2010-2859-Ordinance No. 2010-029 Recorded 9/10/2010REVIEWED NANCYUBLANKENSHIP, COUNTY CLERK OS ICJ 2010-2859
COMMISSIONERS' JOURNAL
LEGAL C SEL 111111111 IIIIIIIII 09/10/2010 08:08:57 AM
2010-2159
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Section 18.61.030 To Modify Screening * ORDINANCE NO. 2010-029
Requirements For Industrial Uses, Allow Taller
Utility Structures, Allow Taller Exhaust Stacks, And
Declaring An Emergency.
WHEREAS, Biogreen Sustainable Energy initiated a text amendment to Deschutes County Code
("DCC") Section 18.61.030(C), La Pine Industrial District; and
WHEREAS, after notice was give in accordance with applicable law, a joint public hearing was held on
August 26, 2010 before the Deschutes County Planning Commission and the Board of County Commissioners
("Board"), and on that same day, the Planning Commission recommended approval of the text amendments; and
WHEREAS, the Board considered this matter and concluded that the public will benefit from changes to
the land use regulations; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Title 18, Section 18.61.030(C), La Pine Industrial District is
amended to read as described in Exhibit "A", attached and incorporated by reference herein, with new language
underlined and deleted language setforth in st6kethrettgl~.
Section 2. FINDINGS. The Board adopts as its findings in support of this decision Exhibit "B",
attached and incorporated by reference herein.
PAGE 1 OF 2 - ORDINANCE NO. 2010-029
Section 3. EMERGENCY. This Ordinance being necessary for the public peace, health and safety, an
emergency is declared to exist and this Ordinance takes effect on its passage.
Dated this 0 . of , 2010 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DE /IS-RLUKE, Chair,"'
aalv~- ALAN UNGER, Vice Chair
ATTEST:
Recording Secretary TAMMY BANEY, Commissi er
Date of 1" Reading: ` v day of A t , 2010.
Date of 2°d Reading: day of 2010.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Dennis R. Luke _
Alan Unger v -
Tammy Baney v
Effective date: 01- day of , 2010.
PAGE 2 OF 2 - ORDINANCE NO. 2010-029
Denotes sections of the Deschutes County Code remaining unchanged by Ordinance
2010-029
Chapter 18.61. URBAN UNINCORPORATED COMMUNITY ZONE - LA PINE
18.61.010.
Purpose.
18.61.020.
Standards for All Districts.
18.61.030.
La Pine Planning Area.
18.61.040.
Wickiup Junction Planning Area.
18.61.050.
Neighborhood Planning Area.
*18.61.030 La Pine Planning Area.
C. La Pine Industrial District.
1. Uses Permitted Outright. The following uses and their accessory uses are permitted
outright:
a. Agricultural use as defined in DCC Title 18.
b. Excavation, grading or fill and removal activities involved in creation of a wetland in
areas not requiring a conditional use permit for fill or removal.
c. Class I and II road or street project subject to approval as part of a land partition,
subdivision or subject to the standards and criteria established by DCC 18.116.230.
d. Class III road or street project.
e. Forest operation and forest practice including, but not limited to, reforestation of forest
land, road construction and maintenance, harvesting of a forest tree species, application
of chemicals and disposal of slash.
2. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses
are permitted subject to DCC 18.61.030(C)(4)(c)(2) and other applicable provisions of
DCC 18.61 and DCC 18.116, Supplementary Provisions, and DCC 18.124, Site Plan
Review:
a. Expansion of a valid use existing on December 5, 1994.
b. Public use compatible with industrial uses.
c. Uses that require proximity to rural resources, as defined in OAR 660-04-022(3)(a).
d. Scientific research or experimental development of materials, methods or products,
including engineering and laboratory research.
e. Light manufacturing, assembly, fabricating or packaging and wholesale distribution.
f. Cold storage plant, including storage and office.
g. Kennel or veterinary clinic operated entirely within an enclosed building.
h. Processing use such as bottling plant, creamery, laboratory, blueprinting and
photocopying, laundry, carpet and rug cleaning plant, cleaning and dyeing plant and
tire retreading, recapping and rebuilding.
i. Contractor's equipment storage or sale yard, house mover, delivery vehicles, transit
storage, trucking terminal and used equipment in operable condition.
j. Manufacture of concrete products and ceramic products using only previously
comminuted raw materials.
k. All types of automobile, motorcycle, boat, trailer and truck sales, service, repair,
storage and rental.
