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2019-107-Minutes for Meeting January 28,2019 Recorded 3/27/2019
BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes County Nancy Blankenship, County Clerk CJ2019-107 Commissioners' Journal 03/27/2019 8:12:01 AM 1111111111111111111111111111u WORK SESSION MINUTES 1:30 PM MONDAY, January 28, 2019 ALLEN CONFERENCE ROOM Present were Commissioners Phil Henderson, Patti Adair, and Anthony DeBone. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; and Sharon Keith, Board Executive Assistant. Several citizens and representatives of the media were in attendance. CALL TO ORDER: Chair Henderson called the meeting to order at 1:30 p.m. ACTION ITEMS 1. Emergency Management Grant Applications Emergency Management Sgt. Nathan Garibay and County 9-1-1 Operations Administrative Supervisor Kim Morse presented three opportunities for grant applications. The first grant opportunity is through the Department of Homeland Security for funding for a mobile emergency operations center and training for incident command staffing. Through this grant, 911 also has a request for funding for an off road vehicle for access for radio site for Hoodoo during the winter season. Also through this grant COCC will request funds to develop training for community emergency response teams. BOCC WORK SESSION JANUARY 28, 2019 PAGE 1 OF 8 ADAIR: Move approval of Document No. 2019-084 DEBONE: Second VOTE: ADAIR: Yes DEBONE: Yes HENDERSON: Chair votes yes. Motion Carried Sgt. Garibay explained the next grant is through the Region 7 Healthcare Coalition for a request to upgrade a satellite communications trailer for incident response. The budget of Sheriff's Office Communications will include support for those funds. DEBONE: Move approval of Document No. 2019-086 ADAIR: Second VOTE: DEBONE: Yes ADAIR: Yes HENDERSON: Chair votes yes. Motion Carried Sgt. Garibay presented the last opportunity through the Office of Emergency Management for a program through House Bill 2687 to support local communities for disaster response. The focus will be to provide emergency back-up power, fuel supplies and search and rescue equipment. The Deschutes County Fairgrounds is a designated location for disaster response. Commissioner DeBone noted if there is a needed investment for equipment to prepare the fairgrounds to please inform the Board. DEBONE: Move approval of Document No. 2019-085 ADAIR: Second VOTE: DEBONE: Yes ADAIR: Yes HENDERSON: Chair votes yes. Motion Carried BOCC WORK SESSION JANUARY 28, 2019 PAGE 2 OF 8 2. ODOT Update Road Department Director Chris Doty and County Engineer Cody Smith ODOT representatives Bob Townsend and Della Mosier presented the update. Mr. Townsend reported the update will include four projects. Ms. Dosier reported on the Infa-grant US 97 Bend North Corridor to include extension of the Parkway and improvements at Cooley Road. The grant application deadline is March 4 and if successful with funding construction could begin in 2022. Mr. Townsend spoke on grant applications for the projects. $170 million is needed for the Infa-grant project. The City of Bend is willing to contribute an additional $5 million. ODOT is willing to contribute additional funding of $500,000 to $600,000 for the Tumalo Road project. Mr. Townsend asked if the Board would be willing to contribute funds toward the project for their grant submittal. Mr. Doty feels after reviewing the capital budget the $5 million could be supported and recommends an amended capital improvement plan. ODOT is requesting a letter of support from Deschutes County. Commissioner Henderson would like the County to get credit for the improvements to the US 97 North Corridor and is supportive of contributing. Commissioner DeBone asked for input on the Robal Road and the Cascade mall access. Ms. Mosier reported on the traffic analysis and explained the City of Bend submitted letters to the business property owners asking for input. Mr. Townsend reported on the Terrebonne project. The Lower Bridge Improvement plan process began approximately 8 months ago. A consultant prepared a refinement plan for improvement of the area intersections. A proposed concept was submitted by the Citizen Advisory Group. ODOT understands there are businesses in opposition and are meeting with them over the next few weeks. Several plans were given to the Board (document attached to the record). Commissioner Henderson inquired on the next steps of the process. Mr. Townsend noted for the public process this design makes sense and they are willing to spend money on the design aspects. When ready to bring the plan forward, they will have the data on the public process to support the time of the project. County Administrator Anderson BOCC WORK SESSION JANUARY 28, 2019 PAGE 3 OF 8 reported the Planning Commission has requested a joint meeting which could include the project update. Mr. Townsend reported on the Tumalo project and the three solutions recommended by the consultant. A traffic analysis has been done. Tomorrow evening a public meeting is scheduled. Mr. Townsend reported a safety audit has been done for the intersection of US 97 and Hamby Road. Since ODOT's funding may not be available until 2023 but short term improvements can be made now through the County Road department budget. 3. Prevent Diabetes Central Oregon Grant Application Request Health Services department staff presented this item along local health agency coordinators. Tom Kuhn presented a request to apply for funding for 2020 for diabetes prevention services. DEBONE: Move approval to submit application ADAIR: Second VOTE: DEBONE: Yes ADAIR: Yes HENDERSON: Chair votes yes. Motion Carried 4. Sisters Country Horizons Update Community Development Department planner Nicole Mardell reported on responses from County departments involved in the plan. A draft resolution was reviewed by Legal and will be presented to the Board for consideration. Commissioner Henderson suggested another discussion on the vision plan at a Work Session next week. BOCC WORK SESSION JANUARY 28, 2019 PAGE 4 OF 8 County Administrator Anderson distributed a draft agenda for the point Meeting with the City of Sisters which includes the Sisters County Horizons Community Vision. The Board supported having public input. Commissioner Henderson would also like to have input on housing needs and available land. 5. Redmond UGB Amendment - Oregon Military and Deschutes County Fairgrounds Site Ms. Mardell presented the application for the site including 140 acres immediately south of the Deschutes County Fairgrounds site. The applicant, Department of State Lands has submitted an analysis explaining the request for this property. This item would also be discussed with the City of Redmond at the joint meeting in February and an ordinance will be presented for consideration and adoption by emergency. County Administrator Anderson will talk with the Redmond City Manager regarding the schedule. The reason for adoption by emergency would be to allow for the first and second reading during the same meeting. 6. Preparation for Public Hearing Plan Amendment for Redmond Large Lot Industrial Land Community Development Department planner Tanya Saltzman presented this item. The south Redmond tract of land is for 789 acres proposed by Department of State Lands to become the Redmond Urban Growth Boundary to allow for large lot industrial lands. This item will also be included on the February joint meeting agenda with the City of Redmond for consideration and adoption by emergency. BOCC WORK SESSION JANUARY 28, 2019 PAGE 5 OF 8 OTHER ITEMS: • County Administrator Anderson reported the Planning Commission is interested in having a joint work session with the Board in February. Nick Lelack stated the Planning Commission meets on February 14 and 28. • Community Development Department Director Nick Lelack reported a hearing is scheduled for the Senate Environment and Natural Resources on Thursday, January 31 regarding Rural Accessory Dwellings. COMMISSIONER UPDATES • Commissioner Adair had orientation at the Community Justice department and the Fairgrounds last week. • Commissioner Henderson attended the Redmond Economic Development meeting. He also met with Road Department Director Chris Doty regarding ODOT projects. • Commissioner DeBone reported on the digital training last week where the Board attended individual meetings showing the all resources available to the Board on the Deschutes County intranet and County website. • Commissioner DeBone requested a discussion on the recent public comment regarding a gun ordinance. Commissioner Henderson would request information from Legal Counsel showing current law preventing gun violence. Commissioner DeBone suggested having a public comment during a Business Meeting explaining the process of state legislation. RECESS: A recess was taken at 4:03 p.m. and the meeting was reconvened at 4:08 p.m. BOCC WORK SESSION JANUARY 28, 2019 PAGE 6 OF 8 EXECUTIVE SESSION: At the time of 4:08 p.m., the Board went into Executive Session under ORS 192.660 (2) (d) Labor Negotiations. The Board came out of Executive Session at 4:59 p.m. OTHER ITEMS continued: County Administrator Anderson noted the County has hired a recruitment firm, Protham, to oversee the search for candidates for the position of Fair and Expo Director. It is anticipated they will recommend 8 - 10 qualified finalists by mid- February. Mr. Anderson stated there would be several interview panels so the Board could participate. The tentative date for interviews is Tuesday March 12. Mr. Anderson noted representatives from the Fair Board and Fair Association would be invited to participate in the interviews as well. The Board expressed interest in involvement. EXECUTIVE SESSION: At the time of 5:05 p.m., the Board went into Executive Session under ORS 192.660 (2) (d) Labor Negotiations. The Board came out of Executive Session at 5:20 p.m. OTHER ITEMS continued: • Mr. Anderson reported on the grant application for funding the crisis team employee to work out of the Bend Police Department. The grant was awarded and has been signed by Bend City Manager. The Board expressed support for Mr. Anderson to sign as well. • Sunriver Service District public safety building for police and fire has offered space to the County to be a tenant in the building to help finance the BOCC WORK SESSION JANUARY 28, 2019 PAGE 7 OF 8 building. Mr. Anderson polled the County departments to see if there is a need for space in Sunriver and didn't receive any response. • Mr. Anderson explained Commissioner journals have digitized records. The Clerk's Office explains the old data and minutes are not available through our public website but only available through our County intranet. Documents may have private information that should not be made available to the pubic unless going through the Clerk's Office with a public records request. Mr. Anderson received an inquiry from a member of the public to have all historical information available by the public without going through the Clerk's Office. The Board supported continuing the practice that requests for the historical records need to be made through the Clerk's Office. ADJOURN Being no further items to come before the Board, the meeting was adjourned at 5:29 p.m. DATED this,--e2.---q.) Day of Commissioners. RECORDING SECRETARY BOCC WORK SESSION 2019 for the Deschutes County Board of PHILIP G. ENDERSON, CHAIR PATTI ADAIR, VICE CHAIR ANTHONY DEBONE, COMMISSIONER JANUARY 28, 2019 PAGE 8 OF 8 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 PM, MONDAY, JANUARY 28, 2019 Allen Conference Room - Deschutes Services Building, 2ND Floor - 1300 NW Wall Street - Bend Work Session, which are open to the public, allow the Board to gather information and give direction to staff. Public comment is not normally accepted. Written minutes are taken for the record 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 ACTION ITEMS 1. Emergency Management Grant Applications - Nathan Garibay, Emergency Manager 2. ODOT Update - Chris Doty Road Department Director 3. Prevent Diabetes Central Oregon Grant Application Request - Thomas Kuhn, Health Services 4. Sisters Country Horizons Update - Nicole Mardell, Associate Planner 5. Redmond UGB Amendment - Oregon Military and Deschutes County Fairgrounds Site - Nicole Mardell, Associate Planner 6. Preparation for Public Hearing: Plan Amendment for Redmond Large Lot Industrial Land - Tanya Saltzman, Associate Planner COMMISSIONER'S UPDATES Board of Commissioners Work Session Agenda of 2 Monday, January 28, 2019 Page 1 EXECUTIVE SESSION Executive Session under ORS 192.600 (2) (d) Labor Negotiations At any time during the meeting an executive session could be called to address issues relating to ORS 192.5660(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. Executive sessions are closed to the public; however ,with few exceptions and under specific guidelines, are open to the public. OTHER ITEMS These can be any items not included on the agenda that the Commissioners with to discuss as part of the meeting pursuant to ORS 192.640. 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.org/meetingcalendar Meeting dates and times are subject to change. If you have question, please call (541) 388-6572. Board of Commissioners Work Session Agenda of 2 Monday, January 28, 2019 Page 2 1 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of January 28, 2019 DATE: January 22, 2019 FROM: Nathan Garibay, Sheriff's Office, TITLE OF AGENDA ITEM: Emergency Management Grant Applications RECOMMENDATION & ACTION REQUESTED: Consideration of Approval of Chair Signature of: Document No. 2019-084, Dept of Homeland Security Grant Application Document No. 2019-085, Oregon Office of Emergency Management Grant Application Document No. 2019-086, Oregon Health Authority Grant Application Packet Pg. 3 To: From: Date: Subject: Deschutes County Board of Commissioners Sgt. Nathan Garibay January 28, 2019 State Homeland Security Grant Program Commissioner/County Administrator Approval: Date: 1.a The Deschutes County Sheriff's Office is requesting the Board of Commissioners' approval to submit a grant application on behalf of the County. A summary of the grant opportunity follows. Backuround and Policy Implications As the county emergency management agency, the Sheriff's Office submits one combined State Homeland Security Program application for all projects. There are four identified projects for FY 2019: 1. Mobile Emergency Operations Center/Command Post Project — $59,195 The Deschutes County Sheriff's Office is requesting funding to provide two all-weather shelters and associated insulation/HVAC accessories to support complex incidents throughout the region or to provide an alternate/mobile emergency operations center in the event facilities are compromised. 2. All -Hazards Incident Management Team Training - $36,500 The Deschutes County Sheriff's Office is requesting funding to host the 0-305 All - Hazards Type III Incident Management Team course for those personnel who have committed to the necessary training and qualification process to be part of our region Emergency Operations Center/Incident Management Team. This course builds on courses the Sheriff's Office hosted with prior Homeland Security funds. 3. Off -Highway Vehicle Project — $30,000 Deschutes County 911 is requesting funding to provide an off-highway vehicle equipped to access critical radio system infrastructure in most conditions. This vehicle would provide greater access to repeater sites when road conditions would otherwise preclude access. The vehicle would also be available to support emergency response. 4. Community Emergency Response Team Coordinator - $84,000 Central Oregon Community College is requesting funding to support the ongoing development of the CERT program in Central Oregon. Funding would support staff time and program activities to coordinate training and development of CERT Teams over the next two years. Attachment: Grant Approval Request 2019-084 (2446: Emergency Management Grant Applications) Packet Pg. 4 1.a This is a competitive grant and funds are not guaranteed. These projects are intended benefit the resilience of Deschutes County as well as the Central Oregon region. Regional projects are assessed extra points and are generally a priority for funding. Fiscal Implications Funding Agency: United States Department of Homeland Security (DHS) through the Oregon Office of Emergency Management (OEM). Due Date: Application: February 8, 2019 Amount: Approximately $209,695 (All projects) Matching Funds: No county matching funds are requested Duration: October 1, 2019 through September 30, 2020 Background: If funds are awarded, OEM will issue a formal grant document directly to the specific agency/organization. That agency will be responsible to handle the administrative requirements of the grant. Recommendation and Action Required Approval, with suggested motion: "I move to authorize the Deschutes County Sheriff's Office to submit one combined State Homeland Security Program grant application to support response and preparedness activities of the Deschutes County Sheriff's Office, Deschutes County 911, and Central Oregon Community College." Please contact Sgt. Garibay at 541-617-3303 if you have questions concerning this request. Attachment: Grant Approval Request 2019-084 (2446: Emergency Management Grant Applications) Packet Pg. 5 To: From: Date: Subject: Deschutes County Board of Commissioners Sgt. Nathan Garibay January 28, 2019 State Preparedness and Incident Response Equipment (SPIRE) Commissioner/County Administrator Approval: Date: 1.b The Deschutes County Sheriff's Office is requesting the Board of Commissioners' approval to submit a grant application on behalf of the County. A summary of the grant opportunity follows. Background and Policy Implications House Bill 2687 directed the Oregon Office of Emergency Management to great a grant to distribute emergency preparedness equipment, which may include vehicles or other property to eligible applicants. The bill established the Resiliency Grant Fund, which contains $5,000,000. Equipment will be procured and owned by the Office of Emergency Management, can reclaim the item(s) at any teim and for any duration based: Failure to meet requirements, community needs, or any other purpose, as determined by the Office of Emergency Management. It is expected jurisdictions receiving equipment will deploy it to other jurisdictions in need if requested. Deschutes County (Sheriff's Office, Road Department, and Fair & Expo Center) are coordinating with the Cities of Bend, Redmond and Sisters to address gaps in our delivery of disaster fuel supplies and emergency back-up power for critical facilities such as the Fair and Expo Center. The Sheriff's Office is also considering applying for equipment to support Search and Rescue activities. Due to the timing of coordination efforts with the stakeholders, the number and pieces of equipment will not be fully identified until immediately prior to the March 1St deadline of the grant. Any equipment obtained through this program would need inventoried and maintained by the receiving agency. This is a competitive grant and equipment is not guaranteed. These projects are intended benefit the resilience of Deschutes County as well as the Central Oregon region. Regional projects are assessed extra points and are generally a priority for funding. Fiscal Implications Funding Agency: Oregon Office of Emergency Management Attachment: Grant Approval Request 2019-085 (2446: Emergency Management Grant Applications) Packet Pg. 6 Due Date: Amount: Matching Funds: Duration: Reporting: 1.b Application: March 1, 2019 Equipment only, no funds are dispersed to local jurisdictions There is no grant match. Any equipment obtained through this program would need to be inventoried and maintained by the receiving agency. To be determined If funds are awarded, OEM will issue a formal agreement directly to the specific agency/organization. That agency will handle the administrative requirements of the grant. Recommendation and Action Required Approval, with suggested motion: "I move to authorize the Deschutes County Sheriff's Office to apply for an OEM grant via the Resiliency Grant Fund for equipment related to fuel delivery, emergency power, and other items related to search and rescue activities." Please contact Sgt. Garibay at 541-617-3303 if you have questions concerning this request. Attachment: Grant Approval Request 2019-085 (2446: Emergency Management Grant Applications) Packet Pg. 7 To: From: Date: Subject: Deschutes County Board of Commissioners Sgt. Nathan Garibay January 28, 2019 Region 7 Healthcare Coalition Preparedness Funds Commissioner/County Administrator Approval: Date: 1.c The Deschutes County Sheriff's Office is requesting the Board of Commissioners' approval to apply for and receive funds on behalf of the County. A summary of the opportunity follows. Background and Policy Implications Oregon Health Authority manages preparedness funds, which are made available to healthcare programs and emergency management to increase the preparedness of communities. These funds are disseminated based on needs identified by a committee made up of local healthcare and emergency management professionals. This committee allocated approximately $7,000 to be available for the Deschutes County Sheriff's Office to upgrade a satellite communications trailer. This trailer would be available to support emergency operations in the event that normal communications are lost or in the event communications need to occur where there is otherwise no connectivity. The trailer connects via satellite and provides wireless broadband in the form of email capability, basic web browsing, and Voice Over Internet Protocol (VOIP) telephones. Although there is no match, the Sheriff's Office will be responsible for service plan. The plan has the ability to be upgraded in emergency situations to provide more bandwidth. If Deschutes County cannot accept these funds, they will be made available to other projects. Fiscal Implications Funding Agency: United States Health and Human Services; Assistant Secretary for Preparedness and Response through the Oregon Health Authority; Healthcare Preparedness Program Due Date: Application: Undetermined Amount: Approximately $7,000 Matching Funds: No county matching funds are requested Duration: Now through June 30, 2029 Attachment: Grant Approval Request 2019-086 (2446: Emergency Management Grant Applications) Packet Pg. 8 1.c Background: If funds are awarded, OHA will issue a formal grant document directly to the Deschutes County Sheriff's Office, which will handle the administrative requirements of the grant. Recommendation and Action Required Approval, with suggested motion: "I move to authorize the Deschutes County Sheriff's Office to apply for funds available through the Oregon Health Authority to update satellite communications equipment." Please contact Sgt. Garibay at 541-617-3303 if you have questions concerning this request. Attachment: Grant Approval Request 2019-086 (2446 : Emergency Management Grant Applications) Packet Pg. 9 Deschutes County Board of Commissioners ODOT REGION 4 — WORK SESSION TOPICS Monday, January 28th, 2018 1. INFRA Grant Update 2. US 97 @ Terrebonne 3. US 20 @ Tumalo 4. US 20 @ Ward/Ham Della Mosier/Bob Townsend Bob Townsend Bob Townsend Bob Townsend US 97 BEND NORTH CORRIDOR INFRA GRANT- LARGE, RURAL PROJECT PRO PART S OREGON DEPARTMENT OF TRANSPORTATION I DESCHUTES COUNTY I CITY OF BEND COST $167 million $68.5 million $98.5 million 5153.6 million • Improves freight mobility • Eliminates an at -grade rail crossing • Improves economic vitality and allows land in the Bend UGB to be developed for new jobs • Improves safety for all modes of travel- transit, bike, pedestrian, vehicle, train • Reduces congestion and improves travel time reliability Total project cost INFRA Grant request (41% total project cost) State, Local & Private Funding (59% total project cost) Total State and Federal Investment in the US 97 Bend Parkway Expansion Areas Opportunity Areas I _ I Urban Growth Boundary Expansion Areas 1 - North Triangle 2 - OB Riley 3 - Juniper Ridge P; e a . " ' P ~ . `-TS • Reroute US 97 to create two transportation corridors for through and local traffic. • Improve US97 and Cooley Road intersection and grade separate BNSF railway. • Improve US20 corridor improvements. • Extend Hunnell Road to provide connectivity to the county road network. • Extend Empire Avenue to provide connectivity to the city road network. • Incorporate new technologies to improve freight connections, provide reliable travel times and reduce crashes. US 97 BEND NORTH CORRIDOR INFRA GRANT— LARGE, RURAL PROJECT Original Ask Funding Allocations US 97 Reroute Project US 97 and Cooley Rd Intersection Corridors US 20 and Cooley Rd 5 1,000,000 Hunnell Rd Extension ---- Empire Ave Total Project $ 53,400,000 Percentage 36% State of Oregon $ 33,400,000 $ 19,000,000 Deschutes County —_._— 58,753,305 $ 3,400,000 5% $ 3,400,000 2% City of Bend $ 2,750,000 $ 2,750,000 5 1,575,000 $28,500,000 5 15,200,000 $ 22,275,000 15% Private Funds _-■— $ 2,730,000 -_-_ 3% $ 2,730,000 2% Total State, County, City & Private (non -Federal) $ 36,150,000 $ 21,750,000 5 5,305,000 $ 3,400,000 $ 15,200,000 $ 81,805,000 54% INFRA $ 42,250,000 $ 26,250,000 41% $ 68,500,000 46% New Ask Corridors Parallel Route Improvements (Hunnel & Tumalo Rd.) IJS 97 and Cooley Rd Intersection Percentage! State of Oregon 533,400,000 519,000,000 $1,000,000 $3,500,000 556,900,000 34% Deschutes County 58,753,305 58,753,305 5% City of Bend $2,750,000 52,750,000 523,000,000 $28,500,000 17% Private Funds 54,305,000 54,305,000 3% Total State, County, City & Private (non -Federal) 536,150,000 521,750,000 $5,305,000 58,753,305 526,500,000 $98,458,305 59% INFRA 542,250,000 526,250,000 $68,500,000 41% US97: Terrebonne Background: • Current Traffic Issues o US97/ Lower Bridge Way intersection and 11th Street/Smith Rock Way currently exceed the ODOT critical crash rate over the past 5 year period. o The following intersections do not meet mobility targets for the side -street turning movement. ■ US97/Lower Bridge Way ■ US97/C Avenue ■ US97/B Avenue o Speed data collected shows that the 85th Percentile speed on US97 exceeds the posted speed by 19 mph. o The pedestrian network throughout the urban area is largely incomplete. • Future Traffic Issues o The following Intersections are not forecasted to meet mobility targets for either the side -street or mainline movement under 2040 conditions. ■ US97/Lower Bridge Way ■ US97/C Avenue ■ US97/B Avenue ■ 11th Street / Smith Rock Way ■ US97/11th Street o The following intersections are expected to have queues that exceed available storage or exceed past adjacent intersections under 2040 conditions. ■ US97/Lower Bridge Way ■ US97/ C avenue ■ US 97/ B avenue • HB2017 allocated $20M to evaluate solutions for safe access on US97 through Terrebonne including pedestrian crossings, an overpass or a grade separated interchange at the US97/Lower Bridge Way intersection. • Deschutes County, Jefferson County & ODOT entered into an IGA in March 2017 to develop a Refinement Plan for the Terrebonne unincorporated rural community including Lower Bridge Way / Foss Drive on the North, NW19th Street on the west; the rail right of way on the east; and NW 10th Street on the South. "To Develop a refinement plan that addresses the US97 highway corridor through Terrebonne from Lower Bridge Way to NW 10th Street focusing on safety for all modes. The refinement plan will develop long-term improvement and management options and also identify short and/or mid-term solutions as appropriate. The plan will build on the prior work done in the 2010 Terrebonne Community Plan and the 2012 Deschutes County TSP. " Deschutes County TSP Excerpts *No signals are appropriate on State highways outside of UGB's or in the unincorporated communities of Terrebonne and Tumalo. *If ODOT chooses to pursue traffic signals in Terrebonne and Tumalo, the agency will need to conclusively demonstrate County roads will not be adversely affected. * There is one location where the four -phased approach will not be followed. Deschutes County and ODOT have agreed US 97 will remain a three -lane cross-section in Terrebonne. The reason is due to significant residential development on both sides of the highway, the elementary school on the west side, commercial development along the flanks of US 97, and the observed high demands to cross the highway. Traffic calming and pedestrian safety are more important than through traffic movement. Improvements to US 97 in the Terrebonne area will focus on non -widening options such as access management, a couplet, traffic signals, or a bypass. The intersection of Lower Bridge Way/US 97 will have either a simple overpass or a grade -separated interchange. The time of delay of driver trying to get through Terrebonne is insignificant to the overall travel time along the corridor. ODOT and Deschutes County will conduct a refinement plan for Terrebonne based on the goals and objectives of the adopted Terrebonne Community Plan, the goals and objectives of the Oregon Highway Plan, and additional public input and outreach. From a County planning perspective, this is a high-priority project. Terrebonne Community Plan Transportation - Limit access and control turning movement by redirecting property access to side streets or alleys. Implementing additional measures such as traffic calming, improved pedestrian crossing or reducing the speed on the highway can benefit an entire community. Decision Making Process ODOT, Deschutes County, Jefferson County, and consultant teats, PUBLIC INPUT Public Input is Consideted throughout decision-making 'ding kshogs, open website Project Management Team Name Title Organization Cari Charlton Agency Project Manager ODOT Region 4 Alia Burck Community Liaison Representative ODOT Region 4 Amy Pfeiffer ODOT Planning Manager ODOT Region 4 Bob Townsend Area Manager ODOT Region 4 Chris Doty Public Works Director Deschutes County Peter Russell Senior Planner Deschutes County Cody Smith County Engineer Deschutes County Jeff Rasmussen County Administrator Jefferson County Stacy Thomas Public Involvement Lead JLA Public Involvement Marc Butorac Consultant Project Manager Kittelson & Associates, Inc. Jacquelin Gulczynski Transportation Analyst Kittelson & Associates, Inc. Matt Kittelson Deputy Project Manager Kittelson & Associates, Inc. Advisory Committee John Williams CRR & Greater Terrebonne Citizens' Action Committee Mark Swick Terrebonne Hardware (Business Rep.) Chuck Forward Bike/Ped Representative Mike McIntosh Redmond School District Peter Russell Deschutes County Planning Captain Paul Garrison Deschutes County Sheriff's Office Cody Smith Deschutes County Public Works Mae Huston or Jeff Rasmussen Jefferson County Dale Crawford Deschutes County Planning Commission Phil Henderson Deschutes County Board of Commissioners Nick Kezele Greater Terrebonne Citizens' Advisory Committee Eric Sande Tourism Representative Scott Brown Recreational Representative Dylan Stott Community Member At -Large Randy Lunsford Community Member At -Large Kelsey Rook Community Member At -Large Project Schedule 2018 2019 2020 2021 SCHEDULED MEETINGS Advisory Committee Meeting Concept Development Workshop Public Meeting Public Involvement to Date • Aconsburtian schedule Neil be finalizedonre the Hefinenenr Man is complete. Meeting Date, Time, & Location Meeting Context Project Kick-off Meeting May 1, 2018 ODOT Bend Office • Project Overview • Schedule Focus Group Meetings - Crooked River Ranch HOA Board of Directors & Terrebonne Business Group June 4th & 5th Crooked River Ranch & Terrebonne Grange • Project background • Schedule • Decision making process • Key project elements (alignment, intersections, transition zone) & concepts Advisory Committee #1 June 12, 2018 3:00-5:00 PM Terrebonne Community School 1199 B Ave, Terrebonne • Project purpose, background and context • Plans & Policy Review • Methodology Memo • Goals & Objectives • Evaluation Criteria Crooked River Ranch Lion's Club June 12, 2018 Crooked River Ranch • Project background • Schedule • Decision making process • Key project elements (alignment, intersections, transition zone) & concepts Public Meeting #1 June 13, 2018 6:00-8:00 PM Terrebonne Community School 1199 B Ave, Terrebonne • Present alignment, intersection improvement and transition concepts • Goals & Objectives • Evaluation Criteria • Advertise for AC At -Large Members Advisory Committee #2 August 7, 2018 3:00-5:00 PM Terrebonne Community School 1199 B Ave, Terrebonne • Intro of At -Large AC Members • Review Updated Goals, Objectives and Evaluation Criteria • Existing Conditions • Alternative development analysis Meeting Date, Time, & Location Meeting Context Concept Development Workshop September 11-13, 2018 Terrebonne Community School 1199 B Ave, Terrebonne & Terrebonne Grange Hall 8286 11th Street • Public Concept Development • Public Alternative Review and Refinement 12:00 -1:00 PM Early l tate t.tnch PMT Kick off AC Cancept PubkPc ProloN ,OrkahoP Dcvalopmont Background Grr,rore •' ' WORK SESSION Vrear f..ttarnativax Fsr mont 1 iJJS t tion by AC P b c or Alternatotes PM 6:00 - 8:00 PM Early Cate € venirag Pubilc Concapt TEAM WORKSHOP Uawak#amvnt Schoa TAM WORK SESSION Lvaivate Alternative PtCtamnt'y irtirr,4+ DAY 1 Tues,/it DAY . Wed 2/I 1,I = Grsrn 3e Putrt „4xtu;'Slttin P0,,,tMd034,,4ntimam SCho�} Terrebonne Neighborhood Alliance Meeting November 7, 2018 6:30-8:30 PM Terrebonne Pump House Banquet Room • Listen to concepts presented by community members • Overview of Concept Development Workshop Advisory Committee #3 December 4, 2018 3:00-5:00 PM Terrebonne Grange Hall 828611th Street • Alternative Development & Analysis • Comparing Goals, Objectives & Eval Criteria to Alternatives US 97/11th Street Business and Property Owner Meeting December 18, 2018 6:00 7:30PM Terrebonne Grange Hall 8286 11th Street • Alternative Development & Analysis Advisory Committee #4 January 9, 2019 3:00-5:00 PM Terrebonne Community School 1199 B Ave, Terrebonne • Preferred Concept Selected & Recommendation Public Meeting #2 January 9, 2019 6:00 B:OOPM Terrebonne Community School 1199 B Ave, Terrebonne • Recommended Alternative ' .3 ^!C 6 3 ",{`;:`�,s ��✓L��.�.r ��+.'��,/<r'.,, r�j.��,a�:--�'vex�w-; ,�s�.<. 3����i{� �. sai-���,%,J .c.K��..a � ✓'s"`_ _. .i �i��.,,U `"4. 5' '" :: ".'sr3� s 'S,,c ' .-?� ks '.C" `'?t -n ��r���E �. �z �. '`��� � 'y.: `„1v,, ti��'�..,k-�`e?``dtfi`Yas.4 J+✓°o`va`'.A:» r..r,-.v.���.A..�.`£a s`�',4by �� "c"'. `7• ,ry t �. �� s . f fit, `'sy� ,: C,: £ � `�'�'c^�,/'C' iK`�� .�s �•: ,�.`� 5�. -4. • Draft Refinement Plan Deschutes County Planning Commission Hearing TBD Deschutes County Board of Commissioners Hearing TBD • Draft Refinement Plan ODOT Region 4 Project Information Last updated: January 2019 Project Goal Develop solutions that address both short-term (1-3 years) and long-term (5-20 years) safety and congestion problems and meet the needs of the many stakeholders that use this section of US 20. Why this project is needed Highway US 20 is a critical part of the State's transportation system. US 20 is an important freight route that supplies goods and services to central and eastern Oregon. It is also an important highway for local commuting traffic and the surrounding community. Keeping highways safe and traffic moving are critical parts the Oregon Department of Transportation's mission. Safety There have been a total of 21 crashes on US 20 between the intersections of 5th Street and Cook Avenue/OB Riley Road over a six year period from January 1, 2009 to December 31, 2014. Of these crashes, 14 were intersection related. Nine of the crashes resulted in injuries, of which two involved severe injuries. There were no fatalities during this period. 43% of the intersection crashes were left turning and 29% crossing maneuvers, with the major cause being failure to yield right-of-way. Congestion The population growth in Tumalo and the surrounding area and the increase of traffic on US 20 are increasing congestion and backups on side streets and making it difficult for drivers to turn onto the highway from local streets. In 2000, the Average Daily Traffic for US 20 in Tumalo was 8,100 vehicles per day. By 2019, this is expected to increase to 15,200, nearly double the 2000 count, making the conditions worse than they already are today. Past safety improvements ODOT in partnership with Deschutes County have implemented several short term solutions to help improve the US 20 Tumalo corridor. These include: • Speed studies conducted in 2005, 2007 and 2009. In 2005, the speed through Tumalo was reduced to 50mph, and in 2007, the speed was reduced to 45mph • Advance speed zone signs installed east and west of Tumalo to alert drivers of the speed reduction ahead. • Realignment of O.B. Riley Road and created a 4 -way intersection. • Striping modifications to make it safer for northbound traffic on O.B. Riley Road to turn right and prevent eastbound traffic on US 20 from changing lanes in the intersection. • Advance intersection signs with street names to improve awareness of upcoming intersections. • Enlarged stop signs for Bailey Road and 7th Street to improve driver compliance. • Stop bars realignment to improve visibility of vehicles on the side streets. • Left hand turn refuge on US 20 at the intersection of Bailey Road and 7th Street. • Raised curb median at US 20 and 7th Street/Bailey Road. Oregon Oennrtmont ODOT Region 4 Project Information How Tis proposing to address these problems A long-term solution is needed to address safety and operations on US 20 through Tumalo, while maintaining connectivity and mobility of the community. From 2008 — 2012, ODOT worked with stakeholders including the Federal Highway Administration, Deschutes County, emergency service providers, freight industry and property and business owners in the Tumalo area to develop potential concept alternatives that meet the long- term goals of the project; including an over -crossing at 0.B. Riley/Cook Ave (C-4) and an under -crossing at 0.B. Riley/Cook Ave (1-3). ODOT and Deschutes County have now partnered to re-initiate project development efforts in order to determine the preferred long-term solution and develop it to 30% design. The project development process will consist of the following phases: • Phase 1: Perform traffic analysis and an alternatives analysis to evaluate previously adopted concepts and new potential solutions, including a multi -lane roundabout, to be included in Phase 2. • Phase 2: Refine potential concept alternatives and conduct an extensive public outreach process to gain broad community and stakeholder input on potential solutions. Determine the preferred long-term solution for the project and develop to 30% design. • Phase 3 (not yet funded): Begin the right-of-way acquisition process and develop the project to Final Design. Estimated construction casts Long-term $10-15 million Contacts Colby Gederos Bob Townsend Alia Burck Project Manager Area Manager Community Liaison (541) 388-6047 (541) 388-6252 (541) 388-6037 For current information, visit the project web site at: http://www.oregon.gov/ODOT/Proiects/pages/default.aspx Colby.M.Gederos@odot.state.or.us Della.D.Mosier@odot.state.or.us Alia.burck@odot.state.or.us OOrepgeon O Transportetlon 4£CQm m04 23n4 %r ova$ mensora v@5c,«kE m ne c @w 3ri ; G R[1A rR @@4 .f 5Ih St. e Ave ef detthon 0,t t#> }1 y1« y ay Rd. to Ave. wilts gee: t OW F'1ew+;1i'11?Ir; reeddd on !;:t!`r p 'A'1l 641 SE q '11ci'atl / 9h SL ka e a @s 5 US20/STH STREET ROW needed 9r G±9 rs0 G G 92 l 71i1 \d d tram S€ Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of January 28, 2019 DATE: January 23, 2019 FROM: Thomas Kuhn, Health Services, TITLE OF AGENDA ITEM: Prevent Diabetes Central Oregon Grant Application Request RECOMMENDATION & ACTION REQUESTED: Staff recommend approval to apply for the Central Oregon Health Council Regional Health Improvement Plan funding for Prevent Diabetes Central Oregon. ATTENDANCE: Health Services staff: Tom Kuhn, Community Health Program Manager; Sarah Worthington, Diabetes Prevention Project Coordinator SUMMARY: Deschutes County Health Services (DCHS) is requesting approval to apply for Central Oregon Health Council (COHC) Regional Health Improvement Plan (RHIP) funding in order to continue the regional Diabetes Prevention Program work that has been done through COHC RHIP funding since 2016. Diabetes is a priority in the Central Oregon RHIP, and implementing a Diabetes Prevention Program (DPP) is an identified strategy to address the Diabetes Prevention Goal of decreasing the proportion of adults and children at risk for developing type 2 diabetes. DCHS's Diabetes Prevention Program is part of the National Diabetes Prevention Program, led by the Centers for Disease Control and Prevention, which is proven to help people with prediabetes prevent or delay development of type 2 diabetes. DCHS serves as a regional coordinator for this program. The goal of Prevent Diabetes Central Oregon (PDCO) is to reduce the risk of developing diabetes and cardiovascular disease in high-risk individuals in Central Oregon through a coordinated intensive lifestyle interfvention that leads to weight loss and increased physical activity. PDCO is a collaborative effort among several partners to ensure this year-long lifestyle intervention program is available to Central Oregonians. Partner agencies include Mosaic Medical, the Central Oregon Council on Aging, St. Charles Health System, Crook County Health Department and La Pine Community Health Center. Deschutes County Health Services GRANT APPLICATION REQUEST Official Grant Title: Prevent Diabetes Central Oregon (PDCO) Source of Grant Funds: Central Oregon Health Council (COHC) Regional Health Improvement Plan (RHIP) Funding $202,961.00, January 1, 2020 — December 31, 2020 (this would be year 4 DPP funding) Funding Amount and Duration (include amount per year if multiple years): Application Due Date: No specific date FTE Required and Cost of FTE: 1.08 FTE, $131,437 (existing FTE) Staff Responsible: Sarah Worthington, PHE III, Project Coordinator Matching Requirements? ❑ Yes 0 No If Yes, • in-kind or ■cash? Amount: Click or tap here to enter text. Contract or MOU Required? ►5 Yes • No For partner agencies providing DPP Does grant allow for admin fee? • Yes @ No If Yes, amount: Click or tap here to enter text. Expedited Director approval? • Yes o_ No If Yes, attach copy of grant opportunity notification. Please answer the following questions: 1. How does this grant opportunity align with priorities in the Health Services Strategic Plan, the Regional Health Improverrent Plan or an emerging need? Diabetes is a priority in the Central Oregon Regional Health Improvement Plan and implementing a Diabetes Prevention Program (DPP) is an identified strategy to address the Diabetes Prevention Goal to decrease the proportion of adults and children at risk for developing_type 2 diabetes. 2. Briefly summarize what work the grant is intended to accomplish. The goal of Prevent Diabetes Central Oregon (PDCO) is to reduce the risk of developing diabetes and cardiovascular disease in high-risk individuals in Central Oregon through a coordinated intensive lifestyle intervention (ILS) that leads to weight loss and increased physical activity. PDCO is a collaborative effort among several partners to ensure this one-year long lifestyle intervention program is available to Central Oregonians. Partner agencies include Mosaic Medical, the Central Oregon Council on Aging (COCOA), St. Charles Health System, Crook County Health Department, and La Pine Community Health Center. This grant is continuation funding for DPP work that has been done through COHC RHIP funding since 2016. 3. Describe the science or evidence base that supports delivering the work the grant is intended to accomplish. Yes. The National DPP was developed by the Centers for Disease Control (CDC) as a randomized clinical trial to compare the relative effectiveness of an intensive lifestyle intervention (ILS) in delaying the onset of diabetes in individuals at risk for the disease. The initial trial of over 3000 individuals found that, compared with placebo, participation in the DPP ILS reduced the incidence of diabetes by 58%. Those individuals who participated in the original trial of DPP Page1 of 2 Rev. 11/19/2018 continued to have a lower incidence rate of diabetes in a 10 -year follow-up study, demonstrating the lasting effects of this intervention in preventing or delaying diabetes onset. The cost of health care expenditures for people with diabetes is 2.3 times higher annually than those without diabetes'. 'Amundson et al. (March 2009). Translating the Diabetes Prevention Program Into Practice in the General Community: Findings from the Montana Cardiovascular Disease and Diabetes Prevention Program. The Diabetes Educator. 35, 209-223. 4. Does the work the grant is intended to accomplish require ethics review? If so, what is the regulating authority and who will do the work? No, this work does not require an ethics review. 5. Summarize the cost of doing the work the grant is intended to accomplish (include costs of personnel, equipment, materials and services, travel/training, etc., as applicable, using the grant calculator tool [to be developed]). 6. Calendar Year 2020 (January Wages Benefits Travel Supplies DPP Partner Agency Contracts Total Direct Total Indirect (0% de -minimus) Total Costs 1, 2020 through December 31, 2020) $83,934.00 $47,503.00 $1,200.00 $20,155.00 $50,169.00 $202,961.00 $- 0 (indirect costs are not allowable) $202,961.00 General funds needed to cover Overhead $54,000.00* Total grant funds, per year $256,961.00 *General fund has already been budgeted to cover January through June of FY 20 and approximately $27,000 would be needed to cover July through December of FY 21. hae 0.0 To be completed by Director: Final review of grant application materials prior to submittal will be done by: Directo J-/ Ifct 447 S;t,.z,.c.e -1 Deputy Director Deputy Director Approval ❑ Yes O No Date & Initials: Rev. 11/19/2018 Director Approval — ,Yes ❑ No Date & Initials 1/��-643 .........._.....__..... Page 2 of 2 Compliance oversight • Contract L Data analysis: Is the data IN already collected? OR ❑ new to us? Where does the data live? Click or tap here to enter text. EHR 0 Fiscal oversight and/or reporting ►�� Operations (building, vehicles, etc.) • Reporting: What: Narrative & Fiscal reports How often: Quarterly CA Other, please describe: Click or tap here to enter text. • hae 0.0 To be completed by Director: Final review of grant application materials prior to submittal will be done by: Directo J-/ Ifct 447 S;t,.z,.c.e -1 Deputy Director Deputy Director Approval ❑ Yes O No Date & Initials: Rev. 11/19/2018 Director Approval — ,Yes ❑ No Date & Initials 1/��-643 .........._.....__..... Page 2 of 2 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of January 28, 2019 DATE: January 23, 2019 FROM: Nicole Mardell, Community Development, TITLE OF AGENDA ITEM: Sisters Country Horizons Update ATTENDANCE: Nicole Mardell, Associate Planner and Nick Lelack, CDD Director SUMMARY: Staff will provide an update to the Sisters Country Horizons plan. REVIEWED LEGAL COUNSEL For Recording Stamp Only RESOLUTION NO. 2019-0XX A RESOLUTION OF DESCHUTES COUNTY ADOPTING SISTERS COUNTRY HORIZONS COMMUNITY VISION AND ACTION PLAN. WHEREAS, City of Sisters ("City"), in partnership with Deschutes County, Central Oregon hitergovernmental Council, and various stakeholders, initiated a community-based process referred to as "Sisters Country Horizons" to envision the type of community that residents desire for the portion of Deschutes County in and around the City (collectively, "Sisters Country") and develop a community-based action plan to achieve that vision over time; and WHEREAS, Sisters Country Horizons evaluated demographic, economic, environmental, cultural and technological strengths and weaknesses, challenges and opportunities for Sisters Country to determine community priorities and goals; and WHEREAS, the results of Sisters Country Horizons will help align the efforts of public institutions, civic organizations, businesses, and residents of Sisters Country in working towards a shared community vision and commonly held community values and goals; and WHEREAS, Sisters Country Horizons was completed over the course of a year and involved stakeholder interviews, online surveys, community meetings and forums, a vision summit, and other community presentations, all led by a consulting team experienced in community visioning processes in collaboration with the City of Sisters, Deschutes County, and Central Oregon Intergovernmental Council; and WHEREAS, the results of Sisters Country Horizons are compiled in a document entitled Sisters Country Community Vision and Action Plan, attached hereto as Exhibit A; and WHEREAS, the Board of County Commissioners (the "Board") desires to acknowledge the efforts of all partners and participants in Sisters Country Horizons and endorse the Sisters Country Community Vision and Action Plan. NOW, THEREFORE, BE IT RESOLVED that the Board resolves as follows: 1. Findings. The above -stated findings contained in this Resolution No. 2019-_ (this "Resolution") are hereby adopted. 2. Commendations of Partners and Participants. The Board, individually and collectively, hereby commends all of the partners and participants in Sisters Country Horizons for their efforts to make Sisters Country a better and more cohesive community. 