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2005-1066-Ordinance No. 2005-023 Recorded 9/15/2005REVIE D L GAL COUNSEL REVIEWED CODE REvitwttommmrEE DESCHUTES COUNTY OFFICIAL NANCY18LANKENSHIP, COUNTY COMMISSIONERS' JOURNAL II 2 II I III IIIIII�II III IIIlilll CLERKDS IBJ 005.1066 09/15/2005 03;29;19 PM For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 23 of the Deschutes County Comprehensive Plan. ORDINANCE NO. 2005-023 WHEREAS, Deschutes County Ordinance 2000-17 ordained the Plan Map to be a component of Title 23 and, therefore, any amendment to the Plan Map is an amendment to Title 23; and WHEREAS, the City of Redmond and Deschutes County have worked cooperatively since January of 2002 to jointly establish an urban reserve area around the City of Redmond; and WHEREAS, the Redmond Urban Area Planning Commission and the Deschutes County Planning Commission jointly held public meetings on June 3, and June 17, 2003 to review an analysis prepared by OTAK, and on July 21, 2003 held a public hearing to take testimony on OTAK's recommendations. On November 10, 2003 the two Commissions tentatively proposed 4,348 acres as a Redmond Urban Reserve Area (RURA); and WHEREAS, on December 21, 2004, the City of Redmond and Deschutes County provided DLCD 45 - day notification announcing the first evidentiary hearing on establishing the RURA would be held on February 7, 2005. On March 14, 2005 the two Commissions held their final deliberations and made recommendations to the Redmond City Council and the Deschutes County Board of Commissioners to designate 4,348 acres as the RURA. The Commissions also made a recommendation to forward on to the City Council and Board of Commissioners an additional 800 acres for their consideration, with no Commission recommendation on including these additional acres in the RURA; and WHEREAS, the City of Redmond City Council held a public hearing on April 26, 2005 to take testimony on establishing the RURA. On May 10, 2005 and June 14, 2005 the City Council recommended that Deschutes County amend the County Comprehensive Plan Map to designate 5,661 acres as the Redmond Urban Reserve Area; and WHEREAS, the County Comprehensive Plan needs to be amended to include new policies to the division and development of land in the RURA; and WHEREAS, the County Transportation System Plan (TSP) Map needs to be amended to include new designations for arterial and collector streets within the RURA, and WHEREAS, the Commissions directed staff to prepare a Findings Report which support the designation of certain areas around the City of Redmond as the RURA; and THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 23.48, Urbanization, is amended to read as described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in s*••'�feugh. PAGE 1 OF 2 - ORDINANCE NO. 2005-023 (08/23/05) Section 2. AMENDMENT. Deschutes County Comprehensive Plan Map is hereby amended as shown in Exhibit "B," attached hereto and by this reference incorporated herein. Section 3. AMENDMENT. Deschutes County Transportation System Plan Map is hereby amended as shown in Exhibit "C," attached hereto and by this reference incorporated herein. . Section 4. FINDINGS. The Board of Commissioners adopts as its findings in support of this amendment the Staff Report dated 8/23/05, attached to Ordinance 2005-023 and incorporated by reference herein as Exhibit "D". DATED this day of 2005. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNT OREGON TOM DEWOLF, Chair Date of I s' Reading: day of 2005. U Date of 2nd Reading: --76 day of 2005. Record of Adoption Vote Commissioner Yes No Abstained Excused Tom DeWolf Michael M. Daly Dennis R. Luke Effective date: /2— day of DkIc, .-9 2005. ATTEST: Recording Secretary PAGE 2 OF 2 - ORDINANCE NO. 2005-023 (08/23/05) EXHIBIT "A" Chapter 23.48. URBANIZATION 23.48.010. Urbanization. 23.48.020. Goals. 23.48.030. Urban Growth Boundary Policies. 23.48.040. Urban Reserve Area Policies 23.48.010. Urbanization. A major emphasis in Oregon's land use planning is locating the majority of new development in urban areas. The rural areas are primarily to be protected for natural resource utilization. Between the urban areas (incorporated cities) and the rural areas lies what is referred to as the urbanizing area. Usually under the jurisdiction of the County, this is the area where the future population will be located and where the city's services must be extended. In Deschutes County the three incorporated cities have been given the authority, by the County, to prepare plans for their respective urban areas. These plans are coordinated with the County's planning effort and will eventually be adopted as part of the County's comprehensive plan. In addition to a plan each city also prepares an urban area zoning ordinance and a cooperative agreement for mutually administering the urbanizing area. All three incorporated cities were growing at rapid rates by the time the Deschutes County Year 2000 Comprehensive Plan was adopted in 1979. At that time, the County estimated Bend's urban area contained a population of 33,000 people, Redmond's was approximately 7,500, and Sisters' approximately 900. All of the cities were expected to continue their growth to the year 2000. The 2000 Census results for Bend, Redmond, and Sisters were 52,029, 13,481, and 959, respectively. In 2000, 58 percent of the County's population lived in urban areas. By the year 2025, the County's population is forecasted to reach 240,811 people. This forecast includes 109,389 people in Bend, 45,724 people in Redmond, and 3,747 people in Sisters. If population growth occurs as forecasted, 66 percent of the County's population will reside in urban areas by 2025. Such growth will undoubtedly create severe problems for the provision of public services and adequate amounts of residential, commercial and industrial lands. Other problems are the protection of important aesthetic values, needed improvements in appearance and function of existing developments, safety and aesthetic problems, as well as energy and service costs, created by strip development; and problems with Page I of 6- EXHIBIT "A" TO ORDINANCE NO. 2005-023 (08/23/05) EXH113IT "A" coordination and cooperation between the various agencies serving the public in urban areas, a problem which already exists. Some opportunities also exist. Cities in Deschutes County are located in one of the most beautiful and livable environments in the State. All of the communities have within their authority the power to guide their community's growth for the public's benefit. Cooperation and mutual effort between the cities, special districts and the County could mean urban environments that not only function efficiently but are attractive and desirable places to live. The purposes of DCC 23.48 are to provide the link between the urban and rural areas, and to provide some basic parameters within which the urban areas of Deschutes County shall develop, although the specific urban area plan for each community shall be the prevailing document for guiding growth in its respective area. These policies will permit the County to review each urban area plan against common criteria and assure consistency County -wide. (Ord. 2004-012 § 4, 2004; Ord. 2002-005 § 1, 2002; Ord. 2000-017 § 1, 2000; Ord. 92-051, 1992; PL -20, 1979) 23.48.020. Goals. 1. To provide for an orderly and efficient transition from rural to urban lands. 2. To assure that planning and implementation of plans in the urban areas are consistent with the best interest of both urban and urbanizing area residents. 3. To retain and enhance the character and quality of the urban areas as growth occurs. To recognize and respect the unusual natural beauty and character of the area. 4. To provide a sound basis for urbanization by establishing proper relationships between residential, commercial, industrial and open land uses; fostering intergovernmental cooperation; and providing an efficient transportation system. 5. To retain and enhance desirable existing areas and to revitalize, rehabilitate and redevelop less desirable existing areas; to encourage and promote innovations in development techniques in order to obtain maximum livability and excellence in planning and design for development. (Ord. 2002-005 § 1, 2002; Ord. 2000-017 § 1, 2000; Ord. 92-051, 1992; PL -20, 1979) 23.48.030. Urban Growth Boundary Policies. I - Urbanization betmdar-ies. Urbanization policies refer to an uninco1porated urban growth areas within an urban growth boundaa but outside the boundaries of a city, and are intended to assist in the decision making about the conversion of rural to urban uses, and to help in the development of consistent urban area plan. More detailed policies for the urban areas of Bend, Redmond and Sisters are specified in the urban area plans and they shall be the primary documents for coordination and land use decisions in their respective areas. a. Urban growth boundaries identify and separate urbanizable land from rural land. Conversion of urbanizable land to urban uses shall be based on consideration of - 1. Orderly and economic provision for public facilities and services; 2. Availability of sufficient land for the various uses to insure choices in the marketplace; and 3. Encouragement of development within urban areas before conversion of urbanizable areas. b. Urban growth boundaries shall be established or expanded based upon the following: I . Demonstrated need to accommodate long-range urban population growth requirements consistent with LCDC 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; Page 2 of 6- EXHIBIT "A" TO ORDINANCE NO. 2005-023 (08/23/05) EXHIBIT "A" 6. Retention of agricultural land as defined, with Class I being the highest priority for retention and Class VI the lowest priority, and, 7. Compatibility of the proposed urban uses with nearby agricultural activities. 2. Coordination. a. Within an urban growth boundary City and County land use regulations and standards shall be mutually supportive, jointly proposed and adopted, administered and enforced, and plans to integrate the type, timing and location of development of public facilities and services in a manner to accommodate demand as urbanizable lands become more urbanized, and to guide the community's growth. b. Urban development shall be pennitted in areas where services are available or can be provided in a manner which will minimize costs related to necessary urban services such as schools, parks, highways, police, garbage disposal, fire protection, libraries and other facilities and services. 3. Residential development. a. Residential developments should be located so that they are convenient to places of employment and shopping facilities, and they should be developed in ways which are consistent with the character of the topography and soils on the site. Residential areas should offer a wide variety of housing densities in locations best suited to each. b. Residential densities indicated on general plans should be respected and reflected in City and County codes, ordinances and development policies. c. In residential areas, development should be encouraged which have side yards or rear yards along arterial streets as a means of reducing congestion through tuming movements in and out of driveways. d. Higher density residential areas should be concentrated near commercial services and public open space. 4. Commercial. a. Commercial facilities should be allocated in a reasonable amount and in a planned relationship to the people they will serve. Any future expansion of commercial uses should be developed as centers rather than strips and very carefully considered so that they do not cause unnecessary traffic congestion and do not detract from the appearance of the community. b. Neighborhood commercial shopping areas, parks, school and public uses may be located within residential districts and should have development standards which recognize the residential area. Development standards should be established for those commercial uses which will provide off-street parking, landscaping, access control, sign regulations and design review. c. Strip commercial developments along highways should not be extended. Commercial uses along major streets and highways shall be subject to special development standards relating to landscaping, setbacks, signs and median strips. No further commercial development outside urban growth boundaries, rural service centers, planned developments, or destination resorts shall be pennitted. d. All commercial shopping centers shall be subject to special development standards relating to setbacks, landscaping, physical buffers, screening, access, signs, building heights and design review. Care shall be taken to control the size of any new commercial developments that may be required as growth occurs. Sites shall not be oversized to a point where additional uses which would generate traffic from outside the intended service area are necessary to make the development an economic success. 5. Industrial. a. Community efforts should be directed toward preserving prime industrial lands for industrial purposes. Industrial areas shall be protected from incompatible commercial and residential uses. b. Industrial areas of the community shall be located where necessary services can be provided and with good access to transportation facilities. Page 3 of 6- EXHIBIT "A" TO ORDINANCE NO. 2005-023 (08/23/05) EXH113IT "A" c. Community efforts should be directed toward improving the general appearance of commercial and industrial areas so that they make a positive contribution to the environment of the community. d. Industrial areas shall provide for new industry in a park -like setting. e. All industrial centers shall be subject to special development standards relating to setbacks, landscaping physical buffers, screening, access, signs, building heights and design review. 6. Community appearance. a. Because of slow natural growth and their effective use as a visual and noise buffer, and their relationship to air quality, trees or stands of trees shall be protected whenever feasible in industrial, commercial, residential and other urban developments. b. Community appearance shall continue to be a major concern. Landscaping, sign regulations and building design review shall contribute to an improved environment. Major natural features such as rock outcrops, stream banks, canyons, or stands of trees should be preserved as a community asset as the area develops. c. Attempts by each community to identify those characteristics which give the community its individual identity and to preserve and expand those characteristics as growth occurs shall be encouraged by the County. d. Sign regulations shall be adopted which limit the size, location and number of signs in commercial and industrial areas and have amortization provisions to remove existing signs which do not conform with the regulations within a reasonable period of time. 7. Urban transportation. a. Expressways and arterial streets should have landscaped median strips wherever possible together with left -turn refuge lanes. Public transportation routes should be encouraged throughout the area and, if necessary, special provisions made in street design to accommodate ways. b. Streets and highways should be located and constructed in a manner which will accommodate both current and future truffic needs. Implementation of arterial and collector road systems should be joint County and City effort with strict time schedules and piiorities. c. Interurban transportation facilities should be located in or near the central business district or main highway. Special consideration will be needed to evaluate public transportation needs and possibilities within the urban area. d. Except for major arterial and collector streets, street patterns in residential areas should be designed to provide convenient access to each living unit but not encourage through -traffic. Major and collector streets should be secured and developed under a strict time frame so that a reasonable circulation pattern will result. e. Provisions should be considered which will permit mass transit vehicles on arterial and collector streets within residential areas in the future. 8. Facilities and services. a. Efforts should be made over a sustained period of time to place utility lines underground in existing and new residential areas. b. Parks should be located within walking distance of every dwelling unit in the community. Parks should be centrally located and easily accessible to the areas they are intended to serve (see Recreation). c. Certain private recreational uses such as golf courses or riding stables can be successfully integrated into residential areas provided the location, design and operation are compatible with surrounding residential developments. d. Fire protection in the planning area should be considered as a common problem by the City, County, water district and the fire protection district, and equipment should reflect the character of land uses in the community. e. Efforts should be made to encourage Federal and State agencies to locate in urban areas. Page 4 of 6- EXHIBIT "A" TO ORDINANCE NO. 2005-023 (08/23/05) EXHIBIT "A" f. Efforts should be made to group public offices in a more or less common location as a convenience to the public. 9. Other. a. In many cases, home occupations are a legitimate use within residential areas and should be permitted provided that the use displays no outward manifestations of business other an a small business sign attached to the wall of the house. b. Recreation vehicle storage should be permitted in planned residential areas and these facilities shall be landscaped and otherwise screened from ad acent residential uses. c. Consistent with policies in the Historic and Cultural chapter rehabilitation and/or redevelopment of older residential areas shall be encouraged. d. All development in Deschutes County shall comply with all applicable state and federal rules, regulations and standards. (Ord. 2005-023 § 1, 2005; Ord. 2002-005 § 1, 2002; Ord. 2000-017 § 1, 2000; Ord. 92-051, 1992; PL -20, 1979) 23.48.040. Urban Reserve Area Policies. 1. Redmond Urban Reserve Area. The following policies apply to the division and development o land in the area desianated Redmond Urban Reserve on the County Comprehensive Plan "a a. The Redmond Urban Reserve Area (RURA) shall be designated with an urban reserve bounda1y located on the County's Comprehensive Plan M4P. b. The County shall iLnplement the Urban Reserve Area desimation through the!qpplication of a RURA Combininiz Zone. The text of this combining zone shall be added and maintained in Title 18, County Zoning, of the Deschutes County Code. c. Until included in the Redmond Urban Growth Boundga, lands zoned Multiple Use Agricultural, Surface Mining, Rural Residential, or EFU in the RURA shall continue to be planned and zoned for rural uses, but in a manner that ensures a range of opportunities for the orderly, economic and efficient provision of urban services when these lands are included in the urban growth boundga, d. The County, by designating a RURA, shall adopt and iMplement land use regulations that ensure development and division of land in the MUltiDle Use Agricultural, Surface Mining o Rural Residential zonin%z districts, will not hinder the efficient transition to urban land uses and the orderly and efficient provision of urban services. . These land use regulations shall include: 1 . Prohibition on the creation of new Darcels less than ten acres; 2...