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2020-91-Ordinance No. 2020-003 Recorded 3/4/2020REVIEWED Y LEGAL COUNSEL Recorded in Deschutes County Nancy Blankenship, County Clerk Commissioners' Journal ��VTES,CC)G Qom,; ..; ., '•.2� 2020-91 CJ2020-91 03/04/2020 3:38:51 PM For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 23, the Deschutes County Comprehensive Plan, * ORDINANCE NO. 2020-003 to add an Exception to Statewide Planning Goal 11 (Public Facilities and Services) to allow Sewer on Rural Lands to Serve the City of Bend Outback Water Facility. WHEREAS, the City of Bend applied for an amendment (247-19-000628-PA) to the Deschutes County Comprehensive Plan to provide reasons for a Goal 11 Exception to allow sewer on rural lands outside the City of Bend Urban Growth Boundary (UGB) to serve the City of Bend Outback Water Facility; and WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on November 12, 2019, before the Deschutes County Hearings Officer and, on December 10, 2019, the Hearings Officer recommended approval of the comprehensive plan amendment; and WHEREAS, after notice was given in accordance with applicable law, a de novo public hearing was held on February 5, 2020, 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. Deschutes County Comprehensive Plan Section 5.10, Goal Exception Statements, is amended to read as described in Exhibit "B" attached and incorporated by reference herein, with new language underlined. Section 3. AMENDMENT. Deschutes County Comprehensive Plan Section 5.12, Legislative History, is amended to read as described in Exhibit "C" attached and incorporated by reference herein, with new language underlined. Section 4. FINDINGS. The Board adopts as its findings in support of this Ordinance, the Decision of the Hearings Officer as set forth in Exhibit "D", and incorporated by reference herein. PAGE 1 OF 2 - ORDINANCE NO.2020-003 Dated this _�_ of 2020 ATTES S�L ecording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON 4 '- ..E PATTI ADAIR, Chair ANTHO DEBONE, Vice Chaik d PHILIP G. HE ERSON Date of 1st Reading: day ofW1 04 V,2020. Date of 2"d Reading: day of raa-r , 2020. Record of Adoption Vote: Commissioner Yes No Abstained Excused Patti Adair Anthony DeBone Philip G. Henderson Effective date: day of 20. PAGE 2 OF 2 - ORDINANCE NO.2020-003 Chapter 23.01 COMPREHENSIVE PLAN Chapter 23.01 COMPREHENSIVE PLAN 23.01.010. Introduction. A. The Deschutes County Comprehensive Plan, adopted by the Board in Ordinance 2011-003 and found on the Deschutes County Community Development Department website, is incorporated by reference herein. B. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2011-027, are incorporated by reference herein. C. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-005, are incorporated by reference herein. D. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-012, are incorporated by reference herein. E. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-016, are incorporated by reference herein. F. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-002, are incorporated by reference herein. G. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-009, are incorporated by reference herein. H. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-012, are incorporated by reference herein. I. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-007, are incorporated by reference herein. J. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-005, are incorporated by reference herein. K. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-006, are incorporated by reference herein. L. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-012, are incorporated by reference herein. M. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-021, are incorporated by reference herein. N. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-027, are incorporated by reference herein. O. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-021, are incorporated by reference herein. P. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-029, are incorporated by reference herein. Q. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-018, are incorporated by reference herein. R. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-010, are incorporated by reference herein. S. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-001, are incorporated by reference herein. Page 1 of 3 — EXHIBIT A TO ORDINANCE NO. 2020-003 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. 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. II. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-006, are incorporated by reference herein. JJ. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-016, are incorporated by reference herein. KK. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-019, are incorporated by reference herein. LL. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-001, are incorporated by reference herein. MM. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-002, are incorporated by reference herein. NN The Deschutes County Comprehensive Plan amendments adopted by the Board in Ordinance 2020-003 are incorporated by reference herein. (Ord. 2020-003 �1, 2020; Ord. 2020-002 §1, 2020; Ord. 2019-019 §2, 2019; Ord. 2019-018 §26, 2019; Ord. 2019-016 §3, 2019; Ord. 2019-006 § 1, 2019; 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 Page 2 of 3 - EXHIBIT A TO ORDINANCE NO. 2020-003 §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 3 of 3 — EXHIBIT A TO ORDINANCE NO. 2020-003 SectWVL 5.10 CiOaL C-)(ceptLOw StateMeWts Background The purpose of this section is to identify the lands where Deschutes County demonstrated an exception to meeting the requirements of the Statewide Planning Goals. The intent of goal exceptions is to allow some flexibility in rural areas under strictly defined circumstances. Goal exceptions are defined and regulated by Statewide Planning Goal 2 and Oregon Administrative Rule 660-004 (excerpt below). 660-004-0000(2) An exception is a decision to exclude certain land from the requirements of one or more applicable statewide goals in accordance with the process specified in Goal 2, Part II, Exceptions. The documentation for an exception must be set forth in a local government's comprehensive plan. Such documentation must support a conclusion that the standards for an exception have been met. Statewide Planning Goals with Deschutes County Exceptions ■ Goal 3 Agricultural Lands ■ Goal 4 Forest Lands ■ Goal I I Public Facilities and Services ■ Goal 14 Urbanization Three types of exceptions are permitted by Oregon Administrative Rule 660-004 ■ Irrevocably committed ■ Physically developed ■ Reasons The summary below identifies approved goal exceptions and identifies the adopting ordinance for those interested in further information. The ordinances listed are incorporated by reference into this Plan. 1979 Exceptions Comprehensive Plan entire County — PL 20 - 1979 During the preparation of the 1979 Comprehensive Plan it was apparent that many rural lands had already received substantial development and were committed to non -resource uses. Areas were examined and identified where Goal 3 and 4 exceptions were taken. At this time exceptions to Goals I I and 14 were not required. The total area excepted was 41,556 acres. These lands were residentially developed, committed to development or needed for rural service centers. Additional Exceptions Bend Municipal Airport — Ordinances 80-203, 1980 and 80-222, 1980 The Bend Municipal Airport received an exception to Goal 3 to allow for the necessary and expected use of airport property. La Pine UUC Boundary — Ordinance 98-001, 1998 Exceptions to Goals 3, 11 and 14 were taken to allow lands to be included in the La Pine UUC boundary and planned and zoned for commercial use. EXHIBIT B TO ORDINANCE No. 2020-003 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.11 GOAL 5 ADOPTED ORDINANCES Spring River Rural Service Center — Ordinances 90-009, 1990; 90-010, 1990; 96-022, 1996; 96-045„ 1996 A reasons exception was taken to Goal 14 to allow the establishment of the Spring River Rural Service Center on residentially designated lands. Burgess Road and Highway 97 — Ordinance 97-060, 1997 An exception was taken to Goal 4 to allow for road improvements. Rural Industrial Zone — Ordinances 2010-030, 2010; 2009-007, 2009 Two separate ordinances for rural industrial uses. The 2009 exception included an irrevocably committed exception to Goal 3 and a reasons exception to Goal 14 with a Limited Use Combining Zone for storage, crushing, processing, sale and distribution of minerals. The 2010 exception took a reasons exception to Goal 14 with a Limited Use Combing