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2018-451-Minutes for Meeting September 19,2018 Recorded 11/1/2018-CES BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes County Nancy Blankenship, County Clerk Commissioners' Journal 11/01/2018 2:11:15 PM CJ2018-451 1211,111111111111111111 FOR RECORDING STAMP ONLY BUSINESS MEETING MINUTES 9:00 AM WEDNESDAY, September 19, 2018 BARNES & SAWYER ROOMS Present were Commissioners Tammy Baney, Phil Henderson and Anthony DeBone. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Keith, Board Executive Assistant. No identified representatives of the media were in attendance. This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website http://deschutescountyor.igm2.com/Citizens/Default.aspx CALL TO ORDER: Chair DeBone called the meeting to order at 9:01 a.m. PLEDGE OF ALLEGIANCE CITIZEN INPUT: Greg Bryant approached the Board with a question wondering why Bend Parks and Recreation doesn't consider placing a park within Deschutes River Woods. He stated his response from Bend Parks and Rec was because the residents of DRW do not pay taxes to the district. Mr. Bryant asks for a park in southwest Bend and wonders if allowing residents of DRW to pay Park and Rec property taxes would benefit the request. BOCC BUSINESS MEETING SEPTEMBER 19, 2018 PAGE 1 OF 5 CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda. BAN EY: Move approval. HENDERSON: Second. VOTE: BAN EY: Yes. HENDERSON: Yes. DEBONE: Chair votes yes. Motion Carried Consent Agenda Items: 1. Consideration of Board Signature of Document No. 2018-636, a License Agreement Between Deschutes County, Licensor, and Mosaic Medical, Licensee for a Mobile Medical Clinic. 2. Consideration of Board Signature of Order No. 2018-063, Appointing County Residents to Two Pools from Which the County Clerk Will Select Members of the Board of Property Tax Appeals. 3. Consideration of Board Signature of Letter Appointing Larry LaRue to the Forest View Special Road District 4. Consideration of Board Signature of Letter Reappointing Tom Wentworth to the Vandevert Acres Special Road District 5. Approval of Minutes of the August 6, 2018 Business Meeting 6. Approval of Minutes of the August 6, 2018 Work Session 7. Approval of Minutes of the August 8, 2018 Work Session ACTION ITEMS 8. Consideration of Board Signature of Document No. 2018-324, Telecare Secure Residential Treatment Facility Nancy Tyler, Health Services and Anne Pendygraft of Telecare presented this item. Commissioner Baney commented on the health and welfare safety concern for the clients that are found sitting outside of the building on the curb near BOCC BUSINESS MEETING SEPTEMBER 19, 2018 PAGE 2 OF 5 traffic and hopes for a safer solution in the future. Ms. Pendygraft spoke on a pilot program for tobacco use focusing on cessation. BANEY: Move Approval HENDERSON: Second VOTE: BANEY: Yes. HENDERSON: Yes. DEBONE: Chair votes yes. Motion Carried 9. Consideration of Board Signature of Document No. 2018-325, Telecare Mental Health Services, Amendment 10 Nancy Tyler, Health Services and Anne Pendygraft of Telecare presented this item. BANEY: Move Approval HENDERSON: Second VOTE: BANEY: Yes. HENDERSON: Yes. DEBONE: Chair votes yes. Motion Carried 10.Consideration of Board Signature of Document No. 2018-632, PacificSource Amendment #10 Dave Inbody and Janice Garceau, Health Services presented this item. HENDERSON: Move approval BANEY: Second VOTE: HENDERSON: Yes BANEY: Yes DEBONE: Chair votes yes. Motion Carried BOCC BUSINESS MEETING SEPTEMBER 19, 2018 PAGE 3 OF 5 11.FIRST AND SECOND READING: Ordinance No. 2018-005, Flood Plain Zone Amendments Matt Martin, Community Development Department presented the Ordinance for first and second reading and adoption by emergency for amendments relative to Floor Plain Zone. BANEY: Move approval of first reading of Ordinance No. 2018-005, by title only and declaring emergency. HENDERSON: Second The date of adoption would be effective 21 days after the date of adoption VOTE: BAN EY: Yes HENDERSON: Yes DEBONE: Chair votes yes. Motion Carried Commissioner DeBone read the Ordinance into the record. BANEY: Move adoption HENDERSON: Second VOTE: BAN EY: Yes HENDERSON: Yes DEBONE: Chair votes yes. Motion Carried 12.DELIBERATIONS: Rural Commercial and Rural Industrial Text Amendment Nicole Mardell, Community Development Department presented the deliberations. Ms. Mardell presented three options of the Rural Commercial and Rural Industrial designation text amendment for consideration which the Board reviewed. Peter Gutowsky, Community Development Department recommended option 2. After discussion, the Board supports option 2 revised ordinance preamble to represent acceptance of the Planning BOCC BUSINESS MEETING SEPTEMBER 19, 2018 PAGE 4 OF 5 Commission's recommendation to the Board to consider the study of clustering rural commercial and rural industrial uses for efficiency and to reduce adverse environmental impact. Directed language revisions will be brought back to the Board on September 26. Discussion held on adoption timeframes. OTHER ITEMS: None were offered. ADJOURN Being no further items to come before the Board, the meeting was adjourned at 10:07 a.m. DATED this c.72 Day of del-d-zi2018 for the Deschutes County Board of Commissioners. G SECRETARY BOCC BUSINESS MEETING ANTHONY DEBONE, CHAIR DERSON, VICE CHAIR TAMMY BANEY, C ` MMISSIONER SEPTEMBER 19, 2018 PAGE 5 OF 5 TE G 0 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - www.deschutes.org BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 9:00 AM, WEDNESDAY, SEPTEMBER 19, 2018 Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend This meeting is open to the public. To watch it online, visit www.deschutes.org/meetings. Business Meetings are usually streamed live online and video recorded. Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or discussed. This notice does not limit the Board's ability to address other topics. Meetings are subject to cancellation without notice. CALL TO ORDER PLEDGE OF ALLEGIANCE CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Please complete a sign-up card (provided), and give the card to the Recording Secretary. Use the microphone and clearly state your name when the Board Chair calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing not being conducted as a part of this meeting will NOT be included in the official record of that hearing. If you offer or display to the Board any written documents, photographs or other printed matter as part of your testimony during a public hearing, please be advised that staff is required to retain those documents as part of the permanent record of that hearing. CONSENT AGENDA 1. Consideration of Board Signature of Document Number 2018-636, a License Agreement Between Deschutes County, Licensor, and Mosaic Medical, Licensee for a Mobile Medical Clinic. Board of Commissioners Business Meeting Agenda of 3 Wednesday, September 19, 2018 Page 1 2. Consideration of Board Signature of Order No. 2018-063, Appointing County Residents to Two Pools from Which the County Clerk Will Select Members of the Board of Property Tax Appeals. 3. Consideration of Board Signature of Letter Appointing Larry LaRue to the Forest View Special Road District 4. Consideration of Board Signature of Letter Reappointing Tom Wentworth to the Vandevert Acres Special Road District 5. Approval of Minutes of the August 6, 2018 Business Meeting 6. Approval of Minutes of the August 6, 2018 Work Session 7. Approval of Minutes of the August 8, 2018 Work Session ACTION ITEMS 8. Consideration of Board Signature of Document No. 208-324, Telecare Secure Residential Treatment Facility - Nancy Tyler, Behavioral Health Program Manager 9. Consideration of Board Signature of Document No. 2018-325, Telecare Mental Health Services, Amendment 10 - Nancy Tyler, Behavioral Health Program Manager 10. Consideration of Board Signature of Document No. 2018-632, PacificSource Amendment #10 -Janice Garceau, Interim BH Deputy Director 11. FIRST AND SECOND READING: Ordinance No. 2018-005 - Flood Plain Zone Amendments - Matthew Martin, Associate Planner 12. DELIBERATIONS: Rural Commercial and Rural Industrial Text Amendment - Nicole Mardell, Associate Planner OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2)(b), personnel issues; or other executive session categories. Board of Commissioners Business Meeting Agenda of 3 Wednesday, September 19, 2018 Page 2 Executive sessions are closed to the public; however, with few exceptions and under specific guidelines, are open to the media. ADJOURN Deschutes County encourages persons with disabilities to participate in all programs and activities. To request this information in an alternate format please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.or/meetin!calendar Meeting dates and times are subject to change. If you have question, please call (541) 388-6572. Board of Commissioners Business Meeting Agenda Wednesday, September 19, 2018 Page of 3 Deschutes County Board of Commissioners 1300 NW WaII St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Business Meeting of September 19, 2018 DATE: September 10, 2018 FROM: Nicole Mardell, Community Development, TITLE OF AGENDA ITEM: DELIBERATIONS: Rural Commercial and Rural Industrial Text Amendment BACKGROUND AND POLICY IMPLICATIONS: The Board will deliberate on Ordinance No. 2018-008, a text amendment relating to the potential designation of new properties as Rural Commercial or Rural Industrial in the Comprehensive Plan. Staff presents the Board with three options to move forward, as described in the staff memorandum. FISCAL IMPLICATIONS: None. ATTENDANCE: Nicole Mardell, Associate Planner 1ES TY II MEMORANDUM TO: Deschutes County Board of County Commissioners (Board) FROM: Nicole Mardell, Associate Planner DATE: September 10, 2018 SUBJECT: Rural Commercial and Rural Industrial Designation Text Amendment - Deliberations I. OVERVIEW The Board conducted a public hearing on August 20, 2018 to consider Ordinance 2018-008, a text amendment relating to the potential designation of new properties as Rural Commercial or Rural Industrial in the Deschutes County Comprehensive Plan. The Board is scheduled to deliberate on the proposed text amendment on September 19, 2018. Attachment 1 includes all testimony received during the public hearing and the fourteen -day open record period, which ended at 5 pm on Tuesday, September 4. The following individuals submitted testimony: • Aceti • Terrell • Central Oregon Landwatch (COLW) • Kliewer • Fancher II. RURAL COMMERCIAL AND RURAL INDUSTRIAL TEXT AMENDMENTS / 3 VERSIONS Listed below and in Table 1 are three proposed versions of the Rural Commercial and Rural Industrial designation text amendment for the Board's consideration. 1. Option 1: Original ordinance and exhibits provided to the Board for their August 20 public hearing with minor change to correct repetitive language in the staff findings for Goal 14 -Urbanization, as identified by the Commissioners. 2. Option 2: Revised ordinance preamble to represent acceptance of the Planning Commission's recommendation to the Board to consider the study of clustering rural commercial and rural industrial uses for efficiency and to reduce adverse environmental impact. 3. Option 3: Revised ordinance and exhibits with changes to the introductory paragraph text on Page 3 of Comprehensive Plan Section 3.4 Rural Economy, as presented by Pat Kliewer during the August 20 public hearing. Table 1 - Rural Industrial and Rural Commercial / Amendment Options OPTION AMENDMENT Option 1 Original Amendments included in August 20, 2018 Board Packet' with removal of last sentence under Goal 14 - Urbanization (packet page 143). Option 2 Potential Ordinance Preamble Language: WHEREAS, the Board shall consider the study of clustering new rural commercial and rural industrial uses to increase efficiency and reduce adverse environmental impact; Option 3 Current Language as Proposed by Staff: Rural Commercial and Rural Industrial In Deschutes County there are a handful small number of properties zoned Rural Commercial and Rural Industrial. These initial application of these designations recognize uses that predated state land use laws. Approval of these designations for nNew commercial or industrial sites is afe controlled by State and local regulations and additional development is anticipated to be minimal and only for specific sites properties. such as around the Bend Airport. Proposed Language per Kliewer: Rural Commercial and Rural Industrial In Deschutes County some properties are zoned Rural Commercial and Rural Industrial. The initial application for the zoning designations recognized uses that predated State land use laws. However, it is in the best interest of the County to designate new Rural Industrial and Rural Commercial land when it is appropriate and regulations are met. Zone change requests to re -designate property as Rural Commercial or Rural Industrial zoning are determined by the Board of County Commissioners and controlled by State and local regulations. 1 http://deschutescountyor.igm2.com/Citizens/FileOpen.aspx?Type=1 &ID=1911 &Inline=True Page 2 of 3 III. NEXT STEPS Staff seeks Board direction and offers the following for next steps: 1. Deliberate on the proposed amendments, choose one of the three options to move forward, and propose a first and possible second reading on October 3, 2018. 2. Other action as determined by the Board. Attachments: 1. Written Testimony Page 3 of 3 0 BOARD OF COMMISSIONERSMEETING REQUEST TO SPEAK Citizen Input or Testimony Subject: litelteoCtvC1 t% Date: FIZ4(r Name ` .z n i e t e(re (( —1; le DF 19i1( 4/ax 1 t Address (.2&c. -Jessica/. OP -111-17? "b'i5.ti'ek 012 97tio Phone #s S f` ?44- G 3 / 2 Email address XtvtitlYel(e,vt/te CIn Favor Neutral/Undecided Submitting written documents as part of testimony? _ Yes If so, please give a copy to the Recording Secretary for the record. Opposed SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS LAW OFFICE OF BILL KLOOS, PC OREGON LAND USE LAW 375 W. 4' AVENUE, SUITE 204 EUGENE, OR 97401 TEL: 541.343.8596 WEB: WWW.LANDUSEOREGON.COM August 20, 2018 Deschutes County Board of Commissioners c/o Nicole Mardell, Associate Planner Community Development Building 117 NW Lafayette Avenue Bend, OR 97703 DAN TERRELL DANTERRELL@LANDUSEOREGON.COM BILL KLOOS BILLKLOOS@LANDUSEOREGON.COM Re: 247 -18 -000404 -PA / Rural. Commercial and Rural Industrial Designation Comprehensive . Plan Text Amendments Dear Chair and Commissioners: Our firm represents Tony Aceti, who encourages the Board of County Commissioners to adopt the text amendments to the rural commercial and rural industrial provisions of the Deschutes County Comprehensive Plan (DCCP). This letter expands upon my letter dated July 23, 2018 to address issues raised during the Planning Commission proceedings. The Proposed Amendments are Consistent With State Law and Other Counties' Practices At the Planning Commission, opponents to the amendments argued that it was unlawful under state law for Deschutes County to be able to approve rural industrial uses in areas other than the three existing exception areas or specific unincorporated communities in the county. That position is incorrect counties have the right under state law to approve new rural commercial and rural industrial sites in the county so long as it is consistent with state regulations and local land use regulations, namely the comprehensive plan, and so long as the comprehensive plan gives them that authority. My basis for asserting this includes: • LUBA said the county can amend the comprehensive plan to give itself the authority granted by these amendments and must do so if it wants to approve new rural industrial uses outside of the three specified areas identified in the DCCP. Please see the highlighted passage ori page 15 of the case attached to my previous letter. • Other County Commissioners have the authority to approve new rural industrial sites in their county. Attached as Exhibit 1 are excerpts from the comprehensive plans of Crook County, Jackson County, Jefferson County and Lane County. Each allows county approval of new rural industrial designations, zoning and uses. As is typical, each county has different priorities for when and how to allow new rural industrial uses, but each is consistent with state law and each allows the county to say yes to new RI and RC uses. Deschutes County Board of Commissioners August 20, 2018 Page 2 