2019-151-Ordinance No. 2019-011 Recorded 5/7/2019Recorded in Deschutes County CJ2O19-151
F,EVIF,WED Nancy Blankenship, County Clerk
Ilt Commissioners' Journal 05/07/2019 2:26:20 PM -
LEGAL COUNSEL 06,
2019-151
� r
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 23, the Deschutes County Comprehensive Plan,
to Adjust the Bend Urban Growth Boundary and
Comprehensive Plan Designations for Certain * ORDINANCE NO. 2019-011
Properties, and Title 19, the Bend Urban Growth
Area, to Adjust Zoning for Certain Properties and
Declaring an Emergency.
WHEREAS, NWX2, LLC, Tree Farm, LLC, and Rio Lobo Investments, LLC, applied for amendments
to the Deschutes County Comprehensive Plan and the Deschutes County Zoning Map, to adjust the Bend Urban
Growth Boundary ("UGB") to accommodate the refinement of the Skyline Ranch Road alignment and the West
Area Master Plan Area 1 boundary, to amend the Comprehensive Plan designation of "Urban Area Reserve" for
those lands leaving the UGB and a corresponding zone change to Urban Area Reserve 10 and Westside Transect;
and
WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on
February 12, 2019, before a Deschutes County and City of Bend Hearings Officer and, on March 7, 2019, the
Hearings Officer recommended approval of the Comprehensive Plan amendments and zone change; and
WHEREAS, the City Council of Bend approved the first reading of its ordinance consistent with the
Hearings Officer's recommendation on April 3, 2019, and, subsequently approved a second reading on April 17,
2019; and
WHEREAS, after notice was given in accordance with applicable law, a de novo public hearing was held
on May 1, 2019, before the Board of County Commissioners ("Board"); 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 reflect the legal description of the new UGB described in Exhibit `B" and to designate areas of land
leaving the Bend UGB as Urban Area Reserve as described and depicted on a map set forth as Exhibit "C", with
both exhibits attached and incorporated by reference herein.
Section 3. AMENDMENT. DCC Title 19, Zoning Map, is amended to change the zone designation
for certain property depicted on the zoning map set forth in Exhibit "D" attached and incorporated by reference
PAGE 1 OF 2 - ORDINANCE NO. 2019-011
herein, from Urbanizable Area (UA) to Urban Area Reserve — 10 Acre Min. (UAR-10) and Westside Transect
Zone (WTZ).
Section 4. AMENDMENT. Deschutes County Comprehensive Plan Chapter 4, Urban Growth
Management, is amended to read as described in Exhibit "E" attached and incorporated by reference herein, with
new language underlined.
Section 5. AMENDMENT. Deschutes County Comprehensive Plan Section 5.12, Legislative
History, is amended to read as described in Exhibit "F" attached and incorporated by reference herein, with new
language underlined.
Section 6. FINDINGS. The Board adopts as its findings in support of this Ordinance, the Decision
of the Hearings Officer as set forth in Exhibit "G," and incorporated by reference herein.
Section 7. EMERGENCY. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and, in coordination with the City of Bend's
ordinance effective date, this Ordinance takes effect 16 days from adoption.
Dated this �_ of A44 2019 BOARD OF COUNTY COMMISSIONERS
OF DESC UTES COUNTX, OREGON
ATTEST:
. '//�J�
J
ng ecretary
PHILIP G. IDERSON, Chair
f
PATTI ADAIR, Vice -Chair
ANTHONY DEBONE, Commissioner
Effective date: 17' day of May, 2019.
PAGE 2 OF 2 - ORDINANCE NO. 2019-011
Date of 1St Reading:
day of c , 2019.
Date of 2" d Reading:
day of 019.
Record of Adoption Vote:
Commissioner
Yes No Abstained Excused
Philip G. Henderson
Patti Adair
Anthony DeBone
X-
Effective date: 17' day of May, 2019.
PAGE 2 OF 2 - ORDINANCE NO. 2019-011
EXHIBIT A
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. 2019-011
EXHIBIT A
V. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-027, are incorporated by reference herein.
W. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-029, are incorporated by reference herein.
X. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2017-007, are incorporated by reference herein.
Y. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-002, are incorporated by reference herein.
Z. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-006, are incorporated by reference herein.
AA. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-011, are incorporated by reference herein.
BB. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-005, are incorporated by reference herein.
CC. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-008, are incorporated by reference herein.
DD. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-002, are incorporated by reference herein.
EE. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-001, are incorporated by reference herein.
FF. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-003, are incorporated by reference herein.
GG. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-004, are incorporated by reference herein.
HH The Deschutes County Comprehensive Plan amendments adopted by the Board in Ordinance
2019-011 are incorporated by reference herein.
(Ord. 2019-011 � 1, 2019; 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. 2019-011
EXHIBIT B
UGB Amendment
Legal Description
An alignment of land located in the Southwest one-quarter (SW1/4), the Southeast one-quarter
of the Northwest one-quarter (SE1/4 NW1/4), and the Northeast one-quarter (NE1/4) of Section
35, Township 17 South, Range 11 East of the Willamette Meridian, Deschutes County, State of
Oregon, being more particularly described as follows:
Beginning at a point on the North right-of-way line of Skyliners Road, said point bears N 86° 22'
37" W, 1176.62 feet from the South one-quarter corner of said Section 35; thence leaving said
northerly right of way line of Skyliners Road, N 18" 58' 33" W a distance of 21.17 feet to a point
of curvature; thence along the arc of a 211.53 foot radius curve to the right, through a central
angle of 05' 29' 17", an arc distance of 20.26 feet (the chord of which bears N 160 13' 55" W,
20.25 feet) to a point of non -tangent compound curvature; thence along the arc of a 619.98 foot
radius curve to the right, through a central angle of 14' 34' 27", an arc distance of 157.70 feet
(the chord of which bears N 05° 46'42" W, 157.28 feet) to a point of non -tangency; thence S
891, 21' 50" E a distance of 4.29 feet to a point of non -tangent curvature; thence along the arc of
a 482.17 foot radius curve to the right, through a central angle of 280 03' 57", an arc distance of
236.19 feet (the chord of which bears N 18° 44' 34" E, 233.84 feet) to a point of non -tangent
reverse curvature; thence along the arc of a 524.82 foot radius curve to the left, through a
central angle of 26° 54' 28", an arc distance of 246.47 feet (the chord of which bears N 160 54'
10" E, 244.21 feet) to a point of non -tangency; thence S 78° 33'23" W, a distance of 204.00 feet
to a point on the easterly boundary of the plat of Tree Farm, recorded in Plat Cabinet I, Pages
260 through 278, and as Instrument Number 2016-44585 of the Deschutes County Official
Records; thence along said easterly boundary for the following eight courses; thence S 630 19'
11" W a distance of 175.65 feet; thence N 89° 47'06" W a distance of 117.96 feet; thence N 850
21'59" W a distance of 351.80 feet; thence N 790 44'20" W a distance of 111.35 feet; thence N
48° 08'56" W a distance of 158.31 feet; thence N 29° 30' 12" W a distance of 36.61 feet; thence
N 140 48' 33" W a distance of 55.05 feet to a point of non -tangent curvature; thence along the
arc of a 3556.55 foot radius curve to the right, through a central angle of 230 20' 34", an arc
distance of 1448.98 feet (the chord of which bears N 16° 47'22" E, 1438.98 feet) to a point of
non -tangent curvature; thence leaving said easterly boundary, along the are of a 400.00 foot
radius curve to the right, through a central angle of 590 31' 52", an arc distance of 415.61 feet
(the chord of which bears N 77° 43' 52" E, 397.16 feet) to a point on the easterly boundary of
said plat of Tree Farm and a point of non -tangent curvature; thence along said easterly
boundary, along the arc of a 3256.41 foot radius curve to the right, through a central angle of
070 03' 54", an arc distance of 401.55 feet (the chord of which bears N 36° 36'40" E, 401.29
feet) to a point of non -tangency; thence leaving said easterly boundary, N 59° 27' 16" E a
distance of 152.73 feet; thence N 490 03' 46" E a distance of 84.77 feet to a point of non -tangent
curvature; thence along the arc of a 2548.38 foot radius curve to the right, through a central
angle of 17° 55' 37", an arc distance of 797.35 feet (the chord of which bears N 69° 14' 47" E,
794.10 feet) to a point on the westerly right of way of Sage Steppe Drive, as defined by said plat
of Tree Farm, and a point of non -tangent curvature; thence along said westerly right of way,
along the arc of a 230.00 foot radius curve to the left, through a central angle of 30° 48' 03", an
541-385.4772 m 800.865-9847 (fax) m 963 SW Simpson Avenue, Suite 200 a Bend, Oregon 97702 s www.dowl.com
Page 2 of 2 EXHIBIT B
arc distance of 123.64 feet (the chord of which bears S 16° 17'47" E, 122.16 feet) to a point on
the easterly boundary of said plat of Tree Farm and a point of non -tangency; thence along said
easterly boundary, N 58* 16' 15" E a distance of 60.00 feet to a point on the easterly right of
way of said Sage Steppe Drive and a point of non -tangent curvature; thence leaving said
easterly boundary and along said easterly right of way, along the arc of a 170.00 foot radius
curve to the right, through a central angle of 13° 37'43", an arc distance of 40.44 feet (the chord
of which bears N 240 52' 16" W, 40.34 feet) to a point of non -tangency; thence leaving said
easterly right of way, N 71' 34'07" E a distance of 242.04 feet; thence N 75° 12' 26" E a
distance of 146.27 feet; thence N 770 56' 29" E a distance of 146.19 feet; thence N 800 40' 32"
E a distance of 146.19 feet; thence N 830 24'36" E a distance of 146.23 feet; thence N 86° 32'
47" E a distance of 199.14 feet to a point of non -tangent curvature; thence along the arc of an
285.00 foot radius curve to the right, through a central angle of 14° 45' 53", an arc distance of
73.44 feet (the chord of which bears N 120 41' 04" E, 73,24 feet) to a point of tangency; thence
N 20° 04' 00" E, 71.45 feet to a point of curvature; thence along the arc of a 1885.00 foot radius
curve to the right, through a central angle of 17° 20' 04", an arc distance of 570.29 feet (the
chord of which bears N 28° 44' 02" E, 568.12 feet) to a point of reverse curvature; thence along
the arc of a 1465.00 foot radius curve to the left, through a central angle of 05° 51' 09", an arc
distance of 149.65 feet (the chord of which bears N 34" 28'29" E, 149.58 feet) to a point on the
north line of said plat of Tree Farm, being a point on the north line of the South one-half of the
Northeast one-quarter (S 1/2 NE 1/4) of said Section 35; thence leaving said north line along the
arc of a 1465.00 foot radius curve to the left, through a central angle of 040 33' 52", an arc
distance of 116.71 feet (the chord of which bears N 29° 15' 59" E, 116.67 feet) to a point of
curvature; thence N 26° 59' 03" E, 456.39 feet to a point of curvature; thence along the arc of a
1965.00 foot radius curve to the left, through a central angle of 08° 41' 23", an arc distance of
298.02 feet (the chord of which bears N 22° 38' 22" E, 297.73 feet to a point of tangency; thence
N 18° 17'40" E, 203.99 feet to a point of curvature; thence along the arc of a 585.00 foot radius
curve to the right, through a central angle of 12° 28' 33", an arc distance of 127.38 feet (the
chord of which bears N 24° 31' 57" E, 127.13 feet) to a point of tangency; thence N 30° 46' 13"
E, 120.44 feet to a point of curvature; thence along the arc of a 515.00 foot radius curve to the
left, through a central angle of 140 22' 54", an arc distance of 129.27 feet (the chord of which
bears N 230 34'46" E, 128.93 feet) to a point of non -tangency on the north line of said section
35; thence along said north line N 890 54'58" W, 73.56 feet to the terminus of this alignment,
said terminus bears S 89° 54' 58 E, 229.22 feet from the Southeast corner of Lot 4 of Anderson
Ranch PUD.
