HomeMy WebLinkAboutLarge Lot Industrial Lands Project
MEMORANDUM
DATE: December 7, 2012
TO: Deschutes County Board of Commissioners
FROM: Peter Gutowsky, Principal Planner
RE: Central Oregon Large Lot Industrial Lands Project / Work Session / Public Hearing
The Deschutes County Board of Commissioners will be conducting a work session on December
17 at 10:00 a.m. to discuss the Central Oregon Large Lot Industrial Lands Project in preparation for
a forthcoming public hearing. The hearing is scheduled for January 7, 2013 at 10:00 a.m. The
following materials are attached with this memorandum:
o Central Oregon Large Lot Industrial Program Overview
o Central Oregon Large Lot Industrial Program Core Principles
o Central Oregon Large Lot Industrial Program Milestones
o Ordinance 2013-001
o Ordinance 2013-002
Exhibit A (Deschutes County Code 23.01.010, Introduction)
Exhibit B (Comprehensive Plan, Chapter 4, Urban Growth Management)
Exhibit C (Comprehensive Plan, Chapter 5, Supplemental Sections)
Exhibit D (Findings)
Central Oregon Large Lot Industrial Land Need Analysis
o Land Conservation and Development Commission Rulemaking
The text below provides an overview of this project.
REOA
Deschutes County received two Technical Assistance Grants from the Department of Land
Conservation and Development (DLCD) in 2010 to evaluate Central Oregon’s opportunities,
competitiveness, and ability to recruit new and locally grown firms requiring ne w large scale
development models. Johnson-Reid, LLC was selected from a pool of consultants to develop a
Regional Economic Opportunity Analysis (REOA). Over the course of eleven months, the REOA
went through several iterations with the assistance of a Regional Advisory Committee (RAC). The
RAC consisted of Central Oregon cities and counties, Johnson-Reid LLC, Business Oregon,
DLCD, Department of State Lands, Central Oregon Intergovernmental Council (COIC), 1,000
Friends of Oregon (1,000 Friends), Economic Development for Central Oregon (EDCO), Central
Oregon Association of Realtors and private area developers. The RAC met officially six times
before the REOA was finalized on May 31, 2011.
-2-
The REOA project aimed to determine if such an industrial land dem and exists in Central Oregon
and, if so, to identify the deficiency. The study attempted to document an unmet twenty year land
need for large lot industrial sites in the region. It also concluded that competing as a cohesive
region can allow Central Oregon to market a larger available work force, the size of which is often
a key locational criterion for firms. While geographically separate, the jurisdictions in the region
function in a manner similar to other metropolitan areas like Reno and Salt Lake Cit y, which often
share boundaries. According to the REOA, the shared economic function within Central Oregon
supports a regional approach to economic development, particularly with respect to large traded
sector industries.
APPEAL
Deschutes County exercised its statutory coordinating authority (ORS 195.025) to address this
unmet regional need for large-lot industrial sites through Ordinance 2011-017. New
comprehensive plan policies and the REOA provided the policy framework for designating lands
among coordinating jurisdictions in a mutually agreed proportion. Ordinance 2011-017 attempted
to integrate comprehensive plans between the County and its respective cities by encouraging
them to address a short and long-term specialized employment land need. Ordinance 2011-017
was adopted by the Board of County Commissioners on November 30 2011, but was appealed to
the Land Use Board of Appeals by 1,000 Friends of Oregon last December.
SETTLEMENT
The appeal however, was stayed in early 2012 to allow Deschutes County, the Governor’s Office,
and 1,000 Friends to explore a settlement. Spanning three months, a settlement was ultimately
reached in April 2012. The settlement consisted of an agreement that the technical document
produced would not be called an Economic Opportunity Analysis (EOA) as that term is understood
in Oregon land use law. 1000 Friends agreed that the region has a need for up to nine large
industrial lots in Central Oregon and the parties agreed upon policy principles guiding how those
sites could be incorporated into existing UGBs. The settlement consisted of policy concepts
focusing entirely on Central Oregon’s short-term need for large-lot industrial sites as well as a
commitment from DLCD to initiate rule-making later in the summer.
RULEMAKING
After receiving support from a Central Oregon Large Industrial Lot Rules Advisory Committee
which met four times over the summer, a draft was forwarded to LCDC for their consideration. A
public hearing conducted by a LCDC hearings officer was held in Redmond on September 27,
2012, followed by a hearing with the full commission on November 15, 2012 in McMinnville. LCDC
adopted the rules to Oregon Administrative Rules (OARs) Chapter 660-024 on November 15. They
become effective on December 10.
PLAN AMENDMENT
Deschutes County’s plan amendment provides the policy framework for the tri-county region to
coordinate as a single entity promoting large-lot industrial employments sites that best serve the
region as a whole to create family wage jobs, region economic diversification and place Central
Oregon on the map for regional, national and international industrial recruitment. Upon adoption,
Crook and Jefferson counties will adopt a similar amendment to their comprehensive plans. Once
all three counties complete their plan amendments, municipalities in the region will be able rely on
the Central Oregon Large Lot Industrial Land Need Analysis to address the short -term need for
large-lot industrial sites.
Central Orelon Large Lot Industrial Progra m
December 17, 2012
In 2008, the Oregon Economic
and Community Development
Department's (now Bus i ness
Oregon) industrial lands specialist
Bev Thacker stated i n a letter,
"Large, ready to go industrial
sites have been the state's most
significant development
challenge and one of the most
noticeable changes in real estate
trends in [the] last few years ."
She specifically identified a
statewide need of industrial
lands of 100-200 acres i n size.
Economic Development for
Central Oregon (EDCO) also
identified similar challenges for
the tri-county (Deschutes,
Jefferson and Crook) region.
Executive Director Roger Lee and
others have repeatedly stated
-Madras
La Pine
--.--
that site selectors often will not even visit the region if only one or two sites are
available . The arrival of Facebook and Apple, while unique in many regards, has put
Central Oregon on the i nternational map for data centers among other potential large lot
employers . However, the region lacks a supply of sites and cities' traditional Economic
Opportunity Analyses (EOAs) do not account for such a land demand.
This project aimed to determine if such a land demand exists in Central Oregon and , if
so, to identify the deficiency. A Regional Economic Opportunity Analysis (REOA)
attempted to document an unmet 20-year land need for large lot industrial sites in the
region. On November 28, 2011 Deschutes County adopted a Comprehensive Plan
amendment to officially recognize the REOA as a technical study, and a series of pol i cies
that establish the legal basis to encourage cities to address this unmet employment land
need as well as a planning framework for creating a regional entity to oversee the
program . The amendment was appealed by 1,000 Friends of Oregon to the Land Use
Board of Appeals . However, a settlement was reached in April 2012 with the assistance
of the Governor's office, Department of Land Conservation and Development (DLCD),
and members of a Regional Advisory Committee (RAC). It focused entirely on the short
term need for large-lot industrial sites as well as a commitment from the Oregon
Department of Land Conservation and Development (DLCD) to initiate rule-making .
Below is a summary of the legal basis for the Central Oregon Large Lot Industrial Project
and its accomplishments to date .
1. NEW ADMINISTRATIVE RULES I OAR DIVISION 24.
The Land Conservation and Development Comm iss ion (LCDC) adopted
administrative rules (OAR 660 -0024-0040 and 660 -024-0045) in November 2012
tailored to Central Oregon's short-term need for large lot industrial sites . The rules
allow cities in the tri-county region to utilize a regional large lot industrial land need
analysis, largely taken from the REOA, as the justification. The rules, which became
effective on December 10, 2012 recognize a need for six 50+ acres sites and up to
three for replen ishment. They also address how cities may amend their Urban
Growth Boundaries (UGB), thereby providing a clear legal framework for Central
Oregon to address a known land use deficiency.
NEW REGIONAL APPROACH
1 . Two DLCD Techn ical Ass i stance (TA)
Grants funded :
a) $50,000 .00 for a technical study to
determine a reg i onal land need not
currently recognized in existing City
EOAs (Phase 1, 2009-2011).
b) $25,500 .00 for Regional Governance
Approaches , Site Suitability
Characteristics , Model Large Lot
Industrial Overlay Zone (Phase 1 ,
2009 -2011).
c) $35,000 .00 to establish regional
authority with COIC (Phase 2, 2011
2013).
2 . Deschutes County created a Regional
Advisory Committee to oversee the
project. Members included: cities,
counties, EDCO, COIC , 1000 Friends of
Oregon, Central Oregon Realtors
Association, DLCD , DSL and Business
Oregon .
3 . RAC hired Johnson Reid LLC, consultant
team, with expert ise in real estate
development and land use economics.
4. New regional approach addresses the
recent demand of large-lot employers
and rapidly growing industries that are
building production and research
capabilities to establish global scale .
5 . Land Conservation and Development
Commission (LCDC) adopted rules in
November 2012 ta i lored to Central
Oregon's short -term need for large lot
industrial sites.
6. Deschutes County is now exercising its
statutory coordinating authority (ORS
195 .025) to address this short -term
unmet regional need for large-lot
industrial sites. It assures an integrated
comprehensive plan between the
County and its respective cities by
encouraging them to address it.
7 . Deschutes County is also voluntarily
coordinating with Crook and Jefferson
Counties and their respective cities as
authorized in ORS 190.003-190.620 to
exercise their coordination authority
with parallel plan amendments .
2. CENTRAL OREGON LARGE LOT INDUSTRIAL LAND NEED ANALYSIS.
The County can now demonstrate that the evidentiary record and findings support
a regional approach to large-lot industrial siting and that it is consistent with
Oregon's Land Use Program. The "Analysis" documents an unmet short-term need
for large-lot industrial sites, 50-acres or larger in tri-county area with:
o National, state and local economic trends and conditions
o Large-lot industry trends, dynamics, opportunities, and site needs
o Local objectives and their respective strengths and challenges
o Business Oregon data
o Expert opinion by Johnson-Reid LLC, EDCO, and others
The "Analysis" recognizes that a readily available and developable inventory of six
large sites in at least three separate jurisdictions will provide for choice to
prospective industries or site selectors.
3. LAND DEMAND.
Economic development focuses on short-term, 5-year time frames. This program
does the same. The table below shows the short-term large lot industrial inventory
for Central Oregon. The minimum site is between 50-100 acres. The largest one, a
200+ acre site needs to be near the region's geographic and workforce center in
either Bend or Redmond.
Recommended Competitive Short-term Large Lot Industria/Inventory
50-100 acres 100-200 acres 200 + acres TOTAL
SHORT-TERM
# of Sites 3 2 1 6
Jurisdictions 3 2 1
4. CENTRAL OREGON'S COMPETITIVENESS.
Competing as a cohesive region allows Central Oregon to market a larger available
work force, the size of which is often a key locational criterion for firms. While
geographically separate, the jurisdictions in the region function in a manner similar
to other metropolitan areas, which often share boundaries. The shared economic
function within Central Oregon supports a regional approach to economic
development, particularly with respect to large traded sector industries.
5. REGIONAL AUTHORITY.
The Central Oregon Intergovernmental Council (COIC) as the beneficiary of a DLCD
TA Grant has formalized their organization as the regional authority to organize,
coordinate and promote large-lot industrial strategy.
6. SITE-NEED CHARACTERISTICS.
Physical: 50 acres or above. Flat slopes. Rectangular sites.
Transportation: accessible or in close proximity to auto/truck, rail and air service.
Utilities: water, sewer, natural gas, electricity/power, telecommunications.
Location: acceptable distance to work force.
Special considerations: willing property owner to sell at market consistent price and
participate in infrastructure investments to support the development.
7. IMPLEMENTATION NEXT STEPS.
(1) Adoption of Deschutes County's Comprehensive Plan amendment.
(2) Jefferson and Crook Counties adopt similar plan amendments.
(3) COIC finalizes Intergovernmental Agreements with Central Oregon cities and
counties.
(4) Cities comply with new administrative rules and the statewide planning program
requirements to change land designations for large lot employment sites, and
collaborate with willing property owners.
(5) Cities adopt plan amendments and Large Lot Overlay Zone.
(6) EDCO markets the region's short-term supply of vacant, developable sites.
COMPREHENSIVE PLAN
AMENDMENT
GOAL
• To build a strong and thriving
regional economy by coordinating
public investments, policies and
regulations to support regional and
state economic development
objectives in Central Oregon.
POLICIES (abbreviated)
• Deschutes County supports a multi
jurisdictional cooperative effort to
pursue a regional approach to
establish a short-term supply of sites
particularly designed to address out
of-region industries that may locate
in Central Oregon.
• Deschutes County recognizes the
importance of maintaining a large-lot
industrial land supply that is readily
developable in Central Oregon.
• The Central Oregon Regional Large
Lot Industrial Land Need Analysis
("Analysis"), adopted by Ordinance
2013-002 is incorporated by
reference herein.
• Within 6 months of the adoption of
[Deschutes County] Ordinance 2013
002, in coordination with the
participating local governments in
Central Oregon, Deschutes County
shall, execute an intergovernmental
agreement with the Central Oregon
Intergovernmental Council that
specifies the process of allocation of
large lot industrial sites among the
participating local governments.
• In accordance with OAR 660-024-004
and 0045, Deschutes County, fulfilling
coordination duties specified in ORS
195.025, shall approve and update its
comprehensive plan when
participating cities within their
jurisdiction legislatively or through a
quasi-judicial process designate
regionally significant sites.
Central Oregon Large-Lot Industrial Program
Core Principles
Central Oregon Large-Lot
Industrial Land Need
Analysis
Central Oregon Large Lot Industrial
Land Need Analysis (Analysis)
provides the factual basis for
designating large-lot industrial sites
among coordinating jurisdictions
Documents an unmet short-term
need for large-lot industrial sites, 50-
acres or larger in tri-county area with:
National, state and local economic
trends and conditions
Large-lot industry trends, dynamics,
opportunities, and site needs
Local objectives and strengths and
challenges
Business Oregon data
Expert opinion by Johnson-Reid LLC,
EDCO, and others
Recognizes short-term demand of
competitive and diverse vacant,
developable industrial is needed for
site selectors representing industrial
recruitment to consider the region.
