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HomeMy WebLinkAboutOrdinance 007 - So County - Newberry PlanDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-11960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of May 6, 2013 Please see directions for completing this document on the next page. DATE: May 1,2013 FROM: Peter Gutowsky Community Development Department TITLE OF AGENDA ITEM: Consideration of First Reading by Title Only of Ordinance No. 2013-007, Amending the Desc utes County Comprehensive Plan, Adopting Newberry Country: A Plan for Southern Deschutes Co nty PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: Deschutes County is amending its Comprehensive Plan to formally recognize an area specific pian titled, Newberry Country: A Plan for Southern Deschutes County. The Plan encompasses the rural areas south of Lava Butte with two exceptions: Sunriver and La Pine are governed separately. It add¢sses the area's unique assets, local values and preferences for growth and development, the envirorunent, natural hazards, transportation and more. FISCAL IMPLICATIONS: None RECOMMENDATION & ACTION REQUESTED: Motion 1) First reading by Title only of Ordinance No. 2013-007. Second reading and adoption will be in three weeks with an effective date of 90 days after the ordinance is signed. ATTENDANCE: Peter Gutowsky and Legal Counsel DISTRIBUTION OF DOCUMENTS: Peter Gutowsky, CDD. REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGOtJ An Ordinance Amending the Deschutes County * Comprehensive Plan, Adopting Newberry Country: * ORDINANCE NO. 2013-007 J A Plan for Southern Deschutes County. * WHEREAS, the Community Development Department planning staff initiated a Comprehensi e Plan amendment in order to adopt a plan for Southern Deschutes County; and WHEREAS, after notice was given in accordance with applicable law, public hearings were held ibefore the Deschutes County Planning Commission on October 25, 2012, and November 8, 2012 to consider the revised County Comprehensive Plan; and WHEREAS, on December 13, the Planning Commission forwarded to the Board of ounty Commissioners ("Board") a recommendation of approval to adopt changes to the Comprehensive Plan; an WHEREAS, the Board considered this matter after a duly noticed public hearing on February. 6 and March 12, 2013 and concluded that the public will benefit from changes to the Comprehensive Plan; and i WHEREAS, the Board finds it in the public interest to adopt the following Comprehensiv~ Plan amendments; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, 0 AINS as follows: Section 1. AMENDING. Deschutes County Code 23.01.010, Introduction, is amended to ead as described in Exhibit "A," attached and incorporated by reference herein, with new language underlintd and deleted language set forth in strikethrough. Section 2. ADOPTION. The Board hereby adopts Newberry Country: A Plan for Southern Deschutes County, attached as Exhibit "B" and incorporated by reference here. Section 3. AMENDMENT. Deschutes County Comprehensive Plan, Chapter 3, Rural Gro h Management, is amended to read as described in Exhibit "C," attached hereto and by this reference incorp rated herein, with new language underlined and language to be deleted in strikethrol:lgh. Section 4. AMENDMENT. Deschutes County Comprehensive Plan, Chapter 5, Supplemen~al Sections, is amended to read as described in Exhibit "D," attached hereto and by this reference incorporat~d herein, with new language underlined and language to be deleted in strikethrol:lgH. . III PAGE 1 OF 2 -ORDINANCE NO. 2013-007 Section 5. FINDINGS. The Board adopts as its findings Exhibit "E," attached and incorpor ted by reference herein. Dated this of ,2013--­----­BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ALAN UNGER, Chair TAMMY BANEY, Vice Chair ATTEST: Recording Secretary ANTHONY DeBONE, Commissioner Date of 1st Reading: day _____,2013. Date of 2nd Reading: __day of _____,' 2013. Record of Adoption Vote Commissioner Yes No Abstained Excused Anthony DeBone Alan Unger Tammy Baney Effective date: day of ,2013. PAGE 2 OF 2 ORDINANCE NO. 2013-007 Chapter 23.01 COMPREHENSIVE PLAN 23.01.010. Introduction. A. The Deschutes County Comprehensive Plan, adopted by the Board in Ordinance 2011-003 and found on the Deschutes County Community Development Department website, is incorporated by reference herein. B. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordina ce 2011-027, are incorporated by reference herein. C. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordina ce 2012-005, are incorporated by reference herein. D. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordina ce 2012-012, are incorporated by reference herein. E. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordina ce 2012-016, are incorporated by reference herein. F. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordina ce 2013-002, are incorporated by reference herein. G. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordina ce 2013-009, are incorporated by reference herein. H. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordina ce 2013-012, are incorporated by reference herein. 1. The Deschutes Count Com rehensive Plan amendments ado ted b the Board in Ordina ce 2013-007, are incorporated by reference herein. (Ord. 2013-007 §1, 2013; Ord. 2013-012 §2, 2013; Ord. 2013-009 §2, 2013; Ord. 2013-002 §1, 2013; Ord. 2012-016 §1, 2012; Ord. 2012-013 §1, 2012; Ord. 2012-005 §1, 2012; Ord. 2011-027 §1 through 12, 2011; Ord. 2011-017 repealed; Ord.2011-003 §3, 2011) Click here to be directed to the Comprehensive Plan (http://www.deschutes.org/compplan) Page 1 of 1-EXHIBIT A TO ORDINANCE 2013-007 Page 1 of 1 – EXHIBIT A TO ORDINANCE 2013-007 Chapter 23.01 COMPREHENSIVE PLAN 23.01.010. Introduction. A. The Deschutes County Comprehensive Plan, adopted by the Board in Ordinance 2011-003 and found on the Deschutes County Community Development Department website, is incorporated by reference herein. B. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2011-027, are incorporated by reference herein. C. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-005, are incorporated by reference herein. D. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-012, are incorporated by reference herein. E. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-016, are incorporated by reference herein. F. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-002, are incorporated by reference herein. G. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-009, are incorporated by reference herein. H. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-012, are incorporated by reference herein. I. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-007, are incorporated by reference herein. (Ord. 2013-007 §1, 2013; Ord. 2013-012 §2, 2013; Ord. 2013-009 §2, 2013; Ord. 2013-002 §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) DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 CHAPTER 3 RURAL GROWTH MANAGEMENT SECTION 3.10 AREA SPECIFIC PLANS AND POLICIES PAGE 1 OF 14 EXHIBIT “C” TO ORDINANCE 2013-007 Background There are rural areas around the County experiencing specific challenges that could benefit from a more detailed review. Using public outreach and in-depth analysis, the County can respond to the unique values and issues in defined areas. This can be done through community plans or simply adding specific policies. Three areas have been identified as of 2010 for area specific plans or policies; South County, Deschutes Junction and the Oregon Military site. Deschutes County adopted a plan for South County in 2013 (see Section 3.11, Newberry Country: A Plan for Southern Deschutes County ). Other areas where community plans or policies might be initiated are Deschutes River Woods and east County. Deschutes County is committed to cooperating with residents on creating specific community plans or policies as requested and as resources permit. South Deschutes County South Deschutes County residents have expressed interest in a community plan. The 1979 Comprehensive Plan contained a section on La Pine, which was an Urban Unincorporated Community. That section has been removed because La Pine incorporated in 2006. The County remains interested in working with residents on South County issues. South County is also addressed in the Regional Problem Solving for south County section of this Plan. In 1998 an extensive public process led to the adoption of this section. It was created following State regulations for regional coordination. Over 20 agencies/organizations were involved and the process resulted in memorandums of understanding with 15 of those agencies/organizations. The primary issue addressed through this process was groundwater quality, although wildfire, wildlife, transportation and other issues were discussed. Some of the policies adopted were intended to use market forces to guide rural development into La Pine neighborhoods through a transfer of development rights program. Follow-up actions introduced to protect groundwater were controversial in the south County community. An attempt to require specialized nitrogen-reducing septic systems was defeated in 2009 through a ballot initiative. During the Plan update process, requests were made to remove the Regional Problem Solving section from this Plan, claiming it was inaccurate and outdated. Other residents recommended waiting until local groundwater issues are dealt with at the State level before initiating a community planning process. The regional problem solving section has been retained for the following reasons:  An extensive public and agency process was used to write this section  The section was created through a State-defined process and acknowledged as in compliance with State land use regulations  The section is broader than just septic systems that have generated the most controversy  A new review of south County has not yet been initiated That said, there is general consensus that there needs to be a new effort to engage the south County community and create an updated community plan for the area to replace this section. Section 3.10 Area Specific Plans and Policies DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 CHAPTER 3 RURAL GROWTH MANAGEMENT SECTION 3.10 AREA SPECIFIC PLANS AND POLICIES PAGE 2 OF 14 EXHIBIT “C” TO ORDINANCE 2013-007 As of 2010 the Department of Environmental Quality (DEQ) is leading an effort to find solutions for the groundwater quality issues and the County is committed to actively cooperating in that effort. Regional Problem Solving for south Deschutes County In the 1960s and early 1970s, before statewide planning occurred in Oregon, over 15,000 lots were created in subdivisions platted south of Sunriver. Most of these parcels are less than two acres in size and use on-site septic systems to dispose of sewage. Many of them are located in areas where development is now restricted, such as floodplains, wetlands and areas with a high groundwater table where septic approval is unlikely. Since 1989, Deschutes County has been the fastest growing county in the state on a percentage basis. The rural character, attractive location on or near the Deschutes and Little Deschutes Rivers, and relatively inexpensive land prices in South Deschutes County have led to a burgeoning population. The current estimated population of up to 16,000 residents (over 10,000 permanent) would make this area the second largest city in Oregon east of the Cascades were it incorporated, exceeded only by the city of Bend. Impacts to groundwater, the source of drinking water in this area, air quality, wetlands and mule deer migration and the risks to human life and property from wildfires have increased significantly over time. In 1996, Deschutes County and the Department of Land Conservation and Development recognized that significant consequences could occur from the pattern of development and began a collaborative project known as Regional Problem Solving Project for South Deschutes County. The Regional Problem Solving (RPS) project area encompasses approximately 42 square miles between Sunriver to the north and La Pine to the south, and includes thousands of small-subdivided lots, and some larger parcels, throughout southern Deschutes County. The RPS project area is a landscape with a geologic history that produced sediments of volcanic origin that were deposited in a basin over past eons. These conditions are the result of lava flows from the west (Cascades) and east (Newberry) that periodically dammed and shifted the course of the Deschutes River, creating the La Pine Basin, where the deposition of sediments has occurred, sometimes burying older forests. Volcanic eruptions such as the one at Mt. Mazama (Crater Lake) approximately 6,800 years ago have contributed significantly to the volume of sediment deposited in the basin. The Mt. Mazama eruption is the source