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1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
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For Board Business Meeting of April 23, 2014
DATE: April 16, 2014
I FROM: Matthew Martin CDD 541-330-4620
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TITLE OF AGENDA ITEM:
Consideration of First Reading by title only of Ordinance Nos. 2014-009,2014-011,2014-012,
Amending Deschutes County Code (DC C) Titles 18, 22, and 23 to incorporate "housekeeping" changes
that correct errors and provide clarification of existing regulations, procedures, and policies.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
The Planning Division has compiled "housekeeping" text amendments based on our experiences with
current code language. The amendments are an effort to correct noted errors and provide clarification
to existing land use regulations and policies. These housekeeping amendments do not alter the
permitted uses or use standards of the code. Additionly, no state statutes, rules, or land use goals apply
to these changes. Three ordinances are required to make changes to DCC Titles 18, 22, and 23.
The Board of County Commissioners held a public hearing on April 2, 2014, and directed staff to make
various changes to the text in the ordinances. Those changes were made and the attached ordinances
reflect those changes. Therefore, the Board may conduct the first reading of each of the ordinances.
The second reading will be no later than 13 days from the first reading and it is expected that the
adoption ofthe ordinances will be on that same day. The ordinances will become effective 90 days
after the adoption.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Motion 1: Approval of first reading by title only of Ordinance No. 2014-012.
Motion 2: Approval of first reading by title only of Ordinance No. 2014-009.
Motion 3: Approval of first reading by title only of Ordinance No. 2014-011.
ATTENDANCE: Matthew Martin and Legal Counsel
DISTRIBUTION OF DOCUMENTS:
Matt Martin, CDD
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REVIEWED
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LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code *
Title 23 and the Deschutes County Comprehensive * ORDINANCE NO. 2014-012
Plan to Incorporate "Housekeeping" Changes that *
Correct Errors and Provide Clarification of Existing *
Regulations, Procedures, and Policies. *
WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments
(Planning Division File No. T A-14-1) to the Deschutes County Comprehensive Plan, Chapter 4, Urban Growth
Management to incorporate "housekeeping" changes correct errors and provide clarification of existing
regulations, procedures, and policies; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on February
27, 2014 and forwarded to the Deschutes County Board of County Commissioners ("Board"), a
recommendation of approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on April 2, 2014, and
concluded that the public will benefit from the proposed changes to the Deschutes County Comprehensive Plan
Chapter 4 and Deschutes County Code ("DCC") Title 23; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section l. AMENDMENT. DCC 23.01.010, Introduction, is amended to read as described in Exhibit
"A," attached hereto and by this reference incorporated herein, with new language underlined and language to
be deleted in strikethrough.
Section 2. AMENDMENT. Deschutes County Comprehensive Plan Table of Contents is amended to
read as described in Exhibit "B," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in strikethrough.
Section 3. AMENDMENT. Deschutes County Comprehensive Plan Chapter 4, Urban Growth
Management, is amended to read as described in Exhibit "C," attached hereto and by this reference incorporated
herein, with new language underlined and language to be deleted in strikethrough.
Section 4. AMENDMENT. Deschutes County Comprehensive Plan Chapter 5, Supplementary
Sections, is amended to read as described in Exhibit "D," attached hereto and by this reference incorporated
herein, with new language underlined and language to be deleted in strikethrough.
PAGE 1 OF 2 -ORDINANCE NO. 2014-012 (4/2/14)
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Section 5. FINDINGS. The Board adopts as its findings Exhibit "E", attached and incorporated by
reference herein.
Dated this ___of _____, 2014 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ATTEST:
ANTHONY DEBONE, Vice Chair
Recording Secretary ALAN UNGER, Commissioner
Date of 1st Reading: __day of _____, 2014.
Date of 2nd Reading: __day of _____, 2014.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Tammy Baney
Anthony DeBone
Alan Unger
Effective date: __day of _____, 2014.
PAGE 2 OF 2 -ORDINANCE NO. 2014-012 (4/2/14)
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.
1. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-007, are incorporated by reference herein.
J. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-005, are incorporated by reference herein.
K. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-006, are incorporated by reference herein.
L. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-012, are incorporated by reference herein.
(Ord. 2014-012 §1, 2014; Ord. 2014-006 §2, 2013; Ord. 2014-005 §2; Ord. 2013-012 §2, 2013; Ord.
2013-009 §2, 2013; Ord. 2013-007 § 1,2013; Ord. 2013-002 § 1,2013; Ord. 2013-001 § 1,2013; Ord.
2012-016 §1, 2012; Ord. 2012-013 §I, 2012; Ord. 2012-005 §1, 2012; Ord. 2011-027 §I 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 NO. 2014-012
Till ble Of Co V'vteV'vts
Preamble, Vision and Use of this Plan iii
Chapter I Comprehensive Planning
Section 1.1 Introduction ..................................................................................................................... 2
Section 1.2 Community Involvement ............................................................................................... 9
Section 1.3 Land Use Planning ......................................................................................................... 13
Primary References ............................................................................................................................21
Chapter 2 Resource Management
Section 2.1 Introduction ....................................................................................................................... 2
Section 2.2 Agricultural Lands ...........................................................................................................4
Section 2.3 Forest Lands ................................................................................................................... 13
Section 2.4 Goal 5 Overview ........................................................................................................... 18
Section 2.5 Water Resources ..........................................................................................................21
Section 2.6 Wildlife ............................................................................................................................45
Section 2.7 Open Spaces. Scenic Views and Sites .......................................................................55
Section 2.8 Energy Resources ..........................................................................................................58
Section 2.9 Environmental Quality .................................................................................................65
Section 2.10 Surface Mining ..............................................................................................................70
Section 2.11 Cultural and Historic Resources .............................................................................72
Primary References ............................................................................................................................75
Chapter 3 Rural Growth Management
Section 3.1 Introduction ..................................................................................................................... 2
Section 3.2 Rural Development ......................................................................................................... 3
Section 3.3 Rural Housing ................................................................................................................... 5
Section 3.4 Rural Economy ................................................................................................................ 8
Section 3.5 Natural Hazards ............................................................................................................ 16
Section 3.6 Public Facilities and Services .......................................................................................26
Section 3.7 Transportation ...............................................................................................................32
Section 3.8 Rural Recreation ...........................................................................................................33
Section 3.9 Destination Resorts ......................................................................................................40
Section 3.10 Area Specific Plans and Policies ...............................................................................45
Section 3.11 Newberry Country: A Plan for Southern Deschutes County ........................ 47
Primary References ............................................................................................................................48
Chapter 4 Urban Growth Management
Section 4.1 Introduction .......................................................................~............................................. 2
Section 4.4,S. Sunriver ...................................................................................................................... I ~Z
Section 4.~2 Terrebonne Community Plan ................................................................................. 272.
Section 4.2 Urbanization .....................................................................................................................4
Section 4.3 Unincorporated Communities ................................................................................... 13
Section 4.4 La Pine ............................................................................................................................. 15
Page 1 of2-EXHIBIT B TO ORDINANCE NO. 2014-012
Section 4.1,1 Tumalo Community Plan ....................................................................................... 2:830
Section 4.~ Resort Communities Rural Service Centers ...................................................1-9ll
Section 4.82 Rural Service Centers ............................................................................................. 3~
Primary References ......................................................................................................................... 4G2
Chapter 5 Supplemental Sections
Section 5.1 Introduction ..................................................................................................................... 2
Section 5.2 Glossary and Acronyms ................................................................................................. 3
Section 5.3 GoalS Inventory -Water Resources ........................................................................7
Section 5.4 Goal 5 Inventory -Wildlife Habitat ......................................................................... 11
Section 5.5 Goal 5 Inventory -Open Spaces, Scenic Views and Sites ...................................23
Section 5.6 Goal 5 Inventory -Energy Resources ......................................................................26
Section 5.7 Goal 5 Inventory -Wilderness, Natural Areas and Recreation Trails .............28
Section 5.8 Goal 5 Inventory -Mineral and Aggregate Resources .........................................29
Section 5.9 Goal 5 Inventory -Cultural and Historic Resources ...........................................36
Section 5.10 Goal Exception Statements ......................................................................................40
Section 5.1 I Goal 5 Adopted Ordinances .................................................................................... .43
Section 5.12 Legislative History ......................................................................................................44
Page 2 of2-EXHIBIT B TO ORDINANCE NO. 2014-012
Page I of42-EXHIBIT C TO ORDINANCE NO. 2014-012
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Background
I A major emphasis of Oregon's land use planning program is directing new development into
urban areas. Statewide Planning Goal 14, Urbanization, requires cities, in cooperation with
counties, to create Urban Growth Boundaries (UGBs). The UGBs are legal lines that contain
I lands that are anticipated to urbanize over a 20-year period. UGBs allow cities to adequately
plan for future urban facilities and services. State laws require that UGBs be adopted by both
the city and the county.
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Besides the UGBs which define the land needed for city expansion over 20 years, some cities
1 adopt Urban Reserve Areas (URAs), which define land needed beyond a 20 year horizon,
typically representing an additional 10 to 30 year land supply. By adopting an URA a city can
better plan for expansion and growth. Like UGBs, URAs are done in a partnership between a
county and the city.
Deschutes County has four incorporated cities. Bend, Redmond and Sisters were incorporated
before 1979. The City of La Pine incorporated on November 7, 2006. Bend, Redmond and
Sisters' Comprehensive Plans are coordinated with the County. Certain elements are adopted
into the County's. In addition, the cities and the County maintain urban growth area zoning
ordinances and cooperative agreements for mutually administering the unincorporated
urbanizing areas. These areas are located outside city limits but within UGBs. La Pine adopted a
Comprehensive Plan and UGB in 2012. Until La Pine adopts its own land use regulations,
County land use regulations will continue to be applied inside the city limits though a joint
management agreement.
In addition to cities and the associated UGBs and URAs, there are rural locations around the
County that contain urban level development. These areas generally existed before the Oregon
land use system was enacted in the early I 970s. In 1994 the Land Conservation and
Development Commission wrote a new Oregon Administrative Rule (OAR). 660-22, to classify
and regulate these unincorporated communities. The OAR created four categories of
unincorporated communities and required the County to evaluate existing rural developments I
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under the new Rule.
Purpose
I The Urban Growth Management chapter, in concert with the other chapters of this Plan,
.~ specifies how Deschutes County will work with cities and unincorporated communities to
1 accommodate growth while preserving rural character and resource lands.
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I The following issues are covered in this chapter:
• Urbanization (Section 4.2)
• Unincorporated Communities Overview (Section 4.3)
! • La Pine Urban Unincorporated Community (Section 4.4) I • Sunriver Urban Unincorporated Community (Section 4.4~)
• Terrebonne Rural Community Plan (Section 4 ..S~)
Page 2 of 42-EXHIBIT C TO ORDINANCE NO. 2014-012
• Tumalo Rural Community Plan (Section 4.6Z)
• Black Butte Ranch and Inn of the 7th MountainlWidgi Creek Rural Resorts (Section 4.7.s)
• Rural Service Centers (Section 4.82)
Goal 14 recognizes the following:
Statewide Planning Goal 14 Urbanization
f<T0 provide (or an orderly and efficient transition (rom rural to urban land use, to
accommodate urban population and urban employment inside urban growth
boundaries, to ensure efficient use o(land, and to provide (or livable communities."
Excerpt from Goal 14 Planning Guidelines
mPlans should designate sufficient amounts o(urbanizable land to accommodate the
need (or (urther urban expansion, taking into account (I) the growth policy o(the area;
(2) the needs o(the (orecast population; (3) the carrying capacity o(the planning area;
and (4) open space and recreational needs."
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Background
This section describes the coordination between the County and the cities of Bend. La Pine,
Redmond and Sisters on Urban Growth Boundaries (UGBs) and Urban Reserve Areas (URAs).
