HomeMy WebLinkAboutOrdnc 019 - Desch Natl Forest - UGBPA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 1
EXHIBIT C
TO ORDINANCE 2011-019
DECISION OF THE DESCHUTES COUNTY HEARINGS OFFICER
FILE NUMBERS: PA-11-1, ZC-10-1, MA-11-3
APPLICANT: Deschutes County
117 NW Lafayette Avenue
Bend, OR 97701
OWNER: Deschutes National Forest
1001 SW Emkay Drive
Bend, OR 97702
REQUEST: Proposed amendments to change the Comprehensive Plan map
designation of the subject property from Urban Reserve Area (URA)
to Public Facilities (PF), change the zone of the subject property from
Urban Area Reserve (UAR10) to Public Facilities (PF), and expand
the City of Bend Urban Growth Boundary to include the 26-acre
Deschutes National Forest property.
HEARING DATE: May 2, 2011
RECORD CLOSED: May 2, 2011
STAFF CONTACT: Nick Lelack, Planning Directory
I. APPLICABLE STANDARDS & CRITERIA:
A. Oregon Administrative Rules (OAR) Chapter 660
Division 2, Interpretation of Goal 2 Exception Process
Division 12, Transportation Planning
Division 15, Statewide Planning Goals
Division 24, Urban Growth Boundaries
B. Oregon Revised Statues
Chapter 197, Comprehensive Land Use Planning Coordination
Section 298, Priority of Land to be Included Within Urban Growth
Boundary
C. Bend Urban Growth Boundary Zoning Ordinance, Title 19
Chapter 19.116, Amendments, Appeals and Procedures
Section 19.116.010, Amendments
Section 19.116.020, Standards for Zone Change
PA-11-1, ZC-10-1, MA-11-3
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D. Deschutes County Development Procedures Ordinance, Title 22
Chapter 22.28, Land Use Action Decisions
Section 22.28.030, Decision on Plan Amendments and Zone Changes
E. Deschutes County Comprehensive Plan, Title 23
Chapter 23.48, Urbanization
Section 23.48.030, Urban Growth Boundary Policies
Section 23.68.020, Public Facilities and Services Policies
F. Bend Area General Plan
G. Joint Management Agreement between the City of Bend and Deschutes County.
II. FINDINGS OF FACT:
A. LOCATION: The subject property is located at 63095 Deschutes Market Road, Bend,
and is identified on Deschutes County Assessor map 17-12-23, as tax lot 1800.
B. LOT OF RECORD: The subject property is part of the former United States Forest
Service (USFS) Bend Pine Nursery. Consistent with prior Hearings Officers decisions
in PA-07-5, PA-08-2/ZC-08-2/MA-08-8 and LR-07-52, I find the subject site is not a lot
of record, but that it need not be in order to be re-designated and rezoned.
C. SITE DESCRIPTION: The subject property is a 26-acre portion of the former Bend
Pine Nursery site which originally consisted of 210 acres. The Deschutes National Forest
(DNF) sold 184 acres of the original Pine Nursery to the Bend Metro Park and Recreation
District (park district) for development of public parks. The park district then conveyed
15 acres to the Bend-La Pine School District for Ponderosa Elementary. The 26-acre
parcel subject to this plan amendment application, is generally level, irregular in shape,
and developed with twelve buildings that serve a variety of Forest Service programs.
Water is available to the subject property from the Avion Water Company (Avion) and
city sewer facilities are located nearby. The subject property has direct access from
Deschutes Market Road, a designated rural collector road in the County, and a major
collector in the City of Bend.
Site History
The United States of America acquired the subject property in 1943, and beginning in the
late 1940’s the property housed the facilities of the Bend Pine Nursery. Subsequent to
the closure of the Bend Pine Nursery as a production nursery in 1999, the property
continued to be the location for warehouse and other support facilities for DNF and the
Bend-Fort Rock Ranger District.
D. SURROUNDING USES: The subject site is surrounded to the north and west by the
Bend Metro Park and Recreation District Pine Nursery community park. To the east are
primarily residential uses on lands zoned UAR-10. To the south are the North Unit
Irrigation Canal and residential uses on lands within the City of Bend zoned RS (Urban
Standard Residential).
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 3
E. PROCEDURAL HISTORY: The application for ZC-10-1 was submitted on March 11,
2010. The first evidentiary hearing was scheduled for April 27, 2010. Due to the nature
of the applications, notice of application along with a number of notices of public hearing
were mailed to property owners within 250 feet of the subject property. The Planning
Division also published notice of the public hearings in the Bend Bulletin. No comments
were received to any of the mailed or published notices.
The initial public hearing was continued six times to May 2, 2011.1 File number PA-11-
1 was submitted on January 11, 2011 with the intent that the zone change and plan
amendment be processed concurrently. County file PA-11-1 was modified via MA-11-3
on April 12, 2011 for the proposed 26-acre UGB amendment. At the first public hearing
and each of the continued hearings, the hearings officer provided opportunity for
testimony by the applicant and the public. Other than some preliminary comments made
at the first public hearing by the applicant, no other public testimony was offered at any
of the public hearings.
F. ADDITIONAL PROCEDURE: Land use actions adjacent to the City UGB in the
Urban Area Reserve are governed by a joint management agreement (JMA) adopted by
the City and Deschutes County (County) on February 24, 1998. This document calls for
cooperation between the City and County in planning for the UAR10 zone. For land use
decisions within the urban reserve and, therefore, outside of the UGB, the County retains
jurisdiction with a requirement that the City receive notice of the application. At this
time, the subject property is within the urban reserve. Therefore, the County retains
jurisdiction over the proposed plan amendment and zone change.
In addition to the proposed plan amendment and zone change, the applicant proposes to
expand the City UGB to include the 26-acre DNF site. Per the JMA, the City and County
share responsibility for processing UGB expansions. Quasi-judicial applications are
reviewed by a hearings officer at both the City and the County. Then, if approved, both
the County Commissioners and City Council will hold public hearings and adopt
implementing ordinances to enact the UGB expansion. Finally, the amendment must be
transmitted to the Oregon Department of Land Conservation and Development (DLCD)
for acknowledgement of compliance with applicable state land use laws.
As noted previously, the County only retains jurisdiction over those land use decisions
within the urban reserve and outside of the UGB. For this reason, if the proposed
amendments are approved they must be approved in the following order:
1. Plan Amendment and Zone Change
2. UGB expansion.
G. PROPOSAL: At this time, the DNF desires to locate all of its administrative functions
at one site in the vicinity of the City to improve efficiency and reduce costs. Currently,
administrative functions occupy four sites: Forest Headquarters office on Emkay Drive;
1 Each request for continuance is included in the record.
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 4
Bend-Fort Rock District office on NE 3rd Street; Scott Street Work Center on SW 2nd
Street; and Bend Pine Work Center on Deschutes Market Road (subject property). John
Allen, Forest Supervisor, in a Decision Notice dated January 17, 2008, authorized the
implementation of Alternative 2 of Environmental Assessment for the Collocation of the
Bend-Fort Rock Ranger District Office, Forest Headquarters Office, and Work Center
(no date). This decision would require the construction of a new office and expanded
work center at the Bend Pine Work Center, also known as Bend Pine Administrative Site.
A total of 12 sites were considered for the new collocated office and work center. Due to
the high cost of real estate, the Regional Forester and Forest Supervisor decided to
consider only sites owned by the Forest Service, which eliminated seven sites. The
remaining five sites were then analyzed in the Environmental Assessment (see below).
The applicant is proposing amendments to change the Comprehensive Plan Map
designation of the subject property from Urban Reserve Area (URA) to Public Facilities
(PF), change the zone of the subject property from Urban Area Reserve (UAR10) to
Public Facilities (PF), and expand the City UGB to include the 26-acre DNF property.
The 26-acre expansion site would accommodate the co-location of several DNF
operations including the construction of: 43,000-square-foot office, 12,000-square-foot
fire management building, 17,000-square-foot warehouse, 10,000 square feet of road and
maintenance shops, 5,600-square-foot crew quarters for seasonal employees, and
approximately 7.5 acres of paving for parking, access, and walkways. In addition to the
above-referenced construction, three existing buildings (packing shed, office, and north
pre-cooler) would be removed.
No development is proposed as part of these applications. The application materials
and supporting documents are incorporated herein by this reference.
H. AGENCY COMMENTS: The Planning Division mailed notice to several public
agencies and received the following comments.
Environmental Soils Division. [Deschutes National Forest] could apply for a Wastewater
Pollution Control Facility (WPCF) permit from DEQ.
[STAFF COMMENT: The above comment from Environmental Soils was based on the
original DNF relocation project which planned for on-site sewage disposal. The current
relocation project would connect to City sewer. No WPCF permit would be required.]
County Senior Transportation Planner. I’ve reviewed the materials for PA-11-1, ZC-10-1
regarding transportation findings. I have limited my comments to facilities under the
jurisdiction of Deschutes County. I agree with the proposed mitigation of a northbound
left-turn lane on Deschutes Market Road at the site’s access. I will defer to City of Bend
staff regarding comments and mitigations for affected intersections that are under the
City’s jurisdiction.
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 5
County Road Department. Deschutes Market Road is a County Road (rural collector
classification) with an ADT of 4784 (2008 count) and a paved width of 30 feet. If the UGB
expansion is approved, Deschutes Market Road would be under the City of Bend’s
jurisdiction along the eastern frontage of the subject property. Any road improvement to
Deschutes Market Road will have to meet City of Bend standards for an urban collector
street.