Zone for storage, crushing, processing, sale and distribution of minerals. Prineville Railway — Ordinance 98-017 An exception was taken to Goal 3 to accommodate the relocation of the Redmond Railway Depot and the use of the site for an historic structure to be utilized in conjunction with the Crooked River Dinner Train operations. Resort Communities — Ordinance 2001-047, 2001 An exception was taken to Goal 4 for Black Butte Ranch and Inn of the 7`h Mountain/Widgi Creek during the designation of those communities as Resort Communities under OAR 660- 22. Barclay Meadows Business Park — Ordinance 2003-1 I, 2003 A reasons exception was taken to Goal 3 to include certain property within the Sisters Urban Growth Boundary. Sisters School District # 6 — Ordinance 2003-1 1, 2003 A reasons exception was taken to Goal 3 to include certain property within the Sisters Urban Growth Boundary. Sisters Organization of Activities and Recreation and Sisters School District #6 — Ordinance 2003-017, 2003 A reasons exception was taken to Goal 4 to include certain property within the Sisters Urban Growth Boundary. Oregon Water Wonderland Unit 2 Sewer District — Ordinances 2010-015, 2010, 2003-015, 2003 A reasons exception was taken to Goals 4 and I I to allow uses approved by the Board of County Commissioners in PA-02-5 and ZC-02-3 as amended by PA-09-4. City of Bend Urban Growth Boundary Amendment Quniper Ridge) — Ordinance 97-060. 1997 An exception was taken to Goal 3 to allow an amendment of the Bend Urban Growth Boundary to incorporate 513 acres for industrial uses. Joyce Coats Revocable Trust Johnson Road and Tumalo Reservoir Road Properties — Ordinance 2005- 015, 2005 An irrevocably committed exception was taken to Goal 3 to allow a change of comprehensive plan designation from Surface Mining to Rural Residential Exception Area and zoning from Surface Mining to Multiple Use Agriculture for Surface Mine Sites 306 and 307. EXHIBIT B TO ORDINANCE NO. 2020-003 DESCHUTES COUNTY COMPREHENSIVE PLAN -2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12LEGISLATIVE HISTORY Watson/Generation Development inc — Ordinance 2005-0I S An exception was taken to Goal 3 to include a portion of agricultural property. Oregon Department of Transportation — Ordinance 2005-019, 2005 An exception was taken to Goal 3 to include a portion of agricultural property. Conklin/Eady Property — Ordinance 2005-035, 200S An exception was taken to Goal 3 to include a portion of agricultural property. City of Sisters Property — Ordinance 2005-03 7, 2005 An exception was taken to Goal 4 to include a portion of forest property. McKenzie Meadows Property — Ordinance 200S-039, 2005 An exception was taken to Goal 4 to include a portion of forest property. Bend Metro Park and Recreation District Properties — Ordinance 2006-025 A reasons exception was taken to Goal 3 to include a portion of agricultural property. Harris and Nancy Kimble Property and Portion of CLR, Inc Property A.K.A. the Klippel Pit Property — Ordinance 2008-001, 2008 An irrevocably committed exception was taken to Goal 3 to allow reclassification and zoning from Surface Mine to Rural Residential Exception Area and Rural Residential 10 acre for Surface Mine Site 294. Sunriver Service District, Sunriver Fire Department — Ordinance 2014-02 I, 2014 A reasons exception was taken to Goal 4 to include a portion of forest property. To ensure that the uses in the Sunriver Utility District Zone on the approximate 4.28 acre site of Tax Lot 102 on Deschutes County Assessor's Map 19-1 1-00 are limited in nature and scope to those justifying the exception to Goal 4 for the site, the Sunriver Forest (SUF) zoning on the subject site shall be subject to a Limited Use Combining Zone, which will limit the uses on the subject site to a fire training facility and access road for the Sunriver Service District and Sunriver Fire Department. Frances Ramsey Trust Property — Ordinance 2014-027, 2014 An "irrevocably committed" exception was taken to Goal 14 to allow for reclassification and rezoning from agricultural property to Rural Industrial for a 2.65 acre portion of a parcel zoned EFU/RI. Westside Transect Zone — Ordinances 2019 — 001, 2019 Reasons exceptions to Goals 3, 4, and 14 were taken to allow the application of the Westside Transect Zone to 717 acres of land on the west side of Bend between the urban area and the park and public lands to the west for the development of stewardship communities where low density residential communities are developed and managed to protect wildlife habitat and establish wildfire mitigation and prevention strategies. City of Bend Outback Water Facility Sewer — Ordinance 2020-003, 2020 Reasons exception to Goal I I was taken to allow use of an existing process water line to transport both process water and sewage on rural lands outside of the City of Bend Urban Growth Boundary (UGB). The sewage transported is produced exclusively at the Bend Outback Water Facility. EXHIBIT B TO ORDINANCE No. 2020-003 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION S. I I GOAL 5 ADOPTED ORDINANCES Sect�ow 57.22 (...eg'LsLAtWe History 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 201 1-003 8-10-1 1/ 1 1-9-1 1 Community Plans, Comprehensive Plan update Deschutes Junction, Destination Resorts and ordinances adopted in 2011 2.5, 2.6, 3.4, 3.10, 3.5, Housekeeping amendments to 201 1-027 10-31-1 1 / 1 1-9-1 1 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/ 1 1-19-12 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 Housekeeping amendments to 2012-016 12-3-12/3-4-13 3.9 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 1 EXHIBIT C TO ORDINANCE No. 2020-003 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 23.01.010 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 2014-012 4-2-14/7-1-14 3.10, 3.1 1 Housekeeping amendments to Title 23. Comprehensive Plan Map Amendment, changing designation of certain 2014-021 8-27-14/ 1 1-25-14 23.01.010, 5.10 property from Sunriver Urban Unincorporated Community Forest to Sunriver Urban Unincorporated Community Utility Comprehensive Plan Map Amendment, changing designation of certain 2014-021 8-27-14/ 1 1-25-14 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 1 1-9-15/2-22-16 23.01.010 designation of certain property from Agriculture to Surface Mining. Comprehensive Plan Map Amendment, changing 2015-029 1 1-23-15/ 1 1-30-15 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. EXHIBIT C TO ORDINANCE NO.2020-003 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 I I to allow sewers in unincorporated lands in Southern Deschutes County Comprehensive Plan Amendment recognizing non- 2016-005 1 1-28-16/2-16-17 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/ 1 1-14-16 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 EXHIBIT C TO ORDINANCE No. 2020-003 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/ 1 1-20-18 23.01.010, 5.8, 5.9 and Aggregate Inventory; modifying Goal 5 Inventory of Cultural and Historic Resources Comprehensive Plan Map Amendment, changing 2018-01 1 9-12-18/ 12-1 1-18 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. EXHIBIT C TO ORDINANCE NO.2020-003 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 2019-01 1 05-01-19/05-16/ 19 23.01.010, 4.2 refinement of the West Area Master Plan Area I boundary. The ordinance also amends the Comprehensive Plan designation of Urban Area Reserve for those lands leaving the UGB. Comprehensive Plan Map Amendment, changing 2019-006 03-13-19/06-1 1-19 23.01.010, designation of certain property from Agriculture to Rural Residential Exception Area Comprehensive Plan and Text amendments incorporating language from DLCD's 2014 2019-016 1 1-25-19/02-24-20 23.01.01, 2.5 Model Flood Ordinance and Establishing a purpose statement for the Flood Plain Zone. EXHIBIT C TO ORDINANCE No. 2020-003 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY Comprehensive Plan and Text amendments to provide procedures related to the 2019-019 12-1 1-19/ 12-1 1-19 23.01.01, 2.5 division of certain split zoned properties containing Flood Plain zoning and involving a former or piped irrigation canal. Comprehensive Plan and Text amendments relating to 2020-001 1-8-20/4-20-20 23.01.01, 2.6, 3.5, 5.2 Religious Institutions to ensure compliance with RLUIPA. Comprehensive Plan Map Amendment to adjust the Redmond Urban Growth Boundary through an equal exchange of land to/from the Redmond UGB. The exchange property is being offered to better achieve land needs that 2020-002 2-26-20/5-26-20 23.01.01, 4.2, 5.2 were detailed in the 2012 SB 1544 by providing more development ready land within the Redmond UGB. The ordinance also amends the Comprehensive Plan designation of