1999-12-Ordinance No. 98-085 Recorded 12/31/1998VOL: CJ1999 PAGE: 12
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
I hereby certify that the attached instrument was
received and duly recorded in Deschutes County
records:
DATE AND TIME:
DOCUMENT TYPE:
Dec. 31, 1998; 3:39 p.m.
Ordinance (CJ)
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
*01999-12 *Vol -Page 02/03/1999 16:34:37 FEB MED
10
D
REVIEWED AS TO FORM
J,
CODE REVIEW COMM. .,FAQ _CQ1,11.SEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending PL -20, Deschutes County * X98 DEC 31 PM 3: 39
Year 2000 Comprehensive Plan, Regarding Regional
Problem Solving, and Declaring an Emergency. MARY SUE PENHOLLQW
COUNTY CLERK
ORDINANCE NO.98-085
WHEREAS, the Regional Problem Solving Project for South Deschutes County ("Project'),
initiated in 1996 pursuant to state legislation, has identified problems regarding water quality, wildfire
hazards and wildlife resources; and
WHEREAS, groundwater quality in the Project area is diminishing, according to the Oregon
Department of Environmental Quality, due to the cumulative impact from existing on-site septic systems in
areas of high ground water tables and rapidly draining soils; and
WHEREAS, although additional studies about nitrate movement and testing of experimental
technology for waste disposal systems will not be completed for several years, additional steps need to be
taken now to study the cost and feasibilityto implement alternative solutions in the Project area; and
WHEREAS, after notice and hearing as required by law, the Board of County Commissioners has
considered the recommendation of the Deschutes County Planning Commission; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. AMENDMENT. PL -20, the Deschutes County Year 2000 Comprehensive Plan, is
amended to add text, goals and policies regarding Regional Problem Solving for South Deschutes County in
the Rural Development section of the Growth Management chapter, as set forth in Exhibit "A," attached
hereto and by this reference incorporated herein.
Section 2. 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 ,36 day of December, 1998.
ATTEST:
Recording Secretary
Page 1 of 1 - ORDINANCENo. 98-085 (12/30/98)
BOARD OF COUNTY COMMISSIONERS
Qt DESCHUTES.COUNTY. OREGON
NANCY
GEN,
.T L. NIPPER, Comm
r
L. SWEARINGEN, Commissioner
EXHIBIT "A"
Regional Problem Solving for South Deschutes County
Overview
In the 1960's and early 1970's, before statewide planning occurred in Oregon, over 15,000 lots
were created in subdivisions platted south of Sunriver. Most of these parcels are less than two
acres in size and use on-site septic systems to dispose of sewage. Many of them are located in
areas where development is now restricted, such as floodplains, wetlands and areas with a high
groundwater table where septic approval is unlikely.
Since 1989, Deschutes County has been the fastest growing county in the state on a
percentage basis. The rural character, attractive location on or near the Deschutes and Little
Deschutes Rivers, and relatively inexpensive land prices in South Deschutes County have led to
a burgeoning population. The current estimated population of up to 16,000 residents (over
10,000 permanent) would make this area the second largest city in Oregon east of the
Cascades were it incorporated, exceeded only by the city of Bend. Impacts to groundwater, the
source of drinking water in this area, air quality, wetlands and mule deer migration and the risks
to human life and property from wildfires have increased significantly over time.
In 1996, Deschutes County and the Department of Land Conservation and Development
recognized that significant consequences could occur from the pattern of development and
began a collaborative project known as Regional Problem Solving Project for South Deschutes
County. The Regional Problem Solving (RPS) project area encompasses approximately 42
square miles between Sunriver to the north and La Pine to the south, and includes thousands of
small subdivided lots, and some larger parcels, throughout southern Deschutes County. The
attached map identifies Study Areas 1, 2 and 3 within the project area.