1. Retail or combination retail/wholesale lumber and building materials yard, not
including concrete mixing.
Page 1 of 4 - EXHIBIT A to ORDINANCE 2010-024
Chapter 18.61 (2010)
in. Manufactured home sales and service.
n. Plant nursery and greenhouse.
3. Conditional Uses Permitted. The following uses may be allowed subject to the applicable
provisions of DCC 18.61 and DCC 18.124, Site Plan Review, and DCC 18.128,
Conditional Use:
a. Mini-storage facility.
b. Hydroelectric facility, subject to DCC 18.116.130 and 18.128.260.
c. Asphalt plant.
d. Lumber manufacturing and wood processing including pulp and paper manufacturing.
e. Electrical substation.
f. Concrete, asphalt and ready-mix plant.
g. Petroleum products storage and distribution.
h. Storage, crushing and processing of minerals, including the processing of aggregate
into asphaltic concrete or Portland cement concrete.
i. Commercial feedlot, stockyard, sales yard, slaughterhouse and rendering plant.
j. Railroad track, freight depot and related facilities.
k. Agricultural products storage and processing plant.
1. Transfer station.
in. Automotive wrecking yard totally enclosed by a sight-obscuring fence.
n. Any use permitted by DCC 18.61.030(C)(2) that is expected to:
1. Require lot coverage in excess of 70 percent;
2. Require more than one acre of land; or
3. Generate any odor, dust, fumes, glare, flashing lights or noise that would be
perceptible without instruments 500 feet from the property line of the subject use.
o. Service commercial use, such as office, restaurant, cafe, refreshment stand, bar and
tavern, whose primary purposes is to serve industrial uses in the surrounding area,
provided that such use is allowed as part of an Industrial Park Master Plan.
p. Wireless telecommunications facilities, except those facilities meeting the requirements
of DCC 18.116.250(A) or (B).
q. Utility facilities
4. Use Limits. The following limitations and standards shall apply to uses listed in DCC
18.61.030(C)(2) and (3):
a. Sewer and Water Requirements:
1. New uses that require DEQ Water Pollution Control Facility (WPCF) permits shall
be required to connect to the La Pine Sewer Treatment Facility in lieu of obtaining
a WPCF permit.
2. Uses that do not require a WPCF permit shall demonstrate the ability to obtain
approval for an on-site sewage disposal system either before approval of the land
use permit or as a condition of permit approval.
3. If a use requires more than 5,000 gallons of water per day, an application shall be
made to the Oregon Water Resources Department for a water rights permit or the
use must be connected to a municipal, community or public water system.
b. Compatibility:
1. A use that requires a lot area exceeding 9,000 square feet shall not be permitted to
locate adjacent to a lot in a residential district.
2. A use expected to generate more than 30 truck trailer or other heavy equipment
trips per day to and from the subject property shall not be permitted to locate on a
lot adjacent to or across a street from a lot in a residential district.
3. Any use on a lot adjacent to or across the street from a lot in a residential district
shall not emit odor, dust, fumes, glare, flashing lights, noise or similar disturbances
Page 2 of 4 - EXHIBIT A to ORDINANCE 2010-022
Chapter 18.61 (2010)
perceptible without instruments more than 200 feet in the direction of the affected
residential use or lot.
4. Storage, loading and parking areas for uses permitted by DCC 18.61.030(C)(2) and
(3) shall be screened from residential zones using trees vegetation and topography
to the maximum extent practicable to screen the area from view of nearby
residences.
5. No use requiring air contaminant discharge permits shall be approved by the
Planning Director or Hearings Body prior to review by the applicable state or
federal permit reviewing authority, nor shall such uses be permitted adjacent to or
across a street from a residential lot.
6. A property hosting a service commercial use shall be subject to a waiver of
remonstrance recorded in the Deschutes County Book of Records declaring that the
operator and his or her successors will not now or in the future file a complaint
aimed at curtailing industrial activities on adjacent properties conducted in
conformance with DCC 18.61.
7. Exhaust stacks shall be screened from residential zones using trees vegetation and
topography to the maximum extent practicable to screen the stack from view of
nearby residences.
c. Traffic/Parking.
1. A use that generates more than 20 auto or truck trips during the busiest hour of the
day to and from the premises shall be served directly by an arterial or collector.
2. An applicant must demonstrate that affected transportation facilities are adequate to
serve the proposed use, considering the functional classification, capacity and the
level of service of such facilities.
3. All parking demand created by any use permitted by DCC 18.61.030(C) shall be
accommodated on the applicant's premises entirely off-street.