-. Regulations that prohibit zone changes or plan amendments allowing more intensive uses, includiniz hiaher residential density, than permitted by the acknowledged zoning in effect as of the date of establishment of the urban reserve area. Such reolations shall remain in effect until such time as the land is included in the Redmond Urban Growth Boundgry. e. Partitions of land zoned Exclusive Farm Use shall be allowed accordiniz to state law and the County Zoning Ordinance. f. The City of Redmond and Deschutes County shall adopt a RURA Agreement consistent with . their respective coMprehensive plans and.the requirements of OAR 660-021-0050. g. New arterial and collector right-of-way established in the RURA shall meet the right-of-way standards of Deschutes County or the Ci1y of Redmond, whichever is greater. Page 5 of 6- EXHEBIT "A" TO ORDINANCE NO. 2005-023 (08/23/05) EXH1131T "A" h. The sitiniz of new development shall be regulated along existing and future arterial and collector right-of-way, designated on the County's Transportation System Plan, for the pMose of ensuring the opportunity for future urban development and public facilities. i. The sitin2 of a single family dwelling on a legal parcel is permissible if the single family dwelling would otherwise have been allowed under law, existing prior to the designation o the parcel aS Dart of the Redmond Urban Reserve Area. j. City of Redmond shall collaborate with Deschutes County to assure that the Cojmty owned 1800 aeres in the RURA is master planned before it is inco1porated into Redmond's urban growth boundary. (Ord. 2005-023 § 1, 2005) Page 6 of 6- EXHIBIT "X'TO ORDINANCE NO. 2005-023 (08/23/05) o- IIH min IN a T + WOMIMMMMMM=Mo NW NE -A A rtf----PHEAvE .."PLq __NE_qUSMY = m = n a 16 im + L J7, ANTLERA�E MTLERAVE _E BLV F, A. R�EEN AVE E ;F TJ' AVE 126 RSAV SA AV 00- W'&'U�A c U -Ew SW T - Future County Rural Arterial BOARD OF COUNTY CqMMISSIONERS Future County Rural Collector Deschutes County OF ESC TES C U OREGON Future Redmond MinorArterial —4�"9w — Future Redmond Major Collector Transportation Plan w "C r 07 0 TO Wo C air air C'a Aichjael — Principal Arterial (County TSP) Exhibit C to Ordinance 2005-023 aly, Cci�m-,. ri,�. Rural Arterial (County TSP) Rural Collector (County TSP) DMnis R. Luke, Corni�nissiofier BLM Corridor (126 reroute) &'�U�(P� Future Runway/Extension 1 0.5 0 ATTEST Recording Secret 't -- Urban Reserve Area Miles —7 ;5�r City Limit Aug,� 11, 2(M Dated this 1:, 2005 ,2005 Effective Date- Niwi?Mer LLZ— EXHIBIT "D" CITY OF REDMOND URBAN RESERVE FINDINGS BACKGROUND: Deschutes County and the City of Redmond have jointly agreed to establish an urban reserve area.' Creating an urban reserve area achieves four objectives. First, it designates lands outside Redmond's urban growth boundary (UGB) to be reserved for eventual inclusion in the UGB. Once adopted, urban reserve lands are recognized as the "highest priority" for inclusion into an UGB, when the boundary is expanded in 2 accordance with Goal 14. Second, an urban reserve designation protects these lands from patterns of development that would impede urbanization. Third, Oregon Administrative Rule (OAR) 660-021-0030 enables Redmond to identify up to thirty years of land supply as urban reserve. By designating a thirty year supply, this provides Redmond with the greatest protection of its fringe area. Lastly, adopting an urban reserve will enable the City to plan for cost-effective public facilities and services when these lands are finally incorporated into the UGB. Starting in January 2002, the City contracted with Otak, Inc., to prepare an Urban Reserve Study under a Technical Assistance Grant from the Oregon Department of Land Conservation and Development (DLCD). The study recommended measures for meeting Redmond's land needs from 2002 to 2050 and evaluated options for establishing an urban reserve area in accordance with state statutes and Oregon Administrative Rules. Otak's study served as a starting point for discussing Redmond's future land needs. Supplementing Otak's efforts, in September 2001, the City of Redmond received a Planning Assistance Grant from DLCD to gauge public sentiment regarding future urban growth. The City of Redmond contracted with the University of Oregon to conduct a Redmond Community Development Survey during November and December of 2001. The City sent approximately 977 surveys to area residents and the City received 254 responses, for a response rate of twenty-six percent. Survey results 3 were published in March 2002. The survey was intended to determine where Redmond should grow into the future and provide input on key transportation decisions facing the city. 1 Planning for urban reserves is addressed by Oregon Revised Statutes 197.247 and Oregon Administrative Rule (OAR) 660, Division 21 Urban Reserve Areas. Additionally, Statewide Planning Goal 14 [OAR 660-015-0000(14)] is applicable to urban reserves. 2 OAR 660-021-0010(l). Generally, all land within the urban reserve area must be incorporated into the UGB before other land is included, except when there is an identified need for a particular type of land which cannot be met within the urban reserve area. Designating land as "urban reserve" does not grant an "exception" to any resource lands under statewide planning Goals 3 (Agriculture) or 4 (Forest). Local governments still must fully comply with the requirements of statewide planning Goal 14 (Urbanization) when incorporating urban reserve land into an UGB. 3 Redmond Community Development Survey Results, March 2002, Page i. (Source Document #11). Urban Reserve Findings Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "D" A citizen advisory group was formed in Spring 2002. This group, known as the Urban Reserve Stakeholders' Advisory Team, met over eighteen months to review Otak's preliminary findings and make recommendations to the Deschutes County and the City of Redmond Planning Commissions regarding areas that qualify for urban reserves. Public meetings were jointly conducted by both commissions on June 3, and June 17, 2003 to review Otak's analysis. To solicit comment and encourage participation, the City and County mailed approximately 1,800 public notices to affected property owners, interested parties and local and state agencies. Otak submitted its final report on June 30, 2003 recommending that the City of Redmond designate 5,754 acres for urban reserve. 4 The Stakeholders' Advisory Team, on July 2, 2003 met to discuss alternatives to Otak's recommendation and on July 21, 2003 Deschutes County and the City of Redmond Planning Commissions conducted a joint public hearing to take formal testimony. During August and September, both planning commissions held separate work sessions to discuss options and alternatives. On October 9, 2003 the commissions conducted a joint work session to discuss modifying Otak's urban reserve designation. During another joint work session on November 10, 2003, the City and County Planning Commissions tentatively proposed 4,348 acres as urban reserve (Attachment 1). Subsequent public hearings to formally consider an urban reserve area, initially expected for Winter 2004, were postponed until Deschutes County and the Cities of Sisters, Redmond, and Bend completed a 2005-2025 coordinated population forecast. This three year work program concluded on September 8, 2004 when the Board of 5 County Commissioners adopted Ordinance No. 2004-012. Following adoption of the forecast, the City of Redmond and Deschutes County Planning Commissions revisited the urban reserve work program on October 11, and October 14, 2004, respectively. A joint work session to discuss the state criteria for supporting their earlier urban reserve proposal occurred on November 19, 2004. Afterwards, Deschutes County and the City of Redmond formally notified the DLCD and affected property owners, announcing a February 7, 2005 joint Planning Commission public hearing date. The DLCD 45 -day notice occurred on December 21, 2004, while property owner mailings were sent on 6 January14, 2005. The Redmond Urban Area Planning Commission and the Deschutes County Planning Commission held joint public hearings on February 7, 2005 to take public testimony on where the urban reserve area should be located, and how many acres should be 4 Otak Memorandum, June 30, 2003. Otak examined ten study areas comprising a total of 6,170 acres for possible inclusion into urban reserve. Otak's final recommendation identified 5,754 acres to accommodate a projected 2050 population. (Source Document #2). r' Deschutes County Coordinated Population Forecast 2000-2025, Page 25. (Source Document #3). 6 Two hundred and fifty three (253) property owners tentatively designated by the Planning Commissions for urban reserve received a notice that complied with Ballot Measure 56. General notices announcing the public hearing were distributed to 356 individuals and organizations who previously testified in July 2003, submitted written comments to the City of Redmond, or were originally recommended for urban reserve by Otak in June 30, 2003. Urban Reserve Findings -2- Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "Y included. The Commissions closed the public hearing but left the written record open until February 14, 2005 to allow additional written comments. Thirty-three property owners either testified orally or submitted written testimony requesting inclusion into the Redmond Urban Reserve Area (RURA). On February 24, the Planning Commissions met to begin their deliberations on how many acres to include in the Redmond Urban Reserve Area (RURA) and where those lands should be located. At that session, staff was directed to produce additional information regarding letters from landowners who were requesting inclusion into the reserve area. On March 14, the two Planning Commissions met for the final time to deliberate a recommendation to the Redmond City Council and Board of County Commissioners. I The Redmond Urban Area Planning Commission and the Deschutes County Planning Commission unanimously recommended that the Redmond City Council and Deschutes County Board of Commissioners designate 4,348 acres as the RURA. The Planning Commissions also forwarded, for the City Council's consideration, an additional 33 parcels whose property owners requested inclusion into the RURA. For discussion purposes, these 33 properties were placed into eight groups based upon their physical proximity to one another, and were assigned numbers which corresponded to the written testimony. One April 26, 2005 the Redmond City Council held a public hearing to take testimony on the Planning Commission's recommendation to designate 4,348 acre as the RURA. Two weeks later the City Council on May 10, determined that the RURA needed to be expanded to add an additional 1,313 acres. On June 14, 2005 the City Council held a second public hearing to take additional testimony from those property owners whose property was included in the Council's 7 May 10, 2005 recommendation. At the conclusion of the public hearing, the City Council recommended that 5,661 acres be designated as the RURA. FACTS AND FINDINGS: The following facts and findings demonstrate compliance with state law, applicable criteria, including OAR Chapter 660, Division 21 and the location factors set forth in statewide planning Goal 14, for establishing an urban reserve area for the City of Redmond. OAR 660-021-0000, Purpose: This division authorizes planning for areas outside urban growth boundaries to be reserved for eventual inclusion in an urban growth boundary and to be protected from patterns of development that would impede urbanization. 7 194 owners tentatively designated by the Redmond City Council received a notice that complied with Measure 56. Urban Reserve Findings -3- Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "D" FINDING: Deschutes County and the City of Redmond have jointly coordinated a planning program for designating lands as urban reserve. Both jurisdictions worked cooperatively in drafting the following: Redmond Urban Reserve Area (RURA) designation for the County Comprehensive Plan map (Attachment 2); * County zoning map amendments (Attachment 3); 0 County Comprehensive Plan policy amendments (Attachment 4); County zoning text amendments, Title 18.24, to protect those lands from development patterns impeding urbanization (Attachment 5); County Transportation System Plan amendments to identify major transportation corridors, including arterial and collector grid street locations (Attachment 6); 0 Joint Management Agreement (Attachment 7); Redmond Urban Area Transportation Plan map amendments (Attachment 8); and * Redmond Comprehensive Plan policy amendments (Attachment 9). OAR 660-021-0010, Definitions: For purposes of this division, the definitions contained in ORS 197.015 and the Statewide Planning Goals (OAR Chapter 660, Division 015) apply. In addition, the following definitions apply: (1) "Urban Reserve Area "- Lands outside of an urban growth boundary identified as highest priority for inclusion in the urban growth boundary when the boundary is expanded in accordance with Goal 14. (2) "Resource Land". Land subject to the Statewide Planning Goals listed in OAR 660- 004-0010(l)(a) through (0, except subsection (c). (3) "Nonresource Land".- Land not subject to the Statewide Planning Goals listed in OAR 660-004-0010(l)(a) through (0 except subsection (c). Nothing in this definition is meant to imply that other goals do not apply to nonresource land. (4) "Exception Areas"* Rural lands for which an exception to Statewide Planning Goals 3 and 4, as defined in OAR 660-004-0005(l), have been acknowledged. Urban Reserve Findings -4- Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "D" (5) "Developable Land" , - Land that is not severely constrained by natural hazards, nor designated or zoned to protect natural resources, and that is either entirely vacant or has a portion of its area unoccupied by structures or roads. (6) 'Adjacent Land", Abutting land. (7) "Nearby Land"- Land that lies wholly or partially within a quarter mile of an urban growth boundary. FINDING: The City and County will adopt and administer the definitions set forth in ORS 197.015, OAR 660-015-0000(14) and OAR 660-021 -0010, as demonstrated by the findings provided in this staff report and further cited in Attachments 2, 3, 4, 5, 6, 7, 8 and 9. OAR 660-021-0020, Authority to Establish Urban Reserve Areas: Cities and counties cooperatively, and the Metropolitan Service District for the Portland Metropolitan area urban growth boundary, may designate urban reserve areas under the requirements of this rule, in coordination with special districts listed in OAR 660-021- 0050(2) and other affected local governments, including neighboring cities within two miles of the urban growth boundary. Where urban reserve areas are adopted or amended, they shall be shown on all applicable comprehensive plan and zoning maps, and plan policies and land use regulations shall be adopted to guide the management of these areas in accordance with the requirements of this division. FINDING: Redmond and Deschutes County, in coordination with special districts, have proposed an urban reserve designation and drafted the following: 0 County Comprehensive Plan map (Attachment 2); * County zoning map amendments (Attachment 3); 0 County Comprehensive Plan policy amendments (Attachments 4); 0 County zoning text amendments, Title 18.24 (Attachment 5); 0 County Transportation System Plan map amendments (Attachment 6); e Joint Management Agreement (Attachment 7); Redmond Urban Area Transportation Plan map amendments (Attachment 8); and, 0 Redmond Comprehensive Plan policy amendments (Attachment 9). Urban Reserve Findings -5- Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "D" The City of Redmond already has intergovernmental agreements with special districts operating under Oregon law, which includes the Deschutes County Rural Fire Protection District #1 (RFPD), Central Oregon Irrigation District (COID), and Central Oregon Park and Recreation District (COPRD).8 Excluding COID, which primarily addresses water resources, the RFPD and COPRD formally recognize policies and procedures associated with an urban reserve designation. Once the Deschutes County Board of Commissioners adopts and the Oregon Land Conservation and Development Commission approves Redmond's Urban Reserve Area, the City will amend its agreements with RFPD and COPRD to formally recognize the official urban reserve designation. Furthermore, the final urban reserve designation will be shown on the County's Comprehensive Plan map, Zoning map, and Transportation System Plan map, enabling the County to implement policies and regulations to manage such lands (Attachments 2, 3, 6). OAR 660-021-0030, Determination of Urban Reserve Areas: (1) Urban reserve areas shall include an amount of land estimated to be at least a 10 - year supply and no more than a 30 -year supply of developable land beyond the 20 -year time frame used to establish the urban growth boundary. Local governments designating urban reserves shall adopt findings specifying the particular number of years over which designated urban reserves are intended to provide a supply of land. FINDING: Deschutes County Board of Commissioners determined that the City should plan for a 30 -year supply of developable land, beyond the 20 -year time frame used to establish an UGB, as authorized by state law and the state planning rule. Given the City's extraordinary population growth, this decision recognizes the importance of maintaining a supply of land in the UGB and urban reserve to meet future residential and employment land needs. Population Trends According to Portland State University's Population Research Center, Redmond's 2004 population is 18,100.9 The recently completed County coordinated population forecast predicts Redmond will accommodate 45,724 residents within its UGB by Year 2025. ECONorthwest, retained by the City to refine the coordinated 2025 population forecast and the urban reserve planning study, projects 78,777 residents by 2050.10 During the past 12 years, Redmond 8 City of Redmond — Deschutes County Rural Fire Protection District #1 Agreement (Source Document #4); MOU Between City of Redmond and Central Oregon Irrigation District (Source Document #5); City of Redmond — Central Oregon Park and Recreation District Agreement (Source Document #6). 9 http://www.upa.pdx.edu/CPRC/[)ublications/annualorpopulation.html 10 EcoNorthwest 2025-2050 Population Forecast. Originally, Otak estimated the City's 2050 population at 81,377. ECO Northwest modified the estimate by 2,600, projecting a population of 78,777 by 2050. Given the long-range projection, there is very little difference between the two figures. The City and County believe that the small difference in the population figures does not substantially affect the recommendations in the Otak analysis. (Source Document #7). Urban Reserve Findings -6- Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "D" has experienced exceptional population increases; growth in the city limits and UGB averaged approximately seven percent per year, with the last few years averaging over eight percent." Redmond's population forecast assumes an annual growth rate of 4.42% to 2025. This rate is the same rate the City observed between 1980 and 2003 and represents a long-term growth trend in Redmond, including annual population growth rates that range from —0.2% to 10.3%. As Table 1 indicates, Redmond's population will increase to 78,777 by 2050, with average annual growth rates decreasing from 2.50 to 2.0 % starting in 2025. Table I - Redmond Population Forecast 2000 - 2050 Year Population Average Annual Growth Rate 2000 15,505 2005 19,249 2010 23,897 4.42% 2015 29,667 2020 36,831 4.42% 2025 45,724 2030 51,733 2.50% 2035 57,821 2040 64,625 2.25% 2045 71,777 2050 78,777 2.00% UG13 Land Supply There are approximately 9,974 acres of land within Redmond's UG13 as summarized in Table 2. Land used for public right-of-way (e.g. roads) accounts for 1,112 acres or eleven percent of the total land area.' Other public uses such as the County fairgrounds, parks, open spaces and irrigation canals account for 1,156 acres, while Roberts Field comprises 1,605 acres, not including the airport control zone approaches. Developed private parcels account for 3,288 acres. 