2004-1177-Ordinance No. 2004-017 Recorded 9/8/2004REVIEWED
LEGAL C UNSEL
REVIEW
l
CODE REVIEW COMMITTEE
TES COUNTY OFFICIAL RECO
NANCY UBLANKENSHIP, COUNTY CLERKDS 4J 2004'1177
COMMISSIONERS' JOURNAL
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2004-1177
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 23, the Deschutes
County Comprehensive Plan, of the Deschutes * ORDINANCE NO. 2004-017
County Code, to Change the Plan Designation for
Certain Property from Agriculture to Urban Growth
Boundary.
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 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 concurs with the city's findings and concludes the public will
benefit from the amendment to the City's UGB to add land for industrial purposes; and
WHEREAS, the Board of County Commissioners considered the proposed amendment to the
Comprehensive Plan map after a public hearing on August 11, 2004; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
PAGE 1 OF 2 - ORDINANCE NO. 2004-17 (08/11/04)
Section 1. AMENDMENT. The Deschutes County Comprehensive Plan is amended as shown to
change the plan designation of property as shown on Exhibit "A" and described in Exhibit `B," from
Agriculture to Urban Growth Boundary.
Section 2. AMENDMENT. DCC Chapter 23.120, Exceptions Statement, of the Deschutes County
Comprehensive Plan is hereby amended as shown in Exhibit "C," with new language shown in underline.
Section 3. FINDINGS. The Board of County Commissioners adopts as its findings in support of the
amendment set forth herein the Burden of Proof attached hereto as Exhibit "D," and the Additional Findings
attached hereto as Exhibit "E", and by this reference incorporated herein.
DATED this 0day of U '2004.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
MIC EL M. ALV, ehair
NNIS R. LUKE, Commissioner
TOM DEWOLF, Commissioner
Date of lst Reading: day of , 2004.
Date of 2°d Reading: % day of , 2004.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Michael M. Daly f/
Tom DeWolf
Dennis R. Luke
Effective date: U 11 day of 2004.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2004-17 (08/11/04)
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July 23, 2004
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Michael M. Daly, Chair
Tom De Wolf, Commissioner
Dennis R. Luke, Commissioner
ATTEST: Recording Secretary
Dated this _ day of August, 2004
Effective Date: November 2004
—d
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 1 — EXHIBIT `B" TO ORDINANCE NO. 2004-017 (08/11/04)
EXHIBIT "C"
23.120.180.2004 City of Bend Urban Growth Boundary Amendment (Juniper Ridge)
In conjunction with approval of PA -04-2 for the amendment of the City of Bend urban growth
boundary to include 513 acres of land for industrial purposes an exception to Statewide Planning
Goal 3, Agriculture, was taken to allow for the subject amendment of the city's urban growth
boundary. Reasons justifying why the state policy embodied in Goal 3 should not apply in this
situation are as set forth in Exhibit D to Ordinance 2004-017 which findings are incorporated
herein by reference. (2004)
(Ord 2004-017; Ord. 2002-005 § 1, 2002; Ord. 2000-017 § 1, 2000; Ord. 97-060, 1997)
Page 1 OF 1 — EXHIBIT "C" TO ORDINANCE NO. 2004-017 (08/11/04)
EXHIBIT "D„
CITY OF BEND
PROPOSAL FOR URBAN GROWTH BOUNDARY EXPANSION AND GENERAL
PLAN AMENDMENTS — JUNIPER RIDGE
DATE: April 21, 2004
CITY FILE NO.: PZ 03-565
COUNTY FILE NO.: PA 04-02
APPLICANT: City of Bend
P. O. Box 431
Bend, Oregon 97709
Attn: Brian Shetterly, AICP, Principal Planner
e-mail: bshetterly@ci.bend.or.us
(541) 385-6680 (telephone)
(541) 388-5519 (fax)
OWNER: City of Bend
P. O. Box 431
Bend, Oregon 97709
APPLICANT'S Peter Schannauer, Assoc. City Attorney
ATTORNEYS: Forbes & Schannauer
835 NW Bond
Bend, Oregon 97701
541-382-3917 (telephone)
541-382-4215 (fax)
pschannauernci.bend. or.us
Jeffrey G. Condit
Miller Nash, LLP
3500 U.S. Bancorp Tower
111 SW Fifth Ave.
Portland, Oregon 97204
503-224-5858 (telephone)
503-224-0155 (fax)
condit@millemash.com
PAGE 1 OF 38 — EXHIBIT "D" TO ORDINANCE NO. 2004-017 (08/11/04)
EXHIBIT "D"
SUBJECT PROPERTY: That portion of Section 10, Township 17S, Range 12E
lying westerly of Pilot Butte Canal, operated by Central
Oregon Irrigation District. Tax Assessor's Map 17-12,
Tax Lot 200 (see attached map).
REQUEST: Request for Approval of amendment to the Bend Area
General Plan to include approximately 513 acres of the
above -referenced subject property within the City of
Bend Urban Growth Boundary; designating this
acreage as Industrial Light on the Bend Urban Area
General Plan Map; amending Chapter 6 of the Bend
Area General Plan; and adopting the Economic Lands
Study as an appendix to the Bend Area General Plan.
ATTACHMENTS: Exhibit A — Map: Juniper Ridge UGB Expansion Area
Exhibit B — Economic Lands Study (Parts 1-3)
Exhibit C — Draft Revised Chapter 6, Bend Area
General Plan
Exhibit D — Draft Amendments to Policies, General
Plan Chapter 6
The Applicant provides the following information, in the form of proposed findings of fact
and conclusions of law, in support of the above land use application.
I. APPLICABLE CRITERIA
The following provide relevant approval criteria for this application:
1. Bend Area General Plan
A. Future Plan Updates (p. P-6)
B. Plan Management and Citizen Involvement, Urban Planning Coordination Policy
C. The Economy and Lands for Economic Growth, General Policy 1 and Industrial
Development Policy 3
2. Oregon Statewide Planning Goal 1
3. Oregon Statewide Planning Goal 3
PAGE 2 OF 38 — EXHIBIT "D" TO ORDINANCE NO. 2004-017 (08/11/04)
EXHIBIT "D"
4. Oregon Statewide Planning Goal 9
5. Oregon Statewide Planning Goal 12 (OAR 660-012-0060)
6. Oregon Statewide Planning Goal 14 (OAR 660-015-0000[14])
7. ORS 197.298
8. Exceptions Under Oregon Statewide Planning Goal 2 (OAR 660-0040-0010)
9. Other Applicable Statewide Planning Goals
II. PROCEDURE
Legislative land use actions in and adjacent to the Bend urban area are governed by a joint
management agreement adopted by the City of Bend and Deschutes County in 1998. They
are also governed by the City of Bend's Land Use Procedures Ordinance and by the
Deschutes County Procedures Ordinance. These documents call for public hearings on the
proposal by both the City and County Planning Commissions. The Planning Commissions
then make a recommendation to the two governing bodies, the Bend City Council and the
Deschutes County Board of Commissioners. The governing bodies must hold public
hearings to consider the Planning Commissions' recommendation and then take final action
to adopt, modify, or reject the proposal. If adopted, the General Plan amendments must be
transmitted to the Oregon Department of Land Conservation and Development for
acknowledgment as being in compliance with applicable state land use laws.
III. BACKGROUND
In 2000 City of Bend staff completed an inventory and analysis of buildable commercial and
industrial land within the Bend Urban Growth Boundary. At the same time, staff also
forecasted the commercial and industrial land needs to determine the adequacy of the land
supply for the 20 year planning period ending in 2020. This work is documented in a three-
part study, the Economic Lands Study (ELS), attached as Exhibit B, that found there is not
enough buildable industrial land within the urban growth boundary to meet the forecast need.
Preparation of the ELS was required by Policy 1 of Chapter 6 of the Bend Area General Plan.
It was also mandated as part of Task 2 of Bend's Periodic Review Work Program. That task
requires the city to:
Update the Inventory of Vacant Industrial and Commercial Land which meets the
requirements of Statewide Planning Goal 9 and OAR 660, Division 9. Conduct
additional analysis of land needed for economic development.
Products: (A) Inventory of buildable land for commercial and industrial development
PAGE 3 OF 38 — EXHIBIT "D" TO ORDINANCE NO. 2004-017 (08/11/04)
EXHIBIT "D„
within the urban area. (B) Study that analyzes the amount of land needed for future
economic growth. (C) If needed, based on products A and B above, an evaluation of
land outside the UGB that may be needed and suitable for economic growth which may
result in a proposal to include land within the UGB for economic development.
The General Plan amendments proposed in this application are intended to carry out the
recommendations of the ELS and fulfill General Plan Policy 1 (Chapter 6), and Periodic
Review Task 2.
The ELS considered various measures to provide for the forecast industrial lands need,
including re -zonings and potential redevelopment opportunities for properties already within
the UGB. For the needed industrial lands, these various planning and zoning measures would
only provide for a small portion of the additional required acreage. In order to meet the
forecast need, the ELS recommended expanding the UGB by 245 acres.' Since completion
of the 2000 study, additional industrial acreage has been consumed by on-going development
activity. The need for this additional industrial land, as discussed in the ELS, is for:
1. Land that is suitable for light industrial development to provide for choice in the
normal industrial land market place; and
2. Land that will provide sites for large tracts and that meets the need for large site
uses. Larger sites will allow local firms to expand and provide suitable sites for
new manufacturing or high-technology firms to locate in Bend.2
After identifying a need for more industrial land, a total of 14 candidate sites were evaluated
in Part 2 of the ELS for suitability as future industrial development sites.3 Nine of these 14
candidate sites were located outside the UGB. All the potential sites were evaluated using
criteria appropriate to industrial development and rated using a scoring system. The two sites
outside the UGB that were found to have the greatest potential and overall suitability for
industrial development were the Juniper Ridge site, and a 35 -acre parcel known as the
Hunnell Rd. site, located to the west of Juniper Ridge, across U.S. Hwy. 97. The Economic
Lands Study recommended that both of these sites be brought into the UGB to ensure an
adequate supply of land for the long-term economic viability of the community. These
actions are also needed to bring the city into conformance with the requirement of Statewide
Planning Goal 9 (OAR 660-009-0025) that the city designate at least a projected 20 -year
supply of buildable lands for future industrial development. It is important to note, as
discussed further below, that Goal 9 and its administrative rule do not prohibit the inclusion
of somewhat more than the estimated 20 -year buildable lands need, especially where there is
a demonstrated need for certain types of industrial sites, i.e. large -lot sites.
1 City of Bend, Economic Lands Study, Part 3, p. 3, December 2000.
2 Ibid.
3 City of Bend, Economic Lands Study, Part 2, December 2000, p. 14-20.
PAGE 4 OF 38 — EXHIBIT "D" TO ORDINANCE NO. 2004-017 (08/11/04)
EXHIBIT "D"
IV. PROPOSED GENERAL PLAN AMENDMENTS
The purpose of these proposed General Plan amendments is to fulfill the requirements of
Periodic Review Task 2; carry out in part the recommendation of the Economic Lands Study
to achieve a greater supply of industrial land; achieve conformance with Statewide Planning
Goal 9 by expanding the Urban Growth Boundary to take in approximately 513 gross acres of
the Juniper Ridge site; and to designate that area on the General Plan Map for Light
Industrial Use. A separate follow-up action will be needed to apply an urban ndustrial zoning
designation to this site. A separate application has also been prepared to simultaneously
expand the Urban Growth Boundary to include the Hunnell Rd. site (35 acres), thereby
adding a total of approximately 548 acres of land to Bend's urban area. As discussed below,
it is expected that topographic constraints and the need to provide for streets and other urban
services will yield approximately 364 net buildable acres from this amount. It is also the
purpose of this proposal to amend the General Plan by revising Chapter 6 of the Bend Area
General Plan to include updated economic data, acknowledge the findings of the Economic
Lands Study, and adopt policies relating to development of the Juniper Ridge site.
