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2000-850-Ordinance No. 2000-013 Recorded 8/24/2000VOL: CJ2000 PAGE: 850 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *02000-850 * Vol -Page Printed: 08/24/2000 14:05:41 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: DOCUMENT TYPE: Aug. 24, 2000; 8:04 a.m. Ordinance (CJ) NUMBER OF PAGES: 112 V. �, 0'. - ";., � MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK KE NC EDA � 2 2001) REVIEWED AS TO FORM ' —` APPROVED Code Review Committee Leg unset BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHU (I'YPPR(E An Ordinance Amending the Growth Management* MA��'i Ji) d l r1 Chapter of PL -20, the Deschutes County 1 Y _ ZK Comprehensive Plan, and Declaring an Emergency. ORDINANCE NO. 2000-013 WHEREAS, Deschutes County has proceeded to implement solutions identified by the Regional Problem Solving Project for South Deschutes County; and WHEREAS, expanding the La Pine Urban Unincorporated Community is one identified solution; and WHEREAS, after notice and hearing as required by law, the Board of County Commissioners has considered the recommendation of the County Planning Commission; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. REPEAL AND REPLACE. The La Pine Urban Unincorporated Community and the Wickiup Junction Rural Service Center sections, attached hereto as Exhibit "A" and incorporated herein by this reference, in the Growth Management chapter of PL -20, the Deschutes County Comprehensive Plan, are repealed and replaced with a new section entitled La Pine Urban Unincorporated Community, to read as shown in Exhibit `B," attached hereto and incorporated herein by this reference. Section 2. FINDINGS. The Board adopts the Deschutes County Regional Problem Solving Findings for Expansion of the La Pine Unincorporated Community Boundary, attached hereto as Exhibit "C" and incorporated herein by this reference, as its findings to support this Ordinance. Section 3. 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 qday of August, 2000. -< c , BOARD OF COUNTY COMMISSIONERS(:) -" OF DESCHUTES COUNTY, OREGON tnda L. earingen, Char r: _ OD c"' O ATTEST: ennis R. Luke, Commissioner ohl4u-�- c.. Recording Secretary Tom eWolf, Commissione - c; _ n- 'o Page 1 of 1 - ORDINANCE NO. 2000-013 (08/09/00) ) EXHIBIT "A" Wickiup Junction Rural Service Center Under the Administrative Rule for Unincorporated Communities, OAR 660, Division 22, Wickiup Junction meets the definition for a "Rural Service Center." According to the Rule, a "Rural Service Center" is an unincorporated community consisting primarily of commercial or industrial uses providing goods and services to the surrounding rural area or to persons traveling through the area, but which also includes some dwellings. The existing development in Wickiup Junction consists of a variety of commercial businesses such as automotive services, restaurants, bowling alley, motels and gas station/convenience market. Two fraternal organizations are also located here. Some residential development also exists. Recent land use actions and development within the Wickiup Junction Rural Service Center has converted existing buildings to new uses. The following information shows potential for new development in the Wickiup Junction Rural Service Center. LAND USE INVENTORY — WICKIUP JUNCTION Assessors Property Class Tax Lots Developed Tax Lots Vacant Tax Lots Commercial 40 24 16 Tract* 30 14 16 Exempt** 1 22 1 4 1 18 Total Tax Lots 1 92 1 42 1 50 Zoning Tax Developed Vacant Lots Tax Lots Tax Lots Commercial/ 92 42 50 Residential District Maximum # Potential new lots 92 Sewer available No Existing public water system Yes — one non -community system with one connection, servicing 100 people. Total area 102 acres Road distance from nearest UGB 22 miles from Bend UGB *Residential property or property used primarily for residential purposes. "Tax exempt properties, i.e., church, county or state government. Wickiup Junction, as well as the surrounding area, is generally flat. Historically, the native vegetation in the area consisted primarily of lodgepole and ponderosa pines with an understory of grasses and shrubs. Much of the native vegetation in the surrounding area remains, except that trees have been thinned in conjunction with forest product operations and residential development. Land surrounding Wickiup Junction is zoned Rural Residential (RR -10 acre minimum lot size) and Forest Use 1. Land to the north and south of Wickiup Junction is currently federal land managed by the Bureau of Land Management. The Comprehensive Plan designation for the surrounding properties is Rural Residential Exception Area and Forest. The development pattern west of the Rural Service Center consists of single family residences on small lots. See Figure 1 for location of surrounding residential development. As a result of these subdivisions, the rural service center serves a large population base in the south county. U.S. Highway 97 runs along the majority of the western boundary of the Rural Service Center. Burgess Road intersects Highway 97 along the southern boundary of the Rural Service Center. Both of these roads are two lanes and paved. Highway 97 is designated as a Primary Highway by Deschutes County while Burgess Road is classified as a Collector. Local streets provide internal access to Wickiup Junction. The Great Northern Railroad runs parallel to Highway 97 west of the Rural Service Center boundary. Wickiup Junction is within the La Pine Fire Protection District. The Wickiup Junction Rural Service Center contains one comprehensive plan designation, commercial/residential and one zoning designation commercial/residential district. See Figures 2 and 3. TRANSPORTATION As rural communities located on a major highway, La Pine and Wickiup Junction require a transportation system that will accommodate local, commuter, regional, and interstate traffic. The local transportation system needs to balance the needs of through traffic with impacts on the community's livability and rural character. Accomplishing this goal requires integrated street, bicycle and pedestrian networks, appropriate street standards, safe access to Highway 97, and safe vehicular, bicycle, and pedestrian crossing of Highway 97. Page 1 of 34 - EXHIBIT "A" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "A" 1) The Organizing Framework of Wickiup Junction - Highway 97 & the BNSF Railroad Highway 97 and the BNSF Railroad are the dominant physical elements of Wickiup Junction. The highway and railroad are adjacent and parallel to one another in a primarily north -south orientation. Development of the community has primarily occurred along Highway 97's east frontage and the Highway 97/Burgess Road intersection at the south end of the community. 2) Street Inventory The Wickiup Junction street system currently consists of three street classifications, per the Deschutes County Transportation System Plan - Principal Arterial (State Highway 97), Rural Arterial (Burgess Road) and local streets. East of Highway 97, the street system consists of a frontage road and Drafter Road that parallel the highway. Rosland Road is an east -west oriented road that connects Highway 97 with the south end of Drafter Road. Drafter Road connects to Highway 97 at the north end of the community. ODOT owns a 300 -foot wide unimproved right-of-way that extends along the entire eastern edge of the community. Burgess Road is an east -west oriented road that extends west from its intersection with Highway 97. Burgess Road is the southern boundary of the community. Several north -south oriented streets extend north off Burgess Road. The following street inventory identifies existing right-of-way, surface type, travel lanes, posted speeds, parking, bicycle and pedestrian facilities. The streets were inventoried through site reconnaissance and review of existing transportation - related documents. Page 2 of 34 - EXHIBIT "A" TO ORDINANCE NO.2000-013 (08/09/00) .................. - C7 EXHIBIT "A" Figure 1 Surrounding Rural Area r Masten Rd. ........................... I... r: ^' ..................... 0149-1990 ' taint La Pine 1 0 1 2 3 4 5 6 7 8 9 10 Mies Phndpal Arterial (Noway) N /V Rixel CoIleotor • Forest FlOw ay Ur irloorporated Corr ns*E p RR 10 Zone W+ Courlty Une S mwcvaow: Wxm Page 3 of 34 - EXHIBIT "A" TO ORDINANCE NO. 2000-013 (08/09/00) QJunction s Rd A taint La Pine 1 0 1 2 3 4 5 6 7 8 9 10 Mies Phndpal Arterial (Noway) N /V Rixel CoIleotor • Forest FlOw ay Ur irloorporated Corr ns*E p RR 10 Zone W+ Courlty Une S mwcvaow: Wxm Page 3 of 34 - EXHIBIT "A" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "A" Figure 2 Wickiup Junction Rural Service Center Comprehensive Plan — aurpt� 0.2 0 02 0.4 0.6 0.8 1 tales N Rural Service Center Boundary Parcels W E W"Iup Junction 9/29/99 `M Comm erclal/Recidential Ofd. 99-016 S Page 4 of 34 - EXHIBIT "A" TO ORDINANCE NO. 2000-013 (08/09/00) . ,•., ._ -4�i i - — -- r— r ...^ ... ... _..r . ..... — aurpt� 0.2 0 02 0.4 0.6 0.8 1 tales N Rural Service Center Boundary Parcels W E W"Iup Junction 9/29/99 `M Comm erclal/Recidential Ofd. 99-016 S Page 4 of 34 - EXHIBIT "A" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "A" Figure 3 Wickiup Junction Rural Service Center Zoning Map 0.2 0 02 0.4 0.6 0.8 , PAIGS N AyRural SerWoe Center Boundary W E . .......: Parcels Wicmup Junction 9129199 "_:! Commerolal/Residential District • WJCRDQ(>d. 99-016 $ Page 5 of 34 - EXHIBIT "A" TO ORDINANCE NO. 2000-013 (08/09/00) H _m 2 ftp O QO 0 0 M O O O N d z w U z Q z 0 ir O 0 a _m u� 0 cc a� o, a m U O L N c 3 � a� o E c a O ,rn N _ N � � N N 10O O 21 >N L m Ca. o m a N O m rn m m 3 y c N o m �r10 C O 3 O 0 O a N E fA V1 'Z O Z O ZZZZ O O O O ZZ O 0 ZZZZZZZZZZZ 0 0 0 0 0 0 0 0 0 0 d V v0 v N N VN v v� �� vvvvv'v > O E N e d d N d m m m m m m m m m m m m m m m m m m LL H U) cL Cf) f= U) I CO Ico N c= u) cl) U) N co ct u) ct d o � c ik F- N N N N IN N I N N N N N N IN IN N N N IN > > > > > > > > > > > 41 > C�C9C�C9C9C9C9C9000 Q Q Qp— CD UQ Q o M "v N 'v N "v N "st N "v 'v "v 'v O _ O O O O N i v 0 i 0 0 N 0 N 0 N 6 66000 N i 6 N 0 N 0 N 0 dr. N N CO M M N N N N N N N N N N N N LU >r lZS ZO O OO0 00 0 0 00 0 0Loco LU co a� cn cn cn cn cn cn � cn � � cn u0o w c r N z 'a Q tiN 75 O 00000000000 1p-OOOOQ C a J J J J Q J J J J J J J J J J J J Lu ED a C9ixwww=gym m0:cc0:mmwm w0: z = 0 ILL O w U. O U N y p 2 -� `d o B U) �, coo m c`u m � Q 1N� u- m � N LM co w cco > o p cru O y E W� �_ C p` J 0 N B J J J aimwo o wV) C m C mc Y mQ t . U)m'� cln.Um u- O QO 0 0 M O O O N d z w U z Q z 0 ir O 0 a _m u� 0 cc a� o, a EXHIBIT "A" 3) Highway 97 Corridor Highway 97 is the primary transportation element of the community. Highway 97 is Central Oregon's major north -south facility for transport of people and cargo, therefore, it is important. that efficient movement through La Pine and Wickiup Junction is maintained. Aside from being the primary route for transportation through La Pine and Wickiup Junction, Highway 97 is the center of commercial development, and the primary access for local residential and industrial users. While the importance of Highway 97 cannot be underestimated, it also bisects each community creating a barrier between the east and west sides. People have a need to move throughout the communities. Currently, safe and efficient east -west movement is restricted by Highway 97. The Deschutes County Transportation System Plan (TSP) identified that in unincorporated communities, such as La Pine and Wickiup Junction, traffic calming and pedestrian safety on Highway 97 are more important than through traffic movement. Through technical review and public input conducted in the planning process, The following key Highway 97 issues have been identified: • Vehicular, bicycle, and pedestrian movement across Highway 97 is unsafe and difficult; • There is a community sense of excessive speeding on Highway 97, although speed studies have consistently shown that drivers are travelling within the accepted parameters of the posted speed; • Vehicular turning movements across oncoming traffic are difficult and unsafe; • There are odd -angled intersections in La Pine that create unsafe turning movements; Access to businesses and parking, to and from Highway 97, needs to be safe and convenient. 4) Street Design Standards The Deschutes County Transportation System Plan (TSP) includes County road design standards that are specific to La Pine and Wickiup Junction, while ODOT has design standards for Highway 97. The Deschutes County guidelines include design standards for arterial, collector, and local streets; as well as alleys and multi -use paths that are separated from roads. In recent years, Deschutes County required urban street development standards in some unincorporated communities in the rural portions of the County. The urban standards required 30-36 feet of pavement, with curb -tight sidewalks and gutters. This urban standard was generally not practical or necessary in unincorporated communities. As road esign standards were developed for rural Deschutes ounty, it became evident that these rural standards may not be adequate to serve the densities and variety of uses found in unincorporated communities. Deschutes County recognized that unincorporated communities can benefit from street standards that are between rural and urban standards. Therefore, when the County prepared the Deschutes County TSP, interim road standards were established for La Pine. These road standards were to be considered interim until the completion of the La Pine/Wickiup Junction Local Street, Bicycle and Pedestrian Plan. Existing streets in La Pine and Wickiup Junction are classified as follows: • Principal Arterial - Highway 97; • Rural Arterial - Burgess Road; • Rural Collector - Huntington Road, 1st Street, 6th Street, Reed Road, Finley Butte Road; • Rural Local - remaining streets not identified above. La Pine and Wickiup Junction road design standards, identified in this plan, generally follow the interim road design standards identified in the Deschutes County TSP. Exceptions are variations to the local street standards to allow for reduced right-of-way and pavement widths; and the addition of multi -use paths that are separated from streets. Local streets in commercial and transitional areas should have sidewalks, whereas local streets in residential areas should not have sidewalks. The exceptions to this standard include Morson Street and Foss Road, which are single-family streets that should have bicycle and pedestrian facilities due to direct connections to community activity centers, and any new or upgraded residential streets within or connecting to new subdivisions that have an average minimum lot size of 11,000 square feet or less. 5) Transportation Plan Map Figure 4 identifies the functional classification of roads within the Wickiup Junction Rural Service Center. 6) Street Maintenance The need for ongoing street maintenance includes surface maintenance, shoulder maintenance, grading gravel streets, snow removal/storage, ice control, storm drainage, roadside vegetation management, and litter control. Page 7 of 34- EXHIBIT "A" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "A" 7) Bicycle and Pedestrian System There is a greater need for bicycle and pedestrian facilities in unincorporated communities than in other parts of the rural county. Generally, people are in closer proximity to destinations, therefore, there is a greater tendency to bicycle or walk. Bicycling and walking are also the only modes of transportation between destinations for some people, such as the young, elderly, and disabled population. Results of the questionnaire and community open house marginally supported the need and desire for a safe connected bicycle/pedestrian system within and connecting La Pine and Wickiup Junction. Several comments at the public meeting identified the need to provide safe bicycle/pedestrian connections from La Pine and Wickiup Junction to the surrounding residential areas rather than just focusing on facilities within the unincorporated communities. 8) Bikeways There are three types of bikeways appropriate in rural areas: • Shoulder bikeways are paved shoulders that allow for bicycle traffic on collector and arterial streets; Shared bikeways are typically local streets with low traffic volumes that allow for bicycles to share the roadway with automobiles; Bicycle/pedestrian multi -use paths that are separated from streets. Multi -use paths are typically located along utility easements or in designated open spaces such as parallel to a drainageway. Bicycle/pedestrian paths are most often used for recreation, but also can connect activity centers and destinations. (In general, ODOT's 1995 Bicycle and Pedestrian Plan includes language that discourages the building of separated multi -use paths due to maintenance difficulties, lack of usage, and design challenges where paths need to cross streets and driveways.) For La Pine and Wickiup Junction, shoulder bikeways are appropriate on HighwaZ 97, Burgess Road, Huntington Road, 1" Street, 6 Street, Reed Road, Finley Butte Road, and Hinkle Way (when the extension is completed). Shared bikeways are appropriate on the local roads. There are opportunities for bicycle/pedestrian multi -use paths that are separated from streets and -included in the transportation recommendations. 9) Walkways Local streets in rural areas typically have low traffic volumes and therefore, are able to safely accommodate pedestrians, similar to the shared bikeway. On collector and arterial roads with higher traffic volumes it is appropriate to provide pedestrian facilities, i.e. sidewalks or paths separated from the traffic. Where not provided on collectors and arterials, paved shoulders should be wide enough to accommodate both pedestrians and bicyclists. As stated in the Deschutes County TSP, moving pedestrians across arterial roads may be more important than pedestrian travel along roads. It is important to provide safe pedestrian crossings and ensure that motorists are well aware of pedestrians crossing roads. The number of at -grade crossings needs to be considered. Pedestrian crossings where no traffic signal exists can provide a false sense of security. It is important to provide pedestrian facilities for a range of users. Within a community, pedestrian connections are needed from residential areas to schools, parks, and commercial areas. Pedestrian facilities need to connect commercial areas to and from parking. 10) Public Transportation System There is interest in increasing public transportation services between La Pine/Wickiup Junction and Bend. Currently there is a Dial -A -Ride provider that serves La Pine, and a rideshare facility located at the northwest corner of Highway 97 and Burgess Road in Wickiup Junction. There is the potential for a County -established rural transit district, which could provide fixed -route shuttle services between communities, i.e. La Pine and Bend. 11) Rail Transportation The BNSF Railroad provides significant transportation of freight through Central Oregon, including the segment through La.Pine and Wickiup Junction. Railroad conflicts with other modes of transportation need to be minimized. Currently the only remaining at -grade railroad crossing of Highway 97 in Oregon is at the south end of Wickiup Junction near Burgess Road. Critical to the success of the eventual bypass and the function of the local street network, will be the continued operation of the Page 8 of 34- EXHIBIT "A" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "A" existing at -grade railroad crossing. The County will work towards keeping this crossing open. 12) New Neighborhood Connectivity Development of the new neighborhood, between La Pine and Wickiup Junction (See "Regional Problem Solving For South Deschutes County" in this chapter of the comprehensive plan), would have significant transportation impacts. Also key to future connectivity would be keeping the existing at -grade railroad crossing at Wickiup Junction open. WICKIUP JUNCTION RURAL SERVICE CENTER POLICIES LAND USE and ZONING Wickiup Junction shall be designated as a rural service center in recognition of its function of providing goods and services to the surrounding rural residential areas and to travelers passing through on Highway 97, and also its function of providing .housing for residents within the boundaries of the area identified herein as Wickiup Junction. One zoning district limited to residential and small-scale commercial uses shall be established. The County shall encourage mixed residential and commercial uses. 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. The County shall support traffic safety improvements to Burgess Road where it connects with Highway 97. 6. 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 Wickiup Junction Rural Service Center. 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, tum refuges and means to enhance the local street network to handle local traffic and relieve congestion in the Wickiup Junction Rural Service Center. An applicant for a new use other than a use that is permitted outright must demonstrate that the affected transportation facilities are adequate to serve the proposed use, considering the functional classifications, capacity and the level of service of such facilities. 9. The County shall require curbs and sidewalks for new development in the Commercial/Residential District except on Highway 97 to the extent allowed by law. 10. If Deschutes County determines that it must expand the boundary of the Wickiup Junction Rural Service Center, it shall follow the criteria listed in OAR 660-04- 022. TRANSPORTATION I. The County shall coordinate with the Oregon Department of Transportation to: • Reduce speeds on Highway 97 through Wickiup Junction; • Provide safe vehicular turning movements across oncoming traffic in Wickiup Junction; • Explore safer and more convenient access, parking and pedestrian circulation to businesses fronting Highway 97; 2. Participate in an access management plan for Wickiup Junction. 3. Improvements to the public rights-of-way shall conform to the design standards contained in Title 18, the Deschutes County Zoning Ordinance. 4. The County shall consider improvements to the following intersections to provide for improved traffic flow, and increased vehicular, bicycle, and pedestrian safety: • Huntington Road/Burgess Road; Page 9 of 34- EXHIBIT "A" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "A" 5. Per the Deschutes County TSP, the County shall pursue the Highway 97 realignment and grade - separated railroad crossing at Wickiup Junction. 6. Where new development requires the establishment of new streets, such streets shall connect to and extend the current grid street system. 7. The County shall establish a safe, connected bicycle/pedestrian system throughout Wickiup Junction. 8. The County shall pursue a Countywide bicycle/pedestrian plan that provides connections to unincorporated communities such as Wickiup Junction. 9. The County will ensure that adequate transportation facilities are provided between Wickiup Junction and the new neighborhood as development occurs. 10. The County will pursue methods of acquiring right-of-way needed to connect Pam Way to Drafter Road. (Ord. 99-016 §2, 1999; 96-006 §2, 1996) Page 10 of 34 EXHIBIT "A" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "A" Figure 4 Wickiu p Junction Transportation Plan 0.2 0 0.2 0.4 0.6 0.8 Milos /State Highway N Arterial Collector Conceptual Highway Realignment Commercial Local W E Residential Local . • . Future Road ....... Parcels S VAcidup Junction x'ts Commerciale tesidentlal District 9129199 0 rd . 99-016 Page 11 of 34 EXHIBIT "A" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "A" La Pine Urban Unincorporated Community 1. General a. General Background 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 seasonable 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 the 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 1984, the industrial reserve areas were planned for industrial development in conjunction with the industrial park owned and operated by Deschutes County. b. 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; 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 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, Page 12 of 34- EXHIBIT "A" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "A" 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 Comprehensive Plan designation for the surrounding properties is Forest and Agriculture. The La Pine UUC is the primary service center 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. Page 13 of 34 EXHIBIT "A" TO ORDINANCE NO. 2000-013 (08/09/00) . ,A ; dun ,:tea■ __mw __ =aaa■ I mm was rriu:��aa == as a= ===Z=ffu as a i EXHIBIT "A" ' Figtme 2 Fire Pmtecdon District i 25 0 is s 7.5 10 1" is 17S wr..- � Coti� migtn'ti'�'> x c4tMaha pmMd canmcmy s =� . , _• -�n� 081. Q4L0O------ :YHIBIT"A" FKgtre 3 Surrounding Rural Area 1 I i .........� Jtrxxion '• •. o z 3 4 s e e s 10 LOW ftbAWh 1 '1161M ,ozor•K �- .we 0 .: s EXHIBIT "A" 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 WC 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: 1990:.: 74.958 1 106.671 1 117.887 1 128,868 Source: U.S. Census. 1990 Population Estimates for La Pine including La Pine Urban Unincorporated Community and Wickiup Junction Rural Service Center: 1990. 0, 2005 ;. 4,651 6,619 7,315 1 7,996 Source: Ratio projection model based on U.S. Census, 1990 information for Deschutes County F 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. Miscellaneous 2 I0 . 0 2 Commercial 107 87 20 Industrial 24 15 9 Tract* 166 124 42 Farm 1 0 1 Exempt** 104 6 98 Total Tax 404 Lots 232 172 • *Residential property or prope rty used rimaril p y for residential purposes. **Tax exempt properties, i.e., church. county or state government. Maximum # potential Approximately 1269 -based new lots on both public water and public sewer service. Approximately 306 -based on either public water or public sewer service. Existing sewer 220 connections. connections: Existing public water 22 non -community water systems: systems %%ith 146 connections, serving 1837 people. Total acres (acres) 969 acres Road distance from 25 miles from Bend UGB nearest UGB La Pine Urban Unincorporated Community B. LA PINE COMMUNITY PUBLIC FACILITY PLAN 1. Introduction The public facilities plan describes the water, sewer and transportation systems that are to support the land uses designated in the appropriate acknowledged comprehensive plan for the La Pine Urban Page 17 of 34- EXHIBIT "A" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "A" 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), the La Pine Special Sewer District Annexation Study (1991) and the La Pine/Wickiup Junction Local Street, Bicycle and Pedestrian Plan (1999). 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. 2. 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 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 INFORMATION FORM" Fm HA 1940-20. Construction of the existing system was completed in 1988. 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 Conditions 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. Page 18 of 34 EXHIBIT "A" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "A" 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. ROADS The La Pine Street System The street system is the primary element that has shaped development in La Pine. The street system consists of a north -southeast -west grid of local streets bisected by the northeast southwest oriented Highway 97. Highway 97 is clearly the main "artery" of the community. Highway 97 is the center of commercial development. Residential and industrial users flow to, from and on Highway 97 when circulating about the community. Highway 97 is the primary route used to enter and exit La Pine, and is central Oregon's major north -south transportation facility for transport of people and cargo. Street Inventory The La Pine street system currently consists of three street classifications, per the Deschutes County Transportation System Plan - Principal Arterial (State Highway 97); Rural Collectors (Huntington Road, Reed Road, Finley Butte Road, I" Street, and 6'" Street); and local streets. The following street inventory identifies existing right-of-way, surface type, travel lanes, posted speed, parking, bicycle and pedestrian facilities. The streets were inventoried through site reconnaissance and review of existing transportation -related materials. Page 19 of 34 EXHIBIT "A" TO ORDINANCE NO. 2000-013 (08/09/00) Q O O O OD OO _ M O O O N O Z W U Z Q Z 0 Ix O O Q H m X2 W c 0 N G) O N a Y a c m L c ami O L L L rn Gmi 3 c.