Bend Fire Department.
Fire Safety During Construction and Demolition – 2007 IFC Chapter 14
Approved fire department access roads, required water supply, fire hydrants, and safety
precautions shall be made available prior to the issuance of a building permit.
Water Supply - 2004 Oregon IFC Section 508
An approved water supply capable of supplying the required fire flow for fire protection
shall be provided to premises upon which facilities, buildings or portions of buildings are
hereafter constructed or moved into or within the jurisdiction. See the City of Bend Fire
Marshal for approval of firefighting water supply.
Obstruction & Protection of Fire Hydrant – 2007 Oregon IFC 508.5.4 through
508.5.6
A 3-foot clear space shall be maintained around the circumference of fire hydrants. When
exposed to vehicular damage, concrete curbing, sidewalks, or 4 inch concrete filled
bollards placed 3 feet from hydrants shall suitably protect fire hydrants. Hydrants shall be
coated with approved red paint color and markings.
Premises Identification - 2007 Oregon IFC 505.1
Approved numbers or addresses shall be placed on all new and existing buildings in such
a position as to be plainly visible and legible from the street or road fronting the property.
Said numbers shall contrast with their background and visible at night.
Street or Road Signs - 2007 Oregon IFC 505.2
Streets and roads shall be identified with approved signs. Signs shall be of an approved
size and weather resistive construction.
Fire Lanes - 2007 Oregon IFC 503.3
Approved signs or other approved notices shall be provided for fire apparatus access
roads to identify such roads or prohibit the obstruction thereof. Such signs or notices shall
be kept in legible condition at all times. Fire lane curbs shall be painted bright red with
white letters. The stroke shall be 1 inch with letters 6 inches high to read "No Parking
Fire Lane". Spacing for signage shall be every 50 feet.
Fire Apparatus Access Roads (General) - 2007 Oregon IFC Section 503 and
Appendix D
Fire apparatus access roads shall be placed within 150 of all exterior walls of the first
floor of all buildings. Fire apparatus access roads shall have an unobstructed width of not
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 6
less than 20 feet designed with an approved driving surface to support the imposed GVW
of 60,000 lbs. and a vertical clearance of not less than 13 feet 6 inches. Turning radius
shall not be less than 45 feet and gradient shall not exceed 12 percent unless the
authorities having jurisdiction approve a variance. Dead-end access roads in excess of
150 feet in length shall be provided with approved provisions for the turning around of
fire apparatus. A cul-de-sac, hammerhead or other means for the turning around of fire
apparatus may be approved.
Aerial Access Roads – 2007 Oregon IFC Appendix D, Section D105
Buildings or portions of buildings or facilities exceeding 30 feet in height above the
lowest level of fire department vehicle access shall be provided with approved fire
apparatus access roads capable of accommodating fire department aerial apparatus.
Overhead utility and power lines shall not be located within the aerial fire apparatus
access roadway. At least one of the required access routes meeting this condition shall be
located within a minimum of 15 feet and a maximum of 30 feet from the building, and
shall be positioned parallel to one entire side of the building.
Key Boxes - 2007 Oregon IFC Section 506
Key Box (Knox Box) for Fire Department access is required to be installed at all locked
gates and barriers. An application for the Knox Box is available by calling the Fire
Prevention office at (541) 322-6309.
Portable Fire Extinguishers - 2007 Oregon IFC Section 906
Fire extinguishers rating shall not be less than a 2A:10BC. Maximum unobstructed travel
distance to any approved extinguisher shall not be more than 75 feet.
Dumpsters - 2007 Oregon IFC 304.3
Dumpsters and containers with an individual capacity of 1.5 cubic yards or more shall not
be stored in buildings or placed within 5 feet of combustible walls, openings, or
combustible roof eves unless area is protected by an approved automatic fire sprinkler
system.
Gas Meters & Piping - 2007 Oregon IFC Section 312
Aboveground gas meters, regulators and piping exposed to vehicular damage due to
proximity to alleys, driveways or parking areas shall be protected in an approved manner.
The following agencies and individuals did not respond to the notice: County Assessor,
County Building Division, Central Oregon Irrigation District, Swalley Irrigation District,
Avion Water Company, City of Bend Planning Department, City of Bend Public Works
Department, Department of Environmental Quality, Department of Land Conservation
and Development, and Oregon Department of Transportation.
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 7
III. CONCLUSIONS OF LAW
A. Statewide Planning Goals
1. Goal 1: Citizen Involvement
Oregon Statewide Planning Goal 1 seeks “To develop a citizen involvement
program that insures the opportunity for citizens to be involved in all phases
of the planning process.”
FINDING: During this land use process, public notice was provided by the county to
affected agencies and surrounding property owners. The County Hearings Officer held a
public hearing on May 2, 2011. The Board of County Commissioners will also hold a
public hearing. The City of Bend will also provide notice for their concurrent process.
Goal 1 is met.
2. Goal 2: Land Use Planning
Oregon Statewide Planning Goal 2 seeks “To establish a land use planning
process and policy framework as a basis for all decision and actions related
to use of land and to assure an adequate factual base for such decisions and
actions.”
FINDING: In compliance with Goal 2, concurrent applications were processed with the
City and County to expand the Bend UGB. Based on the record, there is sufficient
information to demonstrate an adequate factual basis and to enable both jurisdictions to
make an informed decision regarding the proposed amendments. Goal 2 is met.
3. Goal 3: Agricultural Lands; Goal 4: Forest Lands
Oregon Statewide Planning Goal 3 seeks “To preserve and maintain
agricultural lands.”
Oregon Statewide Planning Goal 4 seeks “To conserve forest lands”
FINDING: The subject property is not identified as agricultural or forest land on either
the Bend Area General Plan or Deschutes County Comprehensive Plan Maps. The
subject property is identified as Urban Area Reserve in both Plans. Under OAR 660-024-
0020(1)(b), Goals 3 and 4 do not apply to UGB amendments. The application is
consistent with Goals 3 and 4.
4. Goal 5: Open Spaces, Scenic and Historic Areas, and Natural Resources
Oregon Statewide Planning Goal 5 seeks “To protect natural resources and
conserve scenic and historic areas and open spaces.”
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 8
FINDING: Goal 5 resources are listed in the county’s acknowledged Comprehensive
Plan. There are no identified Goal 5 resources on the site. Utilizing the selected site as
proposed will have no significant adverse impact on the amount of open space or scenic
views available in the County. Goal 5 is met.
Impacts on related resources:
Mineral and aggregate resources: The subject property has never been zoned for mineral
or aggregate resources.
Energy sources: There are no known energy resources on the site such as natural gas, oil,
coal or geothermal heat.
Fish and wildlife habitat: The property has no fish or wetland habitat. The site is
unlikely to contain threatened or endangered species. The site is already developed and
surrounded by development that limits its potential for threatened or endangered species.
Ecologically and scientifically significant natural areas, including desert areas: Nothing
about the selected site make it ecologically or scientifically significant.
Outstanding scenic views: Nothing about the site indicates it has a significantly better
view than other sites in the vicinity.
Water areas, wetlands, watersheds, and groundwater resources: There are no wetlands or
watersheds within the subject site. Although the North Unit Canal borders the subject
property to the south, there are no anticipated impacts to the canal or its waters. No
watersheds will be affected by the amendments. The site will be served by City sewer
and will not adversely affect the groundwater due to septic discharge.
Wilderness areas: The site does not meet the definition of “wilderness areas” as
described within the Oregon State Goals and Guidelines. The property is currently
developed with the Forest Service’s Bend Pine Work Center, and does not contain
pristine surroundings or old growth trees.
Historic areas, sites, structures and objects: The subject property has no structures listed
on the National Register of Historic Places. No structures or places of historical
significance have been determined to exist on or near the property selected.
Cultural areas: The site has no known cultural resources.
5. Goal 6: Air, Water and Land Resources Quality
Oregon Statewide Planning Goal 6 seeks “To maintain and improve the
quality of the air, water, and land resources of the state.”
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 9
FINDING: Maintaining or improving the quality of the community’s air, water and land
resources will be assured through enforcement of state and local regulations. Expansion
of the UGB and annexation of the parcel to the City of Bend will ensure connection to
City sewer services. The record shows that noise levels are unlikely to exceed DEQ
noise regulations.
6. Goal 7: Areas Subject to Natural Disasters and Hazards
Oregon Statewide Planning Goal 7 seeks “To protect people and property
from natural disasters and hazards”
FINDING: There are no areas within the site that are subject to flooding or landslide
activity. The wildfire hazard for the site is the same as other areas where junipers, pine
and native brush exist. Development of the site will reduce the potential for wildfires by
providing adequate water to meet the fire flow requirements for the proposed Forest
Service operations.
7. Goal 8: Recreational Needs; Goal 9: Economic Development; Goal 10:
Housing
Oregon Statewide Planning Goal 8 seeks “To satisfy the recreational needs of
the citizens of the state and visitors and, where appropriate, to provide for
the siting of necessary recreational facilities including destination resorts.”
Oregon Statewide Planning Goal 9 seeks “To provide adequate opportunities
throughout the state for a variety of economic activities vital to the health,
welfare, and prosperity of Oregon’s citizens.”
Oregon Statewide Planning Goal 10 seeks “To provide for the housing needs
of citizens of the state.”
