Loading...
2001-885-Ordinance No. 2001-047 Recorded 12/13/2001REVIEWED LEGAL COUNSEL REVIEWED CODE REVIEW COMMITTEE DESCHUTES COUNTY OFFICIAL RECORDS rT 2001N885 MARY SUE PENHOLLOW, COUNTY CLERK IiJ V COMMISSIONERS' JOURNAL 12/13/200101:14:35 PM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 23, Comprehensive Plan, of the Deschutes County Code, and Prescribing An Effective Date of March 13, 2002. ORDINANCE NO. 2001-047 WHEREAS, The Board of County Commissioners has determined that to comply with Periodic Review and OAR 660-22, amendments to the Deschutes County Comprehensive Plan are required; and WHEREAS, after notice and hearing as required by law, the Board of County Commissioners has considered the recommendation of the Planning Commission, now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. Section 23.12.010, Definitions, of the Deschutes County Code is amended to include the definitions described in Exhibit "A", attached hereto and by this reference incorporated herein. Section 2. AMENDMENT OF PLAN TEXT. Section 23.36.020, Unincorporated Communities, of the Deschutes County Code, is amended to include the designation of Black Butte Ranch and the Inn of the Seventh Mountain/Widgi Creek as Resort Communities, with new language underlined and deleted laguage in sough. The Deschutes County Code is further amended by the addition of a new Section 23.36.022, Resort Community, in the Unincorporated Communities section of the Growth Management chapter, as described in Exhibit "B," attached hereto and by this reference incorporated herein. Section 3. AMENDMENT OF PLAN TEXT. Section 23.44.110, Goal Exception Statement, Resort Communities, is added to the Deschutes County Code, as described in Exhibit "C", attached hereto and by this reference incorporated herein. Section 4. AMENDMENT OF Goal 5 Mineral and Aggregate Sites Inventory, of the Deschutes County Code, as described in Exhibit "D", attached hereto and by this reference incorporated herein. Section 5. AMENDMENT OF ESEE Findings and Decision for Site No. 316, of the Deschutes County Code, as described in Exhibit `B", attached hereto and by this reference incorporated herein. Section 6. AMENDMENT. Map amendments to the Deschutes County Comprehensive PAGE 1 of 2 - ORDINANCE NO. 2001-0047 (11/28/2001) Plan for the Resort Communities of Black Butte Ranch and the Inn of the Seventh Mountain/Widgi Creek, as shown in Exhibits "F" and "G", attached hereto and by this reference incorporated herein. Section 7. FINDINGS. Findings to support this ordinance are set forth in the Staff Report —Black Butte Ranch and Inn of the Seventh Mountain/Widgi Creek, File NO. PA -98-5, attached as Exhibit "H," and by this reference incorporated herein. Section 8. EFFECTIVE DATE. This Ordinance takes effect on March 13, 2002. DATED this day of December, 2001. BOARD OF COUNTY OF DESCHUTES COL Tom DeWoff. Chair ATTEST: De(inis R. Luke, Commi Toner Recording Secretary Mi a 1 M. aly, om issione PAGE 2 of 2 - ORDINANCE NO. 2001-0047 (11/28/2001) EXHIBIT "A" 23.12.010. Definitions. "Resort Community" means an unincorporated community that was established primarily for and continues to be used primarily for recreation and resort purposes. It includes residential and commercial uses and provides for both temporary and permanent residential occupancy, including overnight lodging and accommodations (Ord. 2001-047 § 1, 200 1) PAGE 1 of 1 — EXHIBIT "A" TO ORDINANCE NO. 2001-047 (11/28/01) EXHIBIT `B" 23.36.020. Unincorporated communities. The 1979 comprehensive plan designated the following rural service centers SC : Alfalfa, Brothers, Hampton, Millican. La Pine, Whistle Stop, Wickiup Junction, Terrebonne, Wild Hunt and Tumalo. These areas were designated in that plan as exception areas from Goals 3 and 4. Zoning under the Comprehensive Plan allowed for a mix of residential uses and commercial uses to support nearby residential uses. The scope of those uses was never clearly defined but, until the early 1990's, was never much of an issue since there was little development pressure. In 1994, LCDC adopted a new administrative rule to clarify what seepe-e&uses could be allowed in "unincorporated communities," including rural service centers, without violating Statewide Planning Goals 11 and 14 relating to public facilities and urban uses. The purpose of the rule was to assist in the implementation of Statewide Planning Goals 11 and 14 by defming the upper limits of intensity of uses allowable unincorporated communities defined under the rule. The rule was -is set forth in OAR 660 Division 22 and identifies 4 different kinds of rural communities: Resort Community, Urban Unincorporated Community, Rural Community and Rural Service Center. Y. .• PREVIOUS DESIGNATION 000 • COMMUNITY DESIGNATION La Pine Y UUC 1996 Wickiu Junction Rural Service Center Rural Service Center 1996 Terrebonne Rural Service Center MIN I IN M M. MOONING • In 1997, the -review Le€dffee additional uniiieefper-ated eeirAntmities was eempleted. reffebcfm-e The following communities are designated as unincorporated communities under OAR 660-22: COMMUNITY PREVIOUS DESIGNATION UNINCORPORATED APPROVAL DATE COMMUNITY DESIGNATION La Pine Rural Service Center UUC 1996 Wickiu Junction Rural Service Center Rural Service Center 1996 Terrebonne Rural Service Center Rural Communi 1997 Tumalo Rural Service Center Rural Community 1997 Sun River Planned Community Urban Unincorporated 1997 Communi La Pine — expansion to Rural Service Center Urban Unincorporated 2000 include Wickiup Junction and BLM land Forest Community Black Butte Ranch Rural Residential Resort Community 2001 Inn of the 7h Mountain/ Widgi Creek Forest Resort Community 2001 PAGE 1 of 7 — EXHIBIT `B" TO ORDINANCE NO. 2001-047 (11-28-01) EXHIBIT `B" In subsequent steps, the remaining rural service centers and other unincorporated communities in Deschutes County will be reviewed and revised, ��eed-be-, under OAR 660 Division 22. (Ord. 2001-047 § 2,2001; Ord. 2000-017 § 1, 2000; Ord. 96-002,1996) 23.36.022 Resort Community. A Resort Community is characterized as an unincorporated community that was established primarily for, and continues to be used primarily for recreation and resort purposes (OAR 660- 022-0010)(6). It includes residential and commercial uses and provides for both temporary and permanent residential occupancy, including overnight lodging and accommodations. (Ord. 2001-047, § 2, 200 1) Black Butte Ranch & Inn of the Seventh Mountain/Widgi Creek A. General Information 1. Historical Background Black Butte Ranch: Black Butte Ranch is located in the northwestern portion of Deschutes County, 8 miles west of the city limits of Sisters. Black Butte Ranch is in the Indian Ford Creek watershed, a tributary to Squaw Creek, itself a tributary to the Deschutes River, and is surrounded by lands within the Deschutes National Forest. Since the late 1800's Black Butte Ranch has been a cattle ranch. Cattle operations continue today. Black Butte Ranch includes 1,830 acres developed in the early 1970's as a planned residential development with both permanent and vacation homes on 1,252 lots and three separate condominium areas. Recreation amenities include two 18 -hole golf courses, four swimming pools, 23 tennis courts, horse stables, a sports field, basketball courts and trails for bicycling, jogging and cross country skiing. Conference rooms, a restaurant, lounge and property sales in the Main Lodge, a general store and pro shops at both golf courses provide additional amenities for residents, guests and visitors. Black Butte Ranch allows public access to its restaurant, golf courses and horse stables, but is primarily oriented to its year-round residents and seasonal guests. Black Butte Ranch is considered by many people to be a "destination resort", however development at Black Butte Ranch precedes the adoption of statewide Goal 8 and the County's mapping of lands for the siting of destination resorts. Approximately 96 percent of the area within Black Butte Ranch community boundary has already been developed. Development of Black Butte Ranch began in 1970 and the first subdivision plat within Black Butte Ranch was filed in 1970. In 1972, when the County first adopted a zoning ordinance (PL -5) and comprehensive plan, the area identified as Black Butte Ranch, although smaller than today, was zoned "Planned Development" and designated as a "Destination Resort" on the comprehensive plan map. In 1979 the County adopted revised zoning and comprehensive plan maps. Black Butte Ranch, in its current configuration, was zoned Rural Residential, RR -10, and was designated "Destination Resort" on the comprehensive plan map. In 1992 Black Butte Ranch was designated as a rural residential exception area on the comprehensive plan map (Ord No. 92-061). PAGE 2 of 7 — EXHIBIT `B" TO ORDINANCE NO. 2001-047 (11-28-01) v EXHIBIT `B" Inn of the Seventh Mountain/Widgi Creek: The Inn of the Seventh Mountain and Widgi Creek Golf community are located approximately five miles southwest of the Bend Urban Growth Boundary on Century Drive and bounded by the Deschutes River on the south. The site for Inn of the Seventh Mountain (Inn) has been developed since the late 1960s and has historically been considered to be a stand-alone resort community with overnight lodging and recreation facilities for tourists. It currently has 230 condominium units, spread among 22 buildings. The initial boundary was established in 1972 and encompasses 22.65 acres. The Inn includes horse stables, tennis courts, golf course, skating rink, swimming pools and other recreation amenities, and a restaurant, meeting rooms and multi- story lodging units for resort guests. Many of the dwelling units at Inn are occupied seasonally but some residences are occupied year round. Commercial uses open to overnight guests and the public include the restaurant, skating rink and golf course, guided raft trips on the Deschutes River and a retail/rental sport shop. Widgi Creek was approved in 1983 as a 237 -acre expansion to the Inn including a golf course with surrounding residential lots consisting of 107 lots for single-family dwellings and 103 lots for condominium units. The use of the site as a destination resort was initiated previous to implementation of the statewide planning goals in Deschutes County. Upon implementation of the statewide planning goals, the property was designated as "forest" in compliance with Goal 4, and the use continued to be permitted as a "destination resort". However, in 1993 HB 3661 eliminated destination resorts as a use in the forest zone except as allowed under Goal 8. This property was not approved as a destination resort pursuant to Goal 8 until the year 2001 when a "built and committed" exception was taken for the entire Inn/Widgi community. 2. Population and Growth Black Butte Ranch: The population of Black Butte Ranch is difficult to ascertain due to the large number of vacation and second homes within the community that are occupied for only part of the year. In 2001, the Black Butte Ranch Association estimated the number of full time, year round residents at 337 persons. During the peak tourist season, the population, including guests who do not own property but are renting residences within the community, is estimated to rise to 5,000 persons. Inn of the Seventh Mountain/Widgi Creek: Almost all of the residential use at the Inn of the Seventh Mountain is tourist accommodations. During the peak tourist season, the population, including guests who do not own property but are renting residences within the community is estimated to be approximately 500 people. In 2001, the number of full time and part time residents at Widgi Creek is approximately 120, consisting of 80 single-family residents and 39 condo residents. Since there are only 4 condo units available for rental, there is no significant increase in the population during the peak tourist season. As currently planned, when the development is fully built out, the population increase to a total of 200 full time and part time residents in 107 single family homes and 46 condominium units. PAGE 3 of 7 — EXHIBIT `B" TO ORDINANCE NO. 2001-047 (11-28-01) EXHIBIT "B" 3. Periodic Review In the fall of 1994, the Oregon Land Conservation and Development Commission adopted a new administrative rule, OAR 660, Division 22, entitled Unincorporated Communities. The rule requires counties to update land use plans and regulations for such communities. Deschutes County has updated the Comprehensive Plan and implementing zoning regulations for Black Butte Ranch and the Inn/Widgi Creek to comply with the rule as part of periodic review. 4 "Resort Community" Defined Black Butte Ranch and the Inn of the Seventh Mountain/Widgi Creek meet the definition of "resort community" because they have historically developed with a mixture of residential and recreation or resort amenities. Commercial -type uses also exist, such as the restaurant and stables. Other retail operations, such as the golf pro shops and retail sales at the tennis shop are associated with specific recreation activities and are not designed as stand alone retail operations intended by themselves to attract the traveling public to Black Butte Ranch or the Inn/Widgi. Black Butte Ranch operates both a community sewer and water system that are in place and serve the existing development. Black Butte Ranch is served by its own fire and police departments. The Comprehensive Plan designates Black Butte Ranch as a Resort Community and provides for future growth and development accordingly. The Inn/Widgi sewer service (except approved on-site septic systems) and fire protection is provided for Inn/Widgi by the City of Bend. Water is provided by on-site wells, security service is provided by the hm/Widgi Resort Community and the Deschutes County Sheriff provides police services. S. Community Boundary Black Butte Ranch: The Black Butte Ranch community boundary includes a total of 1912 acres consisting of 1) 1830 acres including the main resort development, the resort's recreational amenities, and the residential areas, and 2) 82 acres located contiguous to the northwest comer of the other land within the resort community used for industrial uses in support of Ranch operations. The community boundary abuts Highway 20 on the northeast. National Forest Service lands and private landholders bound it on the south and west. Inn of the Seventh Mountain/Wid-ai Creek: The Inn of the Seventh Mountain/Widgi Creek community boundary includes 260 acres (23 for the Inn and 237 for Widgi Creek). The property is used for the resort's recreational amenities, rental and residential units. The western boundary is the Century Drive. The south boundary is generally the Deschutes River canyon. The entire resort community is bordered by the Deschutes national Forest. B. Land Use Planning 1. Existing Land Uses Black Butte Ranch: The predominant land use in Black Butte Ranch is residential, the majority of which is single-family residential development. However, since Black Butte Ranch was originally developed as a planned community, a number of other uses exist PAGE 4 of 7 - EXHIBIT `B" TO ORDINANCE NO. 2001-047 (11-28-01) 4i EXHIBIT `B" which make Black Butte Ranch a community that is somewhat self-reliant. Uses that support the residential components include a commercial core, which contains a variety of retail businesses developed in a pedestrian mall setting, as well as a business park. A significant component of development in Black Butte Ranch includes recreation amenities such as golf courses, and resort facilities, such as a lodge, meeting facilities and a restaurant. A fire station and public works facilities for sewage treatment and water delivery have also been developed in support of all uses. The Black Butte Fire Department serves all areas within the boundary of Black Butte Ranch. Utility services will continue to be provided in the current manner. Inn of the Seventh Mountain/Widgi Creek: The predominant land use at the Inn is resort uses with overnight lodging and recreation facilities for tourists, in addition to a restaurant, meeting rooms and a retail/rental sport shop. The predominant land use for Widgi Creek is residential, with single-family residential development and condominium units, in addition to a golf course. Fire and sewer services are currently provided by the City of Bend, with water service provided by on-site well. Utility services will continue to be provided in the current manner. 2. Comprehensive Plan Designations The 2001 Deschutes County Comprehensive Plan designates Black Butte Ranch and the Inn of the Seventh Mountain/Widgi Creek as a Resort Communities. C. Policies Land Use Policies A. General resort Community Policies 1. Land use regulations shall conform to the requirements of OAR 660 Division 22 or any successor. 2. County comprehensive plan policies and land use regulations shall ensure that new uses authorized within the Black Butte Ranch Resort Community and the Inn of the Seventh Mountain/Widgi Creek Resort Community do not adversely affect forest uses in the surrounding Forest Use Zones. 3. Designated open space and common area shall remain undeveloped except for community recreation uses. Areas developed as golf courses shall remain available for that purpose or for open space/recreation uses. 4. The provisions of the Landscape Management Overlay Zone shall apply in Resort Communities where the zone exists along Century Drive, Highway 26 and the Deschutes River. 5. Residential minimum lot sizes and densities shall be determined by the capacity of the water and sewer facilities to accommodate existing and future development and growth. 6. The resort facility and resort recreation uses permitted in the zoning for Black Butte Ranch and the Inn of the Seventh Mountain/Widgi Creek shall serve the resort community. B. Black Butte Ranch Policies: 1. The County supports the design review standards administered by the Architectural Review Committee. 2. Residential, resort and utility uses shall continue to be developed in accordance with the Master Design for Black Butte Ranch and the respective Section Declarations. PAGE 5 of 7 — EXHIBIT `B" TO ORDINANCE NO. 2001-047 (11-28-01) EXHIBIT "B" 3. Industrial activities, including surface mining, shall only occur in the area zoned Black Butte Ranch Surface Mining, Limited Use Combining District (Black Butte Ranch SM/LU) located in the northwest corner of Black Butte Ranch. 4. Employee housing shall be located in the area zoned Black Butte Ranch- Utility/Limited Use Combining District (Black Butte Ranch-U/LU). 5. Any amendment to the allowable use(s) in either the Resort Community District or the Limited Use Combining District shall require an exception in accordance with applicable statewide planning goal(s), OAR 660-04-018/022 and DCC 18.112 or any successor. 6. The westerly 38 -acres zoned Black Butte Ranch Surface Mining, Limited Use Combining District (Black Butte Ranch SM/LU) shall be used for the mining and storage of aggregate resources. Uses that do not prevent the future mining of these resources, such as disposal of reclaimed effluent and woody debris disposal from thinning and other forest practices may be allowed concurrently. Other resort maintenance, operational and utility uses, such as a solid waste transfer station, maintenance facility or equipment storage may be allowed only after mining and reclamation have occurred. 7. The 18.5 acres zoned Black Butte Ranch-Utility/Limited Use Combining District (Black Butte Ranch-U/LU may be used for the disposal of reclaimed sludge. 8. The area west of McCallister Road and east of the area zoned Black Butte Ranch Surface Mining, Limited Use Combining District (Black Butte Ranch SM/LU) may be used for large equipment storage, general storage, maintenance uses, RV storage, telephone communications, administration offices, housekeeping facilities and employee housing. 9. Employee housing shall be set back at least 250 feet from the eastern boundary of the area zoned Black Butte Ranch Surface Mining, Limited Use Combining District (Black Butte Ranch SM/LU) Surface mining within the Black Butte Ranch community boundary shall adhere to the following Goal 5 ESEE "Program to Meet Goal" requirements: 10. Only the western most 38 acres of the site shall continue to be mined. 11. Setbacks shall be required for potential conflicting residential and other development. A minimum 50 -foot setback shall be maintained from the perimeter of tax lot 202 for all surface mining activity. 12. Noise impacts shall be mitigated by buffering and screening. 13. Hours of operation shall be limited to between 7:00 a.m. and 6:00 p.m. weekdays. No operations shall be allowed on weekends and holidays. 14. Processing shall be limited to 45 days in any one year, to be negotiated with Deschutes County in the site plan process in consultation with the Oregon Department of Fish and Wildlife (ODFW). 15. The conditions set forth in the August 10, 1989, letter of ODFW shall be adhered to. 16. Extraction at the site shall be limited to five acres at a time with on-going incremental reclamation (subject to DOGAMI review and approval). 