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2021-244-Ordinance Recorded 6/18/2021WED., LEGAL COUNSEL Recorded in Deschutes County C J2021 -244 Nancy Blankenship, County Clerk Commissioners' Journal 06/18/2021 11:34:47 AM :j�ES 1111iipiinumimmiimu For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 23, the Deschutes County Comprehensive Plan, to Change the Comprehensive Plan Map Designation from Agriculture to Redmond Urban Growth Area and Adjust the Redmond Urban Growth Boundary for Certain Properties. ORDINANCE NO. 2021-005 WHEREAS, House Bills 4079 (2016) and 2336 (2019) authorized the Department of Land Conservation and Development ("DLCD") to create an affordable housing pilot project program under Oregon Administrative Rule ("OAR") 660-039 in order to allow selected cities to develop affordable housing units outside of their current Urban Growth Boundaries ("UGBs"); and WHEREAS, DLCD selected the City of Redmond's Skyline Village proposal as an affordable housing pilot project on 40 acres of County -owned land which the County donated for the Skyline Village project; and WHEREAS, the City of Redmond initiated a quasi-judicial plan amendment application (Planning Division File 247-20-000440-PA) to change the Comprehensive Plan Map designation on the subject property from "Agriculture" to "Redmond Urban Growth Area" and expanding the UGB to include the subject property; and WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on December 8, 2020, before the Deschutes County Hearings Officer and on December 16, 2020, the Hearings Officer recommended approval of the Comprehensive Map changes; and WHEREAS, the Redmond City Council approved Ordinance 2020-03 on April 13, 2021 to adjust the UGB, subject to approval by the Board; and WHEREAS, after notice was given in accordance with applicable law, a de novo public hearing was held on May 26, 2021, before the Board; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC Title 23.01.010, Introduction, is amended to read as described in Exhibit A, attached hereto and by this reference incorporated herein, with new language underlined and deleted language set forth in otrikethrough. PAGE 1 OF 3 - ORDINANCE NO. 2021-005 Section 2. AMENDMENT. DCC Title 23, Deschutes County Comprehensive Plan Map, is amended to change the plan designation for certain property described in Exhibit B from Agriculture to Redmond Urban Growth Boundary and depicted on the map set forth as Exhibit C with both exhibits attached and incorporated by reference herein, from Agriculture to Redmond Urban Growth Area and included in the expanded Redmond UGB.. Section 3. AMENDMENT. Deschutes County Comprehensive Plan Chapter 4, Urban Growth Management, is amended to read as described in Exhibit D attached and incorporated by reference herein, with new language underlined and deleted language set forth in strikethrough Section 4. AMENDMENT. Deschutes County Comprehensive Plan Section 5.12, Legislative History, is amended to read as described in Exhibit E attached and incorporated by reference herein, with new language underlined and deleted language set forth in strikettir-eugli. Section 5. FINDINGS. The Board adopts as its findings in support of this Ordinance, the Decision of the Hearings Officer as set forth in Exhibit F and incorporated by reference herein. Section 6. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect upon its passage. /// Dated this /to of ATTEST: Recording Setary , 2021 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DeBONE, Chair PIIL CHANG, Vice Chair PAT"TI ADAIR, ommissioner Date of 1st Reading: day of , 2021. Date of 2nd Reading: /17 day of , 2021. PAGE 2 OF 3 - ORDINANCE NO. 2021-005 Commissioner Anthony DeBone Phil Chang Patti Adair Record of Adoption Vote: Yes No Abstained Excused Effective date: / day of , 2021. PAGE 3 OF 3 - ORDINANCE NO. 2021-005 Chapter 23.01 COMPREHENSIVE PLAN Chapter 23.01 COMPREHENSIVE PLAN 23.01.010. Introduction. A. The Deschutes County Comprehensive and found on the Deschutes County Communit by reference herein. B. The Deschutes County Comprehensive 2011-027, are incorporated by reference herein C. The Deschutes County Comprehensive 2012-005, are incorporated by reference herein D. The Deschutes County Comprehensive 2012-012, are incorporated by reference herein E. The Deschutes County Comprehensive 2012-016, are incorporated by reference herein F. The Deschutes County Comprehensive 2013-002, are incorporated by reference herein G. The Deschutes County Comprehensive 2013-009, are incorporated by reference herein H. The Deschutes County Comprehensive 2013-012, are incorporated by reference herein I. The Deschutes County Comprehensive 2013-007, are incorporated by reference herein J. The Deschutes County Comprehensive 2014-005, are incorporated by reference herein K. The Deschutes County Comprehensive 2014-006, are incorporated by reference herein L. The Deschutes County Comprehensive 2014-012, are incorporated by reference herein M. The Deschutes County Comprehensive 2014-021, are incorporated by reference herein N. The Deschutes County Comprehensive 2014-027, are incorporated by reference herein O. The Deschutes County Comprehensive 2015-021, are incorporated by reference herein P. The Deschutes County Comprehensive 2015-029, are incorporated by reference herein Q. The Deschutes County Comprehensive 2015-018, are incorporated by reference herein R. The Deschutes County Comprehensive 2015-010, are incorporated by reference herein S. The Deschutes County Comprehensive 2016-001, are incorporated by reference herein T. The Deschutes County Comprehensive 2016-022, are incorporated by reference herein U. The Deschutes County Comprehensive 2016-005, are incorporated by reference herein Plan, adopted by the Board in Ordinance 2011-003 y Development Department website, is incorporated Plan amendments, adopted by the Board in Ordinance Plan amendments, adopted by the Board in Ordinance Plan amendments, adopted by the Board in Ordinance Plan amendments, adopted by the Board in Ordinance Plan amendments, adopted by the Board in Ordinance Plan amendments, adopted by the Board in Ordinance Plan amendments, adopted by the Board in Ordinance Plan amendments, adopted by the Board in Ordinance Plan amendments, adopted by the Board in Ordinance Plan amendments, adopted by the Board in Ordinance Plan amendments, adopted by the Board in Ordinance Plan amendments, adopted by the Board in Ordinance Plan amendments, adopted by the Board in Ordinance Plan amendments, adopted by the Board in Ordinance Plan amendments, adopted by the Board in Ordinance Plan amendments, adopted by the Board in Ordinance Plan amendments, adopted by the Board in Ordinance Plan amendments, adopted by the Board in Ordinance Plan amendments, adopted by the Board in Ordinance Plan amendments, adopted by the Board in Ordinance Exhibit A, Ord. 2021-005 Chapter 23.01 (5/26/21) V. The Deschutes County Comprehensive 2016-027, are incorporated by reference herein W. The Deschutes County Comprehensive 2016-029, are incorporated by reference herein X. The Deschutes County Comprehensive 2017-007, are incorporated by reference herein Y. The Deschutes County Comprehensive 2018-002, are incorporated by reference herein Z. The Deschutes County Comprehensive 2018-006, are incorporated by reference herein AA. The Deschutes County Comprehensive 2018-011, are incorporated by reference herein BB. The Deschutes County Comprehensive 2018-005, are incorporated by reference herein CC. The Deschutes County Comprehensive 2018-008, are incorporated by reference herein DD. The Deschutes County Comprehensive 2019-002, are incorporated by reference herein EE. The Deschutes County Comprehensive 2019-001, are incorporated by reference herein FF. The Deschutes County Comprehensive 2019-003, are incorporated by reference herein GG. The Deschutes County Comprehensive 2019-004, are incorporated by reference herein HH. The Deschutes County Comprehensive 2019-011, are incorporated by reference herein II. The Deschutes County Comprehensive 2019-006, are incorporated by reference herein JJ. The Deschutes County Comprehensive 2019-016, are incorporated by reference herein KK. The Deschutes County Comprehensive 2019-019, are incorporated by reference herein. LL. The Deschutes County Comprehensive 2020-001, are incorporated by reference herein. MM. The Deschutes County Comprehensive 2020-002, are incorporated by reference herein NN. The Deschutes County Comprehensive 2020-003, are incorporated by reference herein. 00. The Deschutes County Comprehensive 2020-008, are incorporated by reference herein PP. The Deschutes County Comprehensive 2020-003, are incorporated by reference herein. QQ. The Deschutes County Comprehensive 2020-007, are incorporated by reference herein. RR. The Deschutes County Comprehensive 2020-006, are incorporated by reference herein. SS. The Deschutes County Comprehensive 2020-009, are incorporated by reference herein. 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The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-013, are incorporated by reference herein. UU. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2021-002, are incorporated by reference herein. W The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2021-005, are incorporated by reference herein. (Ord. 2021-0051, 2021; Ord. 2021-002 §3, 2020; Ord. 2020-013 § 1, 2020; Ord. 2020-009 § 1, 2020; Ord. 2020-006§1, 2020; Ord. 2020-007§1, 2020; Ord. 2020-008§1, 2020; Ord. 2020-003 §1, 2020; Ord. 2020-002 §1, 2020; Ord. 2020-001 §26, 2020; Ord. 2019-019 §2, 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 §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) Exhibit A, Ord. 2021-005 Chapter 23.01 (5/26/21) Exhibit A A portion of Parcel 1 of Partition Plat 2001-29, located in the Northeast One -Quarter of the Northeast One -Quarter of Section 10, Township 15 South, Range 13 East, Willamette Meridian, Deschutes County, Oregon, being more particularly described as follows: BEGINNING at the Northeast corner of said Section 10 being an iron pipe; Thence along the East line of said Northeast One -Quarter of the Northeast One -Quarter of Section 10 South 0°22'53" East 1320.06 feet to the Southeast comer of said Northeast One - Quarter of the Northeast One -Quarter of Section 10; Thence along the South line of said Northeast One -Quarter of the Northeast One -Quarter of Section 10 South 89°45'12" West 1323.03 feet to the Southwest corner of said Northeast One -Quarter of the Northeast One - Quarter of Section 10; Thence along the West line of said Northeast One -Quarter of the Northeast One -Quarter of Section 10 North 0°18'44" West 1319.84 feet to the Northwest corner of said Northeast One -Quarter of the Northeast One -Quarter of Section 10 being a 5/8" iron rod; Thence along the North line of said Northeast One -Quarter of the Northeast One -Quarter of Section 10 North 89°44'38" East 1321.43 feet to the POINT OF BEGINNING. The Basis of Bearings is North 89°44'38" East between found monuments along the North line of said Northeast One -Quarter of the Northeast One -Quarter of Section 10. The above described land contains 40.07 acres, more or less. (I -- at)-Z2� REGISTERED PROFESSIONAL LAND SURVE) OR (iiiwrzgl ' d OREGON NOVEMBER 10, 2009 JASON L. SIMES 83256PLS EXPIRES 6/30/22 Exhibit B Ordinance 2021-005 EXHIBIT B A PORTION OF PARCEL 1, PARTITION PLAT 2001-29 LOCATED IN THE NORTHEAST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER OF SECTION 10, TOWNSHIP 15 SOUTH, RANGE 13 EAST, WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON. ))/ DOCUMENT 2003-44678 DOCUMENT 2017-46186 NE MAPLE AVE— — DOCUMENT 2020-52477 DOCUMENT 2012-47760 • N89° 44' 38"E 1321.43' 5/8 IRON ROD POINT OF BEGINNING BENT NE CORNER SEC. 10 IRON PIPE PARCEL II DOCUMENT 2007-12333 AREA: 40.07 ACRES S89° 45' 12"W 1323.03' UNPLATTED 0 0 CV M w CV N V! PARTITION PLAT 1998-32 NE KINGWOOD AVE F, PARTITION PLAT 2017-26 w z I.A. MCCOY ENGINEERING & SURVEYING LLC ll80 SW LAKE ROAD SUITE 201 REDMOND, OR 97756 (541) 923-7554 PARCEL 1 PARTITION PLAT 2001-29 LOT N DESERT RISE INDUSTRIAL PARK (p 3a Zo2c) PHASE 1 REGISTERED PROFESSIONAL LAND SUR)-EYOR SCALE: 1" = 300' FOR 8.5'x11'SHEETS 150' 300' ORE t 6N NOVEMBER 10, 2009 JASON L. SIMES 83256PLS EXPIRES 6/30/22 PROJECT: SKYLINE VILLAGE PROJECT NO: 20-091 DESIGN: JJW DATE 1 1 /30/20 REV: DETAIL 1 PAGE: EXH. B Exhibit B, Ordinance 2021-005 AG to m w r w 2 NEKINGWOOD.AVE Subject Property RREA �NEMAPLE AVE Plan Amendment From Agriculture (AG) to Redmond Urban Growth Area City of Redmond NE JACKPINE AVE • Z NE HEMLOCK AVE SM Subject Property 15-13- Comprehensive Plan AG - Agriculture RREA - Rural Residential SM - Surface Mining Redmond Urban Growth 00-00-00103 Exception Area Boundary PROPOSED COMPREHENSIVE PLAN MAP Skyline Village Exhibit "C" to Ordinance 2021-005 V V 1 0 ,125 250 500 750 — Feet May 20, 2021 BOARD OF COUNTY COMMISSIONERS OFpF ESCHUT CO TY, OREGON Anthony DeBone, Chair Chanir ct P. tti Adair, Commissioner s ATTEST: Recording Secretary Dated this � day of 021 Effective Date: Jj / 1 d-, 2021 Proposed Comprehensive Plan Language, Section 4.2 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. The Redmond City Council and the Board of County Commissioners approved an applicant - initiated, quasi-judicial application to adjust the Redmond UGB in 2020. The adjustment added approximately 156 acres of land into the Redmond UGB in exchange for removing equivalent area of land from the UGB. The exchange property is being offered to better achieve land needs that were detailed in the 2012 Senate Bill 1544 by providing more development ready land within the Redmond UGB. The Redmond City Council and the Board of County Commissioners approved an applicant - initiated, quasi-judicial plan amendment to change the Comprehensives Plan designation from Agriculture to Redmond Urban Growth Area (RUGA) for 40 acres of County -owned land in 2021. The application also expanded the Redmond UGB. The application was in response to Redmond being selected for a State of Oregon pilot project for affordable housing under House Bill 4079 (2016) and HB 2336 (2019). The plan amendment and UGB expansion were consistent with OAR 660-039, Affordable Housing Pilot Project, specifically OAR 660-039-090, Subsequent Events. Urban Reserve Area Redmond In December 2005, Redmond City Council and the Board of County Commissioners adopted a 5,661 acre URA for the City. It is the first URA in Central Oregon because most cities find planning farther into the future than the 20-year UGB timeframe, challenging. In 2021, the Board adopted a Comprehensive Plan map amendment adding the Redmond Urban Reserve designation to the 156 acres described above. Exhibit D for Ordinance 2021-005 Sect%ow 5.12 Leg%sl,ative History Background This section contains the legislative history of this Comprehensive Plan. Table 5.12.1 Comprehensive Plan Ordinance History Ordinance Date Adopted/ Effective Chapter/Section Amendment 201 1-003 8-10-1 1/ 1 1-9-1 I All, except Transportation, Tumalo and Terrebonne Community Plans, Deschutes Junction, Destination Resorts and ordinances adopted in 2011 Comprehensive Plan update 201 1-027 10-31-1 1 / 1 1-9-1 I 2.5, 2.6, 3.4, 3.10, 3.5, 4.6, 5.3, 5.8, 5. I I , 23.40A, 23.40B, 23.40.065, 23.01.010 Housekeeping amendments to ensure a smooth transition to the updated Plan 2012-005 8-20-12/ 1 1-19-12 23.60, 23.64 (repealed), 3.7 (revised), Appendix C (added) Updated Transportation System Plan 2012-012 8-20-12/8-20-12 4.1, 4.2 La Pine Urban Growth Boundary 2012-016 12-3-12/3-4-13 3.9 Housekeeping amendments to Destination Resort Chapter 2013-002 1-7-13/1-7-13 4.2 Central Oregon Regional Large -lot Employment Land Need Analysis 2013-009 2-6-13/5-8-13 1.3 Comprehensive Plan Map Amendment, changing designation of certain property from Agriculture to Rural Residential Exception Area 2013-012 5-8-13/8-6-13 23.01.010 Comprehensive Plan Map Amendment, including certain property within City of Bend Urban Growth Boundary 2013-007 5-29-13/8-27-13 3.10, 3.1 1 Newberry Country: A Plan for Southern Deschutes County EXHIBIT E, ORD. 202I -005 DESCHUTES COUNTY COMPREHENSIVE PLAN - 201 I CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5. 