of 3 • The county exercise of local regulations to approve new rural industrial plan designations, zoning and uses on rural land has been affirmed by LUBA for numerous counties. See, Gordon v. Polk County, 55 Or LUBA 67 (2007) (plan and zone change approval from EFU to RI for 32.5 acre parcel affirmed by LUBA); Cook v. Yamhill County, 14 Or LUBA 78 (1985) (plan and zone change approval from Agriculture/Forestry Small Holding District to Rural Industrial affirmed by LUBA); Doob v. Josephine County, 49 Or LUBA 1 1 3 (2005)(plan and zone change from residential to industrial affirmed by LUBA). The counties referenced above have provisions that allow them to approve changes to rural industrial and rural commercial when the state and local standards for such plan designation and zoning changes have been met. As I noted in my previous letter, the approval requirements for these changes are demanding, as they should be. However, land use planning in those counties has not gone haywire — development is measured and has been able to accommodate the unforeseen circumstance. The question here is whether the Deschutes County Commissioners want to have the same authority that LUBA recognized the commissioners from Polk, Yamhill and Josephine Counties have in the above-cited cases. You should have that authority. The Findings Demonstr-lte Compliance with the Statewide Planning Goals When a county adopts a comprehensive plan amendment, the local government must explain why its amendment complies with the statewide planning goals or why the goal standards need not be addressed. O'Rourke v. Union County, 29 Or LUBA 303 (1995); Doty v. Jackson County, 34 Or LUBA 287 (1998). The findings for the amendments explain why most goals are not particularly relevant now and address in detail the goals that are relevant. The opponents have argued that the proposal violates Goals 3 (Agricultural Land), 4 (Forest Lands), 11 (Public Facilities and Services) and 14 (Urbanization), however they have failed to explain how those goals are implicated by this amendment. The amendments simply give the county the authority to make future land use decisions, they do not implicate any of the cited goals. The amendments do not change the allowed uses on any property in the county and take no land out of agricultural (Goal 3) or forest (Goal 4) use. The amendments do not authorize the expansion of any public facilities and services (Goal 11). Indeed, the use limitations for rural industrial uses, provided at DCC 18.100.030.K and L limit the public facilities and services consistent with Goal 11. Last, opponent's reliance on the proposition that all rural industrial uses are urban uses and thus automatically violate Goal 14 has repeatedly been rejected by LUBA and the courts. See, e.g., Columbia Riverkeeper v. Columbia County, 70 Or LUBA 171 (2014) and Shaffer v. Jackson County, 17 Or LUBA 922, 931 (1989). Under the county's adopted and acknowledged land use regulations, any application for a plan designation change to either rural commercial or rural industrial will have to demonstrate compliance with each of the Statewide Planning Goals. That is when the cited goals, and others, will become relevant and will be addressed. Deschutes County Board of Commissioners August 20, 2018 Page 3 of 3 The DCC already implements the Planning Commission's recommendation. The Planning commission recommended that you add language to the amendments to require that applications consider of environmental and other adverse impacts, to include Goal 5 impacts. The current DCCP and DCC already require these considerations. For plan designation amendments, the DCC requires that the proposal demonstrate consistency with DCCP policies, which include environmental and Goal 5 policies. The relevant provisions of the DCC also require an examination of potential adverse impacts. For example, DCC 18.100.060 requires site plan review for all rural industrial uses. The site plan review standard DCC 18.124.060.A requires an applicant to demonstrate that the development relates "harmoniously to the natural environment" and preserve "natural features including views and topographic features." In short, Deschutes County's land use regulations already require consideration of the factors requested by the Planning Commission. The County Commissioners need do nothing more to implement that recommendation. As for the Planning Commission's recommendation to consider longer-term planning to meet the county's future employment land needs, we can only support such planning efforts — to include master planning for the Deschutes Junction area. However, such planning should not impede the adoption of these amendments, nor preclude the submission and approval of site- specific proposals for a rural commercial or rural industrial plan and zone change outside a planned -for area. As I've noted in my two letters, the standards for receiving approval for such applications are extremely stringent, but in instances where the state and local standards can be met, the county is best served by being in the position to say yes if it is in the county's best interest to do so. To reemphasize the main purpose of the proposed amendments, they are intended to grant the county the authority to approve or deny applications that meet all state and local land use regulations. That is all the amendments do. They do not obligate the county to say yes, they simply take back county authority that LUBA said the language used in the DCCP had limited. Thank you for your consideration. Best regards, Dan Terrell Attachments Exhibit 1 Excerpts from Comprehensive Plans — Crook County, Jackson County, Jefferson County and Lane Counties Exhibit 1, Page 1 dov County Comprehensive Adopted 1978 Codified January, 2003 Prepared for Mr. Bill Zeienka, Planning Director Crook County Planning Department 300 Northeast Third Street Prineville, OR 97754 Prepared by Mr. Daniel Meader Tenneson Engineering Corporatlon 409 Lindon Street The Daltes, OR 97058 Mr. Brent Lake Central Oregon Land Use Consultants P.O. Box 122 Bend, OR 97701 Exhibit 1, Page 2 5. All outdoor parking, storage, loading and service areas shall be screened from view of all arterial streets and highways, plus adjacent commercial and residential lots. 6. There will be no odor, dust, fumes, glare, flashing lights or noise which is perceptible (without instruments) more than 200 feet from any industrial lot boundary located within a commercial or residential area. Major pollutant industries shall locate at industrial sites south or east of the city. 7. Where possible, the site design shall preserve and enhance existing trees greater than 12 -inch caliper, water courses, hills and other natural features. 8. The industrial use shall not cause continued erosion of the land nor increase surface drainage from the lot. 9. Industry that exceeds any of the following standards shall locate on a designated heavy industrial site: (a) Occupies one acre of land. (b) Generates thirty (30) truck -trailer or other heavy equipment trips per day, including to and from the site. (c) Emits odor, dust, fumes, glare, flashing lights or noise that is perceptible 500 feet from the property line. The feasibility of establishment of a dry land port district for the purpose of developing an industrial park should be investigated. Formation of a dry land port district is regulated by Oregon Revised Statutes, but must be approved by the County Court with voter approval preferable. Such a district would be autonomous, separate from city and county governments, and administered by a five member commission. This district would be eligible to levy taxes and to receive low cost loans and grants the same as any municipality. INDUSTRIAL POLICIES 1. Protect existing industrial development and establish the Airport and Railroad Industrial Sites as a high priority for industrial expansion. 2. Direct future industrial growth to the following designated sites: (a) Terrace across Lamonta Road from Consolidated Pine, west of Buckaroo Acres, including Crooked River Meat Company. (b) Pine Products vicinity between the railway and Madras Highway and from McKay Creek to the railroad trestle. - 62 - Exhibit 1, Page 3 (c) Airport vicinity between Houston Lake Road and the Redmond Highway. (d) American Forest Products vicinity, primarily north and east of present mill facilities. (e) (0 Les Schwab vicinity between the Madras Highway and O'Neil Highway and from the Crooked River Bridge to and including the sewer lagoon. Ochoco Lumber vicinity north and east of present mill facilities as is practical. 3. Allow heavy and light industry on these sites, except for the Les Schwab site which shall be limited to light industrial uses only. 4. Prohibit new residential and commercial development on these sites with the exception of Les Schwab, Ochoco Lumber, Airport and American Forest Products sites which shall allow commercial development in fringe areas. 5. Facilitate industrial development on designated sites by reducing permit procedure, delaying site improvement requirements and providing public utilities in advance. 6. Encourage the concept of an industrial park complete with platted streets, railroad spur and lots, and with utility hook-ups for development on at least one designated site by local government, private enterprise or dry land port district. 7. Preserve buffer zones between industrial sites and residential and commercial neighborhoods. (See Natural/Scenic/Buffer Areas, Chapter VI). 8. Allow light industrial development outside designated industrial sites if in accordance with strict development standards and compatible with pre-existing uses. 9. Prohibit non -railroad users from locating adjacent to a railroad right-of-way. 10. Give preference to industries hiring from the local labor force over those importing large numbers of employees. 11. Give preference to diversified industry that is non-competitive with existing businesses. 12. Limit industrial development by available resources and public utilities and service capabilities. 13. Encourage clean industry having low pollution impact on air, water and land. - 63 - Exhibit 1, Page 4 Map Designations Element 4-3 Forestry/Open Space Land Forest Resource (FR), Woodland Resource (WR), and Open Space Reserve (OSR) Agricultural Land Exclusive Farm Use (EFU) Aggregate Resource Land Aggregate Removal (AR) District Rural Use RU -20, RU -30, RU -40 Rural Residential Land Urban Residential Land RR -2.5, RR -5, RR -5(A), RR -10 and RR -00 UR -1, UR -4, UR -6, UR -8, UR -10, and UR - 30 White City Urban Residential Land WCUR-4, WCUR-6, WCUR-8, WCUR-10, WCUR-30 Urbanizable Area Mutually adopted zoning districts administered by a City pursuant to an urban growth boundary management agreement. Limited Use Limited Use (LU) Commercial Land General Commercial (GC), Interchange Commercial (IC), Neighborhood Commercial (NC), Rural Service Commercial (RS), and Unincorporated Communities Rural Service Commercial (ARS, RRS, SVRS) Industrial Land General Industrial (GI), Light Industrial (LI), and Rural Limited Industrial (RLI) FORESTRY/OPEN SPACE LAND 1) Purpose To conserve forest lands for forest uses and ensure a continued yield of forest products. The Forestry/Open Space designation in this Plan restricts the type and intensity of development on forest, woodland, and open space lands to preserve the economic base of Jackson County and to reduce conflicts between rural development and forest resource management. This designation is also intended to protect and provide for compatible forest uses, fish and wildlife habitat, watershed and aquifer recharge areas, recreational opportunities, scenic attributes, and other natural resources including unique scientific, ecological, botanical, or geologic areas. 2) Map Designation Criteria: Jackson County Comprehensive Plan Exhibit 1, Page 5 Map Designations Element 4-4 A) The four principal forest land environments2 described in the Forest Lands Element of this Plan are inventoried as commercial forest lands and must be designated for Forestry and Open Space unless the land is otherwise qualified as agricultural or aggregate resource land, or an exception to Goal 4 is taken. The generalized boundary of the principal forest land environments is depicted on the Forest Land Environments map in the Forest Land Element. The specific boundary in relation to individual parcels is determined based on the text description of the Forest/Woodland transition elevations described in the Geographic Location and Conditions section of the Forest Lands Element. The valley floors, terraces, and slopes depicted on the Forest Lands Element profile illustrations are lands below the noted transition elevations, and are not part of the commercial forest base. Tracts of land located predominantly below the noted transition contour will similarly be inventoried as being outside the principal forest land environment and may be considered for Woodland or a rural designation found to be compatible with adjacent forest area. B) Woodland areas within or near the physiographic areas discussed in (A) above, but located at or below the established elevation contour lines for commercial forest land environments, on which production of timber and wood fiber is, or can become, a primary use of the land are also designated for Forestry/Open Space unless the land is otherwise qualified as agricultural or aggregate resource land. These lands are generally in private nonindustrial ownerships, with some wood product industry and less productive publicly owned lands; have parcel sizes predominantly greater than 20 acres; have been specially assessed or are interspersed among similar properties that have been specially assessed as forest or wood land; and have a cubic foot site class potential for timber production or occur adjacent to and buffer productive forest lands, C) Transition areas of intermingled agricultural and forest lands, and areas not generally suited to intensive land uses or development for a broad range of physical and natural factors, where no other appropriate rural designation exists, are designated for Forestry/Open Space unless the land is otherwise qualified as agricultural land aggregate resource land. These lands are generally poorer forest capability lands than found in the Woodland Resource zoning districts or are located on lands with no forest capability combined with poor agricultural soils such as occurs in the Agate Desert. D) Map amendment requests may demonstrate that property is not located in forest land environments described herein by providing substantive site specific evidence which clearly indicates that the subject property is not forest land or woodland as outlined in the Forest Lands Element of the Jackson County Comprehensive Plan. E) Except where another resource land designation is requested, or where justified through the Goal Exceptions process, Goal 4 is deemed to apply and the Forest/ Open Space designation will not be removed from: 'The forest resource is distributed throughout four specific forest land environments in the County: the Cascade Slope, South Siskiyou, Rogue -Umpqua Divide, and Rogue -Applegate Upland regions. Jackson County Comprehensive Plan Exhibit 1, Page 6 Map Designations Element 4-5 i) Lands within the principal forest land environments described in subsection 2A above or woodlands described in 2B above; or, ii) Lands which would qualify as agricultural lands as defined under Statewide Planning Goal 3 and ORS Chapter 215; or, iii) Lands within mountainous lands where the majority of acreage is comprised of slopes where the average grade exceeds 40% or where the majority of acreage is otherwise subject to risk from identified natural hazards (e.g., rapidly moving landslides); or, iv) Lands with no legal public road access or where the only public road access is by Bureau of Land Management or Forest Service roads; or, v) Lands including or adjacent to inventoried Goal 5 natural resource areas except where a Goal 5 review of conflicting uses justifies the proposed land use map designation; or, vi) Lands adjacent to, intermingled with, or needed for access to public or private commercial forest lands; or, vii) Lands under a federal or state timber management program; or, viii) Lands identified as being needed for watershed or aquifer recharge maintenance protection; or, ix) Lands having outstanding or unusual ecological, botanical, geological, scenic, or other natural resource characteristics; or, x) Lands outside rural fire protection districts or deemed too remote from other essential public services to support the requested change of use; or, xi) Lands where the feasibility of providing on-site septic disposal systems and domestic water supply has not been established; or, xii) Lands that are needed to provide a natural buffer between the commercial forest stands and existing nonresource or exception areas; or, xiii) Lands that include public use reservoirs or lakes as a predominant feature. F) Where it can be demonstrated with substantive findings the lands currently designated as Forestry/Open Space pursuant to sections 2A through 2C above do not merit Goal 4 protection pursuant to section 2D above, a rural lands designation may be established that is otherwise consistent with the Statewide Planning Goals and the Jackson County Comprehensive Plan. An appropriate rural zoning district may then be applied to the land consistent with the Comprehensive Plan map designation requirements and the Jackson County Land Development Ordinance. 