Urban Area Reserve for those lands leaving the UGB. Comprehensive Plan Amendment with exception to Statewide Planning Goal 11 (Public Facilities and Services) 2020-003 02-26-20/05-26-20 23.01.01, 5.10 to allow sewer on rural lands to serve the City of Bend Outback Water Facility. EXHIBIT C TO ORDINANCE NO.2020-003 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY Mailing Date: Tuesday, December 10, 2019 HEARINGS OFFICER DECISION FILE NUMBER: 247-19-000628-PA SUBJECT: Comprehensive Plan Amendment with Exception to Goal 11, Public Facilities and Services, to allow use of an existing process water line to transport both process water and sewage outside of the City of Bend Urban Growth Boundary (UGB). APPLICANT/ City of Bend OWNER: Paul Rheault PO Box 97709 Bend, OR 97709 PUBLIC HEARING DATE: November 12, 2019, 6:00 p.m. STAFF CONTACT: Matthew Martin, Associate Planner HEARINGS BODY: Hearings Officer Gregory Frank 1. HEARINGS OFFICER'S FINDINGS: A public hearing was held on November 12, 2019 (the "Hearing") in the Barnes and Sawyer Room (Deschutes Services Center - 1300 NW Wall Street, Bend, Oregon 97703). Matthew Martin ("Martin"), Associate Planner for Deschutes County (the "County"), appeared at the Hearing and testified on behalf of the County. Mr. Paul Rheault ("Rheault"), Utility Director, appeared at the Hearing and testified on behalf of Applicant City of Bend ("Applicant"). Ian Leitheiser ("Leitheiser"), Attorney in Applicant's City Attorney's Office, appeared at the Hearing and testified on behalf of Applicant. No additional persons appeared at the Hearing to testify or submit written evidence in the record. Martin, in addition to his Hearing testimony, submitted into the record a Staff Report (the "Staff Report"). The Staff Report was provided to Applicant and available to other persons interested in this matter. Martin noted that the Staff Report, in the findings for ORS 197.732(2)(c)(D) [page 18], stated the following: "The use in this matter is allowing a sewer line outside of an UGB to serve the existing water facility on the subject property. The adjacent properties are currently undeveloped, forested open space. Given that there is new development associated with this exception, the use is compatible with other adjacent uses and there will be no additional adverse impacts." EXHIBIT D TO ORDINANCE NO. 2020-003 Martin testified, at the Hearing, that the above -quoted section contained a scrivener's error. Martin stated that there is no new development being proposed in this application. Martin requested that the Hearings Officer correct the scrivener's error to reflect no new development is being proposed. Leitheiser agreed with Martin's characterization of the findings for ORS 197.732(2)(c)(D) and requested that the findings reflect no new development is being proposed. The Hearings Officer, at the Hearing, proposed that he adopt the Staff Report as his decision subject only to the correction of the scriveners error. Martin, on behalf of the County, and Leitheiser, on behalf of Applicant, agreed with the Hearings Officer's proposal to adopt the Staff Report as the Hearings Officer's decision subject only to the correction of the scrivener's error. 11. DECISION: It is the decision of the Hearings Officer to adopt and incorporate into this decision the facts, findings, and conclusions set forth in the attached Staff Report subject to correcting a scrivener's error in the findings for ORS 197.732(2)(c)(D). The findings for ORS 197.732(2)(c)(D) are modified to read as follows: "The use in this matter is allowing a sewer line outside of an UGB to serve the existing water facility on the subject property. The adjacent properties are currently undeveloped, forested open space. Given that there is no new development associated with this exception, the use is compatible with other adjacent uses and there will be no additional adverse impacts." ill. APPROVAL: Applicant's request for a Comprehensive Plan Amendment with Exception to Goal 11, Public Facilities and Services, to allow use of an existing process water line to transport both process water and sewage outside of the City of Bend Urban Growth Boundary. This decision becomes final twelve (12) days after the date of mailing, unless appealed by a party of interest. Y4,4r7�, 2 lola Gregory) Fran Hearings Officer Attachment: 247-19-000628-PA Staff Report Dated this 10`" day of December, 2019 Mailed on the 10t`1 day of December, 2019 247-19-000628-PA Page 2 of 2 FILE NUMBER: HEARING: APPLICANT/OWNER: STAFF REPORT 247-19-000628-PA November 12, 2019, 6:00 p.m. Barnes & Sawyer Rooms Deschutes Services Center 1300 NW Wall Street Bend, OR 97708 City of Bend Paul Rheault PO Box 97709 Bend, OR 97709 PROPOSAL: Comprehensive Plan Amendment with Exception to Goal 11, Public Facilities and Services, to allow use of an existing process water line to transport both process water and sewage outside of the City of Bend Urban Growth Boundary (UGB). STAFF REVIEWER: Matthew Martin, Associate Planner Email: Matt.martin@deschutes.org; Telephone: 541-330-4620 I. APPLICABLE STANDARDS AND CRITERIA: Deschutes County Code Title 22, Procedures Ordinance Deschutes County Code Title 23 Comprehensive Plan Chapter 1, Comprehensive Planning Chapter 2, Resource Management Oregon Administrative Rules (OAR), Chapter 660 Division 4, Interpretation of Goal 2 Exceptions Process Division 11, Public Facilities Planning Division 15, Statewide Planning Goals and Guidelines Oregon Revised Statutes (ORS) 11 i AW 1-ai�1yeUe Aw^r,w , Bend, Oregon 9/ /03 1 11.0. 13ox 6005, Bend, OR ` 7/0R-fi005 {!541) 3�8 (>>7 ez1��u7dcs<:hures .��r� wtin+w ��c s:`tlt7teS.t)r�/card ORS 197.732, Goal Exceptions II. FINDINGS OF FACT: A. LOCATION: The subject property has an assigned address of 18600 Skyliners Road, Bend, and is identified on Deschutes County Assessor's Map 17-11-34 as Tax Lot 800. B. LOT OF RECORD: The subject property is a legal lot of record as was previously found in the findings and decision for file nos. SP-02-58 and LM-02-283 C. PROPOSAL: The applicant is proposing to amend the Deschutes County Comprehensive Plan Amendment with Exception to Goal 11, Public Facilities and Services, to allow use of an existing process water line to transport both process water and sewage outside of the City of Bend Urban Growth Boundary (UGB). D. ZONING AND PLAN DESIGNATIONS: The subject property is zoned Rural Residential (RR- 10), Landscape Management Combining (LM), and Wildlife Area Combining (WA). The comprehensive plan designation is Rural Residential Exception Area. E. SITE DESCRIPTION: The subject property is approximately 10.5 acres in size and irregular shaped. The property is currently developed as the City of Bend water reservoir facility. Facilities on the property include water storage reservoirs, a chlorine contact reservoir, a wireless telecommunications facility, drinking water wells that supply water to the City of Bend, exterior lighting, and miscellaneous accessory structures used for operating and 247-19-000628-PA Page 2 of 19 maintaining the utility facility. The development includes a structure that contains a restrooms, drinking fountains and floor drains. The sewage wastewater produced is currently stored on -site in a holding tank and periodically trucked off -site and disposed of into the City's sewer system within the UGB. A process water line currently connects the water treatment plant to the sewer system and is used to transport process water (not sewage) for disposal. That line could be used to transport both the process water and sewage. The proposed plan amendment would permit the use of this process line to only provide wastewater disposal for the existing restrooms, drinking fountains, and floor drains. F. SURROUNDING LAND USES: The property is surrounded on all sides by undeveloped forested land. The properties to the north, west, and east are zoned Rural Residential (RR- 10) and publically owned by the Bend Metro Park and Recreation District. The property to the south is zoned Forest Use (F-2) and publically owned by the federal government. G. SOILS: According to Natural Resources Conservation Service (NRCS) maps of the area, the subject property contains three different soil types, as described below. 156C Wanoga-Fremkle-Henkle 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 Henkle soils and similar inclusion; 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 Henkle soils are somewhat excessively drained, with a moderately rapid permeability and available water capacity of about 2 inches. The agricultural capability rating for the Wanoga and Fremkle soils is 6e with or without irrigation. The agricultural capability rating for the Henkle soils is 7e with or without irrigation. Section 18.04.030 of the DCC does not consider this soil type high -value farmland when irrigated. The entire property is composed of this soil type. 