HomeMy WebLinkAbout2012-09-24 Business Meeting ExhibitOregon Department of State Lands (DSL) Testimony to the Deschutes
County Board of County Comrrlissioners on Sept. 24, 2012
Deschutes County File Nos. PA-11-7 &ZC-11-2
Stevens Road Tract (SRT) Plan Amendment and Zone Change
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1. Review of Plan & Zone Change request and why--380 acres; to have a Plan
designation such that if the City of Bend aspires to bring the SRT into its UGB,
that the Plan designation and Zoning assignment are supportive-as a result of
requested Plan and Zone change, the SRT would become an eligible exception
area rather than the current, least eligible statutory priority status for inclusion [of
Agricultural Lands] in a UGB. SE Bend residents need a walkable, multi-purpose
nodal center as described in the Conceptual Master Plan.
2. Review of the Record: DSL submitted Burden of Proof; Borine Soils
Investigation; NRCS Internet Soil Survey; Kittelson TPR Analysis and
Supplement; Staff Report and recommendation; DLCD correspondence;
testimony and rebuttal from Newland Community's attorney; testimony and
rebuttal from DSL (as applicant land owner); Supplemental Staff Report, and the
Decision of the Hearings Officer including findings and a recommendation of
approval of the request.
3. Review of SRT Conceptual MP and concurrent Deschutes County Tract MP
These Plans were concurrently prepared by the same consultant team in order to
assure compatibility between adjacent Plans, properties and development
aspirations/visions/strategies. Recently reviewed that planning process with
Timm Schimke, County Sanitarian, as well as Jim Owens, lead consultant on
both projects and received confirmation from both that the intentions of the
concurrent planning effort was to assure compatibility of adjacent properties.
4. Aerial Photography [8/31/06] showing surrounding urban development to
west, south and north and hobby farms to the east-no commercial agriculture
in vicinity and evidence the SRT has never been farmed.
5. Bend UGB expansion proposal [12112108] -smooth the edge
6. Decision of the Hearings Officer: DSL Summary of HaO. Key Findings
• Surrounding county zoning includes MUA-10 zone to the East and North.
EFU to SE & NE. Residential and Public Facility within the Bend UGB to
the west. NW and SW.
• The County Transportation Planner agrees with the DSL Transportation
Consultant that the TPR requirements for a Plan and Zone Change have
been satisfied.
• It has been demonstrated that the subject property is not agricultural land
according to the NRCS Internet Soil Survey and a professionally
conducted Soils Investigation of the site. No exception to Goal 3 is
necessary.
• Rural Residential Exception Area -"of the 7 County Plan designations,
the RR Exception Area is the only one [Plan designation] that will allow
rural residential development, that it has become a catchall designation for
land types that are authorized for rural residential zoning." [DSL notes that
in DCC 18.32.010. (Purpose of the MUA zone), the paragraph ends with:
and to provide for an orderly and efficient transition from rural to urban
land use.]
• AND, that there have been changes in circumstances since the property
was last zoned with those changes being: the urbanization of adjacent
portions of the City of Bend as well as changes in the Bend UGB.
7. Urban Infrastructure: is in place adjacent to the subject property and is
currently being upgraded [SE Interceptor] to enhance capacity-the only city
collection line currently comrnitted to enhancement. The subject property is one
of a few or the only large vacant urbanizable area adjacent to the UGB that is
already served with urban infrastructure and in proximity of public facilities
[schools, parks, transit stop]. Nearby Reed Market Road is scheduled [and
funded] for urban standard improvement.
8. Current EFU Zoning: inappropriate zoning for the subject property given: not
agricultural soils, no water rights, existing adjacent urban density residential
development causes farming practices at this site to be an incompatible land use
activity.
REQUEST: That the Deschutes County Board of Commissioners affirm
the Hearings Officer's and Planning Division staff recommendation and
findings to approve the requested Plan amendment and Zone change for
the Stevens Road Tract [Deschutes County File Nos. PA-11-7 & ZC-11-2].
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Neighborhood Park
Stevens Road Tract
Conceptual Master P an
Adopted June, 2007
Adopted by:
THE STATE LAND BOARD
Ted Kulongoski -Governor
Bill Bradbury -Secretary of State
Randall Edwards -State Treasurer
Prepared by:
OREGON DEPARTMENT OF STA'rE LANDS
ASSET MANAGEMENT SECTION
LAND MANAGEMENT DIVISION
Louise Solliday -Director
In Conjunction with:
cogan Owens Cogan, LLC
SERA Architects, Inc.
Century West Engineering
TABLE OF CONTENTS
_________1
Introduction __~
Opportunities & Constraints 3
Design Principles & Overall Objectives 4
Major Plan Elements 5
Housing 7
Employment 7
Parks & Open Space 9
School & Other Community Facilities 10
Transportation & Site Access 10
Energy Production 13
Sustainable Design & Development 13
Public Facilities and Services _ 14
Water & Wastewater Facilities 14
Stormwater Drainage Facilities 15
Power & Other Utilities 16
Site Remediation 16
Land Use Compatability 16
Conformance with Asset Management Plan 17
Implementation -17
UGB Recommendations 17
Refined Site Planning & Development 17
For More Information
Figures
Vicinity Map
Master Plan
Road System
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12
Stevens Road Tract -Vicinity Map
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city limits (
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Stevens Road Tract: Regional Context r=========:J'Milee
page 1
Introduction
In 1997, the Oregon Department of State Lands
(DSL) completed a Master Plan for a 640-acre tract
near Bend (Deschutes County). The property is
known as the ~Stevens Road Tract," as it is located at
the intersection of Stevens Road and 27th Street in
Section 11, Township 18 South, Range 12 East. The
1997 Conceptual Master Plan identified potential
long-term uses of the property to include school
sites, civic buildings, residential and commercial
uses, and parks and open space.
The Stevens Road Tract is one of many properties
throughout the state which are managed by the
State Land Board (through DSL) to benefit the
state's Common School Fund (CSF), with revenues
dedicated to the support of K-12 education in
Oregon. The property was acquired from the federal
Bureau of Land Management (BLM)
in the 1990's to satisfy a 1991
court decision that the State of
Oregon was owed approximately
5,200 acres of public domain lands
from admission into the Union.
CSF lands are managed by the
State Land Board as a "trust"
to maximize short-and long
term revenues consistent with
sound stewardship and business
management principles. As the trustee, the State
Land Board has a duty to maximize the value of, and
revenue from, CSF lands over the long term.
Specific management direction for the Stevens
Road Tract is provided by DSL's 2006-2016 Asset
Management Plan:
Complete and implement a revised Master Plan
for the Stevens Road Tract, secure a development
partner, and work with the City of Bend and
Deschutes County to pursue an Urban Growth
Boundary amendment.
Since the 1997 Master Plan was completed, the
Stevens Road Tract has remained undeveloped.
Currently, 12 easements and rights-of-way are
authorized on the property, including utility
easements. There are no leased uses of the
Tract. Overnight camping, discharge of firearms ,
dumping of waste
and motor vehicle
use are not allowed.
DSL enforces
these restrictions
in response to
complaints from
the public and/
or neighboring
landowners. The Tract is surrounded by urban, semi
urban and rural land uses.
Except for a 12.49
acre portion at its
northwest corner,
the Tract is currently
outside the Bend
urban growth
Stevens Road Tract Conceptual Master Plan • Department of State Lands
Adopted June, 2007
page 2
boundary (UGB) and
zoned by Deschutes
County for Exclusive
Farm Use (EFU). This
small portion of the
Tract is within the Bend
city limits and zoned for
residential use.
When DSL prepared
the initial Master Plan
in 1997, the agency did
not expect to develop
the property for urban
uses for a significant period of time, given that it was
not in the City of Bend's UGB and was not expected
to come into the boundary for more than a decade.
However, the pace of growth in the Bend area has
increased significantly during the past 10 years,
increasing the likelihood that the property may be
eligible for inclusion in the UGB sooner than initially
expected. To ensure that it is prepared for that
possibility, DSL has updated its Conceptual Master
Plan to identify current proposals for future use of
the property once it is eligible for inclusion in the
UGB and annexation to the City of Bend.
Deschutes County owns a large tract of land directly
south of the DSL site. The master planning process
also addressed a portion of that property so that DSL
and the County could plan for the two areas in an
integrated manner. A proposed concept plan for that
property is described in a March, 2006 Deschutes
County Tract Master Plan.
In preparing this Conceptual Master Plan, DSL
and their consultants (Cogan Owens Cogan, SERA
Architects and Century West Engineers), conducted
the following activities:
.:. Reviewed the existing master plan and
other relevant materials, including land use
planning, park, transportation and planning
documents prepared by the BLM, City of Bend,
Deschutes County, the Oregon Department
of Environmental Quality (DEQ) and the Bend
Metro Park and Recreation District (BMPR) .
•:. Contracted a March, 2005 appraisal of the
Tract.
.:. Conducted an opportunities and constraints
analysis .
•:. Convened a meeting of state and local agency
representatives to discuss future land needs,
opportunities and constraints associated with
the site in June, 2005.
.:. Conducted follow-up meetings with County and
City officials to discuss plans to accommodate
future growth in the Bend area.
.:. Prepared preliminary design concepts and
reviewed and refined them in consultation
with DSL staff, including a design charrette
conducted on September 14, 2005.
.:. Conducted and summarized a meeting on
November 8, 2005 with state and local agency
representatives to further review, discuss and
refine preliminary design concepts .
•:. Followed up with agency representatives
to discuss specific topics raised during the
Stevens Road Tract Conceptual Master Plan • Department of State Lands
Adopted June, 2007
November 8 meeting.
.:. Circulated a December, 2005 Preliminary Draft
Master Plan for agency review.
•:. Consulted with the Oregon High Desert Grotto
of the National Speleological Society on cave
locations and protection measures .
.:. Reviewed and commented on Bend 's updated
Collection System Master Plan.
.:. Monitored Bend 's residential land needs study
and UGB amendment process, as well as
Deschutes County's urban area reserve (UAR)
process.
.:. Prepared an April, 2007 Draft Conceptual
Master Plan for public review and posted it on
the DSL web site.
.:. Conducted a May 8,2007 public meeting to
obtain input on the Conceptual Master Plan. (A
meeting summary is attached as an appendix.)
.:. Presented a Draft Conceptual Master Plan for
adoption by the State Land Board at its June 12,
2007 meeting.
Opportunities Be
Constraints
The Stevens Road Tract represents a unique set
of opportunities for the state, the City of Bend,
Deschutes County and the community:
.:. Generation of revenues from development of the
site to benefit public schools statewide through
the Oregon Common School Fund .
.:. Ability to help meet a variety of community
needs for housing, including affordable housing
opportunities, employment, parks, open space ,
and other community facilities.
.:. A single, large, vacant parcel, with relatively few
environmental constraints.
.:. Ability to meet the housing, shopping,
recreational and employment needs of future
residents of this site and to some degree, the
surrounding area .
•:. A location directly adjacent to the City's existing
urban growth boundary (UGB) and to existing
developed areas; a portion of the property is
already located within the Bend UGB.