3) Establishment of Zoning Districts: Jackson County Comprehensive Plan Exhibit 1, Page 7 Map Designations Element 4-6 A) The Forest Resource (FR) zoning district will be established for the Forest/Open Space Land described in 2(A) above. B) The Woodland Resource (WR) zoning district will be established for Forest/Open Space Land described in 2(B) above. C) The Open Space Reserve (OSR) zoning district will be established for the Forest/Open Space Land described in 2(C) above. D) Permissible development standards will be established for these districts in the Jackson County Land Development Ordinance in accordance with state law and the Jackson County Comprehensive Plan. AGRICULTURAL LAND 1) Purpose: Areas designated as Agricultural Land in Jackson County will be zoned for Exclusive Farm Use pursuant to ORS Chapter 215 and Statewide Planning Goal 3, unless otherwise designated as Forest Land pursuant to Goal 4. Jackson County intends to preserve agricultural lands for farm use, preventing uses or activities that are incompatible with farm use within or near agricultural land. 2) Map Designation Criteria: A) Agricultural Land does not include land within acknowledged urban growth boundaries or land within areas acknowledged as exceptions to Statewide Planning Goal 3. B) Agricultural Land comprises: i) Land classified by the USDA Natural Resource Conservation Service as predominantly Class I-IV soils; and, ii) Land in other soil classes that is suitable for farm use as defined in ORS 215.203 (2)(a), taking into consideration soil fertility; suitability for grazing; climatic conditions; existing and future availability of water for farm irrigation purposes; existing land use patterns; technological and energy inputs required; and accepted farm practices; and, iii) Land that is in capability classes other than classes I-IV that is adjacent to or intermingled with lands in capability classes I-IV within a farm unit inventoried as agricultural lands even though this land may not be cropped or grazed; and, iv) Land that is necessary to permit farm practices to be undertaken on adjacent or nearby lands, but which would not otherwise qualify as Agricultural Land, is nonetheless designated as Agricultural Land. Jackson County Comprehensive Plan Exhibit 1, Page 8 Map Designations Element 4-7 C) Proposals to remove areas from the Agricultural Land designation that are based on demonstrating the inapplicability of Statewide Planning Goals 3 or 4 must be supported by a land use study of the surrounding area within one mile of the subject property. The study must: i) Inventory historic and current farm uses that have occurred on the subject property and within the study area; and, li) Provide an analysis prepared by an agricultural engineer, agronomist, or similarly qualified professional that relates soil limitations, irrigation, climate, and other agricultural capability factors that prevent use of the subject property as permitted under the state's Goal 3 land use program. The soils component of the analysis must be consistent with the NRCS Soils Maps for Jackson County, or be supported by more detailed soils data based on the NRCS land capability classification system; and, iii) Identify other resource -zoned properties within the study area that are similar to the subject property with respect to agricultural capability, and analyze the potential cumulative impact on the remaining agricultural lands should the proposed nonresource designation be allowed for the subject property and the other lands in the study area that are similarly limited in agricultural capability; iv) Provide a supported conclusion that the subject area need not be identified as Agricultural Land based on the requirements of Statewide Planning Goal 3, as set forth in OAR 660, Division 033, Rule 30 (Identifying Agricultural Land); and, v) The subject area must be shown to otherwise qualify for a Plan map designation in accordance with the Jackson County Comprehensive Plan. 3) Establishment of Zoning Districts: A) The Exclusive Farm Use (EFU) zoning district will be established on the Jackson County Zoning Maps for all Plan map designated Agricultural Land, and permissible development standards will be established in the Jackson County Land Development Ordinance in accordance with state law and the Jackson County Comprehensive Plan. It may also be applied to land designated on the Comprehensive Plan for Tong -range nonresource uses as an interim zoning district (e.g., within an urban growth boundary). AGGREGATE RESOURCE LAND (Note: for text changes, adopt this section Agg Resc in its entirety and eliminate strikeouts.] 1) Purpose: The Aggregate Resource designation provides for the protection of aggregate resources. These areas, like other rural natural resources, are considered unique and warrant their own designation. The designation is intended to protect the resources from incompatible Jackson County Comprehensive Plan Exhibit 1, Page 9 Map Designations Element 4-23 INDUSTRIAL LAND 1) Purpose: The Industrial Land designation is intended to provide a supply of sites of suitable sizes, types, locations, and service levels to meet the economic objectives of the region. Industry is the systematic employment of labor to add value to production inputs. Jackson County allocates industrial land supply at different intensities by zoning district to provide the targeted mix of production input factors needed by industrial firms to produce goods and services. The County recognizes the importance of establishing and preserving industrial districts where a combination of production input factors is available to provide an economic comparative advantage to local industry. These areas must be preserved to prevent the crowding out of primary employment areas by incompatible uses. 2) Map Designation Criteria: A) The Industrial Land designation includes all industrial zoning districts previously acknowledged in unincorporated Jackson County. B) Proposals to establish new industrial areas or to expand existing industrial areas on the Jackson County Comprehensive Plan Map must be consistent with the Statewide Planning Goals, the policies embedded within the Elements of the Jackson County Comprehensive Plan, and any County adopted community plan, urbanization agreement, regional plan, or transportation/public facility plan. The location of industrial uses outside of urban growth boundaries or urban unincorporated community boundaries is specifically subject to Policy 8 of the Economy Element in the Jackson County Comprehensive Plan. C) A traffic impact analysis is required for all Plan amendments where the proposed industrial land was not previously included in a transportation system plan. Transportation facility improvements, as found to be necessary, must be assured within a five-year time horizon as a requirement for a Plan amendment unless the proposal identifies a longer term need to preserve the area for industry where a zone change is not anticipated over the short term. A long term transportation facility plan must be prepared for adoption with the proposed Plan amendment in the latter situation. Concurrent zone change requests will require a guarantee of necessary facility improvements upon completion of development. If such improvements are found to be disproportionate to the amount of anticipated development, the proposal may not be approved. D) Proposals to remove from or add to the Industrial Land designation must be supported by an economic opportunity analysis with the following information provided: i) Review of national, state, and local trends. The analysis must identify the major categories of industrial uses that could reasonably be expected to locate or expand in the planning area Jackson County Comprehensive Plan Exhibit 1, Page 10 Map Designations Element 4-24 based on available information about national, state, and local trends. ii) Site Requirements. Identify the sites that are likely to be needed by industrial uses which might expand or locate in the planning area, and the extent to which alternate areas are or will be available to satisfy the industrial siting requirements. Types of sites must be identified based on the site requirements of expected uses. Incorporated areas and commercial areas with compatible site requirements will need to be considered where similar locational input factors exist. A use or category of use could reasonably be expected to locate in the planning area if the area possesses the appropriate locational factors for the use or category of use. These factors include, but are not limited to: a) Location relative to markets; b) Availability of key transportation facilities; c) Key public facilities; d) Labor market factors; e) Materials and energy availability and cost; f) Necessary support services; g) Pollution control requirements; or h) Educational and technical training programs. iii) Inventory. The analysis will be coordinated with any industrial and commercial lands inventory adopted pursuant to OAR 660-009 by jurisdictions within the delineated market area. E) The County must consider whether or not extension of facilities is reasonably likely to be required as a result of the proposed amendment, and whether such extension of needed services is appropriate for the planning area. F) Industrial land must be serviceable, generally free of environmental constraints, accessible, supportable by the identified market area, and consistent with the applicable state and local urban or rural lands policies. Where the proposed area includes or adjoins identified Goal 5 resources, or is otherwise mapped within a Goal 5 impact area, a conflicting use analysis must be provided in accordance with the Goal 5 process to support the proposed Plan designation. G) Plan amendment proposals must be coupled with a request for an appropriate zoning district to assure that future commercial uses will not be developed to an intensity inappropriate to the area, except where the Jackson County Comprehensive Plan Exhibit 1, Page 11 Map Designations Element 4-25 Plan designation is intended to preserve land for industrial use over the long term but where the short term need for a zone change does not exist. 3) Establishment of Zoning Districts: The economic opportunity analysis in criterion (2), above, will be used as the basis for determining which of the following zoning districts is most appropriate for the planning area: A) General Industrial (GI): This district is appropriate for heavy industrial uses which may produce high levels of noise, dust, glare, heat, smoke, odors, vibrations, or other significant externalities. i) General Industrial zoning districts outside acknowledged urban areas may not be expanded in area, and new (GI) zoning districts may not be established, unless an exception to Statewide Planning Goal 14 is justified and the proposal is consistent with Policy 8 of the Economy Element. Uses within existing (GI) districts outside urban areas may continue or be redeveloped in accordance with the Land Development Ordinance development standards. ii) General Industrial zoning districts may otherwise be established where a Industrial Land Plan designation is located within an urban growth boundary or acknowledged urban unincorporated community boundary and where: a) A public road network adequate to sustain General Industrial traffic loads exists to serve the area, and where safe and convenient access to the site can be provided without creating traffic or pedestrian conflicts; b) Public sewer and water systems are physically and legally available to serve the area; c) Adequate area is available in the planning area to provide buffering from the adjoining nonindustrial uses. d) The economic opportunity analysis in criterion (2), above, justifies the need for General Industrial uses in the area. B) Light Industrial (LI): i) Light Industrial zoning districts outside acknowledged urban areas may not be expanded in area, and new (LI) zoning districts may not be established, unless an exception to Statewide Planning Goal 14 is justified and the proposal is consistent with Policy 8 of the Economy Element. Uses within existing (LI) districts outside urban areas may continue or be redeveloped in accordance with the Land Development Ordinance development standards. Jackson County Comprehensive Plan Exhibit 1, Page 12 Map Designations Element 4-26 ii) A public road network adequate to sustain Light Industrial traffic loads exists to serve the area to ensure that safe and convenient access to the site can be provided without creating traffic or pedestrian conflicts; iii) Public sewer and water systems are physically and legally available to serve the area; iv) Adequate area is available in the planning area to provide buffering from the adjoining nonindustrial uses. v) The economic opportunity analysis in criterion (2), above, justifies the need for Light Industrial uses in the area. C) Rural Limited Industrial (RLI): i) Rural Limited Industrial land is applied outside urban growth boundaries or urban unincorporated community boundaries where consistent with state law and supported by the economic opportunity analysis in criterion (2), above and Policy 8 of the Economy Element. ii) Rural Limited Industrial zoning is appropriate for uses: a) Dependent on a significant, site-specific, natural resource; or, b) Incompatible in urban areas; or, c) That provide a direct benefit to local agricultural or forest uses or other uses of naturally occurring resources. iii) The conditions of the Public Facilities and Services Element, Policy 1, category C or D, apply to RLI zoning district. iv) The planning area must be of sufficient size and form to accommodate the proposed use including required parking and landscaping. v) Rural Limited Industrial uses must be on land where the uses can be made compatible with adjacent land uses, and not adversely impact the rural nature of the surrounding region and sensitive fish and wildlife areas. vi) Access must be available to state or County roads with adequate capacity for the anticipated traffic associated with the specific use or which can be improved to accommodate industrial traffic. vii) The land must be reasonably free from excessive natural hazards. Jackson County Comprehensive Plan Exhibit 1, Page 13 Economy Element 10-6 Economic Development Committee, and sets forth the most current economic data for the county. The committee is expected to be delegated the authority and responsibility for the development, implementation, and coordination of the countywide economic development program. The committee will be drawn from as diverse a sampling of the socioeconomic makeup of the county as possible. The committee serves in an advisory capacity to the Jackson County Board of Commissioners. The introduction/background section of this element was extracted primarily from the 1979 Economic Development Report. Additional historical information can be found within the 1977 and 1978 Economic Development Reports. Industrial sites in Jackson County including the incorporated cities are included within the Jackson County Industrial Site Survey, May 1982, and is adopted by reference. FINDINGS, POLICIES AND IMPLEMENTATION STRATEGIES: 1 FINDING: The past economic development programming efforts of the county have been somewhat frustrated by the lack of overall coordination and direction of the program. The county has been participating in the U.S. Department of Commerce, Economic Development Administration since 1971. Through this program the local program has been able to facilitate the dispersion of more than $2 million in federal funds within the county. However, this is only one facet of an economic development program. The programming efforts should encompass a far broader range of activities with special emphasis upon coordination. POLICY: JACKSON COUNTY SHALL CREATE AND MAINTAIN A PROGRAM TO OVERSEE AND PARTICIPATE IN ECONOMIC DEVELOPMENT ACTIVITIES WHICH INCREASE AND DIVERSIFY EMPLOYMENT OPPORTUNITIES FOR RESIDENTS. IMPLEMENTATION STRATEGIES: A) The County shall maintain an Economic Development Committee to develop and oversee the economic development program. B) The program should include projects to increase and diversify employment opportunities for local residents within the private sector, and other projects consistent within the policies of this element. 