Juniper Ridge Site Description
This site is one-half mile east of Highway 97 N adjacent to the Bend UGB on two sides. It is
an area that is designated as Agriculture in the Deschutes County Comprehensive Plan, and is
zoned Exclusive Farm Use — Alfalfa (EFU-AL). The southwest edge of this site is adjacent
to Cooley Road, a designated urban arterial. Cooley Road will provide direct access from the
site to Hwy. 97. NE 181h Street, also an urban minor arterial, "Tees" into Cooley Road
opposite the Juniper Ridge site.
At the Juniper Ridge site the city proposes to add approximately 513 gross acres to the UGB,
consisting of that portion of Section 10, T17S, R12E lying west of the C.O.I.D. irrigation
canal. As discussed more fully below, up to 175 acres of this site is expected to be
unbuildable due to topographic constraints and the need for open space buffers, streets, and
utilities.
The City and County first started the process to designate this site for industrial uses in the
late 1970's after an industrial lands study identified it as a desirable location for industrial
development. The 513 -acre area proposed to be included in the UGB is part of a larger,
1,500 -acre area (fourteen tax parcels) currently owned by the City of Bend. This area had
previously been owned by Deschutes County. The County transferred title to the property to
the City in 1990 after the County had traded lands with the U.S. Bureau of Land
Management. The City and County identified this area for industrial development in the
Bend Area General Plan that was acknowledged in 1981. Among the reasons this site was,
and still is, considered desirable for industrial development are the following:
PAGE 5 OF 38 — EXHIBIT "D" TO ORDINANCE NO. 2004-017 (08/11/04)
EXHIBIT "D"
• It is adjacent to the Urban Growth Boundary.
• The BNSF freight rail line runs through the northwest corner of the site.
• It is adjacent to two urban arterial roads, and close to Highway 97.
• It is a large, vacant site under public ownership.
• It is buffered from agricultural uses and large lot rural residential development and by
additional land under the same (city) ownership.
• The site has shallow, rocky soil with many rock outcroppings that make it unsuitable
for agriculture.
• The site has never been farmed or used for grazing, and is not suitable for those
purposes.
The City has determined through the ELS that suitable industrial land is a relatively scarce
resource in the Bend area. Large -lot industrial sites are even more rare. Piece -meal
development of the Juniper Ridge site can be prevented through the adoption of policies that
commit the City, as owner, to prepare a development plan and to reserve a substantial portion
of the site for large -lot development. These draft policies are attached as Exhibit D.
VII. PROPOSED FINDINGS OF FACT
The City proposes that the Bend City Council and the Deschutes County Board of
Commissioners adopt the following findings of fact and approve the proposed General Plan
amendments, based on the following findings:
Bend Area General Plan
Future Plan Updates (p. P-6): The General Plan is a document that changes over time
to reflect new information and new directions for the future. Amendments or additions
to the General Plan text, exhibits, and policies go through a public hearing and review
process before being adopted by the governing bodies. Changes and updates can be
generated in at least six ways:
...Evaluation of land use topics required to be reviewed under the Oregon Land
Conservation and Development Commission's "periodic review" of the General Plan.
The state requires all local plans to be updated periodically to comply with applicable
new state laws, administrative rules, or to incorporate new data available to the state.
FINDING: In 1999 the Oregon Department of Land Conservation and Development
approved the City of Bend's Periodic Review Work Program. Task 2 of this work program
requires the City to update its inventory of buildable lands for commercial and industrial use,
and to consider adding land to the inventory if the update analysis finds a deficiency in the
20 -year land supply requirement of Goal 9. In compliance with Periodic Review Task 2,
Bend City staff prepared the three-part Economic Lands Study. This analysis, supplemented
PAGE 6 OF 38 — EXHIBIT "D" TO ORDINANCE NO. 2004-017 (08/11/04)
EXIIIBIT "D"
by additional findings below, supports expansion of the UGB on this site to achieve some
338 net acres to help meet the city's estimated 20 -year industrial land supply requirement.
The City has also identified a need to have available several large, vacant industrial parcels to
accommodate potential demand for large industrial users. By adding the 513 -acre Juniper
Ridge site to the UGB and designating it for future industrial use, approximately 338 net
acres will be available for both large -lot and smaller scale development. The net acreage of
the Juniper Ridge UGB expansion area is sufficient to allow for creation of a number of large
parcels (over 10 acres in size, and perhaps up to 50-75 acres) to meet the needs of large
industrial users. The 35 acres of the Hunnell Rd. site, also proposed to be added to the UGB,
will help to ensure that a variety of industrial parcels will be available to at least meet the
projected need for industrial development to the year 2025.
Because Periodic Review Task 2 found the City to be out of compliance with Goal 9's
requirement for at least a 20 -year buildable lands supply for industrial development, it is
necessary to amend the Bend Area General Plan to expand the UGB in order to provide for a
portion of the land area needed to comply with Goal 9. For the same reason, it is also
necessary to apply a designation of Light Industrial to the General Plan Map for this site, and
to amend General Plan policies (see Exhibit D, attached) to ensure that this site will be zoned
and developed in a manner that enables the city to meet its long-term industrial land needs.
Plan Management and Citizen Involvement, Urban Planning Coordination Policy 1:
1. Growth in the Bend Area shall be managed through the cooperative efforts of the
City of Bend and Deschutes County.
FINDING: The 1998 Joint Management Agreement for the Bend urban area, adopted by
both the City and the County, authorizes the City to initiate comprehensive plan amendments
in Bend's urban area. Such amendments must by considered by both City and County
Planning Commissions and by the two governing bodies. In addition, the Joint Management
Agreement calls for planning staffs of the two jurisdictions to coordinate staff work
connected with plan amendments. The Juniper Ridge site was transferred from County to
City ownership in 1990 with the intent of eventually being made available for urbanization as
industrial land. In 1998, as the Bend Area General Plan was undergoing a major update,
discussions were held between the City and County concerning the need for the Juniper
Ridge site to be brought into Bend's UGB as part of its industrial lands inventory. Action
was delayed at that time to allow for further detailed analysis in connection with Task 2 of
the City's Periodic Review Work Program. Since winter of 2003 City staff have been
meeting periodically with County staff, as well as with representatives from a variety of
affected state agencies (acting as the Governor's Economic Revitalization Team), to
coordinate the process of amending the UGB to make the Juniper Ridge and Hunnell Rd.
sites available for urbanization as industrial land. In accordance with the Joint Management
Agreement, formal notice of the City's proposal to amend the Bend Urban Area General Plan
PAGE 7 OF 38 — EXHIBIT "D" TO ORDINANCE NO. 2004-017 (08/11/04)
EXHIBIT "D"
as described in this application was provided to County planning staff on January 12, 2004.
The City of Bend Planning Commission and the Deschutes County Planning Commission
held a joint public hearing on this proposal on January 26, 2004 and February 9, 2004. Both
Commissions have recommended to their respective governing bodies that this proposal be
approved, although the County Planning Commission recommended limiting the amount of
land to be designated for industrial use.
The Economy and Lands for Economic Growth, General Policy 1:
1. After the General Plan update in 1998 the city shall resume its study of industrial
and commercial land needs, land supply, and allocation of future lands. The study will
include an evaluation of the "industrial reserve" site north of Cooley Rd., and other
potential industrial areas inside and adjacent to the UGB, and local/regional
commercial centers.
FINDING: The three-part Economic Lands Study was prepared in 2000, and completed in
2001 in direct response to this policy mandate. As discussed above, this study found that
Bend has an inadequate supply of industrial lands, given the requirements of Goal 9 and
OAR 660-009-0025. The study also evaluated fourteen candidate sites, both within and
outside the UGB to meet this deficit.4 One of these sites was the site north of Cooley Rd.,
east of Hwy. 97, known as Juniper Ridge. Of the fourteen candidate sites, the two that were
found most suitable for industrial use were the Hunnell Rd. site and Juniper Ridge.
Industrial Development Policy 3:
1. The community shall attempt to diversify its industrial base.
FINDING: These proposed General Plan amendments will facilitate a greater diversity of
sites available for industrial use. At present, there are only five vacant, industrial -zoned sites
within the City of Bend that are over ten acres in size; only one of those sites is larger than
thirty acres. There is a need for the industrial lands inventory to include a number of larger
sites, in addition to meeting the aggregate forecast need for industrial acreage. Inclusion of
the Juniper Ridge site within the UGB would make creation of these larger industrial parcels
possible. Draft General Plan policy amendments attached as Exhibit D would require a
certain amount of Juniper Ridge to be designated specifically for parcels of at least ten acres.
Oregon Statewide Planning Goal 1
4 City of Bend, Economic Lands Study, 2001, Part 2, p. 15.
PAGE 8 OF 38 — EXHIBIT "D" TO ORDINANCE NO. 2004-017 (08/11/04)
EXHIBIT "D"
Goal 1 is "To develop a citizen involvement program that insures the opportunity for citizens
to be involved in all phases of the planning process."
FINDINGS: Conformance with Goal 1 is achieved through Chapter 1 of the Bend Area
General Plan and through implementing measures such as the Zoning Ordinance and the
Land Use Permit and Review Procedures Ordinance. Chapter 1 of the General Plan identifies
the Bend Planning Commission as the official Citizens' Involvement Committee for the
urban area.
Policy 16 of Chapter 1 of the General Plan states that "The city will use other mechanisms,
such as, but not limited to, meetings with neighborhood groups, planning commission
hearings, design workshops, and public forums, to provide an opportunity for all the citizens
of the area to participate in the planning process." City staff met with representatives of the
Boyd Acres Neighborhood Association on December 4, 2003 to announce this proposal. An
open house for residents and property owners to discuss this proposal was held at Sky View
Middle School on January 14, 2004. This open house was preceded by a mailed notice to
approximately 600 property owners within a half -mile radius of the Juniper Ridge site.
The Land Use Permit and Review Procedures Ordinance (Sec. 10-16.3) requires that the
Planning Commission and the City Council both hold public hearings prior to acting on a
proposed amendment to the General Plan. The Planning Commission public hearing on this
proposal was held on January 26, 2004 and February 9, 2004. It was preceded by a hearing
notice published in the Bend Bulletin on January 13, 2004 and by mailed notice to
approximately 600 property owners within a half -mile radius of the proposal area. The City
Council public hearing on these proposed amendments will be followed by a Deschutes
County Board of Commissioners public hearing to consider this proposed UGB expansion, in
accordance with an intergovernmental agreement for joint management of the Bend urban
area adopted by the City of Bend and Deschutes County in 1998.
OreEon Statewide Planninta Goal 3
Goal 3 is "To preserve and maintain agricultural lands."
FINDINGS: Goal 3 identifies agricultural land in eastern Oregon (including Central
Oregon) as land of predominantly Class I -VI soils. As indicated in Part 3 of the ELS,
approximately 90% of the acreage proposed for inclusion in the UGB is made up of the
Gosney-Rock Outcrop-Deskamp soil complex. This soil complex has a SCS Class VIIs and
VIIIs capability rating without irrigation. Further documentation attached to the ELS finds
that the Juniper Ridge site has no irrigation water rights, and that even if the site had water
rights, the rock outcroppings and topographic constraints make irrigation infeasible. The
Juniper Ridge site has never been actively farmed, and Bureau of Land Management records
indicate that there is no history even of grazing on the site. Because the Juniper Ridge site
PAGE 9 OF 38 — EXHIBIT "D" TO ORDINANCE NO. 2004-017 (08/11/04)
EXHIBIT "D„
does not meet the Goal 3 definition of agricultural lands, the proposed inclusion of the site in
Bend's UGB would not be in conflict with Goal 3.
Oregon Statewide Planning Goal 9
Goal 9 is "To provide adequate opportunities throughout the state for a variety of economic
activities vital to the health, welfare, and prosperity of Oregon's citizens."