FINDING: Given the small size and specific need addressed by the proposed UGB
expansion, staff found, and I agree, that Goals 8, 9, and 10 are not relevant.
8. Goal 11: Public Facilities and Services
Oregon Statewide Planning Goal 11 seeks “To plan and develop a timely,
orderly and efficient arrangement of public facilities and services to serve as
a framework for urban and rural development.”
FINDING: The record shows that the existing water lines and sewer service near the site
will allow for the efficient and cost effective extension of these needed services to the
site. As discussed in more detail below, planned improvements to City roadways will
provide adequate access to the site. For these reasons, the record is sufficient to show
that public facilities and services are available to serve the needs of the proposed Forest
Service operations.
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 10
9. Goal 12: Transportation
Oregon Statewide Planning Goal 12 seeks “To provide and encourage a safe,
convenient and economic transportation system.”
FINDING: OAR 660-012 implements Oregon Statewide Planning Goal 12. This rule
requires the City to prepare and adopt a Transportation System Plan (TSP) as part of its
comprehensive plan. The Bend Urban Area Transportation System Plan was adopted
October 11, 2000. The proposal’s compliance with OAR 660-012 is discussed below.
10. Goal 13: Energy Conservation
Oregon Statewide Planning Goal 13 seeks “To conserve energy.”
FINDING: The proposed amendments and co-location of multiple Forest Service
functions at a single site will improve operational efficiency and reduce operational costs.
In addition, co-location will eliminate Forest Service personnel trips between the four
current sites. Goal 13 is met.
11. Goal 14: Urbanization (amended effective April 28, 2005)
Oregon Statewide Planning Goal 14 seeks “To provide for orderly and
efficient transition from rural to urban use, to accommodate urban
population and urban employment inside urban growth boundaries, to
ensure efficient use of land, and to provide for livable communities.”
Urban Growth Boundaries
Urban growth boundaries shall be established and maintained by cities,
counties and regional governments to provide land for urban development
needs and to identify and separate urban and urbanizable land from rural
land. Establishment and change of urban growth boundaries shall be a
cooperative process among cities, counties and, where applicable, regional
governments. An urban growth boundary and amendments to the boundary
shall be adopted by all cities within the boundary and by the county or
counties within which the boundary is located, consistent with
intergovernmental agreements, except for the Metro regional urban growth
boundary established pursuant to ORS chapter 268, which shall be adopted
or amended by the Metropolitan Service District.
Land Need
Establishment and change of urban growth boundaries shall be based on the
following:
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 11
1. Demonstrated need to accommodate long-range urban population,
consistent with a 20-year population forecast coordinated with
affected local governments; and
2. Demonstrated need for housing, employment opportunities, livability
or uses such as public facilities, streets and roads, schools, parks or
open space, or any combination of the need categories in this
subsection (2).
In determining need, local government may specify characteristics, such as
parcel size, topography or proximity, necessary for land to be suitable for an
identified need. Prior to expanding an urban growth boundary, local
governments shall demonstrate that needs cannot reasonably be
accommodated on land already inside the urban growth boundary.
FINDING: The application materials include an Environmental Assessment for the
Collocation of the Bend-Fort Rock Ranger District Office, Forest Headquarters Office,
and Work Center (EA), which details the proposed co-location and the alternative sites
considered. According to the EA, current Forest Service regional policy and direction is
to co-locate facilities when those facilities are located within 35 miles of each other.
Forest Service administrative functions occupy four sites: Forest Headquarters office on
Emkay Drive; Bend-Fort Rock District office on NE 3rd Street; Scott Street Work Center
on SW 2nd Street; and Bend Pine Work Center (BPWC) on Deschutes Market Road. The
greatest distance between these sites is seven miles (Forest Headquarters Office to
BPWC).
Twelve sites were considered for the co-location project. Due to the high cost of real-
estate, the Regional Forester and Forest Supervisor decided to consider only sites owned
by the Forest Service. This eliminated seven sites from further consideration. The
remaining five sites are mapped in the EA and were identified as:
1. Bend Pine Work Center
2. Cascade Lakes site (Cascade Lakes Highway near the Entrada Lodge)
3. Scott Street Work Center
4. Knott Road/Baker Road interchange site
5. China Hat Road site
All of these sites were evaluated using the following criteria:
1. Ability to locate all Forest Service administrative functions at one site
2. Located within the Bend Urban Growth Boundary or Urban Reserve areas
3. Easy public access by major arterial roads or highways
4. Costs and level of complexity of development
5. A minimum of 10 acres in size
The record shows that the Scott Street site is the only Forest Service-owned site currently
within the Bend UGB. As required by the above criteria, the applicant must demonstrate
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 12
why the proposed need cannot be reasonably accommodated on land already inside the
UGB. In this case, the 6.4-acre Scott Street site would not be large enough to
accommodate the co-location proposal. The EA estimates that approximately 10-15 acres
of land are required to co-locate the various operations onto a single site.
With regard to the other sites, the EA identified specific characteristics which are
necessary for a site to be selected for the proposed co-location. Based upon these
characteristics, the applicant chose the Bend Pine Work Center (BPWC) as the preferred
alternative. The EA indicates that the BPWC site has a number of advantages including
sufficient land to accommodate the co-location, adjacency to the existing UGB, readily
available utilities such as sewer and water, and easy access to Highway 97 via Empire
Avenue (an urban arterial). Unlike the BPWC site, the three alternative sites which are
outside of the Bend UGB (Cascade Lakes, Knott Road, and China Hat Road) are not
adjacent to the existing UGB. Although the remaining sites (Cascade Lakes, Knott Road,
and China Hat Road) are all large enough to accommodate the co-location, the applicant
indicates that necessary public services such as City sewer and water are not readily
available at these sites.
In addition to the lack of available sewer and water service, the EA identifies other
considerations. With regard to the Cascade Lakes property, the EA cites relatively poor
access to Highway 97 because the Cascade Lakes property is located approximately four
miles from Highway 97, with the most direct route to the site via Reed Market Road
(primarily a local road). For the Knott Road site, there is no current road access.
Development of this site would require acquiring easements through private property.
The EA provides a sufficient basis for concluding that land needed for a proposed public
facility cannot be obtained at alternative sites within the Bend UGB.
Boundary Location
The location of the urban growth boundary and changes to the boundary
shall be determined by evaluating alternative boundary locations consistent
with ORS 197.298 and with consideration of the following factors:
FINDING: This criterion requires an evaluation of alternative boundary locations
consistent with ORS 197.298. This discussion is detailed below.
1. Efficient accommodation of identified land needs;
FINDING: DNF has identified a need to consolidate multiple Forest Service Operations
at a single site to increase efficiency and reduce costs. The subject property will have
ready access to necessary utilities such as sewer and water, and easy access to an arterial
(Empire) and highway (Highway 97). Additionally, the 26-acre BPWC site is large
enough to accommodate all of the applicant’s administrative functions.
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 13
The record shows that the DNF has demonstrated efficient accommodation of an
identified land need.
2. Orderly and economic provision of public facilities and services;
FINDING: Public facilities and services are available to the site. Avion water currently
serves the existing Forest Service operations on-site. A City sewer interceptor exists
along the south property line and the North Unit Canal. If the UGB expansion is
approved, DNF will extend and connect to these utilities. Fire protection service would
be provided by the Bend Fire Department, with police service provided by the Bend
Police Department. The record shows that stormwater runoff will be contained on-site.
The subject property has frontage along, and existing access to, Deschutes Market Road,
a publicly dedicated road.2
With regard to traffic impacts, a traffic study in the record (Ferguson & Associates, Inc.;
February 2008) reached the following conclusions:
• The project is forecast to generate 172 AM peak hour trips, 164 PM peak hour
trips, and 1,394 daily trips.
• The warrant for adding a northbound left-turn lane on Deschutes Market Road to
the entrance of the site was met for the year 20083 with the project during the a.m.
and p.m. peak hour for both driveways4 . The proposed driveway with left-turn
lane for northbound traffic would meet City of Bend operational standards for the
years 2011 and 2024 for both AM and PM peak hours.
• City of Bend Standards and Specifications are met for all study intersections with
two exceptions:
1. The intersection of Deschutes Market Road and Butler Market Road
would not meet City of Bend operational standards for PM peak hour
traffic for the year 2008 with or without the project. Traffic signal
warrants for both AM and PM peak traffic would be met for the year 2024
with or without the project.
2. The intersection of Butler Market Road at 27th Street would not meet City
of Bend operational standards for PM peak hour traffic for the year 2024
with or without the project.
2 If the UGB expansion is approved, Deschutes Market Road along the frontage of the subject property would
become a city facility.
3 The traffic study was completed in 2008 with an expected construction completion date in 2008. Therefore, the
traffic study references the project year as 2008. For the purposes of this staff report, the project year is 2011.
4 The original proposal contemplated two access driveways from Deschutes Market Road, one at the southern end of
the site near the North Unit Canal and one at the northern end. The revised Master Site Plan submitted on December
2, 2008 shows only the north driveway. The revised plan still proposes a northbound left-turn lane on Deschutes
Market Road to the subject property.
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 14
• Traffic mitigation improvements for intersections not meeting City standards
include:
1. A southbound right-turn lane on Deschutes Market Road at the Butler
Market Road intersection will meet the City of Bend operational standards
for 2008.