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 November 1, 2019, indicating the applicant posted notice of the land use action on the property on October 31, 2019. On October 24, 2019, the Planning Division mailed a Notice of Public Hearing to all property owners within 250 feet of the subject property. A Notice of Public Hearing was published in the Bend Bulletin on October 22, 2019. Notice of the first evidentiary hearing was submitted to the Department of Land Conservation and Development on October 8, 2019. 1. PUBLIC COMMENTS: No written comments have been received at the time of this staff report. J. AGENCY COMMENTS: No comments were received at the time this staff report was finalized. 247-19-000628-PA Page 3 of 19 K. REVIEW PERIOD: The application was submitted on August 13, 2019. The application was deemed complete on September 12, 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. L. BACKGROUND: The City of Bend owns and operates a water treatment plant, water reservoirs, water wells and related facilities on the subject property. The Outback water facility site is outside of the Urban Growth Boundary (UGB) of the City of Bend. As previously noted, the site contains restrooms, drinking fountains and floor drains. Currently the sewage is stored on -site in a holding tank and periodically trucked off -site and disposed of into the City's sewer system within the UGB. The City has been advised by the Oregon Health Authority (OHA) that the sewage holding tank is located too close to a drinking water well. Although the City of Bend has obtained a waiver for its location, OHA strongly recommends that the City seek an alternative to the holding tank, preferably disposal of the sewage waste through a line connecting to the City's sewer system. The applicant is applying for this plan amendment with exception to Goal 11, Public Facilities and Service, to allow the line to be used as a sewage line outside an UGB. 111. CONCLUSIONS OF LAW TITLE 23 OF THE DESCHUTES COUNTY CODE (COMPREHENSIVE PLAN) Chapter 1, Comprehensive Plann ft Section 1.2 Community Involvement Policies Goal and Policies Goal 1. Maintain an active and open community involvement program that is accessible to all members of the community and engages the community during development and implementation of land use policies and codes. FINDING: The proposed comprehensive plan amendment complies with the actions required by the Deschutes County Code, including a public hearing before the Deschutes County Hearings Officer and notice of the hearing published in a newspaper (the Bend Bulletin) at least twenty days in advance. Public agencies and neighboring property owners were mailed notice of the public hearing. 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. Section 1.3. Land Use Planning 247-19-000628-PA Page 4 of 19 Goal 9. Maintain an open and public land use process in which decisions are based on the objective evaluation of facts. FINDING: The applicant has requested a comprehensive plan amendment with a goal exception to allow a sewer line outside of an UGB. Staff will 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. Chapter 2 Resource Management Section 2.4, Goal 5 Overview Policies Goal 9. Protect Goal S resources FINDING: The submitted application materials address the various protected Goal 5 resources as follows: • Wildlife_ Habitat: The site is located within the Tumalo Deer Winter Range, a Goal 5 wildlife habitat resource. The proposed removal of the holding tank and use of an existing line for disposing of wastewater will not impact this resource or its use. • Scenic Areas: The subject property is located more than one quarter mile of Tumalo Creek. A portion of the subject property is located within one quarter mile of Century Drive. The creek and Century Drive are protected with a Landscape Management Combining Zone. The proposal will not impact either of these resources. • Historic Areas: There are no historic resources identified on the site or on adjoining properties. • Open Space: There are no Open Space resources that were identified. • Surface Mines: There are no Goal 5 aggregate resources within one-half mile of the Outback site zoned Surface Mining (SM). The subject property is not located within a Surface Mining Impact Area (SMIA). Section 2.5, Water Resources Policies Goal S. Protect and improve water quality in the Deschutes River Basin. FINDING: The applicant has been advised by the Oregon Health Authority (OHA) that the sewage holding tank is located too close to a drinking water well. Although the applicant has obtained a waiver for its location, OHA strongly recommends that the applicant seek an alternative to the holding tank, preferably disposal of the sewage waste through a line connecting to the City's sewer system. The abandonment of the holding tank will eliminate the potential for associated negative impact of the ground water well resources on the property. Goal 6. Coordinate land use and water policies. 247-19-000628-PA Page 5 of 19 FINDING: Notice of the proposed plan amendment was sent to the Oregon Department of Land Conservation and Development (DLCD), Oregon Department of Environment Quality (DEQ), Oregon Health Authority (OHA), the Deschutes County Environmental Soils Division, the Deschutes County Environmental Health Division, and others. No adverse comments have been received at the time of this staff report. Section 2.8 Energy Policies Goal 1. Promote energy conservation. FINDING: The applicant provides responses pertaining to this goals in their response to Statewide Planning Goal 6, Air, Water, and Land Resources Quality, below. Section 2.9 Environmental Quality Goal 1. Maintain and improve the quality of the air, water and land. FINDING: The applicant provides responses pertaining to this goals in their response to Statewide Planning Goal 6, Air, Water, and Land Resources Quality, below. OREGON ADMINISTRATIVE RULES (OAR) CHAPTER 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT OAR 660, Division 4, INTERPRETATION OF GOAL 2 EXCEPTION PROCESS OAR 660-004-0000 Purpose (1) The purpose of this division is to interpret the requirements of Goal 2 and ORS 197.732 regarding exceptions. This division explains the three types of exceptions set forth in Goal 2 "Land Use Planning, Part 11, Exceptions." Rules in other divisions of OAR 660 provide substantive standards for some specific types of goal exceptions. Where this is the case, the specific substantive standards in the other divisions control over the more general standards of this division. However, the definitions, notice, and planning and zoning requirements of this division apply to all types of exceptions. The types of exceptions that are subject to specific standards in other divisions are. (a) Standards for a demonstration of reasons for sanitary sewer service to rural lands are provided in OAR 660-011-0060(9), (b) Standards for a demonstration of reasons for urban transportation improvements on rural land are provided in OAR 660-012-0070; (c) Standards to determine irrevocably committed exceptions pertaining to urban development an rural land are provided in OAR 660-014-0030, and standards for demonstration of reasons for urban development on rural land are provided in OAR 660- 014-0040. FINDING: The submitted application addresses compliance with OAR 660-011-0060(9) as well as OAR Chapter 660 Division 4, in compliance with this section. 