.:. Access to existing sewer and water lines and a
major roadway with capacity for additional traffic .
•:. Relatively flat topography and outstanding
views of the Cascades to the west and other
mountains to the south .
•:. The adjacent County property represents an
opportunity to buffer future urban uses on
the DSL property from existing and future
operations at the County's solid waste facilities
to the south.
As previously noted, the Stevens Road Tract
is currently undeveloped. It is a relatively flat
property, with few constraints to development. Key
constraints include:
.:. Presence of a number of caves and collapsed
lava tubes, with a sensitive bat species known to
inhabit at least some of the caves.
Stevens Road Tract Conceptual Master Plan . Department of State Lands
Adopted June, 2007
.:. Historic disposal of solid and liquid waste on
approximately 40 acres of the Tract.
.:. Irrigation canal running diagonally across the
Tract's northwest corner .
•:. Natural gas transmission line, with a 600
foot buffer, running north/south through
approximately the center of the property .
•:. Perpetual easement for electrical SUbstation on
approximately two acres at the northeast corner
of the Tract.
Design Principles
Be Overall Objectives
DSL envisions development of a "complete
community" on this site, with opportunities for
residents to live, work, shop and play in the same
area, reducing transportation and other public
facility needs. This overall approach to a self
sustaining development will be coupled with
sustainable development design and construction
techniques to create a unique neighborhood within
the City.
Master Plan objectives and principles include:
.:. Develop a mixture of uses that creates
opportunities for living, working, recreating
and shopping within the development, reduces
the need for automobile travel, and increases
opportunities for bicycling and walking.
.:. Maximize revenues for the Oregon Common
School Fund through a public-private
partnership for development in accordance with
this Master Plan.
.:. Coordinate with the City of Bend, Deschutes
County, other public agencies and citizens to
ensure that future development is consistent
and integrated with overall goals for community
wide growth and development.
.:. Create a mixture of housing types that meet the
needs of households with a range of incomes,
including affordable housing needs.
.:. Coordinate development of the Stevens Road
Tract and potential uses on the County property
with long-term use of the adjacent County
owned solid waste facilities and associated
property.
.:. Help meet short and long-term community
needs and objectives for land use, housing, and
economic development.
.:. Protect sensitive environmental features and
resources from the impacts of development.
.:. Incorporate sustainable development and
design principles and practices, including but
not limited to the following:
-Energy efficient building materials and
building construction practices (e.g., energy
Stevens RoadTract Conceptual Master Plan • Department of State Lands
Adopted June, 2007
page 5
efficient windows, building orientation,
high-efficiency heating and cooling systems,
recycled building materials, etc.)
-Alternative energy sources, including solar
power.
-Il.Jative vegetation and other landscaping
practices that minimize irrigation needs.
-Natural drainage facilities and practices
(e.g., bio-swales, detention ponds, rolled
curbs)
-Permeable or semi-permeable surfaces for
low impact areas such as driveways, bike
paths or similar areas.
Major P an E ements
The Conceptual Master Plan incorporates the
following key features:
.:. A wide range of housing types adequate to
accommodate approximately 2,600 dwellings
(6,300 people, based on a projected average
household size for the Bend area), including
single-family attached and detached homes,
duplexes, tri-plexes, multi-family dwellings and
mixed use residential/commercial development
(homes over
businesses).
.:. A comprehensive
system of parks
and open spaces,
with three
neighborhood
parks and an interconnected
system of trails and passive open
space, including a significant trail
corridor parallel to the gas pipeline.
The County-owned site to the south
includes a proposed community park
adjacent to a new
high school.
.:. A commercial
mixed-use c enter
at the northwest
corner of the site
within the existing
UGB, including a small complex of offices,
as well as a mix of retail commercial shops
and housing, flanking a diagonal main street.
This would serve this property, as well as the
surrounding area.
.:. A village center primarily serving residents
in this area, and located in approximately the
center of the Tract. It could include public
buildings such as a branch library or community
center, a neighborhood park and possibly an
elementary school, as well as a modest amount
of neighborhood commercial development.
.:. A flexible amount of land zoned for employment
use adjacent to 27 th Avenue (e.g., light industrial,
tech/flex or office use) intended to meet long
or short-term economic needs, and located
adjacent to available transportation, water and
sewer services.
.:. Solar energy generation or storage facilities
in the southwest portion of the site that could
provide or store power for or from homes on site,
with linkages to opportunities for passive solar
production and use.
Each of these elements is
described in more detail on
the following pages.
Stevens Road Tract Conceptual Master Plan • Department of State Lands
Adopted June, 2007
page ~
Stevens Road Tract -Conceptual Master Plan
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Stevens Road Tract Conceptual Master Plan • Department of State Lands
Adopted June, 2007
A significant portion
of the Tract is
proposed to be
devoted to housing
400 acres or 62.5
percent). This land
could accommodate
approximately 2,630
housing units,
assuming an average
density of about 6.6
units per acre. This is slightly higher than the target
density identified in the City of Bend's residential
land and housing needs analysis.
Housing is expected to include a mix and range
of housing types, including higher density and
multi-family housing that can help meet overall
community needs for affordable housing. It
also would be expected to meet the needs of a
variety of different types of people or households,
including families, seniors and others. As a state
agency landowner, DSL is
in a unique position to help
meet these community needs
through partnering with other
governmental agencies,
affordable housing developers
and others to help meet
affordable housing needs for
low and moderate income
families, seniors and others
who face an increasing shortage of affordable
housing.
page 7
Approximately 15 to 25 percent of residential acres
are targeted towards higher density residential
development (duplexes, tri-plexes, four-plexes and
apartments). Given the relatively higher densities
of these types of housing, that would translate into
potentially 40 percent or more of the total number
of housing units. This exceeds projected
needs identified by the City of Bend in its
current residential land and housing needs
analysis.
Different housing types are proposed to be
distributed throughout the Tract. Integrating
single-family detached and other housing
units can help reduce concentrations
of multi-family housing and/or lower-income
households. At the same time, some mUlti
family or higher-density housing is proposed to be
concentrated near commercial development and
potential future transit corridors to help support
future transit services and commercial businesses.
Single family housing would be located on a range
of lot sizes, though most lots would be 5,000 to
6,000 square feet or less, consistent with Bend's
development code and in an effort to reduce land
prices associated with housing,
and to meet the projected needs of
future residents.
Employment
Recognizing that other areas within
the community are planned to
accommodate much of the City's
long-term employment growth
(e.g., the downtown/Central Bend
area and Juniper Ridge), employment uses are
allocated to a relatively modest proportion of the
Stevens Road Tract Conceptual Master Plan . Department of State lands
Adopted June, 2007
page 8
Tract (approximately 5 to 12 percent and 35 to 85
acres). About half of this area would be devoted to
neighborhood commercial or mixed use residential!
commercial uses in four different areas within the
site. These would include:
.:. A commercial hub is proposed at the
northwest corner of the Tract. This area would
serve residents within and outside the Stevens
Road Tract. It would include commercial and
office uses, possibly incorporating a state office
complex. This would help accommodate a
growing demand for state office space, create
opportunities for centralized services and help
jumpstart development of commercial services
and housing on the Tract. This area also would
include a main street area, with commercial
and mixed use development area radiating to
the southeast. Neighborhood commercial uses
would provide opportunities for pedestrian and
bicycle travel for residents within % to 1/2 mile or
more from this area.
.:. A village center, located approximately in the
center of the Tract, would include a modest
amount of commercial development to serve
residents within the Stevens Road Tract. This
area also would include an elementary school,
park and other civic uses. It would be adjacent
to the gas line bicycle/pedestrian corridor and
bordered by higher density housing to improve
access and proximity to these services and
amenities.
.:. Two additional, small neighborhood
commercial areas are identified in the eastern
half of the site and likely to occur in later stages
of development. They also would primarily serve
residents within this area and possibly some
neighbors to the east.
In total, neighborhood commercial and mixed
use areas would account for approximately 15 to
25 acres, with the potential for 500 to 750 jobs,
assuming an average of 30 employees per acre.
Schools proposed for the Tract also would also
generate employment. A typical elementary school
includes just over 40 full time employees, while a
high school includes about 110 workers.
Flexible employment areas are proposed in the
northwest and southwest corners of the Tract.
These areas could be zoned for a mix of tech-flex,
office, light industrial or other, similar uses to meet
short-term and long-term land needs for these
types of uses. A portion of these areas also could
function to promote live/work opportunities and
accommodate the needs of public agencies that
need larger sites to store vehicles and equipment.
They are located in areas that will be easiest to
develop in the short term and have the best access
to roads (i.e., 27th Avenue) and sewer and water
lines. Approximately 20 to 60 acres (3 to 12 percent
of the site) are designated for this type of use. This
area could be expanded or reduced, depending on
needs for this type of land identified by the City as
it updates its estimates of future employment land
needs. This could translate to approximately 600
to 3,000 jobs, assuming 30 to 50 jobs per acre
(average employment density for a mix of office
Stevens Road Tract Conceptual Master Plan . Department of State Lands
Adopted June, 2007
page 9
and tech/flex employment or less dense types of
employment). These uses would serve this Tract
and to some degree the entire community. They
also represent opportunities to generate long-term
revenue for the Common School Fund.
Parl<s & Open Space
A significant portion of the site is proposed to be
dedicated to a mix of passive and active recreation
and open space,
including paths and
trails, neighborhood
parks and passive open
~~iii~;~;space associated with I! environmentally sensitive
areas. Trails will provide
both recreational opportunities for residents, as
well as routes between community uses within and
outside the Stevens Road Tract, including parks,
schools, residential and neighborhood commercial
areas. Specific facilities are proposed to include the
following:
.:. Passive open space. About 160 acres of the
Tract are identified for open space, in large part
to protect caves and associated bat species
located on the property. These areas would be
managed to protect these sensitive resources,
while allowing some use for passive open space
enjoyment, where feasible. DSL will prepare
a cave management plan per its commitment
to protect sensitive bat species. Conditions of
that plan will apply to any future owners of the
property .
• :. Comprehensive trail network. A system of
trails is proposed to include a major diagonal
north/south trail along the gas transmission
line which would provide access through the
area between the centrally located civic center
and with
connections
to proposed
neighborhood
parks and
schools within
the Stevens
Road Tract. It also would link these areas to a
community park proposed for the County-owned
site to the south and an adjacent new high
school. The open space and trail network also
would connect residents within the area to an
existing middle school site to the southwest and
to possible future trail corridors along the canal
that runs through the northwest corner of the
DSL Tract. Although this canal may be moved
underground in the future, the Parks District
would still expect to create a trail easement
adjacent to it.
.:. Neighborhood parks. Three neighborhood
parks, totaling approximately 12 to 15 acres, are
proposed, consistent with expected residential
development within the area and level of service
standards adopted by BMPR. At least one of
these parks would be co-located with a new
elementary school, providing opportunities
for shared use of school and park district
recreational facilities and potentially reducing
overall land needs for them. One of the other
parks would be located within the Village Center,
in close proximity to other community facilities
that could be located in that area (e.g., a library,
fire station, etc.).