17. Mining operations, siting of equipment, and trucking of product shall be conducted in such a manner that applicable DEQ standards are met and minimizes noise and dust. 18. DOGAMI requirements for a permit once mining affects more than 5 acres outside the 8.6 -acre exempt area shall be met. PAGE 6 of 7 — EXHIBIT `B" TO ORDINANCE NO. 2001-047 (11-28-01) EXHIBIT `B" 19. A conditional use permit shall be obtained from Deschutes County, under the provisions of section 18.128.280, Surface mining of resources exclusively for on- site personal, farm or forest use or maintenance of irrigation canals, before mining activity affects more than five acres outside the 8.6 -acre exempt area. C. Inn of the Seventh Mountain/Widgi Creek Policies: 1. Any amendment to the allowable uses(s) in either the Resort Community District or the Widgi Creek Residential District shall require an exception in accordance with applicable statewide planning goal(s), OAR 660-04-018/ 022 or any successor, and DCC 18.112 or any successor. 2. Public Facility Policies A. General Public Facility Planning Policies 1. Police protection services for both communities shall be provided under contract with the Deschutes County Sheriff. B. Black Butte Ranch: 1. The Black Butte Ranch Water Distribution Company and the Black Butte Ranch Corporation shall confirm that water and sewer service, respectively, can be provided for new uses or expansion of existing uses that require land use approval. 2. The Black Butte Ranch Water Distribution Company shall provide water service for the Black Butte Ranch Resort Community. 3. The Black Butte Ranch Corporation shall provide sewer service for Black Butte Ranch. 4. The Black Butte Ranch Rural Fire Protection District shall provide fire protection services for Black Butte Ranch. 5. The roads and the bicycle/pedestrian path system within the Black Butte Ranch Resort Community boundary shall be maintained by the Black Butte Ranch Owners Association. C. Inn of the 7d' Mountain/Widgi Creek: 1. Water service shall be supplied by on-site wells for the Inn/Widgi Resort Community. 2. New uses or expansion of existing uses that require land use approval shall be approved only upon confirmation from the City of Bend that sewer service can be provided. 3. Fire protection services for the Inn/Widgi shall be provided through a contract with the City of Bend until such time as Inn/Widgi develops another plan to provide adequate fire protection. 4. The resort community, not Deschutes County, shall maintain roads in the community. 5. The bicycle/pedestrian path system shall be maintained by Inn/Widgi Owners Associations. 10. Emergency access between Widgi Creek and the Inn of the 7h Mountain shall be provided in accordance with the approved development plan for the Elkai Woods town homes. The respective resort property owners shall maintain emergency access between the Inn of the 7t' Mountain and Widgi Creek. (Ord. 2001-047 § 2, 200 1) PAGE 7 of 7 — EXHIBIT `B" TO ORDINANCE NO. 2001-047 (11-28-01) EXHIBIT "C" Chapter 23.44. GOAL EXCEPTION STATEMENT 23.44.110. Resort Communities. In conjunction with approval of PA -98-5 and TA -98-9, an exception to Statewide Planning Goal 4, Forest Lands, was taken for the Black Butte Ranch and The Inn of the Seventh Mountain / Widgi Creek resort communities. These exceptions were taken at the same time that both resorts were designated "Resort Communities" under the State rules for unincorporated communities, OAR 660-022. A "reasons" exception was taken for Black Butte Ranch (the Ranch) to justify the addition of 80 acres of land to the resort community boundary. A "physically developed" exception was taken for The Inn of the Seventh Mountain/Widgi Creek (the Inn/Widgi) in recognition that this resort is for all practical purposes fully developed. The 80 -acre addition to the Ranch is zoned as a Surface Mining /Limited Use Combining District (38 acres) and a Utility /Limited Use Combining District (44 acres). The uses allowed are limited to those indicated in the County Zoning Ordinance (Title 18). Any additional uses will only be allowed if an additional plan amendment (including exceptions findings) and text amendment are approved that justify such uses. The findings to support these exceptions are set forth in Exhibit "H" to Ordinance 2001- 047. These findings are incorporated herein by reference. The uses allowed in these communities are set forth in Exhibit `B" to Ordinance 2001-048. (Ord. 2001-047 § 3, 2001) PAGE 1 of 1 — EXHIBIT "C" TO ORDINANCE NO. 2001-047 (11/28/01) EXHIBIT "D" Goal 5 Inventory - Mineral and Aggregate Sites SITE NO. LEGAL DESCRIPTION NAME TYPE QUANTITY* QUALITY ACCESS/LOCATION 246 151010-00-00205, 207, 300, 302,303 Tewalt S & G 10,000 Good Hwy 20 248 151012-00-00100 Cyrus Cinders 30.2 M Excellent Cloverdale Road 249 151025-00-02502, 2505 RL Coats Rock 250,000 ODOT Specs 251 151211 -DO -01400, 151214- AO -00800 Cherry S & G 125,000 Good 252 151200-00-04700, 04701 Thornburgh Rock 2.5 M Good 271 151036-00-00800 Deschutes County S & G 2 M Mixed Harrington Loop Road 273 151117-00-00100 Deschutes County S & G 75,000 Excellent Fryrear Rd/Redmond- Sisters 274 151117-00-00700 Deschutes County S & G Excellent Fryrear Road 275 151100-00-02400 Deschutes County S & G 175,000 Good Fryrear Landfill 277 151011-00-01100 Oregon State Hwy S & G 100,000 ODOT Specs 278 151140 -AO -00901,151211- DO -01200 State of Oregon S & G 18,000 ODOT Specs 282 171000-00-00100 Crown Pacific Cinders 100,000 Fair 283 171000-00-00100 Crown Pacific Cinders 50,000 Fair 288 171111-00-00700 Tumalo Irrigation S & G 250,000 Good 292 171112-00-00900 RL Coats S & G 326,000 ODOT Specs 293 17112-00-00500, 600, 700, 800 RL Coats S & G 3 M ODOT Specs 294 171113-00-00817 Bend Aggregate S & G 777,000 Excellent Klippel Acres/Bend 296 1 171100-00-02702 Crown Pacific Cinders 100,000 Excellent Shevlin Park/Johnson Rd 297 171123-00-00100 Crown Pacific Cinders 60,000 Johnson Rd/Tumalo 303 171207-00-00300 Cascade Pumice Pumice 750,000 Good 303 171207-00-00300 Cascade Pumice S & G 10,000 Good 305 171206 -CO -00100 RL Coats S & G 150,000 ODOT Specs 306 171206 -BO -00700 RL Coats S & G 313 171433-00-00600 Deschutes County S & G 100,000 Good 313 171433-00-00600, 120 Deschutes County Storage Dodds Road/Alfalfa 314 171332-00-01100 Deschutes County Dirt 150,000 Good 315 140900-00-02100 Stott Rock 93,454 tons ODOT Specs Highway 20 316 140900-00-002002 Wil'a>nette Ind Black Butte Ranch S & G 7 M Good 317 140900-00-01300 Willamette Ind Cinders 1.2 M Good 322 141200-00-01801 Fred Gunzner S & G 1.5 M Mixed Lower Brid e/Terrebonne 322 141200-00-01801 Gunner Diatomite 500,000 Good Lower Brid e/Terrebonne 324 141200-00-00702 ODVA S & G 490,000 Good Lower Brid e/Terrebonne 326 141236-00-00300,301 US Bank Trust S & G 1.5 M Good 330 141328-00-00702, 703 Larry Davis Cinders 50,000 Good 331 141329-00-00100, 103 EA Moore Cinders 100,000 Good 332 141329-00-00102 RL Coats Cinders 2 M Good Northwest Wa /Terrebonne 333 141329-00-00104 Robinson Cinders 2.7 M Good 335 141333-00-00890 Erwin Cinders 100,000 Excellent Pershall Way/Redmond 336 141333-00-00400, 500 US Bank Trust Cinders 4.5 M Good Cinder Butte/Redmond 339 141132-00-01500 Deschutes County Dirt 200,000 Fill Goodard Loo Bend 341 161000-00-00106 Young & Morgan S & G 1 M Good 342 220900-00-00203 Crown Pacific Cinders 200,000 Good 345 161000-00-01000 Crown Pacific Cinders 50,000 Good 346 161000-00-01000 Crown Pacific Cinders 50,000 Good 347 161101-00-00300 Deschutes Coun-1-57irit-j 10,000 1 Good 351 161112-00-01401, 1700, 2000 Gisler/Russell I Cinders 1 150,000 1 Good Innes Mkt/Innes Butte 355 1 161135-00-02100 Cascade Pumice I Pumice 1 750,000 1 Good PAGE 1 of 3 - EXHIBIT "D" TO ORDINANCE NO. 2001-047 (11/28/01) EXHIBIT "D" Goal 5 Inventory - Mineral and Aggregate Sites SITE NO. LEGAL DESCRIPTION NAME TYPE QUANTITY* QUALITY ACCESS/LOCATION 356 161135-00-02000 Tumalo Irrigation Pumice 2 M Good 357 161136 -DO -00100, 161100-00- 10400,10300 Tumalo Irrigation Cinders 1 M Johnson Road/Tumalo 357 161136 -DO -00100, 161100-00- 10400, 10300 Tumalo Irrigation S & G 500,000 Good 357 161136 -DO -00100, 161100-00- 10400, 10300 Tumalo Irrigation Pumice 500,000 Good 358 161231 -DO -01100 Gisler S & G 100,000 ODOT Specs Hwy 20/Tumalo 361 161222 -CO -02800 Oregon State Hwy Cinders 700,000 Good 366 161230-00-00000 Oregon State Hwy S & G 40,000 ODOT Specs 368 161220-00-00200 Bend Aggregate S & G 570,000 Excellent Twin Bridges/Tumalo 370 161231 -DO -00400 Bend Aggregate Plant Site Storage 379 181100-00-01600 Oregon State Hwy S & G 500,000 ODOT Specs 381 181125 -CO -12600, 181126-00- 01600 Pieratt Bros Cinders 50,000 Good 390 181214-00-00500, 100 Deschutes County Dirt 2 M Landfill 391 181221-00-00200 Central OR Pumice Cinders 500,000 Good 392 181223-00-00300 Rose Rock 10 M Est Mixed 392 181223-00-00300 Rose Dirt 7.5 M Good 393 181225-00-01400 LT Contractors Cinders 12.5 M Good Arnold Mkt Rd/SE of Bend 394 181200-00-04400, 04411 Windlinx Cinders 270,000 Coarse Hwy 97/South of Bend 395 181200-00-04300 Oregon State Hwy Cinders 100,000 Good 400 181300-00-04501, 04502 Eric Coats S & G 2.5 M ODOT Specs 404 191400-00-00200 Moon S & G 1.3 M Good 404 191400-00-00200 Moon Rock 800,000 - 2 M Good Hwy 20/East of Bend 405 191400-00-00600 Oregon State Hwy Aggregate 50,000 ODOT Specs 408 191600-00-01500 RL Coats S & G 3 M Good 413 201500-00-01400 Deschutes County S & G 30,000 Good/Excellent Hwy 20/East of Bend 414 201500-00-01500 Deschutes County S & G 30,000 Good/Excellent Hwy 20/East of Bend 415 201716-00-00700 Deschutes County S & G 30,000 Good/Excellent Hwy 20/East of Bend 416 201716-00-00200 Deschutes County S & G 30,000 Good/Excellent Hwy 20/East of Bend 417 1 201716-00-00900 Deschutes County S & G 30,000 Good/Excellent Hwy 20/East of Bend 418 201716-00-01000 Deschutes County S & G 30,000 Good/Excellent Hwy 20/East of Bend 419 201716-00-01300 Deschutes County S & G 30,000 Good/Excellent Hwy 20/East of Bend 421 212000-00-00900 RL Coats S & G 500,000 Excellent Hwy 20/Tumalo 423 211106 -CO -00700 Ray Rothbard S & G 100,000 Good 426 211100-00-00702 La Pine Redi-Mix S & G 1 M Good 427 211100-00-00701 Bill Bagley S & G 40,000 Good 431 221100-00-00600 Russell Cinders/ Rock 12 M/1.2 M Good Finley Butte 432 1 221100-00-00500 State of Oregon Cinders 160,000 Good 433 211300-00-00101 La Pine Pumice Lump Pumice 10M Excellent 441 150903-00-00300 Willamette Ind S & G 11 M Good 442 150909-00-00400 Willamette Ind S & G 6 M Good 443 150917-00-00600 Willamette Ind Rock 150,000 Fair 453 161209, 10-00-00600, 301 Robert Fullhart S & G 704,000 ODOT Specs 459 141131-00-05200 Deschutes County Cinders 50,000 Good 461 141300-00-01500, 1501, 1502, 1503,1505 Nolan S & G 350,000 Good 461 141200-00-01501, 1502, 1503, 1505,1600 Franklin Nolan Diatomite 2 M Good 465 141333-00-00900 Oregon State Hwy Cinders 100,000 Good 466 141333-00-00600 Fred Elliott Cinders 5.5 M Good 467 141333-00-00601 Knorr Rock Co Cinders 5 M Good 469 141131-00-00100 Deschutes County Cinders 2 M Fair 475 151012-00-00600 Deschutes County Cinders 200,000 Good Cloverdale Road 482 151300-00-00103 1 Deschutes County Dirt 2 M I Good Ne us Landfill 488 161230-00-00100, 600, 2000, 1 2100 Bend Aggregate S & G 400,000 ODOT Specs PAGE 2 of 3 - EXHIBIT "D" TO ORDINANCE NO. 2001-047 (11/28/0 1) EXHIBIT "D" Goal 5 Inventory — Mineral and Aggregate Sites SITE NO. LEGAL DESCRIPTION NAME TYPE QUANTITY* QUALITY ACCESS/LOCATION 496 191400-00-00500 Taylor S & G 1.8 M Mixed Hwy 20 498 191400-00-02200 Oregon State Hwy S & G 200,000 ODOT Specs 499 191533-00-00200 Oregon State Hwy S & G 50,000 ODOT Specs 500 191500-00-00099 Oregon State Hwy S & G 130,000 ODOT Specs 501 191500-00-01600 Oregon State Hwy S & G 50,000 ODOT Specs 503 191600-00-01300 Oregon State Hwy S & G 200,000 ODOT Specs 505 201600-00-00400 Oregon State Hwy S & G 275,000 ODOT Specs 506 201600-00-00600, 700, 800 Oregon State Hwy S & G 36,000 ODOT Specs 508 201700-00-01000 State of Oregon S & G 100,000 ODOT Specs 515 201801-00-00100 Oregon State Hwy S & G 100,000 ODOT Specs 522 211900-00-01000 Oregon State Hwy S & G 300,000 ODOT Specs 524 212000-00-01900 Oregon State Hwy S & G 300,000 ODOT Specs 528 222110-00-00600 Oregon State Hwy S & G 45,000 ODOT Specs 529 221100-00-00300 Oregon State Hwy S & G 31,000 ODOT Specs 533 222100-00-00800 Oregon State Hwy S & G I M ODOT Specs 541 141035-00-02000, 2100, 2200, 2300, 2400, 2500, 2600 Cyrus Aggregate 528,000 Good Inc Portions of TL 1800/1900 542 151001-00-02700 Swarens Aggregate 80,000 Good 543 151013-00-00100 Cyrus Aggregate 1.1 M Good 600 191400-00-00700 Robinson S & G 3.8 M Good I Hwy 20/East of Bend 601 211100-00-00700 La Pine Redi Mix S & G 479,000 DEQ Specs I Paulina Lake Road * quantity in cubic yards unless noted (Ord. 2001-047 § 4, 2001;Ord. 2001-027 § 1, 2001; Ord. 2000-017 § 1, 2000; Ord.99-028, 1999; Ord. 99-019, 1999; Ord. 96-076, 1996; Ord. 95-041, 1995; Ord. 94-050,1994; Ord. 90-025, 1990) PAGE 3 of 3 — EXHIBIT "D" TO ORDINANCE NO. 2001-047 (11/28/01) 1 ESEE Findings and Decision Site No. 316 Site Number 316, occupying tax lot 2020, in Township 14 South, Range 9 E.W.M., Section 5, came before the Board of Commissioners (Board) for hearing on August 10, 1989. On October 10, 1989, the Board made a preliminary decision en this site. B}-adeptien ef these findings d this to place Site No. 316 on the County's Goal 5 inventory. The preliminary decision, was later ratified by the Boardnfi :.�s aftd ratifies that pr-eliminafy deeisieft, and Site No. 316 was formally placed on the Goal 5 inventory The r' r On November 28 2001 the Board was conducted a subsequent hearing to determine whether the subject site, listed on the Guy's County's inventory of aggregate sites, should be Ming made a part of the boundaries of the unincorporated community of Black Butte Ranch and, if so, should be reclassified to reflect the zoning designations applicable to properties within the Black Butte Ranch Resort Community. Fer the Teasers given Concurrent with the ESEE revision to this site in 2001, the Board detefmine— aetermined that this site should be se part of the Black Butte Ranch Resort Community (File No PA -98-5 & TA -98-9) Site No. 316 shall remain on the county's inventory of aggregate resources The western most 38 acres of the site shall have a zoning designation of Black Butte Ranch — Surface Mining / Limited Use Combining District (BBR-SM/LU) The remaining eastern portion of Site No 316 (44 acres) that is adiacent to the residential uses of Black Butte Ranch shall have a zoning designation of Black Butte Ranch -Utility/ Limited Use Combining District (BBR-U/LU) PRELIMINARY FINDINGS Site number 316 comprises approximately 96 82 acres and is located about one mile off Highway 20 northwest of Black Butte Ranch. The site is owned by Willafflette industries and TA tinder- least to Grew' Paeif". Black Butte Homeowners Association and is zoned SM. Adjacent land is zoned F -2i Black Butte Ranch-Utility/Limited Use Combining District and RR-1-GResort District. This site was identified as containing aggregate resources in the Deschutes County Goal 5 Aggregate inventory adopted by the Board on December 6, 1988. Based upon the site's inclusion on that inventory, a ham- s held to detefmiae whether -to zene d ' + the site was zoned SM or surface mining under statewide planning goal 5 to protect the aggregate resource. The original ESEE decision adopting the SM zone specifically limited processing to 45 days per year and limited operations to weekdays only. Since the initial inclusion of the site on the Goal 5 inventory, significant changes have occurred. It was purchased in 1993 by the Black Butte Homeowners Association and is now used exclusively by Black Butte Ranch for all its aggregate resource requirements Second concurrent with the November 2001 revision to the ESEE Findings and Decision the site has been made a part of the unincorported community boundary of Black Butte Ranch so that the site will be operated consistent with the zoning designations of the Black Butte Ranch Resort Site # 316 — Revised ESEE 1 File No. PA -98-5 & TA -98-9 EXHIBIT "E" TO ORDINANCE NO. 2001-047 (11/28/01) Community. APPLICABLE CRITERIA Criteria applicable to this decision are Statewide Planning Goal 5, its implementing rule, OAR 660-16-000, and the Deschutes County Year 2000 Comprehensive Plan, as amended, regarding surface mining goals and policies. HEARING AND EXHIBITS Prior to the hear-ing hearings in 1989 and 2001 on this site, a staff r-epeA was reports were prepared setting forth the site's aggregate resources and conflicting resource and use values. The report, which was entered into the record at -the hear-ing hearings before the Board, identified conflicting resources and uses and their impacts and evaluated the economic, social, energy, and environmental consequences of protecting the mineral resource or in the alternative, protecting the conflicting values or uses. In addition, the report of an appraiser hired by the County describing the site and its surroundings was entered into the record for the 1989 hearing. In 1989, testimony at that ice: Testes was also received from a representative of the Black Butte Ranch Homeowner's Association and four neighboring property owners in the Black Butte Ranch Development. A list of the contents of the record is appended hereto as Exhibit A. ESEE FINDINGS AND CONCLUSIONS Inventory. The County's Goal 5 mineral and aggregate inventory establishes that the entire site has 7 million cubic yards of sand and gravel meeting ODOT specifications. Information in the file at the time of the November 2001 hearing estimates the following quantities of material in the western 38 acres of tax lot 202• Estimate of Available Materials Amount (cubic yards) Overburden _ 100,000 Crushable to ODOT Specifications 220,000 Commercial Grade 1/4" -minus 110,000 Crusher Reject 210,000 Trench Backfill _ 660,000 Total 1,300 000 2. Site Characteristics. Site 316 is an existing gravel mine located roughly one mile south of Highway 20 just northwest of Black Butte Ranch. The site is natural fer-est 1 Site # 316 — Revised ESEE 2 File No. PA -98-5 & TA -98-9 EXHIBIT "E" TO ORDINANCE NO. 2001-047 (11/28/01) t forestland, except where there has been excavation. The forest in the area is predominately ponderosa pine forest. The site is located withi adjacent to the Deschutes National Forest and that has a number of existing gravel pits and in an active logging area. Directly to the east and south of the site is Deschutes National Forest Land. To the west of the site is privately held forest land forestland. Diagonally to the s • th within 1500 r + +The northwest corner of the Black Butte Ranch resort development is coincident with the southeast corner of the mining site. Zoning maps show that numerous homesites in the Black Butte development fall within the eeehalone half mile impact area. The aggregate site has been tely 1985, the site wasesed in eennee with a highway used continuously since the original development of Black Butte Ranch aeleyfor Ranch purposes. The developer of Black Butte Ranch used the aggregate for the construction fieb. Thes eenfli_ fi + ti + whether the site was exea-vat was L V 11111 C fflaterial. All agfeed that the site was at least used fer preeessing efe3feavated Material dering that of the resort and associated highway access points It has also been used intermilttenly for disposal of ranch debris and effluent sludge disposal from Black Butte Ranch's sewer treatment plant. The record in the file also indicates that resource material from the site has historically been used for road construction on adjacent forest service lands and for emergency road repair work on Highway 20 However It is not a commercial operation and lacks the necessary land use approvals to operate commercially. There has been ne tise � +, site eft e e that time. V U1�V There was testimony that during the 1945 eenstriaefienjeb invelvingt + the noise dust and traffic resulting from activities at the site adversely affected the quality of life for of the residents in the area northwest corner of Black Butte Ranch. Residents have testified that noise from previous operations were disruptive from a distance of at least 1500 feet. There was no testimony about whether or not complaints had been made to DEQ to abate possible noise violations. The Forest Service pit to the south is limited to extraction of 10,000 cubic yards per year, unless an environmental assessment is performed. The owner -Forest Service ems -site anticipates that 4 -this site would be used only occasionally due to its location, but expects that any contractor doing a job in the area would be interested in the site. 3. Conflicts analysis. a. Goal 5 Conflicts Resources Site # 316 — Revised ESEE File No. PA -98-5 & TA -98-9 EXHIBIT "E" TO ORDINANCE NO. 2001-047 (11/28/01) Wildlife habitat. The Department of Fish and Wildlife has determined that this site lies within a deer use range with a high frequency of use. This resulted in a winter closure requirement in the 1990 ESEE for this site between December 1 and April 30. In 1992, the County made a finding that ODFW had determined that this site is not in a deer winter range. (Seep 42 Ord No 92-044.) Accordingly, although the County reaffirmed its zoning of the site for surface mining at that time, the requirement for winter closure was specifically deleted from the Program to Meet the Goal. 2. Scenic.ltheiagh thstaff _epei+ 'thea.