REGISTERED
PROFESSIONAL
LAND SURV OR
OREGON
JULY 26, 1988
LYNN J BRUNO
02335
RENEWAL DATE: 12-31
Q:\22\14142-01MSurvey\Legal Description slDiscoveryWest Tree Farm UGB legal desc.docx
F
b
5 `
500 0 500
SCALE IN FEET
EXHIBIT B
UGB AMENDMENT
LOCATED IN THE SOUTHWEST ONE-QUARTER
(SW1/4), THE SOUTHEAST ONE-QUARTER OF THE
NORTHWEST ONE-QUARTER (SEI/4 NW1/4), AND THE
NORTHEAST ONE-QUARTER (NEI/4) OF SECTION 35,
TOWNSHIP 17 SOUTH, RANGE 11 EAST, WILLAMETTE
MERIDIAN, DESCHUTES COUNTY, STATE OF OREGON
6
SAGE" STEPPE DRIVE
\ 1�
C10
i
C9
SECTION LINE/
I �
I
f'
i
i
L10�"'""
L8 �; i L
LINE TABLE
LINE # LENGTH
DIRECTION
It
21.17'
N18.58'33"W
L2
4.29'
S89121'S0"E
L3
204.00'
S78'33'23"W
L4
175.65'
S6319'11"W
LS
117.96'
N8947'06"W
LB
351.60'
NW21-59-W
L7
111.35'
N79'44'20'W
L8
156.31'
N43W.56"W
L9
36.61'
N29.30.12 -W
L10
55.05'
N14'48'33'W
L11
152.73'
N59'27'16'E
L12
84.77'
N49'03'46'E
Lia
60.00'
N5816'15"E
L14
24204'
N71'34'07'E
Lis
146.27'
N75'12'28'E
L16
146.19'
N77'56'29"E
L17
146.19'
N80'40'32'E
U8
14613'
N83'24'36E
L19
199.14'
N86'32'47E
L20
71.45'
N20'04'00"E
L21
458.39'
37'8'39'03"W
L22
203.99'
S18'17'40"W
L23
MAC
S30'46'13"W
L24
73.56'
NS954'58"W
L25
229.22'
N89 -54.58"W
LEGEND
CURVE TABLE
- - - - - - EXISTING UGB LINE
CURVE RADIUS
DELTA
LENGTH
CHORD CHORD
LENGTH
Ci
211,63'
5'29'17-
20.26'
S161355'E 20.25'
C2
619.98'
14'34'27"
157.70'
S5'46'42"E 157.28'
C3
482.17'
28'03'57"
236.19'
S18'44'34W 233.84'
C4
524.82'
265428"
246.47'
Ni654'10'E 2".21'
C5
3536.55'
2330'34"
1448.96'
576'4722W 1438.98'
C6
400.00'
59'31'52"
415.61'
S77'43'52"W 397.16'
C7
3256.41'
7'03'54"
401.55'
S36 -36.40"W 401.29'
Cs
254&38'
17'55'37"
797.35'
S5914'47W 794,10'
co
230.00'
30'003'
123.64'
S1617'47'E 122.16'
C10
170.00'
13'37'43"
40.44'
S24'52'16'E 40.34'
C11
285.00'
14'45'53"
73.44'
S12'41'04'W 73.24'
C12
1885.00'
1730'04"
57029'
S28 -44-02"W 566.12'
C131465.00'
551'10'
149.65'
N34'2W29"E 149.58'
C14
1465.00'
4.33'52'
116,71'
S29*IV59'W 116.68'
C15
1965.00'
8'41'23"
296.02'
S22'38'22'W 297.73'
C16
585.00'
12'28'33"
127.38'
S24'31'57W 127.13'
C17
515.00'
14'22.54"
129.27'
52X34'48"W 128.93'
LEGEND
- - - - - - EXISTING UGB LINE
EXISTING TAXLOTS
C2
PROPOSED UGB LINE
C1- �
�O
DOWL
' \
o�
965 sw S'ma-. x_'070
.9702
8eOrcp97702
M-
E4)38
Legend
Proposed Comprehensive
Board of County Commisioners
AffectedAreasPlan
Change
of Deschutes County, Oregon
®®® Proposed Urban Growth Boundary
Exhibit C
Phillip G. Henderson, Chair
Taxlots
\ "I E S CO
Patti Adair, Vice - Chair
CL - Limited Commercial
Q {
Tony DeBone, Commissioner
ME -Mixed Employment
RL - Low Density Residential
Attest: Recording Secretary
Dated this_ day of , 2019
Urban Area Reserve
o 310 620
Effective Date: , 2019
April 24, 2019 Feet
EXHIBIT C
SAGE STEPPE DRIVE
EXHIBIT F
DESCRIPTION GAL
G
EXHIBIT E LEGAL
DESCRIPTION
EAST -WEST
CENTERLINE
i SECTION 35
p
a
EXHIBIT D LEGAL
DESCRIPTION
KEY MAP FOR
UGB AMENDMENT ZONE
LOT 4
CHANGE LEGAL DESCRIPTIONS
ANDERSON OF
RANCH PUD �c35
LOCATED IN THE SOUTHWEST ONE-QUARTER
(SW1/4), THE SOUTHEAST ONE-QUARTER OF THE
5�
NORTHWEST ONE-QUARTER (SE1/4 NW7/4), AND THE
500 0 500
NORTHEAST ONE-QUARTER (NE1/4) OF SECTION 35,
TOWNSHIP 17 SOUTH, RANGE 11 EAST, WILLAMETTE
EXHIBIT A LEGAL
MERIDIAN, DESCHUTES COUNTY, STATE OF OREGON
DESCRIPTION (RIO LOBO)
DESCRIPTION
EXHIBIT C LEGAL
DESCRIPTION
NORTH -SOUTH
CENTERLINE
�y
SECTION 35
EXISTING UGB LINE
�co
EXISTING TAXLOTS
Q\
PROPOSED UGB LINE
AREA GOING TO
COUNTY (TYPICAL)
0
oP
SAGE STEPPE DRIVE
EXHIBIT F
DESCRIPTION GAL
G
EXHIBIT E LEGAL
DESCRIPTION
EAST -WEST
CENTERLINE
i SECTION 35
p
a
EXHIBIT D LEGAL
DESCRIPTION
EXHIBIT C LEGAL
DESCRIPTION
500 0 500
SCALE IN FEET
EXHIBIT B LEGAL
DESCRIPTION
EXHIBIT C LEGAL
DESCRIPTION
LEGEND
EXISTING UGB LINE
EXISTING TAXLOTS
PROPOSED UGB LINE
oP
O W L
EXHIBIT A LEGAL
��
DESCRIPTION
���
��'
953 SW Simgsen. #200
Bend. Oregon 9 02
547-385-4772
EXHIBIT C
OIL
DOWL
EXHIBIT A
UGB Amendment Rio Lobo
Legal Description
A tract of land located in the Northeast one-quarter of the Northeast one-quarter (NE1/4 NE1/4)
of Section 35, Township 17 South, Range 11 East of the Willamette Meridian, Deschutes
County, State of Oregon, being more particularly described as follows:
Commencing at the Southeast comer of Lot 4 of Anderson Ranch PUD on the North line of
Section 35; thence S 890 54'58" E, along said North line, 229.22 feet to the True Point of
Beginning, from said point the East one-quarter corner of said Section 35 bears S 170 22' 51"
E, 2755.31 feet; thence continuing S 890 54' 58" E, along said North line, 73.56 feet to a point of
non -tangent curvature; thence leaving said North line, along the arc of a 515.00 foot radius
curve to the right, through a central angle of 140 22' 54", an arc distance of 129.27 feet (the
chord of which bears S 230 34'46" W, 128.93 feet) to a point of tangency; thence S 300 46' 13"
W, 120.44 feet to a point of curvature; thence along the arc of a 585.00 foot radius curve to the
left, through a central angle of 120 28' 33", an arc distance of 127.38 feet (the chord of which
bears S 24° 31'57" W, 127.13 feet) to a point of tangency; thence S 180 17'40" W, 118.22 feet
to a point of non -tangent curvature; thence along the arc of a 492.72 foot radius curve to the
right, through a central angle of 560 42'03", an arc distance of 487.60 feet (the chord of which
bears N 160 04' 10" E, 467.94 feet) to the Point of Beginning.
This tract of land contains 0.75 acres, more or less.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
LYNN J BRUNO
02335
RENEWAL DATE: 12-31—,
541-385-4772 w 800-865-9847 (fax) w 963 SW Simpson Avenue, Suite 200 w Bend, Oregon 97702 w www.dowl.com
EXHIBIT C
DOWL
EXHIBIT A
PLA Discovery West 17113500-00500 to 17113500-01000 Tree Farm Tract A
Legal Description
A tract of land located in the Southeast one-quarter of the Southwest one-quarter (SE1/4
SW1/4), of Section 35, Township 17 South, Range 11 East of the Willamette Meridian,
Deschutes County, State of Oregon, being more particularly described as follows:
Commencing at the East one-quarter comer of said Section 35, thence S 560 25' 44" W,
4655.11 feet to the TRUE POINT OF BEGINNING, said point being the Southeast corner of
Tract A of the plat of Tree Farm, said point also being on the North right-of-way line of Skyliners
Road; thence leaving said northerly right of way line of Skyliners Road along the easterly line of
said Tract A, along the arc of a 71.00 foot radius curve to the right, through a central angle of
450 43' 32", an arc distance of 56.66 feet (the chord of which bears N 210 58' 00" E, 55.17 feet)
to a point of non -tangent curvature; thence leaving said easterly line of Tract A along the arc of
a 300.00 foot radius curve to the left, through a central angle of 060 13' 07", an arc distance of
32.56 feet (the chord of which bears S 160 10' 20" E, 32.54 feet) to a point of tangency; thence
S 190 16' 54" E, 8.88 feet to a point of non -tangent curvature on the North right-of-way line of
said Skyliners Road; the along said North line along the arc of a 5673.80 foot radius curve to the
left, through a central angle of 000 20'58", an arc distance of 34.61 feet (the chord of which
bears S 700 32'37" W, 34.61 feet) to the point of beginning.
This tract of land contains 905 square feet or 0.02 acres, more or less.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
LYNN J BRUNO
EWAL DATE; 12-31—
QA22\14142-01\70Survey\Legal Descriptions\PLA DW TL500 to Tree Farm Tract A TL1000 Exhibit A.docx
EXHIBIT C
DOWL
EXHIBIT B
PLA Discovery West 17113500-00500 to 17113500-0700 Tree Farm Tract C
Legal Description
A tract of land located in the Southeast one-quarter of the Southwest one-quarter (SE1/4
SW1/4), of Section 35, Township 17 South, Range 11 East of the Willamette Meridian,
Deschutes County, State of Oregon, being more particularly described as follows:
Commencing at the East one-quarter comer of said Section 35, thence S 610 31'41 " W,
4295.03 feet to the TRUE POINT OF BEGINNING, said point being on the East line of Tract C
of the plat of Tree Farm; thence along the arc of a 619.98 foot radius curve to the right, through
a central angle of 060 29' 18", an arc distance of 70.21 feet (the chord of which bears N 350 58'
59" E, 70.17 feet) to a point of non -tangent curvature; thence along the arc of a 524.82 foot
radius curve to the right, through a central angle of 180 09' 27", an arc distance of 166.32 feet
(the chord of which bears S 210 16'41" W, 165.62 feet) to a point of reverse curvature; thence
along the arc of a 482.17 foot radius cure to the left, through a central angle of,280 03' 57", an
arc distance of 236.19 feet (the chord of which bears S 180 44'34" W, 233.84 feet) to a point of
non -tangency; thence N 890 07' 25" W, 4.26 feet to the Southeast corner of said Tract C and a
point of non -tangent curvature; thence along said East line of Tract C, along the arc of a 619.98
foot radius cure to the right, through a central angle of 31 ° 13" 33", an arc distance of 337.88
feet (the chord of which bears N 170 07' 34" E, 333.72 feet) to the point of beginning.
This tract of land contains 7,365 square feet or 0.17 acres, more or less.
Together with a tract of land located in the Southeast one-quarter of the Southwest one-quarter
(SE1/4 SW1/4), of Section 35, Township 17 South, Range 11 East of the Willamette Meridian,
Deschutes County, State of Oregon, being more particularly described as follows:
Commencing at the East one-quarter comer of said Section 35, thence S 620 49' 33" W,
4185.39 feet to the TRUE POINT OF BEGINNING; thence along the arc of a 524.82 foot radius
cure to the right, through a central angle of 020 10' 14", an arc distance of 19.88 feet (the chord
of which bears S 04° 32' 03" W, 19.88 feet) to a point of non -tangent curvature; thence along
the arc of a 332.86 foot radius curve to the right, through a central angle of 030 35' 08", an arc
distance of 20.83 feet (the chord of which bears N 340 51'35" W, 20.83 feet) to a point of non -
tangency; thence N 780 33' 23" E, 13.75 feet to the point of beginning.
This tract of land contains 135 square feet or 0.003 acres, more or less.
541-385-4772 m 800-865-9847 (fax) m 963 SW Simpson Avenue, Suite 200 w Bend, Oregon 97702 m www.dowl.com
EXHIBIT C
Exhibit B
Page 2 of 2
The total of both tracts and this entire parcel contains 7,500 square feet or 0.17 acres, more or
less.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
LYNN J BRUNO
DAT" 12-31—
QA22\14142-01\70Survey\Legal Descriptions\PLA DW TL500 to Tree Farm Tract A TL700 Exhibit B.docx
EXHIBIT C
41
DOWL
EXHIBIT C
PLA Discovery West 17113500-00400 to 17113500-0700 Tree Farm Tract C
Legal Description
A tract of land located in the Southeast one-quarter of the Southwest one-quarter (SE1/4
SW1/4), of Section 35, Township 17 South, Range 11 East of the Willamette Meridian,
Deschutes County, State of Oregon, being more particularly described as follows:
Commencing at the East one-quarter comer of said Section 35, thence S 61 ° 31' 41" W,
4295.03 feet to the TRUE POINT OF BEGINNING, said point being on the East line of Tract C
of the plat of Tree Farm; thence N 570 05' 49" W, along said East line, 176.01 feet; thence
leaving said east line, N 780 32'49" E, 190.22 feet to a point of non -tangent curvature; thence
along the arc of a 332.86 foot radius curve to the left, through a central angle of 030 35' 08", an
arc distance of 20.83 feet (the chord of which bears S 340 51'35" E, 20.83 feet) to a point of
non -tangent curvature; thence along the arc of a 524.82 foot radius curve to the right, through a
central angle of 060 34'48", an arc distance of 60.27 feet (the chord of which bears S 080 54'
34" W, 60.24 feet) to a point of non -tangent curvature; thence along the arc of a 619.98 foot
radius curve to the left, through a central angle of 06° 29' 18", an arc distance of 70.21 feet (the
chord of which bears S 350 58' 59" W, 70.17 feet) to the point of beginning.
This tract of land contains 13,775 square feet or 0.316 acres, more or less.
Together with a tract of land located in the Southwest one-quarter of Section 35, Township 17
South, Range 11 East of the Willamette Meridian, Deschutes County, State of Oregon, being
more particularly described as follows:
Commencing at the East one-quarter comer of said Section 35, thence S 850 48' 57" W,
4350.26 feet TRUE POINT OF BEGINNING, said point being on the easterly line of Tract C of
the plat of Tree Farm; thence S 610 38'41 " E, 58.51 feet to a Point "A' and a point non -tangent
curvature; thence leaving said easterly line along the arc of a 400.00 foot radius curve to the
right, through a central angle of 180 07' 10", an arc distance of 126.50 feet (the chord of which
bears S 570 01' 32" W, 125.97 feet) to a point of non -tangent curvature on the Easterly line of
said tract; thence along said easterly line along the arc of a 3556.55 foot radius curve to the
right, through a central angle of 01 ° 46' 51 ", an arc distance of 110.55 feet (the chord of which
bears N 29° 21' 17" E, 110.54 feet) to the point of beginning.
This tract of land contains 2,845 square feet or 0.065 acres, more or less.
Together with a tract of land located in the Southwest one-quarter of Section 35, Township 17
South, Range 11 East of the Willamette Meridian, Deschutes County, State of Oregon, being
more particularly described as follows:
Commencing at Point "A' as described above; thence along the easterly line of said Tract C
along the arc of a 400.00 foot radius curve to the right, through a central angle of 150 13'43", an
arc distance of 106.32 feet (the chord of which bears N 730 41' 59" E, 106.00 feet) to the TRUE
541-385-4772 m 800-865-9847 (fax) w 963 SW Simpson Avenue, Suite 200 m Bend, Oregon 97702 m www.dowl.com
EXHIBIT C
Exhibit C
Page 2 of 2
POINT OF BEGINNING; thence N 300 58' 12" E, along said easterly line, 85.47 feet to a point;
thence continuing along said line, S 57° 27'47" E, 162.13 feet to a point of non -tangent
curvature; thence leaving said easterly line along the arc of a 400.00 foot radius curve to the
left, through a central angle of 26° 10' 57", an arc distance of 182.79 feet (the chord of which
bears N 850 35'41" W, 181.20 feet) to the point of beginning.
This tract of land contains 5,667square feet or 0.130 acres, more or less.