.:. Community park. A community park of
approximately 25 acres in size is proposed on
the County-owned property to the south. This
park could have a broad range of facilities
and uses, possibly including but not limited
Stevens Road Tract Conceptual Master Plan • Department of State Lands
Adopted June, 2007
page 10
to playing fields, picnic shelters, paths and
walkways, play equipment, and natural areas or
open space. Location, design and development
of this and other parks would be consistent
with BMPR goals, policies and identified facility
needs. The community park would help meet
park needs for the Tract
and buffer the County's
landfill to the south
from residential and
commercial development
on the Stevens Road Tract.
It also would be co-located
next to a proposed high
school, also on the County-owned property,
that would serve the DSL and County-owned
properties, as well as the larger surrounding
area. The park would be located to avoid
potential impacts on surrounding properties
from lighting or other activities.
The amount of land devoted to parks and open
space would impact BMPR in terms of future
operation and maintenance needs. Detailed
planning for parks and open space will need to be
closely coordinated with BMPR to address these
issues and identify adequate means and funding
sources to operate and maintain facilities developed
on this Tract.
Schools & Other
Community Facilities
Development of the Stevens Road Tract will drive the
need for additional elementary schools and possibly
a middle school. Approximately 10 acres have
been identified for development of an elementary
school, based on typical standards for school sizes,
the proportion of school age children, and goals for
efficient land use and development. One
school could be located within the village
center area, along with other possible
community facilities to serve residents
(e.g., a library, fire station, and/or small
community center). Schools would be
accessible by all modes of transportation, including
the open space and trail network proposed for the
site.
A high school is proposed for the County-owned
property to the south. As noted above, it would
serve the DSL and County-owned properties, as well
as the larger surrounding area.
No middle school sites are incorporated in the Plan,
given the close proximity to the existing middle
school site to the southwest.
Transportation & Site Access
The Stevens Road Tract is adjacent to 27lh Street
and Reed Market Road, which are major arterial
streets serving this part of Bend. Future planned
improvements to street infrastructure include
straightening of Stevens Road to connect to Reed
Market Road, and widening of Reed Market Road,
which will improve traffic circulation to the west.
Ultimately, 27 U1 Street may also be widened to a five
lane configuration, which would improve circulation
to the north and south. Traffic signalization
improvements along 27lh Street also could be
needed. The location and type of improvements
Stevens RoadTract Conceptual Master Plan . Department of State Lands
Adopted June, 2007
page 11
would be identified during future,
more detailed planning phases.
Future connections to 27 th will
need to be planned in a way that
ensure adequate connectivity
to the Stevens Road site, while
minimizing impacts on congestion
along 27th •
Master Plan development also 50-60' R.O.W.
would require construction of an
internal road system of arterial, collector and local
roads, as illustrated in the map that follows. The
road system would include the following elements
and attributes:
.:. Provide circulation within and through the
Tract, with adequate connections to adjacent
roads such as 27t h Avenue, Stevens Road and
Ferguson Road. The layout and orientation of
the road network would promote connectivity
and mobility.
.:. Create adequate east-west and north-
south through streets within the Tract to
ensure connectivity through the Tract and to
surrounding areas.
.:. Enhance opportunities for use of alternative
modes of transportation, including bicycling,
walking and transit use. This would include
construction of bicycle lanes and sidewalks
on all major roads within the Tract, as well as
the connected system of pathways described
previously. It also would entail designation of
transit routes and stops to serve residents and
workers, particularly in higher density residential
and mixed use portions of the Tract.
.:. Use a boulevard design for major roads , such
as the north/south diagonal road, that provides
access to the village center and possibly along
a port ion of 27th Avenue, adjacent to proposed
residential development.
.:. Design and build local neighborhood streets that
calm traffic, encourage bicycle and pedestrian
use and improve safety.
.:. Create street orientations that allow for
and enhance opportunities for solar power
generation and use.
.:. Use roundabouts, where feasible . These could
provide poss ible locations for transit stops and
improve mobility.
.:. Consider and address the impacts of transit,
pedestrian, bike and auto traffic from adjacent
areas to the Stevens Road Tract.
Interior roads would connect to adjacent roads
using a combination of stop signs and signals,
where warranted to manage and control traffic at
intersections.
The Master Plan shows the approximate location
and orientation of major roads and an example of
a local street pattern . Street designs and layouts
would be refined during detailed design and
development of the site, consistent with land use
patterns, traffic analysis and City road standards.
Stevens Road Tract Conceptual Master Plan • Department of State lands
Adopted June, 2007
page 12
Stevens Road Tract -Conceptual Road System
[ 1 500 1_
Stevens Road Tract Conceptual Master Plan • Department of State Lands
Adopted June, 2007
Energy P rod uction
As well as supporting the overall goal of
environmental sustainability, solar energy's
economic benefits are continually increasing with
advances in technology and institutional practices.
The Stevens Road Tract offers a number of unique
opportunities to employ leading-edge solar energy
production and utilization practices to enhance
environmental sustainability and create revenue
generation opportunities. These could include
concentrated solar power generation, distributed
solar power generation, and passive solar
design. To effectively implement these strategies,
discussions with power utilities should occur early
in the planning and site development process.
A portion of the Tract (about three to 10 acres) along
the southern boundary is proposed to be used for
production of solar and possibly other alternative
energy sources (e.g., methane or other solid waste
facility by-products). A significant amount of energy
could be produced within a relatively modest area
and used to support other proposed development.
In addition to exploring opportunities for solar
energy generation or use, DSL will explore use
of other potential alternative energy sources.
Consultation with the Energy Trust or similar
organizations will occur to further investigate
these issues.
In addition to a concentrated solar energy
generation facility, the homes could be built with
the option of incorporating distributed solar power
generation capabilities into roofs, possibly using
integrated solar roof tiles.
Passive solar design concepts also should be
included in the overall planning process for the
development and design of individual homes. This
would require proper orientation of the streets
from east to west as the plan indicates. It also
would entail orienting house lots north to south,
to optimize solar access and reduce shading.
Additionally, individual homes should incorporate
passive solar architectural concepts, such as
day-lighting, solar gain, thermal mass and natural
ventilation.
Sustain ab le Design
& D evelopn1ent
A variety of sustainability principals are proposed
to be used as the Tract is planned and designed in
more detail and developed. They include, but would
not be limited to:
.:. An overall mix of uses that balances jobs
and housing to the greatest extent possible,
consistent with the City's residential and
employment land needs and goals, and that
allows people to live, work, shop and play within
the area, with a minimal need to drive.
.:. Multi-modal transportation facilities that
encourage people to walk, bicycle and use
transit.
.:. Residential densities that support transit use
within, to and from the site .
• :. Energy-efficient building materials and
construction practices (e.g., energy-efficient
windows, building orientation, high-efficiency
heating and cooling systems, recycled building
materials, and other similar practices) .
• :. Power generation from alternative energy
Stevens Road Tract Conceptual Master Plan • Department of State Lands
Adopted June, 2007
p~ge 14
sources, including solar power.
.:. Use of distributed solar power generation from
individual homes.
.:. Incorporation of solar energy principles in design
of street layouts, building orientation, and
building design during the early planning and
design stages.
• :. Native vegetation and other landscaping
practices that minimize irrigation needs.
.:. Natural and other drainage facilities and
practices that retain stormwater within the site
and minimize drainage impacts (e.g., bio-swales,
detention ponds, rolled curbs).
.:. Permeable or semi-permeable surfaces for low
impact areas such as driveways, bike paths or
similar areas.
• :. Irrigation using "gray" water for landscaping or
other feasible uses.
.:. Possible development of a "living machine"
on the County-{)wned site to the south, using
biological processes to treat wastewater produced
on the DSL and County properties.
These practices would benefit the community in
a variety of ways and could result in a model for
self-sufficient and sustainable design practices,
including:
.:. Reducing impacts on the natural environment.
.:. Enhancing the physical health of residents.
.:. Reducing long-term energy, public facility and
other costs of developing and maintaining
homes, businesses and public facilities.
.:. RedUCing impacts on municipal infrastructure .
• :. Supporting Bend's long-term goals for
implementation of a transit system.
.:. Improving residents' quality of life by reducing
the amount of time needed to travel and
allowing more time to pursue other activities.
.:. Creating potential revenue opportunities for DSL
(e.g., through solar energy production) .
Public Facilities
"Services
In addition to the transportation facilities previously
described, the proposed Master Plan would require
construction of water, wastewater and stormwater
facilities on site, as well as improvements to storage
and distribution facilities off-site. Following is a
summary of needed improvements .
Water &Wastewater Facilities
Average flows for water and wastewater have been
calculated based on the types of development and
the approximate flows typically observed for various
land uses in Bend. Resulting needed improvements
to existing or new facilities are described below. The
need for some improvements may be reduced by
incorporating sustainable design and development
principles, which is an important objective of this
project.
An estimated approximately 0.81 million gallons
per day (Mgd) would be generated at full build-{)ut.
Existing sewer facilities in the vicinity of the site
include a 6-inch force main in 27th Street. This force
main discharges to an 8-inch gravity sewer between
the site and the intersection of Highway 20. At
Stevens Road Tract Conceptual Master Plan • Department of State Lands
Adopted June, 2007
page 15
Highway 20, the 8-inch sewer discharges to a 12
inch sewer.
The current sewer collection master plan for the
City of Bend forecasts that these
sewers will be at capacity when
the area within the urban growth
boundary (UGB) is fully built
out. The current master plan did
not consider areas outside the
UGB. Therefore additional sewer
infrastructure will be required
before development of this Tract can take place.
However, the City
currently is in the
process of updating
its sewer master plan
and is considering
areas outside the
UGB, including the
Stevens Road Tract.
Improvements under
consideration in the
Collection System
Master Plan include
a major trunkline
named the Southeast
Interceptor that will
follow the canal alignment at the NW corner of
the property. This trunkline will have sufficient
capacity to accept wastewater generated at the
site. Any required additions to the City's wastewater
treatment plant capacity would be funded through
system development charges paid to the City.
No timeframe has been given by the City for the
construction of this trunkline. As an alternative
to construction of or use of a new trunkline, it
may be possible to provide wastewater service
through the "Living Machine" proposed for the
site. Construction would be subject to review and
approval by DEQ.
Water demand is projected to be 2.48
million gallons per day (Mgd). This
assumes that the open spaces would
be seeded with turf and irrigated. If
alternative landscaping is used, as
proposed and consistent with sustainable design
principles, less water would be needed.
The areas adjacent to the Tract are currently served
by Avion Water Company, a private water supplier.
Avion would be the likely supplier of water service
for the Tract, and has considered its development
in their long-range planning. Based on their data
and the flow volumes calculated above, the following
improvements to their distribution system would be
required:
.:. Three acres for a reservoir and pumping facility.
.:. A 5 Mgd reservoir.
.:. A booster pump station.
.:. A new transmission line to the site, with
approximately 1,500 feet of 24-inch pipe
anticipated.