2. The City of Bend has a long term plan to widen 27th Street to five lanes at
the intersection with Butler Market Road and extend 27th Street north to
connect with Empire Avenue. The added capacity of a five-lane cross
section on 27th Street would offset anticipated traffic impacts.
• The applicant expects to pay their commensurate share of the above
improvements.
Subsequent to this traffic study, DNF and the City worked on transportation
mitigation measures to address the deficiencies at the intersections of Deschutes
Market Road/Butler Market Road and Butler Market Road/27th Street. As a result
of these negotiations, DNF has agreed to the following:
• Pay $130,000 to the City for the construction of the southbound right-turn lane
at Deschutes Market Road/Butler Market Road.5 This improvement would meet
the City of Bend operational standards for the project year.
• Pay $253,100 to fund future roundabout improvements to the Butler Market
Road/Deschutes Market Road and Butler Market Road/27th Street intersections.
According to the letter from Mr. Nick Arnis, City Transportation Manager, with
this contribution, in addition to the collection of system development charges and
future anticipated proportionate share contributions from other developments, the
planned transportation improvements for the Butler Market Road/Deschutes
Market Road and Butler Market Road/27th Street intersections are reasonably
likely to be provided by the end of the planning period. These two intersections
are under the jurisdictional responsibility of the City and are identified in the
City’s Transportation System Plan as planned facilities.
• Pay $68,152.60 for DNF’s proportionate share of the Empire Road Corridor
Project.
All of this information indicates that public facilities will be adequate to accommodate the
proposed use. The record shows that although the traffic study was conducted in 2008, and the
application relies on that study, there is no evidence in the record that circumstances have
changed significantly such that the analysis in the 2008 study would no longer be sufficient to
respond to Goal 14. In fact, testimony at the public hearing indicated that due to the economic
5 Based on staff’s conversation with Mr. Colin Stephens, City Planning Manager, the city plans a sewer pipeline
improvement project along the Butler Market Road right-of-way. Rather than have DNF construct the turn lane and
then have the pipeline project impact the roadway improvement, DFN has agreed to pay for the city to construct the
roadway improvement either after or concurrently with the pipeline project. Reference April 6, 2011 memo from
Ms. Mary Winters, City Attorney, and Mr. Stephens attached to April 6, 2011 email from Mr. Nick Lelack.
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 15
downturn beginning in 2008, demand for capacity in and around the roadways in question is
likely to have decreased from 2008 to the time of this decision.
3. Comparative environmental, energy, economic and social
consequences;
FINDING: The environmental, economic, social and energy consequences resulting
from the proposed amendments and expansion of existing DNF operations at the site are
discussed below.
Environmental: The 26-acre expansion site is flat and currently developed with the Bend
Pine Work Center, including a number of existing structures. No known rare or
endangered species occupy the site, and the site does not possess any significant natural
features such as wetlands, waterways (the North Unit Canal borders the site to the south),
or rim rock. Stormwater runoff will be contained on-site. The record shows that the
proposed amendments and DNF co-location of operations will have no significant
adverse impact on the environment.
Energy: The BPWC site is not known to contain energy resources such as known
deposits of oil and natural gas, or geothermal resources. The availability of other
potential energy sources, such as wind and solar, is equal to any other property in the
surrounding area. Since the site will allow the co-location of numerous administrative
and operational functions at a single site, employee trips between the four existing sites
will be greatly reduced. Therefore, the proposed amendments and DNF co-location of
operations will not have a significant adverse impact on energy resources.
Economic: According to the EA, both the Forest Headquarters and Bend-Fort Rock
(BFR) offices are leased. The combined lease payment for these two locations is
approximately $1,000,000 per year. The proposed UGB expansion and co-location will
allow DNF to save that money for their operations. Additionally, the co-location will
reduce travel time and costs associated with DNF personnel commuting between the four
existing sites. The proposed co-location will provide an economic benefit to DNF and
the public.
Social: The Statewide Planning Goals define Social Consequences as follows:
The tangible and intangible effects upon people and their relationships with the
community in which they live resulting from a particular action or decision.
According to the record, one tangible effect will be increased traffic. An intangible effect
could include a feeling from the community that the development is significantly more
intense than what would be expected given the predominantly residential and community
park uses that surround the site. An additional intangible effect could be an increased
level of frustration from the community due to increased vehicle trips. However, once
the proposed amendments are approved, the subject property will be annexed into the
City and zoned PF to allow greater development density, and as discussed in the findings
above, DNF will contribute to the cost of transportation facility improvements.
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 16
For all these reasons, I find that the Environmental Assessment is sufficient to
demonstrate the comparative environmental, energy, economic and social consequences
of DNF’s project were considered.
4. Compatibility of the proposed urban uses with nearby agricultural
and forest activities occurring on farm and forest land outside the
UGB.
FINDING: The BPWC site is not located near agricultural or forest activities. The site
is surrounded on the north and west side by the Pine Nursery community park, on the east
side by Deschutes Market Road and rural residential uses on UAR-zoned lands, and on
the south by the North Unit Canal and urban residential development on lands within the
City of Bend zoned RS (Urban Standard Residential). The record shows that the
proposed amendments or co-location will not adversely impact farm and forest land
outside the UGB.
Urbanizable Land
Land within urban growth boundaries shall be considered available for
urban development consistent with plans for the provision of urban facilities
and services. Comprehensive plans and implementing measures shall
manage the use and division of urbanizable land to maintain its potential for
planned urban development until appropriate public facilities and services
are available or planned.
FINDING: Both the City and the County have developed comprehensive plans and
implementing ordinances to manage the use and division of urbanizable land in order to
maintain its potential for planned urban development. Based on all the information in the
record, the proposal is consistent with those plans.
Unincorporated Communities
FINDING: The expansion site is not located within an unincoporated community.
Single-Family Dwellings in Exception Areas
FINDING: No single-family dwellings are proposed.
Rural Industrial Development
FINDING: No industrial development is proposed.
12. Goal 15: Willamette River Greenway; Goal 16: Estuarine Resources; Goal
17: Coastal Shorelands; Goal 18: Beaches and Dunes; Goal 19: Ocean
Resources
FINDING: These Goals are not applicable.
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 17
B. Oregon Revised Statutes, 197.298
Priority of Land to be Included Within Urban Growth Boundary.
(1) In addition to any requirements established by rule addressing urbanization,
land may not be included within an urban growth boundary except under
the following priorities:
(a) First priority is land that is designated urban reserve land under ORS
195.145, rule or metropolitan service district action plan.
(b) If land under paragraph (a) of this subsection is inadequate to
accommodate the amount of land needed, second priority is land
adjacent to an urban growth boundary that is identified in an
acknowledged comprehensive plan as an exception area or
nonresource land. Second priority may include resource land that is
completely surrounded by exception areas unless such resource land
is high-value farmland as described in ORS 215.710.
FINDING: As noted in foregoing findings, Goal 14 requires the proposed expansion to
be consistent with ORS 197.298. Although the subject property is designated as Urban
Area Reserve in both the Bend Area General Plan and the Deschutes County
Comprehensive Plan, these lands were not designated under ORS 195.145. Rather, these
lands were designated prior to implementation of ORS 195 and, therefore, the City does
not have any ‘first priority’ lands available for the proposed need-specific UGB
expansion. The subject property is considered an exception area and consequently is
categorized as a ‘second priority’ land, which is the highest priority land available.
(c) If land under paragraphs (a) and (b) of this subsection is inadequate
to accommodate the amount of land needed, third priority is land
designated as marginal land pursuant to ORS 197.247 (1991 Edition).
(d) If land under paragraphs (a) to (c) of this subsection is inadequate to
accommodate the amount of land needed, fourth priority is land
designated in an acknowledged comprehensive plan for agriculture or
forestry or both.
FINDING: Because the subject property is classified as second priority, these sections
do not apply.
(2) Higher priority shall be given to land of lower capability as measured by the
capability classification system or by cubic foot site class, whichever is
appropriate for the current use.
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 18
FINDING: The EA included in the record indicates the soils on the subject property
“are mainly Deskamp series,” described as loamy sands for which wind erosion and high
permeability are concerns. The EA states “manure and chemicals were added to the soils
during the former nursery operations.” The EA also states that with the proposed
development of the site, approximately 10 acres of soil would be placed in a non-
productive state due to construction of buildings, and the remaining approximately 16
acres would be landscaped and irrigated to maintain soil productivity. The record does
not indicate the National Resource Conservation Service (NRCS) capability rating or
classification for these soils or how those ratings compare with ratings for soils on other
potential sites. It is likely that the without the soil amendments that have occurred over
time, that the soil capability of the subject site would be no better than the alternative
sites considered. This provision is met.
(3) Land of lower priority under subsection (1) of this section may be included in
an urban growth boundary if land of higher priority is found to be
inadequate to accommodate the amount of land estimated in subsection (1) of
this section for one or more of the following reasons;
(a) Specific types of identified land needs cannot be reasonably
accommodated on higher priority lands;
(b) Future urban services could not be provided to the higher priority
due to topographical or other physical constraints; or,
(c) Maximum efficiency of land uses within a proposed urban growth
boundary requires inclusion of lower priority lands in order to
include or to provide services to higher priority lands.
FINDING: As discussed above, there is no first priority land, and the subject property
constitutes second priority land and the highest priority land available.
C. Oregon Administrative Rules (ORS)
1. Section 660-004-0010, Application of the Goal 2 Exception Process to Certain
Goals.
