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HomeMy WebLinkAbout2011-10-31 Business Meeting Minutes Minutes of Board of Commissioners’ Business Meeting Monday, October 31, 2011 Page 1 of 15 Pages Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, OCTOBER 31, 2011 _____________________________ Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend __________________________ Present were Commissioners Tammy Baney, Alan Unger and Anthony DeBone. Also present were Laurie Craghead, County Counsel; George Kolb, Road Department; Nick Lelack, Peter Gutowsky and Terri Payne, Community Development; and about a dozen other citizen including media representative. Hillary Borrud of the Bulletin. Chair Baney opened the meeting at 10:00 a.m. 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT None was offered. 3. Before the Board was Consideration of Second Reading by Title Only, and Adoption of Ordinance No. 2011-018, Making Minor Technical Changes to Title 17 of Code (Minimum Design Standards – Roads). George Kolb gave a brief overview of the item. Laurie Craghead said there were a few minor changes, nothing substantive, but primarily for clarification. Ms. Craghead read the changes into the record. DEBONE: Move second reading, by title only. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. Minutes of Board of Commissioners’ Business Meeting Monday, October 31, 2011 Page 2 of 15 Pages BANEY: Chair votes yes. Chair Baney did the second reading, by title only. UNGER: Move approval with the changes as read into the record by Counsel. DEBONE: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. 4. Before the Board was Consideration of Second Reading by Title Only, and Adoption of Ordinance No. 2011-026, Making Minor Technical Changes to Title 12 of Code (Utility Permits - Roads). UNGER: Move second reading, by title only. DEBONE: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. Chair Baney conducted the second reading, by title only. UNGER: DEBONE: VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. 5. Before the Board was a Public Hearing and Consideration of First and Second Readings and Adoption, by Emergency, of Ordinance No. 2011- 027, Adopting Amendments to the Comprehensive Plan. Chair Baney read the opening statement. No conflicts of interest were declared by the Commissioners, and there were no challenges from the public. Minutes of Board of Commissioners’ Business Meeting Monday, October 31, 2011 Page 3 of 15 Pages Terri Payne provided a brief explanation of the item. The Ordinance will coordinate changes into the new Comprehensive Plan document. The Planning Commission unanimously approved the changes. The Comprehensive Plan is going through the adoption process at this time, and this document helps to adopt changes that need to be a part of the Plan. Ms. Craghead added that the Comprehensive Plan is part of Title 23, and this will help to make a smooth transition in a timely manner. No public testimony was offered, so the hearing was closed. UNGER: Move first and second readings of the Ordinance, by title only, declaring an emergency, effective the same date as the Comprehensive Plan document. DEBONE: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. Chair Baney conducted the first and second readings of the Ordinance, by title only, declaring an emergency. UNGER: Move adoption of Ordinance No. 2011-027. DEBONE: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. 6. Before the Board was a Public Hearing and Consideration of First Reading, by Title Only, of Ordinance No. 2011-017, to Adopt a Regional Economic Opportunity Analysis and Regional Large-Lot Industrial Land Policy for Central Oregon. Mr. Gutowsky entered the entire file into the record, and submitted an e-mail document received regarding the Ordinance. 1,000 Friends of Oregon also provided testimony, as did several other persons. This will be part of the record. Minutes of Board of Commissioners’ Business Meeting Monday, October 31, 2011 Page 4 of 15 Pages Mr. Gutowsky said that the Board has had a work session on this and input is going to be provided by individuals who are involved with the process. Pam Hardy, representing 1,000 Friends of Oregon, came before the Board. She said major improvements were made to the document, but she feels there are still deficiencies. She asked for additional time to review the evidence that will be submitted today, and feels 14 days will be adequate. She referred to written testimony she submitted and explained how she commented on the various parts of the Ordinance. She had provided this information in the past, but said that she had been asked to be very specific about desired changes, so she drafted the document to make this clear. There are certain sections where her recommended changes are relevant. Red print means a major appeal point, yellow is a possible appeal point, and green means she finds the language agreeable. There were three essential questions: Legal? Good policy? Does this document meet the necessary standards? She said yes, it is legal; OAR encourages this type of policy. It is good policy since regional activities provide opportunities of scale that individual entities could not do by themselves, and DLCD has stepped in to help with the process. However, it is very complicated and more information is needed. In particular, significant issues include the fact that there is no trend analysis showing this is an egnognist need. The Oregon Employment Department prediction figures do not support some of the findings. It is hard to find a case showing the need is there. A way to get to a need that is over and above standard employment information is to look at industry trends, such as data center moving into more remote sites. There have to be local assets to attract those kinds of trends, but this information is not in the findings. What is in the record now are just statements from experts largely unsupported by data. Missing is an objective trends analysis. There will be a substantial evidence question to support why it is felt a certain number of new lots are needed. Inventory is required per statute, and the findings admit that there has to be a regional inventory. Cities are not to undertake an inventory because the counties will be doing this. It has to be complete. Instead of adopting the document, the County should set up the group to do a review. There is no data included as to what is going on industry-wide, specifically relating to data centers. Distinctions need to be made. Minutes of Board of Commissioners’ Business Meeting Monday, October 31, 2011 Page 5 of 15 Pages Nothing can change until the inventory is done. She suggested that the inventory be done first so more information can be gathered and a rock -solid solution can be developed. It will cost less (avoiding an appeal); it takes less time (appeals take a long time); and it may help to make the area more competitive. The changes need to happen on the ground and soon. She would like more time to come to a compromise that will be mutually beneficial. Chair Baney stated that this is analyzing assumptions, with a lot of moving parts. There has to be a lot of guesswork as this work continues. There are no absolute certainties. She asked at what point they do move forward, since the assumptions will always be changing. They will never get to the end result this way, so have to move forward. At some point they have to put a stake in the ground and go from there. Ms. Hardy said it is hard to predict the future, but as you look into the future, experts that are certain they are right are more likely to be wrong than those who give smaller odds on being correct. People wh o are not as certain have a more realistic viewpoint and come up with the best analyses. Those who feel they are 100% right are probably missing something. The question is where you stop, and that would be with experts who have a 60% likelihood of what will be happening. Data centers are a trend but it is not known how long that will last. There needs to be adequate power and other infrastructure in place for them. You start with what is most likely, but acknowledge that in two years things could be very different. Commissioner Unger stated that a lot of the requirements and needs for industry are similar, so common elements are needed. As it goes to city by city, other details will be addressed and developed by the cities. Ms. Hardy said that she feels the industries targeted are not similar. Data centers don’t need the parking and personnel that warehouses do, nor the energy consumption. She argued that the kinds of targeted industries sought may need the same size lot, but other needs might not be similar. Commissioner Unger said the County wants to create the opportunity and keep things at a broad brush level. Ms. Hardy feels the law indicates that the larger question needs to be addressed at the County level to start. Minutes of Board of Commissioners’ Business Meeting Monday, October 31, 2011 Page 