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HomeMy WebLinkAboutOrdinance 2012-014 Exhibit E FindingsExhibit E to Ordinance 2012-014 Page 1 of 13 FINDINGS The Deschutes County Planning Commission (Planning Commission) held public hearings on October 25 and November 8, 2012 on Ordinance 2012-014 to consider legislative plan amendments to the Deschutes County Comprehensive Plan, to formally recognize an area specific plan, titled, Newberry Country: A Plan for Southern Deschutes County (South County Plan).1 The Planning Commission closed the hearing on [date] and forwarded a recommendation of adoption to the Board of County Commissioners (Board). I. BACKGROUND Scope of Work The Board approved an eighteen month scope of work in December 2011 to develop an area-specific plan for South County that upon completion can be adopted into the Comprehensive Plan. Revising the Comprehensive Plan ensures that a South County Plan continues to address the area’s unique assets, community-wide issues, and planning efforts being undertaken by La Pine, Sunriver, La Pine Park and Recreation District and state and federal agencies. By reengaging residents and stakeholders, the County’s intent is to create a plan that reflects local values and preferences for growth and development, the environment, natural hazards, transportation and more. Community Engagement Techniques The following discussion of the public outreach process provides context for the development of the South County Plan goals and policies. The key was interacting with as many people as possible. Spanning eight months, from January to August 2012, the County employed techniques designed to promote inclusive and meaningful public involvement. The County’s outreach efforts are summarized below: Community Meetings: Conducted nine evening meetings in La Pine and Sunriver, allowing residents and stakeholders to provide recommendations and suggestions about growth and development issues. Website: Regularly updated a website at www.deschutes.org/southcountyplan. Survey Monkey: A twenty question land use survey was posted from March 1 to April 30. Schools: Staff coordinated with the Bend-La Pine School District and Parent Teacher Associations (PTA), culminating in meetings with the Three Rivers Elementary School PTA. 1 A public notice was published in the Bulletin on September 30, 2012. Exhibit E to Ordinance 2012-014 Page 2 of 13 Organizations: Staff met with non-governmental and governmental organizations that have a regular presence in South County. Interviews: Staff conducted fifteen minute telephone interviews with South County community leaders. Homeowner Associations and Road Districts: Staff made presentations at annual homeowner association and road district meetings. Frontier Days Booth: Staff attended La Pine Frontier Days on July 4. Focus Groups: Three focus groups consisting of community leaders and interested residents reviewed initial drafts of the South County Plan goals and policies. Planning Commission Work Sessions: Commission held eight work sessions to provide direction to staff. Other: Staff utilized press releases, radio interviews and newspaper articles to encourage public participation. Plan Organization A South County Plan represents a legal framework for implementing a vision for building stronger, more resilient rural communities by managing growth in this region to 2032. This is a Plan that recognizes the realities facing rural Deschutes County, while acknowledging what governments can and cannot influence. It demonstrates leadership for improving the ways in which collaboration can occur among all sectors: government, businesses, non-profits, and residents to achieve a shared vision. This Plan presents the results of the planning process that led to the development of its goals and policies. It has a similar format to the Deschutes County Comprehensive Plan and other community plans, by containing the following four sections: Introduction: This section describes the project background, Plan organization, and application. Vision, Plan Goals and Policies: This section provides a policy framework to guide rural growth and development and address other community issues in South County. Policy Topics: This section summarizes five topics that galvanized residents. It describes Deschutes County’s public outreach techniques, including agency and organizational partners that have an integral role in contributing to South County’s quality of life. It also discusses land use designations and economic development opportunities, public facilities transportation, the natural environment and recreation. Plan policies are based in part on information contained in this section. Exhibit E to Ordinance 2012-014 Page 3 of 13 Appendices: Five appendices contain information describing issue identification and