1997-35378-Ordinance No. 97-065 Recorded 9/25/19970363-021,2
REVIEWS TO FG= , 9'7-353'78 REVIEWED
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending PL -20, the
Deschutes County Comprehensive Plan,
to Amend the Text of the Exception
Statement of the Plan, and Declaring
an Emergency.
WHEREAS, Deschutes County applied for an amendment to the County Comprehensive Plan,
File No. PA -97-5, to allow the extension of sewer facilities, including a pipeline and pump station, from
the La Pine Urban Unincorporated Community to the Wickiup Rural Service Center; and
WHEREAS, construction of such sewer system improvements on lands zoned for forest uses
requires the County to adopt a plan amendment and take exceptions to statewide planning Goal 4, Forest
Lands, and Goal 11, Public Facilities and Services; and
WHEREAS, the County Comprehensive Plan prohibits connections to the proposed sewer line
outside the La Pine UUC or the Wickiup RSC unless such expansion is determined to be consistent with
applicable Oregon Administrative Rules; and
WHEREAS, the County Hearings Officer has held an initial hearing on this application and has
recommended approval of the plan amendment and exceptions; and
WHEREAS, after notice and hearing as required by law, the Board of County Commissioners has
considered the recommendation of the Hearings Officer; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. AMENDMENT OF PLAN TEXT. PL -20, the Deschutes County Year 2000
Comprehensive Plan, as amended, is further amended to add new text to the discussion of the La Pine
Urban Unincorporated Community in Section B, "La Pine Community Public Facility Plan," at the
conclusion of the inventory discussion of sewer facilities, as set forth in Exhibit "A," attached hereto and
by this reference incorporated herein.
PAGE 1 of 2 - ORDINANCE NO. 97-065 (9/24/97)
4..i�
ORDINANCE NO. 97-065
An Ordinance Amending PL -20, the
Deschutes County Comprehensive Plan,
to Amend the Text of the Exception
Statement of the Plan, and Declaring
an Emergency.
WHEREAS, Deschutes County applied for an amendment to the County Comprehensive Plan,
File No. PA -97-5, to allow the extension of sewer facilities, including a pipeline and pump station, from
the La Pine Urban Unincorporated Community to the Wickiup Rural Service Center; and
WHEREAS, construction of such sewer system improvements on lands zoned for forest uses
requires the County to adopt a plan amendment and take exceptions to statewide planning Goal 4, Forest
Lands, and Goal 11, Public Facilities and Services; and
WHEREAS, the County Comprehensive Plan prohibits connections to the proposed sewer line
outside the La Pine UUC or the Wickiup RSC unless such expansion is determined to be consistent with
applicable Oregon Administrative Rules; and
WHEREAS, the County Hearings Officer has held an initial hearing on this application and has
recommended approval of the plan amendment and exceptions; and
WHEREAS, after notice and hearing as required by law, the Board of County Commissioners has
considered the recommendation of the Hearings Officer; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. AMENDMENT OF PLAN TEXT. PL -20, the Deschutes County Year 2000
Comprehensive Plan, as amended, is further amended to add new text to the discussion of the La Pine
Urban Unincorporated Community in Section B, "La Pine Community Public Facility Plan," at the
conclusion of the inventory discussion of sewer facilities, as set forth in Exhibit "A," attached hereto and
by this reference incorporated herein.
PAGE 1 of 2 - ORDINANCE NO. 97-065 (9/24/97)
x163=4213
Section 2. AMENDMENT TO EXCEPTIONS STATEMENT. PL -20, the Deschutes County
Year 2000 Comprehensive Plan, as amended, is further amended by approving exceptions to Statewide
Land Use Planning Goals 4 and 11 for the land described in Exhibit "B," attached hereto and by this
reference incorporated herein, and by amending the Exception Statement by adopting an exception
statement for the subject land as set forth in Exhibit "C," attached hereto and by this reference
incorporated herein.
Section 3. FINDINGS. Findings to support this ordinance are set forth in the Decision of
Deschutes County Hearings Officer for PA -97-5, attached as Exhibit "D," and by this reference
incorporated herein.
Section 4. 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 September, 1997.