6 of 15 Pages John Skidmore, business advocate for City of Bend, said he was with Madras previously. This is a huge opportunity to make changes to a stagnant land use system and start to calculate Goal 9 land use needs. Economic development experts in the area indicate that large lot industrial lands are needed. This will help the area be competitive. Sitting back and tinkering at the system will probably still not get the full support of 1,000 Friends. There are a lot of local experts who have provided input , and he feels this is fully vetted. At a certain point, you’ve reviewed the trends and have to make an informed decision. He feels the findings are strong and can be supported. If this is appealed, it will be worked at from the legislative angle. He feels the information is thorough and defendable. He appreciates what 1,000 Friends does, but taking on a regional cooperative process is important. Florida just lost its land use planning system due to problems tied to inflexibility and frustration. Commissioner Unger asked that since there is legislative action possible, is it better to wait for this to happen. Mr. Skidmore stated that if it can be handled at the local level and tri-county support obtained, that would be best. There are fewer sideboards if it then goes to Salem. This is not overreaching, and a lot of the future inventory and forecasting will be done on at a more specific, precise level. Commissioner DeBone asked if the City has large lot industrial lands available. Mr. Skidmore said they have a deficiency at this time. Some lots were just platted in Juniper Ridge, but they are smaller. This activity does not assure success, but without change there will be no success. Michael Williams, an industrial lands specialist for Business Oregon, said he is involved in a program that certifies industrial sites across Oregon for new businesses. He supported the REOA in May and supports the current findings now. The methodology is targeted and accurate. They did review current industries. Many industries that will be around in ten years are unknown at this time, but they have to be ready for these today. You have to be ready to move quickly, and be patient in the meantime. Over the last twenty years, the demand in the Metro area came mostly over a two-year cycle. The land use system as structured cannot react that quickly. These are also good proxies for tomorrow. Clean industries are doing well even during the downturn, and some need large lots. Warehousing and distribution is Minutes of Board of Commissioners’ Business Meeting Monday, October 31, 2011 Page 7 of 15 Pages also a growing industry. Also, supply and logistics trends are always changing. Product lines change all the time. There are exterior forces making these changes, so that is why you have to be ready for a broad range of industries. He feels the context of the REOA is to be encouraged at a local level. Companies look at regions and usually do not just look at a specific city. They analyze educational institutions, the employee base, transportation and other aspects. Having six sites is very conservative, and the demand may be for more. At first they looked at firms with 500 or more employees, but then looked at specific industries and recruitments, and examined other areas that have grown due to large lot industrial development. Some has been said that perhaps large employers are not beneficial. He feels they are as a basis for the community. These opportunities are based on site selection, tracked by nine industries. Over the past year, requirements of 25 acres or more have had strong demand. Five of the nine categories want more than 50 acres. In four categories, they want more than 100 acres. These are bad economic times, and if he sees that demand now, it will only increase in the future. Commissioner DeBone asked how much Central Oregon will be the place to locate, when compared to the bigger cities. Mr. Williams said that Facebook put a marker down here and put the area on the map. This was great exposure, and gives other large companies comfort that this area is desirable. There is a lot of large lot development at the Port of Morrow. However, you need good transportation and space, and also a good labor force. The other thing is that some employers will start small but grow over time. They may only need ten acres today but their business plan may look to more space in the coming years. Oregon tries to match a user to a particular site, but he would like to see more focus on business park development. There are a lot of business parks with developers behind them, getting it done. They try to place a user in the right place. They will not come if the sites available are small and segmented. You need large building blocks to work with. There is a lot of evidence that these are quality employers. Commissioner Unger said he toured the Port of Morrow and saw how successful their plan is. Minutes of Board of Commissioners’ Business Meeting Monday, October 31, 2011 Page 8 of 15 Pages Chair Baney asked about the importance of having a regional approach such as this one. They are getting some pushback as to when the area is ready for this kind of thing. Mr. Williams replied that this helps to diversify the economic base, for large and small businesses alike. They have analyzed both and they’ve done well even with the poor economy. It needs to be an ecosystem to work efficiently. The regional approach will be a great signal to the market that this is important to the region and gives reassurance to companies that the area wants them there. By showing there is a regional approach and planning, it is an advantage over time. This will help elevate this area. There is a good regional economic development group here as well, who can highlight all the community assets. Scott Edelman of the City of Prineville said he wanted to indicate that Prineville is in support. They do have the industrial lands that they need right now in his area, but appreciates the approach and he is glad Crook County is involved. He also feels that Pam Hardy should be lauded for her input and the input of her group to help keep the work focused and open. Peter Gutowsky has done an admirable job of moving this forward. He does not disagree with some of 1,000 Friends’ comments, but likes the common sense approach, and feels that six sites is reasonable. Overall the report backs this up. He said there are too many variables to be exact on what might happen. This project is meant to make it possible for companies that could be here to do so. It is not so much about the number of sites or size, but variety. There are great differences in companies. There need to be enough sites available to be able to address this. It makes sense to have a few sites in each area because of the differences in each area. There are things in this process that do protect land use in the State, such as the types of uses or how the land is utilized. The standards will be strict, which might mean some land is not used or becomes general industrial land. However, the risks are limited when compared to the benefits. There has to be a decision as to the use of each site, and they have to recognize that each area can’t have everything that might be needed in their particular area. People still want to live in Central Oregon and want to have businesses here. The process will help them do that when they are ready and when they have learned about the area. Minutes of Board of Commissioners’ Business Meeting Monday, October 31, 2011 Page 9 of 15 Pages Roger Lee of EDCO said they are seeing the demand first-hand. They work with a broad spectrum of businesses, many of which do not need this size lot. Prineville has an adequate supply, while other regional cities do not. There is a huge deficiency in inventory, and the infrastructure also has to be addressed. Historically there has been demand, and they are seeing it even today with the soft economy. All of this is documented. They have had inquires as recent as last week. There is not enough here for someone to visit, so they will offer virtual tours. Failing to go forward with this process ensures failure. This does not take away from small to medium sized businesses. There is not enough flexibility at the State level, and there can never be enough information. This is the best attempt to look at all the factors. The current land use process, Goal 9, has served some communities well and some not well at all. The City of Bend has a lack of industrial land and it shows. Redmond has the same issue. This process won’t circumvent land use laws, but is an opportunity to get some necessary land available. There are some with smaller employment numbers but the facilities are large and a huge investment for them. It is not theoretical; it is real. Jon Stark, Redmond Economic Development Manager, said he works for EDCO but also deals with 24 other managers. A year ago a site selection firm contacted him regarding obtaining 80 