The total of all three tracts and this entire parcel contains 22,287 square feet or 0.511 acres,
more or less.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JULY .:.`. t„ 11 5.R
LYNN J BRUNO
02,335
RENEWAL DATE:
Q:\22\14142-01\70Survey\Legal Descriptions\PLA DW TL400 to Tree Farm Tract C TL700 Exhibit C.docx
EXHIBIT C
DOWL
EXHIBIT D
PLA Discovery West 17113500-00300 to 17113500-0700 Tree Farm Tract C
Legal Description
A tract of land located in the Southeast one-quarter of the Northwest one-quarter (SE 1A
NW1/4) of Section 35, Township 17 South, Range 11 East of the Willamette Meridian,
Deschutes County, State of Oregon, being more particularly described as follows:
Commencing at the East one-quarter comer of said Section 35, thence N 870 22' 54" W,
3613.12 feet to the TRUE POINT OF BEGINNING, said point being on the East line of Tract C
of the plat of Tree Farm; thence S 45° 14' 31" E, along said East line, 55.46 feet to a point;
thence leaving said east line, S 480 58' 19" W, 84.75 feet to a point; thence S 590 27' 16" W,
152.85 feet to a point of non -tangent curvature on said easterly line of Tract C; thence along
said easterly line along the arc of a 3,256.41 foot radius curve to the right, through a central
angle of 040 05' 37", an arc distance of 232.66 feet (the chord of which bears N 420 10' 57" E,
232.61 feet) the point of beginning.
This tract of land contains 7,944 square feet or 0.182 acres, more or less.
REGI STEREO
PROFESSIONAL
LAND SURVEYOR
LYNN J BRUNO
DATE: 12-31-
W22\14142-01\70Survey\Legal Descriptions\PLA DW TL300 to Tree Farm Tract C TL700 Exhibit D.docx
EXHIBIT C
DOWL
EXHIBIT E
PLA Discovery West 17113500-00200 to 171135AC-0100 Tree Farm Tract D
Legal Description
A tract of land located in the Southwest one-quarter of the Northeast one-quarter (SW1/4
NE1/4) of Section 35, Township 17 South, Range 11 East of the Willamette Meridian,
Deschutes County, State of Oregon, being more particularly described as follows:
Commencing at the East one-quarter comer of said Section 35, thence N 740 25' 41" W,
2218.89 feet to the TRUE POINT OF BEGINNING, said point being on the southerly line of
Tract D of the plat of Tree Farm; thence leaving said southerly line, S 180 22' 13" E, 75.32 feet
to a point; thence S 800 40' 32" W, 132.98 feet to a point; thence S 770 56' 29" W, 146.19 feet to
a point; thence S 75° 12'26" W, 146.27 feet to a point; thence S 710 34' 07" W, 20.06 feet to a
point of non -tangent curvature on said southerly line of Tract D; thence along said southerly line
along the arc of a 2,833.88 foot radius curve to the right, through a central angle of 080 58' 44",
an arc distance of 444.10 feet (the chord of which bears N 670 51'03" E, 443.64 feet) the point
of beginning.
This tract of land contains 16,877 square feet or 0.387 acres, more or less.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
LYNN J BRUNO
TE: 12-31-
Q:122114142-01170SurveylLegal DescriptionslPLA DW TL200 to Tree Farm Tract D TL100 Exhibit E.docx
EXHIBIT C
DOWL
EXHIBIT F
PLA Discovery West 17113500-00100 to 171135AC-0100 Tree Farm Tract D
Legal Description
A tract of land located in the Southwest one-quarter of the Northeast one-quarter (SW1/4
NE1/4) of Section 35, Township 17 South, Range 11 East of the Willamette Meridian,
Deschutes County, State of Oregon, being more particularly described as follows:
Commencing at the East one-quarter comer of said Section 35, thence N 740 25' 41" W,
2218.89 feet to the TRUE POINT OF BEGINNING, said point being on the southerly line of
Tract D of the plat of Tree Farm; thence continuing along said southerly line the next two
courses, N 18° 22' 13" W, 130.21 feet to a point of non -tangent curvature; thence along the arc
of a 2,966.41 foot radius curve to the right, through a central angle of 100 01' 26", an arc
distance of 518.97 feet (the chord of which bears N 770 18' 16" E, 518.31 feet) to a point of
non -tangent curvature; thence leaving said southerly line along the arc of a 1,483.61 foot radius
curve to the left, through a central angle of 11 ° 20' 36", an arc distance of 293.73 feet (the chord
of which bears S 180 13' 37" W, 293.25 feet) to a point of non -tangency; thence S 860 32'47"
W, 191.19 feet to a point; thence S 83° 24' 36" W, 146.23 feet to a point; thence S 800 40' 32"
W, 13.21 feet to a point; thence N 180 22' 13" W, 75.32 feet the point of beginning.
This tract of land contains 101,791 square feet or 2.337 acres, more or less.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
JULY 2G, 'IC55
LYNN J BRUNO
02335
RENEWAL DATE: 12-31-.
QAW14142-01170SurveylLegal DescriptionslPLA DW TL100 to Tree Farm Tract D TL100 Exhibit F.docx
Legend
Affected Areas
Taxlots
Westside Transect Zone
URBAN AREA RESERVE 10 ACRE
MINIMUM
BEND URBANIZABLE AREA
BEND RESIDENTIAL STANDARD DENSITY
® am Proposed Urban Growth Boundary
Proposed Zone Change
Exhibit D
0 310 620
Apri124, 2019 Feet
Board of County Commisioners
of Deschutes County, Oregon
Phillip G. Henderson, Chair
Patti Adair, Vice - Chair
Tony DeBone, Commissioner
Attest: Recording Secretary
Dated this_ day of , 2019
Effective Date: , 2019
EXHIBIT E
SeGt'Do" 4.2 1�t.rbaw�zat�Dw
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 (LIRAS).
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 1 1980 1990 2000 2010
Population Research Center July I estimates 62,500 75,600 116,600 172,050
US Census Bureau April I 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.
DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011
CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION
EXHIBIT E
Table 4.2.2 - Coordinated Population Forecast 2000 to 2025
Year I Bend UGB I Redmond UGB I Sisters UGB I'I 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
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 - updated 2009
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.
2 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION
EXHIBIT E
Table 4.2.4 — Deschutes County 2030 Population Forecast
Year
Bend
Redmond
Sisters
La Pine
Unincorporated
Total County
UGB
UGB
UGB
UGB
County
2030
119,009
51,733
4,426
2,632
188,748
266,538
Snurr- rntmty
Pstimates
haled 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
Unincorporated
Area Bend
33% 45%—
Figure
5 —
Ssters
Zo/
I IF
I
La Rne Redmmd
1% 14%
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
Order from the Oregon Land Conservation and Development Commission (I O -REMAND -
PARTIAL ACKNOW-001795).
DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011
CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION
EXHIBIT E
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.
The Bend City Council and the Board of County Commissioners approved an applicant -
initiated quasi judicial application to adjust the Bend UGB in 2019. The adjustment removed
4.02 acres of land from the Bend UGB and added approximately 8.18 acres for a net increase of
4.16 acres The adjustment accommodated the Skyline Ranch Road right-of-way because the
previous alignment was deemed topographically infeasible.
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
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION
EXHIBIT E
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.
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 fort 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, 2011, 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 2011-017 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
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 5
CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION
EXHIBIT E
Governor's Office, and 1,000 Friends to explore a settlement, which was ultimately reached in
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 - 2011
CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION
EXHIBIT E
sect'ovv 4.2 LtrbavL'�zatLovx, PoU'oLes
Goals and Policies
Goal I 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.
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 Coordinate with cities, special districts and stakeholders on urban
growth area zoning for lands inside urban growth boundaries but
outside city boundaries.
Policy 4.2.4 Use urban growth area zoning to coordinate land use decisions inside urban
growth boundaries but outside the incorporated cities.
Policy 4.2.5 Negotiate intergovernmental agreements to coordinate with cities on land use
inside urban growth boundaries and outside the incorporated cities.
Policy 4.2.6 Develop urban growth area zoning with consideration of the type, timing and
location of public facilities and services provision consistent with city plans.
Policy 4.2.7 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.
Goal 3 Coordinate with cities, special districts and stakeholders on policies
and zoning for lands outside urban growth boundaries but inside
urban reserve areas.
Policy 4.2.8 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.
Policy 4.2.9 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.
Policy 4.2.10 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
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 7
CHAPTER 4 URBAN GROWTH MANAGEMENT REFERENCES
EXHIBIT E
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 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.
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
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION
EXHIBIT E
commissions to address public facility, transportation and urbanization issues
that hinder economic development opportunities in Central Oregon.
Policy 4.2.19 Deschutes County will strengthen long-term confidence in the economy by
building innovative public to private sector partnerships.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 4 URBAN GROWTH MANAGEMENT REFERENCES
EXHIBIT F
sectiow 5.12 Lee%sl,ative I-tistorU
Background
This section contains the legislative history of this Comprehensive Plan.
Table S. 12.1 Comprehensive Plan Ordinance History
Ordinance
Date Adopted/
Chapter/Section
Amendment
Effective
All, except
Transportation, Tumalo
and Terrebonne
2011-003
8-10-1 1/ 1 1-9-1 1
Community Plans,
Deschutes Junction,
Comprehensive Plan update
Destination Resorts and
ordinances adopted in
2011
2.5, 2.6, 3.4, 3.10, 3.5,
Housekeeping amendments to
2011-027
10-31-11/11-9-11
4.6, 5.3, 5.8, 5.1 1,
23.40A, 23.40B,
ensure a smooth transition to
23.40.065, 23.01.010
the updated Plan
23.60, 23.64 (repealed),
Updated Transportation
2012-005
8-20-12/11-19-12
3.7 (revised), Appendix C
System Plan
(added)
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
Central Oregon Regional
2013-002
1-7-13/1-7-13
4.2
Large -lot Employment Land
Need Analysis
Comprehensive Plan Map
Amendment, changing
2013-009
2-6-13/5-8-13
1.3
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan Map
2013-012
5-8-13/8-6-13
23.01.010
Amendment, including certain
property within City of Bend
Urban Growth Boundary
Newberry Country: A Plan
2013-007
5-29-13/8-27-13
3.10, 3.1 1
for Southern Deschutes
County
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
EXHIBIT F
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Comprehensive Plan Map
2013-016
10-21-13/10-21-13
23.0 1.010
Amendment, including certain
property within City of Sisters
Urban Growth Boundary
Comprehensive Plan Map
2014-005
2-26-14/2-26-14
23.01.010
Amendment, including certain
property within City of Bend
Urban Growth Boundary
Housekeeping amendments to
2014-012
4-2-14/7-1-14
3.10, 3.1 1
Title 23.
Comprehensive Plan Map
Amendment, changing
designation of certain
property from Sunriver Urban
2014-021
8-27-14/11-25-14
23.01.010, 5.10
Unincorporated Community
Forest to Sunriver Urban
Unincorporated Community
Utility
Comprehensive Plan Map
Amendment, changing
designation of certain
2014-021
8-27-14/11-25-14
23.01.010, 5.10
property from Sunriver Urban
Unincorporated Community
Forest to Sunriver Urban
Unincorporated Community
Utility
Comprehensive Plan Map
Amendment, changing
2014-027
12-15-14/3-31-15
23.01.010, 5.10
designation of certain
property from Agriculture to
Rural Industrial
Comprehensive Plan Map
Amendment, changing
2015-021
11-9-15/2-22-16
23.01.010
designation of certain
property from Agriculture to
Surface Mining.
Comprehensive Plan Map
Amendment, changing
2015-029
11-23-15/11-30-15
23.01.010
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 - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
EXHIBIT F
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Comprehensive Plan Text and
2015-010
12-2-15/12-2-15
2.6
Map Amendment recognizing
Greater Sage -Grouse Habitat
Inventories
Comprehensive Plan Map
Amendment, changing
2016-001
12-21-15/04-5-16
23.01.010; 5.10
designation of certain
property from, Agriculture to
Rural Industrial (exception
area)
Comprehensive Plan
Amendment to add an
exception to Statewide
2016-007
2-10-16/5-10-16
23.01.010; 5.10
Planning Goal 1 I to allow
sewers in unincorporated
lands in Southern Deschutes
County
Comprehensive Plan
Amendment recognizing non -
2016 -005
11-28-16/2-16-17
23.01.010, 2.2, 3.3
resource lands process
allowed under State law to
change EFU zoning
Comprehensive plan
2016-022
9-28-16/11-14-16
23.01.010, 1.3, 4.2
Amendment, including certain
property within City of Bend
Urban Growth Boundary
Comprehensive Plan Map
Amendment, changing
2016-029
12-14-16/12/28/16
23.01.010
designation of certain
property from, Agriculture to
Rural Industrial
Comprehensive Plan Map
Amendment, changing
2017-007
10-30-17/10-30-17
23.01.010
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan
2018-002
1-3-18/1-25-18
23.01, 2.6
Amendment permitting
churches in the Wildlife Area
Combining Zone
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
EXHIBIT F
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Housekeeping Amendments
correcting tax lot numbers in
Non -Significant Mining Mineral
2018-006
8-22-18/11-20-18
23.01.010, 5.8, 5.9
and Aggregate Inventory;
modifying Goal 5 Inventory of
Cultural and Historic
Resources
Comprehensive Plan Map
Amendment, changing
2018-011
9-12-18/12-11-18
23.01.010
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan Map
Amendment, removing Flood
23.01.010, 2.5, Tumalo
Plain Comprehensive Plan
2018-005
9-19-18/10-10-18
Community Plan,
Designation; Comprehensive
Newberry Country Plan
Plan Amendment adding Flood
Plain Combining Zone
purpose statement.
Comprehensive Plan
Amendment allowing for the
2018-008
9-26-18/10-26-18
23.01.010, 3.4
potential of new properties to
be designated as Rural
Commercial or Rural
Industrial
Comprehensive Plan Map
Amendment changing
designation of certain
property from Surface Mining
2019-002
1-2-19/4-2-19
23.01.010, 5.8
to Rural Residential Exception
Area; Modifying Goal 5
Mineral and Aggregate
Inventory; Modifying Non -
Significant Mining Mineral and
Aggregate Inventory
Comprehensive Plan and Text
2019-001
1-16-19/4-16-19
1.3, 3.3, 4.2, 5.10, 23.01
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 F
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Comprehensive Plan Map
Amendment changing
designation of certain
2019-003
02-12-19/03-12-19
23.01.010, 4.2
property from Agriculture to
Redmond Urban Growth
Area for the Large Lot
Industrial Program
Comprehensive Plan Map
Amendment changing
designation of certain
property from Agriculture to
2019-004
02-12-19/03-12-19
23.01.010, 4.2
Redmond Urban Growth
Area for the expansion of the
Deschutes County
Fairgrounds and relocation of
Oregon Military Department
National Guard Armory.