12 LEGISLATIVE HISTORY 2013-016 10-21-13/10-21-13 23.01.010 Comprehensive Plan Map Amendment, including certain property within City of Sisters Urban Growth Boundary 2014-005 2-26-14/2-26-14 23.01.010 Comprehensive Plan Map Amendment, including certain property within City of Bend Urban Growth Boundary 2014-012 4-2-14/7-1-14 3.10, 3.11 Housekeeping amendments to Title 23. 2014-021 8-27-14/ 1 1-25-14 23.01.010, 5.10 Comprehensive Plan Map Amendment, changing designation of certain property from Sunriver Urban Unincorporated Community Forest to Sunriver Urban Unincorporated Community Utility 2014-021 8-27-14/ 1 1-25-14 23.01.010, 5.10 Comprehensive Plan Map Amendment, changing designation of certain property from Sunriver Urban Unincorporated Community Forest to Sunriver Urban Unincorporated Community Utility 2014-027 12-15-14/3-31-15 23.01.010, 5.10 Comprehensive Plan Map Amendment, changing designation of certain property from Agriculture to Rural Industrial 2015-021 1 1-9-15/2-22-16 23.01.010 Comprehensive Plan Map Amendment, changing designation of certain property from Agriculture to Surface Mining. 2015-029 1 1-23-15/ 1 1-30-15 23.01.010 Comprehensive Plan Map Amendment, changing designation of certain property from Tumalo Residential 5-Acre Minimum to Tumalo Industrial 2015-018 12-9-15/3-27-16 23.01.010, 2.2, 4.3 Housekeeping Amendments to Title 23. EXHIBIT E, ORD. 202 I -005 DESCHUTES COUNTY COMPREHENSIVE PLAN - 201 I CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY 2 2015-010 12-2- 15/ 12-2-15 2.6 Comprehensive Plan Text and Map Amendment recognizing Greater Sage -Grouse Habitat Inventories 2016-001 12-21-15/04-5-16 23.01.010; 5.10 Comprehensive Plan Map Amendment, changing designation of certain property from, Agriculture to Rural Industrial (exception area) 2016-007 2-10-16/5-10-16 23.01.010; 5.10 Comprehensive Plan Amendment to add an exception to Statewide Planning Goal 11 to allow sewers in unincorporated lands in Southern Deschutes County 2016-005 1 1-28-16/2- 16-17 23.01.010, 2.2, 3.3 Comprehensive Plan Amendment recognizing non- resource lands process allowed under State law to change EFU zoning 2016-022 9-28-16/ 1 1-14-16 23.01.010, 1.3, 4.2 Comprehensive plan Amendment, including certain property within City of Bend Urban Growth Boundary 2016-029 12-14-16/ 12/28/ 16 23.01.010 Comprehensive Plan Map Amendment, changing designation of certain property from, Agriculture to Rural Industrial 2017-007 10-30-17/ 10-30-17 23.01.010 Comprehensive Plan Map Amendment, changing designation of certain property from Agriculture to Rural Residential Exception Area 2018-002 1-3-18/1-25-18 23.01, 2.6 Comprehensive Plan Amendment permitting churches in the Wildlife Area Combining Zone EXHIBIT E, ORD. 2023-005 DESCHUTES COUNTY COMPREHENSIVE PLAN - 20I I CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY 20 18-006 8-22-18/ 1 1-20-18 23.01.010, 5.8, 5.9 Housekeeping Amendments correcting tax lot numbers in Non -Significant Mining Mineral and Aggregate Inventory; modifying Goal 5 Inventory of Cultural and Historic Resources 2018-011 9-12-18/ 12-1 1-18 23.01.010 Comprehensive Plan Map Amendment, changing designation of certain property from Agriculture to Rural Residential Exception Area 20 18-005 9-19-18/ 10- I 0-18 23.01.010, 2.5, Tumalo Community Plan, Newberry Country Plan Comprehensive Plan Map Amendment, removing Flood Plain Comprehensive Plan Designation; Comprehensive Plan Amendment adding Flood Plain Combining Zone purpose statement. 20 18-008 9-26-18/10-26-18 23.01.010, 3.4 Comprehensive Plan Amendment allowing for the potential of new properties to be designated as Rural Commercial or Rural Industrial 2019-002 1-2-19/4-2-19 23.01.010, 5.8 Comprehensive Plan Map Amendment changing designation of certain property from Surface Mining to Rural Residential Exception Area; Modifying Goal 5 Mineral and Aggregate Inventory; Modifying Non - Significant Mining Mineral and Aggregate Inventory 2019-001 1-16-19/4-16-19 1.3, 3.3, 4.2, 5.10, 23.01 Comprehensive Plan and Text Amendment to add a new zone to Title 19: Westside Transect Zone. EXHIBIT E, ORD. 2021-005 DESCHUTES COUNTY COMPREHENSIVE PLAN -201 I CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY 4 2019-003 02-12-19/03-12-19 23.01.010, 4.2 Comprehensive Plan Map Amendment changing designation of certain property from Agriculture to Redmond Urban Growth Area for the Large Lot Industrial Program 2019-004 02-12-19/03-12-19 23.01.010, 4.2 Comprehensive Plan Map Amendment changing designation of certain property from Agriculture to Redmond Urban Growth Area for the expansion of the Deschutes County Fairgrounds and relocation of Oregon Military Department National Guard Armory. 2019-011 05-01-19/05-16/19 23.01.010, 4.2 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 Master Plan Area 1 boundary. The ordinance also amends the Comprehensive Plan designation of Urban Area Reserve for those lands leaving the UGB. 2019-006 03-13-19/06-11-19 23.01.010, Comprehensive Plan Map Amendment, changing designation of certain property from Agriculture to Rural Residential Exception Area 2019-016 1 1-25-19/02-24-20 23.01.01, 2.5 Comprehensive Plan and Text amendments incorporating language from DLCD's 2014 Model Flood Ordinance and Establishing a purpose statement for the Flood Plain Zone. EXHIBIT E, ORD. 2025-005 DESCHUTES COUNTY COMPREHENSIVE PLAN -20I I CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5. 12 LEGISLATIVE HISTORY 2019-019 12-1 1-19/ 12-1 1-19 23.01.01, 2.5 Comprehensive Plan and Text amendments to provide procedures related to the division of certain split zoned properties containing Flood Plain zoning and involving a former or piped irrigation canal. 2020-001 12-1 1-19/ 12-1 1-19 23.01.01, 2.5 Comprehensive Plan and Text amendments to provide procedures related to the division of certain split zoned properties containing Flood Plain zoning and involving a former or piped irrigation canal. 2020-002 2-26-20/5-26-20 23.01.01, 4.2, 5.2 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 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. 2020-003 02-26-20/05-26-20 23.01.01, 5.10 Comprehensive Plan Amendment with 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. EXHIBIT E, ORD. 2021-005 DESCHUTES COUNTY COMPREHENSIVE PLAN -20I I CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY 6 2020-008 06-24-20/09-22-20 23.01.010, Appendix C Comprehensive Plan Transportation System Plan Amendment to add roundabouts at US 20/Cook- O.B. Riley and US 20/Old Bend -Redmond Hwy intersections; amend Tables 5.3.T I and 5.3.T2 and amend TSP text. 2020-007 07-29-20/ I 0-27-20 23.01.0I0, 2.6 Housekeeping Amendments correcting references to two Sage Grouse ordinances. 2020-006 08-12-20/ 1 1-10-20 23.01.01, 2.11, 5.9 Comprehensive Plan and Text amendments to update the County's Resource List and Historic Preservation Ordinance to comply with the State Historic Preservation Rule. 2020-009 08-19-20/1 I - 17-20 23.01.010, Appendix C Comprehensive Plan Transportation System Plan Amendment to add reference to J turns on US 97 raised median between Bend and Redmond; delete language about disconnecting Vandevert Road from US 97. 2020-013 08-26-20/ I I /24/20 23.01.0 I , 5.8 Comprehensive Plan Text And Map Designation for Certain Properties from Surface Mine (SM) and Agriculture (AG) To Rural Residential Exception Area (RREA) and Remove Surface Mining Site 461 from the County's Goal 5 Inventory of Significant Mineral and Aggregate Resource Sites. 2021-002 01-27-21/04-27-21 23.01.01 Comprehensive Plan Map Designation for Certain Property from Agriculture (AG) To Rural Industrial (RI) EXHIBIT E, ORD. 2027-005 DESCHUTES COUNTY COMPREHENSIVE PLAN - 20I CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY 2021-005 TBD 23.01.01, 4.2 Comprehensive Plan Map Amendment Designation for Certain Property from Agriculture (AG) To Redmond Urban Growth Area (RUGA) and text amendment EXHIBIT E, ORD. 2021-005 DESCHUTES COUNTY COMPREHENSIVE PLAN - 20I I CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5. I LEGISLATIVE HISTORY 8 DECISION AND RECOMMENDATION OF THE DESCHUTES COUNTY HEARING OFFICER FILE NUMBER: 247-20-000440-PA HEARING: OWNER: APPLICANT: PROPOSAL: December 8, 2020, 6:00 p.m., Barnes & Sawyer Rooms Deschutes Services Center 1300 NW Wall Street Bend, OR 97708 Deschutes County P.O. Box 6005 Bend, OR 97708 City of Redmond Deborah McMahon, Planning Manager 411 SW 9th St. Redmond, OR 97756 The applicant requests a Comprehensive Plan Amendment to amend the Deschutes County Comprehensive Plan to change the designation of 40 acres of property from Agriculture to Redmond Urban Growth Area to accommodate the future Skyline Village Affordable Housing Site pursuant to the City of Redmond's Application for Affordable Housing Pilot Project submitted to the State of Oregon under HB 4079 and OAR 660-039-0000 through 100, and approval of such' STAFF REVIEWER: Peter Russell, Senior Transportation Planner peter.russell@deschutes.org; (541) 383-6718 HEARINGS BODY: Deschutes County Hearings Officer RECORD CLOSED: December 8, 2020 DECISION DATE: December 16, 2020 I. APPLICABLE STANDARDS AND CRITERIA: Deschutes County Code, Title 18, County Zoning Chapter 18.136, Amendments Deschutes County Code, Title 22, Procedures Ordinance 1 The City of Redmond Associate Planner testified that the City of Redmond (the "City") is pursuing a concurrent process of amending the City of Redmond Comprehensive Plan and its Urban Growth Boundary (UGB). A separate, related application has been submitted to the City of Redmond for amendments to the UGB and Redmond Comprehensive Plan to add the subject property into the Redmond UGB. The Hearings Officer notes that, in general, a UGB is expanded through a joint effort involving the city and county. Once land is included in a UGB, it is eligible for annexation to a city. Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 1 of 36 Deschutes County Code, Title 23, Comprehensive Plan Chapter 1, Comprehensive Planning Chapter 2, Resource Management Chapter 4, Urban Growth Management Chapter 5, Supplemental Sections Statewide Planning Goals Goal 1: Citizen Involvement Goal 2: Land Use Planning Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces Goal 7: Areas Subject to Natural Hazards Goal 11: Public Facilities and Services Goal 14: Urbanization Oregon Revised Statutes (ORS) ORS 197.298, Priority of Land to be Included within Urban Growth Boundary Oregon Administrative Rule (OAR) OAR 660-039-0090, Affordable Housing Pilot Project, Subsequent Events II. FINDINGS OF FACT: A. LOCATION: The subject property has no situs address, but is described as located at 1002 NE 17th St. and 2525 W. Hwy 126, Redmond, and is identified on the Deschutes County Assessor's Map as 15-13-00, Tax Lot 103. The legal description of the subject property is: The Northeast Quarter of the Northeast Quarter of Section 10, Township 15, Range 13 East, Willamette Meridian in Deschutes County, Oregon. The property, which in total consists of 40 acres, is referred to as the Skyline Village Tract. It is part of a larger 1,611-acre parcel owned by Deschutes County. The site is illustrated on the map below. Deschutes County has owned the subject property since approximately 1960, when it was deeded from the Bureau of Land Management (BLM). The County will deed the property to the City of Redmond pursuant to the terms of a Land Donation Agreement, dated December 18, 2019. Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 2 of 36 B. LOT OF RECORD: Per DCC 22.04.040 Verifying Lots of Record, lot of record verification is required for certain permits: B. Permits requiring verification 1. Unless an exception applies pursuant to subsection (B)(2) below, verifying a lot parcel pursuant to subsection (C) shall be required to the issuance of the following permits: a. Any land use permit for a unit of land in the Exclusive Farm Use Zones (DCC Chapter 18.16), Forest Use Zone — F1 (DCC Chapter 18.36), or Forest Use Zone — F2 (DCC Chapter 18.40); b. Any permit for a lot or parcel that includes wetlands as show on the Statewide Wetlands Inventory; c. Any permit fora lot or parcel subject to wildlife habitat special Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 3 of 36 assessment; d. In all zones, a land use permit relocating property lines that reduces in size a lot or parcel' e. In all zones, a land use, structural, or non -emergency on -site sewage disposal system permit if the lot or parcel is smaller than the minimum area required in the applicable zone ... In the Powell/Ramsey (PA-14-2, ZC-14-2) decision, the Hearings Officer adhered to a prior Zone Change Decision (Belveron ZC-08-04) that a property's lot of record status was not required to be verified as part of a plan amendment and zone change application. Rather, the applicant would be required to receive lot of record verification prior to any development on the subject property. Therefore, the Hearings Officer finds this criterion is not applicable. The City, in a subsequent land use action, will address the property's legal status when it is partitioned. C. PROPOSAL: The Applicant requests a County Comprehensive Plan Amendment to change the designation of the subject property from Agriculture to Redmond Urban Growth Area (RUGA) for subsequent annexation, rezoning2 and urban development of the future Skyline Village. The subject property is 40 acres in size; the City was selected by the State of Oregon for its affordable housing pilot project to be developed on the subject site. The City's application for the affordable housing pilot project was approved by LCDC pursuant to State House Bill 4079 (HB 4079), as implemented by OAR Chapter 660-039. The Applicant has submitted a separate, but related application to the City of Redmond for an amendment to the Redmond Urban Growth Boundary (UGB) and the Redmond Comprehensive Plan to add the property into the Redmond UGB and to rezone it to a City zone district. The Applicant intends to annex the subject property into the City and apply the City of Redmond General Residential (R-4) zone to the site in accordance with the Eastside Framework Plan.3 The Applicant will also seek City approval for a Master Development Plan and Partition. Ultimately, the Applicant intends the parcel to be developed as a 485-unit, mixed residential, mixed -use neighborhood with at least 50% of the residential units designated as affordable (defined as those making 80% or less than the Area Median Income and spending not more than 30% of their monthly income on rent/mortgage), and the remainder market rate units.4 A variety of housing unit types will be built and small mixed- 2 The Applicant does not request a change in the existing zoning of EFU-AL as part of this application, but the City intends to eventually rezone the property after annexation to City of Redmond General Residential (R-4). 