, and Park District administrative functions downtown
will help the community focus on the enhancement of
downtown.
In 1991, Deschutes County received approval from the voters
to construct a new correctional facility for minimum and
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medium security inmates. The facility will be locath�f Aeaf''o
Highway 20 in the north part of the urban area.
The Bend Fire Department serves the City, the urban area,
and some area beyond the urban growth boundary through the
Rural Fire District and service contracts. The main fire
station was built in 1918 and is located downtown on
Minnesota Avenue. Three fire department substations serve
both the urban area and adjacent rural district. The Fire
Department is evaluating the need for additional
substations or new locations for the substations.
Public Building Policy:
1. The City and County shall encourage governmental offices to
locate in downtown.
2. Establishment of a Public Facilities zone is encouraged to
allow for the planning and preservation of locations for
future public facilities.
3. The County Public Works facility shall be planned and zoned
with a Public Facilities designation. The uses allowed at
the site from among those uses listed in a Public Facility
zone shall be limited to public works and transportation
facilities and yards and public service uses in existing
facilities as such facilities may be expanded and accessory
uses thereto. Commercial or manufacturing uses shall not
be allowed at the site."
Section 3. Findings. The Board of County Commissioners adopts
as its findings in support of this ordinance the recitals set forth
above and the findings attached as Exhibit C to Ordinance 96-040,
incorporated herein by this reference.
Section 4. Severability. The provisions of this ordinance are
severable. If any section, sentence, clause or phrase of the
ordinance or any line or area on any map is adjudged to be invalid by
a court of competent jurisdiction, that decision shall not affect the
validity of the remaining portions of this ordinance.
Section 5. Codification. County Legal Counsel shall have the
authority to format the provisions contained herein in a manner that
will integrate them into the County Code consistent with the
Deschutes County Form and Style Manual for Board Documents. Such
codification shall include the authority to make such changes, to
make changes in numbering systems and to make such numbering changes
consistent with interrelated codes sections. In addition, as part of
codification of these ordinances, County Legal Counsel 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
3 - Ordinance 96-041 (July 24, 1996)
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.
Section 6. 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 24th day of July, 1996.
RD OF COUNTY COMMISSIONERS
DESCHVWS CO*TY, OREGON
NANCY PE 'ip 'I=GEN, Chir
L"A hof
ATTEST: BARR LAUGHTE , Commissioner
Recording Secretary RO RT L. NIPPER, C6mjffiisioner
4 - Ordinance 96-041 (July 24, 1996)