Comprehensive Plan Map
Amendment to adjust the
Bend Urban Growth
Boundary to accommodate
the refinement of the Skyline
Ranch Road alignment and the
refinement of the West Area
2019-235
05-01-19/05-01-19
23.01.010. 4.2
Master Plan Area I boundary.
The ordinance also amends
the Comprehensive Plan
designation of Urban Area
Reserve for those lands
leaving the UGB.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
EXHIBIT G
HEARINGS OFFICER DECISION
FILE NUMBER: 247 -18 -000957 -PA, 247-18-000958-ZC
HEARING: February 12, 2019 - 6:00 p.m.
Barnes & Sawyer Rooms
Deschutes Services Center
1300 NW Wall Street
Bend, OR 97701
APPLICANTS/OWNERS: NWX2, LLC
Managing Partner: Brooks Resources Corporation
409 NW Franklin Avenue
Bend, OR 97703
AGENT FOR APPLICANT:
Tree Farm, LLC
Managing Partner: Brooks Resources Corporation
409 NW Franklin Avenue
Bend, OR 97703
Rio Lobo Investments, LLC
95 SW Scalehouse Loop, #100
Bend, OR 97702
Retia Consult, LLC
Tammy Wisco, PE, AICP
P.O. Box 831
Bend, OR 97709
PROPOSAL: The applicants have requested an amendment to the Deschutes County
Comprehensive Plan to adjust the Bend Urban Growth Boundary (UGB) to
accommodate the refinement of the Skyline Ranch Road alignment and the
refinement of the West Area Master Plan Area 1 (NWX2 properties, also named
Discovery West) boundary. The request also includes a Comprehensive Plan
designation amendment to Urban Area Reserve for those lands leaving the UGB
and a zone change for land being removed from the City of Bend UGB. The
request is to rezone the subject lands to match the zone of the adjacent
properties within the County. No additional living units will result from the UGB
amendment. No additional water, sewer, or transportation infrastructure
impacts are proposed.
HEARINGS OFFICER: Will Van Vactor
STAFF REVIEWER: Zechariah Heck, Associate Planner
zechariah.heck@deschutes.org 1541-385-1704
I. APPLICABLE STANDARDS, CRITERIA AND PROCEDURES
Deschutes County Code Title 19 Bend Urban Growth Boundary Zoning Ordinance
Hearings Officer Decision
247-18-000957-PA,247-18-000958-ZC
Rio Lobo Investments, LLC, et. al.
EXHIBIT G
Section 19.116, Amendments, Appeals and Procedures
Deschutes County Code, Title 22, Procedures Ordinance
Section 22.28, Land Use Action Decisions
Deschutes County Code, Title 23, Comprehensive Plan
Chapter 1, Comprehensive Planning
Chapter 3, Rural Growth Management
Chapter 4, Urban Growth Management
Oregon Administrative Rules (OAR), Chapter 660
Division 15, Statewide Planning Goals and Guidelines
Division 24, Urban Growth Boundaries
Oregon Revised Statutes (ORS)
ORS 197.298, Priority of Land to be Included within Urban Growth Boundary
11. FINDINGS OF FACT
A. LOCATION AND SITE DESCRIPTION: There are four areas under three ownerships that are impacted by
the proposed UGB and plan designation amendment, i.e., file no. 247 -18 -000957 -PA.
West Area Master Plan Area 1— NWX2 LLC
The NWX2 properties consist of 245 total acres, all currently within the Bend UGB. The Area 1 property
is identified as tax lots 1711350000100, 1711350000200, 1711350000300, 1711350000400,
1711350000500, and 171135D000400. The development of these NWX2 properties will occur under
the name of Discovery West.
West Area Master Plan Area 3 - Rio Lobo Investments, LLC
This area contains roughly 31 acres currently within the Bend UGB and is identified as a portion of tax
lot 1711000006000.
Tree Farm Open Space
Tree Farm, LLC owns two parcels for open space, currently adjacent to the UGB line, totaling
approximately 43 acres. These parcels are identified as tax lots 171135AC00100 and 1711350000700.
Transect South - Rio Lobo Investments, LLC
This Westside transect area is approximately 304 acres of tax lot 1711000006000, under Deschutes
County jurisdiction.
There are two areas under two ownerships that are subject to the zone change application, i.e., file no.
247-18-000958-ZC.
West Area Master Plan Area 1— NWX2, LLC
The NWX2 properties consist of 245 total acres, all currently within the Bend UGB. The Area 1 property
is identified as tax lots 1711350000100, 1711350000200, 1711350000300, 1711350000400,
1711350000500, and 171135D000400. Each of these tax lots include a proposed zone change forsmall
portions of the lot, except 1711350000500, which is not affected by this application.
West Area Master Plan Area 3 - Rio Lobo Investments, LLC
247 -18 -000957 -PA, 958-ZC Page 2 of 30
EXHIBIT G
This area contains roughly 31 acres currently within the Bend UGB and is identified as a portion of tax
lot 1711000006000.
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 (8)(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
247 -18 -000957 -PA, 958-ZC Page 3 of 30
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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 (8)(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
247 -18 -000957 -PA, 958-ZC Page 3 of 30
EXHIBIT G
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. This
Hearings Officer agrees. Therefore, this criterion is not applicable to the pending applications.
C. ZONING AND PLAN DESIGNATIONS: The subject properties are within the jurisdiction of both Deschutes
County and City of Bend. Below is a list of existing zoning and plan designations of the subject properties.
West Area Master Plan Area 1— NWX2 LLC
Comprehensive Plan Designation - Low Density
Employment (ME)
Zoning - Urbanizable Area (UA)
Residential (RL), Commercial Limited (CL), Mixed
West Area Master Plan Area 3 - Rio Lobo Investments LLC
Comprehensive Plan Designation - Low Density Residential (RL)
Zoning - Urbanizable Area (UA)
Tree Farm, LLC
Comprehensive Plan Designation - Urban Area Reserve (UAR-10)
Zoning - Urban Area Reserve (UAR-10)
Transect South - Rio Lobo Investments LLC
Comprehensive Plan Designation - Urban Area Reserve (UAR-10)
Zoning - Urban Area Reserve (UAR-10)
D. SURROUNDING LAND USES: Nearby lands generally consist of residential uses, both rural and urban.
Several public schools are located to the south of the subject properties. Most of the surrounding lands
are undeveloped. Shevlin Park is located to the north of the subject area and Skyliners Road is to the
south. Surrounding zoning districts include UAR-10, Rural Residential — 10 Acre Minimum (RR -10), UA,
Open Space and Conservation (OS&C) and Residential Standard (RS) density.
E. SOILS: According to Natural Resources Conservation Service (NRCS) maps of the area, the subject
property contains three different soil types, as described below.
72C, Laidlaw sandy loam, 0 to 15 percent slopes: This soil type is comprised of 85 percent Laidlaw soil and
similar inclusions and 15 percent contrasting inclusions. Laidlaw soils are well drained with moderately
rapid permeability. The available water capacity is about 8 inches. The major use of this soil is woodland
and livestock grazing. Laidlaw soils have an agricultural capability rating of 6E, which is not considered a
high-value soil.
155D Wanoga sandy loam, 15 to 30 percent slopes: This soil type is comprised of 85 percent Wanoga
and similar soils and 15 percent minor components. Wanoga soils are found on hillslopes and contain a
parent material of volcanic ash over tuff or basalt. There is typically 20 to 40 inches of top soil to a
restrictive feature. The available water storage is 4.9 inches. The land capability classification is 6e, either
irrigated or unirrigated.
157C Wanoga-Fremkle-Rock outcrop complex. 0 to 15 percent slopes: This soil complex is composed of
35 percent Wanoga soils and similar inclusions; 30 percent Fremkle soils and similar inclusions; 20 percent
247 -18 -000957 -PA, 958-ZC Page 4 of 30
EXHIBIT G
rock outcrop; and 15 percent contrasting inclusions. The Wanoga and Fremkle soils are well drained, with
a moderately rapid permeability and an available water capacity of about two to four inches. The major
use of this soil complex is livestock grazing and woodland. The agricultural capability rating forthe Wanoga
and Fremkle soils is 6e with irrigation and 4e without irrigation. The rock outcrop is rated at 8E, with or
without irrigation. Section 18.04.030 of the DCC does not consider this soil type high-value farmland when
irrigated.
PUBLIC AND PRIVATE AGENCY COMMENTS: On January 11, 2019, the Planning Division mailed notice of
the application and notice of the public hearing to several agencies. One comment was submitted.
Peter Russell Deschutes County Senior Transportation Planner
1 have reviewed the submitted materials for 18-957-PA/958-ZC regarding a Bend UGB
adjustment related to a minor realignment for the future Skyline Ranch Road and refine
the western boundary of Northwest Crossing 2 (NWX2). This also requires a plan
amendment and zone change to ensure consistency with the recently approved Westside
Transect for around 2,380 acres in this area. Approximately a net 4 acres in the County
are affected by this current application.
The history of Skyline Ranch Road and its latest alignment due to topography as well as
the transportation grid are discussed in the burden of proof on pages 7-8. Goal 12,
Transportation, and compliance with the Transportation Planning Rule, are discussed on
pages 12-13. I agree with the applicant's findings.
The following agencies either had no comment or did not respond to the notice: Bend Growth
Management Department, Bend Metro Parks & Recreation Department, Bend Public Works Department,
Department of Land Conservation and Development, Deschutes County Road Department, Deschutes
County Surveyor, ODOT Regional 4 Planning, Oregon Department of Fish and Wildlife, Oregon Parks and
Recreation, Region 4.
G. PUBLIC COMMENTS: On January 11, 2019, the Planning Division mailed a notice of public hearing to all
property owners within 250 feet of the subject property. No written comments were received as of the
date the staff report was released.
H. 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 January 1, 2019, indicating the applicant posted notice of the land use action on the
property on January 3, 2019.
As stated above, on January 11, 2019, the Planning Division mailed a Notice of Public Hearing to all
property owners within 250 feet of the subject lands. A Notice of Public Hearing was published in the Bend
Bulletin on January 19, 2019. Notice of the first evidentiary hearing was submitted to the Department of
Land Conservation and Development on January 7, 2019 (DLCD File No. 001-19).
I. REVIEW PERIOD: The application was submitted on December 21, 2018. The application was deemed
complete on January 18, 2019. According to Deschutes County Code 22.20.040(D), the review of the
proposed quasi-judicial Plan Amendment and Zone Change application is not subject to the 150 -day
review period.
J. LAND USE HISTORY: The application materials provide background on the subject properties and the
applicants' request.
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EXHIBIT G
"In 2016, the City of Bend Council proposed several amendments to the text and maps of
the City's Comprehensive Plan and Bend Development Code (BDQ. Among these
amendments was an expansion of the Bend UGB to add 2,380 acres of land for needed
housing, employment opportunities and other urban uses. in addition, the 2016 UGB
amendment was accompanied by amendments to the Comprehensive Plan to direct the
future development of the subject west side properties."
Previous land use actions associated with the subject properties are provided below.
Tax Lot
File Nos.
• MJP-85-3 Approval of major partition to create three parcels
• MJP-88-7 approved 330 -acre parcel
• LR -05-14 lot of record determination for the subject property
• CU -05-17 & TP -05-958 - Hearings Officer denial of 34 -lot subdivision
• 247 -17 -000420 -LL incomplete application to adjust property line
1711000006000
. 247-17-001013-ZC, 1014 -PA, 1015 -TA withdrawn plan amendment, text
amendment, zone change for the Westside Transect Zone
• 247 -18 -000400 -LL property line adjustment approval
• 247-18-000612-ZC, 613 -PA, 614 -TA approved plan amendment, text amendment,
zone change for the Westside Transect Zone.
• PS -08-8 Land Use Information Form re: water -right transfer
1711350000100
. 247 -LL -14-16 approved property line adjustment
• LL -14-18 approved property line adjustment (associated with LL -14-16 through
1711350000200
LL -14-26)
• 247 -LL -14-19 approved property line adjustment (associated with LL -14-16
1711350000300
through LL -14-26)
• SP -91-124 approval of site plan for water reservoir
• LR -14-5 lot of record findings
• LL -14-22 approved property line adjustment (associated with LL -14-16 through
1711350000500
LL -14-26)
• 247 -14 -000244 -CU, 245 -TP, 247-15-000166-A, 167-A, 247 -16 -000504 -FPA files
associated with the approval of the Tree Farm subdivision
• PA -97-2 and ZC -97-2 approval of zone change and plane amendment
• MA -97-6 modification of PA -97-2 and ZC -97-2
• PA -04-9 and ZC-04-7 approval of plan amendment and zone change (Surface
Mining to Urban Area Reserve)
171135D000400
• PA -07-7 approval of a plan amendment to expand UGB
• MP -07-34 partition approval
• LL -13-50 property line adjustment
• PA -13-4 approval of a plan amendment to expand Bend UGB
• 247 -LL -14-16 and 247 -LL -13-50 approval of property line adjustments
247 -18 -000957 -PA, 958-ZC Page 6 of 30
EXHIBIT G
171135AC00100
• No previous land use decisions associated with this file no.
1711350000700
• No previous land use decisions associated with this file no.
1711350000400
• 247 -LL -14-20 and LL -14-22 (associated with LL -14-16 through LL -14-26)
171126DD00700
• ZC-00-5, TP -00-916, CU -00-112 approval of a zone change and four -lot PUD
III. CONCLUSIONS OF LAW
TITLE 19— THE BEND URBAN GROWTH BOUNDARY ZONING ORDINANCE
Chapter 19.116, Amendments, Appeals and Procedures
Section 19.116.010. Amendments
DCC Title 19 may be amended by changing the boundaries of zones or by changing any other
provisions thereof subject to the provisions of DCC 19.116.
A. Text changes and legislative map changes may be proposed by the Board of County
Commissioners on its own motion, by the motion of the Planning Commission, upon
payment of a fee, by the application of a member of the public. Such changes shall be made
pursuant to DCC 22.12 and ORS 215.110 and 215.060.
FINDING: The aforementioned property owners have requested a quasi-judicial plan amendment and zone
change. The applicants have filed the required Planning Division's land use application forms for the proposals.
The applications will be reviewed under the applicable procedures contained in Title 22 of the Deschutes County
Code.
B. Any proposed quasi-judicial map amendment or change shall be handled in accordance with
the applicable provisions of DCC Title 22.
FINDING: The applicants are seeking a quasi-judicial zoning map amendment under the applicable provisions of
DCC Title 22.