4. There shall be only one ingress and one egress from properties accommodating
uses covered by DCC 18.61.030(C) per each 300 feet or fraction thereof of street
frontage. If necessary to meet this requirement, uses shall provide for shared
ingress and egress.
d. Requirements for Large Scale Uses. Any industrial use listed in DCC 18.61.030(C)(2)
and (3) may be allowed in a building or buildings exceeding 20,000 square feet of floor
space if the Planning Director or Hearings Body finds:
1. That such uses are necessary to provide employment that does not exceed the total
projected work force within the community and the surrounding rural area;
2. That such uses would not rely upon a work force served by uses within urban
growth boundaries; and
3. That the determination of the work force of the community and surrounding rural
area considers the total industrial and commercial employment in the community
and is coordinated with employment projections for nearby urban growth
boundaries.
5. Additional Requirements. As a condition of approval of any use proposed, the Planning
Director or Hearings Body may require:
a. An increase in required setbacks.
b. Additional off-street parking and loading facilities.
c. Limitations on signs or lighting, hours of operation and points of ingress and egress.
d. Additional landscaping, screening and other improvements.
6. Dimensional Standards. The following dimensional standards shall apply:
a. Minimum Lot Size. The minimum lot size shall be determined subject to the
provisions of DCC 18.61.030(C) concerning setback requirements, off-street parking
and loading.
Page 3 of 4 - EXHIBIT A to ORDINANCE 2010-024
Chapter 18.61 (2010)
b. Lot Coverage. Notwithstanding DCC 18.61.030(C)(3)(n), a use permitted by DCC
18.61.030(C) is located adjacent to or across the street from a lot in a residential district
shall not exceed 70 percent lot coverage by all buildings, storage areas or facilities and
required off-street parking and loading area.
c. Setbacks.
1. The minimum building setback between a nonrailroad related structure and a street,
road or railroad right of way line shall be 50 feet unless a greater setback is
required for compliance with Comprehensive Plan policies.
2. The minimum setback between a structure and a property line adjoining a
residential district shall be 50 feet.
3. The minimum setback between a structure and an existing use shall be three feet
from the property line and at least six feet from a structure on the adjoining
property.
d. Building Heights. The maximum building height for any structure shall be 30 feet on
any lot adjacent to a residential district and 45 feet on any lot not adjacent to a
residential district or that is separated from a residential district by a street or road. The
following exce tiu ~ons annly;
r
1. If a building on a lot adjacent to a residential district, but not separated by a street
or road, is set back 100 feet or more from the residential district, the maximum
height shall be 45 feet; and
2. The maximum height for utility facility structures shall be 100 feet provided:
i. The structure is located on a lot that is not adjacent to a residential district;
ii. The structure is the minimum height necessary to accommodate machinery
and equipment;
iii. The structure is equipped with fire sprinkler protection in accordance with
current adopted editions of the Oregon Structural S ep cialty Code Oregon
Fire Code, and National Fire Protection Association 13; and
iv. The structure is at least 500 feet from the nearest residential district
e. Utility facility exhaust stacks shall meet the DEQ air quality permit requirements, but
shall not exceed DEQ permit minimum height requirements or 400 150 feet in height,
whichever is less.
f. Minimum Lot Frontage. The minimum lot frontage shall be 50 feet.
g. Side Yard. None required, except when a parcel or lot with a side yard adjacent to
zoned forest land shall have a minimum side yard of 100 feet.
h. Rear Yard. None required, except when abutting a yard in a Residential District, and
then the rear yard shall be a minimum of 20 feet. A parcel or lot with a rear yard
adjacent to zoned forest land shall have a minimum rear yard of 100 feet.
(Ord. 2010-029 § 1, 2010; Ord. 2009-025 § 1, 2009; Ord. 2003-002 §1, 2003; Ord. 2002-033 §1,
2002; Ord. 2001-044 §3, 2001; Ord. 2000-015§ 2, 2000; Ord. 97-063 §3, 1997; Ord. 97-041 §1,
1997; Ord. 97-017 §4, 1997; Ord. 96-003 § 1, 1996)
Page 4 of 4 - EXHIBIT A to ORDINANCE 2010-029
Chapter 18.61 (2010)
FINDINGS
After notice published in The Bulletin on August 1, 2010, the Deschutes County Planning
Commission and Board of County Commissioners held a public hearing on August 26, 2010 on
TA-2010-5 to consider legislative text amendments to Chapter 18.61 of the Deschutes County
Code (DCC) Title 18 related to the development of utility facilities in the Industrial District of the
La Pine Planning Area. The Planning Commission closed the record on August 26, 2010 and
recommended that the Board of County Commissioners approve the proposed amendments.