> U v w?+ Y m U O L 7 M ` m O U N N 3 a O C N 'C W O >N > O U U RtM 3 c w 3 c CC c O 2 U3 SMp _pp '`O M O v c LA V O C m Z c a CL C %-o O . y U) a c c C � 3 3 = C. w V ._e �'iEQ' { o ami ami ` C O L a m aci n a c 3 E cti v G3i G3i E E d 0 U. V > C9 o c ,n.. v O c v lco v c Icn m o2 c a O v in . v o U m p 3 avvvM o v 0 o O o. o p o Z n In N Z Z Z Z co Nn I0 zo N Z Z Z Q1 V (D � � � N N N N � m m m m m m m m m m m m m m m LL. F` to 0 N 0 V) 1 V) im N 0 V) 0 0 N 0 Z 0 > C O a ik F- J N N N N N N N 104 N IN N N 1 N N Q Q V t N U Q U Q U Q U Q io M IM iV N< U U Q U Q U Q U Q U Q R a S I— N M O N O N v N GD N et M iso N O NM C) �p c�i CID M N to cM T- N } O 3: 0 co = co c0DIDD CID cIDD cCD w 2 co coo ii C = = O O R 3 3 3 3 3 3 0 3 3 3 3 3 3 3 0 30 w V U M J � J w J it J W _3 N U J R' J W J 0:_J M J Q' J y d' U J C O CO � O O 0)rn _ W W LU W c W o o Ix Lu w� L d~ N f O W U c0 0 3 (n C W = d w C V) G) N m C 3 C 3 = F- w O m p N _3 N 3 m I— p G) to p to N N M W qe M 2 0 0 co M 0 111 Ica 2 O c O O O OD OO _ M O O O N O Z W U Z Q Z 0 Ix O O Q H m X2 W c 0 N G) O N a ?m » o k 2 � c � k w E o § § b 6 m O © R c �t _ § LL K L / U R a k 2 ■ � � m o-0 © �a " ' LO $Q k f_ g§ Ch 0$ ■ 2 U) 2 LL I - @ t k c § � � ° 2 k 2 0� ƒ § 0 — c c N ■ c c 7 0 $ ■ k> 2 E 2 2 2 2@ 2 ■ f 2§ A 2 2 0 2 7 2 c 2 FL U�&em�k� @ W,izw o c k ■ & � k k k 2 k k 2 2 k k 2 ©& @k U. # = U) £ U)■ £ £ U) £ (1) £ U)0 £ £ (1) -a 8 % § §� IN # q� _ IN jC%J q IN q Z 75 k / / a k C14 C*4 q q q N q R .0�$ Im to ILO $ % ¢ � 2 k k B o@2 o §§§ ■f§2 @2@22■2 o a o 2 3 :3 � ■ ■ 2 � f � k � �� � f § � lu. a i W / W= EXHIBIT "A" 3. 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. 4. 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 provide 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 overhearing 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 if 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 drainfield effluent. 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. 5. 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. TRANSPORTATION As rural communities located on a major highway, La Pine and Wickiup Junction require a transportation system that will accommodate local, commuter, regional, and interstate traffic. The local transportation system needs to balance the needs of through traffic with impacts on the community's livability and rural character. Accomplishing this goal requires integrated street, bicycle and pedestrian networks, appropriate street standards, safe access to Highway 97, and safe vehicular, bicycle, and pedestrian crossing of Highway 97. Page 23 of 34 EXHIBIT "A" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "A" 1) Highway 97 Corridor Highway 97 is the primary transportation element of the community. Highway 97 is Central Oregon's major north -south facility for transport of people and cargo, therefore, it is important that efficient movement through La Pine and Wickiup Junction is maintained. Aside from being the primary route for transportation through La Pine and Wickiup Junction, Highway 97 is the center of commercial development, and the primary access for local residential and industrial users. While the importance of Highway 97 cannot be underestimated, it also bisects each community creating a barrier between the east and west sides. People have a need to move throughout the communities. Currently, safe and efficient east -west movement is restricted by Highway 97. The Deschutes County Transportation System Plan (TSP) identified that in unincorporated communities, such as La Pine and Wickiup Junction, traffic calming and pedestrian safety on Highway 97 are more important than through traffic movement. Through technical review and public input conducted in the planning process, The following key Highway 97 issues have been identified: • Vehicular, bicycle, and pedestrian movement across Highway 97 is unsafe and difficult; • There is a community sense of excessive speeding on Highway 97, although speed studies have consistently shown that drivers are travelling within the accepted parameters of the posted speed; • Vehicular turning movements across oncoming traffic are difficult and unsafe; • There are odd -angled intersections in La Pine that create unsafe turning movements; • Access to businesses and parking, to and from Highway 97, needs to be safe and convenient. 2) Street Design Standards The Deschutes County Transportation System Plan (TSP) includes County road design standards that are specific to La Pine and Wickiup Junction, while ODOT has design standards for Highway 97. The Deschutes County guidelines include design standards for arterial, collector, and local streets; as well as alleys and multi -use paths that are separated from roads. In recent years, Deschutes County required urban street development standards in some unincorporated communities in the rural portions of the County. The urban standards required 30-36 feet of pavement, with curb -tight sidewalks and gutters. This urban standard was generally not practical or necessary in unincorporated communities. As road design standards were developed for rural Deschutes County, it became evident that these rural standards may not be adequate to serve the densities and variety of uses found in unincorporated communities. Deschutes County recognized that unincorporated communities can benefit from street standards that are between rural and urban standards. Therefore, when the County prepared the Deschutes County TSP, interim road standards were established for La Pine. These road standards were to be considered interim until the completion of the La Pine/Wickiup Junction Local Street, Bicycle and Pedestrian Plan. Existing streets in La Pine and Wickiup Junction are classified as follows: • Principal Arterial - Highway 97; • Rural Arterial - Burgess Road; • Rural Collector - Huntington Road, 1st Street, 6th Street, Reed Road, Finley Butte Road; • Rural Local - remaining streets not identified above. La Pine and Wickiup Junction road design standards, identified in this plan, generally follow the interim road design standards identified in the Deschutes County TSP. Exceptions are variations to the local street standards to allow for reduced right-of-way and pavement widths; and the addition of multi -use paths that are separated from streets. Local streets in commercial and transitional areas should have sidewalks, whereas local streets in residential areas should not have sidewalks. The exceptions to this standard include Morson Street and Foss Road, which are single-family streets that should have bicycle and pedestrian facilities due to direct connections to community activity centers, and any new or upgraded residential streets within or connecting to new subdivisions that have an average minimum lot size of 11,000 square feet or less. 3) La Pine Street System The existing street system within the La Pine Urban Unincorporated Community Boundary (UUCB) generally consists of a north-south/east-west grid of local and collector streets bisected by the northeast southwest oriented Highway 97. The opportunity for new streets is primarily limited to undeveloped areas in the east and south sections of the community. Research and public input also identified some street realignment and intersection improvements that will increase safety and provide for enhanced traffic flow. These transportation 'improvements are identified below. Page 24 of 34- EXHIBIT "A" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "A" d) Transportation Plan Map Figure 7 identifies the functional classifications and locations of pedestrian facilities within the La Pine Urban Unincorporated Community. 5) Street Maintenance The need for ongoing street maintenance includes surface maintenance, shoulder maintenance, grading gravel streets, snow removal/storage, ice control, storm drainage, roadside vegetation management, and litter control. 6) Bicycle and Pedestrian System There is a greater need for bicycle and pedestrian facilities in unincorporated communities than in other parts of the rural county. Generally. people are in closer proximity to destinations, therefore, there is a greater tendency to bicycle or walk. Bicycling and walking are also the only modes of transportation between destinations for some people, such as the young, elderly, and disabled population. Results of the questionnaire and community open house marginally supported the need and desire for a safe connected bicycle/pedestrian system within and connecting La Pine and Wickiup Junction. Several comments at the public meeting identified the need to provide safe bicycle/pedestrian connections from La Pine and Wickiup Junction to the surrounding residential areas rather than iust focusing on facilities within the unincorporated communities. 7) Bikeways There are three types of bikeways appropriate in rural areas: • Shoulder bikeways are paved shoulders that allow for bicycle traffic on collector and arterial streets; • Shared bikeways are typically local streets with low traffic volumes that allow for bicycles to share the roadway with automobiles; • Bicycle/pedestrian multi -use paths that are separated from streets. Multi -use paths are typically located along utility easements or in designated open spaces such as parallel to a drainageway. Bicycle/pedestrian paths are most often used for recreation, but also can connect activity centers and destinations. (In general, ODOT's 1995 Bicycle and Pedestrian Plan includes language that discourages the building of separated multi -use paths due to maintenance difficulties, lack of usage, and design challenges where paths need to cross streets and driveways.) For La Pine and Wickiup Junction, shoulder bikeways are appropriate on HighwaX 97, Burgess Road, Huntington Road, 1" Street, 6 Street, Reed Road, Finley Butte Road, and Hinkle Way (when the extension is completed). Shared bikeways are appropriate on the local roads. There are opportunities for bicycle/pedestrian multi -use paths that are separated from streets and included in the transportation recommendations. 8) Walkways Local streets in rural areas typically have low traffic volumes and therefore, are able to safely accommodate pedestrians, similar to the shared bikeway. On collector and arterial roads with higher traffic volumes it is appropriate to provide pedestrian facilities, i.e. sidewalks or paths separated from the traffic. Where not provided on collectors and arterials, paved shoulders should be wide enough to accommodate both pedestrians and bicyclists. As stated in the Deschutes County TSP, moving pedestrians across arterial roads may be more important than pedestrian travel along roads. It is important to provide safe pedestrian crossings and ensure that motorists are well aware of pedestrians crossing roads. The number of at -grade crossings needs to be considered. Pedestrian crossings where no traffic signal exists can provide a false sense of security. It is important to provide pedestrian facilities for a range of users. Within a community, pedestrian connections are needed from residential areas to schools, parks, and commercial areas. Pedestrian facilities need to connect commercial areas to and from parking. 9) Public Transportation System There is interest in increasing public transportation services between La Pine/Wickiup Junction and Bend. Currently there is a Dial -A -Ride provider that serves La Pine, and a rideshare facility located at the northwest corner of Highway 97 and Burgess Road in Wickiup Junction. There is the potential for a County -established rural transit district, which could provide fixed -route shuttle services between communities, i.e. La Pine and Bend. Page 25 of 34- EXHIBIT "A" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "A" 10) Rail Transportation The BNSF Railroad provides significant transportation of freight through Central Oregon, including the segment through La Pine and Wickiup Junction. Railroad conflicts with other modes of transportation need to be minimized. Currently the only remaining at -grade railroad crossing of Highway 97 in Oregon is at the south end of Wickiup Junction near Burgess Road. Critical to the success of the eventual bypass and the function of the local street network, will be the continued operation of the existing at -grade railroad crossing. The County will work towards keeping this crossing open. 1 1) New Neighborhood Connectivity Development of the new neighborhood, between La Pine and Wickiup Junction (See "Regional Problem Solving For South Deschutes County" in this chapter of the comprehensive plan), would have significant transportation impacts. Also key to future connectivity would be keeping the existing at -grade railroad crossing at Wickiup Junction open. 5. 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. C. 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. Page 26 of 34- EXHIBIT "A" TO ORDINANCE NO. 2000-013 (08109/00) I Exhibit "A" Figure 5 La Pine Urban Unincorporated Community Zoning Map a.rs.. 1000 7 '000 2000 2000 000 1000 Fool x Favors PIMI/ 11foo Yowo MolaN 1•.oI awrAm ooYlrsr1 w L so Co1MMmr1 Orae • LF cc reed Plain 019rrt• LrFPO DemckutmC*w*v bear Owns • 1210 llor�ooan OYUr • 1M0 Oa11�Arjl�r>• ��''� Mu . eari�..r: V" 19. favor Fronowot Overt • 1►f i0 Page 28 of 34 - EXHIBIT "A" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "A" 1. Comprehensive Plan Policies 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 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. 2. 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. 3. 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. 4. Develop community infrastructure including sewer, water, streets, sidewalks and transportation. 5. The primary gateway into the La Pine UUC besides Highway 97 is Huntington Road. Therefore, future commercial development shall be encouraged along Huntington Road. 6: 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. 7. The County shall support transfer of Federal and State land to private ownership within the Commercial District whenever feasible. .8. Residential use in conjunction with commercial uses shall be encouraged. Land divisions for residential purposes shall not be allowed in the commercial district. Lands designated Commercial on the comprehensive plan that are not served by sewer, a municipal or community water system and abutted by roads 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 zones 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 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 -acknowledgement provisions of ORS 197.510 through 197.625. (See Figure 6 for areas identified for future commercial expansion.) INDUSTRIAL DISTRICT POLICIES In order to maximize land available for industrial uses, new uses in the Industrial District that meet the criteria for an 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. 2. 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. 3. Industrial development shall not degrade the quality of surface or groundwater. Page 29 of 34- EXHIBIT "A" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "A" 4. Siting criteria shall require adequate traffic circulation, off-street parking, and loading and service area. 5. The community shall attempt to diversify its industrial base. 6. Where the industrial district abuts a residential district, special development standards relating to setbacks, screening, signs and building height shall be established. 7. Industrial zoning shall protect industrial lands from incompatible commercial development. FLOOD PLAIN DISTRICT POLICIES I. The area within the boundaries of the Urban Unincorporated Community that is in 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 zones 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 (LOMB) 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 -acknowledgement provisions of ORS 197.510 through 197.625. 2. 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 1. When reviewing individual site plans, buildings shall be sited so as to protect significant trees wherever practicable. 2. Site plan criteria shall require landscaping for all new commercial and industrial development. TRANSPORTATION POLICIES I. The County shall coordinate with the Oregon Department of Transportation to: Provide safe vehicular, bicycle, and pedestrian movement across Highway 97 in La Pine; • Reduce speeds on Highway 97 through La Pine; • Seek funding to design and implement a four - lane section with landscaped center median between 1 st and 6th streets. • Provide safe vehicular turning movements across oncoming traffic in La Pine; • Consider intersection realignments to provide safer turning movements at odd -angled intersections in La Pine; Page 30 of 34 EXHIBIT "A" TO ORDINANCE NO. 2000-013 (08/09/00) Exhibit W Figure 6 La Pirie Urban 4149-191, Unincorporab®d Community Future EJcpansion Aram 0.25 0 Q25 Q5 075 , , 75 M*s �UrbmU*wpa Camuwemrdwy Pw Fukn EWWrnim Ares M Furse CwmwciW E w l m n A= m.o.wt .V -.ge 31 of 34 - EXHIBIT "A" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "A" • Explore safer and more convenient access, parking and pedestrian circulation to businesses fronting Highway 97; • Participate in an access management plan for La Pine; • Support the extension of the four -lane highway section north and south of La Pine to enable vehicle passing in advance of reaching the community; • Explore the potential of a future Highway 97 bypass around La Pine. 2. Improvements to the public rights-of-way shall conform to the design standards contained in Title 18, the Deschutes County Zoning Ordinance. 3. The County shall consider improvements to the following intersections to provide for improved traffic flow, and increased vehicular, bicycle, and pedestrian safety: • Huntington Road/Ist Street; 4. The County shall consider reconfiguring the 11. Planning for bicycle and pedestrian traffic shall be incorporated in new street designs. 12. 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. 13. 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. 14. Sidewalks shall be buffered from the streets with adequate landscaping, shoulders and/or on -street parking. intersection of 6th Street/Morson Street/Highway 15. Streets shall be designed to carry anticipated 97/Finley Butte Road to provide safer traffic volumes, and rights-of-way shall provide connections to the state highway, and a more enough space for an adequate planting strip and viable intersection that may ultimately become sidewalks or bikeways. signalized. 5. The County will determine specific transportation -related improvements to Huntington Road as commercial development/redevelopment occurs. 6. Where new development requires the establishment of new streets, such streets shall connect to and extend the current grid street system. 7. The County shall establish a safe, connected bicycle/pedestrian system throughout La Pine. 8. The County shall pursue a Countywide bicycle/pedestrian plan that provides connections to unincorporated communities such as La Pine. 9. The County shall explore the potential for scheduled fixed -route public transportation between La Pine/Wickiup Jct. and Bend. 10. The County will ensure that adequate transportation facilities are provided between La Pine and the new neighborhood as development occurs. 16. The County shall encourage truck traffic generated from the Industrial District to access the Highway 97 corridor via Reed Road. PUBLIC FACLITY AND SERVICE POLICIES New development should locate in areas where facilities are available or can be provided at least cost. 2. The La Pine Special Sewer District should annex all land within the UUC Boundary. 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. 4. 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 Page 32 of 34 EXHIBIT "A" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "A" public health hazards or adverse environmental impacts that violate state or federal water quality regulations. 5. 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. The County shall support the La Pine Special Sewer Board creating a water district. 7. 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. 8. The County shall encourage early planning and acquisition of sites for needed public facilities (e.g., fire stations, schools, parks, roads, etc.) 9. The County shall cooperate with agencies and citizen's groups in improving water quality and the condition of the watershed. 10. The County shall assist the community in reviewing incorporation alternatives. 11. 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 I. Conditional use permits shall be required for fill and removal activities in designated wetlands. EXPANSION POLICY 1. 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: 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. a. Areas identified for future expansion outside of the current UUC boundary are those shown in Figure 6. These areas were identified based on the following criteria: b. Private land abutting the Urban Unincorporated Community; c. Land does not contain designated wetland or floodplain; d. Sewer service could be provided to site; e. Federal Land identified for land exchange for community uses; and f. Land not requiring Highway 97 access. (Ord. 99-016 § 1, 1999; 98-003, 1998; 96-002, 1996) Page 33 of 34- EXHIBIT "A" TO ORDINANCE NO. 2000-013 (08/09/00) E . -OAR Figure 7 La Pine Transportation Plan a - Reed Rd. Firw _ ` -end OZ 0 02 OA 0A OA Mles •' Planned Sidewalks /Walkways N Existing Sidewalks Possible Traffic Signal Location N Collector .' Future Collector w E Commercial Local Residential Local (>260 ADT) S Residential Local (<260 ADT) 9/8/99 VLa Pine UUC Boundary Ord. 99-016 Parcels Page 34 of 34 - EXHIBIT "a" TO ORDINANCE NO. 2000-013 {08/09/00) EXHIBIT "B" Deschutes County Comprehensive Plan La Pine Urban Unincorporated Community 1. COMMUNITY OVERVIEW A. Planning History Several characteristics that are unique to the La Pine area have shaped the La Pine community. The pattern of public and private land ownership has scattered the population and made the creation of a cohesive community difficult. In the 1960s through 70s, before statewide planning, over 12,000 lots were platted south of Sunriver. The majority of the lots have on-site sewage disposal systems and are less than two acres in size. The area surrounding La Pine is fairly level and the groundwater aquifer, the source of domestic water, is generally shallow. Water pollution problems identified in the core area of La Pine in the 1980's resulted in the construction of a sewage treatment facility. While the water quality in the core area has since improved, the potential for more widespread water pollution problems in the rural area surrounding La Pine was recognized in the mid 1990s. In addition, deer migration corridors in the area have been seriously affected and large areas of forestland have been converted to residential development. A desire by local residents to be independent of Bend has created a demand for local commercial and public services. However, the low-density residential pattern spread over approximately 50 square miles has created serious challenges relating to public facilities and services planning, energy conservation and urbanization. Under the 1979 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 1984, the industrial reserve areas were planned for industrial development in conjunction with the industrial park owned and operated by Deschutes County. In 1996 the La Pine Rural Service Center (RSC) was designated an "urban unincorporated community" or "WC" and the Wickiup Junction RSC retained its designation as a "rural service center" under statewide planning rules for unincorporated communities. At the same time, the County began working on the "Regional Problem Solving Project for South Deschutes County," a planning project made possible through the Oregon legislature. Through the Regional Problem Solving (RPS) planning process, community stakeholders identified regional problems. The four major concerns identified by the stakeholders where 1) the potential pollution of groundwater which adversely effects the primary source of drinking water in the area; 2) the loss of wildlife habitat; 3) increased threat from wildfire; and 4) impacts to air quality from dust from unpaved roads. (See Regional Problem Solving, Chapter 8, Section 4 of the Comprehensive Plan). Groundwater flow models developed in 1996 by the Oregon Department of Environmental Quality indicated that nitrate levels in the groundwater could reach unhealthy levels in the near future if steps were not taken to limit the total number of on-site disposal systems in the area. The cost of a regional sewer system was analyzed and determined to be prohibitive. Other solutions, including a building moratorium or an increase in the minimum parcel size required for an on-site disposal system, were determined to be unacceptable options for the community. One solution that emerged from the RPS project was to create a "new neighborhood" which would be primarily residential in character and be located between La Pine and Wickiup Junction. Future growth for the South County that would otherwise occur in existing subdivision lots in the surrounding area could be redirected to the new neighborhood. The means to accomplish this change in the pattern of growth is through a transferable development credit (TDC) program that allows the owners of vacant lots to choose whether to build on their property or sell their "rights" to develop. A market will be created for these rights because of the requirement for TDCs to build in the new neighborhood, now known as the Neighborhood Planning Area in the La Pine UUC. In August 2000 the La Pine UUC boundary was expanded to include the following additional areas to implement the RPS project and meet other identified community needs: Page 1 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) Baldwin- Wickiup BLM Herndon Junction Tract 38 Oregon RSC Trust 518 66 102 Page 1 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "B" Deschutes County Comprehensive Plan At the same time, three planning areas were created in the La Pine UUC encompassing the following acreage: i,P..ltng ,•;" :��,. La Pine Wickiup Neighborhood f: +` : Junction 982 571 * 102 includes Hwy 97 & Huntington Rd. R -O -W The La Pine Planning Area encompasses the former La Pine UUC plus 13 acres of the Baldwin -Herndon Oregon Trust Property. The Neighborhood Planning Area includes all of the BLM property identified as Tract 38 and 53 acres of the Baldwin - Herndon Oregon Trust property. The Wickiup Junction Planning Area is identical to the former Wickiup Junction RSC. The La Pine UUC and the three planning areas are shown on Figure 1. The Neighborhood Planning Area will be developed with residential uses, including single-family and multi -family dwellings, a limited amount of commercial uses, a school, senior assisted living facilities and other community/civic uses, and open space and parks. The 13 acres of Baldwin-Hemdon Oregon Trust property, between Huntington and Couch Roads near the La Pine High School, was added to the La Pine Planning Area for future community uses, such as a pool, performing arts center and community education facilities. The need for these types of facilities was identified in design workshops held in 1998 as part of the Deschutes County Regional Problem Solving planning program and reaffirmed in a subsequent workshop conducted by the La Pine Community Action Team in April 2000. A new plan designation, "Community Facility", was created to include this property and the adjacent land that consists of the existing school site. This site was formerly designated as "Residential" in the La Pine Planning Area. In 1998 a sewer line was extended from La Pine to Wickiup Junction and as of August 2000 there were approximately 34 developed properties in Wickiup Junction connected to the sewer system. There are plans to extend a water system to Wickiup Junction. Therefore, the Wickiup Junction area consisting of 102 acres, was added as a third planning area in the La Pine UUC in 2000 and the designation of Wickiup Junction as rural service center was eliminated. The mixed commercial/residential comprehensive plan designation and zoning district were retained, however, in the Wickiup Junction Planning Area. The expansion of the La Pine UUC boundary in 2000 was done under the auspices of Regional Problem Solving. It was completed by taking an exception to statewide planning Goal 4 and addressing the criteria for enlarging a UUC under the administrative rule for Unincorporated Communities, OAR 660, Division 22. Page 2 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) SYMBOLS aNDNwAY // WILROAO CM LITTLE DEOCNUTes RWFR LA PINE UUC BOUNDARY ®IAPINE PLAN NINO AREA © NEDNIONN000 PLANNING AREA Cm"ICIGUP JUNCTION PLANNING AREA EXHIBIT"B" Deschutes County Comprehensive Plan Ell RD W r WICK IU P JUNCTION PLANNING AREA NEIGHBORHOOD PLANNING AREA LA PINE PLANNING AREA Figure 1 La Pine Urban Unincorporated aw"*..Cvx4 a= Community Boundary G,,,RR,,,"Dmwpww x A RDO 0 = Im0 m0 veto Ayv107,>om Page 3 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) Rroscneaw�wcooR�++c��wcon mgr" EXHIBIT "B" Deschutes County Comprehensive Plan B. 