3. Endorsement of Sisters Country Community Vision and Action Plan. The Board hereby 1- RESOLUTION NO. 2019- EXHIBIT A Sisters Country Community Vision and Action Plan [attached] EXHIBIT ATO RESOLUTION NO. 2019- CITY COUNCIL Agenda 520 E. Cascade Avenue - .PO Box 39 - Sisters, Or 97759 1 pb..: (i41) 549-6022 1 www.ci.sisters.or.us Wednesday, February 13, 2019 520 E. Cascade Avenue, Sisters, OR 97759 - Council Chambers 5:00 P.M. JOINT CITY COUNCIL AND BOARD OF COUNTY COMMISSION MEETING 1 CALL TO ORDER/PLEDGE OF ALLEGIANCE II ROLL CALL III INTRODUCTIONS IV SISTERS COUNTRY HORIZONS COMMUNITY VISION A. Final Vision Review -C. Misley B. DISCUSSION AND CONSIDERATION OF RESOLUTION 2019 -XX: A RESOLUTION OF CITY OF SISTERS ADOPTING SISTERS COUNTRY HORIZONS COMMUNITY VISION AND ACTION PLAN. - P. Davenport C. County Adoption of the Sisters Country Horizons Community Vision V CITY UPDATES A. Development Updates- P. Davenport, C. Misley VI COUNTY UPDATES A. Building Code Update- R. Scheid B. Crisis Center Update - C. Solid Waste Management Plan Update/Next Steps - VII OTHER BUSINESS VII ADJOURN Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be considered at the above referenced meeting; however, the agenda does not limit the ability of the Council to consider or discuss additional subjects. This meeting is subject to cancellation without notice. This meetingis opento the publicand interestedcitizensare invited to attend. This is an open meeting under Oregon Revised Statutes, not a communityforum; audience participation is at the discretion of the Council. The meetingmay be audiotaped. The meeting location is accessible to persons with disabilities. A request for an interpreter for the hearing impaired or for other accommodations for persons with disabilities should be made to the City Recorder at least forty -eighty (48) hours in advanceof the meeting. Executive Sessions are not open to the public; however, members of the press are invited to attend. The City of Sisters is an Equal Opportunity Provider Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of January 28, 2019 DATE: January 22, 2019 FROM: Nicole Mardell, Community Development, TITLE OF AGENDA ITEM: Redmond UGB Amendment - Oregon Military and Deschutes County Fairgrounds Site ATTENDANCE: Nicole Mardell, Associate Planner SUMMARY: The Board is conducting a work session in preparation for a joint public hearing on February 12, 2019 with the City of Redmond City Council. The applicant, Department of State Lands, is requesting approval of a Comprehensive Plan Amendment to redesignate 160 acres from Agriculture to Redmond Urban Growth Area to allow for the expansion of the Deschutes County Fairgrounds and relocation of Oregon Military Department's National Guard Armory. �C E S COMM N'EVE WPM ENT MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Nicole Mardell, Associate Planner DATE: January 21, 2018 SUBJECT: Redmond UGB Amendment - Oregon Military and Deschutes County Fairgrounds Site The Board of County Commissioners (Board) is conducting a work session on January 28, 2019 in preparation for a joint public hearing with the City of Redmond City Council on February 12, 2019. The applicant, Department of State Lands (DSL), is requesting a Comprehensive Plan Amendment to redesignate 160 acres of the subject property from Agriculture to Redmond Urban Growth Area. This Plan Amendment, if approved, would serve as an Urban Growth Boundary (UGB) amendment. The applicant has submitted a related application (247 -18 -000751 -PA) to redesignate the remainder of the property as part of the Central Oregon Large Lot Industrial program. I. BACKGROUND DSL currently owns a 949 -acre parcel referred to as the South Redmond Tract (SRT). The SRT is owned by DSL (formerly by the Bureau of Land Management) for the exclusive benefit of the Common School Fund (CSF). Revenues generated by the land are dedicated to the support of K-12 public schools throughout the state. In October 2008 the State Land Board, which oversees DSL, adopted the South Redmond Tract Land Use and Management Plan. The Plan set out a concept for urban development of the SRT that is consistent with state land use law, advances DSL's mission to maximize revenue for CSF, and benefits the local community and regional economy of Central Oregon. II. DESCHUTES COUNTY FAIRGROUNDS AND OREGON MILITARY DEPARTMENT SITE Working alongside Deschutes County and the Oregon Military Department, DSL found that a 160 - acre portion of the SRT could be used as a site for the expansion of the Deschutes County Fairgrounds and the relocation of the Oregon Military Department's National Guard Armory. Both of these uses are very specific and require a variety of site characteristics to be met. For example, a Fairgrounds expansion area needs to be in close proximity to the existing fairgrounds site and preferably adjacent to non-residential uses to lessen noise and traffic impacts, and the Military relocation area needs to be in close proximity to existing military training areas (i.e. the BIAK training center). A Land Needs Analysis was conducted to examine existing land within the current Redmond UGB, although no land was identified as meeting the characteristics required by the two uses. Per state statute, if the land need is not met through land located within the current UGB, but is located within identified priority areas, the City and County may amend the UGB outside of the traditional expansion process, as long as certain conditions are met. III. HEARINGS OFFICER RECOMMENDATION The Deschutes County Hearings Officer held a public hearing on November 27, 2019. One individual, Deschutes County Property Manager James Lewis, spoke in favor of the proposal. No public comments have been received to date. The Hearings Officer issued a decision recommending approval of the proposed Plan Amendment. IV. CITY OF REDMOND PROCESS The City of Redmond is conducting a concurrent planning process to annex the subject property into the City's UGB and city limits. Per a joint management agreement between the City and Deschutes County, the County has regional coordinating authority and serves the role as the final decision maker in this process. Outside of the proposed County Plan Amendment process, the applicant is also seeking City approval of annexation, master planning, and Plan Amendment and Zone Change applications to redesignate and rezone the property to Public Facilities and Fairgrounds. The Redmond Urban Area Planning Commission recommended approval of all proposed City applications during their public hearing on December 17, 2018. V. BOARD CONSIDERATION As the property includes lands designated for agricultural use, Deschutes County Code Section 22.28.030(C) requires the application to be heard de novo before the Board of County Commissioners, regardless of the determination of the Hearings Officer or Planning Commission. VI. NEXT STEPS The Board will hold a joint public hearing with the Redmond City Council to consider this plan amendment on February 12, 2019. ATTACHMENTS: Draft Ordinance and Exhibits Exhibit A: Comprehensive Plan Section 23.01.010, Introduction Exhibit B: Legal Description Exhibit C: Proposed Comprehensive Plan Map Exhibit D: Comprehensive Plan Chapter 4, Urban Growth Management Exhibit E: Comprehensive Plan Section 5.12, Legislative History Exhibit F: Hearings Officer Decision Page 2 of 2 REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 23, the Deschutes County Comprehensive Plan, to Change the Comprehensive Plan Map Designation for Certain Property From Agriculture to Redmond Urban Growth Area. ORDINANCE NO. 2019-004 WHEREAS, the Oregon Department of State Lands initiated an amendment (Planning Division File No. 247 -18 -000752 -PA) to the Comprehensive Plan Map, to change a portion of the subject property from an Agricultural (AG) designation to a Redmond Urban Growth Area (RUGA) designation, and amendments to the Comprehensive Plan; and WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on November 27, 2018, before the Deschutes County Hearings Officer and, on December 10, 2018, the Hearings Officer recommended approval of both the Comprehensive Plan Map change; and WHEREAS, after notice was given in accordance with applicable law, a de novo public hearing was held on February 12, 2018, before the Board of County Commissioners ("Board"); and WHEREAS, the Board, after review conducted in accordance with applicable law, approved as detailed above the Comprehensive Plan text and map changes, now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC Section 23.01.010, Introduction, is amended to read as described in Exhibit "A" attached and incorporated by reference herein, with new language underlined. Section 2. AMENDMENT. DCC Title 23, Deschutes County Comprehensive Plan Map, is amended to change the plan designation for certain property described in Exhibit "B" and depicted on the map set forth as Exhibit "C", with both exhibits attached and incorporated by reference herein, from Agriculture to Redmond Urban Growth Area. Section 3. AMENDMENT. Deschutes County Comprehensive Plan Chapter 4, Urban Growth Management, is amended to read as described in Exhibit "D" attached and incorporated by reference herein, with new language underlined. PAGE 1 OF 2 - ORDINANCE NO. 2019-004 Section 4. AMENDMENT. Deschutes County Comprehensive Plan Section 5.12, Legislative History, is amended to read as described in Exhibit "E" attached and incorporated by reference herein, with new language underlined. Section 5. FINDINGS. The Board adopts as its findings in support of this Ordinance, the Decision of the Hearings Officer as set forth in Exhibit "F", and incorporated by reference herein. Dated this of , 2019 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PHILIP G. HENDERSON, Chair PATTI ADAIR, Vice Chair ATTEST: Recording Secretary ANTHONY DEBONE Date of l' Reading: day of , 2019. Date of 2"d Reading: day of , 2019. Record of Adoption Vote: Commissioner Yes No Abstained Excused Philip G. Henderson Patti Adair Anthony DeBone Effective date: day of , 2019. PAGE 2 OF 2 - ORDINANCE NO. 2019-004 Chapter 23.01 COMPREHENSIVE PLAN Chapter 23.01 COMPREHENSIVE PLAN 23.01.010. Introduction. Plan, adopted by the Board in Ordinance 2011-003 ty Development Department website, is incorporated A. The Deschutes County Comprehensive and found on the Deschutes County Communit reference herein. B. The Deschutes County Comprehensive 2011-027, are incorporated by reference herein. C. The Deschutes County Comprehensive 2012-005, are incorporated by reference herein. D. The Deschutes County Comprehensive 2012-012, are incorporated by reference herein. E. The Deschutes County Comprehensive 2012-016, are incorporated by reference herein. F. The Deschutes County Comprehensive 2013-002, are incorporated by reference herein. G. The Deschutes County Comprehensive 2013-009, are incorporated by reference herein. H. The Deschutes County Comprehensive 2013-012, are incorporated by reference herein. I. The Deschutes County Comprehensive 2013-007, are incorporated by reference herein. J. The Deschutes County Comprehensive 2014-005, are incorporated by reference herein K. The Deschutes County Comprehensive 2014-006, are incorporated by reference herein. L. The Deschutes County Comprehensive 2014-012, are incorporated by reference herein. M. The Deschutes County Comprehensive 2014-021, are incorporated by reference herein. N. The Deschutes County Comprehensive 2014-027, are incorporated by reference herein. O. The Deschutes County Comprehensive 2015-021, are incorporated by reference herein. P. The Deschutes County Comprehensive 2015-029, are incorporated by reference herein. Q. The Deschutes County Comprehensive 2015-018, are incorporated by reference herein. R. The Deschutes County Comprehensive 2015-010, are incorporated by reference herein S. The Deschutes County Comprehensive 2016-001, are incorporated by reference herein. T. The Deschutes County Comprehensive 2016-022, are incorporated by reference herein U. The Deschutes County Comprehensive 2016-005, are incorporated by reference herein. 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The Deschutes County Comprehensive Plan amendments, adopted 2016-027, are incorporated by reference herein. W. The Deschutes County Comprehensive Plan amendments, adopted 2016-029, are incorporated by reference herein. X. The Deschutes County Comprehensive Plan amendments, adopted 2017-007, are incorporated by reference herein. Y. The Deschutes County Comprehensive Plan amendments, adopted 2018-002, are incorporated by reference herein. Z. The Deschutes County Comprehensive Plan amendments, adopted by 2018-006, are incorporated by reference herein. AA. The Deschutes County Comprehensive Plan amendments, adopted by 2018-011, are incorporated by reference herein. BB. The Deschutes County Comprehensive Plan amendments, adopted by 2018-005, are incorporated by reference herein. CC. The Deschutes County Comprehensive Plan amendments, adopted by 2018-008, are incorporated by reference herein. DD. The Deschutes County Comprehensive Plan amendments, adopted by 2019-002, are incorporated by reference herein. EE. The Deschutes County Comprehensive Plan amendments, adopted by 2019-001, are incorporated by reference herein. FF. The Deschutes County Comprehensive Plan amendments, adopted by 2019-003, are incorporated by reference herein. GG. The Deschutes County Comprehensive Plan amendments, adopted by 2019-004, are incorporated by reference herein. by the Board in Ordinance by the Board in Ordinance by the Board in Ordinance by the Board in Ordinance the Board in Ordinance the Board in Ordinance the Board in Ordinance the Board in Ordinance the Board in Ordinance the Board in Ordinance the Board in Ordinance the Board in Ordinance (Ord. 2019-004 §1, 2019; Ord. 2019-003 §1, 2019; Ord. 2019-001 §1, 2019; Ord. 2019-002 §1, 2019; Ord. 2018-008 §1, 2018; Ord. 2018-005 §2, 2018; Ord. 2018-011 §1, 2018; Ord. 2018-006 §1, 2018; Ord. 2018-002 §1, 2018; Ord. 2017-007 §1, 2017; Ord. 2016-029 §1, 2016; Ord. 2016-027 §1, 2016; Ord. 2016-005 §1, 2016; Ord. 2016-022 §1, 2016; Ord. 2016-001 §1, 2016; Ord. 2015-010 §1, 2015; Ord. 2015-018 § 1, 2015; Ord. 2015-029 § 1, 2015; Ord. 2015-021 § 1, 2015; Ord. 2014-027 § 1, 2014; Ord. 2014-021 §1, 2014; Ord. 2014-12 §1, 2014; Ord. 2014-006 §2, 2014; Ord. 2014-005 §2, 2014; Ord. 2013-012 §2, 2013; Ord. 2013-009 §2, 2013; Ord. 2013-007 §1, 2013; Ord. 2013-002 §1, 2013; Ord. 2013-001 §1, 2013; Ord. 2012-016 §1, 2012; Ord. 2012-013 §1, 2012; Ord. 2012-005 §1, 2012; Ord. 2011-027 §1 through 12, 2011; Ord. 2011-017 repealed; Ord.2011-003 §3, 2011) Click here to be directed to the Comprehensive Plan (http://www.deschutes.org/compplan) PAGE 2 OF 2 - EXHIBIT A TO ORDINANCE NO. 2019-004 EXHIBIT B Proposed County Fairgrounds and Oregon Military Department Expansion Area Legal Description, Subject Property Willamette Meridian, Oregon T. 15 S., R. 13 E., sec. 33, N1/2NW1/4, and N1/2NE1/4. SWIXERO AVE n`u'1I/I a• �rj11�S� eito �IIII►� SW:GREENS'BLVD ALF h m N 1 1 1 1 City of Redmond Plan Amendment from Agriculture (AG) to Redmond Urban Growth Area (RUGA) AG Taxlot 17-13-00-00-00100 Taxlot 15-13-00-00-00130 Legend QProposed Plan Amendment Boundary 1 J Redmond Urban Growth Boundary Comprehensive Plan Designation AG -Agriculture OS&C - Open Space & Conservation RREA - Rural Residential Exception Area PROPOSED COMPREHENSIVE PLAN MAP Exhibit "C" to Ordinance 2019-004 0 V V BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Philip G. Henderson, Chair Patti Adair, Vice Chair Tony DeBone, Commissioner ATTEST: Recording Secretary 0.125 0.25 0.5 (Miles Dated this day of 2019 Effective Date: 2019 January 18, 2019 t.trbaw Growth chapter 4 Mawagevwewt EXHIBIT "D" TO ORDINANCE NO. 2019-004 5ecti,o IA, 4.1 1 an trool u.cti,o IA, Background A major emphasis of Oregon's land use planning program is directing new development into urban areas. Statewide Planning Goal 14, Urbanization, requires cities, in cooperation with counties, to create Urban Growth Boundaries (UGBs). The UGBs are legal lines that contain lands that are anticipated to urbanize over a 20 -year period. UGBs allow cities to adequately plan for future urban facilities and services. State laws require that UGBs be adopted by both the city and the county. Besides the UGBs which define the land needed for city expansion over 20 years, some cities adopt Urban Reserve Areas (URAs), which define land needed beyond a 20 year horizon, typically representing an additional 10 to 30 year land supply. By adopting an URA a city can better plan for expansion and growth. Like UGBs, URAs are done in a partnership between a county and the city. Deschutes County has four incorporated cities. Bend, Redmond and Sisters were incorporated before 1979. The City of La Pine incorporated on November 7, 2006. Bend, Redmond and Sisters' Comprehensive Plans are coordinated with the County. Certain elements are adopted into the County's. In addition, the cities and the County maintain urban growth area zoning ordinances and cooperative agreements for mutually administering the unincorporated urbanizing areas. These areas are located outside city limits but within UGBs. La Pine adopted a Comprehensive Plan and UGB in 2012. Until La Pine adopts its own land use regulations, County land use regulations will continue to be applied inside the city limits though a joint management agreement. In addition to cities and the associated UGBs and URAs, there are rural locations around the County that contain urban level development. These areas generally existed before the Oregon land use system was enacted in the early 1970s. In 1994 the Land Conservation and Development Commission wrote a new Oregon Administrative Rule (OAR), 660-22, to classify and regulate these unincorporated communities. The OAR created four categories of unincorporated communities and required the County to evaluate existing rural developments under the new Rule. Purpose The Urban Growth Management chapter, in concert with the other chapters of this Plan, specifies how Deschutes County will work with cities and unincorporated communities to accommodate growth while preserving rural character and resource lands. The following issues are covered in this chapter: • Urbanization (Section 4.2) • Unincorporated Communities Overview (Section 4.3) • La Pine Urban Unincorporated Community (Section 4.4) • Sunriver Urban Unincorporated Community (Section 4.5) • Terrebonne Rural Community Plan (Section 4.6) 2 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.1 INTRODUCTION EXHIBIT "D" TO ORDINANCE NO. 2019-004 • Tumalo Rural Community Plan (Section 4.7) • Black Butte Ranch and Inn of the 7th Mountain/Widgi Creek Rural Resorts (Section 4.8) • Rural Service Centers (Section 4.9) Goal 14 recognizes the following: Statewide Planning Goal 14 Urbanization "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." Excerpt from Goal 14 Planning Guidelines "`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." DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.1 INTRODUCTION EXHIBIT "D" TO ORDINANCE NO. 2019-004 swap IA, 4.2 Rrb a wiz ati,o vL Background This section describes the coordination between the County and the cities of Bend, La Pine, Redmond and Sisters on Urban Growth Boundaries (UGBs) and Urban Reserve Areas (URAs). Statewide Planning Goal 2 recognizes the importance of coordinating land use plans. "City, county, state and federal agency and special district plans and actions related to land use shall be consistent with the comprehensive plans of cities and counties and regional plans adopted under ORS Chapter 268." Oregon Revised Statute 197.015(5) goes further to define comprehensive plan coordination. "A plan is "coordinated" when the needs of all levels of governments, semipublic and private agencies and the citizens of Oregon have been considered and accommodated as much as possible." Population An important basis for coordinating with cities is adopted population projections. Having an estimate of anticipated population is the first step to planning for future growth and conservation. ORS 195.025(1) requires counties to coordinate local plans and population forecasts. The County oversees the preparation of a population forecast in close collaboration with cities. This is important because the population of the County has increased significantly in recent decades and a coordinated approach allows cities to ensure managed growth over time. Table 4.2.1 — Population Growth in Deschutes County 1980 to 2010 Sources 1980 1990 2000 2010 Population Research Center July I estimates 62,500 75,600 116,600 172,050 US Census Bureau April 1 counts 62,142 74,958 115,367 157,733 Source: As noted above In 1996 Bend, Redmond, Sisters and the County reviewed recent population forecasts from the Portland State University Center Population and Research Center (PRC) and U.S. Census Bureau, Department of Transportation, Woods and Poole, Bonneville Power Administration and Department of Administrative Services Office of Economic Analysis. After reviewing these projections, all local governments adopted a coordinated population forecast. It was adopted by Deschutes County in 1998 by Ordinance 98-084. The results of the 2000 decennial census and subsequent population estimates prepared by the PRC revealed that the respective populations of the County and its incorporated cities were growing faster than anticipated under the 1998 coordinated forecast. The cites and the County re-engaged in a coordination process between 2002 and 2004 that culminated with the County adopting a revised population forecast that projected population to the year 2025. It was adopted by Ordinance 2004-012 and upheld by the Land Use Board of Appeals on March 28, 2005. The following table displays the 2004 coordinated population forecast for Deschutes County and the UGBs of the cities of Bend, Redmond, and Sisters. 4 DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011 CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION EXHIBIT "D" TO ORDINANCE NO. 2019-004 Table 4.2.2 - Coordinated Population Forecast 2000 to 2025 Year Bend UGB Redmond UGB Sisters UGB Unincorporated County Total County 2000 52,800 15,505 975 47,320 116,600 2005 69,004 19,249 1,768 53,032 143,053 2010 81,242 23,897 2,306 59,127 166,572 2015 91,158 29,667 2,694 65,924 189,443 2020 100,646 36,831 3,166 73,502 214,145 2025 109,389 45,724 3,747 81,951 240,811 Source: 2004 Coordinated Population Forecast for Deschutes County The process through which the County and the cities coordinated to develop the 2000-2025 coordinated forecast is outlined in the report titled "Deschutes County Coordinated Population Forecast 2000-2025: Findings in Support of Forecast." The fourth city in Deschutes County is the City of La Pine. Incorporated on November 7, 2006, the City of La Pine's 2006 population estimate of 1,590 was certified by PRC on December 15, 2007. As a result of La Pine's incorporation, Deschutes County updated its Coordinated Population Forecast with Ordinance 2009-006. The purpose of this modification was to adopt a conservative 20 year population forecast for the City of La Pine that could be used by city officials and the Oregon Department of Land Conservation and Development to estimate its future land need and a UGB. The following table displays the coordinated population forecast for Deschutes County, the UGBs of the cities of Bend, Redmond, and Sisters, and La Pine from 2000 to 2025. By extending the growth rate to the year 2025, La Pine's population will be 2,352. The non -urban unincorporated population decreases by 2,352 from its original projection of 81,951, to 79,599. Table 4.2.3 - Coordinated Population Forecast 2000 to 2025, Including La Pine Year Bend UGB Redmond UGB Sisters UGB La Pine UGB Unincorporated County Total County 2000 52,800 15,505 975 - 47,320 116,600 2005 69,004 19,249 1,768 - 53,032 143,053 2010 81,242 23,897 2,306 1,697 57,430 166,572 2015 91,158 29,667 2,694 1,892 64,032 189,443 2020 100,646 36,831 3,166 2,110 71,392 214,145 2025 109,389 45,724 3,747 2,352 79,599 240,811 Source: 2004 Coordinated Population Forecast for Deschutes County - update 2030 Population Estimate This Comprehensive Plan is intended to manage growth and conservation in the unincorporated areas of the County until 2030. Because the official population forecast extends only to 2025, County staff used conservative average annual growth rates from the adopted population forecast to estimate population out to 2030. The following table estimates Deschutes County population by extending the adopted numbers out an additional five years. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION EXHIBIT "D" TO ORDINANCE NO. 2019-004 Table 4.2.4 — Deschutes County 2030 Population Forecast Year Bend UGB Redmond UGB Sisters UGB La Pine UGB Unincorporated County Total County 2030 119,009 51,733 4,426 2,632 88,748 266,538 Snnrre• County estimates based on the 2004 Coordinated Population Forecast as shown below Bend's average annual growth rate from 2025 to 2030 is 1.70% Redmond's average annual growth rate from 2025 to 2030 is 2.50% Sisters' based their population on forecasted rates of building growth, residential housing units, and persons per dwelling unit La Pine's average annual growth rate from 2025 to 2030 is 2.20% Deschutes County's unincorporated area average annual growth rate from 2025 to 2030 is 2.20% As the pie chart below indicates, if population occurs as forecasted, 67% of the County's population will reside in urban areas by 2030. In 2030 Sisters 2% Unincorporated — Area 33% Bend_ 45% La Ane Redmond 19% Figure 4.1 Deschutes County 2030 Estimated Population Such growth will undoubtedly require strategically managing the provision of public services and maintaining adequate amounts of residential, commercial and industrial lands. Growth pressures will also require programmatic approaches to maintain open spaces, natural resources, and functional ecosystems that help define the qualities of Deschutes County. Urban Growth Boundary Amendments Bend The City of Bend legislatively amended its UGB as part of a periodic review acknowledgment in December 2004. The Bend City Council and the Board of County Commissioners adopted concurrent ordinances that expanded the Bend UGB by 500 acres and satisfied a 20 year demand for industrial land. In July 2007, the Bend -La Pine School District received approvals to expand the City of Bend UGB to include two properties for the location of two elementary schools, one at the Pine Nursery, the other on Skyliner Road. In 2014, the Bend -La Pine School district received approval to include a 33 -acre site within the UGB near Skyliners Road to facilitate the construction of a public middle school. The Bend City Council and the Board of County Commissioners approved a legislative amendment to the Bend UGB in September 2016. The adopted amendment added 2,380 acres of land intended to satisfy a 20 -year land need for needed housing, employment, and public uses from 2008 to 2028. The adopted UGB amendment also satisfied the terms of a 2010 Remand 6 DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011 CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION EXHIBIT "D" TO ORDINANCE NO. 2019-004 Order from the Oregon Land Conservation and Development Commission (10 -REMAND - PARTIAL ACKNOW-001795). The City of Bend UGB amendment identified 5 existing neighborhood typologies within the City, with the "Transect" being the defined neighborhood typology which "provides a transitional residential development pattern from urban to rural using a variety of housing types integrated with the surrounding natural landscape to minimize the impact on sensitive ecosystems, wildlife and to reduce the risk of wildfire." The City applied this Transect concept to specific areas added to the UGB identified as the "Shevlin Area" and the "West Area" and created area -specific policies for those areas to recognize the unique characteristics of the area and create a transition from higher densities within the city to lower densities extending westward to the City of Bend UGB . In coordination with the city, Deschutes County has continued this concept for the areas in the county on the west side of Bend adjacent to the "Shevlin" and "West Area" in its Rural Housing elements and policies found in Chapter 3 of this Comprehensive Plan. Sisters The City of Sisters legislatively amended its UGB in September 2005 when its City Council and the Board of County Commissioners adopted respective ordinances. The Sisters UGB expansion covered 53 acres and satisfied a 20 year demand for residential, commercial, light industrial, and public facility land. In March 2009, Sisters amended their UGB to facilitate the establishment of a 4 -acre fire training facility for the Sisters/Camp Sherman Fire District. Redmond The City of Redmond legislatively amended its UGB in August 2006 when its City Council and the Board of County Commissioners adopted respective ordinances. The Redmond UGB expansion covered 2,299 acres and satisfied a 20 year demand for residential and neighborhood commercial land. In February_ 2019, Redmond amended ir.sLiG through ajoint_pr©cess when its ;ity Council and theBoard of CountyCommissioners adoptedres pective ordinances_ This expansion covered 949 acres in total: _ 89 acres ;natedfiorlarge lot industrial development in accordance with the Central Oregon Regional Large Lot Industrial Lands l rogram,_and160 acres allowed for the expansion cifthe existing_Descf Utes Coui Fairgrounds and Oregon MilitaryDepartment's National Gard Armory., La Pine In 2012 La Pine adopted its first Comprehensive Plan. La Pine established a UGB that matches the city limits, because the City contains sufficient undeveloped land for future housing, commercial and industrial needs over a 20 -year period. The Plan map includes land use designations intended to provide an arrangement of uses to ensure adequate and efficient provision of public infrastructure for all portions of the City and UGB. Urban Reserve Area Redmond In December 2005, Redmond City Council and the Board of County Commissioners adopted a 5,661 acre URA for the City. It is the first URA in Central Oregon because most cities find planning farther into the future than the 20 -year UGB timeframe, challenging. DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011 CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION EXHIBIT "D" TO ORDINANCE NO. 2019-004 Coordination As noted above, Statewide Goal 2 and ORS promote land use planning coordination. The purposes of the urbanization goals and policies in this section are to provide the Zink between urban and rural areas, and to provide some basic parameters within which the urban areas of Deschutes County can develop, although the specific comprehensive plan for each community remains the prevailing document for guiding growth in its respective area. These policies permit the County to review each city's comprehensive plan to ensure effective coordination. The Redmond and Deschutes County Community Development Departments received the Oregon Chapter of American Planning Association's (OAPA) Professional Achievement in Planning Award in 2006 for the "Redmond Urban Reserve Area / Urban Growth Boundary Expansion Project". The following quote taken from the Oregon Chapter of the American Planning Association's 2006 Awards Program shows why the Redmond Community Development Department was chosen for this award. "An outstanding effort to address Redmond's rapid population growth, including the successful designation of an Urban Reserve and the imminent designation of an Urban Growth Boundary, a "Framework Plan" with a requirement for master planning, and the establishment of "Great Neighborhood Principles." Central Oregon Large Lot Industrial Land Need Analysis During the 1990s, the Central Oregon region experienced a dramatic transformation from an economy concentrated largely in wood products into a service based economy serving a growing and diverse tourism and household base. Accelerated in -migration and tourism growth gave way to rapid economic expansion, escalation in home prices, and a systematic shift in the local economy from goods producing activities to service oriented industries. While initially representing a diversification of the local economy, this shift led to an over -reliance upon these types of industries. During the recent recession, the regional economy's vulnerabilities became apparent. Suitable land for today's industrial development forms emerged as one of Oregon's most severe development challenges. In 2010, 201 1, and 2012, Deschutes, Crook and Jefferson counties and their respective cities, undertook an unprecedented regional evaluation of the economic opportunities and constraints associated with users of Targe industrial parcels in the Central Oregon region. The purpose of this evaluation was to aid in providing a more diversified economic base for the region that would accommodate industrial uses with a need for larger lots than possibly may be currently available in any of the Central Oregon cities. As part of that evaluation, Deschutes County hired a consultant to draft an analysis of Central Oregon's opportunities, competitiveness, ability, and willingness to attract more basic industries. The analysis focused specifically on industries that require Targe lots. The result was a document called the Central Oregon Regional Economic Opportunity Analysis, and was the basis for Ordinance 2011-017, dated May 31, 2011. Ordinance 201 1-017 was appealed to the Land Use Board of Appeals by 1,000 Friends of Oregon ("1,000 Friends"). The appeal was stayed in early 2012 to allow Deschutes County, the Governor's Office, and 1,000 Friends to explore a settlement, which was ultimately reached in 8 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION EXHIBIT "D" TO ORDINANCE NO. 2019-004 April, 2012. The settlement consisted of policy concepts focusing entirely on Central Oregon's short-term need for large -lot industrial sites as well as a commitment from the Department of Land Conservation and Development ("DLCD") to initiate rule-making that summer. The three counties, their respective cities, 1,000 Friends, and DLCD staff then engaged in drafting a proposed rule. In August, the final draft of that rule was then sent to the Oregon Land Conservation and Development Commission ("LCDC"). As a result, in November, the LCDC adopted Oregon Administrative Rule (OAR) 660-024-0040 and 660-024-0045. That rule provides that 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. After the adoption of the new OARs, Deschutes County voluntarily repealed Ordinance 201 1-017 and adopted a new ordinance, Ordinance 2013-002, in accordance with the OARs. Utilizing the new OARs, Ordinance 2013-002 emphasized Central Oregon' short term need for a critical mass of competitive and diverse vacant, developable industrial sites. An additional necessary component 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. The [CSA between COIC and the regions cities and counties wasexec_trted onApril 2013_ Participating local governments will review the program after all nine sites have been occupied or after ten years, whichever comes first. In February_.'2019y.iDcschutes County adopted Ordinance 1o. 'zai 9- C}3�wl7ichiraiplerrented t_he lar lotindustial _policies defined by_Or egos Administrative RuI�-._% `?/ R._6b 024-0 40 and 660-024-0045.._The ordinance the Deschutes County,Comprehensive Plan map to allow or 789 acres of a 94 acre parcelowned b the Oregon Department of State, Lands to Ice incur, ar a e.d into the City or Redmond's s UGI (the remainin _160 acres were transferred r ed into the I.JGfpusuant todifferent criteria)__1Whis site, referred to as the South Redmond Tract, was submitted to the Lar e Lot Industrial L -rnds_pro rgam [)_' theCity o'rRedmond in 201_!- arter. an e.xtensive analy is of several potential sites utilizing the criteria of the adopted Central Oregon Large of Industrial Lands Needs Anal_ysis ( the Anay_sis ').,...0 OICaccepted the property into the Large Lot Industrial _all) program c n May --.1 2015Subsequently_the City f Redmond amended its zoning code to add, aLarge Lot Industrial Zone, which addresses the requirements of the LLL program arnand ensures that properties with It thiszoning designation are to be utilized solel_x for large lot industrial or directly related purposes. DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011 CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION EXHIBIT "D" TO ORDINANCE NO. 2019-004 .Secti,ow 4.2 1.t.rbawizati,ow Poi'.c'es Goals and Policies Goal I Policy 4.2.1 Coordinate with cities, special districts and stakeholders to support urban growth boundaries and urban reserve areas that provide an orderly and efficient transition between urban and rural lands. Participate in the processes initiated by cities in Deschutes County to create and/or amend their urban growth boundaries. Policy 4.2.2 Promote and coordinate the use of urban reserve areas. Policy 4.2.3 Review the idea of using rural reserves. Goal 2 Policy 4.2.4 Policy 4.2.5 Policy 4.2.6 Policy 4.2.7 Goal 3 Policy 4.2.8 Policy 4.2.9 Policy 4.2.10 Coordinate with cities, special districts and stakeholders on urban growth area zoning for lands inside urban growth boundaries but outside city boundaries. Use urban growth area zoning to coordinate land use decisions inside urban growth boundaries but outside the incorporated cities. Negotiate intergovernmental agreements to coordinate with cities on land use inside urban growth boundaries and outside the incorporated cities. Develop urban growth area zoning with consideration of the type, timing and location of public facilities and services provision consistent with city plans. Adopt by reference the comprehensive plans of Bend, La Pine, Redmond and Sisters, as the policy basis for implementing land use plans and ordinances in each city's urban growth boundary. Coordinate with cities, special districts and stakeholders on policies and zoning for lands outside urban growth boundaries but inside urban reserve areas. Designate the Redmond Urban Reserve Area on the County Comprehensive Plan Map and regulate it through a Redmond Urban Reserve Area (RURA) Combining Zone in Deschutes County Code, Title 18. In cooperation with the City of Redmond adopt a RURA Agreement consistent with their respective comprehensive plans and the requirements of Oregon Administrative Rule 660-021-0050 or its successor. The following land use policies guide zoning in the RURA. a. Plan and zone RURA lands for rural uses, in a manner that ensures the orderly, economic and efficient provision of urban services as these lands are brought into the urban growth boundary. b. New parcels shall be a minimum of ten acres. c. Until lands in the RURA are brought into the urban growth boundary, zone changes or plan amendments shall not allow more intensive uses or uses that I0 DESCHUTES COUNTY COMPREHENSIVE PLAN -2011 CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION EXHIBIT "D" TO ORDINANCE NO. 2019-004 generate more traffic, than were allowed prior to the establishment of the RURA. d. For Exclusive Farm Use zones, partitions shall be allowed based on state law and the County Zoning Ordinance. e. New arterial and collector rights-of-way in the RURA shall meet the right-of- way standards of Deschutes County or the City of Redmond, whichever is greater, but be physically constructed to Deschutes County standards. f. Protect from development existing and future arterial and collector rights-of- way, as designated on the County's Transportation System Plan. g. A single family dwelling on a legal parcel is permitted if that use was permitted before the RURA designation. Policy 4.2.1 1 Collaborate with the City of Redmond to assure that the County -owned 1,800 acres in the RURA is master planned before it is incorporated into Redmond's urban growth boundary. Goal 4 To build a strong and thriving regional economy by coordinating public investments, policies and regulations to support regional and state economic development objectives in Central Oregon. Policy 4.2.12 Deschutes 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 locate in Central Oregon. Policy 4.2.13 Deschutes County recognizes the importance of maintaining a large -lot industrial land supply that is readily developable in Central Oregon. Policy 4.2.14 The Central Oregon Regional Large Lot Industrial Land Need Analysis ("Analysis"), adopted by Ordinance 2013-002 is incorporated by reference herein. Policy 4.2.15 Within 6 months of the adoption of Ordinance 201 3-002, in coordination with the participating local governments in Central Oregon, Deschutes 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. Policy 4.2.16 In accordance with OAR 660-024-004 and 0045, Deschutes County, fulfilling coordination duties specified in ORS 195.025, shall approve and update its comprehensive plan when participating cities within their jurisdiction legislatively or through a quasi-judicial process designate regionally significant sites. Policy 4.2.17 Deschutes 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 maintaining an inventory of appropriate sized and located industrial lots available to the market Policy 4.2.18 Deschutes 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. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION EXHIBIT "D" TO ORDINANCE NO. 2019-004 11 Policy 4.2.19 Deschutes County will strengthen long-term confidence in the economy by building innovative public to private sector partnerships. 12 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION EXHIBIT "D" TO ORDINANCE NO. 2019-004 sectiow 5.12 Legisl,at%ve History Background This section contains the legislative history of this Comprehensive Plan. Table 5.12.1 Comprehensive Plan Ordinance History Ordinance Date Adopted/ Effective Chapter/Section Amendment 2011-003 8-10-1 1/ 1 1-9-1 I All, except Transportation, Tumalo and Terrebonne Community Plans, Deschutes Junction, Destination Resorts and ordinances adopted in 2011 Comprehensive Plan update 2011-027 10-31-1 1 / 1 1-9-1 1 2.5, 2.6, 3.4, 3.10, 3.5, 4.6, 5.3, 5.8, 5. I I , 23.40A, 23.40B, 23.40.065, 23.01.010 Housekeeping amendments to ensure a smooth transition to the updated Plan 2012-005 8-20-12/11-19-12 23.60, 23.64 (repealed), 3.7 (revised), Appendix C (added) Updated Transportation System Plan 2012-012 8-20-12/8-20-12 4.1, 4.2 La Pine Urban Growth Boundary 2012-016 12-3-12/3-4-13 3.9 Housekeeping amendments to Destination Resort Chapter 2013-002 1-7-13/1-7-13 4.2 Central Oregon Regional Large -lot Employment Land Need Analysis 2013-009 2-6-13/5-8-13 1.3 Comprehensive Plan Map Amendment, changing designation of certain property from Agriculture to Rural Residential Exception Area 2013-012 5-8-13/8-6-13 23.01.010 Comprehensive Plan Map Amendment, including certain property within City of Bend Urban Growth Boundary 2013-007 5-29-13/8-27-13 3.10, 3.11 Newberry Country: A Plan for Southern Deschutes County DESCHUTES COUNTY COMPREHENSIVE PLAN - 201 I CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY EXHIBIT "E" TO ORDINANCE NO. 2019-004 2013-016 10-21-13/10-21-13 23.01.010 Comprehensive Plan Map Amendment, including certain property within City of Sisters Urban Growth Boundary 2014-005 2-26-14/2-26-14 23.01.010 Comprehensive Plan Map Amendment, including certain property within City of Bend Urban Growth Boundary 2014-012 4-2-14/7-1-14 3.10, 3. I I Housekeeping amendments to Title 23. 2014-021 8-27-14/11-25-14 23.01.010, 5.10 Comprehensive Plan Map Amendment, changing designation of certain property from Sunriver Urban Unincorporated Community Forest to Sunriver Urban Unincorporated Community Utility 2014-021 8-27-14/11-25-14 23.01.010, 5.10 Comprehensive Plan Map Amendment, changing designation of certain property from Sunriver Urban Unincorporated Community Forest to Sunriver Urban Unincorporated Community Utility 2014-027 12-15-14/3-31-15 23.01.010, 5.10 Comprehensive Plan Map Amendment, changing designation of certain property from Agriculture to Rural Industrial 2015-021 1 1-9-15/2-22-16 23.01.010 Comprehensive Plan Map Amendment, changing designation of certain property from Agriculture to Surface Mining. 2015-029 11-23-15/11-30-15 23.01.010 Comprehensive Plan Map Amendment, changing designation of certain property from Tumalo Residential 5 -Acre Minimum to Tumalo Industrial 2015-018 12-9-15/3-27-16 23.01.010, 2.2, 4.3 Housekeeping Amendments to Title 23. DESCHUTES COUNTY COMPREHENSIVE PLAN - 20I I CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY EXHIBIT "E" TO ORDINANCE NO. 2019-004 2 2015-010 12-2-15/12-2-15 2.6 Comprehensive Plan Text and Map Amendment recognizing Greater Sage -Grouse Habitat Inventories 2016-001 12-21-15/04-5-16 23.01.010; 5.10 Comprehensive Plan Map Amendment, changing designation of certain property from, Agriculture to Rural Industrial (exception area) 2016-007 2-10-16/5-10-16 23.01.010; 5.10 Comprehensive Plan Amendment to add an exception to Statewide Planning Goal 11 to allow sewers in unincorporated lands in Southern Deschutes County 2016 -005 11-28-16/2-16-17 23.01.010, 2.2, 3.3 Comprehensive Plan Amendment recognizing non - resource lands process allowed under State law to change EFU zoning 2016-022 9-28-16/11-14-16 23.01.010, 1.3, 4.2 Comprehensive plan Amendment, including certain property within City of Bend Urban Growth Boundary 2016-029 12-14-16/12/28/16 23.01.010 Comprehensive Plan Map Amendment, changing designation of certain property from, Agriculture to Rural Industrial 2017-007 10-30-17/10-30-17 23.01.010 Comprehensive Plan Map Amendment, changing designation of certain property from Agriculture to Rural Residential Exception Area 2018-002 1-3-18/1-25-18 23.01, 2.6 Comprehensive Plan Amendment permitting churches in the Wildlife Area Combining Zone 3 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY EXHIBIT "E" TO ORDINANCE NO. 2019-004 2018-006 8-22-18/11-20-18 23.01.010, 5.8, 5.9 Housekeeping Amendments correcting tax lot numbers in Non -Significant Mining Mineral and Aggregate Inventory; modifying Goal 5 Inventory of Cultural and Historic Resources 2018-011 9-12-18/12-11-18 23.01.010 Comprehensive Plan Map Amendment, changing designation of certain property from Agriculture to Rural Residential Exception Area 2018-005 9-19-18/10-10-18 23.01.010, 2.5, Tumalo Community Plan, Newberry Country Plan Comprehensive Plan Map Amendment, removing Flood Plain Comprehensive Plan Designation; Comprehensive Plan Amendment adding Flood Plain Combining Zone purpose statement. 2018-008 9-26-18/10-26-18 23.01.010, 3.4 Comprehensive Plan Amendment allowing for the potential of new properties to be designated as Rural Commercial or Rural Industrial 2019-002 1-2-19/4-2-19 23.01.010, 5.8 Comprehensive Plan Map Amendment changing designation of certain property from Surface Mining to Rural Residential Exception Area; Modifying Goal 5 Mineral and Aggregate Inventory; Modifying Non - Significant Mining Mineral and Aggregate Inventory 2019-001 1-16-19/4-16-19 1.3, 3.3, 4.2, 5.10, 23.01 Comprehensive Plan and Text Amendment to add a new zone to Title 19: Westside Transect Zone. DESCHUTES COUNTY COMPREHENSIVE PLAN - 201 1 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY EXHIBIT "E" TO ORDINANCE NO. 2019-004 4 2019-003 TBD/TBD 23.01.010, 4.2 Comprehensive Plan Map Amendment changing designation of certain property from Agriculture to Redmond Urban Growth Area for the Large Lot Industrial Program 2019-004 TBD/TBD 23.01.010, 4.2 Comprehensive Plan Map Amendment changing designation of certain property from Agriculture to Redmond Urban Growth Area for the expansion of the Deschutes County Fairgrounds and relocation of Oregon Military Department National Guard Armory. 