A readily available and developable
inventory of six large sites in at least
three separate jurisdictions will
provide for choice to prospective
industries or site selectors
Recommends Competitive Short-
Term Large Lot Industrial Inventory
means:
Three 50-100 acre sites
Two 100-200 acre sites
One 200+ acre site
Regional Partnerships
Identifying and
implementing a program to
create a short term large-lot
land supply that enables
Central Oregon to compete
for industrial recruitment is a
policy the Board of County
Commissioners is choosing
to pursue
Deschutes County, through
new OARs and its governing
body, is exercising its
statutory coordinating
authority (ORS 195.025) to
address an unmet short term
regional need for large-lot
industrial sites
The new OARs and the
County’s authority assure
there is an integrated
comprehensive plan
between the County and its
respective cities by
encouraging them to address
a short-term specialized
employment land need.
Deschutes County also
voluntarily coordinating with
Crook and Jefferson Counties
and their respective cities as
authorized in ORS 190.003-
190.620 to exercise their
coordination authority with
parallel plan amendments
Coordination Authority
Rule-making clarifies issues
regarding a regional need for
short term supply of large-lot
industrial sites in Central
Oregon
Rules define regional large lot
industrial site and “Analysis”
that determines the regional
large lot industrial land need
in Central Oregon
Rules recognize that Analysis
may demonstrate a need for
six sites and up to three for
replenishment. Original six
sites include:
Three 50-100 acre sites
Two 100-200 acre sites
One 200+ acre site
Rule requires city and
counties to sign IGA with COIC
Rule requires participating city
to apply regional large-lot
industrial overlay zone to
protect large lot purposes
Rules address how cities may
amend their UGB to
accommodate a short term
need for large-lot industrial
sites
Rule-making adopted by LCDC
in November, effective
December 10, 2012
Plan Policies and
Regional Governance
Deschutes County large-lot
industrial policies:
Support multi-jurisdictional
cooperative effort to pursue
a regional approach to
establish a short-term
supply of large lot industrial
sites
Adopt Analysis by reference
Specify that 6 months of
adoption, cities and
counties shall execute an
IGA with COIC
Recognize that the County
will fulfill its coordination
duties by approving and
updating its comprehensive
plan when participating
cities within their
jurisdiction designate
regionally significant
industrial sites
COIC adopted Resolution
#243 to establish their role
as governance authority for
Regional Large Lot Industrial
Program
COIC currently coordinating
with Central Oregon cities
and counties to finalize IGA
and Site Proposal Process
LCDC Rule-Making
3 DLCD Technical
Assistance (TA) Grants
funded:
$50,000 for a technical
study to determine a
regional land need not
currently recognized in
existing City EOAs
$25,500 for Regional
Governance Approaches,
Site Suitability
Characteristics, Model
Large Lot Industrial
Overlay Zone
$35,000 to establish
regional authority with
COIC
A Regional Advisory
Committee created to
oversee the project.
Members included:
cities, counties, EDCO,
COIC, 1000 Friends of
Oregon, Central Oregon
Realtors Association,
DLCD, DSL and Business
Oregon
11 interveners support
Deschutes County’s 2011
REOA / Plan
Amendment, 2012
settlement with 1K
Friends, LCDC rule-
making and 2013 Plan
Amendment
Mar. 2008
OECDD
identifies
statewide
need for
large
industrial
lots.
Recognizes
global
business
trends
have
emerged
as key
elements
of
Oregon’s
economy
Jan. 2007
LCDC
amends
OAR 660
Division 9,
enabling
cities and
counties to
coordinate
REOAs and
to
designate
lands
among
juris-
dictions in
a mutually
agreed
upon
proportion
Jan. 2010
DLCD
awards
$50,000
grant to
conduct
Regional
EOA. April
14, 2008
DLCD
technical
memo
regarding
7 elements
of EOA
provides
primary
guidance
May 2010
County
hires
Johnson
Reid, LLC, a
team
noted for
expertise
in real
estate and
land use
economics,
to perform
REOA
June 2010
County
convenes
Regional
Advisory
Committee;
members
include CO
cities &
counties,
state
agencies
(DSL,
Business
OR, DLCD),
EDCO, La
Pine
Industrial
Group,
realtors,
developers,
and 1.000
Friends.
RAC meets
7 times
Milestones
June 2010
Redmond
hosts
Central
Oregon
Industrial
Lands
Forum with
RAC,
economic
and land
use experts,
state
agency
staff, and
elected
officials.
EDCO,
Business
OR, Iron
Wolf Comm
Res, and
Johnson
Reid
present
Jan. 2011
DLCD
awards
second
grant of
$25,500 to
describe
options to
regional
gover-
nance incl.
a preferred
approach;
draft UGB
findings
and
scheduling
approach
for
bringing in
sites; and a
model LLI
ordinance
Apr. 2011
1,000
Friends in
sub-
committee
testimony
opposing
SB 792,
states
their work
with
interests in
Central
Oregon on
the REOA
and their
support for
it. Stresses
existing
law
supports
regional
economic
planning
May 2011
Deschutes
County
hosts
Central
Oregon
Regional
Forum.
REOA
results are
shared
with
elected
officials
and RAC
and next
steps for
implemen-
tation
Central Oregon Regional Large-Lot Industrial Land
Program
May 2011
REOA is
finalized.
Examples
of local
gov’t pro-
actively
planning
for indust
dev. cited.
Technical
appendix
bolstered
based on
concerns
from 1K
Friends
May letter.
EDCO,
Business
Oregon,
Johnson
Reid, LLC
respond to
it.
June 2011
Deschutes
County
completes
the two
DLCD TA
grants and
initiates
legislative
amend-
ments
adopting
REOA and
plan
policies
into Comp
Plan
Aug. 2011
County PC
conducts
two public
hearings
and rec-
ommends
adoption.
1 K Friends
raises
objections.
Sept. 2011
Board holds
public
hearing,
continuing
it for 30
days to
October 31.
Oct. 2011
Board w/
financial
support
from CO
partners,
contracts
w/ Johnson
Reid for
$2,500 to
respond to
1K’s issues.
At 10/31
hearing,
expert
testimony
provided by
EDCO,
Business
OR, Johnson
Reid , La
Pine Indus.
Group,
Redmond
Econ. Dev.
Nov. 2011
Board
exercises
statutory
coordi-
nation
authority
and
unanimous
-ly adopts
REOA and
plan
policies.
The
findings
encompass
62 pages
and
contain 94
footnotes
citing
among
others,
evidence
in record
Dec. 2011
1 K Friends
files a
Notice of
Intent to
Appeal to
LUBA
Milestones
Jan. 2012
Crook
County,
Cities of
Bend,
Redmond,
La Pine,
Prineville,
& Madras,
EDCO, CO
Assoc. of
Realtors,
DSL,
Business
OR, &
DLCD
submit
motions to
intervene.
LCDC
formally
approves
DLCD
interven-
ing - 1/27
Feb. 2012
DLCD
awards
third grant
of $35,841
to Central
Oregon
Intergov-
ernmental
Council to
formalize a
regional
mngmt
structure
and
identify
large-lot
industrial
candidate
sites
Central Oregon Regional Large-Lot Industrial Land
Program
Feb. 2012
Deschutes
County,
DLCD, 1K
Friends
and
Richard
Whitman
meet in
Salem to
discuss the
possibility
of a
settlement
Mar. 2012
Deschutes
County
conducts
two more
meetings
with the
1K, DLCD,
and
Whitman.
DLCD
commits to
narrow
rule
making. 1K
Friends
supports
settlement
based on
short-term
supply of
sites.
Apr. 2012
Deschutes
County
convenes
the RAC to
determine
if there’s
consensus
for the
settlement
approach
Milestones
Mar. 2012
Deschutes
County
meets with
RAC to
discuss
settlement
option
Apr. 2012
Deschutes
County,
with the
support of
its Central
Oregon
partners,
Governor’s
Office and
DLCD,
negotiates
settlement
with 1,000
Friends
May 2012
DLCD begins
initiating
narrow rule-
making for
Central
Oregon;
COIC
discusses
regional
governance
phase of the
project
June 2012
DLCD
convenes a
rule-making
committee
composed
of city,
county, and
1K Friends
and holds
its first
meeting
July 2012
DLCD
convenes
second and
third rule-
making
committee
meeting and
on the third,
reaches
agreement
on rule
content and
approach
Central Oregon Regional Large-Lot Industrial Land
Program
June 2012
COIC adopts
Resolution
#243 to
establish
their role as
governance
authority
for Regional
Large Lot
Industrial
Program
Sep. 2012
LCDC
Hearing
Officer
takes
testimony
on the
draft rules
in
Redmond.
COIC,
Deschutes
County
and 1K
Friends
support
rule-
making (1K
Friends
(rec’d
minor
edits)
Oct. 2012
Deschutes
County
drafts Plan
policies,
findings,
and new
Large-lot
Industrial
Land Need
Analysis
(taken
from
REOA) and
circulates
to the RAC
for
comment.
1K Friends
responds
with
concerns
about
Analysis
Nov. 2012
Deschutes
County
meets with
cities,
counties,
EDCO,
DLCD, DSL,
and COAR
and
receives
support for
final
version of
Analysis,
findings,
and draft
policies.
Sub-group
of
attorneys
reach out
to 1K
Friends
Milestones
Nov. 2012
LCDC holds
hearing
and adopts
on OARs
tailored for
Central
Oregon
Large-Lot
Industrial
Land Need.
Rules
became
effective
on
December
10, 2012.
Dec. 2012
Planning
Commission
holds work
session on
draft
policies,
findings,
and
Analysis.
BOCC
conducts a
work
session to
prepare for
January
hearing
Next Steps
1.Crook and Jefferson
counties initiate
amendments to adopt
Analysis and regional
industrial land policies into
their own Comp Plan.
2.Central Oregon cities and
counties sign IGA with COIC
3.Central Oregon cities
coordinate with COIC and
upon receiving their
support, initiate plan
amendments to entitle
regional large-lot industrial
sites
Central Oregon Regional Large-Lot Industrial Land
Program
Aug. 2012
DLCD
convenes its
fourth and
last rule-
making
committee
meeting
and reaches
consensus
on the draft
rule
Jan. 2013
Board
conducts a
hearing and
adopts
policies,
findings,
and Analysis
into Comp
Plan.
III
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance repealing Ordinance 2011-017, * ORDINANCE NO. 2013-001 and Declaring an Emergency. *
WHEREAS, on November 30,2011, the Board of County Commissioners ("Board") adopted Ordinance
2011-017 to amend Title 23 of the Deschutes County Comprehensive Plan to adopt a Regional Economic
Opportunity Analysis and Regional Large-Lot Industrial Land Policies for Central Oregon; and
WHEREAS, the 1,000 Friends of Oregon ("1,000 Friends") submitted a Notice of Intent to Appeal
Ordinance 2011-O17 to the Land Use Board of Appeals on December 21, 2011 (1000 Friends of Oregon v.
Deschutes County, LUBA No. 2011-121); and
WHEREAS, Deschutes County, 1,000 Friends, the Governor's Office and Oregon Department of Land
Conservation and Development ("DLCD") reached a settlement on April 30, 2012; and
WHEREAS, in order to complete the tasks agreed to in the settlement, Ordinance 2011-017 must be
repealed and a new ordinance adopted, which is Ordinance 2013-002, adopted contemporaneously with this
ordinance; and
WHEREAS, the Deschutes County Planning Commission reviewed this ordinance at a work session on
December 13, 2012 and, on that same date, forwarded to the Board a recommendation to repeal Ordinance No.
2011-017; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on January 7, 2013,
and on that same date, concluded that the public will benefit from the repeal of Ordinance No. 2011-017; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section I. REPEALED. Ordinance 2011-017 is hereby repealed in its entirety.
PAGE 1 OF 2 -ORDINANCE NO. 2013-00 1
Section 2. EMERGENCY. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
Dated this ____ of __...__,2013 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DeBONE, Chair
ALAN UNGER, Vice Chair
ATTEST:
Recording Secretary TAMMY BANEY, Commissioner
Date of 1st Reading: __day of _____, 2013.
Date of 2 nd Reading: ~_day of ___ ,2013.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Anthony DeBone
Alan Unger
Tammy Baney
Effective date: ___ day of _____, 2013. I
{
r
I t
f
i
l r
t
f
!I
fPAGE 2 OF 2 -ORDINANCE NO. 2013-001
I
f
t
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Adopting a Central Oregon Large-Lot *
Industrial Land Need Analysis and Amending the *
Deschutes County Comprehensive Plan to Include * ORDINANCE NO. 2013-002
Regional Large-Lot Industrial Land Policies for *
Central Oregon and Declaring an Emergency. *
WHEREAS, staff initiated this ordinance pursuant to the April 30, 2012 agreement between Deschutes
County, 1,000 Friends, the Governor's Office and Oregon Department of Land Conservation and Development
("DLCD") in settlement of J000 Friends of Oregon v. Deschutes County, LUBA No. 2011-121, as outlined in
Exhibit 0, attached and incorporated by reference herein; and
WHEREAS, the Deschutes County Planning Commission reviewed this ordinance at a work session on
December 13,2012 and, on that same date, forwarded to the Board a recommendation of approval; and
WHEREAS, the Board of County Commissioners considered this matter after a duly noticed public
hearing on January 7, 2013, and on that same date finds it in the public interest to adopt a Central Oregon Large
Lot Industrial Land Needs Analysis and corresponding regional large-lot industrial land policies into the
Comprehensive Plan; and
WHEREAS, because three years have passed since the project to create and adopt regional large lot
industrial land policies began, these new policies could provide a dramatic improvement in the Central Oregon
economic situation such that a delay in the effective date could considerably delay the region's ability to take
advantage ofthese new policies; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. Deschutes County Code 23.01.010, Introduction, is amended to read as
described in Exhibit "A," attached and incorporated by reference herein, with new language underlined and
deleted language set forth in strili'ethrol:lgh.
Section 2. AMENDMENT. The Deschutes County Comprehensive Plan, Chapter 4, Urban Growth
Management, is amended to read as described in Exhibit "B," attached hereto and by this reference incorporated
herein, with new language underlined and language to be deleted in strikethrough.