+_ that th_, The site has scenic value for rt7r high visual quality standards by the U.S. Forest Service. However, the site is not adjacent to the Highway 20 corridor LM zoning, the LM zoning along Highway 20 specifically leaves this property out. 3. Historical. Although the staff report for the 1989 hearing mentions that the old Santiam Road runs close by this site, this appears to have been in error. Conflicts Based upon the staff analysis of surface mining impacts on Goal 5 resources, the Board finds the conflicts and impacts of surface mining at this site to be as follows: Impacts on deer would include destruction of cover and food sources by excavation, surface disturbance, adverse impacts on forage from dust, interference with migration routes by surface disturbance and construction of structures and access roads, and an increased risk of being hit by trucks and other vehicles serving the mining site. The effect would generally be to displace deer from such areas or to curtail their use of the area. Due to intermittent use of this site, such impacts would not be severe. b. Land Use Conflicts. Land Uses Land uses on the zoning at and surrounding the site are set forth in Appendix " to th-e s+aff--epei4.on the Deschutes County Zoning Map In summary the site is contiguous to the northwest corner of Black Butte Ranch, which is zoned Resort District and is adiacent to the proposed Black Butte Ranch —Utility/ Limited Use Combining District.-. The istrict - The site is otherwise surrounded by U.S. Forest Service lands and private timber company holdings. Conflicts The Board finds that conflicts with the uses at the site and in the surrounding zones would include: Site # 316 — Revised ESEE 4 File No. PA -98-5 & TA -98-9 EXHIBIT "E" TO ORDINANCE NO. 2001-047 (11/28/01) At the site There would be no conflicts at the site given that the site is zoned for surface mining. Surroundingzones (RR 1 9Resort District, Black Butte Ranch Utility/ Limited Use Combining District, F-2) (1) The impacts of noise (including heavy equipment, truck traffic, blasting, processing, and drilling) on persons dwelling in or patronizing noise -sensitive uses in the surrounding zoning. All uses in the surrounding zones would be conflicting, except utility uses, other mining uses, forest product processing uses, landfills, personal use landing strips and race tracks. Existing residential development to the southeast in the Black Butte develepmeifit. eetild Ranch will likely be adversely affected by noise. Area residents testified in 1989 that the noise from previous operations at the site were disruptive, to even as far away as 1500 feet. (2) The impacts of dust on dust -sensitive uses. The Board finds that all commercial, residential, park or community -type uses are dust -sensitive uses due to the potential health impacts of dust on occupants and patrons and the general nuisance associated with dust. The levels of conflict in this regard would be similar to that set forth under noise impacts above. Der-ing the hearing en this site In the adoption of the original ESEE, neighbors testified that current operations create bothersome dust conditions. Similar conditions would be expected if mining were to occur within 1500 feet of the residents in the northwest corner of the Black Butte Ranch. or employees residingin 'n employee housing. (3) The impact of truck traffic on roads and on public safety, particularly as truck traffic affects the safety of residential neighborhoods and community centers. Access to this site is off Highway 20 and not through the Black Butte development. There was no specific testimony that traffic adversely impacted the residents of the development. (4) The impact to aesthetic values, due to dust, physical scarring of the landscape and the introduction of an industrial -type use into a rural setting. This would affect primarily residential uses and park -type uses. There was ne evidenee presented that this site is visible fieffi existing heines ift the e&ea. Those residences in the northwest corner of Black Butte Ranch would be aesthetically impacted by any mining activity on the eastern half of the site. Site # 316 — Revised ESEE File No. PA -98-5 & TA -98-9 EXHIBIT "E" TO ORDINANCE NO. 2001-047 (11/28/01) The Board finds that the uses identified above., as conflicting uses are conflicting in that full protection of those uses would preclude zoning for surface mining or place limitations on such mining. 4. Current Mining Use of Site. The Board finds that surface mining is a current or previous use fA on a portion of the site and could possibly continue within any valid existing DOGAMI or County permit area regardless of whether or not tris the entire site is zoned in the Goal 5 process. , Therefore, the relevance of the ESEE discussion below is primarily whether any c ����• •- `� la b ll a t t �Yuiauavaa vv site and whether the site is important enough that limitations should be placed on existing and potential land use conflicts. As stated above, DOGAMI concluded in 1999 that the exempt area covers approximately 8.6 acres and a permit from DOGAMI is necessary once the mining area has expanded by five acres outside this area In addition site plan approval will need to be obtained from Deschutes County for mining that exceeds the exempt area by five arces. The owner will need to submit a site plan application and meet the applicable provisions in the County's zoning ordinance to fulfill this requirement. Resource Conflicts Protection of Aggregate Resource 5. Economic Consequences. Economic consequences could be significant if they result in a reduction 1fi not have .. aa..aa .. vua al uv ++ 1. d + them. uv Ee.,...,aaaa „ ,la . L.. of mua see ' L, � �vaauva�.iuviac� a .aa� �, � •eR7-LTT'LTTGQa Z[GfiCIeit2ll tourists who might be dissuaded from coming to the area if this site aleng with etheF This could be an important consequence, given the site's proximity to the Black Butte reset Ranch, which is a major resort area in the County. Nething in the r-eeefd suggests that Any mining on the eastern most portion of the site can be seen ftem the would likely have an aesthetic impact on Black Butte d< el t,hewev residents and visitors. 6. Social Consequences. The Board finds that the social consequences of protecting the mineral resource over the other natural resources would be negative. Surface mining would have negative impacts on the wildlife attributes of the area. The Board finds, however, that the impact of the surface mine would be reduced by the fact that the site has already been partially mined affi., that mining activity at the site is not continuous and that mining activities can be limited to a portion of the site that is at least 1400 feet from the nearest residence, except for employee housing that may be located in the future in Site # 316 — Revised ESEE 6 File No. PA -98-5 & TA -98-9 EXHIBIT "E" TO ORDINANCE NO. 2001-047 (11/28/01) the adiacent Utility/Limited Use Combining District. Mining activity will be mitigated through site plan review for this use. 7. Environmental Consequences. The Board finds that allowing surface mining activities would have adverse environmental consequences on wildlife habitat. Surface mining activities would reduce the available cover and forage at the site, which would cause increased competition among deer for the remaining forage and cover. Some wildlife would be forced to leave the area to find other food sources and cover, thus adding more competition in other areas for these resources. Increased truck traffic associated with mining activities could increase the mortality rate for the areals area wildlife. SeeHie In some cases over the long term surface mining can be beneficial to environmental values in that it gives an opportunity for a site already desecrated by the actions of man or otherwise lacking in natural values to be improved as part of the reclamation process. There is no evidence to suggest that this is one of +,.,..,,6inst,,n those instances. The area is natural in appearance, except for the excavated area and is vegetated with ponderosa pine and bitterbrush. 8. Energy Consequences. The Board finds that the energy consequences of protecting the mineral resource over the other natural resources would be to increase the energy consumption at the site due to fuel expenditures needed to run the heavy equipment and processing equipment as well as the fuel expended in transportation of the product to its end use. gueh While such energy use would be bound to occur in any event, the fact that the aggregate is now being mined solely for Black Butte Ranch use transportation impacts are minimal. Adequate on site space for equipment storage will further mitigate energy consumption. Aggregate is a resource that is needed in the County and failure to protect the mineral resource at this site would only mean that such energy use would occur elsewhere. The Board finds thm this site is leeated in elese pr-e�dfflity te Highway 20 end weUld likely e be used in near -by Highway 20 eefistpaefien jobe. The Board finds generally that preservation of this site would have the effect of reducing overall energy consumption by ,.,,a,,, iag the dist ee thM aggregate -Mate--ials __ __,a L____ ML111G Lllt Protection of Goal 5 Resources 9. Economic Consequences. Protection of the wildlife, scenic, and recreational resources would preclude or limit mining at the site. The Board finds that, as reflected in the goals and policies statement of the County comprehensive plan, the County consumes 2 million cubic yards of aggregate materials Site # 316 — Revised ESEE 7 File No. PA -98-5 & TA -98-9 EXHIBIT "E" TO ORDINANCE NO. 2001-047 (11/28/01) each year. Under the laws of supply and demand, failure to protect sufficient amounts of aggregate for the 20 -year planning cycle will result in an increased cost in aggregate resources. Increases in aggregate costs would in turn result in increased construction costs. To the extent that aggregate would need to be hauled in from outside the area, the cost of aggregate would be increased by haulage costs, which the Board finds to be at a rate of .22 per ton mile. The Board finds there to be a total of 73,538,000 cubic yards of sand, gravel and rock in the County, accounting for the inventoried amount of sand, gravel and rock and the amount of those materials located at sites within the urban growth boundary. The Board finds that virtually all sites have either resource or land use conflicts with surface mining. Consequently, if more than 46% of the aggregate sites were to be eliminated due to resource or other conflicts, the County would not have preserved sufficient aggregate to meet its needs. The Board finds that this particular site standing alone is not essential to meeting the County's aggregate needs; however it also recognizes that if enough other sites are eliminated due to conflicts, it could be. In addition, costs of transportation within the county is an important factor. Preservation of the aggregate resource at this particular site can have positive economic consequences in this regard. Transportation costs for aggregate are $.22 per ton mile. Given the cost of aggregate, such transportation costs can double the price of aggregate if aggregate must be hauled 10 to 15 miles from its point of use. The Board finds that this site is Ieeated elese te Highway 20 eAid eeuld be used fer- aggregate material en stieh jebs at a i — . eest ever used by Black Butte Ranch for internal road construction and improvements. Therefore, periodic mining of a portion of this site will prevent material to -be being hauled in from further away. Finally, the Board finds that the economic impacts of failure to preserve sufficient aggregate reserves are not readily mitigated. As with any mineral resource, aggregate is locationally dependent. It is a finite resource and new sources of supply cannot be created by man. 10. Social Consequences. Preserving the natural resources at the site could have negative effects on the general welfare of the County if insufficient amounts of aggregate are preserved. Regardless of the amount of supply readily available, there will always be a - demand for aggregate resources. Roads and highways in the area would still need improvement and maintenance. A deterioration of the County's roads and streets would negatively impact the fiveability livability and quality of life in Deschutes County. The Board also recognizes the social consequences of increased building costs that can result from a shortage of readily available aggregate. If aggregate from this site were not available to Black Butte Ranch, its needs would add to the countywide demand for quality aggregate. 11. Environmental Consequences. Protection of the natural resources could preclude mining at the site or limit such activity. The noise, dust, traffic, human presence, scarring of the landscape and disruption of habitat and food sources associated with surface mining is Site # 316 — Revised ESEE 8 File No. PA -98-5 & TA -98-9 EXHIBIT "E" TO ORDINANCE NO. 2001-047 (11/28/01) inimicable to the protection of wildlife values. Therefore, protection of the natural resources by precluding or limiting mining would have positive environmental consequences. As with the mineral resource, wildlife resources are often limited by locational factors. Wildlife habitat is continually shrinking in the face of increased development and cannot be replaced. The environmental consequences in this case would be mitigated by the intef ^itt both the infrequency and limited area of use of the site. 12. Energy Consequences. As mentioned above, the energy consequences of protecting the natural resource values of this site and ethers like it eleso to ~~arra* afeas would likely involve increased haulage distances. The Board finds that protection of natural resource values at the site would have negative energy consequences. 13. Relative Values of the Conflicting Resources. The Board finds that, based upon the ESEE consequences -discussed above, the aggregate resource and the conflicting Goal 5 resources are important relative to one another. This finding is based upon the following facts: (a) Adequate local supplies of aggregate are important to the Deschutes County economy. (b) Considering the quantity, quality, and location of this site close to the Highway A eerier end use, Black Butte Ranch, and the cost of transporting aggregate, this is an important aggregate deposit. At 7 million cubic yards, this is one of the larget deposits in the County. (c) A portion of -Tthis site is an existing mining site. (d) Deer habitat is continually shrinking in the face of new development and cannot be replaced. Therefore, the Board finds that both the aggregate resource and the conflicting natural resources should be protected. Accordingly, the Board finds that under OAR 660-16- 010(3), protection of the aggregate resource shall be limited by protection of the natural resources. Conflicting Uses Protection of Mineral Resource 14. Economic Consequences. The economic consequences of protecting the aggregate resource relates to the impacts of surface mining on adjacent uses, the value of aggregate as a commercial commodity and the impacts of protecting employment in the mining industry and the development opportunities foregone by development of the site. Site # 316 — Revised ESEE 9 File No. PA -98-5 & TA -98-9 EXHIBIT "E" TO ORDINANCE NO. 2001-047 (11/28/01) xxn.�e The impacts of surface mining may in individual eases haixe a sheA tefm impact on property values of surrounding properties, tfefid analysisf-ethea HIAA {.LJJ VJ��[3 ef speeifie par -eels eithef adjaeent te ef within ene half fflile ef beth existing eAid petefitw suffaee fflifies indieates that there was fie dfastie fluetuatietta in these pfepefty values.. This same aftalysis shews that thefe has been ne appfeeiable deehiie in sales ef these-ef 1 • ei4y values-.. ------------ lafge r „b elese v esva4 sites This site is contiguous to one of the county's premier destination resorts that provides significant revenues in local governments with limited public expense for roads schools or law enforcement. The resort brings in over four million dollars in tax revenues per year. Over 42% of these revenues support School District No 6 while the resort only contributes a low number of students. Tourism and recreation are increasingly important is to the economy of Deschutes County, and the mining impacts en s eh sites of this site could adversely effect that sector due to Black Butte Ranch's close proximity to the site. The board finds that the rg aetivities at thisld have some L negative . )aets en the ability te utilize this pr-epei4y fer- other -uses. There is tie shei4age of land in ;w-. County available fer- develepfflent fer- the uses allewed in the zene, while the tfansifienal use, and after- r-eelafflafiefl the land sur-faee weeld theft beeeme Wffiaflfflb.]�-. fQf: ether -uses. economic impact on the ranch due to mining activities can be adequately mitigated by limiting mining to the western portion of the site 15. Social Consequences. Preserving this site for the production of mineral and aggregate resources would have a major impact on the quality of life associated with the other land uses in the area. The negative impacts of noise, fugitive dust emissions, and increased truck traffic would adversely impact the livability, scenic quality and compatibility of other uses in the vicinity of the project. These impacts were testified to by the neighbors of the existing sites. Such impacts may be mitigated, however, through environmental controls on the mining operation and by limiting the area to be mined._ Site plan review for employee housing, in addition to a minimum setback of 250 feet will determine if additional measures are needed to mitigate the impacts of mining on this use 16. EnerConsequences. The Board finds that preserving this site for the production of minerals would have overall positive energy consequences. As stated above, the energy consumed on site by mining equipment is likely to occur at some mining site in any Site # 316 - Revised ESEE 10 File No. PA -98-5 & TA -98-9 EXHIBIT "E" TO ORDINANCE NO. 2001-047 (11/28/01) event, as there is a basic need for such resources. Haul distances to wba ....,...'_„t afeas are minimum due to consumption by Black Butte Ranch. To the extent that surface mining would preclude or discourage development of the surrounding rural lands, the energy consequences would likewise be positive. 17. Environmental Consequences. The Board finds that protecting the site for mining would have the same environmental consequences set forth under paragraph 7 above. The Board further finds that such impacts can be mitigated. Protection of Conflicting Land Uses 18. Economic Consequences. Most of the uses in the surrounding zoning designations are classed as noise sensitive uses for purposes of DEQ noise regulations. In addition, conflicts arise due to the impacts of dust and changes in the landscape. Protection of surrounding conflicting uses can have the effect of precluding or limiting further surface mining activity due to noise regulations. Likewise, dust, traffic and aesthetic impacts place constraints on surface mining operations amongst conflicting land uses. While the elimination of part or all of any one site (except R.L. Coats's site No. 308 in 17-12-18 of 10 million cubic yards and Willamette indust figs' Taylor and Sons's Sites 441-443) would not significantly impact the total supply of aggregate in Deschutes County, if every site with conflicting uses were eliminated for that reason, Deschutes County would be unable to meet its aggregate needs. Almost every aggregate site has some degree of conflict with surrounding land uses. In light of that fact, each aggregate site takes on importance, as cumulatively, individual sites with conflicts could be eliminated and prevent the County from meeting its aggregate needs. At 7 million cubic yards, this site is amongst the largest in the County. In addition, there is the further economic consequence discussed above of failing to protect sources of aggregate that are located close to their points of use. In this case, the resource is . will be solely used by Black Butte Ranch. 19. Social Consequences. The Board finds that the social consequences of allowing incompatible development to preclude the use of all or part of this site would be the same as those under the natural resource discussion above. 20. Environmental Consequences. The environmental consequences of protecting land uses at the site and surrounding land uses is mixed. Protecting the conflicting land uses could well preclude mining at the site. This would have positive environmental consequences in that the noise, dust, traffic, and aesthetic impacts associated with surface mining would be prevented. However, protecting the conflicting land uses, can also have negative environmental impacts. Thus, if the site and surrounding areas become further developed, those uses, too, can have a detrimental impact on wildlife habitat, reducing the overall supply of food and cover and increasing competition for adjoining Site # 316 — Revised ESEE 11 File No. PA -98-5 & TA -98-9 EXHIBIT "E" TO ORDINANCE NO. 2001-047 (11/28/01) undeveloped habitat. Likewise, scenic values could also be negatively affected by increased residential development. 