5 DESCHUTES COUNTY COMPREHENSIVE PLAN - 201 I CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY EXHIBIT "E" TO ORDINANCE NO. 2019-004 FILE NUMBERS: HEARING: APPLICANT/OWNER: APPLICANT'S AGENT: PROPOSAL: STAFF REVIEWER: HEARINGS OFFICER: DESCHUTES COUNTY HEARINGS OFFICER DECISION 247 -18 -000752 -PA November 27, 2018, 6:00 p.m. Barnes & Sawyer Rooms Deschutes Service Center 1300 NW Wall Street Bend, OR 97708 John Swanson, Real Property Planner Department of State Lands 775 Summer Street NE, Ste. 100 Salem, OR 97301-1279 Matt Hastie Angelo Planning Group 921 SW Washington Street, Ste. 468 Portland, OR 97205 The applicant is proposing to amend the Urban Growth Boundary (UGB)forthe City of Redmond to allow for the expansion of the existing Deschutes County Fairgrounds and Oregon Military Department's National Guard Armory. The applicant requests approval of a Comprehensive Plan amendment to redesignate a 160 -acre portion of the property from Agriculture to Redmond Urban Growth Area. The applicant has submitted a related application (247-18-000751) associated with the remaining 789 acres of the property. Nicole Mardell, Associate Planner Nicole.Mardell@deschutes.org, 541-317-3157 Dan R. Olsen The following decision adopts the Staff Report, including staffs conclusions regarding the applicable standards and criteria, with minor substantive revisions and edits. Substantive revisions are noted as Hearings Officer. I. APPLICABLE STANDARDS AND CRITERIA: Title 18, Deschutes County Zoning Ordinance Title 22, Deschutes County Development Procedures Ordinance EXHIBIT F TO ORDINANCE NO. 2019-004 Title 23, Deschutes County Comprehensive Plan Chapter 1, Comprehensive Planning Chapter 2, Resource Management Chapter 4, Urban Growth Management Oregon Administrative Rules (OAR), Chapter 660 Division 12, Transportation Division 15, Statewide Planning Goals and Guidelines Division 18, Post -Acknowledgement Amendments Division 24, Urban Growth Boundaries Oregon Revised Statutes (ORS) 197A - Comprehensive Land Use Planning II Amendment of Urban Growth Boundaries Outside Metro II. FINDINGS OF FACT: A. LOCATION: The property is located at 4800 SW 19th Street, Redmond and is identified on Deschutes County Assessor's Map 15-13 as Tax Lot 130. The entire property, referred to as the South Redmond Tract in the application materials, is 949 acres in size. The focus of this application is the northeastern 160 acres of the property ("Subject Property"), as shown in the map below. Figure 1. Site Map Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 2 of 55 B. LOT OF RECORD: Per DCC 22.04.040 Verifying Lots of Record, lot of record verification is required for certain permits: B. Permits requiring verification 1. Unless an exception applies pursuant to subsection (B)(2) below, verifying a lot parcel pursuant to subsection (C) shall be required to the issuance of the following permits: a. Any land use permit for a unit of land in the Exclusive Farm Use Zones (DCC Chapter 18.16), Forest Use Zone - F1 (DCC Chapter 18.36), or Forest Use Zone - F2 (DCC Chapter 18.40); b. Any permit for a lot or parcel that includes wetlands as show on the Statewide Wetlands Inventory; c. Any permit for a lot or parcel subject to wildlife habitat special assessment; d. In all zones, a land use permit relocating property lines that reduces in size a lot or parcel' e. In all zones, a land use, structural, or non -emergency on-site sewage disposal system permit if the lot or parcel is smaller than the minimum area required in the applicable zone; In the Powell/Ramsey (PA -14-2, ZC-14-2) hearings officer decision, the Hearings Officer held to a prior Zone Change Decision (Belveron ZC-08-04) that a property's lot of record status was not required to be verified as part of a plan amendment and zone change application. Rather, the applicant would be required to receive lot of record verification prior to any development on the subject property. Therefore this criterion is not applicable. C. PROPOSAL: The applicant requests approval of a Comprehensive Plan Map Amendment to redesignate 160 acres of the South Redmond Tract from Agriculture to Redmond Urban Growth Area. The purpose of the request is to amend the City of Redmond's Urban Growth Boundary to allow for the expansion of the existing Deschutes County Fairgrounds and Oregon Military Department's National Guard Armory. The applicant has submitted a separate request for a Large Lot Industrial application (247 -18 -000751 -PA) for the remainder of the property. The public hearings for each proposal will take place on the same evening, but are to be reviewed individually. D. ZONING AND PLAN DESIGNATIONS: The property is zoned Exclusive Farm Use - Alfalfa subzone and is designated on the Comprehensive Plan map as Agriculture. E. SITE DESCRIPTION: The subject property encompasses approximately 160 acres and is located immediately south and east of the City of Redmond's Urban Growth Boundary and City Limits. The property is bordered by the Burlington Santa Fe Railroad to the west and receives access from SW Elkhorn Avenue to the north. The property is vacant, is not in farm tax deferral and does not contain any irrigation water rights or irrigated area. The property is generally level in topography with scatter rock outcroppings and contains juniper and sagebrush throughout. Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 3 of 55 F. SURROUNDING LAND USES: Land uses surrounding the subject property vary. To the south and east of the subject property are Targe tracts of land owned by the Bureau of Land Management (BLM) which are currently vacant. To the west of the subject property is Juniper Golf Course, vacant land owner by the State of Oregon, Mountain View Mobile Home Park, a few residential parcels, and larger EFU-zoned parcels farther west of the subject property. To the northeast of the property is the Redmond Municipal Airport and vacant land owned by the City of Redmond. To the north of the property is the Deschutes County Fairgrounds and a variety of smaller parcels zoned for commercial, industrial, or residential use. G. SOILS: According to Natural Resources Conservation Service (NRCS) maps of the area, the subject property contains three different soil types, as described below. 33B, Deschutes-Houstake complex, 0 to 8 percent slopes: This soil complex is composed of 50 percent Deschutes soil and similar inclusions, 35 percent Houstake soil and similar inclusions and 15 percent contrasting inclusions. The Deschutes soils are well drained with a moderately rapid permeability, and about 3.7 inches of available water capacity. Houstake soils are well drained with a moderate permeability, and about 7 inches of available water capacity. Major uses of this soil type are irrigated cropland and livestock grazing. The agricultural capability rating for 33B soils are 3E when irrigated, and 6E when not irrigated. This soil is high-value when irrigated. Approximately thirty-three (33) percent of the entire property is made up of this soil type. 35B, Deschutes-Stukel complex, dry, 0 to 8 percent slope: This soil complex is composed of 50 percent Deschutes soil and similar inclusions, 35 percent Stukel soil and similar inclusions, and 15 percent contrasting inclusions. The Deschutes soils are well drained with a moderately rapid permeability, and about 7 inches of available water capacity. The Stukel soils are well drained with moderately rapid permeability and about 2.2 inches of available water capacity. Major uses of this soil type are irrigated cropland and livestock grazing. The agricultural capability rating for 35B soils are 4E when irrigated, and 6E when not irrigated. This soil is high-value when irrigated. Approximately eight (8) percent of the entire property is made up of this soil type. 142B, Stukel-rock outcrop - Deschutes complex, 0 to 8 percent slopes: This soil type is comprised of 35 percent Stukel soil and similar inclusions, 30 percent rock outcrop, 20 percent Deschutes soil and similar inclusions, and 15 percent contrasting inclusions. Stukel soils are well drained with moderately rapid permeability. The available water capacity is about 2 inches. Deschutes soils are well drained with moderately rapid permeability. Available water capacity is about 3.7 inches. The major use for this soil type is livestock grazing. The Stukel soils have ratings of 6E when unirrigated, and no rating when irrigated. The rock outcrop has a rating of 8, with or without irrigation. The Deschutes soils have ratings of 6E when unirrigated, and no rating when irrigated. Approximately fifty-nine (59) percent of the entire property is made up of this soil type. H. PUBLIC AND AGENCY COMMENTS: The Planning Division mailed notice of the application Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 4 of 55 and notice of the public hearing to neighboring property owners and the following agencies: Bureau of Land Management, Oregon Department of Transportation, City of Redmond, State of Oregon, and Department of Land Conservation and Development. No comments were received prior to the close of the record. Staff consulted Peter Russell, Deschutes County Senior Transportation Planner in reviewing the Transportation Memorandum provided in the Burden of Proof. Mr. Russell's comments are found under the OAR 660- Division 12 Transportation Planning analysis. 1. NOTICE REQUIREMENT: The applicant complied with the posted notice requirements of Section 22.23.030(B) of Deschutes County Code (DCC) Title 22. The applicant submitted a Land Use Action Sign Affidavit, dated October 10, 2018 indicating the applicant posted notice of the land use action on the property on that same date. On October 30, 2018, the Planning Division mailed a Notice of Public Hearing to all property owners within 750 feet of the subject property. A Notice of Public Hearing was published in the Bend Bulletin on Sunday, November 4, 2018. Notice of the first evidentiary hearing was submitted to the Department of Land Conservation and Development on October 16, 2018. J. REVIEW PERIOD: The application was submitted on September 12, 2018. The application was deemed complete October 15, 2018. According to Deschutes County Code 22.20.040(D), the review of the proposed quasi-judicial Plan Amendment application is not subject to the 150 -day review period. K. LAND USE HISTORY: The South Redmond Tract is owned by the Oregon Department of State Lands (DSL) for the exclusive benefit of the Common School Fund (CSF). Revenues generated by the land are dedicated to the support of K-12 public schools throughout the state. According to the applicant, in October 2008 the State Land Board, which oversees DSL, adopted the South Redmond Tract Land Use and Management Plan (Plan). The Plan set out a concept for urban development of the Tract that is consistent with state land use law, advances DSL's mission to maximize revenue for the CSF, and benefits the local community and regional economy of Central Oregon. Prior to 2007 the subject property was owned and managed by the U.S. Bureau of Land Management (BLM). Previous land use actions associated with the subject property are: • 247-SP0750-PL (2007): Site plan review for the removal and replacement of utility poles. • 247-PS1240-PL (2012): Land Use Compatibility Statement (LUCS) for an Outdoor Mass Gathering - Tough Mudder Race. • 247 -14 -000158 -LL, 159 -LL, and 160 -LL (2014): Application for a property line adjustment between four legal lots of record. Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 5 of 55 • 247 -18 -000631 -PS: Land Use Compatibility Statement (LUCS) for the Redmond Turkey Trot road race. L. HEARING: Hearings Officer: At the outset of the hearing I provided the statutorily required notices. I noted that I had no conflicts of interest, had received no ex parte contacts and had not conducted a site visit. I explained the right to a continuance or extension of the open record period, but no such request was made. Matt Hastie, Angelo Planning Group, testified for the applicant, including explaining how the potential future transportation impacts will be addressed. James Lewis, Deschutes County Property Manager testified in favor, noting that the current fairgrounds is turning away events and that the County will be acquiring the property in an exchange for county owned industrial land. There was no other testimony. Staff introduced into the record the 2007 Agreement between the City of Redmond and Deschutes County governing land use matters within the Redmond Unincorporated Urban Growth Area and the Redmond Urban Reserve Area. The Agreement was adopted pursuant to ORS Chapter 190. Among other things it designates Deschutes County as the entity with authority to process and decide amendments to the Redmond Urban Growth Boundary and amendments to the County comprehensive plan, plan map, zoning map and regulations until such time as property is brought within the Redmond Urban Growth Boundary, subject to approval by the Redmond City Council. (Hearing Ex. 1) As with the companion application (247-18-000751), the City of Redmond concurrently is processing the related city land use applications, culminating in a joint public hearing at which the Redmond City Council and Deschutes County Board of Commissioners will make their respective final decisions on the applications. 111. FINDINGS AND CONCLUSIONS - APPROVAL CRITERIA TITLE 18 OF THE DESCHUTES COUNTY CODE - ZONING ORDINANCE A. Chapter 18.136, Amendments 1. Section 18.136.010, Amendments DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for text or legislative map changes shall be as set forth in DCC 22.12. A request by a property owner for a quasi-judicial map amendment shall be accomplished by filing an application on forms provided by the Planning Department and shall be subject to applicable procedures of DCC Title 22. Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 6 of 55 FINDING: The applicant, also the property owner, has requested and filed an application for a quasi- judicial plan amendment in accordance with County policies and applicable procedures of DCC Title 22. TITLE 23 OF THE DESCHUTES COUNTY CODE - COMPREHENSIVE PLAN Chapter 1, Comprehensive Planning Section 1.3 Land Use Planning Goal 1. Maintain an open and public land use process in which decisions are based on the objective evaluation of facts. FINDING: The proposed plan amendment is being processed as a quasi-judicial application with opportunities for public input before a County Hearings Officer and the Board of County Commissioners. Staff adhered to the notice requirements within Title 22 - Deschutes County Procedures Ordinance. Additionally, the City of Redmond is processing a concurrent application to annex, rezone, and master plan the property which will include additional opportunities for public input. This goal is met. Goal 2. Promote regional cooperation and partnerships on planning issues. FINDING: The applicant has a long history of coordination with the City of Redmond, Deschutes County, and other agencies leading to the submittal of this application. Within the burden of proof, the applicant details this history: • All affected regional agencies and stakeholders were involved in the South Redmond Tract Land Use and Management Plan, which designated the northern portion of the tract for the public facility uses proposed in this amendment. At the inception of the project, DSL engaged partner agencies including OPRD, Oregon Department of Transportation (ODOT), City of Redmond, Deschutes County, and Economic Development for Central Oregon (EDCO). The plan was developed through a regional task force, the South Redmond Collaborative Planning Group, supported by a regional partnership known as the Central Oregon Economic Revitalization Team, and input was sought from the DLCD and Oregon Economic and Community Development Department (OECDD). • Visit Bend, the regional tourism agency, funded feasibility study for the Multi -Purpose Athletic and Events Center facility that informs the proposed development program for that site. • The City of Redmond and Deschutes County are conducting a joint land use review and public hearing process to concurrently review proposed amendments to the UGB, the County Comprehensive Plan and the City's zoning map. As part of this process, the City and County conducted a joint pre -proposal conference with the applicant and the applicant (DSL) has continued to coordinate regularly with City and County staff in regards to the proposed amendments. Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 7 of 55 • As part of a separate but related set of land use amendments associated with the adjacent proposed Large Lot Industrial site, the City and DSL have coordinated closely the COIC and Deschutes County staff regarding proposed plans for that site and its relationship to the proposed public facility uses. • City and County staff and the DSL representatives have coordinated closely with ODOTstaff in regards to analysis of transportation impacts associated with the proposed land use applications, including approaches for modeling impacts, potential mitigation associated with those impacts and consistency with the Oregon Transportation Planning Rule and other state transportation requirements. • DSL representatives have consulted with representatives of DLCD regarding consistency with state requirements associated with UGB amendments, including those intended to support the Central Oregon LLI program and associated administrative rules. • DSL representatives have coordinated with other state agencies partners including the Oregon Military Department and Oregon Parks and Recreation Department in regards to future land exchanges or agency facilities within or adjacent to the subject property. Staff finds that the applicable has demonstrated the cooperation and partnership among regional stakeholders. This goal is met. Goal 3. Manage County owned lands efficiently, effectively, flexibly and in a manner that balances the needs of County residents. FINDING: The purpose of the proposed text amendment is to allow for an exchange of land resulting in the conveyance of a 160 -acre portion of the subject property from the Department of State Lands to Deschutes County. The property will be used to expand the County's Fairgrounds, including a new Multi -Purpose Athletic and Events Center, as well as providing a relocation site for the Oregon Military Department's National Guard Armory. Within the burden of proof, the applicant stated County residents will be served by these facilities as they will provide needed recreation facilities. Additionally, the Armory will provide additional public service benefits to the community. This goal is met. Chapter 2, Resource Management Section 2.2 Agricultural Lands Policies Goal 1. Preserve and maintain agricultural lands and the agricultural industry. Policy 2.2.1 Retain agricultural lands through Exclusive Farm Use zoning. Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 8 of 55 Policy 2.2.2 Exclusive Farm Use sub -zones shall remain as described in the 1992 Farm Study and shown in the table below, unless adequate legal findings for amending the sub -zones are adopted or an individual parcel is rezoned as allowed by Policy 2.2.3. FINDING: The majority of the discussion surrounding agricultural land and the applicant's legal argument (per policy 2.2.2) is found in the findings for Statewide Planning Goal 3, Agricultural Land. Staff notes that this application is unique, in that the request follows a needs based assessment conducted on a regional scale for the expansion of the Fairgrounds and military site. Policy 2.2.3 Allow Comprehensive Plan and Zoning Map amendments for individual EFU parcels as allowed by State Statute, Oregon Administrative Rules and this Comprehensive Plan. FINDING: Staff notes that this application is unique in that the applicant is pursuing a needs -based UGB adjustment to accommodate a public facility use. Compliance with State Statute, Oregon Administrative Rules, and further sections of the Deschutes Country Comprehensive Plan are addressed in this decision. This provision is met. Policy 2.2.4 Develop comprehensive policy criteria and code to provide clarity on when and how EFU parcels can be converted to other designations. Policy 2.2.5 Uses allowed in Exclusive Farm Use zones shall comply with State Statute and Oregon Administrative Rule. FINDING: The applicant is requesting approval of a plan amendment to redesignate the subject property as Redmond Urban Growth Area, and in doing so will amend the City of Redmond's Urban Growth Boundary. This application does not rezone the subject property. The applicant is pursuing a subsequent application process through the City of Redmond to annex, rezone, and master plan the property to Fairgrounds (FG) and Public Facility (PF). Staff finds this policy is not applicable to the application at hand. Section 2.4 Goal 5 Overview Policies Goal 1. Protect Goal 5 resources FINDING: In the burden of proof, the applicant states that the subject property does not contain any identified open spaces or natural, scenic, cultural, or historic resources identified in the Comprehensive Plan. Staff confirms that the property does not contain any inventoried Goal 5 resources, therefore this goal does not apply. Section 2.7 Open Spaces, Scenic Views and Sites Policies Goal 1. Coordinate with property owners to ensure protection of significant open spaces and scenic views and sites. Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 9 of 55 FINDING: As stated above, the subject property does not contain any identified open spaces or natural, scenic, cultural, or historic resources identified in the Comprehensive Plan. Therefore this goal does not apply. Section 2.8 Energy Policies Goal 1. Promote energy conservation. Goal 2. Promote affordable, efficient, reliable and environmentally sound energy systems for individual home and business consumers. Goal 3. Promote affordable, efficient, reliable and environmentally sound commercial energy facilities. FINDING: The applicant addresses compliance with energy policy and conservation goals in their response to Statewide Planning Goal 13 - Energy Conservation, detailed below. Section 2.9 Environmental Quality Goal 1. Maintain and improve the quality of the air, water and land. Goal 2. Promote sustainable building practices that minimize the impacts on the natural environment. FINDING: The applicant addresses compliance with environmental quality goals in their response to Statewide Planning Goal 6 - Air, Water and Land Resources Quality, detailed below. Chapter 4, Urban Growth Management Section 4.2 Urbanization Policies Goal 1. Coordinate with cities, special districts and stakeholders to support urban growth boundaries and urban reserve areas that provide an orderly and efficient transition between urban and rural lands. Policy 4.2.1 Participate in the processes initiated by cities in Deschutes County to create and or amend their urban growth boundaries. FINDING: As referenced above, the applicant provided a detailed history of the significant collaboration among Deschutes County, City of Redmond, Department of State Lands, Oregon Parks and Recreation, Oregon Department of Transportation, and Economic Development for Central Oregon (EDCO), as well as others. The City and County are conducting simultaneous land use reviews for the subject property to ensure all requirements are accurately addressed prior to approval. Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 10 of 55 Goal 2. Coordinate with cities, special districts and stakeholders on urban growth area zoning for lands inside urban growth boundaries but outside city boundaries. Goal 3. Coordinate with cities, special districts and stakeholders on policies and zoning for lands outside urban growth boundaries but inside urban reserve areas. FINDING: These goals relate to properties designated within Urban Growth Boundaries and outside of city boundaries or vice versa. The applicant proposes to amend the City of Redmond's Urban Growth Boundary to include the subject property, while also annexing the property into the City of Redmond, per the concurrent City of Redmond review process. Therefore, these criteria do not apply. Goal 4. To build a strong and thriving regional economy by coordinating public investments, policies and regulations to support regional and state economic development objectives in Central Oregon. FINDING: The applicant provides the following response to this criteria within the burden of proof: Economic development is not the primary purpose for this proposed amendment; however, several of the Fairgrounds facilities planned under this amendment will generate economic activity and employment opportunities by attracting visitors and supporting tourism within the city and region. The proposed facilities will support regional and state economic development objectives to increase tourism. Additionally, the facilities will share infrastructure with a large lot industrial site directly to the south that is associated with the Central Oregon Large Lot Industrial lands program, a regional economic development initiate. More information about the economic impacts of this amendment is provided under Statewide Planning Goal 9 below. Staff agrees that expansion of the fairgrounds and coordination with the Targe lot industrial site are aligned with the goal above and support the regional and state development objectives for the region. This goal is met. OREGON ADMINISTRATIVE RULES CHAPTER 660 LAND CONSERVATION AND DEVELOPMENT DEPARTMENT Division 24, Urban Growth Boundaries OAR 660-024-0020 Adoption or Amendment of a UGB (1) All statewide goals and related administrative rules are applicable when establishing or amending a UGB, except as follow: (a) The exceptions process in Goal 2 and OAR chapter 660, division 4, is not applicable unless a local government chooses to take an exception to a particular goal requirement, for example, as provided in OAR 660-004-0010(1); FINDING: The proposal does not seek any goal exceptions, therefore this provision does not apply. (b) Goals 3 and 4 are not applicable; Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 11 of 55 FINDING: Goals 3 and 4 are not applicable. (c) Goal 5 and related rules under OAR chapter 660, division 23, apply only in areas added to the UGB, except as required under OAR 660-023-70 and 660-023-025; FINDING: The subject property does not contain any Goal 5 resources listed in the Deschutes County Comprehensive Plan, therefore this goal does not apply. (d) The transportation planning rule requirements under OAR 660-012-0060 need not be applied to a UGB amendment if the land added to the UGB is zoned as urbanizable land, either by retaining the zoning that was assigned prior to inclusion in the boundary or by assigning interim zoning that does not allow development that would generate more vehicle trips than development allowed by the zoning assigned prior to inclusion in the boundary; FINDING: The applicant has applied for a concurrent review with the City of Redmond. Pending the outcome of this UGB amendment application, the applicant plans to rezone the property to Fairgrounds (FG) and Public Facilities (PF) within the City of Redmond Zoning Code. Therefore these requirements do not apply. Additional analysis for compliance with Transportation Planning Rule and Goal 12 are found below. (e) Goal 15 is not applicable to land added to the UGB unless the land is within the Willamette River Greenway Boundary; (f) Goals 16 to 18 are not applicable to land added to the UGB unless the land is within a coastal shorelands boundary; (g) Goal 19 is not applicable to a UGB amendment FINDING: The subject property is not located within the Willamette River Greenway Boundary nor a coastal shorelands boundary. Goal 19 does not apply to UGB amendments. Therefore Goals 15- 19 do not apply to this application. (2) The UGB and amendments to the UGB must be shown on the city and county plan and zone maps at a scale sufficient to determine which particular lots or parcels are included in the UGB. Where a UGB does not follow lot or parcel lines, the maps must provide sufficient information to determine the precise UGB location. FINDING: The applicant has provided maps within the burden of proof denoting the specific boundary lines and parcels in which the UGB is proposed to be adjusted. This provision is met. OAR 660-024-0040, Land Need (3) A local government may review and amend the UGB in consideration of one category of land need (for example, housing need) without a simultaneous review and amendment in consideration of other categories of land (for example, employment need). Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 12 of 55 FINDING: The applicant is proposing to amend the UGB in consideration of one land category need - public facilities. No other land needs are addressed as part of this application. This provision is met. (5) Except for a metropolitan service district described in ORS 197.015(13), the determination of 20 year employment land need for an urban area must comply with applicable requirements of Goal 9 and OAR chapter 660, division 9, and must include a determination of the need for a short-term supply of land for employment uses consistent with 660-009-0025. Employment land need may be based on an estimate of job growth over the planning period; local government must provide a reasonable justification for the job growth estimate but Goal 14 does not require that job growth estimates necessarily be proportional to population growth. Local governments in Crook, Deschutes orJefferson Counties may determine the need for Regional Large -Lot Industrial Land by following the provisions of 660-024-0045 for areas subject to that rule. (6) Cities and counties may jointly conduct a coordinated regional EOA for more than one city in the county or for a defined region within one or more counties, in conformance with Goal 9, OAR chapter 660, division 9, and applicable provisions of ORS 195.025. A defined region may include incorporated and unincorporated areas of one or more counties. FINDING: The purpose of the application is to accommodate the need for specific public facilities, expansion of the existing Deschutes County Fairgrounds and relocation of the Oregon Military Department's National Guard Armory site. Although additional employment may be generated by the application, it is not the primary purpose of the amendment. Therefore these requirements do not apply. (7) The determination of 20 year land needs for transportation and public facilities for an urban area must comply with applicable requirements of Goals 11 and 12, rules in OAR chapter 660, divisions 11 and 12, and public facilities requirements in ORS 197.712 and 197.768. The determination of school facility needs must also comply with 195.110 and 197.296 for local governments specified in those statutes. FINDING: The application is for public facilities, but not those defined by OAR 660-011-0005(5) subject to Goal 11 (water, sewer, transportation). Rather the application is for facilities to be used for a public purpose. The applicant is not proposing a school facility as part of the application. Therefore these requirements do not apply. (8) The following safe harbors may be applied by a local government to determine housing need under this division... (9) The following safe harbors may be applied by a local government to determine its employment needs for purposes of a UGB amendment under this rule, Goal 9, OAR chapter 660, division 9, Goal 14 and, if applicable, ORS 197.296... Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 13 of 55 FINDING: The provisions above relate to proposals addressing employment or housing needs. As the applicant is proposing an amendment related to a need for public facilities, these requirements do not apply. (10) As a safe harbor during periodic review or other legislative review of the UGB, a local government may estimate that the 20 year land needs for streets and roads, parks and school facilities will together require an additional amount of land equal to 25 percent of the net buildable acres determined for residential land needs under section (4) of this rule, and in conformance with the definition of "Net Buildable Acre" as defined in OAR 660-024-0010(6). FINDING: The proposal targets facilities needed for the existing Deschutes County Fairgrounds and relocation of the Oregon Military Department's National Guard Armory. As the proposal does not incorporate the addition of facilities specifically for streets, roads, parks, or schools, this provision does not apply. OAR 660-024-0050, Land Inventory and Response to Deficiency (1) When evaluating or amending a UGB, a local government must inventory land inside the UGB to determine whether there is adequate development capacity to accommodate 20 year needs determined in OAR 660-024-0040. For residential land, the buildable land inventory must include vacant and redevelopable land, and be conducted in accordance with OAR 660-007-0045 or 660-008-0010, whichever is applicable, and ORS 197.296 for local governments subject to that statute. For employment land, the inventory must include suitable vacant and developed land designated for industrial or other employment use, and must be conducted in accordance with OAR 660-009-0015. FINDING: The proposal will not impact the buildable land inventory related to residential or employment development as it is addressing a site specific, public facility need. The analysis regarding the existing UGB's land inventory to meet the available need is found in section (4) below. (4) If the inventory demonstrates that the development capacity of land inside the UGB is inadequate to accommodate the estimated 20 year needs determined under OAR 660- 024-0040, the local government must amend the plan to satisfy the need deficiency, either by increasing the development capacity of land already inside the city or by expanding the UGB, or both, and in accordance with ORS 197.296 where applicable. Prior to expanding the UGB, a local government must demonstrate that the estimated needs cannot reasonably be accommodated on land already inside the UGB. If the local government determines there is a need to expand the UGB, changes to the UGB must be determined by evaluating alternative boundary locations consistent with Goal 14 and applicable rules at OAR 660-024-0060 or 660-024-0065 and 660-024-0067. FINDING: The applicant is seeking approval to amend the City of Redmond's UGB to meet the need for specific public facilities that cannot be accommodated within the existing UGB. As the proposal includes three different uses, the applicant provided analysis for three distinct sites, each with an Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 14 of 55 individual set of site characteristics, to best analyze compliance with this requirement. The applicant provided the following information in the burden of proof: Site Characteristics - Fairgrounds Expansion • Fairgrounds Expansion Site. There is a need to expand three existing facilities on the Fairgrounds: the RV Park, the 4-H facilities, and the OHV track facilities. In total, 50 acres of vacant and developable land is needed to accommodate these facilities. Each of these facilities are required to be directly adjacent to each respective, existing facility to accommodate the need for expansion. Site Characteristics - Multi- Purpose Athletic and Events Center Site • Multi -Purpose Athletic and Events Center Site. The Multi -Purpose Athletic and Events Center is a new County facility. The complex is not strictly required to be adjacent to the existing Fairgrounds, but this location would provide many efficiencies that would enable the facility to operate more effectively. This application evaluates alternative locations that could provide the required site characteristics for the complex, pursuant to Goal 14 requirements. The site must include 100 acres of vacant and developable land, as determined through the County's feasibility study... 1. Needed zoning designation. If within the existing UGB, the site must be in one of the following zones: Fairgrounds, Open Space Park Reserve (OSPR), Park, Public Facility, or specific Commercial zones (C-1, C-2, C-4, and C-5). These are the only zones that allow for the full range of uses that are proposed for the site. The use categories of the Redmond Development Code that match the proposed uses for the site are "Recreational Facilities" and "Arena for Indoor Sport Events': These uses are not permitted in Residential, Mixed - Use, Industrial, or Airport zones. These uses are also not permitted in the UH -10 zone, which is intended primarily for future urban residential development, as identified in the Redmond Framework Plan. 2. Outside URAs. If outside the UGB, the site must not be in a Redmond Urban Reserve Area (URA). City of Redmond URAs are designated to meet future residential and employment needs, as identified in the Redmond Framework Plan. The 2005 Redmond Urbanization Report, the analysis that informed the Framework Plan and the associated UGB amendment, found there was a need for 1,985 acres of land to meet the needs for residential and employment land and associated public facilities between 2003 and 2025.9 The adopted UGB expansion added 2,299 acres of land that is designated under the city of Redmond's URAs. The large size of the Multi -Purpose Athletic and Events Center, at 100 acres, could potentially consume land that needed to meet future residential and employment demand. 3. Conflicts with residential uses. The site must not be adjacent to existing residential use zones or to areas planned for future residential uses in URAs, as identified in the Redmond Framework Plan or other subarea plan. The Multi -Purpose Athletic and Events Center is Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 15 of 55 not suitable for a location adjacent to residential areas due to the livability impacts of a large complex that hosts ongoing events, including traffic generation, noise, and outdoor lighting. 4. No more than three separate, contiguous parcels. The Multi -Purpose Athletic and Events Center may be developed on a site made up of multiple parcels. However, it would be impractical to attempt to assemble more than three lots under separate owners given varying interests, demands, and willingness to sell on the part of the property owners. Therefore, the analysis will be limited to sites that are over 100 acres in size but include no more than three contiguous parcels. Site Characteristics - Oregon Military Department Armory Relocation Site • OMD Armory Relocation Site. The primary purpose for the relocation of the OMD armory is to provide direct access to the Biak Training Area. The site must include 20 acres of vacant and developable land. Three additional site characteristics are required for the facility, as described below: 1. Direct access. As described in the Section 2.2.2 of this report, OMD needs direct access to the training grounds to avoid potential conflicts with general traffic on local streets. Therefore, the relocation site needs to be adjacent to the boundaries or the Biak Training area or accessible to the training area via a private easement through land not planned for future urban development. 2. Zoning. If within the UGB, the site should be in a Public Facilities, OSPR, or Park zone to prevent potential land use conflicts with other uses. 3. Outside URAs. If outside the UGB, the site must not be in a Redmond Urban Reserve Area (URA). As described above in relation to the Multi -Purpose Athletic and Events Center, URAs are designated to meet future residential and employment needs, as identified in the Redmond Framework Plan. The applicant then went on to detail land options within the existing UGB that could suit the needs identified in the characteristics above. As described below, no areas within the existing UGB could accommodate the specific needs for each of the three sites. Land Inventory - Fairgrounds Expansion • The only sites within the existing UGB and directly adjacent to the existing Fairgrounds are the Airport to the north and industrial areas to the north and west. No vacant sites in this area meet the size requirement of 50 acres. Land Inventory - Multi -Purpose Athletic and Events Center • No sites located in the specific zones are large enough to accommodate the 100 -acre site. No Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 16 of 55 sites in the Park, Public Facility, or specified Commercial zones contain fewer than three contiguous parcels that total at least 100 acres. One site in the OSPR zone is approximately 99 acres in total size; however, a significant portion of the site is not suitable for development. Approximately 12 acres of the area is located within a Runway Protection Zone (RPZ) of the Deschutes County Airport Safety Overlay; development is significantly constricted within an RPZ. Additional, the site includes Goal 5 resource areas, further limiting development. Land Inventory - OMD Relocation Site • The Biak Training Area is located east and south of the existing UGB, on lands owned and managed by BLM (see Exhibit G for a map of the training area boundary). No sites on the eastern or southern boundary of the existing UGB, which could potentially provide direct access to the training area, are designated for the specified zones. These areas are zoned for residential, industrial, commercial, and airport uses. Additionally, most areas north of Highway 126 will be separated from the Biak Training Area by future urban development in the Eastside Framework Plan area. If the facility were located west of this plan area—within the existing UGB future urban development to the east would interfere with direct access to the training area. As no sites within the existing UGB meet the zoning and access requirements for the facility, the site must be located outside the UGB. The applicant found that no lands within the existing UGB could accommodate the use, and therefore evaluated alternative boundary locations outside the UGB, discussed in findings for OAR 660-024-0065 and 0067 below. This provision is met. A map of the existing UGB boundary is shown in Figure 2. Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 17 of 55 c,.G Redmond UGB ® " Highway - Arterial — Collector Zoning Airport Camm.crcia€ (C1C5) idixed-Use Lire -Work (IMOLAI Industrial i:M3.-M2i Public Facilities (PFt Fairgrounds(FG) Open Space Con2ervation iOSCI Open Space Park Rosen.* iOSPR} Park Residential iR1.R5i Urban Holding IUH1O1 Flood Plair;FP1 Labeled numbers are the sire of texlot (acres) Taxlois smaller than 20 acres not labeled 22 20 24 42 34 WY 126 Figure 2 - Existing UGB Lands Analyzed 69 38 106 26 3s BIAIS TRAINING AREA t5EE EXHIBIT G) • 1601 ...,...:a4 I.. i105 =_66 • • 678 • 36 236 24 41 31 37 43 27 62 COUNTY FAIRGROUNDS 288 AI • w • • ••••h•u•••►,••U••IP • BIAK TRAINING AREA I(SEE EXHIBIT G) Air 173 • • • t ou•Oammo 171 • •m.. i saes; 2847 ; Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 0 0 70 43 Miles Page 18 of 55 (5) In evaluating an amendment of a UGB submitted under ORS 197.626, the director or the commission may determine that a difference between the estimated 20 year needs determined under OAR 660-024-0040 and the amount of land and development capacity added to the UGB by the submitted amendment is unlikely to significantly affect land supply or resource land protection, and as a result, may determine that the proposed amendment complies with section (4) of this rule. FINDING: The applicant is proposing to amend the UGB to include the 160 -acre portion of the property for public facilities. As the amount of land proposed for the adjustment is equal to the identified land need for the specific facilities, this provision does not apply. (6) When land is added to the UGB, the local government must assign appropriate urban plan designations to the added land, consistent with the need determination and the requirements of section (7) of this rule, if applicable. The local government must also apply appropriate zoning to the added land consistent with the plan designation or may maintain the land as urbanizable land until the land is rezoned for the planned urban uses, either by retaining the zoning that was assigned prior to inclusion in the boundary or by applying other interim zoning that maintains the land's potential for planned urban development. The requirements of ORS 197.296 regarding planning and zoning also apply when local governments specified in that statute add land to the UGB. FINDING: The applicant has applied for a concurrent application with the City of Redmond. Pending approval of the UGB amendment, the applicant seeks to rezone and redesignate the Fairgrounds expansion portion of the site (shown in Figure 1) to Fairgrounds (FG) under the City of Redmond Code. The proposed uses are consistent with the requirements of that zone. Additionally, the applicant seeks to rezone and redesignate the OMD facility (shown in Figure 1) as Public Facilities (PF). A military site is an allowed use in this zone. This provision is met. (7) Lands included within a UGB pursuant to OAR 660-024-0065(3) to provide for a particular industrial use, or a particular public facility, must be planned and zoned for the intended use and must remain planned and zoned for that use unless the city removes the land from the UGB. FINDING: As stated previously, the proposal is to amend the property pursuant to OAR 660-024- 0065(3). Through the burden of proof, intergovernmental agreement provided as Exhibit B in the burden of proof, and concurrent application with the City of Redmond, the applicant has demonstrated the property is being planned and zoned for the intended use of public facilities. This provision is met. OAR 660-024-0065, Establishment of Study Are to Evaluate Land for Inclusion in the UGB (1) When considering a UGB amendment to accommodate a need deficit identified in OAR 660-024-0050(4), a city outside of Metro must determine which land to add to the UGB by evaluating alternative locations within a "study area" established pursuant to this rule. To establish the study area, the city must first identify a "preliminary study area" Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 19 of 55 which shall not include land within a different UGB or the corporate limits of a city within a different UGB. The preliminary study area shall include: (a) All lands in the city's acknowledged urban reserve, if any; (b) All lands that are within the following distance from the acknowledged UGB: (A) For cities with a UGB population less than 10,000: one-half mile; (8) For cities with a UGB population equal to or greater than 10,000: one mile; (c) All exception areas contiguous to an exception area that includes land within the distance specified in subsection (b) and that are within the following distance from the acknowledged UGB: (A) For cities with a UGB population less than 10,000: one mile; (B) For cities with a UGB population equal to or greater than 10,000: one and one- half miles; (d) At the discretion of the city, the preliminary study area may include land that is beyond the distance specified in subsections (b) and (c). FINDING: The applicant identified a study area consistent with the requirements in this chapter, including the incorporation of all lands in the City of Redmond Urban Reserve Area (URA). As the City of Redmond UGB includes a population of approximately 27,000; all lands within one mile of the existing UGB and all exception areas contiguous to those lands and within one and one-half miles of the existing UGB were included in the study area, pursuant to subsections (b) and (c). No additional discretionary land was included in the study area. The applicant provided a map denoting the study area shown in Figure 3. This provision is met. (2) A city that initiated the evaluation or amendment of its UGB prior to January 1, 2016, may choose to identify a preliminary study area applying the standard in this section rather than section (1). For such cities, the preliminary study area shall consist of:... FINDING: The city initiated the application after January 1, 2016. Therefore this provision does not apply. (3) When the primary purpose for expansion of the UGB is to accommodate a particular industrial use that requires specific site characteristics, or to accommodate a public facility that requires specific site characteristics, and the site characteristics may be found in only a small number of locations, the preliminary study area may be limited to those locations within the distance described in section (1) or (2), whichever is appropriate, that have or could be improved to provide the required site characteristics. For purposes of this section: (a) The definition of site characteristics in OAR 660-009-0005(11) applies for purposes of identifying a particular industrial use. (b) A "public facility" may include a facility necessary for public sewer, water, stormwater, transportation, parks, schools, or fire protection. Site characteristics may include but are not limited to size, topography and proximity. Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 20 of 55 FINDING: The applicant states in the burden of proof that the list of facilities in 3(b) above is not exclusive to only those types of public facilities listed. Therefore the applicant finds the proposal for public facilities related to the Oregon Military Department and Fairgrounds fall under this category and are subject to the requirements in section (3) and can limit the preliminary study area to those that provide the required site characteristics. As the proposed amendment includes three public facilities, the applicant provided three sets of defining site characteristics to define the respective study areas. Figure 3 - General Study Area Boundary ® Highway Redmond UGR ArteriaI Urban Reserve Areas Collector Mr 1 Mile Ru`ferfrom IJGR 1.5 Mile Buffer from UGR Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Zoning Exclusive Farm Use (EFU) Surface Mining (SM) Rural industrial (RI) Open Space (OSC) Exception Areas Rural Residential (RR1O) Mixed -Else Agrinulultura l (MWM O 1 Page 21 of 55 (4) The city may exclude land from the preliminary study area if it determines that: (a) Based on the standards in section (7) of this rule, it is impracticable to provide necessary public facilities or services to the land; (b) The land is subject to a risk of.