of volcanic material that has formed the predominant soil in the area. At an elevation of 4200 feet, the climate in the region is one of cool nighttime temperatures with a short frost-free summer that averages less than 100 days annually and a winter period of five or six months where snow can reside on the ground at any time. The rivers receive DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 CHAPTER 3 RURAL GROWTH MANAGEMENT SECTION 3.10 AREA SPECIFIC PLANS AND POLICIES PAGE 3 OF 14 EXHIBIT “C” TO ORDINANCE 2013-007 significant input from cool spring fed waters. The groundwater is mostly derived from snowmelt in the high Cascades to the west, and is also relatively cool. The development of thousands of small lots in the RPS project area is therefore superimposed upon highly permeable, rapidly draining soils and a high groundwater table with relatively cold- water temperatures. The overwhelming majority of the lots are served by on-site sewage disposal systems (septic systems), including standard drain fields, cap and fill systems, and more recently sand-filter systems. Nitrates, a by-product of septic systems and an indicator of human pathogens, are poorly retained in the fast draining soils and do not easily break down due to the cool groundwater temperature. As a result, loading of nitrates occurs in the shallow groundwater aquifer that underlies this region. The presence of a high level of nitrates is of great concern because this same aquifer is the source of drinking water for the residents in the area. A recent US Geological Survey study of groundwater in Central Oregon concludes that groundwater in the area is connected to nearby surface waters, including the Deschutes and Little Deschutes Rivers. Through the sampling of numerous wells in the RPS project area the Oregon Department of Environmental Quality (DEQ) is predicting that nitrate in the groundwater will approach unsafe levels, principally as a result of the cumulative effect of sewage disposal with on-site septic systems, in the near future. Levels of nitrate are elevated in several localized areas within the RPS project area. However the majority of wells show very low nitrate levels at this time and surface water contamination has not been documented. Due to the existing pattern and density of development DEQ is predicting that nitrate levels will continue to increase over time, even if measures were taken now to alter the development pattern in the RPS project area. If measures are delayed much longer, the consequences could become more serious, possibly resulting in unsafe levels of nitrates in groundwater and drinking water. More definitive information is expected to be available in the next few years, regarding the timing of nitrate movement in groundwater and the overall impact of nitrate from septic systems to groundwater and possible surface water pollution. The DEQ and Deschutes County will complete additional groundwater investigations and testing of innovative sewage treatment and disposal systems to reduce the impact on groundwater from nitrogen in household sewage, with grants from the US Environmental Protection Agency. The results from these studies will not be known for several years. Studying different approaches to on-site sewage treatment and disposal may lead to affordable technological advances that can be applied to new and possibly existing systems. In the meantime, the region will continue to grow and nitrate loading from on-site systems will continue to increase. Some measures may need to be implemented in the future to address groundwater pollution and other impacts that could result from the development of the thousands of small size subdivided lots in South Deschutes County. The creation of a new neighborhood between La Pine and Wickiup Junction as an alternative to building fewer houses on the remaining vacant small lots appears to hold much promise. A market-driven transferable development credits program could assist in the redirection of growth from the existing subdivisions into this new neighborhood. A development standard or sewage disposal rule that requires an effective lot area of 1.5 acres for new dwellings served by an on-site septic system may need to be considered. The acreage requirement would need to be based on the long-term balance between nitrate loading from DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 CHAPTER 3 RURAL GROWTH MANAGEMENT SECTION 3.10 AREA SPECIFIC PLANS AND POLICIES PAGE 4 OF 14 EXHIBIT “C” TO ORDINANCE 2013-007 septic systems and dilution from precipitation that infiltrates the land. An effective lot area should include contiguous or non-contiguous vacant land within a specified distance from the proposed building site. For these reasons, Deschutes County has determined that it is appropriate to adopt comprehensive plan goals and policies to recognize the importance in protecting groundwater and other resources and the need to continue to work on the RPS project for South Deschutes County. Nitrates - Health and groundwater impacts; septic system impacts and studies High levels of nitrates in drinking water are a cause of methemoglobinemia (blue baby syndrome) in infants and have been linked to cancer and weakening of immune system in the elderly. Recent epidemiologic studies indicate that chronic long-term exposure to low levels (2.5 mg/L) of nitrates can increase the risks for certain types of cancers. Nitrate levels are often used as an indicator for the transmission capabilities of other pathogenic agents. Surface waters are very sensitive to eutrophication by the addition of nutrients; nitrate is an indicator of nutrient loading. A natural background level of nitrates would be less than 1 mg/L. The Environmental Protection Agency (EPA) has set the safe water drinking standard (Maximum Contaminant Level or MCL) for nitrate at 10 mg/L. The DEQ is required to declare a region a Groundwater Management Area if nitrate concentration reaches 7 mg/L. This would require a plan to protect and restore groundwater quality. Deschutes County Planning and Environmental Health are only slightly ahead by starting and developing their plans proactively. On-site septic systems are the only significant source of nitrates in the La Pine sub-basin. The La Pine sub-basin has many conditions that allow for little denitrification of wastewater to occur: rapidly draining soil, shallow, well oxygenated groundwater, very short growing