13 In April 2003 there were 2,698 acres of buildable land in the UGB, 1,870 acres which were vacant and 828 acres recognized as re -developable. Table 3 disaggregates Redmond's buildable land inventory, summarizing the distribution of vacant and re -developable acres based on residential, commercial, and 14 industrial land. 11 See note 5 above. 12 Otak Memorandum, June 30, 2003, Appendix D, Page 1 13 Ibid. Pages 1 and 2. One hundred and fifteen acres of vacant industrial land located in the vicinity of the airport are considered "constrained" due to planned airport related improvements and the "lease only" requirements of the Federal Aviation Administration. 14 Ibid. Urban Reserve Findings -7- Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "ID" Table 2 - Land Supply Within Redmond's Urban Growth Boundary / Year 2003 (Acres) Buildable Residential Airport Related Total Buildable Land Land Commercial Land Inv ntory Uses Redevelop Developed Developed Buildable Land Area Redevelop Public ROW Public Private Total Land Area *Vacant Robert Industrial Land Parcels Vacant Redevelopment (UGB) 853.1 Field FAA Land 1,870 I Land I Potential El1,605 115 1 1,156 1 3,288 [ 1,870 828 9,974 Table 3 - Redmond Buildable Land Inventory / April 2003 (Acres) Buildable Residential Buildable Buildable Industrial Land Total Buildable Land Land Commercial Land Inv ntory Vacant Redevelop Vacant Redevelop Vacant Redevelop * Lease Only Vacant Redevelop Lands 938 460 1 194 147 853.1 220.8 (115) 1,870 828 Residential and Employment Land Needs The following analysis demonstrates the range of land needed for Redmond's urban reserve. The range takes into consideration a fifty year time frame (2000 to 2050), market trends and fluctuations, and the flexibility of Redmond's comprehensive plan and zoning ordinances. The Board of County Commissioners recommends the designation of 5,661 acres as the Redmond Urban Reserve Area (RURA). This recommendation is predicated upon the uncertainties of residential densities and future market demand for residential development. The Board of County Commissioners found that it is in the best interest of the City to protect as much land as necessary to accommodate future urban development for a population of 78,777 residents. The Board of County Commissioners also found that it is in the best interest of the City to protect future rights-of-way of the County's arterial and collector transportation system in order to assure efficient and orderly development that can accommodate the full anticipated population growth. In particular, the Board found that it is critical to protect the arterial grid system to include additional portions of NW Helmholtz Way and South Canal Boulevard, and the additional collector grid system to include portions of NW 35 th Street, and NW Hemlock. This protection is achieved by designating the affected lands as Urban Reserve at this time so that transportation system planning can anticipate planned growth. This assures the ability to obtain needed right of way and avoid disruption to potential development that could otherwise occur in the interim. The transportation system in the URA is depicted on Attachment 6 and will be Urban Reserve Findings -8- Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "D" adopted by the County as an amendment to its respective transportation system plan and comprehensive plan. Redmond's housing analysis took into account five years (1998-2002) of approved development applications located within Redmond's UGB, including the results of 158 development applications that were approved by the City and County. Actual development densities from approved subdivision ap 1plications have shown little variation by zoning district as indicated in Table 4. Within Planned Unit Developments and development subject to Site Plan and Design Review, which includes multi -family projects, the average densities were higher, as shown in Table 5. Table 6 summarizes the City's assumed future density levels, which were derived from Redmond's Comprehensive Land Use Plan. 16 The forecasted land use densities depicted in Table 6 show a considerable increase to the average densities summarized in Table 4, demonstrating a significant departure from recent land use approvals. Table 7 forecasts Redmond's housing land needs from 2000 to 2020 and 2020 to 2050. 17 After subtracting redevelopment parcels and factoring land for streets and utilities Redmond finds a demand of 1,672 to 1,762 acres for Years 2000 to 2020 a�d 3,366 to 3,500 acres for Years 2020 to 2050 to meet their gross buildable housing needs. 18 Table 4 — City of Redmond Average Housing Densities R-1 Zoning R-2 Zoning R-3 Zoning R-4 Zoning R-5 Zoning 3.5 units/ac,±re3.1 units/acre 3.9 units/acre 1 5.6 units/acre 1 3.9 units/acre Table 5 — Housing Densities Associated with Planned Unit Development (PUD) and Site Plan Review (SPR) PUD/SPR PUD/SPR PUD/SPR PUD/SPR PUD/SPR R-1 Zoninq . _R-2 Zoning R-3 Zoning R-4 Zoning R-5 Zoning 5.5 units/acre 10.4 units/acre 6.4 units/acre 12.6 units/acre 1 5 Ibid. Table Z Appendix C, Redmond's housing needs analysis assumed that the average household size would remain constant at approximately 2.5 people per household. 16 Ibid. 17 Ibid. Page 6. 18 Ibid. An allowance of thirty-one percent for land devoted to streets, utilities, parks and institutional uses was assumed for this analysis, based on assumptions contained in the Redmond Comprehensive Land Use Plan. Other public uses such as fairgrounds, parks, open space, canals, and the airport are included in this figure See note 12 above. Urban Reserve Findings -9- Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "D" Table 6 — Assumed Future Density Lev'els R-1 Zoning R-2 Zoning R-3, R-4, R-5 Zoning 5.6 units/acre 1 6.3 units/acre 1 10 u n its/acre Table Redmond UGB, 2000 to 2060 (gross acres) Summary Range of Residential Vacant Land Needs Projections' Housing/Land Use Type 2000 to 2020 Time Period 2020 to 2050 Time Period HigherDensity LowerDensity HigherDensity LowerDensity Low Density (R-1) 1,414 1,678 2,150 2,541 Low Density (R-2) 256 186 625 521 Medium Density (R-3 and R-4) (151) (181) 263 219 High Density (R-5) 153 79 328 219 Total 1,672 1,762 3,366 3,500 Redmond's employment needs, utilizing the adopted 2020 forecasts referenced in their Comprehensive Plan, estimate that jobs within the UGB will more than double from 7,200 in 2000 to 14,650 by 2020.19 The 2050 jobs forecast assumes a ratio of jobs -to -population that is consistent with the current ratio of one job for every two residents. The 2050 employment forecast for Redmond's UGB is 40,688. Redmond's job growth forecast takes into account employment sector trends for Deschutes County and the Central Oregon Region, using documentation obtained from the Oregon Employment Department. The job growth forecasts for Redmond's UGB also take into account anticipated 2020 job growth levels, which are consistent with Redmond's Comprehensive Plan. Job growth forecasts and resulting land needs are documented in Table 8. Redmond estimates a demand of 522 to 970 acres for Year 2020 and 1,740 to 3,195 acres for Years 2020 to 2050 to meet their employment land need S.20 19 Ibid. 20 Ibid., Page 8. Employment within the Redmond UGB assumes an increase of 8,020 jobs between 1998 and 2020, and an additional 26,000 jobs by year 2050. A low and high range of land needs were forecasted by altering the average job density assumptions. Land needs were adjusted to account for work at home employment and increased utilization of existing buildings. Urban Reserve Findings -10- Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "D" Deschutes County Recommendation Table 9 incorporates data from Table 7 and Table 8 to reveal the acreage ranges for Redmond's urban reserve. After discounting an estimated supply of commercial and industrial land in Year 2020, Deschutes County Board of Commissioners predicts a need for 4,088 to 5,677 acres of land to accommodate development between 2020 and 2050 .21 As demonstrated, the Board of County Commissioners recommendation of 5,661 acres fulfills this anticipated demand by being consistent with the land need forecast. Table 9 - City of Redmond Land Needs for 2020 to 2050 (Acr 1� es) Table 8 - Employment and Related'Land Needs Forecasts" Employment and Related Land Needs UGB Surplus Land Need Projected Job Density & Land Needs Land Need (gross acres)** High Low Changein Empl yment Density Standards Assumptions Range Low Range High Range Job Sector Range 3,366 3,500 740 3,195 (1,018) 4,088 1998 to 2020 to Percentof Work at JobsCaptured in Under-utilized Employees per Net 1998 to 2020 to 1998 to 2020 to 2020 2050 Home Jobs Existing Space Acre* 2020 2050 2020 2050 Industrial 3,400 12,400 2% 5% 7 to 11 323 1,177 502 1,830 Retail Trade 1,700 4,500 4% 5% 10 to 26 62 165 163 431 Services — 2,130 7,100 5% 5% 10 to 33 62- 206 202 673 Government 790 2,000 1% 5% 8 to 11 76 192 103 261 Total 8,020 26,000 1 ----- -- -------- -------- 523 1,740 970 3,195 Deschutes County Recommendation Table 9 incorporates data from Table 7 and Table 8 to reveal the acreage ranges for Redmond's urban reserve. After discounting an estimated supply of commercial and industrial land in Year 2020, Deschutes County Board of Commissioners predicts a need for 4,088 to 5,677 acres of land to accommodate development between 2020 and 2050 .21 As demonstrated, the Board of County Commissioners recommendation of 5,661 acres fulfills this anticipated demand by being consistent with the land need forecast. Table 9 - City of Redmond Land Needs for 2020 to 2050 (Acr 1� es) Residential Vacant Land Needs Employment and Related Land Needs UGB Surplus Land Need Board Proposal Utilizing Higher Utilizing Lower Low High Low — High Density Standards Density Standards Range Range (2020) Range Range 3,366 3,500 740 3,195 (1,018) 4,088 5,677 J 5,661 21 Ibid., Pages 10 — 11. Otak's UGB supply forecast recognized adjustments to industrial supply through rezoning. Urban Reserve Findings Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "D" OAR 660-021-0030(2) Inclusion of land within an urban reserve area shall be based upon the locational factors of Goal 14 and a demonstration that there are no reasonable alternatives that will require less, or have less effect upon, resource land. Cities and counties cooperatively, and the Metropolitan Service District for the Portland Metropolitan Area Urban Growth Boundary, shall first study lands adjacent to, or nearby, the urban growth boundary for suitability for inclusion within urban reserve areas, as measured by the factors and criteria set forth in this section. Local governments shall then designate for inclusion within urban reserve areas that suitable lands which satisfies the.priorities in section (3) of this rule. FINDING: Otak's urban reserve study evaluated lands adjacent to, or nearby, 22 the urban growth boundary for suitability for inclusion into urban reserves. The term "nearby" is defined in OAR 660-021 -0010 as lands wholly or partially within a quarter mile of an urban growth boundary. Otak examined all reasonable alternatives by studying ten areas comprising a total of 6,170 acres for possible 23 inclusion into an urban reserve. Redmond finds a need for 4,088 to 5,677 acres of land to accommodate development between 2020 and 2050. The findings below, addressing the relevant (locational) factors of Goal 14, provide the factual 24 basis for selecting 5,661 acres for urban reserve. The analysis further demonstrates that there are, "no reasonable alternatives impacting less resource lands, and there are no reasonable alternatives that require less, or have less effect upon resource lands." Table 10 allocates the Board of County Commissioners' recommendation, illustrated in Attachment 1, according to region. There are approximately 1,658.8 acres designated as exception lands and 3,778.1 acres designated as resource lands (Exclusive Farm Use (EFU)) (Table 11).25 Table 10 — Redmond Urban Reserve Area (Subregions) Northeast (NE)26 Acres Northwest (NW) 27 Acres Southwest (SW) Acres Parcel Analysis Subtotal 2,277.8 Parcel Analysis Subtotal 1,980.8 Parcel Analysis Subtotal 1, 178.3 Subtotal 21 5,436.9 Rights-of-way Included in Urban Reserve Area 30 224.0 GRANDTOTAL 5,660.9 22 Otak Memorandum, June 30, 2003. Page 3. 23 lbid 21 OAR 660-015-0000(14). 25 Deschutes County recognizes two exception areas and one nonresource area near Redmond: Multi- use Agriculture (MUA-1 0), Rural Residential 10 (RR -1 0), and Surface Mining (SM). With the exception of Surface Mining (northwest), the exception areas are distributed throughout the region. Urban Reserve Findings -12- Deschutes County Board of Commissioners August 23, 2005, 1*11 M I 1 1,11 W91 Table I I — Redmond Urban Reserve Area and Resource Land s (Acres) Reserve Area (Subregions) EFU (%) of EFU to Total Reserve Exception Lands (MUA,RR, SM31 (%) of Exception to Total Reserve Total Acres Northeast — Subtotal 1,508.1 66.2% 769. 33.8% 2,277.8 Northwest Subtotal 1,276.OF-64.4% 704.8 35.6% 1,980.8 Southwest Subtotal 994.0 84.4% 184.3 15.6% 1,178.3 TOTAL 32, 3,778.1 F 69.5% 1,658.8 — 30.57-1 6P436.9 Goal 14 Factor: (1) Demonstrated Need to Accommodate Long -Range Urban population Growth Requirements consistent with LCDC Goals (2) Need for Housing, Employment Opportunities, and Livability These two factors are not applicable since they determine land need. At the time of adoption of an urban reserve area, the OAR requires consideration of Goal 14's locational factors (3 through 7). OAR 660-021-0030(2). Factors 1 and 2 will be evaluated at the time of any adjustment to Redmond's urban growth boundary. 26 The NE region includes two subareas recommended by OTAK in June 2003, (N-1: 714 acres) and (E- 1: 1,563.8 acres), totaling 2,277.8 acres. Redmond City Council reduced Otak's E-1 recommendation by 167 acres on May 9, and June 14, 2005. 27 The NW region includes three subareas and a portion of a fourth recommended by OTAK in June 2003, (N-2: 281 acres), (W-1: approximately 374 acres), (W-2: 596 acres), and (W-3: 638 acres), for a subtotal of 1,889 acres. Redmond City Council's recommendation also included an additional 91.8 acres, adjusting the total area in the NW region to 1980.8 acres. 28 The SW region includes two subareas and portions of a third recommended by OTAK in June 2003, (S- 1: 381 acres), (S-1: 422 acres), and (W-1: approximately 300 acres). Redmond's City Council's recommendation also included an additional 75.3 acres, adjusting the total area in the SW region to 1, 178.3 acres. 29 Tax lots were "clipped" (i.e., reduced in area based on shape) using Geographical Information Systems. Rights-of-way were excluded in this part of the analysis. 30 According to Geographical Information Systems analysis, approximately 224 acres of rights-of-way are included within the Urban Reserve. 31 The Surface Mining (SM) zoning district is recognized as nonresource land (660-004-0010(l)(a) through (f) except subsection (c). The SM zone totals 347.7 acres and accommodates the Negus Transfer Station, located in E-1 32 See note 4 above. Urban Reserve Findings -13- Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "D" Goal 14 Factor., (3) Orderly and Economic Provision for Public Facilities The City of Redmond and Deschutes County jointly adopted the Redmond Urban Area Transportation Plan in 2001, which identified the collector and arterial street system within and adjacent to the UGB. In 1995, the County adopted Redmond's Grid Street Standards which are applied to lands located in the 33 UGB. These amendments allowed the City and County to coordinate the development of Redmond's transportation network. The grid street standards require public streets to be spaced every 660 feet to produce a street grid which facilitates traffic movement. Certain exceptions are allowed to grid spacing for topography and other natural or man-made conditions. Typically, the City's water, sewer and other utilities are located within street right-of-way. Being able to identify the locations of rights of ways in the urban reserve area enables the City to determine more exactly what infrastructure will be needed, and its likely cost, for public facility planning purposes. In addition, having locations of major transportation routes identified allows the City to proactively plan the most efficient transportation system rather than reacting to development patterns that may not result in these same efficiencies. Finally, identifying and preserving future street right-of-way is a critical element in the City's desire to coordinate an urban reserve area with the County. As a result, the County is amending its Transportation System Plan to identify arterial and collector streets in the urban reserve area. The Board of County Commissioners found that adding additional urban reserve lands in the northwest and southwest areas, and reducing lands in the southeast would allow for the continuation of existing grid streets. The Board found that there were no existing grid streets in the southeast and that it would be more orderly and economical to continue with existing transportation infrastructure rather than building new transportation facilities. The Board found that the City must balance the need to provide an efficient transportation system against the need to protect resource lands based on the location and nature of lands in the study area, as discussed in the following findings. As described in Table 11, the Northwest Reserve Area contains 1,276 acres of resource land and 704 acres of exception acres. The majority of the resource lands are located between the existing urban growth boundary and the 704 acres of exception land; however, avoiding the 1,276 acres of resource lands to reach the exception lands would create sprawling "leap -frog" development that is inefficient and expensive to serve with urban infrastructure. This approach would not produce a compact urban form and would result in the need to include additional lands in the urban reserve in order to accommodate the identified population forecast, since there would be no way to serve remote lands without acquiring additional land on which to site needed infrastructure. Attachment 6, 33 Deschutes County adopted Ordinances 95-076 and 95-082 which amended Title 17 (Subdivisions) and Title 20, (the Redmond Urban Area Zoning ) and established "Standards for Grid Street Network" and the "City of Redmond Public Works Standards and Specifications, September 1995." Urban Reserve Findings -14- Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "D" the County Transportation System Plan Map, shows that there are nine important intersections of the arterial and collector grid streets in the Northwest Reserve Area that need protection. This is accomplished by designating them as part of the City's urban reserves and determining their future location before disruptive development can occur and commit the land to other uses. The Board of County Commissioners found that NW Helmholtz will be an important leg of the City's future arterial and collector grid system. Development in the Northwest Reserve Area is ex P14 ected to generate approximately 244,200 average daily trips (ADT's) by 2050. The Board of County Commissioners, aware of growth in the County in the surrounding area which will add trips to this important segment of Helmholtz, feels that an arterial