Statewide Planning Goal 2 recognizes the importance of coordinating land use plans.
"City, county, state and federal agency and special district plans and actions
related to land use shall be consistent with the comprehensive plans of cities and
counties and regional plans adopted under ORS Chapter 268."
Oregon Revised Statute 197.015(5) goes further to define comprehensive plan coordination.
"A plan is "coordinated" when the needs of all levels of governments, semipubliC
and private agencies and the citizens of Oregon have been considered and
accommodated as much as possible."
Population
An important basis for coordinating with cities is adopted population projections. Having an
estimate of anticipated population is the first step to planning for future growth and
conservation. ORS I 95.025( I) requires counties to coordinate local plans and population
forecasts. The County oversees the preparation of a population forecast in close collaboration
with cities. This is important because the population of the County has increased Significantly in
recent decades and a coordinated approach allows cities to ensure managed growth over time.
Table 4.2.1 -Population Growth in Deschutes County 1980 to 2010
Sources 1980 1990 2000 2010
Population Research Center July I estimates 62,500 75,600 116,600 172,050
US Census Bureau April 1 counts 62,142 74,958 115,367 157,733
Source: As noted above
In 1996 Bend, Redmond, Sisters and the County reviewed recent population forecasts from the
Portland State UniverSity Center Population and Research Center (PRC) and U.S. Census
Bureau, Department of Transportation, Woods and Poole, Bonneville Power Administration
and Department of Administrative Services Office of Economic Analysis. After reviewing these
projections, all local governments adopted a coordinated population forecast. It was adopted by
Deschutes County in 1998 by Ordinance 98-084.
The results of the 2000 decennial census and subsequent population estimates prepared by the
PRC revealed that the respective populations of the County and its incorporated cities were
growing faster than anticipated under the 1998 coordinated forecast. The cites and the County
re-engaged in a coordination process between 2002 and 2004 that culminated with the County
adopting a revised population forecast that projected population to the year 2025. It was
adopted by Ordinance 2004-012 and upheld by the Land Use Board of Appeals on March 28,
2005.
The following table displays the 2004 coordinated population forecast for Deschutes County
and the UG Bs of the cities of Bend, Redmond, and Sisters.
Page 4 of 42-EXHIBIT C TO ORDINANCE NO. 2014-012
Table 4.2.2 -Coordinated Population Forecast 2000 to 2025
Year Bend UGB Redmond UGB Sisters UGB Unincorporated
County Total County
2000 52,800 15,505 975 47,320 116,600
2005 69,004 19,249 1,768 53,032 143,053
2010 81,242 23,897 2,306 59,127 166,572
2015 91,158 29,667 2,694 65,924 189,443
2020 100,646 36,831 3,166 73,502 214,145
2025 109,389 45,724 3,747 81,951 240,811
Source: 2004 Coordinated Populatton Forecast for Deschutes County
The process through which the County and the cities coordinated to develop the 2000-2025
coordinated forecast is outlined in the report titled "Deschutes County Coordinated
Population Forecast 2000-2025: Findings in Support of Forecast."
The fourth city in Deschutes County is the City of La Pine. Incorporated on November 7,
2006, the City of La Pine's 2006 population estimate of 1,590 was certified by PRC on
December 15, 2007. As a result of La Pine's incorporation, Deschutes County updated its
Coordinated Population Forecast with Ordinance 2009-006.
The purpose of this modification was to adopt a conservative 20 year population forecast for
the City of La Pine that could be used by city officials and the Oregon Department of Land
Conservation and Development to estimate its future land need and a UGB.
The following table displays the coordinated population forecast for Deschutes County, the
UGBs of the cities of Bend, Redmond, and Sisters, and La Pine from 2000 to 2025. By extending
the growth rate to the year 2025, La Pine's population will be 2,352. The non-urban
unincorporated population decreases by 2,352 from its original projection of 81,951, to 79,599.
Table 4.2.3 -Coordinated Population Forecast 2000 to 2025, Including La Pine
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Year Bend
UGB
Redmond
UGB
Sisters
UGB
La Pine
UGB
Unincorporated
County Total County
2000 52,800 15,505 975 -47,320 116,600
2005 69,004 I 19,249= 1,768 -53,032 143,053
2010 81,242 I 23,897 2,306 1,697 57,430 166,572
2015 91, 158 29,667 2,694 1,892 I 64,032 189.443
2020 100.646 36,831 3,166 2,110 71,392 214,145
2025 109,389 45,724 3,747 2,352 79,599 240,811
Source: 2004 Coordmated Population Forecast for Deschutes County -updated 2009
2030 Population Estimate
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This Comprehensive Plan is intended to manage growth and conservation in the
unincorporated areas of the County until 2030. Because the official population forecast extends
only to 2025, County staff used conservative average annual growth rates from the adopted
population forecast to estimate population out to 2030. The following table estimates
Deschutes County population by extending the adopted numbers out an additional five years.
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Table 4.2.4 -Deschutes County 2030 Population Forecast
Year Bend
UGB
Redmond
UGB
Sisters
UGB
La Pine
UGB
Unincorporated
County Total County
2030 119,009 51,733 4,426 2,632 88,748 266,538
Source: County estimates based on the 2004 Coordmated PopulatIon Forecast as shown below
Bend's average annual growth rate from 2025 to 2030 is 1.70%
Redmond's average annual growth rate from 2025 to 2030 is 2.50%
Sisters' based their population on forecasted rates of building growth, residential housing units, and persons per dwelling unit
La Pine's average annual growth rate from 2025 to 2030 is 2.20%
Deschutes County's unincorporated area average annual growth rate from 2025 to 2030 is 2.20%
As the pie chart below indicates, if population occurs as forecasted, 67% of the County's
population will reside in urban areas by 2030.
In 2030
lklincorporate<l Figure 4.1 Deschutes County 2030
Area Bend Estimated Population
33% 45%
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La Ane Rednond
1% 19"A.
Sisters
2%
Such growth will undoubtedly require strategically managing the provision of public services and
maintaining adequate amounts of residential, commercial and industrial lands. Growth pressures
will also require programmatic approaches to maintain open spaces, natural resources, and
functional ecosystems that help define the qualities of Deschutes County.
Urban Growth Boundary Amendments
Bend
The City of Bend legislatively amended its UGB as part of a periodic review acknowledgment in
December 2004. The Bend City Council and the Board of County Commissioners adopted
concurrent ordinances that expanded the Bend UGB by 500 acres and satisfied a 20 year
demand for industrial land.
In July 2007, the Bend-La Pine School District received approvals to expand the City of Bend
UGB to include two properties for the location of two elementary schools, one at the Pine
Nursery, the other on Skyliner Road.
Sisters
The City of Sisters legislatively amended its UGB in September 2005 when its City Council and
the Board of County Commissioners adopted respective ordinances. The Sisters UGB
expansion covered 53 acres and satisfied a 20 year demand for residential, commercial, light
industrial, and public facility land. In March 2009, Sisters amended their UGB to facilitate the
establishment of a 4-acre fire training facility for the Sisters/Camp Sherman Fire District.
Page 6 of 42-EXHIBIT C TO ORDfNANCE NO. 2014-012
Redmond
The City of Redmond legislatively amended its UGB in August 2006 when its City Council and
the Board of County Commissioners adopted respective ordinances. The Redmond UGB
expansion covered 2,299 acres and satisfied a 20 year demand for residential and neighborhood
commercial land.
La Pine
In 2012 La Pine adopted its first Comprehensive Plan. La Pine established a UG B that matches
the city limits, because the City contains sufficient undeveloped land for future housing,
commercial and industrial needs over a 20-year period. The Plan map includes land use
designations intended to provide an arrangement of uses to ensure adequate and efficient
provision of public infrastructure for all portions of the City and UGB.
Urban Reserve Area
Redmond
In December 2005, Redmond City Council and the Board of County Commissioners adopted a
5,661 acre URA for the City. It is the first URA in Central Oregon because most cities find
planning farther into the future than the 20-year UG B timeframe, challenging.
Coordination
As noted above, Statewide Goal 2 and ORS promote land use planning coordination. The
purposes of the urbanization goals and policies in this section are to provide the link between
urban and rural areas, and to provide some basic parameters within which the urban areas of
Deschutes County can develop, although the specific comprehensive plan for each community
remains the prevailing document for guiding growth in its respective area. These policies
permit the County to review each city's comprehensive plan to ensure effective coordination.
The Redmond and Deschutes County Community Development Departments received the Oregon
Chapter of American Planning Association's (OAPA) Professional Achievement in Planning Award in
2006 for the "Redmond Urban Reserve Area I Urban Growth Boundary
Expansion Project.".
The following quote taken from the Oregon Chapter of the American
Planning Association's 2006 Awards Program shows why the Redmond
Community Development Department was chosen for this award.
"An outstanding effort to address Redmond's rapid population growth,
including the successful deSignation of an Urban Reserve and the
imminent designation of an Urban Growth Boundary, a "Framework
Plan" with a requirement for master planning, and the establishment of
"Great Neighborhood Principles."
Central Oregon Large Lot Industrial Land Need Analysis
During the I 990s, the Central Oregon region experienced a dramatic transformation from an
economy concentrated largely in wood products into a service based economy serving a
growing and diverse tourism and household base. Accelerated in-migration and tourism growth
gave way to rapid economic expansion, escalation in home prices, and a systematic shift in the
Page 7 of 42-EXHIBIT C TO ORDfNANCE NO. 2014-012
local economy from goods producing activities to service oriented industries. While initially
representing a diversification of the local economy, this shift led to an over-reliance upon these
types of industries.
During the recent recession, the regional economy's vulnerabilities became apparent. Suitable
land for today's industrial development forms emerged as one of Oregon's most severe
development challenges. In 20 I 0, 20 I I, and 2012, Deschutes, Crook and Jefferson counties
and their respective cities, undertook an unprecedented regional evaluation of the economic
opportunities and constraints associated with users of large industrial parcels in the Central
Oregon region. The purpose of this evaluation was to aid in providing a more diversified
economic base for the region that would accommodate industrial uses with a need for larger
lots than possibly may be currently available in any of the Central Oregon cities. As part of that
evaluation, Deschutes County hired a consultant to draft an analysis of Central Oregon's
opportunities, competitiveness, ability, and willingness to attract more basic industries. The
analysis focused specifically on industries that require large lots. The result was a document
called the Central Oregon Regional Economic Opportunity Analysis, and was the basis for
Ordinance 20 I 1-017, dated May 31, 20 I I.
Ordinance 20 I 1-017 was appealed to the Land Use Board of Appeals by 1,000 Friends of
Oregon (" I ,000 Friends"). The appeal was stayed in early 2012 to allow Deschutes County, the
Governor's Office, and 1,000 Friends to explore a settlement, which was ultimately reached in
April, 2012. The settlement consisted of policy concepts focusing entirely on Central Oregon's
short-term need for large-lot industrial sites as well as a commitment from the Department of
Land Conservation and Development ("DLCD") to initiate rule-making that summer. The three
counties, their respective cities, I ,000 Friends, and DLCD staff then engaged in drafting a
proposed rule. In August, the final draft of that rule was then sent to the Oregon Land
Conservation and Development Commission ("LCDC"). As a result, in November, the LCDC
adopted Oregon Administrative Rule (OAR) 660-024-0040 and 660-024-0045. That rule
provides that that the large lot industrial land need analYSis agreed upon by all of the parties,
once adopted by each of the participating governmental entities, would be sufficient to
demonstrate a need for up to nine large industrial sites in Central Oregon. Six of the sites will
be made available initially. Three more sites may be added under the rule as the original sites
are occupied. After the adoption of the new OARs, Deschutes County voluntarily repealed
Ordinance 20 I 1-017 and adopted a new ordinance, Ordinance 2013-002, in accordance with
the OARs.