acres. He sent information to them regarding one available site in Redmond. They visited the area and walked the grounds. The incentive package was also of interest to them. They wanted a specific timeline and actually would have wanted more acreage in the future. The additional land was not in the UGB. There is another site that might have been rezoned, but the timeline with the State land use planning process was outside of their project plans by about a year. The area was eliminated for that reason. They support the REOA as a way to give the area a competitive advantage over other areas. The OSPR could be a viable property as well as adjacent properties in Redmond, but at this point the needs cannot be addressed. This must be adopted so a way can be found to give the area a competitive advantage. By not doing this now, it tells the marketplace that we are not open for business or the demands of industry in the future. Minutes of Board of Commissioners’ Business Meeting Monday, October 31, 2011 Page 10 of 15 Pages There has been other interest from manufacturers, not just computing firms. This is the real world problems they face. Commissioner Unger disclosed that he is the County representative for the REDDI Board. Chair Baney said it is important to know that the area was considered and lost out because of the lack of the right kind of land. This sends an important message. Rob Hallyburton of the DLCD stated that the DLCD supports the REOA and this effort, as the first local jurisdiction to consider this. Regional planning is a hot topic right now and studies are being done to figure out how to plan better in Oregon. No one thinks that working regionally is a problem. There are other regional efforts being made, such as in Jackson County, looking at the greater Medford area and six cities. That effort has just been adopted, so they are still uncertain about details as well. Everyone thinks regional planning is a good idea but the pushback was the justification to wait. He spoke about Goals and Rules. The County is required to coordinate comprehensive land use plans in that County. It does not go beyond the County but the regional efforts are encouraged in Goal 9. They leave it up the area to figure out how to do this. They do realize there are a lot of details to address. The action does not take the designation of any comprehensive plan map in the County, so this does not directly support new employers. It sets the groundwork for the cities to do the real, specific work at their level. The Goal 9 rule does not have any requirements except a framework. The findings do not have to follow the minutiae that the cities will have to deal with, but will help set the stage and streamline the work. At the Senate committee, he was grilled as to whether the land use program gets in the way of economic development. He had to admit when there are unanticipated opportunities, they are not very good at dealing with those quickly. Anything the county or region can do to help with those is a good thing. Commissioner Unger thanked him for testifying and for the support of DLCD. Chair Baney added that this is unique and they are trying to be nimble. They Minutes of Board of Commissioners’ Business Meeting Monday, October 31, 2011 Page 11 of 15 Pages want to be prepared for the unknown, perhaps trends th at are not yet trends. This will help to get to the end result. Doug Parker, an asset planner with the Oregon Department. of State Lands, stated that he thought John Skidmore explained some noteworthy things. They are an active partner and support the County’s efforts to adopt the REOA. The County has emerged as a leader Statewide for doing this. County staff is confident and knowledgeable. Oregon’s land use was modified in order to assess land use needs at a regional level, on the hope this would help resolve the lack of large lot industrial throughout the State. It is tied to the land use process. It hopes to break free from the historic process and create a more economically welcoming environment. In response to the question, why should we do this? The answer is because large lot traded sector manufacturers have a multiplier affect. They spin off to the community and the region. Also, when all employment sectors are focused in a certain area and the sector takes a downturn, it affects all. It helps to diversify the economy, making it less vulnerable to trends. He suggested the most important reason is that it will allow your children and grandchildren to have meaningful work at home. This is being done for people who will eventually move into the job market. The DLCD did empower this project with a grant, a top notch consultant and involvement of all planners in the region. He suggested that the folks engaged in the process made this the most dynamic process he has seen. It took leadership and answers to hard questions to move forward. There is another benefit to an REOA. It provides a regionally consistent template for all jurisdictions to use when they want to adjust their boundaries. It may be the County setting the stage for a consi stent process that is under control, confidently and professionally standing behind it. There has been a request for certainty in numbers and need. If they do nothing now, there will be none coming. The genuine critical issue at this juncture is to have this land available, protected from land division and other compromises that erode their use. The next process will include key factors on these sites. These communities need to say they are a player, but the stage needs to be set regionally first. The REOA is critical for these reasons. Minutes of Board of Commissioners’ Business Meeting Monday, October 31, 2011 Page 12 of 15 Pages This is not the exclusive economic development tool, but supplements the other initiatives going on. If they do nothing, they will remain where they are today. Peter Gutowsky expressed his appreciation to those who testified. He indicated that it is important to note that the DLCD has been cooperative, and they were able to provide leadership, funding and technical expertise that was imperative. It comes back to whether the Board feels the regional approach to larg e lot industrial is a good idea. In regard to trends, Quincy, a city located in central Washington, did a similar exercise. They realized they had an excess of cheap power. They made an effort to attract data centers, and since then they have attracted five of them. Central Oregon has the capability to be a top attraction. Jerry Johnson, the consultant, cites Business Oregon where it was said that traded sector employers have done four active recruitments. There is a lot of interest in this region by large employers. If these are not trends or specific instances of interest, he does not know what they are. Other experts have said this is true, but it is also said to be so by active economic development experts. The question is whether there is a factual basis. The Board needs to consider whether this a wise decision, and there has to be evidence in the record along with findings that are consistent with Oregon land use. There is a question as to whether Central Oregon needs to identify this type of land. The County can encourage cities to plan for this unmet need in Deschutes County. The County can set a cap on the number of sites that can be planned for and developable, at six sites in three different jurisdictions. There has been extensive testimony that inventory is needed. If there is a cap, this leaves the individual jurisdictions to go through their inventory. The Board can choose to make this decision based on the findings. It is a tall task and a burden. The evidence does not have to be perfect but needs to be made on the best available information. With the testimony today distributed via a video feed and the testimony of economic development experts, this is a lot to offer. There was testimony today asking for fourteen days to respond to comments and documentation. There was not a lot of substantive written testimony offered. The Board could close the record today and deliberations could start in a week. A second approach would to be to leave the written record open until the end of the week. It is meaningful to be able to be in a position to adopt this by the end of November. The legislature will be convening soon and this helps put the region in a good position at that point. Minutes of Board of Commissioners’ Business Meeting Monday, October 31, 2011 Page 13 of 15 Pages Since it was nearing noon, Chair Baney asked for a quick break to adjust afternoon meeting plans. Chair Baney feels that nothing has been submitted today that would require her to wait on a decision. Commissioner Unger asked if there is concern about allowing the rest of the week for responses, although this has taken 18 months already and there has been a lot of discussion on the issue. Commissioner DeBone wants to keep it simple. Jobs are needed and this can help with that. Chair Baney