season, cold temperature, not much hydraulic gradient. Most of the development has taken place in the very bottom of the sub-basin over shallow groundwater and on small lots served by wells from an unconfined aquifer. In 1980-81 contamination of the aquifer from septic systems had already occurred in the La Pine core area. (La Pine Aquifer Management Plan, Century West, 1982). A community sewer system was required to remedy the situation. A 1995 well monitoring study by DEQ showed that after 11 years of sewer, the nitrate levels in the La Pine core area had receded but were still at “unsafe levels.” This is an indication that the recovery time for the aquifer is lengthy. The 1995 monitoring study also revealed the existence of five areas in the RPS project area, not including the core area of La Pine, where nitrate levels are greater than usual background levels. Nitrate levels are as high as 4.8 to 5.9 mg/L in three of these areas and as high as 3 mg/L in the other two. The 1995 monitoring study was part of a modeling effort by the DEQ to estimate the impact of septic systems on the groundwater. The initial results of the model indicate that at existing (1994) development the aquifer would reach nitrate levels of 7 mg/l by 2005. Since the collection of samples in 1994 there are approximately 700 additional residences in the RPS project area using on-site septic systems. The model is limited because it is two-dimensional and does not account for flow in or out of its boundaries. DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 CHAPTER 3 RURAL GROWTH MANAGEMENT SECTION 3.10 AREA SPECIFIC PLANS AND POLICIES PAGE 5 OF 14 EXHIBIT “C” TO ORDINANCE 2013-007 A grant from the US Environmental Protection Agency will allow significant work to begin in 1999 to help with a solution to the problem of high nitrate levels. The primary purpose of the grant is to study new technologies in on-site septic systems. Part of the grant will be used to continue increasing the groundwater monitoring network and complete additional analysis of nitrate movement in the groundwater using a three dimensional model. The innovative septic system program was started in 1998 through the RPS project and DEQ grant funding and is expected to increase significantly with the new federal grant. The purpose is to try new technologies that appear to be capable of reducing nitrate levels. Besides nitrate reduction there are many other aspects of new technology that need to be examined before widespread applications for the general public can occur. Over the past five years the USGS has developed a groundwater flow model of the entire Upper Deschutes Basin. The model will be used as the basis for an analysis of the impacts of nitrates from on-site systems to help answer the following three questions:  Where should additional monitoring wells be set up for continuous monitoring of nitrate plumes from residential development?  What density does development need to be set at to minimize impact on groundwater quality?  What variations of impact due to location are there in the La Pine sub-basin? The DEQ rules require a minimum of an acre for standard system and a half-acre for pressure or sand filters in rapidly draining soils. This is a statewide rule and the authors were probably looking at rainfall amount from a typical Willamette Valley year to provide dilution. Mixing wastewater from a typical single-family residence with the recharge provided by yearly precipitation in Southern Deschutes County, it requires 2.5 acres for a standard system and 1.5 acres for a sand filter to maintain a recharge concentration at or below 7 mg/l. This estimate is on the conservative side because it does not account for inflow, outflow, or upflow from other areas. Areas such as Fall River Estates, Wild River and Ponderosa Pines do not require as much acreage to achieve an adequate amount of mixing and dilution of nitrates because they are located in areas of higher precipitation at the western edge of the aquifer. Also, the aquifer gradient is steeper resulting in more dilution due to higher groundwater flow rates. La Pine and portions of Oregon Water Wonderland and Stage Stop Meadows subdivisions served by sewer systems are also not contributing to the overall nitrate-loading problem in the region. Legislation In October 1998, Congress passed legislation to assist Deschutes County in purchasing a 540- acre tract of land from the Bureau of Land Management. This tract is located between La Pine and Wickiup Junction, west of Highway 97 and east of Huntington Road. A sewer line between the communities of La Pine and Wickiup Junction runs through the property. This property is intended to be the site of a new neighborhood that will be serviced by sewer and water systems, and paved roads. Residential use will predominate, although community needs such as a senior center, library, assisted living facility and limited neighborhood commercial uses may be developed. A design process known as a “charrette” occurred in November 1998. This design workshop occurred over a three-day period with the participation of over 80 people from the community. DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 CHAPTER 3 RURAL GROWTH MANAGEMENT SECTION 3.10 AREA SPECIFIC PLANS AND POLICIES PAGE 6 OF 14 EXHIBIT “C” TO ORDINANCE 2013-007 The initial design encompasses a neighborhood primarily residential in character with sewer, water and a road network of paved streets and access roads without curbs. A setback of 300 feet from Highway 97 has been incorporated into the eastern boundary of the design. A senior center and assisted living facilities are included in the southern part of the property adjacent to the community of La Pine. This preliminary design will be evaluated to determine lot sizes and density, development costs, phasing of development and the ability to use transferable development credits as a tool for the overall development of the new neighborhood. Transferable Development Credits A TDC (Transferable Development Credit) Program has been developed to redirect some of the future development of residential dwellings from lots served by on-site sewage disposal (septic) systems to the residentially zoned districts in the Neighborhood Planning Area in the La Pine UUC that will be connected to water and sewer systems. A TDC is a severable interest in real property that represents the right to construct a single-family dwelling and an