Utilizing the new OARs, Ordinance 2013-002 emphasized Central Oregon' short term need for
a critical mass of competitive and diverse vacant, developable industrial sites. An additional
necessary component is an intergovernmental agreement ("IGA") between the region's
jurisdictions and the Central Oregon Intergovernmental Council ("COIC"). Through the IGA,
COIC will provide oversight of the short-term land supply of large-lot industrial sites to enable
the region to become competitive in industrial recruitment. Once each of the three counties
and their respective cities adopt similar ordinances and enter into an IGA with COIC, the large
lot sites will enable industrial recruitment opportunities to attract potential industrial users to
consider the region that may not have otherwise without the availability of these large lots.
Page 8 of 42-EXHIBIT C TO ORDINANCE NO. 2014-012
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Participating local governments will review the program after all nine sites have been occupied
or after ten years, whichever comes first.
Page 9 of 42-EXHIBIT C TO ORDINANCE NO. 2014-012
Goals and Policies
Goal I
Policy 4.2.1
Policy 4.2.2
I Policy 4.2.3
Goal 2
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J Policy 4.2.4 1
Policy 4.2.5
Policy 4.2.6
Policy 4.2.7
Goal 3
Policy 4.2.8
Policy 4.2.9
Policy 4.2.10
Coordinate with cities, special districts and stakeholders to support
urban growth boundaries and urban reserve areas that provide an
orderly and efficient transition between urban and rural lands.
Participate in the processes initiated by cities in Deschutes County to create
and/or amend their urban growth boundaries.
Promote and coordinate the use of urban reserve areas. '
Review the idea of using rural reserves.
Coordinate with cities, special districts and stakeholders on urban
growth area zoning for lands inside urban growth boundaries but
outside city boundaries.
Use urban growth area zoning to coordinate land use decisions inside urban
growth boundaries but outside the incorporated cities.
Negotiate intergovernmental agreements to coordinate with cities on land use
inside urban growth boundaries and outside the incorporated cities.
Develop urban growth area zoning with consideration of the type, timing and
location of public facilities and services provision consistent with city plans.
Adopt by reference the comprehensive plans of Bend, La Pine, Redmond and
Sisters, as the policy basis for implementing land use plans and ordinances in
each city's urban growth boundary.
Coordinate with cities, special districts and stakeholders on policies
and zoning for lands outside urban growth boundaries but inside
urban reserve areas.
Designate the Redmond Urban Reserve Area on the County Comprehensive
Plan Map and regulate it through a Redmond Urban Reserve Area (RURA)
Combining Zone in Deschutes County Code, Title '8.
In cooperation with the City of Redmond adopt a RURA Agreement consistent
with their respective comprehensive plans and the requirements of Oregon
Administrative Rule 660-021-0050 or its successor.
The following land use policies guide zoning in the RURA.
a. Plan and zone RURA lands for rural uses, in a manner that ensures the
orderly, economic and efficient provision of urban services as these lands are
brought into the urban growth boundary.
b. New parcels shall be a minimum of ten acres.
c. Until lands in the RURA are brought into the urban growth boundary, zone
changes or plan amendments shall not allow more intensive uses or uses that
Page 10 of 42-EXHIBIT C TO ORDINANCE NO. 2014-012
generate more traffic, than were allowed prior to the establishment of the
RUM.
d. For Exclusive Farm Use zones, partitions shall be allowed based on state law
and the County Zoning Ordinance.
e. New arterial and collector rights-of-way in the RUM shall meet the right-of
way standards of Deschutes County or the City of Redmond, whichever is
greater, but be physically constructed to Deschutes County standards.
f. Protect from development existing and future arterial and collector rights-of
way, as designated on the County's Transportation System Plan.
g. A single family dwelling on a legal parcel is permitted if that use was permitted
before the RUM designation.
Policy 4.2.1 I Collaborate with the City of Redmond to assure that the County-owned 1,800
acres in the RUM is master planned before it is incorporated into Redmond's
urban growth boundary.
Goal 4 To build a strong and thriving regional economy by coordinating
public investments, policies and regulations to support regional and
state economic development objectives in Central Oregon.
Policy 4.2.12 Deschutes County supports a multi-jurisdictional cooperative effort to pursue a
regional approach to establish a short-term supply of sites particularly designed
to address out-of-region industries that may locate in Central Oregon.
Policy 4.2.13 Deschutes County recognizes the importance of maintaining a large-lot industrial
land supply that is readily developable in Central Oregon.
Policy 4.2.14 The Central Oregon Regional Large Lot Industrial Land Need Analysis
("Analysis"), adopted by Ordinance 2013-002 is incorporated by reference
herein.
Policy 4.2.15 Within 6 months of the adoption of Ordinance 2013-002. in coordination with
the participating local governments in Central Oregon. Deschutes County shall,
execute an intergovernmental agreement ("IGA") with the Central Oregon
Intergovernmental Council ("COIC") that specifies the process of allocation of
large lot industrial sites among the participating local governments.
Policy 4.2.16 In accordance with OAR 660-024-004 and 0045, Deschutes County. fulfilling
coordination duties specified in ORS 195.025, shall approve and update its
comprehensive plan when participating cities within their jurisdiction legislatively
or through a quasi-judicial process designate regionally significant sites.
Policy 4.2.17 Deschutes County supports Economic Development of Central Oregon
("EDCO"), a non-profit organization facilitating new job creation and capital
investment to monitor and advocate for the region's efforts of maintaining an
inventory of appropriate sized and located industrial lots available to the market
Policy 4.2.18 Deschutes County will collaborate with regional public and private
representatives to engage the Oregon Legislature and state agencies and their
commissions to address public facility. transportation and urbanization issues
that hinder economic development opportunities in Central Oregon.
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Policy 4.2.19 Deschutes County will strengthen long-term confidence in the economy by
building innovative public to private sector partnerships.
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Background
Besides the four incorporated cities in Deschutes County, there are a number of
unincorporated communities. These consist of areas developed with urban uses in rural areas.
Generally, unincorporated communities were developed prior to the Oregon planning system
and recognized as rural service centers in the 1979 version of this plan. Subsequently, to
control their growth, the State initiated unincorporated community classifications and
regulations to define allowable uses.
The 1979 comprehensive plan designated the following rural service centers (RSC): Alfalfa,
Brothers, Hampton, Millican, La Pine, Whistle Stop, Wickiup Junction, Terrebonne, Wild Hunt,
Tumalo, Deschutes Junction and Deschutes River Woods. These areas were designated in that
plan as exception areas from Goals 3, Agricultural Lands and 4, Forest Lands. Zoning under the
Comprehensive Plan allowed for a mix of residential and commercial uses to support nearby
residential developments. Until the early I 990s the scope of those uses was never much of an
issue since there was little development pressure.
In 1994 LCDC adopted a new administrative rule, OAR 660-22 to clarify what uses could be
allowed in "unincorporated communities" without violating Statewide Planning Goals I I and 14
relating to public facilities and urbanization. The rule identifies four different kinds of rural
communities as shown below.
• Urban Unincorporated Community (UUC)
• Rural Community
• Resort Community
• Rural Service Center (RSC)
In response, Deschutes County reviewed its RSCs to determine which areas fit those four
classifications. In addition to the original RSCs listed above, additional developments were
identified as communities for review including Black Butte Ranch, Inn of the Seventh
MountainlWidgi Creek and Sunriver.
In reviewing these areas for conformance with OAR 660-22, some did not fit within the
parameters of any of the four unincorporated community definitions and were instead zoned
Rural Commercial or Rural Industrial. These areas are discussed in the Rural Economy section
of this Plan.
Unincorporated Communities
Table 4.3.1 below shows the Deschutes County unincorporated communities as of 20 I O. La
Pine ts-Ret--remains listed because even though on November 7,2006, the residents of the La
Pine Urban Unincorporated Community voted to incorporate. One parcel was not included
and therefore is not within +1;he City of La Pine has adopted a comprehensive plan aAEHs
completing associated zoning and other codes. Policies for each unincorporated community
can be found in the remaining sections of this chapter.
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Table 4.3.1 -Deschutes County Unincorporated Communities 20 I 0
TypeCommunity Approval Date
Urban Unincorr;?orated Communi!;X 1996,2000
Sunriver
La Pine
Urban Unincorporated Community 1997
Terrebonne 1997
Tumalo
Rural Community
Rural Community 1997
Black Butte Ranch Resort Community 2001
Inn of the 7th Mountainl Resort Community 2001Widgi Creek
Alfalfa Rural Service Center 2002
Brothers Rural Service Center 2002
Hampton Rural Service Center 2002
Millican Rural Service Center 2002
Whistlestop Rural Service Center 2002
Wildhunt Rural Service Center 2002 ...Source: Deschutes County Planmng DIVISion
The policies for unincorporated communities are based on extensive, relatively recent pUblic
input and are for the most part still relevant as of 20 I O. Consequently, only minor changes have
been made to those sections of this Plan. The exceptions are the Community Plans for Tumalo
and Terrebonne which are being adopted separately. These have been incorporated into this
plan as Sections 4.5 and 4.6.
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Backlround
On November 7. 2006. residents of the La Pine Urban Unincorporated Community voted to
incorporate. One 2.7 acre parcel was not included within the City of La Pine or its Urban
Growth Boundary and remains within the La Pine Urban Unincorporated Boundary.
Comprehensive Plan Desienations
I, Community Facility Limited District. This plan desi~nation includes a 2.7 acre parcel
described as Part of Lot 6 of the Newberry nei~hborhood subdivision and further identified
on Deschutes County Assessor's Tax Map 22-10 as Tax Lot 116.
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Goals and Policies
No goals have been defined for the La Pine Urban Unincorporated Community.
Policy 4.4.1 Land use regulations shall conform to the requirements of OAR 660 Division 22
or any successor.
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Background
In the fall of 1994 the Oregon Land Conservation and Development Commission adopted a
Oregon Administrative Rule (OAR) 660-22, Unincorporated Communities. The new rule
I required counties to update land use plans and regulations for areas with urban-style
development on rural lands. As part of Periodic Review, the County updated the
Comprehensive Plan and implementing regulations for Sunriver to comply with the rule. i
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Under OAR 660-22, Sunriver meets the definition for both an "Urban Unincorporated
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Community" and a "Resort Community." With the help of a stakeholder advisory committee
comprised of key members of the community who represented a multitude of property owners
and development interests. the decision was made to proceed with the planning process for
I Sunriver as an Urban Unincorporated Community. It was the consensus of the committee that
the provisions allotted for Urban Unincorporated Communities under the rule offered the
greatest practical degree of flexibility for future growth and development in Sunriver.
I Subsection OAR 660.22.0 I 0(8) defines "Urban Unincorporated Community" as
"[a]n unincorporated community that has the following characteristics:
• Includes at least 150 Permanent dwelling units including manufactured homes;
1 • Contains a mixture of land uses, including three or more public, commercial or industrial
1 land uses;1 • Includes areas served by a community sewer system; and,
• Includes areas served by a community water system. 1 Sunriver met the definition because it historically included land developed with a mixture of
residential, commercial and industrial uses. Sunriver utilities operate both a community sewer
and water system which serve the existing development. Sunriver has its own fire and police
departments and also essential services, such as an elementary school. The Comprehensive Plan
designated Sunriver as an Urban Unincorporated Community, enabling it to plan for future
growth and development.
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1 Location and History 1
I Sunriver is located in the central portion of Deschutes County, approximately 15 miles south of
Bend. Sunriver lies in the Upper Deschutes River Basin, with the Deschutes River generally
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forming the western boundary of the community. Sunriver includes approximately 3,745 acres
which are bounded by the Deschutes National Forest on the east, west and north sides. Small
lot residential subdivision development and destination resorts are the predominant land uses1 to the south of the community boundary.