stated that there are two major points. The letter from 1,000 Friends is just three new pages. There has been a good job of condensing down a lot of questions to just a few that may never come to a meeting of the minds. She feels testimony today shores up the findings. She would like to close the hearing today and rather than trying to solve the underlying questions, let this be handled in the inventory process. Commissioner DeBone supports closing the record at this time. Ms. Craghead said there are a few typographical errors and that the wording ‘compelled’ should instead be ‘encouraged’ in regard to the cities’ working on this. She suggested time be allowed to make these adjustments, and the findings document could be ready by Monday. The written record was closed, and deliberations began. Commissioner Unger sees this process as a model for the State. He envisions this moving forward to recognize the deficiencies in the region and encouraging regional support and cooperation. He supports the Ordinance and wants to move forward. Perhaps a legislative concept will come to bear eventually. They have tried to stay away from appeals, but this may not be possible. Commissioner DeBone stated that it does not seem to be that contentious to him since it encourages economic development and jobs. This will ultimately b e addressed at the city level. Chair Baney thanked staff, DLCD and 1,000 Friends. She said this has been a lot of good work and the process has been very thorough. The findings are Minutes of Board of Commissioners’ Business Meeting Monday, October 31, 2011 Page 14 of 15 Pages exhaustive, and the collective approach is important to note. The regional support lays the groundwork for the cities to do the detailed work. It is the right approach and makes sense. Ms. Craghead said that the first reading should not take place until the adjustments are made so they won’t have to be read into the record. This document can be ready for the Monday, November 7 Board business meeting. 7. ADDITIONS TO THE AGENDA Before the Board were Deliberations (continued from October 24) and Consideration of First Reading of Ordinances Nos. 2011-001 and 2011-002, Amending Titles 18 and 23 to Modify Deschutes County Zoning Map and Comprehensive Plan Map for the Areas Eligible for the Destination Resort Overlay. Peter Gutowsky provided an overview of the item, which includes a few changes in regard to testimony. There is now an updated set of findings and the revised Ordinance. He explained that the changes relate to specifically to noticeable findings. Ms. Craghead said that the changes should be listed for the Commissioners. Ms. Gutowsky stated that he did not have a specific list but there were various small and a few large changes since the last deliberation date. Ms. Craghead said that the backup documentation and maps are complete and contain this information. DEBONE: Move first reading of Ordinance No. 2011-001, by title only. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. Chair Baney conducted the first reading by title only. DEBONE: Move first reading of Ordinance No. 2011-002, by title only. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. Chair Baney conducted the first reading by title only. The second readings can be considered on or after November 21,2011. l;Jeing no fitrther items to come before the Board, the meeting adjourned at 12:10p.m. DATED this q oJ!; Day of---6-......:....=~..........,.-.2011 for the ~_____ Deschutes County Board of Commissioners. Anthony DeBone, Vice Chair ATTEST: Alan Unger, Commissioner Reoording Secretary Minutes of Board of Commissioners' Business Meeting Monday, October 31,2011 Page 15 of 15 Pages Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, OCTOBER 31,2011 Commissioners' Hearing Room -Administration Building -1300 NW Wall St., Bend 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Citizens who wish to speak should sign up prior to the beginning ofthe meeting on the sign-up cards provided. Please use the microphone and also state your name and address at the time the Board calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject ofa public hearing will NOT be included in the record ofthat hearing. 3. CONSIDERATION of Second Reading by Title Only, and Adoption of Ordinance No. 2011-018, Making Minor Technical Changes to Title 17 of Code (Minimum Design Standards -Roads) -George Kolb, Road Department. Suggested Motions: Move second reading by title only o/Ordinance No. 2011­ 018, by title only. Move adoption 0/Ordinance No. 201 I -018. 4. CONSIDERATION of Second Reading by Title Only, and Adoption of Ordinance No. 2011-026, Making Minor Technical Changes to Title 12 of Code (Utility Permits -Roads) -George Kolb, Road Department Suggested Motions: Move second reading by title only 0/Ordinance No. 201 1­ 026, by title only. Move adoption o/Ordinance No. 2011-026. Board of Commissioners' Business Meeting Agenda Monday, October 31,2011 Page 1 of 4 Pages 5. CONSIDERATION of First and Second Readings and Adoption, by Emergency, of Ordinance No. 2011-027, Adopting Amendments to the Comprehensive Plan -Terri Payne, Community Development Suggested Motions: Move first and second readings by title only, declaring an emergency; conduct readings. Move adoption ofOrdinance No. 2011-027. 6. A PUBLIC HEARING (continued) and Consideration of First Reading, by Title Only, of Ordinance No. 2011-017, to Adopt a Regional Economic Opportunity Analysis and Regional Large-Lot Industrial Land Policy for Central Oregon Peter Gutowsky, Community Development; and Representatives ofthe Department ofState Lands Suggested Motions: Open hearing and take testimony. Consider first reading ofOrdinance No. 2011-017, by title only. 7. ADDITIONS TO THE AGENDA PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), litigation; ORS 192.660(2)(d), labor negotiations; or ORS 192.660(2) (b), personnel issues. Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for lTV. Please eall (541) 388-6571 regarding alternative formats or for further information. FUTURE MEETINGS: (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. 1/you have questions regarding a meeting, please call 388-6572.) Monday, October 31 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, October 31,2011 Page 2 of 4 Pages Wednesday, November 2 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Monday, November 7 10:00 a.m. Board of Commissioners' Meeting 1 :30 p.m. Administrative Work Session -could include executive session(s) 3 :30 p.m. Public Safety Coordinating Council Meeting Wednesday, November 9 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session could include executive session(s) 4:00 p.m. Road Study Group Meeting Friday, November 11 Most County Offices will be closed to observe Veterans Day Monday, November 14 through Friday, November 18 All Day Association of Oregon Counties Annual Conference -Eugene Hilton & Conference Center Monday, November 21 10:00 a.m. Board of Commissioners' Meeting 1 :30 p.m. Administrative Work Session -could include executive session(s) 4:00 p.m. Regular Department Heads Meeting Thursday, November 24 and Friday, November 25 Most County Offices will be closed to observe Thanksgiving (Friday unpaid) Monday, November 28 10:00 a.m. Board of Commissioners' Meeting 1 :30 p.m. Administrative Work Session -could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, October 31,2011 Page 3 of 4 Pages Wednesday, November 30 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session could include executive session(s) Monday, December 5 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Wednesday, December 7 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session could include executive session(s) Thursday, December 8 8:00 a.m. Annual Meeting with Sunriver Service District representatives, at Sunriver Lodge Monday, December 12 All Day AOC Legislative Committee Meetings, Salem Wednesday, December 14 10:30 a.m. Oregon Youth Challenge Graduation -Deschutes County Fairgrounds 2:00p.m. Administrative Work Session -could include executive session(s) Monday, December 19 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session could include executive session(s) Monday, December 26 Most County Offices will be closed to observe Christmas Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for nY. Please call (541) 388-6571 regarding alternative formats or for further information. Board of Commissioners' Business Meeting Agenda Monday, October 31,2011 Page 4 of 4 Pages Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org ADDITION TO BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, OCTOBER 31,2011 Commissioners' Hearing Room -Administration Building -1300 NW Wall St., Bend DELIBERATIONS (continuedfrom October 24) and Consideration of First Reading of Ordinances Nos. 2011-001 and 2011-002, Amending Titles 18 and 23 to Modify Deschutes County Zoning Map and Comprehensive Plan Map for the Areas Eligible for the Destination Resort Overlay -Peter Gutowsky, community Development Suggested motions: Deliberate; move first reading ofOrdinance No. 2011-001 by title only; conduct first reading. Move first reading ofOrdinance No. 2011-002 by title only; conduct first reading. The second reading will take place no sooner than two weeks from the first reading. ----------------------------------------------- ----------------------------------------------- ------------------------------------------- BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Ag~ofinterest~ A _, Date: it> f"?:>1 /1/ Namek.A4 {\_ IODD ~'{lt\d::::, Address Phone #s E-mail address 0' In Favor ~NeutrallUndecided Q/Opposed Submitting written documents as part of testimony? gYes D No If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: ~IOI/1(i ( c. o. A . -Iff 1M & Date: I d/31 b ( Name JUV1 5k,dU49U 7, 52~£41.R~S AlvlYc«te,. G~ &f-~l<4 Address -=J-lo AlvJ WeJ/ ~f. I f)tJ {JrL 9770' Phone#s 5t/1-(',3-Z/1:~ E-mail address j ""{< I dIM()(P eel' · b I1.ri. o£.