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 that 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; 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 the La Pine UUC is set forth in the section immediately following this general discussion of the La Pine Urban Unincorporated Community. As of 1996, 22 non -community public water systems and a public sewer system served the La Pine Planning Area. The La Pine Special Sewer District was established in 1980 to protect the groundwater in the La Pine rural area. The sewer district boundaries were expanded in 1996 to include the industrial area and again in 1998 to include the Wickiup Planning Area. Figure 2 shows the sewer district boundaries as of August 2000. 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. Construction of a public water system for La Pine was started in 1998. It is expected to start providing water to the La Pine Planning Area in 2001. The La Pine Water District was established in 1997 to operate and maintain the water system. Figure 3 shows the water district boundaries as of August 2000. The La Pine Rural Fire Protection District currently serves the La Pine Urban Unincorporated Community and surrounding rural area. Figure 4 shows the boundaries of the fire district. The district headquarters is located in La Pine. An additional fire station is located north of the La Pine UUC near Vandevert Road. The native vegetation in the area consists primarily of lodgepole and ponderosa pines with an understory of grasses and shrubs. Much of the native vegetation in the surrounding area remains, except that trees have been thinned in conjunction with forest product operations and residential development. The La Pine UUC is the primary service center for the surrounding rural residential development located south of La Pine State Park Road. The UUC also serves the needs of additional RR -10 development south of Sunriver and north of La Pine State Park Road. Figure 5 shows the rural area that surrounds the La Pine UUC. Page 4 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) SYMBOLS RAILROAD �iH10HWAY Q LAPINE UUC 9DUNDARY Q LITTLE DESCHUTES RIVER ®IA PINE SPECIAL SEWER DISTRICT EXHIBIT "B" Deschutes County Comprehensive Plan �WICKIUP JUNCTION PLAAll PLANNING ARE IID NEIGHBORHOOD PLANNING AREA k� LA PINE PLANNING AREA Figure 2 La Pine Special Sewer District ■ A Imo 0 Imo Imo mD FW A WIm.mm Page 5 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) aw"W lT Dewtop meak «cu artowM.00ww««cm.w�ncv� Lsw« EXHIBIT "B" Deschutes County Comprehensive Plan Page 6 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "B" Deschutes County Comprehensive Plan 0 SYMBOL8 v 0011TY90618ARY N KA&RO At Oq�MIAY LRTL! 1 w0127" AM DR QLAPOIlRIA! !4010ORIOAAT1800010151nY tO LA / ■! A! RAL 110! IAOrNOTC ■ OWrRCT Figure 4 La Pine Rural Fire Protection District it A 1 0 1 Z 7 MR. Ay 1110 am Page 7 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) SUNR RD N LA PINE UUC Dade n county aQ Ca- w K, u!!lle W"a. wcw owcsw.mewr"wca�w�r.ss� Asw.w EXHIBIT "B" Deschutes County Comprehensive Plan A0 OWN, iii , �9.��i �,•��01, y;�04��. - JUNCTION r o Popgpo -it #j PLANNING AREA VIA / LA PINEPLANNING AREA --------- ------------------ SYMBOLS / \/COUNTY 90 UNDARY ^/MAJOR ROAD RAILROAD HIOHWAY LITTLE DESCHUTES RIVER �LAPINE UUC RRIOZONE Figure 5 Rural Residential Area Surrounding La Pine UUC 1 A os o Ds u wee IIaVI@. 71m Page 8 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) DftdVAN CMA" aw"W" Dom"O"t aQ I..c�n a�.cw•manwwl.c.oe•war.ca� coww EXHIBIT "B" Deschutes County Comprehensive Plan The existing development in the La Pine Planning Area consists of a variety of uses which include: elementary school, high school, church, post office, library, community park, bank, motels, gas/service stations, medical offices and various retail stores, restaurants and other commercial businesses. There is also some residential development within the La Pine Planning Area. The La Pine Planning Area 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. As of 1996, the sewer district had the capacity to serve the Industrial District at build out. Because the Industrial District is in the sewer district it is anticipated that new industrial uses will connect to the sewer. In 1996, the boundary of the UUC was expanded from the former boundary of the La Pine Rural Service Center to include a large tract that is occupied by the La Pine Special Sewer District for the treatment and disposal of its effluent. The resource designation for this tract was changed from Forest to Agriculture to recognize the fact that the tract had been cleared of trees and that 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 in 1996 was whether a sufficient amount of land had been zoned for commercial use. The plan designations adopted as part of the 1996 UUC revision included an increase in designated commercial lands along the western boundaries of the La Pine Planning Area 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 preference for commercial expansion along Huntington Road. Also, much of the residential development to be served by the UUC is located to the north and west of the UUC and there is a need to retain areas for future residential development within the La Pine core area. The existing development in the Wickiup Junction Planning Area consists of a variety of commercial businesses including automotive services, restaurants, a bowling alley, motels and a gas station/convenience market. Two fratemal organizations are also located in the Wickiup Junction Planning Area. Some residential development also exists and recent land use actions and development within the Wickiup Junction Planning Area have converted existing buildings to new uses. A large truck stop for commercial haulers and other travelers on Highway 97 opened in 2000. U.S. Highway 97 runs along the majority of the western boundary of the Wickiup Junction Planning Area. Burgess Road intersects Highway 97 along the southern boundary of the planning area. Both of these roads are two lanes and paved. Highway 97 is designated as a Primary Highway by Deschutes County while Burgess Road is classified as a Collector. Local streets provide internal access to the planning area. The Burlington Northern & Santa Fe Railroad railway runs parallel to Highway 97 west of the planning area boundary. There is an at - grade railway crossing of Highway 97 near the Burgess Road/Highway 97 intersection. The Long Prairie Slough and its floodplain form the western boundary of the La Pine Planning Area. The floodplain area is used for agricultural purposes. The Division of State Lands completed a detailed wetland inventory in January 1996. The study found that there were no other wetlands located inside the La Pine Planning Area. 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 Rural Residential (10 acre minimum lot size), Forest Use 1, Forest Use 2 and Exclusive Farm Use (EFU — La Pine Sub -zone). Land to the east is federal land managed by the Bureau of Land Management. Land zoned Rural Residential lies to the north and west of the La Pine UUC. The comprehensive plan designation for the surrounding properties is Forest, Agriculture and Residential. C. Comprehensive Plan Designations and Zoning In 2000, the La Pine Urban Unincorporated Community was expanded to include three planning areas: 1. La Pine Planning Area (formerly the La Pine UUC plus a 13 -acre expansion). Page 9 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "B" Deschutes County Comprehensive Plan 2. Wickiup Junction Planning Area (formerly the Wickiup Junction Rural Service Center). 3. Neighborhood Planning Area (formerly designated as forest resource land) The La Pine Planning Area is divided into six comprehensive plan designations: Residential, Commercial, Industrial, Community Facility, Park/Open Space and Agriculture (see Figure 6). This planning area includes seven zoning districts: Residential, Commercial, Industrial, Sewer Facility, Community Facility, Community Facility Limited and Flood Plain (see Figure 7). In addition, a portion of the residential district is identified with a commercial overlay on the zoning map. A policy is included in the plan for the eventual rezoning of this overlay area from residential to commercial. The commercial overlay area was mapped in 1996 and applies to certain properties identified for future commercial expansion. These areas were identified in 1996 when the La Pine RSC became a UUC under the administrative rules for unincorporated communities. A Community Facility plan designation was created in 2000 to include the lands north of 1" Street already developed with schools and the 13 -acre portion of the Baldwin -Herndon Oregon Trust property planned for other community facilities. The former area is in the Community Facility Limited zone district whereas the 13 -acre portion of the Baldwin-Hemdon Oregon Trust has been zoned Community Facility. The Wickiup Junction Planning Area contains one plan designation and one zoning district: Commercial/Residential (see Figure 8). No changes were made to the boundary, plan policies or zone standards when this area became part of the La Pine UUC in 2000, except for the elimination of the policy that referred to expanding the sewer district boundary to serve this area and the placement of transportation policies into the overall La Pine UUC section. The Neighborhood Planning Area contains four plan designations-- Residential, Community Facility, Commercial and Park/Open Space (see Figure 9), and six zoning districts-- Residential General, Residential Center, Community Facility, Community Facility Limited, Commercial and Park/Open Space (see Figure 10). Plan policies and zoning standards were adopted in August 2000 to ensure that the Neighborhood Planning Area develops in accordance with the overall neighborhood plan and design documents produced for the Regional Problem Solving Project. Detailed comprehensive plan and zoning maps were also adopted to help guide future planning and development in this planning area. The boundaries of the plan designations and zoning area districts in the Neighborhood Planning Area may be adjusted during future refinements of the master plan for the entire planning area or when specific areas are addressed with refinement plans during the subdivision plat process. The boundary of the Neighborhood Center District zone areas has been shown in dashed lines to indicate that this area in particular needs to be adjusted to an appropriate size during the refinement process. The plan policies and zoning standards adopted in August 2000 are also intended to ensure that residential development in the Neighborhood Planning Area will include mixed housing types, provide affordable housing opportunities and require participation in a Transferable Development Credit Program. It is expected that the refinement plan process and more detailed planning and lot platting for the first phases of development in the planning area will result in additional specificity in the zoning standards. The zoning ordinance adopted in August 2000 indicates that setbacks, lot dimensions, block lengths, design guidelines and other parameters will be formulated during the refinement process for the entire planning area. Plan policies are included to reflect these anticipated changes in plan and zone boundaries and zoning standards. Page 10 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "B" Deschutes County Comprehensive Plan 13 Figure 8 Wickiup Junction Planning Area Comprehensive Plan Designation & Zoning District SYMBOLS WwAubn Cmmty �. 6MlROAD 6N c NwAr Gt = r.«.. o«,r+unMtr DaeLeplMeRe TAXLOTG A 1 R!NlMGM! f LAM ARG lJ^■ „` �`� �•7.�,.^^""��""""""�"'"" 0 COMM"ICIALINEGID[MTML ~�•��'..,...w. �� ZD MIND AN EA TM7 Htl TO O •.rte+.�..•�+.•.�+••�+� e3CONNERCIALIRKIDE TIAL wMvl GL am "M a MCMJW Imw P=4933"w AW W 9 LGAM Page 13 of 40 - EXHIBIT "B" TO ORDINANCE NO.2000-013 (08/09/00) EXHIBIT "B" Deschutes County Comprehensive Plan Page 14 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09100) R; SYMBOLS ��//OO UNTO R RO A0 OWN 7►O r wAY �NNgR00R0000 1061OR10 MR WN OVARY RAILROAD LITTLE 0ESCHUTES RIVER 0 TAXLOTS ZONING DISTRICTS 0 COMMUNITY FACILITY ('COMMUNITY FACILITY LIMITED LQfLiQi�J� COMMERCIAL RESIDENTIAL CENTER RESIDENTIAL 0 ENERAL PARK I OPEN SPACE EXHIBIT "B" Deschutes County Comprehensive Plan Figure 10 Neighborhood Planning Area Zoning Districts U., Yf N 0 W we ��0 0R7 1QL Iffl w�Im.>om Page 15 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) DdfCKIOE� ae�a,ILY iXt�. _ OurRMfltF peyeNpReae . wiN.af.caw"wmowywwcmfwa,wcfr f LDM EXHIBIT "B" Deschutes County Comprehensive Plan D. Land Use Inventory The inventory information listed below is from the Deschutes County Assessor's Office data and the land use projections for the Neighborhood Planning Area compiled by the County GIS Service Center in July 2000 and is based on design work completed for Regional Problem Solving. The Neighborhood Planning Area acreages are guidelines for future development in this planning area that may be revised during the refinement plan process as previously discussed above. 1) La Pine Planning Area: Commercial RNI33 Approximately 1269 - based 88 45 Residential 223 129 94 Industrial 48 15 33 Community Facility I 0 1 Community Facility Limited I 1 0 Flood Plain 1 0 I Sewer Facility 1 1 0 Totals 408 234 174 -Kcsioennat property or property used primarily For residential purposes. • •Tax exempt properties, i.e., church, County or state government. 2) Wickiup Junction Planning Area: .; .Assessors Pr.operyCass .1J. Approximately 1269 - based Developed . Tax -Lots. on both public water and Maximum # public sewer service. Potential new lots Approximately 306 - based Tract* on either public water or 17 public sewer service. Existing sewer connections: 181 connections. 3 22 non -community water Existing public water systems with 146 systems: connections, serving 1837 Totals People. Total area 982 acres Road distance to nearest UGB 25 miles -Bend UGB 2) Wickiup Junction Planning Area: .; .Assessors Pr.operyCass .1J. Tax Lou Developed . Tax -Lots. 'V acant . ..•, T, tots Commercial 40 25 15 Tract* 30 17 13 Exempt•• 1 27 1 3 24 Miscellaneous 2 0 2 Totals 99 45 54 t' 'Zoning Tax Developed Vt�cattt , tsl et Lots Tax Lots, * V , Commercial/ with one connection 14 servicing 100 people Residential 99 41 58 wuum pwpcny VI plupcllr ubcu primarily for residential purposes. Tax exempt properties, i.e., church, County or state government. Maximum # —OPAW, potential new lots 92 Existing sewer connections 34 Existing public One non -community system water system with one connection 14 servicing 100 people Total area 102 acres Road distance to Commercial nearest UGB 22 miles — Bend UGB 3) Neighborhood Planning Area: t ._+, —OPAW, Single-family 318 61% Multi -family 29 5.6% Senior housing 14 3% School 13 2.5% Commercial 2 0.4% Senior/Civic/- Medical facility 10 2% Open Space/ Parks 58 11% Collector Right-of-way 55 10.6% Community20 Facility Limited 3.8% Totals 519 *99.9% A— — nvt cyum aw'/e uuc w ruunumg. Page 16 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "B" Deschutes County Comprehensive Plan Zoning Acres Total ..Developed Vacant Districts connections Lots Lots Lots Residential required Total area 519 acres Road distance to General *325 1110 0 All Residential Center *28 280 0 All Community Facility 31 150 0 Ali Community Facility Limited 20 3 **1 2 Commercial 2 1 0 1 Park/Open Space S8 n/a n/a Na Collector r -o -w n/a n/a n/a 55 Totals 519 1800 • nc u es local right-of-way "Park & Ride ® Burgess/Hwy97 Intersection Maximum # residential lots 1800, including senior housing Existing sewer None; sewer line passes 113,231 through district — connection connections will be required Existing public None; — connection will be water system required Total area 519 acres Road distance to 23 miles — Bend UGB nearest UGB E. Population Information Since 1989, Deschutes County has been the fastest growing County in the state on a percentage basis. The estimated population in 2000 for La Pine and the surrounding rural area is over 10,000 year-round residents (and a summer population upwards of 16,000). This would make this area the second largest city in Oregon east of the Cascades, exceeded only by Bend. The La Pine area is currently experiencing rapid growth similar to the remainder of Deschutes County. The following population estimates for Deschutes County were made after the 1990 census: SOY Population 1 74,958 1 106,671 1 117,887 1 128.868 Source: U.S. Census, 1990 Population estimates in 1990 for the La Pine UUC were as follows: ., 08r,. ' .1990;' ;?2000r'%2005;v^^:+�`c r � Population 1 4,651 1 6,619 1 7.315 1 7,996 Source: Ratio projection model based on U.S. Census, In 1998, Deschutes County adopted a coordinated population forecast with the cities of Bend, Redmond and Sisters in accordance with ORS 195.036. This forecast relied on information from Portland State University and the Oregon Office of Economic Analysis. The adopted forecast includes the following population estimates for Deschutes County and the incorporated cities. 2000 1 2005 1 2010 I 2020 113,231 132,239 151,431 182.353 sttm J From 1995 through 1999, building permits, vacant lot sales and real estate sales of improved lots increased. Growth in the La Pine UUC and surrounding rural area was similar to growth experienced in the remainder of Deschutes County for this time period. This trend is expected to continue. II. LA PINE COMMUNITY PUBLIC FACILITY PLAN A. Introduction The public facilities plan describes the water, sewer and transportation systems that are needed to support the land uses designated in the planning areas in the La Pine Urban Unincorporated Community. The facilities plan includes: 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 build out within the community area boundary, including references to policies at the end of this chapter applicable to the future needs for facilities; and 3) Coordination agreements with the special districts that operate and maintain facilities consistent with ORS Chapter 195. Page 17 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "B" Deschutes County Comprehensive Plan This Community Facility plan is based extensively upon the La Pine Facilities Plan for the La Pine Special Sewer District (June 1985), the La Pine Special Sewer District Annexation Study (1991) and the La PinelWickiup Junction Local Street, Bicycle and Pedestrian Plan (1999). 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. A Water and Wastewater Feasibility Study for: New Neighborhood and Cagle Subdivision (April 1999) determined that there is capacity in the water and wastewater systems to serve the initial phases of development in the Neighborhood Planning Area. The report analyzed the overall system needs and determined the timing of improvements to the water and wastewater systems that would be needed during the development of subsequent phases in the Neighborhood Planning Area. The County contracted with a consultant to prepare a more detailed Capital Facilities Plan in 2000 for the water and wastewater systems as a result of the addition of the Neighborhood and Wickiup Junction Planning Areas to the UUC. This revision will update the capacity of these systems, evaluate/compare existing and new technological alternatives to provide capacity at build out, develop improvement plans, develop a methodology for computing rates, hook up fees and potential systems development charges (SDCs), and analyze financing options for constructing, operating and maintaining improvements. A plan policy was adopted in 2000 that requires the capital facilities plan be completed before building permits are issued or the tracts of land are sold in the Neighborhood Planning Area. B. Inventory of Existing System Facilities 1. Sewer The La Pine Special Sewer District was formed 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. As a result of expansion in 2000 the La Pine UUC consists of approximately 1,655 acres. 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 La Pine and Wickiup Junction Planning Areas. District boundaries are shown on Figure 2. The District anticipates expanding its boundary to encompass the Neighborhood Planning Area. A plan policy in this chapter states that the La Pine Special Sewer District should annex all land in the UUC. 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 Information Form " FmHA 1940-20. Construction of the existing system was completed in 1988. As of March 1996, the system was operating at approximately 40% of capacity. With the addition of the Wickiup Junction Planning Area and additional development that has occurred in the La Pine Planning Area since then, the system is estimated to be operating at approximately 75% of capacity as of August 2000. The treatment system for the Sewer District could be described as underutilized because groundwater is being appropriated and pumped to the lagoons to supplement incoming effluent. This is being done so there is adequate water for irrigation of an annual hay crop. 2. Water As of 1996, La Pine was 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 Schools are all served by public water systems within the La Pine Planning Area. A community water system is being engineered as of 2000. A test well constructed in 1998 on property east of La Pine resulted in a reliable source of potable water. Construction of a transmission line is anticipated in 2001. Additional storage tanks and one or two additional production wells will be needed in the future to meet the build out demands in the La Page 18 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "B" Deschutes County Comprehensive Plan Pine UUC. A comprehensive plan policy requiring a Capital Facilities Plan will ensure that the watgr system will be enlarged to meet future needs. An additional policy in this chapter states that the water district should expand to include all land within the UUC boundary. 3. Roads a. The La Pine Planning Area Street System i.) The Organizing Framework of La Pine - Highway 97 The street system is the primary element that has shaped development in the La Pine Planning Area. The street system consists of a north-south/east-west grid of local streets bisected by the northeast southwest oriented Highway 97. Highway 97 is clearly the main "artery" of the community. Highway 97 is the center of commercial development. Residential and industrial users flow to, from and on Highway 97 when circulating about the community. Highway 97 is the primary route used to enter and exit La Pine, and is central Oregon's major north -south transportation facility for transport of people and cargo. ii.) Street Inventory The La Pine Planning Area street system currently consists of three street classifications, per the Deschutes County Transportation System Plan - Principal Arterial (State Highway 97); Rural Collectors (Huntington Road, Reed Road, Finley Butte Road, I" Street, and 6t' Street); and local streets. Table 1 identifies existing right-of-way, surface type, travel lanes, posted speed, parking, bicycle and pedestrian facilities. The streets were inventoried through site reconnaissance and review of existing transportation -related materials. b. The Wickiup Junction Planning Area Street System U.S. Highway 97 runs along the majority of the western boundary of the District. Burgess Road intersects Highway 97 along the southern boundary of the District. Both of these roads are two lanes and paved. Highway 97 is designated as a Primary Highway by Deschutes County while Burgess Road is classified as a Collector. Local streets provide internal access to Wickiup Junction. The Great Northern Railroad runs parallel to Highway 97 west of the District boundary. Wickiup Junction is within the La Pine Fire Protection District. i.) The Organizing Framework of Wickiup Junction - Highway 97 & the BNSF Railroad Highway 97 and the Burlington Northern & Santa Fe Railroad are the dominant physical elements of Wickiup Junction. The highway and railroad are adjacent and parallel to one another in a primarily north -south orientation. Development of the district has primarily occurred along Highway 97's east frontage and the Highway 97/Burgess Road intersection at the south end of the district. ii.) Street Inventory The Wickiup Junction street system currently consists of three street classifications, per the Deschutes County Transportation System Plan - Principal Arterial (State Highway 97), Rural Arterial (Burgess Road) and local streets. East of Highway 97, the street system consists of a frontage road and Drafter Road that parallel the highway. Rosland Road is an east -west oriented road that connects Highway 97 with the south end of Drafter Road. Drafter Road connects to Highway 97 at the north end of the district. MOT owns a 300 -foot wide unimproved right-of-way that extends along the entire eastern edge of the community. Burgess Road is an east -west oriented road that extends west from its intersection with Highway 97. Burgess Road is the southern boundary of the planning area. Several north -south oriented streets extend north off Burgess Road. Table 2 identifies existing right-of-way, surface type, travel lanes, posted speeds, parking, bicycle and pedestrian facilities. The streets were inventoried through site reconnaissance and review of existing transportation -related documents. c. The Neighborhood Planning Area The Neighborhood Planning Area is bounded by Huntington Road to the west, Burgess Road to the south and Highway 97 to the east. Traffic analyses completed by consultants and County staff have been completed for this planning area as part of the Regional Problem Solving Project. As of 2000 there were no internal roads serving this planning area. Page 19 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) \iJ c in 0 Q 0 M_ O 0 0 N O z w U z Q z 0 or O m F_ m X_ W 0 v 0 0 N d c 0 a CO A $ • ..O C N� N� 'fl C u.. 