FINDINGS: OAR 660-009 implements Goal 9. This administrative rule requires the City to
maintain its comprehensive plan and land use regulations so as to provide adequate
opportunities for a variety of economic activities, and to assure that these are based on
available information about state and national economic trends. In Bend's case, the purposes
of Goal 9 and OAR 660-009 will be achieved through adoption of these proposed General
Plan amendments, the UGB expansion, and related actions to make the Juniper Ridge site
available for industrial development. The Economic Lands Study of 2001 was prepared as
part of Bend's periodic review of its comprehensive plan (Task 2 of the City of Bend
Approved Periodic Review Work Program) It contains extensive data and analysis relating to
local, state, and national economic trends, and the availability of land to accommodate future
economic development. These findings indicate that Bend does not have a long-term supply
of land for the industrial lands category, as required by OAR 660-009-0025. The ELS further
identifies the Juniper Ridge and Hunnell Rd. sites as the most suitable locations for meeting
the city's long-term need for industrial lands. Adoption of these proposed General Plan
amendments to expand the UGB and make the Juniper Ridge site available for industrial
development will fulfill Periodic Review Task 2, bring the city into conformance with Goal
9, and help to ensure adequate opportunities for a wide variety of economic activities in the
Bend area.
Part 3 of the Economic Lands Study recommended adding some 245 acres of industrial land
to the UGB, to meet an estimated 20 -year demands That recommendation was based on an
estimated need for 205 additional net acres (after adjusting for a pending, 10 -acre plan map
amendment) for industrial development. The study's analysis was based on a lot -by -lot
inventory of commercial and industrial buildable lands to determine the adequacy of Bend's
economic land supply. That inventory used land use data that was current through 1999.
Since completion of the Economic Lands Study, the city's buildable lands inventory for
industrial use has been reduced by an additional 38 acres as development activity has
continued. No new acreage has been added to the inventory during that period. To carry out
the recommendation of the ELS, the 245 acres to be added to the inventory through UGB
expansion should be increased by the 38 acres absorbed since that recommendation was
made, in order to stay well ahead of forecast demand. When this adjustment is made, the
5 City of Bend, Economic Lands Study, Part 3, p. 4, December 2000.
PAGE 10 OF 38 —EXHIBIT "D" TO ORDINANCE NO. 2004-017 (08/11/04)
EXHIBIT "D"
estimate of the acreage recommended to be brought into the UGB increases to approximately
283 acres.
This proposal calls for bringing approximately 513 acres of Juniper Ridge into the UGB for
industrial use. In 1992 an analysis of the Juniper Ridge site was carried out, and alternative
master plans were drafted as part of a study considering the need for more industrial land in
Bend.6 That site analysis estimated that only about 338 acres of the 513 total acres of this site
would be developable, taking into account a number of large rock outcroppings, significant
native plant communities, and other geographical constraints, as well as the need to construct
major streets and provide open space and buffers adjacent to residential neighborhoods.
When combined with the proposed Hunnell Rd. UGB expansion (approximately 26 net
acres), a total of some 364 net acres would be added to Bend's industrial lands inventory.
Although this is larger than the 245 acres recommended in the ELS, it would not result in an
unnecessary surplus of acreage. The statewide economic recession which began in 2001 has
spurred increased interest both locally and statewide in making more land market -ready for
industrial use as an economic development strategy.7 To be successful, this strategy must
include adding greater amounts of land for new industrial development, as well as large -lot
sites, to the community's industrial lands base.
Of the two sites proposed for inclusion within the UGB at this time (Hunnell Rd. and Juniper
Ridge), only Juniper Ridge is large enough to allow for creation of a number of very large
(i.e. 25-100 acres) industrial parcels. By bringing all of Juniper Ridge west of the COI canal
into the UGB, it will be possible to create several large -lot industrial parcels and still have
space for an assortment of smaller parcels, while also preserving topographic features,
meeting open space needs and providing for future streets and utilities. Exhibit D includes
draft policy language to be included in Chapter 6 of the Bend Area General Plan, requiring
that at least 30% of the Juniper Ridge site's net buildable area be allocated to creation of
industrial sites at least ten acres in size.
Finally, it should be noted that OAR 660-009-0025(2) requires the City's comprehensive plan
to designate lands for future industrial development that "shall at least equal the projected
land needs... during the 20 -year planning period," (emphasis added). The findings of the
Economic Lands Study (updated with more recent data) plus the need to preserve large areas
of topographic features and open space, combined with the urgent regional and statewide
need for large -lot industrial sites, all support the inclusion of the proposed 513 acres of
Juniper Ridge within the UGB to achieve conformance with Goal 9.
6 Industrial Land Analysis and Industrial Area Master Plan; Mitchell, Nelson Wellborn Reimann Partnership,
Portland Oregon, August 1, 1992.
7 Governor's Executive Order No. 03-02 - Industrial Lands, February 18, 2003; GROW: Governor's
Recovery for Oregon Workers — An Action Plan for Jobs, Office of the Governor,
http: //governor. oregon.gov/grow. him;
PAGE 11 OF 38 — EXHIBIT "D" TO ORDINANCE NO. 2004-017 (08/11/04)
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Oreton Statewide Planning Goal 12
Goal 12 is "To provide and encourage a safe, convenient and economic transportation
system."
FINDINGS: OAR 660-012 implements Goal 12. This administrative rule requires the City
to prepare and adopt a Transportation System Plan (TSP) as part of its comprehensive plan.
The Bend Urban Area Transportation System Plan was adopted October 11, 2000.
As discussed in Part 3 of the ELS, traffic load modeling conducted as input to the TSP in
2000 anticipated potential development of a portion of the Juniper Ridge site. This modeling
indicated that the existing minor arterial streets serving this area (NE Cooley Rd. and NE 181'
St.) could accommodate some industrial development on the site. Recent analyses have
found, however, that the existing intersection of Cooley Rd./Hwy. 97 is nearing capacity at
present, and will need to be upgraded in order to accommodate substantial future
development in Juniper Ridge, as discussed below.
OAR 660-012-0060 contains criteria that local comprehensive plans and their TSP's must
address whenever a proposed amendment will significantly affect a transportation facility
within the system. OAR 660-012-0060 (2) states that a plan or land use regulation
amendment significantly affects a transportation facility if it:
a) Changes the functional classification of an existing or planned transportation facility;
b) Changes the standards implementing a functional classification system;
c) Allows types or levels of land uses which would result in levels of travel or access
which are inconsistent with the functional classification of a transportation facility; or
d) Would reduce the performance standards of the facility below the minimum
acceptable level identified in the TSP.
This proposed General Plan amendment to include Juniper Ridge within the UGB and
designate it for light industrial use will not in itself affect the identified function, capacity,
and performance standards of any transportation facilities in the vicinity. However, there is
evidence that subsequent industrial development of the Juniper Ridge site will significantly
affect the intersection of Cooley Rd. with Hwy. 97, by allowing types and levels of land uses
which would result in levels of traffic or access which are inconsistent with the functional
classification of this intersection, and which would reduce the performance standards of this
facility below the minimum acceptable level identified in the TSP. This evidence is
contained in findings prepared in connection with a recently adopted amendment of the Bend
Urban Area Transportation System Plan (File No. PZ -03-658). These findings indicate that
the current functional capacity of this existing, at -grade intersection will be very near its
maximum with construction of several proposed commercial uses which have already been
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EXHIBIT "D„
permitted by the City of Bend. The capacity of this facility would likely be exceeded by
additional trips generated by any substantial future industrial uses on the Juniper Ridge site.
Where a proposed plan amendment would significantly affect a transportation facility, such
as the Cooley/Hwy. 97 intersection, OAR 660-012-0060 requires that the allowed uses be
consistent with the identified function, capacity, and performance standards of the facility.
Under the rule, this may be achieved by either:
(a) Limiting allowed land uses to be consistent with the planned function, capacity,
and performance standards of the transportation facility;
(b) Amending the TSP to provide transportation facilities adequate to support the
proposed land uses consistent with the requirements of this division;
(c) Altering land use designations, densities, or design requirements to reduce demand
for automobile travel and meet travel needs through other modes; or
(d) Amending the TSP to modify the planned function, capacity and performance
standards, as needed, to accept greater motor vehicle congestion to promote mixed
use, pedestrian friendly development where multimodal travel choices are provided.
As discussed above, amendment of the General Plan to include this site in the UGB and
designate it for light industrial use will not itself affect the function, capacity, or performance
standards of any transportation facility. However, it is anticipated that subsequent
development on the Juniper Ridge site will result in the capacity of the Cooley /Hwy. 97
intersection being exceeded. To achieve conformance with OAR 660-012-0060 for this
proposal, an amendment to the TSP was recently adopted to include design and construction
of a grade -separated interchange at Cooley/Hwy. 97 to replace the existing at -grade
intersection (City File No. PZ -03-658). This amendment designates this project for
construction during the 2004-2009 time period. A specific funding source for this project is
not identified in the TSP, however a new policy adopted as part of the TSP amendment
commits the City to work with ODOT to develop funding for this and other projects on the
state highway system.
There may also be impacts to the function, capacity, or performance of other transportation
facilities in the vicinity resulting from development of the site. In order to achieve
conformance with OAR 660-012-0060 for purposes of this proposal, land uses on the Juniper
Ridge site will be limited to be consistent with the function, capacity, and performance
standards of existing transportation facilities in the vicinity. This limitation will be achieved
through existing policies of the Bend Area General Plan and implementing ordinances that
require substandard transportation and other public facilities to be improved as needed in
order to accommodate proposed new development (see TSP Street System General Policies 5
and 6, and Zoning Ordinance Sec. 10.10.23[6] and [8]). When new development is proposed
on the Juniper Ridge site (after it has been brought inside the UGB and zoned for light
PAGE 13 OF 38 — EXHIBIT "D" TO ORDINANCE NO. 2004-017 (08/11/04)
EXHIBIT "D"
industrial use) these measures and Sec. 10-16.2 of the Bend Land Use Permit and Review
Procedures Ordinance will require that a detailed traffic impacts analysis be prepared, taking
into account the type of use being proposed and its likely impacts on transportation facilities
in the vicinity. If this analysis finds that improvements to any of these facilities will be
needed to achieve consistency with their planned function, capacity, and performance
standards, TSP Street System General Policies 5 and 6, and Zoning Ordinance Sec. 10. 10.23
(6) and (8) will require completion of these improvements at the time of development.
CONCLUSION: Through existing provisions of the TSP, General Plan policies, and
implementing ordinances, Goal 12 is satisfied for purposes of bringing the Juniper Ridge site
into the UGB and designating it for light industrial uses. Following this action, land uses and
development activity on the site will be limited to be consistent with the planned function,
capacity, and performance standards of transportation facilities in this vicinity.
Orep-on Statewide Planning Goal 14 (OAR 660-015-0000(141)
The Bend UGB was acknowledged in 1981 according to the requirements of statewide
planning Goal 14 - Urbanization. Amending the UGB requires that this goal be applied
again. Goal 14 states the factors that must be considered in evaluating a UGB amendment
are:
Urban growth boundaries shall be established to identify and separate urbanizable land
from rural land. Establishment and change of the boundaries shall be based upon
consideration of the following factors:
1. Demonstrated need to accommodate long range urban population growth
requirements consistent with the goals;
2. Need for housing, employment opportunities and livability;
3. Orderly and economic provision for public facilities and services;
4. Maximum efficiency of land uses within and on the fringe of the existing
urban area;
5. Environmental, energy, economic and social consequences;
6. Retention of agricultural land as defined, with Class lbeing the highest
priority for retention and Class VI the lowest priority; and
7. Compatibility of the proposed urban uses with nearby agricultural activities.
The results of the above considerations shall be included in the comprehensive plan. In
case of a change of a boundary, a governing body proposing such change in the
boundary, separating urbanizable land from rural land, shall follow the procedures and
requirements as set forth in the Land Use Planning Goal (Goal 2) for goal exceptions
FINDINGS: Oregon's land use Goal 14 (Urbanization) and its implementing administrative
rule list seven factors that must be addressed as part of an expansion of an urban growth
PAGE 14 OF 38 — EXHIBIT "D" TO ORDINANCE NO. 2004-017 (08/11/04)
EXHIBIT "D"
boundary. The seven factors are listed below with their related findings and justifications for
the Juniper Ridge site.
FACTOR #1— Demonstrated Need To Accommodate Long Range Urban Population
Growth Requirements Consistent With The Goals.
Between 1990 and 2000 the Bend urban area population increased by almost 20,000 persons.