The RPS project area is a landscape with a geologic history that produced sediments of
volcanic origin that were deposited in a basin over past eons. These conditions are the result of
lava flows from the west (Cascades) and east (Newberry) that periodically dammed and shifted
the course of the Deschutes River, creating the La Pine Basin, where the deposition of
sediments has occurred, sometimes burying older forests. Volcanic eruptions such as the one
at Mt. Mazama (Crater Lake) approximately 6,800 years ago have contributed significantly to
the volume of sediment deposited in the basin. The Mt. Mazama eruption is the source of
volcanic material that has formed the predominant soil in the area.
At an elevation of 4200 feet, the climate in the region is one of cool nighttime temperatures with
a short frost -free summer that averages less than 100 days annually and a winter period of five
or six months where snow can reside on the ground at any time. The rivers receive significant
input from cool spring fed waters. The groundwater is mostly derived from snowmelt in the high
Cascades to the west, and is also relatively cool.
The development of thousands of small lots in the RPS project area is therefore superimposed
upon highly permeable, rapidly draining soils and a high groundwater table with relatively cold
water temperatures. The overwhelming majority of the lots are served by on-site sewage
disposal systems (septic systems), including standard drain fields, cap and fill systems, and
more recently sand -filter systems. Nitrates, a by-product of septic systems and an indicator of
human pathogens, are poorly retained in the fast draining soils and do not easily break down
due to the cool groundwater temperature. As a result, loading of nitrates occurs in the shallow
Page 1 of 8 - EXHIBIT "A" to ORDINANCE No. 98-085 (12/30/98)
EXHIBIT "A"
groundwater acquifer that underlies this region. The presence of a high level of nitrates is of
great concern because this same acquifer is the source of drinking water for the residents in the
area.
A recent US Geological Survey study of groundwater in Central Oregon concludes that
groundwater in the area is connected to nearby surface waters, including the Deschutes and
Little Deschutes Rivers. Through the sampling of numerous wells in the RPS project area the
Oregon Department of Environmental Quality (DEQ) is predicting that nitrate in the groundwater
will approach unsafe levels, principally as a result of the cumulative effect of sewage disposal
with on-site septic systems, in the near future. Levels of nitrate are elevated in several localized
areas within the RPS project area. However the majority of wells show very low nitrate levels at
this time and surface water contamination has not been documented.
Due to the existing pattern and density of development DEQ is predicting that nitrate levels will
continue to increase over time, even if measures were taken now to alter the development
pattern in the RPS project area. If measures are delayed much longer, the consequences could
become more serious, possibly resulting in unsafe levels of nitrates in groundwater and drinking
water.
More definitive information is expected to be available in the next few years, regarding the
timing of nitrate movement in groundwater and the overall impact of nitrate from septic systems
to groundwater and possible surface water pollution. The DEQ and Deschutes County will
complete additional groundwater investigations and testing of experimental sewage disposal
technology to reduce nitrates from on-site sewage disposal, with grants from the US
Environmental Protection Agency. The results from these studies will not be known for several
years. Experimental on-site sewage disposal may lead to affordable technological advances
that can be applied to new and possibly existing systems. In the meantime, the region will
continue to grow and nitrate loading from on-site systems will continue to increase.
Some measures may need to be implemented in the future to address groundwater pollution
and other impacts that could result from the development of the thousands of small -size
subdivided lots in South Deschutes County. The creation of a new neighborhood between La
Pine and Wickiup Junction as an alternative to building fewer houses on the remaining vacant
small lots appears to hold much promise. A market-driven transferable development credits
program could assist in the redirection of growth from the existing subdivisions into this new
neighborhood.
A development standard or sewage disposal rule that requires an effective lot area of 1.5 acres
for new dwellings served by an on-site septic system may need to be considered. The acreage
requirement would need to be based on the long-term balance between nitrate loading from
septic systems and dilution from precipitation that infiltrates the land. An effective lot area
should include contiguous or non-contiguous vacant land within a specified distance from the
proposed building site.
For these reasons, Deschutes County has determined that it is appropriate to adopt
comprehensive plan goals and policies to recognize the importance in protecting groundwater
and other resources and the need to continue to work on the Regional Problem Solving project
for South Deschutes County.