analysis, partnering agencies, policy formation, and maps. How to Use the Plan An area plan is an integral part of the Comprehensive Plan and upon adoption by the Board of County Commissioners (Board) constitutes an official chapter that can only be changed though a plan amendment. As a component of the Comprehensive Plan, it has more geographically specific goals and policies. It also contains a vision statement conveying the expectations of a specific community, an inventory of existing conditions, and the results of the public involvement process. These three elements shape the establishment of goals and policies, which then provide a guide to decision making for preferred land uses that support local development objectives and capital improvements during a twenty year period. Once adopted, an area plan can be implemented using regulatory and non-regulatory tools. One set consists of zoning, subdivision, and related land use ordinances. Others promote intergovernmental coordination and public-private partnerships to collectively achieve the preferred future. It is important to note that these types of approaches must be consistent with Oregon’s Land Use Program and 19 Statewide Planning Goals. The Board establishes an annual work plan every fiscal year for the Planning Division. Citizens and stakeholders can engage the Board in the spring during the development of the budget to endorse Planning Division work tasks and implementation measures that directly relate to south Deschutes County. Generally, area plans focus solely on land use issues. This South County Plan however, addresses land use and a wide array of additional issues raised by the public. The result is a comprehensive area plan for South County. It is an umbrella document comprised of goals and policies capturing this area’s desired future over the next twenty years. It should be used to guide decision making for Deschutes County and other public agencies as well as non-profit and private organizations actively involved in South County. II. PROPOSED PLAN AMENDMENT The proposed amendments to Deschutes County’s Comprehensive Plan are described in Ordinance 2012-014, Exhibits A, B, C, and D. Added language is underlined and deleted shown as strikethrough. III. REVIEW CRITERIA Ordinance 2012-014 formally adopts the Newberry Country: A Plan for Southern Deschutes County, which includes several goals and policies into it’s the Comprehensive Plan. Deschutes County lacks specific criteria in Deschutes County Code (DCC) Titles 18, 22, or 23 for reviewing a legislative plan amendment. Nonetheless, since Deschutes County is initiating one, the County bears the Exhibit E to Ordinance 2012-014 Page 4 of 13 responsibility for justifying that the amendments are consistent with the Statewide Planning Goals and its existing Comprehensive Plan. III. FINDINGS A. Statewide Planning Goals The parameters for evaluating these specific amendments are based on an adequate factual base and supportive evidence demonstrating consistency with Statewide Planning Goals. The following findings demonstrate that Ordinance 2012-014 complies with applicable statewide planning goals and state law. Goal 1, Citizen Involvement is met through this adoption process because these amendments will receive at a minimum three public hearings, two before the Planning Commission (County’s citizen review board for land use matters) and at least one before the Board. As demonstrated below, Goal 1 is also satisfied because several goals and policies proposed for the South County Plan continue to emphasize the importance of community involvement.2 o Goal 1, Involve and engage the South County community in land use planning.  Policy 1.1, Conduct an annual meeting in South County with the Board of Commissioners and Deschutes County Planning Commission  Policy 1.2, Reassess through a public process, the South County Plan as needed, but at least every three to five years, and analyze: a) Population growth; b) Effectiveness of plan implementation; and c) New Issues or emerging opportunities.  Policy 1.3, Maximize public participation on locally significant issues by establishing, where appropriate, technical or citizen advisory committees, and encouraging federal and state agencies to do the same.  Policy 1.4, Share information and communicate with residents, community organizations and absentee landowners through: a) Hosting town hall meetings with all South County partners; b) Utilizing internet and social media; c) Distributing, through a variety of avenues, outreach and education materials that provide information on locally-led efforts promoting social, economic and environmental programs; and d) Encouraging government agencies, community organizers and leaders to write articles for local newspapers. o Goal 2, Support public, private and non-profit partnerships. 