· I) 5 ifIn Favor D NeutrallUndecided D Opposed Submitting written documents as part of testimony? ~s 0 No If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: _...;.;(.....a.IiOf"""C"""J""!f+-______ Date: I. f -0 II,> , Name (Y1: 0 Ud,f ( Lv'. I (('4& 5' !u!eL<;,/l 'il 5"",e.s~ /kt.lel'o/4?t¥1­( 7 Address J 7'1 L-( ~ q (1,..// (t (5,1v{ [. k e<?-/­ I~j f'/4A) q 72 I~ / I Phone#s to 3 --~y b -0 / '1/ E-mail address 11t~cA. «( -{. -//:.M ! (!3 6· 1: . 50-If .01 • J5 D In Favor D NeutrallUndecided D Opposed Submitting written documents as part of testimony? DYes W1 No If so, please give a copy to the Recording Secretary for the recor~ BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: _..:..;R.._E_O...;,A...:..-_______ Date: {o/}I/ If Name Sudt Edr/"'ti"'\ Address C ;1 1 f)f fr·",,,,,!t Phone #s f'll -'-/'1'7 -;)]1 --~--~----------------------------------------- E-mail addresssed.I#\.~.\62(...f7i}lult.-•.(...Ch.., g In Favor D NeutrallUndecided D Opposed Submitting written documents as part oftestimony? DYes 0NO If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: ___________ Date: /O-"3 I -({ Name Po~ uE:.E- Address ~.. 10 '1 f..tW ~->J.w::x:::.lJ, SJt 'r>f-.___I 0 :l Phone#s 5'11--Se8' 5d36 E-mail address vo~<lv:@ ad (.0 {~rtJ:o . ~ lx-I In Favor NeutrallUndecided D Opposed Submitting written documents as part of testimony? DYes D No If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: I?f:6 A .. L,'tJ(£; tpr Date: /t.;h4h Name __~s1~=~~~~~~~~~_,_________________________________ Phone#s 0"/J 9)~· 6"~) 3 E-mail address Jcw@~k :,.,{. (.d,... ~Favor D NeutrallUndecided D Opposed Submitting written documents as part of testimony? DYes B'No If so, please give a copy to the Recording Secretary for the record. ----------------------------------------------- ------------------------------------------- BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: _+~_t_-0_-'"£\_______ Name $:o~ \b~~\l!k Address D L C f) &~ s= Phone#s E-mail address In Favor D NeutrallUndecided Opposed Submitting written documents as part of testimony? DYes D No If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: __ __ ____ Date: /0/31(1/0_-_--=-I<£,_V_A Name --!::..D_o~v----=&_--LB-L..;'fr(J...~J<:_t::__=_:(L__________ Address __------"o!D'--~_L-_________________ Phone #s __b1}----=--:?__q_1S'_0_-_b_2_~_f~/o__________ ~ In Favor NeutrallUndecided D Opposed Submitting written documents as part of testimony? ~Yes D No If so, please give a copy to the Recording Secretary f~e record. ,~~" 534 SW Third Avenue, Suite 300 • Portland, OR 97204 • (503) 497-1 000' fax (503) 223·0073 • www.friends.org : 1000 i Southern Oregon Office' PO Box 2442 • Grants Pass, OR 97528 • (541)474-1155 • fax (541) 474-9389 friends I Willamette Valley Office' 220 East 11 III Avenue, Suite 5 • Eugene, OR 97401 • (541) 520-3763 • fax (503) 575·2416 oj Oregon Centro I Oregon Office' I 15 NW Oregon Ave #21 • Bend, OR 97701 • (541) 719-8221 • fox (866) 394-3089le se•• JI October 31, 2011 Deschutes County Board of Commissioners 1300 NW Wall Street Bend, OR 9770 I Re: Central Oregon Regional Economic Opportunity Analysis Dear Commissioners, I am writing today to provide comments on behalf of 1000 Friends of Oregon on the proposed adoption of the Regional Economic Opportunity Analysis. There are many points on which we agree, but a few on which we continue to disagree. Most importantly we agree that the regional cooperation on economic opportunity analysis is legal' and good policy. Careful review of the law in this area has convinced us that there is nothing legally standing in the way of accomplishing the larger goal of this effort: cooperative planning for better economic growth for the region. The deficiencies we point out do not come from an innate inability of such a project to be approved under existing law. This project has shown us that existing law is perfectly adequate to accommodate this type of project. In fact, it encourages it. The deficiencies come only from a failure to provide the actual data required to do the analysis required by Goal 9. Two critical data sets are needed. The first is a series of industry trend analyses looking specifically at the growth and location needs of our targeted industries. The second is an inventory of the existing local assets including existing lots served with appropriately scaled utilities, transportation, workforce, and effective outreach etc. Finally, an analysis is needed comparing the two data sets, and providing the best prediction about what we can do to be an attractive place for traded sector industries to locate. In other words, the deficiencies we point out can be easily remedied with some additional research into actual industry trends, and an inventory of local assets. Nothing in the law prevents this. 1 OAR 660-009-0030: (1) Cities and counties are strongly encouraged to coordinate when implementing OAR 660-009-0015 to 660-009-0025, (2) Jurisdictions that coordinate under this rule may: (a) Conduct a single coordinated economic opportunities analysis; and (b) DeSignate lands among the coordinating jurisdictions in a mutually agreed proportion. However, ifthe document produced by Johnson Reid is adopted as an REOA, 1000 Friends will feel compelled to appeal. The document lacks substantial evidence, and the findings do not remedy that situation? We recommend that the County avoid this appeal by doing five things: 1. Adopt policies to establish the regional coordinating authority with the responsibility of doing an inventory of existing land and utilities. 2. Work with that authority to complete the inventory required by OAR 660-009-0015. 3. Complete the REOA by doing the market research on the targeted industries, their predicted growth patterns, and their locational needs. 4. Direct staff to draft a new document incorporating the new information to adopt as an REOA. This is a better route than an appeal because it costs less. and takes less time. The findings admit that no new land can be brought into UGBs until the regional inventory is done. Therefore, this proposal of doing the inventory first is not a delay. Choosing the appeal route is the delay. The taxpayer dollars and staff effort that will be spent on appeal should be spent on the inventory instead. Additionally, an appeal is risky for the county. LUBA may find that there are additional problems with the REOA that will be difficult to remedy, or the matter may go to the Court of Appeals or higher resulting in a lengthy legal dispute. Instead of risking this delay, we recommend that the County simply spend the money to do the inventory, and gather the data to draft a legally defensible REOA. In addition to costing less and taking less time, having additional information on our targeted industries may prove to be a valuable asset in preparing our region to attract them even more effectively than we do today. Further, we continue to believe that the County would be better served by a policy of bringing traded sector industries with stable living wage jobs than a policy of bringing industries that require large amounts of land. We have seen no evidence in the record that one equals the other. What we believe that this exercise has revealed is not that regional EOAs are not allowed under existing law. Clearly they are. What this exercise has revealed is that they are more complex than the 2 Please see commentary on the findings for the specific ways in which they do not meet legal standards. 1000 Central Oregon Office· 115 NW Oregon Ave #21 • Bend, OR 97701 • friends (541) 719-8221 • fox (866)394-3089 1ft P•• Page 2 EOAs for cities. The effort required to do the inventory is not minor. Still, the work must be completed. Our comments on the specific provisions of the proposed findings and proposed policies are included as comments directly on the those draft documents attached. These are most easily viewed on a large computer screen. An electronic copy of this document has been submitted to staff to facilitate reading those comments. Please include these comments in the record, and let me know of any decision in this matter. Also, please let me know if there is any way we can be of any further assistance in helping the Commission understand the issues involved in this matter. y Staff Attorney & Central Oregon Advocate Central Oregon Office· 115 NW Oregon Ave #21 • Bend, OR 97701 • 1000 (541) 719-8221 • fax (866) 394-3089friends .., .... Page 3 Chapter 23.48. URBANIZATION 23.48.010. Urbanization. 