Page 2 of 8 - EXHIBIT "A" to ORDINANCE No. 98-085 (12/30/98)
EXHIBIT "A"
South Deschutes County
Regional Problem Solving Project
Study Areas
r+
UNRIVER
STUDY:: 9
AREA Spring Rd
r•
1
00
0o
Z5
U
STUDY
AREA S. cent Dr
2
Q� yU�J
O�
F
a ine c Rd
J�
o`�yGa a
jc
STUDY
AREA wic
3 JT
Burgess Rd Paulina Lake Rd
NEW
NEIGHBORHOOD
s
LA PINE N
Jackpin W E
o d
c
w
m
S
97 30 2 0 2 4 Niles
Deschutes Count undary
Page 3 of 8 — EXHIBIT "A" to ORDINANCE No. 98-085 (12/30/98)
EXHIBIT "A"
Nitrates - Health and Groundwater Impacts; Septic System Impacts and Studies
High levels of nitrates in drinking water are a cause of methemoglobinemia (blue baby
syndrome) in infants and have been linked to cancer and weakening of immune system in the
elderly. Nitrate levels are often used as an indicator for the transmission capabilities of other
pathogenic agents. Surface waters are very sensitive to eutrophication by the addition of
nutrients; nitrate is an indicator of nutrient loading.
A natural background level of nitrates would be less than 1 mg/L. The Environmental Protection
Agency (EPA) has set the safe water drinking standard (Maximum Contaminant Level or MCL)
for nitrate at 10 mg/L. The DEQ is required to declare a region a Groundwater Management
Area if nitrate concentration reaches 7 mg/L. This would require a plan to protect and restore
groundwater quality. Deschutes County Planning and Environmental Health are only slightly
ahead by starting and developing their plans proactively.
On-site septic systems are the only significant source of nitrates in the La Pine sub -basin. The
La Pine sub -basin has many conditions that allow for little denitrification of wastewater to occur:
rapidly draining soil, shallow groundwater, very short growing season, cold temperature, not
much hydraulic gradient. Most of the development has taken place in the very bottom of the
sub -basin over shallow groundwater and on small lots served by wells from an unconfined
aquifer.
In 1980-81 Contamination of the aquifer from septic systems had already occurred in the La
Pine core area as of 1980-81 (La Pine Acquifer Management Plan, Century West, 1982). A
community sewer system was required to remedy the situation. A 1995 well monitoring study
by DEQ showed that after 11 years of sewer, the nitrate levels in the La Pine core area had
receded but were still at "unsafe levels." This is an indication that the recovery time for the
aquifer is lengthy.
The 1995 monitoring study also revealed the existence of five areas in the RPS project area, not
including the core area of La Pine, where nitrate levels are greater than usual background
levels. Nitrate levels are as high as 4.8 to 5.9 mg/L in three of these areas and as high as 3
mg/L in the other two.
The 1995 monitoring study was part of a modeling effort by the DEQ to estimate the impact of
septic systems on the groundwater. The initial results of the model indicate that at existing
(1994) development the aquifer would reach nitrate levels of 7 mg/I by 2005. Since the
collection of samples in 1994 there are approximately 700 additional residences in the RPS
project area using on-site septic systems. The model is limited because it is two-dimensional
and does not account for flow in or out of its boundaries.
A grant from the US Environmental Protection Agency will allow significant work in 1999 to help
with a solution to the problem of high nitrate levels. The primary purpose of the grant is to
experiment with new technologies in on-site septic systems. Part of the grant will be used to
continue increasing the groundwater monitoring network and complete additional analysis of
nitrate movement in the groundwater using a three dimensional model.
The experimental septic system program was started in 1998 through the RPS project and DEQ
grant funding and is expected to increase significantly with the new federal grant. The purpose
Page 4 of 8 - EXHIBIT "A" to ORDINANCE No. 98-085 (12/30/98)
EXHIBIT "A"
is try new technologies that appear to be capable of reducing nitrate levels. Besides nitrate
reduction there are many other aspects of new technology that need to be examined before
widespread applications for the general public can occur.