3 The Eastside Framework Plan was adopted by the City of Redmond in 2008. It is a general land use plan identifying a development pattern for an 1,800 acre area within the Redmond Urban Reserve Area (RURA). The purposes of the plan are to be a vision for the area, framework for more detailed master plans that will be prepared with each development phase and resource for future planning efforts. The subject property is within the planning area of the Eastside Framework Plan. 4 The City's application for the Affordable Housing Pilot Project dated August 17, 2018, states that Redmond is classified by the State of Oregon as a "Distressed Community" where a significant number of the population lives in poverty and has great difficulty getting access to affordable housing. It also states that Redmond, on a per capita basis, has a poverty rate of 36% which is among the highest in Central Oregon poverty, according to the American Community Survey — ACS, Poverty Hot Spots. Redmond suffers from poor housing choices and limited access to affordable housing. Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 4 of 36 use areas will be incorporated. The Applicant plans to pursue a master developer approach in building out Skyline Village. OAR 660-039-0090(1) provides: (1) Upon selection by the commission as provided in OAR 660-039-0080(4), the qualifying city shall (a) In concert with the county in which the urban growth boundary is located, amend the urban growth boundary to include the pilot project site, and identify the provisions of law and rules pursuant to OAR 660-039-0030 relating to urban growth boundary amendments that are not applied to allow the pilot project site to be included within the urban growth boundary; (b) Annex the pilot project site to the qualifying city within two years of the acknowledged urban growth boundary amendment; (c) Adopt plan and zone designations for the pilot project site that authorize development of the concept plan included in the application; (d) Adopt measures ensuring that affordable housing developed on the pilot project site remains affordable for a period of at least 50 years after the selection of the pilot project site; and (e) Issue permits for development on the pilot project site only after annexation of the site to the qualifying city and adoption of measures ensuring that housing developed on the pilot project site will continue to be used to provide affordable housing for a period of at least 50 years after the selection of the pilot project site. The Applicant's proposal herein is pursuant to OAR 660-039-0090(1)(a). After approval of the County and City's plan amendments and UGB amendment, the City will have the responsibility of complying with the subsequent events set forth in OAR 660-039-0090(1). The City shall, among other things, annex the subject property, adopt plan and zone designations for the property and submit a partition application, pursuant to which the subject property will be identified as Parcel 2 of future Partition Plat 2020-xx in Redmond, Oregon. Once Parcel 2 (the subject property) is established as a legal parcel via a recorded petition plat, the County will convey the subject property to the City of Redmond, per the terms of a Land Donation Agreement between the two governments, dated December 18, 2019. The City will then begin the process for residential development. Per OAR 660-039- 0090(1)(d) and (e) and the Land Donation Agreement, the City will pursue any and all land use and building permit approvals to design, plat and develop housing units of which a minimum of 50% will be available as affordable housing units to be exclusively rented or sold to, and occupied by low income applicants, pursuant to applicable provisions of HB 4079/2336. The City shall provide methods to ensure that a minimum of 50% of developed housing units remain at or below the threshold deemed affordable housing for a period of 50 years from the conveyance of the subject property from the County to the City. D. ZONING AND PLAN DESIGNATIONS: The subject property is currently within the land use management jurisdiction of Deschutes County. The Deschutes County Comprehensive Plan map designates the subject property as Agriculture. The subject property is within the Exclusive Farm Use Zone — Alfalfa subzone (EFU-AL). The land is also identified as Redmond Urban Reserve Area (RURA), a combining zone, which is Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 5 of 36 comprised of lands beyond the current Redmond UGB, but which are identified for future urban expansion. E. SITE DESCRIPTION: The subject property is approximately 40 acres in size and located at the approximate center of the western edge of a roughly 1,611-acre parcel owned by the County. Past and recent uses of the tract have been wildlife habitat, rangeland and open space. It has never been farmed and is not part of any irrigation district. The 40-acre property is currently vacant/undeveloped and is located on the eastern boundary of the Redmond UGB. It is located directly south of Maple Avenue, southwest of the High Desert Sports Complex, east of NE 11th Street, and north of NE Kingwood Avenue and NE 17th Street. The subject property has relatively flat terrain with juniper and sagebrush. There are scattered outcrops of basalt. The land is now and has always been vacant. There are no on -site improvements. The land has not been irrigated and contains no water rights. The property has no evidence of permanent or seasonal water. According to the Flood Insurance Rate Map (FIRM) for Deschutes County and the National Wetlands Inventory (NWI), respectively, the subject property is not located in the 100-year flood plain and does not contain mapped wetlands. A Phase I Environmental Site Assessment Report (ESA) was prepared by the Wallace Group for the subject property, dated April 30, 2020. The purpose of the work described in the ESA was to identify, to the extent feasible, recognized environmental conditions and other environmental issues existing at the subject property. Among other things, the ESA determined there are no on -site wells, septic systems, stormwater or industrial wastewater discharge features on the subject property. No additional environmental assessment or remedial activities with respect to the site were identified. The ESA states that the site is located at the western margin of the High Lava Plains Physiographic Province of Central Oregon. This region is characterized by semi -arid high desert vegetation along the eastern foothills of the High Cascade Mountain Range. The site and surrounding areas are composed of relatively thin volcanic soils overlaying Pleistocene age Newberry basalt flows. Access to the property is available from the west via NE Kingwood Avenue and from the south via NE 17th Street and NE 15th Street, which connects to NE Hemlock Avenue and NE 9th Street. From NE 9t" Street, one may travel north to NE Negus Way, which turns into Maple Avenue, or south to OR 126 and Evergreen Avenue to access US Highway 97 and downtown. From the north, access will be provided via NE Negus Way. F. SURROUNDING LAND USES: The site is located directly north of existing City of Redmond jurisdiction. It is located approximately 1.5 miles northeast of downtown Redmond, Oregon. The site is located within the planned area of the City of Redmond and is not on the extreme periphery of the community. The land uses on surrounding properties range from urban residential to recreational to undeveloped. To the east is vacant land with County zoning of Surface Mining (SM). To the north is vacant land with a County zoning of Rural Residential (RR-10) and to the west is land zoned EFU-TRB with some private residential development. The Redmond UGB is approximately 1,320 feet west of the subject property. On the south side of the property is land within the City of Redmond and zoned Heavy Industrial (M-2). The Deschutes Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 6 of 36 County Negus Transfer station lies about 1,515 feet east of the subject property. The High Desert Sports Complex abuts the northeast edge of the subject property. Adjacent off -site improvements along NE Kingwood Avenue include paved public roads with curbs and paved sidewalks. Several residences abut the north and west edge of subject property, while there is a mix of vacant land and developed industrial properties along the south edge. G. SOILS: Soils on the subject property are designated as Class VII and VIII. The land is not recommended for dry land grazing due to a lack of water and proximity to urban uses. According to Natural Resources Conservation Service (NRCS) maps of the area, the subject property contains the following soils type, as described below. 35B, Deschutes-Stukel complex, dry, 0 to 8 percent slope: This soil complex is composed of 50 percent Deschutes soil and similar inclusions, 35 percent Stukel soil and similar inclusions, and 15 percent contrasting inclusions. The Deschutes soils are well drained with a moderately rapid permeability, and about 7 inches of available water capacity. The Stukel soils are well drained with moderately rapid permeability and about 2.2 inches of available water capacity. Major uses of this soil type are irrigated cropland and livestock grazing. The agricultural capability rating for 35B soils are 4E when irrigated, and 6E when not irrigated. This soil is high -value when irrigated. The entire property is made up of this soil type. The ESA describes the soils, based on review of documentation for the subject property and a site visit on April 10, 2020, as follows: "Near -surface soils consist of volcanic silty - sand with varying amounts of basaltic gravel, cobble and boulders, less than ten feet thick. The near -surface soils are underlain by multiple flows of hard, basaltic bedrock that extend laterally across the site to depths of several hundred feet below surface grade." H. PUBLIC AND PRIVATE AGENCY COMMENTS: The Planning Division mailed notice of the public hearing to various public and private agencies. No comments were received. The following agencies either had no comment or did not respond to the notice: Bureau of Land Management (BLM); Central Oregon Irrigation District (COID); the following City of Redmond departments: Fire and Rescue, Planning, and Public Works; Department of Land Conservation and Development (DLCD); the following Deschutes County departments: Assessor, Property Address Coordinator, Property Management, Road, and County Surveyor; and the District 11 Watermaster. PUBLIC COMMENTS: On November 10, 2020, the Planning Division mailed a Notice of Application to all property owners within 750 feet of the subject property. No written comments were received. One member of the public appeared at the public hearing and presented testimony regarding the industrial zoning of adjacent lands, with concern about the compatibility of residential development of the subject property. The Housing Land Authority and Fair Housing Council of Oregon also submitted a comment letter, dated December 8, 2020 regarding findings for Statewide Planning Goal 10. The Hearings Officer addresses these comments in the findings below. I. 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 July 14, 2020, indicating the applicant posted Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 7 of 36 notice of the land use action on the property on July 15, 2020. On November 10, 2020, the Planning Division mailed a Notice of Public Hearing to all property owners within 750 feet of the subject property. A Notice of Public Hearing was published in the Bend Bulletin on Sunday, November 22, 2020. Notice of the first evidentiary hearing was submitted to the Department of Land Conservation and Development on November 3, 2020. J. REVIEW PERIOD: The application was submitted on June 30, 2020. The application was deemed complete on November 10, 2020. 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. K. LAND USE HISTORY: The entire 1,611-acre parcel, including the 40-acre subject property is owned by Deschutes County. Previously, the entire parcel was owned and managed by the U.S. Bureau of Land Management (BLM). The land was conveyed to Deschutes County from BLM via a patent (#36-66-0010) that was entered on the Deschutes County Tax Card on August 20, 1965. Previous land use decisions are listed below. As near as staff could determine, none of these land use decisions was for the subject 40 acres. No evidence has been submitted to confirm whether the listed land use decisions apply to the subject property. Nonetheless these decisions are listed below: CU-81-89: Approved a softball park with four fields off of Negus Road CU-91-137: Approved a manufactured home to be used as a caretaker's residence for the Redmond Rod and Gun Club, which was located off of OR 126. CU-92-165/SP-92-130: Alter non -conforming use (Negus landfill) to allow construction of solid waste center. CU-92-214/SP-92-170/TU-92-64: Approved a disposal site and Negus Transfer Station CU-93-31: Approved a manufactured home to be used as a caretaker's residence for Redmond Rod and Gun Club, which was located off of OR 126. 