Section 19.116.020. Standards for Zone Change
The burden of proof is upon the applicant. The applicant shall in all cases establish:
A. That the change conforms with the Comprehensive Plan. Specifically, the change is
consistent with the plan's intent to promote an orderly pattern and sequence of growth.
FINDING: The following provisions of Deschutes County's Comprehensive Plan are relevant to the applicants'
proposal and should be considered in reviewing the proposal to change the zone changes. However, the Land Use
Board of Appeals (LUBA) found in Save Our Skyline v City of Bend, 48 Or LUBA 192 (2004), that: "Comprehensive
plan statements, goals and policies typically are not intended to, and do not, constitute mandatory approval
criteria for quasi-judicial land use permit applications."
As the application materials state, the proposed zone change is associated with a concurrently submitted UGB
adjustment which results in some land being added to the UGB and some land being removed from the UGB.
There are approximately four acres that are proposed to be rezoned, from City zoning to County Zoning, e.g., Low
247 -18 -000957 -PA, 958-ZC Page 7 of 30
EXHIBIT G
Density Residential (RS) to UAR-10 and Westside Transect Zone (WTZ). The county zones allow a lower residential
density than under the current RS zoning.'
The applicants suggest, "The decrease in residential density along the UGB edge provides for the implementation
of the transect concept, supporting an orderly pattern and sequence of growth, from low density to higher density
when entering into the UGB."
The applicants' proposal is to modify the Bend UGB in order to accommodate a feasible alignment of the future
Skyline Ranch Road and to refine the western border of West Area Master Planned Area 1. There will be no
increase in sewer, water or transportation demands. In total, approximately four acres are proposed to be
removed from the Bend UGB and approximately 8.18 acres are proposed to be added to the UGB, with a net
increase of 4.16 acres into the UGB. This increase in land added to the UGB is solely to accommodate the Skyline
Ranch Road right-of-way.
The Hearings Officer finds the applicants' proposal is consistent with the Comprehensive Plan's intention to
promote an orderly pattern and sequence of growth because the subject properties are not designated resource
lands, there is no change in housing density, and there is no impact on urbanization or consequences of resource
management.
Additional Comprehensive Plan policies are addressed later in this Decision.
B. That the change will not interfere with existing development, development potential or
value of other land in the vicinity of the proposed action.
FINDING: The applicants addressed the criterion by stating their request asks for a zone change to match the
adjacent zoning districts, thereby "providing a seamless connection between the county lands, with no zoning line
between them." The Hearings Officer finds this statement adequately addresses this criterion. The proposed zone
change for both the subject areas would simply allow the land to conform to the existing zoning of the adjacent
County lands. If the change in classification is approved, the subject lands will be required to develop in a way that
provides a transitional development pattern and maintains open space, wildfire, and wildlife management.
Moreover, there is no evidence in the record that the proposed change will interfere with existing development,
development potential or value of land in the vicinity of the subject properties.
C. That the change in classification for the subject property is consistent with the purpose and
intent of the proposed zone classification.
FINDING: The applicants have proposed to amend the Bend UGB to accommodate a realignment of Skyline Ranch
Road and to refine the western border of the West Area Master Planned Area 1. The associated plan designation
amendment is to provide County designations for the land being removed from the UGB.
The stated purpose of the WTZ is:
To accommodate and provide standards for land located between urban and rural, forested, park
or federal areas that provides a transitional residential development pattern with densities
ranging from one unit per2.5 to 10 acres to guide development of communities which are designed
and managed to protect wildlife habitat and establish and maintain wildfire mitigation and
prevention strategies.
The stated purpose of the UAR-10 Zone is:
1 Existing city zoning allowed density: 1.1— 4.0 units/gross acre. Proposed zoning, UAR-10, allows 0.1 units/acre and WTZ
allows 0.4 units/acre.
247 -18 -000957 -PA, 958-ZC Page 8 of 30
EXHIBIT G
To serve as a holding category and to provide opportunity for tax differentials as urban growth
takes place elsewhere in the planning area, and to be preserved as long as possible as useful open
space until needed for orderly growth.
Both the WTZ and UAR-10 zones are intended to be transitional areas between urban and rural lands. The
proposed zone change for both the subject areas would simply allow the land to conform to the existing zoning
of the adjacent County lands. With the change, the subject lands will be required to develop in a way that provides
a transitional development pattern and maintains open space, wildfire, and wildlife management. The Hearings
Officer finds the proposed change in classification is consistent with the purpose and intent of the proposed zoning
classifications.
D. That the change will result in the orderly and efficient extension or provision of public
services. Also, that the change is consistent with the County's policy for provision of public
facilities.
FINDING: The application materials summarize the proposed change as having two general areas of land: 1) land
entering the County at The Tree Farm open space; and 2) land entering the county and joining the Transect South
area owned by Rio Lobo Investments, LLC. According to the applicants' burden of proof, the land proposed to join
The Tree Farm will not be developed and will be kept as open space in perpetuity. Therefore, no public facilities
or services are necessary for this land. The land proposed to enter the County under the new zoning designation
of the WTZ, is anticipated to become part of future development.2 Any new development that occurs within this
area, approximately 0.74 acres, will be subject to the development requirements of the WTZ, which were found
to be in compliance with this criterion in Ordinance No. 2019-001.
The application materials also state, "[t]his zone change request in the Transect South area is a result of
concurrently submitted UGB and TSP amendments to realign Skyline Ranch Road, for the timely, orderly and
efficient development of a west side north -south collector road, a City public facility that will serve both City and
County residents."
The Hearings Officer finds applicant's proposal complies with this criterion. The change will result in the orderly
and efficient extension or provision of public services and the change is consistent with the County's policy for
provision of public facilities. Specifically, the realignment of Skyline Ranch Road acknowledges the property
owners are agreeable to improvements on their land in order to achieve an orderly and efficient extension of the
city's transportation systems plan. All other public facilities can reasonably be accommodated for developments
within the subject areas. Moreover, the proposal does not inhibit extension of public facilities through the subject
properties in any foreseeable way. Finally, the Hearings Officer notes that development in the subject areas will
need to comply with applicable requirements of the DCC, including land use permits, building permits, and sewage
disposal permit processes. Through these development review processes, assurance of adequate public services
and facilities will be verified.
E. That there is proof of a change of circumstance or a mistake in the original zoning.
FINDING: The applicant addressed this criterion in their burden of proof, stating the following.
"The purpose of the requested zone changes is to accommodate a Bend UGB adjustment (include
removal of some land from the UGB) for two refinements along the west side of Bend:
1. To accommodate a City TSP amendment for the realignment of Skyline Ranch Road, and
z This zone was adopted by the Board of County Commissioners on January 16, 2019 and becomes effective, if not
appealed, on April 16, 2019.
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EXHIBIT G
2. To refine the western border of the West Area Master Plan Areal (NWX2 properties, Discovery
West).
Skyline Ranch Road Alignment History
In 2016, the City of Bend Council adopted several amendments to the text and maps of the City's
Comprehensive Plan and Bend Development Code (BDC), including the Transportation System Plan
(TSP). Among these amendments was a TSP amendment to shift the alignment of Skyline Ranch
Road, a north -south major collector. Included in Exhibit C [of application materials] are original
maps created by NWX2 as a part of a long-range conceptual planning study several years ago
regarding the Tree Farm and Discovery West properties, which were then under one ownership.
NWX2 used the best information available at the time to layout conceptual roadway alignments
and project boundaries. This included unrefined topographical information and over-estimates on
the required number of housing units for the NWX2 properties. When the City of Bend was
wrapping up work on its 2016 UGB expansion, it utilized the alignment of Skyline Ranch Road as
depicted on Exhibit C in its TSP map as the best available information at the time.
Through recent further design and detailed topographical surveys in 2018, it was determined that
the alignment of Skyline Ranch Road was not depicted on the City TSP map in a feasible location,
due to topographical challenges of the area. The City TSP amendment is submitted to the City in a
concurrent application and simply refines the alignment of Skyline Ranch Road to better reflect
the physical features and topography of the area. With detailed topographical surveys of the
subject properties, the roadway alignment has been improved based upon reasonable profiles and
better connectivity to adjacent neighborhoods.
This roadway realignment through the north portion of the NWX2 properties and through the Rio
Lobo Investments property results in a proposal for some land to enter the UGB and some land to
leave the UGB. This zone change application addresses those lands proposed to leave the UGB and
return to County jurisdiction. The proposed alignment refinement and associated UGB adjustment
and zone changes remedy a "mistake" in the location of the alignment originally placed on the
map, which did not fully consider the topographical challenges of the sites.
West Area Master Plan Area 1 (NWX2 properties) Boundary Adjustment History
The current boundary between Tree Farm and the Discovery West property was arrived at through
a conceptual master planning effort completed in 2011 for all of the Miller Tree Farm property
(see Exhibit C hof application materials]). This master planning effort was conducted prior to the
City reinitiating its UGB expansion process that wrapped up in 2016, and it was assumed at the
time that the urban portion of the master plan (which became West Master Plan Area 1) would be
much higher density than the 650 residential units that were ultimately assigned to it. As such,
the street pattern on the western portion of what became Discovery West assumed a much finer
grained roadway network designed to serve smaller urban residential lots. The irregular "saw
tooth" pattern of the Tree Farm/Discovery West property boundary was based on this concept
plan, which was then memorialized through a lot line adjustment to establish the project boundary
and ultimately, the final plat of Tree Farm. The City's UGB simply followed these established
property lines.
When the UGB was approved in 2016, it included a "transect concept"for the West expansion area
that specified a de -densification of residential development from east to west towards the UGB
line, and a limit on the total number of housing units that was roughly 1/3 of what had been
anticipated in 2011. This has led to larger lot sizes on the westernmost portion of the Discovery
247 -18 -000957 -PA, 958-ZC Page 10 of 30
EXHIBIT G
West Master Plan for the NWX2 properties, and therefore the need for fewer streets to serve the
larger lots. The proposed zone change in this area is the result of the subsequently submitted UGB
amendment for a more regular shaped boundary that eliminates the majority of the small "saw
tooth" angles that had been designed to work around the smaller lots and street network. The
amended boundary will result in a more efficient development pattern to accommodate the larger
lots. The land leaving the UGB in this area is proposed in this application to be re -zoned to UAR-
10 and included as a part of the Tree Farm open space. A subsequent land use application to
Deschutes County will modify the Tree Farm 1 PUD approval (247 -14 -000242 -CU. 247 -14 -000243 -
TP) to remove and add the adjusted areas to Tree Farm open space. Again, the zone change
proposed herein for those lands leaving the UGB is to remedy a previous "mistake" due to incorrect
assumptions made at the time of long-range planning of the subject properties.
The above statements from the applicants constitute sufficient evidence explaining why the applicants have
requested the proposed UGB amendment and zone change, most notably that the original layout of the Skyline
Ranch Road did not take into consideration the challenging topography of the land, as well as the lot -layout
assumptions made for the West Area Master Plan properties. The City and County simply did not have the
information available in 2016 that is now available. The new information demonstrates that in 2016a mistake was
made in the regard to the proposed alignment of Skyline Ranch Road. Alternatively, the applicants' evidence
proves that the new information constitutes a change of circumstances from 2016, where such information was
not available.
The Hearings Officer finds the applicants have demonstrated compliance with this criterion.
Section 19.116.030. Record of Amendments.
The signed copy of each amendment to the text of Title 19, including the legal description of all
lands rezoned legislatively or quasi judicially, shall be maintained on file in the office of the County
Clerk. A record of such amendments shall be maintained in a form convenient for the use of the
public by the Planning Director, including a map showing the area and date of all amendments
hereto. The County Clerk shall keep the map of DCC Title 19 as originally enacted. Every five years
after the enactment hereof, a map showing the cumulative amendments hereto for that period shall
be filed with the County Clerk. In case of inconsistencies, the controlling record shall be first the
original map filed with the County Clerk, and its five year updates, if any. The Planning Director's
map shall control as to map amendments not shown on the original for changes less than five years
old.
FINDING: Staff recommended that if the applicants' proposal is approved, this should be made a condition of
approval. The Hearings Officer agrees and adopts the following condition of approval:
CONDITION OF APPROVAL: The applicant shall comply with DCC 19.116.030 by recording a signed copy of this
approved amendment, including the legal description of the lands rezoned hereunder, with the Deschutes County
Clerk. Such document shall be in a form reasonably acceptable to the Planning Director.
Section 19.116.040. Resolution of Intent to Rezone.
If, from the facts presented and findings and the report and recommendations of the Hearings
Officer, as required by DCC 19.116.040, the County Commission determines that the public health,
safety, welfare and convenience will be best served by a proposed change of zone, the County
Commission may indicate its general approval in principal of the proposed rezoning by the adoption
of a "resolution of intent to rezone." This resolution shall include any conditions, stipulations or
limitations which the County Commission may feel necessary to require in the public interest as a
247 -18 -000957 -PA, 958-ZC Page 11 of 30
EXHIBIT G
prerequisite to final action, including those provisions which the County Commission may feel
necessary to prevent speculative holding of property after rezoning. The fulfillment of all conditions,
stipulations and limitations contained in said resolution, on the part of the applicant, shall make
such a resolution a binding commitment on the County Commission. Such a resolution shall not be
used to justify spot zoning or create unauthorized zoning categories by excluding uses otherwise
permitted in the proposed zoning. Upon completion of compliance action by the applicant, the
County Commission shall, by ordinance, effect such rezoning. The failure of the applicant to
substantially meet any or all conditions, stipulations or limitations contained in a resolution of
intent, including the time limit placed in the resolution, shall render said resolution null and void
automatically and without notice, unless an extension is granted by the County Commission upon
recommendation of the Hearings Officer.
A. Content of Site Plan. Where a site plan is required pursuant to DCC 19.92, it shall include
location of existing and proposed buildings, structures, accesses, off street parking and
loading spaces and landscaping; existing and proposed topography; mechanical roof
facilities, if subject property is so oriented as to become part of the view from adjacent
properties; architectural perspective, layout and all elevations drawn without
exaggerations, except where noted, including locations, area and design of signs and all
landscaping.
B. Resolution on Intent Binding. The fulfillment of all conditions, stipulations and limitations
contained in the resolutions of intent on the part of the applicant shall make the resolution
binding on the County Commission. Upon compliance with the resolution by the applicant,
the County Commission shall, by ordinance, effect such reclassification.
FINDING: This criterion is not applicable at this time. The Board of County Commissioners can revisit this criterion
after conducting a public hearing and deliberations.