247-19-000628-PA Page 6 of 19 OAR 660-004-0010, Application of the Goal Exception Process to Certain Goals (1) The exceptions process is not applicable to Statewide Goal 1 "Citizen involvement" and Goal 2 "Land Use Planning." The exceptions process is generally applicable to all or part of those statewidegoals that prescribe or restrict certain uses of resource land, restrict urban uses on rural land, or limit the provision of certain public facilities and services. These statewide goals include but are not limited to; (c) Goal 11 "Public Facilities and Services" as provided in OAR 660-011-0060(9), FINDING: The proposed plan amendment includes an exception to Goal 11. Therefore, the criteria applied are those provided in OAR 660-011-0060(9) and are addressed below. OAR 660-004-0020, Goal 2, Part 11(c), Exception Requirements (1) if a jurisdiction determines there are reasons consistent with OAR 660-004-0022 to use resource lands for uses not allowed by the applicable Goal or to allow public facilities or services not allowed by the applicable Goal, the justification shall be set forth in the comprehensive plan as an exception. As provided in OAR 660-004-0000(1), rules in other divisions may also apply. FINDING: The City is requesting an exception to Goal 11 to allow a sewer line outside of a UGB to serve only the public water facility. As part of this process upon any approval, the justification for this exception will be set forth in the comprehensive plan. (2) The four standards in Goal 2 Part 11(c) required to be addressed when taking an exception to a goal are described in subsections (a) through (d) of this section, including general requirements applicable to each of the factors: (a) "Reasons justify why the state policy embodied in the applicable goals should not apply." The exception shall set forth the facts and assumptions used as the basis for determining that a state policy embodied in a goal should not apply to specific properties or situations, including the amount of land for the use being planned and why the use requires a location on resource land; FINDING: The applicant's burden of proof states: The policy embodied in the prohibition in Goal 11's prohibition on extending sewer lines outside the UGB is the policy to not allow urban development on rural lands. That policy does not apply in this situation because there will be no change in the use of the Outback site or of any surrounding property. The Outback site currently is developed with a water treatment system, wells, reservoirs, and related facilities. It has restrooms for employee use. With or without the exception, it will have the same facilities and restrooms. The exception will not allow any new use of the Outback site and will not in anyway affect any adjacent or nearby property. There wilt be no urban type or urban level development of the Outback site or any other property. There is no 247-19-000628-PA Page 7 of 19 other possible location for a sewer line from the Outback site to the UGB that would not have significantly greater impact resulting from the need to install a new line rather than adding sewer to an existing line. The requested exception complies with this section. Staff concurs with this conclusion. (b) "Areas that do not require a new exception cannot reasonably accommodate the use". The exception must meet the following requirements. (A) The exception shall indicate on a map or otherwise describe the location of possible alternative areas considered for the use that do not require a new exception. The area for which the exception is taken shall be identified, FINDING: A site plan of the existing facility and the line proposed to be used to transport sewage are included with the application. The site plan shows the extent of existing development and why other areas could not be used for onsite sewer disposal. All possible sewer line routes between the subject property and the UGB involve extending a sewage line outside the UGB. (B) To show why the particular site is justified, it is necessary to discuss why other areas that do not require a new exception cannot reasonably accommodate the proposed use. Economic factors may be considered along with other relevant factors in determining that the use cannot reasonably be accommodated in other areas. Under this test the following questions shall be addressed. (i) Can the proposed use be reasonably accommodated on nonresource land that would not require an exception, including increasing the density of uses on nonresource land? If not, why not? FINDING: The subject property is zone RR-10 and the areas between the subject property and the UGB are zoned either RR-10 or Urban Area Reserve (UAR-10). All of these zones are rural residential exception, nonresource zones. (ii) Can the proposed use be reasonably accommodated on resource land that is already irrevocably committed to nonresource uses not allowed by the applicable Goal, including resource land in existing unincorporated communities, or by increasing the density of uses on committed lands? if not, why not? FINDING: The subject property is zone RR-10 and the areas between the subject property and the UGB are zoned either RR-10 or UAR-10. There is no resource land in the impacted area. (iii) Can the proposed use be reasonably accommodated inside an urban growth boundary? If not, why not? FINDING: The water facility is outside and a distance from the UGB. Therefore, the sewer line cannot be within the UGB. Given the need to at some point decommission the waste storage tank 247-19-000628-PA Page 8 of 19 and the infeasibility of constructing an on -site septic system on a site that has so many municipal water wells, the proposed use of the line for sewage is necessary to accommodate the existing use. (iv) Can the proposed use be reasonably accommodated without the provision of a proposed public facility or service? If not, why not? FINDING: The proposed amendment is directly related to the public water facility on the subject property. The applicant is requesting to use the existing process water line to also transport sewage for the public water facility. (C) The "alternative areas" standard in paragraph B may be met by a broad review of similar types of areas rather than a review of specific alternative sites. initially, a local government adopting an exception need assess only whether those similar types of areas in the vicinity could not reasonably accommodate the proposed use. Site specific comparisons are not required of a local government taking an exception unless another party to the local proceeding describes specific sites that can more reasonably accommodate the proposed use. A detailed evaluation of specific alternative sites is thus not required unless such sites are specifically described, with facts to support the assertion that the sites are more reasonable, by another party during the local exceptions proceeding. FINDING: The specific nature of the proposed exception and the factual circumstances limit the alternative areas analysis to an analysis of whether there is an alternative routing for the line. While a separate sewer line could be constructed, that line would necessarily go through areas that would also require an exception. In addition, construction of an alternative line would have greater negative impacts than using the existing process water line. Analysis of onsite alternatives is also necessary. The water facility site contains several municipal drinking water wells. The number of wells and the extent of development of the site do not allow alternative locations for either a holding tank to comply with the minimum of 50-foot separation from a well or for a septic field to comply with the 100-foot separation from a well as required in Table 1 of OAR 340-071-0220. Therefore, an on -site septic holding tank or drain field are not realistic alternatives for disposal of the sewage generated at facility. (c) `The long-term environmental, economic, social and energy consequences resulting from the use at the proposed site with measures designed to reduce adverse impacts are not significantly more adverse than would typically result from the same proposal being located in areas requiring a goal exception other than the proposed site." The exception shall describe: the characteristics of each alternative area considered by the jurisdiction in which an exception might be taken, the typical advantages and disadvantages of using the area for a use not allowed by the Goal, and the typical positive and negative consequences resulting from the use at the proposed site with measures designed to reduce adverse impacts. A detailed evaluation of specific alternative sites is not required unless such sites are specifically described with facts to support the assertion that the sites have significantly fewer adverse impacts during 247-19-000628-PA Page 9 of 19 the local exceptions proceeding. The exception shall include the reasons why the consequences of the use at the chosen site are not significantly more adverse than would typically result from the same proposal being located in areas requiring a goal exception other than the proposed site. Such reasons shall include but are not limited to a description of.the facts used to determine which resource land is least productive, the ability to sustain resource uses near the proposed use, and the long-term economic impact on the general area caused by irreversible removal of the land from the resource base. Other possible impacts to be addressed include the effects of the proposed use on the water table, on the costs of improving roads and on the costs to special service districts, FINDING: The long-term environmental, economic, social and energy consequences of allowing the sewer line extension are all positive