2004-1176-Ordinance No. 2004-018 Recorded 9/8/2004REVIE�W/rED'
;�
LEGAL COUNSEL
REVIEWED,
CODE REVIEW COMMITTEE
DESCHUTES
COUNTY CLERKDS CJ 7004'1116
NANCY
COMMISSIONERS' JOURNAL
21104-1276
09/08/2004 05 ; 00 ; 06 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC14UTES COUNTY, OREGON
An Ordinance Amending Title 18, the Deschutes
County Zoning Ordinance, of the Deschutes County
Code, to change the Official Zoning Map by
Changing the Zoning on Certain Property from
Exclusive Farm Use -Alfalfa Subzone to Urban Area
Reserve
* ORDINANCE NO. 2004-018
*
WHEREAS, the City of Bend (City) is in the process of completing periodic review of the Bend Area
General Plan; and
WHEREAS, the City completed an Economic Lands Study (ELS) as required by Policy 1 of Chapter 6
of the Bend Area General Plan and Task 2 of the City's Periodic Review Work Program; and
WHEREAS, the results of ELS shows the City did not have a 20 -year supply of industrial land within
the City's urban growth boundary (UGB); and
WHEREAS, the City has demonstrated a need for additional industrial land to meet its commercial and
industrial lands needs now and in the future; and
WHEREAS, the City has proposed amending its urban growth boundary (UGB) to include 513 acres of
property for commercial and industrial purposes; and
WHEREAS, the City has demonstrated that the proposed amendment meets all applicable state laws and
rules; and
WHEREAS, the Bend and Deschutes County Planning Commissions have considered the proposed
amendment through joint public hearings; and
WHEREAS, the Bend City Council has voted to approve the proposed amendment and forward it to the
Board of Commissioners for consideration; and
WHEREAS, the Board of Commissioners concur with the City's findings and conclude the public will
benefit from the amendment to the City's UGB to add land for industrial purposes; and
WHEREAS, the Board of Commissioners adopted a related amendment to the County's Comprehensive
Plan through Ordinance 2004-017; and
WHEREAS, the Board of County Commissioners considered the proposed amendment to the Official
County Zoning Map after a public hearing on August 11, 2004; now, therefore,
PAGE I OF 2 - ORDINANCE NO. 2004-018 (8/11/04)
THE BOARD OF COUNTY COMMISSIONERS OF DESC1 UTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. The official zoning map of Title 18 of the Deschutes County Code, the
Deschutes County Zoning Ordinance, is amended as shown to change the zone of the subject property as shown
on Exhibit "A" and described in Exhibit `B," from Exclusive Farm Use -Alfalfa subzone to Urban Area Reserve.
Section 2. FINDINGS. The Board of County Commissioners adopts as its findings in support of the
amendment set forth herein the "Findings in Support of Proposed Re -Zone of Juniper Ridge from EFU-AL to
UAR-10" attached hereto as Exhibit "C" and by this reference incorporated herein.
DATED this 0 - day of 52004.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Cou _
TOM DEWOLF, Commissioner
Date of 1St Reading: day of Lt_ t,O I , 2004.
Date of 2nd Reading: day of ' ,'�i , 2004.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Michael M. Daly
Tom DeWolf
Dennis R. Luke t%
Effective date: t' day of us�t-� i(, 2004.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2004-018 (8/11/04)
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Deschutes County
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ZONING MAP
Exhibit "A" to /Ordinance 2004-018
V V
1,320 660 0 1,320
Feet
hM 23, zone
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Michael M. Daly, Chair
Tom DeWolf, Commissioner
Dennis R. Luke, Commissioner
ATTEST: Recording Smetary
Dated this day of August, 2004
Effective Date: November _, 2004
EXHIBIT `B"
That portion of Section 10, Township 17 South, Range 12 East of the Willamette Meridian lying
westerly of Pilot Butte Canal.
A portion of Assessors Map 17-12-00 (Index) Tax Lot 200
PAGE 1 OF I — EXHIBIT "B" TO ORDINANCE NO. 2004-018 (08/11/04)
EXHIBIT "C"
Findings in Support of Proposed Re -Zone
of Juniper Ridge from EFU-AL to UAR-10
Following are findings in response to standards of Sec. 18.136.020 of the Deschutes
County Code for re -zoning the Juniper Ridge site (see attached map) from Exclusive
Farm Use — Alfalfa Sub -Zone (EFU-AL) to Urban Area Reserve (UAR-10).