Section 3. AMENDMENT. The Deschutes County Comprehensive Plan, Chapter 5, Supplemental
Sections, is amended to read as described in Exhibit "C," attached hereto and by this reference incorporated
herein, with new language underlined and language to be deleted in strikethrough.
PAGE I OF 2 -ORDINANCE NO. 2013-002
Section 4. FINDINGS. The Board adopts as its findings Exhibit "D," attached and incorporated by
reference herein.
Section 5. EMERGENCY. ,This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
Dated this ___of ____-", 2013 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DeBONE, Chair
ALAN UNGER, Vice Chair
ATTEST:
Recording Secretary TAMMY BANEY, Commissioner
Date of 15t Reading: day _____,2013.
Date of 2nd Reading: __day of _____, 2013.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Anthony DeBone
Alan Unger
Tammy Baney
Effective date: __day of ____-:>, 2013.
PAGE 2 OF 2 -ORDINANCE NO. 2013-002
Chapter 23.01 COMPREHENSIVE PLAN
23.01.010. Introduction.
A. The Deschutes County Comprehensive Plan, adopted by the Board in Ordinance 2011-003 and
found on the Deschutes County Community Development Department website, is incorporated by
reference herein.
B. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2011-027, are incorporated by reference herein.
C. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-005, are incorporated by reference herein.
D. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-012, are incorporated by reference herein.
E. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-016, are incorporated by reference herein.
The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-002, are incorporated by reference herein.
(Ord. 2013-002 §l. 2013; Ord. 2012-016 §l, 2012; Ord. 2012-013 §1, 2012; Ord. 2012-005 §l, 2012;
Ord. 2011-027 § 1 through ] 2, 2011; Ord.20 11-003 §3, 2011 )
1
i
~
I
I
Page 1 of 1 -EXHIBIT "A" TO ORDINANCE 2013-002
Bend
Redmond Sisters
Madras
Prineville
La Pine
December 17, 2012
In 2008, the Oregon Economic
and Community Development
Department’s (now Business
Oregon) industrial lands specialist
Bev Thacker stated in a letter,
“Large, ready to go industrial
sites have been the state’s most
significant development
challenge and one of the most
noticeable changes in real estate
trends in [the] last few years.”
She specifically identified a
statewide need of industrial
lands of 100-200 acres in size.
Economic Development for
Central Oregon (EDCO) also
identified similar challenges for
the tri-county (Deschutes,
Jefferson and Crook) region.
Executive Director Roger Lee and
others have repeatedly stated
that site selectors often will not even visit the region if only one or two sites are
available. The arrival of Facebook and Apple, while unique in many regards, has put
Central Oregon on the international map for data centers among other potential large lot
employers. However, the region lacks a supply of sites and cities’ traditional Economic
Opportunity Analyses (EOAs) do not account for such a land demand.
This project aimed to determine if such a land demand exists in Central Oregon and, if
so, to identify the deficiency. A Regional Economic Opportunity Analysis (REOA)
attempted to document an unmet 20-year land need for large lot industrial sites in the
region. On November 28, 2011 Deschutes County adopted a Comprehensive Plan
amendment to officially recognize the REOA as a technical study, and a series of policies
that establish the legal basis to encourage cities to address this unmet employment land
need as well as a planning framework for creating a regional entity to oversee the
program. The amendment was appealed by 1,000 Friends of Oregon to the Land Use
Board of Appeals. However, a settlement was reached in April 2012 with the assistance
of the Governor’s office, Department of Land Conservation and Development (DLCD),
and members of a Regional Advisory Committee (RAC). It focused entirely on the short-
term need for large-lot industrial sites as well as a commitment from the Oregon
Department of Land Conservation and Development (DLCD) to initiate rule -making.
Below is a summary of the legal basis for the Central Oregon Large Lot Industrial Project
and its accomplishments to date.
1. NEW ADMINISTRATIVE RULES / OAR DIVISION 24.
The Land Conservation and Development Commission (LCDC) adopted
administrative rules (OAR 660-0024-0040 and 660-024-0045) in November 2012
tailored to Central Oregon’s short-term need for large lot industrial sites. The rules
allow cities in the tri-county region to utilize a regional large lot industrial land need
analysis, largely taken from the REOA, as the justification. The rules, which became
effective on December 10, 2012 recognize a need for six 50+ acres sites and up to
three for replenishment. They also address how cities may amend their Urban
Growth Boundaries (UGB), thereby providing a clear legal framework for Central
Oregon to address a known land use deficiency.
Central Oregon Large Lot Industrial Program
NNEEWW RREEGGIIOONNAALL AAPPPPRROOAACCHH
1. Two DLCD Technical Assistance (TA)
Grants funded:
a) $50,000.00 for a technical study to
determine a regional land need not
currently recognized in existing City
EOAs (Phase 1, 2009-2011).
b) $25,500.00 for Regional Governance
Approaches, Site Suitability
Characteristics, Model Large Lot
Industrial Overlay Zone (Phase 1,
2009-2011).
c) $35,000.00 to establish regional
authority with COIC (Phase 2, 2011-
2013).
2. Deschutes County created a Regional
Advisory Committee to oversee the
project. Members included: cities,
counties, EDCO, COIC, 1000 Friends of
Oregon, Central Oregon Realtors
Association, DLCD, DSL and Business
Oregon.
3. RAC hired Johnson Reid LLC, consultant
team, with expertise in real estate
development and land use economics.
4. New regional approach addresses the
recent demand of large-lot employers
and rapidly growing industries that are
building production and research
capabilities to establish global scale.
5. Land Conservation and Development
Commission (LCDC) adopted rules in
November 2012 tailored to Central
Oregon’s short-term need for large lot
industrial sites.
6. Deschutes County is now exercising its
statutory coordinating authority (ORS
195.025) to address this short-term
unmet regional need for large-lot
industrial sites. It assures an integrated
comprehensive plan between the
County and its respective cities by
encouraging them to address it.
7. Deschutes County is also voluntarily
coordinating with Crook and Jefferson
Counties and their respective cities as
authorized in ORS 190.003- 190.620 to
exercise their coordination authority
with parallel plan amendments.
2. CENTRAL OREGON LARGE LOT INDUSTRIAL LAND NEED ANALYSIS.
The County can now demonstrate that the evidentiary record and findings support
a regional approach to large-lot industrial siting and that it is consistent with
Oregon’s Land Use Program. The “Analysis” d ocuments an unmet short-term need
for large-lot industrial sites, 50-acres or larger in tri-county area with:
o National, state and local economic trends and conditions
o Large-lot industry trends, dynamics, opportunities, and site needs
o Local objectives and their respective strengths and challenges
o Business Oregon data
o Expert opinion by Johnson-Reid LLC, EDCO, and others
The “Analysis” recognizes that a readily available and developable inventory of six
large sites in at least three separate jurisdictions will provide for choice to
prospective industries or site selectors.
3. LAND DEMAND.
Economic development focuses on short-term, 5-year time frames. This program
does the same. The table below shows the short-term large lot industrial inventory
for Central Oregon. The minimum site is between 50-100 acres. The largest one, a
200+ acre site needs to be near the region’s geographic and workforce center in
either Bend or Redmond.
Recommended Competitive Short-term Large Lot Industrial Inventory
50-100 acres 100-200 acres 200 + acres TOTAL
SHORT-TERM
# of Sites 3 2 1 6
Jurisdictions 3 2 1
4. CENTRAL OREGON’S COMPETITIVENESS.
Competing as a cohesive region allows Central Oregon to market a larger available
work force, the size of which is often a key locational criterion for firms. While
geographically separate, the jurisdictions in the region function in a manner similar
to other metropolitan areas, which often share boundaries. The shared economic
function within Central Oregon supports a regional approach to economic
development, particularly with respect to large traded sector industries.
5. REGIONAL AUTHORITY.
The Central Oregon Intergovernmental Council (COIC) as the beneficiary of a DLCD
TA Grant has formalized their organization as the regional authority to organize,
coordinate and promote large-lot industrial strategy.
6. SITE-NEED CHARACTERISTICS.
Physical: 50 acres or above. Flat slopes. Rectangular sites.
Transportation: accessible or in close proximity to auto/truck, rail and air service.
Utilities: water, sewer, natural gas, electricity/power, telecommunications.
Location: acceptable distance to work force.
Special considerations: willing property owner to sell at market consistent price and
participate in infrastructure investments to support the development.
7. IMPLEMENTATION NEXT STEPS.
(1) Adoption of Deschutes County’s Comprehensive Plan amendment.
(2) Jefferson and Crook Counties adopt similar plan amendments.
(3) COIC finalizes Intergovernmental Agreements with Central Oregon cities and
counties.
(4) Cities comply with new administrative rules and the statewide planning program
requirements to change land designations for large lot employment sites, and
collaborate with willing property owners.
(5) Cities adopt plan amendments and Large Lot Overlay Zone.
(6) EDCO markets the region’s short-term supply of vacant, developable sites.
COMPREHENSIVE PLAN
AMENDMENT
GOAL
To build a strong and thriving
regional economy by coordinating
public investments, policies and
regulations to support regional and
state economic development
objectives in Central Oregon.
POLICIES (abbreviated)
Deschutes County supports a multi-
jurisdictional cooperative effort to
pursue a regional approach to
establish a short-term supply of sites
particularly designed to address out-
of-region industries that may locate
in Central Oregon.
Deschutes County recognizes the
importance of maintaining a large-lot
industrial land supply that is readily
developable in Central Oregon.
The Central Oregon Regional Large
Lot Industrial Land Need Analysis
(“Analysis”), adopted by Ordinance
2013-002 is incorporated by
reference herein.
Within 6 months of the adoption of
[Deschutes County] Ordinance 2013-
002, in coordination with the
participating local governments in
Central Oregon, Deschutes County
shall, execute an intergovernmental
agreement with the Central Oregon
Intergovernmental Council that
specifies the process of allocation of
large lot industrial sites among the
participating local governments.
In accordance with OAR 660-024-004
and 0045, Deschutes County, fulfilling
coordination duties specified in ORS
195.025, shall approve and update its
comprehensive plan when
participating cities within their
jurisdiction legislatively or through a
quasi-judicial process designate
regionally significant sites.
Page 1 of 1 – EXHIBIT “A” TO ORDINANCE 2013-002
Chapter 23.01 COMPREHENSIVE PLAN
23.01.010. Introduction.
A. The Deschutes County Comprehensive Plan, adopted by the Board in Ordinance 2011-003 and
found on the Deschutes County Community Development Department website, is incorporated by
reference herein.
B. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2011-027, are incorporated by reference herein.
C. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-005, are incorporated by reference herein.
D. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-012, are incorporated by reference herein.
E. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-016, are incorporated by reference herein.
F. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-002, are incorporated by reference herein.
(Ord. 2013-002 §1, 2013; Ord. 2012-016 §1, 2012; Ord. 2012-013 §1, 2012; Ord. 2012-005 §1, 2012;
Ord. 2011-027 §1 through 12, 2011; Ord.2011-003 §3, 2011)
DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 1
CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION
PAGE 1 OF 9 – EXHIBIT “B” TO ORDINANCE 2013-002
Background
This section describes the coordination between the County and the cities of Bend, La Pine,
Redmond and Sisters on Urban Growth Boundaries (UGBs) and Urban Reserve Areas (URAs).
Statewide Planning Goal 2 recognizes the importance of coordinating land use plans.
“City, county, state and federal agency and special district plans and actions
related to land use shall be consistent with the comprehensive plans of cities and
counties and regional plans adopted under ORS Chapter 268.”
Oregon Revised Statute 197.015(5) goes further to define comprehensive plan coordination.
“A plan is “coordinated” when the needs of all levels of governments, semipublic
and private agencies and the citizens of Oregon have been considered and
accommodated as much as possible.”
Population
An important basis for coordinating with cities is adopted population projections. Having an
estimate of anticipated population is the first step to planning for future growth and
conservation. ORS 195.025(1) requires counties to coordinate local plans and population
forecasts. The County oversees the preparation of a population forecast in close collaboration
with cities. This is important because the population of the County has increased significantly in
recent decades and a coordinated approach allows cities to ensure managed growth over time.
Table 4.2.1 – Population Growth in Deschutes County 1980 to 2000
Sources 1980 1990 2000 2010
Population Research Center July 1 estimates 62,500 75,600 116,600 172,050
US Census Bureau April 1 counts 62,142 74,958 115,367 157,733
Source: As noted above
In 1996 Bend, Redmond, Sisters and the County reviewed recent population forecasts from the
Portland State University Center Population and Research Center (PRC) and U.S. Census
Bureau, Department of Transportation, Woods and Poole, Bonneville Power Administration
and Department of Administrative Services Office of Economic Analysis. After reviewing these
projections, all local governments adopted a coordinated population forecast. It was adopted by
Deschutes County in 1998 by Ordinance 98-084.
The results of the 2000 decennial census and subsequent population estimates prepared by the
PRC revealed that the respective populations of the County and its incorporated cities were
growing faster than anticipated under the 1998 coordinated forecast. The cites and the County
re-engaged in a coordination process between 2002 and 2004 that culminated with the County
adopting a revised population forecast that projected population to the year 2025. It was
adopted by Ordinance 2004-012 and upheld by the Land Use Board of Appeals on March 28,
2005.
The following table displays the 2004 coordinated population forecast for Deschutes County
and the UGBs of the cities of Bend, Redmond, and Sisters.
Section 4.2 Urbanization
2 DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011
CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION
PAGE 2 OF 9 – EXHIBIT “B” TO ORDINANCE 2013-002
Table 4.2.2 – Coordinated Population Forecast 2000 to 2025
Year Bend UGB Redmond UGB Sisters UGB Unincorporated
County Total County
2000 52,800 15,505 975 47,320 116,600
2005 69,004 19,249 1,768 53,032 143,053
2010 81,242 23,897 2,306 59,127 166,572
2015 91,158 29,667 2,694 65,924 189,443
2020 100,646 36,831 3,166 73,502 214,145
2025 109,389 45,724 3,747 81,951 240,811
Source: 2004 Coordinated Population Forecast for Deschutes County
The process through which the County and the cities coordinated to develop the 2000-2025
coordinated forecast is outlined in the report titled "Deschutes County Coordinated
Population Forecast 2000-2025: Findings in Support of Forecast.”