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Development of Sunriver began in 1967 and the first subdivision plat within Sunriver was filed in
1968. Development in Sunriver began during a period of time when the unincorporated areas
of Deschutes County were not zoned. In 1972, when the County first adopted a zoning
ordinance (PL-5) and Comprehensive Plan, the area identified as Sunriver was zoned A-I-T and
designated "planned development" on the Comprehensive Plan map. In 1973, a zone change to
planned development (PD) was applied for and granted. As part of the zone change application,
a "Master Plan" was developed. The Master Plan consisted of a map showing the proposed
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development of Sunriver. The original area of Sunriver encompassed approximately 5,500 acres.
Development occurred in accordance with the PD Zone of PL-5 and the density of
development was determined to be 1.5 units per acre overall.
In 1977 approximately 2,200 acres of property originally contemplated for development as part
of Sunriver were sold to the U.S. Forest Service. Following the sale. a revised Master Plan for
Sunriver Phase II was prepared for its undeveloped portion. In October 1978 the County
approved the revised Sunriver Phase II Master Plan with the same PD Zoning designation. In
1980 after a land use application submitted for development within Sunriver generated
controversy. the viability of the Sunriver Master Plan was called into question. This was
compounded by the fact that PL-15, the County Zoning Ordinance adopted in 1979 to replace
PL-5. did not include any provisions for "planned communities." As a result, the developer of
Sunriver agreed to develop a Planned Community (PC) zoning ordinance text and new Master
Plan for Sunriver subject to County review and approval. In November 1982, the County
amended PL-15 to add a section providing for the Planned Community (PC) Zone, including
seven separate Sunriver district designations. A new Sunriver Master Plan was also approved.
Between 1982 and 1997 the PC Zoning Ordinance Text and Master Plan remained relatively
unchanged and were the guiding documents for the majority of development.
In 1997 the 1982 Master Plan was repealed by Ordinance 97-076 and replaced by
comprehensive plan findings and policies for the Sunriver Urban Unincorporated Community.
The Sunriver Urban Unincorporated Community zoning districts were adopted at this time and
multi-family residential development was allowed in the Commercial District. In 2008
amendments were made to the Sunriver comprehensive plan and zoning text to provide
guidelines for restructuring the core commercial area of Sunriver. This was done through the
creation of a new Town Center District. As of 20 10 the Town Center District had not been
applied to any actual property.
Population and Growth
20 I 0 County GIS data showed Sunriver having 4.138 residential tax lots. Of those lots 3,182
were developed with single-family homes and 774 with condominiums. 182 residential lots were
vacant. While the number of residential lots within the community can be determined with 1 some degree of accuracy. the current and future rate of population growth is difficult to
I estimate due to the large number of vacation and second homes. The Sunriver Owners
Association estimates the number of homes with permanent residents at 475, based on the
number of owners who have the Sunriver Scene delivered to a Sunriver zip code. They further
suppose that approximately 1,500 housing units are short term rentals, which leaves about half
the homes in Sunriver vacant for extended periods of time.
The Deschutes County 2004 Coordinated Population Forecast estimates 1.9
persons/household, a number that was adjusted to account for the number of second homes in
the County. Using the estimate of 475 full-time dwellings, that suggests a permanent population
of around 900 persons. During the peak tourist months of July and August, the majority of
dwellings are occupied with owners and tourists. The Sunriver Owners Association estimates
the peak population at between 8,000 and 12,000. Thus, there is a fluctuating population
comprised of both year-round and part-time residents as well as tourists.
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Community Boundary
20 I 0 County GIS data showed Sunriver had approximately 3,745 acres of land inside the
community boundary. Within this area, there were 4,447 total tax lots, including common
areas. The community boundary is generally formed by the Deschutes River on the west, Spring
River Road/South Century Drive on the south and the Deschutes National Forest on the north
and east.
During the 1997 update, the Sunriver Urban Unincorporated Community boundary was
amended to add 375-acres along the eastern boundary of the Sunriver Urban Unincorporated
Community to be used for sewage effluent storage and disposal.
This area, once part of the Deschutes National Forest, was changed from a comprehensive plan
designation of Forest to a comprehensive plan designation of Urban Unincorporated
Community Forest. It was added per Oregon Department of Environmental Quality
requirements. The effluent and storage capabilities of the existing sewage system were at or
near capacity seasonally at that time. Thus, this expansion of the community boundary was
necessary to provide adequate sewage disposal services to the existing communities being
served at their build-outs.
Existing Land Uses
The predominant land use in Sunriver is reSidential, the majority of which is single-family
residential development. However, since Sunriver was originally developed as a planned
community. a number of other uses exist, making it somewhat self-reliant. Uses which support
the residential components include a commercial core which contains a variety of retail
businesses developed in a pedestrian mall setting, as well as a business park. A large component
of development in Sunriver includes resort related amenities such as golf courses. a lodge,
convention facilities and overnight accommodations. A fire station, police station and public
works facility have also been developed to support these uses.
Land bordering Sunriver on the north, east and west is zoned Forest Use (F-I) and is within the
Deschutes National Forest. The National Forest land remains undeveloped and is primarily
used for recreational purposes such as hiking. hunting. fishing. snowmobiling. etc. The forest
lands and the recreational opportunities that they offer enhance the resort component of
Sunriver. Land to the south of Sunriver includes private property which is zoned Rural
Residential (RR-I 0). The majority of the RR-I 0 properties include small lot (one-half to one
acre parcels) subdivisions which were created prior to any zoning laws. There are two newer
developments to the south. Crosswater and Caldera Springs. Crosswater. a 600-acre pre-Goal
8 Destination Resort was approved in 1990. Caldera Springs. a 390-acre Goal 8 Destination
Resort was approved in 2005.
Comprehensive Plan Designations
The 1997 Deschutes County Comprehensive Plan for the Sunriver Urban Unincorporated
Community created eight comprehensive plan designations. In 2008 a ninth plan designation,
the Town Center District was added to the plan. The comprehensive plan designations for the
Sunriver Urban Unincorporated Community, except for the Town Center District which will
be added at a later date if the County receives an application for such a designation. are shown
on a map on the County website.
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I. Residential District. The Residential District designation on the Comprehensive Plan Map
includes the Single Family Residential and Multiple Family Residential Districts as shown on
the Zoning Map for the Sunriver Urban Unincorporated Community. This plan designation
includes all properties which were previously designated for residential development
under the previous Planned Community designation. No change to residential boundaries
was made in 1997.
2. Commercial District. The majority of the land designated Commercial includes the
commercial core of Sunriver which is commonly referred to as the Sunriver Village Mall.
An additional Commercial District is located at the north end of the community and is
developed with a grocery store and gas station. The Village Mall is developed as an
outdoor pedestrian mall and includes a variety of commercial uses. Many of the existing
commercial uses support the tourist component of the community and residents living
within Sunriver. In 1997, this plan designation included all areas formerly designated for
commercial use. When the Town Center District was added to this Plan in 2008 it was
anticipated that much of the Village Mall area would be re-designated to the new district.
As of 20 I 0, that re-designation has not taken place.
3. Town Center District. The Town Center District was created in an effort to preserve and
enhance the area around the commercial core of Sunriver. The objective for the Town
Center District is to combine a mixture of complementary land uses that may include
retail, offices, commercial services, residential housing and civic uses to create a vital
commercial core that will support the tourist component of the community and residents
living within Sunriver. The Town Center District is designed to strengthen the commercial
core area of Sunriver as the heart of the community, to improve the community's
economic base and enhance the appearance of the area through high-quality design.
4. Resort District. In general, the Resort plan designation includes properties which are
developed with amenities such as the Sunriver lodge and Great Hall, golf courses, the
equestrian and marina facilities and the nature center. These amenities have been
developed to foster the recreation and tourist component of Sunriver. For the most part,
this designation includes the properties which are owned and managed by Sunriver Resort.
5. Business Park District. The Sunriver Business Park lies at the southern end of the
community boundary and is phYSically separated from the remainder of the community by
Spring River Road. This plan designation was originally created to accommodate light
industrial development to support the employment needs of the community and
surrounding area. Since the inception of zoning regulations for this area, development has
been primarily commercial in nature rather than industrial. The zoning ordinance was
modified in 1997 to reflect the existing businesses and the trend for commercial
development while still allowing for industrial uses to develop.
6. Community District. The Community plan designation includes properties which are
primarily developed with public service uses which support all facets of the community.
Development includes the fire station, elementary school, community center and
corporation/public works facilities. Properties with this deSignation are primarily owned
and administered by the Sunriver Owners Association.
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7. Airport District. The Airport plan designation includes areas which in 1997 were
developed with airport related amenities, such as runways, hangars, fueling stations and
maintenance facilities. This district also includes areas surrounding the actual airport
development which are considered to be in the sphere of influence of the airport and in
which airport-related impacts and risks are associated. Development in the airport district
shall be limited with respect to heights of structures, public gathering places and other
potential risks to persons or property related to those uses.
8. Utility District. This plan designation includes properties which in 1997 were developed
with amenities such as sewage pump stations, water treatment facilities, water distribution
facilities and associated utility improvements. The utility plan designation is intended to
provide for the development and expansion of necessary utility facilities on properties
which are already devoted to such uses.
9. Forest District. The previous boundary for Sunriver was expanded in 1997 by
approximately 366-acres to include land along the eastern boundary that has historically
been zoned for forest uses and within the Deschutes National Forest. A recent decision
by the U.S. Forest Service to permit an effluent storage pond and effluent irrigation site on
approximately 50 acres and a potential land transfer to the Sunriver Utilities Company
(now Sunriver Water LLC/Environmental LLC) prompted inclusion of this area within the
community boundary. By including this area, future expansion of the sewage disposal
system would permit the application of biosolids with the effluent irrigation site and
storage pond. This will enable Sunriver to meet Oregon Department of Environmental
Quality regulations for treated wastewater storage and disposal stemming from build-out
within the community. An exception to Goal 4 was not taken because the only uses
allowed in the expansion area are permitted in the Forest zone.
Public Facility Planning
Water and Sewer
The Sunriver Utilities Company was established as a private water and wastewater company
and has provided water and sewer services within the community boundary since 1969. It is the
largest private water/wastewater company in the State of Oregon. In June of 1998 Sunriver
Utilities Company split into two separate LLC's. Sunriver Water LLC (SRWLLC) which is under
the jurisdiction of the Oregon Public Utility Commission (PUC) for rate structure and the
Oregon Department of Human Services for water quality and Sunriver Environmental LLC
(SRELLC) which is under the jurisdiction of the Oregon Department of Environmental Quality
(DEQ). Sunriver Water and Environmental serve not just Sunriver, but also Crosswater,
Caldera Springs and seven lots in Vandevert Ranch, with a build-out of 5.400 equivalent dwelling
units.
Water: SWLLC in 20 I 0 operates three main wells which are capable of pumping over 7.8
million gallons of water each day. In addition, reservoir capacity for water storage is 2 million
gallons. This volume of water production and storage exceeds the needs of the community
within the boundaries of Sunriver. As of 20 I 0, SRWLLC serves a total 4,307 water customers.
This total includes the following types of service connections: 4,034 residential and
condominium units; 147 commercial; 126 for irrigation purposes and 485 fire hydrants. All
service connections are metered to measure the amount of water that is being used. The meter
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service sizes range from typical 3/4" residential lines to 6" lines for irrigation, commercial and
industrial uses.
Sewer: SRELLC's wastewater treatment facilities are capable of handling/treating an average of
1.5 million gallons of wastewater per day. This includes the 1997 expansion of effluent storage
ponds on a parcel along the eastern boundary of Sunriver that is now owned by Sunriver
Environmental LLC. The design and flow accommodations will facilitate build out of all 5,400
lots within the communities served.