247-19-000648-PA/649-ZC: Reconfigure the Redmond UGB to add 156 acres to the Redmond UGB in exchange for removing a similar amount of land from the Redmond UGB. The land being added would change from EFU to Urban Holding zone (UH-10) and the land being removed from the UGB would change from a combination of Light Industrial (M-1) and Heavy Industrial (M-2) to EFU. L. PROJECT BACKGROUND: In 2016, the Oregon Legislature passed House Bill 4079 (HB 4079) which formed a pilot program aimed to help cities build affordable housing. The program allowed two cities to add new housing units on lands currently outside their urban growth boundaries (UGBs) without going through the normal UGB expansion process. The law directed the Land Conservation and Development Commission (LCDC) to set up a process to select two pilot projects: one for a city with a population up to 25,000 and one for a city with a population greater than 25,000. When selected, cities can use an expedited UGB expansion process if the proposal meets the LCDC rules set forth in OAR Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 8 of 36 660-039. In November 2018, LCDC selected the City of Bend, instead of the City of Redmond's proposal, for the pilot program for cities over 25,000 in population. No city with a population of Tess than 25,000 applied. Thereafter, the Legislature amended the original statute by passing HB 2336 in 2019, which allowed LCDC to select the City of Redmond's application for the affordable housing pilot program. The program requires Redmond to amend its urban growth boundary, annex the proposed project site, and adopt needed regulations and issue permits for development to occur. OAR 660-039-0090 (Subsequent Events), summarized in the findings above, set forth the next steps for the City of Redmond's implementation of the affordable housing program. The LCDC exempts the application from certain Statewide Goals, including Goal 12, Goals 3, 4, 6, 8, 9, 10, 12, 13 and 19. The application is exempt from Goal 11, except that portion applicable to the impact of development on the pilot project site upon existing and planned public facilities within the qualifying city's UGB. The application is also exempt from the requirements of ORS 197A.320. OAR 660-039-0030. In 2007, the City of Redmond adopted the Eastside Framework Plan (EFP) during the UGB expansion process. The EFP identifies a development pattern for an 1,800 acre area within the City's Urban Reserve Area (URA) on land owned by Deschutes County and Central Oregon Irrigation District. The Skyline Village tract is located within the western, central part of the EFP on land designated by the EFP as Residential — Medium Density, adjacent to Residential- High Density and industrial zoned land. Skyline Village is the first project to be considered in the EFP. It will build upon the mixed -use and residential intentions set by the EFP to grow Redmond's housing and commercial development. The City of Redmond developed a master plan concept for the Skyline Village Tract for its submittal to the State of Oregon for the Affordable Housing Pilot Program. The master plan concept is for a mixed income, mixed use neighborhood with a total of 485 residential units at least half of which will be affordable and the other half will be market rate units. The affordable and market rate units will be mixed throughout the site. Parks, open space corridors and a greenway with trails are planned throughout the development (comprising almost 10% of the site) and a transit plaza has been planned adjacent to the mixed -use area and a park. The City plans to pursue a master developer approach to build out Skyline Village; a formal RFP process will be used. III. CONCLUSIONS OF LAW In order to approve the Comprehensive Plan amendment request, the proposal must comply with the criteria found in statutes, statewide planning goals and guidelines and their implementing administrative rules, County Comprehensive Plan, and land use procedures ordinance. Each of the applicable criteria is addressed in the findings below. TITLE 18 OF THE DESCHUTES COUNTY CODE (ZONING ORDINANCE) Chapter 18.16, Exclusive Farm Use Zones Section 18.16.010. Purpose Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 9 of 36 A. The purpose of the Exclusive Farm Use zone is to preserve and maintain agricultural lands and to serve as a sanctuary for farm uses. B. The purposes of this zone are served by the land use restrictions set forth in the Comprehensive Plan and in DCC 18.16 and by the restrictions in private civil actions and enforcement actions set forth in ORS 30.90. through 30.947. FINDING: The Applicant requests a quasi-judicial plan amendment to change the County Comprehensive Plan map designation of the subject property from Agriculture to Redmond Urban Growth Area to expand the City of Redmond UGB. The subject property is within the Exclusive Farm Use Zone — Alfalfa subzone (EFU-AL). The Applicant does not request a rezone of the subject property. Per the terms of the Land Donation Agreement, the subsequent steps to be taken by the City of Redmond for the Skyline Village affordable housing pilot project include annexation of the subject property, adoption of plan and zone designations for the property and submission of a partition application. Notwithstanding the foregoing, the Hearings Officer finds that DCC 18.16.010 is a purpose statement, which sets forth a general expression of a goal or objective to preserve farm land. See Beck v. City of Tillamook, 20 Or LUBA 178, 185-86 (1990). The Hearings Officer finds that DCC 18.16.010 is not an approval criterion for the subject application. Chapter 18.24, Redmond Urban Reserve Area Combining Zone Section 18.24.010. Purpose The Redmond Urban Reserve Area (RURA) Combining Zone implements the Deschutes County Comprehensive Plan for those areas designated as urban reserve. The RURA Combining Zone maintains lands for rural uses in accordance with state law, but in a manner that ensures a range of opportunities for the orderly, economic, and efficient provision of urban services when these lands are included in the Redmond Urban Growth Boundary. FINDING: As set forth above, the Applicant requests a quasi-judicial plan amendment to change the County Comprehensive Plan map designation of the subject property from Agriculture to Redmond Urban Growth Area to expand the City of Redmond UGB. The subject property is within the Exclusive Farm Use Zone — Alfalfa subzone (EFU-AL) and the RURA combining zone. The Applicant does not request a rezone of the subject property. Per the terms of the Land Donation Agreement, the subsequent steps to be taken by the City of Redmond for the Skyline Village affordable housing pilot project include annexation of the subject property, adoption of plan and zone designations for the property and submission of a partition application. Notwithstanding the foregoing, the Hearings Officer finds that DCC 18.24.010 is a purpose statement, which sets forth a general expression of a goal or objective to maintain lands for rural uses in a manner that ensures a range of opportunities for the provision of urban services when those lands are included in the Redmond UGB. See Beck v. City of Tillamook, 20 Or LUBA 178, 185-86 (1990). The Hearings Officer finds that DCC 18.24.010 is not an approval criterion for the subject application. Chapter 18.136, Amendments Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 10 of 36 Section 18.136.010, Amendments DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for text or legislative map changes shall be as set forth in DCC 22.12. A request by a property owner for a quasi-judicial map amendment shall be accomplished by filing an application on forms provided by the Planning Department and shall be subject to applicable procedures of DCC Title 22, FINDING: The Applicant requests a quasi-judicial map amendment, which is subject to the procedures set forth in DCC Title 22. The Applicant filed an application on a form provided by the Planning Department. The Hearings Officer reviews the application utilizing the applicable procedures contained in Title 22 of the Deschutes County Code in this Decision. TITLE 22 OF THE DESCHUTES COUNTY CODE (DESCHUTES COUNTY DEVELOPMENT PROCEDURES ORDINANCE) Chapter 22.08 (General Provisions) Section 22.08.010 Application Requirements A. Property Owner. For the purposes of DCC 22.08.010, the term "property owner" shall mean the owner of record or the contract purchaser and does not include a person or organization that holds a security interest. B. Applications for development or land use actions shall: 1. Be submitted by the property owner or a person who has written authorization from the property owner as defined herein to make the application; 2. Be completed on a form prescribed by the Planning Director; 3. Include supporting information required by the zoning ordinance and that information necessary to demonstrate compliance with applicable criteria; and 4. Be accompanied by the appropriate filing fee, unless such fees are waived by the Board of County Commissioners. 5. Include an affidavit attesting to the fact that the notice has been posted on the property in accordance with DCC 22.24.030(B). C. The following applications are not subject to the ownership requirement set forth in DCC 22.08.010(B)(1): 1. Applications submitted by or on behalf of a public entity or public utility having the power of eminent domain with respect to the property subject to the application; or Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 11 of 36 2. Applications for development proposals sited on lands owned by the state or the federal government. D. A deposit for hearings officers' fees may be requested at any time prior to the application being deemed complete and, if the application is heard by a hearings officer, the applicant will be responsible for the actual costs of the hearings officer. FINDING: The Applicant submitted its application pursuant to authority granted by the property owner, Deschutes County, to accomplish the purposes set forth in the Land Donation Agreement, which supports the City of Redmond's approved application for the affordable housing pilot project. The Applicant paid a hearings officer deposit and will be responsible for the actual costs of the hearings officer. The Hearings Officer finds these requirements are met. Section 22.08.020 Acceptance of Application. A. Development action and land use action applications shall not be accepted until the planning director has determined that (1) the requirements of DCC 22.08.010 have been met and (2) the application is complete or the application is deemed to be complete under state law. B. An application is complete when in the judgment of the Planning Director all applicable issues have been adequately addressed in the application. C. Acceptance of an application as complete shall not preclude a determination at a later date that additional criteria need to be addressed or a later determination that additional information is needed to adequately address applicable criteria. FINDING: The Applicant's application was accepted by the Department of Community Development and has been determined to be complete. The Hearings Officer finds these requirements are met. Chapter 22.20 (Review of Land Use Applications) Section 22.20.010 Action on Land Use Action Applications. A. Except for comprehensive plan amendments and zone changes and other instances where a hearing is required by state law or by other ordinance provision, the Planning Director may decide upon a land use action application administratively either with prior notice, as prescribed under DCC 22.20.020 or without prior notice, as prescribed under DCC 22.20.030 or he may refer the application to the Hearings Body for hearing. The Planning Director shall take such action within 30 days of the date the application is accepted or deemed accepted as complete. This time limit may be waived at the option of the applicant. Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 12 of 36 FINDING: The application requests a Comprehensive Plan map amendment. Accordingly, a hearing is required. The Hearings Officer presided over a public hearing on December 8, 2020, and prepared this Decision and Recommendation for consideration by the Board of County Commissioners. Chapter 22.24 (Land Use Action Hearings) Section 22.24.010 Filing of Staff Report for Hearing. A. At the time an application that in the judgment of the Planning director requires a hearing is deemed complete, a hearing date shall be set. B. A staff report shall be completed seven days prior to hearing. If the report is not completed by such time, the hearing shall be held as scheduled, but any party may at the hearing or in writing prior to the hearing request a continuance of the hearing to a date that is at least seven days after the date the initial staff report is complete. Pursuant to DCC 22.24.140(A)(3), grant of a continuance under these circumstances shall be discretionary. C. A copy of the staff report shall be mailed to the applicant, shall be made available to such other persons who request a copy and shall be filed with the Hearings Body. D. Oral or written modifications and additions to the staff report shall be allowed prior to or at the hearing. FINDING: A hearing date was set for hearing before the Hearings Officer and a staff report was completed seven days prior to the December 8, 2020, hearing date. A copy of the staff report was mailed to the Applicant, sent to the Hearings Officer and was made available to the public as part of the record herein. No persons requested a copy of the staff report. No oral or written modifications and/or additions to the staff report were made prior to or at the hearing. The Hearings Officer finds these requirements are met. Section 22.24.020 Hearings Body. A. The following shall serve as the hearings body: 1. Hearings Officer. 2. Planning Commission, as specified by DCC 22.24.020(C). 3. Board of County Commissioners, except where an applicable joint management agreement within an acknowledged urban growth boundary specifies a city governing body as the final appeals body. B. The Hearings Body order shall be as set forth in DCC 22.24.020(A), except that the Board may call up an administrative decision for review without the necessity of an application going before the Hearings Officer. Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 13 of 36 C. Where the Hearings Officer declines to hear a matter on the grounds of a conflict of interest, the Planning Commission shall substitute for the hearings officer. In the Redmond Urban Area, the initial Hearings Body for a quasi-judicial plan amendment or zone change may at the discretion of the Planning Director be either the Planning Commission or the Hearings Officer. Additionally, in the Redmond Urban Area, the initial Hearings Body for Declaratory Rulings and revocations of land use approvals may, at the discretion of the Planning Director, be the Hearings Officer, the Redmond Urban Area Planning Commission or the Redmond City Council. FINDING: The Hearings Officer served as the initial hearings body for the application for quasi- judicial plan amendment. These requirements are met. Section 22.24.030 Notice of Hearing or Administrative Action. A. Individual Mailed Notice. 1. Except as otherwise provided for herein, notice of a land use application shall be mailed at least 20 days prior to the hearing for those matters set for hearing, or within 10 days after receipt of an application for those matters to be processed administratively with notice. Written notice shall be sent by mail to the following persons: a. The applicant. b. Owners of record of property as shown on the most recent property tax assessment roll of property located: 1. Within 100 feet of the property that is the subject of the notice where any part of the subject property is within an urban growth boundary; 2. Within 250 feet of the property that is the subject of the notice where the subject property is outside an urban growth boundary and not within a farm or forest zone, except where greater notice is required under DCC 22.24.030(A)(4) for structures proposed to exceed 30 feet in height; or 3. Within 750 feet of the property that is the subject of the notice where the subject property is within a farm or forest zone, except where greater notice is required under DCC 22.24.030(A)(4) for structures proposed to exceed 30 feet in height. c. For a solar access or solar shade exception application, Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 14 of 36 only those owners of record identified in the application as being burdened by the approval of such an application. d. The owner of a public use airport if the airport is located within 10,000 feet of the subject property. e. The tenants of a mobile home park when the application is for the rezoning of any part or all of a mobile home park. f. The Planning Commission. g. Any neighborhood or community organization formally recognized by the board under criteria established by the Board whose boundaries include the site. h. At the discretion of the applicant, the County also shall provide notice to the Department of Land Conservation and Development. 2. Notwithstanding DCC 22.24.03O(A)(1) (b)(1), all owners of property within 250 feet of property that is the subject of a plan amendment application or zone change application shall receive notice. 3. The failure of a property owner to receive mailed notice shall not invalidate any land use approval if the Planning Division can show by affidavit that such notice was given. 