Stormwater Drainage Facilities
The primary means for treatment and disposal
of stormwater in Bend is onsite disposal through
the use of drainage swales, ponds, filters, and
drywells. Historically, drywells have been used most
frequently; however, due to increasing scrutiny by
DEQ, these structures are becoming more difficult to
install. Drywells may still be installed for disposal of
Stevens RoadTract Conceptual Master Plan . Department of State Lands
Adopted June, 2007
roof drainage, and may be used in residential areas
and open spaces. In all other areas, the preferred
methods for site drainage are the use of ponds,
swales, and filters, eco-roofs, porous pavement and
other sustainable stormwater treatment techniques.
Power & Other Utilities
Adequate facilities are available to provide electrical
power, gas, telephone and cable television service
to the site.
Trans-Canada GTI'J operates a gas transmission line
that crosses the site, including a 36-inch pipeline
and a 42-inch pipeline within an 80-foot right-of-way
(ROW). Trans-Canada typically allows perpendicular
crossings of their ROW for streets and utilities,
although they prefer to minimize the number of
crossings when possible. Planning for the Tract
reflects this condition.
A trail along the length of the ROW would be located
so that it is not directly above either pipeline. This
will allow Trans-Canada to expose their pipeline
without excavating through the pathway.
Site Remediation
In the past, a portion of the site currently proposed
for use as open space was used for disposal of
municipal solid and liquid waste. A more detailed
assessment of the site is needed to determine
the extent of municipal waste remaining and
appropriate remediation.
The first step to determine what remediation is
needed is to perform a Phase 1 Environmental
Site Assessment. This assessment is currently
page 16
being conducted. Depending on this investigation,
it may become necessary to perform additional
investigations before proceeding with site cleanup
operations. Site cleanup, if needed, will be
coordinated with DEQ.
Land Use
Compatibility
Pursuant to DSLs 2006 State Agency Coordination
Program, the following findings and conclusions are
made regarding the compatibility of this Conceptual
Master Plan with the comprehensive plans and land
use ordinances for the City of Bend and Deschutes
County:
.:. A small portion of the Tract (12.49 acres) is
zoned by the City of Bend for residential use
(RS-Standard Density Residential). This portion
of the Tract is within the UGB and Bend city
limits and could be developed for urban uses
at this time. However, the Conceptual Master
Plan proposes that this area be developed for
mixed uses in conjunction with the remainder of
the Tract, rather than independently. Any zone
changes needed to accommodate Conceptual
Master Plan uses for this portion of the Tract
would be requested by DSL as part of approval
of a Master Plan development for the entire
Tract and/or refinement plans for specific
portions of the Tract.
.:. The remainder of the Tract (627.51 acres)
is zoned by Deschutes County for Exclusive
Farm Use (EFU), and has a minimum lot size
of 80 acres. This area has not historically
nor is currently used for agriculture. The EFU
zoning was applied because of its past federal
Stevens Road Tract Conceptual Master Plan . Department of State Lands
Adopted June, 2007
ownership. Conceptual Master Plan uses would
not be in compliance with current EFU zoning
and could not be pursued without inclusion of
the property within the Bend UGB and city limits.
.:. While the Conceptual Master Plan is not in
compliance with current City and County zoning,
development is not being proposed at this
time and would not be pursued in the future
under current zoning. Upon inclusion within
the Bend UGB and city limits, DSL would seek
approval by the City of Bend of Comprehensive
Plan designations and zoning needed to
accommodate Conceptual Master Plan uses,
based upon a Master Plan development for the
entire Tract and/or refinement plans for specific
portions of the Tract.
Conformance with
Asset Management
Plan (AMP)
The Stevens Road Tract is classified as Industrial/
Commercial/Residential (lCR) land in the Board's
2006-2016 Asset Management Plan and managed
under an 'active' management strategy. The
AMP calls for the Tract to be managed for urban
development potential; directs the development
of an updated Master Plan along with inclusion
in the Bend UGB or UAR; allows for investments
in improvements to increase value; and promotes
seeking a partner (e.g., master lessee) to develop
the site at urban densities. This Master Plan fully
implements the management strategy stated in the
AMP.
page 17
Implementation
UGB Recommendations
DSL staff and its consulting team will conduct the
following tasks to implement a strategy for inclusion
of all or a portion of the Tract in the Bend UGB:
.:. Monitor and participate in the Bend and
Deschutes County UGB and UAR amendment
processes.
.:. Pursue inclusion of the Tract within the Bend
UGB, based on results of the City's UGB
amendment study and consultation with local
officials; assist in preparing findings that support
the proposed UGB amendment strategy.
.:. Present information about proposed DSL and
County plans to City, County and other officials,
when appropriate (e.g., the Technical Advisory
Committee for the residential lands study or its
subcommittees, members of the City Council,
as well as the City Planning Commission, the
Deschutes County Board of Commissioners,
BMPR Board and others).
Refined Site Planning
& Development
Following adoption of the Plan, DSL will undertake
a variety of actions to further implement the Plan,
including but not limited to:
.:. Work with the Oregon Department of
Administrative Services and other state
agencies to define regional state facility needs
that could be met at this site.
Stevens Road Tract Conceptual Master Plan • Department of State Lands
Adopted June, 2007
.:. Complete a Phase 1 Environmental Assessment
of former waste disposal areas and develop a
remediation plan, as needed.
.:. Develop a cave management plan, with
protection of habitat for sensitive bat species;
secure cave entrances as needed.
.:. Explore partnerships to develop affordable
housing, while generating revenues for the
Common School Fund (e .g., through ground
leasing of multi-family housing developments).
.:. Coordinate further with the Bend School District
and BMPR to assess, locate and design schools,
parks and recreation lands and facilities .
•:. Explore options for development of the Tract,
such as agreement with a master developer(s)
to conduct detailed planning and development
of the site upon its inclusion in the UGB.
.:. Continue to coordinate with the County on the
compatibility of Stevens Road Tract development
with land uses on the adjacent County property.
.:. Coordinate planning with DSL's 2006-2016
Asset Management Plan.
For More Information
In addition to managing Common School Fund
lands, the Department of State Lands provides
some direct services to the public and regulates
certain aspects of the protection of Oregon 's
waterways. DSL administers Oregon's Removal
Fill Law, which requires a permit to remove, fill, or
alter more than 50 cubic yards of material in the
state's waterways . Wetlands conservation and
management also is a key responsibility of DSL.
DSL also acts as a trustee for unclaimed property,
administers estates with no known heirs, manages
the South Slough National Estuarine Research
Reserve (near Coos Bay), and provides support
to the Oregon Natural Heritage Advisory Council.
Moreover, DSL also maintains historical records on
all state land transactions.
Contact our Salem office for further information
about this Plan or any of the other services
DSL provides. You may also access the Plan
on the Department's Web site: http://www.
oregonstatelands.us .
Oregon De partment of State
Lands
775 Summer Street, NE
Suite 100
Salem, Oregon 97301-1279
503-986-5200
503-378-4844 FAX
John Lilly
Manager, Asset Management Section
Land Management Division
503-986-5281
Other DSL Offices
South Slough National
Estuarine Research Reserve
P.O. Box 5417
Seven Devils Road
Charleston, OR 97420
541-888-5558
541-888-5559 FAX
DSL Eastern Region
1645 NE Forbes Road, Suite 112
Bend, OR 97701
541-388-6112
541-388-6480 FAX
Stevens Road Tract Conceptual Master Plan • Department of State Lands
Adopted June, 2007
APPENDIX A: Public Meeting Summary
Stevens Road Tract Master Plan
Public Meeting
High Desert Middle School, Bend
Tuesday, May 8, 2006; 6:00 pm -8:00 pm
Introduction and Meeting Objectives
The Department of State Lands (DSL) conducted a public meeting on May 8, 2007 to present
and obtain input on the Draft Stevens Road Tract Master Plan (April, 2007). Approximately 25
persons attended. Representing DSL were John Lilly, Clara Taylor, and Julie Curtis; and Jim
Owens, Cogan Owens Cogan, representing the planning firm hired to assist in updating the
Master Plan for the Stevens Road property. Representing Deschutes County were Timm
Schimke and Peter Gutowsky.
The Stevens Road Tract Master Plan will guide the use and development for the next 20 -30
years of the 640-acre tract bordered by 2th Street and Stevens Road at the southeast edge of
the Bend Urban Growth Boundary. The Stevens Road Tract is Common School Fund Trust land
that is to be managed to maximize revenues to support K-12 education in Oregon. Also
presented at the meeting was a Draft Deschutes County Tract Master Plan (April, 2007) that
addresses 137 acres managed by the Deschutes County Department of Solid Waste directly to
the south of the Stevens Road Tract.
Public Notice
Notice of the public meeting was provided through publication in The Bulletin and through direct
notice to neighbors and other interested parties. The Bulletin ran a front-page story on the
meeting and plan on May 9.
Meeting Format and Comment Opportunities
Following welcoming remarks and introductions, a PowerPoint presentation on the Draft Master
Plan was provided. This was then followed by a question/answer session and the opportunity
for attendees to provide recorded statements on the record. Information was provided on
Opportunities and Constraints, Design Principles and Overall Objectives, and Key Plan
Elements.
Comment opportunities included:
• Questionnaire posted on the DSL Web site and distributed at the public meeting.
• Flip charts at the public meeting stations.
• Recorded public statements at the public meeting.
• Via Web, e-mail and written formats.
Summary of Comments
Written Correspondence
• Concerns about traffic safety at Ferguson and 27 th Street.
• Request for short-term right-of-entry.
• Recommendations for cave protection and management.
1
Public Meeting Comments
• Concerns about trespass onto adjacent eastside properties.
• Infrastructure needs will be significant. Sewer -eventually the city will want the adjacent
(east-side) property owners to hook up to the city sewer. What is the projected timing; will
sewer lines be extended down 2ih?
• What are the "first-phase" elements? What happens if the entire property doesn't come into
the UGB?
• County landfill seems very close to proposed housing. Will it be moved? (County answered
that the landfill will be in place until 2025 at the very latest, and may be moved sooner. The
transfer station will remain. The buffer is Y4 mile.)
• The "urban and semi-urban" description does not apply to the north and east sides of the
property which are primarily rural-agricultural.
• Intersection of Ferguson Road and 27th Street is problematic due to lack of sight distance.
There have been a number of accidents in this area.
• Consider having a "volunteer center" within the village center.
• Concerns about a north-south arterial along the east side of the property.
• Cul-de-sacs might be a good solution for quieter neighborhoods, especially those adjacent
to the east-side properties.
• Stevens Road will need to be Significantly improved to handle increased traffic volumes.
• Road improvements should occur prior to development.
• A buffer zone along the eastern border would transition adjacent land uses.
Station Comments
• The Central Oregon Irrigation District canal may be viewed as a "constraint" but it also
provides a unique opportunity for a trail connection all the way northwest to the Deschutes
River and northeast to BlM and park lands.
• This tract of land is the "Shevlin Park" of southeast Bend. There are few parks and open
space in the southeast. The Senior Center is not safely accessible for young families. If the
parkland could stay connected via canals and rural trails, people will feel it's a better use of
the area. Is the open space requirement currently being met in the southeast if this is
developed?