ATTEST:
Recording Secretary
OF COUNTY COMMISSIONERS
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ROBF,KT L. NIPPER,
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LINDA L. SWEARINGEN, Commissioner
PAGE 2 of 2 - ORDINANCE NO. 97-065 (9/24/97)
0163=0214
EXHIBIT "A"
"Subsequently, in September 1997, the Board of County Commissioners approved an
exception to Goals 4 and 11 concerning extension of the La Pine Special Sewer District
sewer facilities from the La Pine Urban Unincorporated Community through forest
designated land to serve the lands included in the Wickiup Junction Rural Service Center
(see Exception Statement). At that time, the Board also approved an order annexing the
Wickiup Junction RSC lands into the La Pine Special sewer District. The exception and
annexation allowed the District to extend its facilities to serve the Wickiup Junction
Rural Service Center."
PAGE 1 OF 1 - EXHIBIT "A" TO ORDINANCE NO. 97-065 (9/24/97)
0163=4215
EXHIBIT `B"
Property Description
Land within the Bureau of Land Management right of way along the west side of
Highway 97, between the southern boundary of the Wickiup Rural Service Center and the
northern boundary of the La Pine Urban Unincorporated Community. The dimensions of
the right of way for the pipeline are approximately 2 miles long and 10 feet wide,
comprising 2.4 acres more or less. The dimensions of the right of way for the pump
station are 50 feet by 50 feet, comprising 0.06 of an acre more or less. The subject
property is located in the NW'/4 and SW `/4 Section 1, the SE'/4 Section 2 and the NE'/4
Section 11, Township 22 South, Range 10 East, Willamette Meridian.
PAGE 1 OF 1 - EXHIBIT "B" TO ORDINANCE NO. 97-065 (9/24/97)
0163=0216
EXHIBIT "C"
In conjunction with approval of PA -97-5 for the construction of a sewer pipeline and
pump station along Highway 97 between La Pine Urban Unincorporated Community and
Wickiup Junction Rural Service Center, an exception to Statewide Planning Goal 4,
Forest Lands, and Goal 11, Public Facilities and Services, was taken to allow for the
subject sewer system improvements on forest land. Reasons justifying why the state
policies embodied in Goals 4 and 11 should not apply in this situation are set forth in
Exhibit "D" to Ordinance No. 97-065, which findings are incorporated herein by
reference.
PAGE 1 OF 1 - EXHIBIT "C" TO ORDINANCE NO. 97-065 (9/24/97)
0163=02117
DECISION OF DESCHUTES COUNTY HEARINGS OFFICER
FILE NUMBER: PA -97-5
APPLICANT: Deschutes County
1130 N.W. Harriman Avenue
Bend, Oregon 97701
PROPERTY OWNER: United States of America
Department of the Interior
Bureau of Land Management
REQUEST: The applicant is requesting approval of a plan amendment
and exceptions to Statewide Land Use Planning Goals 4 and
11 in order to allow the extension of the La Pine Special
Sewer District service from the La Pine Urban
Unincorporated Community to the Wickiup Junction Rural
Service Center through lands zoned and designated for
forest use.
STAFF REVIEWER: Dave Leslie, Associate Planner
HEARING DATE/
RECORD CLOSED: September 2, 1997
L APPLICABLE CRITERIA:
A. Title 18 of the Deschutes County Code, the Deschutes County Zoning
Ordinance
* Chapter 18.36, Forest Use - F-1 Zone
*Section 18.36.020, Uses Permitted Outright
B. The Deschutes County Year 2000 Comprehensive Plan
C. Oregon Administrative Rules, Chapter 660:
*Division 4, Interpretation of Goal 2 Exception Process:
*OAR 660-04-010, Application of the Goal 2 Exception
Process to Certain Goals.
*OAR 660-04-015, Inclusion as Part of the Plan.
*OAR 660-04-018, Planning and Zoning for Exception Areas.
*OAR 660-04-020, Goal 2, Part H(c), Exception
Requirements.
*OAR 660-04-022, Reasons Necessary to Justify an
Exception under Goal 2, Part H(c).
*OAR 660-04-030, Notice and Adoption of an exception.
* Division 6, Forest Lands
Deschutes County Exhibit
PA97-5 page of l3
I Ordinance
016340218
4 0 * OAR 660-06-025, Uses Authorized in Forest Zones
H. FINDINGS OF FACT:
A. LOCATION: The Wickiup Junction Rural Service Center (hereafter "RSC") is
located north of the La Pine Urban Unincorporated Community (hereafter "UUC")
and adjacent to U.S. Highway 97. The proposed sewer line extension would be
located on lands own by the Bureau of Land Management (BLM) on the west side
of Highway 97 between the northern boundary of the La Pine Special Sewer
District (hereafter "sewer district") and the Wickiup Junction RSC. The proposed
pump station would be located on the west side of the existing park-and-ride lot on
BLM land on the south side of Burgess Road. The subject property is identified as
a portion of Tax Lot 100 on Deschutes County Assessor's Map# 22-10.