4. For structures proposed to exceed 30 feet in height that are located outside of an urban growth boundary, the area for describing persons entitled to notice under DCC 22.24.03O(A)(1)(b) shall expand outward by a distance equal to the distance of the initial notice area boundary for every 30 foot height increment or portion thereof. B. Posted Notice. 1. Notice of a land use action application for which prior notice procedures are chosen shall be posted on the subject property for at least 10 continuous days prior to any date set for receipt of comments. Such notice shall, where practicable, be visible from any adjacent public way. 2. Posted notice of an application for a utility facility line approval shall be by posting the proposed route at intervals of not less than one-half mile. The notice shall be posted as close as practicable to, and be visible from, any public way in the vicinity of the proposed route. 3. Notice of a solar access application shall be posted as near as practicable to each lot identified in the application. Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 15 of 36 C. Published Notice. In addition to notice by mail and posting, notice of an initial hearing shall be published in a newspaper of general circulation in the County at least 20 days prior to the hearing. D. Media Notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. FINDING: The record shows that individual mailed notice, posted notice, published notice and media notice of the application and the initial public hearing before the Hearings Officer were provided consistent with these requirements. Specifically, notice was provided to owners of record of property as shown on the most recent property tax assessment roll of property located within 750 feet of the subject property. The Hearings Officer finds these requirements are met. Section 22.24.040 Contents of Notice. A. All mailed notices of a land use action hearing shall: 1. Describe the nature of the applicant's request and the nature of the proposed uses that could be authorized. 2. List the criteria from the zoning ordinance and the plan applicable to the application at issue. 3. Set forth the street address or easily understood geographical reference to the subject property. 4. State the date, time and location of any hearing or date by which written comments must be received. 5. State that any person may comment in writing and include a general explanation of the requirements for submission of testimony and the procedures for conduct of testimony, including, but not limited to, a party's right to request a continuance or to have the record held open. 6. If a hearing is to be held, state that any interested person may appear. 7. State that failure to raise an issue in person at a hearing or in writing precludes appeal by that person to the Land Use Board of Appeals (LUBA), and that failure to provide statements or evidence sufficient to afford the decision -maker an opportunity to respond to the issue precludes appeal to LUBA based on that issue. 8. State the name of a county representative to contact and the telephone number where additional information may be obtained. 9. State that a copy of the application, all documents and evidence Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 16 of 36 submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost. 10. State that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and will be provided at reasonable cost. 11. All mailed notices shall contain the following statement: NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER. B. All mailed and published notices for hearings shall contain a statement that recipients may request a copy of the staff report. C. All mailed and published notices concerning applications necessitating an exception to one of the statewide land use planning goals shall state that a goal exception is proposed and shall summarize the issues in an understandable manner. FINDING: The record shows that mailed notices of the initial hearing before the Hearings Officer on the application contain all required information set forth above. The application does not necessitate an exception to any of the statewide land use planning goals. The Hearings Officer finds these requirements are met. Chapter 22.28 (Land Use Action Decisions) Section 22.28.030 Decision on Plan Amendments and Zone Changes. A. Except as set forth herein, the Hearings Officer or the Planning Commission when acting as the Hearings Body shall have authority to make decisions on all quasi-judicial zone changes and plan amendments. Prior to becoming effective, all quasi-judicial plan amendments and zone changes shall be adopted by the Board of County Commissioners. B. In considering all quasi-judicial zone changes and those quasi-judicial plan amendments on which the Hearings Officer has authority to make a decision, the Board of County Commissioners shall, in the absence of an appeal or review initiated by the Board, adopt the Hearings Officer's decision. No argument or further testimony will be taken by the Board. C. Plan amendments and zone changes requiring an exception to the goals or concerning lands designated for forest or agricultural use shall be heard de novo before the Board of County Commissioners without the necessity of filing an appeal, regardless of the determination of the Hearings Officer or Planning Commission. Such hearing before the Board shall otherwise be subject to the same procedures as an appeal to the Board under DCC Title 22. D. Notwithstanding DCC 22.28.030(C), when a plan amendment subject to a DCC Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 17 of 36 22.28.030(C) hearing before the Board of County Commissioners has been consolidated for hearing before the hearings Officer with a zone change or other permit application not requiring a hearing before the board under DCC 22.28.030(C), any party wishing to obtain review of the Hearings Officer's decision on any of those other applications shall file an appeal. The plan amendment shall be heard by the Board consolidated with the appeal of those other applications. FINDING: The Hearings Officer has authority to make a decision on the quasi-judicial plan amendment application. Prior to becoming effective, the quasi-judicial plan amendment shall be adopted by the Board of County Commissioners. Because the requested plan amendment concerns lands designated for agricultural use, the Board of County Commissioners shall consider the application for plan amendment de novo without the necessity of an appeal having been filed. 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 proposal was developed specifically in response to the State of Oregon's request for affordable housing pilot projects to address this critical Central Oregon issue. In 2016, House Bill 4079 (HB 4079) and the 2019 HB 2336 allowed two selected cities to add new housing units outside of their current UGBs. The resulting statute and implementing administrative rule (OAR 660-039) were themselves created via a public process. The review of Redmond's proposal and subsequent approval by the State of Oregon Land Conservation and Development Commission (LCDC ) was based on the commission's objective review of the facts pertaining to state goals and administrative rules. The City's land use application to the County for the plan amendment (this application) included public notice as required by County Code to property owners, private and public agencies, and culminated in a public hearing before the Hearings Officer, which will be followed by a public hearing before the Board of County Commissioners. The Applicant's burden of proof addresses the factual base of state and local requirements for decisions related to plan amendments. It also addresses City of Redmond requirements for the next steps regarding partitioning of the 40 acres from the 1,611 acres, application of Redmond's code, and development of the site to accommodate 485 residential units. Half of the units planned to be constructed on the subject parcel will be for affordable housing (households making 80% or Tess of the County's Area Median Income (AMI) of $69,900). In summary, at every step at the state and the local level, the Skyline Village Tract has been the result of an open and public process. The County is following procedures outlined in Title 22, the Deschutes County Development Procedures Ordinance in order to ensure a land use process that is open and based upon Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 18 of 36 objective evaluation of facts. The Hearings Officer finds the proposal and the associated review process are consistent with this Goal. Goal 2. Promote regional cooperation and partnerships on planning issues. FINDING: This proposal was developed as a specific response to the state's request for pilot projects for affordable housing, as discussed in the findings above. The City of Redmond and Deschutes County have extensively coordinated on the resulting land use applications for the Skyline Village Tract. The County has conditionally granted ownership of the land to the City of Redmond, provided the land will be developed primarily for affordable housing per the Land Donation Agreement (Deschutes County Document 2019-847) between Deschutes County and the City of Redmond. The Deschutes County Board of Commissioners also passed a resolution in support of the City of Redmond's application to the Affordable Housing Pilot Project Program. As set forth in the City's application for Affordable Housing Pilot Project on page 4: Redmond has collaborated with Deschutes County on the siting of the project which is on former Federal land. Deschutes County received this land at no cost. Since land value contributes to the high cost of housing, Redmond is seeking ways to write down the value of the land in a manner that results in more affordable housing prices. Deschutes County has agreed to support the Redmond proposal and kickstart the Eastside Framework Plan with a mixed -income neighborhood. Together, Redmond and Deschutes County as a land owner and partner create a strong foundation for success of the project. The Hearings Officer finds the proposal is based upon a cooperative partnership process for regional planning and is consistent with this Goal. Chapter 2, Resource Management Section 2.2, Agricultural Lands Policies Goal 1. Preserve and maintain agricultural lands and the agricultural industry. Policy 2.2.1 Retain agricultural lands through Exclusive Farm Use zoning Policy 2.2.2 Exclusive Farm Use sub -zones shall remain as described in the 1992 Farm Study and shown in the table below, unless adequate legal findings for amending the sub -zones are adopted or an individual parcel is rezoned as allowed by Policy 2.2.3. FINDING: The parcel is zoned EFU and will remain so zoned by the County following this Decision. Subsequent to this application, the parcel is proposed to be annexed into the City of Redmond and rezoned to R-4. Following the anticipated zone change and annexation, this policy will no longer be applicable. The Hearings Officer's findings concerning agricultural land are set forth below in the findings on Statewide Planning Goal 3, Agricultural Land. Policy 2.2.3 below provides support concerning Policy 2.2.2, supporting re -designating the subject property to Redmond Urban Growth Area. The proposal is part of the Affordable Housing Pilot Program, implemented by OAR 660-039, which allows selected cities to amend their UGB to Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 19 of 36 include certain parcels, then to annex and zone the property to accommodate an affordable housing project meeting certain requirements. The Hearings Officer finds the proposal is consistent with this Goal and these Policies. Policy 2.2.3 Allow comprehensive plan and zoning map amendments for individual EFU parcels as allowed by State Statute, Oregon Administrative Rules and this Comprehensive Plan. FINDING: The Applicant has requested a Plan Amendment to re -designate the subject property from Agriculture to Redmond Urban Growth Area. As discussed herein, the subject parcel has been selected by the state as part of the Affordable Housing Pilot Program as allowed by HB 4079 (2016) and HB 2336 (2019) and implemented by OAR 660-039. The subject plan amendment per OAR 660-039-0030(1) specifies those Statewide Planning Goals from which the project is exempt, and provides that the project need not comply with ORS 197A.320. The process to amend a County's comprehensive plan is detailed in OAR 660-039- 0090. The parcel has also been mapped as Redmond Urban Reserve Area (RURA) by the County. The Eastside Framework Plan (2008), adopted by the City of Redmond, identified a mixed -used community of 1,800 acres within the RURA on lands owned by Deschutes County and COID. The Skyline Village tract is within the Eastside Framework Plan's west -central portion on lands slated for residential and mixed use development. The Hearings Officer finds the proposed amendment is allowed by all applicable Oregon State Statutes and Oregon Administrative Rules. The Hearings Officer finds the proposal is consistent with this Policy. Policy 2.2.4 Develop comprehensive policy criteria and code to provide clarity on when and how EFU parcels can be converted to other designations. FINDING: This plan policy provides direction to Deschutes County to develop new policies to provide clarity when EFU parcels can be converted to other designations. As noted above, the subject property has been identified as future land for urban expansion by the Redmond Urban Reserve Area and City of Redmond's Eastside Framework Plan. OAR 660-039-0090 (Subsequent Events) details how the Skyline Village tract will be eventually converted from EFU to Redmond General Residential (R-4), following comprehensive plan amendments, expansion of the Redmond UGB, and annexation. The Hearings Officer finds the proposal and associated review processes are consistent with this Policy. Policy 2.2.5 Uses allowed in Exclusive Farm Use zones shall comply with State Statute and Oregon Administrative Rule. FINDING: The Applicant is requesting approval of a plan amendment to amend the Agriculture designation on the subject property to Redmond Urban Growth Area as allowed under OAR 660- 039-0090. The Applicant has submitted a separate, related application to the City of Redmond to amend the Redmond Urban Growth Boundary and Redmond Comprehensive Plan. The Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 20 of 36 Applicant will pursue a subsequent application process through the City of Redmond to annex, rezone and master plan the property for residential, including 50 percent affordable housing, and mixed -use development. The Hearings Officer finds this policy is not applicable to the application. Section 2.3 Forests FINDING: The Hearings Officer finds this section does not apply because the subject property is not located in a forest, or on land designated as Forest on the Comprehensive Plan map. The proposal does not impact any forest lands. Section 2.4, Goal 5 Overview Policies Goal 1. Protect Goal 5 resources FINDING: The only nearby Goal 5 resource is Mineral and Aggregate Site #482, which is identified as 151300-00-00103, Negus Landfill, with a Comprehensive Plan and zoning designation of Surface Mining (SM). The SM land abuts the eastern boundary of the subject property and will not be adversely affected. Access to the Negus Landfill via NE Maple Avenue will remain unchanged. The Hearings Officer notes that the City of Redmond during annexation could