C. When a local government changes an established urban growth
boundary applying Goal 14 as amended April 28, 2005, a goal
exception is not required unless the local government seeks an
exception to any of the requirements of Goal 14 or other applicable
goals.
FINDING: The County has applied Goal 14 as amended April 28, 2005. Since the
applicant does not seek any goal exception, a goal exception is not required for the
proposed UGB expansion.
2. Section 660-012-0060, Plan and Land Use Regulation Amendments.
(1) Where an amendment to a functional plan, an acknowledged
comprehensive plan, or a land use regulation would significantly
affect an existing or planned transportation facility, the local
government shall put in place measures as provided in section (2) of
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 19
this rule to assure that allowed land uses are consistent with the
identified function, capacity, and performance standards (e.g. level of
service, volume to capacity ratio, etc.) of the facility. A plan or land
use regulation amendment significantly affects a transportation
facility if it would:
(a) Change the functional classification of an existing or planned
transportation facility (exclusive of correction of map errors in
an adopted plan);
(b) Change standards implementing a functional classification
system; or
(c) As measured at the end of the planning period identified in the
adopted transportation system plan:
(A) Allow land uses or levels of development that would
result in types or levels of travel or access that are
inconsistent with the functional classification of an
existing or planned transportation facility;
(B) Reduce the performance of an existing or planned
transportation facility below the minimum acceptable
performance standard identified in the TSP or
comprehensive plan; or
(C) Worsen the performance of an existing or planned
transportation facility that is otherwise projected to
perform below the minimum acceptable performance
standard identified in the TSP or comprehensive plan.
(2) Where a local government determines that there would be a
significant effect, compliance with section (1) shall be accomplished
through one or a combination of the following:
(a) Adopting measures that demonstrate allowed land uses are
consistent with the planned function, capacity, and
performance standards of the transportation facility.
(b) Amending the TSP or comprehensive plan to provide
transportation facilities, improvements or services adequate to
support the proposed land uses consistent with the
requirements of this division; such amendments shall include a
funding plan or mechanism consistent with section (4) or
include an amendment to the transportation finance plan so
that the facility, improvement, or service will be provided by
the end of the planning period.
(c) Altering land use designations, densities, or design
requirements to reduce demand for automobile travel and
meet travel needs through other modes.
(d) Amending the TSP to modify the planned function, capacity or
performance standards of the transportation facility.
(e) Providing other measures as a condition of development or
through a development agreement or similar funding method,
including transportation system management measures,
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 20
demand management or minor transportation improvements.
Local governments shall as part of the amendment specify
when measures or improvements provided pursuant to this
subsection will be provided.
(3) Notwithstanding sections (1) and (2) of this rule, a local government
may approve an amendment that would significantly affect an existing
transportation facility without assuring that the allowed land uses are
consistent with the function, capacity and performance standards of
the facility where:
(a) The facility is already performing below the minimum
acceptable performance standard identified in the TSP or
comprehensive plan on the date the amendment application is
submitted;
(b) In the absence of the amendment, planned transportation
facilities, improvements and services as set forth in section (4)
of this rule would not be adequate to achieve consistency with
the identified function, capacity or performance standard for
that facility by the end of the planning period identified in the
adopted TSP;
(c) Development resulting from the amendment will, at a
minimum, mitigate the impacts of the amendment in a manner
that avoids further degradation to the performance of the
facility by the time of the development through one or a
combination of transportation improvements or measures;
(d) The amendment does not involve property located in an
interchange area as defined in paragraph (4)(d)(C); and
(e) For affected state highways, ODOT provides a written
statement that the proposed funding and timing for the
identified mitigation improvements or measures are, at a
minimum, sufficient to avoid further degradation to the
performance of the affected state highway. However, if a local
government provides the appropriate ODOT regional office
with written notice of a proposed amendment in a manner that
provides ODOT reasonable opportunity to submit a written
statement into the record of the local government proceeding,
and ODOT does not provide a written statement, then the local
government may proceed with applying subsections (a)
through (d) of this section.
(4) Determinations under sections (1)-(3) of this rule shall be coordinated
with affected transportation facility and service providers and other
affected local governments.
(a) In determining whether an amendment has a significant effect
on an existing or planned transportation facility under
subsection (1)(c) of this rule, local governments shall rely on
existing transportation facilities and services and on the
planned transportation facilities, improvements and services
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 21
set forth in subsections (b) and (c) below.
(b) Outside of interstate interchange areas, the following are
considered planned facilities, improvements and services:
(A) Transportation facilities, improvements or services that
are funded for construction or implementation in the
Statewide Transportation Improvement Program or a
locally or regionally adopted transportation
improvement program or capital improvement plan or
program of a transportation service provider.
(B) Transportation facilities, improvements or services that
are authorized in a local transportation system plan and
for which a funding plan or mechanism is in place or
approved. These include, but are not limited to,
transportation facilities, improvements or services for
which: transportation systems development charge
revenues are being collected; a local improvement
district or reimbursement district has been established
or will be established prior to development; a
development agreement has been adopted; or conditions
of approval to fund the improvement have been
adopted.
(C) Transportation facilities, improvements or services in a
metropolitan planning organization (MPO) area that
are part of the area's federally-approved, financially
constrained regional transportation system plan.
(D) Improvements to state highways that are included as
planned improvements in a regional or local
transportation system plan or comprehensive plan
when ODOT provides a written statement that the
improvements are reasonably likely to be provided by
the end of the planning period.
(E) Improvements to regional and local roads, streets or
other transportation facilities or services that are
included as planned improvements in a regional or local
transportation system plan or comprehensive plan
when the local government(s) or transportation service
provider(s) responsible for the facility, improvement or
service provides a written statement that the facility,
improvement or service is reasonably likely to be
provided by the end of the planning period.
FINDING: The traffic study identifies impacts to Deschutes Market Road, the
intersection of Deschutes Market Road/Butler Market Road, and the intersection of
Butler Market Road/27th Street that would reduce the performance of these existing
transportation facilities. The traffic study also identifies a number of mitigation measures
to address these impacts:
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 22
1. A northbound left-turn lane on Deschutes Market Road to the site would meet
City of Bend operational standards for the years 2008 and 2024 for both AM and
PM peak hours.
2. A southbound right-turn lane on Deschutes Market Road at the Butler Market
Road intersection would meet the City of Bend operational standards for 2008.
3. The City of Bend has a long term plan to widen 27th Street to five lanes at the
intersection with Butler Market Road and extend 27th Street north to connect with
Empire Avenue.
As previously detailed, DNF proposes to construct the northbound left-turn lane and pay
the City to construct the southbound right-turn lane.
To address future improvements to the Butler Market Road/27th Street and Butler Market
Road/Deschutes Market Road intersections, the City proposes the following findings (see
January 28, 2011 letter from Mr. Stephens),
The City of Bend’s Transportation System Plan (TSP) states that where arterial streets
intersect other arterial streets, traffic signals or roundabouts are to be installed (6.5.2.1).
Deschutes Market Road, Butler Market Road, 27th Street and Empire Street are all
classified as arterial streets in the TSP. The Bend City Council’s Transportation
Implementation Plan contains a policy that directs staff to consider roundabouts as the
preferred intersection option. The planned improvement to the Butler Market/27th Street
Intersection is a double-lane roundabout. The planned improvement to the Butler
Market/Deschutes Market intersection is also a roundabout. These two intersections are
under the jurisdictional responsibility of the City of Bend and are included in the City’s
TSP as planned facilities.
When the roundabouts described above are constructed, they will operate within the
acceptable level of service with the addition of the trips produced by re-designating and
rezoning the Forest Service site from Urban Area Reserve (UAR) to Public Facilities
(PF). Under Oregon Administrative Rule (OAR) Transportation Planning Rule (TPR)
section 660.012.0060(4)(b)(E) these intersections are considered “planned” facilities
when the jurisdiction responsible for the facilities provides a statement in writing that the
improvements are reasonably likely to be provided by the end of the planning period. On
January 28, 2011 the City of Bend provided a letter to Deschutes County stating that
these facilities are reasonably likely to be provided by the end of the planning period.
The funding to construct these improvements will come from a combination of the
calculated proportionate share payment of $251,100 from the Forest Service to the City
to ameliorate the impacts of their new trips, System Development Charge (SDC)
collections and “proportionate share contributions” from future development authorized
under Bend Development Code section 4.7.400 C. and 4.7.500 B. which require a
development to pay the incremental cost of the final intersection improvements needed to
accommodate the new trips generated by the development. This payment is made at the
time of site plan review or subdivision approval.
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 23
Under ORS 660.012.0060(4)(b)(E), the City of Bend provided a written statement that the
improvements to Deschutes Market Road/Butler Market Road intersection and the 27th
Street/Butler Market Road intersection are reasonably likely to be provided by the end of
the planning period. Therefore, there is no “significant effect” on these facilities under
ORS 660.012.0060(1) and the Transportation Planning Rule is satisfied.
The information in the traffic study and the identified mitigation measures are sufficient
to demonstrate that the requirements of the Transportation Planning Rule are be met.
3. Section 660-024-0000, Purpose and Applicability.
(1) The rules in this division clarify procedures and requirements of
Goal 14 regarding local government adoption or amendment of an
urban growth boundary (UGB).