2 FINDING: Many commercial centers throughout Jackson County have similar problems, caused by: 1) Poor traffic circulation and related high pollution emission levels; Jackson County Comprehensive Plan Exhibit 1, Page 14 Economy Element 10-7 2) Lack of aesthetic appeal; 3) Absence of historic preservation efforts; and, 4) Lack of public amenities, such as parks and rest areas for shoppers. POLICY: CONDITIONS FOR EXISTING COMMERCIAL ACTIVITIES SHOULD BE IMPROVED THROUGH EFFORTS TO REVITALIZE COMMERCIAL AREAS, ESPECIALLY CENTRAL DISTRICTS. IMPLEMENTATION STRATEGIES: A) Encourage redevelopment and restoration of city centers, including mini -parks, sidewalks, street plantings, benches, bikeways, and street lighting. B) Encourage small scale aesthetic improvements by cities and merchants. C) Encourage the establishment and strengthening of local downtown business associations. D) Encourage the expeditious construction of the Highway 238 bypass at Jacksonville to protect historic structures and maintain the city character. E) Revise and amend the existing sign regulations in the zoning ordinance and site plan review ordinance to provide the specificity of language required to cover new county commercial centers. Enforce this and existing ordinances. Recommend adoption and enforcement of similar criteria by cities. F) Improve traffic management. G) Encourage local financial institutions to establish a low interest, rehabilitation loan program to encourage a general upgrading of established commercial centers. 3 FINDING: Conditions currently exist in Jackson County which inhibit maximum production from two of our most valuable economic segments, agriculture and timber. Many locally controllable conditions relate to existing land use ordinances, the modification of which is covered in greater detail in the forest lands and agricultural lands elements and the 1977 Economic Development Program Report. POLICY: EFFORTS SHALL BE MADE TO IMPROVE CONDITIONS FOR AGRICULTURE, TIMBER AND LIVESTOCK PRODUCTION, PROCESSING AND REMANUFACTURE. IMPLEMENTATION STRATEGIES: Jackson County Comprehensive Plan Exhibit 1, Page 15 Economy Element 10-8 A) Encourage the development of stronger programs aimed at determining suitable alternative crops and horticultural techniques which should be undertaken. B) Emphasize and encourage the local secondary processing of agricultural and timber -related products where possible. C) Encourage the continuation of experiments aimed at soil improvement through techniques such as the application of treated sewerage on agricultural lands. D) Encourage local agricultural organizations to promote farmers' markets. E) Encourage forest management programs which will provide an adequate and sustained volume of forest products and which will place emphasis upon reforestation of forest lands. 4 FINDING: Jackson County's Economic Development Program Report has, since 1977, enumerated the extent and future potential of tourism, one of the most under-utilized economic sectors. The potential for expansion of tourist related activities is probably greater than for any other single element of the economic base in terms of generating capital from outside the region. The State of Oregon has recognized the fundamental over-riding need to expand and diversify the economic base of the state through provision of self-contained recreational destination resorts. The State has acknowledged the significance of destination resorts through the Oregon Land Conservation and Development Commission's amendment of Statewide Planning Goal 8 to provide a process for placement of large-scale, capital investment intensive recreational resorts, even though it is understood that most such resorts would require location on farm and forest land. As noted in the Recreation Element of the Comprehensive Plan, tourism is a principal economic mainstay of Jackson County's economy. To date, the only close equivalencies of destination related recreational opportunities in the county are dependent on state and county parks, hunting and fishing, boating and river rafting, and the passive recreational opportunities provided in urban areas, principally in Ashland and Jacksonville. Tourism and destination resort oriented recreation is essentially undeveloped. The richness and diversity of the natural environment of Southern Oregon and Jackson County, in conjunction with its attractive climate, is a significant under-utilized economic asset. It is essential to the diversification of Jackson County's economy and of statewide interest that a mechanism for the siting of destination resorts be provided through Jackson County's Comprehensive Plan and Land Development Ordinance. It is of utmost importance that a balancing of Statewide Planning Goals 2, 3, 4, 5, 8, and 9 be achieved to ensure that this untapped economic resource can be developed properly. A properly conceived destination resort can exist compatibly within resource designations through proper planning. POLICY: TOURISM SHALL BE ENCOURAGED. JACKSON COUNTY SHALL COOPERATE WITH AND ASSIST THE PRIVATE SECTOR IN THE DEVELOPMENT OF FULL-SERVICE DESTINATION RESORTS. A DESTINATION RESORT SHALL Jackson County Comprehensive Plan Exhibit 1, Page 16 Economy Element 10-9 NOT BE DISCOURAGED BY THE COUNTY IF THE PROPOSAL IS CONSISTENT WITH STATEWIDE PLANNING GOALS, THE COUNTY'S ACKNOWLEDGED PLAN AND ITS IMPLEMENTING REGULATIONS. IMPLEMENTATION STRATEGIES: A) Destination resort tourist developments shall be allowed at appropriate areas in the county pursuant to destination resort provisions in the Land Development Ordinance and Comprehensive Plan. The destination resort provisions shall be consistent with the requirements of ORS 197.435 to 197.467 and Statewide Planning Goal 8, and shall provide for a clear mechanism to allow for the siting of a destination resort within Jackson County, consistent with the County's acknowledged Comprehensive Plan and implementing ordinances, the Destination Resort Statute, Statewide Planning Goals, and Oregon Administrative Rules. B) Capital improvements programming, strong promotional programs, and the exploration of public and private funding sources should be undertaken to create convention and other facilities. C) Programs should be created to promote recreation and tourist facilities and should be coordinated with local chambers of commerce and the state office of tourism. D) Make adequate provision for overnight accommodations, camping and lodging, near urban centers and recreation areas. E) Priority items for capital improvement programming by local governments include but are not limited to: 1) Cultural convention facilities at the South Medford Interchange site ii) Completion of the Jackson County Exposition Park; iii) Expansion of the Jacksonville Museum; iv) Future expansion of the Britt Festival facilities; v) Development of the Bear Creek Greenway; vi) Improved public transportation systems; vii) The development of bike paths; and, viii) Implementation of the county road plan. Jackson County Comprehensive Plan Exhibit 1, Page 17 Economy Element 10-10 5 FINDING: Currently the financing of public improvement projects and budgeting is done on a year -by - year, generally ad hoc basis, with some exceptions. Many dissimilar projects compete for limited county funds and without the aid of a comprehensive spending plan, priorities can become unclear from year to year. A formal method for programming capital improvements and capital expenditures is being insisted upon more and more by banks as well as federal agencies participating in many grant and loan programs. Throughout this comprehensive plan, references are made to the funding of various projects and programs. Obviously, not all projects can receive full funding. The capital improvement program will provide a vehicle to determine long and short-range priorities and initiate perhaps the most important tool to ultimate implementation of the comprehensive plan. A more complete discussion of capital improvement programming is contained within the general implementation element. POLICY: JACKSON COUNTY SHALL IMPLEMENT A COMPREHENSIVE AND COORDINATED CAPITAL IMPROVEMENT PROGRAM TO GUIDE THE LONG RANGE FINANCING AND PRIORITIZATION OF PUBLIC IMPROVEMENT PROJECTS. IMPLEMENTATION STRATEGY: The policy itself is an implementation measure. From the Comprehensive Plan and other sources a capital needs list should be developed. This list should be reviewed and revised each time the plan itself is reviewed. Generally capital improvements programs cover a five-year period beyond the capital improvement budget for the first year. 6 FINDING: Many employment opportunities within certain types of businesses are left undeveloped due to the firm's small size, employment characteristics, financial constraints, and in some cases, limited demand for their products. These potential businesses, because of their limited scale, cannot justify the expenditure necessary to locate in a developed and/or designated commercial or industrial zone. A small number of these firms do not require the isolation and/or consolidation that most businesses and industries require. Many could be located, subject to certain conditions, within residential zoning districts. These nontraditional businesses will provide an alternative form of employment for the citizens of Jackson County. The development of home occupations within the residential areas of the county will result in numerous benefits, of which increased job opportunities, local control and ownership, improved utilization of local natural resources, increased value added to products which are exported, and conservation of energy are but a few. Furthermore, the make-up of the economy will be more diversified and will thus ensure greater overall economic stability without deteriorating natural amenities. Jackson County Comprehensive Plan Exhibit 1, Page 18 Economy Element 10-11 POLICY: ALLOW FOR THE DEVELOPMENT OF NON-TRADITIONAL BUSINESSES WITHIN CERTAIN ZONING DISTRICTS. IMPLEMENTATION STRATEGY: Urban and rural home occupations shall be permitted outright in their respective zoning districts. 7 FINDING: Increased commercial and industrial development can expand and improve the local economy. Competition for environmentally sound commercial and industrial development is keen. Most other areas in the state and nation, as a whole, have the same interest in attracting new development which will alleviate their economic problems. Plant relocation is an uncommon occurrence and it is not realistic to believe that Jackson County can capture a disproportionately large share of enterprise with these desirable attributes. On the other hand, the county can expect to attract its fair share, if it proceeds on a logical course of action. POLICY: ATTRACT NEW COMMERCIAL AND INDUSTRIAL ENTERPRISE APPROPRIATE TO JACKSON COUNTY. IMPLEMENTATION STRATEGIES: A) Appropriateness, as used in the above policy shall be determined through compliance with the following criteria. i) Utilization of the existing labor force; ii) Utilization of the existing and planned transportation system; iii) Nonpolluting nature; and, iv) Best utilization and conservation of energy and other local natural resources. B) Explore funding alternatives and support the promotion of economic development such as the creation of a port district. C) Encourage private efforts to attract new commercial industrial enterprises. D) Encourage the use and development of funding programs such as the State Economic Development Bonds which would diversify economy. E) Maintain and update the Jackson County Industrial Site Survey on a regular and continuing basis. Jackson County Comprehensive Plan Exhibit 1, Page 19 Economy Element 10-12 8 FINDING: Locational decisions by industrial firms are based upon consideration of numerous factors of which labor costs, distance from primary inputs, distance from final markets and shipping costs are carefully reviewed. Urban locations are sometimes inappropriate or inefficient. An urban location may be inappropriate for a use which creates obnoxious odors or would otherwise be incompatible with urban industrial development. It is recognized that few industrial uses are inappropriate for a general industrial zoning district and only a few of these will be compatible with rural development. A rural location of an industrial use may be appropriate when necessary to provide for the development or efficient utilization of a rural natural resource. Proposals to site an industry in rural areas to reduce transportation costs of production must be evaluated in terms of the costs for final product distribution and employee transportation costs. Total energy costs for transportation should be carefully considered. Certain locations within rural Jackson County may allow for some locational advantages vis-a-vis other urban locations. It is not consistent with economic development goals of the incorporated communities to allow siting decisions to be governed wholly by the degree of efficiency that a rural location may possess over an urban one. Rarely are the costs, excluding land price differentials, great enough to warrant setting aside the needs of the incorporated cities for a broader and larger industrial base. If the locational advantages of rural and urban lands for firms not requiring urban level facilities were weighed based exclusively on the needs of the firm, the rural location would be chosen if for no other reason than the lower land costs. A policy to allow rural industrial development based wholly upon the efficiency of the firm could cause substantial instability in real estate markets for industrial land, which could adversely impact existing efforts to attract new industries to the Rogue Valley. POLICY: THE LOCATION OF INDUSTRIAL USES OUTSIDE OF URBAN CONTAINMENT OR URBAN GROWTH BOUNDARIES OR AREAS COMMITTED TO INDUSTRIAL USE SHALL ONLY BE PERMITTED SUBJECT TO SATISFACTION OF THE FOLLOWING STANDARDS: A) THE SPECIFIC PROPOSED INDUSTRIAL USE REQUIRES A RURAL LOCATION FOR ONE OF THE FOLLOWING REASONS: i) THE ACTIVITY IS NOT COMPATIBLE WITH URBAN INDUSTRIAL USES. FACTS SHOWING THAT THE USE IS EITHER NOT PERMITTED WITHIN ANY INDUSTRIAL ZONE AS EITHER A CONDITIONAL USE OR A PERMITTED USE, OR THAT AN APPLICATION FOR A CONDITIONAL USE TO SITE WITHIN A GENERAL INDUSTRIAL ZONE HAS BEEN DENIED AFTER ALL APPEALS AT THE LOCAL LEVEL HAVE BEEN EXHAUSTED ARE NECESSARY TO SHOW SATISFACTION OF THIS STANDARD; OR Jackson County Comprehensive Plan Exhibit 1, Page 20 Economy Element 10-13 ii) THE ACTIVITY IS NECESSARY FOR THE DEVELOPMENT OR EFFICIENT UTILIZATION OF A RURAL NATURAL RESOURCE. FACTS SHOWING THAT THE RESOURCE IN THAT LOCATION OR IN OTHERS IS NOT CURRENTLY BEING UTILIZED BY OTHER FIRMS WITHIN URBAN INDUSTRIAL SITES ARE NECESSARY TO SHOW SATISFACTION OF THIS STANDARD. B) IF THE LOCATION IS PROPOSED TO OCCUR ON RESOURCE LANDS, ALTERNATIVE RURAL LOCATIONS WITHIN LAND COMMITTED TO NONRESOURCE USE MUST BE EVALUATED. THE AREA CONSIDERED SHOULD BE LARGE ENOUGH TO ENCOMPASS ALL SITES WITH SIMILAR CHARACTERISTICS (SUCH AS DISTANCE FROM MARKETS, LABOR AVAILABILITY, DISTANCE FROM RAW MATERIAL INPUTS, ETC). THE PROPOSED SITE MUST BE FOUND TO BE THE BEST AVAILABLE SITE KNOWN TO THE COUNTY WHICH IS SUITABLE FOR THE PROPOSED USE, TAKING INTO CONSIDERATION ALTERNATIVE SITES ON COMMITTED LANDS. C) FINDINGS MUST BE MADE ADDRESSING THE LONG TERM ENVIRONMENTAL, ECONOMIC, SOCIAL, AND ENERGY CON- SEQUENCES OF THE