designation would protect this leg for future capacity. This designation is consistent with the street classification system in the County and City transportation system plans. As described in Table 11, the Southwest Reserve Area contains 994 acres of resource land and 184.3 acres of exception acres. Attachment 6 also shows that there are six important intersections of the arterial and collector grid streets in the Southwest Reserve Area that need protection. The Board of County Commissioners found that there is evidence in the record that shows a need to provide for a new high school site in the Southwest Reserve Area. In 2002, the Redmond 2J School District conducted a Site Analysis as part of a Quick Response Grant from DLCD and the Governor's Quick Response Team. This analysis showed that a new high school should be located in the Southwest Reserve Area, specifically at the site located at Elkhorn and South Canal Boulevard. The Board found that providing land for a new high school now, in advance of development, would provide for the orderly and economic provision of public facilities by assuring the availability of this site for a school. An urban reserve designation will also enable the City to initiate capital improvement planning for public facilities intended to serve these outlying areas. Planning for public facilities will enable the City to provide an efficient transition from urban reserve land to urbanizable land once it is incorporated into Redmond's UGB. Public facility plans work in concert with a Capital Improvement Program (CIP). The CIP is the City's long range plan for financing and constructing major public facilities. It provides the community—individuals, interest groups, businesses, industries, and developers—with a comprehensive listing of the projects and the community's priorities for constructing them. The CIP is a document which identifies programs and schedules, and presents a financing strategy for needed capital improvements. The CIP brings together all of the projects from infrastructure master plans, such as water and sewer master plans, into one arena so that funding for all capital projects may be considered in one venue. This "level playing field" approach to project prioritization and capital financing allows the City to better prioritize its capital needs. In this process, 34 Otak Memorandum, June 30,2003, Appendix C. Urban Reserve Findings -15- Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "ID" projects are programmed over a multi-year span and selected based on a rational set of priorities. The City's adopted CIP (2002) follows this methodology and can be extended to the urban reserve area. Given Redmond's rapid growth rate, it is paramount that the City began addressing demands on its public facilities. It can do so once the lands are designated as urban reserves pursuant to the intergovernmental agreement with the County. Goal 14 Factor. (4) Maximum Efficiency of Land Uses Within and on the Fringe of the Existing Urban Area As described in Table 12, 1,858.9 acres of the Board of County Commissioners's 35 proposal are within a quarter mile of Redmond's UGB. Disaggregated, this encompasses 1,501.3 EFU acres and 357.6 exception / non -resource acres. It represents thirty-four percent of the total urban reserve area, demonstrating a commitment to maximizing the efficiency of land uses near Redmond's urban fringe. Exception lands further than a mile have generally been excluded from the urban reserve. This decision is consistent with Goal 14, Factor 4, since it will enhance the opportunity for urban efficiency in future city planning decisions as these urban reserve lands are brought into the UGB. Table 12 — Lands Within a 1/4 -mile or Adjoining Redmond's UGB (Acr6s) Reserve Area (Subregions) EFU w/in a mile or Adjoining UGB Exception land w/in 1/4 -mile or Adjoining UGB Total Lands w/in a 1/4 -mile or Adjoining UGB Acres' (%) to Total Urban Reserve Area Northeast Subtotal 3,96.4 142.2 538.61 24'% Northwest Subtotal 549.2 146.4 695.6 1 35% Southwest Subtotal 555.7 69.0 624.7 53% TOTAL 1,501.3 357.6 11,858.9 34% The Northwest Reserve Area was also designated because of its proximity to Redmond's existing sanitary sewer treatment plant, its northward sloping topography which aids a gravity fed sewer system, the need to begin a new west - side sewer trunk line interceptor, and future transportation improvements to Highway 97. 35 Tax lots were "clipped" using Geographical Information Systems. Right-of-way was excluded in the analysis. Urban Reserve Findings -16- Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "D" The Northeast Reserve Area was chosen due to its proximity to the Redmond Alternate Route and Canal Boulevard, as well as sloping downwards towards the existing sewer treatment plant and the need to begin a new eastside sewer trunk line interceptor. Except for the 1,800 acres owned by Deschutes County, the Northeast Area is already heavily parcelized and developed with residences which makes this area committed to urbanization. The Southwest Area was chosen due to its proximity to the existing urban growth boundary, in particular the proposed high school site is located adjacent to the existing urban growth boundary. The Board of County Commissioners found that including the Southwest Reserve Area as Urban Reserve would foster additional neighborhoods around the proposed high school site. As shown on Attachments 2 and 3, approximately nineteen percent of the Southwest Reserve Area is adjacent to the existing urban growth boundary, showing the maximum efficiency of land uses on the fringe of the existing urban growth boundary. Throughout the public workshops and open houses, a majority of Redmond residents emphasized the importance of maintaining a rural corridor between the cities of Redmond and Bend, thereby preserving the community's own identity. Lastly, the Northeast Reserve Area, representing the largest sub -region with 2,277.8 acres, minimizes impacts to irrigated resource lands. As shown in Table 13 approximately seventy-nine percent of the EFU lands within the Northeast 36 Reserve Area are dry. Table 13 — Analysis of Dry, Partially Irrigated and'Commercial EFU Lands Reserve Area (Subregions) Dry EFU Mixed Wet Dry EFU Commercial EFU 37 # of Parcels Total Acres # of Parcels Tota V Acrei Acres # of Parcels Total Acres Northeast Subtotal 15 1,193.3 14 -F--245.2 2 69.6 Northwest Subtotal 24 119.6 39 664.2 13 492.2 Southwest Subtotal 15 61.1 40 546.0 9 386.9' TOTAL 54 1,374 93 1,455.4 24 948.7 36 Certain parcels were excluded from the analysis - (N-2 Reserve Area, Tax Lots 1413320000900, 901, 903, 1100 and S-2 Reserve Area, Tax Lot 1513320000300 were excluded because a majority of the parcels fell outside the urban reserve designation); (S-2 Reserve Area, Tax Lot 1513290001200, S-3 Reserve Area 1513000000100; E-1 Reserve Area, W-2 Reserve Area, Tax Lot 1513050000804, 1513050001100 were clipped because part of their boundaries were within Redmond's UGB). 37 Deschutes County Zoning Ordinance, Title 18, Chapter 18.16, Page 20. Deschutes County recognizes Commercial Farms, zoned EFU, and located in the Tumalo-Redmond-Bend subzone when irrigation is Urban Reserve Findings -17- Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "D" The City of Redmond is divided geographically, east to west by the Burlington Northern Railroad, Pilot Butte Canal, and Highway 97. East and west movements in the city are also constrained by the Redmond Dry Canyon, which is a significant topographical feature that is only crossed by State Highway 126 (Highland Avenue), Antler and Black Butte Avenue and Maple Avenue (north of Quartz Avenue). The Board of County Commissioners determined that these physical features and the way they limit traffic movement in an east and west direction, make it necessary to designate additional land and services to the east of the Burlington Northern Railroad. Considering urban form at this time will enable the city's industrial area to efficiently access Redmond's housing and commercial base. By balancing its two geographic halves and designating additional land to the east, Redmond will be able to provide housing and commercial services to its future employment base (i.e. the industrial area). Additionally, the County and City have an opportunity to master plan a significant amount of land in public ownership on the east side. All of the above indicate a greater efficiency of services and land uses on the urban fringe. This analysis demonstrates that there are, "no reasonable alternatives impacting less resource lands, and there are no reasonable alternatives that require less, or have less effect upon resource lands." Goal 14 Factor. (5) Environmental, Energy, Economic and Social Consequences The Board of County Commissioners finds that there are no negative Environmental, Energy, Economic or Social (ESEE) Consequences with designating approximately 5,661 acres as urban reserve. The Joint Management Agreement specifies that Deschutes County continue exercising its planning and permitting authority in the area designated as urban reserve (Attachment 7). Deschutes County will remain responsible for administering land use and building regulations for legal lots of record in exception areas and in nonresource zones under the same circumstances as today and will continue to zone properties in full accord with state statutes. Because the act of designating an area for urban reserve doesn't change the underlying zone, farm uses will continue to exist until the land is brought into the city and zoned for development. Amendments to the County Comprehensive Plan (Attachment 4), the Zoning Map (Attachment 3) and the Zoning Text (Attachment 5) will assure that the development of the urban reserve lands meets the identified need to accommodate forecasted growth. The City and County understand that an urban reserve designation does not relieve them of the obligation to satisfy the requirements of Goal 14, including this specific factor when a UGB amendment is under consideration. applied to a minimum of 23 acres. It requires future land divisions in the Tumalo-Redmond-Bend subzone to contain parcels that utilize twenty-three acres of irrigated land. The purpose is to preserve the commercial agricultural land base. Urban Reserve Findings -18- Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "D" Environmental An ESEE analysis at the time of a UGB amendment proposal will have to evaluate the impacts that proposal has environmentally on air, land, and water resources. There is one inventoried Goal 5 significant resource property, zoned Surface Mining (SM) within the proposed urban reserve area. Owned by Deschutes County and currently known as the Negus Land Fill, this site, located in E-1, has historically been utilized for mining of fill material and continued use as a primary landfill for Northern Deschutes County.38 It was inventoried as a significant resource in 1989 because the site's approximately 2,000,000 cubic yards represented approximately twenty-six percent of the total fill material in Deschutes County.39 Additionally, considering its location, in the Northeast part of the county, this property was the only site with any significant quantity of fill material. At the time the City of Redmond considers expanding their UGB to include this site, a thorough ESEE analysis will be required. Energy The energy consequences of designating land as urban reserve results in no change because existing land uses will remain unaffected. The status quo is maintained by the urban reserve designation because there is no modification to the underlying zoning districts. There is no opportunity to develop or use land, designated urban reserve, differently than what is currently permitted by Deschutes County. The City and County will protect future road right-of-way so that permanent structures will not be located or sited within the right of way, (Attachments 5, 6, 7). As shown in Table 14 and Table 15, and illustrated on the County Transportation System Plan map, the County's existing front yard setback requirements in the Exclusive Farm Use, Multiple Use Agriculture, and Rural Residential zones protect future urban right-of-way when the property abuts existing rural arterial and collector streets. Table 14 -Deschutes County EFU, MILIA, and RR Front Yard Setbacks" Fronting Existing Rural Arterial and Collector Street Right -of -Way (ROW) 40 EFU Zone MUA-10 RR -10 Front Yard Arterial Collector Arterial Collector Arterial Collector Setback from Street Street Street Street Street Street Property Line ROW ROW ROW ROW ROW ROW 100 feet 60 feet 80 feet 30 feet 50 feet 30 feet 38 Deschutes County Comprehensive Plan, Title 23, Chapter 23.100, Page 11 39 Deschutes County Significant Resource Inventory, Site No. 482, Page 11. 40 Deschutes County Zoning Ordinance, Title 18, Chapter 18.16.070 (A), Page 20; Title 18, Chapter 18.32.050 (A), Page 3; Title 18, Chapter 18.60.040 (A), Page 2. Urban Reserve Findings _19- Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "ID" Table 15 — City of Redmond and Deschutes County Right -of -Way (ROW) Standards Jurisdiction Collector ROW Minor Arterial ROW City of Redmond 41 60 feet 80 feet Deschutes County 42 1 60 feet 1 80 feet Where arterial and collector right-of-way do not exist, the front yard setback shall be ninety feet from the proposed centerline (Attachments 5, 6). A property owner may establish a structure or building within the front yard setback or right-of-way subject to the County's approval of a development permit and provided that the owner demonstrates that the encroachment is minimal and that there is no other location for the building or structure. The City shall be a party to any development permit processed by the County in the Redmond Urban Reserve Area. This criterion will be re-examined when the City of Redmond considers amending its UGB during separate public hearings. The City and County acknowledge that an urban reserve designation does not relieve them of the obligation to satisfy the requirements of Goal 14 when a UGB amendment is 43 under consideration. Social The City is required to maintain a 20 -year land supply within its UGB to comply with the statewide planning goals. This requirement is to ensure that the City of Redmond maintains an adequate land supply for housing, commercial and industrial land needs and to provide land for open space and recreational opportunities. The ability of the City to maintain adequate land for the needs of its citizens will provide significant social benefits, enabling the City to comply with the requirements of state law and the statewide planning program. The failure of the City to provide an adequate land supply for housing, employment opportunities, recreation, commercial and industrial needs will produce negative consequences. This is a case where each jurisdiction must provide for its "fair share" of growth or that growth will be displaced to other areas. An urban reserve designation is the start of a long-range planning program covering a fifty year planning horizon. It also allows opportunities for the City and County to mutually work together to achieve specific goals. 41 City of Redmond Typical Minimum Partial Street Improvement Standard, Drawing No. 2-2. 42 Deschutes County Zoning Ordinance, Title 17, Table A. 43 See note 24 above. Urban Reserve Findings -20- Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "D" Economic There are potential economic consequences of designating land as urban reserve; however, these are viewed by the City as beneficial since urban uses tend to receive higher valuations than rural properties. If there are compensation claims under Measure 37 resulting from an urban reserve designation, both governments understand that Deschutes County may modify or waive zoning requirements as authorized under Measure 37 to compensate, settle or satisfy claims under that law. From a municipal perspective, designating land as urban reserve generally means that the City will not have to spend time and resources studying land that the City and County have already agreed is unsuitable for inclusion within the UGB. The City can direct its limited resources to developing public utility and facility plans to those urban reserve lands found to be suitable for a potential UGB expansion. As stated earlier, existing and future right-of-way will be protected so that permanent structures will not be constructed within right-of-way or setbacks 44 established by the City or County. The future cost savings to the taxpayers and the City will be significant when roads are constructed and the City has to obtain right-of-way. The City has found that it is exceedingly costly to acquire right-of- way when structures or buildings have to be removed or relocated. Therefore, it is anticipated that there will be positive economic consequences for the City if permanent structures are not located in future road right-of-way. At this time, there do not appear to be any adverse economic consequences from applying an urban reserve designation. The urban reserve designation will not change the zoning of property nor will it allow more intensive uses in the exception areas and EFU zoning districts. Goal 14 Factor. (6) Retention of Agricultural Land as Defined, with Class / the Highest Priority for Retention and Class V1 the Lowest Priority Soil types within Deschutes County do not meet the State's definition of "High- value farmland," commonly known as Class I and Class 11 SoilS.45 Even with irrigation, the highest soil for those areas proposed for urban reserve is a Class 46 III Soil Capability class, which falls below the State threshold. Lacking irrigation, Soil Capability Classifications Ratings near Redmond range from Class 47 IV to Class Vill, with an overwhelming majority falling in the Class VI category. As shown in Table 13, thirty-six percent (1,374 acres) of the EFU land proposed for urban reserve lacks irrigation. This land therefore, receives the lowest priority for agricultural retention. 44 See note 34 above. 45 Oregon Revised Statute, 215.710. 46 Otak Memorandum, June 30, 2003, Appendix B, Page 3. 