The fourth city in Deschutes County is the City of La Pine. Incorporated on November 7,
2006, the City of La Pine’s 2006 population estimate of 1,590 was certified by PRC on
December 15, 2007. As a result of La Pine’s incorporation, Deschutes County updated its
Coordinated Population Forecast with Ordinance 2009-006.
The purpose of this modification was to adopt a conservative 20 year population forecast for
the City of La Pine that could be used by city officials and the Oregon Department of Land
Conservation and Development to estimate its future land need and a UGB.
The following table displays the coordinated population forecast for Deschutes County, the
UGBs of the cities of Bend, Redmond, and Sisters, and La Pine from 2000 to 2025. By extending
the growth rate to the year 2025, La Pine’s population will be 2,352. The non-urban
unincorporated population decreases by 2,352 from its original projection of 81,951, to 79,599.
Table 4.2.3 – Coordinated Population Forecast 2000 to 2025, Including La Pine
Year Bend
UGB
Redmond
UGB
Sisters
UGB
La Pine
UGB
Unincorporated
County Total County
2000 52,800 15,505 975 - 47,320 116,600
2005 69,004 19,249 1,768 - 53,032 143,053
2010 81,242 23,897 2,306 1,697 57,430 166,572
2015 91,158 29,667 2,694 1,892 64,032 189,443
2020 100,646 36,831 3,166 2,110 71,392 214,145
2025 109,389 45,724 3,747 2,352 79,599 240,811
Source: 2004 Coordinated Population Forecast for Deschutes County – updated 2009
2030 Population Estimate
This Comprehensive Plan is intended to manage growth and conservation in the
unincorporated areas of the County until 2030. Because the official population forecast extends
only to 2025, County staff used conservative average annual growth rates from the adopted
population forecast to estimate population out to 2030. The following table estimates
Deschutes County population by extending the adopted numbers out an additional five years.
DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 3
CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION
PAGE 3 OF 9 – EXHIBIT “B” TO ORDINANCE 2013-002
Table 4.2.4 – Deschutes County 2030 Population Forecast
Year Bend
UGB
Redmond
UGB
Sisters
UGB
La Pine
UGB
Unincorporated
County Total County
2030 119,009 51,733 4,426 2,632 88,748 266,538
Source: County estimates based on the 2004 Coordinated Population Forecast as shown below:
Bend’s average annual growth rate from 2025 to 2030 is 1.70%
Redmond’s average annual growth rate from 2025 to 2030 is 2.50%
Sisters’ based their population on forecasted rates of building growth, residential housing units, and persons per dwelling u nit
La Pine’s average annual growth rate from 2025 to 2030 is 2.20%
Deschutes County’s unincorporated area average annual growth rate from 2025 to 2030 is 2.20%
As the pie chart below indicates, if population occurs as forecasted, 67% of the County’s
population will reside in urban areas by 2030.
Such growth will undoubtedly require strategically managing the provision of public services and
maintaining adequate amounts of residential, commercial and industrial lands. Growth pressures
will also require programmatic approaches to maintain open spaces, natural resources, and
functional ecosystems that help define the qualities of Deschutes County.
Urban Growth Boundary Amendments
Bend
The City of Bend legislatively amended its UGB as part of a periodic review acknowledgment in
December 2004. The Bend City Council and the Board of County Commissioners adopted
concurrent ordinances that expanded the Bend UGB by 500 acres and satisfied a 20 year
demand for industrial land.
In July 2007, the Bend-La Pine School District received approvals to expand the City of Bend
UGB to include two properties for the location of two elementary schools, one at the Pine
Nursery, the other on Skyliner Road.
Sisters
The City of Sisters legislatively amended its UGB in September 2005 when its City Council and
the Board of County Commissioners adopted respective ordinances. The Sisters UGB
expansion covered 53 acres and satisfied a 20 year demand for residential, commercial, light
Bend
45%
Redmond
19%
La Pine
1%
Sisters
2%
Unincorporated
Area
33%
In 2030
Figure 4.1 Deschutes County 2030
Estimated Population
4 DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011
CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION
PAGE 4 OF 9 – EXHIBIT “B” TO ORDINANCE 2013-002
industrial, and public facility land. In March 2009, Sisters amended their UGB to facilitate the
establishment of a 4-acre fire training facility for the Sisters/Camp Sherman Fire District.
Redmond
The City of Redmond legislatively amended its UGB in August 2006 when its City Council and
the Board of County Commissioners adopted respective ordinances. The Redmond UGB
expansion covered 2,299 acres and satisfied a 20 year demand for residential and neighborhood
commercial land.
La Pine
In 2012 La Pine adopted its first Comprehensive Plan. La Pine established a UGB that matches
the city limits, because the City contains sufficient undeveloped land for future housing,
commercial and industrial needs over a 20-year period. The Plan map includes land use
designations intended to provide an arrangement of uses to ensure adequate and efficient
provision of public infrastructure for all portions of the City and UGB.
Urban Reserve Area
Redmond
In December 2005, Redmond City Council and the Board of County Commissioners adopted a
5,661 acre URA for the City. It is the first URA in Central Oregon because most cities find
planning farther into the future than the 20-year UGB timeframe, challenging.
Coordination
As noted above, Statewide Goal 2 and ORS promote land use planning coordination. The
purposes of the urbanization goals and policies in this section are to provide the link between
urban and rural areas, and to provide some basic parameters within which the urban areas of
Deschutes County can develop, although the specific comprehensive plan for each community
remains the prevailing document for guiding growth in its respective area. These policies permit
the County to review each city’s comprehensive plan to ensure effective coordination.
The Redmond and Deschutes County Community Development
Departments received the Oregon Chapter of American Planning
Association's (OAPA) Professional Achievement in Planning Award in
2006 for the "Redmond Urban Reserve Area / Urban Growth
Boundary Expansion Project.”.
The following quote taken from the Oregon Chapter of the American
Planning Association’s 2006 Awards Program shows why the Redmond
Community Development Department was chosen for this award.
“An outstanding effort to address Redmond's rapid population growth,
including the successful designation of an Urban Reserve and the
imminent designation of an Urban Growth Boundary, a “Framework
Plan” with a requirement for master planning, and the establishment
of “Great Neighborhood Principles.”
Central Oregon Large Lot Industrial Land Need Analysis
During the 1990s, the Central Oregon region experienced a dramatic transformation from an
economy concentrated largely in wood products into a service based economy serving a
DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 5
CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION
PAGE 5 OF 9 – EXHIBIT “B” TO ORDINANCE 2013-002
growing and diverse tourism and household base. Accelerated in-migration and tourism growth
gave way to rapid economic expansion, escalation in home prices, and a systematic shift in the
local economy from goods producing activities to service oriented industries. While initially
representing a diversification of the local economy, this shift led to an over-reliance upon these
types of industries.
During the recent recession, the regional economy’s vulnerabilities became apparent. Suitable
land for today's industrial development forms emerged as one of Oregon's most severe
development challenges. In 2010, 2011, and 2012, Deschutes, Crook and Jefferson counties
and their respective cities, undertook an unprecedented regional evaluation of the economic
opportunities and constraints associated with users of large industrial parcels in the Central
Oregon region. The purpose of this evaluation was to aid in providing a more diversified
economic base for the region that would accommodate industrial uses with a need for larger
lots than possibly may be currently available in any of the Central Oregon cities. As part of that
evaluation, Deschutes County hired a consultant to draft an analysis of Central Oregon’s
opportunities, competitiveness, ability, and willingness to attract more basic industries. The
analysis focused specifically on industries that require large lots. The result was a document
called the Central Oregon Regional Economic Opportunity Analysis, and was the basis for
Ordinance 2011-017, dated May 31, 2011.
Ordinance 2011-017 was appealed to the Land Use Board of Appeals by 1,000 Friends of
Oregon (“1,000 Friends”). The appeal was stayed in early 2012 to allow Deschutes County, the
Governor’s Office, and 1,000 Friends to explore a settlement, which was ultimately reached in
April, 2012. The settlement consisted of policy concepts focusing entirely on Central Oregon’s
short-term need for large-lot industrial sites as well as a commitment from the Department of
Land Conservation and Development (“DLCD”) to initiate rule-making that summer. The three
counties, their respective cities, 1,000 Friends, and DLCD staff then engaged in drafting a
proposed rule. In August, the final draft of that rule was then sent to the Oregon Land
Conservation and Development Commission (“LCDC”). As a result, in November, the LCDC
adopted Oregon Administrative Rule (OAR) 660-024-0040 and 660-024-0045. That rule
provides that that the large lot industrial land need analysis agreed upon by all of the parties,
once adopted by each of the participating governmental entities, would be sufficient to
demonstrate a need for up to nine large industrial sites in Central Oregon. Six of the sites will
be made available initially. Three more sites may be added under the rule as the original sites
are occupied. After the adoption of the new OARs, Deschutes County voluntarily repealed
Ordinance 2011-017 and adopted a new ordinance, Ordinance 2013-002, in accordance with
the OARs.
Utilizing the new OARs, Ordinance 2013-002 emphasized Central Oregon’ short term need for
a critical mass of competitive and diverse vacant, developable industrial sites. An additional
necessary component is an intergovernmental agreement (“IGA”) between the region’s
jurisdictions and the Central Oregon Intergovernmental Council (“COIC”). Through the IGA,
COIC will provide oversight of the short-term land supply of large-lot industrial sites to enable
the region to become competitive in industrial recruitment. Once each of the three counties
and their respective cities adopt similar ordinances and enter into an IGA with COIC, the large
lot sites will enable industrial recruitment opportunities to attract potential industrial users to
6 DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011
CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION
PAGE 6 OF 9 – EXHIBIT “B” TO ORDINANCE 2013-002
consider the region that may not have otherwise without the availability of these large lots.
Participating local governments will review the program after all nine sites have been occupied
or after ten years, whichever comes first.
DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 7
CHAPTER 4 URBAN GROWTH MANAGEMENT REFERENCES
PAGE 7 OF 9 – EXHIBIT “B” TO ORDINANCE 2013-002
Section 4.2 Urbanization Policies
Goals and Policies
Goal 1 Coordinate with cities, special districts and stakeholders to support
urban growth boundaries and urban reserve areas that provide an
orderly and efficient transition between urban and rural lands.
Policy 4.2.1 Participate in the processes initiated by cities in Deschutes County to create
and/or amend their urban growth boundaries.
Policy 4.2.2 Promote and coordinate the use of urban reserve areas.
Policy 4.2.3 Review the idea of using rural reserves.
Goal 2 Coordinate with cities, special districts and stakeholders on urban
growth area zoning for lands inside urban growth boundaries but
outside city boundaries.
Policy 4.2.4 Use urban growth area zoning to coordinate land use decisions inside urban
growth boundaries but outside the incorporated cities.
Policy 4.2.5 Negotiate intergovernmental agreements to coordinate with cities on land use
inside urban growth boundaries and outside the incorporated cities.
Policy 4.2.6 Develop urban growth area zoning with consideration of the type, timing and
location of public facilities and services provision consistent with city plans.
Policy 4.2.7 Adopt by reference the comprehensive plans of Bend, La Pine, Redmond and
Sisters, as the policy basis for implementing land use plans and ordinances in
each city’s urban growth boundary.
Goal 3 Coordinate with cities, special districts and stakeholders on policies
and zoning for lands outside urban growth boundaries but inside
urban reserve areas.
Policy 4.2.8 Designate the Redmond Urban Reserve Area on the County Comprehensive
Plan Map and regulate it through a Redmond Urban Reserve Area (RURA)
Combining Zone in Deschutes County Code, Title 18.
Policy 4.2.9 In cooperation with the City of Redmond adopt a RURA Agreement consistent
with their respective comprehensive plans and the requirements of Oregon
Administrative Rule 660-021-0050 or its successor.
Policy 4.2.10 The following land use policies guide zoning in the RURA.
a. Plan and zone RURA lands for rural uses, in a manner that ensures the
orderly, economic and efficient provision of urban services as these lands are
brought into the urban growth boundary.
b. New parcels shall be a minimum of ten acres.
c. Until lands in the RURA are brought into the urban growth boundary, zone
changes or plan amendments shall not allow more intensive uses or uses that
8 DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011
CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.2 URBANIZATION
PAGE 8 OF 9 – EXHIBIT “B” TO ORDINANCE 2013-002
generate more traffic, than were allowed prior to the establishment of the
RURA.
d. For Exclusive Farm Use zones, partitions shall be allowed based on state law
and the County Zoning Ordinance.
e. New arterial and collector rights-of-way in the RURA shall meet the right-of-
way standards of Deschutes County or the City of Redmond, whichever is
greater, but be physically constructed to Deschutes County standards.
f. Protect from development existing and future arterial and collector rights-of-
way, as designated on the County’s Transportation System Plan.
g. A single family dwelling on a legal parcel is permitted if that use was permitted
before the RURA designation.
Policy 4.2.11 Collaborate with the City of Redmond to assure that the County-owned 1,800
acres in the RURA is master planned before it is incorporated into Redmond’s
urban growth boundary.
Goal 4 To build a strong and thriving regional economy by coordinating
public investments, policies and regulations to support regional and
state economic development objectives in Central Oregon.
Policy 4.2.12 Deschutes County supports a multi-jurisdictional cooperative effort to pursue a
regional approach to establish a short-term supply of sites particularly designed
to address out-of-region industries that may locate in Central Oregon.
Policy 4.2.13 Deschutes County recognizes the importance of maintaining a large-lot industrial
land supply that is readily developable in Central Oregon.
Policy 4.2.14 The Central Oregon Regional Large Lot Industrial Land Need Analysis
(“Analysis”), adopted by Ordinance 2013-002 is incorporated by reference
herein.
Policy 4.2.15 Within 6 months of the adoption of Ordinance 2013-002, in coordination with
the participating local governments in Central Oregon, Deschutes County shall,
execute an intergovernmental agreement (“IGA”) with the Central Oregon
Intergovernmental Council (“COIC”) that specifies the process of allocation of
large lot industrial sites among the participating local governments.
Policy 4.2.16 In accordance with OAR 660-024-004 and 0045, Deschutes County, fulfilling
coordination duties specified in ORS 195.025, shall approve and update its
comprehensive plan when participating cities within their jurisdiction legislatively
or through a quasi-judicial process designate regionally significant sites.