Over the past five years the US Geological Survey (USGS) has developed a groundwater flow
model of the entire Upper Deschutes Basin. The model will be used to do an analysis of
nitrates from on-site systems to help answer the following three questions:
1. Where should additional monitoring wells be set up for continuous monitoring of
nitrate plumes from residential development?
2. What density does development need to be set at to minimize impact on groundwater
quality?
3. What variations of impact due to location are there in the La Pine sub -basin?
The DEQ rules require a minimum of an acre for standard system and a half -acre for pressure
or sand filters in rapidly draining soils. This is a statewide rule and the authors were probably
looking at rainfall amount from a typical Willamette Valley year to provide dilution.
Mixing wastewater from a typical single family residence with the recharge provided by yearly
precipitation in Southern Deschutes County, it requires 2.5 acres for a standard system and 1.5
acres for a sand filter to maintain a recharge concentration at or below 7 mg/I. This estimate is
on the conservative side because it does not account for inflow, outflow, or upflow from other
areas.
Areas such as Fall River Estates, Wild River and Ponderosa Pines do not require as much
acreage to achieve an adequate amount of mixing and dilution of nitrates because they are
located in areas of higher precipitation at the western edge of the acquifer. Also, the acquifer
gradient is steeper resulting in more dilution due to higher groundwater flow rates. La Pine and
portions of Oregon Water Wonderland and Stage Stop Meadows subdivisions served by sewer
systems are also not contributing to the overall nitrate loading problem in the region.
u Legislation
In October 1998, Congress passed legislation to assist Deschutes County in purchasing a 540 -
acre tract of land from the Bureau of Land Management. This tract is located between La Pine
and Wickiup Junction, west of Highway 97 and east of Huntington Road. A sewer line between
the communities of La Pine and Wickiup Junction runs through the property.
This property is intended to be the site of a new neighborhood that will be serviced by sewer
and water systems, and paved roads. Residential use will predominate, although community
needs such as a senior center, library, assisted living facility and limited neighborhood
commercial uses may be developed. A design process known as a "charette" occurred in
November 1998. This design workshop occurred over a three-day period with the participation
of over 80 people from the community.
Page 5 of 8 - EXHIBIT "A" to ORDINANCE No. 98-085 (12/30/98)
EXHIBIT "A"
The initial design encompasses a neighborhood primarily residential in character with sewer,
water and a road network of paved streets and access roads without curbs. A setback of 300
feet from Highway 97 has been incorporated into the eastern boundary of the design. A senior
center and assisted living facilities are included in the southern part of the property adjacent to
the community of La Pine. This preliminary design will be evaluated to determine lot sizes and
density, development costs, phasing of development and the ability to use transferable
development credits as a tool for the overall development of the new neighborhood.
u Transferable Development Credits
The creation of a new neighborhood between La Pine and Wickiup will allow for the redirection
of development away from platted lots in floodplains, wetlands, deer migration corridors and
areas susceptible to groundwater pollution from nitrates. Shifting future residential development
away from these areas will also help to maintain open space and preserve the rural character of
the area by reducing the density of development that would otherwise occur on existing lots.
To create such a neighborhood will require the use of transferable development credits as a
fluctuating commodity, where a property owner could keep his or her land, but sell the right to
develop as a credit. Another person who wants to build in the new neighborhood could then
purchase this development credit. The method for allocating credits to existing lots located in
areas with environmental constraints and the amount of development credits required for
different lot sizes or uses in the new neighborhood must still be determined. It appears the most
equitable system is a method based on valuation of property.
u Public Participation
The RPS project has involved all aspects of the community, including property owners, interest
groups, public agencies and government at the local, state and federal levels. Over 20
stakeholder meetings and 5 public forums were held. Two newsletters and other mailings have
been sent out to an extensive mailing list of property owners and other interested individuals,
community organizations and local governments. The local press has covered this topic with a
number of articles and news reports on several occasions.