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F i N s N W N C N t N s N .0 H0 t � ir4 CCQ N it F N N .. N N N N N u u u N N N N IN IN M 0 0 c M M C• oc��uu��as 1:4 j w11JW-1W-1 P bzu a to N g c0c> O O T O co O ch 0 N 0 z LU U Z Q Z s cr O 0 m M x w 0 0 N N d a. EXHIBIT "B" Deschutes County Comprehensive Plan Table 2 WICKIUP JUNCTION PLANNING AREA - EXISTING STREET INVENTORY Street Road Classification Right of Way Pavement Width/ Type # of Travel Lanes Bicycle Facility Type Side- Walks Features/ Conditions HIGHWAY 97 Principal Arterial 40' AC 2 Shoulder No Two 12' travel lanes w/ 8' paved shoulders, no center median STREETS EAST OF HIGHWAY 97 Hwy 97 Frontage Rd. Rural Local 50' 20' AC 2 Shared No Rosland Road Rural Local 60' 20'AC 2 Shared No Pam Way Rural Local 60' 30' Dirt 2 Shared No Drafter Road Rural Local 60' 30' Gravel 2 Shared No STREETS WEST OF HIGHWAY 97 Burgess Road Rural Arterial 80' 32' AC. 2 Shared No Two 13' travel lanes w/ 3' paved shoulders "Old" Burgess Rural Local 50' 24-30' AC 2 Shared No 1 block street, was Burgess prior to realign- ment with Hwy. 97 Railroad Street Rural Local 50' 20-24' Gray. 2 Shared No Skidgel Road Rural Local 50' 20-24' Gray. 2 Shared No Section from new Burgess to old Burgess is paved at 28'+. Antler Lane Rural Local 50' 20-24' Gray. 2 Shared No Doe Lane Rural Local 50' 20-24' Gray. 2 Shared No Pine Drive Rural Local 50' 20-24' Gray. 2 Shared No Cagle Road Rural Local 50' 20-24' Gray. 2 Shared No Murray Drive Rural Local 50' 20-24' Gray. 2 Shared No Santa Barbara Drive Rural Local 50' 20-24' Gray. 2 Shared No Elm Lane Rural Local 50' 20-24' Gray. 2 Shared No Oak Lane lRural Local 50' 20-24' Gray. 2 Shared jNo Ash Lane Rural Local 50' 20-24' Gray. 12 Shared INo Page 23 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "B" Deschutes County Comprehensive Plan C. Facility and Service Assessment — Build out Needs 1) Sewer and Water With regard to groundwater quality and the protection of regional groundwater, there are important reasons for improvements in the existing services provide to the La Pine area: 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 groundwater 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 overhearing 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 waste streams 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 UUC include an annexation project for the La Pine Special Sewer District to service the Neighborhood Planning Area and annexation of the Neighborhood and Wickiup Junction Planning Areas into the La Pine Water District boundary. As mentioned above, the capital facilities plan to be completed in 2000 will analyze in detail the capacity of the water and wastewater systems and alternative methods to improve these systems to meet the needs of the community at build out. Rate structures, financing and the methodology for collecting system development charges (Sacs) will be part of this study. A plan policy has been adopted that requires this plan to be completed before the County can sell tracts of land or issue building permits for development in the Neighborhood Planning area. In 1995 development of a municipal water system was determined to be necessary to provide long- term assurance to the community that there will be an abundant supply of quality drinking water. The La Pine Water District was formed in 1997. The District acquired a private well in 1999 with assistance from the County. Detailed engineering work should be completed in 2000 and pipeline construction is anticipated to occur in 2001. The capital facilities plan to be completed in 2000 will determine future expansion needs to meet the water needs of the entire UUC at build out. 2) Transportation As a rural community located on a major highway, the La Pine UUC requires a transportation system that will accommodate local, commuter, regional, and interstate traffic. The local transportation system needs to balance the needs of through traffic with impacts on the community's livability and rural character. Accomplishing this goal requires integrated street, bicycle and pedestrian networks, appropriate street standards, safe access to Highway 97, and safe vehicular, bicycle, and pedestrian crossing of Highway 97. a. Highway 97 Corridor Highway 97 is the primary transportation element of the community. Highway 97 is Central Oregon's major north -south facility for transport of people and cargo, therefore, it is important that efficient movement through the La Pine and Wickiup Junction Planning Areas is maintained. Aside from being the primary route for transportation through these planning areas, Highway 97 is the center of commercial development, and the primary access for local residential and industrial users. While the importance of Highway 97 cannot be underestimated, it also bisects each community creating a barrier between the east and west sides. People have a need to move throughout the communities. Currently, Highway 97 restricts safe and efficient east -west movement. The Deschutes County Transportation System Plan (TSP) identified that in unincorporated communities such as the La Pine UUC, traffic calming and pedestrian safety on Highway 97 are more important than through traffic movement. Page 24 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "B" Deschutes County Comprehensive Plan Through technical review and public input conducted in the TSP planning process, the following key Highway 97 issues have been identified: • Vehicular, bicycle, and pedestrian movement across Highway 97 is unsafe and difficult; • There is a community sense of excessive speeding on Highway 97, although speed studies have consistently shown that drivers are traveling within the accepted parameters of the posted speed; • Vehicular turning movements across oncoming traffic are difficult and unsafe; • There are odd -angled intersections in the La Pine Planning Area that create unsafe turning movements; • Access to businesses and parking, to and from Highway 97, needs to be safe and convenient. b. Street Design Standards The TSP includes County road design standards that are specific to the La Pine and Wickiup Junction Planning Areas, while ODOT has design standards for Highway 97. The Deschutes County guidelines include design standards for arterial, collector, and local streets, as well as alleys and multi -use paths that are separated from roads. In recent years, Deschutes County required urban street development standards in some unincorporated communities in the rural portions of the County. The urban standards required 30-36 feet of pavement, with curb -tight sidewalks and gutters. This urban standard was generally not practical or necessary in unincorporated communities. As road design standards were developed for rural Deschutes County, it became evident that these rural standards may not be adequate to serve the densities and variety of uses found in unincorporated communities. Instead, unincorporated communities can benefit from street standards that are between rural and urban standards. Therefore, when the County prepared the TSP, interim road standards were established for the La Pine Planning Area. These road standards were to be considered interim until the completion of the La Pine/Wickiup Junction Local Street, Bicycle and Pedestrian Plan. Existing streets in the La Pine and Wickiup Junction Planning Areas are classified as follows: • Principal Arterial - Highway 97; • Rural Arterial - Burgess Road; • Rural Collector - Huntington Road, I" Street, 6a' Street, Reed Road, Finley Butte Road; • Rural Local - remaining streets not identified above. The road design standards identified in this plan for the La Pine and Wickiup Junction Planning Areas generally follow the interim road design standards identified in the TSP. Exceptions are variations to the local street standards to allow for reduced right- of-way and pavement widths and the addition of multi -use paths that are separated from streets. Local streets in commercial and transitional areas should have sidewalks, whereas local streets in residential areas should not have sidewalks. The exceptions to this standard include Morson Street and Foss Road, which are single-family streets that should have bicycle and pedestrian facilities due to direct connections to community activity centers, and any new or upgraded residential streets within or connecting to new subdivisions that have an average minimum lot size of 11,000 square feet or less. Figures 11 and 12 identify the functional classifications of roads and locations of existing and proposed pedestrian facilities within the La Pine Planning Area. Figure 13 identifies the functional road classifications within the Wickiup Junction Planning Area. The Neighborhood Planning Area Street System will include a north -south collector road connecting Bluewood Place to the south in the La Pine Planning Area and Burgess Road to the north, a collector road along the eastern edge of the neighborhood area, and a series of parallel east -west collector roads. Figure 14 shows the conceptual transportation plan for the Neighborhood Planning Area, including collector roads and multi -use paths. Page 25 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "B" Deschutes County Comprehensive Plan Five collector roads will provide access from Huntington Road into the neighborhood and two will provide access from Burgess Road. An additional collector road will be internal to the planning area. Three of the collectors off Huntington Road will be adjacent to large open space strips that provide buffers between the four phases of development envisioned in the neighborhood. Except for the eastern edge road, the collector roads will not provide direct driveway access to residential lots. Parking in designated pullout areas will be provided along the collectors for access to open space, parks and residential lots. A network of local roads and alleys will provide driveway/garage access internally to the residential lots. Shallow swales alongside the roads will provide for drainage. A network of multi -use paths will be developed parallel to many of the collector roads and in the open space buffer areas along Huntington Road and the eastern edge collector parallel to Highway 97. The precise layout of these roads and multi -use paths will occur during the refinement plan process for the overall master plan and during the subdivision plat process as each specific area develops. Road sections, with varying pavement and right-of-way widths, are described and portrayed graphically in The La Pine New Neighborhood Code — A Tool for Building New Neighborhoods, completed in 1999 as a result of the New Neighborhood design charrette. Plan policies were adopted in August 2000 to ensure that this document, the plan and zone maps, and the land use projections completed in 2000 will serve as the framework to guide the design and layout of the road and path network in the Neighborhood Planning Area. c. La Pine Planning Area Street System The existing street system within the La Pine Planning Area generally consists of a north- south/east-west grid of local and collector streets bisected by the northeast/southwest oriented Highway 97. The opportunity for new streets is primarily limited to undeveloped areas in the east and south sections of the community. Research and public input also identified some street realignment and intersection improvements that will increase safety and provide for enhanced traffic flow. These transportation improvements are identified below. d. Street Maintenance The need for ongoing street maintenance includes surface maintenance, shoulder maintenance, grading gravel streets, snow removal/storage, ice control, storm drainage, roadside vegetation management, and litter control. e. Bicycle and Pedestrian System There is a greater need for bicycle and pedestrian facilities in unincorporated communities than in other parts of the rural County. Generally, people are in closer proximity to destinations, therefore. there is a greater tendency to bicycle or walk. Bicycling and walking are also the only modes of transportation between destinations for some people, such as the young, elderly, and disabled population. Results of a questionnaire and comments received at community meetings during the preparation of the TSP indicate marginal support for a safely connected bicycle/pedestrian system within and between the La Pine and Wickiup Junction Planning Areas. However, the need was identified to provide safe bicycle/pedestrian connections from the La Pine and Wickiup Junction Planning Areas to the surrounding residential areas rather than just focusing on facilities within the planning areas themselves. f. Bikeways There are three types of bikeways appropriate in rural areas: Shoulder bikeways are paved shoulders that allow for bicycle traffic on collector and arterial streets; Shared bikeways are typically local streets with low traffic volumes that allow for bicycles to share the roadway with automobiles; Bicycle/pedestrian are multi -use paths that are separated from streets. Multi -use paths are typically located along utility easements or in designated open spaces such as parallel to a drainage way. Bicycle/pedestrian paths are most often used for recreation, but also can connect activity centers and destinations. (in general, ODOT's 1995 Bicycle and Pedestrian Plan includes language that discourages the Page 26 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "B" Deschutes County Comprehensive Plan building of separated multi -use paths due to maintenance difficulties, lack of usage, and design challenges where paths need to cross streets and driveways.) For the La Pine and Wickiup Junction Planning Areas, shoulder bikeways are appropriate on Highway 97, Burgess Road, Huntington Road, I" Street, 6's Street, Reed Road, Finley Butte Road, and Hinkle Way (when the extension is completed). Shared bikeways are appropriate on the local roads. There are opportunities for bicycle/pedestrian multi- use paths that are separated from streets and included in the transportation recommendations. The multi -use paths in the Neighborhood Planning Area alongside collector roads and in the open space buffers along Huntington Road and the eastern edge road parallel to Highway 97 will provide for shared bicycle/pedestrian use that is separated from the streets. g. Walkways Local streets in rural areas typically have low traffic volumes and therefore, are able to safely accommodate pedestrians, similar to the shared bikeway. On collector and arterial roads with higher traffic volumes it is appropriate to provide pedestrian facilities, i.e. sidewalks or paths separated from the traffic. Where not provided on collectors and arterials, paved shoulders should be wide enough to accommodate both pedestrians and bicyclists. As stated in the Deschutes County TSP, moving pedestrians across arterial roads may be more important than pedestrian travel along roads. It is important to provide safe pedestrian crossings and ensure that motorists are well aware of pedestrians crossing roads. The number of at -grade crossings needs to be considered. Pedestrian crossings where no traffic signal exists can provide a false sense of security. It is important to provide pedestrian facilities for a range of users. Within a community, pedestrian connections are needed from residential areas to schools, parks, and commercial areas. Pedestrian facilities need to connect commercial areas to and from parking. Page 27 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) SYMBOLS �NGNYIA( RAILROAD ►OCOII L[ TRA►►N% OG NAL LOCATIO N ^VNCOLL&.T•)R CODNlRCLAL LOCAL PECCENTIAI LOCAL .±• :SO ADT) ►lOGlNT01 LOCAL (-:SO Aon b] Lmle D[:J:NVTeO Rf1cR 4TA)- LOTO „ LA PNE►LANNM APEA►OUND.ARr EXHIBIT "B" Deschutes County Comprehensive Plan MidbLt4b4br�m• Figure 11 La Pine Planning Area Transportation Plan Road Functional Class R A W. Is 0 1: ♦ t111. 11.0 dw Aw.e I w. aoao Page 28 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) Dnchubn CAunty OrrIMNY"NLr DaveMplRnt EXHIBIT "B" Deschutes County Comprehensive Plan SYMBOLS 49 ►•) COLl TPA►►F: SIGNAL LOCATMiN • ►LANNe0 0W EN ALF !WALMfiA r Ex -TIN0 01091, IL1. � LRTI! 0E0tNUTEf. RNlR T� t In T^ A ►NI! PLANNING APEA IGUNOA►1 / / I I / Figure 12 La Pine Planning Area Transportation Plan Bicycle and Pedestrian Facilities °r"""`'°�"°�"`"` A N1.107. ow Page 29 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "B" Deschutes County Comprehensive Plan Page 30 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "B" Deschutes County Comprehensive Plan Page 31 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "B" Deschutes County Comprehensive Plan h. Public Transportation System There is interest in increasing public transportation services between La Pine/Wickiup Junction and Bend. Currently there is a Dial -A -Ride provider that serves La Pine, and a rideshare facility located at the northwest comer of Highway 97 and Burgess Road in Wickiup Junction. There is the potential for a County -established rural transit district, which could provide fixed -route shuttle services between communities, i.e. La Pine and Bend. i. Rail Transportation The Burlington Northern & Santa Fe Railroad provides significant transportation of freight through Central Oregon, including the segment through La Pine and Wickiup Junction. Railroad conflicts with other modes of transportation need to be minimized. Currently the only remaining at -grade railroad crossing of Highway 97 in Oregon is at the south end of the Wickiup Junction Planning Area near Burgess Road. Critical to the success of the eventual bypass and the function of the local street network, will be the continued operation of the existing at -grade railroad crossing. The County will work towards keeping this crossing open as a local road connecting the Neighborhood and Wickiup Planning Areas after the separated grade and highway relocation improvements are completed. D. 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. E. Memorandum of Understandings As part of Regional Problem Solving the County entered into a separate Memorandum of Understanding (MOU) in 2000 with the La Pine Water District and the La Pine Special Sewer District. The MOUS state that the County and the districts recognize that the collaborative work done under Regional Problem Solving will continue so that water and wastewater systems will be expanded in an efficient manner to serve the entire La Pine UUC at build out. A similar MOU recognizes that the County and the Bend -La Pine School District will cooperate on the planning of a new school site that is in compliance with the District's facilities plan. An additional MOU between the County and the La Pine Rural Fire Protection District establishes that fire suppression and prevention will be addressed in a cooperative fashion in the planning and design of the Neighborhood Planning Area. III. LA PINE URBAN UNINCORPORATED COMMUNITY PLAN POLICIES A. General 1. The La Pine UUC shall contain the following planning areas: La Pine, Neighborhood and Wickiup Junction. 2. 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: 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. Page 32 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "B" Deschutes County Comprehensive Plan 4. When reviewing individual site plans, buildings shall be sited so as to protect significant trees wherever practicable. 5. Site plan criteria shall require landscaping for all new commercial and industrial development. 6. Conditional use permits shall be required for fill and removal activities in designated wetlands. 7. The County shall assist the community in reviewing incorporation alternatives. B. Transportation 1. The County shall coordinate with the Oregon Department of Transportation to: • Provide safe vehicular, bicycle, and pedestrian movement across Highway 97 in La Pine; • Reduce speeds on Highway 97 through La Pine; • leek funding to design and implement a four - lane section with landscaped center median between 1 stand 6th streets. • Provide safe vehicular turning movements across oncoming traffic in La Pine; • Consider intersection realignments to provide safer turning movements at odd -angled intersections in La Pine; • Explore safer and more convenient access, parking and pedestrian circulation to businesses fronting Highway 97; • Participate in an access management plan for La Pine; • Support the extension of the four -lane highway section north and south of La Pine to enable vehicle passing in advance of reaching the community; • Explore the potential of a future Highway 97 bypass around La Pine. 2. Improvements to the public rights-of-way shall conform to the design standards contained in Title 18, the Deschutes County Zoning Ordinance. 3. The County shall consider improvements to the following intersections to provide for improved traffic flow, and increased vehicular, bicycle, and pedestrian safety: • Huntington Road/Ist Street; 4. The County shall consider reconfiguring the intersection of 6th Street/Morson Street/Highway 97/17inley Butte Road to provide safer connections to the state highway, and a more viable intersection that may ultimately become signalized. 5. The County will determine specific transportation -related improvements to Huntington Road as commercial development/redevelopment occurs. 6. Where new development requires the establishment of new streets, such streets shall connect to and extend the current grid street system. 7. The County shall establish a safe, connected bicycle/pedestrian system throughout La Pine. 8. The County shall pursue a countywide bicycle/pedestrian plan that provides connections to the La Pine UUC. 9. The County shall explore the potential for scheduled fixed -route public transportation between La Pine/Wickiup Jct. and Bend. 10. The County will ensure that adequate transportation facilities are provided between the La Pine and the. Neighborhood Planning Areas as development occurs. Before phase one of the Neighborhood Planning Area is completed and prior to the start of phase two a traffic signal should be installed at the intersection of 1st Street and Highway 97. The County shall contribute a proportional share of the cost, based on the number of trips generated and distribution of trips to this intersection. 11. Planning for bicycle and pedestrian traffic shall be incorporated in new street designs. 12. 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. 13. 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. Page 33 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "B" Deschutes County Comprehensive Plan 14. Sidewalks shall be buffered from the streets with adequate landscaping, shoulders and/or on - street parking. 15. 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. 16. The County shall encourage truck traffic generated from the Industrial District to access the Highway 97 corridor via Reed Road. 17. The County shall explore development of a Systems Development Charge (SDC) program for transportation facilities within the La Pine UUC. C. Public Facility and Services 1. New development should locate in areas where facilities are available or can be provided at least cost. 2. The La Pine Special Sewer District should annex all land within the UUC boundary. 3. The County shall support the development, re- development and expansion of a single domestic water system maintained and operated by the La Pine Water District so that cumulative development will not result in public health hazards or adverse environmental impacts that violate state or federal water quality regulations. The La Pine Water District should annex all land within the UUC boundary. 4. Consistent with Goal 11, the County shall support the development, re -development and expansion of the La Pine Special Sewer District's 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. 5. 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. 6. The County shall encourage early planning and acquisition of sites for needed public facilities (e.g., fire stations, schools, parks, roads, etc.). 7. The County shall cooperate with agencies and citizen's groups in improving water quality and the condition of the watershed. 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 designated 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. IV. THE LA PINE PLANNING AREA A. General The La Pine Planning Area shall contain the following plan designations: Residential, Commercial, Industrial, Park/Open Space, Agriculture and Community Facility. The following zone districts shall exist in the La Pine Planning Area: Residential, Commercial, Community Facility, Community .Facility Limited, Flood Plain, Industrial and Sewer Treatment. A commercial overlay area shall be applied on the zoning map to that portion of the residential district designated as commercial on the comprehensive plan. B. Residential District 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. 2. Areas designated residential on the comprehensive plan shall be zoned residential district on the zoning map. 3. New subdivisions, cluster developments, and manufactured home parks shall be connected to a Department of Environmental Quality permitted community or municipal sewer system. Page 34 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "B" Deschutes County Comprehensive Plan C. Commercial District The Commercial District shall be developed 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. The Commercial District shall be developed 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 the Klamath County line that is zoned Rural Residential, Forest and Exclusive Farm Use. See Figure 3. 3. Buildin;s in the Commercial District shall be limited to thirty feet in height to retain the rural character of the area and preserve views of the mountains, unless an exception is allowed under zoning regulations. 4. Community infrastructure, including sewer, water, streets, sidewalks and other transportation improvements identified in the Deschutes County Transportation System Plan shall be developed. 5. Future commercial development shall be encouraged along Huntington Road. 6. Future public uses should be located near the junction of Huntington Road and 1st Street, close to where existing public uses including school, County, office, public, park and fire stations have already been developed. 7. The County shall support transfer of federal and state land to private ownership within the Commercial District whenever feasible. 8. Residential use in conjunction with commercial uses shall be encouraged. Land divisions for residential purposes shall not be allowed in the commercial district. 9. Lands designated Commercial on the comprehensive plan that are not served by sewer, a municipal or community water system and abutted by roads constructed to County standards shall be given Residential zoning and be identified as Commercial Overlay on the zoning map. Notwithstanding and in place of the criteria set forth in DCC 18.136.030 regarding quasi-judicial zones 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 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 - acknowledgement provisions of ORS 197.510 through 197.625. (See Figure 5 for areas identified for future commercial expansion.) D. Community Facility Limited District 1. Land located west of Coach Road and north of I" Street shall be used for schools and their associated uses. E. Community Facility District. 1. Land located between Huntington and Coach Roads shall be used for community and public uses identified in the design workshop conducted by LCAT in April 2000, or for other community/civic uses identified in a future public process. These uses include a senior center, performing arts center, community health center, community college education facilities and a swimming pool. F. Industrial District I. In order to maximize land available for industrial uses, new uses in the Industrial District that meet the criteria for an 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. 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. Industrial development shall not degrade the quality of surface or groundwater. 