The Board of County Commissioners considered the Planning Commission's recommendation
and staff comments and then closed the record on August 26, 2010. The Board of County
Commissioners approved the proposed text amendments with the addition of a provision that
will prohibit 100-foot tall buildings that are within 500 feet of a residential zoning district.
BACKGROUND
A. Existing Code
Utility facilities are allowed as a conditional use in the Industrial District of the La Pine Planning
Area, DCC 18.61.030(C). The Industrial District applies to land in the La Pine industrial park.
The park includes both public and privately owned industrial land. The height limitations and
screening requirements of the zone, however, effectively preclude the installation and
development of power generation facilities, including biomass power generation facilities. The
height limit in the Industrial District is 30 feet adjacent to and within 100 feet of a residential
district and 45 feet elsewhere. The height limit for exhaust stacks is 100 feet. The County code
also requires that storage, loading and parking areas for any conditional use allowed in the
Industrial zone be "screened from residential zones" without an explanation of what level of
screening.
B. Utility Facility Needs
Many utility facility buildings, including biomass power generation facilities, exceed 45 feet in
height. Exhaust stacks must extend above the power generation facility by a sufficient distance
to capture airborne particulates. Stack heights must be approved by the Oregon Department of
Environmental Quality. It is impossible to completely screen the tall buildings and exhaust
stacks used to produce power.
In a dry climate, biomass utility facilities store raw materials outdoors in tall piles to dry before
using the materials in the power generation plant. These piles can be as tall as 60 feet. Other
industrial uses currently store materials outdoors in tall piles. It is not possible to completely
screen these piles in the Industrial zone from all residential zones, in particular from residential
properties located east of Highway 97.
C. La Pine Incorporation and Comprehensive Plan Adoption
The La Pine Planning Area has been incorporated as a part of the City of La Pine and is located
inside the La Pine urban growth boundary. The City of La Pine adopted a comprehensive plan
for the La Pine urban growth boundary in March of 2010. Deschutes County amended its
comprehensive plan to state that the La Pine comprehensive plan is the controlling plan for land
use development in the City of La Pine. DCC 23.48.030(2)(4). Deschutes County's land use
regulations continue to apply to development in the City of La Pine as the community has not
Page 1 of 5 - EXHIBIT B to ORDINANCE 2010-029
yet adopted its own land use regulations. Deschutes County and La Pine have entered into a
Joint Management Agreement for the La Pine area that provides that Deschutes County will
administer the City's land use program and that recognizes that County land use laws govern
the review of City land use applications.
D. Comprehensive Plan Industrial Goals
The La Pine comprehensive plan relies on land in the Industrial district to supply a part of the
city's Goal 9 lands. The plan identifies targeted industries that the city wishes to attract to locate
in the city. One such targeted industry is energy development. This industry provides jobs that
support the plan's goal to provide more family wage jobs for La Pine residents.
E. City of La Pine and La Pine Planning Commission Recommendation
On July 21, 2010, the City Council and Planning Commission for the City of La Pine met
together in a public meeting to consider the TA-2010-5 text amendments. Both bodies voted,
unanimously, to support the text amendment with the addition of screening requirements
proposed by County staff.
At the joint County Planning Commission and County Board of Commissioners hearing on
August 26, 2010, the commissions received a unanimous recommendation from the La Pine
City Council and the La Pine Planning Commission that the text amendment be approved.
F. Notice
Deschutes County followed the notice requirements i+
PROPOSED TEXT AMENDMENTS
Approval of the text amendment will make changes that will accommodate the bulk storage
needs of many industrial users and the structure height needs of utility facility uses. The
proposed text amendments create a building height limit for utility facilities on properties that are
not adjacent to and at least 500 feet away from a residential property of 100 feet. They also
increase the maximum height for an exhaust stack to 150 feet or the height approved by DEQ,
whichever is lower.
The proposed text amendments will also impose a performance standard for screening and
require that exhaust stacks be screened. All parking, loading and storage areas and exhaust
stacks must be screened from residential zones "using trees, vegetation, and topography to the
maximum extent practicable to screen the area from view of nearby residences."
The proposed text amendments are outlined in Exhibit A of Ordinance No. 2010-029 and
underlined for new language and shown as stFikethFOUgh for deleted language.