• (A) Landslides: The land consists of a landslide deposit or scarp flank that is described and mapped on the Statewide Landslide Information Database for Oregon (SLIDO) Release 3.2 Geodatabase published by the Oregon Department of Geology and Mineral Industries (DOGAMI) December 2014, provided that the deposit or scarp flank in the data source is mapped at a scale of 1:40,000 or finer. If the owner of alot or parcel provides the city with a site-specific analysis by a certified engineering geologist demonstrating that development of the property would not be subject to significant landslide risk, the city may not exclude the lot or parcel under this paragraph; (B) Flooding, including inundation during storm surges: the land is within the Special Flood Hazard Area (SFHA) identified on the applicable Flood Insurance Rate Map (FIRM); (C) Tsunamis: the land is within a tsunami inundation zone established pursuant to ORS 455.446; (c) The land consists of a significant scenic, natural, cultural or recreational resource described in this subsection: (A) Land that is designated in an acknowledged comprehensive plan prior to initiation of the UGB amendment, or that is mapped on a published state or federal inventory at a scale sufficient to determine its location for purposes of this rule, as: (i) Critical or essential habitat for a species listed by a state or federal agency as threatened or endangered (ii) Core habitat for Greater Sage Grouse; or (iii) Big game migration corridors or winter range, except where located on lands designated as urban reserves or exception areas; (B) Related Adjacent Lands described by ORS 390.805, as mapped by the applicable state or federal agency responsible for the scenic program; (C) Designated Natural Areas on the Oregon State Register of Natural Heritage Resources; (D) Wellhead protection areas described under OAR 660-023-0140 and delineated on a local comprehensive plan; (E) Aquatic areas subject to Statewide Planning Goal 16 that are in a Natural or Conservation management unit designated in an acknowledged comprehensive plan; (F) Lands subject to acknowledged comprehensive plan or land use regulations that implement Statewide Planning Goal 17, Coastal Shoreland, Use Requirement 1; (G) Lands subject to acknowledged comprehensive plan or land use regulations that would implement Statewide Planning Goal 18, Implementation Requirement 2; Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 22 of 55 (d) The land is owned by the federal government and management primarily for rural uses. FINDING: The initial study area found above in Figure 3 was modified to exclude areas that did not meet the identified site characteristics as described in section (3) or were designated for exclusion in the list for section (4) above. The applicant provides a detailed analysis of the specific areas that were excluded on pages 40-41 of the burden of proof. Figures of the new study boundary for each site are found below. Full size renderings of the study boundary maps are found on pages 42-44 of the burden of proof. Figure 4 - Fairgrounds Amended Study Area COUNTY FAIRGROUNDS * Highway Redmond UGB — Arterial.44,03 Urban Reset we Areas ---°-- Collector r••■J :1 Mite Butter trom UGB 9nrM 1.5 Mile Butter from UGB Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Exclusion A: Not Adjacent to Fairgrounds, ERcItt`Ion B: BLM Land Page 23 of 55 Figure 5 - Multi -Purpose Athletic and Events Center Site COE/tire 44.1ROROtt4413S — Highway — Pa -Trial Cofactor LJ Redmond UGB 7-1 Winn Reserve Areas (Exclusion Al, Mile Buffer !row lf-OB .5 Mile Butler from UGS Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Exclusion i3: AdjaCent to ReSittential EKCF:USiOn C: Less than 100 acres Eciusion D7 BLM Land Atilletic/Ents Center Study Area Page 24 of 55 Figure 6 - Mufti -Purpose Athletic and Events Center Site ?sITY RAI AGROUNDS Redmond UG 3 litit Exclusion D: Not Aid jae ent to Dial: Tro ining Area — Arteriej t -L2 Urban R.eselye areas :Lxclusor At Exclusion 0: am Land — CialL-3cf, or 7:11 1 ri uffer from 1)613 (A.10 ucty er 1.5 Mile Suffer fi'Gfl Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 25 of 55 (5) After excluding land from the preliminary study area under section (4), the city must adjust the area, if necessary, so that it includes an amount of land that is at least twice the amount of land needed for the deficiency determined under OAR 660-024-0050(4) or, if applicable, twice the particular land need described in section (3). Such adjustment shall be made by expanding the distance specified under the applicable section (1) or (2) and applying section (4) to the expanded area. FINDING: The applicant provided the acreages for each site analysis area, shown in the table below. The acreages are at least twice the amount need for public facility needs described in section (3). This provision is met. Site Required Size Size of Study Area Fairgrounds Expansion 50 acres 1,559 acres Multi -Purpose Athletic/Events Center 100 acres 3,661 aces OMD Relocation Site 20 acres 3,160 acres (6) For purposes of evaluating the priority of land under OAR 660-024-0067, the "study area" shall consist of all land that remains in the preliminary study area described in section (1), (2) or (3) of this rule after adjustments to the area based on sections (4) and (5), provided that when a purpose of the UGB expansion is to accommodate a public park need, the city must also consider whether land excluded under subsection (4)(a) through (c) of this rule can reasonably accommodate the park use. FINDING: No land was excluded under subsection (4)(a) through (4)(c), therefore this section does not apply. (7) For purposes of subsection (4)(a), the city may consider it impracticable to provide necessary public facilities or services to the following lands... (8) Land may not be excluded from the preliminary study area based on a finding of impracticability that is primarily a result of existing development patterns. However, a city may forecast development capacity for such land as provided in OAR 660-024- 0067(1)(d). FINDING: No land was excluded from the preliminary study area under subsection (4)(a), nor based on a finding of impracticability that is primarily the result of existing development patterns. The exclusions applied to each study area were to eliminate areas that did not have or could not be improved to have the required site characteristics for each public facility use. Therefore, this provision does not apply. (9) Notwithstanding OAR 660-024-0050(4) and section (1) of this rule, except during periodic review or other legislative review of the UGB, the city may approve an application under Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 26 of 55 ORS 197.610 to 197.625 for a UGB amendment to add an amount of land less than necessary to satisfy the land need deficiency determined under OAR 660-024-0050(4), provided the amendment complies with all other applicable requirements. FINDING: This application does not propose to add an amount of land less than required for the need; this provision does not apply. OAR 660-024-0067, Evaluation of Land in the Study Area for Inclusion in the UGB; Priorities (1) A city considering a UGB amendment must decide which land to add to the UGB by evaluating all land in the study area determined under OAR 660-024-0065, as follows: (a) Beginning with the highest priority category of land described in section (2), the city must apply section (5) to determine which h land in that priority category is suitable to satisfy the need deficiency determined under OAR 660-024-0050 and select for inclusion in the UGB as much of the land as necessary to satisfy the need. (b) If the amount of suitable land in the first priority category is not sufficient to satisfy all the identified need deficiency, the city must apply section (5) to determine which land in the next priority is suitable and select for inclusion in the UGB as much of the suitable land in that priority as necessary to satisfy the need. The city must proceed in this manner until all the land need is satisfied, except as provided in OAR 660-024-0065(9). (c) If the amount of suitable land in a particular priority category in section (2) exceeds the amount necessary to satisfy the need deficiency, the city must choose which land in that priority to include in the UGB by applying the criteria in section (7) of this rule. (d) In evaluating the sufficiency of land to satisfy a need under this section, the city may use the factors identified in sections (5) and (6) of this rule to reduce the forecast development capacity of the land to meet the need. (e) Land that is determined to not be suitable under section (5) of this rule to satisfy the need deficiency determined under OAR 660-024-0050 is not required to be selected for inclusion in the UGB unless its inclusion is necessary to serve other higher priority lands. FINDING: The applicant identified the study areas in compliance with OAR 660-024-0065. Conformance with the priority criteria is further analyzed below. (2) Priority of Land for inclusion in a UGB: (a) First priority is urban reserve, exception land, and non -resource land. Lands in the study area that meet the description in paragraphs (A) through (C) of this subsection are of equal (first) priority: (A) Land designated as an urban reserve under OAR chapter 660, division 1, in an acknowledged comprehensive plan; FINDING: No urban reserve lands are included within the study areas of each public facility site, as demonstrated in Figures 4-6. All Redmond URA lands were excluded from study areas to preserve those lands to meet future employment and residential land needs established in the Redmond Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 27 of 55 Urban Framework Plan. Furthermore, the Redmond URA lands do not possess adequate site specific characteristics to accommodate the OMD relocation site, Fairgrounds Expansion site, or the Multi - Purpose Athletic and Event Center. This provision does not apply. (B) Land that is subject to an acknowledged exception under ORS 197.732 FINDING: No exception lands are present in the study areas for the OMD relocation site, nor for the Fairgrounds Expansion site. Within the Multi -Purpose Athletic and Events Center study area are 45 acres of land zoned Rural Residential -10 acre minimum (RR -10), which is an acknowledged exception area in the Deschutes County Comprehensive Plan. The area is part of a larger 89 -acre parcel that is split zoned, with the remaining 44 acres of land zoned EFU. The applicant stated the following in the burden of proof: The parcel is included in the study area for the Multi -Purpose Athletic and Events Center because it is adjacent to a 67 -acre parcel with which it could be combined to achieve the required size of at least 100 acres for the Multi -Purpose Athletic and Events Center site. The adjacent parcel is also zoned EFU. In order to accommodate the 100 -acre Multi -Purpose Athletic and Events Center, this site would need to include at least 55 acres of EFU land. The entire site is located within the Central Oregon Irrigation District (COID); and therefore, in accordance with 195.300(10)(c)(B), the EFU lands on this site are considered high-value farmland and therefore would be in a lower priority category of land that could be considered for a UGB expansion. Staff agrees the split zoning and potential for high value farming on the 45 -acre RR -10 parcel make it unsuitable to meet the identified need. This provision does not apply. (C) Land that is non -resource land. FINDING: No non -resource lands are present in the study areas for the Fairgrounds Expansion site, nor for the Multi -Purpose Athletic and Event Center. Within the OMD study area is one property zoned Rural Industrial, which is developed with the Central Oregon Unit Training and Equipment Site (COUTES). The facility is adjacent to the aforementioned Biak Training Area owned by OMD. The OMD facility requires 20 acres of vacant land on the site to accommodate the armory. The applicant found that the COUTES parcel has 15 acres of developed land with 20 acres of undeveloped land, but the 20 -acre piece is bisected by an access road and therefore not entirely developable and vacant. Staff agrees there is no non -resource land suitable to satisfy the need in the study area. This provision does not apply. (b) Second Priority is marginal land: land within the study area that is designated as marginal land under ORS 197.247 (1991 Edition) in the acknowledged comprehensive plan. FINDING: Deschutes County does not have any acknowledged or designated marginal farm lands. Therefore, the three study area do not contain any second priority lands. Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 28 of 55 (c) Third Priority is forest or farm land that is not predominantly high-value farm land: land within the study area that is designated for forest or agriculture uses in the acknowledged comprehensive plan and that is not predominantly high-value farmland as defined in ORS 195.300, or that does not consist predominantly of prime or unique soils, as determined by the United States Department of Agriculture Natural Resources Conservation Service (USDA NRCS). In selecting which lands to include to satisfy the need, the city must use the agricultural land capability classification system or the cubic foot site class system, as appropriate for the acknowledged comprehensive plan designation, to select lower capability or cubic foot site class lands first. FINDING: The applicant stated the following in the burden of proof: No farm land in Deschutes County meets the definition of "high-value farm land" as defined by this subsection and the applicable ORS sections. Therefore, all lands zoned EFU in Deschutes County are considered Third Priority lands. However, Deschutes County has historically applied an additional classification of EFU lands based on soil capability ratings and availability of irrigation. In establishing urban reserve areas in 2005, the County divided Third Priority EFU lands into non -irrigated parcels ("Dry EFU'), partially irrigated EFU parcels, and commercial agricultural properties.12 Dry EFU parcels were designated the highest priority for inclusion in urban reserve areas, followed by partially irrigated EFU parcels, and commercial agriculture properties were designated the lowest priority for inclusion. This additional prioritization will be used to select lands from each study area to meet the need for each use, as follows. Full analysis can be found on pages 50-52 of the burden of proof. Staff finds for this section, the relevant information is the number of sites within each study boundary that are being evaluated as Third Priority lands. The Fairgrounds identified only one eligible site (the South Redmond Tract) to include in the study area. The Multi -Purpose Athletic and Events Center Site identified three potential sites that meet the characteristics and need. The OMD Relocation Site identified four potential sites that meet the characteristics and need. Staff notes the sites will be compared based on the Goal 14 boundary location, pursuant to section (7) of this rule. The findings of the boundary location determination are reviewed in that section. (c) Fourth Priority is agricultural land that is predominantly high-value farmland: land within the study area that is designated as agricultural land in an acknowledged comprehensive plan and is predominantly high-value farmland as defined in ORS 195.300. A city may not select land that is predominantly made up of prime or unique farm soils, as defined by the USDA NRCS, unless there is an insufficient amount of other land to satisfy its land need. In selecting which lands to include to satisfy the need, the city must use the agricultural land capability classification system to select lower capability lands first. FINDING: There are sufficient Third Priority lands to meet the identified need for all three proposed sites. Therefore, no Fourth Priority lands will be included. Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 29 of 55 (3) Notwithstanding section (2)(c) or (d) of this rule, land that would otherwise be excluded from a UGB may be included if: (a) The land contains a small amount of third or fourth priority land that is not important to the commercial agricultural enterprise in the area and the land must be included in the UGB to connect a nearby and significantly larger area of land of higher priority for inclusion within the UGB: or (b) The land contains a small amount of third or fourth priority land that is not predominately high-value farmland or predominantly made up of prime or unique farm soils and the land is completely surrounded by land of higher priority for inclusion into the UGB. FINDING: The study areas did not include sufficient First and Second Priority lands, therefore this provision does not apply. (4) For purposes of categorizing and evaluating land pursuant to subsections (2)(c) and (d) and section (3) of this rule, (a) Areas of land not larger than 100 acres may be grouped together and studied as a single unit of land; (b) Areas of land larger than 100 acres that are similarly situated and have similar soils may be grouped together provided soils of lower agricultural or forest capability may not be grouped with soils of higher capability in a manner inconsistent with the intent of section (2) of this rule, which requires that higher capability resource lands shall be the last priority for inclusion in a UGB; (c) Notwithstanding subsection (4)(a), if a city initiated the evaluation or amendment of its UGB prior to January 1, 2016, and if the analysis involves more than one lot or parcel or area within a particular priority category for which circumstances are reasonably similar, these lots, parcels and areas may be considered and evaluated as a single group; (d) When determining whether the land is predominantly high-value farmland, or predominantly prime or unique, 'predominantly" means more than 50 percent. FINDING: There are three individual study areas curated to include the individual needs of each type of use. The study areas were grouped based on the amount of land needed for each use. Higher priority inclusion lands in the UGB were not grouped with lower priority lands, consistent with this provision. This provision is met. Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 30 of 55 Figure 7 - Fairgrounds Land Prioritization wool v44,00 Flupp,,Ntn cOUNTY FAO1GROUNDS * tlighwa y Redmond LIGB ..v..., - A.riena' * J Urban Reserve Areas (First Priority Lands) RI - C dllectot • 1 tAfe Buffer from UGB 1 5 kiile Buffer from UGB Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Fairwounds Expansion Study Are -a First Priority Lands - Exception Areas First Priority Lands - Nonresource Third Prlority Lans - Irrigared EFU Third Priority Lancs - Dry EF'J Page 31 of 55 Figure 8 - Multi -Purpose Athletic and Events Center Land Prioritization 0 COUNTY FAIROITOUNOS -- Highway Redmond UGB — Arterial ti Urban Reserve Areas (First Priority Lands) Collector:t 1 Nlile Buffer from UGB omi ITITTrt“ 1 5 Mile Buffer from UGB Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 AthletielEirents Center Study Area First Priority Lands - Exception Areas First Priority Lands - Nonresource Third Priority Lands - Irrigated EFU Third Priority Lands - Dry EFU Page 32 of 55 Figure 9 - Multi -Purpose Athletic and Events Center Land Prioritization ..001111.aipitisioi Seas e ITE 3 Mi 1 COUNTY tAIROPOUNOS SITE 4 jpeint 6.4F 110 000'0 Highway Redmond UGH 61.1V PRA Artenal . Urban Reserve Areas (First Priority Lands) Untl Collector • 1 Mile Buffer from UGH """o!"! 1,5 Mile Buffer from UGH Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 OMD Study Area First Priority Lands - First Priority. Lands - Third Priority Lands Third Priority Lands Exception Areas Nonresource - frrigated EFU - Dry EFU Page 33 of 55 (5) With respect to section (1), a city must assume that vacant or partially vacant land in a particular priority category is "suitable" to satisfy a need deficiency identified in OAR 660- 024-0050(4) unless it demonstrates that the land cannot satisfy the specified need based on one or more of the conditions described in subsections (a) through (g) of this section: (a) Existing parcelization, lot sizes or development patterns of rural residential land make that land unsuitable for an identified employment need; as follows: (A) Parcelization: the land consists primarily of parcels 2 -acres or less in size, or (B) Existing development patterns: the land cannot be reasonably redeveloped or infilled within the planning period due to the location of existing structures and infrastructure. (b) The land would qualify for exclusion from the preliminary study area under the factors in OAR 660-024-0065(4) but the city declined to exclude it pending more detailed analysis. (c) The land is, or will be upon inclusion in the UGB, subject to natural resources protections under Statewide Planning Goal 5 such that that no development capacity should be forecast on that land to meet the land need deficiency. (d) With respect to needed industrial uses only, the land is over 10 percent slope, or is an existing lot or parcel that is smaller than 5 acres in size, or both. Slope shall be measured as the increase in elevation divided by the horizontal distance at maximum ten foot contour intervals. (e) With respect to a particular industrial use or particular public facility use described in OAR 660-024-0065(3), the land does not have, and cannot be improved to provide, one or more of the required specific site characteristics. (f) The land is subject to a conservation easement described in ORS 271.715 that prohibits urban development. (g) The land is committed to a use described in this subsection and the use is unlikely to be discontinued during the planning period: (A) Public park, church, school, or cemetery, or (8) Land within the boundary of an airport designated for airport uses, but not including land designated or zoned for residential, commercial or industrial uses in an acknowledged comprehensive plan. FINDING: Within the analysis for section (2) in the burden of proof, the applicant identified the following properties as not suitable to satisfy the need deficiency, in accordance with the provisions in this section: Multi -Purpose Athletic and Events Center study area, Site 6 includes 44 acres of exception land. As the land was not large enough to meet the size requirements for the site, it was considered not suitable, as allowed by subsection (5)(e) of this rule. Fairgrounds Expansion and Multi -Purpose Athletic and Events Center study area, Site 2, was partially included in the boundary of the Deschutes County Airport Safety Combining Zone. These lands were not considered suitable for development pursuant to subsection (5)(g)(B) of this rule. The remaining lands in Fairgrounds Expansion, Site 2, following this exclusion, were not large enough to accommodate the required size of the site, and therefore were excluded pursuant to subsection (5)(e) of this rule. Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 34 of 55 The southern parcel of the OMD Relocation Site study area, Site 3, was removed from the study area as the site was developed and used for the Central Oregon Unit Training and Equipment Site (COUTES). As provided by this section, developed land can be considered not suitable. This provision is met. (6) For vacant or partially vacant lands added to the UGB to provide for residential uses:... FINDING: This proposal is not for residential uses, therefore this provision does not apply. (7) Pursuant to subsection (1)(c), if the amount of suitable land in a particular priority category under section (2) exceeds the amount necessary to satisfy the need deficiency, the city must choose which land in that priority to include in the UGB by first applying the boundary location factors of Goal 14 and then applying applicable criteria in the acknowledged comprehensive plan and land use regulations acknowledged prior to initiation of the UGB evaluation or amendment. The city may not apply local comprehensive plan criteria that contradict the requirements of the boundary location factors of Goal 14. The boundary location factors are not independent criteria; when the factors are applied to compare alternative boundary locations and to determine the UGB location the city must show that it considered and balanced all the factors. The criteria in this section may not be used to select lands designated for agriculture or forest use that have higher land capability or cubic foot site class, as applicable, ahead of lands that have lower capability or cubic foot site class. FINDING: No First or Second Priority lands were suitable for any of the three sites. The amount of Third Priority lands within each study area is greater than the identified need, therefore the boundary factors of Goal 14 were applied to determine the appropriate site for UGB inclusion, in each study area. The applicant provided the following analysis for the boundary factors below: Boundary Location Analysis: All Third Priority Lands Fairgrounds Expansion. As demonstrated in the evaluation of suitable lands, Site 1, the South Redmond Tract is the only suitable location for the expansion of the County Fairground. Therefore, the consideration for boundary location factors for this site is limited to areas within the South Redmond Tract, as described below. Multi -Purpose Athletic and Events Center Site and OMD Relocation Site. There are significantly more Third Priority lands suitable for the Multi -Purpose Athletic and Events Center and OMD sites than the identified land need. These lands are divided among three sites for the Multi -Purpose Athletic and Events Center and four sites for the OMD facility. Sites 1, 2, and 3 are identical for both facilities; Site 4 is only suitable for the OMD facility (Figure 12). Site 1, the South Redmond Tract, is the most appropriate location for inclusion in the UGB for both facilities, based on consideration for the Goal 14 boundary location factors, as follows. 1. Efficient accommodation of identified land needs; Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 35 of 55 The location of the South Redmond Tract, Site 1, provides several efficiencies relative to the alternative sites. • Transportation efficiency. If located on the SRT, transportation to the both the OMD and Multi -Purpose Athletic and Events Center would be more efficient because the SRT is closer to local population centers in Redmond than Sites 2 and 4, and closer to regional population centers in Bend than Site 3. The SRT can be accessed via an existing arterial, 19th Street. 19th Street is a complete street that includes sidewalks and bike lanes, which may facilitate non - motorized transportation to the site. Site 3 would be accessed via Highway 126, which is less safe for walking and biking, does not include pedestrian facilities and limits bike facilities to the road shoulder. Sites 2 and 4 are not accessible on existing roadways. The SRT site also will significantly minimize the need to travel between separate, non -adjacent facilities, reducing the need for additional transportation facilities and associated land. • Operational efficiency. Locating the Multi -Purpose Athletic and Events Center on the South Redmond Tract would allow the facility to utilize centralized resources and support facilities in use for the existing Fairgrounds, including parking, concessions, administration, and maintenance. If the expansion were located on any of the other sites, redundant facilities would need to be developed and/or significant transportation needs and associated impacts would be incurred in transporting goods and services between the two sites, as described in more detail below. 2. Orderly and economic provision of public facilities and services; The location of the South Redmond Tract would allow a more orderly and efficient provision of public facilities than alternative sites. Water and wastewater lines are available along the alignment of 19th Street and terminate at the northwest corner of the site. Alternatively, sites 2, 3, and 4 would each require an extension of sewer and water lines of at least one mile. Additionally, Sites 2-4 are not capable of accommodating all of the proposed uses for the Fairgrounds expansion and OMD relocation; therefore, the uses would need to be located on separate sites and be served with separate facilities. Alternatively, all uses can utilize the same infrastructure if located on the South Redmond Tract. The South Redmond Tract currently has sufficient water, electric, natural gas, and telecommunications capacity to serve the proposed uses, as demonstrated in the findings in response to Statewide Planning Goal 11. There is not currently sufficient capacity for wastewater service to the Tract, but DSL has agreed to finance the replacement of a pump station and construction of associated infrastructure to establish sufficient wastewater capacity to serve the site. Sites 2 and 4 would connect to the same water and wastewater lines, and thus require similar capacity improvements to the South Redmond Tract. Site 3 was included in the Infrastructure Analysis completed for the application to the large lot industrial sites program. That analysis found that the sufficient infrastructure capacity could be developed to serve the site but would be costlier to provide than the capacity improvements needed to serve the South Redmond Tract. As the South Redmond Tract is in closer proximity to existing public facilities and requires capacity improvements that are similar or less costly than Sites 2-4, the Site allows for a relatively more efficient and orderly provision of public facilities. Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 36 of 55 More detailed information related to public facilities and services can be found in Section 3.2 of this report, under the findings in response to Statewide Planning Goals 11 and 12. 3. Comparative environmental, energy, economic and social (ESEE) consequences; and • Environmental consequences. As discussed in the findings under Goals 5-7 in Section 3.2 of this report, Site 1 contains no Goal 5 resources, permanent or seasonal water, wetlands, habitat for sensitive, threatened or endangered plant or animal species, wilderness values, and no mineral potential. Sites 2, 3, and 4 do not contain any water and are not within any County inventories of wetlands or habitat areas. A more detailed environmental assessment of Sites 2, 3, and 4 has not been completed; however, given that the environmental conditions of Site 1 has been assessed and no significant environmental impacts were identified, the relative environmental consequences of development on Site 1 are similar or less significant than the environmental consequences of development on Sites 2, 3, and 4. A portion of Site 3 is located within a Deschutes County Landscape Management Zone, an overlay zone intended to protect Goal 5 scenic resources in the city. Development of this site, therefore, may have more significant consequences on local scenic resources. Additionally, the adjacency of Site 1 with the existing Fairgrounds and Redmond UGB provides transportation efficiencies that encourage non -motorized transportation which will reduce impacts on air quality. Sites 2, 3, and 4, by comparison, are further from the existing Fairgrounds and are not connected to existing pedestrian and bicycle facilities within the Redmond UGB. • Energy consequences. As noted above, the adjacency of Site 1 to the existing Fairgrounds and regionally central location provides transportation efficiencies that can encourage nonmotorized transportation and reduce Vehicle Miles Traveled (VMT), therefore conserving energy in comparison to Sites 2, 3, and 4. The relocation of the OMD facility will significantly shorten trips between the facility and the OMD training grounds. The expansion of 4-H facilities adjacent to existing facilities eliminates the need for trips between the site and existing off-site locations for specific activities. The siting of the new Multi -Purpose Athletic and Events Center in a location that is central in the region will reduce overall VMT compared to less central locations. Sites 2, 3, and 4 lack these advantages and development of them would result in more significant energy consequences. • Economic consequences. As noted in findings under Goal 9 in Section 3.2 of this report, the expanded RV park, OHV tracks, and new Multi -Purpose Athletic and Events Center will generate economic activity by attracting visitors and supporting tourism in the city and region. By centralizing these facilities on one site with the existing facilities, expansion of the Fairgrounds onto Site 1 can offer greater efficiency, convenience, and flexibility to potential users in comparison to Sites 2, 3, and 4. • Social consequences. None of the potential sites are adjacent to any existing city neighborhoods or residential areas, in order to avoid potential land use conflicts related to traffic, parking, noise, or lighting. Additionally, all land designated for other uses in the City of Redmond Urban Reserves were excluded from the OMD and Multi -Purpose Athletic and Events Center study areas in order to avoid displacing land previously identified for other needs that contribute to the residential and social fabric of the community, including housing, parks, and commercial services. Finally, the educational Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 37 of 55 and recreational uses proposed for the site will contribute to the social capacity of the community and region. There is no meaningful difference between the sites under consideration in relation to this criterion. This provision is met. (8) The city must apply the boundary location factors of Goal 14 in coordination with service providers and state agencies, including the Oregon Department of Transportation (ODOT) with respect to Factor 2 regarding impacts on the state transportation system, and the Oregon Department of Fish and Wildlife (ODFW) and the Department of State Lands (DSL) with respect to Factor 3 regarding environmental consequences. "Coordination" includes timely notice to agencies and service providers and consideration of any recommended evaluation methodologies. FINDING: The study area contains no identified wildlife resources, wetlands, or floodplains. Therefore coordination with ODOT, ODFW, and DSL is not required. However, the applicant (DSL) has collaborated extensively with organizations in the development of the application, including ODOT. This provision is met. (9) In applying Goal 14 Boundary Location Factor 2 to evaluate alternative locations under section (7), the city must compare relative costs, advantages and disadvantages of alternative UGB expansion areas with respect to the provision of public facilities and services needed to urbanize alternative boundary locations. For purposes of this section, the term "public facilities and services" means water, sanitary sewer, storm water management, and transportation facilities. The evaluation and comparison under Boundary Location Factor 2 must consider: (a) The impacts to existing water, sanitary sewer, storm water and transportation facilities that serve nearby areas already inside the UGB; (b) The capacity of existing public facilities and services to serve areas already inside the UGB as well as areas proposed for addition to the UGB; and (c) The need for new transportation facilities, such as highways and other roadways, interchanges, arterials and collectors, additional travel lanes, other major improvements on existing roadways and, for urban areas of 25,000 or more, the provision of public transit service. FINDING: As noted previously, in comparison to the other sites, Site 1 will have lower costs associated with provision of water, sanitary sewer and storm water facilities due to its proximity to existing facilities located along 19th Street. This provision is met. (10) The adopted findings for UGB amendment must describe or map all of the alternative areas evaluated in the boundary location alternatives analysis. FINDING: The text and figures within the applicant's burden of proof and Figure 10 within this decision describe and map all alternate areas evaluated in the boundary location alternatives analysis. Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 38 of 55 In conclusion, the applicant has demonstrated the issues and challenges with Sites 2 and 3 in association with the Third Priority lands boundary criteria. Site 1, the subject property is the best option for location, comparative to the other sites. This provision is met. Figure 10 - Boundary Location Analysis - All Study Areas SITE 3 C/EVENTS CENTER OMD RELOCATION Highway Arterial Collector Water Lines Sewer Lines SITE 1 ATHLETIC/EVENTS CENTER FAIRGROUNDS EXPANSION OMD RELOCATION SITE 2 ATHLETIC/EVENTS CENTER OMD RELOCATION ev SITE 4 OMD RELOCATION s pew 000000000000000000000000f Redmond UGB ®MOmmp x Urban Reserve Areas ;First Priority Lands) *�■r 1 Mile Butter from UGB 1 5 tvtile Buffer from UGB Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Suitable Third Priority Lands. All Study Areas First Priority Lands - Exception Areas First Priority Lands • Nonresource Third Priority Lands - Irrigated EFU Third Priority Lands • Dry EFU S 0 45 MI les Page 39 of 55 Division 15, Statewide Planning Goals and Guidelines Goal 1 - Citizen Involvement To develop a citizen involvement program that insures the opportunity for citizens to be in involved in all phases of the planning process. FINDING: Staff adhered to Title 22 of the Deschutes County Code - Procedures Ordinance in providing adequate notice to parties involved. Notice of Application and Notice of Public Hearing was mailed to all property owners within 750 feet of the subject property and to relevant agencies. Additionally, Notice of Public Hearing was posted in the Bend Bulletin more than 20 days in advance of the initial public hearing. Following the Hearings Officers proceedings, a second hearing will take place before the Board of County Commissioners. This goal is met. Goal 2 - Land Use Planning To establish a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions and actions. FINDING: The applicant has submitted concurrent applications with the City of Redmond and Deschutes County in accordance with established land use planning processes. The applicant has provided a burden of proof discussing the factual basis for approval of the proposal. This goal is met. Goal 3 - Agricultural Lands To preserve and maintain agricultural lands. FINDING: The subject property is designated as Agriculture and zoned Exclusive Farm Use. The applicant provided the following response to this goal in the burden of proof: ...the land has never been farmed and is not suitable for agricultural production. Soils on the property are designated as Class VII and Vlll and the property lacks irrigation water rights. The lands zoned EFU adjacent to the property are not actively used for agricultural production due to similar constraints. The proposed UGB amendment meets the goal of preserving agricultural land as the property does not include viable agricultural land and can be made compatible with any future farming uses on adjacent land. Staff recognizes this application is unique as the property was identified through a regional needs assessment. The applicant analyzed alternatives previously in this application to preserve and maintain agricultural lands to the greatest extent possible. Staff finds the applicant provided sufficient analysis that this property is not viable agricultural land and cannot be made compatible with future farm uses. Therefore, this goal is met. Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 40 of 55 Goal 4 - Forest To preserve and maintain agricultural lands. FINDING: The subject property does not include forest land, therefore this goal does not apply. Goal 5 - Open Space, Scenic and Historic Areas, and Natural Resources To protect natural resources and conserve scenic and historic areas and open spaces. FINDING: The applicant provided the following response to this goal in the burden of proof: No part of the subject property is identified in Deschutes County's Goal 5 inventory of open spaces and natural, scenic, cultural, or historic resources. As described in Section 2.1.1 of this report, the property does not include any wetlands, habitat for sensitive, threatened or endangered plant or animal species, wilderness values, and no mineral potential or mineral rights. Historic and cultural resources surveys conducted on the site indicate that the Tract was not occupied by prehistoric or historic peoples and contains no significant historic or cultural resources. As no part of the property is identified in a Goal 5 inventory and additional surveys have found no significant resources, this proposed amendment is consistent with Goal 5. Staff agrees this goal does not apply as the site does not contain any Goal 5 resources listed within the Deschutes County Comprehensive Plan. Goal 6 - Air, Water and Land Resource Quality To maintain and improve the quality of the air, water and land resources of the state. FINDING: The applicant provided the following response in the burden of proof: The {South Redmond} Tract has no evidence of permanent or seasonal water and the National Wetlands Inventory Map does not identify wetlands on the Tract. Any potential negative impacts of future development on the quality of air, water or land resources will be identified and mitigated during the development review process, as the specific impacts cannot be known until a specific development is proposed. The City of Redmond has adequate provisions in place to protect the quality of air, water, and land resources from negative impacts of new development. In addition, state and federal regulations administered by the US Environmental Protection Agency and Oregon Department of Environmental Quality regulate impacts of new development. In addition, state and federal regulations administered by the US Environmental Protection Agency and Oregon Department of Environmental Quality regulate impacts on air resources to ensure clean air and will apply to any future development located on the subject site. Therefore, this UGB amendment is consistent with Goal 6. Staff agrees with the applicant that the impact on air, water, and land resource quality will be reviewed during the actual time of development. Staff finds this goal is met. Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 41 of 55 Goal 7 - Areas Subject to Natural Disasters and Hazards To protect people and property from natural hazards. FINDING: The applicant provided the following response in the burden of proof: There are no areas on the site that are subject to flooding or landslide activity. Wildfire hazards are not substantially different from other areas within or adjacent to the Redmond UGB, and development of the site could improve fire protection by providing access and water infrastructure. Therefore, inclusion of this site within the UGB and subsequent development will be consistent with Goal 7. Staff agrees with the applicant that there are no areas on site within a floodplain or designated as high landslide risk. Additionally, the property is currently within and will continue to be within the jurisdiction of Redmond Fire and Rescue District. This goal is met. Goal 8 - Recreational Needs To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. FINDING: The applicant provided the following response in the burden of proof: The primary purpose of the Fairgrounds expansion and new Multi -Purpose Athletic and Events Center is to provide for the recreational needs of local and regional residents and visitors. The Fairgrounds expansion site will incorporate a number of recreational facilities in an accessible and convenient location, including an RV park for camping, equestrian trails, off-road vehicle trails, and potentially a shooting range facility. The Multi -Purpose Athletic and Events Center will include a variety of facilities able to host events and informal use for a wide range of sports and activities, including basketball, volleyball, wrestling, martial arts, soccer, football, lacrosse, baseball, softball, cheerleading, and dance competitions. The facilities to provide for these recreational opportunities are specialized and often not inefficient to provide at a local scale. As a regional facilities that generates revenue from both local use and visitors, the Fairground employs an economic and operational model that is not available to most general parks and recreation departments. This amendment proposes to increase the capacity of the Fairgrounds facility and organization to provide a wide range of recreational opportunities to citizens of the state and visitors; therefore, the proposal is consistent with Goal 8. Staff agrees with the applicant's analysis and finds that this project is specifically targeting the fulfillment of recreational needs and thereby meets this goal. Goal 9 - Economic Development To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 42 of 55 FINDING: The applicant provided the following response in the burden of proof: The primary purpose of the facilities is to meet the needs for defense, recreation, and non-profit educational opportunities for residents of the City of Redmond, Deschutes County, and the Central Oregon region. However, several of the Fairgrounds facilities planned under this amendment will generate economic activity and employment opportunities by attracting visitors and supporting tourism within the city and region. The RV park will accommodate more visitors to the Fairgrounds during the County fair and for year-round events at the Fairgrounds or general tourism in the area. The Multi -Purpose Athletic and Events Center...will attract visitors from a wide area that includes Oregon, Washington, and Northern California. The OHV tracks will enable the Fairgrounds to accommodate a wider variety of off-road racing competitions and other events. The facility's support of tourism is consistent with the economic development strategies of the City of Redmond and Central Oregon. Tourism leverages the strengths and opportunities presented by Central Oregon's favorable climate, natural beauty, and outdoor recreational opportunities. Further, the facility is strategically located to support tourism as it is regionally central, adjacent to the Redmond Municipal Airport, and adjacent to Juniper Golf Course. As this amendment will generate economic opportunities by supporting a regional strategy to increase tourism, it is consistent with Goal 9. Staff agrees that the expansion of the Fairgrounds and relocation of the Oregon Military Department Armory increase the variety of economic activities in the area while promoting health, welfare, and prosperity of nearby and statewide citizens. This goal is met. Goal 10 - Housing To provide for the housing needs of citizens of the state. FINDING: The applicant provided the following response in the burden of proof: The South Redmond Tract is not identified as a suitable location for residential development in the City of Redmond Comprehensive Plan. The city has identified sufficient acreage of land for future residential development outside the UGB in Urban Reserve Areas within the Eastside Framework Plan and lands to the west of the existing UGB. This UGB amendment is not proposed to meet residential land needs and will not displace land identified as needed for residential uses. Therefore, the proposal is consistent with Goal 10. Staff agrees with the applicant's analysis. Additionally, this location was identified through a regional needs analysis for suiting the needs of this specific type of development. The City of Redmond has identified other key areas for residential development. This goal is met. Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 43 of 55 Goal 11: Public Facilities and Services To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. FINDING: The applicant provided a detailed response on pages 76 and 77 of the burden of proof, which discuss the specific conditions and planning efforts to ensure the subject property has adequate access to public facilities and services. The following excerpt provides valuable context on the coordination between this application and the large lot industrial proposal on the remainder of the subject property (file no. 247 -18 -000751 -PA). Public facility planning for the Fairgrounds expansion occurred in coordination with the adjacent large lot industrial uses. The City of Redmond evaluated infrastructure needs for serving the entire South Redmond Tract through the City's application to COIC to include the Tract in the regional large lot industrial program (Exhibit A). A preliminary Infrastructure Analysis was included in that application. The analysis assessed the infrastructure capacity and relative efficiency of infrastructure provision compared to an alternative site east of the UGB. Based on this analysis and subsequent assessments performed through updates to the City's Wastewater Master Plan and Water Master Plan, DSL agreed to finance construction of all facilities necessary to serve the site through an MOA with the City of Redmond (Exhibit B). The agreement requires that DSL construct the facilities within 180 days of approval of this amendment... Staff finds that the applicant and other agencies have adequately planned and arranged for the arrangement of public facilities and services. As the applicant is requesting a redesignated to be included in the City of Redmond's Urban Growth Boundary, the applicant has prepared for urban development on the subject property. This goal is met. Goal 12: Transportation To provide and encourage a safe, convenient and economic transportation system. FINDING: Conformance with Goal 12 is addressed in detail below, under the OAR Division 12 - Transportation Planning criteria of this report. Goal 13: Energy Conservation To conserve energy. FINDING: The applicant provided the following response in the burden of proof: Energy conservation will be achieved by this amendment through transportation efficiencies and land use/construction efficiencies. The site's adjacency with the existing Fairgrounds and regionally central location provides transportation efficiencies that can encourage non -motorized transportation and reduce Vehicle Miles Traveled (VMT). The relocation of the OMD facilities will significant shorten trips between the facility and the OMD training grounds. The expansion of 4-H facilities adjacent to existing Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 44 of 55 facilities eliminates the need for trips between the site and existing off-site locations for specific activities. The siting of the new Multi -Purpose Athletic and Events Center in a location that is central in the region will reduce overall VMT compared to less central locations. The location of the proposed uses directly adjacent to the existing Fairgrounds eliminates the need to site and construct redundant support facilities, which conserves energy that would be used for construction and ongoing operations of those facilities. Both the expansion of existing uses and the new uses can utilize existing, centralized support facilities, including parking, concessions, administration, and maintenance. If the expansion were located elsewhere, redundant facilities would need to be developed for these support needs. As the location of the proposed amendment provides transportation and land use efficiencies compared to existing locations and alternative relocation sites, the amendment is consistent with the intent of Goal 13 to conserve energy. Staff finds that the applicant has demonstrated the amendment will achieve energy conservation. This goal is met. Goal 14 - Urbanization 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 (UGB), to ensure efficient use of land, and to provide for livable communities. FINDING: The applicant provided the following response in the burden of proof: The purpose and intent of Goal 14 was considered throughout the development of this proposed UGB amendment. The proposal provides for orderly and efficient transition to urban land uses because the site is directly adjacent to the City of Redmond's existing UGB, can be served by a direct expansion of existing public facilities, and because the proposed use of the site for specific public facilities is suitable and compatible with existing uses in the area. The proposal accommodates the need for specific public facilities in an accessible location. Several of the proposed uses represent expansion of uses located at the existing Fairgrounds site, making for efficient use of both land and the transportation system by providing direct access and connections between the existing and expanded facilities. The proposal generally contributes to livable communities by increasing recreation and employment opportunities; the specific contributions to livability needs are addressed in other findings through this report, including conformance with Statewide Planning Goal 12 and the Great Neighborhood Principles provided under the City of Redmond's Master Planning Requirements. The master planning requirements mentioned by the applicant are found within the application materials, but are not reviewed through the Deschutes County process. Staff finds the applicant has demonstrated compliance with this goal based on the location of the subject property, the joint use of existing facilities, and concurrent master planning process taking place with the City of Redmond. Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 45 of 55 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 chapter268, which shall be adopted or amended by the Metropolitan Service District. FINDING: The applicant provided the following response in the burden of proof: This proposal conforms to established processes for designating and amending the UGB of the City of Redmond. The proposal is a result of a cooperative process between DSL, the City of Redmond, Deschutes County, and other agencies and jurisdictions. The UGB amendment is proposed for adoption to both the City of Redmond and Deschutes County, in accordance with the provisions of the UGBJoint Management Agreement between the City and County. Staff agrees with the applicant's analysis. The applicant is pursuing concurrent approval between the City of Redmond and Deschutes County, in which the property is located. This goal is met. 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 FINDING: The applicant provided the following response in the burden of proof: The City of Redmond has adopted a population forecast through the year 2025 in coordination with Deschutes County and the cities of Bend and Sisters. However, the proposed amendment is intended to address a need for specific public facilities that is not directly proportional to local or regional population growth. The applicant is pursuing the amendment to the UGB to accommodate the growth of the Deschutes County Fairgrounds and the Oregon Military Department site. The applicant has provided analysis related to land need and site analysis below. (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 Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 46 of 55 for an identified need. Prior to expanding an urban growth boundary, local governments shall demonstrate that needs cannot be reasonably be accommodated on land already inside the urban growth boundary. FINDING: The applicant provided the following response in the burden of proof: The proposed amendment includes facilities that are publicly owned and intended to address multiple public needs. The primary needs include national defense (OMD facility), recreation (RV park, Multi - Purpose Athletic and Events Center, 4-H facilities, and OHV tracks), and non-profit educational opportunities (4-H facilities, operated by Oregon State University Extension program). These public facilities are distinct from public facilities defined under Goal 11, which concerns water, sewer, and transportation facilities {as defined in OAR 660-011-005(5)). The primary purpose of the facilities and the associated UGB amendment is to meet a public facility need. The RV park, Multi -Purpose Athletic and Events Center, and OHV tracks address a secondary need for direct and indirect employment opportunities that may be provided by attracting visitors and supporting tourism to the city and region. However, as addressed in the Goal 9 findings under Section 3.2 of this report, the employment benefits of this development are secondary to the public facility need and the land is not considered employment land. The City of Redmond and Deschutes County specified necessary site characteristics for land to be suitable for the public facilities and demonstrates that the need cannot be accommodated on land within the existing UGB. See the findings associated with OAR 660-024-0050, 660-024-0065, and 660-024-0067, in section 3.1 of this report. The applicant stated previously that the location of the subject property is ideal for expansion and it will reduce the expansion of existing public facilities defined by OAR 660-011-005(5) such as water, sewer, and electricity. Additionally it allows for close proximity of the existing operations on the property to allow for efficient transportation of goods, services, and employees. The subject property is 160 acres and is not located in close proximity to existing residential development, allowing for best use of the property for the recreation, education, and national defense uses. This goal is met. 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 197.298 and with consideration of the following factors: (1) Efficient accommodation of identified land needs: FINDING: The applicant provided the following response in the burden of proof: The location of the proposed uses directly adjacent to the existing Fairgrounds provides several efficiencies. Both the expansion of existing uses and the new uses can utilize existing, centralized facilities, including parking, concessions, administration, and maintenance. If the expansion were located Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 47 of 55 elsewhere, redundant facilities would need to be developed. The adjacency with the existing Fairgrounds also allows the developments to utilize existing infrastructure and future infrastructure improvements required for the proposed large lot industrial site to the south. The proposed location also will significantly minimize the need to travel between separate, nonadjacent facilities, reducing the need for additional transportation facilities and associated land. Staff finds the applicant has demonstrated efficient accommodation of identified land needs on the subject property. This goal is met. (2) Orderly and economic provision of public facilities and services; FINDING: The applicant provided the following response in the burden of proof: The site can be served by a direct and orderly extension of existing public facilities. Transportation, water, and wastewater facilities will be provided along the alignment of 19th Street, an arterial street planned for future expansion south of the site to serve other rural uses. The direct extension of 19th street will provide a framework for orderly development of the site and potential future development to the south. There is sufficient water, electric, natural gas, and telecommunications capacity to serve the site. There is not currently sufficient capacity for wastewater service to the Tract, but DSL has agreed to finance replace a pump station and construct associated infrastructure to establish sufficient wastewater capacity to serve the site. The MOA between DSL and the City of Redmond requires that DSL construct all necessary public facilities to serve the site upon approval of this amendment. More detailed information related to public facilities and services can be found in Section 3.2 of this report, under the findings in response to Statewide Planning Goals 11 and 12. Staff finds that the applicant has demonstrated orderly and economic provision of public facilities and services. This goal is met. (3) Comparative environmental, energy, economic and social consequences; and FINDING: The applicant provided the following response in the burden of proof: The City of Redmond and Deschutes County has considered the relative environmental, energy, economic and social consequences of development of the site, as detailed below. • Environmental consequences. As discussed in the findings under Goals 5-7 in Section 3.2 of this report, the site contains no permanent or seasonal water, wetlands, habitat for sensitive, threatened or endangered plant or animal species, wilderness values, and no mineral potential. The site's adjacency with the existing Fairgrounds and Redmond UGB provides transportation efficiencies that encourage non -motorized transportation. Specific impacts to air, land, or water quality can be addressed at the time of development. • Energy consequences. As noted above, the site's adjacency with the existing Fairgrounds and regionally central location provides transportation efficiencies that can encourage nonmotorized transportation and reduce Vehicle Miles Traveled (VMT), therefore conserving energy. The relocation of the OMD facility will significantly shorten trips between the facility and the OMD training grounds. The expansion of 4-H facilities adjacent to existing facilities eliminates the need Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 48 of 55 for trips between the site and existing off-site locations for specific activities. The siting of the new Multi -Purpose Athletic and Events Center in a location that is central in the region will reduce overall VMT compared to less central locations. • Economic consequences. As noted in findings under Goal 9 in Section 3.2 of this report, the expanded RV Park, OHV tracks, and new Multi -Purpose Athletic and Events Center will generate economic activity by attracting visitors and supporting tourism in the city and region. By centralizing these facilities on one site with the existing facilities, the Fairgrounds can offer efficiency, convenience, and flexibility to potential users and is projected to attract more year- round events and visitors to the region. • Social consequences. The proposed location for the facilities is not adjacent to any existing city neighborhoods or residential areas, in order to avoid potential land use conflicts related to traffic, parking, noise, or lighting. Additionally, all land designated for other uses in the City of Redmond Urban Reserves were excluded from the alternative sites analysis for the Multi -Purpose Athletic and Events Center in order to avoid displacing land previously identified for other needs that contribute to the residential and social fabric of the community, including housing, parks, and commercial services. Finally, the educational and recreational uses proposed for the site will contribute to the social capacity of the community and region. Staff agrees with the applicant's analysis and finds that the environmental, energy, economic, and social consequences have been addressed within this application. This goal is met. (4) Compatibility of the proposed urban uses with nearby agricultural and forest activities occurring on farm and forest land outside the UGB. FINDING: The applicant provided the following response in the burden of proof: There are no active farm or forest activities near the South Redmond Tract. The land to the south and east of the Tract is zoned for Exclusive Farm Use, but is not suitable or used for agriculture due to poor soil quality and lack of irrigation rights for the land. As a result, development of the site would be compatible with farm and forest use outside the UGB and would have no impacts on such uses. Additional findings associated with Statewide Goal 3 (Agricultural Lands) are found in Section 3.2 of this document. Staff agrees that there is no evidence of commercial agriculture taking place in the area due to the soil quality, parcel size, and proximity to the Redmond city limits. This goal is met. 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. FINDING: The applicant provided the following response in the burden of proof: Upon approval of this proposed amendment, DSL is obligated by the land exchange and sale agreements with Deschutes County and DSL to construct all necessary infrastructure to serve the sites. The Servicing Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 49 of 55 Agreement requires the construction to be complete within 180 days of any contracted interest to convey the SRT or part thereof 6 In addition, applications for Comprehensive Plan and Zoning Map amendments are being submitted and reviewed concurrently with the proposed UGB amendment application. Approval of the package of amendments will result in application of urban Comprehensive Plan and Zoning designations which will allow for urbanization as soon as public facilities are in place to serve the development. Staff finds the applicant has demonstrated compliance with this provision. 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:... FINDING: The application is not for a single family dwelling. This goal does not apply. 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 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. FINDING: The application is not for a rural industrial development. This goal does not apply. Goals 15-19 Willamette rivergreenway, estuarine resources, coastal shorelands, beaches and dunes, ocean resources. FINDING: As stated previously, the subject property is not located within the Willamette River Greenway nor within a Coastal boundary. Goal 19 does not apply to UGB amendments. These goals do not apply. Division 12, Transportation Planning FINDING: The applicant provided a Transportation Analysis Memorandum as Exhibit H of the burden of proof. The memorandum was created by Kittleson & Associates and analyzes the entire South Redmond Tract, not only the subject property within this application. Generally, the traffic study report major impacts to the transportation system could be mitigated by transportation system improvements planned by the City of Redmond. OAR 660-012-0060 Plan and Land use Regulation Amendments (1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 50 of 55 provided in section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this rule. A plan or land use regulation amendment significantly affects a transportation facility if it would: (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan); (b) Change standards implementing a functional classification system; or (c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based on projected conditions measured at the end of the planning period identified in the adopted TSP. As part of evaluating projected conditions, the amount of traffic projected to be generated within the area of the amendment may be reduced if the amendment includes an enforceable, ongoing requirement that would demonstrably limit traffic generation, including, but not limited to, transportation demand management. This reduction may diminish or completely eliminate the significant effect of the amendment. (A) Types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; (8) Degrade the performance of an existing or planned transportation facility such that it would not meet the performance standards identified in the TSP or comprehensive plan; or (C) Degrade the performance of an existing or planned transportation facility that is otherwise projected to not meet the performance standards identified in the TSP or comprehensive plan. (2) In meeting the purposes described in section (1), coordinated land use and transportation plans should ensure that the planned transportation system supports a pattern of travel and land use in urban areas that will avoid the air pollution, traffic and livability problems faced by other large urban areas of the country through measures designed to increase transportation choices and make more efficient use of the existing transportation system. (3) The extent of planning required by this division and the outcome of individual transportation plans will vary depending on community size, needs and circumstances. Generally, larger and faster growing communities and regions will need to prepare more comprehensive and details plans, while smaller communities and rural areas will have more general plans. For all communities, the mix of planned transportation facilities and services should be sufficient to ensure economic, sustainable and environmentally sound mobility and accessibility for all Oregonians. Coordinating land use and transportation planning will also complement efforts to meet other state and local objectives, including containing urban development, reducing the cost of public services, protecting farm and forest land, reducing air, water and noise pollution, conserving energy and reducing emissions of greenhouse gases that contribute to global climate change. (a) In all urban areas, coordinated land use and transportation plans are intended to provide safe and convenient vehicular circulation and to enhance, promote and facilitate safe and convenient pedestrian and bicycle travel by planning a well- connected network of streets and supporting improvements for all travel modes. Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 51 of 55 (b) In urban areas that contain a population greater than 25,000 persons, coordinated land use and transportation plans are intended to improve livability and accessibility by promoting the provision of transit service where feasible and more efficient performance of existing transportation facilities through transportation system management and demand management measures. (c) Within metropolitan areas, coordinate land use and transportation plans are intended to improve livability and accessibility by promoting changes in the transportation system and land use patters. A key outcome of this effort is the reduction in reliance on single occupant automobile use, particularly during peak periods. To accomplish this outcome, this division promotes increased planning for alternative modes and street connectivity and encourages land use patterns throughout urban areas that make it more convenient for people to walk, bicycle, use transit, use automobile travel more efficient, and drive less to meet their daily needs. The result of applying these portions of the division will vary within metropolitan areas. Some parts of urban areas, such as downtowns, pedestrian districts, transit -oriented developments and other mixed-use, pedestrian friendly centers, will be highly convenient for a variety of modes, including walking, bicycling and transit, while others will be auto -oriented and include more modest measures to accommodate access and circulation by other modes. (4) This division sets requirements for coordination among affected levels of government and transportation service providers for preparation, adoption, refinement, implementation and amendment of transportation system plans. Transportation system plans adopted pursuant to this division fulfill the requirements for public facilities required under ORS 197.712(2)(e), Goal 11 and chapter 660, division 11, as they relate to transportation facilities. The rules in this division are not intended to make local government determinations "land use decision" under ORS 197.015(10). The rules recognize, however, that under existing statutory and case law, many determinations relating to the adoption and implementation of transportation plans will be land use decisions. FINDING: The traffic study provided by Kittleson and Associates denotes two areas of significant impact to the transportation system within the areas. One being the intersection of 21' Street and Airport Way and the other being the intersection of Canal Boulevard and Yew Avenue. The study notes the significant impact at 21St Street and Airport Way could be mitigated with the installation of a median to restrict right -in -right -out movements at the intersection. The study notes the impact at Canal Boulevard and Yew Street would require additional analysis as any improvements would likely have a major impact to right-of-way and neighboring properties. The applicant states this would be addressed as part of the City's Transportation System Plan (TSP) update. Staff consulted Peter Russell, Deschutes County Senior Transportation Planner, to determine compliance with these provisions. Mr. Russell provided the following comments: I have reviewed the traffic study dated March 12, 2018, for the Redmond UGB expansion and comprehensive plan amendment of 949 acres for the Redmond large lot industrial area, the Deschutes County Fairgrounds expansion, and the Oregon Military Department (OMD). The traffic study found all Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 52 of 55 intersections either performed acceptably at the end of the planning horizon (2040) or could rely on mitigations which have funding or a reasonable expectation of funding. The land use application thus complies with Goal 12 and the transportation planning rule (TPR). The one exception was the intersection of 21st St/Airport Way. The traffic report identified a raised median as a possible mitigation, but deferred to the City of Redmond's Transportation System Plan (TSP) which is being updated. While currently there is no specific development being proposed, County staff notes the impacts of large lot industrial sites can be mitigated through non -construction measures as well such as shift changes beginning/ending out of the a.m. and p.m. peak hours and transportation demand management (TDM) measures (vanpools, transit passes for employees, enhanced facilities for bicycling, etc.) None of the studied intersections are under the jurisdiction of Deschutes County. The affected intersections are either ODOT facilities or City of Redmond streets. The traffic study was scoped and reviewed in coordination with ODOT, City of Redmond, and Deschutes County. The agencies have reviewed the completed traffic study's recommendations. Those road authorities whose facilities were significantly affected (ODOT and City of Redmond) have not submitted adverse comments on the UGB expansion and the proposed land use changes in response to being notified. They could provide comment at the public hearing. Construction of a raised median at 21st/Airport Way to change the current accesses into right - in, right -out only (RIRO) is a relatively low cost improvement. It is not unreasonable to assume this future mitigation would be funded by either subsequent development or a combination of development and ODOT and/or City of Redmond. As the impacts are planned to be mitigated in conjunction with the City of Redmond's TSP update and will be reviewed in the concurrent applications through the City of Redmond, staff finds these provisions are met. (5) The presence of a transportation facility or improvement shall not be a basis for an exception to allow residential, commercial, institutional or industrial development on rural lands under this division or OAR 660-004-0022 and 660-004-0028. FINDING: The applicant is not seeking a goal exception for the proposal, therefore this section does not apply. (6) In determining whether proposed land uses would affect or be consistent with planned transportation facilities as provided in sections (1) and (2), local governments shall give full credit for potential reduction in vehicle trips for uses located in mixed-use, pedestrian friendly centers, and neighborhoods as provided in subsections (a) -(d) below; FINDING: The application is not located in a mixed-use, pedestrian -friendly center or neighborhood as defined in Section (8) of this rule, therefore, this section does not apply. (7) Amendments to acknowledged comprehensive plans and land use regulations which meet all of the criteria listed in subsections (a) -(c) below shall include an amendment to the comprehensive plan, transportation system plan the adoption of a local street plan, access management plan, future street plan or other binding local transportation Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 53 of 55 plan to provide for on-site alignment of streets or accessways with existing and planned arterial, collector, and local streets surrounding the site as necessary to implement the requirements in OAR 660-012-0020(2)(b) and 660-012-0045(3): (a) The plan or land use regulation amendment results in designation of two or more acres of land for commercial use; (b) The local government has not adopted a TSP or local street plan which complies with OAR 660-012-0020(2)(b) or, in the Portland Metropolitan Area, has not complied with Metro's requirement for street connectivity as contained in Title 6, Section 3 of the Urban Growth Management Functional Plan; and (c) The proposed amendment would significantly affect a transportation facility as provided in section (1). FINDING: The applicant will redesignate property as Urban Growth Area with future plans to rezone within the City of Redmond to Public Facilities and Fairgrounds. The City of Redmond has already adopted a TSP and subsequent plans. Staff finds this section does not apply. (9) Notwithstanding section (1) of this rule, a local government may find that an amendment to a zoning map does not significantly affect an existing or planned transportation facility if all of the following requirements are met. FINDING: The subject application is for a comprehensive plan map designation change and does not include a zoning map designation change. Therefore this section does not apply. (10) Notwithstanding sections (1) and (2) of this rule, a local government may amend a functional plan, a comprehensive plan or a land use regulation without applying performance standards related to motor vehicle traffic congestion (e.g. volume to capacity ratio or VIC), delay or travel time if the amendment meets the requirements of subsection (a) of this section. This section does not exempt a proposed amendment from other transportation performance standards or policies that may apply including, but not limited to, safety for all modes, network connectivity for all modes (e.g. sidewalks, bicycle lanes) and accessibility for freight vehicles of a size and frequency required by the development. (a) A proposed amendment qualifies for this section if it: (A) Is a map or text amendment affecting only land entirely within a multimodal mixed-use area (MMA); and (8) Is consistent with the definition of an MMA and consistent with the function of the MMA as described in the findings designating the MMA. FINDING: The subject property is not located within a multimodal mixed-use area (MMA). Therefore this section does not apply. (11) A local government may approve an amendment with partial mitigation as provided in section (2) of this rule if the amendment complies with subsection (a) of this section, the amendment meets the balancing test in subsection (b) of this section, and the local government coordinates as provided in subsection (c) of this section. Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 54 of 55 FINDING: As a mitigation measure for the significant impact to Canal Boulevard and Yew Avenue intersection has not yet been identified but will be identified as part of the Redmond TSP update, staff asks the Hearings Officer to determine if this section is applicable. OREGON REVISED STATUTES 197A - Comprehensive Land Use Planning 197A.300 Amendment of Urban Growth Boundaries Outside Metro FINDING: The statute is implemented through Oregon Administrative Rule (OAR) 660, Division 24. Analysis for the requirements under Division 24 and Division 12, Goal 14 -Urbanization have been addressed previously in this report. IV. CONCLUSION: Hearings Officer: Based on the foregoing findings and conclusions and the record herein and noting the absence of any contrary evidence or argument, the application is APPROVED, subject to final approval by the Board of County Commissioners pursuant to DCC 22.28.030. DESCHUTES COUNTY HEARINGS OFFICER Dan R. Olsen December 10, 2018 Hearings Officer Decision 247 -18 -000752 -PA EXHIBIT "F" TO ORDINANCE NO. 2019-004 Page 55 of 55 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of January 28, 2019 DATE: January 22, 2019 FROM: Tanya Saltzman, Community Development, TITLE OF AGENDA ITEM: Preparation for Public Hearing: Plan Amendment for Redmond Large Lot Industrial Land Review of materials for joint public hearing with the City of Redmond on February 12, 2019 for File No. 247 -18 -000751 -PA. The applicant, Oregon Department of State Lands (DSL), is requesting approval of a Comprehensive Plan Amendment to redesignate 789 acres of the subject property to allow for large lot industrial development in accordance with the Central Oregon Regional Large Lot Industrial Lands Program. MEMORANDUM COMMU -Y DEVELOPMENT TO: Deschutes County Board of Commissioners FROM: Tanya Saltzman, Associate Planner DATE: January 21, 2019 SUBJECT: Redmond UGB Amendment - Redmond Large Lot Industrial Land (247 -18 -000751 -PA) The Board of County Commissioners (Board) will conduct a work session on January 28, 2019 in preparation for a joint public hearing with the City of Redmond City Council on February 12, 2019. The applicant, the Oregon Department of State Lands (DSL), requests approval of a Comprehensive Plan Amendment to re -designate 789 acres of the 949 -acre subject property from Agriculture to Redmond Urban Growth Area, thereby amending the Redmond Urban Growth Boundary (UGB). The proposed amendment would allow for large lot industrial development, in accordance with the Central Oregon Regional Large Lot Industrial Lands Program. The applicant has submitted a related application (247 -18 -000752 -PA) for the remaining 160 acres of the property. 1. BACKGROUND The 949 -acre South Redmond Tract is owned by the Oregon Department of State Lands (DSL) for the exclusive benefit of the Common School Fund (CSF). Revenues generated by the land are dedicated to the support of K-12 public schools throughout the state. According to the applicant, in October 2008 the State Land Board, which oversees DSL, adopted the South Redmond Tract Land Use and Management Plan (Plan). The Plan set out a concept for urban development of the Tract that is consistent with state land use law, advances DSL's mission to maximize revenue for the CSF, and benefits the local community and regional economy of Central Oregon. Prior to 2007 the subject property was owned and managed by the U.S. Bureau of Land Management (BLM). II. CENTRAL OREGON LARGE LOT INDUSTRIAL LAND PROGRAM This application represents the implementation of a defined multi jurisdictional process to address regional economic development in Central Oregon. The collaboration between Deschutes, Crook and Jefferson Counties on the Central Oregon Regional Large Lot Industrial Land Program began nearly two decades ago to identify and address a regional deficiency in land suitable for large lot traded -sector industries. This type of land, subsequently identified as parcels at least 50 acres in size, and some greater than 200 acres in size, could not readily be provided by cities alone. Therefore, it was necessary to create and codify an entirely new process for identifying regional economic need for large lot industrial land, and provide the tools by which cities and counties could collaborate to supply this land. A timeline of the Large Lot Industrial Lands Program is provided as Attachment 2. A brief summary of the Large Lot Industrial Lands Program also appears in the Deschutes County Comprehensive Plan Chapter 4.1, which is an exhibit to the proposed ordinance. Ultimately, the Large Lot Industrial Lands program was defined in Oregon Administrative Rule (OAR) 660-024-0040 and 660-024-0045. The OARs summarize the need for large lot industrial (LLI) land in Central Oregon, define the specific criteria by which a Central Oregon city or county may amend its UGB to accommodate such land, and specify the manner in which the land may then be used. Essentially, these two rules provide the roadmap and criteria for any applicant seeking to enter the program. III. HEARINGS OFFICER RECOMMENDATION A public hearing was held with a Deschutes County Hearings Officer on November 27, 2018. No public comments have been received to date. The Hearings Officer issued a decision recommending approval of the proposed Plan Amendment. IV. CITY OF REDMOND PROCESS The City of Redmond is conducting a concurrent planning process to annex the subject property into the City's UGB and city limits. Per a joint management agreement between the City and Deschutes County, the County has regional coordinating authority and serves the role as the final decision maker in this process. Outside of the proposed County Plan Amendment process, the applicant is also seeking City approval of annexation and Plan Amendment and Zone Change applications to redesignate and rezone the property to Large Lot Industrial. The Redmond Urban Area Planning Commission held a public hearing on December 17, 2018, at which time the Commission recommended approval. V. BOARD CONSIDERATION As the property includes lands designated for agricultural use, Deschutes County Code Section 22.28.030(C) requires the application to be heard de novo before the Board of County Commissioners, regardless of the determination of the Hearings Officer or Planning Commission. VI. NEXT STEPS The Board will hold a joint public hearing with the Redmond City Council to consider this plan amendment on February 12, 2019. Page 2 of 3 ATTACHMENTS: 1. Draft Ordinance and Exhibits Exhibit A: Comprehensive Plan Section 23.01.010, Introduction Exhibit B: Legal Description Exhibit C: Proposed Comprehensive Plan Map Exhibit D: Comprehensive Plan Chapter 4, Urban Growth Management Exhibit E: Comprehensive Plan Section 5.12, Legislative History Exhibit F: Hearings Officer Decision 2. Central Oregon Regional Large -Lot Industrial Land Program Timeline Page 3 of 3 Attachment 1: Draft Ordinance No. 2019-003 REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 23, the Deschutes County Comprehensive Plan, to Change the Comprehensive Plan Map Designation for Certain Property From Agriculture to Redmond Urban Growth Area. ORDINANCE NO. 2019-003 WHEREAS, the Oregon Department of State Lands initiated an amendment (Planning Division File No. 247 -18 -000751 -PA) to the Deschutes County Comprehensive Plan Map to change a portion of the subject property from an Agricultural (AG) designation to a Redmond Urban Growth Area (RUGA) designation, and amendments to the Comprehensive Plan; and WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on November 27, 2018, before the Deschutes County Hearings Officer and, on December 10, 2018, the Hearings Officer recommended approval of the Comprehensive Plan Map change; and WHEREAS, after notice was given in accordance with applicable law, a de novo public hearing was held on February 12, 2019, before the Board of County Commissioners ("Board"); and WHEREAS, the Board, after review conducted in accordance with applicable law, approved as detailed above the Comprehensive Plan map and text amendments; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC Section 23.01.010, Introduction, is amended to read as described in Exhibit "A" attached and incorporated by reference herein, with new language underlined. Section 2. AMENDMENT. DCC Title 23, Deschutes County Comprehensive Plan Map, is amended to change the plan designation for certain property described in Exhibit "B" and depicted on the map set forth as Exhibit "C", with both exhibits attached and incorporated by reference herein, from Agriculture to Redmond Urban Growth Area. Section 3. AMENDMENT. Deschutes County Comprehensive Plan Chapter 4, Urban Growth Management, is amended to read as described in Exhibit "D" attached and incorporated by reference herein, with new language underlined. PAGE 1 OF 2 - ORDINANCE NO. 2019-003 Section 4. AMENDMENT. Deschutes County Comprehensive Plan Section 5.12, Legislative History, is amended to read as described in Exhibit "E" attached and incorporated by reference herein, with new language underlined. Section 5. FINDINGS. The Board adopts as its findings in support of this Ordinance, the Decision of the Hearings Officer as set forth in Exhibit "F," and incorporated by reference herein. Dated this of , 2019 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PHILIP G. HENDERSON, Chair PATTI ADAIR, Vice -Chair ATTEST: Recording Secretary ANTHONY DEBONE, Commissioner Date of l st Reading: day of , 2019. Date of 2nd Reading: day of , 2019. Record of Adoption Vote: Commissioner Yes No Abstained Excused Philip G. Henderson Patti Adair Anthony DeBone _ Effective date: day of , 2019. PAGE 2 OF 2 - ORDINANCE NO. 2019-003 Chapter 23.01 COMPREHENSIVE PLAN Chapter 23.01 COMPREHENSIVE PLAN 23.01.010. Introduction. A. The Deschutes County Comprehensive Plan, adopted by the Board in Ordinance 2011-003 and found on the Deschutes County Community Development Department website, is incorporated by reference herein. B. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2011-027, are incorporated by reference herein. C. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-005, are incorporated by reference herein. D. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-012, are incorporated by reference herein. E. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-016, are incorporated by reference herein. F. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-002, are incorporated by reference herein. G. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-009, are incorporated by reference herein. H. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-012, are incorporated by reference herein. I. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-007, are incorporated by reference herein. J. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-005, are incorporated by reference herein. K. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-006, are incorporated by reference herein. L. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-012, are incorporated by reference herein. M. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-021, are incorporated by reference herein. N. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-027, are incorporated by reference herein. O. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-021, are incorporated by reference herein. P. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-029, are incorporated by reference herein. Q. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-018, are incorporated by reference herein. R. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-010, are incorporated by reference herein. S. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-001, are incorporated by reference herein. T. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-022, are incorporated by reference herein. U. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-005, are incorporated by reference herein. PAGE 1 OF 2 — EXHIBIT A TO ORDINANCE NO. 2019-003 V. The Deschutes County Comprehensive Plan amendments, adopted 2016-027, are incorporated by reference herein. W. The Deschutes County Comprehensive Plan amendments, adopted 2016-029, are incorporated by reference herein. X. The Deschutes County Comprehensive Plan amendments, adopted 2017-007, are incorporated by reference herein. Y. The Deschutes County Comprehensive Plan amendments, adopted 2018-002, are incorporated by reference herein. Z. The Deschutes County Comprehensive Plan amendments, adopted 2018-006, are incorporated by reference herein. AA. The Deschutes County Comprehensive Plan amendments, adopted 2018-011, are incorporated by reference herein. BB. The Deschutes County Comprehensive Plan amendments, adopted 2018-005, are incorporated by reference herein. CC. The Deschutes County Comprehensive Plan amendments, adopted 2018-008, are incorporated by reference herein. DD. The Deschutes County Comprehensive Plan amendments, adopted by 2019-002, are incorporated by reference herein. EE. The Deschutes County Comprehensive Plan amendments, adopted by 2019-001, are incorporated by reference herein. FF. The Deschutes County Comprehensive Plan amendments, adopted by 2019-003, are incorporated by reference herein. by the Board in Ordinance by the Board in Ordinance by the Board in Ordinance by the Board in Ordinance by the Board in Ordinance by the Board in Ordinance by the Board in Ordinance by the Board in Ordinance the Board in Ordinance the Board in Ordinance the Board in Ordinance (Ord. 2019-003 §1, 2019; Ord. 2019-001 §1, 2019; Ord. 2019-002 §1, 2019; Ord. 2018-008 §1, 2018; Ord. 2018-005 §2, 2018; Ord. 2018-011 §1, 2018; Ord. 2018-006 §1, 2018; Ord. 2018-002 §1, 2018; Ord. 2017-007 §1, 2017; Ord. 2016-029 §1, 2016; Ord. 2016-027 §1, 2016; Ord. 2016-005 §1, 2016; Ord. 2016-022 §1, 2016; Ord. 2016-001 §1, 2016; Ord. 2015-010 §1, 2015; Ord. 2015-018 § 1, 2015; Ord. 2015-029 § 1, 2015; Ord. 2015-021 § 1, 2015; Ord. 2014-027 § 1, 2014; Ord. 2014-021 §1, 2014; Ord. 2014-12 §1, 2014; Ord. 2014-006 §2, 2014; Ord. 2014-005 §2, 2014; Ord. 2013-012 §2, 2013; Ord. 2013-009 §2, 2013; Ord. 2013-007 §1, 2013; Ord. 2013-002 §1, 2013; Ord. 2013-001 §1, 2013; Ord. 2012-016 §1, 2012; Ord. 2012-013 §1, 2012; Ord. 2012-005 §1, 2012; Ord. 2011-027 §1 through 12, 2011; Ord. 2011-017 repealed; Ord.2011-003 §3, 2011) Click here to be directed to the Comprehensive Plan (http://www.deschutes.org/compplan) PAGE 2 OF 2 - EXHIBIT A TO ORDINANCE NO. 2019-003 EXHIBIT B Proposed Large Lot Industrial Expansion Area Legal Description, Subject Property Willamette Meridian, Oregon T. 15 S., R. 13 E., sec. 32, lot 1, E1/2SW1/4, SW1/4SW1/4, and SE1/4; sec. 33, excepting therefrom N1/2NW1/4, and N1/2NE1/4. in Z. ,1 r =N rn== s. o=o inA N _M,EL coIP SW= GREENS 'BLV • SW BEN'HOGAN DR Cr, re 04, City of Redmond RREA Taxlot 17-13-00-00-00100 Taxlot 15-13-00-00-00130. Plan Amendment from Agriculture (AG) to Redmond Urban Growth Area (RUGA) AG AG Legend ® Proposed Plan Amendment Boundary @EN MO 1 Redmond Urban Growth Boundary 803 _ Comprehensive Plan Designation AG - Agriculture OS&C - Open Space & Conservation RREA - Rural Residential Exception Area PROPOSED COMPREHENSIVE PLAN MAP Exhibit "C" to Ordinance 2019-003 ; 0 0.125 0.25 0.5 1 Miles January 18, 2019 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Philip G. Henderson, Chair Patti Adair, Vice Chair Tony DeBone, Commissioner ATTEST: Recording Secretary Dated this day of 2019 Effective Date: , 2019 Rrb a w G rowtii Chapter 4 Mawasewt.ewt EXHIBIT "D" TO ORDINANCE NO. 2019-003 sect% o in, 4.1 I vn trod tci o w Background A major emphasis of Oregon's land use planning program is directing new development into urban areas. Statewide Planning Goal 14, Urbanization, requires cities, in cooperation with counties, to create Urban Growth Boundaries (UGBs). The UGBs are legal lines that contain lands that are anticipated to urbanize over a 20 -year period. UGBs allow cities to adequately plan for future urban facilities and services. State laws require that UGBs be adopted by both the city and the county. Besides the UGBs which define the land needed for city expansion over 20 years, some cities adopt Urban Reserve Areas (URAs), which define land needed beyond a 20 year horizon, typically representing an additional 10 to 30 year land supply. By adopting an URA a city can better plan for expansion and growth. Like UGBs, URAs are done in a partnership between a county and the city. Deschutes County has four incorporated cities. Bend, Redmond and Sisters were incorporated before 1979. The City of La Pine incorporated on November 7, 2006. Bend, Redmond and Sisters' Comprehensive Plans are coordinated with the County. Certain elements are adopted into the County's. In addition, the cities and the County maintain urban growth area zoning ordinances and cooperative agreements for mutually administering the unincorporated urbanizing areas. These areas are located outside city limits but within UGBs. La Pine adopted a Comprehensive Plan and UGB in 2012. Until La Pine adopts its own land use regulations, County land use regulations will continue to be applied inside the city limits though a joint management agreement. In addition to cities and the associated UGBs and URAs, there are rural locations around the County that contain urban level development. These areas generally existed before the Oregon land use system was enacted in the early 1970s. In 1994 the Land Conservation and Development Commission wrote a new Oregon Administrative Rule (OAR), 660-22, to classify and regulate these unincorporated communities. The OAR created four categories of unincorporated communities and required the County to evaluate existing rural developments under the new Rule. Purpose The Urban Growth Management chapter, in concert with the other chapters of this Plan, specifies how Deschutes County will work with cities and unincorporated communities to accommodate growth while preserving rural character and resource lands. The following issues are covered in this chapter: • Urbanization (Section 4.2) • Unincorporated Communities Overview (Section 4.3) • La Pine Urban Unincorporated Community (Section 4.4) • Sunriver Urban Unincorporated Community (Section 4.5) • Terrebonne Rural Community Plan (Section 4.6) 2 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.1 INTRODUCTION EXHIBIT "D" TO ORDINANCE NO. 2019-003 • Tumalo Rural Community Plan (Section 4.7) • Black Butte Ranch and Inn of the 7th Mountain/Widgi Creek Rural Resorts (Section 4.8) • Rural Service Centers (Section 4.9) Goal 14 recognizes the following: Statewide Planning Goal 14 Urbanization "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." Excerpt from Goal 14 Planning Guidelines "`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." DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011 CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.1 INTRODUCTION EXHIBIT "D" TO ORDINANCE NO. 2019-003 sect%o w 4.2 (Rio a wizat%o w Background This section describes the coordination between the County and the cities of Bend, La Pine, Redmond and Sisters on Urban Growth Boundaries (UGBs) and Urban Reserve Areas (URAs). Statewide Planning Goal 2 recognizes the importance of coordinating land use plans. "City, county, state and federal agency and special district plans and actions related to land use shall be consistent with the comprehensive plans of cities and counties and regional plans adopted under ORS Chapter 268." Oregon Revised Statute 197.015(5) goes further to define comprehensive plan coordination. "A plan is "coordinated" when the needs of all levels of governments, semipublic and private agencies and the citizens of Oregon have been considered and accommodated as much as possible." Population An important basis for coordinating with cities is adopted population projections. Having an estimate of anticipated population is the first step to planning for future growth and conservation. ORS 195.025(1) requires counties to coordinate local plans and population forecasts. The County oversees the preparation of a population forecast in close collaboration with cities. This is important because the population of the County has increased significantly in recent decades and a coordinated approach allows cities to ensure managed growth over time. Table 4.2.1 — Population Growth in Deschutes County 1980 to 2010 Sources 1980 1990 2000 2010 Population Research Center July I estimates 62,500 75,600 116,600 172,050 US Census Bureau April 1 counts 62,142 74,958 115,367 157,733 Source: As noted above In 1996 Bend, Redmond, Sisters and the County reviewed recent population forecasts from the Portland State University Center Population and Research Center (PRC) and U.S. Census Bureau, Department of Transportation, Woods and Poole, Bonneville Power Administration and Department of Administrative Services Office of Economic Analysis. After reviewing these projections, all local governments adopted a coordinated population forecast. It was adopted by Deschutes County in 1998 by Ordinance 98-084. The results of the 2000 decennial census and subsequent population estimates prepared by the PRC revealed that the respective populations of the County and its incorporated cities were growing faster than anticipated under the 1998 coordinated forecast. The cites and the County re-engaged in a coordination process between 2002 and 2004 that culminated with the County adopting a revised population forecast that projected population to the year 2025. It was adopted by Ordinance 2004-012 and upheld by the Land Use Board of Appeals on March 28, 2005. The following table displays the 2004 coordinated population forecast for Deschutes County and the UGBs of the cities of Bend, Redmond, and Sisters. 