Based on the Deschutes County coordinated population forecast adopted as part of the
General Plan in 1998, the UGB population was forecast to increase by another 18,000
persons by the year 2020. A more recent update of Bend's population forecast (not yet
adopted as part of the General Plan), envisions some 112,000 residents of Bend by 2025, an
increase of over 50,000 in the next 21 years. Most of this increase is expected to come from
individuals and families moving into the urban area. The exurban population of Deschutes
County near Bend is also forecast to grow during the next 25 years.
Factor #I of Goal 14 more directly applies to land that is brought into a UGB for additional
housing to meet population growth. However, the population growth also drives a
corresponding increase in employment that in turn creates the need for more industrial and
commercial land to serve the growing community.
From 1990-2001, employment levels in Bend and Deschutes County increased at a faster rate
than the population. This pattern is forecast to continue during the next 20 -years. By the
year 2020, the Economic Lands Study forecast that more than 21,000 jobs would be added to
Bend's current employment level.$ An updated employment forecast estimates a 2025
employment level of 61,374 for the Bend urban area. The expected high rate of job creation
is due to a number of factors, including Bend's increasing role as a regional center for Central
Oregon, expected statewide and national economic growth, the growing reputation of the
Bend area as a highly livable community, the increasing exurban population that works,
shops and obtains services in Bend, and increasing disposable household income to spend on
goods and services.
Additional background information and findings about population and employment growth
are contained in Part 1 of the Economic Lands Study, titled, Tends, Inventory, and Forecast.
CONCLUSION. There is a clear need for more land for industrial development as
demonstrated by the forecast increase both in the city's employment base, and its population
overall.
FACTOR #2 — Need For Housing, Employment Opportunities And Livability.
8 City of Bend, Economic Lands Study, Part 1, p. 10-11, December 2000.
PAGE 15 OF 38 — EXHIBIT "D" TO ORDINANCE NO. 2004-017 (08/11/04)
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As noted above, the Economic Lands Study includes a forecast estimate of some 21,000 new
jobs in Bend during the period 2000-2020. In draft revisions to Chapter 6 of the General Plan
(Exhibit C), that estimate has been updated to project an increase in Bend area employment
from 35,828 in 2000 to 61,374 in 2025. An adequate industrial lands base will be needed to
support this increase in employment.
The Juniper Ridge UGB expansion is being proposed for the purpose of making more land
available for industrial development. The Juniper Ridge site is not being brought into the
UGB in response to a need for additional land for housing. Future employment on this site
may lead to an increased demand for housing in the community. Although the Bend Area
General Plan is currently in compliance with Statewide Planning Goal 10, an update of the
buildable lands inventory for housing is scheduled to be carried out in 2004. That inventory
update may find that further adjustment of the General Plan is needed to ensure adequate land
areas for long-term housing and overall livability.
The findings of the Economic Lands Study (updated with more recent data) as discussed
above under Goal 9 findings, support the inclusion of the proposed 513 acres of Juniper
Ridge within the UGB to provide for future industrial employment opportunities. Including
this site within the UGB will help to diversify the community's and the state's economy and
provide land for future family -wage jobs typically associated with manufacturing, research
and development, and the trades.
CONCLUSION. There is a clear and demonstrated need for more land for industrial
development within Bend's UGB to ensure long-term employment opportunities and overall
community livability. Inclusion of the Juniper Ridge site within the UGB will help meet this
need.
FACTOR #3 — Orderly And Economic Provision For Public Facilities And Services
Water Service
Domestic and fire -flow water for this site will be provided by either the City of Bend
municipal water system, or by the Avion Water Company. Avion is a franchise domestic
water provider within the urban area. The city has extended a 12 -inch water main to the
intersection of Boyd Acres Road and Cooley Road, % mile west of the Juniper Ridge site. In
addition to the city water main, Avion Water Company has a 12 -inch line in NE 1811 about
300 feet from the site. These water lines are large enough to serve the area planned for
industrial development and any irrigation needs of the open space areas that would be
included as part of any industrial campus designs for this site.
CONCLUSION. The existing large water lines adjacent to this site will allow for the orderly
and economic extension of adequate water service to Juniper Ridge. The size of water mains
adjacent to the site will provide adequate water needed to support industrial development.
PAGE 16 OF 38 — EXHIBIT "D" TO ORDINANCE NO. 2004-017 (08/11/04)
EXHIBIT "D"
Serving these sites with water to support urban level development will not adversely affect
the ability of the City of Bend or the Avion Water Company to serve other areas within the
UGB.
Sewer Service
A four -inch city pressure sewer line serves Sky View Middle School directly across Cooley
Road from this site. In addition, Bend's Utilities System Master Plan, adopted in 1992, plans
for a 24 to 27 -inch "North UGB" gravity sewer line to run through this property. The North
UGB sewer line is a major trunk line that will provide service to all of the north UGB area.
Routing this line through the Juniper Ridge site is necessary to maintain a gravity flow line
into the city's main sewer interceptor line that goes northeast out of town to the wastewater
treatment plant. This large sewer trunk line will provide service for this site. The route for
the North UGB sewer line has been surveyed through the site.
The City has a separate sewer system fund and constructs sewer system improvements based
on the Utilities System Master Plan and its 5 -year capital improvement program. The large
sewer trunk line through the Juniper Ridge site is a major facility identified in the Utilities
System Master Plan and therefore can be paid for by system development charges. If this site
should be developed before the North UGB gravity line is built or if there is a policy change
regarding large gravity lines, the Juniper Ridge site can be served by pressure sewer facilities
that pump to the Lava Ridge pressure line or to the "Yeoman" sewer interceptor to the east.
CONCLUSION. The City's Utilities System Master Plan covers the Juniper Ridge site. It
has identified the sewer facilities that are needed to allow this site to develop for industrial
uses. The provision of service to this site will not adversely affect the City's ability to serve
other areas within the existing UGB. All existing industrial areas already inside the UGB
have sewer service.
Storm Sewer
Because there is relatively little precipitation in Central Oregon there is no system of small
creeks or streams within Bend in which to discharge storm waters. The only existing storm
sewer system in Bend is an old one that serves the area around downtown and drains into the
Deschutes River, far from the Juniper Ridge site. There is no public or private off-site storm
sewer system to serve the Juniper Ridge area.
Bend's planning and engineering standards require that all storm drainage outside the
existing storm sewer system be retained on site through the use of catch basins and dry wells,
drainage swales, or retention ponds. These standards will apply to any development of roads
and building sites in Juniper Ridge.
CONCLUSION. There is no storm water system to be extended into Juniper Ridge.
Development taking place within this site would be required to retain storm water run-off on-
site using a city -approved system.
PAGE 17 OF 38 — EXHIBIT "D" TO ORDINANCE NO. 2004-017 (08/11/04)
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Transportation System
The Juniper Ridge site is located one-half mile east of Highway 97, with direct access to
Cooley Road, an urban minor arterial, at the south edge, and NE 18th Street, an urban minor
arterial street that currently dead ends at the edge of the Juniper Ridge site. The location of
this site at the north end of the urban area will provide good access to serve industrial truck
traffic from the Portland metropolitan area and the Willamette Valley. The Juniper Ridge
site also has the advantage of potential access to the Burlington Northern — Santa Fe rail line
that runs through the corner of the property. Access to a rail line can benefit large site
industrial users by providing rail service as an alternative to truck service and as a regional
freight distribution center.
In the near term, new industrial uses in Juniper Ridge will make primary use of Cooley Rd. to
connect with Hwy. 97 and points north and south. As a minor arterial, Cooley Rd. is
intended to accommodate traffic volumes that would be generated by initial phases of
development in Juniper Ridge. However, as discussed above under Goal 12 findings, the
existing intersection of Cooley Rd./Hwy. 97 is near capacity, and will need to be upgraded to
a full access interchange in order to accommodate larger -scale or longer-term development in
Juniper Ridge. A recently adopted amendment to Bend's TSP (City File No. PZ 03-658)
adds this new interchange project to the TSP's list of intersection improvement priorities,
designating the improvement for construction in the next five years.
As discussed above, under findings relating to Goal 12, the Oregon Transportation Planning
Rule (OAR 660-012-0060), requires that any comprehensive plan amendment that
significantly affects a transportation facility ensure that allowed land uses will be consistent
with the function, capacity, and performance standards of those transportation facilities. One
way of doing this is by limiting allowed uses in the area affected by the amendment. The city
will limit the allowed uses within Juniper Ridge by requiring specific development proposals
on the Juniper Ridge site to determine the extent of impacts to transportation facilities in the
vicinity and propose measures to preserve the function, capacity, and performance of affected
facilities (see Transportation System Plan Policy 6.9.6 [6], and Zoning Ordinance Sec.
10.10.23[8]). Development proposals that cannot provide needed improvements to
transportation facilities will not be permitted until the needed improvements can be made.
CONCLUSION. The acts of adding 513 acres of the Juniper Ridge area into the UGB,
applying an Industrial Light General Plan designation, and applying an Industrial Light
zoning designation to that site will not create levels of travel that would adversely affect the
operation or functional classification of the transportation facilities serving this area. New
industrial development activity on the Juniper Ridge site will have impacts to transportation
facilities. These impacts will be carefully analyzed, and needed improvements will be
identified and constructed in connection with new development activity. (See related
findings in response to Statewide Planning Goal 12.)
PAGE 18 OF 38 — EXHIBIT "D" TO ORDINANCE NO. 2004-017 (08/11/04)
1WK4:II:�Ylfiii�
Fire Protection
The Juniper Ridge site is currently within Rural Fire District No. 2. The District contracts
with the City for fire protection, so areas outside the UGB that are within the Rural Fire
District No. 2 boundaries have essentially the same fire protection as property within the city
limits.
The City's new North Fire Station on Highway 20 is about two miles from the Juniper Ridge
site, with access via urban arterials or state highways. In addition to the new fire station,
there is an existing east -side fire station on Neff Road that is about five miles from the
Juniper Ridge site.
Existing water lines in Cooley Road and NE 18th can be easily extended to serve this site.
These water lines can provide sufficient flows for fire protection for development in this area.
The extension of City of Bend or Avion water system lines and installation of the fire
hydrants will provide adequate fire protection for new industrial development in this area.
CONCLUSION. The large water lines adjacent to Juniper Ridge will provide adequate water
for domestic use and fire protection. The close proximity of existing water lines to the site
allows for an orderly and efficient extension of both water facilities and fire protection
services.
Police Protection
The Juniper Ridge site is currently within the jurisdiction of the Deschutes County Sheriff s
office. Upon annexation to the UGB police protection will be provided by Bend Police
Department. The Bend Police Department currently has a staff of approximately 100 who
serve and protect the urban area. The city will be able to provide professional police services
to this future industrial area without jeopardizing its current level of service to the city.
CONCLUSION. City police services are adequate for the Juniper Ridge site. Inclusion of this
site within the UGB and subsequent industrial development will not have a significant impact on
the provision of police services in this area.
Schools
The proposed IL zoning of this site is intended to accommodate primarily new industrial
development. The IL zone does not permit new housing, except for a caretaker's residence.
Therefore, there will be no direct impact to provision of public school services. In 2000 the
Bend La Pine School District initiated a multi -agency Sites and Facilities 2000 committee to
evaluate the need for new schools to serve the district population. The Juniper Ridge. site
was not identified in that study as an area in which the school district is looking to build new
schools.
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EXHIBIT "D"
There are two public schools located across Cooley Rd. from this site, Lava Ridge
Elementary School and Sky View Middle School. These schools may be affected by
increased traffic volumes on both Cooley Rd. and 18'' St. as development occurs. As
discussed above, any future development proposal on the Juniper Ridge site will need to be
accompanied by a traffic impact study which will identify potential impacts and propose
measures to mitigate those impacts. In addition, the City of Bend is in the process of creating
a site development plan for the Juniper Ridge industrial site. This planning project will
include consideration of potential impacts to these schools in designing the site plan.
CONCLUSION: Inclusion of the Juniper Ridge site within the UGB and subsequent industrial
development will not have an identifiable impact on the provision of public educational services
in this area. Potential impacts to Lava Ridge Elementary School and Sky View Middle School
will be evaluated prior to development of the Juniper Ridge site.