SPECIFIC INDUSTRIAL USE AT THE PROPOSED AND ALTERNATIVE LOCATIONS EXPLAINING WHY THE PARTICULAR ALTERNATIVE WAS CHOSEN. D) THE PROPOSED USE MUST NOT ADVERSELY IMPACT THE RURAL NATURE OF THE SURROUNDING REGION OR SENSITIVE FISH AND WILDLIFE AREAS, AND MUST BE COMPATIBLE WITH ADJACENT USES. IMPLEMENTATION STRATEGY: Establish a Rural Limited Industrial zoning district. Jackson County Comprehensive Plan Exhibit 1, Page 21 JEFFERSON COUNTY COMPREHENSIVE PLAN Adopted December 27, 2006 By Ordinance 0-01-07 and 0-03-07 Effective January 1, 2007 Amended March 28, 2007 by 0-49-07 Amended June 6, 2007 by 0-82-07 Amended December 5, 2007 by 0-200-07 Amended September 24, 2008 by 0-161-08 Amended November 12, 2008 by 0-180-08 Amended October 28, 2009 by 0-129-09 Amended January 27, 2010 by 0-010-10 Amended April 14, 2010 by 0-039-10 Amended May 22, 2013 by 0-060-13 Exhibit 1, Page 22 competitiveness, ability, and willingness to attract more basic industries. The analysis focused specifically on industries that require large lots. The result was a document called the Central Oregon Regional Economic Opportunity Analysis. LCDC adopted Oregon Administrative Rule (OAR) 660-024-0040 and 660-024-0045. That rule provides that the large lot industrial land need analysis agreed upon by all of the parties, once adopted by each of the participating governmental entities, would be sufficient to demonstrate a need for up to nine large industrial sites in Central Oregon. Six of the sites will be made available initially. Three more sites may be added under the rule as the original sites are occupied. An additional necessary component to this undertaking is an intergovernmental agreement ("IGA") between the region's jurisdictions and the Central Oregon Intergovernmental Council ("COIC"). Through the IGA, COIC will provide oversight of the short term land supply of large lot industrial sites to enable the region to become competitive in industrial recruitment. Once each of the three counties and their respective cities adopt similar ordinances and enter into an IGA with COIC, the large lot sites will enable industrial recruitment opportunities to attract potential industrial users to consider the region that may not have otherwise without the availability of these large lots. Participating local governments will review the program after all nine sites have been occupied or after ten years, whichever comes first, Policy 2: Adequate land in appropriate areas should be provided for industrial development. 2.1 When possible, industrial lands should be located adjacent to or near existing industrial uses or an urban growth boundary. 2.2 Industrial uses may be appropriate in unincorporated areas of the County when necessary to be near a resource utilized by the industry, when a location adjacent to rail lines is important for shipping needs, or when warranted because of space needs or probable impacts from the use. 2.3 The area north of the Madras City -County airport, adjacent to the existing city industrial park, may be a suitable location for additional industrial land, provided new industry in that area would not produce dust, steam or other emissions that would obscure visibility for pilots. 2.4 "Clean" or light industrial uses are preferable near city limits. 2.5 When considering whether land should be rezoned for industrial use, preference should be given to lands that are not irrigated, that have adequate sanitation and water, and that have adequate road access. 2.6 The permitting and approval process for new industrial development should be streamlined if possible. 2.7 When considering whether an industrial use should be permitted, the potential social, economic, environmental and energy impacts on the local area should be taken into account. 2.8 Central Oregon Large Lot Industrial Land Need Analysis: 1. Jefferson County supports building a strong and thriving regional economy by coordinating public investments, policies and regulations to support regional and state economic development objectives in Central Oregon, 2. Jefferson County supports a multi jurisdictional cooperative effort to pursue a regional approach to establish a short- term supply of sites particularly designed to address out -of -region industries that may locale in Central Oregon. 3, Jefferson County recognizes the importance of maintaining a large -lot industrial land supply that is readily developable in Central Oregon. Exhibit 1, Page 23 4. The Central Oregon Regional Large Lot industrial Land Need Analysis ("Analysis') has been adopted by Jefferson County. 5. Within 6 months of the adoption of the "Analysis", in coordination with the participating local governments in Central Oregon, Jefferson County shall, execute an intergovernmental agreement ("IGA ') with the Central Oregon Intergovernmental Council ("COIC') that specifies the process of allocation of large lot industrial sites among the participating local governments. 6. Jefferson County, fiditlling coordination duties, will approve and update its comprehensive plan when the City of Madras, Culver, Meiolious in cooperation wish Jefferson County legislatively or through a quasi-judicial process designates a regionally significant site. 7. Jefferson County supports Economic Development of Central Oregon ("EDCO"), a non-profit organization facilitating new job creation and capital investment to monitor and advocate for the region's efforts of rnaintaining an inventor, of appropriate sized and located industrial lots available to the market. 8, Jefferson County will collaborate with regional public and private representatives to engage the Oregon Legislature and state agencies and their commissions to address public facility, transportation and urbanization issues that hinder economic development opportunities in Central Oregon. 9. Jefferson County will strengthen long-term confidence in the economy by building innovative public to private sector partnerships. Policy 3: The development of high-speed communication and technology is encouraged within the County. There are several commercial zoning designations in the County. Currently, several parcels located inside the Madras urban growth boundary are zoned County Commercial. There is a commercial zone in Crooked River Ranch, a rural center zone in Camp Sherman, and a waterfront zone that allows some commercial uses in Three Rivers Recreation area. The intent of these three zones is to provide limited services to the local community. All of the commercial zones limit the type or size of commercial uses that are permitted. Policy 4: The County should allow commercial zoning in appropriate areas. 4.1 Commercial uses may be appropriate in unincorporated areas of the County when needed to support recreation, to allow the expansion of existing businesses, and to serve the needs of local residents. 4.2 The permitting and approval process for new commercial development should be streamlined if possible. In addition to agriculture and other resource-based employment, tourism and recreational activities are likely to be the greatest contributors to the economy from unincorporated lands. The Three Rivers Recreation Area Waterfront zone, Camp Sherman Vacation Rentals zone, Camp Sherman Rural Center zone, and Blue Lake zone were specifically designed to recognize existing tourism -related businesses and allow limited new development that is in harmony with the surrounding area and carrying capacity of the land. Tourism -related businesses have also been developed in Crooked River Ranch. The development of destination resorts could also bring new tourism dollars to the County. Pol icy 5: Provisions should be made for tourism and recreational development. 5.1 The County should consider the adoption of provisions to allow destination resorts in appropriate areas, in accordance with state statutory requirements. 5.2 A variety of types of tourist accommodations should be allowed in rural areas near recreational sites. LANE COUNTY OREGON LANE COUNTY RURAL COMPREHENSIVE PLAN GENERAL PLAN POLICIES 1984 Exhibit 1, Page 24 UPDATED: January 1998 April 2003 August 2003 December 2003 February 2004 January 2005 February 2008 June 2009 Exhibit 1, Page 25 GOAL NINE: ECONOMY OF THE STATE 1. Within the frarnework of these policies, the County shall encourage the diversification and growth of the local economy. Primary efforts will be in the following areas: a. and participation with efforts and programs established by public agencies concerns to promote and enhance economic development throughout the Cooperation and private County. Recognition of the the primary shource economy. Establishmentofland use policiesthatprovide a supportive environment for industrial and commercial activities. b, value of local resources such as timber and agricultural lands as of raw materials for the manufacturing and processing sectors of the c. 2. The County's primary responsibility in economic development shall be to ensure the necessary land area is available throughout the County and appropriate levels of service can be obtained, consistent with the needs of industry and commerce, the area and other County policy. 3. Most industrial and commercial development shall be concentrated within the urban growth boundaries of the various cities throughout the County. The County shall work closely with city governments to improve economic conditions within their areas. During County review and adoption of city plans, particular attention shall be given to the identification and protection of industrial and commercial sites, both large and small scale. 4. Commercial and service facilities in rural, unincorporated communites shall be supported commensurate with increases in rural population and where necessary to insure continued operation of industrial activity. Such facilities shall be located within rural communities unless justified by appropriate plan amendment and exception to Statwide Planning Goals. 5. Existing parcels of land within UGBs which are suitable for large-scale industrial development shall be protected through the County's review and acknowledgement of city plans. 6. The County shall work closely with incorporated city governments to improve local economic conditions, including land and service provisions. 7. New industrial development shall normally take place within adopted Urban Growth Boundaries, unless such development: a. is clearly rural oriented (e.g., canneries, logging operations, processing of resource material); b. Isnecessaryforthecontinuationofexistingindustrial operations, including plan or site expansion; c. Will belocatedin an area either built upon or committed to nonresource use where necessary services can be provided; d. The industrial activity is dependent on a unique site-specific resource; e. The use is too hazardous or is incompatible in densely populated areas; f. The industrial activity creates by-products which are used to a significant level in resource activities in the immediate area; or Whereasiglificantcomparativeadvantagecouldbe gainedin locating in a rural area.Any development approved under this g. Exhibit 1, Page 26 policy that requires a plan amendment shall be justified by an exception to applicable Statewide Planning Goals. 8. Existing industrial and commercial uses shall be designated on the plan diagram. Uses so identified shall be zoned to allow for continued operation and routine expansion commensurate with their character, provided significant conflicts with other land uses (existing and planned) do not result. 9. Tourism shall be considered as a base industry having high potential for growth throughout the County. Development of facilities oriented towards tourists shall be given maximum support within the framework of these policies. 10. As a stimulus to the tourist industry, the County shall maintain and where possible, improve public recrational facilities such as parks, boat ramps, etc. Wherever possible, private operations and contracts will be used in these endeavors. 11. Specific standards for rural economic development shall be developed, which include the use of economic inventory data such as population and employment trends. 12. Destination Resorts siting enhances tourism and is encouraged within Lane County. Destination Resorts shall be sited consistent with guidance in Goal 2: Land Use Planning. BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject: Name Address Phone #s E-mail address In Favor Submitting written documents as part of testimony? " Yes If so, please give a copy to the Recording Secretary for the record. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS LAN DWATC H August 20, 2018 Deschutes County Board of Commissioners 1300 NW Wall Street Bend, OR 97701 via hand delivery re: Rural Commercial and Rural Industrial Designation Text Amendments lore dor anew h.org Dear Chair DeBone and Commissioners, The proposed amendments to the Rural Commercial and Rural Industrial Designations are not permissible. The current code and plan describe the historical circumstances under which existing industrial or commercial land uses, that would otherwise not have been permitted under current land use planning laws, were made "exception areas" and were designated with the titles "Rural Industrial" and "Rural Commercial." The text of the plan and code describing the historical creation of these designations cannot be altered. The history of the designations occurred as it occurred. See the comprehensive plan, section 3.4: "Rural Commercial and Rural Industrial: In Deschutes County there are a handful of properties zoned Rural Commercial and Rural Industrial. These designations recognize uses that predated State land use laws...." The proposed changes attempt to rewrite history. For example, the current comprehensive plan, section 3.4 explains: "The Rural Commercial plan designation applies to specific exception areas located outside unincorporated communities and urban growth boundaries." The amendments propose changing this wording to: "The county may apply the Rural Commercial plan designation to property within specific existing exception areas or to any other specific property that satisfies the requirements for a comprehensive plan designation change as set forth by State Statute, Oregon Administrative Rules, this Comprehensive Plan and the Deschutes County Development Code and that is located outside unincorporated communities and urban growth boundaries." 2 As written, the plan is a description of how the designations were created. The uses in the designations could not have been placed where they are under current land use law. The designations are simply artifacts of past land uses that were brought into compliance through designation. Because they are only a description of the designation given to existing uses, these areas cannot be expanded. The plan and code are acknowledged because assigning a designation to exception area uses that predated the state land use planning laws is permissible under Goals 3, 4, 11, and 14. By contrast, creating a new industrial or commercial zone out of whole cloth when there is an existing supply of industrial and commercial lands within urban growth boundaries and unincorporated communities is contrary to the Statewide planning goals and related laws. Irrevocably committed or built exceptions for industrial lands only apply to land already zoned and planned for industrial development. All exceptions only apply to specific properties or situations and do not establish planning or zoning policies of general applicability. ORS 197.732(1)(b). The proposed amendments are not well grounded in fact, are not warranted by existing law, and are not warranted by any reasonable argument for an extension, modification, or reversal of existing law. Therefore the proposed plan and text amendments should not be adopted by Deschutes County. Thank you for your attention to these views. Sincerely, Carol Macbeth Staff Attorney Central Oregon LandWatch Subject: Name Address Phone #s BOARD OF COMMISSIONERSMEETING REQUEST TO SPEAK Citizen Input or Testimony 4AV/764-e., e/1 tfrK &e f e -S .,` G//Vr iti /e %77 e y Date: a2 6/7 6 fd E-mail address In Favor Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS Page 1 of 1 Tony Aceti MingleGame.com From: "Pat Kliewer" <pkliewer@hotmail.com> Date: Sunday, August 19, 2018 7:07 PM To: "Tony Aceti" <tony(aminglegame.com>; "Dan Terrell" <danterrell@ame.com> Subject: odd wording I think Hi! I read the BOCC packet for tomorrow morning. It looks very good except on one page. On page 123, top paragraph, I think it needs work to be clear. think it should say, Rural Commercial and Rural Industrial In Deschutes County some properties are zoned Rural Commercial and Rural Industrial. The initial application of the zoning designations recognized uses that predated State land use laws. However, it is in the best interest of the County to designate new Rural Industrial and Rural Commercial land when it is appropriate and regulations are met. Zone change requests to re -designate property as Rural Commercial or Rural Industrial zoning are determined by the Board of County Commissioners and controlled by State and local regulations. 