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 applicants have requested a County Comprehensive Plan amendment to adjust the Bend UGB in
order to accommodate the refinement of the Skyline Ranch Road alignment and the refinement of the West Area
Master Plan Area 1 boundary. The request includes a Comprehensive Plan designation amendment to Urban Area
Reserve for those lands leaving the UGB. The applicants also request a zone change for land being removed from
the UGB to match the zone of the adjacent properties within the County. The applicants have also submitted an
amendment to the Bend Comprehensive Plan Map and Transportation System Plan for the same reasons.
The County intends to follow procedures outlined in Title 22, the Deschutes County Development Procedures
Ordinance, in order to ensure a land use process that is open and based on objective evaluation of facts. At a
minimal, the Hearings Officer has already conducted one public hearing, and the Board of County Commissioners
will conduct at least one hearing before making a final decision. The County has and will provide the required
notice to these hearings to the public. The Hearings Officer finds that the process is open and public and will likely
be based on an objective evaluation of the facts.
Goal 2. Promote regional cooperation and partnerships on planning issues.
247 -18 -000957 -PA, 958-ZC Page 12 of 30
EXHIBIT G
FINDING: The proposal requires review from both the City of Bend and Deschutes County. The applicants have
submitted concurrent applications to both jurisdictions. The two concurrent application were presented at a joint
public hearing before a Hearings Officer that will review the county and city applications simultaneously.
Furthermore, the applicant has met with County and City staff to discuss their proposal. Given the structure of the
UGB amendment process and the applicants' willingness to engage both the County and the City, the Hearings
Officer concludes this proposal is based on a cooperative partnership process for regional planning and is
consistent with this goal.
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: The proposed UGB adjustment results in approximately 8.18 acres being added to the Bend UGB and
4.02 acres being removed from the UGB. The requested zone change application addresses the 4.02 acres
proposed to be removed from the Bend UGB and placed back into Deschutes County jurisdiction. The applicants
contend, "The proposed zone change of a small amount of land returning to County jurisdiction does not impact
the County's housing policies."
The Hearings Officer finds that 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 for housing. The 0.74 acres that
are proposed to be taken out of the Bend UGB and zoned changed to the WTZ will not have an impact on housing
because the zone has a density cap of 187 units. The approximate 3.67 acres to be taken out of the Bend UGB and
zoned changed to UAR-10 is proposed to be added to the Miller Tree Farm subdivision as open space. Based on
the above planning provisions and the applicant's burden of proof, the Hearings Officer finds that the proposal
complies with rural housing Goal 1.
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.
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: As stated above, the proposal requires review from both the City of Bend and Deschutes County. The
applicants have submitted concurrent applications to both jurisdictions. The proposed UGB amendment and
subsequent zone changes were selected to accommodate a feasible alignment of Skyline Ranch Road and
refinement of the border of the West Area Master Plan to allow for a more efficient development pattern.
Staff scheduled a joint public hearing before a Hearings Officer that is reviewing the county and city applications.
Furthermore, the applicant has met with County and City staff to discuss their proposal. Notice of the application
and public hearing was mailed to property owners within 250 feet of the subject area. There were no public
comments before the public hearing or at the public hearing. Lastly, the hearing scheduled for February 12 will be
open to the public and the public will be encouraged to provide testimony. The Hearings Officer concludes there
has been adequate coordination with cities, special districts and stake holders to provide an orderly and efficient
247 -18 -000957 -PA, 958-ZC Page 13 of 30
EXHIBIT G
transition between urban and rural lands. The Hearings Officer finds compliance with applicable urbanization
policies has been demonstrated.
OREGON ADMINISTRATIVE RULES CHAPTER 660
LAND CONSERVATION AND DEVELOPMENT DEPARTMENT
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 UGB amendments and associated zone change 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 Bulletin) at leasttwenty
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 250 feet of the applicant property) were provided notice of the proposed
amendment and hearing.
In addition, the applicants state they held a public meeting on November 12, 2018, to inform property owners in
the vicinity of their application proposal. 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: This goal is met because ORS 197.610 allows local governments to initiate post acknowledgment plan
amendments (PAPAs). A Department of Land Conservation and Development (DLCD) 35 -day notice was initiated
on January 7, 2019. 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. The
applicants have submitted evidence supporting the UGB amendment, plan designation amendment and zone
change. The Hearings Officer will review all application materials and public comments, then compose findings
associated with the applicable criteria. Therefore, the County will utilize an adequate factual base to make a
decision on this application. This goal is met.
Goal 3, Agricultural Lands. To preserve and maintain agricultural lands.
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: There are no agricultural or forest lands within the subject area. Therefore, Goal 3 and 4 are 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.
3 Affidavit of Publication contained within record – published in The Bulletin on January 19, 2019.
247 -18 -000957 -PA, 958-ZC Page 14 of 30
EXHIBIT G
FINDING: In summary, the applicants' burden of proof, provided below, concludes 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.
It contains no significant historic or cultural resources. Therefore, the requirements of Goal 5 are met.
The Bend City Council found in the 2016 UGB expansion decision that the subject properties do not
include any of the following Goal resources: riparian corridors, wetlands, Federal Wild and Scenic
Rivers, State Scenic Waterways, groundwater resources, approved Oregon Recreation Trails,
natural areas, wilderness areas, mineral and aggregate resources, energy sources and cultural
areas. Those findings note that the City relied on the inventory included in the Deschutes County
Comprehensive Plan and available information from State and Federal sources to make this
determination.
The Council also found that the big game winter range (BGWR) is included in the West and Shevlin
areas, based upon a 2009 Oregon Department of Fish and Wildlife (ODFW) map of big game (deer
and elk) winter ranges (see Exhibit E [in application materials]). The subject properties of this
application are within this area, however, none of the subject properties are within the Deschutes
County Wildlife Combining Zone.
As there are no Safe Harbor provisions to guide the creation of a wildlife protection program, the
City used an economic, social, environmental and energy (ESEE) analysis process and requirements
of OAR 660-023-0040 and 660-023-0050 to guide the development of a protection program (see
Exhibit E [in application materials]). Through this analysis, Council found that the BGWR values in
the West Area could be protected by applying a combined "Limit" and "Allow" approach through
transect concepts and master planning. To address this approach, the City adopted the following
Comprehensive Plan policies:
11-54 The City will consider applying the concept of a "transect" to appropriate areas. The
transect is a series of zones that transition from urban to rural which can reduce the risk of
wildfire and provide an appropriate transition from urban uses to national forest lands and
other resource areas, such as wildlife habitat, that will not be urbanized within the long-range
future.
11-101 For the West Area, shown on Figure 11-4, the central planning concepts are to:
provide a limited westward expansion that complements the pattern of complete communities
that has begun with Northwest Crossing due to the existing concentration of schools, parks,
commercial and employment lands; and create a transect from higher densities along Skyline
Ranch Road to lower density and open space along the western edge in this area which
approaches National Forest land and park open spaces, in order to provide buffers for wildlife
and wildfire.
The proposed UGB amendment for the realignment of Skyline Ranch Road and refinement of the
western boundary of NWX2 does not change the density or use requirements the Comprehensive
Plan sets for each of the subject properties. The Applicants will apply a transect concept to
appropriate areas, as guided by the Comprehensive Plan. Master planning of the subject
properties will continue to be required to ensure implementation of the transect concept and other
requirements of the Comprehensive Plan and Bend Development Code. For all the forgoing
reasons, the requirements of Goal are met.
Goal 6, Air, Water and Land Resources Quality. To maintain and improve the quality of the air, water, and
land resources of the state.
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FINDING: The applicants' burden of proof provides the following.
Air and water quality are regulated by the Oregon Department of Environmental Quality. For areas
within the Bend UGB, the Bend Development Code includes regulations for the Waterway Overlay
Zone (WOZ) and Areas of Special Interest (ASI), which has been acknowledged by the Department
of Land Conservation and Development. The subject properties are not located within the WOZ
nor do they contain an ASI. The Applicant is not proposing an exception to compliance with Goal
6. Maintaining or improving the quality of the community's air, water and land resources will be
assured through enforcement of state and local regulations. Noise levels will not exceed DEQ noise
regulations.
Through the 2016 Bend UGB expansion, the City found that the UGB expansion satisfied Goal 6 for
several reasons:
• "The proposal does not include new areas along the Deschutes River or Tumalo Creek; the
proposed efficiency measures and areas for expansion direct growth away from these
areas.
The proposal will maintain and improve the quality of air resources because it has been
designed to reduce the growth of vehicle miles traveled (VMT), which will help in limiting
or avoiding new greenhouse gas emissions from auto and truck traffic.
The planned housing mix makes a shift from single-family detached, to more attached
housing types, which studies have shown typically consume less energy than single-family
dwellings."
The proposed amendments in this application do not change any of the findings in the 2016 UGB
expansion decision, as there is no increase in required/permitted housing units. Additionally, the
proposal does not result in additional water or sewer impacts.
The Hearings Officer finds the proposal will not impact air, water and land resources quality due to the extent of
the amendments. This goal is met.
Goal 7, Areas Subject to Natural Disasters and Hazards. To protect people and property from natural
hazards.
FINDING: The applicants' state the City of Bend adequately addressed Goal 7 during the 2016 UGB Expansion and
that the current proposal does not change any wildfire management regulations or increase the amount of
development on the subject properties, which were assessed during the 2016 UGB analysis. The Hearings Officer
finds the proposal 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 applicants' response suggests Goal 8 is met because the property owners have coordinated with
the Bend Parks and Recreation District (BPRD) and have determined the impacted subject lands will not negatively
impact recreational space nor land currently owned by or planned to be owned by BPRD. Furthermore, the
applicants' also state there are no Goal 8 Destination Resorts within the vicinity and none of the property owners
plan on establishing a destination resort.
The applicants provided a table, provided below, listing the subject properties and the planned uses for each area.
Tax Lot, Owner Planned Use
1711350000400, Rio Lobo Investments, LLC Land within UGB = Mixed housing, per Bend
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The Hearings Officer finds the applicants' proposal is compliant with Goal 8 for the reasons articulated by the
applicant.
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 applicants contend the proposed amendments will not impact the amount of employment lands
identified during the 2016 UGB expansion process and the associated 2016 Bend Economic Opportunities Analysis.
The reason being that the current proposal is limited to approximately eight acres that are or will be dedicated to
residential or open space designations. Furthermore, a reason for the proposed amendments is to accommodate
a more feasible and effective alignment for Skyline Ranch Road, which will serve the west -side neighborhoods,
including the commercial and mixed employment areas.
The Hearings Officer finds the applicants have adequately addressed compliance with Goal 9.
Goal 10, Housing. To provide for the housing needs of citizens of the state.
FINDING: The Hearings Officer finds the proposal to be consistent with Goal 10 based on the applicants' response,
provided below.
Goal 10 imposes obligations on local governments to provide an adequate supply of housing for
all income levels. In fact, the City's 2016 Urban Growth Boundary expansion and related set of
efficiency measures will ensure the City has an adequate supply of buildable land for needed
housing. The 2016 UGB expansion process included a Housing Needs Analysis and a Buildable
Lands Inventory to establish a need for housing land in the Urbanization Report. From these
reports, Council found that the additional land added to the UGB and the land already in the UGB
will provide a supply of buildable land that the City has shown will help meet the City's needed mix
of housing in both the existing boundary and those areas added through the expansion. Through
the UGB expansion process, the City's Comprehensive Plan was amended to assign a specific
required number of housing units for the subject properties. This currently proposed amendments
simply refine the boundary of the UGB and plan designations along the edges of the subject
properties; they do not change the number of housing units required (or allowed) for the subject
properties. Based on the UGB expansion findings and the fact that these amendments will not
change those findings or the number of housing units, the requirements of Goal 10 are met.
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.
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Comprehensive Plan policies
Land outside UGB = Currently, an application
for a zone change to Westside Transect Zone is
being reviewed by the County.
1711350000100 (portion), NWX2, LLC
These parcels are all planned for largely
1711350000200(portion), NWX2, LLC
residential development with discreet housing
1711350000300 (portion), NWX2, LLC
unit requirements set by the City of Bend
1711350000400, NWX2, LLC
Comprehensive Plan, in addition to some
1711350000500, NWX2, LLC
limited commercial and mixed employment
areas.
1711350000700, Tree Farm, LLC
These parcels are preserved as open space for
1711350000100, Tree Farm, LLC
The Tree Farm development.
The Hearings Officer finds the applicants' proposal is compliant with Goal 8 for the reasons articulated by the
applicant.
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 applicants contend the proposed amendments will not impact the amount of employment lands
identified during the 2016 UGB expansion process and the associated 2016 Bend Economic Opportunities Analysis.
The reason being that the current proposal is limited to approximately eight acres that are or will be dedicated to
residential or open space designations. Furthermore, a reason for the proposed amendments is to accommodate
a more feasible and effective alignment for Skyline Ranch Road, which will serve the west -side neighborhoods,
including the commercial and mixed employment areas.
The Hearings Officer finds the applicants have adequately addressed compliance with Goal 9.
Goal 10, Housing. To provide for the housing needs of citizens of the state.
FINDING: The Hearings Officer finds the proposal to be consistent with Goal 10 based on the applicants' response,
provided below.
Goal 10 imposes obligations on local governments to provide an adequate supply of housing for
all income levels. In fact, the City's 2016 Urban Growth Boundary expansion and related set of
efficiency measures will ensure the City has an adequate supply of buildable land for needed
housing. The 2016 UGB expansion process included a Housing Needs Analysis and a Buildable
Lands Inventory to establish a need for housing land in the Urbanization Report. From these
reports, Council found that the additional land added to the UGB and the land already in the UGB
will provide a supply of buildable land that the City has shown will help meet the City's needed mix
of housing in both the existing boundary and those areas added through the expansion. Through
the UGB expansion process, the City's Comprehensive Plan was amended to assign a specific
required number of housing units for the subject properties. This currently proposed amendments
simply refine the boundary of the UGB and plan designations along the edges of the subject
properties; they do not change the number of housing units required (or allowed) for the subject
properties. Based on the UGB expansion findings and the fact that these amendments will not
change those findings or the number of housing units, the requirements of Goal 10 are met.
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.
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FINDING: The Hearings Officer finds compliance with Goal 11 is met based on the analysis completed by the City
as part of the 2016 UGB Expansion, the signed development agreement — as discussed in the application materials
— and the applicants' assertion the proposed amendments will not change the findings or results of these
documents. Rural development will be subject to onsite wastewater treatment systems.
Goal 12, Transportation. To provide and encourage a safe, convenient and economic transportation
program.
FINDING: The applicants contend their proposal is exempt from compliance with Goal 12 because of a provision
in OAR 660-024-0020(d), provided below.
(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;
The proposed UGB amendment does add land to the UGB that is currently zoned Urban Area Reserve (UAR-10).