on-site sewage disposal system. The TDC program code has been adopted in compliance with the provisions of ORS 94.531. The essential elements of the TDC program are to be codified in DCC Title 11, County Owned Land and Property, of the County Code. The TDC program is intended to redirect some of the future residential growth from existing subdivisions in South Deschutes County, also identified as the “sending area” where TDC's are allocated to eligible lots, into the Neighborhood Planning Area, also referred to as the “receiving area” where TDC's are required to be redeemed based on a net developable acreage formula. If successful the TDC program will reduce the overall impact from development in flood plains, wetlands, deer migration corridors and areas susceptible to groundwater pollution from nitrates. It will also help to maintain open space and preserve the rural character of the area by reducing the overall density of development that would otherwise exist in the future if a dwelling were built on every legal lot. In the sending area the TDC program will operate in a voluntary, market-driven manner. Those property owners who choose to sell their TDC's will retain ownership of the underlying land on which certain uses, such as camping, wood cutting, vegetation management, agricultural use and construction of a small storage structure will be allowed. A Conservation Easement will be placed on the property that will prohibit the construction of a single-family dwelling and on-site sewage disposal system on the property. Property owners who sell their TDC's and enter into a Conservation Easement restricting future uses on their property may elect to sell the deed for the underlying property to a willing buyer. Public Participation The RPS project has involved all aspects of the community, including property owners, interest groups, public agencies and government at the local, state and federal levels. Over 20 stakeholder meetings and 5 public forums were held. Eight newsletters and other mailings have been sent out to an extensive mailing list of property owners and other interested individuals, community organizations and local governments. The local press has covered this topic with a DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 CHAPTER 3 RURAL GROWTH MANAGEMENT SECTION 3.10 AREA SPECIFIC PLANS AND POLICIES PAGE 7 OF 14 EXHIBIT “C” TO ORDINANCE 2013-007 number of articles and news reports on several occasions. According to written surveys the top three priorities for the residents of South Deschutes County are: 1) to retain open space to maintain the rural character of the area; 2) to not allow septic systems in areas of high groundwater; and, 3) to allow for experimentation with alternative methods of sewage disposal. Among the least favored options was extending sewer throughout the region due to the high cost associated with this expansion. However, several small sewer systems exist in the region and people commented and testified at public meetings and hearings that the option of using sewer systems to dispose of sewage should continue to be explored. To ensure that public involvement was as great as possible regarding proposed amendments in 1998 to the comprehensive plan and zoning ordinance, an additional newsletter was mailed that contained a notice of public hearings before the Deschutes County Planning Commission and the Board of County Commissioners. The newsletter also described various aspects of the RPS program, characterized design elements of the new neighborhood as a result of the design charette and encouraged people to attend a community workshop held in early December to learn more about the amendments. This newsletter was mailed to over 5,000 property owners, including the owners of all lots in the RPS project area which are zoned RR-10 and less than 2 acres in size, and the stakeholders, interest groups, agencies, etc., who had previously participated or expressed an interest in the RPS project. More detailed information about the RPS project including information on nitrates, experimental on-site technology, alternative solutions, transferable development credits and a bibliography of the studies and other sources of information used to analyze the region’s problems and to formulate solutions was made available at the hearings. LCDC Acknowledgement In September 2000 the Oregon Land Conservation and Development Commission (LCDC) conducted a hearing and approved the County’s request to expand the La Pine UUC to include the area formerly recognized as the Wickiup Junction Rural Service Center and the New Neighborhood area. The Neighborhood area includes a tract of land the County purchased from the Bureau of Land Management and a privately owned parcel. LCDC also approved the County’s comprehensive plan designation and rezoning of the area added to the La Pine UUC from resource lands zoned exclusive farm use to various planning districts that allow for the creation of a residential subdivision served by municipal water and sewer systems and paved roads. Other Area Specific Policies Oregon Military Site The Oregon Military Department has real property interests in lands outside Redmond that is used for military training. Concerns were raised by that department that the noise of their operations could disturb neighboring properties and the use of the land could be questioned. Developing an overlay zone that requires the military be notified of new development and new development be notified of the military’s right to continue operations, would protect the interests of both parties. Deschutes Junction A community plan was initiated for the Deschutes Junction area, which includes lands designated Rural Industrial and Rural Commercial. There has been some discussion about DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 CHAPTER 3 RURAL GROWTH MANAGEMENT SECTION 3.10 AREA SPECIFIC PLANS AND POLICIES PAGE 8 OF 14 EXHIBIT “C” TO ORDINANCE 2013-007 whether this area should have been designated as a Rural Service Center during the unincorporated community evaluations. After considerable debate, policies for Deschutes Junction were adopted in Ordinance 2011-005 and incorporated into this Plan in Ordinance 2011-027. Crooked River Ranch Crooked River Ranch, a rural subdivision located between the Deschutes and Crooked Rivers, straddles Deschutes and Jefferson counties. It has the largest homeowner association in Oregon and contains approximately 