47 Ibid. Urban Reserve Findings -21- Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "D" Using the soil capability classifications, partially irrigated EFU land continues the hierarchy of including the "least productive" EFU land for urban reserve. A map enclosed with this document illustrates the location of dry EFU parcels, partially irrigated parcels, and those parcels recognized for commercial agriculture (Attachment 10). As mentioned earlier, even with irrigation, the highest soil capability class for those areas proposed for urban reserve is Class Ill. Fourteen hundred and fifty-five (1,455.4) acres of partially irrigated EFU land are included as urban reserve. Lastly, commercial EFU properties, composed of 948.7 acres, were selected for inclusion into Redmond's urban reserve. As part of periodic review in 1992, Deschutes County conducted a study of commercial agriculture. The purpose of the study was to ensure that EFU zone boundaries and standards for farm divisions and dwellings were consistent with Goal 3 and relevant administrative rules. The report described the process of determining the appropriate minimum lot size to maintain commercial agriculture in the county.48 One of the primary findings of the study is that the amount of irrigated acres is the controlling variable for defining commercial agriculture. Therefore, the standard for defining what constitutes a commercial farm parcel is keyed to the number of irrigated acres typically found on commercial farms in each sub - zone. 49 As demonstrated above, the City and County are preserving high value EFU land. Minimizing impacts to irrigated EFU land contributed to the Board of County Commissioners's recommendation to include 1,730 acres in the eastern area of the Northeast Urban Reserve Area. Ninety-nine percent of the EFU lands within this area contain no irrigation. The EFU land that does receive irrigation has been designated for urban reserve because it is either located between the UGB and other exception areas or it is especially well-suited for the extension of public services. The City and County understand that all Goal 14 requirements must be met before there is any future UGB expansion. This obligation ensures that the urban reserve lands are utilized in the most efficient manner possible. This analysis demonstrates that there are, "no reasonable alternatives impacting less resource lands, and there are no reasonable alternatives that require less, or have less effect upon resource lands." As noted on Table 13 above and in related findings under Factor 4, dry and partially irrigated EFU lands were approved for inclusion in all three subareas to minimize impacts on useable agricultural land. 48 Comprehensive Plan Resource Element Agricultural Lands (Ordinance No. 92-062), Page 1. The results of the study are detailed in the completion report dated June 1992, and are incorporated into the Resource Element of the Comprehensive Plan. 49 See note 31 above. Urban Reserve Findings -22- Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "D" Goal 14 Factor. (7) Compatibility of Proposed Urban Uses with Nearby Agricultural Activities According to Oregon State Extension Service, the predominant agricultural uses near the City of Redmond involve hay production and irrigated pasture for cattle, horses, and llamas. This recent finding remains consistent with the County's Comprehensive Plan .50 These farming practices will not change in any manner by an urban reserve designation consisting of 5,661 acres. The Joint Management Agreement specifies that Deschutes County exercise its planning and permitting authority in the urban reserve area (Attachment 7). Comprehensive plan and zoning amendments allowing more intensive uses will be prohibited in the exception areas and EFU zoning districts. The County already prohibits the creation of new parcels that are less than ten acres in Multi- use Agriculture and Rural Residential zones. The ten acre minimum lot size ensures that development and land densities will not hinder the efficient transition to urban land uses as well as existing agricultural uses. Deschutes County will continue issuing building permits for legal lots of record in exception areas and in nonresource zones under the same circumstances as today. As stated above, those land currently devoted to farm use will continue to be devoted to farm use. The Joint Management Agreement does permit the siting of a single family dwelling on a legal parcel. Single family dwellings in EFU zones will meet all requirements of state and local laws regulating farm and non-farm dwellings. Lastly, when the City of Redmond initiates a program to amend its UGB, this specific locational factor will be revisited to assure that future urbanization can occur without compromising existing agricultural uses. This analysis demonstrates that there are, "no reasonable alternatives impacting less resource lands, and there are no reasonable alternatives that require less, or have less effect upon resource lands." (3) Land found suitable for an urban reserve may be included within an urban reserve area only according to the following priorities: (a) First priority goes to land adjacent to, or nearby, an urban growth boundary and identified in an acknowledged comprehensive plan as an exception area or nonresource land. First priority may include resource land that is completely surrounded by exception areas unless these are high value crop areas as defined in Goal 8 or prime or unique agricultural lands as defined by the United States Department of Agriculture; FINDING: As indicated in Table 16, approximately 357 acres qualify as first priority lands. They are composed entirely of exception and nonresource lands adjoining or within a quarter mile of Redmond's UGB. A map enclosed with this document identifies the location of the exception lands within and outside a quarter mile of Redmond's UGB (Attachment 11). Deschutes County recognizes 50 Deschutes County Comprehensive Plan, Title 23, Chapter 23.88, Page 3. Urban Reserve Findings -23- Deschutes County Board of Commissioners August 23, 2005, 029 0 cu E 0) 4 r A= cu m cn 0 0) m D LL 0 LU :6 >1 co 0 cu 'a c C: 0 a) 2 x 0) Mn 'a cu 0) cn c U) CL j:� CL (D cu 0 < co 0) c (D U) 2 CL m D cu LL .0 E W U) 0) — .(D D N c 'D E a) c 0) CO a 0 0 a) 0 E CL _0 (D (D 0 0) C (D 0 U) CU 'D 0 C: I= cu CL 0 -0 E U) r- 0 a) E .r :5 (D 0 a. U) 0 a A= (D = CU LL < i6 CD 2 cu C) C) 0 cn Cl) 0 0 LL 0 . 0 LU VL co V� -0 04 N C\l 2 m U) or) (D (0 co z CO co cr. o cc cr g E -,:K ---:K La O'D 0 0 v C4 cu cu '0 =3 C.) x C: -C —41 >% 0 C,4.2) Co .0 CO :3 in. 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U) 0 a A= (D = CU LL < i6 CD 2 cu C) C) 0 cn Cl) 0 0 LL 0 . 0 LU VL co V� -0 04 N C\l 2 m U) or) (D (0 co z CO co cr. o cc cr g E -,:K ---:K La O'D 0 0 v C4 cu cu '0 =3 C.) x C: -C —41 >% 0 C,4.2) Co .0 CO :3 in. L6 0 C> E2 04 W Cj c C." .2— wo w :3 E < 0 0 4- 0 ED cc 0 CD 0 :3 CD a (D U) a) -e Z) EXHIBIT "D" two exception areas and one nonresource area near Redmond: Multi -use Agriculture (MUA-10), Rural Residential 10 (RR -10), and Surface Mining (SM). The SM zone, totaling 347.7 acres, accommodates the Negus Transfer Station, located in E-1. As summarized in Table 11, the RR -1 0 and MUA-1 0 zoning districts surround Redmond's UGB in all directions. Lastly, the Redmond Urban Reserve designation does not include any resource land that is completely surrounded by an exception area, high value crop areas as defined in Goal 8, or prime or unique agricultural lands as defined by the United States Department of Agriculture. (b) If land of higher priority is inadequate to accommodate the amount of land estimated in section (1) of this rule, second priority goes to land designated as marginal land pursuant to ORS 197.247; FINDING: Deschutes County has not designated any marginal lands in its zoning districts. Therefore this second priority rule does not apply. (c) If land of higher priority is inadequate to accommodate the amount of land estimated in section (1) of this rule, third priority goes to land designated in an acknowledged comprehensive plan for agriculture or forestry, or both. Higher priority shall be given to land of lower capability as measured by the capability classification system or by cubic foot site class, whichever is appropriate for the current use. FINDING: As shown in Table 16, the availability of first and second priority lands, 357 acres, cannot meet Redmond's urban reserve needs (5,661 acres). This inadequacy requires selecting EFU lands. EFU lands near Redmond are composed of non -irrigated parcels, partially irrigated EFU parcels and commercial agricultural properties. A map enclosed with this document illustrates these variations (Attachment 10). The process for selecting EFU lands is based on establishing a hierarchy, designating lands with lower capability classifications first and then determining the next least productive agricultural properties. One thousand three hundred and seventy-four (1,374) acres of third priority land encompass EFU parcels lacking irrigation. These lands are the most preferable. As stated earlier, without irrigation soil capability ratings range from Class IV to Class VIII, with an overwhelming majority falling in the Class VI category. Using the soil capability classifications, partially irrigated EFU land continues the hierarchy of choosing the "least productive" EFU land for urban reserve. The highest soil for these specific areas proposed for urban reserve is a Class I I I Soil. One thousand four hundred and fifty-five (1,455.4) acres of partially irrigated EFU land are included as third priority. Lastly, selecting commercial EFU properties, composed of 948 acres, captures the additional need for urban reserve land. These lands rank last as third priority because in general, they represent the county's commercial agricultural enterprise, including farm operations, marketing outlets, and an agricultural support system. Urban Reserve Findings -25- Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "D" (4) Land of lower priority under section (3) of this rule may be included if land of higher priority is found to be inadequate to accommodate the amount of land estimated in section (1) of this rule for one or more of the following reasons: (a) Future urban services could not reasonably be provided to the higher priority area due to topographical or other physical constraints, or (b) Maximum efficiency of land uses within a proposed urban reserve area requires inclusion of lower priority lands in order to include or to provide services to higher priority lands. FINDING: Recognizing the importance of minimizing impacts to agricultural properties, as described in Table 16, the availability of first, second, and third priority lands equaling 4,135.7 acres, still do not meet Redmond's urban reserve needs. The remaining urban reserve deficit (1,341 acres) is composed of exception land S.55 These lands exceed the quarter mile radius from Redmond's UGB, which represented the initial threshold for identifying first priority lands. A map enclosed with this document identifies the location of the exception lands within Redmond's proposed urban reserve area (Attachment 11). As discussed above in the findings under Factor 3, the exception lands lie distant from the City, separated by an intervening 1,501 acres of land. This physical constraint requires inclusion of the lower priority lands in order to provide services. (5) Findings and conclusions concerning the results of the above consideration shall be adopted by the affected jurisdictions. FINDING: These findings and conclusions will be adopted by the Deschutes County Board of Commissioners as an Exhibit to an ordinance which establishes the urban reserve designation. OAR 660-021-0040, Urban Reserve Area Planning and Zoning: (1) Until included in the urban growth boundary, lands in the urban reserve area shall continue to be planned and zoned for rural uses in accordance with the requirements of this section, but in a manner that ensures a range of opportunities for the orderly, economic and efficient provision of urban services when these lands are included in the urban growth boundary. FINDING: Deschutes County will continue issuing building permits for legal lots of record in exception areas and in nonresource zones under the same circumstances as today and will continue to zone properties in full accord with state statutes. The Joint Management Agreement specifies that Deschutes County continue exercising its planning and permitting authority in the area designated as urban reserve (Attachment 7). Once approved, the County's 55 See Table 16. Urban Reserve Findings -26- Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "D" Transportation System Plan will adopt arterial and collector grid street locations. The key element to the orderly, economic and efficient provision of urban services is identifying future arterial and collector grid street right-of-way as early as possible. Dedication of right-of-way will be determined on a case-by-case basis due to the unique nature of each land use application. The City and County Transportation System Plan amendments both show future additions to the arterial and collector street systems (Attachments 6, 8). The County zoning text amendments restrict construction of new permanent structures within designated arterial and collector street corridors (Attachment 5). Access will be taken from a lower order street whenever possible. As stated earlier, existing and future right-of-way will be protected so that permanent structures will not be 56 constructed within right-of-way or setbacks established by the County. (2) Urban reserve area land use regulations shall ensure that development and land divisions in exception areas and nonresource lands will not hinder the efficient transition to urban land uses and the orderly and efficient provision of urban services. These measures shall be adopted by the time the urban reserve area is designated, or in the case of those local governments with planning and zoning responsibility for lands in the vicinity of the Portland Metropolitan Area Urban Growth Boundary, by the time such local governments amend their comprehensive plan and zoning maps to implement urban reserve area designations made by the Portland Metropolitan Service District. The measures may include: (a) Prohibition on the creation of new parcels less than ten acres, FINDING: The above criterion refers only to exception lands and nonresource lands in an urban reserve area. The County already prohibits the creation of new parcels that are less than ten acres in Multi -use Agriculture and Rural Residential zones. The ten acre minimum lot size ensures that development and land densities will not hinder the efficient transition to urban land uses. Furthermore, the Joint Management Agreement formally recognizes that the County will adhere to this policy (Attachment 7). (b) Requirements for clustering as a condition of approval of new parcels, FINDING: Deschutes County and the City of Redmond did not include clustering requirements as part of the zoning text amendments because of the County's ten acre minimum parcel size for exception lands, existing EFU zoning restrictions and the relatively small size of the parcels located in the northeast, north and east. The very large parcel located on the east (area E-11) is owned by Deschutes County. This rule does not mandate use of any or all of the suggested options and the City and County have determined there is no need to require clustering based on the characteristics of the urban reserve designated lands. 56 See note 34 above. Urban Reserve Findings -27- Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "D" (c) Requirements for preplatting of future lots or parcels, FINDING: Deschutes County and the City of Redmond did not include preplatting requirements as part of the zoning text amendments. The City will be responsible for coordinating with the County on local, collector and arterial grid street alignments whenever it receives notice of a proposed land division or other land use action located in the urban reserve area. (d) Requirements for written waivers of remonstrance against annexation to a provider of sewer, water or streets, FINDING: Deschutes County and the City of Redmond did not include waiver of remonstrance requirements as part of the zoning text amendments because the City of Redmond is the provider for water, sewer, stormwater, and transportation improvements. No services will be provided to a property located in an urban reserve area until the land is incorporated within the City's LIGB. Notwithstanding the findings that state that the City will not provide services to properties located outside the UGB, the County and City will ensure that adequate right-of-way is protected for the City's arterial and collector street system within and close by the urban reserve area (Attachment 6). The County TSP amendments re -designate five current roads from rural collector to rural arterial (Attachment 6). The roads, located west of the proposed urban reserve area, and outside the urban reserve area, will eventually complete a fully functional arterial street system using both existing and future rights-of-way. The first one is a future westward extension of Maple Avenue from the urban reserve area to where it intersects with Helmholtz. The second is the extension of Helmholtz from the intersection with Maple, south to where it connects with the City re -designated collector at the urban reserve area boundary, then from SW Wickiup Avenue south to its connection with S. Canal Blvd. outside of the urban reserve area. Designating these roads as future rural arterial right-of-ways is necessary so that the City's. proposed transportation system will be fully functional and that the proposed system will continue to comply with the City's Street Grid System policy as development occurs. This will result in a more efficient transportation system for the City and reflects how the arterial road system should ultimately provide proper street spacing and connectivity when the area is urbanized. (e) Regulation of the siting of new development on existing lots for the purpose of ensuring the potential for future. urban development and public facilities. FINDING: The County Transportation System Plan amendments show future additions to the arterial and collector street systems (Attachments 6). The County zoning text amendments restrict construction of new permanent structures within designated arterial and collector street corridors (Attachment 5). Access will be taken from a lower order street whenever possible and new permanent buildings, Urban Reserve Findings 2B - Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "D" structures, wells, septic drain fields, and residences will be located outside future grid street right-of-way. As stated earlier, existing and future right-of-way will be 57 protected so that permanent structures will not be improperly located or sited. (3) For exception areas and nonresource land in urban reserve areas, land use regulations shall prohibit zone amendments allowing more intensive uses, including higher residential density, than permitted by acknowledged zoning in effect as of the date of establishment of the urban reserve area. Such regulations shall remain in effect until such time as the land is included in the urban growth boundary. FINDING: The Joint Management Agreement and County Comprehensive Plan and zoning text amendments will prohibit applicant initiated zone amendments proposing more intensive uses in exception areas and nonresource lands (Attachments 4, 5, 7). The County retains land use authority to review and approve any proposed UGB amendment. After an urban growth boundary is amended, Redmond will plan and zone property according to the City's land needs. (4) Resource land that is included in urban reserve areas shall continue to be planned and zoned under the requirements of applicable Statewide Planning Goals. FINDING: Exclusive Farm Use zoned lands that are proposed for Redmond's urban reserve area will continue to meet the requirements of state law and statewide planning goals, specifically Goal 3, Agriculture. There is no forest land (Goal 4) located within the Redmond Urban Reserve Area. (5) Urban reserve area agreements consistent with applicable comprehensive plans and meeting the requirements of OAR 660-021-0050 shall be adopted for urban reserve areas. FINDING: The City of Redmond and Deschutes County are amending a Joint Management Agreement that fully meets the requirements of OAR 660-021-0050 (Attachment 7). Deschutes County will continue to be responsible for land use and building regulations until the UGB is amended to include urban reserve lands. The City will be the ultimate provider for urban services except for some recreation services which are provided by the Central Oregon Parks and Recreation District (COPRD). Redmond already has intergovernmental agreements with special districts operating under Oregon law, which includes the Deschutes County Rural Fire Protection District #1 (RFPD), Central Oregon Irrigation District (COID), and Central Oregon Park and Recreation District (COPRD).58 Excluding COID, which primarily addresses water resources, the RFPD and COPRD formally recognize policies and procedures associated with an urban reserve designation. Once the Deschutes County Board of 57 See note 34 above. 