B. ZONING AND PLAN DESIGNATION: The subject property is zoned Forest
Use - F-1, and is designated forest use on the comprehensive plan map.
C. SITE DESCRIPTION: The subject property consists of undeveloped BLM land
lying to the west of Highway 97 between the northern boundary of the sewer
district and the Wickiup Junction RSC. The property is relatively level and is
covered with scattered lodgepole and ponderosa pine trees as well as bitterbrush
and bunch grasses.
D. SURROUNDING ZONING AND LAND USES: To the north of the subject
property is the Wickiup Junction RSC, which is developed with a gas station,
grocery store and restaurant. Further to the north are residential subdivisions with
single-family dwellings. To the south is the La Pine UUC. To the east is Highway
97. To the west is undeveloped BLM land and a park-and-ride lot located on the
south side of Burgess Road.
E. PROCEDURAL HISTORY: The record indicates the sewer district's facilities
initially were designed with sufficient capacity to handle sewage both from the La
Pine core area and from the Wickiup Junction RSC and expansion of the sewer
district's service to this area has been contemplated since at least 1989. In 1994,
the Land Conservation and Development Commission (LCDC) adopted
administrative rules -- Oregon Administrative Rules (OAR) 660 Chapter 22 --
governing development in "urban unincorporated communities" including rural
service centers such as La Pine. Beginning in 1995, the county conducted public
hearings to consider amendments to the comprehensive plan to implement the new
administrative rules. In June of 1996, the sewer district requested that the
Deschutes County Board of Commissioners (hereafter `Board") annex the
Wickiup Junction RSC into the district's boundaries.'
By Ordinance No. 96-002, effective March 27, 1997, the Board amended the
comprehensive plan's provisions concerning La Pine to comply with OAR 660
Chapter 22. These amendments adopted existing and new policies guiding
development in La Pine in general, and the provision of sewer service in particular.
The policies stated that sewer service eventually would be extended to the Wickiup
Junction RSC and the RSC would be annexed into the sewer district.
1 The record indicates no such annexation can take place unless and until the goal
exception requested in this land use application has been approved.
Deschutes County 'D „
PA97-5 Exhibit
2 Page 2- of 3
Ordinance 91-0(05
01 63=0219
In April of 1997, the Board and the sewer district commissioned a pre`aesign study
of the proposed sewer service expansion to the Wickiup Junction RSC which
recommended designs and routes and estimated the cost of the project. The subject
application was submitted by the Board on May 20, 1997.2 The public hearing was
held on September 2, 1997, and the record closed on that date
F. PROPOSAL: The county seeks approval of a plan amendment and exceptions to
Statewide Land Use Planning Goals 4 (Forest Lands) and 11 (Public Facilities and
Services) to enable the sewer district to extend its service to the Wickiup Junction
RSC. This extension would be accomplished by installing approximately 11,950
lineal feet of 4 -inch sewer main between the northern boundary of the La Pine
UUC and the Wickiup Junction RSC. In addition, a pump station would be
installed on the west side of the existing park-and-ride lot on the south side of
Burgess Road. The cost of the project will be paid by public funds and in-kind
contributions by Deschutes County.
The purpose of this extension is to provide sanitary sewer service to the Wickiup
Junction RSC which currently is served by individual on-site septic systems, and
thereby to reduce groundwater pollution from effluent. Individual septic systems in
the Wickiup Junction RSC would be replaced with connections to the new sewer
lines. However, no sewer connections would be allowed to any property located
between the La Pine UUC and the Wickiup Junction RSC.
G. PUBLIC/PRIVATE AGENCY COMMENTS: The Planning Division mailed
written notice of the proposal to several public and private agencies. As of the date
the record closed, responses had been received from the BLM and the Oregon
Department of Transportation (ODOT).