LEGISLATIVE TEXT AMENDMENT
The text amendments will apply to most industrial properties in the La Pine Industrial District.
They involve policy choices by the community that require it to balance economic development
goals with community aesthetics. DCC 22.040.020 provides that amendments of this type are
legislative matters. DCC 22.040.020 states:
Page 2 of 5 - EXHIBIT B to ORDINANCE 2010-029
"Legislative changes generally involve broad public policy decisions that apply to
other than an individual property owner. These include, without limitation,
amendments to the text of the comprehensive plans, zoning ordinances, or the
subdivision or partition ordinance and changes in zoning maps not directed at a
small number of property owners. "
REVIEW CRITERIA
Deschutes County lacks specific criteria in DCC Titles 18 and 22, the applicable zoning and
land use procedures laws, for reviewing a legislative text amendment. The amendment,
therefore, must be consistent with any applicable provisions of the La Pine comprehensive plan.
The La Pine comprehensive plan also lacks specific criteria for the review of legislative text
amendments.
The approval of the text amendments is consistent with the goals of the La Pine comprehensive
plan. The plan identifies energy development as a target, desired industry for La Pine. The
plan states that the city will need to make sure that new zoning rules can accommodate
targeted industries.' The La Pine comprehensive plan also states that it is expected that
community leaders will continue to aggressively focus efforts on attracting large industrial
development to La Pine and to reduce barriers to all economic development.z
The approval of the text amendments is clearly consistent with the following Energy plan policy
(Chapter 11, Section IV, Goal #1, fourth policy):
"The City shall encourage the development of alternative energy sources such as
wind, geothermal and bio-mass."
The requirement to encourage the development of alternative energy sources is echoed in the
Public Facility plan policy (Chapter 7, Section IV, Goal #2, third policy) that says:
"Alternative energy sources should be explored as a complement to existing
resources and industries and as a way for the City to reach an energy
consumption neutral status."
These policies support the proposed text amendments because the amendments would
improve the potential for the development of facilities such as bio-mass power generation plants
that are capable of powering a majority of the homes in the La Pine community using local
forest resources. Currently, a majority of the biomass resources that are produced in the area
are shipped out of Deschutes County and used in the manufacture of building materials or
pelletized fuel, or used to generate power. Fossil fuels, which are not produced in Central
Oregon, are used to ship those resources out of the area. A biomass power generation plant
would be an opportunity to use local raw materials to produce electricity that would enter the
marketplace via the existing grid. The electrical power market is complex and the Pacific
Northwest benefits from an abundance of inexpensive hydropower. However, a local biomass
power generation facility would have the potential to reduce the outflow of local dollars to
purchase energy and would provide a measure of energy stability that could prove to be
invaluable.
See page 94, La Pine Comprehensive Plan, Chapter 9, Economy, Section V.
z See page 95, La Pine Comprehensive Plan, Chapter 9, Economy, Section V.
Page 3 of 5 - EXHIBIT B to ORDINANCE 2010-029
The text amendments will also allow for a broader range of heavy industrial applications to
develop on some of the parcels in the industrial district, including targeted energy development
uses. Biomass and other energy generation facilities require building heights over 45 feet.
Exhaust stack heights for energy development facilities can exceed the 100 feet currently
allowed by the Industrial District. The text changes to the maximum height rules will make it
possible for energy facilities to locate in La Pine's Industrial District. The presence of energy
facilities in the community can help the community attract larger industrial facilities to the
community, as contemplated by the comprehensive plan.
To protect the quality of life of residents in residential areas of the community, a 500-foot
minimum setback to tall buildings was imposed. In addition, no lots adjacent to residential areas
can be developed with buildings over 45 feet tall. These measures address concerns raised
about noise and visual impacts as both are significantly reduced by adding distance between
the uses. Exhaust stacks protect air quality and need to be able to be tall enough to meet DEQ
environmental quality standards. The new code language will allow stacks that are as tall as
needed to meet DEQ standards but no taller to minimize visual impacts on the community and
nearby residential areas. These measures further the city's economic lands policy to ensure a
high quality of life and the small town atmosphere that is essential to addressing citizen
concerns about growth and economic development.3
A utility facility is a conditional use that must meet strict conditional use and site plan approval
criteria. DCC 18.128.015. These rules require that utility facilities be compatible with nearby
residential or industrial development and that transportation access be adequate. This code
assures the city that the approved text amendments will not allow development that will cause a
significant adverse impact on the community and gives the community the tools needed to
address concerns about noise, air quality, water table, traffic and other, similar impacts
associated with industrial development. A utility facility that does not meet these standards will
be denied or conditioned to assure compliance with these requirements.