4 DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011 CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION EXHIBIT "D" TO ORDINANCE NO. 2019-003 Table 4.2.2 - Coordinated Population Forecast 2000 to 2025 Year Bend UGB Redmond UGB Sisters UGB Unincorporated County Total County 2000 52,800 15,505 975 47,320 116,600 2005 69,004 19,249 1,768 53,032 143,053 2010 81,242 23,897 2,306 59,127 166,572 2015 91,158 29,667 2,694 65,924 189,443 2020 100,646 36,831 3,166 73,502 214,145 2025 109,389 45,724 3,747 81,951 240,811 Source: 2004 Coordinated Population Forecast for Deschutes County The process through which the County and the cities coordinated to develop the 2000-2025 coordinated forecast is outlined in the report titled "Deschutes County Coordinated Population Forecast 2000-2025: Findings in Support of Forecast." The fourth city in Deschutes County is the City of La Pine. Incorporated on November 7, 2006, the City of La Pine's 2006 population estimate of 1,590 was certified by PRC on December 15, 2007. As a result of La Pine's incorporation, Deschutes County updated its Coordinated Population Forecast with Ordinance 2009-006. The purpose of this modification was to adopt a conservative 20 year population forecast for the City of La Pine that could be used by city officials and the Oregon Department of Land Conservation and Development to estimate its future land need and a UGB. The following table displays the coordinated population forecast for Deschutes County, the UGBs of the cities of Bend, Redmond, and Sisters, and La Pine from 2000 to 2025. By extending the growth rate to the year 2025, La Pine's population will be 2,352. The non -urban unincorporated population decreases by 2,352 from its original projection of 81,951, to 79,599. Table 4.2.3 - Coordinated Population Forecast 2000 to 2025, Including La Pine Year Bend UGB Redmond UGB Sisters UGB La Pine UGB Unincorporated County Total County 2000 52,800 15,505 975 - 47,320 116,600 2005 69,004 19,249 1,768 - 53,032 143,053 2010 81,242 23,897 2,306 1,697 57,430 166,572 2015 91,158 29,667 2,694 1,892 64,032 189,443 2020 100,646 36,831 3,166 2,1 10 71,392 214,145 2025 109,389 45,724 3,747 2,352 79,599 240,811 ource: 2004 Coordinated Population Forecast for Deschutes County - update 2030 Population Estimate This Comprehensive Plan is intended to manage growth and conservation in the unincorporated areas of the County until 2030. Because the official population forecast extends only to 2025, County staff used conservative average annual growth rates from the adopted population forecast to estimate population out to 2030. The following table estimates Deschutes County population by extending the adopted numbers out an additional five years. DESCHUTES COUNTY COMPREHENSIVE PLAN - 201 1 CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION EXHIBIT "D" TO ORDINANCE NO. 2019-003 5 Table 4.2.4 — Deschutes County 2030 Population Forecast Year Bend UGB Redmond UGB Sisters UGB La Pine UGB Unincorporated County Total County 2030 119,009 51,733 4,426 2,632 88,748 266,538 source, County estimates based on the 2004 Coordinated Population Forecast as shown below Bend's average annual growth rate from 2025 to 2030 is 1.70% Redmond's average annual growth rate from 2025 to 2030 is 250% Sisters' based their population on forecasted rates of building growth, residential housing units, and persons per dwelling unit La Pine's average annual growth rate from 2025 to 2030 is 2.20% Deschutes County's unincorporated area average annual growth rate from 2025 to 2030 is 2.20% As the pie chart below indicates, if population occurs as forecasted, 67% of the County's population will reside in urban areas by 2030. In 2030 S sters 2% Unincorporated Area 33% Bend_ 45% La Pne 1% Rednnnd 19% Figure 4.1 Deschutes County 2030 Estimated Population Such growth will undoubtedly require strategically managing the provision of public services and maintaining adequate amounts of residential, commercial and industrial lands. Growth pressures will also require programmatic approaches to maintain open spaces, natural resources, and functional ecosystems that help define the qualities of Deschutes County. Urban Growth Boundary Amendments Bend The City of Bend legislatively amended its UGB as part of a periodic review acknowledgment in December 2004. The Bend City Council and the Board of County Commissioners adopted concurrent ordinances that expanded the Bend UGB by 500 acres and satisfied a 20 year demand for industrial land. In July 2007, the Bend -La Pine School District received approvals to expand the City of Bend UGB to include two properties for the location of two elementary schools, one at the Pine Nursery, the other on Skyliner Road. In 2014, the Bend -La Pine School district received approval to include a 33 -acre site within the UGB near Skyliners Road to facilitate the construction of a public middle school. The Bend City Council and the Board of County Commissioners approved a legislative amendment to the Bend UGB in September 2016. The adopted amendment added 2,380 acres of land intended to satisfy a 20 -year land need for needed housing, employment, and public uses from 2008 to 2028. The adopted UGB amendment also satisfied the terms of a 2010 Remand 6 DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011 CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION EXHIBIT "D" TO ORDINANCE NO. 2019-003 Order from the Oregon Land Conservation and Development Commission (10 -REMAND - PARTIAL ACKNOW-001795). The City of Bend UGB amendment identified 5 existing neighborhood typologies within the City, with the "Transect" being the defined neighborhood typology which "provides a transitional residential development pattern from urban to rural using a variety of housing types integrated with the surrounding natural landscape to minimize the impact on sensitive ecosystems, wildlife and to reduce the risk of wildfire." The City applied this Transect concept to specific areas added to the UGB identified as the "Shevlin Area" and the "West Area" and created area -specific policies for those areas to recognize the unique characteristics of the area and create a transition from higher densities within the city to lower densities extending westward to the City of Bend UGB . In coordination with the city, Deschutes County has continued this concept for the areas in the county on the west side of Bend adjacent to the "Shevlin" and "West Area" in its Rural Housing elements and policies found in Chapter 3 of this Comprehensive Plan. Sisters The City of Sisters legislatively amended its UGB in September 2005 when its City Council and the Board of County Commissioners adopted respective ordinances. The Sisters UGB expansion covered 53 acres and satisfied a 20 year demand for residential, commercial, light industrial, and public facility land. In March 2009, Sisters amended their UGB to facilitate the establishment of a 4 -acre fire training facility for the Sisters/Camp Sherman Fire District. Redmond The City of Redmond legislatively amended its UGB in August 2006 when its City Council and the Board of County Commissioners adopted respective ordinances. The Redmond UGB expansion covered 2,299 acres and satisfied a 20 year demand for residential and neighborhood commercial land. In February 2019, Redmond amended its UGB through a joint process when its City Council and the Board of County Commissioners adopted respective ordinances. This expansion covered 949 acres in total: 789 acres was designated for large lot industrial development in accordance with the Central Oregon Regional Large Lot Industrial Lands Program, and 160 acres allowed for the expansion of the existing Deschutes County Fairgrounds and Oregon Military Department's National Guard Armory. La Pine In 2012 La Pine adopted its first Comprehensive Plan. La Pine established a UGB that matches the city limits, because the City contains sufficient undeveloped land for future housing, commercial and industrial needs over a 20 -year period. The Plan map includes land use designations intended to provide an arrangement of uses to ensure adequate and efficient provision of public infrastructure for all portions of the City and UGB. Urban Reserve Area Redmond In December 2005, Redmond City Council and the Board of County Commissioners adopted a 5,661 acre URA for the City. It is the first URA in Central Oregon because most cities find planning farther into the future than the 20 -year UGB timeframe, challenging. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION EXHIBIT "D" TO ORDINANCE NO. 2019-003 Coordination As noted above, Statewide Goal 2 and ORS promote land use planning coordination. The purposes of the urbanization goals and policies in this section are to provide the link between urban and rural areas, and to provide some basic parameters within which the urban areas of Deschutes County can develop, although the specific comprehensive plan for each community remains the prevailing document for guiding growth in its respective area. These policies permit the County to review each city's comprehensive plan to ensure effective coordination. The Redmond and Deschutes County Community Development Departments received the Oregon Chapter of American Planning Association's (OAPA) Professional Achievement in Planning Award in 2006 for the "Redmond Urban Reserve Area / Urban Growth Boundary Expansion Project.". The following quote taken from the Oregon Chapter of the American Planning Association's 2006 Awards Program shows why the Redmond Community Development Department was chosen for this award. "An outstanding effort to address Redmond's rapid population growth, including the successful designation of an Urban Reserve and the imminent designation of an Urban Growth Boundary, a "Framework Plan" with a requirement for master planning, and the establishment of "Great Neighborhood Principles." Central Oregon Large Lot Industrial Land Need Analysis During the 1990s, the Central Oregon region experienced a dramatic transformation from an economy concentrated largely in wood products into a service based economy serving a growing and diverse tourism and household base. Accelerated in -migration and tourism growth gave way to rapid economic expansion, escalation in home prices, and a systematic shift in the local economy from goods producing activities to service oriented industries. While initially representing a diversification of the local economy, this shift led to an over -reliance upon these types of industries. During the recent recession, the regional economy's vulnerabilities became apparent. Suitable land for today's industrial development forms emerged as one of Oregon's most severe development challenges. In 2010, 201 1, and 2012, Deschutes, Crook and Jefferson counties and their respective cities, undertook an unprecedented regional evaluation of the economic opportunities and constraints associated with users of large industrial parcels in the Central Oregon region. The purpose of this evaluation was to aid in providing a more diversified economic base for the region that would accommodate industrial uses with a need for larger lots than possibly may be currently available in any of the Central Oregon cities. As part of that evaluation, Deschutes County hired a consultant to draft an analysis of Central Oregon's opportunities, 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, and was the basis for Ordinance 2011-017, dated May 31, 2011. Ordinance 201 1-017 was appealed to the Land Use Board of Appeals by 1,000 Friends of Oregon ("1,000 Friends"). The appeal was stayed in early 2012 to allow Deschutes County, the Governor's Office, and 1,000 Friends to explore a settlement, which was ultimately reached in 8 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION EXHIBIT "D" TO ORDINANCE NO. 2019-003 April, 2012. The settlement consisted of policy concepts focusing entirely on Central Oregon's short-term need for large -lot industrial sites as well as a commitment from the Department of Land Conservation and Development ("DLCD") to initiate rule-making that summer. The three counties, their respective cities, 1,000 Friends, and DLCD staff then engaged in drafting a proposed rule. In August, the final draft of that rule was then sent to the Oregon Land Conservation and Development Commission ("LCDC"). As a result, in November, the LCDC adopted Oregon Administrative Rule (OAR) 660-024-0040 and 660-024-0045. That rule provides that 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. After the adoption of the new OARs, Deschutes County voluntarily repealed Ordinance 2011-017 and adopted a new ordinance, Ordinance 2013-002, in accordance with the OARs. Utilizing the new OARs, Ordinance 2013-002 emphasized Central Oregon' short term need for a critical mass of competitive and diverse vacant, developable industrial sites. An additional necessary component 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. The IGA between COIC and the region's cities and counties was executed on April 9, 2013. Participating local governments will review the program after all nine sites have been occupied or after ten years, whichever comes first. In February 2019, Deschutes County adopted Ordinance No. 2019-003, which implemented the large lot industrial policies defined by Oregon Administrative Rule (OAR) 660-024-0040 and 660-024-0045. The ordinance amended the Deschutes County Comprehensive Plan map to allow for 789 acres of a 949 -acre parcel owned by the Oregon Department of State Lands to be incorporated into the City of Redmond's UGB (the remaining 160 acres were transferred into the UGB pursuant to different criteria). This site, referred to as the South Redmond Tract, was submitted to the Large Lot Industrial Lands program by the City of Redmond in 2015 after an extensive analysis of several potential sites utilizing the criteria of the adopted Central Oregon Large Lot Industrial Lands Needs Analysis ("the Analysis"). COIC accepted the property into the Large Lot Industrial (LLI) program on May 7, 2015. Subsequently, the City of Redmond amended its zoning code to add a Large Lot Industrial Zone, which addresses the requirements of the LLI program and ensures that properties with this zoning designation are to be utilized solely for large lot industrial or directly related purposes. DESCHUTES COUNTY COMPREHENSIVE PLAN — 201 1 CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION EXHIBIT "D" TO ORDINANCE NO. 2019-003 .Secti,otA, 4.2 Rrb 14,1-zat%ow PoL'cies Goals and Goal I Policy 4.2.1 Policy 4.2.2 Policy 4.2.3 Goal 2 Policy 4.2.4 Policy 4.2.5 Policy 4.2.6 Policy 4.2.7 Policies Coordinate with cities, special districts and stakeholders to support urban growth boundaries and urban reserve areas that provide an orderly and efficient transition between urban and rural lands. Participate in the processes initiated by cities in Deschutes County to create and/or amend their urban growth boundaries. Promote and coordinate the use of urban reserve areas. Review the idea of using rural reserves. Coordinate with cities, special districts and stakeholders on urban growth area zoning for lands inside urban growth boundaries but outside city boundaries. Use urban growth area zoning to coordinate land use decisions inside urban growth boundaries but outside the incorporated cities. Negotiate intergovernmental agreements to coordinate with cities on land use inside urban growth boundaries and outside the incorporated cities. Develop urban growth area zoning with consideration of the type, timing and location of public facilities and services provision consistent with city plans. Adopt by reference the comprehensive plans of Bend, La Pine, Redmond and Sisters, as the policy basis for implementing land use plans and ordinances in each city's urban growth boundary. Coordinate with cities, special districts and stakeholders on policies and zoning for lands outside urban growth boundaries but inside urban reserve areas. Designate the Redmond Urban Reserve Area on the County Comprehensive Plan Map and regulate it through a Redmond Urban Reserve Area (RURA) Combining Zone in Deschutes County Code, Title 18. In cooperation with the City of Redmond adopt a RURA Agreement consistent with their respective comprehensive plans and the requirements of Oregon Administrative Rule 660-021-0050 or its successor. The following land use policies guide zoning in the RURA. a. Plan and zone RURA lands for rural uses, in a manner that ensures the orderly, economic and efficient provision of urban services as these lands are brought into the urban growth boundary. b. New parcels shall be a minimum of ten acres. c. Until lands in the RURA are brought into the urban growth boundary, zone changes or plan amendments shall not allow more intensive uses or uses that Goal 3 Policy 4.2.8 Policy 4.2.9 Policy 4.2.10 10 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION EXHIBIT "D" TO ORDINANCE NO. 2019-003 Policy 4.2.1 1 Goal 4 Policy 4.2.12 Policy 4.2.13 Policy 4.2.14 Policy 4.2.15 Policy 4.2.16 Policy 4.2.17 Policy 4.2.18 generate more traffic, than were allowed prior to the establishment of the RURA. d. For Exclusive Farm Use zones, partitions shall be allowed based on state law and the County Zoning Ordinance. e. New arterial and collector rights-of-way in the RURA shall meet the right-of- way standards of Deschutes County or the City of Redmond, whichever is greater, but be physically constructed to Deschutes County standards. f. Protect from development existing and future arterial and collector rights-of- way, as designated on the County's Transportation System Plan. g. A single family dwelling on a legal parcel is permitted if that use was permitted before the RURA designation. Collaborate with the City of Redmond to assure that the County -owned 1,800 acres in the RURA is master planned before it is incorporated into Redmond's urban growth boundary. To build a strong and thriving regional economy by coordinating public investments, policies and regulations to support regional and state economic development objectives in Central Oregon. Deschutes 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 locate in Central Oregon. Deschutes County recognizes the importance of maintaining a large -lot industrial land supply that is readily developable in Central Oregon. The Central Oregon Regional Large Lot Industrial Land Need Analysis ("Analysis"), adopted by Ordinance 2013-002 is incorporated by reference herein. Within 6 months of the adoption of Ordinance 2013-002, in coordination with the participating local governments in Central Oregon, Deschutes 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. In accordance with OAR 660-024-004 and 0045, Deschutes County, fulfilling coordination duties specified in ORS 195.025, shall approve and update its comprehensive plan when participating cities within their jurisdiction legislatively or through a quasi-judicial process designate regionally significant sites. Deschutes 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 maintaining an inventory of appropriate sized and located industrial lots available to the market Deschutes 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. DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011 CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION EXHIBIT "D" TO ORDINANCE NO. 2019-003 II Policy 4.2.19 Deschutes County will strengthen long-term confidence in the economy by building innovative public to private sector partnerships. 12 DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011 CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION EXHIBIT "D" TO ORDINANCE NO. 2019-003 5ectiow 5.12 Leg%sl,Ativ2 1-tistovl� Background This section contains the legislative history of this Comprehensive Plan. Table 5.12.1 Comprehensive Plan Ordinance History Ordinance Date Adopted/ Effective Chapter/Section Amendment 201 1-003 8-10-1 1/ 1 1-9-1 1 All, except Transportation, Tumalo and Terrebonne Community Plans, Deschutes Junction, Destination Resorts and ordinances adopted in 2011 Comprehensive Plan update 2011-027 10-31-1 1 / 1 1-9-1 I 2.5, 2.6, 3.4, 3.10, 3.5, 4.6, 5.3, 5.8, 5.1 1, 23.40A, 23.40B, 23.40.065, 23.01.010 Housekeeping amendments to ensure a smooth transition to the updated Plan 2012-005 8-20-12/11-19-12 23.60, 23.64 (repealed), 3.7 (revised), Appendix C (added) Updated Transportation System Plan 2012-012 8-20-12/8-20-12 4.1, 4.2 La Pine Urban Growth Boundary 2012-016 12-3-12/3-4-13 3.9 Housekeeping amendments to Destination Resort Chapter 2013-002 1-7-13/1-7-13 4.2 Central Oregon Regional Large -lot Employment Land Need Analysis 2013-009 2-6-13/5-8-13 1.3 Comprehensive Plan Map Amendment, changing designation of certain property from Agriculture to Rural Residential Exception Area 2013-012 5-8-13/8-6-13 23.01.010 Comprehensive Plan Map Amendment, including certain property within City of Bend Urban Growth Boundary 2013-007 5-29-13/8-27-13 3.10, 3.1 1 Newberry Country: A Plan for Southern Deschutes County I DESCHUTES COUNTY COMPREHENSIVE PLAN - 201 I CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY EXHIBIT "E" TO ORDINANCE NO. 2019-003 2013-016 10-21-13/10-21-13 23.01.010 Comprehensive Plan Map Amendment, including certain property within City of Sisters Urban Growth Boundary 2014-005 2-26-14/2-26-14 23.01.010 Comprehensive Plan Map Amendment, including certain property within City of Bend Urban Growth Boundary 2014-012 4-2-14/7-1-14 3.10, 3. I I Housekeeping amendments to Title 23. 2014-021 8-27-14/11-25-14 23.01.010, 5.10 Comprehensive Plan Map Amendment, changing designation of certain property from Sunriver Urban Unincorporated Community Forest to Sunriver Urban Unincorporated Community Utility 2014-021 8-27-14/11-25-14 23.01.010, 5.10 Comprehensive Plan Map Amendment, changing designation of certain property from Sunriver Urban Unincorporated Community Forest to Sunriver Urban Unincorporated Community Utility 2014-027 12-15-14/3-31-15 23.01.010, 5.10 Comprehensive Plan Map Amendment, changing designation of certain property from Agriculture to Rural Industrial 2015-021 11-9-15/2-22-16 23.01.010 Comprehensive Plan Map Amendment, changing designation of certain property from Agriculture to Surface Mining. 2015-029 11-23-15/11-30-15 23.01.010 Comprehensive Plan Map Amendment, changing designation of certain property from Tumalo Residential 5 -Acre Minimum to Tumalo Industrial 2015-018 12-9-15/3-27-16 23.01.010, 2.2, 4.3 Housekeeping Amendments to Title 23. DESCHUTES COUNTY COMPREHENSIVE PLAN - 201 1 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY EXHIBIT "E" TO ORDINANCE NO. 2019-003 2 2015-010 12-2-15/12-2-15 2.6 Comprehensive Plan Text and Map Amendment recognizing Greater Sage -Grouse Habitat Inventories 2016-001 12-21-15/04-5-16 23.01.010; 5.10 Comprehensive Plan Map Amendment, changing designation of certain property from, Agriculture to Rural Industrial (exception area) 2016-007 2-10-16/5-10-16 23.01.010; 5.10 Comprehensive Plan Amendment to add an exception to Statewide Planning Goal 11 to allow sewers in unincorporated lands in Southern Deschutes County 2016 -005 11-28-16/2-16-17 23.01.010, 2.2, 3.3 Comprehensive Plan Amendment recognizing non - resource lands process allowed under State law to change EFU zoning 2016-022 9-28-16/11-14-16 23.01.010, 1.3, 4.2 Comprehensive plan Amendment, including certain property within City of Bend Urban Growth Boundary 2016-029 12-14-16/12/28/16 23.01.010 Comprehensive Plan Map Amendment, changing designation of certain property from, Agriculture to Rural Industrial 2017-007 10-30-17/10-30-17 23.01.010 Comprehensive Plan Map Amendment, changing designation of certain property from Agriculture to Rural Residential Exception Area 2018-002 1-3-18/1-25-18 23.01, 2.6 Comprehensive Plan Amendment permitting churches in the Wildlife Area Combining Zone 3 DESCHUTES COUNTY COMPREHENSIVE PLAN - 201 I CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.I2 LEGISLATIVE HISTORY EXHIBIT "E" TO ORDINANCE NO. 2019-003 2018-006 8-22-18/11-20-18 23.01.010, 5.8, 5.9 Housekeeping Amendments correcting tax lot numbers in Non -Significant Mining Mineral and Aggregate Inventory; modifying Goal 5 Inventory of Cultural and Historic Resources 2018-011 9-12-18/12-11-18 23.01.010 Comprehensive Plan Map Amendment, changing designation of certain property from Agriculture to Rural Residential Exception Area 2018-005 9-19-18/10-10-18 23.01.010, 2.5, Tumalo Community Plan, Newberry Country Plan Comprehensive Plan Map Amendment, removing Flood Plain Comprehensive Plan Designation; Comprehensive Plan Amendment adding Flood Plain Combining Zone purpose statement. 2018-008 9-26-18/10-26-18 23.01.010, 3.4 Comprehensive Plan Amendment allowing for the potential of new properties to be designated as Rural Commercial or Rural Industrial 2019-002 1-2-19/4-2-19 23.01.010, 5.8 Comprehensive Plan Map Amendment changing designation of certain property from Surface Mining to Rural Residential Exception Area; Modifying Goal 5 Mineral and Aggregate Inventory; Modifying Non - Significant Mining Mineral and Aggregate Inventory 2019-001 1-16-19/4-16-19 1.3, 3.3, 4.2, 5.10, 23.01 Comprehensive Plan and Text Amendment to add a new zone to Title 19: Westside Transect Zone. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY EXHIBIT "E" TO ORDINANCE NO. 2019-003 4 2019-003 TBD/TBD 23.01.010, 4.2 Comprehensive Plan Map Amendment changing designation of certain property from Agriculture to Redmond Urban Growth Area for the Large Lot Industrial Program 5 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY EXHIBIT "E" TO ORDINANCE NO. 2019-003 DESCHUTES COUNTY HEARINGS OFFICER DECISION FILE NUMBER: 247 -18 -000751 -PA APPLICANT/OWNER: Oregon Department of State Lands (DSL) John M. Swanson, Real Property Planner 775 Summer St. NE, Ste. 100 Salem, OR 97301 APPLICANT'S AGENT: Angelo Planning Group Matt Hastie, Project Manager 921 SW Washington St., Ste. 468 Portland, OR 97205 PROPOSAL: Comprehensive Plan Amendment to redesignate 789 acres of the subject property from Agriculture to Redmond Urban Growth Area. The applicant is proposing to amend the Urban Growth Boundary (UGB) for the City of Redmond to allow for large -lot industrial development, in accordance with the Central Oregon Regional Large Lot Industrial Lands Program. The applicant has submitted a related application (247- 18 -000752 -PA) for the remaining 160 acres of the property. STAFF REVIEWER: Tanya Saltzman, Associate Planner Tanya.Saltzman@deschutes.org; 541-388-6528 HEARINGS OFFICER: Dan R. Olsen The following decision adopts the Staff Report, including staff's conclusions regarding the applicable standards and criteria, with minor substantive revisions and edits. Substantive revisions are noted as Hearings Officer. I. APPLICABLE STANDARDS AND CRITERIA: Deschutes County Code, Title 18, County Zoning Ordinance Deschutes County Code, Title 22, Procedures Ordinance Deschutes County Code, Title 23, Comprehensive Plan Chapter 1, Comprehensive Planning Chapter 2, Resource Management EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 1 of 46 Chapter 3, Rural Growth Management Chapter 4, Urban Growth Management Oregon Administrative Rules (OAR). Chapter 660 Division 12, Transportation Division 15, Statewide Planning Goals and Guidelines Division 18, Post -Acknowledgement Amendments Division 24, Urban Growth Boundaries Oregon Revised Statutes (ORS) ORS 197.298, Priority of Land to be Included within Urban Growth Boundary II. BASIC FINDINGS and CONCLUSIONS: A. LOCATION: The subject property has an assigned address of 4800 SW 19th Street, Redmond, and is identified on the Deschutes County Assessor's Map as 15-13, Tax Lot 130. The property, which in total consists of 949 acres, is referred to throughout the application and supporting materials as the South Redmond Tract. The 789 -acre portion of the subject property that this application addresses is known as the Large Lot Industrial Site, and is illustrated on the map below. iCHCOUNTY RGROUNDS AND 4PO CENTER B. LOT OF RECORD: Per DCC 22.04.040 Verifying Lots of Record, lot of record verification is EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 2 of 46 required for certain permits: B. Permits requiring verification 1. Unless an exception applies pursuant to subsection (B)(2) below, verifying a lot parcel pursuant to subsection (C) shall be required to the issuance of the following permits: a. Any land use permit for a unit of land in the Exclusive Farm Use Zones (DCC Chapter 18.16), Forest Use Zone - F1 (DCC Chapter 18.36), or Forest Use Zone - F2 (DCC Chapter 18.40); b. Any permit for a lot or parcel that includes wetlands as show on the Statewide Wetlands Inventory; c. Any permit for a lot or parcel subject to wildlife habitat special assessment; d. In all zones, a land use permit relocating property lines that reduces in size a lot or parcel' e. In all zones, a land use, structural, or non -emergency on-site sewage disposal system permit if the lot or parcel is smaller than the minimum area required in the applicable zone; In the Powell/Ramsey (PA -14-2, ZC-14-2) hearings officer decision, the Hearings Officer held to a prior Zone Change Decision (Belveron ZC-08-04) that a property's lot of record status was not required to be verified as part of a plan amendment and zone change application. Rather, the applicant would be required to receive lot of record verification prior to any development on the subject property. Therefore this criterion is not applicable. C. PROPOSAL: The applicant is proposing to amend the Urban Growth Boundary (UGB) for the City of Redmond to allow for large -lot industrial development, in accordance with the Central Oregon Regional Large Lot Industrial Lands Program. The applicant requests approval of a Comprehensive Plan Amendment to re -designate 789 acres of the property from Agriculture to Redmond Urban Growth Area. The applicant has submitted a related application (247 -18- 000752 -PA) for the remaining 160 acres of the property. D. ZONING AND PLAN DESIGNATIONS: The subject property is currently within the land use management jurisdiction of Deschutes County. The Deschutes County Comprehensive Plan map designates the subject property as Agriculture. The subject property is within the Exclusive Farm Use Zone - Alfalfa subzone (EFU-AL). E. SITE DESCRIPTION: The 789 -acre subject property, which is currently vacant, is located on the southern boundary of the Redmond UGB, east of U.S. Highway 97. It is located directly south of the Deschutes County Fairgrounds, and south and east of the City of Redmond's Juniper Golf Course. The Redmond Municipal Airport is located to the northeast. The subject property was acquired by the Department of State Lands from the U.S. Bureau of Land management (BLM) as a land grant in 2007 and has been used for rangeland, open space for recreation, wildlife habitat and military training by the Oregon National Guard and Army Reserve. It consists of Western juniper and sagebrush with scattered lava rock outcrops, and EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 3 of 46 is relatively level. A BNSF railroad right-of-way crosses the Tract at its west end; electric utility lines parallel this right-of-way and Bonneville Power Administration and Central Electric Cooperative electric transmission lines extend through the property. Although the property is zoned EFU, it has never been farmed, owing to its lack of water and proximity to urban uses. F. SURROUNDING LAND USES: Surrounding land uses generally consist of civic/institutional, agricultural, industrial and limited rural residential uses. The Deschutes County Fairgrounds and Exposition Center is located directly to the north, and the City of Redmond's Juniper Golf Course is to the north and west. The Redmond Municipal Airport is less than two miles northeast of the subject property. To the south and east of the subject property are large tracts of land owned by the Bureau of Land Management (BLM) which are currently vacant. To the west of the subject property is U.S. Highway 97 and land used for small-scale agriculture and limited residential uses, including Mountain View Mobile Home Park. A BNSF railroad right-of-way crosses the Tract at its west end. Zoning in the areas to the south and east of the subject property consist primarily of Deschutes County Exclusive Farm Use (EFU). To the west, there are smaller areas of land zoned Multiple Use Agricultural (MUA-10). The areas to the north and west are primarily located within the Redmond Urban Growth Boundary, zoned Park Reserve Open Space (OSPR), Open Space and Conservation (OS&C), Light Industrial and Light Industrial - Limited (M1 and M1 -L), and Fairgrounds (FG). G. SOILS: According to Natural Resources Conservation Service (NRCS) maps of the area, the subject property contains three different soil types, as described below. 33B, Deschutes-Houstake complex, 0 to 8 percent slopes: This soil complex is composed of 50 percent Deschutes soil and similar inclusions, 35 percent Houstake soil and similar inclusions and 15 percent contrasting inclusions. The Deschutes soils are well drained with a moderately rapid permeability, and about 3.7 inches of available water capacity. Houstake soils are well drained with a moderate permeability, and about 7 inches of available water capacity. Major uses of this soil type are irrigated cropland and livestock grazing. The agricultural capability rating for 33B soils are 3E when irrigated, and 6E when not irrigated. This soil is high-value when irrigated. Approximately thirty-three (33) percent of the entire property is made up of this soil type. 35B, Deschutes-Stukel complex, dry, 0 to 8 percent slope: This soil complex is composed of 50 percent Deschutes soil and similar inclusions, 35 percent Stukel soil and similar inclusions, and 15 percent contrasting inclusions. The Deschutes soils are well drained with a moderately rapid permeability, and about 7 inches of available water capacity. The Stukel soils are well drained with moderately rapid permeability and about 2.2 inches of available water capacity. Major uses of this soil type are irrigated cropland and livestock grazing. The agricultural capability rating for 35B soils are 4E when irrigated, and 6E when not irrigated. This soil is high-value when irrigated. Approximately eight (8) percent of the entire property is made up of this soil type. EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 4 of 46 142B, Stukel-rock outcrop - Deschutes complex, 0 to 8 percent slopes: This soil type is comprised of 35 percent Stukel soil and similar inclusions, 30 percent rock outcrop, 20 percent Deschutes soil and similar inclusions, and 15 percent contrasting inclusions. Stukel soils are well drained with moderately rapid permeability. The available water capacity is about 2 inches. Deschutes soils are well drained with moderately rapid permeability. Available water capacity is about 3.7 inches. The major use for this soil type is livestock grazing. The Stukel soils have ratings of 6E when unirrigated, and no rating when irrigated. The rock outcrop has a rating of 8, with or without irrigation. The Deschutes soils have ratings of 6E when unirrigated, and no rating when irrigated. Approximately fifty-nine (59) percent of the entire property is made up of this soil type. H. PUBLIC AND PRIVATE AGENCY COMMENTS: The Planning Division mailed notice of the application and notice of the public hearing to several agencies. No comments were received. Deschutes County Senior Transportation Planner Peter Russell was requested to review the applicant's findings with respect to the Transportation Analysis Memorandum; his comments appear in the findings to OAR Division 12, Transportation Planning. The following agencies either had no comment or did not respond to the notice: Bureau of Land Management (BLM), Oregon Department of Transportation, City of Redmond, State of Oregon, Department of Land Conservation and Development, and Deschutes County Property Management. I. PUBLIC COMMENTS: On September 19, 2018, the Planning Division mailed a Notice of Application to all property owners within 750 feet of the subject property. No written comments from the public were received prior to the close of the record. J. NOTICE REQUIREMENT: The applicant complied with the posted notice requirements of Section 22.23.030(B) of Deschutes County Code (DCC) Title 22. The applicant submitted a Land Use Action Sign Affidavit, dated October 10, 2018, indicating the applicant posted notice of the land use action on the property on that same date. On October 30, 2018, the Planning Division mailed a Notice of Public Hearing to all property owners within 750 feet of the subject property. A Notice of Public Hearing was published in the Bend Bulletin on Sunday, November 4, 2018. Notice of the first evidentiary hearing was submitted to the Department of Land Conservation and Development on October 16, 2018. K. REVIEW PERIOD: The application was submitted on September 12, 2018. The application was deemed complete on October 15, 2018. According to Deschutes County Code 22.20.040(D), the review of the proposed quasi-judicial Plan Amendment and Zone Change applications are not subject to the 150 -day review period. L. LAND USE HISTORY: The South Redmond Tract is owned by the Oregon Department of State Lands (DSL) for the exclusive benefit of the Common School Fund (CSF). Revenues generated by the land are dedicated to the support of K-12 public schools throughout the state. According to the applicant, in October 2008 the State Land Board, which oversees DSL, EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 5 of 46 adopted the South Redmond Tract Land Use and Management Plan (Plan). The Plan set out a concept for urban development of the Tract that is consistent with state land use law, advances DSL's mission to maximize revenue for the CSF, and benefits the local community and regional economy of Central Oregon. Prior to 2007 the subject property was owned and managed by the U.S. Bureau of Land Management (BLM). Previous land use actions associated with the subject property are: 247-SP0750-PL (2007): Site plan review for the removal and replacement of utility poles. 247-PS1240-PL (2012): Land Use Compatibility Statement (LUCS). 247 -14 -000158 -LL, 159 -LL, and 160 -LL (2014): Application for a property line adjustment between four legal lots of record. 247 -18 -000631 -PS: Land Use Compatibility Statement (LUCS) for sign -off for the Redmond Turkey Trot road race. M. HEARING. Hearings Officer: At the outset of the hearing I provided the statutorily required notices. I noted that I had no conflicts of interest, had received no ex parte contacts and had not conducted a site visit. I explained the right to a continuance or extension of the open record period, but no such request was made. Matt Hastie, Angelo Planning Group, testified for the applicant. There was no other testimony. Staff presented a Power Point presentation outlining the proposal, a copy of which is in the record. Staff also introduced into the record the 2007 Agreement between the City of Redmond and Deschutes County governing land use matters within the Redmond Unincorporated Urban Growth Area and the Redmond Urban Reserve Area. The Agreement was adopted pursuant to ORS Chapter 190. Among other things it designates Deschutes County as the entity with authority to process and decide amendments to the Redmond Urban Growth Boundary and amendments to the County comprehensive plan, plan map, zoning map and regulations until such time as property is brought within the Redmond Urban Growth Boundary, subject to approval by the Redmond City Council. (Hearing Ex. 1) Mr. Hastie and staff noted that Redmond concurrently is processing the related city land use applications, culminating in a joint public hearing at which the Redmond City Council and Deschutes County Board of Commissioners will make their respective final decisions on the applications. III. FINDINGS AND CONCLUSIONS - APPROVAL CRITERIA EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 6 of 46 TITLE 18 OF THE DESCHUTES COUNTY CODE (ZONING ORDINANCE) Chapter 18.136, Amendments Section 18.136.010, Amendments DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for text or legislative map changes shall be as set forth in DCC 22.12. A request by a property owner for a quasi-judicial map amendment shall be accomplished by filing an application on forms provided by the Planning Department and shall be subject to applicable procedures of DCC Title 22. FINDING: The applicant, also the property owner, has requested a quasi-judicial plan amendment and filed the application for a Plan Amendment. The applicant has filed the required Planning Division's land use application forms for the proposal. The application will be reviewed utilizing the applicable procedures contained in Title 22 of the Deschutes County Code. TITLE 23 OF THE DESCHUTES COUNTY CODE (COMPREHENSIVE PLAN) Chapter 1, Comprehensive Planning Section 1.3, Land Use Planning Goal 1. Maintain an open and public land use process in which decisions are based on the objective evaluation of facts. FINDING: The applicant notes that the response to this Goal echoes that of Statewide Planning Goal 1, and staff supports this statement. This proposal was developed specifically in response to the provisions of the Large Lot Industrial (LLI) program and the associated OAR rules, which explicitly require an objective evaluation of facts. In the burden of proof, the applicant has provided an outline of the decision-making process for large lot industrial lands and the associated UGB amendment; this includes background data of economic analyses, land suitability studies, and transportation analyses. Goal 2. Promote regional cooperation and partnerships on planning issues. FINDING: As noted above, this proposal for a UGB amendment was developed as a specific response to the LLI program, which is based on regional collaboration between cities and counties of Central Oregon, the Economic Development Council of Oregon (EDCO), the Central Oregon Intergovernmental Council (COIC), and state agencies. The Large Lot Industrial program is the result of several years of coordination with the aforementioned parties to identify larger regional solutions for economic development issues that exist beyond the scope of local jurisdictions. EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 7 of 46 The applicant's burden of proof provides an overview of the partnerships and process for the Large Lot Industrial program as follows. While some of the process outlined below concerns the City of Redmond and thus is beyond the scope of this application, staff believes it is important to outline all of the facets of the Large Lot Industrial program as a whole. Over the last several decades, economic trends of globalization and technological change have produced demand for developable parcels of industrial land from 50 to 200 or more acres in size. The cities and counties of Central Oregon, in coordination with state economic development officials, identified this potential demand as an economic opportunity for the region in 2009-2010. Large -lot industrial development had potential to diversify the regional economy of Central Oregon and ensure greater resilience through economic downturns, such as the recession of 2009-2011. However, economic development officials found that site selectors who represent firms interested in large -lot development would not consider a location if the region did not have an adequate pool of sites of a sufficient size that were suitable and available for industrial development. Conventional employment land needs analysis had not accounted for this specific type of industrial land need. As a result, the cities and counties of Central Oregon had not identified a sufficient number of sites nor applied appropriate zoning designations that allowed large -lot industrial uses. Under Oregon's statewide land use planning program—Oregon Administrative Rule (OAR) 660, Divisions 9 and 24—cities and counties plan for employment land at a jurisdictional level. These land need analyses ensure that each jurisdiction designates a sufficient supply of employment land in aggregate; however, the analyses do not account for the specific need for a supply of industrial parcels of a significant size of over 50 acres. The conventional land needs analysis also does not account for the possibility for the cities and counties of Central Oregon to compete as a unified region when attempting to attract or retain firms. Due to the significant size of the large -lot industrial sites, a single city or county cannot designate a sufficient number of sites to compete with larger regions across the United States and internationally. However, a region -wide supply of large -lot industrial sites of varying sizes and characteristics could enable Central Oregon to compete on a global scale. In response to this challenge, the cities and counties of Central Oregon collaborated to perform a regional land needs analysis that would assess the demand for this specific type of large -lot industrial land and evaluate Central Oregon's capacity to meet that demand. Deschutes County, in coordination with regional partners, completed that Central Oregon Large Lot Industrial Land Needs Analysis (LLA) in 2012. The Analysis surveys broad national, state and local economic trends, outlooks and factors that affect demand for large -lot industrial land in Central Oregon. The specific trends and dynamics of the large - lot market are assessed in tandem with the strengths and challenges for this type of development in Central Oregon. The Analysis identifies a set of target industries that may find Central Oregon suitable for large -lot development, including data centers, high technology manufacturing, and warehousing and distribution. Finally, the Analysis determines the needed characteristics of sites and estimates the short-term demand for large -lot sites in the region. EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 8 of 46 The Analysis concludes that there is an unmet need for six sites in at least three jurisdictions of Central Oregon. According to the analysis, a range of site acreages should be made available in order to provide sufficient options for prospective industries or site selectors. Table 1. Recommended Short -Term Competitive Large Lot Industrial Inventory' 50-100 ACRES 100-200 ACRES 200+ ACRES TOTAL Number of Sites 3 2 1 6 Jurisdictions 3 2 1 Pursuant to OAR 660-024-0045, Large Lot Industrial Land, if the Analysis is adopted into the comprehensive plans of the counties of Central Oregon and the cities and counties of Central Oregon have entered into an Intergovernmental Agreement to implement the Analysis, the Analysis provides an adequate factual basis for a determination of need for large -lot industrial land for any participating city that adopts the Analysis into its comprehensive plan. Intergovernmental Agreement with Central Oregon Intergovernmental Council and Amendments to Comprehensive Plans of Counties The Central Oregon Large Lot Industrial Lands Program is administered by COIL Pursuant to OAR 660-024-0045, the cities and counties of Central Oregon entered into an Intergovernmental Agreement (IGA) with COIC to administer the process of qualifying sites for inclusion in the program. The IGA was executed on April 9th, 2013 and is incorporated into this report as Exhibit A. The cities and counties of Central Oregon are authorized to enter written agreement with COIC and execute the provisions of the agreement by statute (ORS 190.010 to 190.030, 190.003, and 195.025). In accordance with OAR 660-024-0045, the IGA defines the process by which the counties and cities of Central Oregon and COIC will identify and select sites to meet the need for large lot industrial land determined by the Analysis. The IGA stipulates, among other responsibilities, that counties shall adopt the Analysis into their comprehensive plan, cities and counties shall coordinate to identify and propose sites to COIC for inclusion in the program, and COIC shall review sites to verify they conform to the criteria defined by the Analysis and the applicable administrative rules that govern the program. Following the execution of the IGA, Jefferson, Crook, and Deschutes Counties amended their comprehensive plans to adopt the Analysis and associated goals and policies in support of the Central Oregon Large Lot Industrial Lands program. City of Redmond Comprehensive Plan Amendment The City of Redmond amended its comprehensive plan to adopt the Analysis and associated goals and policies in support of the LLI program on December 10th, 2013 (City of Redmond Ordinance #2013- 15). The amendment adopts the Analysis as a reference document to the comprehensive plan. 1 Adapted from Central Oregon Large Lot Industrial Land Needs Analysis, p. 60 EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 9 of 46 City of Redmond Proposal of South Redmond Tract The City of Redmond submitted a proposal to COIC to include the South Redmond Tract in the LLI program on April 17, 2015. The City proposed that the Tract meet the regional need for one site of 200 or more acres in size. On May 7, 2015, the COIC board passed a resolution finding that the application meets all the applicable requirements and approved the South Redmond Tract as a 200 plus acre site for the LLI program. This resolution is incorporated into this report as Exhibit C. City of Redmond Large Lot Industrial Zone Adoption On September 22, 2015, the City of Redmond amended the Redmond City Code, Chapter 8, Article 1, Zoning Standards, to add a Large Lot Industrial Zone (Section 8.0186 to 8.0195). The zone addresses the requirements of OAR 660-024-0045, which is intended to preserve sites designated to meet large lot industrial need by the LLI program for primarily large lot industrial development. The code stipulates that the any property within the zone cannot be rezoned to any other city zone within ten years of initial designation. Further, any proposed uses outside of traded -sector uses must either be subordinate industrial uses in support of the traded -sector use or a limited amount of service commercial or retail development that supports the traded -sector use. Pursuant to OAR 660-024-0045 and the requirements of the LLI program, this application proposes the South Redmond Tract be designated for the LLI zone. Given the structure of the Regional Large Lot Industrial Lands program as described by the applicant, staff