FACTOR #4 — Maximum Efficiency Of Land Uses Within And On The Fringe Of The
Existing Urban Area.
Part Two of the Economic Lands Study, titled Part 2: Meeting Forecast Needs, evaluated
several planning and zoning tools to be considered for providing efficient land use within and
on the fringe of the urban area. In addition to planning and zoning tools to use land more
efficiently, a number of alternative sites inside and outside the UGB were considered as
possible sites to meet the forecast need for more industrial land. Each site was carefully
evaluated against the requirements of the Statewide Planning Goals. Based on this evaluation,
the City determined that the Hunnell Road and the Juniper Ridge sites, both just north of the
UGB, are needed to meet Bend's long-term economic development objectives. Both sites are
adjacent to the UGB, and will provide for logical, efficient, and continuous development of
the urban area. Given the characteristics of these sites, and their evaluation for urban
industrial uses, as documented in Part Two of the Economic Lands study, annexation and
development on either site cannot be considered "urban sprawl" or "leap -frog" development.
Site Configuration and Development Potential
The Juniper Ridge site proposed for inclusion in the UGB is contiguous with the current UGB
for a distance of .75 miles on the west, and .25 miles on the south. Pilot Butte canal runs from
south to north through this City -owned property, and forms a logical topographic boundary at the
east edge of the expansion area. With the north boundary of the expansion area being formed by
the north line of Section 10, the overall shape of the Juniper Ridge site is generally rectangular.
This configuration, along with the total size of the site, will allow for maximum efficiency of
future industrial uses. A number of significant rock outcroppings and other geographical
constraints have already been identified within the site, in the 1992 planning work done by the
Mitchell Nelson Group9. The size and configuration of this site will allow for future streets and
9 Industrial Land Analysis and Industrial Area Master Plan; Mitchell, Nelson Wellborn Reimann Partnership,
PAGE 20 OF 38 — EXHIBIT "D" TO ORDINANCE NO. 2004-017 (08/11/04)
EXHIBIT "D"
utilities to be installed in a manner that minimizes disturbance of these areas, while providing for
maximum utilization of flatter portions of the site for industrial and supportive uses.
Lack of Large Sites
The inventory of buildable industrial land prepared for the ELS shows that the larger
privately -owned industrial parcels already inside the Bend UGB are being subdivided at a
rapid rate into smaller parcels to meet near-term market demands. 10 When the inventory was
initially conducted in 1999 there were only seven industrial parcels within the UGB that were
ten acres or more in area. Since the 1999 inventory was prepared, several more of these sites
have been subdivided into small lots. It is now estimated that there are only five parcels
inside the UGB, zoned for industrial use, that are ten acres or larger in size.
The Bend Chamber of Commerce, industrial land realtors, and local economic development
groups have pressed upon the city the need to have larger parcels available to meet future
large site users. With few large sites in the local industrial land inventory the city is
extremely limited in its ability to retain local firms that need to expand or to attract new firms
that need larger sites. Within the last three years, EDCO (Economic Development for
Central Oregon) estimates that its staff has been contacted by an average of 10-12 industrial
firms per year expressing interest in locating in the Bend area, but requiring sites larger than
10 acres. 11 The lack of suitable, large -lot industrial parcels has caused these firms to look in
other communities for sites that meet their needs. EDCO staff also reports that there is an on-
going risk of losing existing Bend -area businesses that may need large -lot industrial sites to
accommodate expansions.
The need for larger parcels as a component of a city's industrial lands inventory has also been
identified by other Oregon communities. For example, in a 2002 study Metro forecasted
demand for industrial parcels of all sizes in the Portland metro area over a 20 -year period. 12
During that forecast period, Metro estimates that of the total acreage demand for industrial
land, approximately 40% will be for parcels that are from 10 acres to over 100 acres in size .13
Approximately 20% of the total acreage demand will be for parcels over 25 acres in size. 14
While the scale of Bend's demand for vacant industrial land is obviously smaller than that of
the Portland metro area, it is just as much in Bend's interest to have a meaningful portion of
its industrial lands inventory in large parcels. Following is a summary statement from the
same Metro report on the importance to the local economy of accommodating larger
employers needing larger parcels:
Portland Oregon, August 1, 1992.
10 See Appendix A to the city's Economic Lands Study, Part 1: Trends, Inventory, and Forecast, December
2000.
11 Telephone interview, Roger Lee, Director, Economic Development for Central Oregon, December 10, 2003.
12 2002-2022 Urban Growth Report: An Employment Land Need Analysis; Metro, Portland, Oregon; August,
2002.
13 Ibid., p. 23.
14 Ibid.
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Large lot industrial need plays a unique role in this region as a catalyst or
multiplier that produces second- and third- order economic growth. Large
employers, obviously, hire many workers and also produce enormous direct
wealth -effects. In addition, second order effects of large employers attract
subsidiary growth known as indirect job creation. This effect attracts suppliers,
wholesalers and other related up and downstream manufacturers. The third -order
effect, known as induced income effect, are multiplier effects created from
employed workers who go about their daily lives of buying and consuming
everything from food, clothing, shelter and entertainment. Thus there are
significant impacts derived from the multiplier effect of large manufacturers. 15
Because there are no identified sites within the UGB that meet Bend's siting criteria (as
documented in Part 2 of the ELS) for additional industrial land, and due to the need for a
large industrial area, UGB expansion is necessary. Efficiency of land use will be well -served
by approving this UGB amendment for land that abuts the existing city limits, can connect
with existing urban infrastructure, and which will be efficiently developed according to a
master plan.
The Juniper Ridge site is an area where large lot sizes can be assured because of its
ownership by the City of Bend, and the commitment by the city to hold part of the site for
large lot users by applying a large minimum lot size. Draft General Plan policies to be
adopted as part of this action (Exhibit D) will require that at least 30% of the Juniper Ridge
site's net buildable area be allocated to creation of industrial sites at least ten acres in size.
Because of numerous rock outcroppings on the site, the area with the fewest outcroppings
and the flattest ground needed for larger lots appears to be in the center and northeast part of
the area proposed to be brought into the UGB.
This area provides the most efficient location for new industrial development providing
access to rail, not readily available elsewhere; providing close access to the Redmond
Regional Airport; and providing good ties to the regional highway system. This is one of two
sites that will provide the community the opportunity to assure that large industrial sites are
available for the community. Because Juniper Ridge is City -owned, and as directed by the
draft policy included in Exhibit D, there is assurance that large industrial parcels created on
this site will remain large.
CONCLUSION. The goal of "maximum efficiency of land use" will be well served through
this UGB expansion. The Juniper Ridge site capitalizes on major public and private
investments that have already been made in water, sewer, roads, and fire protection measures
to serve the growing north end of Bend. This site also has attributes that make it well suited
for creation of large -lot industrial sites.
15 Ibid. p. 25.
PAGE 22 OF 38 — EXHIBIT "D" TO ORDINANCE NO. 2004-017 (08/11/04)
I0,140,1I7116ii1
FACTOR #5 - Environmental, Energy, Economic And Social Consequences.
The ESEE consequences of converting rural land to urban industrial use are described in the
following sections. Some of this evaluation is subjective as there are few clear, measurable
standards by which to measure the positive and negative effects of development.
Environmental Consequences
According to information provided to the City by the Oregon Department of Fish and
Wildlife 16 as part of the Goal 5 periodic review work task, the Juniper Ridge site is not in a
designated deer or elk winter range area, or in a big game habitat area. No known critical
habitat or nesting areas for threatened, endangered, or sensitive species has been identified on
this site.
The Bend Urban Area is in attainment for state and federal air quality standards. Adding the
513 gross acres of Juniper Ridge into the UGB will not cause the area to exceed existing air
quality standards. With the changing national and regional economy, the older resource-
based "smokestack" industrial firms that might pose a potential threat to air quality are
unlikely to develop on Juniper Ridge, or elsewhere in Bend. 17 More efficient manufacturing
businesses and high-technology firms are replacing these types of companies, and these are
the types of firms likely to locate in Juniper Ridge. In addition, any firm that has
manufacturing by-products that may be considered hazardous or to affect the quality of air
would be regulated by the Oregon Department of Environmental Quality.
The City is in compliance with applicable state and federal water quality standards. Use of
setback buffers or other means can protect the COI irrigation canal that runs through this site.
Similarly, building setbacks and buffers along the canal can be used to control any potential
adverse water quality impacts to the irrigation canal during construction and operation of
industrial developments. Nothing is expected to develop on the Juniper Ridge site that would
adversely affect water quality in the community.
The city's sewerage treatment plan complies with DEQ rules and regulations. The City
maintains and enforces an ordinance that requires the pretreatment of industrial wastes before
they are discharged into the sanitary sewer system. This addition of some 338 net industrial
acres to the UGB will not cause the city to violate its sewage treatment standards and
agreements.
The Juniper Ridge site is not listed on any adopted natural resource inventory. An analysis
16 Letter and map from Steven George, ODFW Deschutes District Wildlife Biologist,
September 22, 2000
17 For more information on this point see section 3.3 in Economic Lands Study Part 1 -
Trends, Inventory and Forecast.
PAGE 23 OF 38 - EXHIBIT "D" TO ORDINANCE NO. 2004-017 (08/11/04)
EXHIBIT "D"
of the Juniper Ridge site by Fishman Environmental Services in 199118 did not identify any
threatened or endangered species within this site. The Juniper Ridge site is not within areas
mapped by ODFW as deer, elk, or antelope winter range. In addition, this site is not listed as
a significant resource on any adopted Goal 5 natural resource inventory. 19
The landscape at the site is varied with many lava pressure ridges, outcroppings, and the Pilot
Butte Canal. The Pilot Butte Canal is a seasonal canal that has no associated riparian or
wetland habitat areas. The Fishman inventory identifies several native plant communities
associated with rock out-croppings on the west side of the Pilot Butte Canal. Although not
significant under state or federal law, these plant communities can be more precisely located
and incorporated into the master planning that will take place for the Juniper Ridge industrial
site.
Social Consequences:
Bringing these 513 gross acres into the UGB will be the first step in converting under -used
vacant land to industrial uses and related, supportive uses. By providing land for future
industrial uses, the city will encourage the creation of jobs that generally pay more than most
retail and service jobs. Higher household wages will have a positive social consequence by
maintaining or improving living standards, and by increasing disposable income for goods
and services including health care services.
Conversion of these lands to industrial use may also introduce activity, noise and light
impacts to an area that has minimal or no existing development. One-half mile west of
Juniper Ridge, however, intensive commercial development is already within a short distance
of the neighborhoods and rural residential uses to the west and south of this site. These
existing commercial uses — motels, gas stations, big box retailers and golf driving range with
night -lights — already have generated impacts to the nearby areas.
Although the Juniper Ridge site is in an undeveloped natural condition, it is not fenced and is
often used by area residents for dog walking, jogging and similar passive recreation activities.
It is anticipated that a future master plan for the Juniper Ridge site will include walking trails
and open space that will be open to the public.
One potential social consequence of developing the Juniper Ridge site will be adding new
development near existing residential areas and the loss of open space. At the Juniper Ridge
site, any future master plan for development will include open space areas to assure
compatibility with adjacent urban and suburban residential property. When ownership of
Juniper Ridge was conveyed to the City by Deschutes County in 1990, a condition of this
conveyance called for reserving undeveloped land on the site. This condition was updated by
18 See Economic Lands Study, Part 3: Alternative Site Analysis and UGB Expansion, December 2000, Exhibit
D.
19 See Economic Lands Study, Part 3: Alternative Site Analysis and UGB Expansion, December 2000, Exhibit
C.
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EXHIBIT "D"
action of the Deschutes County Board of Commissioners on December 17, 2003 (County
Order No. 2003-119). The county's updated order specifies that at least 10% of total site area
must be reserved for public park and/or open space uses. By maintaining wide natural buffer
areas and placing development away from urban residential areas the city will mitigate the
impacts of activity, noise and light on adjacent areas. In addition to natural buffers, various
city codes regulate the placement of lights, parking and maneuvering areas, and site screening
as necessary to reduce impacts between different land uses.