H. PUBLIC NOTICE AND COMMENTS: The Planning Division sent written
notice of the public hearing in this matter on August 19, 1997, to owners of all
property located within 500 feet of the subject property. In addition, notice of the
public hearing was published in the "Bend Bulletin" newspaper and the subject
property was posted with a notice of proposed land use action sign. As of the date
the record closed, the Planning Division had received no written comments in
response to these notices. In addition, no interested persons appeared or testified
at the public hearing.
III. CONCLUSIONS OF LAW:
A. Title 18 of the Deschutes County Code, the Deschutes County Zoning
Ordinance
1. Chapter 18.36, Forest Use Zone (Fl)
a. Section 18.36.020, Uses Permitted Outright
` Deschutes County is the applicant in this matter although it is the sewer district that is
proposing to extend its services. For purposes of this decision, the term "applicant" will
apply to the county or the sewer district as the context requires.
Deschutes County Exhibit _1D
PA97-5
s Page 3 � z
�
Ordinance g'l - 04 5
x y 0163=0220
The following uses and their accessory uses are permitted
outright, subject to applicable siting criteria set forth in this
chapter and any other applicable provisions of this title.
D. Uses to conserve soil, air and water quality and to
• provide for wildlife and fisheries resources.
FINDINGS: Chapter 18.36 does not specifically list the installation or extension of sewer
facilities as a use permitted outright or conditionally in the F-1 Zone. However, the
Hearings Officer finds the proposed use falls within the provisions of paragraph (D) of this
section. That is because the sewer district proposes to extend sewer service to the
Wickiup Junction RSC through lands zoned F-1 for the purpose of reducing or eliminating
groundwater contamination from septic system effluent. Therefore, I find the applicant's
proposed sewer service extension is an outright permitted use in the F-1 Zone.
B. The Deschutes County Year 2000 Comprehensive Plan
RURAL DEVELOPMENT (page 35)
Unincorporated Communities (Exhibit "B" to Ordinance No. 96-002)
La Pine Community Public Facility Plan - Sewer
.. 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 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.
... As of March 1996, the [sewer] 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
[sewage] lagoons to supplement incoming effluent so that there
is water for irrigating the hay crop.
. 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.
FINDINGS: The Hearings Officer finds the proposed extension of sewer service to the
Wickiup Junction RSC is consistent with these plan statements because it will implement
the sewer plan for this area identified in this document.
Deschutes County Exhibit
PA97-5 Page `1 of
4 Ordinance
N ` '
0163=0221
Public Facility and Service Policies
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.
FINDINGS: The Hearings Officer finds this proposal is consistent with this plan policy as
the county has applied for a plan amendment/goal exceptions in order to facilitate the
expansion of the sewer district's service to the Wickiup Junction RSC in order to reduce
or eliminate groundwater pollution from septic system effluent.
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.
FINDINGS: The Hearings Officer finds the proposal is consistent with this plan policy
because in this proceeding the county and the sewer district have been required to
demonstrate compliance with the administrative rules governing the taking of exceptions
to Goals 4 and 11, discussed in detail in the findings below. In addition, the sewer district
is not proposing to allow sewer connections on lands between the La Pine WC and the
Wickiup Junction RSC, which the sewer district proposes to annex once the plan
amendment and goal exceptions requested herein are approved.
42. The County shall cooperate with agencies and citizen's
groups in improving water quality and the condition of
the watershed.
FINDINGS: The Hearings Officer finds the proposed sewer service expansion is
consistent with this plan policy since the record indicates the county conducted hearings
prior to proposing the sewer service extension at which citizens and affected agencies
participated, and the sewer service extension it is being proposed expressly to reduce or
eliminate groundwater pollution from septic system effluent.
Wickiup Junction Rural Service Center (Exh. "A" to Ordinance No. 96-006)
Policies:
4. The County shall work with the La Pine Special Sewer
District to expand the La Pine Special Sewer District to
serve the Wickiup Junction Rural Service Center.
FINDINGS: The Hearings Officer finds the proposed plan amendment/goal exceptions
are a prerequisite to the sewer district's annexation of the Wickiup Junction RSC, and
therefore they are consistent with this plan policy.
Deschutes County
PA97-5
Exhibit t)
Page 5' of "
Ordinanceq,1-6(157
PUBLIC FACILITIES (page 96)
General
0163=0222
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 know as key facilities and shall be
located in urban areas or in rural service centers, if necessary, to meet
the needs of existing rural resident. Key facilities shall be built to
encourage urban, rather than increase rural, residential development.