concludes that this proposal is based on a cooperative partnership process for regional planning, and is consistent with this goal. Chapter 2, Resource Management Section 2.2, Agricultural Lands Policies Goal 1. Preserve and maintain agricultural lands and the agricultural industry. Policy 2.2.1 Retain agricultural lands through Exclusive Farm Use zoning Policy 2.2.2 Exclusive Farm Use sub -zones shall remain as described in the 1992 Farm Study and shown in the table below, unless adequate legal findings for amending the sub -zones are adopted or an individual parcel is rezoned as allowed by Policy 2.2.3. FINDING: The applicant's findings concerning agricultural land can be found in the findings to Statewide Planning Goal 3, Agricultural Land. Policy 2.2.3 below provides legal evidence concerning Policy 2.2.2, supporting re -designating the subject property to Redmond Urban Growth Area. Policy 2.2.3 Allow comprehensive plan and zoning map amendments for individual EFU parcels as allowed by State Statute, Oregon Administrative Rules and this Comprehensive Plan. EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 10 of 46 FINDING: The applicant has applied for a Plan Amendment to re -designate the subject property from Agriculture to Redmond Urban Growth Area. It is important to note that the circumstances in which this application has been developed and submitted are unique and specific: the subject property has been selected as an eligible site for the Central Oregon Large Lot Industrial (LLI) Lands Program, a multi jurisdictional collaboration to ensure the region can attract and retain traded - sector industries that require an adequate supply of large, developable parcels of industrial land. Additional details about the program appear in the response to Comprehensive Plan Section 1.3, Goal 2, as well as in the applicant's burden of proof, both of which outline compliance with State Statute, Oregon Administrative Rules, and the Deschutes County Comprehensive Plan. The subject property is proposed to be utilized for Targe lot industrial needs. This is pursuant to OAR 660-024-0040 and OAR 660-024-0045, which state that "Local governments in Crook, Deschutes or Jefferson Counties may determine a need for large lot industrial lands in the region and provide sites to meet the need in accordance with this rule." According to this rule, sites are to be identified in the adopted analysis, in this case the Central Oregon Large Lot Industrial Needs Analysis (referred to henceforth as the Analysis), published in 2012 by the Intergovernmental Agreement (IGA) of Central Oregon Cities, Counties, and Central Oregon Intergovernmental Council (COIC). The IGA defines the process by which sites will be identified to meet the region's large -lot industrial needs. The City of Redmond submitted a proposal to COIC, which administers the program, to include the South Redmond Tract in the Large Lot Industrial program, stating that it would meet the documented need for a 200 -acre -or -larger site. On May 7, 2015, the COIC board approved the South Redmond Tract as a site to be utilized in the LLI program. Given the state policy concerning Targe lot industrial lands and the subsequent actions taken by the cities, counties and COIC recognizing the subject property as a large lot industrial site, a comprehensive plan amendment for this EFU parcel is warranted. Policy 2.2.4 Develop comprehensive policy criteria and code to provide clarity on when and how EFU parcels can be converted to other designations. FINDING: This plan policy provides direction to Deschutes County to develop new policies to provide clarity when EFU parcels can be converted to other designations. As noted above, the subject property has been identified as a potential Large Lot Industrial site pursuant to the policies in OAR 660-024-0040 and 660-024-0045. Subsequently, Deschutes County adopted the Analysis into its comprehensive plan to specifically allow for conversion of parcels into large lot industrial sites. This was codified by County Ordinance No. 2013-002. The applicant notes that the South Redmond Tract meets the need for one site in the region that is 200 acres or more, in accordance with the Analysis and therefore, the proposal is consistent with this policy. Policy 2.2.5 Uses allowed in Exclusive Farm Use zones shall comply with State Statute and Oregon Administrative Rule. EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 11 of 46 FINDING: The applicant is requesting approval of a plan amendment to re -designate the subject property as Redmond Urban Growth Area, and in doing so will amend the City of Redmond's Urban Growth Boundary. This application does not rezone the subject property. The applicant is pursuing a subsequent application process through the City of Redmond to annex, rezone, and master plan the property for Targe lot industrial land development, pursuant to OAR 660-024-0040 and 660-024- 0045. Staff finds this policy is not applicable to the application at hand. Section 2.4, Goal 5 Overview Policies Goal 1. Protect Goal 5 resources FINDING: The applicant addresses this goal in the findings to Policy 2.7.1, below. Section 2.5, Water Resources Policies Goal 6. Coordinate land use and water policies. Policy 2.5.24 Ensure water impacts are reviewed and, if necessary, addressed for significant land uses or developments. FINDING: The applicant's burden of proof states that any potential negative water impacts of future development will be identified and mitigated during the development review process for the site. Staff agrees and adds that one component of the site selection process for the Large Lot Industrial program included consideration of proximity to water and wastewater infrastructure. Section 2.7, Open Spaces, Scenic Views and Sites Goal 1. Coordinate with property owners to ensure protection of significant open spaces and scenic views and sites. FINDING: The applicant addressed this concern in the burden of proof, stating: DSL consulted with Deschutes County about the nature of the scenic view protections that apply to the South Redmond Tract in preparing this application. County staff informed DSL that neither of the subject parcels are included in the County inventory of significant open spaces or scenic views. As described in response to Statewide Planning Goal 5, in section 3.2 of this report, a portion of the site is currently subject to the requirements of the Landscape Management (LM) overlay zone. The LM overlay was adopted as part of a 1992 periodic review Comprehensive Plan update by Deschutes County. The intent of the zone was to protect the scenic qualities of rural areas throughout the US 97 corridor. The adopting ordinance specifies that the LM overlay shall apply to the US 97 corridor between the northern boundary of the City of Bend to the southern boundary of the City of Redmond.2 As this application proposes to expand the southern city boundary of the City of Redmond to include 2 City of Redmond Ordinance No. 92-052, p.7. EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 12 of 46 this property, the LM overlay zone will no longer apply to the property. The overlay zone is intended to apply to the rural corridor between the two cities and not to the land planned for urban development within either city. Staff finds that this policy does not apply since the subject property will be under the City of Redmond's land use authority. Policy 2.7.1 Goal 5 open spaces, scenic views and sites inventories, ESEEs and programs are retained and not repealed. FINDING: The proposal will not impact any Goal 5 inventories or protection programs outside the LM boundary, which is discussed above. The small portion of the site that is currently subject to the requirements of the LM overlay zone will no longer apply upon the approval of this application, since the subject property will become part of the Redmond UGB. Policy 2.7.2 Cooperate with stakeholders to establish a comprehensive system of connected open spaces. FINDING: Throughout the process of establishing the Large Lot Industrial Lands program, the Department of State Lands, the City of Redmond, and Deschutes County have worked together to identify opportunities for ways in which to connect to and create open space. Exhibit E of the applicant's burden of proof, Master Development Plan, illustrates potential locations for open/public space throughout the subject property, as well as an urban -rural interface on the west side of the property, which includes a 100 -foot open space buffer. The proposal meets this policy. Policy 2.7.3 Support efforts to identify and protect significant open spaces and visually important areas including those that provide a visual separation between communities such as the open spaces of Bend and Redmond or lands that are visually prominent. Policy 2.7.4 Encourage a variety of approaches that protect significant open spaces and scenic views and sites. FINDING: As noted above, the portion of the site that is currently subject to the requirements of the LM zone—approximately 0.85 miles of the 12 -mile LM corridor—will no longer be applicable upon the approval of this application; there is no other designation of visual importance for the subject property. Staff finds that the proposal meets these policies. Policy 2.7.5 Encourage new development to be sensitive to scenic views and sites. FINDING: The Master Development Plan for the proposed property identifies potential scenic views to be considered as well as open and public space. The applicant noted further: Additionally, the City of Redmond's LLI zone requires a Conceptual Development Plan be submitted when a development is proposed for the site. The Conceptual Development Plan must include an identification of land for open spaces and urban design approaches for integrating open spaces with EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 13 of 46 other elements throughout the site. The County may suggest approaches for protecting scenic views when a development is proposed in the future. Staff concurs with the applicant's statement and agrees that the proposal is consistent with this policy. FINDING: Measures to address scenic views and sites have been described in the property's Master Development Plan as well as the City of Redmond's development code. However, no actual development of the property is proposed at this time; therefore, staff finds these policies do not apply to the subject proposal. Section 2.8 Energy Policies Goal 1. Promote energy conservation. Goal 2. Promote affordable, efficient, reliable and environmentally sound energy systems for individual home and business consumers. Goal 3. Promote affordable, efficient, reliable and environmentally sound commercial energy facilities. FINDING: The applicant provides responses pertaining to these three goals in their response to Statewide Planning Goal 13, Energy Conservation, below. Section 2.9 Environmental Quality Goal 1. Maintain and improve the quality of the air, water and land. Goal 2. Promote sustainable building practices that minimize the impacts on the natural environment. FINDING: The applicant provides responses pertaining to these two goals in their response to Statewide Planning Goal 6, Air, Water, and Land Resources Quality, below. Chapter 3. Rural Growth Management Section 3.3, Rural Housing Policies Goal 1. Maintain the rural character and safety of housing in unincorporated Deschutes County. FINDING: This application will not adversely impact the rural character and safety of housing in unincorporated Deschutes County, as the proposal is not planned to be used or zoned for housing. As detailed above in Section II, Findings of Fact, a small portion of land to the west of the subject property is zoned Multiple Use Agricultural (MUA-10). This County zone is intended to allow for a EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 14 of 46 wide range of uses, from single-family housing and manufactured homes to agricultural and rural commercial uses. The areas zoned MUA-10 that are adjacent to the subject property include a small number of single-family homes and two manufactured home parks. In response to Goal 1, the applicant's burden of proof provides the following: Any potential impacts of future large lot industrial development on rural housing in adjacent MUA areas can be mitigated through application of the Master Development Plan requirements for annexation into the City and the Conceptual Phased Site Development Plan requirements of the LLI Zone. Pursuant to the Master Development Plan Requirements, the master plan for the site must be consistent with Redmond's Great Neighborhood Principles. One of these principles is to establish an appropriate urban -rural interface, including a 100' buffer between urban areas within the UGB and adjacent rural areas and other transitional elements, such as transitions to lower intensities of development. As shown on the MDP Map (Exhibit E), this buffer will apply to the site boundaries adjacent to MUA areas. Additionally, where appropriate, the height of buildings will decrease along these frontages to provide a transition to rural areas. Secondly, the LLI zone requires a Conceptual Phased Site Development Plan. The site plan must identity areas for open spaces, among other requirements. The Redmond Planning Commission may require sufficient open space adjacent to these residential areas to preserve their rural character. In addition, development in the zone is subject to the Redmond's general design review criteria, which includes provisions for building form, screening, landscaping, and parking lot design that may be used to minimize any impacts to rural character. Due to the design review provisions of the LLI zone and Master Development Plan requirements for annexation into the City, this amendment will not impact the rural character of these MUA areas. Thus, the amendment is consistent with rural housing Goal 1. Based on the above planning provisions and the applicant's burden of proof, staff agrees that the proposal complies with rural housing Goal 1. Section 3.4, Rural Economy Policies Goal 1. Maintain a stable and sustainable rural economy, compatible with rural lifestyles and a healthy environment. FINDING: As noted above, the western portion of the subject property lies adjacent to the MUA-1 0 zoning district, which consists of a small number of single-family homes and two manufactured home parks. The Multiple Use Agricultural zone also allows for rural economic uses. The applicant cites the findings in Section 3.3, Rural Housing Policies above as applicable to Rural Economy Policies as well: the design review requirements of the LLI zone as well as the Master Development Plan ensure the mitigation of any impacts to the rural economic uses that could occur on neighboring properties, including an appropriate urban -rural interface, building height restrictions, screening, landscaping, and open space requirements. EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 15 of 46 In Section 3.4, the Deschutes County Comprehensive Plan specifically cites the Large Lot Industrial program and the Analysis as an example of regional and local coordination for economic development opportunities. Based on the above criteria, staff finds the requirements of rural economy Goal 1 to be met. Chapter 4. Urban Growth Management Section 4.2, Urbanization Policies Goal 1. Coordinate with cities, special districts and stakeholders to support urban growth boundaries and urban reserve areas that provide an orderly and efficient transition between urban and rural lands. FINDING: The applicant's proposal is uniquely applicable to Urban Growth Management Goal 1 in that it is the direct outcome of the Central Oregon Large Lot Industrial (LLI) program. As described above and in the applicant's burden of proof, the LLI program represents a multi jurisdictional collaboration between cities, counties, the State of Oregon and other regional stakeholders. The subject property was proposed and ultimately selected for the LLI program over several alternatives, namely due to its proximity to infrastructure, single owner status, and its relationship to existing development along the edge of the City of Redmond. The applicant summarizes the coordination process as follows: • The City of Redmond and Deschutes County are conducting a joint land use review and public hearing process to concurrently review proposed amendments to the UGB, the County Comprehensive Plan and the City's zoning map. As part of this process, the City and County conducted a joint pre -proposal conference with the applicant and the applicant (DSL) has continued to coordinate regularly with City and County staff in regards to the proposed amendments. • As part of a separate but related set of land use amendments associated with the adjacent proposed County Fairgrounds expansion site, the City and DSL have coordinated closely with County staff regarding proposed plans for that site and its relationship to the proposed future LLI site. • City and County staff and the DSL representatives have coordinated closely with ODOT staff in regards to analysis of transportation impacts associated with the proposed land use applications, including approaches for modeling impacts, potential mitigation associated with those impacts and consistency with the Oregon Transportation Planning Rule and other state transportation requirements. • DSL representatives have consulted with representatives of DLCD regarding consistency with state requirements associated with UGB amendments, including those intended to support the Central Oregon LLI program and associated administrative rules. EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 16 of 46 • DSL representatives have coordinated with other state agencies partners including the Oregon Military Department and Oregon Parks and Recreation Department in regards to future land exchanges or agency facilities within or adjacent to the subject property. Staff finds compliance with this criterion has been demonstrated. Policy 4.2.1. Participate in the processes initiated by cities in Deschutes County to create and/or amend their urban growth boundaries. FINDING: As noted above, the applicant has been a participant in the multi jurisdictional Large Lot Industrial project throughout the process, coordinating with Deschutes County, the City of Redmond, and other stakeholders during each phase. In this case, the process to amend the urban growth boundary is codified in OAR 660-024-0045, Regional Large Lot Industrial Land, which outlines the requirements for amending a comprehensive plan or UGB specific to the requirements of the Regional Large Lot Industrial Land program. The criterion has been met. Goal 2. Coordinate with cities, special districts and stakeholders on urban growth area zoning for lands inside urban growth boundaries but outside city boundaries. Goal 3. Coordinate with cities, special districts and stakeholders on policies and zoning for lands outside urban growth boundaries but inside urban reserve areas. FINDING: The above goals will not be applicable to the subject property if the application is approved. The proposal seeks to bring the subject property into the Redmond UGB as well as annex the property into the City of Redmond. Goals 2 and 3 are not applicable to properties within city boundaries. Goal 4. To build a strong and thriving regional economy by coordinating public investments, policies and regulations to support regional and state economic development objectives in Central Oregon. FINDING: This proposal directly addresses Urban Grown Management Goal 4 in that it is the result of a coordinated regulatory change to address economic development opportunities in Central Oregon. The applicant notes that the proposed UGB amendment is supported by coordinated public investments in infrastructure between the City of Redmond and Deschutes County as well as coordinated policies at the state and regional level, to create opportunities to implement the LLI program. This goal has been met. Policy 4.2.12. Deschutes 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 locate in Central Oregon. FINDING: The applicant's burden of proof notes that Policies 4.2.12 through 4.2.17 describe Deschutes County's role in the Large Lot Industrial program. The burden of proof outlines the Large Lot Industrial program, including the Intergovernmental Agreement (IGA) between jurisdictions and EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 17 of 46 the Central Oregon Large Lot Industrial Need Analysis (Analysis), which provided the guidelines for and mechanisms by which the subject property was ultimately selected. Staff finds the application is in compliance with this policy. Policy 4.2.13. Deschutes County recognizes the importance of maintaining a large -lot industrial land supply that is readily developable in Central Oregon. FINDING: The applicant seeks to amend the Redmond UGB to include the subject property, which then would be zoned Redmond Large Lot Industrial (LLI) specifically to provide available sites that would meet Central Oregon's need for a large -lot industrial land supply. The proposal is in compliance with this policy. Policy 4.2.14. The Central Oregon Regional Large Lot Industrial Land Need Analysis ("Analysis"), adopted by Ordinance 2013-002 is incorporated by reference herein. Policy 4.2.15. Within 6 months of the adoption of Ordinance 2013-002, in coordination with the participating local governments in Central Oregon, Deschutes 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. FINDING: The applicant's burden of proof states: The Analysis and IGA referenced in policies 4.2.14 and 4.2.15, respectively, are incorporated and referenced throughout this report to demonstrate this UGB amendment's conformance with the requirements of the LLI program and relevant OAR. Staff agrees with this summary and finds the application to be in compliance with these policies. Policy 4.2.16. In accordance with OAR 660-024-004 and 0045, Deschutes County, fulfilling coordination duties specified in ORS 195.025, shall approve and update its comprehensive plan when participating cities within their jurisdiction legislatively or through a quasi-judicial process designate regionally significant sites. FINDING: The application proposes exactly the above policy: it proposes amending the Deschutes County Comprehensive Plan Section 4.2 to include the South Redmond Tract in the inventory of regional large lot industrial sites. This criterion has been met. Policy 4.2.17. Deschutes 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 maintaining an inventory of appropriate sized and located industrial lots available to the market. FINDING: The proposed amendment supports this policy by identifying and contributing to the inventory of regional industrial sites, as advocated by EDCO. EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 18 of 46 OREGON ADMINISTRATIVE RULES CHAPTER 660 LAND CONSERVATION AND DEVELOPMENT DEPARTMENT OAR 660-024, Division 24, Urban Growth Boundaries OAR 660-024-0020, Adoption or Amendment of a UGB (1) All statewide goals and related administrative rules are applicable when establishing or amending a UGB, except as follows: a) The exceptions process in Goal 2 and OAR chapter 660, division 4, is not applicable unless a local government chooses to take an exception to a particular goal requirement, for example, as provided in OAR 660-004- 0010(1); FINDING: These provisions are not applicable to this application since this proposal is not seeking a goal exception. b) Goals 3 and 4 are not applicable. FINDING: Goals 3 and 4 are not applicable. c) Goal 5 and related rules under OAR chapter 660, division 23, apply only in areas added to the UGB, except as required under OAR 660-023-0070 and 660-023-0250; Response: As described in foregoing findings under Goal 5, in section 3.2 of this report, the Goal 5 scenic resource, a Landscape Management Overlay zone are being removed from the Deschutes County inventory of Goal 5 resources because it only pertains to certain rural, not urban corridors. d) The transportation planning rule requirements under OAR 660-012-0060 need not be applied to a UGB amendment lithe land added to the UGB is zoned as urbanizable land, either by retaining the zoning that was assigned prior to inclusion in the boundary or by assigning interim zoning that does not allow development that would generate more vehicle trips than development allowed by the zoning assigned prior to inclusion in the boundary; FINDING: The applicant's burden of proof notes that "concurrent with the proposed UGB expansion, an urban zoning designation of Large Lot Industrial use will be applied to the subject property. As a result, these exceptions do not apply to this proposal; therefore, this provision of the transportation planning rule is applicable." The findings for Statewide Goal 12 demonstrate consistency with the Transportation Planning Rule. EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 19 of 46 e) Goal 15 is not applicable to land added to the UGB unless the land is within the Willamette River Greenway Boundary; f) Goals 16 to 18 are not applicable to land added to the UGB unless the land is within a coastal shorelands boundary; g) Goal 19 is not applicable to a UGB amendment. FINDING: The above three provisions are not applicable to the proposal. The subject property is not within the Willamette River Greenway Boundary or within a coastal shorelands boundary, and the proposal is a UGB amendment. (2) The UGB and amendments to the UGB must be shown on the city and county plan and zone maps at a scale sufficient to determine which particular lots or parcels are included in the UGB. Where a UGB does not follow lot or parcel lines, the map must provide sufficient information to determine the precise UGB location. FINDING: The applicant states that the maps incorporated into the burden of proof (Exhibit B: Vicinity and Site Map, City of Redmond Application to Large Lot Industrial Lands Program, and Exhibit E: Master Development Plan Map) display specific lots, including boundary lines and identification numbers that are proposed to be included in the UGB. OAR 660-024-0040, Land Need (1) The UGB must be based on the appropriate 20 year population forecast for the urban area as determined under Rules in OAR 660, div 32, and must provide for needed housing, employment and other urban uses such as public facilities, streets and roads, schools, parks and open space over the 20 year planning period consistent with the land need requirements of Goal 14 and this rule. The 20 year need determinations are estimates which, although based on the best available information and methodologies, should not be held to an unreasonably high level of precision. Local governments in Crook, Deschutes or Jefferson Counties may determine the need for Regional Large -Lot Industrial Land by following the provisions of OAR 660-024-0045 for areas subject to that rule. FINDING: The applicant's burden of proof states: This UGB amendment is proposed to meet the need for Regional Large -Lot Industrial Land in Crook, Deschutes, and Jefferson Counties. As the City of Redmond is a local government within Deschutes County, the provisions of OAR 660-024-0045 were followed to determine this land need. Therefore, the subsequent provisions of OAR 660-024-0040 are not applicable to this UGB amendment. Staff concurs and finds this provision to be met. OAR 660-024-0045, Regional Large Lot Industrial Land FINDING: The provisions of this rule, outlined below, provide the supporting argument for this application. While this proposal is limited to an amendment of Deschutes County's Comprehensive Plan to change the UGB, the actions of the City of Redmond are intrinsically linked due to the EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 20 of 46 intergovernmental cooperation required by state statute governing large lot industrial land. Therefore, it is worth outlining the applicant's burden of proof at length, including those provisions relevant to the actions of the City of Redmond. (1) Local governments in Crook, Deschutes orJefferson Counties may determine a need for large lot industrial land in the region and provide sites to meet that need in accordance with this rule. FINDING: The City of Redmond, which is located in Deschutes County, determined a need for large lot industrial land in the region. The subject property was identified to meet the need for one site greater than 200 acres, in accordance with this rule. (2) In addition to the definitions in OAR 660-024-0010, the following definitions apply to this rule: (a) "Analysis" means the document that determines the regional large lot industrial land need within Crook, Deschutes, or Jefferson County that is not met by the participating local governments' comprehensive plans at the time the analysis is adopted. The analysis shall also identify necessary site characteristics of needed land. (b) "COIC" means the Central Oregon Intergovernmental Council. (c) "Intergovernmental Agreement (IGA)" means the document adopted by the three counties and any participating city to implement the provisions of the analysis. (d) "Participating city" means a city within Crook, Deschutes, or Jefferson County that has adopted the analysis and entered into the intergovernmental agreement to implement the provisions of the analysis. (e) "Participating local government" means Crook, Deschutes, and Jefferson Counties, and participating cities. (f) "Regional large lot industrial land need" means the need for a specific type of 20 - year employment land need, as described in OAR 660-024-0040(1) and (5), that is determined based upon the analysis. (g) "Site" means land in the region that: (A) Provides the site characteristics necessary for traded sector uses as set forth in the analysis; (B) Is 50 acres or larger as provided in section (3) of this rule; and (C) Is determined to be "available," as that term is defined in OAR 660-009-0025(7), for regional large -lot industrial users and for purposes identified by the analysis. (h) "Site characteristics" has the meaning given that term in OAR 660-009-0005(1). (i) "Traded Sector use" has the meaning given that term in ORS 2858.280. FINDING: The above terms and definitions are consistent with the proposal. This criterion is met. (3) For purposes of subsection (2)(g) of this rule, a large lot is at least 50 acres if it is: (a) A single lot, parcel that is at least 50 acres, (b) An aggregation of existing lots or parcels under the same ownership that comprises at least 50 acres, or EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 21 of 46 (c) An aggregation of existing lots or parcels not in the same ownership created and maintained as a unit of land comprising at least 50 acres through a binding agreement among the owners. FINDING: The South Redmond Tract totals approximately 945 acres and is under the sole ownership of the Department of State Lands; within that tract, the Large Lot Industrial site is approximately 789 acres. Therefore, the site meets the definition of a Targe lot under subsection 3(b) of this rule. (4) Participating local governments may adopt the analysis and implement its provisions. The analysis may demonstrate a need for six vacant, suitable and available sites in the region, and up to three additional sites that may be designated in order to replace one of the original six sites that is developed or committed to development as provided in section (12) of this rule. The original six sites must include two sites of at least 100 acres and not more than 200 acres, and one site more than 200 acres. FINDING: The participating local governments, Deschutes County and the City of Redmond, each adopted the Analysis into their respective comprehensive plans. This proposal to amend the UGB states that the subject property meets the stated need for one site that is 200 acres of greater in size, in accordance with the Analysis. This criterion is met. (5) If a participating city adopts the analysis, it is deemed to provide an adequate factual basis for the determination of regional large lot industrial land need for that city provided: (a) The city and other participating local governments have entered into an intergovernmental agreement with the COIC, and (b) The analysis is adopted by Crook, Deschutes and Jefferson Counties. FINDING: The applicant's burden of proof provides the following response: The Analysis is an in-depth study of the economic trends that are causing demand for large -lot industrial land and the Central Oregon region's capacity to attract this type of development. The Analysis surveys broad national, state and local economic trends, outlooks and factors that affect demand for large -lot industrial land in Central Oregon. The specific trends and dynamics of the large - lot market are assessed in tandem with the strengths and challenges for this type of development in Central Oregon. The Analysis identifies a set of target industries that may find Central Oregon suitable for large -lot development, including data centers, high technology manufacturing, and warehousing and distribution. Finally, the Analysis determines the needed characteristics of sites and estimates the short-term demand for large -lot sites in the region. The City of Redmond adopted the Analysis through Ordinance No. 2013-15 and entered into an intergovernmental agreement with COIC on May 9, 2013 (Exhibit A). The analysis was adopted by Crook, Deschutes, and Jefferson Counties. Therefore, the provisions of subsections 5(a) and 5(b) are met; therefore, the Analysis is deemed to provide an adequate factual basis for the determination of regional large lot industrial land need for the City of Redmond. EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 22 of 46 Based on the information provided, staff finds the proposal to be in compliance. (6) Participating cities may adopt the analysis and enter into the intergovernmental agreement without amending the Economic Opportunities Analysis adopted by the city prior to the adoption of the analysis. FINDING: While this proposal concerns only the UGB amendment as it pertains to the County, it is necessary to demonstrate that all elements of this OAR are met. According to the applicant, the City of Redmond adopted the Analysis and entered into the intergovernmental agreement without amending the 2005 Economic Opportunities Analysis. The proposal complies with this provision. (7) The intergovernmental agreement shall describe the process by which the COIC shall coordinate with participating local governments in: (a) The determination of a qualifying site that a participating city may designate in order to satisfy the regional large lot industrial land need; and FINDING: The applicant states that Section 3 of the intergovernmental agreement describes the process by which the COIC shall coordinate with participating local governments to qualify and designate a site to meet the regional large lot industrial land need. This criterion is met. (b) The allocation of the qualifying sites among the participating cities in accordance with section (4) of this rule. FINDING: As outlined in earlier sections, the intergovernmental agreement describes the process by which qualifying sites are allocated. It states that the six sites are (1) located in at least three separate jurisdictions and (2) include two sites of at least 100 acres and not more than 200 acres, and one site of more than 200 acres. The South Redmond Tract is proposed to meet the need for the one site of more than 200 acres. This criterion is met. (8) A participating city may amend its comprehensive plan and land use regulations, including urban growth boundaries (UGB), in order to designate a site in accordance with the requirements of this rule, other applicable laws and the intergovernmental agreement, as follows: (a) A participating city must show whether a suitable and available site is located within its existing UGB. If a participating city determines that a suitable site already exists within the city's urban growth boundary, that site must be designated to meet the regional industrial land need. Cities shall not be required to evaluate lands within their UGB designated to meet local industrial land needs. FINDING: The applicant's burden of proof provides the following response: The City of Redmond performed a Candidate Site Analysis and sought the involvement of property owners of potential sites in order to evaluate sites that were potentially suitable and available for large lot industrial development. The City found that no sites within the City's existing UGB were EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 23 of 46 suitable and available for large lot industrial development. Pursuant to the LLI Analysis, the City found that a single regional site of over 200 acres should be located in the southern or eastern areas of Redmond, due to known infrastructure and land use compatibility considerations. The Candidate Site Analysis identified several contiguous land areas of 200 acres or more within and outside the City's UGB in the southern and eastern quadrants of the city. Within these areas, the City identified nine parcels within the existing UGB that could meet the criteria for a site or 200 acres or more, independently or in assembly with other parcels. The parcels were determined not suitable or available for large lot industrial development as follows. • Three parcels were determined not available for development because they were inside the security fence of the Redmond Municipal Airport and thus cannot be developed due to Federal Aviation Administration (FM) regulations. • One additional parcel was adjacent to one these three parcels, but was only 24 acres in size, and assembly with the larger adjacent parcel was not an option because development of the larger parcel was not permitted under FM regulations. • One parcel that contained industrial land was determined not suitable because it also included significant acreage of land zoned for open space and commercial uses. The remaining 104 acres of industrial land were not contiguous and therefore do not meet the requirement for a single site of 200 acres or more. • The remaining four parcels wholly or partly within the UGB were lands designated for industrial uses within the Redmond Eastside Framework Plan area. The Candidate Site Analysis found these sites potentially suitable for large lot industrial development. Subsequently, the City of Redmond contacted the owners of these parcels to assess their willingness to make the parcels available for large lot industrial development. The owners included Deschutes County, the Central Oregon Irrigation District, and the Redmond School District. No owners were willing to include these sites in the LLI program; therefore, the City removed these sites from consideration because the sites did not meet the criteria identified in the Analysis that the owner must be willing to sell the site at market -competitive prices and conform with other requirements of the program. (b) If a site is not designated per subsection (a), then a participating city may evaluate land outside the UGB to determine if any suitable sites exist. If candidate sites are found, the city may amend its UGB in accordance with Goal 14, other applicable laws and the intergovernmental agreement. Response: The Candidate Site Analysis also included lands outside the Redmond UGB. In addition to the South Redmond Tract, two of the parcels designated for industrial use within the Eastside Framework Plan area were located outside the UGB. Deschutes County owned both of these parcels. Deschutes County determined they were unwilling to commit these parcels to the requirements of the LLI program, but offered an adjacent parcel that was also within the Eastside Framework Plan and outside the UGB. This parcel was not identified in the Candidate Site Analysis because it was designated for mixed use - employment in the Eastside Framework Plan. The City of Redmond chose to consider this site and termed it the "Eastside Large Lot Industrial Site." EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 24 of 46 Large -Lot Industrial Lands Redmond, Oregon CP Ca) Lrt1e Uttar GtoAA7r Ec+nx7fl #t? Urvar Area Re$e"re ItaJ8 .1 Lary; LoAreas ' : Atea r-734.AUe5 The map above, from Exhibit B, City of Redmond Application to Large Lot Industrial Land Program, illustrates the two sites, the South Redmond Tract, and the Eastside Large Lot Industrial Site, mentioned in the applicant's burden of proof. Subsequently, the City performed a reconnaissance -level Infrastructure Analysis to compare the relative advantages and disadvantages of the South Redmond Tract and the Eastside Large Lot Industrial Site. The City found that South Redmond Tract was more suitable for large lot industrial development as the site was better positioned for transportation access, including potential rail access, and was in closer proximity water and wastewater infrastructure. Based on the applicant's response to the site selection process with regards to the UGB, staff finds these provisions are met. (9) A participating city that designates a site shall apply a regional large -lot industrial zone EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 25 of 46 or overlay zone to the site in order to protect and maintain the site for regional large lot purposes. The zone or overlay zone must: (a) Include development agreements and other provisions that prevent redesignation of the site for other uses for at least 10 years from the time the site is added to the city's comprehensive plan to meet regional large lot industrial land needs; (b) Prohibit division or separation of lots or parcels within the site to new lots or parcels less than the minimum size of the site need until the site is developed with a primary traded sector use requiring a large lot; and (c) Limit allowed uses on the site to the traded sector uses, except as provided in section (10) of this rule. FINDING: While this application concerns only the UGB amendment as it pertains to the County, and not the provisions of the zone once the site is annexed into the City of Redmond, it is necessary to demonstrate that all elements of this OAR have been met. The applicant provided the following response: The City of Redmond adopted the Large Lot Industrial Zone through Ordinance No. 2015-11. This application proposes to designate the South Redmond Tract under that zone. The zone meets the three criteria of 660 -024 -0045(9)(a -c) with the following provisions: • Minimum lot size is 50 acres. The lot must remain the size of its original minimum designation as acknowledged by the Central Oregon Intergovernmental Council until such time that a primary user is sited. (8.0186(1)(A)) • No property that is zoned LLI can be rezoned to another city zone within ten years of the LLI designation. (8.0186(1)(8)) • Allowed uses are limited to traded sector uses per ORS 2858.280, until such time that a primary traded sector user occupies the site, at that time the following uses are allowed with the following provisions... (8.0186(1)(C)) Based on the applicant's response concerning the requirements of the zone, these criteria have been met. (10) The zone or overlay zone established under section (9) may allow: (a) Subordinate industrial uses that rely upon and support the primary traded sector use when a site is occupied by a primary traded sector use; and (b) Non -industrial uses serving primarily the needs of employees of industrial uses developed on the site provided the zone includes measures that limit the type, size and location of new buildings so as to ensure such non -industrial uses are intended primarily for the needs of such employees; FINDING: While this application concerns only the UGB amendment as it pertains to the County, and not the provisions of the zone once the site is annexed into the City of Redmond, it is necessary to demonstrate that all elements of this OAR have been met. The applicant provided the following response: The Large Lot Industrial zone meets the two criteria of 660 -024 -0045(10)(a -b) with the following EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 26 of 46 provisions under Section 8.0186(1)(A)(i-iii): • Allowed uses are limited to traded sector uses per ORS 2858.280, until such time that a primary traded sector user occupies the site, at that time the following uses are allowed with the following provisions: • Subordinate industrial uses are allowed that rely upon and support the primary traded sector use; • Service commercial uses that support the traded sector uses are allowed if they are limited to 5000 square feet per use and not more than 5% of the net developable area of the site in combination with retail uses; and • Retail uses are allowed only as an accessory to a traded sector use and shall be limited to 5000 square feet and not more than 5% of the net developable area of the site in combination with service commercial uses. Based on the applicant's response concerning the requirements of the zone, these criteria have been met. (11) If a participating city adds a site to its plan pursuant to this rule, it must consider the site in any subsequent urban growth boundary evaluation conducted to determine local industrial land needs and the adequacy of land available to meet local industrial land needs. FINDING: While this application concerns only the UGB amendment as it pertains to the County, and not the actions of the city once the property is annexed into the City of Redmond, it is necessary to demonstrate that all elements of this OAR have been met. The applicant states in the burden of proof that the City of Redmond will include the subject property in any future UGB evaluations conducted to determine local industrial land needs. This criterion has been met. (12) A site may be considered developed or committed to industrial development if a large -lot traded sector user demonstrates a commitment to develop the site by obtaining land use approvals such as site plan review or conditional use permits, and (a) Obtaining building permits; or (b) Providing other evidence that demonstrates at least an equivalent commitment to industrial development of the site as is demonstrated by a building permit. FINDING: The applicant states in the burden of proof that the City of Redmond will consider the subject property to be developed or committed to industrial development when and if these criteria are met. The proposal complies with these provisions. (13) The participating local governments shall review the analysis after the regional supply of six sites has either been replenished by three additional sites or after ten years, whichever comes first. FINDING: The applicant states in the burden of proof that once these criteria are met, the City of Redmond will coordinate with participating local governments to review the Analysis. Staff finds this EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 27 of 46 provision to be met. OAR 660-024-0050, Land Inventory and Response to Deficiency OAR 660-024-0065, Establishment of Study Area to Evaluate Land for Inclusion in the UGB OAR 660-024-0057, Establishment of Study Area to Evaluate Land for Inclusion in the UGB; Priorities FINDING: The above provisions of OAR 660, Division 24 are not applicable to this proposal; they apply to UGB amendments for the purpose of meeting a land need identified under the process defined in OAR 660-024-0040, Land Need. As noted in that section and in this report's response to the provision, cities in Central Oregon may determine a specific need for regional large lot industrial land and determine the location of land to meet that need by following the requirements of OAR 660-024-0045 instead. OAR 660-015, Division 15, Statewide Planning Goals and Guidelines Goal 1, Citizen Involvement. To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. FINDING: The proposed Comprehensive Plan amendment to amend the Redmond UGB complies with the actions required by the Deschutes County Development Code, including two public hearings—first with a Hearings Officer, then with the Board of County Commissioners—and notice of the hearing published in a newspaper (the Bend Bulletin) at least twenty days in advance. Public agencies affected by this amendment were involved throughout the development of the proposal. In accordance with the Deschutes County Code, property owners potentially affected by the amendment (in this case, within 750 feet of the applicant property) were provided notice of the proposed amendment and hearing. Goal 2, Land Use Planning. To establish a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions and actions. FINDING: This proposal satisfies this goal because the applications were handled pursuant to the procedures applicable to plan amendments in the county's comprehensive plan and zoning ordinance. In addition, the proposal is supported by a factual base consisting of economic development studies, land analyses and transportation analyses that adhere to state, regional, and local requirements for decisions related to UGB amendments. Goal 3, Agricultural Lands. To preserve and maintain agricultural lands. FINDING: As provided in the applicant's burden of proof: The subject property is zoned Exclusive Farm Use (EFU) in the Alfalfa Subzone by Deschutes County, but the land has never been farmed and is not suitable for agricultural production. Soils on the EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 28 of 46 property are designated as Class VII and Vlll and the property lacks irrigation water rights. The lands zoned EFU adjacent to the property are not actively used for agricultural production due to similar constraints. If the lands were eventually used for farming in the future, the master planning requirements of the LLI zone can be implemented to ensure that agricultural operations are not affected by industrial uses on the subject site. The proposed UGB amendment meets the goal of preserving agricultural land as the property does not include viable agricultural land and can be made compatible with any future farming uses on adjacent land. Staff concurs with the applicant's statement; in addition, it is important to note that this application is unique as the property was identified through a regional needs assessment. Goal 4, Forest Lands. To conserve forest lands by maintaining the forest land base and to protect the state's forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. FINDING: The proposal does not contain any forest lands and therefore this goal is not applicable. Goal 5, Open Spaces, Scenic and Historic Areas and Natural Resources. To protect natural resources and conserve scenic and historic areas and open spaces. FINDING: The applicant's burden of proof states that the subject property does not include any significant historic or natural resources. It does not include any wetlands, habitat for sensitive, threatened or endangered plant or animal species, wilderness values, and no mineral potential or mineral rights. Historic and cultural resources surveys indicate that the subject property was not occupied be prehistoric or historic peoples and contains no significant historic or cultural resources. As noted in the findings for Comprehensive Plan Section 2.7 above, two areas on the western edge of the site are currently in the Deschutes County Landscape Management (LM) Overlay Zone, which in this case is applied to all lands within one-quarter mile of US 97. The purpose of this zone is to preserve scenic qualities of rural areas adjacent to roadways. The applicant's burden of proof states: The adopting ordinance specifies that the LM overlay adjacent to US 97 shall apply to the highway corridor between the northern boundary of the City of Bend to the southern boundary of the City of Redmond. As this application proposes to expand the southern city boundary of the City of Redmond through inclusion of the property in the Redmond UGB and annexation into the City, the LM overlay zone will no longer apply. The overlay zone is intended to apply to the rural corridor between the two cities and not to the land planned for urban development within either city. As noted in the response to Comprehensive Plan Section 2.7, Goal 5 does not apply. The only Goal 5 resource pertains to Landscape Management, an overlay zone that is applied to rural, not urban corridors. EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 29 of 46 Goal 6, Air, Water and Land Resources Quality. To maintain and improve the quality of the air, water, and land resources of the state. FINDING: The applicant's burden of proof provides the following: The Candidate Site Analysis concluded that several alternative sites would have a greater impact on natural resources, and therefore excluded these sites from consideration. Any potential negative impacts of future development on the quality of air, water or land resources will be identified and mitigated during the development review process, as the specific impacts cannot be known until a specific development is proposed. The City of Redmond has adequate provisions in place to protect the quality of air, water, and land resources from negative impacts of new development. In addition, state and federal regulations administered by the US Environmental Protection Agency and Oregon Department of Environmental Quality regulate impacts on air resources to ensure clean air and will apply to any future development located on the subject site. Staff concurs with this assessment, and notes that any future actions once the property is annexed into the City of Redmond are beyond the scope of this application, which is limited to the request to amend the Deschutes County Comprehensive Plan in order to amend the Redmond UGB. Goal 7, Areas Subject to Natural Disasters and Hazards. To protect people and property from natural hazards. FINDING: The applicant's burden of proof provides the following: There are no areas on the site that are subject to flooding or landslide activity. Wildfire hazards are not substantially different from other areas within or adjacent to the Redmond UGB, and development of the site could improve fire protection by providing access and water infrastructure. Therefore, inclusion of this site within the UGB and subsequent development will be consistent with Goal 7. Staff agrees with the applicant's assessment that the inclusion of this site within the UGB is consistent with Goal 7. Goal 8, Recreational Needs. To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. FINDING: The applicant's burden of proof notes that the Deschutes County Comprehensive Plan, the City of Redmond Comprehensive Plan and Parks Master Plan do not identify existing or planned parks, trails or other recreation areas on the subject property. The Master Development Plan, which is provided in the burden of proof, outlines potential locations for open space and trails that will connect with adjacent trails and open space at the County Fairgrounds and sports complex; it also identifies potential locations for plazas and gathering spaces for future users of the site. Given this information provided by the applicant, staff finds the proposal complies with Goal 8. EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 30 of 46 Goal 9, Economy of the State. To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. FINDING: The proposal directly addresses Goal 9 in that it was designed specifically to provide economic development opportunities in the region. The genesis of the large lot industrial program was rooted in Central Oregon's lack of readily developable large sites for traded -sector companies, and the need to provide this at a regional, rather than local, level. The subject property is an essential piece of this program in that it is the largest site in the regional large lot inventory (over 200 acres), and many of the site's characteristics (proximity to transportation, neighboring uses, physical characteristics, etc.) make it uniquely suitable for this type of development. For these reasons, this proposal is consistent with the purpose of Goal 9. The applicant's burden of proof describes the proposal's compliance with the provisions of Goal 9 as follows: Goal 9 specifies that comprehensive plans for urban areas shall: (1) Include an analysis of the community's economic patterns, potentialities, strengths, and deficiencies as they relate to state and national trends; (2) Contain policies concerning the economic development opportunities in the community; (3) Provide for at least an adequate supply of sites of suitable sizes, types, locations, and service levels for a variety of industrial and commercial uses consistent with plan policies; (4) Limit uses on or near sites zoned for specific industrial and commercial uses to those which are compatible with proposed uses. Response: This proposal is consistent with these four planning requirements that direct implementation of Goal 9, as follows: 1. The Central Oregon Large Lot Industrial Land Needs Analysis includes an analysis of local economic conditions in relation to state and national trends.' 