record a deed restriction requiring any subsequent development to record a waiver of remonstrance as described in DCC 18.562.120 in the SM zone. The Hearings Officer finds the proposal is consistent with this Goal. Goal 5 Policies 2.4.1 through 2.4.5 focus on amending the County's Goal 5 inventory. The Hearings Officer thus finds those policies are not applicable. Section 2.5, Water Resources Policies FINDING: The subject property has no water rights and has never been irrigated. The plan amendment does not involve any water resources. The Hearings Officer finds the policies in this section are not applicable. The proposal does not impact any water resources. Section 2.6, Wildlife FINDING: There are no Goal 5-listed wildlife species present on the subject property, based on the Goal 5 inventory nor threatened or endangered species. There is no identified wildlife habitat on the subject property. The Hearings Officer finds the policies in this section are not applicable. Section 2.7, Open Spaces, Scenic Views and Sites Goal 1. Coordinate with property owners to ensure protection of significant open spaces and scenic views and sites. FINDING: The site is not zoned Open Space and Conservation (OS&C) and is not considered a significant open space based on any natural amenities present on the site. The Applicant notes there are scenic views of the Cascade Range to the west, but that future development will not negatively impact any views from existing homes or the BLM land to the east. The Eastside Framework Plan designates public spaces, but the subject property does not contain any of such designations. The Hearings Officer finds that this policy does not apply Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 21 of 36 because, at the time of development, the property will be under the City of Redmond's land use authority. The proposal does not impact any lands that have been designated open space or scenic views. Policy 2.7.1 Goal 5 open spaces, scenic views and sites inventories, ESEEs and programs are retained and not repealed. FINDING: The Hearings Officer finds the proposal will not impact any Goal 5 inventories or protection programs. Policy 2.7.2 Cooperate with stakeholders to establish a comprehensive system of connected open spaces. FINDING: Throughout the process of establishing the Eastside Framework Plan, the City of Redmond identified open space, trails, and connections for a comprehensive network. The Master Development Plan for the site identifies areas for a comprehensive system of connected open spaces by spreading them around the neighborhood, then connecting them with trails along landscaped corridors. Open spaces will be a combination of active and passive spaces. The Hearings Officer finds the proposal is consistent with this policy. Policy 2.7.3 Support efforts to identify and protect significant open spaces and visually important areas including those that provide a visual separation between communities such as the open spaces of Bend and Redmond or lands that are visually prominent. FINDING: The project site lies adjacent to the City of Redmond, rather than between Redmond and Bend. There is no evidence of any significant open spaces or visually important and/or visually prominent areas on the subject parcel.5 Policy 2.7.4 Encourage a variety of approaches that protect significant open spaces and scenic views and sites. FINDING: The subject property does not contain significant open or scenic views and sites. Nevertheless, the City of Redmond through the Eastside Framework Plan and subsequent development of the site can protect open spaces as well as scenic views and sites in subsequent land use permitting on the property. The City's site plan development code requires identification of land for open space. The Hearings Officer finds that the proposal is consistent with this policy. Policy 2.7.5 Encourage new development to be sensitive to scenic views and sites. FINDING: The plan amendment does not approve any development at this time. The Hearings Officer finds this policy does not apply to the subject proposal. However, when the City annexes the land into the UGB and applies residential zoning to the subject parcel, the city code will address scenic views and sites for consistency with the Eastside Framework Plan and local code requirements. The Hearings Officer finds that the proposal is consistent with this policy. Section 2.8 Energy Policies 5 As set forth in the Staff Report, Staff believes this policy is directed toward the property zoned OS&C on US 97 between Bend and Redmond. Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 22 of 36 Goal 1. Promote energy conservation. Goal 2. Promote affordable, efficient, reliable and environmentally sound energy systems for individual home and business consumers. Goal 3. Promote affordable, efficient, reliable and environmentally sound commercial energy facilities. FINDING: The Application does not result in any immediate development; the Hearings Officer finds these goals do not apply. Nonetheless, the Eastside Framework Plan includes a variety of residential densities and mixed uses, which will result in energy conservation, the details of which will be developed and provided during the time of master development and subdivision. Redmond's "Affordable Housing Pilot Project" submittal to the state included emphasis on walkable links and transit, measures which will result in energy conservation by reduced use of single -occupant vehicles. The City of Redmond's development code will address these issues when applications for development of the site are submitted. Section 2.9 Environmental Quality Goal 1. Maintain and improve the quality of the air, water and land. Goal 2. Promote sustainable building practices that minimize the impacts on the natural environment. Goal 3. Encourage and increase recycling FINDING: The Application will not result in immediate development. The Hearings Officer finds these goals and their policies do not apply. The City of Redmond development code will provide the review criteria when the Skyline Village tract develops. Section 2.10 Surface Mining FINDING: The Hearings Officer finds this goal does not apply as the land is not designated SM in either the Comprehensive Plan map or the zoning code. The Skyline Village tract contains no Goal 5 aggregate or mineral resources based on review of Section 5.8 of the Comprehensive Plan. The plan amendment does not seek to modify or amend the County's Goal 5 Aggregate and Mineral inventory list or the Goal 5 program. Section 2.11 Cultural and Historic Resources Finding: The Hearings Officer finds this goal does not apply as the Skyline Village tract does not contain any sites listed in the Goal 5 inventory of cultural and historic resources based on a review of Section 5.9 of the Comprehensive Plan. The plan amendment does not seek to modify or amend the County's Goal 5 Cultural and Historic Resources Inventory nor does it seek to amend the County's Goal 5 program. Chapter 3, Rural Growth Management Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 23 of 36 Section 3.3, Rural Housing Policies Goal 1. Maintain the rural character and safety of housing in unincorporated Deschutes County. FINDING: The Hearings Officer finds the proposed amendment will not adversely impact the rural character and safety of housing in unincorporated Deschutes County, as the proposal is to change the Comprehensive Plan designation from Agriculture to Redmond Urban Growth Area. The site is within the Redmond Urban Reserve Area (RURA) Combining Zone. Thus, the subject property was never intended to contain rural housing. There are County -zoned lands on three sides of the subject parcel. To the west and north is EFU-TRB containing a half -dozen single-family homes on parcels ranging from 5 to 9.5 acres. Another portion of land to the north is RR-10, but contains the Missing Link golf course and to the northeast is land zoned RR-10, which contains the High Desert Sports Complex. To the east is SM land, which includes the Negus Transfer Station. As noted above, one member of the public testified at the public hearing, raising concerns of compatibility of future development of the site with existing adjacent industrial -zoned properties. The Hearings Officer finds that the City intends to annex the property and review development applications pursuant to its zoning code. At that time, any mitigation measures determined to be necessary to provide adequate separation of adjacent uses will be addressed. The development of the affordable housing must conform to the city's Master Plan Development requirements which includes Great Neighborhood Principles. One of those principles is to establish appropriate urban -rural interfaces including buffer distances of 100' and transitions to lower densities of development. The Hearings Officer notes that the requirements of Redmond's development code will protect the rural character and safety of existing adjacent rural housing. The Hearings Officer finds the proposal complies with this Goal. Policy 3.3.1 Except for parcels in the Westside Transect Zone, the minimum parcel size for new rural residential shall be 10 acres. FINDING: The plan amendment will not create any new rural residential parcels. Any subsequent land division will occur under the City of Redmond development code. The Hearings Officer finds this policy does not apply. Policy 3.3.2 Incorporate farm and forest housing reports into a wider system for tracking the cumulative effects of rural housing development. FINDING: The plan amendment will not result in any new rural housing developments. Any housing development will occur based on the City of Redmond development code. The Hearings Officer finds this policy does not apply. Policy 3.3.4 Encourage new subdivisions to incorporate alternative development patterns, such as cluster developments, that mitigate community and environmental impacts. FINDING: The plan amendment will not result in any new subdivisions under County code. Development will occur under City of Redmond development code once annexation occurs. The Eastside Framework Plan will result in a denser urban development pattern, which complements Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 24 of 36 greater pedestrian travel and use of transit, both of which mitigate community and environmental impacts. The Hearings Officer finds this policy does not apply. Policy 3.3.5 Maintain the rural character of the County while ensuring a diversity of housing opportunities, including initiating discussions to amend State Statute and/or Oregon Administrative Rule to permit accessory dwelling units in the Exclusive Farm Use, Forest and Rural Residential zones. FINDING: The plan amendment is a required step under OAR 660-039 to allow qualifying cities to develop affordable housing on lands without having to go through the UGB expansion process of OAR 660-024. Development of the resulting parcel, once annexed, will be reviewed under the Redmond development code. The Eastside Framework Plan contains a diversity of housing opportunities. The Hearings Officer finds this policy does not apply, but the pilot project for affordable housing is consistent with the policy. Goal 2. Support agencies and non -profits that provide affordable housing. FINDING: The Board of County Commissioners adopted Resolution of Support 2018-029 on July 11, 2018, supporting the City of Redmond's application to the State's request for pilot projects for affordable housing. Further, the County conditionally granted the 40 acres of the subject property, provided the subsequent development is consistent with OAR 660-039. The Hearings Officer finds the proposal is consistent with this goal. Policy 3.3.6 Support Central Oregon Regional Housing Authority and other stakeholders to meet the housing needs of all Deschutes County residents. a. Assist as needed in coordinating and implementing housing assistance programs. b. Support efforts to provide affordable and workforce housing in urban growth boundaries and unincorporated communities. FINDING: The City of Redmond is a stakeholder to meet the needs of all Deschutes County residents as those living in cities are also County residents. The Board of County Commissioners' passing of Resolution 2018-029 ("A Resolution of Support for the City of Redmond's Application for DLCD Affordable Housing Pilot Project Initiative") and donation of the subject 40-acre parcel buttresses efforts to provide affordable housing for County residents. The Hearings Officer finds the proposal is consistent with this policy. Policy 3.3.7 Utilize block grants and other funding to assist in providing and maintaining low and moderate income housing. FINDING: The County will provide the subject parcel to support the subsequent development of the affordable housing pilot project. The pilot project requires that 30% of the housing units be affordable, but the City of Redmond has exceeded that baseline requirement by promising 50% of the housing units will be affordable. The Hearings Officer finds the proposal is consistent with this policy. The Hearings Officer finds the remaining policies (3.3.8 through 3.3.9.7) concern the Westside Transect on the west side of Bend and are not applicable. Section 3.4, Rural Economy Policies Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 25 of 36 Goal 1. Maintain a stable and sustainable rural economy, compatible with rural lifestyles and a healthy environment. FINDING: The plan amendment will change the Comprehensive Plan designation from Agriculture to a Redmond Urban Growth Area (RUGA). By definition, the subject parcel will no longer be intended for rural uses. The subject parcel adjoins rural parcels zoned EFU-TRB, RR- 10, and SM. The County zones allow rural economic activities and these will still be allowed after the plan amendment. The Redmond development code's requirements for screening, buffering, and landscaping will ensure development of the subject property will be compatible with the surrounding rural parcels. In fact, development of 485 residential units could provide a market of potential customers within close proximity to the rural economic uses allowed in the County -zoned lands. Among the potential uses in the EFU zone are wineries and agri-tourism. The RR-10 zone allows for home occupations, and the SM zone has extractive uses which can be used in home landscaping. The Hearings Officer finds the proposal is consistent with this goal. The Hearings Officer finds the remaining polices (3.4.1 through 3.4.35) concern either uses not occurring on the subject parcel currently or are inapplicable as the parcel is zoned EFU and not Rural Commercial (RC) or Rural Industrial (RI). Section 3.5, Natural Hazards Goal 1. Protect people, property, infrastructure, the economy, and the environment from natural hazards. FINDING: The Comprehensive Plan lists the three highest priorities for natural hazard protection as against wildfire, severe winter storms, and flooding. The subject parcel is vacant and has no infrastructure. Post -annexation, the subject parcel will be in the City of Redmond, which will provide fire protection through its Fire and Rescue Department and snow removal through its Road Department. The subject parcel does not contain any lands designated floodplain or floodway. Drainage and storm water will be addressed as part of the master plan development. The Hearings Officer finds the proposal is consistent with this goal. The