Rural Services, such as sheriffs patrol, snowplowing, schools and
school busing shall be kept at levels adequate to meet pubic needs but
not in excess to encourage additional development. Rural Service
Centers are a logical location for future rural key facilities to that
services may be used and constructed in as efficient a manner as
possible (see Rural Development Character). 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.
FINDINGS: The Hearings Officer finds the proposed sewer service extension is
consistent with this plan policy because it is a "key facility" designed to serve the Wickiup
Junction RSC, and because no connection to the sewer line will be permitted between the
La Pine UUC and the RSC, thereby confining such "urban" development to these
locations.
Utilities
10. When feasible all utility lines and facilities shall be located on or
adjacent to existing public or private rights-of-way so as to avoid
dividing existing farm units ....
FINDINGS: The Hearings Officer finds the proposed extension of sewer service is
consistent with this plan policy because the sewer line is proposed to be constructed
adjacent to the Highway 97 right-of-way between La Pine and Wickiup Junction.
FOREST LANDS (page 137)
Policies:
5. Except as identified in this plan non -forest uses shall be discouraged
in existing forested areas.
FINDINGS: The Hearings Officer finds the applicant's proposal is consistent with this
plan policy because the other plan policies discussed above specifically contemplate the
proposed extension of sewer service through forest -zoned lands.
C. Oregon Administrative Rules, Chapter 660-04, Interpretation of Goal 2
Exception Process
Deschutes County
PA97-5
Exhibit
Page 6— of `3—
Ordinance
0163-0223
1. OAR 660-004-010, Application of the Goal 2 Exception Process to
Certain Goals.
(1) The exceptions process is not applicable to Statewide
Planning Goal 1 "Citizen Involvement" and Goal 2
"Land Use Planning." The exceptions process is
generally applicable to all or part of those statewide
goals which prescribe or restrict certain uses of resource
land. These statewide goals include, but are not limited
to:
(b) Goal 4, "Forest Lands".
FINDINGS: The Hearings Officer finds an exception to Goal 4 is required because the
proposed sewer line extension would be constructed on lands zoned for forest use.
(2) The exceptions process is generally not applicable to
those statewide goals which establish planning
procedures and standards which do not prescribe or
restrict certain uses of resource land because these goals
contain general planning guidance or their own
procedures for resolving conflicts between competing
uses. However, exceptions to these goals, although not
required, are possible and exceptions taken to these
goals will be reviewed when submitted by a local
jurisdiction. These goals are:
(g) Goal 11, "Public Facilities and Services", except
as provided for in OAR 660 Division 14 for the
provision of urban facilities and services to the
incorporation of new cities or new urban
development.
FINDINGS: The Hearings Officer interprets this provision to mean that an exception to
Goal 11 is not required unless the public facilities and services in question are to be
provided as part of the incorporation of a new city. As that is not the case here, I find no
exception to Goal 11 is required. However, since the county specifically has proposed an
exception to Goal 11, compliance with the exception criteria in the administrative rules,
discussed in detail in the findings below, will be determined for both Goals 4 and 11.
2. OAR 660-04-015, Inclusion as Part of the Plan.
(1) A local government approving a proposed exception shall
adopt as part of its comprehensive plan findings of fact and a
statement of reasons which demonstrate that the standards for
an exception have been met. The applicable standards are
those in Goal 2, Part H(c), OAR -660-004-0020(2) and 660-004-
0022. The reasons and facts shall be supported by substantial
evidence that the standard has been met.
FINDINGS: The Hearings Officer finds the applicant's proposal complies with this
section by proposing an amendment to the comprehensive plan to adopt the exception to
Exhibit
Deschutes County Page of
PA97-5 Ordinance f2! 065
0163=-02"4
Statewide Planning Goals 4 and 11. As discussed in the findings below, I have found the
applicant has demonstrated compliance with the criteria for such goal exceptions, and I
have recommended that the requested plan amendment and goal exceptions be adopted by
the Deschutes County Board of Commissioners.
3. OAR 660-004-018, Planning and Zoning for Exception Areas.
(1) Purpose. This rule explains the requirements for adoption of
plan and zone designations for exception areas. Exceptions to
one goal or a portion of one goal do not relieve a jurisdiction
from remaining goal requirements and do not authorize uses or
activities other than those recognized or justified by the
applicable exception.