Policy 4.2.17 Deschutes County supports Economic Development of Central Oregon
(“EDCO”), a non-profit organization facilitating new job creation and capital
investment to monitor and advocate for the region’s efforts of maintaining an
inventory of appropriate sized and located industrial lots available to the market
Policy 4.2.18 Deschutes County will collaborate with regional public and private
representatives to engage the Oregon Legislature and state agencies and their
commissions to address public facility, transportation and urbanization issues
that hinder economic development opportunities in Central Oregon.
DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 9
CHAPTER 4 URBAN GROWTH MANAGEMENT REFERENCES
PAGE 9 OF 9 – EXHIBIT “B” TO ORDINANCE 2013-002
Policy 4.2.19 Deschutes County will strengthen long-term confidence in the economy by
building innovative public to private sector partnerships.
44 DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12LEGISLATIVE HISTORY
PAGE 1 OF 1 - EXHIBIT “C” TO ORDINANCE 2013-002
Background
This section contains the legislative history of this Comprehensive Plan.
Table 5.11.1 Comprehensive Plan Ordinance History
Ordinance Date Adopted/
Effective Chapter/Section Amendment
2011-003 8-10-11/11-9-11
All, except
Transportation, Tumalo
and Terrebonne
Community Plans,
Deschutes Junction,
Destination Resorts and
ordinances adopted in
2011
Comprehensive Plan update
2011-027 10-31-11/11-9-11
2.5, 2.6, 3.4, 3.10, 3.5,
4.6, 5.3, 5.8, 5.11,
23.40A, 23.40B,
23.40.065, 23.01.010
Housekeeping amendments to
ensure a smooth transition to
the updated Plan
2012-005 8-20-12/11-19-12
23.60, 23.64 (repealed),
3.7 (revised), Appendix C
(added)
Updated Transportation
System Plan
2012-012 8-20-12/8-20-12 4.1, 4.2 La Pine Urban Growth
Boundary
2012-016 12-3-12/3-4-13 3.9 Housekeeping amendments to
Destination Resort Chapter
2013-002 1-7-13/1-7-13 4.2
Central Oregon Regional
Large-lot Employment Land
Need Analysis
Section 5.12 Legislative History
PAGE 1 OF 21 – EXHIBIT “D” TO ORDINANCE 2013-002
FINDINGS
PROPOSED PLAN AMENDMENT
The proposed amendments to Deschutes County’s Comprehensive Plan are described
in Ordinance 2013-002, Exhibits A, B, and C. Added language is underlined and deleted
shown as strikethrough.
BACKGROUND
Ordinance 2011-017
Deschutes County received two Technical Assistance Grants from the Department of
Land Conservation and Development (DLCD) in 2010 to evaluate Central Oregon’s
opportunities, competitiveness, and ability to recruit new and locally grown firms
requiring new large scale development models. Johnson-Reid, LLC was selected from
a pool of consultants to develop a Regional Economic Opportunity Analysis (REOA).
Over the course of eleven months, the REOA went through several iterations with the
assistance of a Regional Advisory Committee (RAC). The RAC con sisted of Central
Oregon cities and counties, Johnson-Reid LLC, Business Oregon, DLCD, Department
of State Lands, Central Oregon Intergovernmental Council (COIC), 1,000 Friends of
Oregon (1,000 Friends), Economic Development for Central Oregon (EDCO), Central
Oregon Association of Realtors and private area developers. The RAC met officially six
times before the REOA was finalized on May 31, 2011.
The REOA project aimed to determine if such an industrial land demand exists in
Central Oregon and, if so, to identify the deficiency. The study attempted to document
an unmet twenty year land need for large lot industrial sites in the region. It also
concluded that competing as a cohesive region can allow Central Oregon to market a
larger available work force, the size of which is often a key loca tional criterion for firms.
While geographically separate, the jurisdictions in the region function in a manner
similar to other metropolitan areas like Reno and Salt Lake City, which often share
boundaries. According to the REOA, the shared economic function within Central
Oregon supports a regional approach to economic development, particularly with
respect to large traded sector industries.
Deschutes County exercised its statutory coordinating authority (ORS 195.025) to
address this unmet regional need for large-lot industrial sites through Ordinance 2011-
017. New comprehensive plan policies and the REOA provided the policy framework
for designating lands among coordinating jurisdictions in a mutually agreed proportion.
Ordinance 2011-017 attempted to integrate comprehensive plans between the County
and its respective cities by encouraging them to address a short and long-term
specialized employment land need. Ordinance 2011-017 was adopted by the Board of
County Commissioners on November 30 2011, but was appealed to the Land Use
Board of Appeals by 1,000 Friends.1 The appeal however, was stayed in early 2012 to
1 1,000 Friends submitted a Notice of Intent to Appeal to LUBA on December 21, 2011.
PAGE 2 OF 21 – EXHIBIT “D” TO ORDINANCE 2013-002
allow Deschutes County, the Governor’s Office, and 1,000 Friends to explore a
settlement. Spanning three months, a settlement was ultimately rea ched in April 2012.
The settlement consisted of an agreement that the technical document produced would
not be called an Economic Opportunity Analysis (EOA) as that term is understood in
Oregon land use law. 1000 Friends agreed that the region has a need for up to nine
large industrial lots in Central Oregon and the parties agreed upon policy principles
guiding how those sites could be incorporated into existing UGBs. The settlement
consisted of policy concepts focusing entirely on Central Oregon’s short-term need for
large-lot industrial sites as well as a commitment from DLCD to initiate rule-making later
in the summer.
Ordinance 2013-002
Because of the unique nature of the agreement, DLCD agreed to memorialize the
agreement in rule. OAR 660-024-0040(1) and (5) and 660-024-0045 were narrowly
crafted to implement the intent of the agreement so it still complies with Goals 9 and 14.
The amendments are applicable in only Crook, Deschutes and Jefferson counties. After
receiving support from a rule-making committee consisting of the parties to the LUBA
appeal, in August, a final draft was forwarded to the Land Conservation and
Development Commission (LCDC) for their consideration on November 15, 2012. At
the meeting, LCDC took public testimony, considered a staff recommendation and
adopted amendments to administrative rules at Chapter 660-024. They became
effective on December 10. Rule-making now provides a clear legal framework for local
governments in Central Oregon to address a known deficiency of large -lot industrial
sites.
Utilizing the new OARs, Ordinance 2013-002 now responds to Central Oregon’s short
term need for nine competitive and diverse vacant, developable large lot industrial sites.
These sites can enable site selectors, representing potential industrial businesses, to
consider the region. COIC has agreed to manage the distribution of sites among the
various jurisdictions through intergovernmental agreements. Participating local
governments will review the program after the regional supply of six sites has either
been replenished by three additional sites or after ten years, whichever comes first.2
REVIEW CRITERIA
Ordinance 2013-001 repeals Ordinance 2011-017. Ordinance 2013-002 adopts the
Central Oregon Large Lot Industrial Land Need Analysis (Analysis) and several
regional large-lot industrial land policies into Deschutes County’s Comprehensive Plan
to comply with the new OARs.3 Deschutes County lacks specific criteria in Deschutes
County Code (DCC) Titles 18, 22, or 23 for reviewing a legislative plan amendment.
Nonetheless, since Deschutes County is initiating one, the County bears the
responsibility for justifying that the amendments are consistent with Oregon Revised
2 OAR 660-024-0045(13)
3 OAR 660-024-0045(2)(a): “Analysis” means the document th at determines the regional large lot employment land
need within Crook, Deschutes, or Jefferson County that is not met by the participating local governments’
comprehensive plans at the time the analysis is adopted.
PAGE 3 OF 21 – EXHIBIT “D” TO ORDINANCE 2013-002
Statutes (ORS), Statewide Planning Goals, OARs, and its existing Comprehensive
Plan.
The findings are organized as follows:
Section (1) - ORS 195.025
Section (2) - Statewide Planning Goal 1, Citizen Involvement
Section (3) - Other ORS
Section (4) - OAR Division 9, Economic Development
Section (5) - OAR Division 24, Urban Growth Boundaries
Section (6) - Other Statewide Planning Goals
Section (7) - Deschutes County Comprehensive Plan
Section (1), ORS 195.025
* ORS 195.025 (1) In addition to the responsibilities stated in ORS 197.175, each
county, through its governing body, shall be responsible for coordinating all planning
activities affecting land uses within the county, including planning activities of the
county, cities, special districts and state agencies, to assure an integrated
comprehensive plan for the entire area of the county.
Finding: Deschutes County, through its governing body, is exercising its statutory
coordinating authority to address a short-term regional need for large-lot industrial sites.
This authority will assure there is an integrated comprehensive plan between Deschutes
County and its respective cities by encouraging Bend, La Pine, Redmond, and Sisters
to address a short-term specialized employment land need of six industrial sites, 50
acres or larger in three different jurisdictions. Aided by new OARs (660-024-0045(5a)
and 660-024-0045(7)), Deschutes County is fulfilling its regional coordination
responsibilities by formalizing, through policies, a regional governance and land use
planning framework with COIC.4
COIC serves as the Economic Development District representing Crook, Deschutes a nd
Jefferson counties as designated by the Economic Development Administration.5
Deschutes County is applying its coordination authority to cities as well, for those willing
to fulfill this regional short-term employment need, consistent with Oregon’s Statewide
Planning Program. Deschutes County’s plan amendment provides the policy framework
for the tri-county region to coordinate as a single entity promoting large -lot industrial
employments sites that best serve the region as a whole to create family wage jobs,
4 COIC is a Council of Governments organized under ORS 190 by the three counties and seven cities of Central
Oregon. COIC is governed by a 15-member board made up of elected officials appointed by each of the member
governments and appointed representatives of key economic sectors. OAR 660-024-045(5a) requires local
governments to enter into an intergovernmental agreement with COIC. OAR 660-024-045(7) describes COIC’s
coordination process. 5 Central Oregon Comprehensive Economic Development Strategy , Approved by the Central Oregon Community
Investment Board, November 29, 2007, 5. One function of the Economic Development District is developing and
maintaining and updating the Comprehensive and Economic Development Strategy (CEDS). The CEDS is the result
of a local planning effort, and serves as a guide for regional growth.
PAGE 4 OF 21 – EXHIBIT “D” TO ORDINANCE 2013-002
region economic diversification and place Central Oregon on the map for regional,
national and international industrial recruitment. Upon adoption, Crook and Jefferson
counties will adopt a similar amendment to their comprehensive plans. Once all th ree
counties complete their plan amendments, municipalities in the region will be able rely
on the Analysis to address the short-term need for large-lot industrial sites.6
* ORS 195.025: (2) For the purposes of carrying out ORS chapters 195, 196 and 197,
counties may voluntarily join together with adjacent counties as authorized in ORS
190.003 to 190.620.
Finding: Deschutes County is voluntarily coordinating with Crook and Jefferson counties
and the cities of Prineville, Madras, Bend, Redmond Sisters and La Pine as authorized
in ORS 190.003- 190.620. Deschutes County wants to assure that Crook and Jefferson
counties also exercise their coordination authority with parallel plan amendments so
there is a collective and regional response to an unprecedented opportunity to establish
a short-term supply of large-lot industrial sites in Central Oregon. These efforts will
result in the joint adoption of the Analysis, policies, and findings. Crook and Jefferson
counties will initiate their own plan amendments in early 2013.
Section (2) – Statewide Planning Goal 1, Citizen Involvement
Goal: To develop a citizen involvement program that insures the opportunity for citizens
to be involved in all phases of the planning pro cess.
The citizen involvement program shall incorporate the following components:
1. Citizen Involvement -- To provide for widespread citizen involvement.
2. Communication -- To assure effective two-way communication.
3. Citizen Influence -- To provide the opportunity for citizens to be involved in all
phases of the planning process.
4. Technical Information -- To assure that technical information is available in an
understandable form.
5. Feedback Mechanisms – To assure that citizens will receive a response from
policy-makers.
Finding: Deschutes County has undertaken an extensive process to satisfy the
components of Goal 1 to allow ample opportunities for citizens and stakeholders to
participate in this process. Last fall, after four public hearings, Deschutes County
adopted Ordinance 2011-017 on November 30, 2011. As mentioned earlier, Ordinance
2011-017 was subsequently appealed to the Land Use Board of Appeals by 1,000
Friends. The appeal however, was settled in April 2012. During that process, Deschutes
County collaborated regularly with the RAC to obtain their input and eventual
6 OAR 660-024-0045(5b).
PAGE 5 OF 21 – EXHIBIT “D” TO ORDINANCE 2013-002
endorsement. One of the outputs of the settlement was a commitment from DLCD to
initiate rule-making.
After receiving support from a Central Oregon Large Industrial Lot Rules Advisory
Committee which met four times over the summer, a draft was forwarded to LCDC for
their consideration.7 A public hearing conducted by a LCDC hearings officer was held
in Redmond on September 27, 2012, followed by a hearing with the full commission on
November 15, 2012 in McMinnville. LCDC adopted the rules on November 15. They
became effective on December 10. The Deschutes County Planning Commission held a
work session on December 13. The Board of County Commissioners held a public
hearing on January 7, 2013.
Section (3) - Other ORS
* ORS 195.025 (1) In addition to the responsibilities stated in ORS 197.175, each
county, through its governing body, shall be responsible for coordinating all planning
activities affecting land uses within the county, including planning activities of the
county, cities, special districts and state agencies, to assure an integrated
comprehensive plan for the entire area of the county.
Finding: See Section 1, page 3.
* ORS 195.025 (2) For the purposes of carrying out ORS chapters 195, 196 and 197,
counties may voluntarily join together with adjacent counties as authorized in ORS
190.003 to 190.620.
Finding: See Section 1, page 4.
* ORS 197.712 (1) In addition to the findings and policies set forth in ORS 197.005,
197.010 and 215.243, the Legislative Assembly finds and declares that, in carrying out
statewide comprehensive land use planning, the provision of adequate opportunities for
a variety of economic activities throughout the state is vital to the health, welfare and
prosperity of all the people of the state.