…
(3) The rules in this division are effective April 5, 2007, except as follows:
(a) A local government may choose to apply this division prior to
April 5, 2007;
(b) A local government may choose to not apply this division to a
plan amendment concerning the evaluation or amendment of a
UGB, regardless of the date of that amendment, if the local
government initiated the evaluation or amendment of the UGB
prior to April 5, 2007;
FINDING: These rules became effective April 5, 2007. The proposed plan amendment
application for the UGB expansion was submitted on April 7, 2011, therefore, these rules
apply.
4. Section 660-024-0020, Adoption or Amendment of a UGB
(1) All statewide goals and related administrative rules are applicable
when establishing or amending a UGB, except as follows:
(a) The exceptions process in Goal 2 and OAR 660, division 4, is
not applicable unless a local government chooses to take an
exception to a particular goal requirement, for example, as
provided in OAR 660-004-0010(1);
FINDING: The applicant is not seeking any goal exception.
(b) Goals 3 and 4 are not applicable;
FINDING: Goals 3 and 4 are not applicable.
(c) Goal 5 and related rules under OAR 660, division 23, apply
only in areas added to the UGB, except as required under OAR
660-023-0070 and 660-023-0250;
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 24
FINDING: As noted in foregoing findings, there are no Goal 5 resources impacted by
the proposed expansion area.
(d) The transportation planning rule requirements under OAR
660-012-0060 need not be applied to a UGB amendment if the
land added to the UGB is zoned as urbanizable land, either by
retaining the zoning that was assigned prior to inclusion in the
boundary or by assigning interim zoning that does not allow
development that would generate more vehicle trips than
development allowed by the zoning assigned prior to inclusion
in the boundary;
FINDING: As noted in foregoing findings, the 26-acre expansion site is currently zoned
UAR10, and the applicant proposes a zone change to Public Facilities which would allow
more vehicle trips. Staff concluded, and I agree that OAR 660-012-0060 applies and is
satisfied.
(e) Goal 15 is not applicable to land added to the UGB unless the
land is within the Willamette River Greenway Boundary;
FINDING: Goal 15 is not applicable.
(f) Goals 16 to 18 are not applicable to land added to the UGB
unless the land is within a coastal shorelands boundary;
FINDING: Goals 16 and 18 are not applicable.
(g) Goal 19 is not applicable to a UGB amendment.
FINDING: Goal 19 is not applicable.
(2) The UGB and amendments to the UGB must be shown on the City
and County plan and zone maps at a scale sufficient to determine
which particular lots or parcels are included in the UGB. Where a
UGB does not follow lot or parcel lines, the map must provide
sufficient information to determine the precise UGB location.
FINDING: Several maps included in the record illustrate the property to be added. Staff
believes the maps provide sufficient information to determine the precise UGB location.
This criterion is met.
5. Section 660-024-0030, Population Forecasts
(1) Counties must adopt and maintain a coordinated 20-year population
forecast for the county and for each urban area within the county
consistent with statutory requirements for such forecasts under ORS
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 25
195.025 and 195.036. Cities must adopt a 20-year population forecast
for the urban area consistent with the coordinated county forecast,
except that a metropolitan service district must adopt and maintain a
20-year population forecast for the area within its jurisdiction. In
adopting the coordinated forecast, local governments must follow
applicable procedures and requirements in ORS 197.610 to 197.650
and must provide notice to all other local governments in the county.
The adopted forecast must be included in the comprehensive plan or
in a document referenced by the plan.
FINDING: The County adopted a coordinated population forecast through 2025 on
September 8, 2004 (reference Ordinance 2004-12). The City adopted the same forecast.
These are sufficient to demonstrate compliance with this section.
6. Section 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.
FINDING: The City and County are currently evaluating all of the above-referenced
needs as part of a larger legislative UGB expansion plan. Delays in the legislative UGB
expansion process have necessitated this need-specific UGB expansion request.
As noted previously, the City is concurrently processing a zone change to Public
Facilities (PF). Additionally, one of the stated characteristics in the alternative sites
analysis was that the site must be owned by the Forest Service. None of the five Forest
Service-owned sites which were analyzed is currently zoned PF. The record shows that
there are no existing PF-zoned lands available for the proposed use. Subsection (3) of
this section allows for need-specific UGB expansion.
(2) If the UGB analysis or amendment is conducted as part of a periodic
review work program, the 20-year planning period must commence
on the date initially scheduled for completion of the appropriate work
task. If the UGB analysis or amendment is conducted as a post-
acknowledgement plan amendment under ORS 197.610 to 197.625,
the 20-year planning period must commence either:
(a) On the date initially scheduled for final adoption of the
amendment specified by the local government in the initial
notice of the amendment required by OAR 660-018-0020; or
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 26
(b) If more recent than the date determined in subsection (a), at
the beginning of the 20-year period specified in the coordinated
population forecast for the urban area adopted by the City and
County pursuant to OAR 660-024-0030, unless ORS 197.296
requires a different date for local governments subject to that
statute.
FINDING: In a prior Hearings Officer’s decision for a quasi-judicial plan amendment to
expand the City of Bend UGB for a school site (PA-07-5), the Hearings Officer found
that this criterion did not apply because the applicant’s proposal was not being requested
as part of periodic review work program. I agree.
(3) A local government may review and amend the UGB in consideration
of one category of land need (for example, housing need) without a
simultaneous review and amendment in consideration of other
categories of land need (for example, employment need).
FINDING: The applicant seeks to amend the UGB for a specific public facility need.
No other needs are under review with this application.
(4) The determination of 20-year residential land needs for an urban area
must be consistent with the adopted 20-year coordinated population
forecast for the urban area, and with the requirements for
determining housing needs in Goal 10, OAR 660, division 7 or 8, and
applicable provisions of ORS 197.295 to 197.314 and 197.475 to
197.490.
FINDING: The proposed expansion is not for residential land needs. This criterion does
not apply.
(5) Except for a metropolitan service district described in ORS
197.015(14), the determination of 20-year employment land need for
an urban area must comply with applicable requirements of Goal 9
and OAR 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.
FINDING: The proposed expansion is not for employment land needs. This criterion
does not apply.
(6) The determination of 20-year land needs for transportation and
public facilities for an urban area must comply with applicable
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 27
requirements of Goals 11 and 12, rules in OAR 660, divisions 11 and
12, and public facilities requirements in ORS 197.712 and 197.768.
The determination of school facility needs must also comply with ORS
195.110 and 197.296 for local governments specified in those statutes.
FINDING: Consistency with Goals 11 and 12 are adequately addressed in foregoing
findings. ORS 197.712 and 197.768 require an analysis of general public facilities such
as sewer and water to be included in the Comprehensive Plans of cities and counties.
Both the City and County plans include the required analysis.
7. Section 660-024-0050, Land Inventory and Response to Deficiency
(1) When evaluating or amending a UGB, a local
government must inventory land inside the UGB to determine
whether there is adequate development capacity to accommodate 20-
year needs determined in OAR 660-024-0040. For residential land, the
buildable land inventory must include vacant and redevelopable land,
and be conducted in accordance with OAR 660-007-0045 or 660-008-
0010, whichever is applicable, and ORS 197.296 for local governments
subject to that statute. For employment land, the inventory must
include suitable vacant and developed land designated for industrial
or other employment use, and must be conducted in accordance with
OAR 660-009-0015(3).
FINDING: As noted above, the only need being evaluated by this specific UGB
expansion application is the need for public facilities land to allow co-location of
multiple DNF functions. Additionally, the City and County are currently evaluating a
regional UGB expansion which would ensure a 20-year land supply for all other needs.
(5) When land is added to the UGB, the local government must assign
appropriate urban plan designations to the added land, consistent
with the need determination. The local government must also apply
appropriate zoning to the added land consistent with the plan
designation, or may maintain the land as urbanizable land either by
retaining the zoning that was assigned prior to inclusion in the
boundary or by applying other interim zoning that maintains the
land's potential for planned urban development until the land is
rezoned for the planned urban uses. The requirements of ORS
197.296 regarding planning and zoning also apply when local
governments specified in that statute add land to the UGB.
FINDING: As noted in foregoing findings, the proposed expansion area is currently
zoned Urban Area Reserve, and has a Plan designation of Urban Reserve Area.
Consistent with the specific need to provide land for an expanded public facility, the
applicant is proposing a zone change to Public Facilities and a plan amendment change to
Public Facilities.
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 28
8. Section 660-024-0060, Boundary Location Alternatives Analysis
(1) When considering a UGB amendment, a local government must
determine which land to add by evaluating alternative boundary
locations. This determination must be consistent with the priority of
land specified in ORS 197.298 and the boundary location factors of
Goal 14, as follows:
(a) Beginning with the highest priority of land available, a local
government must determine which land in that priority is
suitable to accommodate the need deficiency determined under
660-024-0050.
FINDING: The proposed expansion area is designated as exception land, Urban Area
Reserve. As noted in foregoing findings, although this land is classified as ‘second
priority’, it is the highest priority land available for consideration when expanding the
City of Bend’s UGB.
(b) If the amount of suitable land in the first priority category
exceeds the amount necessary to satisfy the need deficiency, a
local government must apply the location factors of Goal 14 to
choose which land in that priority to include in the UGB.
(c) If the amount of suitable land in the first priority category is
not adequate to satisfy the identified need deficiency, a local
government must determine which land in the next priority is
suitable to accommodate the remaining need, and proceed
using the same method specified in subsections (a) and (b) of
this section until the land need is accommodated.