2 Newberry Country: A Plan for Southern Deschutes County, See pages 8-9. Exhibit E to Ordinance 2012-014 Page 5 of 13  Policy 2.1, Foster a sense of shared identity and pride in South County through community projects, such as a beautification program to enhance the area for tourists, businesses and residents.  Policy 2.2, Partner with the community to retain and improve South County’s high quality of life.  Policy 2.3, Support the community on projects that promote self-reliance, such as community greenhouses or gardens that increase the local food supply.  Policy 2.4, Work with homeowner associations, road districts, community groups, government agencies, and non-profits to collectively address land use and natural resource issues, such as code enforcement or responsible animal husbandry.  Policy 2.5, Encourage organizations like La Pine and Sunriver Chambers of Commerce, and Central Oregon Visitors Association to maintain and enhance webpages highlighting South County’s regional amenities and community resources.  Policy 2.6, Partner with the real estate community and others to provide education materials for new residents and/or property owners about rural lifestyles, including: a) Non-urban levels of public services (e.g. unpaved roads); b) Fire prevention; c) Noxious weeds; d) River and groundwater management; and e) Preservation of wildlife habitat. Goal 2, Land Use Planning is met because ORS 197.610 allows local governments to initiate post acknowledgments amendments. An Oregon Land Conservation and Development Department 35-day notice was initiated in mid-September.3 This FINDINGS document provides the adequate factual basis and documented analysis for this plan update. Goal 3, Agricultural Lands and Goal 4, Forest Lands is not applicable because the County is adopting an area plan into its Comprehensive Plan that contains several goals and policies. No plan designation changes, zoning map changes, development or land use changes are being proposed on agricultural or forest lands. Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces is met because as demonstrated below these plan amendments continue to contain policies that subscribe to protecting natural resources and open spaces.4 No development or land use changes are being proposed on or near inventoried Goal 5 resource lands. o Goal 5, Address high groundwater lots and zoning and surveying issues. 3 Deschutes County completed periodic review on January 23, 2003. 4 See note 2 above. Pages 11 and 15. Exhibit E to Ordinance 2012-014 Page 6 of 13  Policy 5.1, Develop a work plan with affected stakeholders to determine the future development and conservation potential of approximately 1,500 high groundwater lots. The work plan will need to incorporate the potential for an unknown number of lots to be served by centralized sewer or other methods of collection in the future, which would make them developable, where that possibility may not currently exist. The work plan shall, at minimum, analyze: a) The impact of the newly permitted development on roads, riparian areas, wildlife habitat, and wetlands; and b) Acquisition options such as purchasing the lots, land transfers or other ideas.  Policy 5.2, Develop a work plan, in coordination with property owners, to update the Comprehensive Plan and Zoning designations to reflect the land use and development patterns in Section 36, Haner Park and other applicable areas with long-standing issues, while protecting ecologically significant natural areas or resources.  Policy 5.3, Develop economically viable strategies to address surveying errors including those in the Lechner Estates area. o Goal 16, Support environmental stewardship and natural resource protection.  Policy 16.1, Coordinate with non-profit organizations that have technical expertise and an active presence in South County such as Deschutes Soil and Water Conservation District, Deschutes River Conservancy, Upper Deschutes Watershed Council, and Trout Unlimited.  Policy 16.2, Facilitate or support public processes to enhance community understanding on issues that may impact the natural environment, such as pesticide/herbicide use or geothermal energy development.  Policy 16.3, Support an accessible web-based directory or rural handbook describing local organizations specializing in environmental issues so citizens can easily identify points of contact.  Policy 16.4, Track the air quality impacts from potential sources of pollution, such as unpaved dirt roads.  Policy 16.5, Encourage responsible alternative energy initiatives that recognize South County’s energy potential.  Policy 16.6, Maintain a South County representative on the Deschutes County Weed Control District Board.  Policy 16.7, Support efforts to expand recycling opportunities, including woody debris and curbside recycling, if feasible.  