4. Siting criteria shall require adequate traffic circulation, off-street parking, and loading and service area. Page 35 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "B" Deschutes County Comprehensive Plan 5. The community shall attempt to diversify its industrial base. 6. Where the Industrial District abuts a residential district, special development standards relating to setbacks, screening, signs and building height shall be established. Industrial zoning shall protect industrial lands from incompatible commercial development. G. Flood Plain District The area within the boundaries of the La Pine UUC that is within the flood plain 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 District." Note ithstanding and in place of the criteria set forth in DCC 18.136.030 regarding quasi- judicial zones changes, the owner of such property may apply for and shall receive a zone change to Commercial 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 -acknowledgement provisions of ORS 197.510 through 197.625. 2. The County shall request that FEMA conduct a detailed flood elevation survey for the floodplain adjacent to the La Pine UUC. H. Agriculture District The tract of land to the north of the core area that is used by the La Pine Special Sewer District for disposal and treatment of effluent shall be designated as Agriculture on the plan map and be zoned Sewer Treatment District, for sewer treatment and disposal. The uses allowed in the zoning district shall be limited to those that are consistent with Goal 3. V. THE WICKIUP JUNCTION PLANNING AREA A. General The Wickiup Junction Planning Area shall contain one plan designation, Commercial/Residential and one zone district shall be established, Commercial/Residential, for residential and small-scale commercial uses. 2. The County shall encourage mixed residential and commercial uses. B. Transportation 1. The County shall support traffic safety improvements to Burgess Road where it connects with Highway 97. 2. 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 Wickiup Junction Planning Area. 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 in the Wickiup Junction Planning Area. 4. An applicant for a new use other than a use that is permitted outright must demonstrate that the affected transportation facilities are adequate to serve the proposed use, considering the functional classifications, capacity and the level of service of such facilities. 5. The County shall require curbs and sidewalks for new development in the Commercial/Residential District, except on Highway 97, to the extent allowed by law. 6. The County shall coordinate with the Oregon Department of Transportation to: a. Reduce speeds on Highway 97 through the Wickiup Junction Planning Area; Page 36 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "B" Deschutes County Comprehensive Plan b. Provide safe vehicular turning movements across oncoming traffic in the Wickiup Junction Planning Area; c. Explore safer and more convenient access, parking and pedestrian circulation to businesses fronting Highway 97; and d. Participate in an access management plan for the Wickiup Junction Planning Area. 7. Improvements to the public rights-of-way shall conform to the applicable design standards in the Deschutes County Zoning Ordinance, Title 18 of the County Code. 8. The County shall consider improvements to the following intersection to provide for improved traffic flow, and increased vehicular, bicycle, and pedestrian safety: • Huntington Road/Burgess Road; 9. Per the Deschutes County TSP, the County shall pursue the Highway 97 realignment and grade -separated railroad crossing in the Wickiup Junction Planning Area. The northern phase of the Neighborhood Planning Area should not be constructed before the bypass is constructed or the capacity to the Burgess Road/ Highway 97 intersection is increased by some other method or ODOT and the County determine at that time that it is acceptable to proceed. 10. Where new development requires the establishment of new streets, such streets shall connect to and extend the current grid street system. 11. The County shall establish a safe, connected bicycle/pedestrian system throughout Wickiup Junction. 12. The County shall ensure that adequate transportation facilities are provided between the Wickiup Junction and Neighborhood Planning Areas as development occurs. 13. The County shall pursue methods of acquiring right-of-way needed to connect Pam Way to Drafter Road. VI. THE NEIGHBORHOOD PLANNING AREA A. General The Neighborhood Planning Area shall contain the following plan designations-- Residential, , Community Facility, Open Space/Park and Commercial -- and the following zone districts: Residential General, Residential Center, Residential Edge, , Open Space/Park, , Community Facility, Community Facility Limited and Commercial. 2. A Refinement Plan shall be prepared for the Neighborhood Planning Area to guide overall development towards meeting the land use and residential density guidelines set forth in the tollowing three tables: :::• Percen Q ; ' nsit st9fal. Single- 208 40% 1326 6.4 family Multi -family 29 5.6% 324 11.2 Senior 7 1.3% 75 10.7 housing Baldwin- Hemdon 7 1.3% 75 10.7 Sr. Housing subtotal 251 48.2% 1800 7.2 School 13 2.5% n/a n/a Commercial 1 0.2% n/a n/a Senior/Civic Medical/ 10 1.9% n/a n/a facilities Community 8 1.5% n/a n/a facility Open pace/ 48 9.2% n/a n/a Parks Collector 72 13.9% n/a n/a right-of-way Local right- 116 22.4% n/a n/a of -way Totals 519 •99.8% N/A N/A 'Total does not equal 100% due to rounding. 7,000 sq. ft. lots 813 105 7.7 10,000 sq. ft. lots 362 65 5.6 15,000 sq. ft. lots 151 38 4 Totals 1,326 208 6.4 •Iknsity in units per acre Page 37 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "B" Deschutes County Comprehensive Plan Zoning Districts Acus Total Deve oped Cots ` : " Gots . Vacant Lots Residential General $323 1110 0 All Residential Center •28 280 0 All Community Facility 31 150 0 All Community Facility Limited 20 3 **1 2 Commercial 2 1 0 1 Park/Open Space 60 n/a n/a n/a Collector r -o -w 55 n/a n/a n/a Totals 519 1800 + r 'includes local right-of-way "Park & Ride ® Burgess/Hwy97 Intersection 3. The Neighborhood Planning Area refinement plan shall be completed prior to the platting of any lots or issuance of any building permits and shall include, but not be limited to the following elements at a minimum: a) Zoning areas for permitted land uses with specific standards for minimum and maximum lot areas and dimensions, building setbacks, building orientation, maximum lot coverage, building height, accessory uses and structures; b) Internal road patterns that include local roads and alleys that provide driveway access to residential lots and collector roads that provide limited access to housing units other than single-family dwellings and commercial uses and do not provide direct access to residential lots, with the exception of the collector along the eastern edge of the planning area; c) A pedestrian and recreational trail plan; d) An open space management plan for common areas; e) Specific design requirements for structures and landscaping, and use limitations for outside storage; f) Include manufactured home park and manufactured home subdivision as a use permitted in the plan area; g) Include a full range of housing types and provide for developing and maintaining housing that is affordable for people in the community and that accommodates people with special needs; and h) Ensure that the plan and zone complies with the provisions of OAR 660-022 for urban unincorporated communities. 4. After completion of the overall Neighborhood Planning Area refinement plan, each area subsequently proposed for development shall be reviewed, prior to platting any additional lots, to ensure that it is developed in conformance with the refinement plan and meets the community's socioeconomic housing needs, recognizing that market-based decisions may affect the timing and density of specific patterns of development. 5. The New Neighborhood Master Plan and Road Standards designs by Lennertz, Coyle & Associates (1999) and the New Neighborhood Sample Land Use Projection by Deschutes County (2000) shall be used as the conceptual design and land use development guidelines during the refinement plan process. The La Pine New Neighborhood Code, A Tool for Building New Neighborhoods by Lennertz, Coyle & Associates (1999) shall be used as the conceptual framework for specific zoning standards. The La Pine Strategic Plan by LCAT (June 2000) and the results from La Pine Community Design Charrette facilitated by the Rocky Mountain Institute in April 2000 are additional resources that should be used during the refinement plan process. 6. The County shall, to the maximum extent allowed by law, reinvest net proceeds from the development or sale of real property in the Neighborhood Planning Area into future improvements such as: roads, parks and open space development and maintenance, public buildings, and on-site and off-site water and wastewater facility improvements or expansion in the La Pine UUC, that will service the Neighborhood Planning Area, the La Pine UUC or the Regional Problem Solving study area. Page 38 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "B" Deschutes County Comprehensive Plan Before issuing any building permits or selling any tracts of land in the Neighborhood Planning Area, the TDC program will recognize the Neighborhood Planning Area as the "receiving area" for transfer of development credits and will indicate the number of credits required for an individual to obtain a building permit or the number of credits required for a developer to purchase a tract of land in the Neighborhood Planning Area. TDCs shall not be required for designated senior housing units in the Community Facility District. 8. Before selling tracts of land or issuing building permits in the Neighborhood Planning Area, the County shall work with the La Pine Water District and the La Pine Special Sewer District to complete a capital facilities plan for community water and wastewater systems to: a) evaluate existing technology and new alternatives to provide capacity for growth at build out in the La Pine UUC; b) establish and implement a methodology for hook up fees or systems development charges (Sacs) for water and wastewater services; and c) seek funding opportunities for needed improvements and expansion to the water and wastewater facilities. 9. The Neighborhood Planning Area shall be developed to meet the Quality Development Objectives established by Executive Order 97- 22 to: a) Give priority to the quality mix development that addresses the economic and community goals of the community and region. b) Encourage mixed use, energy efficient development designed to encourage walking, biking and opportunities for multi -modal transit use. c) Develop facilities that are compatible with the community's ability to provide adequate public facilities and services. d) Provide facilities that are compatible with the community and regional environmental concerns and available natural resource (e.g. available water, air quality and protection of wildlife corridors). e) Support development that provides for a balance of jobs and affordable housing within the community to reduce the need to commute long distances between home and work, thereby minimizing personal commuting cost as well as the public and societal cost of expanding transportation infrastructure. 10. A minimum 200 -foot wide buffer, for open - space, trails, passive recreation, visual and noise screening (earthen berm and/or vegetation) shall be provided along Highway 97. 11. A minimum 75 -foot wide buffer, for open - space, trails, passive recreation and visual screcnin- (vegetation) shall be provided along Huntington and Burgess Roads. 12. An open space buffer at least 50 feet wide shall be provided between the school site and existing residential lots along Huntington Road at the northwest corner of the Neighborhood Planning Area. 13. All new development in the Neighborhood Planning Area shall be connected to the La Pine Water District water system and the La Pine Special Sewer District sewage treatment facility. Fire hydrants shall be provided. 14. Industrial uses shall not be allowed. 15. Commercial development shall be limited to small-scale, low impact uses as defined in OAR 660-022. The zoning ordinance shall restrict commercial development to uses that are intended to primarily serve the Neighborhood Planning Area and shall limit the building size to less than 4,000 square feet for commercial uses. 16. Hotels and motels shall not be allowed. 17. Residential uses may include home occupations with restrictions as set forth by zoning standards. 18. Manufactured homes shall be allowed as single- family dwelling units, subject to zoning regulations. Page 39 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "B" Deschutes County Comprehensive Plan 19. Travel trailer parks shall not be allowed uses. for natural resource protection and recreational facility 20. The keeping of livestock shall be limited to uses development development het design in the Neighborhood Planning approved through site plan review in areas Area: designated as Community Facility. 21. The County shall coordinate with the owners of the Baldwin -Herndon Oregon Trust property to complete a lot line adjustment that will extend the northern boundary of the Trust property to the centerline of the open space between the first and second segments of planned development in the Neighborhood Planning Area. The Trust, or future owner of the Trust property, shall be responsible for developing a minimum of 75 senior housing units within the Community Facility District. 22. The Baldwin -Herndon Oregon Trust property owner shall exchange to the County approximately 10 acres in the southeast quadrant in the Neighborhood Planning Area. This area shall be zoned Community Facility and be used for an assisted living facility and other community uses. The County shall make the land it acquires in this area available for future development of such uses at a cost that reflects the pro rata share of land purchase and infrastructure development. 23. The County shall coordinate with the Bend La Pine School District to dedicate land in the Community Facility Limited District that is suitable for a school site at a cost that reflects the pro rata share of land purchase and infrastructure development. 24. The County shall coordinate with the La Pine Rural Fire Protection District and the Oregon Department of Forestry to create defensible space to diminish the possibility of wildfire in and around the Neighborhood Planning Area and assist in developing design guidelines that reduce the risk of fire to structures and open space. 25. The County shall coordinate with the Oregon Department of Housing and Community Services to provide affordable housing opportunities in the Neighborhood Planning Area. 26.. The County shall coordinate with the Oregon Department of Fish and Wildlife, the Oregon Department of Parks and Recreation and the La Pine Recreation District for technical assistance 27. The County shall coordinate with the Oregon Department of Economic and Community Development in securing funding for public facilities in the Neighborhood Planning Area. 28. The County shall coordinate with the Oregon Department of Transportation to implement mutually agreed upon road improvement projects related to the development of the Neighborhood Planning Area. The County shall determine the pro rata share of the Neighborhood Planning Area for Burgess Road/Highway 97 separated grade improvements prior to developing phase two of the Neighborhood Planning Area. Page 40 of 40 - EXHIBIT "B" TO ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" Deschutes County Regional Problem Solving Findings for Expansion of the La Pine Unincorporated Community Boundary August 2, 2000 Page 1 of 37 - EXHIBIT "C" TO ORDINANCE NO. 2000-13 (08/09/00) EXHIBIT "C" Table of Contents I. Request...........................................................................................................................3.. II. Regional Problem Solving Background...........................................................................3 A. Project History .........................................................................................................3.. B. New Neighborhood..................................................................................................f C. Baldwin -Herndon Oregon Trust Land . .......................................................................7. D. Transferable Development Credits...........................................................................8 E. Public Participation ...................................................................................................8. III. Findings: ORS 197.656 - Regional Problem Solving Statute......................................9 IV. Findings: ORS 197.732 - Goal 2, Part 2 Exceptions..................................................11 V. Findings: OAR 660-022- Unincorporated Communities..............................................16 A. OAR 660- 022- 0030 Planning and Zoning of Unincorporated Communities .......... 16 B. OAR 660- 022- 0040 Urban Unincorporated Communities....................................22 VI. Findings: Expansion of an Urban Growth Boundary ..................................................30 A. OAR 660-15..........................................................................................................3.1 B. OAR 660-04-0010- 1(c)(B).....................................................................................34 VII. Conclusion..............................................................................................35 VIII. Exhibits...................................................................................................36 Page 2 of 37 - EXHIBIT "C" To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" Deschutes County Regional Problem Solving Expansion of the La Pine Unincorporated Community Boundary I. Request Deschutes County is proposing an amendment to the Deschutes County Comprehensive Plan to take an exception to Statewide Planning Goal 4 for a 518 -acre piece of Bureau of Land Management (BLM) land (Township 22S, Range 10E, Tax Lot 100, also identified by the BLM as Tract 38) and 66.4 acres of land owned by the Baldwin Herndon Trust (Township 22S, Range 10E, Tax Lot 106). The Goal 4 exception is required in order to include the land in the boundary of the La Pine Urban Unincorporated Community (UUC). The proposed boundary expansion of the La Pine UUC will also include the area already designated as the Wickiup Junction Unincorporated Community. A map of the proposed expansion of the La Pine Urban Unincorporated Community is attached as Exhibit "A". The purpose of the exception to Goal 4 and the La Pine UUC boundary expansion is to implement the solutions of the Deschutes County Regional Problem Solving Project. Il. Regional Problem Solving Background A. Project History In the 1960's and early 1970's, before statewide planning occurred in Oregon, over 13,000 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, air quality, wetlands, mule deer migration and the risks to human life and property from wildfires have increased significantly over time. In 1996 Deschutes County was selected as one of the four Regional Problem Solving (RPS) Projects to be funded under the provision of ORS 197.656. The RPS Project area encompasses approximately 30 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. Page 3 of 37 - EXHIBIT "C" To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" Exhibit "B" shows the RPS study area. Phase I of the Project (1996-97) coordinated local, state and federal agencies, special districts, organizations and individuals in meetings and workshops that clarified the problems in the study area from Sunriver south to the La Pine community in Deschutes County and alternatives for resolving them. Exhibit "C" lists the official stakeholders who actively participated in Regional Problem Solving. Issues included: • Legal lots where high water tables and declining groundwater quality limit or prohibit development; • Sewage disposal systems; • Extreme wildfire hazards; • Conflicting priorities and coordination efforts among agencies; • Protection of wildlife, wetlands, and riparian areas in platted and developing areas; • Lack of planning and development of public facilities. The development of thousands of small lots in the RPS Project area is 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 groundwater aquifer that underlies this region. The presence of a high level of nitrates is of great concern because this same aquifer 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. The findings of the DEQ study are attached as Exhibit "D". Due to the existing pattern and density of development, DEQ predicts 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 (EPA). Page 4 of 37 - EXHIBIT "C To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" 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. As required by the Regional Problem Solving statute, the public, stakeholders, Planning Commission and County Commissioners considered numerous options to achieve solutions to the identified problems. The options considered for each problem are outlined in Exhibit "R", Appendix B, The Final Report for the Oregon Department of Land Conservation and Development Commission. To address the most significant problem of potential pollution to the groundwater, the county, through Regional Problem Solving grant funding, conducted an extensive cost benefit analysis of alternative means of protecting the groundwater (KCM, August 1997). In addition, Portland State University prepared a document that compared the consequences of two possible scenarios: a restricted growth scenario and a build -out scenario (La Pine North: Two Futures, January 1998). The county also prepared comparison of community sewer versus on-site septic systems. All of these studies are on file at the county. All of these reports were used in public involvement to evaluate the alternatives and arrive at the chosen solutions. In Phase II of the Project (1997-99), the county and stakeholders initiated steps to resolve problems in the study area and develop a means of implementation for the future. The RPS Project provided multiple opportunities for the..public to comment on alternative solutions to the identified problems. On December 30, 1998, after public hearings before the Planning Commission and the Board of County Commissioners, the county adopted Ordinance 98- 085 (Exhibit "E"), which amended the Deschutes County Comprehensive Plan to include the following goals and policies related to Regional Problem Solving. GOALS: 1. To preserve water and air quality, reduce wildfire hazards and protect wildlife habitat. Z 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 Wickirtp Junction, that provides services efficiently, sustains economic development and reduces adverse impacts to groundwater quality in south Deschutes County. S. 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 Page 5 of 37 - EXHIBIT "C' To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" b. Develop, review and implement land use policies and development standards that 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, zoning codes and governance issues 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 Wlcklup 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. B. New Neighborhood On January 27, 1998, Regional Problem Solving stakeholders reached consensus on ways to solve some of the problems in the La Pine study area. A new neighborhood as a receiving area for transferable development credits was one of the options proposed. On March 23, 1998, the Deschutes County Board of Commissioners directed the county Planning Division to pursue those solutions. Public forums in May 1998 confirmed public support for a new neighborhood as part of the solution to the problems in the region. Creating a new neighborhood could be a way to relieve development pressure on existing lots throughout the area by transferring development credits to the new neighborhood. The new neighborhood would provide a "receiving area" for transferable development credits from the areas where groundwater quality is threatened by on-site septic systems. The credits would be used to obtain building permits in the new neighborhood where sewer and water services can be provided efficiently. Exhibit "S" presents a summary report of the work done under the Regional Problem Solving Grant to identify the feasibility of a transferable development credit system as a tool to reduce impact from on-site septic systems to the groundwater quality. This report includes slides from a presentation that was made at several public meetings. Through the RPS Project, the county and the public identified the BLM property between Wickiup Junction and La Pine and Highway 97 and Huntington Road as a good site for the proposed new neighborhood. This site was selected because it is adjacent to existing unincorporated communities and has a sewer line already running though the property. Page 6 of 37 - EXHIBIT "C' To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" The BLM has also identified it as a property suitable for trade or sale. In late October 1998, the county sponsored a workshop to discuss the opportunities and potential problems with creating a new neighborhood. The 40 participants identified community needs such as a senior center, assisted living facility, parks and rodeo ground. In November, a three-day workshop was held to consider and revise some alternative conceptual designs. Over 80 people participated in the workshop. The participants in the workshop actively helped develop a preliminary plan that responded to their ideas and issues. The plan contains extensive open space and buffers between the Highway and Huntington Road and an existing residential area. The design of the "new neighborhood" is primarily residential in character with sewer, water and a road network of paved streets and access roads without curbs. A setback of 200 feet from Highway 97 has been incorporated into the eastern boundary of the design. A senior center and assisted living facility are included in the southern part of the property adjacent to the community of La Pine. The new neighborhood is the receiving site for development rights relocated from the rural areas in the RPS study area. In order to be a receiving area it must be incorporated into the La Pine Urban Unincorporated Community (UUC) boundary. Because the land is currently planned and zoned for forest uses an exception to Statewide Planning Goal 4 is required. In November 1998, Congress approved the Oregon Public Land and Transfer Act of 1998 to allow the county to purchase the 518 -acre BLM property (Tract 38). The BLM environmental assessment was completed in August 1999 (Exhibit "F"). A fair market appraisal of the BLM property was completed in September 1999. On April 10, 2000, the Deschutes County Board of County Commissioners adopted a resolution to purchase the 518 -acre BLM land (Exhibit "G"). After the BLM completes an amendment to the Brothers -La Pine Resource Management Plan, the BLM property will be available for sale. The Deschutes County Board of Commissioners and the BLM have adopted a Memorandum of Understanding, which determines and defines the responsibilities of the county and the BLM with regard to the proposed sale of those federal lands identified through the Regional Problem Solving Project. C. Baldwin -Herndon Oregon Trust Land In addition to the BLM property, the proposed boundary expansion includes an approximately 66.4 -acre property owned by the Baldwin Herndon Trust, herein after referred to as the Trust land. The Trust land is identified on the Deschutes County assessor's maps as Township 22S Range 10E Tax lot 106. This property is zoned F1 by Deschutes County. The Trust tax lot is split by Huntington Road. The approximately 53 acres east of Huntington Road are between the current La Pine UUC boundary and the BLM land planned for the new neighborhood. This portion of the Trust land is included in the plans and design for the new neighborhood and is needed as part of the receiving area for the transferred development credits and some community uses. The approximately 13 acres west of Huntington Road are between Huntington Road and the current La Pine High School property. This western section of the Trust land is being proposed for inclusion in the UUC boundary because it is needed for identified community and public purposes. These community and public uses, including a senior center, performing arts center, community health center, swimming pool, Page 7 of 37 - EXHIBIT "C" To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" rodeo/fairgrounds, community college center and other uses were identified throughout the Regional Problem Solving public involvement process. However, it was not until the La Pine Community Action Team, through preparation of a strategic plan and a community charrette held in April 2000, identified the 13 -acre piece of the Baldwin Herndon Trust land as the most suitable location for some of these public uses. C. 