FINDING: As discussed previously, there are no ‘first priority’ lands available. The
subject 26-acre site is considered a second priority land that is of sufficient size to
accommodate the need.
(2) Notwithstanding OAR 660-024-0050(4) and subsection (1)(c) of this
rule, except during periodic review or other legislative review of the
UGB, a local government may approve an application under ORS
197.610 to 197.625 for a UGB amendment proposing to add an
amount of land less than necessary to satisfy the land need deficiency
determined under OAR 660-024-0050(4), provided the amendment
complies with all other applicable requirements.
FINDING: The proposed expansion is need- and site-specific, and would not satisfy the
20-year land need. As noted in foregoing findings, the City and County are evaluating
the amount of land necessary to satisfy the 20-year land need as part of a regional UGB
expansion.
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 29
(3) The boundary location factors of Goal 14 are not independent
criteria. When the factors are applied to compare alternative
boundary locations and to determine the UGB location, a local
government must show that all the factors were considered and
balanced.
FINDING: The boundary location factors of Goal 14 are addressed in foregoing
findings.
(4) In determining alternative land for evaluation under ORS 197.298,
"land adjacent to the UGB" is not limited to those lots or parcels that
abut the UGB, but also includes land in the vicinity of the UGB that
has a reasonable potential to satisfy the identified need deficiency.
FINDING: As identified in the EA, the Forest Service analyzed five Forest Service-
owned sites for the proposed co-location (Bend Pine Work Center, Cascade Lakes, Scott
Street, Knott Road, and China Hat Road). Although the Scott Street site is already within
the City limits, the site is not large enough to accommodate the proposed use. The
remaining four sites are all outside of the Bend UGB, with only the Bend Pine Work
Center abutting the UGB. This criterion is been met.
(5) If a local government has specified characteristics such as parcel size,
topography, or proximity that are necessary for land to be suitable for
an identified need, the local government may limit its consideration to
land that has the specified characteristics when it conducts the
boundary location alternatives analysis and applies ORS 197.298.
FINDING: Previous findings discussed the specific characteristics used to evaluate a
number of alternative sites for the identified need.
(6) The adopted findings for UGB adoption or amendment must describe
or map all of the alternative areas evaluated in the boundary location
alternatives analysis. If the analysis involves more than one parcel or
area within a particular priority category in ORS 197.298 for which
circumstances are the same, these parcels or areas may be considered
and evaluated as a single group.
FINDING: The submitted EA describes and maps all five of the alternative sites.
(7) For purposes of Goal 14 Boundary Location Factor 2, "public
facilities and services" means water, sanitary sewer, storm water
management, and transportation facilities.
FINDING: Water, sewer, storm water management and transportation facilities are
adequately addressed above in the findings for Goal 14 Boundary Location Factor 2.
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 30
(8) The Goal 14 boundary location determination requires evaluation and
comparison of the relative costs, advantages and disadvantages of
alternative UGB expansion areas with respect to the provision of
public facilities and services needed to urbanize alternative boundary
locations. This evaluation and comparison must be conducted in
coordination with service providers, including the Oregon
Department of Transportation with regard to impacts on the state
transportation system. "Coordination" includes timely notice to
service providers and the consideration of evaluation methodologies
recommended by service providers. The evaluation and comparison
must include:
(a) The impacts to existing water, sanitary sewer, storm water and
transportation facilities that serve nearby areas already inside
the UGB;
(b) The capacity of existing public facilities and services to serve
areas already inside the UGB as well as areas proposed for
addition to the UGB; and
FINDING: The application materials include a “will serve” letter from Avion for water
service. The City and DNF have reached an agreement to provide sewer service to the
subject property. The submitted traffic study indicates necessary road improvements to
mitigate expected impacts. Foregoing findings show that DNF will mitigate anticipated
transportation impacts including constructing a northbound left-turn lane on Deschutes
Market Road, paying the City to construct the southbound right-turn lane at Deschutes
Market Road/Butler Market Road, and contributing monies to fund future improvements
at the Butler Market Road/27th Street and Butler Market Road/Deschutes Market Road
intersections. Fire protection service will be provided by the Bend Fire Department, with
police services provided by the City of Bend Police Department. These criterion are met.
(c) The need for new transportation facilities, such as highways
and other roadways, interchanges, arterials and collectors,
additional travel lanes, other major improvements on existing
roadways and, for urban areas of 25,000 or more, the provision
of public transit service.
FINDING: The traffic analysis identifies a number of necessary improvements to
mitigate traffic impacts including:
1. A northbound left-turn lane on Deschutes Market Road to the site will
meet City of Bend operational standards for the years 2008 and 2024 for
both AM and PM peak hours.
2. A southbound right-turn lane on Deschutes Market Road at the Butler
Market Road intersection will meet the City of Bend operational standards
for 2008.
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 31
3. The City of Bend has a long term plan to widen 27th Street to five lanes at
the intersection with Butler Market Road and extend 27th Street north to
connect with Empire Avenue.
As discussed above, DNF will construct the left-turn lane, paying the City to construct
the right-turn lane, contribute monies to fund future improvements at the Butler Market
Road/27th Street and Butler Market Road/Deschutes Market Road intersections. For
these reasons, I find that the necessary transportation facility improvements have been
addressed.
D. Title 19, Bend Urban Growth Boundary Zoning Ordinance
1. Chapter 19.12, Urban Area Reserve Zone.
FINDING: The applicant proposes a zone change from UAR10 to Public Facilities.
2. Section 19.116.010, Amendments.
B. Any proposed quasi-judicial map amendment or change shall be
handled in accordance with the applicable provisions of DCC Title 22.
FINDING: The applicable provisions of Title 22 are addressed below.
3. Section 19.116.020, Standards for Zone Change.
The burden of proof is upon the applicant. The applicant shall in all cases
establish:
A. That the change conforms with the Comprehensive Plan. Specifically,
the change is consistent with the plan's intent to promote an orderly
pattern and sequence of growth.
FINDING: The applicable policies of the Comprehensive Plan regarding urban growth
boundaries and public facilities and services are addressed below. I find that the
information provided in the staff report is substantial evidence that an orderly pattern and
sequence of growth will occur. Specifically, the zone change to Public Facilities will
more accurately reflect the existing and future DNF uses on-site. Additionally, the DNF
project will provide for necessary improvements to City roadway facilities.
B. That the change will not interfere with existing development,
development potential or value of other land in the vicinity of the
proposed action.
FINDING: The subject property is currently used for a portion of DNF’s operations.
While future consolidation of DNF operations could result in an increase in traffic, these
impacts would likely be mitigated via construction and funding of City roadway
improvements. There is no information in the record to suggest that the proposed zone
change will interfere with existing development, development potential, or value of other
land in the vicinity of the proposed action.
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 32
C. That the change in classification for the subject property is consistent
with the purpose and intent of the proposed zone classification.
FINDING: As noted above, the current UAR10 zoning does not allow the consolidation
of DNF operations on-site. Staff concluded, and I agree, that the proposed zone change
to Public Facilities will accurately reflect existing and future DNF uses on-site.
D. That the change will result in the orderly and efficient extension or
provision of public services. Also, that the change is consistent with
the County's policy for provision of public facilities.
FINDING: The record includes a “will serve” letter from Avion Water. The City and
DNF have reached an agreement to facilitate connection to City sewer. The subject
property is served by Bend Fire Department and will be served by the City of Bend
Police Department. The specific Comprehensive Plan policies for provision of public
facilities are addressed below.
E. That there is proof of a change of circumstance or a mistake in the
original zoning.
FINDING: The subject property has been in use since the late 1940s by DNF, primarily
as their plant nursery. The nursery use was discontinued in 1999, with DNF warehousing
and other support operations continuing at the site. The close of the nursery use allowed
for other uses and development on the property. As demonstrated in the EA, the Forest
Service has expressed a desire and need to own rather than lease or rent property for their
multiple operations sites, and consolidate operations at a single location. These changes
in circumstance reasonably warrant the proposed zone change.
FINDING: The applicable provisions of Title 22 are addressed below.
E. Title 22, Deschutes County Development Procedures Ordinance
1. Section 22.28.030, Land Use Action Decisions
Decision on plan amendments and zone changes.
…
B. In considering all quasi-judicial zone changes and those quasi-judicial
plan amendments on which the Hearings Officer has authority to
make a decision, the Board of County Commissioners shall, in the
absence of an appeal or review initiated by the Board, adopt the
Hearings Officer’s decision. No argument or further testimony will
be taken by the Board.
FINDING: A public hearing before the Hearings Officer was held May 2, 2011.
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 33
F. Title 23, the Deschutes County Comprehensive Plan
1. Section 23.48.030. Urban Growth Boundary Policies.
1. Urbanization. Urbanization policies refer to unincorporated urban
growth areas within an urban growth boundary but outside the
boundaries of a City, and are intended to assist in the decision making
about the conversion of rural to urban uses, and to help in the
development of consistent urban area plan. More detailed policies for
the urban areas of Bend, Redmond and Sisters are specified in the
urban area plans and they shall be the primary documents for
coordination and land use decisions in their respective areas.
…
b. Urban growth boundaries shall be established or expanded
based upon the following:
1. Demonstrated need to accommodate long-range urban
population growth requirements consistent with LCDC
goals;
2. Need for housing, employment opportunities and
livability;
3. Orderly and economic provision for public facilities and
services;
4. Maximum efficiency of land uses within and on the
fringe of the existing urban area;
5. Environmental, energy, economic and social
consequences;
6. Retention of agricultural land as defined, with Class I
being the highest priority for retention and Class VI the
lowest priority; and,
7. Compatibility of the proposed urban uses with nearby
agricultural activities.