8/20/2018 0 s Subject: Name Address BOARD OF COMMISSIONERSMEETING REQUEST TO SPEAK f�PDate: Ald o„R. Citizen Input or Testimony / ;')d Phone #s (/— t g E-mail address Z2 (2 `C , r ,'AtIC 6(Z.`/?' In Favor Neutral/Undecided Submitting written documents as part of testimony? 1 1 Yes L If so, please give a copy to the Recording Secretary for the record. Opposed SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS From: To: Cc: Subject: Date: Attachments: Nicole: Liz Fancher Nicole Mardell pkliewer0 hotmail.com; danterreII me.com Ordinance 2018-08, Rural Industrial/Commercial Text Amendment Sunday, August 26, 2018 1:32:44 PM IettertoBOC. PDF Would you please include the attached letter in the record of Ordinance 2018-08 and forward a copy to the Board of Commissioners? Thank you, Liz Fancfier Liz Fancher, Attorney 644 NW Broadway Street Bend, OR 97703 541-385-3067 (telephone) CONFIDENTIALITY NOTICE: The information contained in this electronic mail transmission is confidential. This information is intended for the exclusive use of the addressee(s). If you are not the intended recipient, please notify the sender immediately by return email and you are hereby notified that any use, disclosure, dissemination, distribution (other than to the addressee(s)), copying or taking of any action because of this information is strictly prohibited. LIZ FANCHE2, ATTORNEY Liz Fancher Sue Stinson, Paralegal August 26, 2018 BOARD OF COMMISSIONERS DESCHUTES COUNTY 1300 NW WALL STREET BEND, OR 97703 ATTN: NICOLE MARDELL Re: Ordinance 2018-008, Rural Commercial and Rural Industrial Designation Text Amendment I am writing, on my own behalf as a resident of Deschutes County, to support approval of Ordinance 2018-18 and to respond to claims made by Central Oregon LandWatch in their letter of August 20, 2018. COLW's claim that the amendments are not permissible is not correct. The proposed change corrects language in the 2011 Comprehensive Plan to match prior County comprehensive plan policies that granted the Board of Commissioners to approve new rural industrial and rural commercial plan and zoning designations and that were acknowledged by LCDC as complying with the Statewide Goals. The 1993 Deschutes County Comprehensive Plan contained the following policy that explicitly allowed new rural industrial zoning and plan designations: Rural Development Policy 11 Certain industrial uses, such as research and development facilities (requiring quiet and open surroundings), wrecking or salvage yards and manufacturers of hazardous materials (requiring long distances between the plan and neighbors) are more suitably located in rural areas. The County shall consider making provision for such uses as the need is found to exist (see Tumalo). The County has approved new rural commercial and expanded industrial plan designations prior to adoption of the 2011 Comprehensive Plan: 1. Expansion of Deschutes Junction Rural Industrial area from 27.96 acres to 57.07 acres. 2. Creation of Rosland Rural Commercial area 3. Creation of Pine Forest Rural Commercial area 4. Creation of Spring River Rural Commercial area 644 NW BROADWAY STREET • BEND, OREGON • 97703 PHONE: 541-385-3067 • FAX: 541-385-3076 — 2 — August 26, 2018 Approval of Ordinance 2018-008 is consistent with prior County amendments of its comprehensive plan and zoning ordinance that applied rural commercial and rural industrial zoning to properties that were not historically designated rural commercial or rural industrial. No intervening change to the Goals has been made since 2011 that prevents the County from applying rural industrial or rural commercial plan designations and zoning in appropriate locations in the County. It is logical to allow the Board to apply these designations under the proper circumstances. These uses offer needed services for rural residents and businesses affiliated with resource uses (farms, logging operations, etc.) in close proximity to their where they live and operate. The uses allowed in the County's rural industrial and rural commercial zones have been acknowledged by DLCD as rural uses — not urban uses that Goal 14 requires to be located inside urban growth boundaries. This should mean, as LUBA determined in the Aceti case, that an exception to Goal 14 is not required. Only if an urban industrial use is proposed must an exception be taken to Goal 14. If rural industrial or rural commercial properties are agricultural or forest land, approval of an exception to Goal 3 or Goal 4 is required. The need to obtain a Goal 3 or Goal 4 exception has, historically, acted to limit rural commercial and rural industrial uses to areas that can qualify for an "irrevocably committed" or "built" exception to Goals 3 or 4 because the land was previously developed with commercial, industrial or rural residential development that precludes resource use. This does not mean, however, that land that does not require an exception to Goals 3 or 4 may not be zoned for rural commercial and rural industrial use. In the case of nonresource land such as the Aceti property, a goal exception to Goals 3 or 4 is not required to allow rural industrial or rural commercial zoning because the land is not resource land. The fact the Aceti property was not previously developed with industrial uses does not prevent the County from applying rural industrial zoning to that property and other similar properties comprised of nonresource lands. Thank you for your consideration of these comments. 'Liz Fancher La„ From: Daniel Terrell To: Nicole Mardell Subject: Re: Comprehensive Plan Text Amendment - Additional Evidence Date: Monday, August 27, 2018 9:03:42 AM Correct Nicole. Thanks for confirming! Dan Dan Terrell danterrell@me.com 541.844.6372 This e-mail transmission is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure by law. If you are not the intended recipient or authorized agent, then please accept this notice that dissemination, distribution or copying of this transmission is prohibited. If you have received this transmission in error, please immediately notify the sender and permanently delete this transmission including any attachments in their entirety. On Aug 27, 2018, at 9:02 AM, Nicole Mardell <Nicole.Mardell@deschutes.org> wrote: Morning Dan, For record keeping — this pertains to 18 -404 -PA, Rural Commercial and Rural Industrial text amendment, correct? Best, Nicole Nicole Mardell 1 Associate Planner DEscHuTEs coti r Y C fJrn NIITV < < 7rL1.. e001 . n > 117 NW Lafayette Avenue i Bend, Oregon 97703 <Ima g p g PO Box 6005 I Bend, Oregon 97708 Tel (541)317-3157 1 www.deschutes.org/cd <image002.png> <image003.png> <image004.png> Disclaimer Pleose note that the information in this email is on informal statement made in accordance with DOS 22.20.005 and shall not he deemed to constitute final County action of ecting a change in the status of a per'son's property or conferring any rights, including any reliance rights, on any person. From: Daniel Terrell <danterrellPme.com> Sent: Monday, August 27, 2018 9:01 AM To: Nicole Mardell <Nicole.Mardell@deschutes.org> Subject: Comprehensive Plan Text Amendment - Additional Evidence Nicole: Please include the attached testimony and evidence for entry into the record for the comprehensive plan text amendment proceeding culTently before the County Board. I anticipate submitting final rebuttal arguments by next week's deadline. Thank you for your assistance. Best, Dan LAW OFFICE OF BILL KLOOS, PC OREGON LAND USE LAW 375 W. 4th AVENUE, SUITE 204 EUGENE, OR 97401 TEL: 541.343.8596 WEB: WWW.LANDUSEOREGON.COM August 27, 2018 Deschutes County Board of Commissioners c/o Nicole Mardell, Associate Planner Community Development Building 117 NW Lafayette Avenue Bend, OR 97703 DAN TERRELL DANTERRELL@LANDUSEOREGON.COM BILL KLOOS BILLKLOOS@LANDUSEOREGON.COM Re: 247 -18 -000404 -PA / Rural Commercial and Rural Industrial Designation Comprehensive Plan Text Amendments — Final Evidence Dear Chair and Commissioners: Our firm represents Tony Aceti and submits the following evidence for entry into the above-cited proceeding on his behalf. We anticipate submitting a final rebuttal consistent with the schedule set forth by the Board of Commissioners at the public hearing on August 20, 2018. This letter and its attachments respond primarily to Commissioner Henderson's inquiries during the hearing concerning the county's authority to implement legislation that allows the county to approve new rural commercial and rural industrial designations on rural lands, and to the urban -rural issue. In summary, the Oregon Revised Statutes, the Statewide Planning Goals and case law support the County's action to adopt Deschutes County Comprehensive Plan language that authorizes the County Commissioners to exercise their full authority under state law to promote economic activity in the County. Attachment 1 consists of the Oregon Revised Statutes (ORS) Chapter 197 provisions related to economic development. I point to key provisions in this letter. states: ORS 197.707 provides the legislative intent of the economic development provisions. It "It was the intent of the Legislative Assembly in enacting ORS chapters 195, 196, 197, 215 and 227 not to prohibit, deter, delay or increase the cost of appropriate development, but to enhance economic development and opportunity for the benefit of all citizens." ORS 197.707. The state, just like the county, wants to enhance economic development in a prudent, appropriate manner for all of its citizens, to include citizens in rural areas. The legislature did Deschutes County Board of Commissioners August 27, 2018 Page 2 of 4 not intend the land use provisions contained at ORS chapters 195, 196, 197, 215 and 227 to act as absolute barriers to economic development on either urban or rural land. ORS 197.712 represents the legislature's guidance to LCDC (the "Commission"). ORS 197.712(2) directs LCDC to either adopt new goals or rules, or to interpret, apply or amend current goals and rules to promote a range of objectives. One of those objectives is to ensure: "(g) Local governments shall provide: "(A) Reasonable opportunities to satisfy local and rural needs for residential and industrial development and other economic activities on appropriate lands outside urban growth boundaries, in a manner consistent with conservation of the state's agricultural and forest land base; and "(B) Reasonable opportunities for urban residential, commercial and industrial needs over time through changes to urban growth boundaries." ORS 197.712(g). This statute not only directs LCDC to ensure that opportunities for economic development are provided only within urban growth boundaries ("UGBs") under ORS 197.712(g)(B), but rather that counties provide reasonable opportunities for industrial and other economic activities on land outside urban growth boundaries under ORS 197.712(g)(B). The statute does not say that LCDC is to ensure that industrial activity is frozen to that which existed at the time a comprehensive plan was adopted, or to require that all new industrial or commercial development must be located within the urban growth boundaries of cities or unincorporated communities as Central Oregon Land Watch asserts. If the above point was not clear, ORS 197.713(2) expressly provides the conditions under which industrial lands outside of urban growth boundaries may be approved by a county. ORS 197.713(2) provides: "(2) Subject to subsection (3) of this section, a county or its designee may consider the following land for industrial development under this section:" The above expressly allows the placement of new rural industrial uses on rural land subject to siting conditions for land near cities of a certain size. The cited "subsection (3)" states: "(3) A county or its designee may not authorize industrial development under this section on land within the Willamette Valley as defined in ORS 215.010." The only part of the state where industrial development on rural land is absolutely prohibited is the Willamette Valley. That limitation does not apply to Deschutes County. The legislature fully understood the balancing act it was performing with this legislation — how to promote economic activity on rural lands without creating urban sprawl or excessively Deschutes County Board of Commissioners August 27, 2018 Page 3 of 4 impacting agricultural or forest activity. One response, by the legislature, was to adopt ORS 197.714. Under that statute, when a county seeks to take action on an application that would allow industrial development or its accessory uses, the county must notify any city within 10 miles of the property at least 21 days before taking action. ORS 197.714 also requires the county and city to negotiate appropriate conditions of approval if the city objects to the authorization of industrial development under ORS 197.713. LCDC has also responded to the balancing act noted above. Following the directive provided under ORS 197.712, LCDC has required counties to limit the types of permissible commercial and industrial uses allowed on rural land as well as imposing development limitations to limit the intensity of rural commercial and rural industrial uses. Such limitations are now incorporated in the land use provisions of the Deschutes County Code. The above ORS provisions are the statutory basis for these amendments to the DCCP. Central Oregon Landwatch has also argued that the amendments violate Goal 14. That assertion is incorrect. Attachment 2 to this letter is a copy of Goal 14. On the second page, under the heading Rural Industrial Development, Goal 14 provides: "Notwithstanding other provisions of this goal restricting urban uses on rural land, a county may authorize industrial development, and accessory uses subordinate to the industrial development, in building of any size and type, on certain lands outside urban growth boundaries specified in ORS 197.713 and 197.714, consistent with the requirements of those statutes and any applicable administrative rules adopted by the Commission." As discussed above, LCDC has imposed limitations on the intensity of development, structures and activity on rural lands through the periodic review process so that such limitations are provided at the local level through the local land use regulations. Again, the DCCP contains these types of limitations. Goal 14 does not represent the absolute bar for allowing new rural commercial or rural industrial uses on rural land that opponents have argued. The proposed amendments are consistent with Goal 14. Commissioner Henderson also inquired into the question of how one determines whether a use is "urban" or "rural." My unfortunately long response that there is no simple way to make that determination was summarized better and much more concisely by LUBA in Columbia Riverkeeper v. Columbia County, 70 Or LUBA 171, rev on other grounds, 267 Or App 578, 341 P3d 790 (2014). There LUBA explained: "In Shaffer v. Jackson County, 17 Or LUBA 992, 931 (1989) we rejected an argument that industrial uses are inherently urban in nature. Absent rule- making on the part of LCDC, we concluded that whether a particular industrial use of rural land is urban or rural requires a case-by-case determination, based on Deschutes County Board of Commissioners August 27, 2018 Page 4 of 4 factors identified in case law. Id. To our knowledge, LCDC has not adopted any rule-making that clarifies how to answer the highly problematic question of whether an industrial use is urban or rural in nature." The Deschutes County Board of Commissioners will have to make a case-by-case determination under the proposed amendments when considering future land use applications, as every county must when presented with uses on rural land. Thank you for your