Policy 16.8, Assess the feasibility of forming a South County wetlands mitigation bank. Exhibit E to Ordinance 2012-014 Page 7 of 13  Policy 16.9, Coordinate with homeowner efforts to address stagnant water in side channels draining to the Deschutes River.  Policy 16.10, Coordinate with state and federal agencies on significant natural resource issues, including new threatened or endangered species listings.  Policy 16.11, Participate in the Deschutes River Conservancy efforts to work with all partners in the upper Deschutes Basin on a comprehensive water management plan that restores flows in the upper Deschutes River while meeting the needs of users.  Policy 16.12, Coordinate with the Oregon Water Resources Department, Bureau of Reclamation, and Deschutes Basin Board of Control to regularly engage riverside property owners to discuss peak summer water releases from Wickiup Reservoir. Goal 6, Air, Water and Land Resources Quality is met because as demonstrated below these plan amendments continue to contain policies that subscribe to protecting water and land quality. 5 No development or land use changes are being proposed that impact air, water and land resource qualities. o Goal 9, Partner with the Oregon Department of Environmental Quality (DEQ) to protect groundwater and public health.  Policy 9.1, Explore opportunities for Goal 11 exceptions and the full range of advance wastewater treatment opportunities, including but not limited to, the use of onsite alternative treatment technology, centralized sewer systems and cluster systems.  Policy 9.2, Support DEQ’s efforts to evaluate and communicate the costs and benefits of wastewater alternatives such as centralized wastewater systems and sewer district formation, by considering pilot projects or potential case studies. Goal 7, Natural Hazards is met because as demonstrated below these plan amendments continue to contain policies that address natural hazards.6 No development or land use changes are being proposed that impact natural hazards. o Goal 13, Minimize the threat of wildfire in the Wildland Urban Interface.  Policy 13.1, Assist fire districts and community organizations in fire prevention activities, such as: a) FireFree spring and fall events; b) Debris clearing and/or drop off and pick up sites; c) Ladder fuel reductions; and d) Updating Community Wildfire Protection Plans. 5 Ibid. Page 12. 6 Id. Page 15. Exhibit E to Ordinance 2012-014 Page 8 of 13  Policy 13.2, Encourage neighbors and residents to become Firewise, a national recognition for fire-adapted communities.  Policy 13.3, Amend County Code to require landowners to maintain defensible space.  Policy 13.4, Encourage the formation of an organization within the Greater La Pine Community Wildfire Protection Plan area with a fire fighting and river corridor protection focus similar to the Upper Deschutes River Coalition.  Policy 13.5, Support the productive use of materials removed during fuel reduction efforts.  Policy 13.6, Work with homeowners, the U.S. Forest Service, Bureau of Land Management and Oregon Department of Forestry to ensure all subdivisions have adequate evacuation routes and signage. o Goal 14, Prepare for other natural hazards.  Policy 14.1, Evaluate emergency shelters to ensure that alternates are available if primary shelters are inaccessible.  Policy 14.2, Provide information on noxious weed regulations and effective weed control. o Goal 15, Promote individual self-sufficiency while recognizing community interdependence.  Policy 15.1, Promote personal responsibility in preparing for natural disasters.  Policy 15.2, Encourage families to become self-sufficient for the first three days after a major disaster by taking, at minimum, the following steps: a) Make a plan; b) Build a three-day emergency supplies kit; and, c) Get trained in CPR and first aid. Goal 8, Recreational Needs is met because as demonstrated below these plan amendments continue to contain policies that subscribe to providing recreational opportunities.7 Furthermore, no development or land use changes are being proposed on recreational resources. o Goal 17, Encourage a variety of parks, trails and recreation options for South County residents. 7 Id. Page 16. Exhibit E to Ordinance 2012-014 Page 9 of 13  Policy 17.1, Support parks and recreation facilities and services by: a) Engaging the neighborhoods not served by a park district as of 2012 in a discussion of park district options; b) Supporting the expansion of outdoor amenities, such as public or private campgrounds; and c) Supporting agencies, schools and organizations, such as the La Pine Parks and Recreation District or Bend La Pine School District, that provide a variety of youth facilities and programs.  