58 See note 7 above. Urban Reserve Findings -29- Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "D" Commissioners adopts and the Oregon Land Conservation and Development Commission approves Redmond's Urban Reserve Area, the City will amend its agreements with RFPD and COPRD to formally recognize the official urban reserve designation. Furthermore, the final urban reserve designation will be shown on the County's Comprehensive Plan, Zoning maps, and Transportation System Plan Map, enabling the County to implement policies and regulations to manage such lands (Attachments 2, 3, 6). (6) Cities and counties are authorized to plan for the eventual provision of urban public facilities and services to urban reserve areas. However, this division is not intended to authorize urban levels of development or services in urban reserve areas prior to their inclusion in the urban growth boundary. This division is not intended to prevent any planning for, installation of, or connection to public facilities or services in urban reserve areas consistent with the statewide planning goals and with acknowledged comprehensive plans and land use regulations in effect on the applicable date of this division. FINDING: The City of Redmond will begin preparing preliminary engineering plans for sewer, water and streets prior to lands being included into the City's UGB; however, no services will be provided to property located in the urban reserve area until the land is incorporated within the City's UGB. (7) A local government shall not prohibit the siting of a single family dwelling on a legal parcel pursuant to urban reserve planning requirements if the single family dwelling would otherwise have been allowed under law existing prior to the designation of the parcel as part of an urban reserve area. FINDING: The Joint Management Agreement and the County's Comprehensive Plan and zoning text amendments permit the siting of a single family dwelling on a legal parcel (Attachments 4, 5, 7). Single family dwellings in EFU districts will continue to meet all state and local requirements regulating farm and non-farm dwellings. For exception areas, the County's ten -acre minimum parcel size will remain. The County will continue issuing building permits for legal lots of record in exception areas under the same circumstances as it does today. OAR 660-021-0050, Urban Reserve Area Agreements: Urban reserve area planning shall include the adoption and maintenance of urban reserve agreements among cities, counties and special districts serving or projected to serve the designated urban reserve area. These agreements shall be adopted by each applicable jurisdiction and shall contain: (1) Designation of the local government responsible for building code administration and land use regulation in the urban reserve area, both at the time of reserve designation and upon inclusion of these areas within the urban growth boundary. Urban Reserve Findings -30- Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "D" FINDING: Deschutes County remains responsible for land use and building regulations until an UGB is amended to include urban reserve lands (Attachment 7). Once amended, the City of Redmond will be the ultimate provider for urban services and administering land use regulations and building permits. Currently, the City administers land use regulations and issues building permits within the UGB under the current intergovernmental agreement with the County.59 (2) Designation of the local government or special district responsible for the following services: sewer, water, fire protection, parks, transportation and storm water. The agreement shall include maps indicating areas and levels of current rural service responsibility and areas projected for future urban service responsibility when included in the urban growth boundary. FINDING: The City of Redmond will ultimately be responsible for sewer, water, fire protection; transportation and storm water after urban reserve lands are included within the UGB and its city limits. Redmond already has intergovernmental agreements with special districts operating under Oregon law, which includes the Deschutes County Rural Fire Protection District #1 (RFPD), Central Oregon Irrigation District (COID), and Central Oregon Park and Recreation District (COPRD) .60 Excluding COID, which primarily addresses water resources, the RFPD and COPRD formally recognize policies and procedures associated with an urban reserve designation. Once the Deschutes County Board of Commissioners adopts and the Oregon Land Conservation and Development Commission approves Redmond's Urban Reserve Area, the City will amend its agreements with RFPD and COPRD to formally recognize the official urban reserve designation. Furthermore, the final urban reserve designation will be shown on the County's Comprehensive Plan and zoning maps enabling the County to implement policies and regulations to manage such lands (Attachments 2, 3, 6). (3) Terms and conditions under which service responsibility will be transferred or expanded for areas where the provider of the service is expected to change over time. FINDING: The City of Redmond and Deschutes County adopted a Joint Management Agreement which coordinates land use planning and development permitting within the Redmond Urban Growth Area .61 This agreement was adopted under the provisions of ORS 190.003 and 197.175 and outlines the responsibility of the County and City. The amended Joint Management Agreement has some significant differences. The City exercises planning responsibility and permitting authority within the UGB under the current 59 Agreement No. 2002-289 (Source Document #8). 60 See note 7 above. 61 See note 53 above. Urban Reserve Findings -31- Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "D" agreement, whereas the County will retain its permitting authority and jurisdiction over land use decisions in the urban reserve area (Attachment 7). The City will continue performing long range planning, including public facility planning in the urban reserve area. However, the County, through the Board of County Commissioners will review and approve any legislative changes, including UG13 amendments requested by the City. Additionally, since the County is a major stakeholder and land owner in the E-1 study area, it will take an active role in master planning this site. (4) Procedures for notification and review of land use actions to ensure involvement by all affected local governments and special districts. FINDING: The City and County will notify one another and any affected special districts of a proposed land use action within the urban reserve area. Both jurisdictions agree to allow sufficient time under state law and local procedures to review land use actions within the urban reserve area and provide opportunities for comment. The Joint Management Agreement specifies the formal procedures (Attachment 7). OAR 660-021-0060, Urban Growth Boundary Expansion: All lands within urban reserve areas established pursuant to this division shall be included within an urban growth boundary before inclusion of other lands, except where an identified need for a particular type of land cannot be met by lands within an established urban reserve area. FINDING: Deschutes County and the City of Redmond jointly acknowledge this requirement. At this time, neither jurisdiction has identified a need for land that cannot be met by the proposed urban reserve area. OAR 660-021-0070, Adoption and Review of Urban Reserve Areas: (1) Designation and amendment of urban reserve areas shall follow the procedures in ORS 197.610 through 197.650. (2) Disputes between jurisdictions regarding urban reserve area boundaries, planning and regulation, or urban reserve agreements may be mediated by the Department or Commission upon request by an affected local government or special district. FINDING: ORS 197.610 through 197.650, commonly known as the "Post - Acknowledgment Procedures," set forth the procedures for local governments to provide notice of proposed amendments and new regulations to DLCD. Additionally, ORS 197.620 stipulates who may appeal the City and County's adoption of an urban reserve area, including any new regulations that are adopted to implement the purpose of the urban reserve plan designation. Deschutes County complied with state law by providing the required notice to DLCD on December 21, 2004. Urban Reserve Findings -32- Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "D" OAR 660-021-0080, Applicability: The provisions of this rule are effective upon filing with the Secretary of State. The amendments to OAR 660-021-0030 adopted by the commission on January 27, 2000, do not apply to the urban reserve designations made by the Portland Metropolitan Service District on March 6, 1997, or to any decision by the District on remand of those designations from the Land Use Board of Appeals or a court of competent jurisdiction, and the version of that rule effective on December 31, 1996, shall continue to apply to those designations. FINDING: This section is not applicable to the City of Redmond or Deschutes County because it pertains to the State of Oregon establishing this administrative rule and filing it with Oregon's Secretary of State. OAR 660-021-0090, Implementation Schedule: (1) Local governments listed in OAR 660-021-0080(3) shall complete urban reserve area planning under the following schedule: (a) Adopt final urban reserve area boundaries, including all mapping, planning, and land use regulation requirements specified in OAR 660-021-0040 within 24 months from the effective date of this rule; and (b) Adopt urban reserve area agreements meeting OAR 660-021-0050 within one year from adoption of urban reserve areas. (2) The Director may grant an extension to time lines under subsections (1)(a) or (b) of this rule if the Director determines that the local government has provided proof of good cause for failing to complete urban reserve requirements on time. FINDING: This implementation schedule does not apply to either Deschutes County or the City of Redmond. OAR 660-021-0100, Interim Protection of Potential Reserve Areas: (1) The following interim protection measures apply to all land use decisions concerning exception areas and nonresource lands within two miles of the urban growth boundary of Medford, and to those areas designated as an urban reserve by Metro (for the Portland area urban growth boundary) on March 6, 1997: FINDING: These interim protection measures do not apply to Deschutes County or the City of Redmond. Urban Reserve Findings -33- Deschutes County Board of Commissioners August 23, 2005, EXHIBIT "D" Attachments: 1 . Draft Urban Reserve Area Designation Map 2. County Comprehensive Plan Map Amendments 3. County Zoning Map Amendments 4. County Comprehensive Plan Policy Amendments 5. County Zoning Text Amendments, Title 18.24 6. County Transportation System Plan Map Amendments 7. Draft Joint Management Agreement 8. Redmond Urban Area Transportation Plan Amendments 9. Redmond Comprehensive Plan Policy Amendments 10. Urban Reserve Area / Exclusive Farm Use Map 11. Urban Reserve Area / Exception Area Map Source Documents: 1 . Redmond Community Development Survey Results, March 2002 2. Otak Memorandum, June 30, 2003 3. Deschutes County Coordinated Population Forecast 2000-2025 4. City of Redmond — Central Oregon Park and Recreation District Agreement 5. Memorandum of Understanding Between City of Redmond and Central Oregon Irrigation District 6. City of Redmond — Deschutes County Rural Fire Protection District #1 Agreement 7. ECONorthwest 2025-2050 Population Forecast 8. Agreement No. 2002-289 Urban Reserve Findings -34- Deschutes County Board of Commissioners August 23, 2005, Legend =Urban ReseNe Area Combining Zone Parcel City Limit OCSChUtft QWnty Community Developm4mt Deschutes County Zoning Map I , -1--TT 0.5 0 . Miles �2Z2� BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Tom DeWolf, Chair Michael M. Daly, Commissioner Dennis R. Luke, Commissioner ATTEST. Recording Secretary Dated this - day of June, 2005 Effective Date: July _, 2006 Legend IpUrban Reserve Arm Combining Zone Parcel City Limit Peschut" County QQ Community Developlment j. . ..... ..... ... 7M '713.;'T"�' 4,61 Deschutes County Zoning Map DDA 1 0.5 0 Miles 22.2005 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY. OREGON Tom DeWolf, Chair Rchael M. Daly, Commissioner Dennis R. Luke, Commissioner ATTEST. Recording Secretary Dated this -- day of June, 2005 Effective Date: July _ 2005 EXHIBIT "A" Chapter 23A8. URBANIZATION 23.48.010. Urbanization. 23.48.020. Goals. 23.48.030,. Urban Growth Bioundam Policies. 23.48.040. Urban Reserve Area PoliciSS ------------------------------ 23.48.010. Urbanization. A major emphasis in Oregon's land use planning is locating the majority of new development in urban areas. The rural areas are primarily to be protected for natural resource utilization. Between the urban areas (incorporated cifies) and the rural areas lies what is referred to as the urbanizing area. Usually under the jurisdiction of the County, this is the area where the future population will be located and where the citys services must be extended. In Deschutes County the duee incorporated cities have been given the authority, by the County, to prepare plans for their respective urban areas. These plans are coordinated with the Countys planning effort and ,%ill eventually be adopted as part of the County's comprehensive plan. In addition to a plan each city also prepares an urban area zonmg ordinance and a cooperative agreement for mutually administering dic urbanizing area. All three incorporated cities were growing at rapid rates by the time the Deschutes County Year 2000 Comprehensive Plan was adopted in 1979. At that time, the County estimated Bend's urban area contained a population of 33,000 people, Redmond's was approximately 7,500, and Sisters' approximately 900. All of the cities were expected to continue their growth to the year 2000. The 2000 Census results for Bend, Redmond, and Sisters were 52,029, 13,481, and 959, respectively. In 2000, 58 percent of the County's population lived in urban areas. By the year 2025, the County's population is forecasted to reach 240,811 people. Ibis forecast includes 109,389 people in Bend, 45,724 people in Redmond, and 3,747 people in Sisters. If population growth occurs as forecasted, 66 percent of the County's population will reside in urban areas by 2025. Such growth will undoubtedly create severe problems for the provision of public services and adequate amounts of residential, commercial and industrial lands. Other problems are the protection of important aesthetic values, needed improvements in appearance and function of existing developments, safety and aesthetic problems, as well as energy and service costs, created by strip development; and problems with Page I of 6- EXHIBIT "A"TO ORDINANCE NO. 2005-023 (06/22/05) Formatted: DM Fonnatted: Font color Dark Blue EXHIBIT"A" coordination and cooperation between the various agencies serving the public in urban areas, a problem which already exists. Some opportunities also exist. Cities in Deschutes County are located in one of the most beautiful and livable environments in the State. All of the communities have within their authority the power to guide their communitys growth for the public's benefit. Cooperation and mutual effort between the cities, special districts and the County could mean urban environments that not only function efficiently but are attractive and desirable places to live. The purposes of DCC 23.48 are to provide the link between the urban and rural areas, and to provide some basic parameters within which the urban areas of Deschutes County shall develop, although the specific urban area plan for each community shall be the prevailing document for guiding growth in its respective area. These policies will permit the County to review each urban area plan against common criteria and assure consistency County -wide. (Ord. 2004-012 § 4, 2004; Ord. 2002-005 § 1, 2002; Ord. 2000-017 § 1, 2000; Ord. 92-051, 1992; P1,20, 1979) 23.48.020. Goals. 1. To provide for an orderly and efficient transition firorn rum] to urban lands. 2. To assure that planning and implementation of plans in the urban areas are consistent with the best interest of both urban and urbanizing area residents. 3. To retain and enhance the character and quality of the urban areas as growth occurs. To recognize and respect the unusual natural beauty and character of the area. 4. To provide a sound basis for urbanization by establishing proper relationships between residential, commercial, industrial and open land uses; fostering intergovernmental cooperation; and providing an efficient transportation system. 5. To retain and enhance desirable existing areas and to revitalize, rehabilitate and redevelop less desirable existing areas; to encourage and promote innovations in development techniques in order to obtain maximum livability and excellence in planning and design for development. (Ord. 2002-005 § 1, 2002; Ord. 2000-017 § 1, 2000; Ord. 92-051, 1992; PL,20,1979) 23.48.030. Urban Growth Boundary Policies. I . UrbanjzgjM__P!��i?�o!jpqticies refer to an uninc=orated urban gM ------ --------------- * --- - ---- areas-witbin an urban Deleted: boundarin gLowth boundary but outside daries of a ci!y. and are intended to assist in the decision making about the conversion of rural to urban uses, and to help in the development of consistent urban area plan. More detailed policies for the urban areas of Bend, Redmond and Sisters arc specified in the urban area plans and they shall be the primary documents for coordination and land use decisions in their respective areas. a. Urban growth boundaries identify and separate urbanizable land fi-om rural land. Conversion of urbanizable land to urban uses shall be based on considwation of 1. Orderly and economic provision for public facilities and services; 2. Availability of sufficient land for the various uses to insure choices in the marketplace; and 3. Encouragement ofdevelopment within urban areas before conversion ofurbanizable areas. b. Urban growth boundaries shall be established or expanded based upon the following: I . Demonstrated need to accommodate long-range urban population growth requirements consistent with LCDC goals; 2. Need for housing, employment opportunities and livability; 3. Orderly and economic provision for public facilities and services; 4. Maximum efficiency ofland uses within and on the fringe ofthe existing urban area; 5. Environmental, energy, economic and social consequences; Page 2 of 6- EXHIBIT "A" TO ORDINANCE NO. 2005-023 (06/22/05) EXHIBIT "A" 6. Retention of agricultural land as defined, with Class I being the highest priority for retention and Class VI the lowest priority; and, 7. Compatibility of the proposed urban uses with nearby agricultural activities. 2. Coordination. a.. Within an urban growth boundary City and County land use regulations and standards shall be mutually supportive, jointly proposed and adopted, administered and enforced, and plans to integrate the type, timing and location of development of public facilities and services in a manner to accommodate demand as urbanizable lands become more urbanized, and to guide the community's growth. b. Urban development shall be permitted in areas where services are available or can be provided in a manner which will. minimize costs related to necessary urban services such as schools, parks, highways, police, garbage disposal, fire protection, libraries and other facilities and services. 