As noted above, future development of the Juniper Ridge site will increase traffic on Cooley
Road and NE 18th Street, both minor arterial streets. As discussed above, detailed analyses of
the extent of impacts to these and other transportation facilities will be carried out prior to
permitting industrial development on the Juniper Ridge site. It is anticipated that a variety of
improvements will be necessary to ensure safe vehicle and pedestrian traffic in the vicinity as
development occurs.
At present, Juniper Ridge is unofficially used as a site for rifle and pistol target practice and
speed shooting at the expense of innocent appliances, junipers, and small wildlife. The
development of this site will terminate these activities and force people using Juniper Ridge
for such uses to find new sites. Persons needing to find new sites for weapon use may face a
social consequence of added stress to find a new site, and added energy and economic
consequences of driving further out of the urban area. There will be less stress on residents
living next to Juniper Ridge with the termination of target practice and other gunplay when
Juniper Ridge is developed.
Economic consequences:
By adding Juniper Ridge to the inventory of vacant, urban industrial land, Bend will increase
the supply of land to provide needed jobs and economic development opportunities during
the planning period. Industrial sector and wholesale trade jobs generally have higher salaries
than retail and many service jobs, and these jobs will help maintain income levels.
The act of amending the UGB to include more land for industrial development will result in
positive economic consequences for Bend as it meets the need for industrial sites in the
changing industrial development market. Based on an average of 12 industrial employees per
acre, this site has the potential to accommodate more than 4,000 industrial sector jobs.
Equally important, the size of the Juniper Ridge UGB expansion presents the opportunity for
creation of desperately needed large and very large industrial development sites (i.e. over 25
acres).
The Juniper Ridge site has never been farmed nor used for grazing. It has no water rights.
There is no economic loss of agricultural products or revenue from the use of this site for
industrial development.
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EXHIBIT "D„
Energy Consequences:
The Juniper Ridge site is located near two major state highways, Highway 97 and Highway
20. The proximity of these highways and the Bend Parkway will allow more direct and
energy efficient access to this site. Juniper Ridge and the Hunnell Rd. site, west of Hwy. 97,
offer the most direct access to regional transportation facilities of any of the alternative sites
evaluated for meeting Bend's need for at least a 20 -year supply of industrial land.
In addition, these sites at the north end of town provide more direct and energy efficient
access for truck traffic to and from the Willamette Valley, Redmond and the Portland area.
Trucks serving firms in these two areas and will not have to drive into the middle of the
urban area where there is more traffic congestion that could lower truck speeds and increased
idling time.
Future industrial development in the Juniper Ridge site can also benefit from close proximity
to supportive commercial services along Highway 97 and Highway 20. This site is well
connected to the local arterial street system that provides energy efficient travel for
employees and other service providers.
CONCLUSION. Inclusion of the Juniper Ridge site within the Bend UGB will have
insignificant environmental impacts that can be mitigated through appropriate site planning
and/or compliance with DEQ regulations. Any development in the area to be annexed will
have no significant adverse energy consequences. By adding land for manufacturing,
research and development, and other industrial businesses the community will be able to add
jobs to keep pace with expected population growth. New industrial jobs in this area will
provide a positive economic impact and positive social consequences by providing better
paying jobs. Impacts to adjacent areas can be mitigated through setback buffers and city
development codes.
FACTOR #6 — Retention Of Agricultural Land As Defined, With Class I Being The
Highest Priority For Retention And Class VI The Lowest Priority.
The Juniper Ridge site was transferred from BLM ownership to Deschutes County in 1983.
The county transferred title to the land to the City of Bend in 1990.
The Juniper Ridge site is undeveloped land without any dwellings or improvements such as
fencing or irrigation ponds. The predominant vegetation types are junipers, bitterbrush,
sagebrush and bunchgrass. The terrain is broken with many lava outcropping and pressure
ridges of five to twenty feet in height.
There are two soil types at the Juniper Ridge site. The Gosney-Rock Outcrop-Deskamp soil
complex covers about 90 percent of the area to be brought into the UGB. The Deskamp-
Gosney complex covers about 5 percent of the site in the southwest corner of the site.
PAGE 26 OF 38 — EXHIBIT "D" TO ORDINANCE NO. 2004-017 (08/11/04)
1:0114 soll-6,11M "S
The Gosney-Rock Outcrop-Deskamp soil group (SCS #58C) is characterized by shallow,
very stony loam sand soils over basalt bedrock with slopes of 0 —12 percent. Within the soil
group, the Gosney component makes up about 50 percent of the land, the Rock Outcrop
component covers 25 percent of the area, and the Deskamp part makes up about 20 percent.
Because of the shallow well -drained soil and rock outcroppings, the major agricultural use
for the Gosney-Outcrop-Deskamp soil is grazing. The Juniper Ridge site has never been
actively farmed, and BLM records indicate that there has never been any grazing in the area
to be added to the UGB.
The Gosney-Rock Outcrop-Deskamp soil complex has a SCS Class VIIs and VIIIs capability
rating without irrigation. 20 These agricultural capability ratings are the least productive
agricultural soils and do not meet the definition of "Agricultural Land" in Goal 3. If
irrigated, the SCS classification becomes IVs, which meets the definition of agricultural land.
However, the site does not have irrigation water rights. Even if water rights were to be
secured for this site, the rock outcroppings and topography do not make it feasible to set up
and move irrigation pipes for pasture. The high cost of clearing the rocky terrain makes hay
production infeasible. Given these topographic and geologic constraints, the site cannot be
productively farmed as a unit or in conjunction with another farming operation. The fact that
the site has never been farmed supports this conclusion.21
The other soil type at Juniper Ridge is the Deskamp-Gosney soil complex (SCS #38B). This
soil type is similar to the Gosney-Rock Outcrop-Deskamp soil, but has fewer rock outcrops
and is less steep. Major agricultural uses are livestock grazing and irrigated cropland. This
soil complex has a Class VIe rating without irrigation, and a Class IIIe with irrigation.
Management limitations with this soil are shallow soil depth, rapid permeability, and loss of
unprotected soil due to wind erosion. The small number of acres of this slightly better but
still poor soil (approximately 20 acres), and the fact that it is completely surrounded either by
urbanized land or the remainder of the site with the Gosney-Rock Outcrop-Deskamp soil
group makes it impracticable to farm as a unit, or in conjunction with another farming unit.
Again, the lack of any farming history on the site supports this conclusion.
Although Juniper Ridge has never been used for agricultural purposes, the conversion of 513
acres to urban use requires an exception to Goal 3, the agricultural lands goal. Additional
material on the Goal 3 exception is provided below.
CONCLUSION. The portion of Juniper Ridge to be brought into the UGB and annexed into
20 See General Soil Map with Soil Interpretations for Land Use Planning, Deschutes County, Oregon, Soil
Conservation Service - US Department of Agriculture, 1973 (m7 -L-22770). Gosney-Rock Outcrop —Deskamp
(58C) is the predominant soil type on the site.
21 See letter from Michael Bauer, Deschutes County extension service agent, May 11, 1992, attached as
Exhibit B to Part 3 of the Economic Lands Study.
PAGE 27 OF 38 — EXHIBIT "D" TO ORDINANCE NO. 2004-017 (08/11/04)
EXHIBIT "D"
the city for future industrial development does not have prime or high priority soil types that
support significant agricultural production. The soils in this area do not meet the definition
of agricultural soils or are poor quality agricultural resource lands. Conversion of these lands
from vacant rural land to industrial land will not affect the agricultural activities or revenues
in Deschutes County.
FACTOR #7 — Compatibility Of The Proposed Urban Uses With Nearby Agricultural
Activities.
To the west of the Juniper Ridge site is the Bend UGB with existing or planned urban
residential uses. There are no agricultural activities or uses to the west of the site. On the
south side of the site there are two public schools inside the city limits and rural residential
development with 2 %2 acre minimum lot sizes. There are no nearby agricultural activities to
the south of this site.
The Pilot Butte Canal defines the eastern boundary of the Juniper Ridge annexation site. On
the other side, further east of the canal, is another '/ to 'h mile of city -owned land that was
transferred to the city from the county. This land is unimproved and not used for any
agricultural purposes. This City -owned land has the same Gosney-Rock Outcrop-Deskamp
soil type that is not suitable for grazing or farming, so it is unlikely that agricultural uses
would develop in this area in the future. This additional city land east of the canal provides
an effective 1,300 to 2,600 foot wide buffer between the future urban industrial uses
anticipated for Juniper Ridge and the smaller properties along Deschutes Market Road.
The northern boundary of the site abuts property that is also under city ownership, and
composed of Class VIIs soils that are not irrigated or farmed. Since there is little prospect
that future farming or grazing will occur on the site in the absence of irrigation, there would
be no adverse impacts resulting from conversion of the site from rural to urban industrial use.
CONCLUSION. The conversion of the Juniper Ridge site to urban use will not have an
adverse impact on any actively farmed agricultural land. There are no "nearby" agricultural
activities, and the combination of urban level development, rural residential uses or adjacent
open space around each site will ensure compatibility with even distant agricultural activities.
There is no evidence to suggest that there will be any adverse impact on agricultural
operations from including this land within the UGB. The County's EFUAL zone will remain
in effect on the remainder of the City -owned acreage to the north of the Juniper Ridge site.
ORS 197.298
ORS 197.298 establishes a priority ranking for land that is to be brought into an urban growth
boundary. Under section (1) of the law, the first priority is land that is designated as an urban
PAGE 28 OF 38 — EXHIBIT "D" TO ORDINANCE NO. 2004-017 (08/11/04)
EXHIBIT "D"
reserve area. The next priority is for areas in which the county has already taken an exception
to the resource land goals, or for resource land that is completely surrounded by exception
areas. The third priority is for land that has marginal resource value, and the last priority for
land to be brought into the UGB is for land designated for agriculture or forestry.
The law also explains how land of a lower priority (i.e. land of second, third, or fourth
priority) can be considered over higher priority land. ORS 197.298(3) states:
Land of lower priority under subsection (1) of this section may be included in an urban
growth boundary if land of higher priority is found to be inadequate to accommodate the
amount of land estimated in subsection (1) of this section for one or more of the following
reasons:
(a) Specific types of identified land needs cannot be reasonably accommodated in
higher priority lands,
(b) Future urban services could not reasonably be provided to the higher priority
due to topographical or other physical constraints, or
(c) Maximum efficiency of land uses within a proposed urban growth boundary
requires inclusion of lower priority lands in order to include or to provide services to
high priority lands.
FINDINGS: The Juniper Ridge site is designated as agricultural resource land in the
Deschutes County Comprehensive Plan. By simple application of the statutory priorities, this
area is classified as "fourth" priority land to be considered for bringing into the urban area.
However, for reasons described below, the Juniper Ridge site has many of the attributes of
higher priority land.
First, this site is not, by definition in Goal 3, agricultural resource land because the soils have
a Class VII and VIII agricultural capability ratings. Further, as discussed above under Goal 3
and Factor #6 findings, this site has no irrigation rights, has never been farmed or even used
as grazing land, and is impracticable as a farming unit or in combination with another
farming operation.
Second, this site is part of a larger contiguous area owned by the city, an area of more than
1,500 acres that runs north from Cooley Road almost to Deschutes Junction. In essence, the
Juniper Ridge UGB expansion site is surrounded by non-agricultural uses. The Bend urban
area abuts this site on the west, and the urban area or urban reserve lands abut the site on the
south. To the north and east of the UGB expansion site is adjoining city -owned land with the
same Class VII and VIII Gosney-Rock Outcrop-Deskamp soils. The city -owned land is
unimproved and not part of a larger agricultural unit.
Third, as discussed in Part Two of the Economic Lands Study, other alternative sites
evaluated in the urban reserve area (first priority land) did not meet one or more of the
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EXHIBIT "D"
specific requirements for additional industrial land. Other higher priority land sites cannot
provide the large lot industrial user sites that are planned for part of the Juniper Ridge site
due to combinations of parcel size, access to public facilities, impacts to adjacent uses, or
other deficiencies.