FINDING: These criteria are adequately addressed by the findings for Goal 14 and
related goals, statutes and rules discussed above and I incorporate those findings here by
this reference. Conformance with the Bend Area General Plan is discussed below.
8. Facilities and services.
a. Efforts should be made over a sustained period
of time to place utility lines underground in
existing and new residential areas.
b. Parks should be located within walking distance
of every dwelling unit in the community. Parks
should be centrally located and easily accessible
to the areas they are intended to serve (see
Recreation).
c. Certain private recreational uses such as golf
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 34
courses or riding stables can be successfully
integrated into residential areas provided the
location, design and operation are compatible
with surrounding residential developments.
d. Fire protection in the planning area should be
considered as a common problem by the City,
County, water district and the fire protection
district, and equipment should reflect the
character of land uses in the community.
e. Efforts should be made to encourage Federal
and State agencies to locate in urban areas.
f. Efforts should be made to group public offices in
a more or less common location as a convenience
to the public.
FINDING: Staff concluded, and I agree, that policies 8(a-d) do not apply. If approved,
the UGB expansion will allow the consolidation of multiple Forest Service functions onto
a single location within the Bend UGB.
2. Section 23.68.020, Public Facilities and Services Policies.
1. General.
a. Public facilities and services shall be provided at levels and in
areas appropriate for such uses based upon the carrying
capacity of the land, air and water, as well as the important
distinction that must be made between urban and rural
services. In this way public services may guide development
while remaining in concert with the public's needs.
FINDING: The record includes a “will serve” letter from Avion Water. The City and
DNF have reached an agreement to facilitate connection to City sewer. The subject
property is served by Bend Fire Department and would be served by City of Bend Police
Department. As part of the co-location project, DNF proposes to construct roadway
improvements on Deschutes Market Road and Butler Market Road, and contribute
monies to fund future improvements on Butler Market Road. According to the EA, the
subject property is large enough to accommodate DNF’s proposed co-location. Staff
concluded, and I agree, that public facilities and services will be provided at sufficient
levels to serve the DNF project.
b. While clear distinctions are not always possible between urban
and rural services, those facilities (such as sewage treatment
plants, water systems, schools and fire stations), which are
necessary to service concentrations of people shall be known as
key facilities and shall be located in urban areas or in rural
service centers, if necessary, to meet the needs of existing rural
residents. Key facilities shall be built to encourage urban,
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 35
rather than increased rural, residential development. Rural
services such as sheriff's patrol, snowplowing, schools and
school busing shall be kept at levels adequate to meet public
needs but not in excess to encourage additional development.
Rural Service Centers are a logical location for future rural
key facilities so that services may be used and constructed in as
efficient a manner as possible (see Rural Development
Chapter). Key facilities outside urban areas or Rural Service
Centers shall be discouraged unless the facility is needed to
serve existing development, is at the most efficient and
economic location and is consistent with the capabilities of the
land and the planned growth of the County.
FINDING: No key facilities, as defined above, are proposed. This criterion does not
apply.
c. Future development shall depend on the availability of
adequate local services in close proximity to the proposed site.
Higher densities may permit the construction of more adequate
services than might otherwise be true. Cluster and planned
development shall be encouraged.
FINDING: A water pipeline for Avion Water exists within the Deschutes Market Road
right-of-way, allowing for efficient connection. A City sewer pipeline runs along the
southern boundary of the property also allowing for efficient connection. The subject
property is already within the Bend Rural Fire Protection District, allowing for easy
annexation into the Bend (City) Fire Protection District. To the south are residential lots
within the City limits that are currently served by the Bend Police Department. Staff
concluded, and I agree, that the proximity of the subject property to lands already served
by Bend Police would make inclusion of the subject property reasonable.
d. The County shall prepare a Capital Improvements Plan which
considers the costs and benefits of construction at various sites.
Sites which are less expensive in the long run shall be given
priority to less efficient sites.
e. Deschutes County shall encourage the formation of special
service districts to serve rural needs rather than becoming
involved with serving those needs. The County will foster
coordination and mutual planning between the County, special
districts, utility companies and service corporations. This shall
include common trenching where appropriate.
FINDING: No utilities are proposed. These policies do not apply.
f. Deschutes County shall coordinate with the cities and other
service providers in urban areas to assure that all urban
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 36
services are provided in an equitable manner and construction
phased, based upon the time required to provide the service,
the reliability of the service, the financial cost, and the levels of
service needed. All services shall be provided consistent with
the provisions of all other required services.
FINDING: City staff has kept the County apprised of negotiations and agreements with
DNF to provide adequate sewer and transportation facilities. Comments from the Bend
Fire Department are in the record. The record also includes a “will serve” letter from
Avion Water. As part of the concurrent City process, the City has sent notice to the Bend
Police Department. At the time of this staff report, no comments have been received.
g. Because of the increasing cost of development which must be
borne by local residents, the County shall investigate various
methods to control or obtain funds for providing new public
service levels. This investigation is to include review of a
Systems Development Charge. The County shall conduct a
review of systems development charges for areas outside the
urban growth boundary by January 1, 1995.
FINDING: This policy does not apply.
2. Utilities.
a. Utility companies shall be offered an opportunity to comment
on their ability to serve proposed developments.
b. New development shall not be located so as to overload existing
or planned facilities, and developers or purchasers should be
made aware of potentially inadequate power facilities in rural
areas.
c. When feasible all utility lines and facilities shall be located on
or adjacent to existing public or private rights-of-way so as to
avoid dividing existing farm units, and transmission lines
should be located within existing corridors as much as possible.
d. Power generation sites shall be landscaped and the site plan
reviewed as part of the conditional use applications.
e. Electrical substations shall be a permitted use in all
appropriate zones with final approval based upon County
Planning Department acceptance of a detailed site plan.
Minimum lot sizes shall not apply to substations, but adequate
area for equipment, storage, buffer and potential expansion
shall be required.
f. All new development shall be consistent with adopted sewage
plans, and new community systems in urban areas shall be
designed to fit into the municipal system. Also, in urban areas,
where connection to a sewer system is not appropriate now but
will be required in the future, dry sewer lines may be required
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 37
for future use (this does not apply in larger lot subdivisions
where no future sewers are anticipated).
FINDING: No new development or utility facilities are included as part of the
applications. These policies do not apply.
g. Mutual agreements between the County and the cities shall
assure sewer and water systems are extended in a planned
manner.
FINDING: As noted previously, the City and DNF have reached an agreement for
connection to City sewer service. Additionally, Avion Water has indicated an ability to
serve the property.
h. Sewage treatment plants offer both problems and
opportunities. To decrease the impact of noise and odor a
large buffer area shall be required. The treated sewage (both
septic tank sludge and municipal water) should be used as a
resource and drill hole disposal discouraged.
i. Well marked recreational vehicle dump stations are needed
locally and the County shall encourage such facilities in parks,
service stations and other appropriate locations.
FINDING: No new development or utility facilities are included as part of the
applications. These policies do not apply.
j. The capability for County land to be annexed into a city shall
depend upon the availability of adequate services, such as
water.
FINDING: As detailed in the foregoing findings, adequate public services are available.
k. Metering of existing and future water systems shall be fostered.
l. Oregon Water Wonderland Unit 2 Sewer District. Through
County file nos. PA-02-5 and ZC-02-3, the Board of County
Commissioners approved a zone change for certain property in
Section 25 of Township 20 South, Range 10 E.W.M. to Rural
Residential with a Limited Use Combining Zone. The Board
adopted the Limited Use Combining Zone to limit the uses that
could be established on the subject property to those approved
through its written decision dated March 28, 2003 and listed as
follows: a sewage treatment facility, effluent ponds, ground
application of treated effluent, agricultural use, and
propagation and harvesting of a forest product.
FINDING: These policies do not apply.
G. Bend Area General Plan
1. Preface to the Bend Area General Plan
Format of the Plan
At the end of each chapter are policies that address issues discussed in the
chapter. The policies in the General Plan are statements of public policy,
and are used to evaluate any proposed changes to the General Plan. Often
these statements are expressed in mandatory fashion using the word “shall”.
These statements of policy shall be interpreted to recognize that the actual
implementation of the policies will be accomplished by land use regulations
such as the city’s zoning ordinance, subdivision ordinance and the like…
FINDING: Based on the above language, it is not necessary to analyze specific Bend
Area General Plan policies because those policies are implemented by the City of Bend’s
zoning ordinance.
IV. CONCLUSION AND RECOMMENDATION:
Based on the record and the Findings of Fact and Conclusions of Law set forth
above, I find that the proposal complies with the applicable Statewide Planning Goals,
Oregon Revised Statutes, Oregon Administrative Rules, the Bend Area General Plan, and
the Deschutes County Zoning Ordinance and Comprehensive Plan.
______________________________
Kenneth D. Helm, Hearings Officer
A DECISION BY THE HEARINGS OFFICER BECOMES FINAL TWELVE (12)
DAYS AFTER THE DATE OF MAILING, UNLESS APPEALED BY A PARTY
OF INTEREST.
Dated this 23rd day of May, 2011
Mailed this _______ day of May, 2011
PA-11-1, ZC-10-1, MA-11-3
Deschutes National Forest 38