Teenage boys need dirt bike trails.
People need areas for dog walking.
Natural areas needed for peace of mind.
• The pipeline is the ugliest part of the land; how will this be improved?
2
Oregon Department of State Lands
775 Summer Street, NE Ste 100
(503) 986-5200
www.oregonstatelands.us
Salem, Oregon 97301-1279
FutureCounty Public Works Dept Community Park High School
Site ,I
.-_.---..... _--_.-,
Humane SocIety
Solar Energy Generation )
Central Oregon -------
Electric Cooperative
County SOlid Waste Facilities
,• ~-------------------------------------------' \. . ---.. ---.-----------
Ught Industrial
esch tes County Tract
as er Plan
April, 2007
Prepared for the
Deschutes County Department of Solid Waste
through Agreement with
Oregon Department of State Lands
Prepared by:
Cogan Owens Cogan, LLC
SERA Architects, Inc.
Century West Engineers
TABLE OF CONTENTS
Introduction 1
Site Description 1
Opportunities & Constraints 2
_ _____2Concept Plan ___
Purpose of the Concept Plan 2
Concept Planning Process 3
Design Principles & Objectives 3
Concept Plan 3
Recommendations 9
Figures
Site Location _______~______ 1
Deschutes County Tract: Scenario A ______ 5
Deschutes County Tract: Scenario 8 _______7
Deschutes County Tract: Scenario C 9
pag~l
Introduction
This Concept Plan provides recommended short and
long-term direction for management of a 137-acre
tract of Deschutes County property managed by the
County's Department of Solid Waste (Department).
This property is located to the southeast of the City
of Bend and directly adjacent to the City's urban
growth boundary (UGS). It is bordered on the north
by state lands managed by the Oregon Department
of State Lands (DSL), on the west by the County's
Public Works Department administrative offices and
yard, on the southwest by the County's solid waste
facilities, and on the east and southeast by rural
residential development (Figure 1).
Figure 1. Site Location
Planning for the County Tract is being undertaken
by the Department to ensure the compatibility of
current and future uses of the site with those being
planned by DSL on the adjacent Stevens Road
Tract, as well as with other surrounding uses . DSL
is updating a 1997 master plan for the 640-acre
Stevens Road Tract directly to the north to reflect
current conditions and expected future trends in the
area, including demand for specific land uses; DSL
goals to enhance the Common School Fund; and
City objectives to meet future community needs.
DSL also is evaluating the feasibility of bringing the
Stevens Road property into the Send UGS. DSL
envisions development of a "complete community"
on this site, with opportunities for residents to live,
work, shop and play in the same area, reducing
transportation and other public facility needs. This
overall approach to a self-sustaining development
will be coupled with sustainable development design
and construction techniques to create a
unique neighborhood within the City.
Site Description
The County Tract is undeveloped, with
current uses limited to hiking and horseback
riding. The property is relatively landlocked
and there are no developed external access
pOints and no formal road or trail systems.
Most users access the site from DSLs
Stevens Road Tract or from McGilvary Road
to the east. County staff has ready access
from the Public Works Department yards via
informal roads.
There are no known sensitive environmental
or cultural resources present.
The property is zoned Exclusive Farm Use (EFU)
by Deschutes County and is within an area being
evaluated by the City of Bend for expansion of its
UGB and designation of urban reserves.
Deschutes CountyTract Master Plan . Department of Solid Waste
April,2007
page 2
The solid waste transfer station and facilities
on adjacent properties are expected to be in
operation for the long term and the County Public
Works Department has indicated that it has
adequate land within its adjacent properties to
meet future needs, including future landfill and
transfer station needs. Specifically, the County
landfill is expected to have a capacity of about 20
more years.
Opportunities & Constraints
Through consultation with Department staff and
other state and local agencies, the following
opportunities and constraints have been identified
for consideration in conceptual planning for the
County Tract.
Opportunities
.:. A single, large, vacant parcel, with no known
environmental constraints. Taken together,
the Department and DSL tracts represent over
775 acres of undeveloped land, with relatively
few environmental constraints .
• :. Ability to help meet the needs of future
residents of the Stevens Road Tract and the
surrounding area for schools, parks, open
space, and other community facilities .
• :. Opportunity to buffer future urban uses on the
DSL property to the north from existing and
future operations at the County's solid waste
facilities .
• :. A location directly adjacent to the City's
existing UGB and in close proximity to existing
developed areas.
.:. Access to existing sewer and water lines.
.:. Relatively flat topography and views of the
Cascades to the west and other mountains to
the south.
Constraints
.:. Presence of collapsed lava tubes on a portion
of the site.
.:. Natural gas transmission line that separates
the property from County-owned land to the
west.
.:. Current and future use of adjacent County
property for solid waste disposal and transfer
operations.
.:. Lack of developed access.
Concept Plan
Purpose of the Concept Plan
The County has undertaken conceptual planning
for this site in conjunction with planning for the
Stevens Road Tract to the north to ensure the
compatibility of current and future uses on its
property with future uses on the southern portion
of the DSL property. The purpose of this Concept
Plan is to identify and assess recommended short
and long-term uses of the County property. In
addition, the Plan includes recommendations on:
.:. Pros and cons of inclusion in the City of Bend
UGB;
Deschutes County Tract Master Plan • Department of Solid Waste
April, 2007
pa!1;~3
.:. Disposition of Tax Lot 100;
•:. Continued County ownership;
.:. Zoning in the context of the recommended
Concept Plan; and
.:. Access.
Concept Planning Process
In preparing this Concept Plan, the County and
their consultants (Cogan Owens Cogan, SERA
Architects and Century West Engineers), conducted
the following activities:
.:. Reviewed the existing Stevens Road Tract
master plan and other relevant materials,
including planning, land use, park,
transportation and planning documents
prepared by the City of Bend, Deschutes County,
the Oregon Department of Environmental
Quality (DEQ) and the Bend Metro Park and
Recreation District (BMPR).
.:. Convened a meeting of state and local agency
representatives to discuss future land needs,
opportunities and constraints associated with
the County and Stevens Road tracts in June,
2005.
.:. Conducted follow -up meetings with County and
City officials to discuss plans to accommodate
future growth in the Bend area.
.:. Prepared preliminary design concepts and
reviewed and refined them in consultation
with County and DSL staff, including a design
charrette conducted on September 14, 2005.
.:. Conducted and summarized a meeting on
l'Jovember 8, 2005 with state and local agency
representatives to further review, discuss and
refine preliminary design concepts.
.:. Followed up w ith agency representatives
to discuss specific topics raised during the
November 8 meeting .
.:. Monitored Bend's residential land needs study
and UGB amendment process.
.:. Prepared this Concept Plan, incorporating the
results of all previous tasks.
As noted above, a variety of state and local agencies
have been involved in the concept planning process,
including: Deschutes County -Road Department,
Department of Community Development,
Department of Solid Waste; Bend Long Range
Planning; Oregon Department of State Lands;
Oregon Water Resources Department; Oregon
Department of Land Conservation and Development;
Oregon Department of Environmental Quality;
Oregon Department of Housing and Community
Services; Bend Metro Parks and Recreation District;
and Bend-La Pine School District. Specific interest
groups participating include Bend Little League and
the Humane Society of Central Oregon.
Design Principles & Objectives
The following design principles and objectives have
been applied in preparation of this Concept Plan:
.:. Buffer ongoing operations at the County's solid
waste facilities from future urban uses on the
Stevens Road Tract.
.:. Provide a mi x of land uses that is integrated and
compatible with those proposed for the Stevens
Road Tract.
.:. Ensure that future development is consistent
and integrated with overall goals for community
wide growth and development.
.:. Help meet short and long-term community
needs and objectives for public facilities ,
recreation, and economic development.
Deschutes County Tract Master Plan • Department of Solid Waste
April , 2007
~~~~~;":~.";,,Jj;~~~~~~
page 4
planning requirements. In this scenario, the Tract area. In addition, the park should be located to
would continue to be used as passive open space, avoid potential impacts on surrounding properties
with uses limited to the current hiking and horseback from lighting or other activities.
riding.
.:. Coordinate with DSL on opportunities to
generate power from alternative sources.
.:. Incorporate sustainable development and
design principles and practices.
Concept Plan
I n planning for the County Tract, it is recognized that
both short and long-term uses are highly dependent
upon: (1) development of the Stevens Road Tract;
and (2) inclusion of the County Tract within the
Bend UGB in the short-term, i.e., as part of the City's
current UGB amendment process. Consequently,
this proposed Concept Plan includes several
scenarios:
.:. Scenario A: Neither the Stevens Road Tract nor
the County Tract is brought into the UGB.
.:. Scenario B: The Stevens Road Tract is brought
into the UGB but the County Tract is not.
.:. Scenario C: Both the County Tract and the
Stevens Road Tract are brought into the UGB.
Scenario A
In this scenario, neither the
Stevens Road nor County tracts
are brought into the UGB in the
short term. Based upon the
assumption that the County
Tract remains outside the
UGB, only a limited number
of (non-urban) uses can be
accommodated based on
County zoning (EFU) and state
Scenario B
This scenario assumes that urban development
occurs on the Stevens Road Tract, but that the
County Tract is not brought into the UGB at this time.
Proposed Concept p'lan elements are predicated
on land uses that complement Stevens Road
Tract development and serve as a buffer to that
development. They include:
Community Park
A community park of approximately 25 acres in
size is proposed on the northern portion of the
County-owned property. This park would border
the Stevens Road Tract and serve as a buffer
between the County's solid waste facilities and
long-term urban development of the Stevens Road
Tract. The community park could have a broad
range of facilities and uses, possibly including but
not limited to playing fields, picnic shelters, paths
and walkways, play equipment, and natural areas
or open space. Location, design and development
of this and other parks would be consistent with
BMPR goals, policies and identified facility needs.
The community park would help meet developed
recreation needs resulting both
from Stevens Road development
and other development in the
southeastern portion of the
Bend metro area. The park
should be sited for long-term co
location with a high school (see
Scenario C) to serve the DSL
I and County-owned properties,
as well as the larger surrounding
Deschutes County Tract Master Plan • Department of Solid Waste
April,2007
p~ge5
I
-
1---1--01--1---+--1Figure 2. Deschutes County Tract: Scenario A •
'...
Deschutes County Tract Master Plan • Department of Solid Waste
April,2007
Trails and Open Space
The majority (at least half) of the County Tract would
be expected to remain passive open space . A limited
trail system is proposed in conjunction with park
development, with connect ions to the trail system
developed for the western portion of the Stevens
Road Tract. The key feature of the trail system would
be a diagonal north/south trail along the GTN gas
transmission line that would provide connections
to the proposed community park, to trails and open
space within the Stevens Road
Tract, and to the middle school
and Snowline Park located west
wastewater. A "living machine" would use biological
processes to treat wastewater produced on the
Stevens Road and County properties. Such on-site
processing would reduce demand on the City's sewer
system.