remaining policies (3.5.1 through 3.5.11) are specific to rural properties, which the subject property will no longer be should the plan amendment be approved. The Hearings Officer finds the policies are inapplicable. Section 3.6, Public Facilities and Services Goal 1. Support the orderly, efficient and cost-effective siting of rural public facilities and services. FINDING: The site will be annexed into the City of Redmond and provided with municipal facilities and services which are operated and maintained by the City. Thus, there will be no rural public facilities and services on the subject property. The Hearings Officer finds this goal is inapplicable. Section 3.7, Transportation Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 26 of 36 FINDING: The site will be annexed into the City of Redmond and served by City transportation facilities and services. Under the Joint Area Management Agreement between City of Redmond and Deschutes County, jurisdictional transfer of roads is accomplished as part of annexation. The site is currently served by NE Maple Avenue and a Local Access Road (LAR) leading into the Negus Transfer Station. Adequacy of current and future transportation facilities will be reviewed per the Redmond development code as proposals to develop the land are considered in the future. OAR 660-039-0030(1)(c) exempts affordable housing pilot projects from the OAR 660-012, the Transportation Planning Rule (TPR). The Hearings Officer finds the proposal is consistent with this section. Section 3.8, Rural Recreation Goal 1. Promote a variety of passive and active park and recreation opportunities through a regional system that includes federal and state parks and local park districts. FINDING: The City of Redmond has a Redmond Area Parks and Recreation District (RAPRD) and the Eastside Framework Plan identified various parks and/or public spaces. Additionally, the subject parcel will remain in close proximity to Missing Link Golf Course and the High Desert Sports Complex. The Hearings Officer finds the proposal is consistent with this goal. Policy 3.8.1 Cooperate with public agencies and local park districts to provide park and recreation lands, facilities, and opportunities. a. The Statewide Comprehensive Outdoor Recreation Plan and State Park Master Plans shall serve as a basis for coordination on County -wide park and recreation issues. b. Support exceptions to Statewide Planning Goals for urban fringe areas owned or acquired by and operated by park and recreation districts. FINDING: The Hearings Officer finds the County's conditional agreement to grant ownership of the 40-acre subject parcel to the City of Redmond is consistent with this policy. Additionally, OAR 660-039-030 exempts the approved affordable housing pilot project from the requirement to obtain a goal exception for several Statewide Planning Goals, including Goal 3 (Agriculture). The Hearings Officer finds the proposal is consistent with this policy. The remaining policies (3.8.2 through 3.8.10) pertain to rural County lands, which the subject property will no longer be should the plan amendment be approved. The Hearings Officer finds the policies are inapplicable. Section 3.9, Destination Resorts FINDING: The Hearings Officer finds these goals and policies do not apply as the subject property does not have a Destination Resort Overlay zone, nor is the proposed plan amendment for a destination resort. Section 3.10, Area Specific Plans and Policies FINDING: There are no specific area plans that apply to the subject property. The Hearings Officer finds this section and its policies are inapplicable. Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 27 of 36 Chapter 4, Urban Growth Management Section 4.2, Urbanization Policies Goal 1. Coordinate with cities, special districts and stakeholders to support urban growth boundaries and urban reserve areas that provide an orderly and efficient transition between urban and rural lands. FINDING: The proposal is uniquely applicable to Urban Growth Management Goal 1 in that it is the direct outcome of the State's pilot program for affordable housing and the City of Redmond's Eastside Framework Plan. HB 4079, which established the affordable housing pilot program, was a result of cooperation between cities, counties, stakeholders, affordable housing advocates, and the Legislature. The City of Redmond and Deschutes County coordinated with respect to selection of the subject parcel for the future Skyline Village, as well as in preparing and submitting the application to the State for consideration for the pilot program. The Applicant summarized the coordination process as follows: • The City of Redmond and Deschutes County are conducting a joint land use review and public hearing process to concurrently review proposed amendments to the UGB, the County Comprehensive Plan and the City's zoning map. As part of this process, the City and the County conducted a joint pre -proposal conference with the applicant and the applicant (DSL) has continued to coordinate regularly with City and County staff in regard to the proposed amendments. • The Eastside Framework Plan and master plan development will include a 100' land use buffer to aid in the transition from urban to rural on all sides where the development borders County -zoned land. The Hearings Officer finds the proposal is consistent with this goal. Policy 4.2.1. Participate in the processes initiated by cities in Deschutes County to create and/or amend their urban growth boundaries. FINDING: Deschutes County has participated in each phase of the City of Redmond's involvement with the Affordable Housing Pilot Program from identifying an appropriate site, passing Board Resolution 2018-029 supporting the City's application to the pilot program, negotiating the transfer of the subject 40-acre parcel, reviewing subsequent materials related to adjusting the City's UGB, and considering an amendment to the County's Comprehensive Plan. Pursuant to state regulations and HB 2079, the County need only consider and approve the subject application to amend the Comprehensive Plan map designation of the subject property from Agriculture to Urban Growth Area. The City of Redmond is concurrently pursuing applications to amend the City Comprehensive Plan and Urban Growth Boundary. The Hearings Officer finds the proposal is consistent with this policy. Policy 4.2.2. Promote and coordinate the use of urban reserve areas. FINDING: The subject parcel lies in an area identified as a Redmond Urban Reserve Area. The Comprehensive Plan amendment from Agriculture to Urban Growth Area and subsequent Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 28 of 36 development would be the result of promotion of the site as a candidate for HB 2079 and coordination between the City of Redmond and Deschutes County. The Hearings Officer finds the proposal is consistent with this policy. Goal 2. Coordinate with cities, special districts and stakeholders on urban growth area zoning for lands inside urban growth boundaries but outside city boundaries. Goal 3. Coordinate with cities, special districts and stakeholders on policies and zoning for lands outside urban growth boundaries but inside urban reserve areas. FINDING: The proposal seeks to redesignate the Comprehensive Plan map from Agriculture to Urban Growth Area. Subsequently, the City of Redmond will bring the subject property into the Redmond UGB and annex the subject property.6 The Hearings Officer finds that Goals 2 and 3 are not applicable to properties within city boundaries. Goal 4. To build a strong and thriving regional economy by coordinating public investments, policies and regulations to support regional and state economic development objectives in Central Oregon. FINDING: The Comprehensive Plan amendment will enable a thriving regional economy. The City of Redmond and Deschutes County have coordinated on policies to implement the Affordable Housing Pilot project, aka Skyline Village, on the subject parcel. The building of 485 units, of which the state mandates at least 30 percent must be affordable and Redmond has agreed that 50 percent will be affordable, will contribute to economic development in the region. Having an adequate supply of affordable housing is fundamental to aiding in economic development efforts in the region. The Hearings Officer finds the proposal is consistent with this goal. The Hearings Officer finds the remaining policies (4.2.12 through 4.2.19) pertain to large -lot industrial development and are not applicable to this proposal. 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 ensures the opportunity for citizens to be involved in all phases of the planning process. FINDING: The Hearings Officer finds the application for the proposed Comprehensive Plan amendment complies with the procedure required by the Deschutes County Development Code, including two public hearings —first with a Hearings Officer, then with the Board of County Commissioners —and notice of the hearing published in a newspaper (the Bend Bulletin) at least ten days in advance. Public agencies affected by this amendment were involved throughout the development of the proposal. In accordance with the Deschutes County Code, property owners potentially affected by the amendment (in this case, within 750 feet of the applicant property) were provided notice of the proposed amendment and hearing. The Hearings Officer finds the published and mailed notices complied with DCC 22.12.020 requirements. 6 The City is not required to go through the UGB expansion process set forth in OAR 660-024, per OAR 660-039. Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 29 of 36 The Hearings Officer finds the proposal is consistent with Goal 1. 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: Applications were submitted to both Deschutes County and the City of Redmond in accordance with the land use planning processes established in each jurisdiction. The proposal is supported by a factual base of analyses of the region's economy and the need for affordable housing, consistent with state, regional and local requirements for decisions related to UGB amendments. This application is processed in accordance with the procedures applicable to plan amendments in the County's Comprehensive Plan and zoning ordinance. The Hearings Officer finds the proposal is consistent with Goal 2. Goal 3, Agricultural Lands. To preserve and maintain agricultural lands. FINDING: OAR 660-039-0030(1)(c) does not require an approved affordable housing pilot project to comply with Goal 3. The Hearings Officer finds Goal 3 is inapplicable. 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: OAR 660-039-0030(1)(c) does not require an approved affordable housing pilot project to comply with Goal 4. The Hearings Officer finds Goa 4 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 subject property does not include any significant historic or natural resources. It does not include any wetlands, habitat for sensitive, threatened or endangered plant or animal species, wilderness values, and no mineral potential or mineral rights. Historic and cultural resources surveys indicate that the subject property was not occupied be prehistoric or historic peoples and contains no significant historic or cultural resources. The site also does not contain approved Oregon Recreational Trails or inventoried scenic areas. It is not listed as a Goal 5 resource in the Deschutes County Comprehensive Plan. The soils on the subject property are not considered High Value Farm Land and have never been used for growing crops or perennials. The property is east of the Cascade Range, has never been within an irrigation district boundary or a decree by the state's Water Resources Department. The land has never had wine grapes grown and is higher than 3,000 feet above sea level. The Hearings Officer finds the proposal is consistent with Goal 5. Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 30 of 36 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: OAR 660-039-0030(1)(c) does not require an approved affordable housing pilot project to comply with Goal 6. The Hearings Officer finds Goal 6 is inapplicable. Goal 7, Areas Subject to Natural Disasters and Hazards. To protect people and property from natural hazards. FINDING: There are no areas on the site that are subject to flooding or landslide activity. Wildfire hazards are not substantially different from other areas within or adjacent to the Redmond UGB, and development of the site could improve fire protection by providing access and water infrastructure. The Redmond Fire District has supplied a resolution stating that it will protect this area as it is within their fire district. The Hearings Officer finds that 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: OAR 660-039-0030(1)(c) does not require an approved affordable housing pilot project to comply with Goal 8. The Hearings Officer finds Goal 8 is inapplicable. 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: OAR 660-039-0030(1)(c) does not require an approved affordable housing pilot project to comply with Goal 9. The Hearings Officer finds Goal 9 is inapplicable. Goal 10, Housing. To provide for the housing needs of citizens of the state. FINDING: OAR 660-039-0030(1)(c) does not require an approved affordable housing pilot project to comply with Goal 10. The Hearings Officer finds Goal 10 is inapplicable. The Fair Housing Council of Oregon and the Housing Land Advocates submitted a joint letter, dated December 8, 2020, in which the entities urged consideration of Goal 10, notwithstanding the exemption provided under OAR 660-039-0030(1)(c). The letter states, in relevant part: Both HLA and FHCO are non-profit organizations that advocate for land policies and practices that ensure an adequate and appropriate supply of affordable housing for all Oregonians. FHCO's interests relate to a jurisdictions obligation to affirmatively further fair housing.... When a decision is made affecting the residential land supply, the County must refer to its Housing Needs Analysis (HNA) and Buildable Land Inventory (BLI) in order to show that an adequate number of needed housing units (both housing type and affordability level) will be supported by the residential land supply after enactment of the proposed change, and as explained below, the County should consider member cities HNAs and Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 31 of 36 BLIs in this instance to measure the effect of the pilot project. Goal 10 findings are also required for code changes affecting residential development feasibility, such as parking and standards. The staff report for 247-20-000440-PA recommends its approval and both HLA and FHCO agree. We also commend Deschutes County for its participation in the Affordable Housing Program Pilot Project. However, the report does not include findings for Statewide Planning Goal 10, describing the effects of the amendments on the County. While we recognize that because this is a pilot program, the Oregon Administrative Rule 660-039 stipulates that Goal 10 does not apply. Nonetheless, the amendments will have an impact on both the BLI and HNA. These impacts will arise and need to be explained when the County has to report on the pilot project to the Land Conservation and Development Commission (LCDC). It would behoove the County to be able to discuss those impacts in advance, to assist in the determination of the effectiveness of the pilot program. The Hearings Officer finds that, while it is possible that analysis of Goal 10 consistency could be helpful in determining the effectiveness of the pilot program in the City of Redmond, OAR 660- 039-0030(1)(c) explicitly exempts the application from consideration under Goal 10. The Hearings Officer further notes that the County itself is not a participant in the pilot program, but is supporting the City of Redmond in that city's participation in the program. HB 4079 and HB 2336 allow cities, not counties, to apply to participate in the pilot program. In this regard, the City of Redmond, and not Deschutes County, will report on the effectiveness of the pilot program once the subject property is annexed and rezoned by the City, and developed pursuant to the City's development code. Finally, the Hearings Officer notes the processes under the pilot program, of which the current application is but an initial step, will result in vacant land, currently zoned EFU and which has never been irrigated, farmed or developed, to be available for housing development. The City of Redmond will require 50% (which is more than the minimum 30% required by state law) of developed units to meet the requirements of affordable housing. 