(3) "Reasons" Exceptions:
(a) When a local government takes an exception under the
"Reasons" section of ORS 197.732(1)(c) and OAR 660-
004-0020 through 660-004-0022, plan and zone
designations must limit the uses and activities to only
those uses and activities which are justified in the
exception;
FINDINGS: The applicant has proposed a "reasons" exception to Goals 4 and 11 through
this application for a plan amendment to allow the extension of sewer service to the
Wickiup RSC. As discussed in detail in the findings below, the plan amendment and goal
exceptions approved in this decision will not permit the sewer district to extend sewer
service to any property lying between the La Pine UUC and the Wickiup Junction RSC.
4. OAR 660-004-0020, Goal 2, Part Hc, Exception Requirements.
(1) If a jurisdiction determines there are reasons consistent with
OAR 660-04-022 to use resource land for uses not allowed by
the applicable Goal, the justification shall be set forth in the
comprehensive plan as an exception.
FINDINGS: OAR 660-04-022 sets forth the types of reasons that may be used to justify
an exception under OAR 660-04-0020. These reasons include a demonstrated need for the
proposed use and special features or qualities that necessitate a use being sited at or near
the proposed location requiring an exception. The applicant has provided both types of
reasons in support of the exception, discussed separately in the findings below.
(2) The four factors in Goal 2 Part II(c) required to be addressed
when taking an exception to a Goal are:
(a) Reasons justify why the state policy embodied in the
applicable goals should not apply.
FINDINGS: The state policy embodied in Goal 4, to which the applicant seeks an
exception, is to conserve forest lands and protect the state's forest economy by ensuring
the continuing growth of forest tree species and economically efficient forest practices. As
discussed above, the proposed sewer service extension will consist of the installation of
Exhibit
Deschutes County Pae —Aof 3
PA97-5 g
---
8
Ordinance
0163=0225
approximately 11,950 linear feet of 4 -inch sewer line within the existing Highway 97 right-
of-way and a pump station on the west side of the park-and-ride lot on BLM land on the
south side of Burgess Road.
In his written comments on the proposal, Ron Wortman of the BLM stated the young
lodgepole pine stand to the west of the highway, which potentially could be disturbed by
the proposed sewer line and pump station construction, "will have low merchantable value:
in about 30 years." In addition, there is no evidence in the record that there are current'
forest uses on the affected BLM land. Therefore, the Hearings Officer finds the affected
BLM land does not contain commercially valuable trees and therefore allowing the
proposed sewer line extension will not violate the state policy embodied in Goal 4.
With respect to Goal 11, the state policy it embodies is to develop orderly and efficient
public facilities and services for urban and rural development. The Hearings Officer finds
the plan statements and policies discussed in the findings above demonstrate the proposed
sewer line extension is needed to provide sewer service for the Wickiup Junction RSC,
which is "urban" in nature. Therefore, I question whether an exception to this goal is
needed at all.
However, assuming for purposes of discussion that an exception is needed or advisable, I
find the plan statements and policies discussed above demonstrate ample reasons for the
exception. These plan provisions indicate the sewer district has long contemplated
extending sewer service to the Wickiup Junction RSC in order to reduce groundwater
pollution from septic system effluent discharged into the groundwater from individual on-
site septic systems. The record indicates the existing La Pine sewer system is
underutilized, that adding Wickiup Junction RSC effluent will improve the efficiency of
the sewer system's operation by reducing the amount of groundwater required to flush the
system, and that pursuant to the plan statements and policies no connections to the
extended sewer line will be allowed for land between the La Pine WC and the Wickiup
Junction RSC. Therefore, I concur with staff's observations that the proposed sewer
extension actually will carry out the intent of Goal 11.
(b) Areas which do not require a new exception cannot
reasonably accommodate the use.
FINDINGS: The Hearings Officer finds that where, as here, the goal exceptions are being
requested in order to extend an existing sewer line along an existing right-of-way to
minimize land disturbance and to connect with existing and proposed facilities, the
location of the proposed sewer extension is very site-specific. Moreover, the record
indicates the only way to extend sewer service from the existing sewer district boundary
north to the Wickiup Junction RSC is to construct sewer line through forest -zoned land.
Finally, the plan statements and policies discussed in the findings above indicate
construction of a separate sewer system in the Wickiup Junction RSC would not provide
for efficient utilization of the existing La Pine sewer system which was designed to
accommodate sewage from the Wickiup Junction RSC. Therefore, I find the applicant had
demonstrated compliance with this criterion.