21. €tereff Energy Consequences. Allowing development that would preclude or curtail mining at this site would create greater energy consumption because needed mineral and aggregate resources needed by Black Butte Ranch would have to come from sites located further away. , ' 22. Relative Values of Aggregate Use and Conflicting Uses. Based upon the analysis of the ESEE consequences of protecting the identified conflicting uses and protecting the mineral resource and the relative weight of the conflicting uses and the mineral resource, the Board finds that with respect to existing development both the mineral resource and the conflicting resources and uses are important relative to one another. This finding is based upon the following facts: (a) Adequate local supplies of aggregate materials are important to the economy of Deschutes County; (b) Aggregate resources are a locationally dependent resource and are in limited supply in the County. The large size and quality of this deposit make it an important resource. (c) The site is contiguous to Black Butte Ranch who will utilize the aggregate. This is an important factor given the .22 per ton mile cost for hauling aggregate. (d) Existing residential use at the Black Butte Ranch development is a well established residential and resort community occupied by full or part time resi- dents. That development has been carefully planned to provide recreational and scenic amenities to its residents. Individuals purchasing property in that development have done so with economic, quality of life, and health and safety expectations. (e) Resort areas such as Black Butte r-esert Ranch are important to the Deschutes County economy. (f) Even by limiting mining activity to the western portion of the site the remaining aggregate, approximately one million cubic Yards constitutes approximately a 200 year supply for Black Butte Ranch Accordingly, the Board finds that pursuant to OAR 660-16-010 it will limit the use of the mineral resource and the existing conflicting uses surrounding the site in favor of each other. Site # 316 — Revised ESEE 12 File No. PA -98-5 & TA -98-9 EXHIBIT "E" TO ORDINANCE NO. 2001-047 (11/28/01) Potential development in the impact area is not significant enough to be a use that would liffii4 eliminate the use of the aggregate resource at this site. Displaeed ffit•re t1ses, if any, theffi to eeeur-fid„ near- this site."`-`s_likely that all �r etoTtial-CCZfl2Ctiig"RsGTITtTLBiTC�S develepffle However, the existing conflicting uses surrounding the site outweigh any energy, environmental and social benefits of mining the entire site. By limiting activity to a western portion of the site the aggregate and its benefits are preserved yet neizative impacts on surrounding uses are mitigated. PROGRAM TO MEET THE GOAL 23. The Board finds that in order to protect both the aggregate resource and the conflicting resources and uses, the exisfiiig SM zening site will be fliaintaiffM included in the Black Butte Ranch Resort Community. The western most portion of the site consisting of 38 acres, has been partially mined and can be further mined without significant impacts on Black Butte Ranch. Consequently, that segment will be zoned BBR-SM Mining in excess of five acres outside the 8.6 -acre area exempt from a DOGAMI permit will require both a permit from DOGAMI and site plan approval from Deschutes County_ The remaining eastern portion of the site adjacent to Black Butte Ranch will be zoned Black Butte Ranch —Utilitv/Limited Use Combining District. The entire site will remain on the County's inventory, subject to the following ESEE conditions: (a) Only the western most 38 acres of the site will continue to be mined (b) Setbacks shall be required for potential conflicting residential and other development. A minimum 50 -foot setback shall be maintained from the perimeter of tax lot 202 for all surface mining activity. (c) Noise impacts shall be mitigated by buffering and screening. (d) Hours of operation shall be limited to between 7:00 a.m. and 6:00 p.m. weekdays. No operations shall be allowed on weekends and holidays. (e) Processing shall be limited to 45 days in any one year, to be negotiated with Deschutes County in the site plan process in consultation with the Oregon Department of Fish and Wildlife (ODFW). ifl The iidi ens set r .at, i the A t 10, 1989, lettef- f ODFW shall be adhered di_ _ d V JV1. 1V1 L1 , , to-. (gf Extraction at the site shall be limited to five acres at a time with on-going incremental reclamation (subject to DOGAMI review and approval). (hg) Mining operations, siting of equipment, and trucking of product shall be Site # 316 — Revised ESEE 13 File No. PA -98-5 & TA -98-9 EXHIBIT "E" TO ORDINANCE NO. 2001-047 (11/28/01) conducted in such a manner that applicable DEQ standards are met and minimizes noise and dust. (h) DOGAMI requirements for a permit once mining affects more than 5 acres outside the 8.6 -acre exempt area shall be met Site Plan approval shall be obtained from Deschutes County, under the provisions of chapter 18.52, Surface minim of the Deschutes County Code before mining activity affects more than five acres outside the 8.6 -acre exempt area The Board finds that processing on site will be allowed, subject to the conditions described above. Conflicting Resources 24. The Board finds that surface mining use of the site s44 will be limited by conflicting natural resource considerations by limiting mining to the western portion of the site the provisions for screening and buffering to mitigate noise impact, the restrictions on winter processing, the hours of operation, the 5 - acre limit on excavation, and the reclamation plan conditions. The Board finds that the screening and buffering provisions of the Deschutes County Zoning Ordinance, as amended by ordinance 90-014, meet the ESEE screening and buffering requirements. The Board finds that such mitigation will not prevent the County from achieving its goal of protecting mineral and aggregate resources, since the site will be allowed to be mined. Mineral Resource 24. The Board will protect the mineral or aggregate resource by zoning the site western most 38 acre portion of the site BBR-SM/LU Combining District to allow for surface mining and subsequent activities. The Board finds that Self "" llb Vi Nlin a 90 044-, adept"a pai4 eft f f " e -, the BBR r "" 1 " '"''"'"� -'� -- -SM/LU zone allows mining activities such as extraction, processing, crushing, batching, and other mining -dependent uses as permitted or conditional uses and activities in the zone. Conflicting uses, such as residential uses that would irretrievably commit surface area to other uses and otherwise conflict with surface mining are not allowed uses in the zone. Agricultural and forest uses are allowed in recognition that such uses can occur without irretrievably committing the property to uses other than surface mining. In this manner the surface area of the mineral or aggregate resource is protected against establishment of uses that would prevent mining of the mineral or the aggregate in the future. Such protection advances the goal of protection of sufficient mineral or aggregate resources to meet the County's mineral or aggregate needs. 25. The Board finds that imposition of a Surface Mining Impact Area (SMIA) combining zone as a one-half mile buffer surrounding the SM zone, as set forth in Surface Mining Ordinance 90-014, will further protect the aggregate resource and the Board so zones the one-half mile area surrounding the SM zone, except to the extent that such buffer area Site # 316 — Revised ESEE 14 File No. PA -98-5 & TA -98-9 EXHIBIT `B" TO ORDINANCE NO. 2001-047 (11/28/01) would extend inside an adjoining county or the urban growth boundary of the City of Bend or Redmond. The Board finds that the SMIA zone limits conflicting uses as follows: (a) New conflicting "noise -sensitive" and "dust -sensitive" uses, as defined in Title 18 of the Deschutes County Code (Zoning Ordinance) such as single-family dwellings, or other structures used for sleeping, maybe sited within the SMIA zone only if the applicant has signed a waiver of remonstrance precluding protest of any surface mining activities, and closer than one-quarter mile to storage and processing sites only if the applicant can demonstrate that the proposed use will not cause a mining operation to violate the siting standards; and (b) In all cases new conflicting "noise sensitive" and "dust sensitive" uses must be located no closer than 250 feet to an SM zone. The Board finds that these provisions satisfy the ESEE condition that residential and other developments be subject to setbacks. The Board finds that such a provision is sufficient to protect the aggregate resource from conflicting future development. 26. The Board finds that, in combination with the action taken on other aggregate sites, zoning the western section of the site for surface mining and p--etee ng the site ffeffl futures,.,, ffe ,thin eenflied.ffig l fld ,,,.,. ----� s, the G y awhile allowing the eastern portion to be zoned Utility/Limited Use Combining District the County satisfies its goal of preserving sufficient aggregate resources to meet the needs of the County have been met. Land Uses 27. Existing conflicting land -uses, including residential uses and recreational uses, are protected by the requirement that continued mining is limited to the western most 38 acres of the site, that any expansion of existing surface mines meet screening requirements, and by the setback requirements, noise standards, limits on the maximum area of surface disturbance and other limitations found in the ESEE conditions and the zoning ordinance as applied to this property. The concerns of Black Butte residents have specifically been taken into account by only allowing mining on the western most 38 acres of the site by limiting the number of days that processing can occur, by specifying limited hours of operation, and by specifying that processing equipment shall be established in areas that will minimize noise from processing. In any event mining operations are required to meet DEQ noise standards. Site # 316 — Revised ESEE 15 File No. PA -98-5 & TA -98-9 EXHIBIT "E" TO ORDINANCE NO. 2001-047 (11/28/01) EXHIBIT "F" —1. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Tom De Wolf, Chair Dennis R. Luke, Commissioner Michael M. Daly, Commissioner ATTEST: Recording Secretary Dated this _ day of December, 2001 Effective Det.: March 2002 BLACK BUTTE RANCH RESORT COMMUNITY /V PARCELS COMPREHENSIVE PLAN MAP Q BLACKBUTTE RANCH RESORT COMMUNITY BOUNDARY BLACK BUTTE RANCH COMPREHENSIVE PLAN DESIGNATION Exhibit "F" to Ordinance 2001-047 Q RESORT COMMUNITY De uto county / N w E .y q S 2000 0 2000 Feet BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Tom De Wolf, Chair Dennis R. Luke, Commissioner Michael M. Daly, Commissioner ATTEST: Recording Secretary Dated this _ day of December, 2001 Effective Det.: March 2002 N -a ® INN OF THE TTN MIN / W IGGI CREEK RESORT BOIWDFRY QI- OF THE TTN MrN I WIDGI CREEK RESORT COM ir1Y aOUNMRY IMI OF TRE TTI ATN I WIDGI CREEK RESORT COMAINITY CCAPREHENSNE GL4N DESIGNNTION RESORT COMM ,w DeschUteS Courtly comrll-NnM DW1Q1WiIrlt EXHIBIT "G" INN OF THE 7TH MOUNTAIN / WIDGI CREEK RESORT COMMUNITY COMPREHENSIVE PLAN MAP Exhibit "GF to Ordinance 2001-047 N W+E S 1000 0 1000 Feet BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Tom De Wolf, Chair Dennis R. Luke, Commissioner Michael M. Day, Commissioner ATTEST: RemrdiN Secretary Dated this _ day of December, 2001. Effective Date: March _, 2002. EXHIBIT "H" STAFF REPORT UNINCORPORATED COMMUNITIES BLACK BUTTE RANCH AND INN/WIDGI OF THE SEVENTH MOUNTAIN/WIDGI CREEK RESORT COMMUNITIES FILE NUMBERS AND ORDINANCE NUMBERS: PA -98-5 and TA -98-9 Ordinance 2001-047 amending the Rural Development Section of the Growth Management chapter of the Deschutes County Comprehensive Plan to add Findings and Polices for the unincorporated communities of Black Butte Ranch and the Inn of the 7' Mountain/Widgi Creek. Ordinance 2001-047 amending the Deschutes County Comprehensive Plan map to adopt a new comprehensive plan map for the unincorporated communities of Black Butte Ranch and the Inn of the 7t' Mountain/Widgi Creek. Ordinance 2001-048 amending Title 18 of the Deschutes County Code, to add chapter 18.110, Resort Community Zone, and amend chapter 18.04, Definitions. Ordinance 2001-048 amending Title 18 of the Deschutes County Code, to adopt a new zoning mag for the unincorporated communities of Black Butte Ranch and the Inn of the 7 Mountain/Widgi Creek Resort Communities. BOARD OF COUNTY COMMISSIONERS HEARING DATE: November 28, 2001 APPLICANT: Deschutes County PLANNING STAFF: Christy Morgan, Associate Planner Dave Leslie, Senior Planner Catherine Morrow, Principal Planner REQUEST: The County proposes to amend the Deschutes County Comprehensive Plan and implementing land use regulations in the County Code for the unincorporated resort communities of Black Butte Ranch and the Inn of the 7`h Mountain/Widgi Creek. SUMMARY: This staff report has four sections. The first section provides findings to support new descriptive text and development policies in the Deschutes County Comprehensive Plan specific to the unincorporated communities of Black Butte Ranch (the Ranch) and the Inn of the 7' Mountain/Widgi Creek (Inn/Widgi). The second section provides the Exceptions Findings to Goal 4 for the Ranch and the Inn/Widgi. The third section provides findings for comprehensive plan and zoning amendments to comply with Oregon Administrative Rules (OAR), Chapter 660, Division 22, the state administrative rule for unincorporated communities. The fourth section provides explanation of changes to Title 18 of the County Code, the Deschutes County Zoning Ordinance, to implement the comprehensive plan policies. Staff Report — File No. PA -98-5 and TA -98-9 PAGE 1 of 29— EXHIBIT "H" to ORDINANCE No. 2001-047 (11/28/2001) EXHIBIT "H" PROPOSED AMENDMENTS TO TITLE 23, DESCHUTES COUNTY COMPREHENSIVE PLAN & MAPS. The following Chapters of the Deschutes County Comprehensive Plan have been added or amended and are attached as exhibits to Ordinance No. 2001-047. 1. Chapter 23.12.010, Definitions (Exhibit "A") 2. Chapter 23.36, Unincorporated Communities and Resort Communities text (Exhibit `B") 3. Chapter 23.44.110, Black Butte Ranch and Inn of the Seventh Mountain/Widgi Creek Exceptions Statement (Exhibit "C") 4. Goal 5 Inventory (Exhibit "D") 5. ESEE (Exhibit `B") 6. Map — Black Butte Ranch Resort Community Comprehensive Plan (Exhibit "F") 7. Map — Inn of the Seventh Mountain/Widgi Creek Resort Community Comprehensive Plan (Exhibit "G") PROPOSED AMENDMENTS TO TITLE 18, DESCHUTES COUNTY ZONING ORDINANCE & MAPS. The following Chapters of the Deschutes County Zoning Ordinance have been added or amended and are attached as exhibits to Ordinance No. 2001-048. 1. Chapter 18.04.030, Definitions (Exhibit "A") 2. Chapter 18.110, Resort Community Zone (Exhibit `B") 3. Chapter 18.12.010, Establishment of zones (Exhibit "F") 4. Map — Black Butte Ranch Resort Community Zoning (Exhibit "C") 5. Map — Inn of the Seventh Mountain/Widgi Creek Zoning (Exhibit "D") 6. Map — Wildlife Area and Forest zone boundary adjustments (Exhibit `B") 7. Map — Combining Zones, Black Butte Ranch Resort (Exhibit "G") 8. Map —. Combining Zones, Inn of the Seventh Mountain / Widgi Creek Resort (Exhibit "H") Chapter 18.110 has been developed specifically for the Ranch and Inn/Widgi resort communities to provide land use regulations in accordance with the comprehensive plan policies added to the comprehensive plan for these two unincorporated communities. BACKGROUND As part of Periodic Review, Deschutes County began the unincorporated community planning project for the Ranch and Inn/Widgi in April 1998, to bring their land use mapping and development regulations into conformance with state rules for unincorporated communities. With the adoption of Ordinance 2001-047 & 2001-048, Deschutes County will have comprehensive plan and zoning maps, comprehensive plan policies and zoning standards for both communities conforming to OAR 660, Division 22. The County will also adopt findings contained in the staff report to demonstrate that the Resort Community designation and development policies and regulations for both areas comply with the state rules for unincorporated communities set forth in OAR 660, Division 22. The documents and findings Staff Report — File No. PA -98-5 and TA -98-9 PAGE 2 of 29 — EXHIBIT "H" to ORDINANCE NO. 2001-047 (11/28/2001) EXHIBIT "H" will then be submitted to the state for acknowledgement (approval) of the Land Conservation and Development Commission (LCDC). In addition, both communities are requesting an exception to statewide planning Goal 4, concerning land designated for forest use. The Ranch is requesting that 83 acres presently zoned Surface Mining at the northwest corner of the resort be included in the resort boundary. A "needs" exception and supporting documentation have been prepared by the Ranch to justify the inclusion of this acreage. A "physically committed" exception will be taken for Inn/Widgi because this resort property is zoned F- 2 and an exception has not been taken in the past for this developed resort community. An amendment to the Wildlife Area (WA) combining zone map is an additional component of this proposal, that adds a WA overlay to Forest Service lands between the Deschutes River and Inn/Widgi resort, and deletes the WA overlay from a small portion of resort property. The Deschutes County Planning Commission held a public hearing on these proposed amendments on November 12, 1998 and voted to make a recommendation to the Deschutes County Board of County Commissioners (Board) concerning the comprehensive plan and zoning ordinance, as well as the corresponding maps. Since this hearing, staff has received additional information from the Ranch and as a result has made a few changes to these proposed amendments. Staff presented the changes to the Planning Commission at the November 8, 2001 meeting. The Board will hold a public hearing on November 28, 2001, to take testimony on the full package of amendments to the Deschutes County Comprehensive Plan and implementing regulations for the Ranch and Inn/Widgi Resort Communities SECTION 1: STAFF FINDINGS REGARDING TITLE 23, DESCHUTES COUNTY COMPREHENSIVE PLAN POLICIES The Deschutes County Comprehensive Plan designates the Ranch as a "rural residential exception area", while Inn/Widgi is designated as "Forest". The Comprehensive Plan does not currently address either of these communities in detail except for a brief reference to Inn/Widgi as a "destination resort". Although both communities function as destination resorts, they are not designated as Goal 8 Destination Resorts. Both communities have been identified as "unincorporated communities" under the Unincorporated Communities Rule, OAR 660-022-010(10) a, b, c, d and e. Of the four types of unincorporated community identified in OAR 660, it has been determined that the Ranch and Inn/Widgi should be designated as a "Resort Community". These two communities are the only communities the County will zone as Resort Communities under OAR 660-22. The recommended comprehensive plan policies for the "Resort Community" designation are as follows: BLACK BUTTE RANCH & THE INN OF THE SEVENTH MOUNTAIN/WIDGI CREEK POLICIES 1. Land Use Policies A. General Land Use Policies 1. Land use regulations shall conform to the requirements of OAR 660 Division 22 or any successor. 2. County comprehensive plan policies and land use regulations shall ensure that new Staff Report — File No. PA -98-5 and TA -98-9 PAGE 3 of 29 — EXHIBIT "H" to ORDINANCE NO. 2001-047 (11/28/2001) EXHIBIT "H" uses authorized within the Black Butte Ranch Resort Community and the Inn of the Seventh Mountain/Widgi Creek Resort Community do not adversely affect forest uses in the surrounding Forest Use Zones. 3. Designated open space and common area shall remain undeveloped except for community recreation uses. Areas developed as golf courses shall remain available for that purpose or for open space/recreation uses. 4. The provisions of the Landscape Management Overlay Zone shall apply in Resort Communities where the zone exists along Century Drive, Highway 26 and the Deschutes River. 5. Residential minimum lot sizes and densities shall be determined by the capacity of the water and sewer facilities to accommodate existing and future development and growth. 6. The resort facility and resort recreation uses permitted in the zoning for Black Butte Ranch and the Inn of the Seventh Mountain/Widgi Creek shall serve the resort community. B. Black Butte Ranch Policies: 1. The County supports the design review standards administered by the Architectural Review Committee. 2. Residential, resort and utility uses shall continue to be developed in accordance with the Master Design for BBR and the respective Section Declarations. 3. Industrial activities, including surface mining, shall only occur in the area zoned Black Butte Ranch Surface Mining, Limited Use Combining District (BBRSM/LU) located in the northwest corner of the Ranch. 4. Employee housing shall be located in the area zoned Black Butte Ranch-Utility/Limited Use Combining District (BBR-U/LU). 5. Any amendment to the allowable use(s) in either the Resort Community District or the Limited Use Combining District shall require an exception in accordance with applicable statewide planning goal(s), OAR 660-04-018/022 or any successor, and DCC 18.112 or any successor. C. Inn of the Seventh Mountain/Widgi Creek Policies: 1. Any amendment to the allowable use(s) in either the Resort Community District or the Widgi Creek Residential District shall require an exception in accordance with applicable statewide planning goal(s), OAR 660-04-018/022 or any successor, and DCC 18.112 or any successor. 