23.48.020. Goals. 23.48.030. Urban Growth Boundar~' Policie,. 23.48.040. Urban Re.,erve Area Policies pAR .nSn. Roglonal Ecronom\< 0ppllrtunl,,' l'ollel",. 23.48.010. Urbanization. A major emphasis in Oregon's land use planning is locating the majorit y of new de velopment in urban areas. The rural area s are primarily to be prot ec ted for narural re so urce utilization . Between the urban areas (incorporated cities) and th e rural areas lies what is referred 10 as the urbanizing area. Usually under the jurisdiction of the County, this is the area where the future population wi ll be located an d where the city's services must be extended. In Deschutes County the incorporated cities of Bend, Redmond and Sisters have been given the authority , by the Cou nt y. to prepare plans for their respecti ve urban areas . These plan s are coordinated \vilh the County'~ planning effort and will eventually be adopted as part of the County'~ comprehensive plan . In addition (0 a plan each city also prepares an urban area zo ning ordinance and a cooperative agreement for mutuaJ1 y administering the urbanizing area. All three incorporated cities were growing al rapid rate5 by the lime the De5chutes County Year 2000 Comp rehen sive:: Plan was adopted in 1979. Al that lime, the County estimated Bend'!, urban area contained a population of33.000 people. Redmond's wa s approximately 7.500. and Sisters' approxi mately 900. All of the cities were expected to continue their gro\\1h to the yea r 2000. Th e 2000 Census results for Bend , Redmond, and Sisters were 52,029. 13.481. and 959. respectively. In 2000. 58 percent of the County' s population lived in urban areas. The fourth ci ty in Deschutes County is the City of La Pine. Incorporated on No vem ber 7, 2006. the City of La Pine's 2006 population esrimate of 1.590 was certified by Portland State Uni versity, Population and Research Center on December 15, 2007 . As of January I, 2009, L.1 Pine is coordinating with the Oregon Department of Land Conservation and De ve lopment to develop it s first c.ornprehen!'ive plan, which when acknowledged, will officiall y recognize an urban growth boundary. The Deschutes County Coordinated Population Forecast, adopted in August 2004 eSlimaloo that by the year 2025. the County ', population will reach 240,811 people. The 2004 forecast estimated 109.389 peopl e in Bend. 45 ,724 people in Redmond , 3.747 people in Sisters. and 8 1,951 in non·urban, unincorporated areas . If population growth occurs as forecasted in 2004. 66 percent of the Count y's population will reside in urban areas by 2025. , Summary of Comments on Ord 2011_017 Exhibit A This page contains no comments PAGEl OF IO-EXl\mIT "A"TOORDfNANCE2011-017 i In 2000 By 2025 Norn,l'b.." -, B.ro,4.5% 41% 34 % As a result of the La Pine incorporation . Oeschulc!' County updated ils Coordinated Populati on Foreca st with Ordinance 2009·006. The pUrJX)se of thi s modification was to adopt a conservati ve rwenty·year population forecast for the City of La Pine that ca n be used by city official!' and the Oregon Depanmcnt of Land Conservation and Development to e~timate future land need and an urban gIo\vth boundary. Deschutes Coun ty 's 2004 Coordinated Population Foreca~t applied a conservative 2.21'1/(1 annual average grov.1h rate to estimate the county's unincorporated population from 2000 to 2025 . Thi s method applied th e grov.1h rate as a compounding rate throughout the entire forecast. Recognizing that in co rporati on occurred on November 7, 2006. it is rea..<;.onable to appl y a 2.2% annual average growth rate to La Pine's estimated population, staning in July I. 200 7. the first time Ponland Stale University's Population Research Ce nter ofticially cenified the City of La Pine in an Annual Population Repon . By extending the gro\\1h ratc to the Year 2025. La Pine'!, populalion will be 2,352. The non-urban unincorporated popul ation decrease s by 2,3 52 from ilS origin.1 projecli o n of 8 1,95 1 to 79 ,599. EXlending the growth cale 10 lhe Ye.r 2029 re,ull s in a rv.'enty year population estimate of 2,566 for La Pine . In 202.5 f'bnurban , 33% Bend, LaPfle, Redmond , 1% 19% Such growth will undoubtedl y create se ve re problem s for the provi sion of public services and adequate amounts of re sid ential . commercial and industrial lands. Other problems are the protection of imponanl aesthetic values, needed improve ment s in appearance and n.mclion of exi sti ng devclopments, safety and aesthetic problems. as well as energy and service cosl s, created by strip dcvelopment: and problems with coordination and cooperation between the various agencies se rving the public in urban areas. a problem which already exists. PAGE 2 OF 10 -EXIII[JIT "A"TO ORDINANCE 2011·0 17 SiSI6r5 , 1% Redmond, 13% Sislers,2% R_ 19'1<. .&sie rs, 2% This page contains no comments .. Some opponunities also exist Cities in Deschutes Count)' are located in one of the most bea utiful and livable environments in the State. All of the communities have within their authoriry th e power to guid e th ei r co mmuniry's growth for the public's benefit Cooperation and mutual effo n bet wee n the ci ti es, special dis tri cts and the Co unry could mean urban environments that not only function effi cientl y but are anractive. and desirable pla ces to live. Taj~n A regiona l CODS!!n~J!:'j hilS be,n agmd upon 10 e'l1ablish find prrHt~lj"'cl; m:mrtge u regional land ~'l np l 'V of 1(U"(w-IQt IOuLls l dol ~i l (".s 10 enable the region 10 b«om~ comnetitlye In in dustrial CkfNj l mcnt Ollis l'C1!;on~! c;tmftqy IDdudcf. ind[vldu.a l :;,itc: anfrn'uruc turc mUJfOvcmrnt (1';Y;S~nwnl lind !mplemrutnljon pmurnms ono I"CYlJircmcllls,. Rrg lomll pltmning mL1ni1g~m~nl and ",ovcmnnce of H t;,\Jt;;talnnblc laroe-lot mdu'ilD3 1 'V~c:mt land "'iupplv Wil l ,"voh!e' Centro l Oreu:on cl1v and couniV governmen ts. inciUl..J1Tl1Z, adVice nnd Gl ii dancc: [Tom Ccntr.lJ Oregon plL1nDJOQ Di[Cctors A"i)OCUHlon EqlnllnllC Dc\ clopmcnl In CenlrA) Qreano ilnd Oreg",n OUSIn($o;; Pe"\cloplllcm ()enanmcni W n~~urc an 3dcgua iS sel(.renewIDQ regional ~l l pn!)' Q(dcvcIQ(!nble and COIDOCT]t l \ 'C vaeJDlmdumml sil~_ The purp oses o f DCC 23.48 are to provide the link between the urban and rural area s, and 10 providl! some basic paramelers within which the urban areas of Deschutes County shall develop, although the s pecific urban area plan for each communiry shall be the prevailing document for guiding growth in its respective area . These policies will penn it the Counry to review each urban area plan against common crit l!ria and a~sure consistenc y Co unty-wide. (Ord . '9 10-0 17 §! '0 11' 2009-006 §3, 2009; Ord. 2004-012 ~4. 2004; Ord. 2002-005 ~I. 2002 ; Ord . 2000­ 01 n 1,2000 : O rd . 92-051, 1992; PL-20, 1979) 23.48 ,010 . Goals. I. To prov id e for an ordaly and efficient transition from rural to urban lands . 2. To assure that planning and implementation of plans in the urban areas are consistent wit h the best imerest of both urban and urbanizing area residents. 3. To reta in and enhan ce th e character and qualiry of the urban areas as growth occurs . To re cognize and respect the unu sual natural beaury and character of the area . PA G F. J OF 10 -EXIIIOIT "A" TO O RDINANC E 20 11-01 1 Page: 3 T Author: pam Subject: Co mment 00 Text Date : 10/3 1/20 115:58:48 AM -Why would the County ta rget indusmes W ith large lot needs rather than Industries that bring stable, living wage jobs to the region? Why elevate this one form of Industry to our to p tier pnonty when there IS no dear evidence that it's the best way forward for us economically? + -Author: pam Subject : Cross-Out Date: 10/31/20116:00:25 AM -De lete : Cut & Paste Error i:,Author: pam Subject: Replacement Text Date : 10/31/2011 5:59 :42 AM Delete: Cut &. paste Error T Author: pam Subject : Comment on Text Date: 10/31 /2011 6:02 :14 AM This is market choice . 4. To provide a sound ba s is for urbanization by establishing proper relationships between reside ntial . commercial. indusuial and open land uses: fostering intergovernmental cooperation; and providing an effic ie nt transportation system. 5 , To retain and enhance desirabl e existing areas and to revitalize. rehabilitate and redev elop less desirable existing areas: to encouragc and prom otc inn ov at io ns in development techniqu~ in order. , to obtain maximum livability and excellence in plann ing and design for development. 6 . To recognize the City of Redmond Comprehensivc Plan as the policy document thaI vovid" basis for implementing land use plans and ordinances in Redmond 's Urban Gro ... 