Transportation and Site Access
Creation of a community park in particular will
necessitate development of road access across the
northern portion of the County Tract. Options include
a west-east extension of
Ferguson Road and/or a new
east-west connector from Ward
of 27th Street. In the long term, Road. Development of north
it also would link these areas to south road access through
a new high school proposed for the southern half (open space
the County Tract (Scenario C). portion) of the Tract is not
envisioned.
Public Facilities and Services
Energy Production
The Stevens Road Tract Master Plan proposes
development of solar or other alternative energy
production on a portion of that site along its
southern boundary (directly north of the Public
Works Department). Production facilities could
be expanded from the DSL site to incorporate
portions of the County property. There also may be
opportunities for a joint venture between the County
and DSL to generate energy from alternative sources
and/or generation of methane on the County site.
A significant amount of energy could be produced
within a relatively modest area and used to support
other proposed development.
Living Machine Demonstration Site_
During preparation of the Stevens Road Tract Master
Plan, DSL and County representatives identified
the potential for a "living machine" demonstration
project to process storm water and possibly
In addition to the
transportation facilities described above, water,
wastewater and stormwater facilities likely will be
required for development of a community park,
depending on the nature of amenities created at
the park . It is assumed that wastewater treatment
will occur on site or through the proposed "living
machine." Avion Water Company, a private water
supplier, would be the likely supplier of water service.
It is assumed that Avion would be able to serve the
park through a booster pump station and a new
transmission line. Alternatively, the City of Bend
could provide water service if it were to successfully
negotiate a transfer of service areas with Avion. It
is also assumed that stormwater would be treated
onsite through the use of drainage swales, ponds,
filters, and drywells. Adequate facilities are available
to provide electrical power, gas and telephone
service.
Deschutes County Tract Master Plan • Department of Solid Waste
April,2007
page 7
.
....... ________-1 ~ . _. _. _. _. _.)
Figure 3. Deschutes County Tract: Scenario B ED
Deschutes County Tract Master Plan • Department of Solid Waste
April, 2007
_lit .
\!
pag~~
Scenario C
Inclusion within the UGB allows for a broader range
of uses to be considered for the County Tract. In the
long-term, urban uses could include light industrial,
institutional or other uses. Additional transportation
facilities likely would be needed to connect this site
to provide internally and to adjacent properties to
the north and west. Scenario C includes all of the
facilities described above for Scenario B, as well as
the following additional elements:
HighSchool
A high school is proposed for co-location with the
community park. It would serve the residential uses
proposed for the Stevens Road Tract, as well as the
larger surrounding area. An additional approximately
20 -25 acres are proposed for school facilities, with
athletic facilities co-located on the park site.
Light Industrial
Light industrial or small office uses could be sited
in the southeastern quadrant of the Tract (to the
south of the high school and community park), both
to buffer solid waste facilities further to the south
and to provide employment opportunities in the
long term. Approximately 30 -40 acres would be
devoted to employment uses. This could translate to
approximately 450 -1,200 jobs, assuming 15 -30
jobs per acre (average employment density for light
industrial and small office commercial employment).
Such industrial or commercial uses could generate
tax revenues to the County to help offset the effects
of other non-tax generating uses. Among the light
industrial opportunities to explore are:
.:. Relocation of ODOT's Bend maintenance facility
to this site, possibly near the existing Road
Department facility.
.:. The Oregon Fish and Wildlife Department may
need additional land for equipment storage
and related uses. The County Tract could be a
candidate for these types of uses in the future.
Trails and Open Space
The trails system would be similar to that in
Scenario B, except that there would be additional
trail connections to the high school site from the
open space/trails system on the eastern half of
the Stevens Road Tract and from the community
park. Open space needs would be met through
the community park and "living machine" site. In
this scenario, the southeastern quadrant would be
developed for light industrial uses, with smaller open
spaces serving as a buffer to ongoing solid waste
disposal activities.
Transportation and Site Access
As in Scenario B, a new access road across the
northern portion of the County Tract would be
needed to access the proposed high school and
community park. In addition, north-south circulation
through the site and connections to Ward and
McGilvray roads would be needed in conjunction with
light industrial development.
Public Facilities and Services
In addition to the transportation facilities described
above, the proposed development scenario would
require construction of water, wastewater and
stormwater facilities on site, as well as improvements
to storage and distribution facilities off-site.
Additional sewer infrastructure will be required
before the high school and light industrial
development can take place. As an alternative to
construction of or use of a new trunkline to the site,
it may be possible to provide wastewater service
through the proposed "Living Machine."
Deschutes County Tract Master Plan • Department of Solid Waste
April, 2007
UGl~O -
-'---_______ .-J ~ • _ ._. _. _. _.)
~-..
Figure 4. Deschutes County Tract: Scenario C
Deschutes County Tract Master Plan • Department of Solid Waste
April,2007
Avion Water Company would be the likely supplier
of water service for the site unless the City of
Bend were to negotiate assumption of service as
described previously. Proposed high school and
light industrial development would require several
improvements to Avion's system, including a new
reservoir and pumping facility, a booster pump
station and a new transmission line. Depending on
the types of improvements made to the City's system
to accommodate development in other areas,
development of this site also could necessitate
improvements to the City's system if it were to
provide service.
The primary means for treatment and disposal
of stormwater in Bend is onsite disposal through
the use of drainage swales, ponds, filters, and
drywells. Drywells may be installed for disposal of
roof drainage, and may be used in residential areas
and open spaces. In all other areas, the preferred
methods for site drainage are ponds, swales,
and filters, eco-roofs, porous pavement and other
sustainable stormwater treatment techniques.
Adequate facilities are available to provide electrical
power, gas, telephone and cable television service to
the Tract.
Recommendations
In addition to developing a recommended Concept
Plan, the County's consultants were asked to provide
recommendations on several specific questions.
Pros and Cons of UGB Inclusion
In considering the question of whether to pursue
inclusion of the County Tract within the Bend UGB,
Department staff indicated that the County's primary
goals for its property are to buffer the County landfill
(further south) from potential impacts related to
development of the Stevens Road Tract and to
ensure compatibility between the Stevens Road
Tract and the adjacent County property. Those goals
can be readily met through the types of land uses
proposed in this Concept Plan, irrespective of the
property's inclusion or exclusion within the UGB. The
open space, park, school and light industrial uses
proposed would be expected to be adequate buffers
to ongoing operation of landfill, transfer station, and
other public works operations.
The key factors affecting whether or not to pursue
UGB inclusion are (1) the level of revenues to be
generated from use of the Tract; (2) the desirability
to locate public uses (e.g., school, park, and open
space) on public property; and (3) the potential
likelihood of inclusion, given preliminary progress on
the UGB alternatives evaluation.
Arguments for inclusion within the UGB include:
.:. Inclusion within the UGB allows for consideration
of a broader range of land uses.
.:. Inclusion of both the DSL and County properties
within the UGB presents a unique opportunity
for over 750 acres of planned development
to respond to a variety of long and short-term
community needs for housing, employment,
open space, developed recreation, and public
facilities. While either of the two sites can
be independently developed, combined they
represent a greater opportunity to respond to
these needs in a coordinated and cost-effective
manner.
.:. Inclusion within the UGB provides an opportunity
for light industrial and other compatible land
uses to help offset the loss of tax revenues
Deschutes County Tract Master Plan • Department of Solid Waste
April, 2007
page 11
resulting from the public uses proposed in this
Concept Plan.
Arguments against pursuing inclusion of the County
Tract within the UGB in the short and medium terms
include:
•:. While adding the County property to those
sites under consideration for UGB inclusion on
Bend's southeast quadrant would create certain
efficiencies of scale, it would also increase
the competition for the limited amount of land
expected to be included.
.:. Depending upon Bend's long-term land use
needs, urban uses, such as light industrial,
could compete or conflict with the siting of such
uses on DSL property.
.:. The County, as a decision-maker in the UGB
amendment process, could be perceived by
private property owners to have an unfair
advantage.
Disposition of Tax Lot 100 (i.e., Should Solid Waste
and Public Works be on Separate Tax Lots?)
From a Concept Planning perspective, it is immaterial
whether Tax Lot 100 is divided to separate the solid
waste facilities and Public Works administrative
offices/yard from its undeveloped portions. From
a long-term administrative perspective, such a
separation is recommended.
Continued County Ownership
Prior to inclusion of the County Tract within the
UGB, there is no obvious reason to dispose of the
property. However, if the County and Stevens Road
tracts are included in the UGB, it is recommended
that a decision to retain or dispose of the property
be made in conjunction with DSL. DSL will be
asseSSing the feasibility of leasing or selling its
Stevens Road Tract to a private developer, taking
a role as master developer, and other options.
Applying a common approach to the County
and state properties could result in a number of
efficiencies and cost savings .
It is also recommended that those portions of the
site proposed for school and park uses be sold or
traded to the school and park districts, respectively.
Recommended Zoning
Zoning will be contingent upon UGB inclusion and
will need to reflect the land uses pursued. In the
short term (until such time as UGB inclusion),
the current EFU zoning adequately reflects the
recommended land uses. With UGB inclusion,
rezoning pursuant to the City's standards and
process will be required to accommodate proposed
land uses. For example, Public Special District
zoning will be needed for the proposed community
park and high school; Light Industrial zoning will be
needed for the proposed light industrial/small office
uses.
Access
Improvements to non-vehicular access would
be provided through the proposed trails and
open space. Proposed transportation system
improvements include road extensions across
the northern portion of the Tract and north-south
connections through the eastern portion to serve
light industrial uses. These improvements will need
to be designed to avoid or minimize conflicts with
ongoing use of adjacent County property for solid
waste disposal and transfer operations.
Deschutes CountyTract Master Plan • Department of Solid Waste
April, 2007
N
o
l?
c=J Master Plan Area
Area 1
Commercial
Industrial
Residential
TOTAL
Area 2
Commercial
Industrial
Residential
Surface Mining
TOTAL
42
21
451
514
24
26
270
280
600
Area 3
Commercial 20
Industrial 55
Residential 218
TOTAL 293
Area 4
Commercial
Industrial
Residential
TOTAL
Area 5
Commercial
Industrial
Residential
TOTAL
31
31
338
400
226
57
67
350
Area 6
Commercial 13
Residential 136
TOTAL 149
(These areas are anticipated to be master planned and would
provide a relative mix of uses as depicted in the tables below.
The numbers represent approximate gross available acres for each use.
Acres listed as Residential may include commercial convenience,
institutional, and additional schools, parkS,or public facilities uses.)
1 0.5 0
I ~~~~~~~_iiiiiii_iiiiiiiiiiiiiii~! Mile~
Map prepared by the City of Bend, 1211212008.
General Plan Designation
Existing UGB[=:=J Urban Reserve Residential * ~Park SiteC Proposed UGB (Alt 4A) ~School SiteUrban Reserve Commercial
Urban Reserve Industrial
c:=J Surface Mining
• In additional to residential uses, Urban Reserve Residential Public Facilities may include commercial convenience uses, institutional uses,
and additional schools, parks, or other public facility uses.