rather than negative. The extension of the sewer line will not allow or support any new urban development outside the site. The re-routed sewer line will allow for the removal of a sewage holding tank, and provide wastewater disposal for the existing facility. There are no long-term negative environmental consequences of connecting the sinks, drains, water fountains, and toilets to an existing line, the environmental impacts are beneficial. The replacement of truck trips that use fuel and have emissions with non-polluting gravity flow through an existing pipe. Truck trips past nearby property will be eliminated. There will be no negative economic impacts. The use of the line will not in any way affect any adjacent or nearby uses economically or otherwise. The use of the line will result in more economic operation of the site because the costs of trucking will be avoided. The line operates by gravity, so there are no pumping costs. There are no social impacts of the use of the line. (d) "The proposed uses are compatible with other adjacent uses or will be so rendered through measures designed to reduce adverse impacts." The exception shall describe how the proposed use will be rendered compatible with adjacent land uses. The exception shall demonstrate that the proposed use is situated in such a manner as to be compatible with surrounding natural resources and resource management or production practices. "Compatible" is not intended as an absolute term meaning no interference or adverse impacts of any type with adjacent uses. FINDING: The use in this matter is allowing a sewer line outside of an UGB to serve the existing water facility on the subject property. The adjacent properties are currently undeveloped, forested open space. Surrounding natural resources include forest lands, scenic areas, and wildlife habitat. Given that there is no new development associated with this exception, the use is compatible with other adjacent uses and there will be no additional adverse impacts. (3) if the exception involves more than one area for which the reasons and circumstances are the same, the areas may be considered as a group. Each of the areas shall be identified on a map, or their location otherwise described, and keyed to the appropriate findings. 247-19-000628-PA Page 10 of 19 FINDING: The proposed exception does not involve more than one area. Only the subject property is the subject of this request. 660-004-0022, Reasons Necessary to justify an Exception Under Goal2, Part ll(c) An exception under Goal 2, Part ll(c) may be taken for any use not allowed by the applicable goals) or for a use authorized by a statewide planning goal that cannot comply with the approval standards for that type of use. The types of reasons that may or may not be used to justify certain types of uses not allowed on resource lands are set forth in the following sections of this rule. Reasons that may allow an exception to Goal 11 to provide sewer service to rural lands are described in OAR 660-011-0060. Reasons that may allow transportation facilities and improvements that do not meet the requirements of OAR 660-012-0065 are provided in OAR 660-012-0070. Reasons that rural lands are irrevocably committed to urban levels of development are provided in OAR 660-014-0030. Reasons that may justify the establishment of new urban development on undeveloped rural land are provided in OAR 660- 014-0040. FINDING: As stated in this section, the reasons that may allow an exception to Goal 11 to provide sewer service to rural lands are described in OAR 660-011-0060. The provisions of OAR 660-011- 0060 are addressed below. OAR 660, Division 11, PUBLIC FACILITIES PLANNING 660-011-0060, Sewer Service to Rural Lands (1) As used in this rule, unless the context requires otherwise: (a) "Establishment of a sewer system" means the creation of a new sewage system, including systems provided by public or private entities, (b) "Extension of a Sewer System" means the extension of a pipe, conduit, pipeline, main, or other physical component from or to an existing sewer system in order to provide service to a use, regardless of whether the use is inside the service boundaries of the public or private service provider. The sewer service authorized in section (8) of this rule is not an extension of a sewer; (c) "No practicable alternative to a sewer system" means a determination by the Department of Environmental Quality (DEQ) or the Oregon Health Division, pursuant to criteria in OAR chapter 340, division 71, and other applicable rules and laws, that an existing public health hazard cannot be adequately abated by the repair or maintenance of existing sewer systems or on -site systems or by the installation of new on -site systems as defined in OAR 340-071-0100, (d) "Public health hazard" means a condition whereby it is probable that the public is exposed to disease -caused physical suffering or illness due to the presence of inadequately treated sewage; (e) "Sewage" means the water -carried human, animal, vegetable, or industrial waste from residences, buildings, industrial establishments or other places, together with such ground water infiltration and surface water as may be present, 247-19-000628-PA Page 11 of 19 (t) "Sewer system" means a system that serves more than one lot or parcel, or more than one condominium unit or more than one unit within a planned unit development, and includes pipelines or conduits, pump stations, force mains, and all other structures, devices, appurtenances and facilities used for treating or disposing of sewage or for collecting or conducting sewage to an ultimate point for treatment and disposal. The following are not considered a "sewer system" for purposes of this rule: (A) A system provided solely for the collection, transfer and/or disposal of storm water runoff, (8) A system provided solely for the collection, transfer and/or disposal of animal waste from a farm use as defined in ORS 215.303. FINDING: This section provides definitions rather than substantive criteria, and is included only to provide context for responses to the substantive sections of the rule. (2) Except as provided in sections (3), (4), (8), and (9) of this rule, and consistent with Goal 11, a local government shall not allow. (a) The establishment of new sewer systems outside urban growth boundaries or unincorporated community boundaries; (b) The extension of sewer lines from within urban growth boundaries or unincorporated community boundaries in order to serve uses on land outside those boundaries; (c) The extension of sewer systems that currently serve land outside urban growth boundaries and unincorporated community boundaries in order to serve uses that are outside such boundaries and are not served by the system on july 28, 1998. FINDING: The proposed use of the line for sewer would result in the extension of a sewer line from within the UGB to serve a use outside the UGB, so an exception is being requested. The proposed plan amendment includes an exception to Goal 11 as permitted under Section 9 of the rule. (9) A local government may allow the establishment of new sewer systems or the extension of sewer lines not otherwise provided for in section (4) of this rule, or allow a use to connect to an existing sewer line not otherwise provided for in section (8) of this rule, provided the standards for an exception to Goal 11 have been met, and provided the local government adopts land use regulations that prohibit the sewer system from serving any uses or areas other than those justified in the exception. Appropriate reasons and facts for an exception to Goal 11 include but are not limited to the following. (a) The new system, or extension of an existing system, is necessary to avoid an imminent and significant public health hazard that would otherwise result if the sewer service is not provided; and, there is no practicable alternative to the sewer system in order to avoid the imminent public health hazard, or FINDING: The applicant is requesting an exception to allow use of an existing line to take sewage from the water facility on the subject property outside the UGB to within the UGB. The applicant specifies the sewer line may be used only for the water facility on the subject property. While the rule lists two possible reasons for allowing an exception, the rule allows other reasons to justify the 247-19-000628-PA Page 12 of 19 exception. In this case, there is no imminent public health hazard. These other reasons are discussed below. The water facility site contains several municipal drinking water wells. The number of wells and the extent of development of the site do not allow alternative locations for a holding tank to