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 which would be required to obtain a building permit in the new neighborhood. The transferable development credit program, as proposed under Regional Problem Solving, would result in no net increase in the number of future dwellings in the region. The number of dwelling credits to be transferred will equal the number of new homes permitted in the new neighborhood. Exhibit "S" Summary of Phase II Work on a Transferable Development Credit System by Clarion Associates, provides more detailed information about the feasibility and mechanics of a transferable development credit program in Deschutes County. E. Public Participation The RPS Project has involved all aspects of the community including property owners, interest groups, public agencies and government representatives at the local, state and federal levels. Over 30 stakeholder meetings and 5 public forums were held. The extent of the public involvement is documented on page 4 of Exhibit "R", the Final Report To The Land Conservation and Development Commission. Six 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. In addition, the RPS program conducted a mailed public survey to every resident of the study area (12,000 surveys). According to these surveys, the top three priorities for the residents of south Deschutes County are to retain open space to maintain the rural character of the area, to restrict 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. Page 8 of 37 - EXHIBIT "C" To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" To ensure that public involvement was as great as possible throughout the RPS Project, six newsletters were sent to all residents in the RPS Project area and participants in the Regional Problem Solving Project. The newsletters contained informational articles about the Regional Problem Solving Project and notices of public meetings and hearings held through out the duration of the project. In addition to general public involvement, the project included representatives from numerous state and federal agencies as official stakeholders (see Exhibit "C"). This official stakeholder participation was critical to the success of the project. The stakeholders met over 30 times during the life of the project. They worked to refine the definition of the problems and established goals to reach the solutions. The goals were adopted as an amendment to the County Comprehensive Plan in December 1998. Most of the state and federal agencies participating in the project cooperated in signing a memorandum of understanding with the county regarding further mutual cooperation in implementing Regional Problem Solving Project solutions. These memoranda of understanding are attached as Exhibit "H". III. Findings: ORS 197.656 - Regional Problem Solving Statute 197.656 Commission may acknowledge regional plans not in compliance with rules: participation by state agencies; commission review of implementing regulations and plan amendments; use of resource lands. (1) Upon invitation by the local governments in a region, the Land Conservation and Development Commission and other state agencies may participate with the local governments in a collaborative regional problem - solving process. FINDINGS: In 1996 Deschutes County began a collaborative regional problem solving (RPS) process that is described above in Section II, Regional Problem Solving Background. The county met the requirements of ORS 197.656 in conducting the collaborative problem solving process. The Final Report for the Oregon Department of Land Conservation and Development Commission, July 1999 (Exhibit "R") documents the compliance of the project with ORS 197.656(2)(a)(b)(A-F). Specifically the county established regional goals, considered optional solutions to achieve the goals, established indicators of performance toward achievement of the goals, developed a system of incentives and disincentives to encourage successful implementation of the techniques chosen by the participants and has established a system for monitoring progress. One of the solutions to identified problems was to expand the boundary of the La Pine Unincorporated Community to include an area that would be the receiving area for transferred development from the surrounding rural exception areas where the groundwater was threatened by high density of on-site septic systems. The area to be included in the boundary is designated forestland as defined in the statewide planning goals. The proposed use of a new neighborhood within the La Pine UUC is not a use authorized under Statewide Planning Goal 4, Forest Lands. Therefore the county was required under the RPS statute to follow the process outlined in Section (6) of the Regional Problem Solving statute. Page 9 of 37 - EXHIBIT "C' To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" (6) If, in order to resolve regional land use problems, the participants in a collaborative regional problem -solving process decide to devote agricultural land or forestland, as defined in the statewide planning goals, to uses not authorized by those goals, the participants shall choose land that is not part of the region's commercial agricultural or forestland base, or take an exception to those goals pursuant to ORS 197.732. To identify land that is not part of the region's commercial agricultural or forestland base, the participants shall consider the recommendation of a committee of persons appointed by the affected county, with expertise in appropriate fields, including but not limited to farmers, ranchers, foresters and soils scientists and representatives of the State Department of Agriculture, the State Department of Forestry and the Department of Land Conservation and Development. FINDINGS: The participants in the collaborative RPS process decided to include 518 acres of BLM land and approximately 53 acres of Baldwin -Herndon Oregon Trust Land in the La Pine UUC to resolve some of the regional land use problems identified in the RPS Project. The BLM land and the Trust land are planned and zoned under Goal 4 as forestland. On April 1, 1999, Deschutes County convened a Forest Resource Committee to determine if the land selected through the RPS process as the receiving area for transferred development, was part of the forestland base. The committee members included: • Steve Castillo, forester, Bureau of Land Management • Phil Cruz, forester, Deschutes National Forest • Stephen Fitzgerald, forester, Oregon State University Extension Service • Stu Otto, forester, Oregon Department of Forestry • Scott Russell, private timber operator • Ted Young, forester, Crown Pacific Corporation • Craig Ziegler, forester, Natural Resources Conservation service The committee members reviewed forest site class information based on their personal knowledge of the site and the region and determined that although the site is a lodgepole pine site of relatively low value, it is typical of other lodgepole pine sites in the region and is therefore part of the commercial forestland base. The report containing their findings is attached as Exhibit "I". The Bureau of Land Management Environmental Assessment, Exhibit "F", also contains detailed findings of the forestland productivity of the site. Because the site for the expansion of the La Pine UUC is forest land as defined by statewide planning goals, under this section of the RPS statute, the county is required to take an exception to Goal 4, Forest Lands, under ORS 197.732. The Forest Resource Committee did not consider the Baldwin Herndon Trust land west of Huntington Road when they evaluated the BLM land. Although the Regional Problem Solving Project public involvement process identified a need for a number of community uses, this property had not been identified as a specific location until the community charrette in April 2000. Nevertheless, this 13 -acre property has the same productivity and forestland characteristics as the BLM land that the Forest Resource Committee evaluated. Therefore, this land is also included under the findings in this document for the expansion of the La Pine unincorporated community. Page 10 of 37 - EXHIBIT "C" To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" IV. Findings: ORS 197.732 - Goal 2, Part 2 Exception In order to implement the chosen solutio6 resulting from the collaborative RPS process, the county must take an exception to Goal 4 for the 518 acres of BLM land and the 66.4 -acre Baldwin -Herndon Oregon Trust Land. The exception is needed to include this land in the La Pine UUC boundary. The criteria for an exception to Goal 4 are addressed below: 197.732 Goal exceptions; criteria; rules; review. (1) A local government may adopt an exception to a goal if: (a) The land subject to the exception is physically developed to the extent that it is no longer available for uses allowed by the applicable goal; (b) The land subject to the exception is irrevocably committed as described by Land Conservation and Development Commission rule to uses not allowed by the applicable goal because existing adjacent uses and other relevant factors make uses allowed by the applicable goal impracticable; or FINDING: Deschutes County is not seeking an exception based on subsection (a) or (b) of ORS 197.732. (c) The following standards are met: (A) Reasons justify why the state policy embodied in the applicable goals should not apply; FINDINGS: The state policy embodied in Goal 4 is to conserve forestland and to carry out the policy of ORS 215.700. The state policy of Goal 4 should not apply to the subject BLM land and the Baldwin -Herndon Oregon Trust Land because Deschutes County, through the Regional Problem Solving Project, determined that this land is a needed component in the mix of solutions to the identified regional problems. The most significant problems that will be addressed by using this land for non -forest uses is: prevention of a groundwater pollution problem, reduction of conflicts between development and mule deer migration, preservation of rural density in rural exception areas and prevention of the need to extend urban sewer and/or water services outside of urban growth boundaries. The reason this land is most suitable to address the identified problems is because it is between two existing acknowledged unincorporated communities. A sewer line serving both of the communities runs though the property. The productivity of this land is no greater than the surrounding forestland. The land has been recently logged. The BLM has identified this land as part of the Rural Urban Interface. As such and because of its location between two existing communities, it is more suitable than other similarly sized property for the intended use as a receiving site for transferred development. (B) Areas, which do not require a new exception, cannot reasonably accommodate the use; Page 11 of 37 - EXHIBIT "C" To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" FINDINGS: The Regional Problem Solving Project studied alternatives to solving the identified problems in the south county. The Regional Problem Solving study area is shown on a map included as Exhibit "B". The areas within the Regional Problem Solving study area that are already acknowledged as exception areas are shown on Exhibit "J". They include the land zoned Rural Residential, the unincorporated communities of Whistle Stop and Spring River, and a portion of the unincorporated community of Wickiup Junction. The use to be accommodated is the 1,600 to 1,800 development rights to be transferred from the existing Rural Residential lots less than one and a half acres. It is these existing Rural Residential exception lands that are the source of the potential groundwater pollution problem. These existing exception areas contain over 3,200 lots less than one and a half - acre in size. If all of these vacant lots were to be developed with on-site septic systems, the DEQ analysis predicts groundwater pollution that would exceed federal clean drinking water standards. The existing exception areas are not suitable for the build out of the existing lots with on-site septic systems nor is it practical to serve most of these existing exception areas with a community sewer system. The analysis of alternatives for protecting the groundwater in the region determined that the cost of sewering most of the existing exception areas was prohibitive. Therefore, the Regional Problem Solving solution was to transfer some of the development to the expanded La Pine UUC. The existing Rural Residential exception areas cannot accommodate the proposed use of a receiving site for transferred development because they are in the sending area. The unincorporated communities of Whistle Stop and Spring River are both less than 5 acres -and therefore are not of sufficient size to accommodate the 1,650 to 1,800 transferred housing units. Table 1. Land in the Regional Problem Solving Study Area Exception Areas ACRES Resource Zoned ACRES Land Unincorporated Communities 41 Forest - Public 84 Rural Residential Exception Forest — Private Areas (RR -10 zoning) 13,703 1,878 Flood Plain Exclusive Farm Use — Public 1,877 80 Exclusive Farm Use — Private 1,997 TOTAL ACRES 15,621 1 4,039 (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 areas requiring a goal exception other than the proposed site; and Page 12 of 37 - EXHIBIT "C" To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" The RPS Project considered alternative solutions to solving the groundwater pollution problem. The RPS chosen solution was to establish a transferable development credit (TDC) program and reduce the number of developable lots in the rural exception area and relocate the potential dwellings to an area that could be served by community sewer and water services to protect the groundwater. Most of the forestland sites in the region that could be used as a receiving site for this transferred development are either National Forest or Bureau of Land Management land. About 1,878 acres of designated forestland in the RPS study area are privately owned. The subject site was chosen over alternative sites requiring an exception based on the following long-term environmental, economic, social and energy consequences. Environmental The environmental issues that instigated the Regional Problem Solving Project are the potential groundwater pollution problem due to the high water table and the large number of rural lots with on-site septic systems. Using the proposed new neighborhood as a receiving site for transferred development from existing rural residential lots will have a positive environmental consequence because the number of on-site septic systems introducing pollutants into the water table will be reduced. In the RPS study area there are a total of 4,722 vacant, privately owned lots less then 1.5 acres in size. Out of this total, there are 237 active residential building permits (as of April 1, 2000). An additional 1,703 lots are located in area where the groundwater table is less then two feet. A groundwater table less then two feet precludes the property owners from obtaining a building permit. To meet the goals and objectives of the Regional Problem Solving Project and to effectively reduce the threat to potential pollution to the groundwater table, the proposed exception area will be served by community sewer service. , The RPS Transferable Development Credit program is planned to relocate 1,800 future residences that would otherwise be developed with on-site septic systems to the new neighborhood where they will be served by sewer. If these future new dwellings were to be constructed in the rural area with on-site septic systems, the predicted environmental consequence would be an increase in nitrate pollution of the groundwater in the sole source aquifer providing water for the La Pine area. This consequence is documented in the Oregon Department of Environmental Quality Study (Exhibit "D"). The Regional Problem Solving Project identified wildlife habitat and deer migration as one of the significant issues. The Oregon Department of Fish and Wildlife (ODFW) was an active partner in the Project and mapped location in the overall study area where protecting wildlife habitat is a priority (Exhibit "K"). The RPS Project considered alternatives to enhance the deer migration habitat. The chosen solution of the new neighborhood is supported by the ODFW. The positive environmental consequence for mule deer migration in establishing a new neighborhood on the proposed site is to reduce the density at build -out in the existing rural residential exception areas. This lower density will result in less development in some areas, which will be beneficial for the spring and fall mule deer migration through the area. Page 13 of 37 - EXHIBIT "C' To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" The negative consequence regarding the mule deer migration is that a large, currently vacant tract of land will become urban and the migrating deer will be pressured into other areas. However, the proposed RPS solution of relocating up to 1,800 future dwellings in a more concentrated area between La Pine and Wickiup Junction, instead of letting them develop in a low density sprawling pattern, will reduce the conflict between development and migrating deer over a large area. The RPS program resulted in a Memorandum of Understanding between the Oregon Department of Fish and Wildlife and Deschutes County to implement the chosen solution to reduce density in the rural areas through the purchase of the BLM property as a receiving site (see Exhibit "H"). The MOU commits the county and ODFW to cooperate in: 1. Protection of high quality wetland and riparian areas; 2. Maintenance of significant open areas between and throughout developed areas; 3. Providing space for migrating deer. These obligations, in addition to commitments to cooperate, share data and technology to monitor deer migration and population status, are measures, which should result in a positive environmental consequence for maintaining needed corridors for mule deer migration. Another positive environmental consequence' of relocating needed dwellings from the rural area to the selected receiving site is a potential reduction in wildfire risk. The development pattern in south Deschutes County is a rural/urban forest interface. Relocating development that would otherwise occur in a rural forested area, without adequate fire fighting service to an urban area served by a water system with adequate fire flows and forest fuel management, will reduce the risk to the environment from wildfire. Economic The exception will allow the creation of a market based transferable development right program that will help relocate development from rural area to the urban unincorporated community of La Pine. This system will provide economic incentive to relocate development from the rural residential areas to the La Pine UUC. If some action is not taken to reverse the groundwater pollution predicted by the DEQ, then it is probable that the region could face a building moratorium, because the nitrate levels in the groundwater exceed federal clean drinking water standards. This would have a serious economic consequence to employment in the land development, construction and real estate industries. The average annual number of residential building permits issued in the region has been 227 for the past five years. This new construction in the region supports jobs in the building materials, land development and construction trades. The loss of these jobs would affect the retail economy of the region. The cost of fire prevention and reduction in the potential loss of property to wildfire will be reduced by using the new neighborhood as the receiving site for dwellings that would otherwise be constructed in the rural area. The potential for economic loss is greater in the rural areas because fire fighting response times are slower, water systems with adequate fire flows are not available, evacuation routes are not adequate and fuel management for fire prevention may not be practiced. Page 14 of 37 - EXHIBIT "C' To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" Social One social consequence of the exception will be fb help maintain the rural character of the area outside of the unincorporated communities. Using the new neighborhood site as a receiving area for transferred development will reduce the potential development from the existing exception area to the unincorporated community of La Pine. During the Regional Problem Solving Project, the public has consistently emphasized the desire to keep the area rural. However, with the existing lot pattern and the large number of vacant lots, this rural character would be lost as build -out of the current lots occurred. A social consequence of the exception will be to provide an increase in housing choices for people in the region. Currently the vast majority of residential lots are one acre or larger. The new neighborhood will provide multi -family and urban sized lots with parks and trails close to schools, social activities and commercial and business services. The approximately 13 -acre Baldwin -Herndon Oregon Trust Land between the high school and Huntington Road will provide a location for development of community recreation and cultural facilities such as a fair ground, public swimming pool and performing arts center. The La Pine Community Action Team has been working with the BLM and others to find land for these community facilities. Through work with the BLM and a May 2000 community charrette, they determined that the Trust land west of Huntington Road is the best location for these community uses. These community uses will provide social and cultural opportunities for the region. Ener The energy consequences of the exception will be to redirect some development from a dispersed, low-density pattern to a more urban, higher density pattern of development. This relocation of some development will mean a reduction in vehicle trip length for up to 1,800 residences, which will house a projected population of 3,500. In the new neighborhood, schools, retail and other services will be within walking distance, thereby eliminating some vehicle trips all together. Also, the vehicle miles traveled for people in the new neighborhood will be less than those traveled by people living in the outlying rural residential lots. This reduction in vehicle miles traveled to reach schools, medical and public services and some commercial and employment needs will save energy costs. As with most rural areas, the greatest opportunity to establish public transit linkage and capture trips with alternative modes will exist in future urbanizing areas such as the La Pine UUC. This proposed UUC expansion will facilitate a reduction in vehicle miles traveled and increased opportunities for multi -modal use, made possible by relocating dispersed rural dwelling units to an urban community and increasing housing density. (D) The proposed uses are compatible with other adjacent uses or will be so rendered through measures designed to reduce adverse impacts. FINDINGS: The proposed uses are residential, a small amount of mixed use commercial, community uses, schools, parks and open space. These uses are compatible with the existing unincorporated community uses in La Pine and Wckiup Junction. The residential use will support commercial and civic uses within these communities. Page 15 of 37 - EXHIBIT "C' To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" The proposed uses will be compatible with adjacent forest resource uses because of the separation provided by State Highway 97 and Huntington Road. In addition, the plan for the area includes a 200 -foot wide natural area buffer adjacent to these two roads. The proposed residential or school use, adjacent to the existing rural residential subdivision on the northwest edge of the area, will also be made compatible though a buffer required by the plan and zoning for the site. Findings: OAR 660-022- Unincorporated Communities A. OAR 660- 022- 0030 Planning and Zoning of Unincorporated Communities The provisions of this section that apply to the area to be included in the expanded boundary of the La Pine UUC are addressed below. (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 to the applicable post - acknowledgment provisions of ORS 197.610 through 197.625. FINDING: The Plan amendments and zoning regulations applicable to the expanded area are being adopted according to the provisions of ORS 197.610 through 197.625. (2) County plans and land use regulations may authorize any residential use and density in unincorporated communities, subject to the requirements of this division. Sections (3) — (5) regulate the specific industrial, commercial uses and hotel uses. FINDING: The Department of Land Conservation and Development acknowledged the existing zoning for the La Pine UUC as complying with Sections (3)—(5) of the administrative rule on July 19, 1997. The proposed plan amendments (Exhibit "L") and zoning for the expanded area also comply with these provisions (Exhibit "M"). The density for residential uses in the new neighborhood ("neighborhood district") will range between 3 to 6 units per acre for single-family dwellings up to 11 and 14 units per acre for senior housing and multiple -family dwelling respectively. No industrial uses or hotels or motels will be permitted. No changes are being made to the uses already permitted in the acknowledged unincorporated communities of La Pine and Wickiup Junction. (6) County plans and land use regulations shall ensure that new uses authorized within unincorporated communities do not adversely affect agricultural or forestry uses. Page 16 of 37 - EXHIBIT "C' To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" FINDING: The land to be included in the expanded UUC boundary is adjacent to forest zoned land on both the east and west sides. On the west side there is also some land zoned for Exclusive Farm Use along the Little Deschutes River. The resources zoned land on the west side is a privately owned ranch. The commercial uses include cattle grazing in the riparian meadows along the river. The forestland on the east side across State Highway 97 is Bureau of Land Management land. The uses that will be authorized in the expanded UUC boundary are predominately residential. There may be a small neighborhood commercial area, up to 2 acres in size, along Huntington Road on the west side of the new neighborhood. The plan and zoning for the expanded area will not adversely affect surrounding agricultural and forest uses, as the area to be included in the expanded boundary is separated from adjacent forest zoned land by Huntington Road, a County Rural Collector, and State Highway 97. The buffers provided by these major transportation corridors will assure that the residential and commercial development within the community will not interfere with the resource management of the adjacent forest zoned land. The New Neighborhood Master Plan Map proposed for