consideration. Best regards, Dan Terrell Attachments Attachment 1 ORS 197.707 through 197.724 Attachment 2 Goal 14 Attachment 1 ECONOMIC DEVELOPMENT 197.707 Legislative intent. It was the intent of the Legislative Assembly in enacting ORS chapters 195, 196, 197, 215 and 227 not to prohibit, deter, delay or increase the cost of appropriate development, but to enhance economic development and opportunity for the benefit of all citizens. [ 1983 c.827 §16] 197.710 [1973 c.482 §3; repealed by 1977 c.665 §24] 197.712 Commission duties; comprehensive plan provisions; public facility plans; state agency coordination plans; compliance deadline; rules. (1) In addition to the findings and policies set forth in ORS 197.005, 197.010 and 215.243, the Legislative Assembly finds and declares that, in carrying out statewide comprehensive land use planning, the provision of adequate opportunities for a variety of economic activities throughout the state is vital to the health, welfare and prosperity of all the people of the state. (2) By the adoption of new goals or rules, or the application, interpretation or amendment of existing goals or rules, the Land Conservation and Development Commission shall implement all of the following: (a) Comprehensive plans shall include an analysis of the community's economic patterns, potentialities, strengths and deficiencies as they relate to state and national trends. (b) Comprehensive plans shall contain policies concerning the economic development opportunities in the community. (c) Comprehensive plans and land use regulations shall provide for at least an adequate supply of sites of suitable sizes, types, locations and service levels for industrial and commercial uses consistent with plan policies. (d) Comprehensive plans and land use regulations shall provide for compatible uses on or near sites zoned for specific industrial and commercial uses. (e) A city or county shall develop and adopt a public facility plan for areas within an urban growth boundary containing a population greater than 2,500 persons. The public facility plan shall include rough cost estimates for public projects needed to provide sewer, water and transportation for the land uses contemplated in the comprehensive plan and land use regulations. Project timing and financing provisions of public facility plans shall not be considered land use decisions. (f) In accordance with ORS 197.180, state agencies that provide funding for transportation, water supply, sewage and solid waste facilities shall identify in their coordination programs how they will coordinate that funding with other state agencies and with the public facility plans of cities and counties. In addition, state agencies that issue permits affecting land use shall identify in their coordination programs how they will coordinate permit issuance with other state agencies and cities and counties. 1 (g) Local governments shall provide: (A) Reasonable opportunities to satisfy local and rural needs for residential and industrial development and other economic activities on appropriate lands outside urban growth boundaries, in a manner consistent with conservation of the state's agricultural and forest land base; and (B) Reasonable opportunities for urban residential, commercial and industrial needs over time through changes to urban growth boundaries. (3) A comprehensive plan and land use regulations shall be in compliance with this section by the first periodic review of that plan and regulations. [ 1983 c.827 §17; 1991 c.612 §17] 197.713 Industrial development on industrial lands outside urban growth boundaries; exceptions. (1) Notwithstanding statewide land use planning goals relating to urbanization or to public facilities and services, a county or its designee may authorize: (a) Industrial development, including accessory uses subordinate to the industrial development, in buildings of any size and type, subject to the permit approval process described in ORS 215.402 to 215.438 and to applicable building codes, in an area planned and zoned for industrial use on January 1, 2004, subject to the territorial limits described in subsections (2) and (3) of this section. (b) On-site sewer facilities to serve the industrial development authorized under this section, including accessory uses subordinate to the industrial development. (2) Subject to subsection (3) of this section, a county or its designee may consider the following land for industrial development under this section: (a) Land more than three miles outside the urban growth boundary of every city with a population of 20,000 individuals or more; and (b) Land outside the urban growth boundary of every city with a population of fewer than 20,000 individuals. (3) A county or its designee may not authorize industrial development under this section on land within the Willamette Valley as defined in ORS 215.010. (4) A county or its designee may not authorize under this section retail, commercial or residential development in the area zoned for industrial use. [2003 c.688 §1; 2005 c.666 §1] Note: 197.713 and 197.714 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 197 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 2 197.714 Cooperation of county and city concerning industrial development. (1) Notwithstanding the authority granted in ORS 197.713 to allow industrial development, including accessory uses subordinate to the industrial development, in areas zoned for industrial use, when a county or its designee considers action under ORS 197.713 (1) for land within 10 miles of the urban growth boundary of a city, the county or its designee shall give notice to the city at least 21 days prior to taking action. (2) If the city objects to the authorization of industrial development under ORS 197.713, the city and county shall negotiate to establish conditions on the industrial development or changes in the development necessary to mitigate concerns raised by the city's objection. [2003 c.688 §2] Note: See note under 197.713. 197.715 [1973 c.482 §2; repealed by 1977 c.665 §24] 197.717 Technical assistance by state agencies; information from Oregon Business Development Department; model ordinances; rural economic development. (1) State agencies shall provide technical assistance to local governments in: (a) Planning and zoning land adequate in amount, size, topography, transportation access and surrounding land use and public facilities for the special needs of various industrial and commercial uses; (b) Developing public facility plans; and (c) Streamlining local permit procedures. (2) The Oregon Business Development Department shall provide a local government with "state and national trend" information to assist in compliance with ORS 197.712 (2)(a). (3) The Land Conservation and Development Commission shall develop model ordinances to assist local governments in streamlining local permit procedures. (4) The Department of Land Conservation and Development and the Oregon Business Development Department shall establish a joint program to assist rural communities with economic and community development services. The assistance shall include, but not be limited to, grants, loans, model ordinances and technical assistance. The purposes of the assistance are to remove obstacles to economic and community development and to facilitate that development. The departments shall give priority to communities with high rates of unemployment. [ 1983 c.827 §18; 1995 s.s. c.3 §36h; 1996 c.6 §10] 197.719 Industrial use of abandoned or diminished mill sites; amendment of comprehensive plans and land use regulations; sewer facilities. (1) As used in this section, "abandoned or diminished mill site" means a mill, plant or other facility engaged in the processing or manufacturing of wood products, including sawmills and facilities for the production of plywood, veneer, hardboard, panel products, pulp and paper, that: 3 (a) Is located outside of urban growth boundaries; (b) Was closed after January 1, 1980, or has been operating at less than 25 percent of capacity since January 1, 2003; and (c) Contains or contained permanent buildings used in the production or manufacturing of wood products. (2) Notwithstanding statewide land use planning goals protecting agricultural lands or forestlands or administrative rules implementing those goals, the governing body of a county may amend the county's comprehensive plan and land use regulations to allow an abandoned or diminished mill site to be zoned for industrial use. (3) Notwithstanding a statewide land use planning goal relating to urbanization or administrative rules implementing that goal, the governing body of a county may amend the county's comprehensive plan and land use regulations to allow an abandoned or diminished mill site to be zoned for any level of industrial use. (4) Notwithstanding a statewide land use planning goal relating to public facilities and services or administrative rules implementing that goal, the governing body of a county or its designee may approve: (a) The extension of sewer facilities to lands that on June 10, 2003, are zoned for industrial use and that contain an abandoned or diminished mill site. The sewer facilities may serve only industrial uses authorized for the mill site and contiguous lands zoned for industrial use. (b) The extension of sewer facilities to an abandoned or diminished mill site that is rezoned for industrial use under this section only as necessary to serve industrial uses authorized for the mill site. (c) The establishment of on-site sewer facilities to serve an area that on June 10, 2003, is zoned for industrial use and that contains an abandoned or diminished mill site or to serve an abandoned or diminished mill site that is rezoned for industrial use under this section. The sewer facilities may serve only industrial uses authorized for the mill site and contiguous lands zoned for industrial use. (5)(a) A local government, as defined in ORS 174.116, may not authorize a connection to any portion of a sewer facility located between an urban growth boundary or the boundary of an unincorporated community and the boundary of the mill site or the industrial zone containing the mill site, except as provided under a statewide land use planning goal relating to public facilities and services or under ORS 197.732. (b) Sewer facilities approved under subsection (4) of this section shall be limited in size to meet the needs of authorized industrial uses and may not provide service to retail, commercial or residential development, except as provided under a statewide land use planning goal relating to public facilities and services or under ORS 197.732. The presence of the sewer facilities may not 4 be used to justify an exception to statewide land use planning goals protecting agricultural lands or forestlands or relating to urbanization. (6)(a) The governing body of a county or its designee shall determine the boundary of an abandoned or diminished mill site. For an abandoned or diminished mill site that is rezoned for industrial use under this section, land within the boundary of the mill site may include only those areas that were improved for the processing or manufacturing of wood products. (b) For an abandoned or diminished mill site subject to subsection (2), (3) or (4) of this section, the governing body of a city or county or its designee may approve a permit, as defined in ORS 215.402 or 227.160, only for industrial development and accessory uses subordinate to such development on the mill site. The governing body or its designee may not approve a permit for retail, commercial or residential development on the mill site. (7) For land that on June 10, 2003, is zoned under statewide land use planning goals protecting agricultural lands or forestlands and that is rezoned for industrial use under subsections (2) and (3) of this section, the governing body of the county or its designee may not later rezone the land for retail, commercial or other nonresource use, except as provided under the statewide land use planning goals or under ORS 197.732. [2003 c.252 §2; 2003 c.688 §3] 197.722 Definitions for ORS 197.722 to 197.728. As used in ORS 197.722 to 197.728: (1) "Industrial use" means employment activities, including, but not limited to, manufacturing, assembly, fabrication, processing, storage, logistics, warehousing, importation, distribution and transshipment and research and development, that generate income from the production, handling or distribution of goods or services, including goods or services in the traded sector, as defined in ORS 285A.010. (2) "Regionally significant industrial area" means an area planned and zoned for industrial use that: (a) Contains vacant sites, including brownfields, that are suitable for the location of new industrial uses or the expansion of existing industrial uses and that collectively can provide significant additional employment in the region; (b) Has site characteristics that give the area significant competitive advantages that are difficult or impossible to replicate in the region; (c) Has superior access to transportation and freight infrastructure, including, but not limited to, rail, port, airport, multimodal freight or transshipment facilities, and other major transportation facilities or routes; and (d) Is located in close proximity to major labor markets. [2011 c.564 §6] 5 Note: 197.722 to 197.728 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 197 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 197.723 Designation of regionally significant industrial areas; rules. (1) Within three years after June 28, 2011, in cooperation with local governments and private industry, the Economic Recovery Review Council, by rule, shall designate at least five and not more than 15 regionally significant industrial areas. The council shall base the designation of regionally significant industrial areas on the criteria in the definition of "regionally significant industrial area" and the judgment of the council concerning the relative importance of the areas in terms of potential, long-term job creation. (2) A local government may nominate a regionally significant industrial area for designation by the council. (3) An area containing multiple sites certified by the Oregon Business Development Department as ready for development within six months or less is eligible for designation by the council if the area is a regionally significant industrial area. (4) In addition to demonstrating compliance with other provisions of law, including, but not limited to, a statewide land use planning goal concerning economic development and rules implementing the goal, the future employment potential of a regionally significant industrial area shall be protected from conflicting development in the following ways: (a) A local government may not adopt a provision of a comprehensive plan or land use regulation that prevents industrial uses within the area. (b) A local government may not adopt a provision of a comprehensive plan or land use regulation that allows new nonindustrial uses within the area that conflict with existing or planned industrial uses. (c) A local government may not decrease the land area planned or zoned for industrial uses within the regionally significant industrial area. (d) A local government may adopt a provision of a comprehensive plan or land use regulation, including development standards or overlay zones, that restricts the type or extent of current or future industrial uses within the area, but only if the local government mitigates at the same time the effect of the new provision by: (A) Clearly maintaining or increasing the industrial employment potential of the area; and (B) Clearly maintaining the important site characteristics and functions that led to the designation of the site as a regionally significant industrial area. (5) Subsection (4) of this section does not apply to a provision of a comprehensive plan or land use regulation that is necessary: 6 (a) To protect public health or safety; or (b) To implement federal law. (6) If 50 percent of the developable land within a regionally significant industrial area has not been developed within 10 years after designation of the area, the council shall remove the designation, unless landowners representing a majority of the land within the area request that the designation be continued. (7) Within a regionally significant industrial area, a new industrial use or the expansion of an existing industrial use is eligible for an expedited industrial land use permit issued under ORS 197.724 if the new or expanded use does not require a change to the acknowledged comprehensive plan or land use regulations. (8) In addition to other criteria for distribution of available funds, the Oregon Infrastructure Finance Authority and the Oregon Transportation Commission may consider the designation of an area as a regionally significant industrial area in prioritizing funding for transportation and other public infrastructure. (9) ORS 197.722 to 197.728 do not apply to land in the Willamette River Greenway Plan boundary between river mile 1 and river mile 11. [2011 c.564 §7] Note: See note under 197.722. 