2. Public Facility Policies A. General Public Facility Planning Policies Staff Report — File No. PA -98-5 and TA -98-9 PAGE 4 of 29 — EXHIBIT "H" to ORDINANCE NO. 2001-047 (11/28/2001) EXHIBIT "H" 1. Police protection services for both communities shall be provided under contract with the Deschutes County Sheriff. B. Black Butte Ranch: 1. The Ranch Water Distribution Company and the Ranch Corporation shall confirm that water and sewer service, respectively, can be provided for new uses or expansion of existing uses that require land use approval. 2. The Ranch Water Distribution Company shall provide water service for the Ranch. 3. Sewer service for the Ranch shall be provided by the Ranch Corporation. 4. The Ranch Rural Fire Protection District shall provide fire protection services for the Ranch. 5. The roads and the bicycle/pedestrian path system within the Ranch Resort Community boundary shall be maintained by the Ranch Owners Association. C. Inn of the 7"' Mountain/Widgi Creek: 1. Water service shall be supplied by on-site wells for the Inn/Widgi Resort Community. 2. New uses or expansion of existing uses that require land use approval shall be approved only upon confirmation from the City of Bend that sewer service can be provided. 3. Fire protection services for the Inn/Widgi shall be provided through a contract with the City of Bend until such time as Inn/Widgi develops another plan to provide adequate fire protection. 4. Roads in the community shall be maintained by the resort community, not Deschutes County. 5. The bicycle/pedestrian path system shall be maintained by Inn/Widgi Owners Associations. 6. Emergency access between Widgi Creek and the Inn of the 7d' Mountain shall be provided in accordance with the approved development plan for the Elkai Woods town homes. The respective resort property owners shall maintain emergency access between the Inn of the 7" Mountain and Widgi Creek. SECTION 2: EXCEPTIONS FINDINGS A. Exception Findings for Black Butte Ranch Staff Report — File No. PA -98-5 and TA -98-9 PAGE 5 of 29 — EXHIBIT "H" to ORDINANCE NO. 2001-047 (11/28/2001) EXHIBIT "H" I. Request Concurrent with the application to designate Black Butte Ranch (hereafter, the Ranch) a Resort Community pursuant to OAR 660-022, Deschutes County is proposing an amendment to the Deschutes County Comprehensive Plan to take an exception to Statewide Planning Goal 4, Forest Lands, for an 82 - acre piece of land identified as tax lot # 200 in Township 14S, Range 9E, W. M. The proposed exception area, identified on Figure 1, is contiguous with the northwest corner of the Ranch. The Goal 4 exception is required in order to include this land within the Resort Community boundary of Black Butte Ranch, as provided by OAR 660-022, Unincorporated Communities, and to allow future uses for Ranch operations, as detailed below, that do not comply with Goal 4. II. Criteria A. ORS 197.732(1)(c) — Goal Exceptions, Criteria, Rules, Review. B. OAR 660-004-0018 - Planning and Zoning for Exception Areas. C. OAR 660-004-0022 — Reasons Necessary to Justify an Exception Under Goal 2, Part II(c). D. OAR 660 -004 -0020(2)(a) -(d) - Factors in Goal 2, Part II(c), Exception Requirements. III. Findings A. ORS 197.732(1)(c) - Goal exceptions, criteria, rules, review (1) A local government may adopt an exception to a goal M. (c) The following standards are met: (A) Reasons justify why the state policy embedded in the applicable goals should not apply: (B) Areas which do not require a new exception cannot reasonably accommodate the use; (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 (D) The proposed uses are compatible with other adjacent uses or will be so rendered through measures designed to reduce adverse impacts. FINDING: The criteria for a "reasons" exception to Goal 4 are addressed in the findings below pursuant to OAR 660-004-0020, Goal 2, Part II(c), Exception Requirements and OAR 660-004-0022, Reasons Necessary to Justify an Exception Under Goal 2, Part II(c). Because the administrative rules in OAR 660-004 implement the state statute for exceptions, ORS 197.732, and are nearly identical in language to the statute language paraphrased in bold above, the findings below for this exception are based on the criteria and language in the rules. Staff Report - File No. PA -98-5 and TA -98-9 PAGE 6 of 29 — EXHIBIT "H" to ORDINANCE NO. 2001-047 (11/28/2001) EXHIBIT "H" B. OAR 660-004-0018, Planning and Zoning for Exception Areas (1) Purpose. This rule explains the requirements for adoption of plan and zone designations for exception areas. Exceptions to one goal or a portion of one goal do not relieve a jurisdiction from remaining goal requirements and do not authorize uses or activities other than those recognized or justified by the applicable exception. ...Adoption of plan and zoning provisions which would allow changes in existing types of uses requires application of standards outlined in this rule. (3) "Reasons Exceptions: (a) When a local government takes an exception under the "Reasons" section of ORS 197.732(1)(c) and OAR 660-004-0020 through 660-004-0022, plan and zone designations must limit the uses and activities to only those uses and activities which are justified in the exception;... FINDING: An exception to Goal 4 is needed for 82 acres of land, historically used as a source of aggregate material and as a disposal site for vegetative debris and sludge effluent in support of Ranch operations, but located outside the boundary of the existing exception area for the remaining 1830 acres encompassing the Ranch. This area has a plan and zoning designation of Surface Mining (SM). It is not acknowledged as a Goal -4 exception area. An exception is needed to include this area in the Resort Community boundary for the Ranch and allow for future uses to support Ranch operations that would otherwise not be allowed in a resource area. As detailed below under each of the relevant exceptions criteria, the exception area is needed in order to accommodate the needs of the Ranch. Specifically, the Ranch needs adequate space and facilities for its utility, solid waste, maintenance and vehicular storage and other resort management purposes. The uses proposed on the exception area include the following: 1. Sludge/effluent disposal; 2. Woody debris disposal 3. Solid waste transfer station; 4. Utility uses, such as telephone communications; 5. Maintenance facilities such as equipment repair shop; 6. Storage of large equipment and general storage; 7. Recreational vehicle storage; 8. Employee housing; 9. Administration offices; 10. Housekeeping facilities; and 11. Aggregate resource mining, both within and outside an exempt area. While Goal 4 allows ongoing use of the area for aggregate resource mining without an exception, it does not permit the other above -referenced uses, which are needed for general operations at the Ranch without an approved exception. In 1998, the Black Butte Ranch Association Board established priorities for the Ranch. While the process is ongoing, several priorities of the Ranch relate to the need for uses, which will be located on the exception area. Many of the priorities are utility/maintenance related -uses that will be located near the aggregate resource area in such a manner to allow ongoing use of the aggregate source for the Ranch without introducing conflicting uses to the aggregate mining operation. Alternate locations on the resort lands are not available for these uses or for employee housing, also identified as a priority for the Ranch. Staff Report — File No. PA -98-5 and TA -98-9 PAGE 7 of 29 — EXHIBIT "H" to ORDINANCE NO. 2001-047 (11/28/2001) EXHIBIT "H" The findings below demonstrate that this exception is consistent with the applicable standards for a reasons exception. The proposed uses for the exception area are justified through the findings below and will be limited to those uses specified. As discussed elsewhere in these findings, a Limited Use Combining Zone is proposed pursuant to Chapter 18.112 of the Deschutes County Code to limit the uses in the exception area to those uses justified by this exception. Proposed policies and an exception statement in the County's comprehensive plan will also limit the exception area uses at this time to those justified in this application for the exception area. C. OAR 660-004-0022 — Reasons Necessary to Justify an Exception Under Goal 2, Part H(c). An exception under Goal 2, Part H(c) can be taken for any use not al lowed by the applicable goal(s). The types of reasons that m ay or may not be used to justify certain types of uses not allowed on resource lands are set forth in the following sections of this rule: (1) For uses not specifically provided for in subsequent sections of this rule or OAR 66, Division 14, the reasons shall justify why the state policy embodied in the applicable goals should not apply. Such reasons include but are not limited to the following: FINDING: OAR 660-004-0022(1) gives examples of the kinds of reasons, which can justify a reasons exception: "...Such reasons include but are not limited to the following: (a) There is a demonstrated need for the proposed use or acti vity, based on one or more of the requirements of Statewide Goals 3 to 19; and either (b) A resource upon which the proposed use or activity is dependent can be reasonably obtained only at the proposed exception site and the use or activity requires a location near the resource. An exception based on this subsection must include an analysis of the market area to be served by the proposed use or acti vity. That analysis must demonstrate that the proposed exception site is the only one within that market area at which the resource depended upon can reasonably be obtained; or (c) The proposed use or activity has special features or qualities that necessitate its location on or near the proposed exception site." The rule recognizes that exceptions are exceptional and that it is not possible to foresee all of the combinations of factors that may constitute an adequate set of "reasons" to justify an exception. They do not purport to restrict the types of reasons that may support an exception. OAR 660-04-022(1) simply provides examples that "include but are not limited" to the types of reasons provided. It recognizes that market demand and assistance to counties in meeting their planning obligations under statewide goals and acknowledged plans may be among the reasons that, taken together, explain why a particular exception is justified. OAR 660-04-022(1) clearly rules out any inference that its terms are intended to be exclusive. This exception is justified for a number of reasons, which are very similar to the examples given in the rule. These reasons are discussed below in the findings under OAR 660-660-004. Staff Report — File No. PA -98-5 and TA -98-9 PAGE 8 of 29 — EXHIBIT "H" to ORDINANCE NO. 2001-047 (11/28/2001) EXHIBIT "H" D. OAR 660-004-0020Goa12, Part II(c), Exception Requirements. (1) If a jurisdiction determines there are reasons consistent with OAR 660-004-0022 to use resource lands for uses not allowed by the applicable Goal, the justification shall be set forth in the comprehensive plan as an exception. FINDING: Comprehensive plan policies and an exception statement are being added to the County's comprehensive plan to demonstrate that the proposed exception is justified. (See Section 1 of this staff report and Exhibit "C".) (2) The four factors in Goal 2 Part II(c) required to be addressed when taking an exception to a Goal are: (a) Reasons justify why the state policy embodied in the applicable goals should not apply; FINDING: The administrative rule explains the "reasons" requirement to mean: "***The exception shall set forth facts and assumptions used as the basis for determining that a state policy embodied in a goal should not apply to specific properties or situations including the amount of land for the use being planned and why the use requires a location on resource land." OAR 660-004-0020(2)(a). The reasons for this exception include: ➢ The Ranch has a demonstrated need for use of the land for resort -related purposes. ➢ The exception is justified on the basis of the location of the exception area adjacent to the Ranch and its special features or qualities. Black Butte Ranch serves as a destination resort for many residents of Oregon and many visitors to the state. In order to operate the Ranch and fulfill its purposes in providing for its residents and visitors, Black Butte Ranch needs to have adequate space and facilities for its maintenance, utility and resort operations, solid waste, and maintenance storage facilities. The Ranch was developed with limited areas designated for maintenance, maintenance storage, or resort operations/public facility uses. As referenced below in the analysis of existing maintenance lands available for possible future use, the areas of the Ranch for such purposes are limited to 6 areas consisting of about 17 acres. These areas are labeled Tracts A through F on Figure 2. The existing areas utilized for various support, administrative and maintenance purposes are not adequate for Ranch purposes. Further, they are located in areas which conflict with the Ranch's resort residential and recreational uses. At each of these existing areas, the space available is extremely limited and inadequate. Resort -related uses such as golf course maintenance and resort administration compete for space in the areas and the Ranch does not have adequate acreage for various general Ranch utility, operations, and maintenance purposes. Consolidating and relocating Ranch accessory uses to the exception area can eliminate existing conflicting uses eliminated while providing areas for expansion of more compatible recreation facilities on the existing parcels. Solid Waste Transfer Use Staff Report — File No. PA -98-5 and TA -98-9 PAGE 9 of 29 — EXHIBIT "H" to ORDINANCE NO. 2001-047 (11/28/2001) EXHIBIT "H" As the Ranch developed between 1970 and 1985, it became apparent that there was a need for a solid waste transfer site. Since this use had not been planned in the original development concept, Ranch management located a 2.5 -acre area near the entrance to the resort. This is adjacent to the police services office and general store. In the same general area, an additional 2.5 acres is utilized for recreational vehicle parking and storage (see Tract F, Figure 2). In the beginning years, homeowners deposited their trash at this location, which was picked up on a weekly basis by the County franchise contractor. The Ranch now has pickup available at individual lots, however, not all homeowners utilize this service and some continue to utilize the transfer station at the entrance to the Ranch. Solid waste from Ranch maintenance is also deposited at this site for weekly pickup. The location of the solid waste transfer and recreational vehicle parking and storage is incompatible at the front entrance to the Ranch due to the high use and visibility by visitors and owners. However, this area has been the only site available for this function. Ranch management proposes use of the exception area for these uses. Because of increased growth at Black Butte Ranch and the increased use of the facilities, the Ranch plans to expand the recreational and convenience services at the main entrance area. It is now apparent that the solid waste transfer site should be relocated as soon as possible. A larger site with less visual impact is required. Resort Utility and Operations Black Butte Ranch's need for adequate acreage for these resort utility and maintenance purposes can only be met by the exception area and the use of the exception area fulfills the planning guidelines of Goal 8. The Ranch already uses the exception area for various industrial purposes. It is a disturbed area serving as the Ranch's source of aggregate for paths, roads and other paved areas. It is easily accessible to the Ranch and its employees who are engaged in maintenance or resort operations. In addition, its accessibility to the Ranch's visitors and guests makes it an appropriate site for the Ranch's solid waste transfer area. Thus, the use of the site minimizes environmental deterioration and maximizes the conservation of energy. The exception also serves to meet the requirements of and fulfill the purposes of Goal 9. Goal 9 requires counties to provide adequate opportunities for a variety of economic activities for the health, welfare and prosperity of Oregon's citizens. The economic development needs and requirements of Goal 9 are fulfilled by the exception. The Ranch has a responsibility to provide for and maintain its facilities and infrastructure that is critical to its ongoing vitality and economic success. As discussed above, the nature of the infrastructure for maintenance operations and facility maintenance require updating and expansion capability. The equipment and machinery necessary for those operations include mining, snow removal, road maintenance and general maintenance, including landscaping and forest management. The Ranch needs a place to maintain and store its equipment. Likewise, the Ranch. needs an adequate area to use as its solid waste transfer station. Presently, as noted in these findings, the location of the solid waste collection and disposal is both inappropriate and inadequate. Employee Housing The economic well being of the Ranch is also a factor in the need to provide employee housing. Since 1987, the Ranch has identified the need to provide an area for its seasonal employees. The feasibility of building employee housing has now been identified as a priority for the Ranch and a study of its feasibility is being. As noted above, there are no available lands for the development of employee housing within the areas presently developed with resort facilities and amenities. The needs for Staff Report — File No. PA -98-5 and TA -98-9 PAGE 10 of 29 — EXHIBIT "H" to ORDINANCE NO. 2001-047 (11/28/2001) EXHIBIT "H" employee housing cannot be accommodated on the relatively few and relatively small areas that exist on the Ranch. Two of the identified areas are part of the golf course maintenance operations. These areas (Tracts C and D) are fully utilized for golf maintenance purposes and are not available or appropriate for employee housing needs. Tract B, an area adjacent to the Big Meadow golf course and the soccer/ball field and new basketball and volleyball courts is an area of high visibility and planned for resort recreational or lodging purposes. Tracts A, E or F are not adequate for employee housing because of conflicts with existing resort uses or size or topographic limitations. The exception area provides an opportunity to locate employee housing. Since employees will be utilizing the housing on a seasonal basis and will not be a year-round residency, the location near the aggregate resource is a potential conflict. However, by maintaining a minimum setback of 250 feet from the mining site and completing site plan review prior to developing the employee housing the conflicts with the mining operation can be minimized. The Ranch presently manages the aggregate extraction process so that the majority of that work is not completed during the high tourist/residential use season. Accordingly, the Ranch can minimize conflicts with a seasonal use such as employee housing. With the need for 200 seasonal employees and minimal available housing within a ten -mile radius, the Ranch needs to develop housing for 50% to 65% of the seasonal employees in order to maintain its operational needs. Employee housing can only be provided for at the exception area. For all of these reasons, the exception fulfills the purposes of Goal 9. County Comprehensive Plan Another reason establishing the justification for the exception is that the exception enables Deschutes County to meet one or more of its planning obligations. Such obligations can be found in acknowledged comprehensive plans. The County's comprehensive plan recognizes that destination resorts are important elements of the local economy. The exception serves to fulfill these planning obligations of Deschutes County. The County's acknowledged land use regulations identify the necessary elements of a destination resort with regard to utility infrastructure and other related public facility/utility services. The exception allows Black Butte Ranch to have adequate acreage to accommodate its utility and maintenance needs. A final reason justifying the exception relates to its location as a part of the Ranch and the features or qualities of the location, which are integral to the Ranch and on which the Ranch depends. The exception area is presently used for the Ranch's aggregate source and as the site for its disposal of reclaimed sludge. The proposed uses of the exception will be integrated with the surface mining operation. Vehicle maintenance and equipment storage will include trucks and other equipment presently used on site. As depicted on the attached Figure 1, the exception area includes setbacks of at least 150 from McCallister Road and area to be retained for surface mining and at least 50 feet from the boundary adjacent to resource lands. Further, the surface mining area, net of buffers includes approximately 32 acres. Black Butte Ranch's maintenance, storage, solid waste, and utility uses will also be located in that area. Staff Report — File No. PA -98-5 and TA -98-9 PAGE 11 of 29 — EXHIBIT "H" to ORDINANCE NO. 2001-047 (11/28/2001) EXHIBIT "H" (b) Areas, which do not require a new exception, cannot reasonably accommodate the use: (A) The exception shall indicate on a map or otherwise describe