(c) The long-term environmental, economic, social, and
energy consequences resulting from the use at the
proposed site with measures designed to reduce adverse
impacts are not significantly more adverse than would
typically result from the same proposal being located in
Exhibit O"
Deschutes County Page 2of —13
PA97-5 Ordinance 91.00.5
0163-0226
other areas requiring a Goal Exception. The exception
' shall describe the characteristics of each alternative area
considered by the jurisdiction for which an exception
might be taken, the typical advantages and
disadvantages of using the area for a use not allowed by
the Goal, and the typical positive and negative
consequences resulting from the use at the proposed site
with measures designed to reduce adverse impacts. A
detailed evaluation of specific alternative sites is not
required unless such sites are specifically described with
facts to support the assertion that the sites have
significantly fewer adverse impacts during the local
exceptions proceeding. The exception shall include the
reasons why the consequences of the use at the chosen
site are not significantly more adverse than would
typically result from the same proposal being located in
areas requiring a goal exception other than the
proposed site. Such reasons shall include, but are not
limited to, the facts used to determine which resource
land is least productive; the ability to sustain resource
uses near the proposed use; and the long-term economic
impact on the general area caused by irreversible
removal of the land from the resource base. Other
possible impacts include the effects of the proposed use
on the water table, on the costs of improving roads and
on the costs to special service districts.
FINDINGS: The Staff Report asserts the proposed plan amendment and goal exceptions
would not result in the establishment of a new use, but would only alter the method of
sewage disposal for the Wickiup Junction RSC. The Hearings Officer disagrees. I
previously have found the proposed sewer line extension is a use permitted outright in the
F-1 Zone. I find the proposal falls within the definition of a "use" in Section 18.04.13 10 of
the zoning ordinance, which provides:
"'Use' means the purpose for which land or a structure is designed
arranged or intended, or for which it is occupied or maintained."
I find the proposed sewer line extension is a structure that will "occupy" the subject
property much as would an electric transmission line, a use for which land use approval is
required in most zones. However, I agree with the argument implicit in the Staff Report
that because the proposed use is so site-specific, the only alternative that can be reviewed
under this criterion in determining whether the proposal would produce impacts "not
significantly more adverse" is the "no -build" alternative -- that is, not extending the sewer
system from La Pine to Wickiup Junction.
The record indicates the entire La Pine/Wickiup Junction area has experienced
groundwater contamination from individual on-site septic systems. Therefore, the
Hearings Officer finds the environmental and social consequences of failing to replace
individual septic tanks and drainfields with connections to La Pine's sewage treatment
facility would be very adverse. I concur with staffs conclusion that the economic and
energy consequences of failing to connect the Wickiup Junction RSC to the La Pine
sewage treatment facility also would be very adverse, severely limiting development in
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Wickiup Junction and not allowing the La Pine sewage treatment facility to operate most
efficiently and to utilize its designed capacity.
For these reasons, the Hearings Officer finds the long-term environmental, economic,
social and energy consequences of extending sewer service from the sewer district to the
Wickiup Junction RSC are not significantly more adverse than not building the extension.
(d) The proposed uses are compatible with other adjacent
land uses or will be so rendered through measures
designed to reduce adverse impacts.
FINDINGS: The Hearings Officer finds the proposed sewer line extension will be
compatible with adjacent land uses by its installation underground and within existing
rights-of-way or easements. The record contains a letter from Peter Russell of ODOT
stating the agency's support for the proposed sewer line extension and indicating it will
not interfere with the function of Highway 97 as long as sewer hookups between La Pine
and Wickiup Junction are forbidden. I therefore find the proposed sewer line extension
will not interfere with existing or potential forest uses or the use of the Highway 97 right-
of-way for vehicular traffic. In addition, I find the proposed use can be made compatible
with the rural character of the land lying between the La Pine WC and the Wickiup
Junction RSC by the imposition of a condition of approval prohibiting any connections to
the sewer line on these intervening lands.
5. OAR 660-004-0030, Notice and Adoption of an Exception.
(1) Goal 2 requires that each notice of a public hearing on a
proposed exception shall specifically note that a goal exception
is proposed and shall summarize the issues in an
understandable manner.
(2) A planning exception takes effect when the comprehensive plan
or plan amendment is adopted by the city or county governing
body. Adopted exceptions will be reviewed by the Commission
when the comprehensive plan is reviewed for compliance with
the goals, when a plan amendment is reviewed pursuant to
OAR Chapter 660, Division 18, or when a periodic review is
conducted pursuant to ORS 197.640.