Fourth, except for the Hunnell Rd. site, no other higher priority site in an urban reserve or
exception area can meet all of the industrial land needs identified in the ELS. Except for the
Hunnell Rd. site, no other site has the combination of large size, direct access to urban
arterial roads, proximity to major highways, and fewer potential compatibility issues with
adjacent uses.
Following are findings in direct response to the priority rankings of ORS 197.298(1):
a) The Juniper Ridge site is not designated as urban reserve land.
b) The Juniper Ridge site is not designated in the Deschutes County comprehensive plan
as an exception area or non -resource land. The site is also not completely surrounded
by exception areas. However, the west and south boundaries of the site abut either the
Bend urban growth boundary or lands that are designated urban reserve on the Bend
Area General Plan map. To the east of the Juniper Ridge site, and north of the
adjoining City -owned property are parcels designated on the Deschutes County
Comprehensive Plan map as Rural Residential Exception Areas.
c) Despite the documented unsuitability of the Juniper Ridge site for farming, it is not
designated as marginal land pursuant to ORS 197.247.
d) Despite the documented unsuitability of the Juniper Ridge site for farming, it is
designated on the Deschutes County comprehensive plan map as Agriculture.
As noted, ORS 197.298(3) contains provisions that allow lower -priority lands to be included
in an urban growth boundary under one of three circumstances. One of these allows for
inclusion within the UGB when "specific types of identified land needs cannot be reasonably
accommodated on higher priority lands." The specific land need which is the basis of this
proposed UGB expansion is Bend's need for future industrial acreage, including large -lot
sites, in order to support a healthy local economy and meet requirements of Goal 9. Part 1 of
the Economic Lands Study documents the need for additional land for future industrial
development. The ELS also identifies a specific need for large -lot industrial sites;
supplemental findings contained in this burden of proof further support that need.
Part 2 of the ELS contains an analysis demonstrating that only two sites will meet this
specific land need: the Juniper Ridge site and the Hunnell Rd. site. That analysis identified
14 sites within and around the perimeter of the UGB as potentially meeting the specific need
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EXHIBIT "D"
for additional industrial acreage and large -lot industrial sites. The industrial site evaluation
criteria applied to these sites were as follows:
• Direct access to a local arterial or collector street;
• Proximity to state highway system;
• Proximity to adequate municipal or private water;
• Proximity to adequate municipal or private sewer;
• Vacant or under -developed land with one or more owners, and minimum parcel sizes of
10 acres;
• Proximity to Urban Growth Boundary;
• Proximity to existing or planned industrial or commercial areas;
• Public or private ownership;
• Other mitigating factors, or qualitative conditions.
Five of the 14 candidate sites were located within the UGB. Zone changes would be required
to make any of them available for industrial use. One of these sites (Site E) is owned by
Deschutes County and designated "Public Special District" on the General Plan map. As
documented in the evaluation, it is a former landfill site, unsuitable for industrial
development. The other four sites inside the UGB are currently zoned for residential use.
Re -zoning any of these for industrial use would remove them from the City's buildable lands
inventory for housing. Since Bend's current comprehensive plan was adopted in 1998, the
city's population growth has been much faster than was forecast. (The July 1, 2003
population estimate of 62,900 is only slightly less than the 63,591 that was forecast for the
year 2015.) With this rapid population growth, there has been a corresponding acceleration in
the rate at which buildable lands for housing have been developed to meet that growth.
Although the city's inventory of buildable lands for housing has not been updated since 1998,
there is serious doubt that the 20 -year land supply for housing required under Goal 10 exists
inside the UGB at present. Re -zoning any residential lands for industrial use would only
exacerbate this problem and likely result in non-compliance with Goal 10.
Of the nine candidate sites lying outside the UGB, only the Juniper Ridge and Hunnell Rd.
sites have the combination of attributes required to meet Bend's specific need for land that is
not only suitable for industrial use, but that can also be preserved in large -lot sites22. While
many of the other candidate sites have one or more of these attributes, no other sites have the
combination of direct access to major streets, a major state highway, access to public
facilities, ownership patterns, sufficient land area, and physical characteristics to buffer new
uses from potentially incompatible adjacent uses.
CONCLUSION. Although the Juniper Ridge site must be technically considered as a fourth
priority site under ORS 197.298, Bend's specific need for additional, suitable industrial land
22 Economic Lands Study, Part 2, Appendix A.
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where larger lots can also be created and preserved can only be met by two sites. One of
these is the Juniper Ridge site.
Exceptions Under Oregon Statewide Planning Goal 2 (OAR 660-0040-0010)
A governing body proposing to change the Urban Growth Boundary must address the
requirements as set forth in the Land Use Planning Goal 2 for goal exceptions. Goal 2 is
implemented by OAR 660-0040-0010 for boundary changes. OAR 660-004-0010(1)(c)(B)
provides:
When a local government changes an established urban growth boundary it shall follow the
procedures and requirements set forth in Goal 2 `Land Use Planning' Part II,
exceptions.... Revised findings and reasons in support of an amendment to an established urban
growth boundary shall demonstrate compliance with the seven factors of Goal 14 and
demonstrate that the following standards are met:
(i) Reasons justify why the state policy embodied in the applicable goals should not
apply (this factor can be satisfied by compliance with the seven factors of Goal 14);
(ii) Areas which do not require a new exception cannot reasonably accommodate
the use;
NO 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 resultfrom the same
proposal being located in areas requiring a goal exception other than the proposed
site; and
(iv) The proposed uses are compatible with other adjacent uses or will be so rendered
through measures designed to reduce adverse impacts.
These four criteria are repeated and expanded upon in 660-004-0020, Exception
Requirements. The following findings address the four standards in Goal 2 and explain how
the standards are met by the proposed UGB expansion and annexation of the Juniper Ridge
site.
FINDINGS:
Justification why the state policy embodied in the applicable goals should not apply.
The Goal 2 administrative rule at 660-04-0010(1)(c)(B)(i) states that this requirement "...can
be satisfied by complying with the seven factors of Goal 14." Findings cited above
demonstrate compliance with the seven factors of Goal 14.
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CONCLUSION: The city has satisfied this part of the administrative rule by addressing the
seven factors of Goal 14.
Areas which do not require a new exception cannot reasonably accommodate the use
OAR 660-04-0010 specifically requires examination of alternative areas that could
potentially accommodate the proposed use. Although site-specific comparisons are not
necessarily required, it must be demonstrated that resource lands are not unnecessarily being
converted to urban uses. In other words, this section of Goal 2 requires an explanation of
why: (1) the industrial need cannot be met on land that now exists inside the UGB; and (2)
industrial need cannot be met in an area that is already committed to non -resource use (i.e. an
"exceptions area").
Part Two of the Economic Lands Study considered several zoning techniques that could lead
to more efficient industrial land use within the existing UGB and also included an
"alternative lands" analysis. 23 In this study the city evaluated 14 sites inside and outside the
UGB as possible alternative sites for industrial use. Five of the sites were inside the UGB
and nine sites were outside the UGB. Of the nine sites that were outside the UGB, six were
within Bend's urban reserve area. These sites are mapped and described in the ELS Part 2:
Meeting Forecast Needs.
As discussed above, under findings relating to ORS 197.298, all 14 sites were evaluated and
scored using nine relevant factors or criteria pertinent to industrial development and the need
to provide for large -lot industrial sites. The siting criteria included access to state highways
and arterials, parcel size, ownership patterns, adjacent uses and other factors. The two sites
that had the highest scores, meaning the only sites having the combination of attributes
needed to meet the city's specific need for this type of land, were the Hunnell Road site and
the Juniper Ridge site.
Of the five candidate sites located inside the current UGB, four are zoned for residential use.
Re -zoning any of these for industrial use would remove them from the City's buildable lands
inventory for housing. As discussed above, under findings relating to ORS 197.298, any
reduction in the city's existing housing lands inventory would almost certainly lead to
conflicts with requirements of Goal 10 to maintain an adequate supply of land to meet the
city's current and forecast housing needs. The fifth candidate site located inside the UGB
(Site E) is designated "Public Special District" on the General Plan Map, and zoned for
"Surface Mining." As discussed above, this site is a former landfill and is unsuitable for
industrial use due to likely contamination and the potential for settling and below -ground
fires.
CONCLUSION: An analysis of alternative sites inside and outside the urban growth
boundary was prepared in Part Two of the Economic Lands Study. Other sites that do not
23 See Economic Lands Study Part 2 - Meeting Forecast Needs, Section 3.
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require a Goal 2 exception cannot reasonably accommodate Bend's specific need for more
industrial land, based on the analysis and findings contained in that document and cited
above.
The long term environmental, economic, social and energy consequences
The following findings demonstrate why inclusion of the Juniper Ridge site within the UGB,
with General Plan and zoning designations of Light Industrial, and with measures designed to
reduce adverse impacts, would not have significantly more adverse impacts than having the
uses located in other exception areas. (See also the findings on ESEE consequences in
response to Goal 14, Factor 5, above.)
There will be minimal environmental impacts from developing industrial uses at the Juniper
Ridge. This site does not have any Goal 5 significant resources. The wildlife species in this
area are typical of those within and on the fringe of the urban area. At the Juniper Ridge site,
open space buffer areas and basalt rock outcroppings will be integrated into a master plan for
industrial development, and will allow for preservation of native plant species and small
animal habitat that could not be assured at other alternative sites.
The Part 2: Meeting Forecast Needs portion of the Economic Lands Study evaluated
fourteen alternative sites for meeting future industrial land needs, nine of which are in areas
that would require an exception. All the sites were evaluated using the same factors such as
distance to highways and arterial roads (energy consumption), compatibility with adjacent
uses (economic and social impacts), availability and location of public facilities (economic
costs), and existing use patterns (social impacts). The Hunnell Road and Juniper Ridge sites
scored the highest of the fourteen sites in this evaluation. Although these two sites did not
score the highest in all categories, there were no identified measures that would create
impacts that were significantly more adverse than would result from development at other
exception areas.
Compatibility with other adiacent uses.
Under this criterion the city must describe how the proposed uses are compatible with other
adjacent uses, or will be so rendered through measures designed to reduce adverse impacts.
The administrative rule explains that "compatible" is not an absolute term meaning no
interference or adverse impacts of any kind with adjacent uses.
Potential impacts to nearby agricultural activities resulting from converting the Juniper Ridge
site to urban industrial uses are minimized by the site's being at least a quarter mile from the
nearest farm or agricultural operations. In addition, the land between the existing agricultural
areas and the Juniper Ridge site is undeveloped land owned by the city. In any case,
industrial uses and facilities are typically not incompatible with nearby agricultural activities.
Abutting the Juniper Ridge site there are residential uses to the west and south. By
incorporating open space buffers around these two sides of the site, future industrial
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developers can reduce the impacts of development on existing residential areas. In
calculating the estimated net, buildable acreage of the total 513 -acre UGB expansion, it was
expected that at least 50 acres of the total site area would be un -buildable due to the need to
provide for this perimeter open space buffering. As noted above, in findings relating to
Factor 5 of Goal 14, a Deschutes County order relating to the Juniper Ridge site specifies that
at least 10% of total site area must be reserved for public park and/or open space uses. By
maintaining wide natural buffer areas and placing development away from urban residential
areas the city will mitigate the impacts of activity, noise and light on adjacent areas. In
addition to natural buffers, various city codes regulate the placement of lights, parking and
maneuvering areas, and site screening as necessary to reduce impacts between different land
uses.
One of the common impacts to residential areas from adjacent commercial or industrial
development is additional vehicle traffic through the residential area, especially truck traffic,
resulting from new development. As discussed above, in findings relating to Goal 12, the
main access route to and from the site for industrial traffic over the near term will be Cooley
Road. Some traffic may also make use of NE 18th Street, which also provides access to
Juniper Ridge. Both of these streets are designated in the Transportation System Plan as
urban arterials. There are single family residential uses on either side of Cooley Road
between the Juniper Ridge site and Highway 97N. Cooley is not currently built to full urban
standards. Both compatibility and safety issues for these streets can be addressed through the
modernization of Cooley Road and NE 18th St. to City of Bend urban arterial standards with
separated sidewalks, planter strips, and planted median. Upgrading of the Cooley Rd./Hwy.