comply with the minimum of 50-foot separation from a well or for a septic field to comply with the 100-foot separation from a well as required in Table 1 of OAR 340-071-0220. Therefore, an on -site septic holding tank or drain field are not realistic options for disposal of the sewage generated at the water treatment plant. The existing process water line can be used to transport sewage as well as process water with proper construction including the use of appropriate back -flow protection. Because of the limited amount of sewage generated on -site, the process water line has capacity to handle both process water and sewage generated on site. The Oregon Health Authority has indicated that use of the holding tank, while acceptable in the short-term, is not an acceptable long-term option. Given the extent of development of the site and the number and location of drinking water wells on -site, other locations for the holding tank or an alternative septic drain field are not feasible and would have the same well setback problems as the existing location. OAR 660-015, Division 15, Statewide Planning Goals and Guidelines Goal 1, Citizen Involvement. To develop a citizen involvement program that insures the opportunityfor citizens to be involved in all phases of the planning process. FINDING: The proposed comprehensive plan amendment complies with the actions required by the Deschutes County Code, including a public hearing before the Deschutes County Hearings Officer and notice of the hearing published in a newspaper (the Bend Bulletin) at least twenty days in advance. Public agencies and neighboring property owners were mailed notice of the public hearing. 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. Goal 2, Land Use Planning. To establish a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions and actions. FINDING: The applicant is requesting a reasons exception as permitted under OAR 660-004-0020 and previously addressed. Goal 3, Agricultural Lands. To preserve and maintain agricultural lands. FINDING: The proposal does not contain any agricultural lands and therefore this goal is not applicable. 247-19-000628-PA Page 13 of 19 Goal 4, Forest Lands. To conserve forest lands by maintaining the forest land base and to protect the state's forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. FINDING: The proposal does not contain any forest lands and therefore this goal is not applicable. Goal 5, Open Spaces, Scenic and Historic Areas and Natural Resources. To protect natural resources and conserve scenic and historic areas and open spaces. FINDING: The submitted application materials address the various protected Goal 5 resources as described below: • Wildlife Habitat: The site is located within the Tumalo Deer Winter Range, a Goal 5 wildlife habitat resource. The proposed removal of the holding tank and use of an existing line for disposing of wastewater will not impact this resource or its use. • Scenic Areas: The subject property is located more than one quarter mile of Tumalo Creek. A portion of the subject property is located within one quarter mile of Century Drive. The creek and Century Drive are protected with a Landscape Management Combining Zone. The proposal will not impact either of these resources. • Historic Areas: There are no historic resources identified on the site or on adjoining properties. • Open Space: There are no Open Space resources that were identified. • Surface Mines: There are no Goal 5 aggregate resources within one-half mile of the Outback site zoned Surface Mining (SM). The subject property is not located within a Surface Mining Impact Area (SMIA). Given this information provided by the applicant, staff finds the proposal to comply with Goal 5. Goal 6, Air, Water and Land Resources Quality. To maintain and improve the quality of the air, water, and land resources of the state. FINDING: The applicants burden of proof provides the following: The only impact on air, water, or land resources quality if the exception is adopted will be a small positive impact on air quality from the elimination of truck trips to transport the sewage from Outback to the UGB. The proposal will satisfy Goal 6 because the use of an existing line to transport wastewater will protect water quality at the Outback site. There are no additional land resources affected by this proposal outside of the subject property. To the extent Goal 6 is applicable, the proposed exception is consistent with Goal 6. Staff concurs with this assessment that the proposal to comply with Goal 6. 247-19-000628-PA Page 14 of 19 Goal 7, Areas Subject to Natural Disasters and Hazards. To protectpeople and propertyfrom natural hazards. FINDING: The applicant's burden of proof provides the following: The proposal will meet Goal 7 because it will not increase the risk of natural hazards on the site or on the adjoining properties. For this proposed exception, the natural hazard of greatest concern is wildfire. The site itself is not located within an area subject to landslides or within a mapped flood plain, and the County has not identified any other potential natural hazards beyond wildfire. The proposal involves a requested exception to Goal 11 to use an existing process water line to transport wastewater to the City's wastewater treatment facility. The proposed use has no characteristics that will increase the risk of wildfire. Staff concurs with this assessment that the proposal to comply with Goal 7. Goal 8, Recreational Needs. To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. FINDING: The applicant indicates this goal is not applicable because the exception will not create any demand for recreational needs nor prevent the development or use of any recreational facility. The subject property is not used or needed for recreation. Staff also notes that the Deschutes County Comprehensive Plan does not identify existing or planned parks, trails or other recreation areas on the subject property. Given this information provided by the applicant, staff finds the proposal to comply with Goal 8. Goal 9, Economy Development. To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. FINDING: The applicant contends this goal is not applicable because the exception will not have any impact on economic development and will not in any way limit economic development because the property is not used or not used or needed for economic development. With that said, the applicant further noted the existing water service the facility provides and would continue to provide does provide a needed component, water, that is used in economic activities within the City. Staff agrees concurs with these opinions. Goal 10, Housing. To provide for the housing needs of citizens of the state. FINDING: The applicant contends this goal is not applicable because the exception will not create any demand for housing nor prevent the development or use of housing. The subject property and existing facility are not used or needed for housing. Staff agrees. 247-19-000628-PA Page 15 of 19 Goal 11, Public Facilities and Services. To plan and develop a timely, orderly, and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. FINDING: The applicant is seeking an exception to the provision in Goal 11 prohibiting extension of sewer lines outside urban growth boundaries. The extension of the line will not allow residential development outside the UGB because the line will be restricted to providing service to the subject property and existing water facility and will not be available for residential use. Goal 12, Transportation. To provide and encourage a safe, convenient and economic transportation program. FINDING: The applicant contends the proposed plan amendment is consistent with Goal 12 because its only effect on transportation will be to eliminate one periodic truck trip, which increases safety and convenience for other users of the transportation system. Staff agrees. Goal 13, Energy Conservation. To conserve energy. FINDING: The applicant contends the plan amendment is consistent with Goal 13 because it will eliminate a periodic truck trip, which uses energy. Staff agrees. Goal 14, Urbanization. To provide far 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: Goal 14 is not applicable because the plan amendment does not change any use of the property. The property is not being urbanized because no use is changing and the applicant has not proposed urban levels of development that would be served through this exception. The proposed plan amendment would not facilitate or contribute to urbanization. Staff agrees Goals 15 through 19. FINDING: 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. OREGON REVISTED STATUTES (ORS) ORS 