2. The City of Redmond amended their comprehensive plan to adopt policies in support of the economic opportunities that can be provided by large lot industrial development that is enabled by this proposal. 3. This proposal is one step towards ensuring an adequate local and regional supply of sites for industrial development, and the City demonstrated that the site has adequate service levels to support industrial and commercial uses through the proposal for the LLI program. More information about the adequacy of infrastructure to serve the site is found in Section 3.2 of this document in relation to Statewide Planning Goal 11. 4. The surrounding existing and proposed mix of commercial, recreational, and public facility uses are and/or will be compatible with industrial uses. The LLI zone limits non -industrial uses on the 3 Central Oregon Large Lot Industrial Land Needs Analysis, pp. 13-26 EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 31 of 46 site to those that are compatible with and support the industrial uses, including limiting non- industrial supporting uses to 5% of the total site area.4 Goal 9 Planning Guidelines (1) A principal determinant in planning for major industrial and commercial developments should be the comparative advantage of the region within which the developments would be located. Comparative advantage industries are those economic activities which represent the most efficient use of resources, relative to other geographic areas. Response: The Analysis demonstrated that Central Oregon has a comparative advantage over other regions in attracting large lot industrial development. The region benefits from a high quality of life provided by diverse natural, recreational, and commercial amenities; quality of life is important for attracting both executives of firms and a skilled, mobile workforce. Transportation access is strong in Central Oregon as the region is a commercial hub in a larger rural area and is well -served by highways, rail lines, and commercial airports. The region also benefits from affordable and adequate water supply, affordable energy costs, and a suitable climate for specific energy -intensive industrial uses, such as data centers. (2) The economic development projections and the comprehensive plan which is drawn from the projections should take into account the availability of the necessary natural resources to support the expanded industrial development and associated populations. The plan should also take into account the social, environmental, energy, and economic impacts upon the resident population. Response: The City of Redmond's proposal of the Tract for the LLI program considered the impact of development of the site on natural resources and the resident population. The site itself does not contain significant natural resource value. No significant natural or cultural resources or natural hazards have been identified on the site. It is not suitable for agriculture and it does not include forest land.' A small portion of the site is adjacent to mixed-use rural areas that include housing, but the provisions of the LLI zone will ensure minimal impact to rural residential areas, as addressed in the findings in response to Deschutes County rural growth management policies, addressed in Section 3.4 of this report. At the same time, development of the site for large lot industrial uses will have a positive impact on residential populations by providing jobs for local and regional residents and by increasing the local tax base and ability for the City of Redmond and Deschutes County to provide needed public services and facilities to their residents. The Candidate Site Analysis Memorandum concluded that several alternative sites would have a greater impact on natural resources or resident populations, and therefore excluded these sites from consideration.' The proposal's impacts on specific natural resources are addressed in the findings of Section 3.2, Statewide Planning Goals 6 and 7. Additionally, some specific impacts of this UGB 4 Redmond Development Code, Large Lot Industrial Zone, Section 8.0186(1)(C) 5 South Redmond Tract Land Use and Management Plan, pp. 9-12 6 Exhibit B: Candidate Site Analysis Memorandum, City of Redmond Application to Large Lot Industrial Lands Program, pp. 2-5 EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 32 of 46 amendment will remain unknown until a specific development is proposed for the site. The City of Redmond has development code regulations in place to address and mitigate these impacts at the time of development. (3) Plans should designate the type and level of public facilities and services appropriate to support the degree of economic development being proposed. Response: The LLI program required jurisdictions to demonstrate that sufficient public facilities and services were available to support any proposed large lot industrial development. The Infrastructure Analysis found that the Tract had sufficient electric, natural gas, water, and telecommunications capacity. There is not currently sufficient capacity for wastewater service to the SRT, but DSL has agreed to finance the construction of facilities necessary to establish sufficient service capacity. The provisions of this agreement are established in a Memorandum of Understanding (MOU) between DSL and the City of Redmond. Further information on this topic is addressed in Section 3.2 of this report, Statewide Planning Goal 11. The capacity of transportation facilities is addressed in findings under Section 3.2, Statewide Planning Goal 12 of this report. (4) Plans should strongly emphasize the expansion of and increased productivity from existing industries and firms as a means to strengthen local and regional economic development. Response: The LLI analysis and program is designed to both attract new firms from outside the region and enable existing firms to remain in the region as they grow and expand. The specific users or tenants of the Tract may include both firms from outside the region and existing firms that need a larger space or additional location. Additionally, the attraction of firms from outside the region will support the expansion and increased productivity of existing firms. Large firms that compete in traded -sector industries can provide business opportunities to local suppliers, attract a skilled labor force to the region, and improve general local economic conditions. Lastly, efforts to support existing firms are well-established and will not be diminished by this proposal. (5) Plans directed toward diversification and improvement of the economy of the planning area should consider as 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. Response: The carrying capacity of air, land, and water resources has been considered throughout the development of this proposal. The City of Redmond's application to the LLI program demonstrated that sufficient water resources are available to serve the proposed uses on the site.' Alternative sites for which development would have a greater impact on these resources were removed from consideration during the Candidate Site Analysis. The proposal's impacts on specific air, land and water resources are addressed in the findings related to Statewide Planning Goals 5 and 6 (Section 3.2). As noted under guideline two of this section, some specific impacts of this UGB amendment on ' Exhibit B: Infrastructure Analysis Memorandum, City of Redmond Application to Large Lot Industrial Lands Program, p. 2 EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 33 of 46 air, land and water resources will remain unknown until a specific development is proposed for the site. The City of Redmond has development code regulations in place to address and mitigate these impacts at the time of development. In addition, state and federal regulations administered by the US Environmental Protection Agency and Oregon Department of Environmental Quality regulate impacts on air resources to ensure clean air and will apply to any future development located on the subject site. OAR 660-009-0010, Application a) This division applies to comprehensive plans for areas within urban growth boundaries. This division does not require or restrict planning for industrial and other employment uses outside urban growth boundaries. Cities and counties subject to this division must adopt plan and ordinance amendments necessary to comply with this division. Response: The requirements of the administrative rules under Goal 9 (OAR 660, Division 9) do not apply to this proposal. The provisions of OAR 660-024-040 and OAR 660-024-045 define an alternative process for addressing the purpose of these requirements—including the Economic Opportunities Analysis (EOA), land needs determination, and designation of lands for industrial and employment uses for the specific need for large -lot industrial lands for the cities and counties of Central Oregon. This alternative process includes all of the steps of an EOA and land needs determination provided under Division 9, but enables the cities and counties of Central Oregon to complete these steps in a regionally coordinated manner. This regional coordination is critical to the ability of the region to compete effectively with other regions to attract and retain large -lot industrial development. This proposal's conformance with this alternative process is described under the Goal 14 section of this report. FINDING: Staff agrees with the responses provided in the applicant's burden of proof and find compliance with this goal. The proposed UGB amendment to allow for Targe lot industrial development will increase the variety of economic activities in the area by providing a new category of land while promoting health, welfare, and prosperity of nearby and statewide citizens. Goal 10, Housing. To provide for the housing needs of citizens of the state. FINDING: The applicant's burden of proof notes that the South Redmond Tract Land Use and Management Plan determined that given the adjacent land uses—public facilities, Tight industrial and particularly the airport—housing would not be a consideration for the subject property. The City of Redmond has identified other locations more suitable for housing in its own planning studies, such as the Eastside Framework Plan. The proposed UGB amendment is not intended to meet residential land needs, nor will it displace potential residential land. Given this, staff finds the proposal to be consistent with Goal 10. Goal 11, Public Facilities and Services. To plan and develop a timely, orderly, and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 34 of 46 FINDING: The applicant's burden of proof states that infrastructure needs for the proposed property were evaluated—and compared to other potential sites—for the City of Redmond's application process to COIC to include the property in the regional large lot industrial program. This preliminary Infrastructure Analysis is included in the applicant's burden of proof, and notes that improvements to the water and wastewater facilities will be necessary, which will be financed by DSL in a timely manner, pursuant to an MOA with the City of Redmond, provided in the burden of proof. Finally, the applicant's burden of proof notes that transportation, water, and wastewater facilities will be provided along the alignment of 19th Street, which is planned for future expansion south of the site. This extension provides an orderly and efficient framework for development. Staff finds the proposal has addressed the planning of public facilities and services and therefore is in compliance with Goal 11. Goal 12, Transportation. To provide and encourage a safe, convenient and economic transportation program. FINDING: The response to this statewide goal appears in the findings for OAR 660-012-0060 (Division 12 - Transportation Planning), below. Goal 13, Energy Conservation. To conserve energy. FINDING: The applicant's burden of proof indicates that the subject property's energy efficiency was considered during the site selection process, and was deemed to be potentially more efficient than other potential sites. First, transportation efficiencies owing to the site's location would be maximized; second, the construction of necessary infrastructure for the subject property would be less than other proposed sites. On a larger scale, one of the potential target industries for the Targe lot industrial program is renewable energy, as described in the Analysis. This could potentially include renewable energy generation or the manufacturing of renewable energy equipment for wind or solar power, or for battery technology. Based on the above two factors, the proposal meets the criteria of Goal 13. Goal 14, Urbanization. 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. FINDING: The proposal has taken into account the concepts of Goal 14 in two ways. First, the subject property is adjacent to the existing Redmond UGB, can be served by a direct extension of public facilities, and the proposed use of the land is compatible with adjacent uses, as outlined in the Analysis. This ensures an efficient use of land. Second, the proposed large lot industrial use of the site is conceptualized specifically to accommodate employment within the urban growth boundary, which serves to contribute to more livable communities. Given these elements, staff finds the proposal to be in compliance with this goal. EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 35 of 46 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 chapter268, which shall be adopted or amended by the Metropolitan Service District. FINDING: The proposal to amend the Redmond UGB has followed the above process via a cooperative, multi -jurisdictional effort between Deschutes County, the City of Redmond, DSL, as well as the participants of the Large Lot Industrial program. While this application concerns Deschutes County, a similar application will be submitted to the City of Redmond, ensuring that the urban growth boundary amendment is adopted by all relevant jurisdictions as noted in the above response to Goal 14. Staff finds this criterion has been met. 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; 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. FINDING: It is important to reiterate that the conditions of this proposal to amend the UGB are unique to the regional large lot industrial program and the state regulations governing it. As the applicant states in the burden of proof: The Analysis demonstrates a need to accommodate employment opportunities for the long-range population growth anticipated for the Central Oregon region. The cities and counties of Central Oregon were projected to grow at an annual pace of 2.1 percent over the 20 year period from 2010 to 2030, adding 45,000 new residents by 2020.8 s Central Oregon Large Lot Industrial Land Needs Analysis, p. 27 EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 36 of 46 While the regional analysis considered future population growth, the analysis is regional in nature and is governed by state requirements specific to the Central Oregon regional large lot industrial analysis. As a result, this proposal does not need to meet the state requirements to demonstrate a local need to accommodate a 20 year supply of residential land. In addition, because the proposed expansion area will be used to meet future employment needs, state requirements associated with residential land need and housing are not applicable to this application. Staff finds this statement to be consistent with the large lot industrial program, and with OAR 660- 24-0040 and OAR 660-24-0045, which states that the land need may be regional rather than local in nature, pursuant to the Analysis that is adopted for this purpose. Furthermore, the applicant's burden of proof notes that the Analysis indicated that the average unemployment rate in Central Oregon counties was 15 percent, which was higher than both the state and national average; considering this with future population growth, the Analysis defined the criteria for large lot industrial sites that could help meet this employment need. According to the applicant, the Candidate Site Analysis first considered sites within the Urban Growth Boundary, but such sites did not meet the required criteria defined by the Analysis. Lastly, the emphasis on providing regional versus local needs analysis is reiterated by the applicant concerning employment: While the regional analysis considered future employment growth, the analysis is regional in nature and is governed by state requirements specific to the Central Oregon regional large lot industrial analysis. As a result, this proposal does not need to meet the state requirements to demonstrate a local need to accommodate a 20 year supply of employment land. As with the consideration of future population growth above, staff finds this statement to be consistent with the large lot industrial program and with OAR 660-24-0040 and OAR 660-24-0045, which states that the land need may be regional rather than local in nature, pursuant to the Analysis that is adopted for this purpose. Staff finds the proposal to be compliant with this goal. 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 197.298 and with consideration of the following factors: (1) Efficient accommodation of identified land needs; FINDING: The applicant's burden of proof notes that alternative locations for large -lot industrial land within the City of Redmond were considered and evaluated in the Candidate Site Analysis and Infrastructure Analysis. The Candidate Site Analysis considered tracts of land that met the 200 -acre requirement, and were either in the existing UGB, an Urban Reserve Area, or adjacent to the UGB, as consideration of any other land further away from urban development would be inefficient. Staff finds this goal is met. EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 37 of 46 (2) Orderly and economic provision of public facilities and services; FINDING: The applicant notes that the Infrastructure Analysis determined that public facilities and services could be provided to the site in an orderly and economic fashion, and refers to the burden of proof addressing Statewide Planning Goals 11 and 12. Staff finds that the proposal has met this goal. (3) Comparative environmental, energy, economic and social consequences; and FINDING: The applicant noted that consideration of the site location was performed by the City of Redmond as part of the Large Lot Industrial process, and provided the following response in the burden of proof: The City of Redmond considered the relative environmental, energy, economic and social consequences of development of the site through the Candidate Site Analysis and Infrastructure Analysis, as detailed below. • Environmental consequences. One candidate site was removed from the analysis due to potential environmental consequences because it contained 99 acres of natural resource land identified under Goal 5.9 The South Redmond Tract was partially selected over the East Redmond site because transportation access to the Tract is less constrained and may result in fewer environmental consequences. The South Redmond Tract was also found to be in a more central and accessible location for the regional workforce. As noted in findings associated with Statewide Planning Goal 5 (Section 3.2) no significant natural resources have been identified on the site, with the exception of a County scenic corridor overlay zone. As a result, there are no significant environmental consequences associated with development of this site, making it preferable to other potential alternative sites. • Energy consequences. The relative transportation efficiencies of the Tract compared to alternative candidate sites will conserve energy resources. Additionally, the construction of infrastructure to serve the site may use less energy than the East Redmond site, which required a longer extension of water and wastewater infrastructure.'° • Economic consequences. The proposed UGB amendment is part of an economic development strategy and program for the Central Oregon region. Future large -lot industrial development of the site will generate employment and business opportunities for residents of the region. Relative to other candidate sites, the South Redmond Tract is more marketable and prepared for industrial development, so the economic benefits of the development may be realized more quickly and be more significant. • Social consequences. Approximately 1,400 acres of land designated for non -industrial uses in the East Redmond Framework Area—including residential, open space, and commercial mixed -use - 9 Exhibit B: Candidate Site Analysis Memorandum, City of Redmond Application to Large Lot Industrial Lands Program, p. 3 10 Exhibit B: Candidate Site Analysis Memorandum, City of Redmond Application to Large Lot Industrial Lands Program, p. 2 EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 38 of 46 were excluded from the Candidate Site Analysis partly due to the potential consequences of displacing this land previously identified for other social needs, including housing, parks, and commercial services. Based on the above, staff finds the applicant has demonstrated compliance with this provision. (4) Compatibility of the proposed urban uses with nearby agricultural and forest activities occurring on farm and forest land outside the UGB. FINDING: There are no active farm or forest uses near the subject property. The applicant's burden of proof notes that while the lands south and east of the subject property are zoned Exclusive Farm Use, they have poor soil quality and Tacks irrigation rights and as such is unsuitable for agricultural use. This is reiterated in the applicant's response to Statewide Goal 3 and demonstrates compliance with this provision. 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. FINDING: The applicant provided the following response to this goal in the burden of proof: The requirements of the LLI zone will ensure that the use and division of the land within the South Redmond Tract is consistent with the planned large -lot industrial development. The zone requires that the lot remain the size of its original minimum designation approved by COIC under the LLI program until a primary user is sited. The zone requires a minimum lot size of 50 acres for all subsequent development in order to preserve remaining land within the tract for large -lot industrial uses. Subordinate industrial uses must also allow and support the primary traded -sector use. Any non- industrial uses, such as service commercial or retail, must be an accessory to or in support of the industrial use, and are limited to a 5,000 square feet or 5 percent of the net developable area of the site. Lastly, any property designated under for the LLI zone cannot be rezoned until ten years after the initial designation. While the specific requirements of Redmond's LLI zone are beyond the review scope of this application, they directly follow the requirements of OAR 660-024-0045 (9) and (10), which specify the conditions under which land shall be managed for the Large Lot Industrial program. Staff finds the application to be in compliance with this provision. 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 EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 39 of 46 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:... 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 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. FINDING: The above three provisions of Goal 14 planning guidelines are not applicable to this proposal. The subject property is not located in an unincorporated community; it does not propose single family -dwellings; lastly, it does not propose any rural industrial development, since the subject property would be incorporated in the UGB. Goals 15 through 19. These goals, which address the Willamette Greenway, estuarine, coastal, beaches and dunes, and ocean resources, are not applicable to the proposal because the subject property is not located in or adjacent to any such areas or resources. OAR 660-012, Division 12, Transportation Planning FINDING: The applicant submitted a Transportation Analysis Memorandum prepared by Kittelson & Associates, dated March 12, 2018, which addresses transportation -related impacts of the proposal, most of which would be mitigated by TSP improvements planned by the City of Redmond. In addition, the applicant's burden of proof provides the following responses: OAR 660-012-0060 Plan and Land Use Regulation Amendments (1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this rule. A plan or land use regulation amendment significantly affects a transportation facility if it would: (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan); (b) Change standards implementing a functional classification system; or (c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based on projected conditions measured at the end of the planning period identified in the adopted TSP. As part of evaluating projected conditions, the amount of traffic EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 40 of 46 projected to be generated within the area of the amendment may be reduced if the amendment includes an enforceable, ongoing requirement that would demonstrably limit traffic generation, including, but not limited to, transportation demand management. This reduction may diminish or completely eliminate the significant effect of the amendment. (A) Types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; (B) Degrade the performance of an existing or planned transportation facility such that it would not meet the performance standards identified in the TSP or comprehensive plan; or (C) Degrade the performance of an existing or planned transportation facility that is otherwise projected to not meet the performance standards identified in the TSP or comprehensive plan. (2) If a local government determines that there would be a significant effect, then the local government must ensure that allowed land uses are consistent with the identified function, capacity, and performance standards of the facility measured at the end of the planning period identified in the adopted TSP through one or a combination of the remedies listed in (a) through (e) below, unless the amendment meets the balancing test in subsection (2)(e) of this section or qualifies for partial mitigation in section (11) of this rule. A local government using subsection (2)(e), section (3), section (10) or section (11) to approve an amendment recognizes that additional motor vehicle traffic congestion may result and that other facility providers would not be expected to provide additional capacity for motor vehicles in response to this congestion. (a) Adopting measures that demonstrate allowed land uses are consistent with the planned function, capacity, and performance standards of the transportation facility. (b) Amending the TSP or comprehensive plan to provide transportation facilities, improvements or services adequate to support the proposed land uses consistent with the requirements of this division; such amendments shall include a funding plan or mechanism consistent with section (4) or include an amendment to the transportation finance plan so that the facility, improvement, or service will be provided by the end of the planning period. (c) Amending the TSP to modify the planned function, capacity or performance standards of the transportation facility. (d) Providing other measures as a condition of development or through a development agreement or similar funding method, including, but not limited to, transportation system management measures or minor transportation improvements. Local governments shall, as part of the amendment, specify when measures or improvements provided pursuant to this subsection will be provided. (e) Providing improvements that would benefit modes other than the significantly affected mode, improvements to facilities other than the significantly affected facility, or improvements at other locations, if.• (A) The provider of the significantly affected facility provides a written statement that the system -wide benefits are sufficient to balance the EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 41 of 46 significant effect, even though the improvements would not result in consistency for all performance standards; (B) The providers of facilities being improved at other locations provide written statements of approval; and (C) The local jurisdictions where facilities are being improved provide written statements of approval. (3) Notwithstanding sections (1) and (2) of this rule, a local government may approve an amendment that would significantly affect an existing transportation facility without assuring that the allowed land uses are consistent with the function, capacity and performance standards of the facility where: (a) In the absence of the amendment, planned transportation facilities, improvements and services as set forth in section (4) of this rule would not be adequate to achieve consistency with the identified function, capacity or performance standard for that facility by the end of the planning period identified in the adopted TSP; (b) Development resulting from the amendment will, at a minimum, mitigate the impacts of the amendment in a manner that avoids further degradation to the performance of the facility by the time of the development through one or a combination of transportation improvements or measures; (c) The amendment does not involve property located in an interchange area as defined in paragraph (4)(d)(C); and (d) For affected state highways, ODOT provides a written statement that the proposed funding and timing for the identified mitigation improvements or measures are, at a minimum, sufficient to avoid further degradation to the performance of the affected state highway. However, if a local government provides the appropriate ODOT regional office with written notice of a proposed amendment in a manner that provides ODOT reasonable opportunity to submit a written statement into the record of the local government proceeding, and ODOT does not provide a written statement, then the local government may proceed with applying subsections (a) through (c) of this section. (4) Determinations under sections (1)-(3) of this rule shall be coordinated with affected transportation facility and service providers and other affected local governments. FINDING: The Transportation Analysis Memorandum provided by the applicant in the burden of proof states that there would be a significant impact at two intersections for weekday PM trips: 21St Street/Airport Way, and Canal Boulevard/Yew Avenue. Mitigation of the impacts at 21St Street could be achieved by the provision of a median restricting 21st Street to right -in right -out movements. Improvements to mitigate traffic impacts at the intersection of Canal Boulevard and Yew Avenue, however, would have significant right-of-way and property impacts, requiring further analysis in the City of Redmond's Transportation System Plan (TSP) update. According to the applicant's burden of proof, all other intersections studied either have no significant impacts, or have improvements that are considered reasonably funded by ODOT and have been coordinated with the County, City of Redmond, ODOT, and DSL; therefore, the applicant states that these criteria have been addressed. EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 42 of 46 Additional review was provided by Deschutes County Senior Transportation Planner Peter Russell as follows: I have reviewed the traffic study dated March 12, 2018, for the Redmond UG8 expansion and comprehensive plan amendment of 949 acres for the Redmond large lot industrial area, the Deschutes County Fairgrounds expansion, and the Oregon Military Department (OMD). The traffic study found all intersections either performed acceptably at the end of the planning horizon (2040) or could rely on mitigations which have funding or a reasonable expectation of funding. The land use application thus complies with Goal 12 and the transportation planning rule (TPR). The one exception was the intersection of 215f St/Airport Way. The traffic report identified a raised median as a possible mitigation, but deferred to the City of Redmond's Transportation System Plan (TSP) which is being updated. While currently there is no specific development being proposed, County staff notes the impacts of large lot industrial sites can be mitigated through non -construction measures as well such as shift changes beginning/ending out of the a.m. and p.m. peak hours and transportation demand management (TDM) measures (vanpools, transit passes for employees, enhanced facilities for bicycling, etc.). None of the studied intersections are under the jurisdiction of Deschutes County. The affected intersections are either ODOT facilities or City of Redmond streets. The traffic study was scoped and reviewed in coordination with ODOT, City of Redmond, and Deschutes County. The agencies have reviewed the completed traffic study's recommendations. Those road authorities whose facilities were significantly affected (ODOT and City of Redmond) have not submitted adverse comments on the UG8 expansion and the proposed land use changes in response to being notified. They could provide comment at the public hearing. Construction of a raised median at 21ST/Airport Way to change the current accesses into right -in, right -out only (RIRO) is a relatively low cost improvement. It is not unreasonable to assume this future mitigation would be funded by either subsequent development or a combination of development and ODOT and/or City of Redmond. Russell further noted that the intersection of Canal Boulevard and Yew Avenue, the other intersection determined to have significant impacts, is also under the City of Redmond's jurisdiction and as such would be addressed by the update to the Transportation System Plan (TSP). Based on the applicant's burden of proof as well as the response from Deschutes County Senior Transportation Planner, staff finds compliance with these provisions has been effectively demonstrated. (5) The presence of a transportation facility or improvement shall not be a basis for an exception to allow residential, commercial, institutional or industrial development on rural lands under this division or OAR 660-004-0022 and 660-004-0028. FINDING: The applicant does not propose a Goal 2 exception; therefore, this section is not applicable. EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 43 of 46 (6) In determining whether proposed land uses would affect or be consistent with planned transportation facilities as provided in sections (1) and (2), local governments shall give full credit for potential reduction in vehicle trips for uses located in mixed-use, pedestrian - friendly centers, and neighborhoods as provided in subsections (a) -(d) below; 1...1 FINDING: The subject property is not located in a mixed-use, pedestrian -friendly center as defined by this section; therefore, this section is not applicable. (7) Amendments to acknowledged comprehensive plans and land use regulations which meet all of the criteria listed in subsections (a) -(c) below shall include an amendment to the comprehensive plan, transportation system plan the adoption of a local street plan, access management plan, future street plan or other binding local transportation plan to provide for on-site alignment of streets or accessways with existing and planned arterial, collector, and local streets surrounding the site as necessary to implement the requirements in OAR 660-012-0020(2)(b) and 660-012-0045(3): (a) The plan or land use regulation amendment results in designation of two or more acres of land for commercial use; (b) The local government has not adopted a TSP or local street plan which complies with OAR 660-012-0020(2)(b) or, in the Portland Metropolitan Area, has not complied with Metro's requirement for street connectivity as contained in Title 6, Section 3 of the Urban Growth Management Functional Plan; and (c) The proposed amendment would significantly affect a transportation facility as provided in section (1). FINDING: The application will not include a commercial use; the City of Redmond has adopted a TSP. The proposal does not meet all of these criteria and therefore this section is not applicable. (8) A "mixed-use, pedestrian friendly center or neighborhood" for the purposes of this rule, means: (.1 FINDING: As noted above, the subject property is not located in a mixed-use, pedestrian -friendly center or neighborhood as defined by this section; therefore, this section is not applicable. (9) Notwithstanding section (1) of this rule, a local government may find that an amendment to a zoning map does not significantly affect an existing or planned transportation facility if all of the following requirements are met. (a) The proposed zoning is consistent with the existing comprehensive plan map designation and the amendment does not change the comprehensive plan map; (b) The local government has an acknowledged TSP and the proposed zoning is consistent with the TSP; and (c) The area subject to the zoning map amendment was not exempted from this rule at the time of an urban growth boundary amendment as permitted in OAR 660-024- 0020(1)(d), or the area was exempted from this rule but the local government has a EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 44 of 46 subsequently acknowledged TSP amendment that accounted for urbanization of the area. FINDING: The subject application is for a comprehensive plan map designation change and does not include a zoning map designation change. Therefore this section does not apply. (10) Notwithstanding sections (1) and (2) of this rule, a local government may amend a functional plan, a comprehensive plan or a land use regulation without applying performance standards related to motor vehicle traffic congestion (e.g. volume to capacity ratio or V/C), delay or travel time if the amendment meets the requirements of subsection (a) of this section. This section does not exempt a proposed amendment from other transportation performance standards or policies that may apply including, but not limited to, safety for all modes, network connectivity for all modes (e.g. sidewalks, bicycle lanes) and accessibility for freight vehicles of a size and frequency required by the development. (a) A proposed amendment qualifies for this section if it: (A) Is a map or text amendment affecting only land entirely within a multimodal mixed-use area (MMA); and (B) Is consistent with the definition of an MMA and consistent with the function of the MMA as described in the findings designating the MMA. FINDING: The subject property is not located in an MMA; therefore, this section is not applicable. (11) A local government may approve an amendment with partial mitigation as provided in section (2) of this rule if the amendment complies with subsection (a) of this section, the amendment meets the balancing test in subsection (b) of this section, and the local government coordinates as provided in subsection (c) of this section. FINDING: The applicant's burden of proof provides the following: The Transportation Analysis Memorandum identifies improvements that would fully mitigate the effects of the amendment; therefore, it is not necessary to apply this provision for partial mitigation and the section is not applicable. Staff agrees with the findings provided in the applicant's burden of proof stating that the identified improvements will provide full, not partial mitigation, and as such this provision is not applicable. OREGON REVISED STATUTES (ORS) ORS 197.298, Priority of Land to be Included within Urban Growth Boundary (1) In addition to any requirements established by rule addressing urbanization, land may not be included within an urban growth boundary of Metro except under the following priorities: (a) First priority is land that is designated urban reserve land under ORS 195.145 (Urban reserves), rule or metropolitan service district action plan. EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 45 of 46 (b) If land under paragraph (a) of this subsection is inadequate to accommodate the amount of land needed, second priority is land adjacent to an urban growth boundary that is identified in an acknowledged comprehensive plan as an exception area or nonresource land. Second priority may include resource land that is completely surrounded by exception areas unless such resource land is high-value farmland as described in ORS 215.710 (High- value farmland description for ORS 215.705). (c) if land under paragraphs (a) and (b) of this subsection is inadequate to accommodate the amount of land needed, third priority is land designated as marginal land pursuant to ORS 197.247 (1991 Edition). (d) If land under paragraphs (a) to (c) of this subsection is inadequate to accommodate the amount of land needed, fourth priority is land designated in an acknowledged comprehensive plan for agriculture or forestry, or both. FINDING: The applicant states that this statute is not applicable; staff concludes the same. As noted in the findings for Statewide Goal 14, Urbanization, OAR 660-024-0045, Large Lot Industrial Land, specifies that Central Oregon governments may determine a need for large lot industrial land. The statute further delineates the process for selecting land: if land inside the UGB cannot satisfy the specific requirements described in the Central Oregon Large Lot Industrial Land Need Analysis, land outside of the UGB may then be considered. IV. CONCLUSION: Hearings Officer: Based on the foregoing findings and conclusions and the record herein and noting the absence of any contrary evidence or argument, the application is APPROVED, subject to final approval by the Board of County Commissioners pursuant to DCC 22.28.030. DESCHUTES COUNTY HEARINGS OFFICER Dan R. Olsen December 10, 2018 EXHIBIT F TO ORDINANCE NO. 2019-003 Hearings Officer Decision 247 -18 -000751 -PA Page 46 of 46 Attachment 2: Central Oregon Regional Large-Lot Industrial Land Program Timeline ,00 0 a) 0 .L) a) 0) r 7 s u a, 0 r L U.0 c0i C 0 0 01 CC .. by 0 0 E E o CI E a 0 a0+ 0 CO (n H r m O O ✓ r "a Cs m O C • 4"' " .0 O 0 lf1 m vu1 4.1 0) L 'aa 4.410, 0. a, to b0 VI. -O 0 L m V1 L IA C .00 u Forum with L O d s r _n U X vc m r auJ E C C • a, o co L O < 9- O uJ = O r a. 0) m 'O 0. O 2 R H a 0 U .0 C 0 an C s 0 -•1 VI b.0 T3 -03C 47 RI C C UI 0, VI H i bA V▪ I x 0, t0 c E c 0. b00 m i 0/ a bO Cm 7 7 .0 =o y OL = C0. a u 0. 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