FINDINGS: The Hearings Officer finds these criteria were met by the mailed and
published notices of the September 2, 1997, hearing which specifically stated that goal
exceptions were proposed. In addition, notice of the proposed plan amendment was
mailed to the Department of Land Conservation and Development (DLCD) on July 3,
1997.
D. Oregon Administrative Rules Chapter 660-15, State -Wide Planning Goals
and Guidelines.
FINDINGS: The applicant proposes an amendment to the comprehensive plan.
Therefore, the Hearings Officer finds the applicant must demonstrate the proposal is
consistent with applicable statewide planning goals. I make the following findings
concerning compliance with the goals.
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Goal 1, Citizen Involvement. The proposal is consistent with this goal because two public
hearings will be provided on this matter before a final decision is made, one before the
Hearings Officer and one before the Board. Property owners within 500 feet of this
proposal have been or will be notified of these hearings through individual mailed notice.
Notice also has been provided through posted notice on the property and through
publication in a newspaper of general circulation throughout Deschutes County.
Goal 2, Land Use Planning. The proposal is consistent with this goal. As discussed in the
findings above, the applicant has met its burden of proving compliance with all applicable
approval criteria.
Goal 3, Agricultural Lands. This goal is not applicable because the subject property is not
planned or designated for agricultural uses.
Goal 4, Forest Lands. The applicant has demonstrated compliance with the criteria for the
taking of an exception to this goal.
Goal 5, Open Spaces, Scenic and Historic Areas and Natural Resources. The proposal is
consistent with this goal because the applicant has demonstrated the proposed sewer line
extension, to be installed underground and within existing rights-of-way or easements, will
have no impacts on adjacent scenic and natural resources.
Goal 6, Air, Land, and Water Quality. The proposal is consistent with this criterion
because the proposed sewer line extension will reduce or eliminate groundwater pollution
from effluent discharged from individual on-site septic systems. The proposal will not
affect air quality.
Goal 7, Areas Subject to Natural Disasters and Hazards. The proposal is consistent with
this goal because the applicant has not proposed to extend a sewer line in areas subject to
natural disasters and hazards. The applicant has not proposed to establish the facility in a
location where life and property could be endangered by flooding, erosion, earthquakes, or
landslides.
Goal 8, Recreational Needs. This goal is not applicable because the record indicates the
proposed sewer line extension does not effect lands mapped for a destination resort.
Goal 9, Economic Development. The proposal is consistent with this goal because it will
facilitate the connection to sewer for existing and future businesses in the Wickiup
Junction RSC.
Goal 10, Housing. This goal is not applicable because the proposal does not affect land
devoted to meeting the housing needs of the state.
Goal 11, Public Facilities and Services. The proposal is consistent with this goal because it
proposes to extend sewer service to the Wickiup Junction RSC in order to reduce or
eliminate groundwater pollution from the discharge of effluent from individual on-site
septic systems.
Goal 12. Transportation. The proposal is consistent with this goal because the proposed
sewer line extension will be installed underground within existing rights-of-way or
easements and will not interfere with the function of Highway 97.
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Goal 13, Energy Conservation. This goal is not applicable because the proposal will not
have any impacts on energy consumption.
Goal 14, Urbanization. The proposal is consistent with this goal because it proposes to
extend sewer service to the Wickiup Junction RSC and to facilitate annexation of the
Wickiup Junction RSC to the sewer district to provide sewer service to this
unincorporated "urban" area.
Goals 15 through 19.. These goals are not applicable to this proposal because they address
river, ocean, and mane resources not located near the subject property.
IV. DECISION:
Based upon the forgoing Findings of Fact and Conclusions of Law, the Hearings Officer
hereby APPROVES the plan amendment and exceptions to Goals 4 and 11, SUBJECT
TO THE FOLLOWING CONDITIONS:
1. No connections to the sewer line extension approved by this decision shall be allowed
on lands located outside the La Pine UUC and the Wickiup Junction RSC.
Dated this day of September, 1997.
Mailed this ✓ day of September, 1997.
K ren H. Green, Hearings Officer
THIS DECISION BECOMES FINAL TEN DAYS AFTER MAILING UNLESS
TIMELY APPEALED.
Exhibit D
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Ordinance 9�
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