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: Under OAR 660-039-0030(1)(d), qualifying cities in the Affordable Housing Pilot Project are exempt from this goal, except that portion detailing the impact of the project to existing and planned public facilities within the qualifying city's UGB. A memo from City Engineer Mike Caccavano states that the subject parcel can reasonably be served by public facilities and services. The providers of public facilities and services have the capacity and financial resources to serve development on the site as proposed in the concept plan. The parcel can be served by city sewer and water as well as the existing street network. Specifically, the water system will easily provide flow exceeding the 1,500 gpm residential fire flow standard. A 12-inch sewer line in NE Kingwood Avenue is deep enough to serve most of the site with gravity sewer. A pump station will be needed to serve the northeast corner of the site until the master planned Far East Sewer Interceptor is constructed. In accordance with City of Redmond policy, the pump station would be operated and maintained by a homeowner's association. The 12-inch sewer in NE Kingwood Avenue has sufficient capacity to serve its sewer basin at buildout, along with the proposed 40-acre affordable housing development. An 8-inch sewer does not have sufficient capacity, so approximately 750 feet of 12-inch sewer line will need to be installed to extend the line to the Eastside Sewer Interceptor. There is a second option for Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 32 of 36 sewer in the City's Wastewater Collection System Master Plan. Initial phases of the project totaling 150 units can be served with existing sewer, and the remaining development can be served by either of two options for construction of new sewer lines. The Hearings Officer finds the application is consistent with Goal 11. Goal 12, Transportation. To provide and encourage a safe, convenient and economic transportation program. FINDING: OAR 660-039-0030(1)(c) does not require an approved affordable housing pilot project to comply with Goal 12. The Hearings Officer finds Goal 12 is inapplicable. Goal 13, Energy Conservation. To conserve energy. FINDING: OAR 660-039-0030(1)(c) does not require an approved affordable housing pilot project to comply with Goal 13. The Hearings Officer finds Goal 13 is inapplicable. 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: Under OAR 660-039-0030(1)(b), qualifying cities under the Affordable Housing Pilot Project are exempt from complying with the Land Need and Boundary Location provisions of this goal. Nonetheless, the proposal has taken into account the concepts of Goal 14 in two ways. First, the subject property is within the Redmond Urban Reserve Area (RURA) and is intended to convert from rural to urban zoning. The Eastside Framework Plan provides for an orderly and efficient transition from rural to urban uses and the varying residential densities and mixed uses provide for efficient use of the land within the Eastside Framework Plan. Second, the subject parcel is close to the existing Redmond UGB, can be served by a direct extension of public facilities, and the proposed use of the land is compatible with adjacent uses. The Hearings Officer finds the proposal is consistent with Goal 14. Goals 15 through 19. The Hearings Officer finds 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 REVISED STATUTES (ORS) ORS 197.298, Priority of Land to be Included within Urban Growth Boundary (1) In addition to any requirements established by rule addressing urbanization, land may not be included within an urban growth boundary of Metro except under the following priorities: (a) First priority is land that is designated urban reserve land under ORS 195.145 (Urban reserves), rule or metropolitan service district action plan. (b) If land under paragraph (a) of this subsection is inadequate to accommodate the amount of land needed, second priority is land adjacent to an urban growth Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 33 of 36 boundary that is identified in an acknowledged comprehensive plan as an exception area or nonresource land. Second priority may include resource land that is completely surrounded by exception areas unless such resource land is high -value farmland as described in ORS 215.710 (High -value farmland description for ORS 215.705). (c) if land under paragraphs (a) and (b) of this subsection is inadequate to accommodate the amount of land needed, third priority is land designated as marginal land pursuant to ORS 197.247 (1991 Edition). (d) If land under paragraphs (a) to (c) of this subsection is inadequate to accommodate the amount of land needed, fourth priority is land designated in an acknowledged comprehensive plan for agriculture or forestry, or both. FINDING: The subject parcel is designated Redmond Urban Reserve Area (RURA) and would thus be a first priority land. The Hearings Officer notes OAR 660-039-0030(1)(a) does not require compliance with this statute. Moreover, the regulations set forth in OAR Chapter 660-024 regarding urban growth boundaries, are not applicable per OAR 660-039-0030(1)(a). DIVISION 39, AFFORDABLE HOUSING PILOT PROJECT Section 660-039-0090. Subsequent Events (1) Upon selection by the commission as provided in OAR 660-039-0080(4), the qualifying city shall: (a) In concert with the county in which the urban growth boundary is located, amend the urban growth boundary to include the pilot project site, and identify the provisions of law and rules pursuant to OAR 660-039-0030 relating to urban growth boundary amendments that are not applied to allow the pilot project site to be included within the urban growth boundary; (b) Annex the pilot project site to the qualifying city within two years of the acknowledged urban growth boundary amendment; (c) Adopt plan and zone designations for the pilot project site that authorize development of the concept plan included in the application; (d) Adopt measures ensuring that affordable housing developed on the pilot project site remains affordable for a period of at least 50 years after the selection of the pilot project site; and (e) Issue permits for development on the pilot project site only after annexation of the site to the qualifying city and adoption of measures ensuring that housing developed on the pilot project site will continue to be used to provide affordable housing for a period of at least 50 years after the selection of the pilot project site. FINDING: The City has submitted the appropriate land use application to the County to change the County Comprehensive Plan designation of the subject parcel, aka Skyline Village. The City has filed a separate, related application to the City of Redmond to amend the Redmond Urban Growth Boundary and Redmond Comprehensive Plan. The City will then annex the parcel and initiate a land use application to apply the City of Redmond development codes to develop land uses on the subject parcel consistent with the City's Affordable Housing Pilot Program application and the Eastside Framework Plan. The Land Donation Agreement granting the 40-acre subject parcel from the County to the City contains conditions to ensure the development of affordable housing consistent with OAR 660-039. The Hearings Officer finds the application meets the requirements of this administrative rule. Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 34 of 36 (2) For a post -acknowledgement plan amendment or land use regulation change under OAR chapter 660, division 18 that proposes amendments with any effect upon existing comprehensive plan designations or provisions that impact residential development, or land use regulations that impact residential development, the qualifying city may not, for a period of 50 years after approval of the pilot project by the commission, consider the existence of housing units existing or approved on the pilot project site when making findings regarding the proposed amendment. FINDING: The plan amendment is not being processed under OAR 660-018; the Hearings Officer finds this administrative rule is not applicable. The Hearings Officer notes the City is aware of the implication of this rule on subsequent post -acknowledgement plan amendments. (3) The qualifying city for the pilot project site selected by the commission may not plan or zone the site to allow a use or mix of uses not authorized by the commission unless the qualifying city, in concert with the county, withdraws the pilot project site from the urban growth boundary and rezones the site pursuant to law, statewide land use planning goals and land use regulations implementing the goals that regulate allowable uses of land outside urban growth boundaries. FINDING: The land use application requests amendment of the Deschutes County Comprehensive Plan map to change the designation of the subject property from Agriculture to Redmond Urban Growth Area. The City is pursing separate, related applications to the City of Redmond to amend the Redmond Urban Growth Boundary and the Redmond Comprehensive Plan. The City will then annex and apply its development code to the subject parcel to implement the Affordable Housing Pilot Project. The Hearings Officer finds this administrative rule is met. IV. CONCLUSION & RECOMMENDATION: Based on the foregoing Findings of Fact and Conclusions of Law, the Hearings Officer finds that the Applicant has met the burden of proof necessary to justify changing the Plan Designation of the subject property from Agriculture to Redmond Urban Growth Area through effectively demonstrating compliance with the applicable criteria of DCC Title 22, the Deschutes County Comprehensive Plan, and applicable sections of OAR and ORS. The Deschutes County Board of Commissioners is the final local review body for the application before the County. DCC 18.136.030. The Hearings Officer recommends approval of the requested plan amendment. Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 35 of 36 Stephanie Marshall, Deschutes County Hearings Officer Dated this 16th day of December, 2020 Mailed this 16th day of December, 2020 Exhibit F, Ordinance 2021-005 File No. 247-20-000440-PA Hearings Officer Decision and Recommendation Page 36 of 36 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 June 16, 2021 DATE: June 7, 2021 FROM: Peter Russell, Community Development, 541-383-6718 TITLE OF AGENDA ITEM: Consideration of First and Second Reading of Ordinance 2021-005 to Amend the Deschutes County Comprehensive Plan Map Designation from Agriculture to Redmond Urban Growth Area and Adjust the Redmond Urban Growth Boundary RECOMMENDATION & ACTION REQUESTED: Approve BACKGROUND AND POLICY IMPLICATIONS: Ordinance 2021-005 implements the Board's approval at a May 26, 2021, public hearing to amend the Deschutes County Comprehensive Plan map on 40 acres to accommodate Skyline Village, an affordable housing project by the City of Redmond. The City had applied to the County for the plan amendment and Urban Growth Boundary (UGB) adjustment in File 247-20- 000440-PA, which a hearings officer on December 16, 2020, recommended be approved. The Board held a work session on January 13, 2021, and a public hearing on May 26. The Board approved the application, and citing the lack of affordable housing in Central Oregon, determined the implementing ordinance should be based by emergency. FISCAL IMPLICATIONS: None ATTENDANCE: Peter Russell, Senior Transportation Planner, CDD MEMORANDUM DATE: June 7, 2021 TO: Board of County Commissioners FROM: Peter Russell, Senior Transportation Planner RE: June 16 Consideration of First and Second Reading of Ordinance 2021-005 to implement amendment to the Deschutes County Comprehensive Plan to change the designation of 40 acres of County -owned land from Agriculture to Redmond Urban Growth Area and expand the Redmond Urban Growth Boundary to accommodate Skyline Village affordable housing pilot project (File 247-20-000440-PA). I. BACKGROUND The City of Redmond successfully applied for a pilot project as set forth in House Bill 4079 (2016) and HB 2336 (2019) to let selected cities develop affordable housing units outside of their current Urban Growth Boundaries (UGB). The Land Conservation and Development Commission (LCDC) selected Redmond's Skyline Village proposal (2018) as well as approving the implementing administrative rule, Oregon Administrative Rule (OAR) 660-039, for the program. The subject property, a 40-acre parcel, is part of an approximately 1,611-acre parcel owned by Deschutes County. Deschutes County on December 18, 2019, provided a conditional granting of 40 acres to the City of Redmond (Deschutes County Document 2019-847). The County conditioned the transfer that an agreed -upon fifty (50) percent of the housing on the 40 acres would be affordable. The land will be transferred following its partition by the City. City of Redmond applied for a quasi-judicial plan amendment (File 247-20-000440-PA) on June 20, 2020. The application changes the Comprehensive Plan designation from Agriculture to Redmond Urban Growth Area (RUGA) for a 40 acres within a 1,611-acre piece of County owned land. The County held a public hearing before a hearings officer on December 8, 2020. The hearings officer issued her recommendation to approve on December 16, 2020. As the property involves agricultural land, by County code the Board of County Commissioners (Board) is the decision maker. The Board held a work session on January 13, 2021, and a public hearing on May 26, 2021. The Board decided to approve the application and determined the implementing ordinance would be done by emergency. Attachments: 1. Ordinance 2021-005 117 NW Lafayette Avenue, Bend, Oregon 97703 P.O. Box 6005, Bend, OR 97708-6005 '` (541) 388-6575 CO cdd@deschutes.org www.deschutes.org/cd 2. Exhibit A, Amendment to DCC 23.10.01, Introduction 3. Exhibit B, Legal description for 40-acre parcel for Skyline Village 4. Exhibit C, Skyline Village Comprehensive Plan Map Amendment 5. Exhibit D, Deschutes County Comprehensive Plan Chapter 4, Text Amendment - Section 4.2 6. Exhibit E, Comprehensive Plan Text Amendment - Section 5.12 Legislative History 7. Exhibit F, Decision of Deschutes County Hearings Officer Page 2 of 2