A. That the change conforms with the Comprehensive Plan, and the change is
consistent with the plan's introductory statement and goals.
Findings.•
The Juniper Ridge site is proposed for inclusion within the City of Bend's urban growth
boundary (UGB). Land within the UGB is identified as such on the Deschutes County
Comprehensive Plan Map. Once it has been included within the UGB, this proposal
would apply an Urban Area Reserve (UAR-10) County zoning designation to the site.
The current EFU-AL zoning of the site would no longer be appropriate once it is included
in the UGB. As property owner, the City of Bend intends to annex Juniper Ridge to the
city following the UGB expansion, and eventually zone it for future light industrial uses.
The Comprehensive Plan's introduction states that one of the plan's purposes is "to
promote the greatest efficiency and equity possible, while managing the continuing
growth and change of the area."' Efficiency and equity are achieved in this proposal by
zoning this site UAR-10. The purpose of the UAR-10 zone is to "serve as a holding
category and to provide an opportunity for tax differentials as urban growth takes place
elsewhere in the planning area, and to be preserved as long as possible as useful open
space until needed for orderly growth. ,2 The Juniper Ridge site will be needed in the
near future to provide much needed land for light industrial employment uses. The need
for this acreage and the suitability of the Juniper Ridge site have been well documented
in findings prepared to support the proposed UGB expansion.3 This site abuts the
existing UGB and Bend city limits on its west and south sides. Needed urban services
are located on adjacent properties and can be easily and efficiently extended into the site
following annexation. However, the City of Bend has also committed to complete an
extensive planning process for the site before beginning any light industrial development.
That planning process is underway and is expected to be complete by early 2005. Until
that time, the proposed UAR-10 zoning will preserve the future efficient use of this site
for light industrial uses in accordance with an adopted plan.
' Deschutes County Comprehensive Plan, Chapter 23.08.
2 Deschutes County Code, Chapter 19.12.010.
3 City of Bend, "Proposal for Urban Growth Boundary Expansion and General Plan Amendments — Juniper
Ridge," April 21, 2004, County File No. PA -04-02.
PAGE 1 OF 7 — EXHIBIT "C" TO ORDINANCE NO. 2004-018 (08/11/04)
EXHIBIT "C"
The introduction to the Comprehensive Plan also discusses the importance of citizen
participation in the planning process. The Deschutes County Board of Commissioners
will hold a public hearing on this zone change to solicit citizen input prior to taking
action on the proposal. Notice of this hearing was mailed to approximately 600 property
owners in the vicinity and other interested citizens. The City of Bend has also held
numerous public hearings and other events regarding the proposed UGB expansion and
future light industrial use of Juniper Ridge. The Deschutes County and Bend Planning
Commissions held joint hearings on the UGB expansion proposal on January 26, 2004
and February 9, 2004. The Bend City Council held an additional public hearing on May
5, 2004. At each of these events, the City made clear its intention to defer development
of Juniper Ridge until after completion of a development plan and City zoning for light
industrial use. Until that time, an interim zoning designation is needed while the site is
inside the UGB but outside the city limits. The UAR-10 designation will serve as the
most appropriate holding zone.
When land is added to the UGB, but remains outside the city limits, it becomes subject to
provisions of Title 19 of the Deschutes County Code. The purpose of Title 19 is to
"provide one of the principal means for implementation of the Bend Area General Plan.i4
Until Juniper Ridge is annexed to the City of Bend, it will remain within the Bend
Unincorporated Urban Area.s Title 19 includes a number of zoning designations that
may be considered for properties that are in the unincorporated urban area, pending future
annexation to the city. The UAR-10 zone is the only one of those zones whose explicit
purpose is to "serve as a holding category" for land that is intended to be developed in the
future for more intensive urban uses. The UAR-10 zoning designation of Juniper Ridge
is consistent with the City of Bend's intention to annex this site following UGB
expansion and to zone it eventually for light industrial use in conformance with an
adopted development plan, as discussed above.