adoption concurrently with the boundary expansion includes a buffer of at least 75 feet between Huntington Road and the area to be developed for residential uses. The plan also includes along Highway 97 a buffer of at least 200 feet. The neighborhood plan requires that the edge buffer be a natural corridor with no development except for bike and pedestrian facilities with an allowance for access roads into the neighborhood through the buffer along Huntington Road. (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 660-012- 0060(1)(a) through (d). FINDINGS: OAR 660-012-0060(1)(a) through (d) states: 660-012-0060 Plan and Land Use Regulation Amendments (1) Amendments to functional plans, acknowledged comprehensive plans, and land use regulations, which significantly affect a transportation facility, shall assure that allowed land uses are consistent with the identified function, capacity, and performance standards (e.g. level of service, volume to capacity ratio, etc.) of the facility. This shall be accomplished by either: (a) Limiting allowed land uses to be consistent with the planned function, capacity, and performance standards of the transportation facility; (b) Amending the TSP to provide transportation facilities adequate to support the proposed land uses consistent with the requirements of this division; Page 17 of 37 - EXHIBIT "C" To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" (c) Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes; or (d) Amending the TSP to modify the planned function, capacity and performance standards, as needed, to accept greater motor vehicle congestion to promote mixed use, pedestrian friendly development where multi -modal travel choices are provided. FINDINGS: It is important to realize, that as part of a Regional Problem Solving Project authorized by ORS 197.656(2) (Collaborative Regional Problem solving), "...the Commission (LCDC) may acknowledge amendments to comprehensive plans and land use regulations that do not fully comply with the rules of the commission that implement the statewide planning goals, without taking an exception..." This means that the full letter of the Transportation Planning Rule (OAR 660-12-060) does not have to be met by this project, only the Goal. Development of the new neighborhood meets the intent of Goal 12. There has not been another project like this before, therefore traditional methods of transportation impact review for UGB expansions and private developments would not be applicable, nor would they be fair to this project. The new neighborhood is not a typical development that adds new trips to the street network. This project transfers existing lots that would eventually be developed without this project. In August 1998, Deschutes County adopted Ordinance 98-044, which repealed and replaced the Deschutes County Comprehensive Plan Transportation Chapter to reflect findings identified in the Deschutes County Transportation System Plan (TSP). The adopted TSP includes the planned function and capacity of all of the roads and intersections that would be affected by the proposed UUC expansion. The TSP identified future projects that would be needed to accommodate the increased traffic impacts expected over the 20 -year planning horizon. While the TSP did notenvision the development of the "new neighborhood", the majority of the existing roads and intersections in the subject area have excess capacity adequate to support the planned expansion. In addition, the expanded UUC would be accommodating and focusing vehicle trips that would otherwise be expected to originate and terminate in other rural areas outside the UUC. As with most rural areas, the greatest opportunity to establish public transit linkage and capture trips with alternative modes will exist in future urbanizing areas such as the La Pine UUC. This proposed UUC expansion will facilitate a reduction in vehicle miles traveled and increased opportunities for multi -modal use. OAR 660-12-060(1)(c) is addressed through the proposed transfer of 1,800 dispersed rural existing lots to the new neighborhood. The increased density and traditional neighborhood design (TND) requirements of the proposed new neighborhood will offer the opportunity for those residents to make trips by walking, bicycle, ridesharing and possible future transit, that would otherwise most likely be made by automobile. Page 18 of 37 - EXHIBIT "C" To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" TRIP GENERATION The county made assumptions regarding how -the new neighborhood may potentially develop, and analyzed what the trip generation impacts may be. The County analysis looked at a range of build -out options and identified impacts to the surrounding south county roads, as well as to the State Highway. For each option, 60% of the future highway -related trips were assumed to travel north on US 97. Staff identified 20 -year historic traffic counts for US 97 and the county roads connecting to US 97 south of Sunriver. Going back to 1980, both the state highway and county road increases averaged 3% per year. The data were trended to yield a percentage increase by year to be applied to future year projections. The four neighborhood phases are assumed to begin in the south and build north over five- year increments through the year 2020. Key to the analysis is the realization that the trip generation numbers need to be factored based on the estimated number of trips that actually access the state highway, versus the total number of daily trips that are locally originated or destined. County Option A This option utilizes the County GIS to help estimate the number of trips generated by the existing lots within the study area. The number of existing developed lots was divided into the combined ADT amounts for the seven county roads that connect to US 97 south of Sunriver. The result was an average of 3.8 highway -related trips generated per lot per day. Theoretically, these are only those trips that access the state highway, most likely the home- work and work -home trip for those residents that live in La Pine and work north in the Bend and Redmond areas. This option identifies a total of 6,747 daily trips using US 97, generated at build -out of the new neighborhood by the year 2020. County Option B This option uses a trip generation rate for single-family residences derived from an analysis and comparison of the highway -related trips for the Cities of Madras and Chiloquin (both on US 97) and Oakridge (on OR 58). These towns were picked because we believe that they most closely mirror the commute circumstances of the La Pine/New Neighborhood area. The analysis identified 1998 ODOT highway traffic counts (ADT) on each end and within each study jurisdiction. The net highway -related trips are the sum of the difference between the highest and lowest ADT count. The 1999 population for each jurisdiction was also determined. The city population number was divided by a factor of 2.6 people per dwelling unit, to determine the number of dwelling units. The highway -related ADT total was then divided by the number of dwelling units to estimate the number of trips per dwelling unit. The same ITE percentages used on Option A were used for this option. The result was that each of these cities generated 3.6 highway - related trips per unit, This option results in 6,461 daily trips using US 97. County Option C Page 19 of 37 - EXHIBIT "C' To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" This option attempts to create a worst-case scenario by doubling all the Option A new neighborhood trip generation rates (except for the retail and school rates). This option results in 12,250 highway -related daily trips using US 97. TRIP DISTRIBUTION The projected build -out of the RPS study area (No Build Option) was compared to each of the Options A -C. Each of the county access roads connecting with US 97 was included in a "drainage" area for analysis and projection. Once the areas were determined, the lots were added up for each area, and a percentage assigned. The 1,800 transferred lots were then removed from each area based on those percentages. For each option, the highway -related trips from the phasing analysis were distributed to each of the county roads that access US 97 south of Sunriver. For each option, the most recent ADT counts at a point closest to US 97 on those county roads was added to the number of lots estimated to be built on, that would logically feed out to the highway via a particular county road. It is assumed that 60% of the trips are destined north on US 97, for the duration of the planning period. The ADT counts for 1 s' Street and 6th Street were estimated since the county did not have counts for these roads. No Build The No Build option is the base case scenario. It assumes that no new neighborhood is developed. Most of the currently vacant rural lots in the RPS study area are eventually built on. As groundwater contamination continues, many (90%) of the "red lots" (vacant 0-2' water table) within the RPS study area are assumed to eventually connect to a sanitary sewer system, and will be built. All of the remaining "green" (vacant <1.5 acres) lots will also be built. A total of 5,049 vacant existing lots will be developed over the next 20 years. Those 5,049 lots will generate an estimated 19,186(@3.8 trips/unit) new highway -related trips per day to US 97. The build -out of existing vacant lots represent a highway -related ADT increase of approximately 137% over current ADT levels. Option A All of the county options assume that 1,800 of the "green" lots are transferred to the new neighborhood. Also, 10% of the "red" lots are built, but the remaining 90% are not developed. Option A used the highway -related trip generation rate of 3.8 based on an analysis using the County GIS. This rate was applied to all the rural lots, and factored into uses planned within the new neighborhood. The ADT impacts from the new neighborhood were distributed 60% to Burgess Road and 40% to 1.t Street. The build -out ADT number from the Phasing spreadsheet was divided up 60/40 and applied to the Burgess and 1 st Street intersections for each of the options. This option shows a "net " 11 % decrease in overall ADT impacts to the US 97 corridor south of Sunriver. Page 20 of 37 - EXHIBIT "C' To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" Option B This option utilized a comparison of the highway -related ADT from three Oregon communities that were believed to 'have similar commute patterns to the new neighborhood/La Pine area. The results showed a highway -related ADT rate of 3.6 for each of the communities. Using this rate in the same manner as Option A yielded a "net" 14 decrease in highway impacts. Option C This option identified a "worst case" scenario by doubling the new neighborhood ADT highway -related trip rates, and increasing the trip rate of the other rural lots to match the rate from Option A. Doubling the new neighborhood rates yields numbers approximating total daily trip generation rates rather than those that are expected to be highway -specific. By doubling the new neighborhood rates, and increasing the rural rates, this option yields a "net" 5% increase in highway -related impacts over the No Build option The key issue is how the eventual cumulative build -out of the existing vacant lots in the RPS Study Area will affect the local and state road network. By developing the new neighborhood, eventual rural lot impacts will be mitigated, while some of those impacts will be shifted to intersections that are already planned for capacity -enhancing improvements. The county analysis identified how many of -the study area intersections at US 97 would benefit from the reduction in daily vehicle trips through establishment of the new neighborhood, leading to an overall decrease in "net" impact to the state highway. Two of the intersections on US 97, Burgess Road and 1st Street would see increased trip activity. The Burgess Road intersection has been programmed for years in the State Transportation Improvement Program (STIP) to be part of an eventual grade -separated interchange project. This project existed without the new neighborhood and is driven by the need to separate US 97 from the Burlington -Northern and Santa Fe Railroad tracks, rather than increases in local traffic. Given the phasing of the new neighborhood, any impacts to this intersection will not occur until the later years of the project, well after the need for the highway interchange has developed through increases in background traffic and freight rail usage. Impacts from the new neighborhood on the intersection of 1s` Street and US 97 in La Pine are acknowledged to occur early in the development of the new neighborhood. As such, mitigation in the form of a traffic signal at this intersection has been planned for and budgeted for in the RPS project, as well as traffic improvements at the other surrounding local intersections of 1 stand Huntington and Burgess and Huntington. (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. Page 21 of 37 - EXHIBIT "C' To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" FINDINGS: The amendments to the Deschutes County Comprehensive Plan to be adopted concurrently with the expansion of the UUC boundary contain policies, which require that any development in the expanded area shall be served by an approved sewer and water system. These policies are shown in the plan amendment in Exhibit "L". Because all new development within the expanded area must be served by approved sewer and water systems, the state and federal water quality regulations will be upheld and will not result in any public health hazard. A principal objective of the UUC boundary expansion is to take action to minimize the adverse environmental impacts and potential violation of state and federal water quality regulations. These adverse effects are probable, if some of the potential development on rural residential lots is not transferred to the new neighborhood within the expanded UUC, where sewer and water services are available. Memoranda of Understanding between Deschutes County and the La Pine Special Sewer District and the La Pine Water District assure that future development in the new neighborhood will not exceed the carrying capacity of the water supply resources and sewer service. These memoranda attached in Exhibit "H" obligate all parties to identify and implement the sewer and water service needs for the new neighborhood. The county is budgeting to provide assistance to the La Pine Water District and the La Pine Special Sewer District for the preparation of a new sewer and water system capital facilities plan. A plan policy in Exhibit "L" assures that this facility plan will be completed before the neighborhood district is developed. B. OAR 660- 022- 0040 Urban Unincorporated Communities (1) Counties with qualifying communities shall adopt plans and land use regulations for urban unincorporated communities (UUCs). All statewide planning goals applicable to cities shall also apply to UUCs, except for those goals provisions relating to urban growth boundaries and related requirements regarding the accommodation of long-term need for housing and employment growth. FINDINGS: In March 1996 Deschutes County adopted amendments to the Deschutes County Comprehensive plan (Ordinance 96-006) and Title 18 of the Deschutes County Code (Ordinance 96-003) to establish comprehensive plan designations and policies and zoning regulations for the Urban Unincorporated Community of La Pine. These ordinances were adopted to comply with the Deschutes County Periodic Review. Exhibits "L" and "M" contain new plan policies and zoning standards for the new neighborhood. They also contain the acknowledged plan policies and zoning regulations for the La Pine UUC (now referred to as the La Pine District within the La Pine UUC) and the acknowledged plan policies and zoning regulations for the Wickiup Junction Rural Service Center (now referred to as the Wickiup Junction District within the La Pine UUC). Page 22 of 37 - EXHIBIT "C" To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C' (2) Counties may expand the boundaries of those UUCs with the following characteristics during regularly scheduled periodic review in order to include developable land to meet a demonstr#ted long-term need for housing and employment: (a) The UUC is at least 20 road miles from an urban growth boundary with a population over 25,000; and (b) The UUC is at least 10 road miles from an urban growth boundary with a population of 25,000 or less. FINDING: The La Pine UUC, as amended to include Wickiup Junction, is 21 miles from the Urban Growth Boundary of the City of Bend. Bend has a 1999 population of approximately 50,000 people. Deschutes County is currently in a regularly scheduled periodic review. (3) To expand the boundary of a UUC, a county shall demonstrate a long- term need for housing and employment in the community. The county shall base its demonstration upon population growth estimates from a reputable forecast service (such as Portland State University). The county shall coordinate its estimates with those for other cities and communities in the county. The county shall consider: (a) Plans to extend facilities and services to existing community land; and (b) The infill potential of existing land in the community. FINDINGS: Deschutes County adopted Ordinance 98-084, which amended the Deschutes County Comprehensive Plan to include a coordinated population projection in accordance with ORS 195.036. The coordinated population forecast is attached as Exhibit "O". In completing the coordinated population forecast, the county and the three incorporated cities in the county relied on the population forecast from Portland State University and the State Office of Economic Analysis. The three cities were all in the process of updating the comprehensive plans and public facility plans to serve their projected populations. To prepare for the coordinated population forecast, Deschutes County completed a non- urban population capacity projection analysis, attached as Exhibit "O". The conclusion of the analysis was that the non -urban area of the county had the capacity to absorb the projected population growth based on the following assumptions: 1. Development, as permitted by law, of all existing vacant and potential legally partitioned new resource zoned lots (EFU and Forest zones). 2. Development of all vacant existing and potential new lots under existing zoning in the established unincorporated communities. 3. Development of all existing vacant and potential new lots in the rural residential exception areas. The analysis recognized that the estimate of available lots in the south county might be high because of limitations on new septic systems in some areas. However, all of the vacant lots were included in the population analysis, anticipating a Regional Problem Solving solution that would not result in a reduction of the number of existing legal lots available for Page 23 of 37 - EXHIBIT "C" To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C development. The analysis concluded that there were 6,385 vacant rural residential exception area lots in the south county in 1986. The adopted Deschutes County coordinated population forecast assumes that the county has the capacity to absorb the projected non- urban population growth though the year 2020, only if all of the available vacant rural exception area lots are available for development. Tables 2 and Table 3 below provide additional information regarding projected rural population growth. Table 3 identifies a capacity of 5,557 new dwellings on existing and potential new rural residential exception area lots. At 2.0 people per dwelling this is an additional 11,114 people for southern Deschutes County. This capacity is needed to accommodate the projected population forecast adopted by the county, Bend, Redmond and Sisters. Table 2. Projected Rural Development Next 20 Years Present New TOTAL (Approximate 019) Dwelling Units: 259000 + 149000 = 39,000 Population: 48,000 + 28,000 = 76,000 Table 3. 1999 Summary Table for Rural 20 -year Population Capacity 2000-2020 New dwellings in Rural Exception Areas 39832 New dwellings Farm 44 New dwellings Non -Farm 21264 New dwellings Forest 88 New dwellings South County Exception Area 5,557 New dwellings Destination Resorts 19014 New dwellings Bend Urban Reserve 88 New dwellings Unincorporated Communities 985 Total: 13,872 Page 24 of 37 - EXHIBIT "C" To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" Table 3 also shows that the existing unincorporated communities, including La Pine and Wickiup Junction, have the capacity for 985 new dwellings under existing acknowledged plans and zoning. The land to be included in the La Pine community boundary will accommodate 1,800 of the anticipated 5557 dwellings that would otherwise be developed in the rural area. These 1,800 relocated future homes can be served by an existing sewer and planned water system. The sewer lines already extend through the BLM land to be included within the UUC boundary. (4) If a county determines that it must expand the boundary of a UUC to accommodate a long-term need for housing and employment, it shall follow the criteria for amendment of an urban growth boundary in statewide planning Goal 14 and shall select land using the following priorities: FINDINGS: Under this criterion it is necessary to address the seven factors for establishment and change of urban growth boundaries found in Goal 14 (OAR 660-015). These factors are addressed in Section VLA below. The provisions of OAR 660-004- 0010(1)(c)(B) also contain criteria that apply to an amendment of an urban growth boundary. This section is also addressed in Section VI.B below. OAR 660-022-0040(4): (a) First priority goes to that developable land nearest to the UUC, which is identified in an acknowledged comprehensive plan as exception area or non - resource land; (b) If land described in subsection (a) of this section is not adequate to accommodate the need demonstrated pursuant to section (3) of this rule, second priority goes to land designated in a comprehensive plan for agriculture or forestry, or both. Higher priority shall be given to land of lower capability as measured by the capability classification system or by cubic foot site class, whichever is appropriate for the current use, with designated marginal land considered the lowest capability (highest priority for selection); FINDINGS: (a) Non -resource land was not considered because the Deschutes County Comprehensive Plan does not include this designation. The Regional Problem Solving Project exception areas encompass 15,621 acres, containing 4,071 developed and 5,569 undeveloped lots (see Table 1, page 12). The acknowledged exception areas are displayed in Exhibit "J". This acknowledged exception area land is not suitable to meet the need for housing and employment because of the potential groundwater pollution problem identified by the DEQ. Finding a solution to this potential groundwater pollution problem was a chief focus of the RPS Project. The Regional Problem Solving Project conducted extensive study of alternatives for solving the identified problem. The principle study was conducted by KCM with assistance from Eco North West. Their study of alternatives is on file at the Deschutes County Community Development Department. In addition, a committee was convened to review alternative sewage treatment systems that could be used in the rural exception areas as an alternative to the systems analyzed by KCM. A summary of their findings is attached as Exhibit "P". Page 25 of 37 - EXHIBIT "C" To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" After analysis of the alternatives, extensive public involvement and collaboration with state agencies and local special districts, the county determined that the acknowledged exception areas were not suitable. This determination was made based on the cost of providing urban sewer service to the rural area compared to the cost of expanding the boundary. Other factors for choosing the resource land over any available exception area land were the community desire to maintain the rural character of the outlying area and reducing the density to enhance deer migration corridors. (b). The RPS program concluded that the needs of the region were best met by using the 518 -acre BLM land and the 66.4 -acre Baldwin -Herndon Oregon Trust Land between La Pine and Wickiup Junction to serve as the receiving area for a development right transfer. This BLM land is designated as forestland in the county Comprehensive Plan; it is zoned Forest Use 1. The BLM prepared an environmental assessment (EA) for the land to be included in the expanded La Pine UUC boundary. The EA documents the current conditions of the site, (Exhibit "F"). The majority of the site was harvested in 1989-1991. The EA describes the land as marginal lodgepole pine forestland located within the urban interface and concludes that the revenue from the sale of this property could be used to acquire other lands with higher values (EA, page 19). This demonstrates the lower value of this land relative to other forest resource land in the area The BLM Environmental Assessment identifies the soil on the tract as a site class "5" in fertility. The area can produce 50 to 84 cubic feet of wood per acre per year. This site class and productivity is typical throughout the forestland in southern Deschutes County. The timber appraisal conducted by consulting forester, John A. Rounds, for the EA concluded that there is only a minor amount of ponderosa pine on the property and it is all low grade material. His appraisal assumed values for lodgepole pine for the site. Lodgepole pine has a lower value than ponderosa pine in the market. There is no evidence that the productivity and site class of this site relative to other lodgepole pine sites in the study area would make it a higher or lower priority site under this criterion. Because the site is a lodgepole pine site, it is of lower value than sites in the study area, which are predominately ponderosa pine. The Fro considered the impacts of the sale of Tract 38 to serve as the receiving site for transferred development credits. One conclusion of the EA is that Tract 38 comprises approximately 1% of the BLM commercial forestland base in the La Pine area. The Fro states that the loss to the local economy would be offset by the gain in employment and business transactions generated by the expected future alternate residential, business and commercial uses of the property (EA page 14-15). The decision resulting from the EA is that the potential environmental impacts to the human environments are not expected to be significant and that the direct sale of Tract 38 to Deschutes County can proceed. Because of its proximity to the La Pine and Wickiup Junction unincorporated communities, this forestland is considered to be in the urban/forest land interface and is subject to increased wild fire hazard and conflicts between commercial forest resource management and urban development. This increased potential for conflict between forest management practices and residential development makes the targeted BLM Tract 38 less valuable to the BLM than lands not adjacent to unincorporated communities. (c) Land described in subsection (4)(b) of this section may be included if land of higher priority is inadequate to accommodate the need projected according to section (3) of this rule for any one of the following reasons: Page 26 of 37 - EXHIBIT "C" To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" A. Specific types of identified land needs cannot be reasonably accommodated on higher priority land; or FINDINGS: The land is needed to accommodate housing to meet the adopted coordinated population projection Exhibit "O". The higher priority land is the existing exception areas shown on the Acknowledged Exception Areas and Resource Land in South Deschutes County map, Exhibit "J". This higher priority land cannot