The text changes to the screening requirements of the Industrial zone are needed to attract
large industrial users and utility facilities to locate in the Industrial District. Prior to amendment,
the code required that all parking, storage and loading areas for conditional uses be screened
from residential zones. This code section could have been read to require complete visual
screening of these parts of an industrial site. Such a requirement cannot be met by businesses
such as secondary wood products and power generation facilities that store large amounts of
raw materials outdoors. The approved code language will continue to require screening but will
establish a performance standard tied to practicability. The approved code language will require
similar screening be provided for exhaust stacks.
The La Pine comprehensive plan states that one of its industrial lands goals is to reduce the
daily commute for local residents by the creation of additional family wage jobs within the
community.4 The broadening in the range of industrial uses will reduce the need for travel to
and from the other urban and industrial areas in Deschutes County by providing more local,
family wage job and business opportunities. For uses such as a biomass power generation
facility, the location of La Pine in a forested region will provide beneficial relationships between
raw material sources, urban infrastructure, and a willing work force. The shorter work commute
and material transportation distances will also help conserve energy resources and promote
alternative modes of travel.
3 See page 105, La Pine Comprehensive Plan.
4 See Chapter 9, Economy, Section V, pg 85, 86, and 95, Section VI, page 96, Section VII, page 102.
Page 4 of 5 - EXHIBIT B to ORDINANCE 2010-029
The La Pine comprehensive plan, in Chapter 9, Section X, Goal #2, third policy, includes a
policy that says "[p]romoting an entrepreneurial climate for existing and new business is a key
factor in strategic planning." This policy implements the city's goal of developing an economic
development strategic plan and other mechanisms to support and enhance the local economy.
The proposed amendments will promote an entrepreneurial climate and broaden the range and
scale of potential future uses in the La Pine Industrial District, provide more economic
opportunities in La Pine, and create more local jobs. Increased local job opportunities will be
created by uses such as a biomass power generation facility and other utility facilities. New jobs
will be created, for biomass facilities, within forest management agencies, in the forest with
thinning and fuels reduction efforts, in the transportation of the raw materials to the industrial
district, in construction of new facilities to process the materials, and in the operation and
maintenance of a plant.
The La Pine comprehensive plan aims to create a "safe convenient, balanced, functional and
economical transportation system to maximize and extend the life of transportation facilities and
improve livability throughout the La Pine community.5 The development of additional industrial
uses, such as a biomass power generation facility, could reduce the need for travel to and from
the other urban and industrial areas in Deschutes County by providing more convenient local work
sources. The location of more industrial businesses in La Pine's industrial park will also provide
more opportunities to promote transportation efficiency and conservation of fossil fuel energy by
reducing travel distances between home and work and the haul distances between the forest and
processing plant. The shortened work commute distances will encourage and promote the use of
alternate modes of travel. Utilizing the raw material resource locally, rather than shipping it out of
the area, will also promote more economic prosperity and livability for all County residents.
The text amendment will have no effect on the transportation system and will not have a
significant effect on transportation facilities. No new roads are proposed. No change in roadway
classifications is proposed. The text changes will not increase transportation system impacts.
Taller building heights are needed to house tall machinery rather than more employees.s The
additional height allowed, therefore, will not increase the density of development and related
vehicle trips in the Industrial zone. Likewise, the change in the height of exhaust stacks will not
increase the number of employees and vehicle trips in the Industrial zone. The required
screening requirements, also, are transportation system impact neutral.
The La Pine comprehensive plan is an acknowledged plan. As the text amendments are
consistent with that plan, they also comply with the Statewide Planning Goals. No exceptions to
the Statewide Planning Goals are needed as the amendments continue to allow the area to be
used for industrial uses consistent with its comprehensive plan and zoning designations as
industrial land.
5 Chapter 8, Transportation, Section IV, Goal #1, page 70, La Pine Comprehensive Plan.
6 This fact was noted, as it relates to the Biogreen biomass facility, by Deschutes County's transportation system
planner, Peter Russell in his August 23, 2010 (9:11 am) e-mail that is a part of the record. Mr. Russell said "[i]n this
case, however, the building is increasing in size to accommodate special machinery without adding additional
workers so the trip production stays the same."
Page 5 of 5 - EXHIBIT B to ORDINANCE 2010-029