Chapter 23.36.050 of the Deschutes County Comprehensive Plan contains goals and
policies relating to urbanization and the conversion of lands from rural to urban uses.
Following are goals from this chapter that are relevant to this proposal to apply UAR-10
zoning to Juniper Ridge. These goals are followed by findings of fact.
Goal 1: To provide for an orderly and efficient transition from rural to urban lands
Findings: The current zoning of the Juniper Ridge site is EFU-AL. The site lies
outside the Bend UGB and city limits. UAR-10 zoning of the site is proposed to
be simultaneous with UGB expansion, because EFU-AL is a rural zone and not
appropriate for lands within urban areas. UAR-10 is the most suitable zone for
this site to provide for an orderly and efficient transition from rural to urban lands.
As discussed above, the City of Bend as landowner intends to annex the Juniper
Ridge site to the city in the near future and zone the land for future light industrial
uses. That urban zone and light industrial development on the site will be
deferred until completion of a master plan for the site. The UAR-10 zoning will
4 Deschutes County Code, Title 19.04.020.
"'Ibid., Sec. 19.04
PAGE 2 OF 7 — EXHIBIT "C" TO ORDINANCE NO. 2004-018 (08/11/04)
EXHIBIT "C"
serve as an interim designation until that time as a logical step in the transition
from the site's current rural, undeveloped condition to a future urban condition.
As noted above, the purpose of the UAR-10 zone is "to serve as a holding
category" in situations such as this.
Goal 2: To assure that planning and implementation of plans in the urban areas are
consistent with the best interest of both urban and urbanizing area residents
Findings_ The City of Bend proposes to zone the Juniper Ridge site for light
industrial development in the near future, following its inclusion in the UGB and
annexation to the city. As part of the UGB expansion process, the City has
committed to delay light industrial development of the site until after completion
of the site planning process. Any light industrial development activity would
have to be preceded by IL zoning. The proposed UAR-10 zoning serves the
interest of residents in this area by maintaining the Juniper Ridge site in a holding
status until the site development plan is completed. The City's commitment to
delay industrial development is expressed in a Bend Area General Plan policy
adopted by the Bend City Council at the same time as the General Plan Map was
amended to include this site within the UGB. That policy states:
2. Prior to permitting industrial development on the Juniper Ridge site, the City
shall prepare and adopt a development plan for the area. Preparation of the plan
shall include an assessment of public facilities improvements, including
transportation facility improvements, that may be needed to support industrial
development .6
This commitment is the result of citizen input during public hearings held before
the Bend and Deschutes County Planning Commissions and the Bend City
Council in 2004 concerning proposed UGB expansion to include the Juniper
Ridge site. It addresses the concerns of residents both of Bend and the nearby
unincorporated area regarding potential impacts from future light industrial uses
on the site. The Juniper Ridge development plan process is well underway. The
City of Bend has hired a consultant team, Otak, Inc., to assist with developing this
plan. The project is funded in part by a $74,000 grant from the Oregon
Department of Land Conservation and Development. A series of design
workshops involving area residents and others has been scheduled for July 27-29,
2004. These workshops will be followed by additional opportunities for further
public comment during the fall of 2004. As noted above, the Juniper Ridge
development plan will be adopted by the City prior to the start of development
activity. That adoption process will involve a final round of opportunities for
citizen input to ensure that planning for this area will be consistent with the best
interest of both urban and urbanizing area residents.
6 City of Bend, "Proposal for Urban Growth Boundary Expansion and General Plan Amendments — Juniper
Ridge," April 21, 2004, County File No. PA -04-02, Exhibit D.
PAGE 3 OF 7 — EXHIBIT "C" TO ORDINANCE NO. 2004-018 (08/11/04)
EXHIBIT "C"
Goal 3. To retain and enhance the character and quality of the urban areas as growth
occurs. To recognize and respect the unusual natural beauty and character of the area
Findings_ The proposed UAR-10 zoning of this site will effectively preclude
urban development until after a development plan has been completed and urban
zoning has been applied. Although the UAR-10 zone permits a variety of uses,
including single-family dwellings on parcels of at least 10 acres, the City is
seeking UAR-10 zoning due to its primary function as a holding zone. As
landowner, the City has no intention to develop the site under UAR-10 zoning. In
the meantime, the Juniper Ridge site will remain undeveloped and continue to
contribute to the character and quality of this area. As discussed above, the City
is engaged in a development plan process for the site. One of the goals of that
project is to prepare a plan for development that takes into account the character
and quality of the surrounding area, as well as the natural beauty of the site itself.