LIZ FANCtfER, A TT<9RNfY
Liz Fancher
Sue Stinson, Paralegal
September 24,2012
BOARD OF COUNTY COMMISSIONERS
DESCHUTES COUNTY
1300 NW WALL STREET, SUITE 200
BEND, OREGON 97701
Re: PA-11-7 and ZC-11-2; Plan Amendment and Zone Change for Department of State Lands
I am writing to submit comments in the record for the above-referenced land use application on
behalf of Newland Real Estate Group, LLC and NNP IV-NCR, LLC (referred to, collectively, as
"Newland").
Former Landfill
A significant part of the DSL property was used as a dump by Deschutes County. DSL's
environmental consultant determined that environmental hazards exist at the site and determined
that these hazards should be remediated before the land is used as proposed by DSL's master
plan. This fact should have been considered by the hearings officer when determining whether
the change of zoning proposed by DSL will meet the purpose of the MUA zoning district to
provide for rural residential development as it was raised by Newland and is relevant to making a
finding of compliance with DCC 18.136.020(B).
Newland submitted a DSL-commissioned Initial Site Assessment prepared in April 2009. The
assessment shows that the DSL property contains asbestos that may make the site hazardous to
future residents. According to the DSL summary of the report attached as Exhibit A of this
letter, "[s]uspected asbestos containing material (ACM) was observed in about half of the test
pits at depths as shallow as 2.5 feet." The summary concludes that "[t]he presence of asbestos in
several tests [sic] pit locations is a long-term risk if the material is disturbed or reaches the
surface where it can deteriorate and small particles become airborne. The [asbestos] material
was found at a shallow depth and is considered a potential direct exposure concern. Additional
measures will be required to insure this material is not disturbed."
The DSL summary of the Initial Site Assessment also states that "[t]he most likely current and
future potential exposure concerns are direct contact (ingestion, inhalation, dermal) with the
contaminants [found in the landfill]." Two samples contained contaminants that "could exceed a
long-term risk level under the most conservative assumption. These are likely to be handled by
removal of the debris in specific locations, use of engineering controls or placing conditions on
644 NW BROADWi\ Y STREET· BEND, OREGON· 97701
PHONE: 541 385 3067 • FAX: 541 385-3076
2- September 24,2012
future development." None of these actions has been undertaken or required as a condition of
approval of the plan amendment and zone change. The summary says that its environmental
expert recommended debris removal from areas that would be developed with roads and
buildings and that DSL should obtain "approval from the Department of Environmental Quality
(DEQ) that the remaining debris does not pose a long-term risk to human health or the
environment for the future anticipated uses of the Tract."
Deschutes County should withhold approval of a rural residential plan designation and zone until
DEQ determines that the debris on the site does not pose a long-term risk to human health or to
the environment.
Rural Residential Plan Designation/Administrative Rules
Newland agrees with the County's hearings officer that if the DSL land is found to be
nonagricultural land, that a plan designation other than "Agriculture" may be applied to the
property. Newland believes, however, that the County should adopt and apply a nonagricultural
plan designation.
If Deschutes County approves the DSL application, Newland believes it must or should resolve
the following issues:
1. May the "Rural Residential Exceptions Area" plan designation (RREA) be applied to
land to nonagricultural land that does not qualify as an exceptions area?
Comment: Newland asks Deschutes County to adopt a nonagricultural land plan
designation and, if appropriate, apply it to the DSL property. Different State laws and
rules apply to Rural Residential Exceptions Areas and to nonagricultural lands. The use
of a single label will create confusion and may result in misapplication of the law.
2. If so, what provisions of the Deschutes County comprehensive plan and State law allow
Deschutes County to apply an RREA plan designation to land that is not an RREA?
Comment: The legal basis for the hearings officer's determination that an RREA plan
designation may be applied to nonagricultural land that is not in an RREA is that hearings
officer Karen Green approved a similar application in 2007 in P A-07 -1 (Pagel). Since
2007, Deschutes County has adopted a new comprehensive plan. The Pagel decision,
therefore, fails to address the question whether such an action is permitted by the current
and applicable version of the Deschutes County comprehensive plan or by State law.
That question must be answered correctly and in DSL's favor in order for the County to
approve the DSL application.
3. Does Deschutes County Comprehensive Plan Policy 2.2.4 which directs the county to
"[d]evelop comprehensive policy criteria and code to provide clarity on when and how
EFU parcels be converted to other designations" require that Deschutes County undertake
-3- September 24,2012
that effort prior to applying and changing the zoning and plan designation of the DSL
property based on a land classification not contained in its comprehensive plan?
Comment: The hearings officer's answer to this question was based on the Pagel
decision. The Pagel decision is not determinative because it is based on a repealed
version of the Deschutes County comprehensive plan. The County must find a basis in
the current comprehensive plan to answer this question.
4. May Deschutes County apply an RREA plan designation to nonagricultural land in face
of the statement in Section 3.3 Rural Housing of the comprehensive plan that "[a]s of
20 I 0 any new Rural Residential Exception Areas need to be justified through taking
exceptions to farm, forest, public facilities and services and urbanization regulations, and
follow guidelines set out in the OAR" despite the fact that no such exception is being
taken by DSL?
Comment: The hearings officer found that Section 3.3 is a plan policy. The hearings
found that the language of the policy is limited to conversions of agricultural land to rural
residential lands. The DSL property is being converted from an Agricultural land plan
designation to a RREA designation.
5. Is it appropriate to limit the scope of Section 3.3 Rural Housing to "conversions" of farm
and forest land despite the fact that there is no language in Section 3.3, quoted above, that
supports that limitation? What part of the comprehensive plan supports that reading?
Comment: The plan language says it applies to "any new Rural Residential Exceptions
Area." DSL is requesting a new RREA designation.
6. Is the hearings officer correct that OAR 660-004-0040(7)(i)(A) is inapplicable to a
request to apply an exceptions area plan designation to land that is nonagricultural land?
If land is found to be nonagricultural, does that fact make all limits on the development of
rural residential exceptions areas inapplicable even though the land is a plan-designated
RREA?
Comment: The hearings officer says that the administrative rules that apply to RREAs
will not apply to the DSL property even though it will be designated as being a RREA.
Does the Board agree? How can land be classified an RREA and not be subject to the
rules that apply to these areas? Won't this create confusion in future land use applications
as most persons would believe that the area is an exceptions area because it has that plan
designation?
7. If State laws and regulations that apply to RREAs apply, does the MUA-lO zoning
district assure compliance with those rules including OAR 660-004-0040(7)(i)(A) that
requires that any zoning district applied to land in a new RREA limit lot sizes to a 10-acre
minimum?
-4- September 24,2012
Comment: The MUA-lO zone allows lots as small as 2 acres and an average density of
about one dwelling per five acres)? State law requires that new rural residential
exceptions areas impose a minimum lot size of ten acres.
8. The hearings officer's decision does not discuss the conditions of approval that DSL said
would be applied to its property and that DSL argued help establish compliance with
relevant approval criteria. Will the Board of Commissioners be applying these
conditions? If so, what will be required and it will the conditions adequately respond to
issues raised in the course of the hearing.
Soils Analysis
The hearings officer erred in finding that NRCS soils survey and its interpretation by County staff
and DSL staff shows that the DSL property is nonagricultural land comprised of at least 50%
Land Capability Class 7 and 8 soils. The soils surveys show that the area of the DSL property
being rezoned is at least 50% Class VI soils when not irrigated. As a result, it does not support
approval of the application.
The record contains two maps that show the NRCS soils classifications for the DSL property
proposed for rezoning. They are:
• April 9, 2012 map entitled "Steven Road Tract" prepared by Dan Antonson ofDSL
• March 16,2012 map obtained from the Web Soil Survey by Newland
Deschutes County staff also made assertions about the NRCS soil types found on the DSL
property. In all cases, the data shows that about 55% of the DSL property is comprised of 38B
Deschutes-Gosney complex soil. The correct land capability class (LCC) of all land mapped 38B
soil is Class 6. When a soil is a complex, the rating of the predominant soil type is the correct
class of all areas mapped with the same soil type (38B). See Exhibit D.1
DSL's land use application followed the same approach when addressing the Deschutes Gosney
complex soil identified by its soils expert? All land mapped Deschutes Gosney complex was
rated Class 6. In addition, this is how DSL's soils expert addressed the issue on Table 2 of the
Sage West, LLC report (page 8 of Soil Investigation for Stevens Road Tract).
According to Goal 3, Class 6 soil is agricultural soil. Soil of this type should be designated
Agriculture on the comprehensive plan and zoned EFU.
I Exhibit B is e-mail correspondence between Newland's attorney and Roger Borine of Sage West, LLC, a certified
soils examiner.
20n page 7, the DSL application discusses the soil classes found on the DSL property by the Sage West, LLC Soils
Investigation Report. The table on page 7 and the narrative shows that all of the Deschutes-Gosney complex soil
was given an LCC 6 rating. This is the rating ofthe predominant Deschutes soil that is a part of this complex. The
Gosney part of the complex is a Class 7 soil but is given an LLC rating of Class 6 because Deschutes is the
predominant soil in the complex.
-5-September 24, 2012
County staff and the hearings officer erred in concluding that NRCS data shows that the soils are
not agricultural soils because both misinterpreted the data provided by the NRCS soils survey.
Staff failed to apply the predominant soil type to all soils found in a soils "complex" (a soil type
with a mix of soil types) as would be done by a soils professional. This fact is evident from the
information submitted to the County by "staff." See Exhibit C. Instead, the County applied the
Class 6 rating to just half of the land mapped 38B resulting in reaching the erroneous conclusion
that less than one half of the DSL property contains soils rated Class 6 by the NRCS.
Finally, the hearings officer erred in finding that the analysis of soils contained in the DSL
application supported the conclusion that 50% of the DSL land being rezoned consists of soils
classified Class 7. The DSL application relied on the Sage West, LLC soils analysis and a July
26, 2011 analysis by Sage West, LLC. The soils reviews provide information that is different
than that provided by the NRCS maps as explained in prior submittals by Newland. A soils study
of this type cannot be relied on by the County because it has not been reviewed and approved by
LCDC, as required by State law. This position is fully supported in materials filed with the
County during the hearings officer's review.
Issues Not Addressed by Hearings Officer
The hearings officer failed to address all issues raised by Newland, including issues related to the
DSL traffic impact analysis. Newland request that Deschutes County address all issues it raised
below in the County's final decision in this matter.
Thank you for your anticipated consideration of these issues.
Sincerely,
Liz Fancher
Attorney for Newland
Enc. - 3
..
Oregon Department of State Lands
Stevens Road Tract
Initial Site Assessment of Abandoned Landfill Area
Summary Information
Stevans Road Tract is a Common School Fund Assat
The 640-acre Stevens Road Tract is an asset of the Common School Fund managed
by the Department of State Lands (DSl) to produce revenue from urban
development from its sale or Jease. The Fund is a trust created at statehood to
SlJpport Oregon's K-12 schools.