97 intersection will also be necessary, both to accommodate future development of the site
and to enhance compatibility and safety for residents of adjacent neighborhoods. A recent
amendment to the TSP includes a proposed new interchange to replace the existing
Cooley/Hwy. 97 intersection as a project to be designed, funded, and built in the next five-
year period. In addition, as discussed above, any future development on the Juniper Ridge
site will require the preparation of detailed traffic impact studies addressing all transportation
impacts, and proposing measures to ensure conformance with existing General Plan policies
and development standards. These policies and standards will require improvements to
substandard transportation facilities in the area as needed to accommodate anticipated
increases in traffic volumes, ensure safety, and minimize potential adverse impacts to nearby
uses.
Other Applicable Statewide Planning Goals
Goal 5 " Natural Resources"
The city is not proposing an exception to compliance with Goal 5. There are no known
significant Goal 5 resources on the Juniper Ridge site. Any Goal 5 resources that might be
found during the development of the sites will be evaluated using the standards.in the Goal 5
administrative rule.
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Goal 6 "Air, Water, and Land Resources Quality"
The city is not proposing an exception to compliance with Goal 6. Maintaining or improving
the quality of the community's air, water and land resources will be assured through
enforcement of state and local regulations.
Goal 7 "Natural Disasters and Hazards"
The city is not proposing an exception to compliance with Goal 7. There are no areas within
the Juniper Ridge site that are subject to flooding or landslide activity. The wildfire hazard
for the site is the same as other areas with junipers and native brush to the north and east of
Bend. By providing adequate water to meet the fire flow requirements of industrial
development the city will reduce the potential wildfire hazard in this area.
Goal 8 "Recreational Needs"
The city is not proposing an exception to compliance with Goal 8. As a side benefit to the
industrial development on the Juniper Ridge site the city anticipates including open space
areas in the master plan for the site, both for purposes of providing a buffer against adjacent
neighborhoods and to allow for potential recreational uses.
Goal 9 "Economy of the State"
The city is not proposing an exception to this Goal. The purpose of the UGB amendment is
to comply with this Goal. The administrative rule for economic development planning
requires the city to have at least a 20 -year supply of land for industrial development. As
documented in the three-part Economic Lands Study, supplemented by findings in this
burden of proof, the only way the city can achieve conformance with Goal 9 is to include
more land within the UGB and zone it for industrial use.
Goal 10 "Housing"
The city is not proposing an exception to compliance with Goal 10. The expansion of the
UGB to include the Juniper Ridge site is for the purpose of providing more land for jobs.
The most recent housing needs analysis conducted by the city (1995) indicated that there was
sufficient residential land within the UGB when the General Plan was adopted to meet the
forecast housing needs. There is evidence that this may no longer be the case. However,
inclusion of the Juniper Ridge site within the UGB will not result in any reduction of the
city's buildable lands inventory for housing. The city will be updating its residential
buildable lands inventory in 2004, and may propose additional UGB expansions to meet
future housing needs as a result of that update.
Goal 11 "Public Facilities and Services"
The city is not proposing an exception to compliance with Goal 11. The large water lines and
sewer service adjacent to both the Hunnell Road site and the Juniper Ridge site will allow for
the efficient and cost effective extension of these needed services to these sites. The city has
documented that there are adequate public facilities and services adjacent to the Juniper
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EXHIBIT "D"
Ridge site to meet the needs of industrial development at the time such development occurs.
Goal 13 "Energy Conservation"
The city is not proposing an exception to Goal 13. The location of Juniper Ridge at the north
end of Bend could save energy by reducing truck travel to existing industrial areas in the
middle of Bend. Any workers from the north coming to future businesses in these areas
would also save energy through shorter commute lengths or more efficient carpooling or
public transit.
CONCLUSION:
These proposed amendments of the Bend Area General Plan to expand the Urban Growth
Boundary, designate the Juniper Ridge site as "Industrial Light," and make related
amendments to the Bend Area General Plan conform with applicable criteria of the General
Plan and satisfy applicable requirements of Oregon Statewide Planning Goals, administrative
rules, and statutes.
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EXHIBIT "D"
Exhibit A
Juniper Ridge Ske
City File No. PZ 03-565 and PZ 04-02
PAGE 38 OF 38 - EXHIBIT "D" TO ORDINANCE NO. 2004-017 (08/11/04)
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PAGE 38 OF 38 - EXHIBIT "D" TO ORDINANCE NO. 2004-017 (08/11/04)
EXHIBIT "E"
M E M O R A N D U M
TO: BEND CITY COUNCIL
FROM: BRIAN SHETTERLY, PLANNING MANAGER
PETER SCHANNAUER, ASST. CITY ATTORNEY
SUBJECT: ADDITIONAL FINDINGS: RESPONSES TO ISSUES RAISED
DURING MAY 5, 2004 PUBLIC HEARING — JUNIPER RIDGE
(CITY FILE NO. PZ -03-565)
DATE: JUNE 16, 2004
The purpose of this memo is to provide additional findings supporting
the proposed Urban Growth Boundary expansion relating to Juniper
Ridge (referenced above). These findings take the form of responses to
new issues raised in testimony provided during the City Council public
hearing of May 5, 2004 and in written materials submitted within the 7 -
day period following that date, during which the record remained open.
1. Letter from Carol E. Macbeth, 1,000 Friends of Orezon. dated
May 11, 2004. This letter objects to the proposed UGB expansion into
Juniper Ridge. It asserts that the needs analysis relied on to support the
expansion is flawed, and that a need to expand Bend's UGB to provide
an adequate supply of industrial land has not been demonstrated.
Response: The Economic Lands Study (ELS) contains a detailed
analysis of the amount of buildable land considered to be available as of
the year 2000 for industrial uses, and an estimate of the amount of
buildable acres needed to provide an adequate supply of industrial land
to the year 2020. The burden of proof for this proposal and draft
amendments to Chapter 6 of the General Plan provide updated estimates
of land needed. The conclusion of both the ELS and the burden of proof
is that expansion of the UGB is needed and justified to satisfy Statewide
Planning Goal 9 and to ensure an adequate, long-term supply of
buildable industrial land for Bend. Both the ELS and the burden of
proof supporting this proposal also find a special need for an increased
City Council Juniper Ridge Memo - June 16, 2004
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supply of large -lot industrial sites. Expansion of the UGB is needed to
make adequate provision for these large -lot sites.
Staff acknowledges that there are many different ways to carry out the
kind of analysis called for by Goal 9. Ms. Macbeth suggests, for example,
that the forecast absorption rate for industrial lands used in the ELS
(32.2 acres per year) is too high, and should be reduced to only 10.6
acres per year. This is based on an assumed annual absorption rate for
the 1997-2003 period. The ELS forecast annual absorption rate is based
on rates calculated over a longer period (1985-1998). The time period
used to determine historical rates of absorption is only one of many
variables that go into this type of analysis.
We believe the methodology and assumptions used in preparing the
Economic Lands Study are valid, and that they support the Juniper
Ridge UGB expansion. Ms. Macbeth's letter demonstrates that it may be
possible to adjust variables and assumptions to suggest that Bend's 20 -
year industrial land needs can be met entirely within the existing UGB.
We do not believe this is the case. In direct contrast to the assertions in
Ms. Macbeth's letter, a letter from Roger Lee of Economic Development
for Central Oregon supports the findings of the ELS, and states that
average industrial land prices have increased by 65% in the past four
years due to a shortage of supply. That same letter notes that "Bend has
a looming crisis both in terms of supply of industrial land and in terms of
price."'
The Economic Lands Study has been available for public review and
comment since 2001. Its findings and recommendations have been
presented and discussed in public meetings before both the City Council
and the Planning Commission. Earlier this year, the ELS was the
subject of formal public hearings before both the Bend Planning
Commission and the Deschutes County Planning Commission. In none
of these forums were the conclusions of the ELS regarding the need for
UGB expansion called into question. During the February 9, 2004 public
hearing before the County Planning Commission, DLCD field staff also
acknowledged the need for more industrial land in Bend and testified in
support of the Juniper Ridge UGB expansion on behalf of that agency.
2. Letters from Bruce White, dated April 30, 2004, May 5, 2004,
and May 12, 2004. These letters contend that the Hunnell Rd. property
is superior to Juniper Ridge as a site for future industrial development,
and that state law prevents inclusion of Juniper Ridge in the UGB
without also bringing the Hunnell Rd. site into the UGB.
1 Letter from Roger Lee, Director of Economic Development for Central Oregon, to Brian
Shetterly, dated February 4, 2004.
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Response: Staff disagrees with the contention that state law requires
both Hunnell Rd. and Juniper Ridge to be brought into the UGB, or that
Juniper Ridge cannot be brought into the UGB unless the Hunnell Rd.
site is also brought in. It is true that the Economic Lands Study
contains findings justifying inclusion of both sites in the UGB. However,
the ELS concludes with a recommendation that a total of 245 acres be
added to the UGB to provide for an estimated 20 -year supply of
industrial land. That acreage need will be more than met with the
proposed inclusion of some 513 gross acres (approximately 338 buildable
acres) of Juniper Ridge in the UGB. The 35 gross acres of the Hunnell
Rd. site are not needed to achieve a 20 -year supply of industrial land, as
required by Goal 9.
Although both sites were included in a single, unified analysis of future
industrial land needs, state law does not prohibit expansion of the UGB
into a lower -priority site, such as Juniper Ridge, provided the necessary
findings are made to justify such an expansion (see ORS 197.298[31).
These findings are made for Juniper Ridge both in the ELS and in the
burden of proof supporting inclusion of Juniper Ridge in the UGB.
The ELS and the City's burden of proof demonstrate that there is a
special need in Bend for large industrial parcels, i.e. sites over 10 acres
in size. Although it may be possible to create one or two of these large
parcels on the Hunnell Rd. site, the potential for large -lot industrial sites
is much greater on the larger Juniper Ridge site, in a manner which
makes more efficient use of land.
The Juniper Ridge site is in public ownership, assuring more control over
impacts on neighboring properties. It is subject to a covenant with the
prior owner (Deschutes County) that a public process be implemented
involving neighbors in the planning and development of a site plan for
the property. The larger size of the Juniper Ridge site permits much
greater buffering from adjacent uses than can be accomplished on the
Hunnell Rd. site. Finally, both sites are adjacent to residential
properties, although the properties abutting Juniper Ridge to the west
have a more urban character, as these residential lots are significantly
smaller.
3. Letters from Paul Dewey, dated May 3, 2004, May 5, 2004, and
May 12, 2004. These letters support bringing Juniper Ridge into the
UGB, as a more suitable site for future industrial uses than the Hunnell
Rd. site. Among other points, Mr. Dewey suggests that the scoring for
the Hunnell Rd. site contained in the ELS is incorrect, and that when
needed corrections are made Juniper Ridge becomes the highest-ranking
site of those evaluated for meeting future industrial land needs.
Response: Staff agrees that the alternative sites ranking contained in
Part 2 of the ELS is in error in finding the Hunnell Rd. site to be higher
City Council Juniper Ridge Memo - June 16, 2004
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ranked than Juniper Ridge (63 pts. for Hunnell Rd., and 61 pts. for
Juniper Ridge) . The Hunnell Rd. site is directly served by a major
collector street (Hunnell Rd.) rather than by an arterial street (Cooley
Rd.). Under the scoring system of the ELS, this correction would reduce
the points total for Hunnell Rd. by 2 points to 61, the same total as for
Juniper Ridge. It may also be reasonable to reduce the point total for
Hunnell Rd. somewhat further as a result of strong neighborhood
opposition to proposed inclusion of the Hunnell Rd. site in the UGB for
industrial development. This type of known opposition was accounted
for as a "mitigating factor" in the scoring for several other candidate sites
evaluated in Part 2 of the ELS. Making a similar adjustment to scoring
for the Hunnell Rd. site would leave Juniper Ridge as the highest ranking
(most suitable) of the 14 alternative sites evaluated in the ELS for
meeting the identified future industrial lands need.
City Council Juniper Ridge Memo - June 16, 2004
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