1:3 •• , ary. Th e general purpose is to provide for one principal means of ,j g the Redmond Comprehensive Plan. 1 '0 ~ ld 11"'" n a d hri"in 10 D. "'C ~ lli W'!:ePfl!li'" poSfp'jP pC hfl!! JP-t ..meh"~'lJIt It<Ff f'!9siIRIUmlil tHIt-li " m' IlfYtm~Hrwf r..Rd PI'wwl.ah{m" I) llepPR ROQiPRal oIIJU,1 n::." .,'o~b'Jh tf 1101 1'~p""11 OfJCIPIq . (Ord . :nliHl!7 *1 211 1 I 2006-018 ~I. 2006; Ord. 2002-005 ~ 1. 2002: Ord. 2000-017 ~1. 2000; Ord. 92­ 051. 1992 ; PL-2 0. 1979) 23.48.030. Urban Growth Boundary Policies. I . Urbanization . Urbanization policies refer to an unincorporated urban growth areas within an urban growth boundary but outside the boundaries of a city . and are intended to assist in the decisio n making about the co nversion of rural to urban uses. and to he lp in th e development of cons ist e nt urban area plan. More detailed polic ies for the urban areas of Bend, Redmo nd and Si sters a re s pecified in the urban area plans and (hey shaH be th e primary do..:uments for coordinatio n and land use dec is io ns in their re spective areas. a , Urban gro\\1h boundaries identify and se parate urbanizablc-land !Tom rural land. Conversion of urbani7...able land to urban uses shall be based on consi d erat io n o f: I O rderly and economic provision for publi c facili ti es and services: 2 . Availability of sufficient land for th e va riou s uses to insure choices in thc marketpl<tce; and 3. Encouragement of development within urban areas before: conversion ofurbanizable areas . b. Urban groMh boundaries sha!l be established o r expanded based upon the fo!lowing: I . Demonstrated need to accommodate long-range urban population growth requirements consistent with LCDC goals; 2. Need for housing, employment opportunities and liva bility; 3. Orderly and economic provision for public fa ci liti es a nd services: 4 . Maximum efficiency of land uses within and on th e fringe of the existing urban area; 5. Environmental. energy, economic and social consequences; 6. Re tention of agricultural land as den ned , with C lass r being the highest priority for rete ntion and Clas..o;; VI the lowest priority; and, 7. Compatibility of the proposed urban uses with nearby agricultural acti vities. 2. Coordination . a . Within an urban growth boundary City and County land use regulations and standard s shall be mutually supporti ve, jointly proposed and ado pt ed , adminiS1ered and enforced. and plan s to integra te the ty pe, timing and location of developme nt of publi c faciliti es and services in a manne r to accommodate demand as urbani za ble la nds become more urbanized. and to guide the community's gro\\1h . b. Urban deve lopment shall be pennined in areas where services are a va ilable or can be provid ed in a manner whi ch will minilllize costs related to necessary urban services such as schools. park s, hi ghways. police, garbage di sposal. fir e protcclion. libraries and other facilities and service s. PA GE 4 OF 10 -EXHII3IT "A" TO ORDINANCE 2011-017 Page: 4 + Author: pam Subject : Cross-Out Date: 10/3 1/ 2011 &:05 :48 AM You can leave th,s part out because it's actually requ ired under your coordinating authonty al ready. Yo u don't need It In policy. 't Author: pam Subject: Replacement Text Da te : 10/31/2011 &:05:02 AM encouraging the local growth, or recru itment of traded sector industries that provide stable, livi ng wage jobs to our otizens. This page contains no comments c. De~chutes Counry adopts by reference the goals, policies. programs. clements, and statements of intent of the Redmond Comprehensive Plan. the officially adopted comprehensive plan for Ihe City of Redmond and ils surrounding Urban Growth Boundary . J . Residential development . a. Residential developments should be located so that they are convenient to places of employment and shopping facilities . and the y should be developed in ways which are consi stent with the character of the topograph y and soils on the sile o Residential areas should offer a wide variety of housing densities in lo cations best suited to each. b. Residential densities indicated on general plans should be re spected and reflected in City and County codes, ordinances and development policies. c. In residential areas. development s hould be ent:ouraged which havc sidc yards or rear yards along anerial streets as a means of reducing congestion through turning movements in and out of driveways. d. Higher density res idential areas should be concentrated near commercial services and public open space. 4. Commercial. a . Commercial facilities should be allocated in a reasonable amOUnl and in a planned relationship 10 the people the y will serve . Any future expansion of commercial uses should be deve loped as centers rather than strips and very carefully considered so that they do not cause unnecessary traffic congestion and do not detract from the appearance of the community. b. Neighborhood commercial shopping areas, parks, school and public uses may be located within residential districts and should have development standards which recognize the re s idential area. Development standards should be established for those commercial uses which will provide ofT-street parking. landscaping, access control. sign regulations and design review. c. Strip commercial developments along highways should not be extended. Commercial uses along major streets and highway s shall be subject to special development standards relating 10 landscaping. setbacks. signs and median strips. No further commercial development outside urban growth boundaries. rural service centers, planned developments, or destination resorts shall be pennilted . d. All commercial shopping centers shall be subject to special development standards relating to setbacks, landscaping, physical buffers, screening. access. signs. building heights and de s ign review. Care shall be taken to contTol the size of an y new commercial developments that may be required as growth occurs. Sites shall not be oversized to a point where additional uses which would generate traffic from outside the intended service area are necessary 10 make Ih~ development an economic success. 5. Induslrial. a. Community efforts should be directed toward preserving prime industrial lands for industrial purposc..'S. Industrial areas shall be protected from incompatible commercial and residential uses . b . Industrial areas of the community shall be located where necessary services can be provided and with good access to transportation facilities. c. Community effons should be directed toward improving the general appearance of commercial and indus trial areas so that they make a positive contribution to the environment of the community. d. Industrial areas shall provide for new industry in a park-like sening. c. All industrial centers shall be subject to special development standards relating to setbacks . landscaping physical buffers, screening, access, signs, building heighls and design review. 6. Community appearance. a. Because of slow natural growth and their effective use as a visual and noise butter. and their relationship to air quality, trees or stands of trees shall be protected whenever feasible in industrial , commercial , residential and other urban developments. PAGE 5 OF 10 -FXIIIDIT "A" TO ORDiNANCE 2011-017 c, AuemDts bv each community to a. b. a legitimate use within reStdeniial areas and should be .. no outward manifestations of husiness other an a small thew.11 of the hOllse should be permined in screened from Cultural page no continue to be a major concern. Landscaping, regulation;;:; shall contribute improved environment. nalum) stream banks, Or 5t.1ands of trees be preserved as " community aS5ct as the area those characteristics which give the its and to pre$crve and expand those charactl'Tistics as growth occurs be d shall adopted which limit the size, location and number of sign$ In and industrial areas and have amortizalion provisions to exis!mg which do not confoml wilh the regulations within a 7" Urban transportation. b. d. under a strict frame so {hal a reasonable circulation pattern will result, and arterial streets should have landscaped median strips wherever possible left~tum refuge lanes. Public transportation routes should be the if necessary, 5'.peciaJ provisions made in street design to should be located and construcl\..