(2) By the adoption of new goals or rules, or the application, interpretation or
amendment of existing goals or rules, the Land Conservation and Development
Commission shall implement all of the following:
(a) Comprehensive plans shall include an analysis of the community’s economic
patterns, potentialities, strengths and deficiencies as they relate to state and national
trends.
Finding: Deschutes County is proposing comprehensive plan amendments that include
an Analysis that documents Central Oregon’s need for establishing a short-term supply
7 Crook, Jefferson and Deschutes counties, 1,000 Friends, Cities of Redmond, Bend, La Pine, and Madras, COIC,
EDCO, and a Citizen Involvement Advisory Committee member participated on the rules advisory committee.
PAGE 6 OF 21 – EXHIBIT “D” TO ORDINANCE 2013-002
of large-lot industrial sites.8 The Analysis identifies the strengths and challenges of the
Central Oregon economy and concludes that the competitive characteristics of Central
Oregon can be strengthened through taking a regional approach to large-lot industrial
siting.9
Deschutes County finds that to have a fully-developed program that serves the broadest
range of area citizens and businesses, it is critical to be competitive in the segment of
economic development that depends on the availability of readily -served, large-lot
employment sties. As such, as a matter of policy, the county chooses to identify and
implement a program to create a short-term large-lot land supply that enables Central
Oregon to be a competitive region for industrial recruitment. Central Oregon’s traditional
industrial base remains active in the local economy, and the region would like to
increase its emphasis on industrial employment to strengthen that base .10 The region's
supply of affordable land, low cost utilities, quality of life, and organized economic
development landscape makes it an attractive option for growth in many traded sector
industries.11 Central Oregon economic development efforts have been negatively
impacted by a lack of readily available large -lot industrial sites. Major employers in
traded sector industries (export industries) are the primary drivers of economic growth,
providing the impetus for net growth in the regional economy and supporting a wide
range of support industries. At the state and local level, policy makers understand the
importance that large-scale employers can have on the local economy. In 2007 Centra l
Oregon was home to three firms with 1,000 or more employees and an additional five
with at least 500.12
In a structural sense, globalization has changed the way manufacturers conduct
business. Cost and efficiency are the central tenants of an increasingly competitive
market. Firms are increasingly pressured to develop more capital intense production
models, placing a greater emphasis on economies of scale, as well as production
efficiency and flexibility. Time-to-market for firms has become an even more crucial
factor as they make decisions to locate new plants and facilities. The result has been
the emergence of a clear real estate trend, creating a global demand for large
development ready industrial sites, with the immediacy of utility servi ces (both public
and private sector) of critical importance.13
Deschutes County’s choice to pursue a regional short-term supply of large-lot industrial
employment sites is also consistent with Central Oregon’s Comprehensive Economic
Development Strategy (CEDS). According to this report, two of Central Oregon’s Long-
Term Priority Goals are:
* Goal XIII: Sufficient supply of land affordable for commercial, industrial and
residential development.
8 See note 3 above.
9 Central Oregon Large-Lot Industrial Land Need Analysis. Pages 35; 42-47.
10 Ibid., 7.
11 Ibid.
12 Ibid., 10.
13 Ibid., 7
PAGE 7 OF 21 – EXHIBIT “D” TO ORDINANCE 2013-002
* Goal XVI: Ongoing regional planning is in place to preserve an d enhance
the region’s economic appeal and effect orderly economic development.
One of Central Oregon Community Investment Board’s short-term priorities promotes:
* Structures and processes of public and private organizations to effectively
create, adapt, foster and sustain economic development in Central
Oregon.14
Through the CEDS planning process, past regional needs and issues processes, the
2007 infrastructure needs inventory, and through other methods of economic analysis,
the following projects, programs and activities have been identified for focus over the
next six years:
* Support of industry clusters.
* Assist in the retention, expansion and recruitment of secondary wood
products, aerospace production and parts, targeted sectors including
apparel and sporting goods, aerospace including information technology,
renewable energy, light industrial and manufacturing, and research and
development.15
As noted in the CEDS, new traded sector and investment is critical for building a strong
regional economy. A strategy that increases prosperity for all Central Oregon residents
in rural and urban communities by balancing, diversifying and developing the region’s
economy has been promoted by economic development theorists and practitioners as a
critical underpinning of a health community or regional economy. Three objectives
promote:
1. Facilitating new job creation and economic diversification through
recruitment of diverse new traded-sector companies across all industries
that offer family-wage employment;
2. Facilitating new job creation through expansion of existing traded -sector
companies across all industries that offer family-wage employment; and
3. Supporting retention of existing traded-sector companies across all
industries that offer family-wage employment.16
Local trends documenting large lot recruiters visiting Central Oregon are also quite
noteworthy. The following list cites this evidence:
* According to Business Oregon, Central Oregon experienced four active
recruitments in the past six months looking at industrial lots 50 acres and
greater. One firm was looking for a site in the 100 to 150 range, while
three have been looking for sites in the 150 to 200 acre range. One firm
14 See note 5 above (Central Oregon Comprehensive Economic Development Strategy ), 4 and 17.
15 Ibid.
16 Ibid., 14.
PAGE 8 OF 21 – EXHIBIT “D” TO ORDINANCE 2013-002
was lost due to the uncertainty of and land use actions that were required,
and the properties proposed were eliminated from consideration and it is
not known if the company has reached a final location decision. That
search started in the 50-100 lot size and then expanded to the 150 -200 lot
size. The other three are still in the active stage and no additional details
can be furnished because of nondisclosure agreements that are in place.17
* The La Pine Industrial Group has had several companies look at our
certified 77-acre site in La Pine but the most active prospect was the
Ferguson Corporation out of Virginia. They were looking for a site for a
Northwest distribution center for their product line of bathroom and other
plumbing fixtures. They wanted a site that would accommodate an initial
500,000 sq. ft. of buildings and would be expandable to 1,000,000 sq. ft.
Initial employment was to be 200 workers, expanding to 400 in the second
phase. There was also a requirement for a rail spur with extensive on -site
trackage to move products in and out. They were not sure our site was
large enough so Mid-State Electric Cooperative developed a site plan to
show that it could meet their specifications.18
* Jon Stark, Redmond Economic Development Manager for Economic
Development for Central Oregon described a recruiter recently visiting
Redmond.19
* Michael Williams, Oregon Business Development, Industrial Lands
Specialist, described recruiters visiting Central Oregon, as well as the
heightened interest expressed by companies once Facebook committed to
a site in Prineville.20
* ORS 197.712 (2)(b) Comprehensive plans shall contain policies concerning the
economic development opportunities in the community.
Finding: Deschutes County is responding to a specific short-term employment need
recognized in OAR 660-024-0045(2a) and identified in an Analysis for large-lot industrial
sites. As shown in Exhibit B, Deschutes County is adopting several regional industrial
land policies to comply with ORS 197.712 (2)(b) that recognize Central Oregon’s
economic development opportunities for establishing a short-term supply of large-lot
industrial sites.
* ORS 197.712 (2)(c) Comprehensive plans and land use regulations shall provide for at
least an adequate supply of sites of suitable sizes, types, locations and service levels
for industrial and commercial uses consistent with plan policies.
17 Jerald Johnson, Johnson-Reid LLC, October 21, 2011, 5
18 Lee Smith, General Manager La Pine Industrial Group, October 27, 2011, email.
19 Oral Testimony, Board of County Commissioners public hearing, October 31, 2011.
20 Ibid.
PAGE 9 OF 21 – EXHIBIT “D” TO ORDINANCE 2013-002
Finding: Deschutes County is exerting its statutory coordination authority to encourage
cities to address an unmet, short-term large-lot industrial land need by adopting an
Analysis and several regional industrial land policies. As noted in OAR 660-024-0045(4)
and the Analysis, there is a demonstrated need for vacant, suitable and available large-
lot industrial sites in Central Oregon. The short-term need encompasses six, 50 acre or
greater sites, in three different jurisdictions, with two of those sites being between 100 to
200 acres, and one over 200 acres. The Analysis identifies site need characteristics for
large-lot industrial sites and recommends a competitive, short-term inventory.21
* ORS 197.712 (2)(d) Comprehensive plans and land use regulations shall provide for
compatible uses on or near sites zoned for specific industrial and commercial uses.
Finding: Ordinance 2013-002 adopts the Analysis and several regional large-lot
industrial land policies into Deschutes County’s comprehensive plan to comply with the
new OARs. Participating cities will need to address this criterion when they propose a
large-lot industrial site into their comprehensive plans and land use regulations to
demonstrate the use is compatible on or near industrial and commercial zones. It is
important to note that based on the new OARs adopted by LCDC, a participating city
that designates a large-lot industrial site is required to apply a regional large -lot
industrial zone or overlay zone to it in order to protect and maintain the site for regional
large lot purposes.22
* ORS 197.712 (2)(g) Local governments shall provide:
(A) Reasonable opportunities to satisfy local and rural needs for residential and
industrial development and other economic activities on appropriate lands outside urban
growth boundaries, in a manner consistent with conservation of the state’s agricultural
and forest land base; and
(B) Reasonable opportunities for urban residential, commercial and industrial needs
over time through changes to urban growth boundaries.
Finding: Based on the new OARs, a participating city may amend its comprehensive
plan and land use regulations, including its Urban Growth Boundaries (UGB), in order to
designate a large-lot industrial site in accordance with OAR 660-024-0045(8).
Section (4) - OAR Division 9, Economic Development
* OAR 660-009-0010 - Application (1) This division applies to comprehensive plans for
areas within urban growth boundaries. This division does not require or restrict planning
for industrial and other employment uses outside urban growth boundaries. Cities and
counties subject to this division must adopt plan and ordinance amendments necessary
to comply with this division.
21 See note 9 above (Central Oregon Large-Lot Industrial Land Need Analysis), 52-56; 62.
22 OAR 660-024-0045(9), (10).
PAGE 10 OF 21 – EXHIBIT “D” TO ORDINANCE 2013-002
Finding: This track is different from an EOA first because OAR 660-024-0040 provides
an alternative path for this pilot project. The new path encompasses all of the steps of
an EOA (trend analysis, site types, inventory and estimate of needed sites). But
because these steps are distributed in both time and authority between three counties
(trends, site types and need estimate) and cities (inventory and location analysis), there
was concern that the standard EOA path would be confusing and possibl y troublesome.
Due to rule-making, OAR 660-024-0040(1) and (5) acknowledge that local governments
in Crook, Deschutes and Jefferson counties may determine the need for regional large-
lot industrial land by following the provisions of OAR 660 -024-0045 for areas subject to
that rule.
Section (5) - OAR Division 24, Urban Growth Boundaries
* OAR 660-024-0040 - Land Need (1) The UGB must be based on the adopted 20 -year
population forecast for the urban area described in OAR 660 -024-0030, and must
provide for needed housing, employment and other urban uses such as public facilities,
streets and roads, schools, parks and open space over the 20-year planning period
consistent with the land need requirements of Goal 14 and this rule. The 20 -year need
determinations are estimates which, although based on the best available information
and methodologies, should not be held to an unreasonably high level of precision. A
local government in Crook, Deschutes and Jefferson Counties may determine the need
for Regional Large-Lot Industrial Land by following the provisions of OAR 660 -024-0045
for areas subject to that rule.
(5) Except for a metropolitan service district described in ORS 197.015(13), the
determination of 20-year employment land need for an urban area must comply with
applicable requirements of Goal 9 and OAR chapter 660, division 9, and must include a
determination of the need for a short-term supply of land for employment uses
consistent with OAR 660-009-0025. Employment land need may be based on an
estimate of job growth over the planning period; local government must provide a
reasonable justification for the job growth estimate but Goal 14 does not require that job
growth estimates necessarily be proportional to population growth. A local government
in Crook, Deschutes and Jefferson Counties may determine the need for Regional
Large-Lot Industrial Land by following the provisions of OAR 660-024-0045 for areas
subject to that rule.
Finding: Deschutes County is now exercising the provisions of OAR 660-024-045(5) by
adopting the Analysis into its comprehensive plan that documents the short-term need
for regional large-lot industrial land. As demonstrated in the Analysis and summarized in
the table below, Deschutes County, by exercising its statutory coordination authority,
has chosen to compete for large-lot industrial employers by creating a dynamic and
competitive short-term large-lot industrial land supply portfolio and inventory that appeal
to industrial site selectors. Deschutes County is basing its decision on an adequate
factual base supported by substantial evidence in the record and is choosing to rely on
the Analysis.
PAGE 11 OF 21 – EXHIBIT “D” TO ORDINANCE 2013-002
Table 1 - Central Oregon Large-Lot Industrial Land Need Synopsis
Objective Ensure that the regional industrial land inventory is adequate to support the
specific needs of large lot industrial users.23
Evidence
In 2008, the Oregon Economic and Community Development Department
(now Business Oregon) recognized that large, ready to go industrial sites
have been the state’s most significant development challenge and one of the
most noticeable changes in real estate trends in the last few years. This
change in demand and the changing nature of OECDD’s account base clearly
document that global business trends have emerge as key elements of
Oregon’s economy.24
Economic Development for Central Oregon recognizes that the recru itment of
companies in new and existing industries is an important component of any
successful economic development program and diversification strategy. New
companies bring a different mix of professional and technical talent to
communities that can spawn other businesses and technologies.25
The Analysis provides reasonable information and analysis pointing to an
unmet short-term land need for large-lot employment sites, currently not part
of regional economic development efforts . Goal 9 and Division 009 require
that employment land planning be based on comparative location advantages
and an articulation of opportunities based on national, state, regional and
local trends. The Analysis cites large-lot employment trends and dynamics of
the global market place, the strengths and challenges of Central Oregon’s
economy and the opportunities for the region to compete for large -lot
employers in the data center, high technology and warehouse and distribution
industries.26
Conclusion
The county finds that the Analysis has been appropriately and reasonably
tailored to address conditions and policies unique to the Central Oregon
region. Deschutes County finds that as a matter of policy, it may choose how
to structure its community and economic development activities, provided
those activities are consistent with applicable local, state and federal laws and
policies, including those for land use planning. Central Oregon chooses to
invest in large-lot industrial sites because it is an additional tool to broaden
the region’s economic attractiveness. While trade sector industries are
primary drivers of job creation, the Analysis does not assume that large
employers are those drivers. Instead, large-lot industrial demand recognizes
that accommodating these types of users reflects a reasonable component of
an economic development strategy.27
* OAR 660-024-0045 - Regional Large Lot Industrial Land (1) Local governments in
Crook, Deschutes or Jefferson Counties may determine a need for large lot industrial
land in the region and provide sites to meet that need in accordance with this rule.