The applicant acknowledges, "While the zoning of the land will ultimately be changed through master planning
and annexation processes, no additional development is proposed nor allowed as a result of these proposed UGB
and plan designation amendments." The applicant goes on to state that while the proposal should be considered
exempt from the TPR, the proposal is actually supportive of Goal 12 by accommodating the refinement of the
Skyline Ranch Road alignment to better utilize existing topography. Comments from the Deschutes County
Transportation Planner affirm this statement. The applicants suggest the refined alignment will be more
economical to construct and maintain, as well as more convenient for multi -modal users. The Hearings Officer
agrees and finds if compliance with Goal 12 is mandatory, the reasoning for the amendment is in compliance with
Goal 12.
Goal 13, Energy Conservation. To conserve energy.
FINDING: The applicant states the proposed amendments support the City's previous Goal 13 findings pertaining
to the 2016 UGB expansion by better aligning the Skyline Ranch Road and amending the UGB along the West Area
Master Plan Area 1; both reasons conserve energy through efficient design and connectivity of neighborhoods.
The applicants' proposal is compliant with Goal 13 because the UGB amendment and zone change will allow for a
more efficient transportation corridor and neighborhood design.
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 Hearings Officer adopts the below from the applicants and finds it is sufficient to comply with Goal
14. Moreover, findings below regarding OAR 660-024 further demonstrate that the proposal will ensure an
orderly and efficient transition from rural to urban land uses.
During the City's 2016 UGB expansion process, the City demonstrated a need to amend the UGB to
accommodate future urban population and job growth within the Bend UGB, through several analyses,
including the Urbanization Report and the UGB Scenario Evaluation Report. The City inventoried its
buildable lands in the previous UGB for both housing and employment and forecasted future needs for
housing and employment based on the 20 -year population forecast, determining that a UGB expansion
was necessary. This UGB expansion was adopted in 2016. The currently proposed UGB amendment refines
the UGB to improve the constructability of the previously planned neighborhoods and roadways, but does
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not change the amount of housing and employment units. As such, the proposal is consistent with Goal
14.
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 660-024, 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) Goals 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,
FINDING: The Hearings Officer incorporates the applicants' response, provided below, and finds it is adequate
given the statements that the proposed amendment does not affect the inventory of buildable lands and that the
subject lands have no Goal 5 resources. There are no Goal 5 resources identified on the subject lands, but the
Oregon Dept. of Fish and Wildlife did identify big game winter range on some of the subject lands.
Goal 5 is addressed below under the section for Statewide Planning Goals. Per OAR 660-024-
0020(c), Goal 5 is only addressed for the area proposed to be added to the UGB. This proposed
UGB amendment does not affect the inventory of buildable lands, so OAR 660-023-0070 is not
applicable. Per OAR 660-023-250, "a local government is not required to apply Goal 5 in
consideration of a PAPA unless the PAPA affects a Goal 5 resource." The Bend City Council found
in the 2016 UGB expansion decision that the subject properties do not include any of the following
Goal 5 resources: riparian corridors, wetlands, Federal Wild and Scenic Rivers, State Scenic
Waterways, groundwater resources, approved Oregon Recreation Trails, natural areas, wilderness
areas, mineral and aggregate resources, energy sources and cultural areas. Those findings note
that the City relied on the inventory included in the Deschutes County Comprehensive Plan and
available information from State and Federal sources to make this determination. It is the
Applicants' understanding that no new Goal resources have been identified or inventoried on the
lands proposed to be added to the UGB.
The Council also found that the big game winter range (BGWR) is included in the West and Shevlin
areas, based on a 2009 Oregon Department of Fish and Wildlife (ODFW) map of big game (deer
and elk) winter ranges (see Exhibit E [of application materials]). The small amount of land (a net
of 4.1 acres) proposed to be added to the UGB in this application is within this BGWR area,
however, none of the subject properties are within the Deschutes County Wildlife Combining Zone.
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The Goal 5 findings later in this narrative address the BGWR as related to the areas proposed to
be added to the UGB, in compliance with this section.
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 Hearings Officer finds the subject lands are currently zoned urbanizable. The application materials
indicate approximately 0.74 acres are proposed to be taken out of the Bend UGB and zoned changed to the
Westside Transect Zone. This land will arguably not generate more vehicle trips because the zone has a prescribed
density cap of 187 units, regardless of the size of the zone. Additionally, the application states the approximate
3.67 acres to be taken out of the Bend UGB and zoned changed to UAR-10 is proposed to be added to the Miller
Tree Farm subdivision as open space. Likewise, this land will not generate more vehicle trips than the zone
currently assigned. It should be noted that there is 8.18 acres being added to the Bend UGB, which the County
does not necessarily have jurisdiction over in determining if TPR requirements are applicable. However, the
applicants have submitted a concurrent application with the City, which is also before the Hearings Officer. As
noted in the concurrent decision issued by the Hearings Officer, the TPR requirements do not need to be met
because of the unique situation of this application — land being added/removed from the UGB will keep a similar
zoning designation whether the land is coming into or out of the UGB. The Hearings Officer finds the applicants'
response, provided below, is adequate for the application before the county.
The proposed UGB amendment includes the addition and removal of property to and from the
current UGB limits, in order to refine the western boundary of the West Area Master Plan Area 1
(NWX2 properties, Discovery West) and to refine the alignment of Skyline Ranch Road. All land
proposed to be added or removed from the UGB is currently zoned as urbanizable land (UAR-10 in
the County or UA in the City). The proposed UGB amendment will not result in new uses or changes
in the number of residential or commercial units in the associated master planned areas.
Further, the owners of the subject properties have entered into a development agreement with
the City of Bend (Ordinance NS -2316) for the guarantee of water, sewer and transportation
infrastructure mitigation for the future urban development for the West and Shevlin UGB
Expansion Areas (all the subject properties are included in these areas). The development
agreement provides for the timing, construction and funding of infrastructure necessary to support
the urban development of these properties. The transportation study that was completed in
conjunction with the development agreement was based on the Skyline Ranch Road alignment
that is the basis for this UGB amendment. This proposed UGB amendment does not change the
requirements of this development agreement and does not increase transportation infrastructure
needs.
As such, the proposed UGB amendment will not generate more vehicle trips than the limits of the
existing UGB. Therefore, the transportation planning rule, OAR 660-12-0060, is not applicable.
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.
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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 Hearings Officer finds the applicants' response below is sufficient to address this criterion, with the
exception that legal descriptions will be required prior to the Board of County Commission's consideration of
adoption.
The attached UGB. refinement map in Exhibit C [application materials] shows the property to be
added to and removed from the UGB. Following approval of the UGB amendment and through
individual master planning processes, the Applicants will apply to the City and County for
appropriate lot line adjustments of the existing legal lots to revise the lots such that the new UGB
boundary aligns with property boundaries and/or right of way dedications. Legal descriptions will
be provided when the Applicants submit the lot line adjustment applications and/or right-of-way
dedications. Additionally, the Applicants will provide GIS mapping files to the City and County to
identify the exact location of the proposed UGB line.
If legal descriptions are not provided to the Board to ensure that the required maps can be prepared, the
Board will need to consider whether it is feasible to ensure compliance through a condition of approval.
In such case, the Hearings Officer encourages the Board to include in the condition of approval a deadline
to ensure that County maps can be updated promptly.
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 applicants provided the following response to this criterion.
In 2016, the City of Bend completed a legislative UGB amendment process that included an
evaluation of all of the above -referenced needs. That legislative UGB expansion was adopted to
address the identified needs. This application is for a quasi-judicial, site-specific UGB adjustment
request and does not change the amount of housing or employment to be provided or needed
within the UGB. The adoption of the 2016 Bend UGB expansion included Comprehensive Plan
amendments that set specific housing unit numbers for each of the subject properties that were
added to the UGB; those requirements are not proposed to be changed with this application. As
such, this proposal does not affect sewer or water capacities or demands, and it proposes to
improve the street layout (Skyline Ranch Road). As a quasi-judicial application to refine the UGB
line for specific properties to enable the properties to better meet the requirements of the 2016
UGB and Comprehensive Plan amendments, the review of a 20 -year population forecast for the
urban area is not applicable to this application. (emphasis added)
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The Hearings Officer concurs with the applicants' argument and finds that no further analysis of a 20 -year
population forecast is necessary. This finding is underscored by the fact that the proposal will not change the
amount of housing or employment lands within the UGB.
(2) If the UGB analysis or amendment is conducted as part of a periodic review work program, the 20 -year
planning period must commence on the date initially scheduled for completion of the appropriate work
task. If the UGB analysis or amendment is conducted as a post -acknowledgement plan amendment
under ORS 197.610 to 197.625, the 20 -year planning period must commence either:
(a) On the date initially scheduled for final adoption of the amendment specified by the local
government in the initial notice of the amendment required by OAR 660018-0020; or
(b) If more recent than the date determined in subsection (a), at the beginning of the 20 -year period
specified in the coordinated population forecast for the urban area adopted by the city and county
pursuant to OAR 660024-0030, unless ORS 197.296 requires a different date for local governments
subject to that statute.
FINDING: This criterion does not apply as the application is for a quasi-judicial UGB amendment and is not part of
periodic review.
(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 need (for example, employment need).
FINDING: The Hearings Officer finds the applicants' response to this criterion, provided below, is sufficient
because analysis of land need was addressed in the 2016 Bend UGB and Comprehensive Plan amendments, of
which the current application is asking to comply with.
The Applicant requests a quasi-judicial, site specific UGB adjustment, to refine the western border
of the West Area Master Plan Area 1 and West Area Master Plan Area 3 through a combination
of lands entering and leaving the Bend UGB. The proposed amendment simply refines the UGB line
to enable the subject properties to better meet the requirements of the 2016 UGB and
Comprehensive Plan amendments. The proposed UGB amendment accommodates a feasible
alignment of Skyline Ranch Road (net increase in land added to UGB of approximately 4.1 acres,
see Exhibit H) and refines the western border of the West Area Master Plan Area 1. The proposed
amendment supports Goals 10, 12 and 14 (housing, transportation and urbanization), but does
not address an identified deficiency or specific planning goal need. There is no change in the
number of required/allowed housing units, nor a change in the employment lands. As such, this
application is not required to address a specific land need, which were addressed in the 2016 UGB
and Comprehensive Plan amendments.
(4) The determination of 20 -year residential land needs for an urban area must be consistent with the
adopted 20 -year coordinated population forecast for the urban area, and with the requirements for
determining housing needs in Goal 10, OAR 660, division 7 or 8, and applicable provisions of ORS 197.295
to 197.314 and 197.475 to 197.490.
FINDING: This criterion does not apply because the proposed UGB amendment is not for the purpose of meeting
residential land needs, it is to accommodate a feasible alignment for the future Skyline Ranch Road and to refine
the western border of the West Area Master Planned Area 1. The applicants do not propose to amend any housing
unit requirements determined in the 2016 UGB and Comprehensive Plan amendments.
(5) Except for a metropolitan service district described in ORS 197.015(14), the determination of 20 -year
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EXHIBIT G
employment land need for an urban area must comply with applicable requirements of Goal and OAR
660, division 9, and must include a determination of the need for a short-term supply of land for
employment uses consistent with OAR 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.
FINDING: This criterion does not apply because the proposed UGB amendment is not for the purpose of meeting
employment land needs. As stated above, it is to accommodate a feasible alignment for the future Skyline Ranch
Road and to refine the western border of the West Area Master Planned Area 1. The applicants do not propose
to amend any employment land requirements determined in the 2016 UGB and Comprehensive Plan
amendments.
(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 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 ORS 195.110 and 197.296 for local governments specified in those statutes.
FINDING: The applicants' response, provided below, is adequate considering the application is not a legislative
amendment to address a 20 -year land need.
"This proposed UGB adjustment is a quasi-judicial application for a boundary refinement to
provide for a more feasible implementation of recent City Comprehensive Plan amendments, not
a legislative application to address 20 -year land needs. However, relevant portions of Goal 11 and
12 will be addressed in more detail below. ORS 197.712 and 197.768 require an analysis of general
public facilities such as sewer and water to be included in the Comprehensive Plans of cities and
counties. Both the City of Bend and the Deschutes County Comprehensive Plans include such
analyses. Additionally, the Applicants are all parties in the Westside Infrastructure Group (WIG),
which has entered into a development agreement with the City (Ordinance NS -2316, effective
November 16, 2018) to guarantee sewer, water, and transportation infrastructure mitigation in a
timely, orderly and efficient manner for the future urban development for the West and Shevlin
UGB expansion areas, within which the subject properties are included. This development
agreement provides for the timing, construction and funding of infrastructure necessary to support
the urban development in the above mentioned areas, including the subject properties, meeting
the requirements of Goal 11 and 12. This proposed quasi-judicial UGB adjustment does not change
the demand for water, sewer or roadways, as the number of required/allowed housing units does
not change and no new land uses are introduced."
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.
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FINDING: The present proposal does not impact or change the City's 2016 legislative process to ensure a 20 -year
land supply for all needs. Consequently, as demonstrated in the City's 2016 Buildable Land Inventory, this standard
is met.
(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 applicants' response, provided below, is a sufficient response to this criterion. Under the applicants'
proposal, there are no changes to the identified land need within the City of Bend.
"Prior to the 2016 UGB expansion, the City identified that land inside the UGB was insufficient to
accommodate estimated 20 -year needs and expanded its UGB to correct this insufficiency. The
City's UGB expansion process involved an analysis of alternative boundary locations to comply
with ORS 197.296. This quasi-judicial site-specific application seeks to refine the UGB along the
subject properties in the West Area of Bend, to facilitate a feasible alignment for Skyline Ranch
Road, a TSP -designated major collector, and to refine the boundary of the West Area Master Plan
Area 1 for improved implementation of the Comprehensive Plan's required transect and density
requirements. This proposal is not intended to specifically respond to identified land need
deficiencies. The proposal does not change the number of housing units or employment lands, nor
does it impact sewer, water or transportation demands."
(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: This section does not apply to the current proposal because the UGB adjustment is not submitted under
ORS 197.626, nor is it subject to ORS 197.626.
(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 applicants' response, provided below, is a sufficient response to this criterion. The applicants have
submitted a zone change application concurrently with the UGB amendment to assign an appropriate plan
designation to the subject lands.
"A net of approximately 4.1 acres will be added to the UGB through this proposed UGB adjustment
(approximately 4.3 acres are proposed to be removed from the UGB, while approximately 8.4 acres are
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proposed to be added to the UGB, see Exhibit H). These lands are currently zoned urban area reserve (UAR-
10) in Deschutes County. The lands being added are not to respond to a specific need determination.