Policy 17.2, Collaborate with the La Pine Park and Recreation District, community organizations, Sunriver and La Pine to provide safe and convenient river access, including: a) Improving existing sites including those at or near Harper Bridge and Maxwell Veterans Memorial Bridge; and b) Assessing options for new or improved public locations.  Policy 17.3, Work with the U.S. Forest Service and Bureau of Land Management to maintain and improve access to recreation activities including hunting, fishing, hiking and off-road opportunities.  Policy 17.4, Ensure that the trails policies under the Transportation section of this Plan consider also multi-use and specialized recreational trails. Goal 9, Economic Development is met because as demonstrated below these plan amendments continue to contain policies that subscribe to economic development opportunities.8 No development or land use changes are being proposed that impact economic development. o Goal 6, Foster a healthy economic and employment base in South County, while retaining the rural character.  Policy 6.1, Promote La Pine as a regional commercial and employment center, through concepts such as: a) Maintaining and supporting La Pine’s representation on Economic Development for Central Oregon’s (EDCO) Board; b) Coordinating as needed with EDCO, La Pine and Sunriver Chambers of Commerce, Sunriver, the City of La Pine, and others to promote economic development opportunities; and c) Collaborating with Klamath County, Gilchrest and Crescent.  Policy 6.2, Facilitate South County tourism by: a) Supporting organizations like Travel Oregon, Central Oregon Visitors Association, and La Pine and Sunriver Chambers of Commerce’s efforts to promote the area as a tourist destination; b) Promoting the Upper Deschutes, Little Deschutes, and Fall rivers for low-impact activities such as fishing and canoeing; and c) Marketing the Cascade Lakes Highway as a defining South County asset and gateway. o Goal 7, Diversify the rural economy. 8 Id. Page 11. Exhibit E to Ordinance 2012-014 Page 10 of 13  Policy 7.1, Adopt zoning for small destination resorts, as defined in ORS 197.445.  Policy 7.2, Encourage telecommunications companies to develop high- speed internet access to support local businesses.  Policy 7.3, Assess the feasibility of rural development initiatives, including potential amendments to County Code, such as: a) Forest product businesses; b) Extractive industries; c) Energy facilities; and/or d) Neighborhood oriented commercial development. Goal 10, Housing is not applicable because, unlike municipalities, unincorporated areas are not obligated to fulfill certain housing requirements. Goal 11, Public Facilities is met because as demonstrated below these plan amendments continue to contain policies that subscribe to providing adequate public facilities.9 No development or land use changes are being proposed that impact public facilities. o Goal 8, Sustain public facilities and services commensurate with South County’s unique development pattern.  Policy 8.1, Support local, state, and federal law enforcement and fire protection agencies.  Policy 8.2, Support agencies and organizations like the Deschutes Public Library, Bend-La Pine School District, Little Deschutes Grange Hall and La Pine Park and Recreation District’s missions that provide: a) Services and programs for the community; and b) Meeting spaces and educational resources. o Goal 9, Partner with the Oregon Department of Environmental Quality (DEQ) to protect groundwater and public health.  Policy 9.1, Explore opportunities for Goal 11 exceptions and the full range of advance wastewater treatment opportunities, including but not limited to, the use of onsite alternative treatment technology, centralized sewer systems and cluster systems.  Policy 9.2, Support DEQ’s efforts to evaluate and communicate the costs and benefits of wastewater alternatives such as centralized wastewater systems and sewer district formation, by considering pilot projects or potential case studies. 9 Id. Page 12. Exhibit E to Ordinance 2012-014 Page 11 of 13 Goal 12, Transportation is met because as demonstrated below these policies continue to contain policies that address transportation facilities.10 However, no development or land use changes are being proposed that impact local or state transportation facilities. o Goal 10, Expand transportation options.  Policy 10.1, Support the Central Oregon Intergovernmental Council (COIC) and community organizations in their efforts to: a) Expand regional public transit options for residents living in Sunriver, La Pine and outlying rural neighborhoods; b) Expand park and ride lots where there is an identified need; c) Explore commute options such as private ride share or shuttles; d) Expand mobility options for persons with disabilities and/or medical needs; e) Involve user groups such as students, elderly, and disabled residents in public transit discussions; and f) Provide information about existing transit opportunities.  