the location of possible alternative areas considered for the use, which do not require a new exception. The area for which the exception is taken shall be identified. FINDING: The area for which the exception is being taken is identified on Figure 1, (B) To show why the particular site is justified, it is necessary to discuss why other areas which do not require a new exception cannot reasonably accommodate the proposed use. Economic factors can be considered along with other relevant factors in determining that the use cannot reasonably be accommodated in other areas. Under the alternative factor the following (i) Can the proposed use be reasonably accommodated on nonresource land that would not require an exception, including increasing the density of uses on nonresource 1 and? If not, why not? (ii) Can the proposed use be reasonably accommodated on resource land that is already irrevocably committed to nonresource uses, not allowed by the applicable Goal, including resource land in existing rural centers, or by increasing the density of uses on committed lands? If not, why not? (iii) Can the proposed use be reasonably accommodated inside an urban growth boundary? If not, why not? FINDING: The nearest area, which does not require a new exception, the Tollgate subdivision, is located 3 miles (at its closest point) southeast of Black Butte Ranch. This subdivision is already physically developed as a residential subdivision. For these reasons it is not feasible for this exceptions area to accommodate the proposed uses for the Ranch. Other exception areas are located further away, closer to the City of Sisters, and cannot reasonably accommodate the needs of the Ranch for the same reasons. There is no existing resource land that is irrevocably committed to nonresource uses adjacent or nearby the Ranch property; therefore this type of land cannot accommodate the proposed uses. The nearest urban growth boundary is associated with the City of Sisters, approximately 7 miles southeast. Based on this distance it is not reasonable for the proposed uses to be placed in this area and service the needs of the Ranch. (C)This alternative areas standard can be met by a broad review of similar types of areas rather than a revi ew of specific alternative sites. Initially, a local government adopting an exception need assess only whether the similar types of areas in the vicinity could not reasonably accommodate the proposed use. Site specific comparisons are not required of a local government taking an exception, unless another party to the local proceeding can describe why there are specific sites that can more reasonably accommodate the proposed use. A detailed evaluation of specific alternative sites is thus not required unless such sites are specifically described with facts to support the assertion that the sites are more reasonable by another party during the local exceptions proceeding. Staff Report — File No. PA -98-5 and TA -98-9 PAGE 12 of 29 — EXHIBIT "H" to ORDINANCE NO. 2001-047 (11/28/2001) EXHIBIT "H" FINDING: As discussed in the findings above, there are no alternative sites closer than 3 miles from Black Butte Ranch and the areas identified are either physically developed or are irrevocably committed, or both, to other uses. No specific site other than the proposed exception area has been identified to the County during these proceedings; therefore, more detailed site-specific comparisons are not required. The Ranch evaluated all available lands within the resort in order to determine if its needs can be accommodated on the Ranch without the addition of the proposed exception area. The available lands within the Ranch are limited both in number and size. In addition, given their limited acreage and adjacent conflicting uses, many of the parcels cannot reasonably accommodate the needs of the Ranch for the uses proposed to be located at the exception area. An analysis was made of all remaining parcels of land available for use by or owned by Black Butte Ranch Association that are part of the Ranch. This alternative sites analysis is detailed below. The available lands within the Ranch include all lands obtained in 1982 by the Black Butte Association when the developer turned over resort operations and open spaces to the Association. These included the two large meadows, golf courses, swimming pools, tennis courts, miscellaneous recreational facilities, equestrian facilities, lodge/restaurant facilities, and water and sewer utilities, along with maintenance operations. A number of residential lots were deeded to the Association for common areas to provide buffer zones in residential areas. Refer to Figure 2 for the locations of six tracts of land which were analyzed for existing and possible future uses. Tract A Tract A is the present location of both the Ranch administration and maintenance operations. This 2 - acre property is a small portion of lot 259 and all of lot 268 of the Golf Course Homesites section. It is entirely surrounded by residential units. This area serves administrative personnel and various general maintenance purposes. The Ranch has 125 full time employees and approximately 200 seasonal employees. Many of these 325 employees frequent the administration/maintenance area. High volume of traffic and congestion results in this residential area. This area is the only area, which provides for general maintenance of the Ranch. The other areas principally focus on the golf courses. While the original maintenance areas served the ranch adequately in the beginning stages, 25 years later the Ranch requires full-scale operations. Ranch operations for the 30 miles of roads, 30 miles of water and 35 miles of sewer lines, along with seventeen miles of bike path, 22 tennis courts, 4 swimming pools, 450 acres of meadow, and 1400 acres of forest lands requires sustained manpower and equipment to manage these facilities and resources. Tract A does not provide adequate space for large vehicle storage, storage of other maintenance vehicles or equipment and is located in an area of high conflict with residential resort uses. The existing maintenance buildings within Tract A are not compatible with the structure, size and density of the surrounding properties. The traffic volume for resort maintenance vehicles associated with the activities on Tract A is many times that of adjacent residential properties. Increased noise and visual impacts make this area incompatible for present operational uses. When this tract was first utilized as a maintenance area, the Association had nine employees, which has steadily grown to over 325, during peak season. The demand for support service has exceeded space availability in this location. Staff Report — File No. PA -98-5 and TA -98-9 PAGE 13 of 29 — EXHIBIT "H" to ORDINANCE NO. 2001-047 (11/28/2001) EXHIBIT "H" Tract A was analyzed for the potential for employee housing, but because of inadequate space this site would not fulfill current or future employee housing needs. As the resort is being more intensely utilized from a recreational standpoint, the pressure on management is to discontinue nonconforming operational uses within the resort housing areas. Tract B Tract B is a six -acre parcel of land that has been held by the Association for future resort and recreational uses. It is adjacent to the soccer/ball field and new volleyball and basketball courts. It is adjacent to Big Meadow Golf Course and near the west entry to the residential area. It is an area of high visibility within the Ranch. Given the traffic and noise conflicts associated with resort support facilities and general maintenance requirements, this area is not an appropriate area for such uses. The Ranch Board of Directors has set this site aside for future condominium housing or cabins to meet the pressures of increasing tourism to the resort. Tract B is the only site that the Ranch holds that is capable of being utilized for condominium or resort housing for tourism. Tract C Tract C is the maintenance area for the Big Meadow Golf Course. The golf course utilizes the entire 1.5 - acre area for golf course maintenance operations. There is no available space for general maintenance, vehicle storage and other utility uses. The site is adjacent to wetlands and meadow springs as well as the resort's bicycle path system. Tract D Tract D is the site for golf course operations of Glaze Meadow Golf Course. It is situated just southerly of a residential area and located between the existing golf courses. It is a one -acre area of high visibility and limited space. This area is just able to maintain the resources necessary to function as the golf course operations for Glaze Meadow. Tract D is less than a third of the size necessary to accommodate the employee housing and/or equipment storage. All available space is required to meet golf course maintenance obligations. Tract E Tract E is a 4 -acre common area held by the Association along the Forest Service boundary adjacent to the parking area of Glaze Meadow Golf Course. This area is on a steep side hill and located between two residential areas. Because of the steep hillside, lack of sufficient area and the high visibility of the site from a residential and recreational perspective, this site would not be suitable for maintenance facilities. Tract F Tract F is a small 1.3 -acre parcel of land owned by the Association at the north entrance to Black Butte Ranch, used presently as the recreational vehicle parking area and the solid waste transfer area. The intensity of uses and the high visibility at the main entrance precludes use of this site for high use operations and these conflicts have served as a basis for the need to relocate these uses. After two years of internal planning and resource analysis, Black Butte Ranch homeowners have developed a long-term plan for expansion of recreational activities and resources. From this work on the Staff Report — File No. PA -98-5 and TA -98-9 PAGE 14 of 29 — EXHIBIT "H" to ORDINANCE NO. 2001-047 (11/28/2001) EXHIBIT "H" above tracts, it is clear that Tracts A -F do not meet the standards necessary to develop consolidated maintenance facilities and/or employee housing facilities. (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 other areas requiring a Goal exception. The exception shall describe the characteristics of each alternative areas [sic] considered by the jurisdiction for which an exception might be taken, the typical advantages and disadvantages of using the area for a use not allowed by the Goal, and the typical positive and negative consequences resulting from the use at the proposed site with measures designed to reduce adverse impacts. A detailed evaluation of specific alternative sites is not required unless such sites are specifically described with facts to support the assertion that the sites have significantly fewer adverse impacts during the local exceptions proceeding. The exception shall include the reasons why the consequences of the use at the chosen si to are not significantly more adverse than typically result from the same proposal being located in areas requiring a goal exception other than the proposed site. Such reasons shall include but are not limited to, the facts used to determine which resource land is least productive; the ability to sustain resource uses near the proposed use; and the 1 ong- term economic impact on the general area caused by irreversible removal of the land from the resource base. Other possible impacts include the effects of the proposed use on the water table, on the costs of improving roads and on the costs. to special service districts." FINDING: OAR 660-004-0020(2)(c) requires an analysis of the comparative long-term ESEE consequences of locating the proposed uses in the proposed exception area at the Ranch, as mitigated by measures designed to reduce adverse impacts, with those of locating the same uses on other undeveloped forest lands requiring a Goal 4 exception. Environmental Consequences There will be minimal environmental consequences to the exception area as a result of siting the needed uses on the referenced property. It is an area already utilized by the Ranch for its aggregate resource. The new uses allowed by the exception will be limited so that the resource area will continue to operate as the source of aggregate for the Ranch. The maintenance/utility uses will be located on areas to be compatible with the mining activities. The westerly portion of the exception area is well suited for these uses. The central portion of the exception area (west of George McAllister Road) is well situated for employee housing, administration, housekeeping and general maintenance since it has adequate acreage for the referenced uses. The alternative location for these uses would be some other forest land adjacent to the resort that would require an exception to Goal 4. All surrounding property is zoned for forest uses. Land to the immediate north of the proposed exception area and land adjacent to the southeast and southwest corners of the Ranch are private tracts of large acreage that not available to the Ranch. The Forest Service manages the land to the south of the proposed exception area and surrounding the remainder of the Ranch for multiple use purposes. Staff Report — File No. PA -98-5 and TA -98-9 PAGE 15 of 29 — EXHIBIT "H" to ORDINANCE NO. 2001-047 (11/28/2001) EXHIBIT "H" The use of any of this land would require a change in resource management and would take additional land out of primary forest resource use. The proposed exception area is owned by the Ranch, has been partially cleared, is already used by the Ranch for aggregate and some utility uses and has road access already in place directly to the Ranch. Any alternative area would require new road construction and clearing of more acreage than is needed at the proposed exception area. This would tend to result in greater short term impacts to air quality due to road construction and long term environmental impacts to forest resources and wildlife than will occur at the proposed exception area. Economic Consequences There will be positive economic consequences from the use of the exception area for the referenced resort -related uses. As discussed under Goal 9, above, the positive economic benefits to the state and the county would be similar if the resort needs were developed on another undeveloped rural site, but such a site would require the expenditure of significant moneys to clear and prepare the site for construction. The exception area is already used for industrial purposes and the existing surface mining use can be integrated and compatible with the other proposed resort maintenance and utility uses through the use of setbacks, site plan review for surface mining outside the area found to be exempt by DOGAMI, and site plan review for the other uses proposed in the exception area. Employee housing can be compatible through the requirement of a minimum setback of 250 feet from the mining and other measures to reduce noise and dust impacts from mining through site plan review. for this use. In addition, long-term positive economic benefits will result from the use of the exception area in contrast to other rural sites. The needed resort -related uses will be situated adjacent to the Ranch. Employees, guests and visitors can, as needed, access the area for their employment or utility (solid waste disposal) purposes. If the uses were located some distance from the Ranch necessitating additional costs for road construction, travel and time, negative economic consequences would result. Social Consequences The social consequences resulting from the uses at the exception area are not significantly more adverse than what typically would result from uses being situated on other lands. The proposed exception area is, surrounded by the other private or public timberlands and is adjacent to the Ranch. Its use for Ranch related maintenance/utility needs and employee housing will not affect neighboring lands, as may be the case with other resource land protected by Goal 4. Further, the area is already utilized by the Ranch for its surface mining operation. The addition of the needed resort -related uses on portions of the exception area will not significantly affect the nature of the uses at the site. Finally, because the exception area is located adjacent to the Ranch there are positive social consequences of using this site, as opposed to other rural forest resource sites that would require a Goal 4 exception. Energy_ Consequences Locating the needed resort -related uses on the proposed exception area conserves significant energy expenditures. This translates into positive economic consequences than would result from locating the uses on other rural lands. Further, the location adjacent to the Ranch allows users of the exception area to travel between the Ranch and the exception area without traveling great distances, resulting in less impact to the road way systems than would occur from an alternative site. The pre-existing industrial use and the integration of the surface mining use with certain of the referenced exception area uses (i.e. maintenance shop, truck storage) also results in positive energy consequences. Staff Report — File No. PA -98-5 and TA -98-9 PAGE 16 of 29 — EXHIBIT "H" to ORDINANCE NO. 2001-047 (11/28/2001) EXHIBIT "H" (d) The proposed uses are compatible with other adjacent uses or will be so rendered through measures designed to reduce adverse impacts. FINDING: The proposed uses of the exception area are compatible with other adjacent uses. Presently, the exception area is a surface mining area. The inclusion of a 50 -foot setback from adjacent properties and the restricted hours and days of use for mining and processing of aggregate material minimize the impacts from this use. The Ranch uses it routinely and seasonally for those purposes. Surrounding uses include the Ranch and large tract forest lands. The proposed exception area uses have been located to ensure that aggregate resource can be utilized in the future for Ranch purposes. The new industrial/utility/maintenance uses are compatible and, in fact, integrated with the surface mining plans. Employee housing will require a minimum 250 -foot setback from the nearest mining area boundary. Also, site plan review will be required to determine if other measures need to be taken to reduce noise and dust impacts from mining. The new uses proposed in the exception area will be required to be set back at least 50 feet from the boundary of the exception property. In addition, site plan review for the new uses, with the exception of recreational vehicle storage and equipment storage will be required. This review will help to ensure that any impacts from the proposed uses will be compatible with other adjacent uses on adjacent lands and within the proposed exception area. B. Exception Findings for The Inn of the Seventh Mountain / Widgi Creek I. Request Concurrent with the application to designate The Inn of the 7th Mountain and Widgi Creek resort developments (hereafter, the Inn/Widgi) a Resort Community pursuant to OAR 660-022, Deschutes County is proposing an amendment to the Deschutes County Comprehensive Plan to take an exception to Statewide Planning Goal 4, Forest Lands, for the entire development. The exception to Goal 4 is required in order to include this land within a Resort Community boundary, as provided by OAR 660- 022, Unincorporated Communities, in order to comply with Goal 11, Public Facilities and Goal 14, Urbanization. Because the resort facilities at the Inn/Widgi have been developed for many years the County is requesting an exceptions pursuant to OAR 660-04-025, Exception Requirements for Land Physically Developed to Other Uses. H. Criteria A. ORS 197.732(1)(a) — Goal Exceptions, Criteria, Rules, Review. B. OAR 660-004-0018 - Planning and Zoning for Exception Areas. C. OAR 660-004-0025 — Exception Requirements for Land Physically Developed to Other Uses. M. Findings A. ORS 197.732(1)(a) — Goal exceptions, criteria, rules, review (1) A local government may adopt an exception to a goal if.