Initial site analysis conducted for the Juniper Ridge development plan has already
identified a number of rock outcroppings (tumuli) and significant tree stands that
will be accounted for in preparation of development alternatives. Citizen input
will continue to be solicited on this planning project to help ensure that the
ultimate development of the site for urban purposes will conform with this goal.
Goal 4. To provide a sound basis for urbanization by establishing_ proper relationships
between residential, commercial industrial and open land uses; fostering
intergovernmental cooperation; and providing an efficient transportation system
Findings: The proposed UAR-10 zoning will provide a sound basis for
urbanization by serving as an interim holding zone for the Juniper Ridge site,
pending its eventual re -zoning and development for urban light industrial uses.
Intergovernmental cooperation is fostered through the process of expanding the
UGB to include Juniper Ridge and apply UAR-10 zoning as an interim holding
zone. That process has been guided by an intergovernmental agreement adopted
by the City of Bend and Deschutes County in 1998 that provides for joint action
by the Deschutes County Planning Commission, the Bend Planning Commission,
the Deschutes County Board of Commissioners, and the Bend City Council in
amending the UGB and managing growth in the Bend urban area. The proposed
UAR-10 zoning will have no impact on the transportation system in the vicinity
of Juniper Ridge. As discussed above, the UAR-10 zoning is intended to act as a
holding zone, and no development is contemplated under UAR-10 zoning.
Subsequent light industrial zoning and development will have significant impacts
to the transportation system. These impacts will need to be thoroughly analyzed
and necessary improvements will have to be made in conformance with
provisions of the Bend Area General Plan and statewide planning goals following
annexation of Juniper Ridge, and prior to its development for urban uses.
Goal 5. To retain and enhance desirable existing areas and to revitalize rehabilitate and
redevelop less desirable existing areas; to encouragepromote innovations in
PAGE 4 OF 7 — EXHIBIT "C" TO ORDINANCE NO. 2004-018 (08/11/04)
EXHIBIT "C"
development techniques in order to obtain maximum livability and excellence in planning
and design for development.
Findings: The Juniper Ridge area is in transition from a rural to an urban
character, as a result of its location abutting the Bend UGB and the City's
documented need for more land for future light industrial use. Although most of
the site will be developed for urban uses after annexation, Juniper Ridge contains
a number of significant rock outcroppings and stands of trees which will be
preserved. There is also a need to include substantial open space buffers between
future development on the site and abutting residential neighborhoods to the west
and south. Through an order adopted by the Deschutes County Commissioners in
2003, the City is required to reserve at least ten percent of the Juniper Ridge site
for public open space and/or park uses.7 The proposed UAR-10 zoning will
enable the site to be preserved in its current condition prior to re -zoning for light
industrial development.
UAR -10 zoning will also act to preclude development of the site for urban uses
until after completion of the site development plan for Juniper Ridge. As noted
above, the City of Bend has contracted with Otak, Inc. to prepare an innovative
development plan to provide for a mix of light industrial and related uses, while
preserving significant natural features and open spaces. The process of creating
this plan includes numerous opportunities for public input to ensure a high degree
of livability both within the Juniper Ridge site and for nearby properties as future
urban development takes place.
B. That the change in classification for the subject property is consistent with the
purpose and intent of the proposed zone classification.
Findings:
The proposed zone for the Juniper Ridge site is UAR-10. The purpose of the UAR-10
zone is to "serve as a holding category and to provide an opportunity for tax differentials
as urban growth takes place elsewhere in the planning area, and to be preserved as long
as possible as useful open space until needed for orderly growth." This site has been
identified by the City of Bend as needed and suitable for future urban light industrial
development, consistent with Statewide Planning Goals 2, 9 and 14. Until the site is
annexed to the city, and until a site development plan is completed, Juniper Ridge will
need a zoning designation that is appropriate for unincorporated lands within the Bend
UGB, and that serves as an interim holding zone. The UAR-10 zone meets that need; its
purpose of serving as a "holding category... until needed for orderly growth" is
consistent with the City's intent in seeking this zone change.