4,000 people. Access to this development occurs in Deschutes County, underscoring the importance of coordinating regularly with its residents and Jefferson County to assure safe, convenient travel routes. S. Deschutes/N. Klamath Groundwater Protection Project The Oregon Department of Environmental Quality (DEQ), the US Geological Survey and Deschutes County have determined that the safety of the groundwater in southern Deschutes and northern Klamath counties is threatened by nitrate contamination from traditional onsite septic wastewater treatment systems. The groundwater aquifer provides the drinking water source for most residents in this area. As of 2010, the DEQ and a steering committee of local area residents are now working with the community to find the best way to protect the groundwater. DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN – 2010 CHAPTER 3 RURAL GROWTH MANAGEMENT SECTION 3.10 AREA SPECIFIC PLANS AND POLICIES PAGE 9 OF 14 EXHIBIT “C” TO ORDINANCE 2013-007 Section 3.10 Area Specific Policies Goals and Policies Goal 1 Create area specific land use policies and/or regulations when requested by a community and only after an extensive public process. Policy 3.10.1 Maintain a list of communities interested in area specific policies and as resources permit, initiate public processes to address local issues. South Deschutes County Policy 3.10.2 Develop a south county community plan and adopt it as a subsection of this Plan. Policy 3.10.3 Support the leadership of the Department of Environmental Quality in working with the community to address groundwater protection issues. Policy 3.10.4 To the maximum extent allowed by law, reinvest net proceeds from the development or sale of County-owned real property in the La Pine Neighborhood Planning Area, now in the City of La Pine, into future improvements such as roads, parks, open space development and maintenance, public buildings and on-site and off-site water and wastewater facility improvements or expansion, in the City of La Pine or Regional Problem Solving study area. Regional Problem Solving Goal 2 Preserve water and air quality, reduce wildfire hazards and protect wildlife habitat. Goal 3 Ensure that domestic water derived from groundwater meets safe drinking water standards. Goal 4 Develop an equitable, market-driven system, that reduces the potential development of existing lots in floodplains, wetlands, mule deer migration corridors and areas susceptible to groundwater pollution. Goal 5 Create a new neighborhood, primarily residential in character, between La Pine and Wickiup Junction, that provides services efficiently, sustains economic development and reduces adverse impacts to groundwater quality in South Deschutes County. Goal 6 Explore innovative sewage treatment and disposal methods. Policy 3.10.5 The County shall continue to work with landowners, citizens, community organizations and governmental agencies at the local, state and federal level to: a. Continue collaborative work on the Regional Problem Solving project. b. Develop, review and implement land use policies and development standards that will ensure that agreed-upon solutions from the Regional Problem Solving project are enacted to the maximum extent possible. c. Acquire land from the Bureau of Land Management between La Pine and Wickiup Junction, west of Highway 97, to develop as a new neighborhood. DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 CHAPTER 3 RURAL GROWTH MANAGEMENT SECTION 3.10 AREA SPECIFIC PLANS AND POLICIES PAGE 10 OF 14 EXHIBIT “C” TO ORDINANCE 2013-007 d. Conduct feasibility studies regarding development of a new neighborhood. Such studies may include, but are not limited to: a master design plan, development costs and funding options, water and sewer system feasibility, traffic impacts, and zoning codes and governance issues. e. Install and monitor innovative on-site sewage treatment and disposal (septic) systems on privately owned parcels in the Regional Problem Solving project area as part of the La Pine National Decentralized Wastewater Treatment Demonstration Project funded by the U.S. Environmental Protection Agency and in cooperation with the Oregon Department of Environmental Quality. f. Work cooperatively with the U.S. Geological Survey and Oregon Water Resources Department during well water sampling and analysis to advance three-dimensional groundwater and nutrient fate and transport modeling in the south Deschutes County area. Policy 3.10.6 The County shall implement and monitor in accordance with DCC 23.44.030(D), a Transferable Development Credit program as a means to redirect potential growth away from residential lots in subdivisions throughout the region into the La Pine Neighborhood Planning Area. The County shall establish a Transfer of Development Credit Review Committee to assist in analyzing and recommending any changes deemed appropriate to the Transfer of Development Credit program. Policy 3.10.7 The County shall continue to evaluate means to reduce nitrate loading from on- site sewage disposal systems by exploring innovative on-site sewage treatment and disposal technology, retrofitting of existing substandard or inappropriately located disposal systems, expansion of sewer systems, development of standards such as an effective lot area or variable lot area requirements, or other measures that will accomplish the goals. Policy 3.10.8 New residential subdivisions and partitions in the La Pine Urban Unincorporated Community shall be connected to a community water system and either the La Pine Special Sewer District sewage treatment system or a community waste water treatment facility that meets Oregon Department of Environmental Quality standards. Oregon Military Site Policy 3.10.39 Support an overlay zone for property owned and/or utilized by the Oregon Military Department to protect the military site and neighboring properties from noise and land use conflicts. Regional Coordination Policy 3.10.410 Coordinate with Jefferson County and Crooked River Ranch residents as needed. Deschutes Junction Policy 3.10.511 Maximize protection of the rural character of neighborhoods in the Deschutes Junction area while recognizing the intended development of properties designated for commercial, industrial and agricultural uses. DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN – 2010 CHAPTER 3 RURAL GROWTH MANAGEMENT SECTION 3.10 AREA SPECIFIC PLANS AND POLICIES PAGE 11 OF 14 