- (a) f:(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; Staff Report — File No. PA -98-5 and TA -98-9 PAGE 17 of 29 — EXHIBIT "H" to ORDINANCE NO. 2001-047 (11/28/2001) EXHIBIT "H" FINDING: The criteria for a "physically developed" exception to Goal 4 are addressed in the findings below pursuant to OAR 660-004-0025, Exception Requirements for Land Physically Developed to Other Uses. Because the administrative rules in OAR 660-004 implement the state statute for exceptions, ORS 197.732, and are identical in language to the applicable statute language in bold above, the findings below for this exception are based on the criteria and language in the applicable administrative rules. B. OAR 660-004-0018, Planning and Zoning for Exception Areas (1) Purpose. This rule explains the requirements for adoption of plan and zone designations for exception areas. Exceptions to one goal or a portion of one goal do not relieve a jurisdiction from remaining goal requirements and do not authorize uses or activities other than those recognized or justified by the applicable exception. ...Adoption of plan and zoning provisions which would allow changes in existing types of uses requires application of standards outlined in this rule. (2) "Physically Developed and "Irrevocably Committed" Exceptions to goals other than Goals 11 and 14. Plan and zone designations shall limit uses to: (a) Uses which are the same as the existing types of land use on the exception site; or FINDING: The County is proposing a "physically developed" exception to Goal 4 to allow a resort community zoning designation to be established in accordance with OAR 660-022, Unincorporated Communities. The Inn/Widgi site is already developed to an extent, which, for all practical purposes, limits its use to the type of resort uses that already exist. Resort Community zoning is being adopted concurrent with this exception. The resort community zoning uses permitted in the County zoning ordinance, Title 18 of the County Code, will further limit any future development to resort related uses only. For these reasons the remaining criteria in OAR 660-004(2) are not applicable to this proposal and are not addressed with findings for this exception. C. OAR 660-004-0025 — Exception Requirements for Land Physically Developed to Other Uses (1) A local government may adopt an exception to a goal when 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. . (2) Whether land has been physically developed with uses not allowed by an applicable Goal will depend on the situation at the site of the exception. The exact nature and extent of the areas found to be physically developed shall be clearly set forth in the justification for the exception. The specific area(s) must be shown on a map or otherwise described and keyed to the appropriate findings of fact. The findings of fact shall identify the extent and location of the existing physical development on the land and can include information on structures, roads, sewer and water facilities, and utility facilities. Uses allowed by the applicable goal(s) to which an exception is being taken shall not be used to justify a physically developed exception. FINDING: The County is proposing a goal exception based on the existing physical developments on the property, which are not allowed under Goal 4. These physical developments include the existing Inn of the Seventh Mountain resort and condominium facility and the existing Widgi Creek residential and golf course facility. The site is also developed with expanses of paved roads, parking areas and vehicle storage and maneuvering areas. The physical improvements at the Inn of the Seventh Mountain are illustrated and described in detail on Figure 3, a site plan drawing covering this 80 -acre site. Figure 4, an aerial photograph of the site and Staff Report — File No. PA -98-5 and TA -98-9 PAGE 18 of 29 — EXHIBIT "H" to ORDINANCE NO. 2001-047 (11/28/2001) EXHIBIT "H" surrounding lands, also illustrates development of the site. As indicated on these exhibits, the property is physically developed with resort facilities and accessory uses including condominiums, convention facilities, restaurants and numerous recreational facilities (pool complex, spa, ice/roller rink, volleyball pit, tennis courts, equestrian center, etc.). A small 1.2 -acre area form erly used for on-site sewage treatment, located near the boundary with Widgi Creek to the east, might be redeveloped some day for resort uses, but no plans exist as of now for this to occur. This area is surrounded by resort development and could only be redeveloped in the future for resort purposes. A second area on the property, approximately 13 acres in size, of which only about 8-9 acres is usable due to steep slopes down to the Deschutes River, could possibly developed in the future for resort facilities such as a lodge, single- family or multi -family dwellings, or conference center. This area is within the federal Wild and Scenic and state Scenic Waterway corridor along the Deschutes River and is surrounded by other resort property developed for resort purposes. The use of the Inn of the Seventh Mountain as a destination resort was initiated prior to implementation of the statewide planning goals in Deschutes County. The use continued to be permitted as a "destination resort." after the property was designated as forest in compliance with Goal 4. However, House Bill 3661 in 1993 eliminated destination resorts as a use in the forest zone except as allowed under Goal 8. The Inn of the Seventh Mountain property has never been approved as a dest ination resort pursuant to Goal 8, and therefore is considered a nonconforming use. The development of the site as a destination resort can therefore be used to justify a "physically developed" exception to Goal 4. Widgi Creek was approved in 1983 as a resort including 107 single-family homes, 103 townhouses, a regulation golf course and appurtenant golf facilities, including clubhouse, driving range and maintenance facilities. The physical developments at Widgi Creek encompass 237 acres and are shown on Figures 5 and 6 (an aerial photograph). The layout for the town homes, known as Elkai Woods, is depicted on Figure 6. When Widgi Creek was approved it was zoned F3. In 1992, when the County amended its Forest zone and discontinued the F3 zone to comply with legislative changes, the resort became zoned F2 and became a nonconforming use. As of November 2001, 70 single-family homes have been constructed and all single-family lots have been sold. The majority of town homes have been constructed. The remaining town homes are expected be completed in 2002. Similar to the Inn of the Seventh Mountain, Widgi Creek has never been approved as a Goal 8 destination resort, however the development of the site justifies a "physically developed" exception to Goal 4. As illustrated in the Figures, Widgi Creek is for all practical purposes built -out. SECTION 3: STAFF FINDINGS REGARDING OAR 660, DIVISION 22, UNINCORPORATED COMMUNITIES The following language in bold is quoted directly from OAR Chapter 660, Division 22, Unincorporated Communities. The purpose of OAR 660-022 is to establish a statewide policy for the planning and zoning of unincorporated communities that recognizes the importance of communities in rural Oregon. It is intended to expedite the planning process for counties by reducing their need to take exceptions to statewide planning goals when planning and zoning unincorporated communities. This division interprets Goals 11 (Public Facilities and Services) and 14 (Urbanization) concerning urban and rural development outside urban growth boundaries and applies only to unincorporated communities defined in OAR 660-022-0010, as noted below. Staff Report — File No. PA -98-5 and TA -98-9 PAGE 19 of 29 — EXHIBIT "H" to ORDINANCE NO. 2001-047 (11/28/2001) EXHIBIT "H" OAR 660-022-0010 Definitions For purposes of this division, the definitions contained in ORS 197.015 and the statewide planning goals (OAR Chapter 660, Division 15) apply. In addition, the following definitions apply: (10) "Unincorporated Community means a settlement with all of the following characteristics: (a) It is made up primarily of lands subject to an exception to Statewide Planning Goal 3, Goal 4 or both; (b) It was either identified in a county's acknowledged comprehensive plan as a "rural community", "service center", "rural center", "resort community", or similar term before this division was adopted (October 28, 1994), or it is listed in the Department of Land Conservation and Development's January 30, 1997 "Survey of Oregon's Unincorporated Communities"; (c) It lies outside the urban growth boundary of any city; (d) It is not incorporated as a city; and (e) It met the definition of one of the four types of unincorporated communities in sections (6) through (9) of this rule, and included the uses described in those definitions, prior to the adoption of this division (October 28, 1994). FINDINGS: Black Butte Ranch (the Ranch) is primarily an acknowledged rural residential exception area. Findings for a "reasons" exception to Goal 4 to add 82 acres to the Ranch community boundary are included in the previous section of the staff report and an exceptions statement is included in the ordinance designating the Ranch as an Unincorporated Resort Community. The Inn/Widgi is acknowledged as Forest Resource land. Findings for a physically built exception to Goal 4 for the entire area of the Inn/Widgi are included in the previous section of the staff report and exceptions statement is included in the ordinance designating the Inn/Widgi as an Unincorporated Resort Community. The two resort communities are not incorporated as cities and are both outside urban growth boundaries. Both the Inn/Widgi and the Ranch were included on the Department of Land Conservation and Development's January 30, 1997 "Survey of Oregon's Unincorporated Communities." Findings below show that the Ranch and the Inn/Widgi met the definition of a resort community prior to the adoption of OAR 660-022. Therefore, with the adoption of the exception to Goal 4 for the Inn/Widgi, both the Ranch and the Inn/Widgi qualify as unincorporated communities under OAR 660-022-010(10). OAR 660-022-0020 Designation of Community Areas - Boundaries of Unincorporated Communities (1) Except as provided in OAR 660-22-070, county comprehensive plans shall designate and identify unincorporated communities in accordance with the definitions in OAR 660-22-010. Counties may amend these designations as circumstances change over time. FINDINGS: OAR 660-22-010 contains the following four types of community designations for unincorporated communities: "Resort Community", "Rural Community", "Rural Service Center" and "Urban Unincorporated Community." A community can be designated as either a Resort Community OR an Urban Incorporated Community if it meets the definition of both (OAR 660-022-0020 (6). OAR 660-022-010(6) "Resort Community" is an unincorporated community that was established primarily for and continues to be used primarily for recreation or resort purposes; and Staff Report — File No. PA -98-5 and TA -98-9 PAGE 20 of 29 — EXHIBIT "H" to ORDINANCE NO. 2001-047 (11/28/2001) EXHIBIT "H" (a) Includes residential and commercial uses; and (b) Provides for both temporary and permanent residential occupancy, including overnight lodging and accommodations. The Ranch and Inn/Widgi meet the definition for either a resort community or an urban unincorporated community. Both communities have historically been considered destination resorts, although neither is designated as such under Goal 8. Both include a combination of uses that fit the definition of a resort community. The Ranch: Was established in 1970 by Brooks Resources primarily as a residential planned development with resort and recreation amenities. The Ranch encompasses 1,830 acres north of Sisters on the south side of Highway 20. An additional 82 acres is being included through an exception for a total 1,912 acres. The total number of residential lots, 1,252, includes 76 condominium units and 1,122 single-family dwelling lots. All but about 54 lots have been developed. The resort is the site of two 18 - hole golf courses, lodge/restaurant facility, a horse stable and other recreation amenities. Public water and sewer systems and a fire station service the Ranch. The Deschutes County Sheriff provides police services to the community. Inn/Widgi: The site for the Inn of the Seventh Mountain has been developed since the late 1960s and has been considered historically to be a stand-alone resort community with overnight lodging and recreation facilities for tourists. The initial boundary was established in 1972 and encompasses 22.65 acres. The Inn includes horse stables, tennis courts, golf course, skating rink, swimming pools and other recreation amenities, and a restaurant, meeting rooms and multi -story lodging units for resort guests. Many of the dwelling units at the Inn are occupied seasonally but some residences are occupied year round. Commercial uses open to overnight guests and the public include the restaurant, skating rink and golf course, guided raft trips on the Deschutes River and a retail/rental sport shop. Widgi Creek was approved in 1983 as a 237 -acre expansion to the Inn including a golf course with surrounding residential lots consisting of 107 lots for single-family dwellings and 103 lots for condominium units. The city of Bend provides sewer service (except approved on-site septic systems) and fire protection for Inn/Widgi. Water is provided by on-site wells. Security service is provided by the Inn/Widgi Resort Community and the Deschutes County Sheriff provides police services. In conclusion, the description for each community meets the definition of a "Resort Community" contained in OAR 660-22-010(8). Amendments to the Deschutes County Comprehensive Plan, zoning ordinance text and corresponding maps designate the Ranch and Inn/Widgi as Resort Communities and provide for their future development accordingly. (2) Counties shall establish boundaries of unincorporated communities in order to distinguish lands within the community from exception areas, resource lands and other rural lands. The boundaries of unincorporated communities shall be shown on the county comprehensive plan map at a scale sufficient to determine accurately which properties are included. (3) Only land meeting the following criteria may be included within an unincorporated community boundary: (a) Land which has been acknowledged as a Goal 3 or 4 exception area and historically considered to be part of the community provided the land only includes existing, contiguous concentrations of: (A) Commercial, industrial, or public uses; and/or (B) Dwelling units .and associated residential lots at a greater density than exception lands outside rural communities. Staff Report — File No. PA -98-5 and TA -98-9 PAGE 21 of 29 — EXHIBIT "H" to ORDINANCE NO. 2001-047 (11/28/2001) EXHIBIT "H" FINDINGS: The resort community boundaries for the Ranch and Inn/Widgi were determined using the following map sources: 1. 1972 Deschutes County Zoning map. 2. 1979 Deschutes County Comprehensive Plan and Zoning maps. 3. Deschutes County parcel base map. The comprehensive plan map shows the boundaries of the Ranch and Inn/Widgi resort communities at a scale that identifies individual parcel boundaries. The Ranch: The community boundary for the Ranch consists of 1,912 acres. Of this, 1,830 acres includes the main resort development, the resort's recreational amenities, and the residential areas. It is an area that was previously acknowledged as a Goal 4 exception area and has historically been considered to be a part of the community. It is currently zoned RR -10 (Rural Residential). The remaining property consists of approximately 82 acres that is currently zoned Surface Mining (SM) and is designated as Forest in the comprehensive plan. As such it is currently considered a resource area, not an exception area. This area is owned by the Black Butte Association and is located contiguous to the northwest corner of the 1830 acres. A "reasons" exception is being taken concurrent with this comprehensive plan amendment and zone change to bring the 82 acres into the Ranch boundary for use as a maintenance facility area and employee housing. This area has historically been considered a part of the community and has been used for a variety of resort and industrial uses since the original development of the Ranch. A portion of the exception area (12 acres) has been used by the Ranch as its source of aggregate since 1970. Aggregate has been mined and processed on this land and have been utilized as base and crushed rock for road and path construction throughout the Ranch. The eastern 44 acres of the exception area has been used for other purposes related to maintenance, including debris disposal and sludge effluent disposal. This land is also utilized as the disposal site for all tree/undergrowth debris removal from the Ranch as part of the community's ongoing fire protection plan, in addition to being used for resort open space and buffering purposes. These uses have been occurring on the land for over 20 years, so the land is historically considered part of the community. This 82 -acre exception area, along with the other 1,830 acres comprises all of the land owned and managed as a part of the Ranch. These areas are otherwise entirely surrounded by U.S. Forest Service lands and private timber company holdings. As a result, the Resort Community consists only of lands owned and managed by the Ranch and does not extend into other adjacent resource lands. Inn/Widgi: Inn/Widgi expanded to its current size in 1983 with the inclusion of Widgi Creek, a golf course and residential area. The existing community boundary consists of 22.65 acres for Inn of the 7' Mountain and approximately 237 acres for the golf course/Widgi Creek. The use of the site as a destination resort was initiated previous to implementation of the statewide planning goals in Deschutes County. Upon implementation of the statewide planning goals, the property was designated as "forest" in compliance with Goal 4, and the use continued to be permitted as a "destination resort". However, in 1993 HB 3661 eliminated destination resorts as a use in the forest zone except as allowed under Goal 8. This property has never been approved as a destination resort pursuant to Goal 8 and is therefore considered a legal nonconforming use. The "built and committed" exception that is being taken for the entire Inn/Widgi community boundary area is in accordance OAR 660-04-018, Planning and Zoning for Exception Areas, and OAR 660-04-025, Exception Requirements for Land Physically Developed to Other Uses. Staff Report — File No. PA -98-5 and TA -98-9 PAGE 22 of 29 — EXHIBIT "H" to ORDINANCE NO. 2001-047 (11/28/2001) EXHIBIT "H" These exceptions allow for the rezoning of the property under OAR 660-022 in compliance with Goal 11, Public Facilities and Services, and Goal 14, Urbanization in order to re -designate land currently zoned for resource use to an urban incorporated community zone designation. The 2001 Resort Community comprehensive plan maps for the Ranch and the Inn/Widgi (Exhibits "F" and "G" to Ordinance 2001- 047) and zoning maps (Exhibits "C" and "D" to Ordinance 2001-048) supersede the previous county comprehensive plan and zoning maps for these areas. (4) Community boundaries may include land that is designated for farm or forest use pursuant to.Goals 3 and 4 if all the following criteria is met: (a) The land is contiguous to Goal 3 or 4 exception lands included in the community boundary; (b) The land was occupied on the date of this division (October 28, 1994) by one or more of the following uses considered to be part of the community: Church, cemetery, school, park, playground, community center, fire station, museum, golf course, or utility facility; (c) Only the portion of the lot or parcel that is occupied by the use(s) in subsection (b) of this section is included within the boundary; and (d) The land remains planned and zoned under Goals 3 or 4. FINDING: These criteria are not applicable to either the Ranch or Inn/Widgi because neither community will include land designated fro farm or forest use within their boundaries. All the land within the communities will have an exception to Goal 4. OAR 660-022-030 Planning and Zoning of Unincorporated Communities (Resort Community) (1) For ... resort 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. (2) County plans and land use regulations may authorize any residential use and density in unincorporated communities, subject to the requirements of this division. FINDINGS: The 2001 Comprehensive Plan Maps for the Ranch and Inn/Widgi contain the sole designation of "Resort Community". The 2001 Inn/Widgi Zoning Map includes the designation of "Resort Community" with two districts: "Widgi Creek Residential District" and "Resort District". The 2001 Ranch Zoning Map designates the existing 1830 acres as "Resort District," and the remaining 82 acre exception area as two Limited Use Combining Districts: the western 38 acres is "Black Butte Ranch - Surface Mining (BBR-SM/LU)", and the eastern 44 acres is "Black Butte Ranch -Utility (BBR-U/LU)". The Ranch: All of the property in the Ranch community boundary is in a previously acknowledged Goal 4 exception area, excluding the 82 -acre site that is in the Limited Use Combining Zone. The exception for this site is being taken concurrent with this application in accordance with OAR 660-04-018, Planning and Zoning for Exception Areas, and OAR 660-04-022, Reasons Necessary to Justify an Exception under Goal 2, Part II(c). The Ranch originally proposed to designate the western 38 acres of the exception area as a "Surface Mining/Utility District," with the eastern 44 acres designated as "Resort Community -Resort District". Under this proposed designation, the 44 acres would have been allowed the same type of development as the remainder of the community's 1830 acres. Staff Report — File No. PA -98-5 and TA -98-9 PAGE 23 of 29 — EXHIBIT "H" to ORDINANCE NO. 2001-047 (11/28/2001) EXHIBIT "H" However, DCC 18.112 states that a Limited Use Combining Zone shall be used to carry out the requirements of OAR 660-04-018/022 where a goal exception is taken to ensure that permitted uses are limited to those uses justified by the exception statement. Therefore, in order to conform to OAR 660- 04-018/022 as well as DCC 18.112, the entire 82 acres will have a Limited Use Combining District overlay as described above. The eastern 44 acres, designated "Black Butte Ranch Utility" Limited Use Combining District (BBR-U/LU) allows for uses such as solid waste transfer station, sludge/effluent disposal, composting, maintenance and utility uses including