23 See note 9 above (Central Oregon Large-Lot Industrial Land Need Analysis), 11.
24 Bev Thacker, Rail Served & Large Industrial Sites Memorandum, March 11, 2008, 1.
25 Roger Lee, Economic Development for Central Oregon Letter, June 3, 2011,
26 See note 9 above (Central Oregon Large-Lot Industrial Land Need Analysis), 11-13; 29-34; 40-47.
27 Ibid., 44-45.
PAGE 12 OF 21 – EXHIBIT “D” TO ORDINANCE 2013-002
Finding: Based on the conclusions of fact supplied in the Analysis, which is attached to
this exhibit, Deschutes County finds there is a need for nine large lot sites in the Central
Oregon region. Only six sites shall be available at any given time, but, once a site is
assigned to a city, it may be replenished for a total of nine sites.
At least one of the sites must be 200+ acres in size. Two of the sites must be 100-200
acres in size. The remaining sites must be 50-100 acres in size. The sites must be
distributed throughout the region in at least three different jurisdictions . At least one
site, preferably the largest shall be located in the population and employment center of
the region at either the north end of Bend or the southern end of Redmond. No
jurisdiction shall be allowed to add a site under these provisions unless it signs the
Intergovernmental Agreement (IGA) administered by COIC to fairly distribute these sites
throughout the region. If one of the six sites is occupied by a bona fide industrial user it
may be replaced by a site of like size pursuant to the criteria in the IGA administered by
COIC. The facts available in the Analysis only provide sufficient evidence to replace up
to three sites.
* OAR 660-024-0045 (2) In addition to the definitions in OAR 660-024-0010, the
following definitions apply to this rule:
(a) “Analysis” means the document that determines the regional large lot employment
land need within Crook, Deschutes, or Jefferson County that is not met by the
participating local governments’ comprehensive plans at the time the analysis is
adopted. The analysis shall also identify necessary site characteristics of needed land.
Finding: Deschutes County is now exercising the provisions of 660 -024-045. As noted
earlier, the Analysis satisfies OAR 660-0045(2)(a) because it determines the regional
short-term large lot employment land need within Crook, Deschutes, and Jefferson
counties is unmet and not presently addressed in local governments’ comprehensive
plans. The Analysis also identifies necessary site characteristics of needed land.28
(b) “COIC” means the Central Oregon Intergovernmental Council.
(c) “Intergovernmental Agreement (IGA)” means the document adopted by the three
counties and any participating city to implement the provisions of the analysis.
(d) “Participating city” means a city within Crook, Deschutes, or Jefferson County that
has adopted the analysis and entered into an intergovernmental agreement to
implement the provisions of the analysis.
(e) “Participating local government” means Crook, Deschutes, and Jefferson Counties,
and participating cities.
Finding: OAR 660-024-0045(2)(b-e) define COIC, the IGA, a participating city, and a
participating local government. Deschutes County is a participating local government
and will be required to enter into the IGA to implement the provisions of the analysis.
28 Ibid., 52-56; 62
PAGE 13 OF 21 – EXHIBIT “D” TO ORDINANCE 2013-002
(f) “Regional large lot employment land need” means the need for a specific type of 20 -
year employment land need, as described in OAR 660 -024-0040(1) and (5), that is
determined based upon the analysis.
Finding: The Analysis documents a need for nine large lot industrial sites.
(g) “Site” means land in the region that:
(A) Provides the site characteristics necessary for traded sector uses as set forth in
the analysis;
(B) Is 50 acres or larger as provided in section (3) of this rule; and
(C) Is determined to be "available," as that term is defined in OAR 660-009-0025(7),
for regional large-lot industrial users and for purposes identified by the analysis.
(h) “Site characteristics” has the meaning given that term in OAR 660-009-0005(1).
(i) “Traded Sector use” has the meaning given that term in ORS 285B.280.
Finding: OAR 660-024-0045(2)(g-i) define site, site characteristics, and traded sector
use that participating cities will need to demonstrate that they are meeting when
proposing a large-lot industrial site under this program.
* OAR 660-024-0045 (3) For purposes of subsection (2)(g) of this rule, a large lot is at
least 50 acres if it is:
(a) A single lot, parcel that is at least 50 acres,
(b) An aggregation of existing lots or parcels under the same ownership that comprises
at least 50 acres, or
(c) An aggregation of existing lots or parcels not in the same ownership created and
maintained as a unit of land comprising at least 50 acres through a binding agreement
among the owners.
Finding: OAR 660-024-0045(3) defines large lot for the purpose of this program.
* OAR 660-024-0045 (4) Participating local governments may adopt the analysis and
implement its provisions. The analysis may demonstrate a need for six vacant, suitable
and available sites in the region, and up to three additional sites that may be designated
in order to replace one of the original six sites that is developed or committed to
development as provided in section (12) of this rule. The original six sites must include
two sites of at least 100 acres and not more than 200 acres, and one site more than 200
acres.
Finding: The Analysis documents that there is a demonstrated need for vacant, suitable
and available large-lot industrial sites in Central Oregon. The short-term need
encompasses six, 50 acre or greater sites, in three different jurisdictions, with two of
those sites being between 100 to 200 acres, and one over 200 acres .29
29 Ibid.
PAGE 14 OF 21 – EXHIBIT “D” TO ORDINANCE 2013-002
* OAR 660-024-0045 (5) If a participating city adopts the analysis, it is deemed to
provide an adequate factual basis for the determination of regional large lot employment
land need for that city provided:
(a) The city and other participating local governments have entered into an
intergovernmental agreement with the COIC, and
(b) The analysis is adopted by Crook, Deschutes and Jefferson counties.
Finding: Deschutes County, through Ordinance 2013-002 is adopting the Analysis.
* OAR 660-024-0045 (6) Participating cities may adopt the analysis and enter into the
intergovernmental agreement without amending the Economic Opportunities Analysis
adopted by the city prior to the adoption of the analysis.
Finding: OAR 660-024-0045(6) allows participating cities, after they enter into the IGA
with their respective counties, to rely on the Analysis without having to amend their local
EOAs.
* OAR 660-024-0045 (7) The intergovernmental agreement shall describe the process
by which the COIC shall coordinate with participating local governments in:
(a) The determination of a qualifying site that a participating city may designate in order
to satisfy the regional large lot industrial land need; and
(b) The allocation of the qualifying sites among the participating cities in accordance
with section (4) of this rule.
Finding: COIC is presently coordinating with participating local go vernment to satisfy
this rule.
* OAR 660-024-0045 (8) A participating city may amend its comprehensive plan and
land use regulations, including urban growth boundaries (UGB), in order to designate a
site in accordance with the requirements of this rule, other applicable laws and the
intergovernmental agreement, as follows:
(a) A participating city must show whether a suitable and available site is located within
its existing UGB. If a participating city determines that a suitable site already exists
within the city’s urban growth boundary, that site must be designated to meet the
regional industrial land need. Cities shall not be required to evaluate lands within their
UGB designated to meet local industrial land needs.
(b) If a site is not designated per subsection (a), then a participating city may evaluate
land outside the UGB to determine if any suitable sites exist. If candidate sites are
found, the city may amend its UGB in accordance with Goal 14, other applicable laws
and the intergovernmental agreement.
Finding: OAR 660-024-0045(8) describes the process participating cities must follow to
amend their comprehensive plans and land use regulations, including Urban Growth
Boundaries (UGB), in order to designate a site in accordance with this rule. It is not
applicable at this time since no site is being officially designated.
PAGE 15 OF 21 – EXHIBIT “D” TO ORDINANCE 2013-002
* OAR 660-024-0045 (9) A participating city that designates a site shall apply a regional
large-lot industrial zone or overlay zone to the site in order to protect and maintai n the
site for regional large lot purposes. The zone or overlay zone must:
(a) Include development agreements and other provisions that prevent redesignation of
the site for other uses for at least 10 years from the time the site is added to the city’s
comprehensive plan to meet regional large lot industrial land needs;
(b) Prohibit division or separation of lots or parcels within the site to new lots or parcels
less than the minimum size of the site need until the site is developed with a primary
traded sector use requiring a large lot; and
(c) Limit allowed uses on the site to the traded sector uses, except as provided in
section (10) of this rule.
Finding: OAR 660-024-0045(9) requires a regional large-lot industrial zone or overlay
zone to include certain provisions noted above when a site is designated under this rule.
It is not applicable at this time since no site is being officially designated.
* OAR 660-024-0045 (10) The zone or overlay zone established under section (9) may
allow:
(a) Subordinate industrial uses that rely upon and support the primary traded sector use
when a site is occupied by a primary traded sector use; and
(b) Non-industrial uses serving primarily the needs of employees of industrial uses
developed on the site provided the zone includes measures that limit the type, size and
location of new buildings so as to ensure such non-industrial uses are intended primarily
for the needs of such employees;
Finding: OAR 660-024-0045(10) allows subordinate and nonindustrial uses subject to
this rule. It is not applicable at this time since no site is being officially designated.
* OAR 660-024-0045 (11) If a participating city adds a site to its plan pursuant to this
rule, it must consider the site in any subsequent urban growth boundary evalua tion
conducted to determine local industrial land needs and the adequacy of land available
to meet local industrial land needs.
Finding: OAR 660-024-0045(11) requires a participating city to evaluate a regional site
under this rule when they reevaluate or amend their local EOAs. It is not applicable at
this time since no site is being designated under this rule.
* OAR 660-024-0045 (12) A site may be considered developed or committed to
industrial development if a large-lot traded sector user demonstrates a commitment to
develop the site by obtaining land use approvals such as site plan review or conditional
use permits, and
(a) Obtaining building permits; or
(b) Providing other evidence that demonstrates at least an equivalent commitment to
industrial development of the site as is demonstrated by a building permit.
PAGE 16 OF 21 – EXHIBIT “D” TO ORDINANCE 2013-002
Finding: OAR 660-024-0045(12) describes the circumstances for a site to be developed
or committed under this rule. It is not applicable at this time since no site has been
officially designated.
* OAR 660-024-0045 (13) The participating local governments shall review the analysis
after the regional supply of six sites has either been replenished by three additional
sites or after ten years, whichever comes first.
Finding: OAR 660-024-0045(13) requires participating local government to review the
program after ten years or after the regional supply of six sites has either been
replenished by three additional sites or after ten years, whichever comes first.
Section (6) - Other Statewide Planning Goals
The parameters for evaluating these specific amendments are based on an adequate
factual base and supportive evidence demonstrating consistency with Statewide
Planning Goals.
Finding: The following findings demonstrate that Ordinance 2013-002 complies with
applicable statewide planning goals and state law.
Goal 1, Citizen Involvement; see Section 2 starting on page 4.
Goal 2, Land Use Planning, is met because ORS 197.610 allows local
governments to initiate post acknowledgments plan amendments (PAPA). An
Oregon Land Conservation and Development Department 35-day notice was
initiated on November 29, 2012.30 This FINDINGS document and Analysis provides
the adequate factual basis for this plan update. 1000 Friends of Oregon v. City of
Dundee, 203 Or App 207 (2005) require Deschutes County to locally adopt the
Analysis as part of the comprehensive plan in order for local governments in the
county to base land use decisions upon it. OAR 660-024-0045(5b) also requires
local adoption.
Goal 3, Agricultural Lands and Goal 4, Forest Lands , is not applicable because
the County is adopting a technical document and several regional coordination and
large-lot industrial land policies into its Comprehensive Plan. No plan designation
changes, zoning map changes, development or land use changes are being
proposed on agricultural or forest lands.
Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces , is not
applicable because the County is adopting a technical document and several
regional coordination and large-lot industrial lands policies. No development or land
use changes are being proposed on or near inventoried Goal 5 resource lands.
30 Deschutes County completed period review on January 23, 2003.
PAGE 17 OF 21 – EXHIBIT “D” TO ORDINANCE 2013-002
Goal 6, Air, Water and Land Resources Quality, is not applicable because the
County is adopting a technical document and several regional coordination and
large-lot industrial land policies into its Comprehensive Plan. No development or
land use changes are being proposed that impact air, water and land resource
qualities.
Goal 7, Natural Hazards, is not applicable because the County is adopting a
technical document and several regional coordination and large -lot industrial land
policies into its Comprehensive Plan. No development or land use changes are
being proposed that impact natural hazards.
Goal 8, Recreational Needs, is not applicable because the County is adopting a
technical document and several regional coordination and large -lot industrial land
policies into its Comprehensive Plan. No development or land use changes are
being proposed on recreational resources.
Goal 9, Economic Development, is applicable because in coordination with its
regional partners, Deschutes County has prepared an Analysis of the economic
opportunities and constraints associated with users of large industrial parcels in the
Central Oregon. This document concludes that Central Oregon currently serves as
an integrated economic unit.
Goal 9 specifies that Comprehensive Plans for urban areas shall:
1. Include an analysis of the community's economic patterns, potentialities,
strengths, and deficiencies as they relate to state and national trends;
Findings: This requirement has already been addressed. See the findings
addressing ORS 197.712(1) above on page 5.
2. Contain policies concerning the economic development opportunities in the
community;
Finding: This requirement has already been addressed. See the findings addressing
ORS 197.712(2)(b) above on page 8.
3. Provide for at least an adequate supply of sites of suitable sizes, types, locations,
and service levels for a variety of industrial and commercial uses consistent with
plan policies;
Finding: This requirement has already been addressed. See the findings addressing
ORS 197.712(2)(c) above on page 9.
4. Limit uses on or near sites zoned for specific industrial and commercial uses to
those which are compatible with proposed uses
PAGE 18 OF 21 – EXHIBIT “D” TO ORDINANCE 2013-002
Finding: This requirement has already been addressed. See the findings addressing
ORS 197.712(2)(d) above on page 9.
Goal 9 Planning Guidelines specify:
1. A principal determinant in planning for major industrial and commercial
developments should be the comparative advantage of the region within which the
developments would be located. Comparative advantage industries are those
economic activities which represent the most efficient use of resources, relative to
other geographic areas.