reasonably accommodate the housing needs for the projected population increase because of the potential groundwater pollution problem and the relative cost of providing urban services to rural areas, compared to providing urban services to the population within an urban unincorporated community boundary. As part of the Regional Problem Solving Project, the county hired consultants (KCM and Eco NorthWest) to complete a cost benefit analysis for alternatives addressing the identified regional problems. Their report, South County Regional Problem Solving Cost/Benefit Analysis Regional Problem Solving Final Report, August 1997, is on file at the Deschutes County Community Development. The study analyzed three scenarios: ■ Growth continues at past patterns ■ Constrained growth, no new sewers ■ Sewer areas with high environmental impacts The result of the analysis provided data that the county and stakeholders used to conclude that the consequence of taking no action was not acceptable because of the predicted groundwater pollution. Constraining growth was also not acceptable because of the need to accommodate projected population increases and the issues of taking private property, which has been held with an expectation of future development. Finally, serving undeveloped rural lots with sewer was not cost effective and would have negative consequences to the wildlife, rural character and transportation system. After this analysis, the county and stakeholders selected the transferable development credit alternative that requires the Goal 4 exception. Existing exception land was not suitable because it could not be easily served with sewer and it is in multiple ownership mostly less than two acres in size. Although the chosen site for the TDC receiving area requires an exception, it is the preferred site because it can be incorporated into an existing unincorporated community and be served by expansion of an existing sewer system. The chosen site can be served by expanding an existing sewer system instead of building new urban sewer systems in rural areas. (B) Public facilities and services cannot reasonably be provided to the higher priority area due to topographic or other physical constraints; or FINDING: The higher priority land is the existing exception area land. Because of the physical characteristics of the soil, hydrology and high water table, it is not possible to develop existing rural residential lots with on-site septic systems and maintain groundwater quality. The Oregon Department of Environmental Quality (DEQ) and the Deschutes County Environmental Health Division have documented the depth to groundwater in the region and the existing and potential nitrate pollution of the groundwater. The groundwater pollution problem is a result of the soil types and hydrology of the basin. Exhibit "N" shows the extent of high water table in the region. The 1995 nitrate concentrations in the study area groundwater are shown on a map in the Oregon Department of Environmental Quality report Page 27 of 37 - EXHIBIT "C" To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" on the hydrogeologic model studying the effects of on-site septic systems on groundwater in the study area (Exhibit "D"). The results of the model documented in Exhibit "D" projects an increase in nitrate concentrations exceeding the federal drinking water standard because of the hydrogeology characteristics of the region and the number of existing and potential on- site septic systems contaminates into the groundwater. (C) Maximum efficiency of land use within the UUC requires inclusion of lower priority land in order to provide public facilities and services to higher priority land. FINDING: This criterion is not the reason that the resource land is being included. However, the inclusion of the forest resource land will allow maximum efficiency of land use within the UUC. The proposal for the new neighborhood will replace an existing low-density pattern of development with a higher, more urban density that can be efficiently served by existing sewer and water districts. (5) Counties shall apply plans and land use regulations to ensure that land added to a UUC: (a) Is used only to satisfy needs identified pursuant to section (3) of this rule; and (b) Is provided with sewer and water services at the time of development; and (c) Is planned and zoned according to the requirements of this division; and (d) If designated for residential use, meets the requirements of statewide planning Goal 10 and ORS 197.314; and FINDINGS: Concurrent with the adoption of the ordinance expanding the La Pine UUC boundary and taking an exception to Goal 4, the county is adopting amendments to the Deschutes County Comprehensive Plan and zoning regulations for the area to be included in the expansion. The proposed Comprehensive Plan amendments are attached as Exhibit "L" and the proposed zoning regulations are attached as Exhibit "M". Plan Amendments The findings under section (3) of this rule demonstrate the housing need in the form of transferred development from the surrounding rural area as an identified solution under the RPS Project. The proposed amendment to the comprehensive plan contains a policy (Policy 7, page 44) that requires the county to adopt a Transferable Development Credit program and to use neighborhood planning area as the receiving area for the transferred development. The proposed comprehensive plan amendments include a policy (Policy 13, page 45) that requires all new development in the Neighborhood Planning Area to be connected to the La Pine Water District water system and the La Pine Special Sewer District sewage treatment facility. The proposed plan amendment (Exhibit "L") also contains a policy that requires all future refinement planning and zoning for the new neighborhood to comply with OAR 660-22 (Policy 3, page 43). Page 28 of 37 - EXHIBIT "C" To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" Zoning Regulations The zoning regulations attached as Exhibit "M" include standards for developing the area to be added to the La Pine UUC in a manner that is consistent with the requirements of the OAR 660-022. The proposed zoning code divides the area included in the expansion of the UUC into two planning , in addition to the current La Pine Planning Area. The new planning areas are the Neighborhood Planning Area and the Wickiup Junction Planning Area. The zoning for the Wickiup Junction Planning Area is the same as the current acknowledged Wickiup Junction Rural Service Center. The existing Wickiup Junction zoning was approved by DLCD through periodic review as complying with OAR 660-22. The zoning for the Neighborhood Planning Area is divided into 7 zoning districts: Community Facility, Community Facility Limited, Commercial, Park/Open Space, Neighborhood Center, Neighborhood General, Neighborhood Edge. All of the uses and for these zoning districts comply with the provisions of OAR 660-22 for Urban Unincorporated communities. The zoning include size limitations on commercial development. No industrial development will be permitted in the Neighborhood Planning Area. . In addition the zoning for the New Neighborhood Planning area contains a provision requiring all uses to be connected to the La Pine Water District water system and the La Pine Special Sewer District sewage treatment facility. Statewide Planning Goal 10 states: "To provide for the housing needs of citizens of the state". ORS 197.314 regulates the siting of manufactured homes, minimum lot sizes and approval standards. The provisions of the Deschutes County zoning ordinance that will apply to the area to be included in the UUC allows for the siting of manufactured homes and addresses lot size and other applicable approval standards and therefore complies with ORS 197.314. Based on the findings above and the provisions found in Exhibits "L" and "M" the county has complied with the requirement of OAR 660-22 -0040(5)(a) — (d) (6) Counties shall not rely upon the use of land included within a WC as the basis for determining that nearby land designated in compliance with goals relating to agriculture or forestry is committed to non -resource use as defined in OAR 660-004-0005(3). FINDING: This criterion is not applicable because the county is not seeking a committed exception under OAR 660-004-0028. Therefore, no findings are required to show that the land is committed to non -resource use. (7) Counties shall include findings of fact and conclusions of law demonstrating compliance with the provisions of this rule in their comprehensive plans. Page 29 of 37 - EXHIBIT "C" To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" FINDINGS: The Deschutes County Comprehensive Plan, Growth Management Chapter, Rural Development Section was amended as part of the periodic review work task requiring compliance with OAR 660-22. This amendment adopted a new section for the La Pine Urban Unincorporated Community. Ordinance 96-002, which adopted the plan revisions for the La Pine UUC, included a staff report with findings showing compliance with OAR 660-22. (1) For purposes of this rule, "developable land" shall have the meaning given that term in OAR 660-021-0010(5). FINDING: OAR 660-21-0010(5) defines "developable land" as: Land that is not severely constrained by natural hazards, nor designated or zoned to protect natural resources, and is either entirely vacant or has a portion of its area unoccupied by structures or roads. The land to be included in the La Pine UUC meets the definition of developable land. The land is vacant and contains no structures. The Bureau of Land Management Environmental Assessment (Exhibit "F") did not identify any natural hazards. The land is subject to a Wildlife Combining Zone that is designated to protect mule deer migration routes. However, this Wildlife Combining zone does not prohibit development. This zone regulates the density and placement of dwellings. (9) For purposes of this rule, "long-term need" means needs for the UUC anticipated by the time of the county's next regularly scheduled periodic review. OAR 660-025-0030(2)(d) regarding periodic review schedules states: (d) A county with a population of 50,000 or more, or a metropolitan service district or a city with a population of 25,000 or more inside its urban growth boundary, shall conduct periodic review every five to 10 years after completion of the previous periodic review. FINDINGS: The county is currently in its first scheduled periodic review and working under an approved work program. The county expects to complete periodic review by June 2001. Because of the duration of the county's current periodic review, it is expected that the next periodic review will not occur until at least seven years following the completion of the current periodic review work program. Therefore, for the purposes of the findings regarding long-term need under OAR 660-22 (2), long-term need shall mean a period ending in the year 2008. V. Findings: Expansion of an Urban Growth Boundary Page 30 of 37 - EXHIBIT "C" To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" A. OAR 660-15 Goal 14: To provide for an orderly and efficient transition from rural to urban land use. Urban Growth Boundaries shall be established to identify and separate urbanizable land from rural land. Establishment and change of the boundaries shall be based on considerations of the following factors: (1) Demonstrated need to accommodate long-range urban population growth requirements consistent with LCDC Goals; FINDINGS: The adopted coordinated population forecast for Deschutes County and its three incorporated cities (Exhibit "O") determined that the county, under the existing zoning, had the capacity to accommodate the forecasted population growth that was not planned for within the three existing incorporated cities. However, all of the platted lots and new lots that could be created were needed to accommodate the long-range population growth requirements. As of April 1, 2000, the county determined that because of the threatened groundwater quality in the RPS study area, 1,703 of the existing lots are unbuildable with conventional on-site septic systems because of a water table within two feet of the ground surface. In addition, if all of the lots less than two acres are developed with on-site septic systems, an unacceptable level of nitrate pollution is projected (DEQ model, Exhibit "D"). Therefore, the Regional Problem Solving Project determined that these existing lots could not be developed at the existing density without threatening groundwater quality. After a review and analysis of alternatives allowing development on existing lots and also protecting the groundwater, the RPS Project determined that the most cost effective way to accommodate the projected population growth was to expand the existing La Pine UUC, which is served by a sewer system. This is a minimum 50 percent reduction in existing Rural Residential exception area developable lots less than one and a half acres. This reduction in rural density will reduce or eliminate the future need for providing urban levels of sewer and water service outside of the UUC boundary. In addition, the transferred development from the rural area to the Urban Unincorporated Community of La Pine will not result in a net increase in dwelling units needed to accommodate the projected population growth. (2) Need for housing, employment opportunities, and livability; FINDINGS: The expanded UUC boundary will provide for needed housing in a livable environment that will meet the following Quality Development Objectives established by Executive Order 97-22: o Give priority to a quality mix of development that addresses the economic and community goals of a community and a region o Encourage mixed use, energy efficient development designed to encourage walking, biking and transit use (where transit is available) Page 31 of 37 - EXHIBIT "C" To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" To create a livable environment, the design of the new neighborhood includes parks, open space trails and a connected street system. A variety of housing types are planned for the new neighborhood to provide housing choices that are currently not available in the community. These include multi -family, townhomes and detached single-family dwellings on lots from 5,000 to 15,000 square feet. The objective of creating a distinction between rural and urban uses in the region will be accomplished through the boundary expansion. The expanded area will provide an urban density of housing. Because the housing that will be developed in the new neighborhood will only occur when development is transferred from the rural exception area, the result will be to reduce the rural density and make it unnecessary to provide urban services outside the UUC boundary. The expanded population within the boundary will provide a need for new and growing businesses. The expanded boundary will accommodate only population that was projected to occur within the region through the year 2020. Without the exception, this increase in population would all occur at some distance from the La Pine UUC, which is the commercial and civic center of the region. Because some of the projected population will be transferred from the rural area to the UUC, it will be closer to both employment opportunities, schools and needed urban commercial and civic services. The expanded boundary and resulting increase in urban population will encourage development of local commercial uses and community employment opportunities. This expansion should allow some retail and service needs to be met locally rather than in Bend. (3) Orderly and economic provision of public facilities and services FINDINGS: The expansion of the UUC boundary will result in the orderly and economic provision of sewer and water facilities to 1,800 residences. If the boundary were not expanded to accommodate 1,800 residential units that otherwise would have been developed in the rural area, the county would be faced with providing urban level sewer and/or water service to prevent or overcome potential regional groundwater pollution. If no action is taken to reduce the number of potential new on-site septic systems in high groundwater areas, the DEQ projects that the nitrate levels in the groundwater will exceed federal clean drinking water standards. (See Exhibit "D"). The solution chosen through the collaborative RPS process is the one that is the most orderly and cost effective. That solution is to expand the UCC boundary and the existing sewer system and planned water system to proved public sewer and water facilities services to an urban residential area. The alternative to the chosen solution would have been to provide a much more expensive new sewer or water system to scattered rural lots outside of the UUC boundary. The U.S. Environmental Protection Agency has established a maximum contaminant level (MCL) for nitrate -nitrogen in drinking water of 10 milligrams per liter (mg/1). The state of Oregon recognizes the federal MDL standards for nitrates. However the state has embraced and anti degradation policy in which the 10 mg/I is not viewed as a level up to which contaminations may be allowed. The state MDL standard is 7mg/I. According to the Oregon Groundwater Protection Act of 1989, the Department of Environmental Quality is required to declare a region of the state to a Groundwater Management Area, if as a result of non -point source activities, nitrate -nitrogen concentration in the region's groundwater have exceeded 7 mg/liter. Page 32 of 37 - EXHIBIT "C" To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" If no action is taken to mitigate the predicted increase in nitrate pollution, and nitrate levels in the groundwater exceed 7 mg/I, then the State would be forced to institute a building moratorium. Waiting for a moratorium would be more costly and less orderly because the funding and construction of a sewer system to correct the problem would come only after the groundwater contamination. The costs of the alternatives for serving the rural area to protect the groundwater are presented in a study prepared by KCM, a consultant hired under the RPS grant. This study includes analysis of enhanced treatment technologies by Derek Sandison. This study is on file at the Deschutes County Community Development Department. A committee formed by the county in 1999 conducted additional cost comparison of community sewer versus on-site septic systems. The summary of their finding is attached as Exhibit "P". The proposed expansion of the UUC will allow for orderly and economic provision of sewer service because the La Pine Special Sewer District already serves the area. In 1998, the District extended the sewer main line from La Pine to Wickiup Junction through the BLM land' proposed for inclusion in the UUC boundary. By bringing Wickiup Junction and the new neighborhood into the UUC boundary, the sewer system can be efficiently and most economically expanded to serve the expected and existing residential commercial and industrial development. In addition, the higher density residential development that will occur within the expanded UUC boundary will be served by a system of paved public urban streets. This may allow some of the roads in the rural area to remain developed at a less urban standard. The economic cost of improving the rural roads to urban standards is much more costly on a per dwelling basis than providing urban streets to a higher density population center. (a) Maximum efficiency of land uses within and on the fringe of the existing urban area; FINDINGS: The existing urban area, in this case, is the Urban Unincorporated Community of La Pine. By expanding the UUC boundary to accommodate 1,800 new housing units and some commercial and institutional uses, the land use will be more efficient within the urban area and also on the fringe. The fringe area surrounding the urban area will remain more rural than would otherwise occur if the UUC were not expanded. The fringe will be more rural because the number of developable lots will be reduced through the transfer of the development to the new neighborhood within the expanded UUC boundary. This transfer of development will prevent the need for a costly and inefficient sewer and or water system to serve a low-density rural development pattern outside of the UUC. By expanding the boundary, the residential uses will be established at a higher density and be served more efficiently by the expansion of an existing sewer system. (5) Environmental, energy, economic and social consequences; FINDING: The environmental, energy, economic and social consequences of the UUC expansion are addressed in Section IV, ORS 197.732(1)(c)(C) of this report on pages 8-10. Page 33 of 37 - EXHIBIT "C" To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" (6) Retention of agricultural land as defined, with Class 1 being the highest priority for retention and Class VI the lowest priority; and, FINDINGS: No agricultural land is being included in the UUC expansion. Therefore, this criterion is not applicable. (7) Compatibility of the proposed urban uses with nearby agricultural activities. FINDINGS: The only nearby agricultural activity is to the west along the Little Deschutes River. The riparian meadows and forestland of a large ranch are used for cattle grazing. This is a low intensity use that can continue with the expansion of the UUC to include residential and some commercial and community uses. The expansion area plan includes natural area buffers along Huntington Road that will provide additional separation between the urban uses and the ranching activity. These buffers are assured by the Comprehensive Plan policies and zoning to be adopted concurrently with the UUC expansion (Exhibits "L" and "M"). B. OAR 660-04-0010- 1(c)(B) Application of the Goal 2 Exception Process to Certain Goals (1) The exceptions process is not applicable to Statewide 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: (c) Goal 14 "Urbanization" except as provided for in paragraphs (1)(c)(A) and (B) of this rule, and findings; (B) When a local government changes an established urban growth boundary it shall follow the procedures and requirements set forth in Goal 2 "Land Use Planning", Part II, Exceptions. An established urban growth boundary is one, which has been acknowledged by the Commission under ORS 197.251. Revised findings and reasons in support of an amendment to an established urban growth boundary shall demonstrate compliance with the seven factors of Goal 14 and demonstrate that the following standards are met: FINDING: The seven factors of Goal 14 are addressed in Section VIA (OAR 660-15) of this report on pages 20 - 23. (i) Reasons justify why the state policy embodied in the applicable goals should not apply (This factor can be satisfied by compliance with the seven factors of Goal 14.); FINDING: This criterion is addressed in Section IV, ORS 197.732(1)(c)(A), of this report on page 7. Page 34 of 37 - EXHIBIT "C" To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" (ii) Areas, which do not require a new exception, cannot reasonably accommodate the use; FINDING: This criterion is addressed in Section IV, ORS 197.732(1)(c)(B), of this report on pages 7 — 8. (iii) 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 areas requiring a goal exception other than the proposed site; and FINDING: The environmental, energy, economic and social consequences of the UUC expansion are address in Section IV, ORS 197.732(1)(c)(C), of this report on pages 8 - 10. (iv) The proposed uses are compatible with other adjacent uses or will be so rendered through measures designed to reduce adverse impacts. FINDING: This criterion is addressed in Section IV, ORS 197.732(1)(c)(D), of this report on pagel0. VI.Conclusion Since its inception in 1996, the Deschutes County Regional Problem Solving Project has identified regional problems, involved stakeholders and the public in proposing alternatives, conducted analysis and studies of the potential solutions and selected a preferred solution to the groundwater pollution problem. The chosen solution was to expand the La Pine UUC to create a receiving area for transferred development from the surrounding rural area. The Regional Problem Solving Project funded additional analysis of a Transferable Development credit program feasibility and a public design charrette for the new neighborhood receiving area. Deschutes County amended its Comprehensive Plan in 1998 to adopt goals and policies to proceed with implementation of the identified solutions. The Bureau of Land Management completed an environmental assessment on the land needed as the receiving area for transferred development. In order to continue with the implementation of the Regional Problem Solving Project solutions, the county needed to expand the boundary of the La Pine UUC to include the BLM property and private land needed to meet regional community needs, and to serve as the receiving area for the transferred development. Based on the findings above, Deschutes County has met the burden of proof to take an exception to Goal 4 in order to expand the La Pine UUC boundary to include the 518 -acre Bureau of Land Management property and the 66.4 -acre Baldwin Herndon Trust property. Page 35 of 37 - EXHIBIT "C" To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" VII. Exhibits Exhibit A. Proposed La Pine Urban Unincorporated Community Boundary. Exhibit B. South Deschutes County Regional Problem Solving Study Area. Exhibit C. Regional Problem Solving List of Official Stakeholders. Exhibit D. Weick, Rodney. 1995. Oregon Department of Environmental Quality. Development of a Hydrogeologic Model to Stimulate effects of on-site septic systems on Groundwater Quality in the Sunriver-La Pine Area of Deschutes County, Oregon. Exhibit E. Ordinance 98-085, Amendment to the Deschutes County Comprehensive Plan for Regional Problem Solving. Exhibit F. Bureau of Land Management Environmental Assessment Number OR - 056 -99-019. August 20, 1999. Exhibit G. Deschutes County Resolution No. 2000-021. Exhibit H. Regional Problem Solving Memoranda of Understanding with Deschutes County: ■ Bureau of Land Management ■ Oregon Department of Environmental Quality ■ Oregon Department of Fish and Wildlife ■ Oregon Department of Forestry ■ Oregon Department of Housing and Community Development ■ Oregon Department of Transportation • Oregon Department of Economic Development ■ La Pine Special Sewer District ■ La Pine Water District ■ Baldwin Hemdon Trust (pending) Exhibit I. Forest Land Committee Report, April 1, 1999. Exhibit J. Acknowledged Exception Areas and Resources Land in South Deschutes County. Exhibit K. Oregon Department of Fish and Wildlife: WIldlife Priority Area for Regional Problem Solving March 1999. Page 36 of 37 - EXHIBIT "C" To ORDINANCE NO. 2000-013 (08/09/00) EXHIBIT "C" Exhibit L. Ordinances 2000-013 & 2000-014 — Amendments to the Growth Management Chapter, Unincorporated Communities Section of the Deschutes County Comprehensive, and the Comprehensive Plan Map. Exhibit M. Ordinances 2000-015 &- 2000-016 — Amendments to Title 18.61 of the Deschutes County Code and the Zoning Map. Exhibit N. Map of Depth to Groundwater, Deschutes County GIS, 1997. Exhibit O. Ordinance 98-084, Exhibit 'A".. Deschutes County Coordinated Population Forecast, Exhibit "B" Deschutes County Non -urban Population Capacity Projection, November 8, 1996. Exhibit P. Regional Problem Solving Project for South Deschutes County Community Sewer/on-site Septic Cost Comparison. Exhibit Q. List of Regional Problem Solving Studies and Reference Material. Exhibit R. Final Report for the Oregon Land Conservation and Development Commission, July 1999. Exhibit S. Deschutes County, Oregon Regional Problem Solving Project — Summary of Phase 11 Work on a Transferable Development Credit System. Clarion Associates, June 30, 1999 Exhibit T. Map: Regional Problem Solving Study Areas: Vacant and Built Lots Page 37 of 37 - EXHIBIT "C" To ORDINANCE NO. 2000-013 (08/09/00)