The Tract lies partially within the Bend city limits (12 acres) but is mostly adjacent to
and outside the city limits. It was acquired by DSl from the Bureau of land
Management (BlM) in 1997 to partially fulfill the federal government's obligation of
additional acreage due to the state since statehood. Before DSl's acquisition. the
BlM leased a 40-acre tract on the southwestern quadrant of the property to
Deschutes County for a landfill and sewage disposal site from the mid-1950s to 1972.
The actual area of use for the landfill was approximately 20 acres and the sewage
disposal area was about 1.5 acres. In 1972 and in accordance with all applicable
regulations, the landfill was officially closed.
The landfill Study
DSl hired a Bend-area environmental consultant to perform an "Initial Site
Assessmenr (ISA) with the following objectives:
• Provide an assessment of the location and extent of landfill and sludge waste.
• Assess the landfill debris and adjacent soil for environmental contaminants.
• Monitor soil gas in the landfill area for the presence of landfill gas vapors.
• Evaluate the results based on the potential future use of the property.
• Provide recommendations regarding current uses and future development of
the site.
The assessment was conducted by PBS Engineering + Environmental (PBS) during
December 2008 and January 2009. Surface geophysical, subsurface exploration and
gas vapor monitoring techniques were utilized to characterize the nature and extent
of waste debris. All work was coordinated with DSl and the Deschutes County Solid
Waste Department, who provided labor and equipment assistance with the project.
Geophysical Survey
The magnetic and seismic surveys provided an initial approximation of the size and
depth of the landfill debris. Areas interpreted as having debris present also had
grassy areas with less developed vegetation. Surveys were conducted over the
EXHIBIT A
..
disturbed areas of the site to estimate the limits of the disposal area and debris
thickness.
Subsurface Exploration
Forty-five test pits were excavated. Debris was found as shallow as one foot below
ground surface and to depths of 4 to greater than17 feet. The landfill material was
mostly household and building debris, with lesser amounts of automotive-related and
ranching-related debris.
The condition of the waste material suggested very little leaching (by precipitation) or
degradation of the material had occurred since it was buried over 35 years ago. The
locations of the reported sewage disposal areas could not be definitely confirmed
during the investigation.
Fifty-eight (58) soil samples were field screened; the only field detections were minor.
Forty-three (43) soil samples were collected for laboratory analysis; samples were
, from above and below the landfill debris. Nine samples detected total petroleum
hydrocarbons (TPH). A few selected samples detected the following contaminants:
polynuclear aromatic hydrocarbons (PAHs), trace metals, and polychlorinated
biphenyls (PCBs). No volatile organic compounds (VOCs) or organochlorine
pesticides (OCPs) were detected in any of the soil samples.
Suspected asbestos-containing material (ACM) was observed in about half of the test
pits at depths as shallow as 2.5 feet. Bulk samples of various types of building
materials identified asbestos containing material (ACM) in sheet floor coverings,
cement asbestos board (CAB), felt paper insulation, air cell insulation, thermal board
liner and roofing material.
Landfill Gas Monitoring
Five landfill gas vapor probes were installed within the landfill debris area and were
monitored weekly for a period of four consecutive weeks. No significant measurable
accumulations of methane were detected in any of the probes or at the entrances of
the four 'caves' within the landfill debris area.
Evaluation of Results
A conceptual site model was generated that identifies the current land uses and
those planned in the future including residential, occupational and recreational land
use scenarios. Groundwater near the Tract is greater than 500 feet deep and used
for drinking water. The significant depth to groundwater, minimal leaching potential,
and the lack of evidence of industrial and septic waste encountered in the debris
area, suggest groundwater is unlikely to be impacted by the landfill debris.
Furthermore, a private community water supply is available to the surrounding area
and would likely be used for drinking water when the Tract is developed instead of
using many individual wells. The most likely current and future potential exposure
concerns are direct contact (ingestion, inhalation, dermal) with the contaminants.
t
I
I
i
Results Show Low Risk; Asbestos May Be a Long-Term Concern
Considering the likely future land uses with the test results, only two individual
samples contained contaminants that could exceed a long-term risk level under the
most conservative assumptions. These are likely to be handled by removal of the
debris in specific locations, use of engineering controls or placing conditions on future
development.
The presence of asbestos in several tests pit locations is a long-term risk if the
material is disturbed or reaches the surface where it can deteriorate and small
particles become airbome. The material was found at a shallow depth and is
considered a potential direct exposure concern. Additional measures will be required
to insure this material is not disturbed.
Recommendations
Short Term: Under the current uses of the site, PBS recommends:
• Place additional soil cover in areas where there is minimal cover over the
debris
• Conduct periodic monitoring of the landfill debris area for the presence of
visible asbestos material to verify this material is not present at the surface.
• Conduct additional monitoring of the gas vapor probes to verify the initial
results.
• Restrict access to caves in the landfill area to minimize direct contact with
debris and potential physical safety issues.
Long Term: Considering the conceptual master plan for the site, PBS recommends:
• Perform a cost-benefit analysis of removing debris compared with designing.
implementing and monitoring long-term engineering and institutional controls.
• Develop and implement a plan to remove debris from areas that will be
redeveloped with load bearing structures (i.e roadways, buildings).
• Obtain approval from Department of Environmental Quality (OEQ) that the
remaining debris does not pose a long-term risk to human health or the
environment for the future anticipated uses of the Tract.
• Obtain authorization from DEQ to implement any engineering or institutional
controls to maintain protective conditions over the Tract's remaining landfill
area.
For more information. please contact Nancy Pustis, Eastern Region Manager,
(541) 388-6112 or Clara Taylor, Project Manager (503) 986-5276.
Liz Fancher
From: Roger Sorine [rborine@bendbroadband .com]
Sent: Friday, August 31,201210:47 AM
To: Liz Fancher
Cc: mruby@newlandco.com
Subject: RE: Interpretation of NRCS Soil Type Ratings
Attachments: NIRR_LCC .pdf; IRR_LCCpdf.pdf EXHIBITB
Liz,
Note my brief answers to the questions in your text. Now an explanation:
A soil mapping unit is defined as a phase of a soil series + inclusions . Ex . Oeskamp (series) loamy sand, 0-3% slopes (phase) plus
inclusions of Gosney equals the map unit.
A soil phase is assigned a LCe. The mapping unit is assigned a LCC based on the dominant component of the mapping unit.
A map unit is a polygon on the landscape and within that polygon you should expect to find approximately what the MU description
states throughout the extent of the soil survey in a recurring pattern at the scale of mapping (defined in the soil survey's MOU at the
planning stage). The Deschutes survey was 1:24,000 and the same as a USGS quad . When you try to interpret at a different scale
(larger) and a different landform (tax lot) the accuracy is reduced.
From the NCR report: "Soil Surveys seldom contain detailed site specific information and are not designed to be used as primary
regulatory tools in permitting or citing decisions, but may be used as reference sources. NRCS maps soils at the landscape level. Land
use issues in Oregon are addressed by tax lots. Consequently, NRCS soil maps may be perfectly correct at the landscape level while a
tax lot may be, in part or entirely, a contrasting inclusion. An Order 1 soil survey is prudent to accurately define soils, mapping units,
and miscellaneous areas and accurately locate their boundaries. "
The perplexing problem is that OLCO considers a detailed evaluation a "challenge" to the survey, when in fact it is a new survey
based upon a different scale and landscape (tax lot). They are not using the survey as designed. OLCO and the counties are now
entering into an arena of trying to separate LCC 6 vs LCC 7 soils in a complex for land use decisions at the 1:24 scale without more
detailed on-site work .
In the S8C mapping unit you have a complex and in the MU description each component has a LCC assigned. Unfortunately, there
used to be a LCC assigned to the MU in the description, no longer. However, (see attached) are the printed maps from the web soil
survey for non-irrigated and irrigated LCC for NCR and you will see the dominant component is the assigned LCC for the MU.
When discussing, "based on NRCS mapping only" this information will hold true. I hope this helps, don't hesitate to ask.
Roger
--------~------------------
From: Liz Fancher [ mailto:Liz@lizfancher.coml
Sent: Thursday, August 30,20128:55 AM
To: Roger Borine
Cc: mruby@newlandco.com
Subject: Interpretation of NRCS Soil Type Ratings
Roger:
I am writing to ask how soils scientist classify soils, based on NRCS mapping only, when the soil is a complex. It has been
my understanding that the LCC (soil class) for a soil is set by its predominant soil type when NRCS maps are used to
determine the percentage of a property that fits within a soil classification. Is that correct? YES
• I
Is the 58C Gosney-Rock outcrop-Deskamp complex soil is an LCC Class 7 soil because 50% of the soil is listed as Gosney
and rock outcrop is 25% and Deskamp 20%? YES Or, must I calculate the approximate amount of the area mapped as
LCC Class 6 Deskamp and to determine the percentage of the property that is Class VI? NO In other words, is it correct
for me to say that 57.4% of the property is LCC Soil Class 6 if I am referring to data derived from the NRCS map YES or
should 20% of the area mapped Soil Type 58C be assumed to be Class 6 soil and be added to the 57.4% LCC 6 soils to
determine what percent of the property belongs in LCC 6? NO
Would the answer change if the majority of the soil or predominant soil type is Class 6 and the rest is Class 7 and 8? NO
Would you be able to break out the Class 7 and 8 soils that constitute less than 50% of the soil complex and say that
they are nonagricultural soils that help determine whether land is nonagricultural land NO or would you apply the LCC of
the predominant soil type to the entire area mapped as containing the complex? YES
Thank you,
Liz Fancher
541-385-3067 (telephone)
2
Paul Blikstad
From: TIm Berg
Sent: Tuesday, March 20, 2012 12:07 PM
To: Paul Blikstad
Subject: RE: Need a big favor asap
EXHIBITC
Paul,
Here are the numbers:
36A -2.06 Acres, .6%
38B -203.83 Acres, 56.1%
58C -153.13 Acres, 42.2%
157C -3.98 Acres, 1.1% lO;A .
Total-363 Acres
TIm
---Original Message----
From: Paul Blikstad
Sent: Tuesday, March 20, 2012 8:54 AM
To: Tim Berg
Subject: Need a big favor asap
Tim,
I have a hearing tonight on the DSL PA/ZC applications. I need area calculations for the soil types on 18-12, 1700, 1800
for that portion of these tax lots that extend from the eastem boundary of the underground gas pipeline to the west
property line, and also excluding that part of t 1800 that is north of Stevens Road (it's in the UGB). And I need it for
tonight's hearing.
Paul
Soil No. Soil type area Class 6 soils Class 7 soils Class 8 soils "Class 7/8
36A 2.06 acres 2.06 acres 0%
388 203.83 acres 101.91 acres 71.34 acres 35%
58C 153.13 acres 30.62 acres 76.56 acres 38.28 acres 75%
157C 3.98 acres 2.58 acres .79 acre .02%
363 acres 137.17 acres 147.9 acres 39.07 acres 51.5%
These calculations do not take into account the "contrasting inclusions, as there is no way to determine
what percentages of them there are. As calculated above, more than 50% of the property (exclusive of
contrasting inclusions) is class 7 and 8 soils.
SCANNED
MAY 28 2012