Effluent from the wastewater treatment facility is used to irrigate the golf course and hay fields.
Biosolids from the wastewater facility are used with recycled yard debris and wood chips from
forest thinning to make agricultural compost.
In 2009 Deschutes County and the Oregon Department of Environmental Quality
commissioned a study by SRELLC to examine the feasibility of constructing a new treatment
plant east of Sunriver to serve their current customers as well as approximately 4,000 potential
new customers south of Sunriver, where there are concerns regarding nitrate contamination of
groundwater from septic systems. The study concluded that such an expansion was physically
and financially feasible. As of 20 lOa decision regarding expansion of the Sunriver sewer system
is being evaluated by the Oregon Department of Environmental Quality.
Public Services
Police and Fire: In 2002 the Sunriver Service District was established to oversee the police and
fire departments. A five-member board appointed by the Board of County Commissioners
works with the Police and Fire chiefs to provide service to Sunriver.
Sunriver's police department is responsible for law enforcement within the boundary of the
Sunriver Urban Unincorporated Community.
Sunriver's fire department serves all areas within the boundary of the Sunriver Urban
Unincorporated Community, except for the Business Park. The Business Park is provided with
fire protection by the La Pine Rural Fire Protection District. Through a mutual aid agreement
with the Forest Service, Sunriver's fire department also responds to wildland fires within five
miles of Sunriver. Ambulance services are provided to a 360-mile area centered on Sunriver.
The department has a mutual aid agreement with the La Pine Rural Fire Protection District to
provide secondary services within each other's service boundaries on an as needed basis. The
La Pine Rural Fire Protection District has a fire station located along South Century Drive
approximately I Y2 miles south of the community boundary.
Schools
Three Rivers Elementary School, which is under the direction of the Bend-La Pine School
District, is currently the only school within the boundary of the Sunriver Urban
Unincorporated Community. Three Rivers Elementary offers schooling from kindergarten
through 8th grade and as of 20 I 0 had an enrollment of 396 students. The school accepts pupils
from both inside and outside the boundary of the Sunriver Unincorporated Community.
Sunriver Owners Association (SROA)
The Sunriver Owners Association has the day-to-day responsibility of overseeing the majority
of the community operations. The association is governed by a Board of Directors and a
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General Manager. The services and departments operated by the Sunriver Owners Association,
as well as the primary function of each, include:
I. Accounting Department -This department is responsible for SROA's financial
transactions including owner maintenance fees and accounts payable and receivable. It also
maintains the property owners database and works with the Finance Committee on
budgets and reserves.
2. Administration -The administrative offices oversee the day-to-day functions of each
component of the association.
3. Communication Department - This department publishes a monthly newspaper (Sunriver
Scene) that is distributed to members of the association and the pUblic. Other duties
include programming community access TV channel 4 and publishing a resident directory
and map.
4. Community Development - This department works with the Design Committee to
review new structures to ensure compliance with design and development standards.
5. Environmental Services -This department administers fire and fuels regulations as well as
other environmental issues of the community.
6. Public Works Department -This department is responsible for maintenance of roads,
recreational paths and amenities as well as fleet maintenance.
7. Recreation Department-This department offers a variety of recreational activities and
programs for property owners and visitors and manages pools and tennis courts.
Transportation Planning
Background/Existing Transportation Facilities in Sunriver
The Sunriver Urban Unincorporated Community is accessed via public roadways. These include
South Century Drive and Cottonwood Road. Both of these roadways lie within public rights-of
way and are maintained by Deschutes County. South Century Drive and Cottonwood Road
connect to Highway 97, which is the primary corridor for vehicular travel throughout Central
Oregon. South Century Drive enters Sunriver near the southern community boundary and
extends to the residentially developed areas to the south and west. Cottonwood Road enters
Sunriver near the northern Sunriver boundary and ends within the community.
Internal roads within Sunriver, except for Venture Lane within the Business Park, are private.
open to the public. and maintained by the Sunriver Owners Association. These roads are paved
and are generally 20 feet in width. Venture Lane is a public road maintained by the County. The
internal roadway network was developed as part of the original design and master plan for
Sunriver. The network consists of a series of internal traffic circles or roundabouts. from which
spur roads lead to various areas within the community.
A bicycle/pedestrian path system has been developed and integrated throughout the
community. Aside from the recreational opportunities provided by the path system, the paths
serve as an alternative to vehicular travel as they connect the residential. commercial, school
and recreation areas of the community. The paths are paved, maintained in good condition by
the Sunriver Owners Association and are used extenSively.
Recent Improvements
Road widening improvements were completed in 1996 by the County for the segment of South
Century Drive between Highway 97 and the entrance to the Sunriver Business Park.
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Improvements to the entrance of the Business Park itself were also completed. The County's
first roundabout was constructed at the intersection of South Century/Abbot Drive in 2007.
The improvements were done to improve the safety and longevity of the roadway. Other
improvements to County roads outside of Sunriver. included paving and upgrading the old
Forest Service 40145 Road, now called River Summit Drive in 2006-2007 and a grade-separated
interchange at South Century Drive and Highway 97 in 2008.
Future Transportation Needs
The existing privately maintained roads and bicycle/pedestrian paths adequately serve the travel
needs of the residents and visitors of Sunriver. The existing roads and pathways provide access
to all platted and developed areas within the community. There is no projected need for future
roads to serve the anticipated development, except possibly within the Sunriver Business Park.
Currently there is only one ingress/egress point from South Century Drive to the Business
Park. Future development within the Business Park may warrant an additional entrance or
improvements to the existing entrance.
South Century Drive and Cottonwood Road are both operating at levels within their vehicular
capacity. In the area between the entrance to the Sunriver Village Mall and the Business Park,
the 2009 average daily traffic figures for South Century Drive were approximately 6,748 trips
per day. This figure is below the general capacity of 9,600 trips per day. Many of the vehicles
traveling this roadway are passing through the community, not necessarily to Sunriver, as this
road provides a direct link from Highway 97 to the surrounding rural subdivisions. Cottonwood
Road, which only extends between Highway 97 and the community boundary, is not subject to
the same volume of pass through traffic that occurs on South Century Drive. Thus, the traffic
figures for this roadway are much lower at approximately 3,298 trips per day in 2009.
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Goals and Policies
No goals have been defined for the Sunriver Urban Unincorporated Community.
Policy 4.45..1 Land use regulations shall conform to the requirements of OAR 660 Division 22
or any successor.
Policy 4.45..2 County comprehensive plan policies and land use regulations shall ensure that
new uses authorized within the Sunriver Urban Unincorporated Community do
not adversely affect forest uses in the surrounding Forest Use Zones.
Policy 4.45..3 To protect scenic views and riparian habitat within the community, appropriate
setbacks shall be required for all structures built on properties with frontage
along the Deschutes River.
Policy 4.45..4 Open space and common area, unless otherwise zoned for development, shall
remain undeveloped except for community amenities such as bike and
pedestrian paths, and parks and picnic areas.
Policy 4.45..5 Public access to the Deschutes River shall be preserved.
Policy 4.45..6 The County supports the design review standards administered by the Sunriver
Owners Association.
Residential District Policies
Policy 4.45..7 Areas designated residential on the comprehensive plan map shall be developed
with single family or multiple family residential housing.
Commercial District Policies
Policy 4.45..8 Small-scale, low-impact commercial uses shall be developed in conformance with
the requirements of OAR Chapter 660, Division 22. Larger, more intense
commercial uses shall be permitted if they are intended to serve the community,
the surrounding rural area and the travel needs of people passing through the
area.
Policy 4.45..9 No additional land shall be designated Commercial until the next periodic
review.
Policy 4.45..10 Multiple-family residences and residential units in commercial buildings shall be
permitted in the commercial area for the purpose of providing housing which is
adjacent to places of employment. Single-family residences shall not be permitted
in commercial areas.
Policy 4.45..11 Approval standards for conditional uses in the commercial district shall take into
consideration the impact of the proposed use on the nearby residential and
commercial uses and the capacity of the transportation system and public
facilities and services to serve the proposed use.
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Town Center District Policies
Policy 4.4.5..12 Small-scale, low-impact commercial uses shall be developed in conformance with
the requirements of OAR Chapter 660, Division 22. Larger, more intense
commercial uses shall be permitted if they are intended to serve the community,
the surrounding rural area or the travel needs of people passing through the
area.
Policy 4.4.5..13 Development standards in the town center district should encourage new
development that is compatible with a town center style of development that
serves as the commercial core of the Sunriver Urban Unincorporated
Community. The following policies should guide development in the Town
Center District in Sunriver:
a. Combine a mixture of land uses that may include retail, offices, commercial
services, residential housing and civic uses to create economic and social
vitality and encourage pedestrian use through mixed use and stand alone
residential buildings.
b. Develop a commercial mixed-use area that is safe, comfortable and attractive
to pedestrians.
c. Encourage efficient land use by facilitating compact, high-density development
that minimizes the amount of land that is needed for development.
d. Provide both formal and informal community gathering places.
e. Provide visitor accommodations and tourism amenities appropriate to
Sunriver.
f. Provide design flexibility to anticipate changes in the marketplace.
g. Provide access and public places that encourage pedestrian and bicycle travel.
h. Provide road and pedestrian connections to residential areas.
i. Facilitate development (land use mix, density and design) that supports public
transit where applicable.
j. Develop a distinct character and quality design appropriate to Sunriver that
will identify the Town Center as the centerpiece/focal point of the
community.
Policy 4.4.5..14 Development within the Town Center (TC) District will be substantially more
dense than development elsewhere in Sunriver. This increased density will
require changes to existing topography and vegetation in the TC District to
allow for screened, underground parking. The requirements of the County's site
plan ordinance shall be interpreted to reflect this fact.
Resort District Policies
Policy 4.4.5..15 Areas designated resort on the comprehensive plan map shall be designated
resort, resort marina, resort golf course, resort equestrian or resort nature
center district on the zoning map to reflect a development pattern which is
consistent with resort uses and activities.
Page 26 of 42-EXHIBIT C TO ORDINANCE NO. 2014-012
Business Park District. Policies
Policy 4.42..16 A variety of commercial uses which support the needs of the community and
surrounding rural area, and not uses solely intended to attract resort visitors,
should be encouraged.
Policy 4.42..17 Allow small-scale, low-impact commercial uses in conformance with the
requirements of OAR Chapter 660, Division 22. Larger more intense
commercial uses shall be permitted if they are intended to serve the community,
the surrounding rural area and the travel needs of people passing through the
area.
Policy 4.42..18 Small-scale, low-impact industrial uses should be allowed in conformance with
the requirements of OAR Chapter 660, Division 22.
Community District. Policies
Policy 4.42..19 Areas designated community on the comprehensive plan map shall be designated
community general. community recreation, community limited or community
neighborhood district on the zoning map to reflect a development pattern which
is consistent community uses and activities.
Policy 4.42..20 Lands designated community shall be developed with uses which support all
facets of community needs, be they those of year-round residents or part-time
residents and tourists.
Policy 4.42..21 Development shall take into consideration the unique physical features of the
community and be sensitive to the residential development within which the
community areas are interspersed.
Airport District. Policies
Policy 4.42..22 Future development shall not result in structures or uses which. due to extreme
height or attraction of birds, would pose a hazard to the operation of aircraft.
Policy 4.42..23 Future development should not allow uses which would result in large
concentrations or gatherings of people in a single location.
Utility District. Policies
Policy 4.42..24 Lands designated utility shall allow for development of administrative offices,
substations. storage/repair yards, distribution lines and similar amenities for
services such as water, sewer. telephone, cable television and wireless
telecommunications.
Forest District. Policies
Policy 4.42..25 Uses and development on property designated forest that are within the
Sunriver Urban Unincorporated Community boundary shall be consistent with
uses and development of other lands outside of the community boundary which
are also designated forest on the Deschutes County comprehensive plan map.