EXHIBIT “C” TO ORDINANCE 2013-007 Policy 3.10.612 Review cumulative impacts of future development and future traffic improvements in the Deschutes Junction area in a manner consistent with Deschutes County traffic study requirements at 17.16.115, the Oregon Highway Plan, access management standards of OAR Chapter 734, Division 51, and OAR Chapter 660, Division 12, the Transportation Planning Rule (TPR). Policy 3.10.713 Support safe and efficient travel around Deschutes Junction, including a frontage road extending north from Tumalo Road on the west side of Highway 97. Policy 3.10.814 Review Policies 3.10.11 through 3.10.13 and initiate a Deschutes Junction Master Plan. DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 CHAPTER 3 RURAL GROWTH MANAGEMENT SECTION 3.11 NEWBERRY COUNTRY: A PLAN FOR SO. DESCHUTES COUNTY PAGE 12 OF 14 EXHIBIT “C” TO ORDINANCE 2013-007 Section 3.11 Newberry Country: A Plan for Southern Deschutes County Background Newberry Country: A Plan for Southern Deschutes County was adopted in Ordinance 2013- 007 and is hereby incorporated into this Plan as Appendix D. DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 CHAPTER 3 RURAL GROWTH MANAGEMENT REFERENCES PAGE 13 OF 14 EXHIBIT “C” TO ORDINANCE 2013-007 Chapter 3 Primary References References1 1. Oregon Department of Land Conservation and Development. Goal 7: Areas Subject to Natural Disasters and Hazards. Oregon’s Statewide Planning Goals and Guidelines. 2. Oregon Department of Land Conservation and Development. Goal 8: Recreation Needs. Oregon’s Statewide Planning Goals and Guidelines. 3. Oregon Department of Land Conservation and Development. Goal 9: Economic Development. Oregon’s Statewide Planning Goals and Guidelines. 4. Oregon Department of Land Conservation and Development. Goal 10: Housing. Oregon’s Statewide Planning Goals and Guidelines. 5. Oregon Department of Land Conservation and Development. Goal 11: Public Facilities and Services. Oregon’s Statewide Planning Goals and Guidelines. 6. Oregon Department of Land Conservation and Development. Goal 12: Transportation. Oregon’s Statewide Planning Goals and Guidelines. 7. Central Oregon Regional Housing Authority (Housing Works) website at http://www.oregonhousingworks.org 8. Economic Development for Central Oregon website at http://www.edcoinfo.com 9. Improving Deschutes County’s Competitiveness: Business Location and Retention Factors. A report by Headwaters Economics in partnership with Economic Development for Central Oregon. July 2010. 10. Oregon Department of Land Conservation and Development. Natural Hazards Program. 2003 11. Oregon Department of Land Conservation and Development. Planning for Natural Hazards: Oregon Technical Resource Guide. 2002 12. 2006 Deschutes County Natural Hazards Mitigation Plan 13. 2010 Deschutes County Natural Hazards Mitigation Plan 14. Deschutes County Community Wildfire Protection Plans 15. Upper Deschutes Fire Learning Network. Upper Deschutes Basin website at http://www.tncfire.org 16. D.R. Sherrod, L.G. Mastin, W.E Scott, S.P. Schilling. Volcano Hazards at Newberry Volcano, Oregon. U.S. Geological Survey Open-File Report 97-513 17. W.E. Scott, R.M. Iverson, S.P. Schilling, B.J. Fisher. Volcano Hazards in the Three Sisters Region, Oregon. UlSl Geological Survey Open-File Report 99-437 1 The references listed are provided for the convenience of the public and are not legally adopted into this Plan. DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 CHAPTER 3 RURAL GROWTH MANAGEMENT REFERENCES PAGE 14 OF 14 EXHIBIT “C” TO ORDINANCE 2013-007 18. Oregon Revised Statute 197.435-197.467 Siting of Destination Resorts2 19. Oregon Administrative Rules Chapter 660 particularly: a. 660-008 Interpretation of Goal 10 Housing b. 660-009 Economic Development c. 660-011 Public Facilities d. 660-012 Transportation 2 The references listed are provided for the convenience of the public and are not legally adopted into this Plan. DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12LEGISLATIVE HISTORY PAGE 1 OF 1 EXHIBIT “D” TO ORDINANCE 2013-007 Background This section contains the legislative history of this Comprehensive Plan. TTaabbllee 55..1111..11 CCoommpprreehheennssiivvee PPllaann OOrrddiinnaannccee HHiissttoorryy Ordinance Date Adopted/ Effective Chapter/Section Amendment 2011-003 8-10-11/11-9-11 All, except Transportation, Tumalo and Terrebonne Community Plans, Deschutes Junction, Destination Resorts and ordinances adopted in 2011 Comprehensive Plan update 2011-027 10-31-11/11-9-11 2.5, 2.6, 3.4, 3.10, 3.5, 4.6, 5.3, 5.8, 5.11, 23.40A, 23.40B, 23.40.065, 23.01.010 Housekeeping amendments to ensure a smooth transition to the updated Plan 2012-005 8-20-12/11-19-12 23.60, 23.64 (repealed), 3.7 (revised), Appendix C (added) Updated Transportation System Plan 2012-012 8-20-12/8-20-12 4.1, 4.2 La Pine Urban Growth Boundary 2012-016 12-3-12/3-4-13 23.48 (repealed), 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 TBD 3.10, 3.11 Newberry Country: A Plan for Southern Deschutes County Section 5.12 Legislative History DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 45 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.11 GOAL 5 ADOPTED ORDINANCES Exhibit E to Ordinance 2013-007 Page 1 of 14 FINDINGS The Deschutes County Planning Commission (Planning Commission) held public hearings on October 25 and November 8, 2012 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 December 13, 2012 and forwarded a recommendation of adoption to the Board of County Commissioners (Board). The Board held hearings on February 26 and March 13, 2013. The written record was left open until 5:00 p.m. on March 29. 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. 1 A public notice was published in the Bulletin on September 30, 2012. Exhibit E to Ordinance 2013-007 Page 2 of 14 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. 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 Exhibit E to Ordinance 2013-007 Page 3 of 14 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. 