3. Residential development. a. Residential developments should be located so that they are convenient to places of employment and shopping facilities, and they should be developed in ways which are consistent with the character of the topography and soils on the site. Residential areas should offer a wide variety of housing densities in locations best suited to each. b. Residential densities indicated on general plans should be rrspected and reflected in City and County codes, ordinances and development policies. c. In residential areas, development should be encouraged which have side yards or rear yards along arterial streets as a means of reducing congestion through turning movements in and out of driveways. d. Higher density residential areas should be concentrated near commercial services and public open space. 4. Commercial. a. Commercial facilities should be allocated in a reasonable amount and in a planned relationship to the people they wfl] serve. Any future expansion of commercial uses should be developed as centers rather than strips and very carefully considered so that they do not cause unnecessary traffic congestion and do not detract from the appearance of the community. b. Neighborhood commercial shopping areas, parks, school and public uses may be located within residential districts and should have development standards which recognize the residential area. Development standards should be established for those commercial uses which will provide off-street parking, landscaping, access control, sign regulations and design review. c. Strip commercial developments along highways should not be extended. Commercial uses along major streds and highways shall be subject to special development standards relating to landscaping, setbacks, signs and median strips. No finther commercial development outside urban growth boundaries, raral service centers, planned developments, or destination resorts shall be permitted. d. All commercial shopping centers shall be subject to special development standards relating to setbacks, landscaping, physical buffers, screening, access, signs, building heights and design review. Care shall be taken to control the size of any new commercial developments that may be required as growth occurs. Sites shall not be oversized to a point where additional uses which would generate traffic from outside the intended service area are necessary to make the development an economic success. 5. Industrial. a. Community efforts should be directed toward preserving prime industrial lands for industrial purposes. Industrial areas shall be protected from incompatible commercial and residential uses. b. Industrial areas of the community shall be located where necessary services can be provided and with good access to umsportation facilities. Page 3 of 6- EXHIBIT "N'TO ORDINANCE NO. 2005-023 (06/22105) EXHIBIT "A" c. Community efforts should be directed toward improving the general appearance of commercial and industrial areas so that they make a positive contribution to the environment of the community. d. Industrial areas shall provide for new industry in a park -like setting. e. All industrial centers shall be subject to special development standards relating to setbacks, landscaping physical buffers, screening, access, signs, building heights and design review. 6. Community appearance. a. Because of slow natural growth and their effective use as a visual and noise buffer, and their relationship to air quality, trees or stands of trees shall be protected whenever feasible in industrial, commercial, residential and other urban developments. b. Community appearance shall continue to be a major concern. Landscaping, sign regulations and building design review shall contribute to an improved environment. Major natural features such as rock outcrops, strewn banks, canyons, or stands of trees should be preserved as a community asset as the area develops. c. Attempts by each community to identify those characteristics which give the community its individual identity and to preserve and expand those characteristics as growth occurs shall be encouraged by the County. d. Sign regulations shall be adopted which limit the size, location and number of signs in commercial and industrial areas and have amortization provisions to remove existing signs which do not conform with the regulations within a reasonable period of time. 7. Urban transportatiom a. Expressways and arterial streets should have landscaped median strips wherever possible together with left -tum refuge lanes. Public transportation routes should be encouraged throughout the area and, if necessary, special provisions made in street design to accommodate ways. b. Streets and highways should be located and constructed in a manner which will accommodate both current and future traffic needs. Implementation of arterial and collector road system should be joint County and City effort with strict time schedules and priorities. c. Interurban transportation facilities should be located in or near the central business district or main highway. Special consideration %ill be needed to evaluate public transportation needs and possibilities within the urban area. d. Except for major arterial and collector streets, street pattems in residential areas should be designed to provide convenient access to each living unit but not encourage through -traffic. Major and collector streets should be secured and developed under a strict time frame so that a reasonable circulation pattem will result. e. Provisions should be considered which will permit mass transit vehicles on arterial and collector streets within residential areas in the future. 8. Facilities and services. a. Efforts should be made over a sustained period of time to place utility lines underground in existing and new residential areas. b. Parks should be located within walking distance of every dwelling unit in the community. Parks should be centrally located and easily accessible to the areas they are intended to serve (see Recreation). c. Certain private recreational uses such as golf courses or riding stables can be successfully integrated into residential areas provided the location, design and operation are compatible with surrounding residential developments. d. Fire protection in the planning area should be considered as a common problem by the City, County, water district and the fire protection district, and equipment should reflect the character of land uses in the community. e, Efforts should be made to encourage Federal and State agencies to locate in urban areas. Page 4 of 6- EXHIBIT "N'TO ORDINANCE NO. 2005-023 (06/22/05) EXHIBIT "A" f. Efforts should be made to group public offices in a more or less common location as a convenience to the public. 9. Other. a. In many cases, home occupations are a legitimate use within residential areas and should be permitted provided that the use displays no outward manifestations of business other an a small business sign attached to the wall of the house. b. Recreation vehicle storage should be pennitted in planned residential areas and these facilities shall be landscaped and otherwise screened fi-orn adjacent residential uses. c. Consistent with policies in the Historic and Cultural chapter rehabilitation and/or redevelopment of older residential areas shall be encouraged. d. All development in Deschutes County shall comply with all applicable state and federal rules, regulations and standards. (Ord. 2005-023 § 1, 2005; Ord. 2002-005 § 1, 2002; Ord. 2000-017 § 1, 2000; Ord. 92-051, 1992; PL -20, 1979) 23.48.040. Urban Reserve Area Policies. I . Redmond Urban Reserve Area. The following policies apply to the division and develgpment of land in the area designated Redmond Urban Reserve on the-Coun1y Comprehensive Plan mgR. a. The Redmond Urban Reserve Area (RURA) shall be designated with an urban reserve boundary located on the County's Comprehensive Plan M4P. b. The County shall implement the Urban Reserve Area designation through the application of RURA Combining Zone. The text of this combining zone shall be added and maintained in Title 18, Coun1y Zoning, of the Deschutes Coun1y Code. c. Until included in the Redmond Urban Growth Boundga, lands zoned Multiple Use Agricultural, Surface Mining, Rural Residential, or EFU in the RURA shall continue to be planned and zoned for rural uses, but in a manner that ensures a range of =ortunities for the orderly, economic and efficient provision of urban services when these lands are included in the urban mowth boundary. d. The County, by designatin a RURA, shall adgpt and implement land use regulations that ensure development and division of land in the Multiple Use Agricultural, Surface Mininiz or Rural Residential zoning districts, will not hinder the efficient transition to urban land uses and the orderly and efficient p ovision of urban services. ,L - These land use reaulations shall include: 1. Prohibition on the creation of new parcels less than ten acres: 2. Reizulations that nrobibit zone chanizes ornlan amendments allowine more intensive uses, includinjz bigher residential density. than permitted by the acknowledged zoning in effect as of the date of establishment of the urban reserve area. Such regulations shall remain in effect until such time as the land is included in ft Redmond Urban GTowth Boundw e. Partitions of land zoned Exclusive Farm Use shall be allowed accordine to state law and th Coun!3� Zoning Ordinance, f. The City of Redmond and Deschutes County shall ado—t a RURA Agreement consistent with their reo2ective comp Lebensive I21ans and the Leguirements of OAR 660-021-0050. g. New arterial and collector rigbt-of-wav established in the RURA shall meet the right-of-way standards of Deschutes County or the City of Redmond. whichever is Freater. Page 5 of 6- EXHIBIT 'W'TO ORDINANCE NO. 2005-023 (06/22/05) EXHIBIT "A" h. The sitiniz of new development shall be regulated along existing and future artetial and collector jight-of-way. designated on the Counjy's Transl2ortation System Plan, for th purpose of enswing the opportunity for future urban development and vublic facilities, i. Ile siting of a single family dwelling on a legal parcel is l2ermissible if the single family dwellin2 would otherwise have been allowed under law, existing prior to the designation of the 12arcel as parl of the Redmond Urban Reserve Area. i. City of Redmond shall collaborate with Desc butes County to assure that the County owned 1800 acres in the RURA is master planned before it is incgmorated into Redmond's urban growth boundary - (Ord. 2005-023 § 1, 2005) Page 6 of 6- EXHIBIT "N'TO ORDINANCE NO. 2005-023 (06/22/05) E)MEBIT "X' Chapter 18.24, Redmond Urban Rese Area Combinim Zone 18.24.010. PuMgs 18.24.020. Uses permitted outright, 18.24.030. Conditional uses pgnnitted. 18.24.040. Dimensional standards 18.24.050. Setbacks 18.24.060 Setback ExcWtion Application 18,24,070. Limitations for future urban development 18.24.10. Purposes The Redmond Urban Reserve Area Combining Zone implements the Deschutes Counjy Comprehensive Plan for those areas designated as urban reserve. The RURA Combining Zone maintains lands for rural uses in accordance Mtb state law, but in a mann that ensures a range ofopl2ortanities for th Mderly. economic, and efficient provision urban serves when these lands are included in the Redmond UThan Growth Boundga, 18.24.020. Uses permitted outright. Uses permitted ounight in the RURA Combining Zone shall be those identified in the underlying zoning districts. 18.24.030. Conditional uses Permitted. Uses permitted conditionally in the RURA Combining Zone shall be those identified as conditional uses in the underl3ing zonin districts, Conditional uses shall be subiect to all conditions of those zones as well as the LeWirements of this chgpter. 18.24.0340. Dimensional standards. Notwithstanding the minimum lot size in an underWng zone with which the RURA is combinecL new lots or parcels shall be a minimum of 10 acres in size, Partitions for the 12u!pose of creating a nonfann dwelling pursuant to DCC 18.16.055 may be allowed that are less than 10 acres in size. 18.24.050. Setbacks, The folloming Epecial setbacks are Lequired in the RURA Combining Zone: A. Prol2erties abutting existing public right of way for arterial and collector streets identified in the County Transportation System Plan shall meet the setbacks prescribed in the underlying zones. B. New buildings or structures shall be setback ninety (90) feet from the centerline of a planned collector or arterial identified on the Coun TransWrtation System Plan unless an application for an excWtion to the this standard is submitted and Uproved under section 18.24.060. 18.24.060. Setback ExceiMon Application, Ifit is not feasible to locate a proposed buillim or mcture outside of the Prescribed setback idcntified in Section 18.24.050B. the pro owner shall submit an Setback Exception Application. The application shall be processed as a land use permit regulated by DCC 22. The application shall include: 1, A site plan drawn to scale sho3An-L. a. the proppM boundaries, -------- ( Formatted: Bullets and Numbering b. the location of the proposed structure, c. the location of other structures on the pLoR= d. the centerline of the future arteiial or collector stivet e, any other information needed to show why it is infeasible to locate the nEMsed structure outside of th Muired setbaclL 2. A wiitten statement demonstratinja that: a. It is infeasible to locate the provogd— building or structure outside of tb setback because of one or more o the following reasons: --- fF,,.ttLd: B.IWts .,,d N., ing i. Physical constraints of the — ------ t Formatted: Bullets ,d N—bvig--� PMOROZ ii. Conflict(s) with standards in the underlying zone including, but not limited to, setbacks or aift Lequirernents, Page I of 2- EXHIBrr "A" TO ORDINANCE NO. 2005-024 (06/22/05) EXHIBIT "A" b, 'MeRroposed building or struc is located to minimize the encroacbment into the setback. 18.24.070. Limitations for future urban development The follwAing limitations shall apply to uses allowed by QcQ 18,24,020 and 18,24.030. Zone cban%!es and plan amendments involving land within the RURA Combininp Zone and Multiple Use Agdcultural, Surface Mining, or Rural Residential zoning districts that propose more intensive uses, including bigber residential densi1y, than currently allowed are probibited. Page 2 of 2- EXHIBIT "A" TO ORDINANCE NO. 2005-024 (06/22/05) — ------ f Foatted: Bullets and Num�r�ing Exhibit C Redmond Urban Reserve Area Countv TSP Chancies DESCHUTES COUNTY .-.- M - N W*E "o. "I'o -�o '.at Map Date: July 1, 2005 MAP SCALE IN FEET S 1" = 4,000 Feet MAPLEGEND #* Future County Rural Arterial (County TSP) &'Fulur Co-nty Rural Collector (County TSP) u'ur: Redmond Minor Arterial (Redmond TSP) ?tFuture Redmond Major Collector (Redmond TSP) P—v ,V REVIEWED LEGAL COUNSEL AGREEMENT BETWEEN THE CITY OF REDMOND, OREGON AND FOR THE JOINT MANAGEMENT OF THE REDMOND L AND THE REDMOND URBANA' WHEREAS, on July 27, 1982, CITY OF REDMOND /,'� ... . ..... . (COUNTY), entered a Joint Management Agreement (JMA) for i "' - development within the Redmond Urban Growth Area, an\\ WHEREAS, City and County entere latter as Deschutes County Contract No. : No. 2004-176, effective May 25, 2004; and Attachment 7 DRAFT 8/23/2005 For Recording Stamp Only dJMAson'J6,n'e,23 1998 and August 27. 2002, the �qdr NO, that was amdffd & by Deschutes County Contract WHEREAS, City and County desire to re's"C"ind all all necessary provisions into this JMA; and A yniOil - � - A, �, n WHEREAS, underORS 1 0-!003to190.030,, to enter into governm6ntaykagreem6ntis and are reqpil 'Q�ing P, consistent with State p�als; and WHEREAS-underOA Areas; an� amendments and incorporate 197.175 et seq. City and County are authorized d to prepare and adopt comprehensive plans County are authorized to establish Urban Reserve HEREAS, City aQ10ounty recognize the importance of providing an orderly transition of urban servibeg'-frdm,\ County to City' jurisd ictiohyand administration as the Redmond Urban Reserve Area "haracte—r; and transitions,fr1lorn a rural to urbaidilb WHER NR ttk$;,,�`QRS 190.0 et seq. requires that an intergovernmental agreement relating to the M—. performance of fbrib—fions or"'? ctivities by one unit of local government for another specify the /61-1 responsibilities be \ee e,'parties; N CITY AND CO AGREE AS FOLLOWS: 1. Rescission. The following prior agreements are rescinded. Rescission of these agreements does not nullify any actions taken by City under authority delegated to it by any prior agreement. A. AGREEMENT BETWEEN THE CITY OF REDMOND, OREGON AND DESCHUTES COUNTY, OREGON, FOR THE JOINT MANAGEMENT OF THE URBAN GROWTH BOUNDARY, THE PLAN FOR THE REDMOND GROWTH AREA AND THE REDMOND AREA OF MUTUAL INTEREST, dated August 27, 2002, Deschutes County Contract No. 2002-289. Page 1 of 11 — CITY OF REDMOND/DESCHUTES COUNTY Unincorporated Growth Area & Urban Reserve Area Agreement County Contract No. 2005- B. AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF REDMOND and DESCHUTES COUNTY dated May 25,2004, Deschutes County Contract No. 2004-176. 2. Definitions. AMI. Area of Mutual Interest regarding County owned land in the RURA. BOCC. Deschutes County Board of County Commissioners. Building Services. Plan review, inspection, and enforcement of,Stbte of Oregon building codes for new construction and remodeling. City Community Development Director. City Community lopm�"6 'Qirector or designee. 11 'y Comprehensive Plan. Comprehensive plan requirements. Council. City of Redmond City Council. DCC. Deschutes County Code. JMA. Joint Management Limited Transportation Services. Transpiorta , ik' standards, transportation -related conditions a Planninq Services 'egislati.Ve activities sudl '4a' I 1� text and maps, ad$ption a m ndment of la'r T, land use action, '1'11�' � within s adoption,dhd amendment of comprehensive plan d use regulations and quasi-judicial processing of Territory within the Redmond Urban Undary but outside the-ftjh"dbri -'of City. Red mond".,,,','U- rban lanning Commission. Urban GrdWth�Boundd'N'(RUGB). The boundary line shown in the Redmond Urban that separat7 , �urban `6nd urbanizable lands in and adjacent to City from rural territory Redmond Urba"n,Reserve Area (RURA). Territories outside of RUGB identified bythe Council and the BOCC as'th­6:high6st priority for inclusion in the RUGB when it is expanded under state law. 5-, The RURA, as o'f-,,th6 date of this agreement, is shown in Exhibit A. V Urban Facilities and Services. Basic facilities that are primarily planned for by cities, but that also may be provided by counties or districts and are essential to the support of development in accordance with a Comprehensive plan. Urban facilities and services include police protection, fire protection, sanitary facilities, storm drainage facilities, streets and roads, planning, zoning and subdivision control, health services, recreation facilities and services, energy and communication services, schools, transportation and community governmental services. Page 2 of 11 — CITY OF REDMOND/DESCHUTES COUNTY Unincorporated Growth Area & Urban Reserve Area Agreement County Contract No. 2005- 3. Intent and Purpose of Agreement. The intent and purpose of this agreement is for City and County to: A. Establish a procedure for the implementation of a land use plan for the Redmond Urban Reserve Area and continue the procedure for the implementation of a land use plan forthe Redmond Unincorporated Urban Growth Area. B. Improve planning, building, and limited transportation services�,to customers located within the RUUGA and RURA. C. Continue and improve coordination and communica io`,,b ,"etween City and County. D. Develop consistent policies and procedures for maiijiging urba" 'growth and development within the RUUGA and RURA. Afib,, "� Ile, - ICII_"�1111 E. Continue City responsibility for quasi-judicial and legislative plan ning-Z16t4he RUUGA. F . Minimize financial impacts of transition of lands from'R"ORA to within th a UGIB. R 4. Process for Exercising Responsibilities in the RUIL1164, A. Except as otherwise provided' r1h Section 4. R, C0i]nt4yVA4,,`d'eIegates to City responsibility for initiating and processing legislq� e a I nd quasi-judicial adfibnif'o adopt or amend Countys comprehensive plans, plan a s, zon"in is and DCC&Aor the RUUGA in accordance g ma ,,, I with this agreement. "T %,h , W-10 B . Cityis respo'nsi bl�f6r-, enforce menty6f the land use regulations. a C. The parti6"agree th&(�the BOCC r6tbins, authority to initiate and have City process comprehehs�ivib,,plan Lan map, zoning,map and zoning regulations in accordance with 'it , ut,6h yl�p )01/ Section 4.R 0 ii 71�/ D.,oc,"I" City'st6ff Will accept" an d process'611 legislative and quasi-judicial applications, including County initiated onetk�,,,'for comprehensive plan, plan map, zoning map and zoning regulation amendmkhti*.,, E. N City will give C-" atinty at f6ast 20 days notice before the first hearing of any non -County p e ment to County's comprehensive plan, plan map, zoning map or zoning ,,roposed am na req ations befo`�4 the RUAPC. F. city staff' -7,", incorporate County comments in the staff report and present them to the hearings,b,b6y. G. All proposed comprehensive plan, plan map, zoning map or zoning regulations will be submitted to the RUAPC for public hearing and recommendations to the Council and BOCC. H. Proposed amendments of countywide impact will be submitted to the County Planning Commission simultaneously with the submission to the RUAPC. 