Policy 4.42..26 Forest district property shall be used primarily for effluent storage ponds, spray
irrigation of effluent, biosolids application and ancillary facilities necessary to
meet Oregon Department of Environmental Quality sewage disposal regulations.
Page 27 of 42-EXHIBIT C TO ORDINANCE NO. 2014-012
Policy 4.4.5..27 The development of resort, residential or non-forest commercial activities on
Forest district lands shall be prohibited unless an exception to Goal 14 is taken.
General Public Facility Policies
Policy 4.4.5..28 Residential minimum lot sizes and densities shall be determined by the capacity
of the water and sewer facilities to accommodate existing and future
development and growth.
Policy 4.4.5..29 New uses or expansion of existing uses within the Sunriver Urban
Unincorporated Community which require land use approval shall be approved
only upon confirmation from the Sunriver Utility Company that water and sewer
service for such uses can be provided.
Policy 4.4.5..30 Expansion of the Sunriver Water LLC/Environmental/LLC Water and Sewer
District outside of the historic Sunriver boundaries shall adequately address the
impacts to services provided to existing property owners.
Water Facility Policies
Policy 4.4.5..3 1 Water service shall continue to be provided by the Sunriver Utilities Company.
Sewer Facility Policies
Policy 4.4.5..32 Sewer service shall continue to be provided by the Sunriver Utilities Company.
Transportation System Maintenance Policies
Policy 4.4.5..33 Privately-maintained roads within the Sunriver Urban Unincorporated
Community boundary shall continue to be maintained by the Sunriver Owners
Association.
Policy 4.4.5..34 The bicycle/pedestrian path system in Sunriver shall continue to be maintained
by the Sunriver Owners Association or as otherwise provided by a maintenance
agreement.
Policy 4.4.5..35 The County will encourage the future expansion of bicycle/pedestrian paths
within the Sunriver Urban Unincorporated Community boundary in an effort to
provide an alternative to vehicular travel.
Policy 4.4.5..36 All public roads maintained by the County shall continue to be maintained by the
County. Improvements to County maintained public roads shall occur as
described the County Transportation System Plan.
Page 28 of 42-EXHIBIT C TO ORDINANCE NO. 2014-012
Background
The Terrebonne Community Plan was adopted in Ordinance 20 I 0-0 12 is hereby incorporated
into this Plan as Appendix A.
Page 29 of 42-EXHIBIT C TO ORDINANCE NO. 2014-012
Background
The Tumalo Community Plan was adopted in Ordinance 2010-027 and is hereby incorporated
into this Plan as Appendix B.
Page 30 of 42-EXHIBIT C TO ORDINANCE NO. 2014-012
Background
A Resort Community is characterized as an unincorporated community that is established
primarily for, and continues to be used primarily for, recreation and resort purposes. It includes
residential and commercial uses and provides for both temporary and permanent residential
occupancy, including overnight lodging and accommodations.
In the fall of 1994 the Oregon Land Conservation and Development Commission adopted a
new administrative rule, OAR 660, Division 22, entitled Unincorporated Communities. This
Rule provided guidelines for defining and regulating areas with urban style growth outside of
urban growth boundaries. As part of periodic review Deschutes County updated the
Comprehensive Plan and implementing zoning regulations for Black Butte Ranch and the
InnlWidgi Creek to comply with the rule.
Black Butte Ranch and Inn of the 7th MountainlWidgi Creek met the definition of "resort
community" because they have historically developed with a mixture of residential and
recreation or resort amenities. Commercial-type uses also exist, such as the restaurant and
stables. Other retail operations, such as the golf pro shops and retail sales at the tennis shop
are associated with specific recreation activities and are not designed as stand alone retail
operations intended by themselves to attract the traveling public to Black Butte Ranch or Inn of
the r h MountainlWidgi Creek.
Black Butte Ranch
Background
Black Butte Ranch is located in the northwestern portion of Deschutes County, eight miles
west of the city limits of Sisters. Black Butte Ranch is in the Indian Ford Creek watershed, a
tributary to Whychus Creek, itself a tributary to the Deschutes River, and is surrounded by
lands within Deschutes National Forest. Since the late 1800s Black Butte Ranch has been a
cattle ranch. Cattle operations continue today.
Black Butte Ranch includes 1,830 acres developed in the early I 970s as a planned residential
development with both permanent and vacation homes on 1,253 lots and three separate
condominium areas. Recreation amenities include two 18-hole golf courses, four swimming
pools, 23 tennis courts, horse stables. a sports field. basketball courts and trails for bicycling,
jogging and cross country skiing. Conference rooms, a restaurant, lounge and property sales in
the Main Lodge. a general store and pro shops at both golf courses provide additional amenities
for residents, guests and visitors.
Black Butte Ranch allows public access to its restaurant. golf courses and horse stables, but is
primarily oriented to its year-round residents and seasonal guests. Black Butte Ranch is
considered by many people to be a "destination resort", however development at Black Butte
Ranch preceded the adoption of Statewide Goal 8 and the County's mapping of lands for the
siting of destination resorts. Approximately 96 percent of the area within Black Butte Ranch
community boundary is developed.
Page 31 of 42-EXHIBIT C TO ORDINANCE NO. 2014-012
Development of Black Butte Ranch began in 1970 and the first subdivision plat within Black
Butte Ranch was filed in 1970. In 1972, when the County first adopted a zoning ordinance (PL
5) and comprehensive plan, the area identified as Black Butte Ranch, although smaller than
today, was zoned "Planned Development" and designated as a "Destination Resort" on the
comprehensive plan map. In 1979 the County adopted revised zoning and comprehensive plan
maps. In 1992 Black Butte Ranch was designated as a rural residential exception area on the
comprehensive plan map. Black Butte Ranch was zoned Rural Residential (RR-I 0), and was
designated "Destination Resort" on the comprehensive plan map.
The population of Black Butte Ranch is difficult to ascertain due to the large number of vacation
and second homes within the community that are occupied for only part of the year. In 200 I, the
Black Butte Ranch Association estimated the number of full-time, year-round residents at 337
persons. During the peak tourist season, the population, including guests who do not own
property but are renting residences within the community, is estimated to rise to 5,000 persons.
Black Butte Ranch operates both a community sewer and water system that are in place and
serve the existing development. Black Butte Ranch also has its own fire and police departments.
Land Use
The Black Butte Ranch community boundary includes a total of 1,912 acres consisting of: I)
1,830 acres including the main resort development, the resort's recreational amenities, and the
residential areas, and 2) 82 acres located contiguous to the northwest corner used for
industrial uses in support of Ranch operations. The community boundary abuts Highway 20 on
the northeast. National Forest Service lands and private landholders bound it on the south and
west.
The predominant land use in Black Butte Ranch is residential, the majority of which is single
family residential development. However, since Black Butte Ranch was originally developed as a
planned community. a number of other uses exist which make Black Butte Ranch a community
that is somewhat self-reliant. Uses that support the residential components include a
commercial core, which contains a variety of retail businesses developed in a pedestrian mall
setting. as well as a business park. A significant component of development in Black Butte Ranch
includes recreation amenities such as golf courses, and resort facilities, including a lodge,
meeting facilities and a restaurant. A fire station and public works facilities for sewage treatment
and water delivery have also been developed. The Black Butte Fire Department serves all areas
within the boundary. Utility services will continue to be provided in the current manner.
Inn of the 7th MountainlWidgi Creek
Background
The Inn of the Seventh Mountain and Widgi Creek Golf community are located approximately
five miles southwest of the Bend Urban Growth Boundary on Century Drive. They are both
bounded by the Deschutes River to the south.
The Inn of the Seventh Mountain (Inn) has been developed since the late I 960s and has
historically been considered to be a stand-alone resort community with overnight lodging and
recreation facilities for tourists. It has 230 condominium units, spread among 22 buildings. The
initial boundary was established in 1972 and encompasses 22.65 acres. The Inn includes horse
stables, tennis courts, golf course, skating rink, swimming pools and other recreation amenities,
Page 32 of42-EXHIBIT C TO ORDINANCE NO. 2014-012
and a restaurant, meeting rooms and multi-story lodging units for resort guests. Many of the
dwelling units at the Inn are occupied seasonally but some residences are year round.
Commercial uses open to overnight guests and the public include the restaurant, skating rink
and golf course, guided raft trips on the Deschutes River and a retaillrental sport shop.
Widgi Creek was approved in 1983 as a 237-acre expansion to the Inn and includes a golf
course with surrounding residential lots consisting of 107 for single-family dwellings and 103 for
condominium units.
The use of the site as a destination resort was initiated previous to implementation of the
statewide planning goals in Deschutes County. Upon implementation of the statewide planning
goals, the property was designated as "forest" in compliance with Goal 4, and the use continued to
be permitted as a destination resort. However, in 1993 HB 3661 prohibited destination resorts as
a use in the forest zone except as allowed under Goal 8. This property was not approved as a
Resort Community until the year 200 I. At that time a "built and committed" exception based on
Statewide Planning Goal 2 was taken for the entire InnIWidgi community.
Almost all of the residential uses at the Inn of the Seventh Mountain cater to tourist
accommodations. During the peak tourist season, the population, including guests who do not
own property but are renting residences within the community, is estimated to be
approximately 500 people. In 200 I, the number of full-time and part-time residents at Widgi
Creek was approximately 120, consisting of 80 single-family residents and 39 condo residents.
Since there are only four condo units available for rental, there is no significant increase in the
population during the peak tourist season. As currently planned, when the development is fully
built out, the population will increase to a total of 200 full-time and part-time residents
distributed in 107 single-family homes and 46 condominium units.
The InnlWidgi sewer service (except approved on-site septic systems) and fire protection are
provided by the City of Bend, water by on-site wells, security service by the InnIWidgi Resort
Community and police services by Deschutes County Sheriff.
Land Use
The Inn of the Seventh MountainlWidgi Creek community boundary includes 260 acres (23 for
the Inn and 237 for Widgi Creek). The property is used for recreational amenities, rental and
residential units. The western boundary is Century Drive. The southern boundary is generally
the Deschutes River canyon. The entire resort community is bordered by the Deschutes
National Forest.
The predominant land use at the Inn is resort use with overnight lodging and recreational
facilities for tourists, in addition to a restaurant, meeting rooms and a retaillrental sport shop.
The predominant land use is residential, with Single-family residential development and
condominium units, in addition to a golf course.
Page 33 of 42-EXHIBIT C TO ORDINANCE NO. 2014-012
Goals and Policies
No goals have been defined for Black Butte Ranch or Inn of 7th Mountain I Widgi
Creek Resort Communities
General Resort Community Policies
Policy 4.+a.1 Land use regulations shall conform to the requirements of OAR 660 Division 22
or any successor.
Policy 4.+a.2 Designated open space and common area, unless otherwise zoned for
development, shall remain undeveloped except for community amenities such as
bike and pedestrian paths, park and picnic areas. Areas developed as golf courses
shall remain available for that purpose or for open space/recreation uses.
Policy 4.7a.3 The provisions of the Landscape Management Overlay Zone shall apply in Resort
Communities where the zone exists along Century Drive, Highway 26 and the
Deschutes River.
Policy 4.+aA Residential minimum lot sizes and densities shall be determined by the capacity
of the water and sewer facilities to accommodate existing and future
development and growth.
Policy 4.7~.5 The resort facility and resort recreation uses permitted in the zoning for Black
Butte Ranch and the Inn of the Seventh MountainlWidgi Creek shall serve the
resort community.
Black Butte Ranch General Policies
Policy 4.7a.6 County comprehensive plan policies and land use regulations shall ensure that
new uses authorized within the Black Butte Ranch Resort Community do not
adversely affect forest uses in the surrounding Forest Use Zones.