Order No. 2003-119, Board of County Commissioners of Deschutes County, December 17, 2003.
PAGE 5 OF 7 — EXHIBIT "C" TO ORDINANCE NO. 2004-018 (08/11/04)
EXHIBIT "C"
C. That changing the zoning will presently serve the public health, safety, and
welfare considering the following factors:
The availability and efficiency of providing necessary public services and facilities.
The impacts on surrounding land use will be consistent with the specific goals and
policies contained within the Comprehensive Plan.
Findines•
The proposed UAR-10 zoning will serve the public health, safety, and welfare by placing
the Juniper Ridge site in a "holding category... until needed for orderly growth," as
provided in the purpose section of the UAR-10 zone.$ Although this site has been
identified as needed for future light industrial uses, no industrial development will take
place until after the site has been annexed, a development plan has been adopted by the
Bend City Council, and one or more urban zoning designations have been applied.- The
UAR-10 zone will serve as an interim holding zone between the time of the UGB
expansion and the start of future light industrial development.
During this time, the UAR-10 zone will support the future provision of public services
and facilities in an efficient manner. The UAR-10 zone permits only a limited number of
uses, in order to encourage the site's preservation until annexed for urban development.
Because this site is needed for future light industrial uses, the City of Bend, as landowner,
has no intention of permitting development while the UAR-10 zoning remains in effect.
Through preparation of a site development plan for Juniper Ridge, the City will plan for
the efficient provision of a full range of public services and facilities to serve future light
industrial uses.
UAR-10 zoning of this site will result in no impacts to surrounding land uses. As
indicated, the UAR-10 zoning is being sought as a holding zone; the City has no
intention to permit development of Juniper Ridge under UAR-10 zoning. Subsequent
zoning of the site for urban light industrial uses, after annexation to the City of Bend, will
allow for future development with potential for a variety of impacts to surrounding land
uses. As discussed above, the City of Bend, as landowner, has committed to prepare a
site development plan with input from affected citizens prior to beginning development
of the property for urban uses. That citizen input is being sought for the purpose of
identifying future potential impacts to surrounding land uses and taking steps to mitigate
them. Urban -level development of the site will take place in conformance with the site
development plan, with policies of the Bend Area General Plan, and with development
standards of the Bend City Code.
D. That there has been a change in circumstances since the property was last zoned,
or a mistake was made in the zoning of the property in question.
Findings:
s Deschutes County Code, Chapter 19.12.010.
PAGE 6 OF 7 — EXHIBIT "C" TO ORDINANCE NO. 2004-018 (08/11/04)
EXHIBIT "C"
The Juniper Ridge site has been zoned EFU-AL since Deschutes County acquired the
property from the U. S. Bureau of Land Management in 1983. Since that time, and
especially during the last five years, there has been a significant change in circumstances
in this area. First, the City of Bend has annexed all land within its UGB to accommodate
a very high rate of growth since the 1990s. The Bend city limits now abut the Juniper
Ridge site on its west and south sides. Second, in 1999-2000 the City of Bend updated
and analyzed its inventory of buildable lands for future industrial and commercial
development within the UGB. The results of this update and analysis indicated that an
expansion of the UGB was needed and justified to achieve an adequate inventory of
buildable lands for future industrial use.9 This analysis also identified Juniper Ridge as
one of the most suitable sites for accommodating future light industrial development in
Bend. The City of Bend has amended its General Plan to expand the UGB and include
the Juniper Ridge site. Deschutes County has been requested to make corresponding
amendments to its Comprehensive Plan Map. If approved, Juniper Ridge will lie within
Bend's UGB and will need a zoning designation under Title 19 of the Deschutes County
Code that serves as a holding zone pending future annexation and re -zoning for urban
light industrial uses. The UAR-10 zone is appropriate for that purpose.
9 City of Bend, Economic Lands Study. Community Development Department, December, 2000.
PAGE 7 OF 7 — EXHIBIT "C" TO ORDINANCE NO. 2004-018 (08/11/04)