197 - COMPREHENSIVE LAND USE PLANNING ORS 197.732 Goal exceptions, criteria, rules, review. (1) As used in this section: (a) "Compatible" is not intended as an absolute term meaning no interference or adverse impacts of any type with adjacent uses. 247-19-000628-PA Page 16 of 19 (b) "Exception" means a comprehensive plan provision, including an amendment to an acknowledged comprehensive plan, that. (A) Is applicable to specific properties or situations and does not establish a planning or zoning policy of general applicability, (B) Does not comply with some or all goal requirements applicable to the subject properties or situations, and (C) Complies with standards under subsection (2) of this section. FINDING: The applicant has requested goal exception applicable only to the City of Bend water facility and its particular circumstances. The requested exception would not establish a planning or zoning policy of general applicability but would be limited to the site. The site is outside the UGB and Goal 11 prohibits extension of sewer lines to serve areas outside the UGB. The exception would authorize the use of an existing line that takes process water from the site to a location within the UGB to also transport sewage. As demonstrated below, the standards of Subsection (2) are met. (2) A local government may adopt an exception to a goal if.• (c) The following standards are met. (A) Reasons justify why the state policy embodied in the applicable goals should not apply, FINDING: The applicant has request a reasons exception as allowed under Subsection (2)(c) based on the following: The state policy embodied in the applicable goal is a policy to not allow urban development on rural lands; the prohibition on sewer extensions outside the UGB is to prevent intensive residential or other development in rural areas. That policy is not applicable in this situation because the sewer line will serve only a public water treatment facility, which is a permitted use in the rural area, it is listed as a permissible use in the RR-10 zone, where the Property is located. In that regard, the state policy goals are not implicated by the proposal because the proposed exception will not contribute in any way to actual or potential urban development at the Outback site or elsewhere outside of the City's UGB. (B) Areas that do not require a new exception cannot reasonably accommodate the use; FINDING: The applicant indicates no other area could reasonably accommodate the "use." The exception is sought to allow an existing line to serve an existing, lawfully established use at a specific location. The sinks, toilets, and floor drains will be used at the site will continue to be used whether or not the exception is granted. There is no possibility of constructing a different line to accommodate the use on property that would not be subject to an exception. (C) The long term environmental, economic, social and energy consequences resulting from the use at the proposed site with measures designed to reduce adverse impacts are not significantly more adverse than would typically result from the 247-19-000628-PA Page 17 of 19 same proposal being located in areas requiring a goal exception other than the proposed site; and FINDING: The long-term environmental, economic, social and energy consequences of allowing the sewer line extension are all positive rather than negative. The extension of the sewer line will not allow or support any new urban development outside the site. The re-routed sewer line will allow for the removal of a sewage holding tank, and provide wastewater disposal for the existing facility. There are no long-term negative environmental consequences of connecting the sinks, drains, water fountains, and toilets to an existing line, the environmental impacts are beneficial -the replacement of truck trips that use fuel and have emissions with non-polluting gravity flow through an existing pipe. Truck trips past nearby property will be eliminated. There will be no negative economic impacts. The use of the line will not in any way affect any adjacent or nearby uses economically or otherwise. The use of the line will result in more economic operation of the Outback site because the costs of trucking will be avoided. The line operates by gravity, so there are no pumping costs. There are no social impacts of the use of the line. (D) The proposed uses are compatible with other adjacent uses or will be so rendered through measures designed to reduce adverse impacts. FINDING: The use in this matter is allowing a sewer line outside of an UGB to serve the existing water facility on the subject property. The adjacent properties are currently undeveloped, forested open space. Given that there is new development associated with this exception, the use is compatible with other adjacent uses and there will be no additional adverse impacts. (3) The commission shall adopt rules establishing: (a) That an exception may be adopted to allow a use authorized by a statewide planning goal that cannot comply with the approval standards for that type of use; (b) Under what circumstances particular reasons may or may not be used to justify an exception under subsection (2)(c)(A) of this section; and (c) Which uses allowed by the applicable goal must be found impracticable under subsection (2) of this section. FINDING: The Land Conservation and Development Commission adopted rules as codified in OAR 660. (4) A local government approving or denying a proposed exception shall set forth findings of fact and a statement of reasons that demonstrate that the standards of subsection (2) of this section have or have not been met. FINDING: The hearings officer will provide the details set forth in the section. 247-19-000628-PA Page 18 of 19 (5) Each notice of a public hearing on a proposed exception shall specifically note that a goal exception is proposed and shall summarize the issues in an understandable manner. FINDING: Notice of the public hearing explicitly indicated a goal exception was requested and provided an understandable description of the reason for the request. IV. CONCLUSION & RECOMMENDATION: Staff finds that the applicant has met the burden of proof necessary to justify Comprehensive Plan Amendment with Exception to Goal 11, Public Facilities and Services, to allow use of an existing process water line to transport both process water and sewage outside of the City of Bend Urban Growth Boundary (UGB) through effectively demonstrating compliance with the applicable criteria of the Deschutes County Comprehensive Plan and applicable sections of OAR and ORS. DESCHUTES COUNTY PLANNING DIVISION Written:by: Matthew Martin, Associate Planner 247-19-000628-PA Page 19 of 19 \)I ES C'pG2 Q c Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of February 26, 2020 DATE: February 12, 2020 FROM: Matthew Martin, Community Development, 541-330-4620 TITLE OF AGENDA ITEM: CONSIDERATION OF SECOND READING: Ordinance No. 2020-003 - City of Bend Plan Amendment for Sewer to Outback Facility BACKGROUND AND POLICY IMPLICATIONS: On February 5, 2020, the Board of Commissioners ("Board") held a public hearing to consider a proposal by the City of Bend for a comprehensive plan amendment with an exception to statewide land use planning Goal 11, Public Facilities and Services, to allow sewer on rural lands to exclusively serve the City of Bend Outback Water Facility. Following testimony, the Board closed the public hearing and written record and deliberated. On a vote of 2-0, the Board approved the plan amendment. On February 12, 2020, the Board completed first reading of the ordinance. The ordinance is presented for consideration of second reading and adoption. FISCAL IMPLICATIONS: none ATTENDANCE: Matthew Martin, Associate Planner Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of February 12, 2020 DATE: February 6, 2020 FROM: Matthew Martin, Community Development, 541-330-4620 TITLE OF AGENDA ITEM: CONSIDERATION OF FIRST READING: Ordinance No. 2020-003 - City of Bend Plan Amendment for Sewer to Outback Facility BACKGROUND AND POLICY IMPLICATIONS: On February 5, 2020, the Board of Commissioners ("Board") held a public hearing to consider a proposal by the City of Bend for a comprehensive plan amendment with an exception to statewide land use planning Goal 11, Public Facilities and Services, to allow sewer on rural lands to exclusively serve the City of Bend Outback Water Facility. Following testimony, the Board closed the public hearing and written record and deliberated. On a vote of 2-0, the Board approved the plan amendment. The adopting ordinance is presented for consideration of first reading. FISCAL IMPLICATIONS: none ATTENDANCE: Matthew Martin