Policy 4.7~.7 The County supports the design review standards administered by the
Architectural Review Committee.
Policy 4.+a.B Residential, resort and utility uses shall continue to be developed in accordance
with the Master Design for Black Butte Ranch and the respective Section
Declarations.
Policy 4.7a.9 Industrial activities, including surface mining, shall only occur in the area zoned
Black Butte Ranch Surface Mining, Limited Use Combining District (Black Butte
Ranch SM/LU) located in the northwest corner of Black Butte Ranch.
Policy 4.7a.1 0 Employee housing shall be located in the area zoned Black Butte Ranch
Utility/Limited Use Combining District (Black Butte Ranch-U/LU).
Policy 4.+a.11 Any amendment to the allowable use(s) in either the Resort Community District
or the Limited Use Combining District shall require an exception in accordance
with applicable statewide planning goal(s), OAR 660-04-0 IB/022 and DCC
lB. I 12 or any successor.
Page 34 of 42-EXHIBIT C TO ORDINANCE NO. 2014-012
Policy 4.~.12 The westerly 38-acres zoned Black Butte Ranch Surface Mining, Limited Use
Combining District (Black Butte Ranch SM/LU) shall be used for the mining and
storage of aggregate resources. Uses that do not prevent the future mining of
these resources, such as disposal of reclaimed effluent and woody debris disposal
from thinning and other forest practices may be allowed concurrently. Other
resort maintenance, operational and utility uses, such as a solid waste transfer
station, maintenance facility or equipment storage may be allowed only after
mining and reclamation have occurred.
Policy 4.~.13 The 18.5 acres zoned Black Butte Ranch-Utility/Limited Use Combining District
(Black Butte Ranch-U/LU) may be used for the disposal of reclaimed sludge.
Policy 4.~.14 The area west of McCallister Road and east of the area zoned Black Butte Ranch
may be used for large equipment storage, general storage, maintenance uses, RV
storage, telephone communications, administration offices, housekeeping
facilities and employee housing.
Policy 4.~.1 5 Employee housing shall be set back at least 250 feet from the eastern boundary
of the area zoned Black Butte Ranch Surface Mining, Limited Use Combining
District (Black Butte Ranch SM/LU).
Policy 4.1~.16 Surface mining within the Black Butte Ranch community boundary shall adhere
to the following GoalS ESEE "Program to Meet Goal" requirements:
a. Only the western most 38 acres of the site shall continue to be mined.
b. Setbacks shall be required for potential conflicting residential and other
development. A minimum SO-foot setback shall be maintained from the
perimeter of tax lot 202 for all surface mining activity.
c. Noise impact shall be mitigated by buffering and screening.
d. Hours of operation shall be limited to between 7:00 a.m. and 6:00 p.m.
weekdays. No operations shall be allowed on weekends and holidays.
e. Processing shall be limited to 45 days in anyone year, to be negotiated with
Deschutes County in the site plan process in consultation with the Oregon
Department of Fish and Wildlife (ODFW).
f. The conditions set forth in the August 10, 1989, letter of ODFW shall be
adhered to.
g. Extraction at the site shall be limited to five acres at a time with on-going
incremental reclamation (subject to DOGAMI review and approval).
h. Mining operations, siting of equipment, and trucking of product shall be
conducted in such a manner that applicable DEQ standards are met and
minimizes noise and dust.
i. DOGAMI requirements for a permit once mining affects more than five acres
outside the 8.6-acre exemption area shall be met.
j. A conditional use permit shall be obtained from Deschutes County, under the
provisions of section 18.128.280. Surface mining of resources exclusively for
on-site personal, farm or forest use or maintenance of irrigation canals,
before mining activity affects more than five acres outside the 8.6-acre
exempt area.
Page 35 of 42-EXHIBIT C TO ORDINANCE NO. 2014-012
Black Butte Ranch Public Facility Policies
Policy 4.7~.17 Police protection services shall be provided by the Black Butte Ranch Police
Services District.
Policy 4.7~.IB The Black Butte Ranch Water Distribution Company and the Black Butte Ranch
Corporation shall confirm the water and sewer service, respectively, can be
provided for new uses or expansion of existing uses that require land use
approval.
Policy 4.~.19 The Black Butte Ranch Water Distribution Company shall provide water service
for the Black Butte Ranch Resort Community.
Policy 4.7~.20 The Black Butte Ranch Corporation shall provide sewer service for Black Butte
Ranch.
Policy 4.7~.21 The Black Butte Ranch Fire Protection District shall provide fire protection
services for Black Butte Ranch.
Policy 4.~.22 The roads and the bicycle/pedestrian path system within the Black Butte Ranch
Resort Community boundary shall be maintained by the Black Butte Ranch
Owners Association.
Inn of the 7th Mountain Widgi Creek General Policies
Policy 4.~.23 Any amendment to the allowable uses in either the Resort Community District
or the Widgi Creek Residential District shall require an exception in accordance
with applicable statewide planning goal(s), OAR 660-04-0 IB/022 or any
successor, and DCC lB. I 12 or any successor
Policy 4.7~.24 The County shall encourage and support land exchanges efforts by and between
private property owners, public agencies and public trusts for the purpose of
fostering public access to and protection of natural resources, such as rivers,
streams, caves, areas/features of historical importance and other natural
features.
Inn of the r" Mountain/Widgi Creek Public Facility Policies
Policy 4.~.25 Police protection services shall be provided under contract with the Deschutes
County Sheriff.
Policy 4.7~.26 Water service shall be supplied by on-site wells for the InnIWidgi Resort
Community.
Policy 4.7~.27 New uses or expansion of existing uses that require land use approval shall be
approved only upon confirmation from the City of Bend that sewer service can
be provided.
Policy 4.7~.2B Fire protection services for the Inn/Widgi shall be provided through a contract
with the City of Bend until such time as InnIWidgi develops another plan to
provide adequate fire protection.
Policy 4.7~.29 The Resort Community, not Deschutes County, shall maintain roads in the
community.
Page 36 of 42-EXHIBIT C TO ORDINANCE NO. 2014-012
Policy 4.7~.30 The bicycle/pedestrian path system shall be maintained by the InnlWidgi Owners
Association.
Policy 4.~.3 I Emergency access between Widgi Creek and the Inn of the Seventh Mountain
shall be provided in accordance with the approved development plan for the
Elkai Woods town homes. The respective resort property owners shall maintain
emergency access between the Inn and Widgi Creek.
Page 37 of 42-EXIllBIT C TO ORDINANCE NO. 2014-012
sectLOI/t. 4.~Rural seYVLce cel/t.ters
Background
A Rural Service Center is characterized as an unincorporated community consisting primarily of
commercial or industrial uses providing goods and services to the surrounding rural area or
persons traveling through the area, but which also includes some permanent residential dwellings.
In order to comply with OAR 660-022, Deschutes County updated the Comprehensive Plan
and implementing zoning regulations in 2002 for the communities of Alfalfa, Brothers, Hampton,
Millican, Whistlestop and Wildhunt. The Comprehensive Plan and zoning map boundaries for all
of the Rural Service Centers were amended to comply with the requirements of the
administrative rule and to reconcile historic mapping inconsistencies between the plan
designation and zoning and inconsistencies between community boundaries and historic
development patterns.
The predominant land uses in the areas surrounding the Alfalfa, Brothers, Hampton and Millican
Rural Service Centers are farming and ranching. The predominant land uses in the areas
surrounding Whistlestop and Wildhunt are forest, ranching and rural residential. The
unincorporated rural service centers serve the needs of the surrounding areas as well as the
needs of the traveling public. Three of the communities are located on Highway 20 east of
Bend; t-'lillican is 26 miles, Brothers 42 miles and Hampton 64 miles. Alfalfa is located
approximately I I miles east of Bend on Willard Road. Whistlestop is located approximately 30
miles southwest of Bend on Burgess Road. Wildhunt is located approximately 26 miles south of
Bend at the junction of Highway 97 and Highway 31.
The communities of Alfalfa, Brothers and Hampton have approved public water systems that
serve the school and combination store/cafe/post office in Brothers and the stores in Alfalfa and
Hampton. The Central Oregon Irrigation District provides water for agricultural uses
surrounding Alfalfa. Large ranches and BLM land surround Millican, Brothers and Hampton.
Most of the land is used for dry land grazing. Well water provides irrigation for land adjacent to
Hampton. Millican, Brothers and Hampton are surrounded by land that is designated as
antelope habitat. The area surrounding these communities is sparsely populated. Each
community has a few residences within its boundary.
Community Boundaries
The Alfalfa Rural Service Center boundary includes 21.83 acres, with Willard Road as the
predominant northern boundary and the remainder surrounded by agricultural lands zoned
Exclusive Farm Use (EFU).
The Brothers Rural Service Center boundary includes 48.95 acres. Highway 20 bisects the
community from east to west, while Camp Creek Road enters from the north and connects
with the highway. The entire community is surrounded by agricultural land zoned EFU.
The Hampton Rural Service Center boundary includes 35.37 acres. Highway 20 forms the
southern boundary with the remainder surrounded by agricultural lands zoned EFU.
The Millican Rural Service Center boundary includes 29.55 acres. Highway 20 forms the northern
boundary with the remainder surrounded by agricultural lands zoned EFU.
Page 38 of 42-EXHIBIT C TO ORDINANCE NO. 2014-012
The Whistlestop Rural Service Center boundary includes 7.93 acres. Burgess Road runs
east/west and dissects the community from north to south with forest and rural residential uses
to the north and east.
The Wildhunt Rural Service Center boundary includes I 1.29 acres. Highway 97 forms the
western boundary. Highway 3 I forms the southern boundary. with forest and rural residential
uses to the north and east.
Land Use Planning
The existing land uses in the eastern Rural Service Centers of Alfalfa, Brothers, Hampton and
Millican are commercial and residential, surrounded by agriculture. In addition to a few
residences each of the communities includes commercial development. Alfalfa has a store/gas
station and a churchlcommunity hall. Brothers includes a school. a combination
market/cafldpost office/gas station, a state highway maintenance field office, and a highway rest
area. Hampton has a cafe and recreational vehicle park. Millican has a market/gas station.
The existing land uses in the rural Service Centers of Whistlestop and Wildhunt are
commercial and residential, surrounded by forest.
Page 39 of 42-EXHIBIT C TO ORDINANCE NO. 2014-012
seetLoVv 4.~~ RlA.yaL seYV'Lee ceVvtey PoLLeLes
Goals and Policies
No goals have been defined for the Rural Service Centers.
Policy 4.82.1 Land use regulations shall conform to the requirements of OAR 660, Division 22
or any successor.
Policy 4.82.2 Rural Service Center zoning shall be applied to Alfalfa and Brothers and shall
consist of three districts: Commercial/Mixed Use; Residential; and Open Space.
Policy 4.82.3 Rural Service Center zoning shall be applied to Hampton, Whistlestop and
Wildhunt and shall consist of a single Commercial/Mixed Use District.
Policy 4.82.4 The area in the Brothers Rural Service Center Boundary that is north of
Highway 20 and east of Camp Creek Road shall be zoned as Rural Service
Center -Open Space District (RSC-OS).
Policy 4.82.5 In April 2002, Alfalfa area residents expressed a desire to keep the community
"the way it is" and to limit commercial activity to 2-acres south of Willard Road
that is the site of the Alfalfa Community Store and the community water system.
These two acres are designated as a mixed used commercial district in the
Comprehensive Plan and shall be zoned mixed use commercial. The remaining
20 acres of the Rural Service Center will continue to be zoned Rural Service
Center -Residential District, with a 5-acre minimum lot size. Since the Board of
County Commissioners finds it may be necessary to accommodate the need for
future commercial expansion 2 acres north of Willard Road are being designated
on the Comprehensive Plan for future commercial uses. A zone change to mixed
use commercial can be considered only for a specific use and upon findings that
the existing commercial area is fully developed.