The proposed comprehensive plan amendment is the result of a significant public involvement
process and survey results obtained in response to mailed surveys. According to these surveys
the top three priorities for the residents of South Deschutes County is to retain open space to
maintain the rural character of the area, to not allow septic systems in areas of high
groundwater and to allow for experimentation with alternative methods of sewage disposal.
Among the least favored options was extending sewer throughout the region due to the high
cost associated with this expansion. However, several small sewer systems exist in the region
and people who commented at the community workshop and testified before the Planning
Commission in December indicated that the option of using sewer systems to dispose of
sewage should continue to be explored.
To ensure that public involvement was as great as possible regarding the proposed
amendments to the comprehensive plan and zoning ordinance, an additional newsletter was
mailed in November 1998. This newsletter contained a notice of the public hearings held in
Page 6 of 8 - EXHIBIT "A" to ORDINANCE No. 98-085 (12/30/98)
EXHIBIT "A"
December before the Deschutes County Planning Commission and the Board of County
Commissioners regarding the proposed amendments. The newsletter also described various
aspects of the RPS program, characterized design elements of the new neighborhood as a
result of the design charette and encouraged people to attend a community workshop held in
early December to learn more about the amendments. This newsletter was mailed to over
5,000 property owners, including the owners of all lots in the RPS project area which are zoned
RR -10 and less than 2 acres in size, and the stakeholders, interest groups, agencies, etc., who
had previously participated or expressed an interest in the RPS project.
County staff assembled a more detailed packet of information about the RPS project in
December 1998. This packet includes information on a variety of topics related to the RPS
project including nitrates, experimental on-site technology, alternative solutions, transferable
development credits and a bibliography of the studies and other sources of information used to
analyze the region's problems and to formulate solutions.
GOALS:
To preserve water and air quality, reduce wildfire hazards and protect wildlife habitat.
2. To ensure that domestic water derived from groundwater meets safe drinking water
standards.
3. To develop an equitable, market-driven system, that reduces the potential development
of existing lots in floodplains, wetlands, mule deer migration corridors and areas
susceptible to groundwater pollution.
4. To create a new neighborhood, primarily residential in character, between La Pine and
Wickiup Junction, that provides services efficiently, sustains economic development and
reduces adverse impacts to groundwater quality in South Deschutes County.
5. To explore experimental sewage disposal methods.
POLICIES:
1. The County shall continue to work with landowners, citizens, community organizations
and governmental agencies at the local, state and federal level to:
a. Continue collaborative work on the Regional Problem Solving project.
b. Develop, review and implement land use policies and development standards that
will ensure that agreed-upon solutions from the RPS project are enacted to the
maximum extent possible.
c. Analyze the feasibility of acquiring land from the BLM between La Pine and Wickiup
Junction, west of Highway 97, to develop as a new neighborhood.
d. Conduct feasibility studies regarding development of a new neighborhood. Such
studies may include, but are not limited to: a master design plan, development costs
and funding options, water and sewer system feasibility, traffic impacts, and zoning
codes and governance issues.
Page 7 of 8 - EXHIBIT "A" to ORDINANCE No. 98-085 (12/30/98)
EXHIBIT "A"
2. The County shall continue to develop and analyze a Transferable Development Credit
program as a possible means to redirect potential growth away from residential lots in
subdivisions throughout the region into the new neighborhood.
3. The County shall continue to evaluate means to reduce nitrate loading from on-site
sewage disposal systems by exploring experimental on-site sewage disposal
technology, retrofitting of existing substandard disposal systems, expansion of sewer
systems, development standards such as an effective lot area or variable lot area
requirements, or other measures that will accomplish the goals.
4. New residential subdivisions and partitions in the Wickiup Junction Rural Service Center
and the La Pine Urban Unincorporated Community shall be connected to a community
water system and the La Pine Special Sewer District sewage disposal system.
Page 8 of 8 - EXHIBIT "A" to ORDINANCE No. 98-085 (12/30/98)