Finding: The Analysis documents large-lot trends and dynamics, the importance of a
large-lot supply and market choice, and target industry opportunities in Central
Oregon. EDCO, in participation with local leaders, went through the lengthy process
of identifying specific industry sectors for business recruitment, retention, and
entrepreneurial support. EDCO recognizes that the recruitment of companies in new
and existing industries is an important component of any successful economic
development program and diversification strategy. New companies bring a different
mix of professional and technical talent to communities that can spawn other
businesses and technologies.31
Business Oregon is mandated by ORS 197.717(2) to “provide a local government
with state and national trend” information to assist in compliance with ORS 197.712
(2)(a).” The department reviewed the Central Oregon area, and made the following
recommendations:
“Given its current size and expected growth, it is not unreasonable to
assume that the region being exam ined as part of the current Central
Oregon Large Lot Economic Opportunity Analysis should have a mix of
large-lot sizes for potential employers and site selectors to choose from.
Such a mix would have at least multiple ready sites in the 200, 100 and
50-acre plus acreage ranges in order to meet expected 20 year land
supply needs.”32
2. The economic development projections and the comprehensive plan which is
drawn from the projections should take into account the availability of the necessary
natural resources to support the expanded industrial development and associated
populations. The plan should also take into account the social, environmental,
energy, and economic impacts upon the resident population.
Finding: Deschutes County is fulfilling its coordination responsibilities by
collaborating with the Cities of Bend, La Pine, Redmond, and Sisters, as well as
Jefferson and Crook counties by responding to a specific short-term employment
land need recognized in new OARs and identified in an Analysis for large-lot
31 Roger Lee, Economic Development for Central Oregon Letter, June 3, 2011.
32 See note 9 above (Central Oregon Large-Lot Industrial Land Need Analysis), 60.
PAGE 19 OF 21 – EXHIBIT “D” TO ORDINANCE 2013-002
industrial sites in Central Oregon. Participating cities will need to address this
guideline when they conduct their alternative land and public facilities analyses and
inventory of employment lands when examining if the short-term regional need can
be met inside their respective UGB. OAR 660-024-0045(8) specifies:
A participating city may amend its comprehensive plan and land use
regulations, including UGBs, in order to designate a site in accordance
with the requirements of this rule, other applicable laws and the
intergovernmental agreement.
3. Plans should designate the type and level of public facilities and services
appropriate to support the degree of economic development being proposed .
Finding: The timing for designating suitable sizes, types and locations of large-lot
employment sites, consistent with public facility and trans portation system plans will
occur when cities choose to implement this program . As noted in the findings
addressing ORS 197.712 (2)(g) on Page 9, OAR 660-025-0045(8) requires a
participating city, when amending its UGB, to comply with applicable laws. Those
laws include the Transportation Planning Rule (OAR 660 -012-0060) and Boundary
Location Alternative Analysis with respect to the provision of public facilities and
services (OAR 660-024-0060(8)).
4. Plans should strongly emphasize the expansion of and increased productivity
from existing industries and firms as a means to strengthen local and regional
economic development.
Finding: New OARs allow Central Oregon to address industries with a need for
large-lot industrial land to support the region’s economic development objectives.
The Analysis does not diminish the importance of small existing, start-up firms. What
it does do is note that these firms represent only a portion of the spectrum of firms,
and a balanced economic development program would provide for these types of
firms as well as larger industrial firms. The two categories are comp limentary, not
competitive. Efforts to help existing companies (large and small) to grow or sustain
their employment have been in place for more than a decade. Efforts to help start -
ups and early stage companies are also solidly established. EDCO understands that
most jobs come from existing companies, which is why it dedicates more than 50%
of its efforts to fostering entrepreneurship and the retention/expansion of existing
traded-sector companies.
5. Plans directed toward diversification and improvement of the economy of the
planning area should consider as a major determinant, the carrying capacity of the
air, land and water resources of the planning area. The land conservation and
development actions provided for by such plans should not exceed the carrying
capacity of such resources.
Finding: This is a carrying capacity issue and not a coordination one. The air, land
and water resource carrying capacity of the region will be accounted for, managed
PAGE 20 OF 21 – EXHIBIT “D” TO ORDINANCE 2013-002
and maintained during the identification and development of regional large-lot
industrial sites. This will be achieved through individual jurisdictions applying their
Comprehensive Plan policies and development code regulations/standards to
evaluate and regulate large-lot development proposals and through application of
development regulations and guidance found in the (required to be adopted) large-
lot industrial overlay zone.
Deschutes County is fulfilling its coordination responsibilities by collaborating with
the Cities of Bend, La Pine, Redmond, and Sisters, as well as Jefferson and Crook
counties by responding to a specific employment land need identified in the Analysis
for large-lot industrial sites in Central Oregon. Participating cities will need to
address this guideline, which is also cited in Statewide Planning Goal 6, when they
conduct their alternative land and public facilities analyses and inventory of
employment lands when examining if the short-term regional need can be met inside
their respective UGB.
Goal 10, Housing is not applicable because, unlike municipalities, unincorporated
areas are not obligated to fulfill certain housing requirements.
Goal 11, Public Facilities is not applicable because the County is adopting a
technical document and several regional coordination and large -lot industrial land
policies into its Comprehensive Plan. No development or land use changes are
being proposed that impact public facilities.
Goal 12, Transportation, is not applicable because the County is adopting a
technical document and several regional coordination and large -lot industrial land
policies into its Comprehensive Plan. No development or land use changes are
being proposed that impact local or state transportation facilities.
Goal 13, Energy Conservation, is not applicable because the County is adopting a
technical document and several regional coordination and large -lot industrial land
policies into its Comprehensive Plan. No development or land use changes are
being proposed that warrant energy conservation.
Goal 14, Urbanization, is met because developing a short-term supply of large
readily available industrial sites is not currently part of region al economic
development efforts. New OARs specifically grant local governments in Central
Oregon that ability to determine the need for regional large -lot industrial land by
following the provisions of OAR 660-024-0045. By adopting the Analysis as allowed
under OAR 660-024-0045(2)(a), Deschutes County has demonstrated that there is a
regional large lot employment land need that is not presently being met by local
governments in Central Oregon. Regional large-lot employment need is defined in
OAR 660-024-0045(2)(e) as a need for a specific type of 20 -year employment land
need. Participating cities as noted under OAR 660-024-0045(5a) and (5b), can adopt
the Analysis to provide the factual basis for the determination of regional large lot
employment land need. Lastly, as specified in OAR 660-024-0045(6), participating
PAGE 21 OF 21 – EXHIBIT “D” TO ORDINANCE 2013-002
cities may adopt the Analysis and enter into an intergovernmental agreement without
amending their existing EOA.
Goals 15 through 19 are not applicable to any amendments to the County’s
comprehensive plan because the county has none of those types of lands.
Section (7) - Deschutes County Comprehensive Plan
* Urbanization Chapter
Finding: This plan amendment is consistent with the Comprehensive Plan, Section 4.2,
Urbanization, Urbanization Goals and Policies as shown in Ordinance 2013-002, Exhibit
B. This amendment specifically fulfills the County’s first and second urbanization goals,
by providing a factual basis for urbanizing large -lot industrial sites in Central Oregon
and fostering intergovernmental cooperation.
Attachment:
Central Oregon Large Lot Industrial Land Need Analysis
1
660-024-0040
Land Need
(1) The UGB must be based on the adopted 20-year population forecast for the urban area described in
OAR 660-024-0030, and must provide for needed housing, employment and other urban uses such as
public facilities, streets and roads, schools, parks and open space over the 20-year planning period
consistent with the land need requirements of Goal 14 and this rule. The 20-year need determinations
are estimates which, although based on the best available information and methodologies, should not
be held to an unreasonably high level of precision. Local governments in Crook, Deschutes or Jefferson
Counties may determine the need for Regional Large-Lot Industrial Land by following the provisions of
OAR 660-024-0045 for areas subject to that rule.
…
(5) Except for a metropolitan service district described in ORS 197.015(13), the determination of 20-year
employment land need for an urban area must comply with applicable requirements of Goal 9 and OAR
chapter 660, division 9, and must include a determination of the need for a short-term supply of land for
employment uses consistent with OAR 660-009-0025. Employment land need may be based on an
estimate of job growth over the planning period; local government must provide a reasonable
justification for the job growth estimate but Goal 14 does not require that job growth estimates
necessarily be proportional to population growth. Local governments in Crook, Deschutes or Jefferson
Counties may determine the need for Regional Large-Lot Industrial Land by following the provisions of
OAR 660-024-0045 for areas subject to that rule.
OAR 660-024-0045 Regional Large Lot Industrial Land
(1) Local governments in Crook, Deschutes or Jefferson Counties may determine a need for large lot
industrial land in the region and provide sites to meet that need in accordance with this rule.
(2) In addition to the definitions in OAR 660-024-0010, the following definitions apply to this rule:
(a) “Analysis” means the document that determines the regional large lot industrial land need within
Crook, Deschutes, or Jefferson County that is not met by the participating local governments’
comprehensive plans at the time the analysis is adopted. The analysis shall also identify necessary site
characteristics of needed land.
(b) “COIC” means the Central Oregon Intergovernmental Council.
(c) “Intergovernmental Agreement (IGA)” means the document adopted by the three counties and any
participating city to implement the provisions of the analysis.
2
(d) “Participating city” means a city within Crook, Deschutes, or Jefferson County that has adopted
the analysis and entered into the intergovernmental agreement to implement the provisions of the
analysis.
(e) “Participating local government” means Crook, Deschutes, and Jefferson Counties, and
participating cities.
(f) “Regional large lot industrial land need” means the need for a specific type of 20-year employment
land need, as described in OAR 660-024-0040(1) and (5), that is determined based upon the analysis.
(g) “Site” means land in the region that:
(A) Provides the site characteristics necessary for traded sector uses as set forth in the analysis ;
(B) Is 50 acres or larger as provided in section (3) of this rule; and
(C) Is determined to be "available," as that term is defined in OAR 660-009-0025(7), for regional large-
lot industrial users and for purposes identified by the analysis.
(h) “Site characteristics” has the meaning given that term in OAR 660-009-0005(1).
(i) “Traded Sector use” has the meaning given that term in ORS 285B.280.
(3) For purposes of subsection (2)(g) of this rule, a large lot is at least 50 acres if it is:
(a) A single lot, parcel that is at least 50 acres,
(b) An aggregation of existing lots or parcels under the same ownership that comprises at least 50
acres, or
(c) An aggregation of existing lots or parcels not in the same ownership created and maintained as a
unit of land comprising at least 50 acres through a binding agreement among the owners.
(4) Participating local governments may adopt the analysis and implement its provisions. The analysis
may demonstrate a need for six vacant, suitable and available sites in the region, and up to three
additional sites that may be designated in order to replace one of the original six sites that is
developed or committed to development as provided in section (12) of this rule. The original six sites
must include two sites of at least 100 acres and not more than 200 acres, and one site more than 200
acres.
(5) If a participating city adopts the analysis, it is deemed to provide an adequate factual basis for the
determination of regional large lot industrial land need for that city provided:
3
(a) The city and other participating local governments have entered into an intergovernmental
agreement with the COIC, and
(b) The analysis is adopted by Crook, Deschutes and Jefferson Counties.
(6) Participating cities may adopt the analysis and enter into the intergovernmental agreement
without amending the Economic Opportunities Analysis adopted by the city prior to the adoption of
the analysis.
(7) The intergovernmental agreement shall describe the process by which the COIC shall coordinate
with participating local governments in:
(a) The determination of a qualifying site that a participating city may designate in order to satisfy the
regional large lot industrial land need; and
(b) The allocation of the qualifying sites among the participating cities in accordance with section (4)
of this rule.
(8) A participating city may amend its comprehensive plan and land use regulations, including urban
growth boundaries (UGB), in order to designate a site in accordance with the requirements of this
rule, other applicable laws and the intergovernmental agreement, as follows:
(a) A participating city must show whether a suitable and available site is located within its existing
UGB. If a participating city determines that a suitable site already exists within the city’s urban growth
boundary, that site must be designated to meet the regional industrial land need. Cities shall not be
required to evaluate lands within their UGB designated to meet local industrial land needs.
(b) If a site is not designated per subsection(a), then a participating city may evaluate land outside the
UGB to determine if any suitable sites exist. If candidate sites are found, the city may amend its UGB
in accordance with Goal 14, other applicable laws and the intergovernmental agreement.
(9) A participating city that designates a site shall apply a regional large-lot industrial zone or overlay
zone to the site in order to protect and maintain the site for regional large lot purposes. The zone or
overlay zone must:
(a) Include development agreements and other provisions that prevent redesignation of the site for
other uses for at least 10 years from the time the site is added to the city’s comprehensive plan to
meet regional large lot industrial land needs;
(b) Prohibit division or separation of lots or parcels within the site to new lots or parcels less than the
minimum size of the site need until the site is developed with a primary traded sector use requiring a
large lot; and
(c) Limit allowed uses on the site to the traded sector uses, except as provided in section (10) of this
rule.
4
(10) The zone or overlay zone established under section (9) may allow:
(a) Subordinate industrial uses that rely upon and support the primary traded sector use when a site is
occupied by a primary traded sector use; and
(b) Non-industrial uses serving primarily the needs of employees of industrial uses developed on the
site provided the zone includes measures that limit the type, size and location of new buildings so as
to ensure such non-industrial uses are intended primarily for the needs of such employees;
(11) If a participating city adds a site to its plan pursuant to this rule, it must consider the site in any
subsequent urban growth boundary evaluation conducted to determine local industrial land needs
and the adequacy of land available to meet local industrial land needs.
(12) A site may be considered developed or committed to industrial development if a large-lot traded
sector user demonstrates a commitment to develop the site by obtaining land use approvals such as
site plan review or conditional use permits, and
(a) Obtaining building permits; or
(b) Providing other evidence that demonstrates at least an equivalent commitment to industrial
development of the site as is demonstrated by a building permit.
(13) The participating local governments shall review the analysis after the regional supply of six sites
has either been replenished by three additional sites or after ten years, whichever comes first.