Policy 4.82.6 County Comprehensive Plan policies and land use regulations shall ensure that
new uses authorized within the Alfalfa, Brothers, Hampton, Millican, Whistlestop
and Wildhunt Rural Service Centers do not adversely affect agricultural and
forest uses in the surrounding areas.
Policy 4.82.7 Zoning in the area shall promote the maintenance of the area's rural character.
New commercial uses shall be limited to small-scale, low impact uses that are
intended to serve the community and surrounding rural area or the travel needs
of people passing through the area. The commercial/mixed use zoning
regulations shall allow a mixed use of residential or small-scale commercial uses.
Policy 4.82.8 Residential and commercial uses shall be served by DEQ approved on-site
sewage disposal systems.
Policy 4.82.9 Residential and commercial uses shall be served by onsite wells or public water
systems.
Policy 4.82.10 Community water systems, motels, hotels and industrial uses shall not be
allowed.
Page 40 of 42-EXHIBIT C TO ORDINANCE NO. 2014-012
Policy 4.82.1 I Recreational vehicle or trailer parks and other uses catering to travelers shall be
permitted.
Policy 4.82.12 The County shall consider ways to improve services in the area consistent with
the level of population to be served.
Page 4] of 42-EXHIBIT C TO ORDINANCE NO. 2014-012
CVtlApter -4 PrtVlA..lArkj RefereV'vces
References'
I. Oregon Department of Land Conservation and Development. Goal 14: Urbanization.
Oregon's Statewide Planning Goals and Guidelines.
2. Oregon Administrative Rule 660 particularly:
a. 660-004 Goal 2 Exception Process
b. 660-22 Unincorporated Communities
3. Bend Joint Management Agreement 98-12331
4. La Pine Intergovernmental Agreement 2009-044
5. Redmond Joint Management Agreement 2007-110
6. Sisters JOint Management Agreement November 9, 1998
7. Ordinance 2004-006, Adoption of Deschutes County Coordinated Population Forecast
8. Ordinances 2005-023 and 2005-024 Redmond Urban Reserves
9. Ordinances 2005-035,2005-036,2005-037,2005-038,2005-039, 2005-040, 2005-045
Sisters Urban Growth Boundary Amendments
10. Ordinances 2006-018 and 2006-019 Redmond Urban Growth Boundary Amendments
I I. Ordinance 2009-006 Adoption of a Coordinated Population Forecast for the City of La
Pine
12. Document 2009-051 Sisters Urban Growth Boundary Amendment for a Fire Training
Facility
13. City of Bend Community Development Department Bend Comprehensive Plan
14. City of Sisters Community Development Department Sisters Comprehensive Plan
15. City of Redmond Community Development Department Redmond Comprehensive Plan
I The references listed are provided for the convenience of the public and are not legally adopted into this Plan.
Page 42 of 42-EXHIBIT C TO ORDINANCE NO. 2014-012
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secttoV'v 5.1.2 LegtslCfttve rttstOYtj
Background
This section contains the legislative history of this Comprehensive Plan.
Table 5.11.1 Comprehensive Plan Ordinance History
Date Adopted/ AmendmentChapter/SectionOrdinance Effective
All, except
Transportation, Tumalo
and Terrebonne
Community Plans, Comprehensive Plan update2011-003 8-10-11" 1-9-I I Deschutes Junction,
Destination Resorts and
ordinances adopted in
2011
2.5, 2.6, 3.4, 3.10, 3.5, Housekeeping amendments to4.6, 5.3, 5.8, 5.1 I, ensure a smooth transition to10-31-I 1111-9-I I 2011-027 23.40A,23.40B, the updated Plan23.40.065, 23.0 1.0 I 0
23.60, 23.64 (repealed). Updated Transportation 8-20-I 21 I I -I 9-I 2 3.7 (revised). Appendix C 2012-005 System Plan . (added) i
La Pine Urban Growth2012-012 8-20-1218-20-12 4.1.4.2 Boundary
Housekeeping amendments to3.92012-016 12-3-12/3-4-13 Destination Resort Chapter
Central Oregon Regional
2013-002 4.2 Large-lot Employment Land
Need Analysis
Comprehensive Plan Map
Amendment. changing
designation of certain
1-7 -1311-7 -I 3
2-6-13/5-8-132013-009 1.3 property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan Map
Amendment. including certain 2013-012 5-8-13/8-6-13 23.01.010 . property within City of Bend
Urban Growth Boundary
Newberry Country: A Plan
2013-007 5-29-13/8-27-13 for Southern Deschutes
. County I
3.10.3.1 I
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2013-016 10-21-13/10-21-13 23.01.010
Comgrehensive Plan Mag
Amendment. including certain
grogenx: within Ci~ of Sisters
Urban Growth Bounda/:X
2014-005 2·26·1412-26-14 23.01.010
Comgreh~nsive Plan Mag
Amendment. including certain
grogenx: within Ci~ of Bend
Urban Growth Bounda/:X
2014-012 4-2-14/7-1-14 3.10.3.11 Housekeeging amendments to
Title 23.
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FINDINGS
I. APPLICABLE CRITERIA:
Title 22, Deschutes County Development Procedures Ordinance
II. BASIC FINDINGS:
A. PROPOSAL: In 2013, the Planning Division determined minor changes were
necessary to clarify existing standards and procedural requirements and to
correct errors found in various sections of the Deschutes County Code. Staff
initiated the proposed changes and has notified the Oregon Department of Land
Conservation and Development. The Deschutes County Board of County
Commissioners will review the proposed changes on April 2, 2014 and make a
final decision.
III. CONCLUSIONARY FINDINGS:
A. CHAPTER 22.12, LEGISLATIVE PROCEDURES
1. Section 22.12.010.
Hearing Required
FINDING: The applicant meets this criterion because a public hearing will be held
before the Board of County Commissioners on April 2, 2014.
2. Section 22.12.020, Notice
Notice
A. Published Notice
1. Notice of a legislative change shall be published in a
newspaper of general circulation in the county at least 10 days
prior to each public hearing.
2. The notice shall state the time and place of the hearing and
contain a statement describing the general subject matter of the
ordinance under consideration.
FINDING: This criterion will be met when notice is published in the Bend Bu"etin
newspaper describing the proposal. I
B. Posted Notice. Notice shall be posted at the discretion of the
Planning Director and where necessary to comply with ORS I
203.045.
FINDING: This criterion will be with notice was posted in the bulletin board in the lobby
of the Deschutes County Community Development Department, 117 NW Lafayette,
Bend. ,
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C. Individual notice. Individual notice to property owners, as
defined in DCC 22.08.010(A), shall be provided at the discretion
of the Planning Director, except as required by DRS 215.503.
FINDING: Given the proposed amendments in· question do not apply to any specific
property, no individual notices were sent. This criterion has been met.
D. Media notice. Copies of the notice of hearing shall be
transmitted to other newspapers published in Deschutes County.
FINDING: Notice will be provided to the County public information official for wider
media distribution. This criterion has been met.
3. Section 22.12.030 Initiation of Legislative Changes.
A legislative change may be initiated by application of individuals
upon payment of required fees as weI/ as by the Board of County
Commissioners.
FINDING: The application was initiated by the Deschutes County Planning Division,
which received a fee waiver. This criterion has been met.
4. Section 22.12.040. Hearings Body
A. The following shall serve as hearings or review body for
legislative changes in this order:
1. The Planning Commission.
2. The Board of County Commissioners.
FINDING: This criterion will be met.
B. Any legislative change initiated by the Board of County
Commissioners shall be reviewed by the Planning Commission
prior to action being taken by the Board of Commissioners.
FINDING: This Planning Commission held a public hearing on February 27, 2014, and
reviewed the proposed changes.
5. Section 22.12.050 Final Decision
AI/legislative changes shall be adopted by ordinance
FINDING: TA-14-1 will be implemented by Ordinances upon approval and adoption by
the Board; this criterion will be met.
IV. PROPOSED TEXT AMENDMENTS:
The proposed text amendments are detailed in the ordinance exhibits with additional text
identified by underline and deleted text identified by strikethrough. Below are
explanations of the proposed changes.
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Title 18 of the Deschutes County Code Amendments:
Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS
Section 18.04.030, Definitions.
The definition of "horse events" is amended to bring it into compliance with state law.
The County adopted its definition of "horse events" in 1994. Under this definition any
type of horse event is allowed without a County permit. However, state law changed in
the mid-2000s to more narrowly define the type of allowed horse events to those related
to schooling (i.e., small-scale, non-sanctioned) shows. This amendment clearly
differentiates between different types of horse events. The addition, the definition of
"stabling or training equines" is amended to reflect the related changes to the definition
of "horse event."
Chapter 18.80 AIRPORT SAFETY COMBINING ZONE
Section 18.80.078 FAA Notification (Form 7460-1).
Pursuant to Oregon Administrative Rule (OAR) 738.070.0060, FAA Notification Form
7460-1 shall be sent by the applicant to Oregon Department of Aviation (ODA) in
addition to the FAA. The addition of reference to this notice requirement provides
explicit direction to the applicant.
Chapter 18.110 RESORT COMMUNITY
Section 18.110.020. Resort District.
This section applies only to the Seventh MountainNVidgi Creek Resort District.
However, the current title is not explicit and does not specify Seventh MountainNVidgi
Creek. This amendment clarifies the applicability of this section.
Chapter 18.116. SUPPLEMENTARY PROVISIONS
Section 18.116.240. Protection of Historic Sites.
This section notes the applicability and requirement to protect historic sites listed and
described the County's Statewide Land Use Goal 5 (Natural Resources, Scenic and
Historic Areas, and Open Spaces) inventory, contained in the Resource Element of the
comprehensive plan. The proposed amendment adds a reference to County Code
Chapter 2.28, Historic Preservation and Historic Landmarks Commission, directing users
to this applicable chapter.
Title 22 of the Deschutes County Code Amendments
Chapter 22.23. DESTINATION RESORT MAP AMENDMENT PROCEDURES
Section 22.23.010. Destination Resort Map Amendment Procedures.
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i The county comprehensive plan underwent a significant rewrite and update in 2011.
Said update included a format revision. While the comprehensive plan is adopted into
Chapter 23 of the County Code, the comprehensive plan no long references Chapter 23I
in the text. Section 22.23.010 of the county procedures ordinance currently includes
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I reference to Chapter 23. This proposed amendment revises this section to reflect the
new format of the comprehensive plan.
Deschutes County Comprehensive Plan Amendments
Table of Contents
The table of contents need revised to incorporate the reinstatement of the La Pine Urban
Unincorporated Community as noted below.
Chapter 4. Urban Growth Management
On November 7, 2006, residents of the La Pine Urban Unincorporated Community voted
to incorporate. One 2.7 acre parcel was not included within the City of La Pine or its
Urban Growth Boundary and remains within the La Pine Urban Unincorporated
Boundary. In 2011, an extensive Comprehensive Plan updated was adopted that
removed all reference to the La Pine Urban Unincorporated Community in error. The
purpose of this amend is to correct this error and reinstate reference to La Pine Urban
Unincorporated Community.
Chapter 5, Supplemental Sections
Section 5.12, Legislative History, identifies the changes made to the comprehensive
plan. The additions to the list include the changes made with this ordinance (Ord. 2014
012), previous comprehensive plan map amendment including certain property within
the City of Sisters urban growth boundary (Ord. 2013-016), and previous comprehensive
plan map amendment including certain property within the City of Bend urban growth
boundary (Ord. 2014-005).
v. CONCLUSION:
Based on the information provided herein, The Board of County Commissioners approve
of the proposed text amendments that make minor changes necessary to clarify existing
standards and procedural requirements and to correct errors.
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