197.724 Review of application for land use permit within regionally significant industrial area. (1) An applicant for a new industrial use or the expansion of an existing industrial use located within a regionally significant industrial area may request that an application for a land use permit be reviewed as an application for an expedited industrial land use permit under this section if the proposed use does not require: (a) An exception taken under ORS 197.732 to a statewide land use planning goal; (b) A change to the acknowledged comprehensive plan or land use regulations of the local government within whose land use jurisdiction the new or expanded industrial use would occur; or (c) A federal environmental impact statement under the National Environmental Policy Act. (2) If the applicant makes a request that complies with subsection (1) of this section, the local government shall review the applications for land use permits for the proposed industrial use by applying the standards and criteria that otherwise apply to the review and by using the procedures set forth for review of an expedited land division in ORS 197.365 and 197.370. [2011 c.564 §8] Note: See note under 197.722. Attachment 2 Oregon's Statewide Planning Goals & Guidelines GOAL 14: URBANIZATION OAR 660-015-0000(14) (Effective January 1, 2016) To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. Urban Growth Boundaries Urban growth boundaries shall be established and maintained by cities, counties and regional governments to provide land for urban development needs and to identify and separate urban and urbanizable land from rural land. Establishment and change of urban growth boundaries shall be a cooperative process among cities, counties and, where applicable, regional governments. An urban growth boundary and amendments to the boundary shall be adopted by all cities within the boundary and by the county or counties within which the boundary is located, consistent with intergovernmental agreements, except for the Metro regional urban growth boundary established pursuant to ORS chapter 268, which shall be adopted or amended by the Metropolitan Service District. Land Need Establishment and change of urban growth boundaries shall be based on the following: (1) Demonstrated need to accommodate long range urban population, consistent with a 20 -year population forecast coordinated with affected local governments, or for cities applying the simplified process under ORS chapter 197A, a 14 -year forecast; and (2) Demonstrated need for housing, employment opportunities, livability or uses such as public facilities, streets and roads, schools, parks or open space, or any combination of the need categories in this subsection (2). In determining need, local government may specify characteristics, such as parcel size, topography or proximity, necessary for land to be suitable for an identified need. Prior to expanding an urban growth boundary, local governments shall demonstrate that needs cannot reasonably be accommodated on land already inside the urban growth boundary. Boundary Location The location of the urban growth boundary and changes to the boundary shall be determined by evaluating alternative boundary locations consistent with ORS 197A.320 or, for the Metropolitan Service District, ORS 197.298, and with consideration of the following factors: (1) Efficient accommodation of identified land needs; 2) Orderly and economic provision of public facilities and services; (3) Comparative environmental, energy, economic and social consequences; and (4) Compatibility of the proposed urban uses with nearby agricultural and forest activities occurring on farm and forest land outside the UGB. Urbanizable Land Land within urban growth boundaries shall be considered available for urban development consistent with plans for the provision of urban facilities and services. Comprehensive plans and implementing measures shall manage the use and division of urbanizable land to maintain its potential for planned urban development until appropriate public facilities and services are available or planned. Unincorporated Communities In unincorporated communities outside urban growth boundaries counties may approve uses, public facilities and services more intensive than allowed on rural lands by Goal 11 and 14, either by exception to those goals, or as provided by commission rules which ensure such uses do not adversely affect agricultural and forest operations and interfere with the efficient functioning of urban growth boundaries. Single -Family Dwellings in Exception Areas Notwithstanding the other provisions of this goal, the commission may by rule provide that this goal does not prohibit the development and use of one single-family dwelling on a lot or parcel that: (a) Was lawfully created; (b) Lies outside any acknowledged urban growth boundary or unincorporated community boundary; (c) Is within an area for which an exception to Statewide Planning Goal 3 or 4 has been acknowledged; and (d) Is planned and zoned primarily for residential use. Rural Industrial Development Notwithstanding other provisions of this goal restricting urban uses on rural land, a county may authorize industrial development, and accessory uses subordinate to the industrial development, in buildings of any size and type, on certain lands outside urban growth boundaries specified in ORS 197.713 and 197.714, consistent with the requirements of those statutes and any applicable administrative rules adopted by the Commission. GUIDELINES A. PLANNING 1. Plans should designate sufficient amounts of urbanizable land to accommodate the need for further urban expansion, taking into account (1) the growth policy of the area;(2) the needs of the forecast population; (3) the carrying capacity of the planning area; and (4) open space and recreational needs. 2. The size of the parcels of urbanizable land that are converted to urban land should be of adequate dimension so as to maximize the utility of the land resource and enable the logical and efficient extension of services to such parcels. 3. Plans providing for the transition from rural to urban land use should take into consideration as to a major determinant the carrying capacity of the air, land and water resources of the planning area. The land conservation and development actions provided for by such plans should not exceed the carrying capacity of such resources. 4. Comprehensive plans and implementing measures for land inside urban growth boundaries should encourage the efficient use of land and the development of livable communities. B. IMPLEMENTATION 1. The type, location and phasing of public facilities and services are factors which should be utilized to direct urban expansion. 2. The type, design, phasing and location of major public transportation facilities (i.e., all modes: air, marine, rail, mass transit, highways, bicycle and pedestrian) and improvements thereto are factors which should be utilized to support urban expansion into urbanizable areas and restrict it from rural areas. 3. Financial incentives should be provided to assist in maintaining the use and character of lands adjacent to urbanizable areas. 4. Local land use controls and ordinances should be mutually supporting, adopted and enforced to integrate the type, timing and location of public facilities and services in a manner to accommodate increased public demands as urbanizable lands become more urbanized. 5. Additional methods and devices for guiding urban land use should include but not be limited to the following: (1) tax incentives and disincentives; (2) multiple use and joint development practices; (3) fee and less -than -fee acquisition techniques; and (4) capital improvement programming. 6. Plans should provide for a detailed management program to assign respective implementation roles and responsibilities to those governmental bodies operating in the planning area and having interests in carrying out the goal. From: To: Cc: Subject: Date: Attachments: Nicole: Daniel Terrell Nicole Mardell Tonv Aceti LuckvFarmsGame.com; Pat Kliewer; Peter Gutowsky; Bill Kloos Final Rebuttal - 247 -18 -000404 -PA / Rural Commercial and Rural Industrial Designation Comprehensive Plan Text Amendments, Ordinance 2018-008 Friday, August 31, 2018 12:41:25 PM County Board letter-20180831.docx ATT00001.htm Please enter the attached document into the record for 247 -18 -000404 -PA / Ordinance 2018- 008 on behalf of Tony Aceti. The letter represents his rebuttal argument. Thank you for your assistance on this matter. Best, Dan LAW OFFICE OF BILL KLOOS, PC OREGON LAND USE LAW 375 W. 4"' AVENUE, SUITE 204 EUGENE, OR 97401 TEL: 541.343.8596 WEB: WWW.LANDUSEOREGON.COM August 31, 2018 Deschutes County Board of Commissioners c/o Nicole Mardell, Associate Planner Community Development Building 117 NW Lafayette Avenue Bend, OR 97703 DAN TERRELL DANTERRELL@LANDUS EOREGON. COM BILL KLOOS B ILLKLOOS @LANDU S EOREGON. COM Re: 247 -18 -000404 -PA / Rural- Commercial and Rural Industrial Designation Comprehensive Plan Text Amendments, Ordinance 2018-008 Dear Chair and Commissioners: Our firm represents Tony Aceti and submits the following rebuttal argument for entry into the record for the amendments to the rural commercial and rural industrial component of the Deschutes County Comprehensive Plan ("DCCP"), proceeding number 247 -18 -000404 -PA/ Ordinance 2018-008. Mr. Aceti urges the Board of Commissioners to adopt the amendments to the DCCP as discussed below. This letter addresses the evidence and testimony given by other persons who participated in this proceeding. Where appropriate to clarify arguments presented here, this letter may quote from that testimony and evidence. However, no new evidence is being submitted. For the convenience of the County Commissioners, the argument is organized under headings identifying the person or parties who submitted the argument and evidence. Central Oregon LandWatch The letter submitted by Central Oregon LandWatch ("COLW"), dated August 20, 2018, presents a narrow and limited view of key state and local land use regulations. The letter expresses more about how COLW wishes the Oregon land use framework was structured than about the diversity and flexibility, despite its restrictions, of the state and local framework. The COLW letter begins by focusing on prior exception areas and arguing that only those existing lands are entitled to rural commercial or rural industrial designations. The letter then cites language from the DCCP to argue that any amendment would re -write history and that the plan cannot be amended. There are two problems with that argument. First, is that while the developed and committed exceptions were used for historic development (as COLW posits), the committed and reasons exception process remains open under state law for new non -resource Deschutes County Board of Commissioners August 31, 2018 Page 2 of 3 designations, to include rural commercial and rural industrial, on resource land. (Most developed lands have already received their exception status.) Second, COLW relies upon the wording of the language cited by LUBA in Central Oregon Landwatch v. Deschutes County,1 but to make a different argument. LUBA said that the quoted language simply limited the County's ability to approve new rural industrial sites, so the County did not have the authority to make the decision it did. LUBA did not say that the language could not be amended or that the DCCP must remain fixed as it presently exists, as COLW contends. Indeed, LUBA said the exact opposite. It is telling that the COLW testimony avoided addressing the LUBA language, discussed in the findings and in our previous testimony, that explained that nothing in state law prevented the County from amending the DCCP to give itself the authority to approve lawful plan designation changes to rural industrial for new properties. COLW also side-stepped the current policy language in the DCCP that expresses the County's intention to promote a diverse range of economic opportunities throughout the state, while at the same time acknowledging that the range of opportunities that can be located on rural land are limited. COLW simply ignores that language, which is discussed in the findings for Ordinance 2018-008. COLW argues that designation of new properties to rural industrial or rural commercial is contrary to the Statewide Planning Goals and related laws. COLW ignores the fact that, as we have explained previously, there are a range of approaches whereby rural land can be lawfully put to nonresource uses. COLW also ignores the fact that any site-specific application to change the plan designation on a property, to include applications for rural industrial or rural commercial designations, must demonstrate that the proposal is consistent with all of the Statewide Planning Goals and state and local land use regulations. It may sound obvious, but an application that demonstrates consistency with the goals is not inconsistent with the goals. One final point is worth making regarding COLW's claims that the proposed amendments are unlawful. If the proposed amendments were unlawful, DLCD would have asserted objections to planning staff and identified the problems the proposed amendments have under state law. While it is quite difficult to ever get DLCD to express its support of amendment language, the agency is very proactive in raising objections to amendments and land use decisions it sees as problematic. In this instance, DLCD has raised no concerns about the lawfulness of the amendments. The County Commissioners should disregard COLW's arguments. Pat Kliewer At the public hearing, Pat Kliewer submitted proposed language to replace the introductory paragraph in the amendments to the DCCP. The language proposed by Pat is: 1 Central Oregon Landwatch v. Deschutes County, _ Or LUBA _ (LUBA No. 2017-009, June 15, 2017), aff'd 288 Or App 378, 405 P3d 197 (2017). Deschutes County Board of Commissioners August 31, 2018 Page 3 of 3 "Rural Commercial and Rural Industrial In Deschutes County some properties are zoned Rural Commercial and Rural Industrial. The initial application of the zoning designations recognized uses that predated State land use laws. However, it is in the best interest of the County to designate new Rural Industrial and Rural Commercial land when it is appropriate and regulations are met. Zone change requests to re -designate property as Rural Commercial or Rural Industrial zoning are determined by the Board of County Commissioners and controlled by State and local regulations." Having compared Pat's proposed language with the proposed language in the amendments, we agree that Pat's version more directly and clearly expresses the intent of the proposed amendments as well as the basis for the properties that initially received the rural commercial and rural industrial designations. We recommend that the Board adopt the language proposed by Pat as part of the amendments adopted under Ordinance 2018-008. Liz Fancher We concur with Liz Fancher's letter. Her reference to the 1993 DCCP and her explanation of the legal framework the County operates under is spot on. It is consistent with the legal framework presented by staff and our office, and effectively rebuts the arguments made by Central Oregon LandWatch. The support of the proposed amendment by a well-qualified neutral party such as Liz should give the Board confidence that it is making a sound decision that reflects both County policies and state law when adopting these amendments. In conclusion, Mr. Aceti supports approval of Ordinance 2018-008 to include the minor language change proposed by Pat Kliewer. Thank you for your consideration. Best regards, Dan Terrell