1. The Council will review and comment on the RUAPCs recommendations to the BOCC for Page 3 of 11 — CITY OF REDMOND/DESCHUTES COUNTY Unincorporated Growth Area & Urban Reserve Area Agreement County Contract No. 2005- proposed comprehensive plan and zoning regulations prior to transmittal to County. J. Citywill transmit all records of the proceedings before the Council to the BOCC within five working days of Council's final decision. K. Except for proposed amendments of countywide impact, the County agrees to set a BOCC hearing date within 90 days of receipt of a recommendation from the Council for all ordinances prepared in County format. L. City staff will provide primary staff support to the BOCC on a"If mi I " 7' prehensive plan, plan map and zoning regulations. ell',",i�" M. City staff will prepare all ordinances in County formaitlor ado* OCC. —,ption by the B L S N. City will follow the provisions of DCC Title 22, Deschutes County b&elopment Procedures Ordinance for notice and hearing requirements. 0. If there is a conflict, DCC Title 22AW"11"ontrol ov',�r any conflictingro ision of this agreement. S. C i t y �p d,,, n nty Plan ihg Commission'smay hold joint hearings. T. Any conflicts'b, tweeft, �FCity and nt be resolved by the BOCC and Council. AW ,.,Qc�u "'y I U. Complying with any changes in state law that may require changes in Wo 1. City or Co"OnWs compr�ob sive plan and DCC. V?!%, City is respon 1 91 1 155'e for coftf lying with any periodic review order or periodic review work tasks required 67y'theoregon Land Conservation and Development Commission (LCDC) or "�'�,i��e,�,Department�bf,',,Land Conservation and Development (DLCD). W. Citiviikapply th'6'County's zoning and land division ordinances applicable to lands within 16 the RU" 1 Glity Community Development Director has authority to make interpretations of County land use regulations within the RUUGA, but must consult with County Community Development Director concerning any requests in writing for interpretation of land use regulations. 2). If County Community Development Director disagrees with the City interpretation, the City may use the Declaratory Ruling procedure in Title 22, Chapter 22.40. X. County delegated authority to City under Paragraph Y.1) below includes authority of City Community Development Director to take any action that County staff is empowered to Page 4 of 11 — CITY OF REDMOND/DESCHUTES COUNTY Unincorporated Growth Area & Urban Reserve Area Agreement County Contract No. 2005- take under the applicable County land use ordinances to process, decide and implement land use decisions. 1 Where applicable ordinances contemplate signature of a document by the County Planning Director (such as signing conditions of approval agreements, improvement agreements or plats) the City Community Development Director is authorized to execute such. documents. 2) Where applicable ordinances require approval of the County Counsel, Public Works Director, or County Engineer, such authoritXi"s 6r�bled to the City official or agent of similar capacity. 3) The BOCC or a designated member reta divisions within the RUUGA. Y. City will continue to recognize the RUUGA. Z. Funding of services delegated underPara'g`Qh 1) by City. 1) City has authority 'tb,-,,collect fees fro applications and inspections necessary to approval. 2) County delegates to City sign plats affecting land n Involvement Committee for the throudh-"fees collected cants for processing land use compliance with conditions of fees. AA. County will. rf6tify, City,of all propose,41 cou ntywidei6 mend ments that will have an impact within the"RUI-IGA11" 5. Process for Exerc5its-1ing Responsibilities in t!*RURA. F -a NO iy1i 6t and amend County comprehensive plan, plan map, A. C-dunty,has exclUr, ditive authon iap and zoniff'g r ulati 'in accordance with this agreement and OAR 660-021- zoning.'ry eg 0100 until,thojprritorV"'is'in-cludled in the RUUGA. County is resl5 j ible for',thb enforcement of all land use ordinances within the RURA. C. 7'Re'source lands�i , t are included in the RURA shall continue to be planned and zoned , i�`Ik � '%�t� Linqff the requirements of applicable Statewide Planning Goals. D. Forex6b'Otiori'lands and nonresource land in the RURA, land use regulations shall prohibit zonea en ments allowing more intensive uses than permitted by acknowledged zoning in &i e ect as4f the date of establishment of the RURA. Zoning regulations in effect at the time of designation of the RURA shall remain in effect until such time as the land is included in the urban growth boundary. E. Consistent with Sections 3 and 4, County staff will accept and process comprehensive plan, comprehensive plan map, zoning map or zoning regulation amendments. F. County will provide City with 45 days notice before the first hearing of any proposed comprehensive plan, comprehensive plan map, zoning map or zoning regulation. Page 5 of 11 — CITY OF REDMOND/DESCHUTES COUNTY Unincorporated Growth Area & Urban Reserve Area Agreement County Contract No. 2005- G. County staff will incorporate any City comments in the staff report and present them to the initial and final hearings body. H. All proposed County comprehensive plan, comprehensive plan map, zoning map or zoning regulation amendments will first be submitted to the RUAPC for public hearing and to County Planning Commission for recommendation to the respective governing bodies. 1. The Council will hold a hearing and make a recommendation to the BOCC on any proposed change to County's comprehensive plan, plan map, zoning map and zoning regulations. A J 21 L. X The BOCC will set a hearing date within 90 days of reg6ipt ofa recommendation from the Council for all ordinances prepared in County forma"Tte, City will transmit all records of the proceeding s before the R and Council to the BOCC within five working days of Council's'Anal Abision. /;0 "', Y pimap,-zoning No County comprehensive plan, plapo' or zoning reg a in is effective within the RURA unless it is adoDted b v t � *e,B 0 C C. 71,11, The provisions of Title 22, Deschutes County followed for notice and hear'itiq,requirements. Ordinance will be N. If there is a conflict, DCC Title' '�2,c6nfrols the provisio'n"isvio"f1thi-is agreement. 0. City will enter urban reserve arealagreements wag,special districts that currently provide urban services to territory within the ROAA, alld- �h6V6 plans in place to continue such services until tfiEi,,,.t��ftritory is included1within the RQ�OGA. - egis a ive B. b— ' I ti amendments of the RUGB and RURA designation will be heard by both the R W , APC and the"County Planning Commission and by both the Council and BOCC. ,,,ny,& responding plan designation and zoning map amendments maybe heard as,�part of the same process. 2) City and County planning commissions and Council and BOCC may meet either separately or jointly. 3) Any conflicts will be worked out between the Council and BOCC. C. Quasi-judicial UGB amendments shall be heard in accordance with Title 22, with any appeal heard before the BOCC. Page 6 of 11 — CITY OF REDMOND/DESCHUTES COUNTY Unincorporated Growth Area & Urban Reserve Area Agreement County Contract No. 2005- 1 Any corresponding plan designation and zoning map amendment may be heard as part of the same process. 2) City shall be given a forty-five day notice of the proposal prior to the hearing before the Hearing Officer, and any City comments shall be included in the staf report. 3) The amendment shall become effective upon adoption of the amendment bythe BOCC. 4) No adoption by the City Council will be required. -'K\ RN .1 5) County shall send a copy of the ordinance ad.6pti' g �t he map amendment to the City. D. Recognizing that the City and County have the �6�oority to cooperatively designate RURA under OAR 660-021-020, the County will 94"ccept quasi-judicial,,,RQRA applications. ,��w 7. Public Facility Planning. A. City is responsible for the preparation, adopti,76- enament of the public facility plans for any RUGB amendments. B. City will coordinate the prep;�fTtf n,,,of any RURA publi6facility plan with County, special �, ; 07/ 1 , 1 4", districts, state and federal agenbies",brid,private providers,6.f��pbblic facilities as required by OAR 660-021-0040(5). 4F rl 704 �iz� ,Urba I alig o development or services in urban 41111 "MIG- � 11 , C. Nothing in this,, n ,agreement autho als O!� reserve areas' prior'i& their inclusion in'the urbangrowth boundary. D. UrbanA'11C es T h e Se' W e ra g e dF, cilities Plan sj" intly adopted by City and County, is controlling f0pr future7sewer const t" it in the RUUGA until more detailed engineering ruc io -0, sistent'VOlf the plan is adopted. 2) Annexation to City"W"iff be encouraged over formation or expansion of special distric4t.A bK County will�discourage subdivision developments that are not consistent with the facilitiesvplan. 4) n County will coordinate the expansion and development of all urban f lities and services for territories within the RUUGA in a manner to promote I annexation of such territories to City. a) Provisions for urban facilities and services will be planned to limit duplication for greater efficiency and economy of operation. b) County may accept, in lieu of the construction of public facilities and services, a waiver of remonstrance to the formation of a Local Improvement District filed with the City (upon annexation) relating to the future expansion of urban facilities, services and annexation, as evidence Page 7 of 11 — CITY OF REDMOND/DESCHUTES COUNTY Unincorporated Growth Area & Urban Reserve Area Agreement County Contract No. 2005- of facilities and services for approval for any subdivision, land partition or other land use application within the RUUGA, unless urban facilities and services are required to be provided as part of the development. E. SDCs. Coordination of SDC adoption, revision, and collections will be covered by a separate City and County agreement. F. Reimbursement Policy for Public Improvements. City has adopted an ordinance providing that,,",,,,," `6-�-,,applicant who installs infrastructure improvements that benefit other properties may be reimbursed by dw City for an appropriate portion of the cost (of It "esey provements. Installation of such improvements in a timely and orderly,J6 s"ion"', �'ilffurther the coordination of V development in the RLILIGA consistent with,t is agre6e,,Aent. pj 2) County delegates to City all authorit�'hece�ssary or appro""flIke to implement the reimbursement ordinance within,the RULIGA. 8. Area of Mutual Interest. 3) Any amendments to City street standards, policies or exaction requirements will be processed accordance with Section 4.G and Section 5.1-1 respectively. C. Future Transportation Corridors. City and County agree to cooperate in the early identification of possible transportation corridors that might be located within or near County owned AMI land east of City. City and County hope that this can occur during the master planning phase for the AMI. Page 8 of 11 — CITY OF REDMOND/DESCHUTES COUNTY Unincorporated Growth Area & Urban Reserve Area Agreement County Contract No. 2005- 10. Special Provisions. A. Annexations to City Limits. 1) 2) 3) 4) 5) 6) City and County may rely on this agreement as a prerequisite to annexation under ORS 195.205(2)(a)(B) and statutes referenced therein. City annexations will occur only within its Urban Growth Boundary. A� Specific annexation decisions will comply, with appli6able land use law and be consistent with City annexation policies. Ad I City will provide County at least 15 days iew`-`a­160,, omment on annexation decisions. X N When annexing territory, City will an,n6x roads adjacent to's rritory. Transfer of authority upon angri0kaii4n: '%,Z, a) Upon annexation, jurisclictiorr `� "a"Wand use approvals Within the territory annexed will automatically transf9feorn County to City. Permits will remain effective and,*iII be recognized by', it' as if they were made by City. y 'till,ad minister all'ia'nd use approvals in the annexed b) Upon annexation territory, implemen, t 'an&"' enforce suck,,,, approvals together with all implementing agreements is�,Jncldhes improvement agreements, 7 " `4074",s ,,j ditions of appro4til reement 'bonds and other similar arrangements. M, For 16"n'd use approvals within the RUUGA after the date of this agreement, V:411 4 k all improvement agreements, conditions of approval agreements, annexation,agreements,�,Lf,tility agreements and similar agreements will be $kproV6 arid-signedby ityand County jointly. All bonds must designate "60th 66,*�s the assured agencies. b, 0-"- " 6 i t y"a" * 8 6, , ority for building permitting and inspections within the RUGB, except :ontinues to be responsible for building services in the RURA under ounty Contract No. 2002-288, effective August 27, 2002. fees to review and obtain County approval for any changes of service rs of contractual building permitting and inspections services. ination. Cityand County agree that their community development directors will meeton an on-going basis to monitor all activities relating to this agreement. 12. Indemnification. To the extent legally possible City and County will jointly indemnify, hold harmless, and defend each other, including officials, agents, and employees from and against any and all claims, damages, losses, and expenses (including but not limited to attorney fees) relating to performance or failure to perform under this agreement. This indemnity provision Page 9 of 11 — CITY OF REDMOND/DESCHUTES COUNTY Unincorporated Growth Area & Urban Reserve Area Agreement County Contract No. 2005- survives the termination of this agreement. 13. Review, Amendment and Termination. A. This agreement may be reviewed and amended at any time by mutual consent of both parties, after a joint public headng by the Council and the BOCC. B. This agreement will be reviewed, and may be amended at the time of a RURA designation or any RUG13 amendment. lell", C. Any modifications in this agreement will be consist&i with -the City and County comprehensive plans and state law. D. This agreement may be terminated by either party'ky the following procedure: HN"', F" 1) A public hearing will be called by the p"arty considering termirittion . The party must give the other party notice of he'ar'in at least 45 days prid(W,�Jhe,scheduled 0, hearing date. The 45 day periodm ust be used by both parties to seek,"rbsolution of differences. Al 2) Public notice of the hearing must com 3) Termination of the ag �err "P, - provide time for resolutio'n V, E. City and County planning and buil( ' regarding this agreement or relatir qt4, not resolved4.hrbd0hf this informal attempt tolesolv th6te disputes. resolve'an"Tdisoute. V Dated this of THE C By: n"U.nge,r, Mayor By: Michael Patters _P 'n", City M APPROVED AS TO FORM: Thomas Sponsler, City Attorney must be at lea' state law and I goals. after the public hearing to ff willIttemptAb informally resolve any disputes WAF 0 terms, conditions, or meaning. For any disputes s, the Council and BOCC will meet jointly in an party may request the services of a mediator to Page 10 of 11 — CITY OF REDMOND/DESCHUTES COUNTY Unincorporated Growth Area & Urban Reserve Area Agreement County Contract No. 2005- Dated this of 12005 BOARD OF COUNTY COMMISSIONERS ATTEST: Recording Secretary TOM DEWOLF, CHAIR MICHAEL M. DALY, COMMISSIONER DENNIS R COMMISSIONER Page 11 of 11 — CITY OF REDMOND/DESCHUTES COUNTY Unincorporated Growth Area & Urban Reserve Area Agreement County Contract No. 2005- Exhibit C Redmond Urban Reserve Area County TSP Chanqes N w E M.P Date: July 1, 2005 S DESCHUTES COUNTY 2000 0 2000 4000 6000 Feet MAP SCALE IN FEET 1" = 4,000 Feet MAPLEGEND Future County Rural Arterial (County TSP) nty, Rural Collector (County TSP) &V1F-.U.,': C1.-1..nd Minor Arterial (Redmond TSP) Wuture Redmond Major Collector (Redmond TSP) ,V— ATTACHMENT 9 Chapter 2 - Land Use Planning) 9. The City of Redmond will coordinate the adoption of an Redmond Urban Reserve Area (RURA) with Deschutes County. The City will encourage the master planning of the urban reserve area by all property owners, including Deschutes County. Master plans may include, but are not limited to, proposed transportation network, public utilities and services, land uses and open space and recreation. 10. The City of Redmond will adopt and implement Intergovernmental Agreements with Deschutes County and other agencies to facilitate long-range transportation planning and master planning of the Redmond Urban Reserve Area. Chapter 12 — TRANSPORTATION Right of Ways . 27. Urban reserve land use regulations shall ensure that development and land divisions in exception areas and nonresource lands will not hinder the efficient transition to urban land uses and the orderly and efficient provision of urban services. 28. The City of Redmond shall encourage master planning of the Redmond Urban Reserve Area to identify the location of arterial and collector streets and future transportation corridors. 29. The City of Redmond will cooperate with Deschutes County to master plan the County owned property located east of Redmond. The master plan shall include, but is not limited to, the proposed transportation,system, public utilities and services, land uses and open space and recreation. The jurisdictions shall consider the possible routes for future transportation corridors and will coordinate with the Oregon Department of Transportation, the Bureau of Land Management and any other property owner or agency that indicates an interest in the planning process. Design of Streets 38. New arterial and collector street and road right-of-ways established in the Redmond Urban Reserve Area shall meet the dimensional standards of the City of Redmond, be protected from encroachments by structures and buildings and may be accepted for dedication by the County. NE Exclusive Farm Use Land EFUAL - EFU Affalfa EFUTRB - EFU Tumalo/Redmond/Bend ............... . . . . . . . . . . . . . . . . . . . . . . . . . Wp P�W: MY 28, 2ODS