a repair shop, large equipment and general storage, maintenance facilities, recreational vehicle storage, employee housing, administration and housekeeping offices. The western 38 acres, designated "Black Butte Ranch — Surface Mining Limited Use Combining District" (BBR-SM/LU) will allow only surface mining activities until such time as the site is reclaimed, at which point a solid waste transfer station and equipment repair and maintenance shop will be permitted subject to site plan review. The Goal 5 ESEE (Economic, Social, Environmental and Energy) analysis for this site has been changed to reflect the proposed zoning in the proposed exception area. The ESEE revision is included as Exhibit "E" to comprehensive plan amendment. (3) County plans and land use regulations may authorize only the following new industrial uses in unincorporated communities: (a) Uses authorized under Goals 3 and 4; (b) Expansion of a use existing on the date of this rule; (c) Small-scale, low impact uses; (d) Uses that require proximity to rural resource, as defined in OAR 660-004- 0022(3)(a); (e) New uses that will not exceed the capacity of water and sewer service available to the site on the effective date of this rule, or, if such services are not available to the site, the capacity of the site itself to provide water and absorb sewage; (f) New uses more intensive than those allowed under subsection (a) through (e) of this section, provided an analysis set forth in the comprehensive plan demonstrates, and land use regulations ensure: (A) That such uses are necessary to provide employment that does not exceed the total projected work force within the community and the surrounding rural area; (13) That such uses would not rely upon a work force served by uses within urban growth boundaries; and (C) That the determination of the work force of the community and surrounding rural area considers the total industrial and commercial employment in the community and is coordinated with employment projections for nearby urban growth boundaries. FINDINGS: Resort communities approved through this unincorporated community process have fixed boundaries with no option for future expansion. There are no new industrial uses allowed. Although the surface mining that will take place in the Ranch exception area is considered an industrial use (OAR 660- 022-0010(4), it is not considered to be a new use. OAR 660-022-0020 (3)(a)(A) which states that land may be included within an unincorporated community boundary if it has been acknowledged as a Goal 4 exception area and is historically considered to be part of the community provided the land only includes existing, contiguous concentrations of industrial uses. The exception area has historically been considered a part of the Ranch and surface mining has historically taken place on this land for the benefit of Ranch. (4) County plans and land use regulations may authorize only the following new commercial uses in unincorporated communities: (a) Uses authorized under Goals 3 and 4; (b) Small-scale, low impact uses; Staff Report — File No. PA -98-5 and TA -98-9 PAGE 24 of 29 — EXHIBIT "H" to ORDINANCE NO. 2001-047 (11/28/2001) EXHIBIT "H" (c) Uses intended to serve the community and surrounding rural area or the travel needs of people passing through the area. FINDING: OAR 660-022-0010(1) defines "commercial use" as the use of land primarily for the retail sale of products or services, including offices. OAR 660-022-0030(10) further defines a small-scale, low impact commercial use as one which takes place ... in a building or buildings not exceeding 4,000 square feet of floor space. There are no new commercial uses allowed for either the Ranch or the Inn/Widgi as defined in OAR 660- 22-010. However, commercial -type uses that are ancillary to the resort community are allowed. County staff has discussed this issue with staff at DLCD and has identified uses in DCC Title 18.04.030 that are intended to be larger than 4,000 square feet in size to document that resort facilities may include a `commercial use' component that are not stand-alone commercial businesses. Such uses may include resort lodge and conference facilities, indoor skating arena, expansion of existing clubhouses, etc. Small- scale, low impact" commercial uses are not listed as allowed uses in the Resort Community zoning ordinance (DCC Title 18.110). The uses permitted, even for those activities that might be considered to be "commercial" to some degree, are only those uses that meet the definition of a "resort facility" or a "resort recreation facility" as defined in DCC Title 18.04.030. Any new uses will be the same as those that have already been established in the resort communities with no adverse impact on the forestland surrounding the resort communities. In addition, DCC Title 18.110.050(2)(e) requires any new uses adjacent to land zoned Forest to have a minimum setback of 20 feet from the Forest zone boundary. The underlying theme to this approach is that commercial uses at the Ranch and Inn/Widgi resorts do not fit the type of commercial use activity defined in the rule. Instead, the zoning permits that the commercial -type uses at the Ranch and Inn/Wedge that are ancillary and supportive of the overall function of these areas as destination resorts that contain a significant component of permanent and seasonal residents. The zoning also recognizes that neither community attracts customers off the highway or from the surrounding urban areas of Sisters and Bend for the purpose of providing retail sales of merchandise or services, including business office activities, the types of uses defined as "commercial" in the rule. Permanent and seasonal residents live at both communities and guests visit them to pursue vacation and recreation activities such as golf, tennis, bike or horseback riding, rafting trips, etc., and to enjoy dining at an on-site restaurant. A variety of products are sold at the general store at the Ranch that provide residents and visitors with food and other items. Golf and tennis clothing, equipment and accessories and souvenirs and clothing with resort emblems are sold at both resorts. The scope of these `commercial' retail activities is directly related to the resort and recreation operations that occur at both communities and is intended to serve the resort community. (5) County plans and land use regulations may authorize hotels and motels in unincorporated communities only if served by a community sewer system and only as provided in subsections (a) through (c) of this section: (a) Any number of new motel and hotel units may be allowed in resort communities; (b) New motels and hotels up to 35 units may be allowed in an urban unincorporated community, rural service center, or rural community if the unincorporated community is at least 10 miles from the urban growth boundary of any city adjacent to Interstate Highway 5, regardless of its proximity to any other UBG; Staff Report — File No. PA -98-5 and TA -98-9 PAGE 25 of 29 — EXHIBIT "H" to ORDINANCE NO. 2001-047 (11/28/2001) EXHIBIT "H" (c) New motels and hotels up to 100 units may be allowed in any urban unincorporated community that is at least 10 mile from any urban growth boundary. FINDING: The Ranch is served by a community sewer system, as defined by OAR 660-022-0010(2). Inn/Widgi is connected to the City of Bend municipal sewer system. Therefore any number of new hotels and motels are authorized in these communities under the unincorporated community rule. (6) County plans and land use regulations shall ensure that new uses authorized within unincorporated communities do not adversely affect agricultural or forestry uses. FINDINGS: Livestock and horse grazing are permitted uses that have existed historically within the Ranch boundary. No new conflicts are being proposed that would adversely affect these uses from continuing. There are no agricultural or forest uses occurring within the community boundary at the Inn/Widgi. U.S. Forest Service lands and private timber company holdings surround the Ranch. Inn/Widgi is also surrounded by U.S. Forest Service lands. Both communities were designed and developed as destination resorts are substantially built -out. Both communities have successfully co- existed with the forest uses on surrounding public lands historically. (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 (c). FINDINGS: The county land use regulations require new development proposals to include facts documenting that the function, capacity and level of service of the affected transportation facility are adequate to serve the proposed use. The Ranch is served by Highway 20, identified as a Principal Arterial on the Deschutes County Transportation Plan. Inn/Widgi is served by Century Drive/Cascade Lakes Highway, also identified as a Principal Arterial on the Deschutes County Transportation Plan. There will be no significant impact on these highways, as the facilities already exist in each of the resort areas. The Resort Community designation will not allow any new types of uses to be developed other than resort -related facilities as both communities are substantially developed as resorts. The Oregon Department of Transportation is the service provider for both highways and presented no opposition to theses communities being designated as "Resort Communities". (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. FINDINGS: The Ranch: The Ranch is served by domestic water and sewage systems that are adequate for current and future needs. Inn/Widgi: Inn/Widgi has its own wells and uses city sewer services. Existing services meet current needs and are not in danger of becoming insufficient. Weekly water quality testing is done in conformance with all prescribed standards. The state may also conduct well testing, at their discretion. (9) County plans and land use regulations for lands within unincorporated communities shall be consistent with acknowledged metropolitan regional goals Staff Report — File No. PA -98-5 and TA -98-9 PAGE 26 of 29 — EXHIBIT "H" to ORDINANCE NO. 2001-047 (11/28/2001) EXHIBIT "H" and objectives, applicable regional functional plans and regional framework plan components of metropolitan service districts. FINDING: This criterion is not applicable because there is no metropolitan service district within Deschutes County. OAR 660-022-0050 Community Public Facility Plans A public facility plan is required for all communities over 2,500 in population. For all communities a plan addressing sewer and water facilities is required if: 1) The existing facilities are insufficient or are projected to become insufficient (due to physical conditions, financial circumstances, changing state or federal standards, or additional growth or build out); 2) The community is served by groundwater and is in a groundwater limited area; or 3) The community has been declared a health hazard or has a history of failing wells. FINDING: Neither community has over 2500 in population. Both the Ranch and Inn/Widgi have existing water and sewer facilities that are adequate. Neither community is in a groundwater limited area nor is there history of failing wells. OAR 660-022-0060 Coordination and Citizen Involvement Counties shall ensure that residents of unincorporated communities have adequate opportunities to participate in all phases of the planning process in accordance with their acknowledged citizen involvement programs. When a county proposes to designate an unincorporated community or to amend plan provisions or land use regulations that apply to such a community, the county shall specify the following: (a) How residents of the community and surrounding area will be informed about the proposal; (b) How far in advance of the final decision residents of the community and the surrounding area will be informed about the proposal; (c) Which citizen advisory committees will be notified of the proposal. (3) The information on these three points shall be included in the appropriate plan amendment proposals or periodic review work task. (5) Proposals to designate, plan or zone unincorporated communities shall be coordinated with special districts... likely to be affected by such actions ... and include a minimum of 45 -day mailed notice to all cities and special districts located within the distance described in OAR 660-22-040(2). FINDINGS: The following citizen involvement program was used for the Ranch and Inn/Widgi unincorporated communities planning project that satisfies the notice requirements for legislative decisions detailed in Title 22 of the DCC. The Resort Community comprehensive plan policies and zoning ordinance are the product of a number of stakeholder meetings with staff, and a community meeting for each resort. Stakeholder meetings at the Ranch occurred on May 1, May 18, June 8 and June 29, 1998. A community meeting was held at the Ranch on July 27, 1998. Stakeholder meetings for Inn/Widgi were conducted on July 10, July 29 and August 26, 1998. The community meeting for Inn/Widgi took place on September 14, 1998. Staff Report — File No. PA -98-5 and TA -98-9 PAGE 27 of 29 — EXHIBIT "H" to ORDINANCE NO. 2001-047 (11/28/2001) EXHIBIT "H" Prior to the stakeholder meetings, a newsletter was mailed to all stakeholders and property owners in both communities, adjacent property owners and agencies that might be affected by or interested in the outcome of this project. The newsletters described the unincorporated community planning and zoning project, identified the material that will be adopted by the County as a result of the project and indicated how interested individuals could get more information and be involved in the process. In addition, The Ranch Report, mailed to all property owners at the Ranch, contained articles describing the project and included the meeting schedules. Draft documents were mailed to stakeholders for review during the stakeholder meeting process. In October 1998, an update was provided to all stakeholders and agencies, including the drafts of the proposed plan policies and zoning ordinance and a meeting schedule for the public review phase of the project before the Planning Commission and Board of County Commissioners. Agencies informed about project work for the Ranch include: US Forest Service; State of Oregon: Department of Transportation, Department of Fish & Wildlife, Department of Land Conservation and Development, Department of Geology & Mineral Industries, Watermaster - District 11, Department of Forestry, Department of Environmental Quality; City of Sisters; County: Environmental Health Division and Road Department. Agencies informed about Inn/Widgi community project include: US Forest Service; Oregon Department of Transportation, Oregon Department of Fish & Wildlife, Oregon Department of Land Conservation and Development, Oregon State Parks, City of Bend Fire Department, and Bend Metro Park and Recreation District. The meetings were well attended by resort staff and representatives, particularly at the Ranch where the Board of Directors for the owner's association and resort staff took a very active role in reviewing policies and draft ordinance language. Attendance by and contact from individual landowners at both resort areas, and by agency staff was generally sparse. This may have been due to a perception that significant changes would not occur at either resort as a result of this project work because both resorts are substantially built out and have their own internal controls for future development in accordance with approved master plans. This is a correct perception for the most part. However, the 82 -acre exception area that would be included in the Ranch boundary and an internal piece of land encompassing approximately 8-9 buildable acres at Inn/Widgi both offer significant potential for some additional development. This potential could not be realized at either resort unless and until the rezoning to a Resort Community designation occurs, concurrent with the exceptions to Goal 4 previously described. However, development in each of these exception areas will be limited by the zoning ordinance restrictions in Chapter 18.110 of the County zoning ordinance. The Deschutes County Planning Commission held a Public Hearing on November 12, 1998. At the public hearing the planning commissioners heard testimony on draft amendments to the Ranch and Inn/Widgi comprehensive plan text, comprehensive plan map, zoning ordinance text and zoning map. Approximately four people attended the public hearing on this matter. The Planning Commission voted to make a recommendation concerning the comprehensive plan and zoning ordinance, as well as the corresponding maps, to the Board of County Commissioners (Board) for adoption. The Board will hold a public hearing on November 14, 2001, to take testimony on the full package of amendments to the Deschutes County Comprehensive Plan and implementing regulations for the Ranch and Inn/Widgi Resort Communities. Staff Report — File No. PA -98-5 and TA -98-9 PAGE 28 of 29 — EXHIBIT "H" to ORDINANCE NO. 2001-047 (11/28/2001) EXHIBIT "H" All future amendments to the plan designations and policies or zoning for the resort communities must be made in accordance with the procedures in Deschutes County Code, Title 22 and applicable provisions of the Oregon Administration Rules and state statute(s). Staff Report - File No. PA -98-5 and TA -98-9 PAGE 29 of 29 — EXHIBIT "H" to ORDINANCE NO. 2001-047 (11/28/2001) I ZONING/LAND USE MAP S1/2 SEl/4 SEC. 5, T:14S., R.9E-., WM 50' SURFER I� I SM/LU= DISTRICT Jd0 AQ4ES N89S1'30'E 2666.59' 50' BUFFER c3 14.0 Aa (GROSS) I A 9.5 Aa ((NETI `o �0-so OE O I O 14.0%D 'S J a 4 Ac. g � B EXISTING MINING I AREA PIT-12oaf ' (APPROX. TREE UNE) / 50' BUFFER --- ----- N89b4b9'E 266549' U/LU "DISTRICT 44.0 ACRES JOB/ : 980814 REY. DATE : JANUARY 21, 1999. x SCALE : l'=400' SM/LU - Surface Mining/Limited Use District U/LU - Utility Limited Use District 1% SUR & P LAKNMU RS HICKMAN, A7UJAMS do ASSOCIATES, INC 805 SW INDUSTRIAL WAY, SUITE 10. BOYO. O4EWN 97702 PHONE (541) 389-9351 FIGURE 1 PROPOSED EXCEPTION AREA - BLACK BUTTE RANCH PROPOSED USES OF IXS77NG PIT AREA AREA AO 1. CURRENT SURFACE MINING - 10 YR. SUPPLY 120 Aat NET OF BUFFERS 2 EMUENT S70RAGr. .JFUTURE' SOLID WASTE TRANSFER 97E; RESORT, © INDUSTRIAL AND MAINTENANCE USES 14.1 Ac..* NET OF BUFFERS JOB/ : 980814 REY. DATE : JANUARY 21, 1999. x SCALE : l'=400' SM/LU - Surface Mining/Limited Use District U/LU - Utility Limited Use District 1% SUR & P LAKNMU RS HICKMAN, A7UJAMS do ASSOCIATES, INC 805 SW INDUSTRIAL WAY, SUITE 10. BOYO. O4EWN 97702 PHONE (541) 389-9351 FIGURE 1 PROPOSED EXCEPTION AREA - BLACK BUTTE RANCH PROPOSED USES AREA © 1. FUTURE SURFACE MINING - 50 YR._ SUPPLY 6.0 Aal NET a7 BUFFERS Z APPUCA 17ON OF RE"MED EFFLUENT, SYULXV AND MAINIENANCE/U71UTY USES © 1. SURFACE MINING - 140 YEAR SUPPLY 14.1 Ac..* NET OF BUFFERS Z APPUCA7I0N OF RECLAIMED EFFLUENT. SL.UDG& MAINTENANCE/U77UTY AND RESORT FAdunis USES DO 1. LARGE EQUIPMENT S70RAGE 17.4 Act Z GENERAL S1i71RAM MAINTENANCE 3 REPAIR SHOP 4. R. V PARKING a TELEPHONE CO~IMUNICA77ONS EO 1. EMPLOYEE' HOUSING 9.5 AC.t NET OF BUFFERS Z ADMINISTRATION AND RESORT OMCES I HODS WEERNG 4. GENERAL MAINTENANCE ' 0 1. BUFFER AREA 18.5 Aa Z APPUCA17ON OF REa NMED SLUDGE 3 RESORT FAquirs OU7sILE OF BUFFER AREAS JOB/ : 980814 REY. DATE : JANUARY 21, 1999. x SCALE : l'=400' SM/LU - Surface Mining/Limited Use District U/LU - Utility Limited Use District 1% SUR & P LAKNMU RS HICKMAN, A7UJAMS do ASSOCIATES, INC 805 SW INDUSTRIAL WAY, SUITE 10. BOYO. O4EWN 97702 PHONE (541) 389-9351 FIGURE 1 PROPOSED EXCEPTION AREA - BLACK BUTTE RANCH TRACT B = ___ _ _ -•-- _ », nia ' !TRACT C . TRACT F /. II • EDIT MEADOW O avoQ Dao h. � � G;lQ��n �Q • o � `nC aa-2oaCv oD o Q ca o � oe� cco��dCD�o 0 TRACT E��r.=�1C - -- TRACT D : is _ --- •'•'' - _. .«.-.. OLAit MEADOW NOMESITE SECTION ^i. • 0�..-�r-Fr rw.� - - _ •• '• - -. T � .ter.-�rr.r..r�r ~--- --� black butte ranch FIGURE 2 Property layout POND ac DESC HUTES RIVER M N L!'X10 Op P ®S O,�.TOPMEETM K ROOM mm P INWW"M Y 2p `P i M 1ft/ _■ an on 0/ � rr rr rr Building & Facility Guide A. Offices & Lobby B. Convention Center C. Josiah's & Lounge D. Recreation Office E. Horseshoe Pits F. Paulina Room G. Pools & Waterslide H. Mini Golf I. Sauna/Bath House J. Tennis courts K. Basketball Court L. Stables M. Playgrounds N. Volleyball 0. Putting Green P. Forest Room/Board Room Q. Mt. Market & Deli R. Pool Bar S. Spa Complex U. Skating Rink/Pavilion V. Gift Shop W. Additional Parking X. BBQ Area Y. Broken Top Meeting Room Z.. Nature Trail Nom • µ� �v s V U 8 V A µt. iil�'"'+ 14 ' FIGURE 3 A THE I N N OF THE SEVENTH MOUNTAIN S�y %o f 4N Q a� 44.k rx > IMM �c OVI3' �� a`,4+9 .3 ����� �"b.�.ai � 3 �^ ti`s a✓�" z � fig, dh �,}, �i�y�'� s "r �,v"�y. � i Na�k �;'�• ��� ,,,.a a g3 > � i`� ��v" �+hg �-. a c�� � +!�Ln �a m r ��`,8,�,y�; � t� .�'C. .z �ENID Aul u � ud .✓*�� � �, ,ci, �' ��� � � 1� � � J' s _ � r `��' ��i"� �n.' � OSx pis �W3 : rxr ' �. i 5 'spy ��` G.`•&:.$� r�:: .i.�.y�y�`. ��i'�-p-4.:a r... FIGURE ae aµ al zf ,;.,_� - �'w:.�.-,:`�r.�*; '�-- ,.:ma's• ar- a.�,..� .,y;.:�"_.. '_� -- - yam:- Ysa'� . _4 Y�z,ydx'x, 1 o ° i n +4 F{ ��• ! � s �y. ,s4- 'cF T .dry 4 t ai � � C't' •� H �«o . � � ri • tr St= k w � ZO �i H '= `� 'ate y, •� gid, n� � � "�'�•.`' a� � 's�� k y_ #' r T ie r Q H t Q Ir tx fi t, r* n:'� 'geti �:. .2•a::�t^ y' .. -� ., yf'4"` aro�-�3 �e s,F s 5 ... �C�j F'�t: �` /.'. .. � y -"i `..L" "' x '�`^*)-iv -s �.� 'V• �:.c G� •ate FIGURE 7 s` 1