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 2013-007, Exhibits A, B, C, and D. Added language is underlined and deleted shown as strikethrough. Exhibit E to Ordinance 2013-007 Page 4 of 14 III. REVIEW CRITERIA Ordinance 2013-007 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 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 2013-007 complies with applicable statewide planning goals and state law. Goal 1, Citizen Involvement is met through this adoption process because these amendments received four public hearings, two before the Planning Commission (County’s citizen review board for land use matters) and two 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 2 Newberry Country: A Plan for Southern Deschutes County, See pages 8-9. Exhibit E to Ordinance 2013-007 Page 5 of 14 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.  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; e) Preservation of wildlife habitat; and, f) Streamside stewardship information and requirements.  Policy 2.7, Collaborate with Lake and Klamath counties on regional issues that affect South County, such as groundwater quality, economic development, adult education, social services, transportation, and recreation, including trails.  Policy 2.8, Support and encourage a diverse array of community partners to collaborate on comprehensive substance abuse prevention best practices.  Policy 2.9, Promote community and individual engagement in comprehensive substance abuse prevention best practices. Exhibit E to Ordinance 2013-007 Page 6 of 14  Policy 2.10, Cultivate an understanding of the causes of poverty and its impact on citizens and community in order to provide opportunities for citizens to move out of it. Goal 2, Land Use Planning is met because ORS 197.610 allows local governments to initiate post acknowledgments amendments. An Oregon Land Conservat ion 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.  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 a 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, Support the development of economically viable strategies to address surveying errors including those in the Lechner Estates area . o Goal 16, Support environmental stewardship and natural resource protection. 3 Deschutes County completed periodic review on January 23, 2003. The Comprehensive Plan Update was adopted in 2011, with effective date of November 9. 4 See note 2 above. Pages 11 and 15. Exhibit E to Ordinance 2013-007 Page 7 of 14  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, Upper Deschutes River Coalition, 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 controlled and uncontrolled burns and industrial projects.  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 and community composting, including woody debris and curbside recycling, if feasible.  Policy 16.8, Assess the feasibility of forming a South County wetlands mitigation bank.  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 efforts to work with all partners in the upper Deschutes Basin on a comprehensive water management plan that restores and manages flows in the upper Deschutes River while meeting the needs of users and property owners.  Policy 16.12, Consider an ordinance to limit the number of livestock allowed on small acreages in order to limit nitrates from entering the groundwater and protecting public health. Exhibit E to Ordinance 2013-007 Page 8 of 14  Policy 16.13, Provide information about: a) Maintaining native streamside vegetation in wetlands and floodplains to protect water quality; and, b) Negative effects of fertilizers, lawns, and non -native grasses impacting wetlands, floodplains and streams. 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, Conduct a joint Board of County Commissioner/Planning Commission hearing in Newberry Country to: a) Discuss the South County/Northern Klamath County steering committee recommendatio ns; and, b) Allow for public comments. 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.  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 Deschute s River Coalition. 5 Ibid. Page 12. 6 Id. Page 15. Exhibit E to Ordinance 2013-007 Page 9 of 14  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 and man-made hazards.  Policy 14.1, Maintain a Natural Hazards Mitigation Plan as described in the Deschutes County Comprehensive Plan, Section 3.5, Natural Hazards.  Policy 14.2, Evaluate the potential for man-made hazards associated with the Burlington Northern Santa Fe Railway and Highway 97 .  Policy 14.3, Evaluate existing emergency shelters to ensure the alternates are available if primary shelters are not available.  Policy 14.4, 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.  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 7 Id. Page 16. Exhibit E to Ordinance 2013-007 Page 10 of 14 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 points, 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; c) Collaborating with Klamath County, Gilchrist and Crescent; and, d) Encourage business support and participation in substance abuse best practices which foster a successful youth and a strong employment base.  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.  Policy 7.1, Adopt zoning for small destination resorts, as defined in ORS 197.445. 8 Id. Page 11. Exhibit E to Ordinance 2013-007 Page 11 of 14  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, Conduct a joint Board of County Commissioner/Planning Commission hearing in Newberry Country to: a) Discuss the South County/Northern Klamath County steering committee recommendations; and, b) Allow for public comments. 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. 9 Id. Page 12. 10 Id. Pages 13 and 14. Exhibit E to Ordinance 2013-007 Page 12 of 14 o Goal 10, Expand transportation options.  Policy 10.1, Support appropriate entities 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, rural residents 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 destination s; 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 A lliance; 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.  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. Exhibit E to Ordinance 2013-007 Page 13 of 14  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 addre ss 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.  Policy 12.5, Encourage the use of partnering agency resources for comprehensive substance abuse prevention strategies in order to reduce impaired walking, cycling and driving. 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 designation changes, zoning map changes, development or land use changes are being proposed that apply to urbanized uses or Urban Growth Boundaries. Exhibit E to Ordinance 2013-007 Page 14 of 14 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 2013-007, it contains updated demographics, pictures, maps, goals and policies.