Policy 10.2, Explore the long-term potential for passenger rail.  Policy 10.3, Create a regional trail plan in coordination with the City of La Pine, Sunriver, Deschutes County Bicycle and Pedestrian Advisory Committee (BPAC), La Pine Park and Recreation District, U.S. Forest Service, special road districts, and homeowner associations, considering at minimum: a) Adequate rights of way; b) Appropriate locations and designs to provide connectivity; c) Public safety; d) Access to schools, parks, employment and other popular destinations; and e) Funding sources, including bicycle licenses.  Policy 10.4, Support the trails identified in the County Transportation System Plan and, when requested, evaluate proposed trails such as: a) U.S. Forest Service efforts to improve non-motorized connections that either use or parallel USFS # 41 Road from Spring River Road just west of Sunriver to Cascade Lakes Highway by the Inn of the 7th Mountain; and b) U.S. Forest Service proposal for a paved path from Sunriver to Lava Lands Visitor Center.  Policy 10.5, Evaluate emerging trail opportunities that include: a) Partnerships with other public trail planning processes and trail development groups with technical experience; b) River corridor or river trails such as those promoted by the Bend Paddle Trail Alliance; and c) A regional trail connecting Central Oregon communities such as La Pine, Sunriver and Bend.  Policy 10.6, Request BPAC to amend their bylaws to require at least one at-large member be from South County. 10 Id. Pages 13 and 14. Exhibit E to Ordinance 2012-014 Page 12 of 13  Policy 10.7, Support local initiatives to create a South County trail alliance organization.  Policy 10.8, Work with affected jurisdictions to acquire, develop, connect, and maintain a series of trails along the Deschutes River and surrounding public spaces.  Policy 10.9, Work cooperatively with City and parks and recreation districts to support grant applications to build or maintain trails in the rural County. o Goal 11, Maintain and improve the public road system.  Policy 11.1, Support the voluntary formation of special road districts.  Policy 11.2, Partner with special road districts, the County Road Department and neighborhood associations to determine the best ways to maintain roads that provide primary thoroughfares or emergency egress.  Policy 11.3, Identify potential funding options for road maintenance.  Policy 11.4, Post a clear explanation of which roads are maintained and why on the Road Department website. o Goal 12, Partner with Oregon Department of Transportation, U.S. Forest Service, Bureau of Land Management, Sunriver and La Pine to address regional transportation issues.  Policy 12.1, Coordinate solutions for pedestrians, bicycles and vehicles to cross Highway 97.  Policy 12.2, Evaluate a north-south alternative to Highway 97 on the western edge of South County, extending from Burgess Road to Spring River Road.  Policy 12.3, Coordinate with Oregon Department of Transportation and the City of La Pine on the La Pine Transportation System Plan.  Policy 12.4, Work with the U.S. Forest Service to address maintenance of Forest Service roads that provide access to rural subdivisions, such as USFS # 44. Goal 13, Energy Conservation is met because the plan amendment does not affect this goal. Encouraging more recreation, including parks, in the area means that area residents won’t have to travel so far to recreate. No development or land use changes are being proposed that warrant energy conservation. Goal 14, Urbanization is not applicable because the County is adopting an area plan into its Comprehensive Plan for rural southern Deschutes County. No plan Exhibit E to Ordinance 2012-014 Page 13 of 13 designation changes, zoning map changes, development or land use changes are being proposed that apply to urbanized uses or Urban Growth Boundaries. Goals 15 through 19 are not applicable to any amendments to the County’s comprehensive plan because the county has none of those types of lands. B. Consistency with Deschutes County Comprehensive Plan Deschutes County adopted an updated Comprehensive Plan on August 10, 2011. * Rural Growth Management (Chapter 3) Finding: Land use planning implemented through Deschutes County policies and zoning will enable rural residents in southern Deschutes County to address growth and development. Policy 3.10.2 directs Deschutes County to: Develop a south county community plan and adopt it as a subsection of this Plan. This plan amendment incorporates the South County Plan into Chapter 3, Rural Growth Management, Section 3.11. Provided in Exhibit B to Ordinance 2012-014, it contains updated demographics, pictures, maps, goals and policies.