Regardless, upon entering the UGB, the City will assign an urban plan designation to the properties, equal
to those of the land currently adjacent to the land being added to the UGB (designation = Low Density
Residential, RL). Both of the subject areas inside the UGB are required to be master planned to meet the
required densities and uses defined within the Bend Comprehensive Plan. Upon approval of the master
plans, the subject properties are expected to be annexed into the City, at which time the properties will be
rezoned to match the Comprehensive Plan and/or approved master plan designations.
This application is a quasi-judicial site-specific UGB adjustment, not a legislative periodic review; as such,
ORS 197.296 does not apply to this application."
OAR 660-024-0060, Metro Boundary Location Alternative Analysis
(1) When considering a Metro UGB amendment, Metro must determine which land to add by evaluating
alternative urban growth boundary locations. For Metro, this determination must be consistent with
the priority of land specified in ORS 197.298 and the boundary location factors of Goal 14, as follows:
(a) Beginning with the highest priority of land available, Metro must determine which land in that
priority is suitable to accommodate the need deficiency determined under OAR 660-024-0050.
(b) If the amount of suitable land in the first priority category exceeds the amount necessary to satisfy
the need deficiency, Metro must apply the location factors of Goal 14 to choose which land in that
priority to include in the Metro UGB.
FINDING: The subject property is not under Metro's authority. Furthermore, the proposed UGB adjustment is a
quasi-judicial site-specific refinement and not a legislative amendment to address a need deficiency. Due to the
nature of the proposed quasi-judicial refinement, a boundary location alternatives analysis considering "priority
lands" is not applicable.
(2) Notwithstanding OAR 660-024-0050(4) and subsection (1)(c) of this rule, except during a legislative
review of the Metro UGB, Metro may approve an application under ORS 197.610 to 197.625 fora Metro
UGB amendment proposing 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.
(3) The boundary location factors of Goal 14 are not independent criteria. When the factors are applied to
compare alternative boundary locations and to determine the Metro UGB location, Metro must show
that all the factors were considered and balanced.
(4) In determining alternative land for evaluation under ORS 197.298, "land adjacent to the UGB" is not
limited to those lots or parcels that abut the UGB, but also includes land in the vicinity of the UGB that
has a reasonable potential to satisfy the identified need deficiency.
(5) If Metro has specified characteristics such as parcel size, topography, or proximity that are necessaryfor
land to be suitable for an identified need, Metro may limit its consideration to land that has the specified
characteristics when it conducts the boundary location alternatives analysis and applies ORS 197.298.
FINDING: The subject property is not under Metro's authority. Nonetheless, the proposed UGB adjustment is a
quasi-judicial site-specific refinement and is not a legislative amendment to address a land need deficiency.
Therefore, these sections do not apply.
(6) The adopted findings for a Metro UGB adoption or amendment must describe or map all of the
alternative areas evaluated in the boundary location alternatives analysis. If the analysis involves more
than one parcel or area within a particular priority category in ORS 197.298 for which circumstances are
the same, these parcels or areas may be considered and evaluated as a single group.
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FINDING: The subject property is not under Metro's authority. This application is a refinement of the UGB line,
to provide a feasible alignment due to topography of the future Skyline Ranch Road and to refine the border of
West Area Master Plan Area 1 to accommodate the mandated development patterns and housing densities. Due
to the nature of this adjustment, alternative locations are neither feasible nor applicable.
(7) For purposes of Goal 14 Boundary Location Factor 2, "public facilities and services" means water,
sanitary sewer, storm water management, and transportation facilities.
(8) The Goal 14 boundary location determination requires evaluation and comparison of the relative costs,
advantages and disadvantages of alternative Metro UGB expansion areas with respect to the provision
of public facilities and services needed to urbanize alternative boundary locations. This evaluation and
comparison must be conducted in coordination with service providers, including the Oregon Department
of Transportation (ODOT) with regard to impacts on the state transportation system. "Coordination"
includes timely notice to service providers and the consideration of evaluation methodologies
recommended by service providers. The evaluation and comparison must include:
(a) The impacts to existing water, sanitary sewer, storm water and transportation facilities that serve
nearby areas already inside the Metro 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 Metro 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: The application materials indicate the property owners have entered into a development agreement
with the City for development of water, sewer and transportation infrastructure necessary to support the urban
development of the West and Shevlin Areas, within which the subject properties are included. According to the
applicant, the proposed UGB adjustment does not impact the development agreement or the water, sewer, or
transportation infrastructure needs or capacity. This proposal facilitates a feasible alignment for Skyline Ranch
Road, as well as revisions to the western border of West Area Master Plan Area 1 to facilitate implementation of
the transect concept and mandated housing densities for the subject properties.
This application is not a legislative amendment to address a need deficiency. Due to the nature of the proposed
quasi-judicial refinement, a boundary location alternatives analysis is not applicable.
OAR 660-024-0065, Establishment of Study Area to Evaluate Land for Inclusion in the UGB
OAR 660-024-0067, 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 previously noted, this application is not a legislative amendment to address a need deficiency. Due
to the nature of the proposed quasi-judicial refinement, an evaluation of land for inclusion in the UGB is not
applicable.
OAR 660-024-0070, UGB ADJUSTMENTS
(1) A local government may adjust the UGB at any time to better achieve the purposes of Goal 14 and this
division. Such adjustment may occur by adding or removing land from the UGB, or by exchanging land
inside the UGB for land outside the UGB. The requirements of section (2) of this rule apply when
removing land from the UGB. The requirements of Goal 14 and this division [and ORS 197.298] apply
when land is added to the UGB, including land added in exchange for land removed. The requirements
of ORS 197.296 may also apply when land is added to a UGB, as specified in that statute. If a local
government exchanges land inside the UGB for land outside the UGB, the applicable local government
must adopt appropriate rural zoning designations for the land removed from the UGB prior to or at the
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time of adoption of the UGB amendment and must apply applicable location and priority provisions of
OAR 660-024-0060 through 660-020-0067.
FINDING: The applicants provided the following response to this criterion.
In December 2016, the Bend UGB expansion was acknowledged by the Oregon DLCD, adding 2,380
acres of land to address identified housing and employment needs. Included in that expansion
were two of the subject properties (NWX2's West Area Master Plan Area 1, Rio Lobo's West Area
Master Plan Area 3). This proposed UGB adjustment is a quasi-judicial application, not a legislative
amendment lead by a local government. Nonetheless, the purpose of the proposed UGB
adjustment is to better achieve the purposes of Goal 14 for the westside of Bend and proposes to
add a net of approximately 4.1 acres to the UGB, including some exchanges of land inside and
outside the UGB. The proposed UGB adjustment would allow the refinement of the alignment of
Skyline Ranch Road, a [City of Bend] TSP -designated north -south major collector. The current TSP
alignment for this roadway is topographically infeasible, creating an inefficient use of land. The
UGB refinement also includes the western border of the NWX2 properties, to more efficiently
implement the transect concepts while meeting the density requirements and required number of
housing units outlined in the Bend Comprehensive Plan.
Goal 14 and ORS 197.298 are addressed below. In summary, the proposed UGB amendment
refines the UGB to improve the constructability of the previously planned neighborhoods and
roadways, but does not change the amount of allowed/required housing units and employment
lands that will be achieved through the master planning process. This refinement ensures more
efficient use of land while achieving the neighborhood requirements of the City's Comprehensive
Plan.
Approximately 4.3 acres are proposed to be removed from the UGB and designated UAR-10, to
match the adjacent rural lands. A concurrent zone change application is being submitted to the
County for those lands, requesting the adoption of County zoning to match the zoning of the
adjacent County lands.
This criterion is met.
(2) A local government may remove land from a UGB following the procedures and requirements of ORS
197.764. Alternatively, a local government may remove land from the UGB following the procedures
and requirements of 197.610 to 197.650, provided it determines:
Finding: Staff asked the Hearings Officer to consider whether this rule applies to this case. Specifically, staff noted:
Although land is proposed to be removed from the UGB, the proposed adjustment will actually
increase the lands within the UGB. Approximately 4.02 acres are proposed to be removed from the
Bend UGB and approximately 8.18 acres are proposed to be added to the UGB, with a net increase
of 4.16 acres into the UGB. The applicants contend the proposed UGB adjustment will not change
the allowed/required number of buildable housing units, nor does it increase impacts on the public
facilities. While the applicant suggests this section is not applicable, staff asks the Hearings Officer
to make specific findings as to whether it is or not.
The Hearings Officer believes that, notwithstanding the net gain of 4.16 acres to the UGB, the fact that 4.02 acres
will be removed, triggers the application of this criterion. To meet this criterion, there are two optional tracts. The
Hearings Officer finds the first one (compliance with ORS 197.764) is met as described below.
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ORS 197.764
(1) A local government may approve an application to remove a lot or parcel from within an urban growth
boundary if:
(a) The application is submitted by the owner of the lot or parcel;
FINDING: The applications are submitted by the owners of the subject properties.
(b) (A) The lot or parcel is adjacent to the edge of the urban growth boundary; or
(8) The lot or parcel is adjacent to another lot or parcel that is removed under this section;
FINDING: The portion of the subject properties that will be removed from the UGB are adjacent to the edge of
the UGB. Again, the purpose of this application is to adjustthe UGB to accommodate the refinement of the Skyline
Ranch Road and the West Area Master Plan Area.
(c) The lot or parcel is assessed under ORS 308A.050 (Legislative intent) to 308A.128 (Certain district
assessments inapplicable to exclusive farm use zone farmland) for its value for farm use;
FINDING: This statute applies to tax assessments for farm land, which is not applicable in this case.
(d) The lot or parcel is not within the boundaries of a city; and
FINDING: The subject properties are not within the boundaries of the City.
(e) The lot or parcel is not included in an area identified for urban services under ORS 197.754 (Land
identified for urban services).
(2) A local government, in deciding whether to approve an application under subsection (1) of this section, shall
consider:
(a) The projected costs and other consequences of extending urban services to the affected lot or
parcel;
FINDING: As the applicants have demonstrated, it will be more efficient to extend urban services to the refined
UGB because of the topography. The removal (and ultimately net gain) of land from the UGB will allow for the
feasible implementation of the City's 2016 UGB Amendment.
(b) The potential value in the investment of providing urban services to the affected lot or parcel;
FINDING: Given the applicant's description of the area to be removed from the UGB, it will be left as open space.
And given the topography, development of the removed area seems unlikely. The value of providing services to
the area to be removed is nominal.
(c) Any requirement for expanding the urban growth boundary in other areas to compensate for
any loss in buildable lands; and
FINDING: As noted throughout this decision, there will be no loss of buildable lands as the result of the removal
approximately 4.02 acres from the UGB. Instead, there will be a net gain of lands to the UGB and no impact on
the buildable lands. Therefore, there is no need to require an expansion of the UGB in other areas.
(d) The projected costs and other consequences of providing urban services to other areas brought
in under an expanded urban growth boundary.
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FINDING: As noted throughout this decision, the cost for providing urban services to the land being removed from
the UGB will be greater. The realigned Skyline Ranch Road will be made feasible through the TSP amendment and
will cost less to construct.
(3) (a) Land that is removed from within an urban growth boundary pursuant to an application
approved under this section shall be removed from any inventory of buildable lands maintained
by the local government.
FINIDNG: The City will remove the 4.02 acres, as identified by the applicants as the land to be removed from the
UGB, from its buildable lands inventory.
(b) A local government that approves an application under this section shall either expand the
urban growth boundary to compensate for any resulting reduction in available buildable lands
or increase the development capacity of the remaining supply of buildable lands.
FINDING: As noted throughout this decision, there will be a net gain of 4.16 acres to the UGB as the result of this
application and there will not be any resulting reduction in available buildable lands. Therefore, this requirement
is met.
(3) Notwithstanding sections (1) and (2) of this rule, a local government considering an exchange of land
may rely on the land needs analysis that provided a basis for its current acknowledged plan, rather than
adopting a new need analysis, provided.
(a) The amount of buildable land added to the UGB to meet.
(A) A specific type of residential need is substantially equivalent to the amount of buildable
residential land removed, or
(B) The amount of employment land added to the UGB to meet an employment need is substantially
equivalent to the amount of employment land removed, and
(b) The local government must apply comprehensive plan designations and, if applicable, urban zoning
to the land added to the UGB, such that the land added is designated.
(A) For the some residential uses and at the same housing density as the land removed from the
UGB, or
(B) For the same employment uses as allowed on the land removed from the UGB, or
(C) If the land exchange is intended to provide for a particular industrial use that requires specific
site characteristics, only land zoned for commercial or industrial use may be removed, and the
land added must be zoned for the particular industrial use and meet other applicable
requirements of ORS 197A.320(6).
FINDING: The proposed UGB adjustment and associated Plan designation amendment do not affect the amount
of buildable residential land in terms of housing units, as the required number of housing units for the subject
properties are established in the Comprehensive Plan and are not being amended. Additionally, the applicants'
proposal does not change the amount of employment land to be included in the subject property master plans,
nor is the intent to provide for a particular industrial use.
The applicant suggests the land needs analysis that provided a basis for the current acknowledged plan is still
relevant and is not affected by this proposal. According to the applicant, their proposal is not to address a specific
land need, but rather to improve the efficiency and feasibility of the implementation of the Bend Comprehensive
Plan requirements for the subject properties."
4 In accordance with 660-24-0070 (3)(b), the Applicants have submitted a concurrent application to the City of Bend for the
amendment of the City's UGB and amendment of the comprehensive plan designations for the land entering the UGB. The
Applicants have also submitted to the County an application for a zone change for the land being removed from the UGB.
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The Hearings Officer agrees with the applicants; the land needs analysis performed during the 2016 Bend UGB
and Comprehensive Plan Amendments is satisfactory for the present applications. Furthermore, the Hearings
Officer finds the applicants' proposal to apply the UAR/UA comprehensive plan designations is appropriate
because the change in designation allows for the equivalent residential uses and housing density.
IV. CONCLUSION
The Hearings Officer recommends that the proposed zone change and plan amendment be approved subject to
the following condition of approval:
CONDITION OF APPROVAL: The applicant shall comply with DCC 19.116.030 by recording a signed copy of this
approved amendment, including the legal description of the lands rezoned hereunder, with the Deschutes County
Clerk. Such document shall be in a form reasonably acceptable to the Planning Director.
The applicants submitted concurrent applications with the City of Bend (file nos. PZ -18-1006 and PZ -18-1007). The
Hearings Officer reviewed the applications in front of the City concurrently with the applications in front of the
County. The City applications inform the County applications and vice -versa. For the record, the Hearings Officer
also recommended that the City's related applications be approved.
DESCHUTES COUNTY HEARINGS OFFICER:
Dated this 7th day of March, 2019.
Will Van Vactor, Hearings Officer
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