~.d in a manner which will accommodate needs arterial and collector road on strict time and prioritie..'" should be located in or ncar the central business district or be needed to evaluale public transportation needs. and for major arterial and collector streets, street panerns residential areas should be convenient access to each unit out not through-traffic. streets should be :\(.."Curcd and e. Provisions should be exmsidered on arterial and collector streets w'ithin residential areas which in the Facilities and services. Efforts should be madc a sustained period of time place utility lines underground in new residential areas. b. Parks should be located within walking distance of the community, Parks should cen.rally located and easily acceSSIble '0 arc intendoo to serve Recreation l. d. Certain private recrearional uses such as integrated into residential areas provided stables can be succe~sfully operation are compatible with protectioo district. and equipment in the community. e, Efforts should be made to encourage Federal and State agencies to locate in urban areas. Efforts should rnadt~ to group public in a more or less common location as a convenience to the public. 9. Other. residential areas; and these facilities residential chapter rehabilitation PAGE 6 OF IQ -EXHIBIT "A"TO ORDINANCE 201 This page contains no comments d. All dcvelopment in Deschut..::s County shall conlply with all applicable state and federal mles . regulations and standards. (Ord. 2006·018 §I, 2006; Ord. 2005-023 ~1. 2005; Ord . 2002·005 §1. 2002: Ord 2000-017 §1. 2000; Ord. 92-051,1992; PL·20, 1979) 23.48.040, Urban Reserve Area Policies, I. Redmond Urban Reserve Area. Th.: following policies apply to the division and development of land in the area designated Redmond Urban Reserve on the County Comprehensive Plan map. a. The Redmond Urban Rescrve Area (RURA) shall be designated with an urban reserve boundary located on the County's Comprehensive Plan Map. b. The County shall implcment the Urban Reserve Area designation through the application of a RURA Combining Zonc. The text of this combining zone shall b..:: addcd and maintained in Title 18, County Zoning, of the Deschutes County Code. c . Until included in the Redmond Urban Gro\\1h Boundary, lands zoned Multiple Use Agricultural. Surface Mining, Rural Re sidential, or EFU in the RURA shall continue to be planned and zoned for rural uses, but in a manner that ~nsures a range of oPPortunities for the orderly, economic and efficient provision ofuroon services when these lands are included in the urban gro\\1h boundary. d . The County, by designating a RURA, shall adopt and implement land use regulations that ensure development and division of land in the Multiple Use Agricultural, Surface Mining or Rural Residential zoning districts, will not hinder the efficient transition 10 urban land uses and the orderly and efficient provision of urban scrvices. These land use regulations shall include : I. Prohibition on the creation of new parcels less than ten acres: 2. Regulation s that prohibit zone changes or plan amendments allowing more intensive uses, including higher residential dcnsity, than pemlined by the acknowledged zoning in effect as of the date of establishment of the urban reserve area. Such regulations shall remain in efTect until such timt: as the land is included in the Redmond Urban Grov.1h Boundary. e. Panilions ofland zoned Exclusive Farm Usc shall be allO\ved according to state law and the County Zoning Ordinance. The City of Redmond and Deschutes Count y shall adopt a RURA Agreement cons istent with their respective comprehensive plans and the requirements of OAR 660-021-0050. g . New anerial and collector right-of-way established in the RURA shall meet the righl·of-way standards of Deschutes County or tht: City of Redmond, whichever is grealer. h. The siling of new development shall be regulaled along existing and futurc anerial and collector right-of-\vay, designated on the County's Transponation System Plan, for the purpose of ensuring the opponunil)' for fulure urban development and public facilities. The siting ofa single family dwelling on a legal parcel is pennissible if the single family dwelling would otherwise ha ....e been allowed under law, existing prior to the designation of the parcel as pan of the Redmond Urban Reserve Area. j . City of Redmond shall collaborate with Deschutes County to assure that the County owned 1800 acres in the RURA is master planned before ;t is incorporated into Redmond's urban growth boundary. (Ord. 2002·005 § I , 2002; Ord . 2000·017 §L 2000; Ord 92·051, 1992; PL·20, 1979; Ord. 2005·023 §I , 2005) PAGE 7 OF 10 -F.XHIllIT"A" TO ORDINANCF. 2011-0 17 l1.4UI~O. Kegi"".! t !,,,""nll< 0 pP!,numh P"u<,,,, Page: 8 T Author: pam SUbject : Missing Policyl Date: 10/31/20116:49 :21 AM CRmCAL MISSING POUCY :L There IS no polICY here stating that once a large lot is brought inside the UGB under this plan it cannot be subdivided Into smaller lots immedlatay. 1.. A1though that is dearly not the Int ent of the plan, it would be legal under the policies as written here. 1. Policy Recommendation :No parcel brought Into an urban growth boundary under this plan may be subdivided for 20 years after it is incorporated unless over 50% of the parcel has been developed by a large lot Industrial user. The remaining portion of the parcel shall be kept In as large a lot as feasible to maintain the anginal purpose of large lot industrial development. ~-1=: Author: pam Subject: Replaceme nt Texl Date: 10/31/20116:08:42 AM tn-county 'I: ,Author: pam Subject: Replacement Text Date: 10/31/2011 6:09: 17 AM with Jefferson and Crook counties to h.. Th (! Ce nt roll Onyon !'CglI.)n need~ a crukal ma~~ OJ ('onmClllt\c aruJ di\'cr,;e \.lh:-anL l.le.... elo[!!"Jhle k4rge lot IDdUSlnill si tes ID order [or s ue :;electo r~ representing polcntl~l mdllSlrltl! Author: pam SUbject: Comment on Text Date: 10/31/201 16:11:16 AM -Don't do it! rccmltment to con~lder lh t ft'lllon, Alno!,! \I, nh 1111 or,he (Hher needed ~unp('t n (newrs ,"chld!"" adeQu me ly sk il led workforce w0rkforc~ '@lDloa programs. work~[ hnu~m l! You can establish polides to begin the regIonal planning process without incorporating the Johnson Reid document Into the Camp Plan . Author: pam Subject : Comment on Text Date: 10/31/20116:13 :36 AM Unsupported finding . The OEO report att'd to the Oct. 31 testimony specifically says that It indudes reasonably expected loca tion of out of area busmesses. Author: pam SUbject : Comment on Text Date: 10/31/2011 6: 14 :28 AM only one? thiS must be a typo . Author: pam Subject: Comment on Text Date: 10/31/2011 6 : lS :55 AM Unsupported finding . There is no data to support the daim that these bUSinesses are above and beyond what was expected by OED . T Author: pam Subject: Comment on Text Date: 10/3 1/2011 6 :18 :09 AM How do you know irs unmet jf you don't even have an Inventory? Juniper Ridge IS huge. Prineville has at least 1000 acres of industrial near Facebook. Redmond has 400+ acres inSide it's UGB right now . There isn't even an analYSI S of how many data centers, warehouses, and high tech companies might be able to move here, or what kinds of site needs they might have. Author: pam SubjeCt : Comment on Text Date: 10/31/2011 6 :20:48 AM 'Despite uSing the word "specific" this phrase is virttJally meaningless because it does not explain what kinds of attributes or amenities are required. t~t Olhli"hmn la!l1c~IOI inrlU '!1 tnlll ~e.. i. no 'IIPpl)' O(lI r \0 6 ~i\£•• IOj;MO(I in ""')1108 or emrndcd Urhan ('m.... 'h BnundqO .. (UGBn Every site out there has SOme SpeCIfic attrrbute, even if it's just a lot of juniper trees. If you're talking about industrial attributes "ddreHi:~ till· 'lh(!n ~IC m l l.mIt: ICI' mclU'i.trilll rtgiomt l land need In Central Ore-con anJ can he you have to name them. IDcmoorah~d as on ilddjllnoq l comnonenl of a city ·\ lw£uty yea r hmd ~!lpnl\ 'F Author: pam SUbject: Cross-out Date: 10/3 1/20 11 6 :22:22 AM!t.. T he suppl Y of un 14' ) 7 !oOl..t·tenn i\I IC1 \A. hich In cl ude) the 6 ~h on Iron ~1 1C''i represcnts th .. .J'Cut & Paste error. I,.JIITeD)ly rn:tiec ted (tmJI. 20-year regiona l land g uml,· q(,hj s l\Q£cial indusld:tlland This sentence doesn't make sense -It has two active verbs. e lu ssjtjcali on l RerJem'O.hing the s hnn lenn inVcnlt1rv s hall be Im1Hued " 'hen lorge 101 emnlovc~ dcmonstrate 0 BesIdes, It keeps you in the market choice trap. commllmtnllO shun «('on silt'!\ h, comnlctim.!.lund u~(' ent itlement s and c~C'culin[! si te­ development permits. !Deluding hUlldmy rerutl1S. suhlf:,! 10 abc follnwUlg n;nlem~hmeDl mt'ChilDlSIn PAGE 8 OF 10-EXHIllIT "A" TO ORDINANCE 2011-017 p£schl!l~s LoUn l\ sunpons II 10 CS13hhsh a COnlJ'\elltl'w e !i UPfl" n thaI roP y locale In CellIrn ! Orrunn -. 1\' n ,0 tlrE~liIbJ~r~un: im::oJIttcnh:unm l .ILinnlcd lw rrlcfCn~c F ,nw,ng' (min Ihc REQA [!;<O."'/C ; a.. Ttl.! CtnluJ1 O(~BQn [Cgmn con, r~ "..:-t;vc t.: ' :-; I't"CO nil ' ted m:lrk~ted 8l!. sur:h h) In c r~:l-.c Its f?Crt.:eiv~d ~c;t lc in ,hCl1l1 nrkl.!'l. ;:.. lL ~ L I:. h. i .L lll!!l ~,t(I!H~l Ql dC"'~lo~Cn~ jn~1.l~WW~Ii Ih "~ como!!D~IJ I o[a c CQm~1lng a~ 11!i: f~I££ tbe ~il~ s:!(" n'e need rm la. ~. Tw" slI e would be 2(j(~,. 6 months) s ites would ;'nr nroocn" near the re~lon 's stniclurC"'r.\o-.ul nl[)c~ and htI"" excess c.mndt\ <nd nfR<d 'Mn~.,flIoW""" 9 :t The )hon IrPlJ :monly nell ~Ites is A '9 enl olliecl1\,'C OfCcntfil l l~T1 tOT 1L [0 mumlaID lJ conmeJU,\'e shol1 1gnn f£ad\ Slnp!\-ofli'ln.:!c· lol rmnloymC:D! "'jlC" \~ jth thl! .an I ~ ~"i~ \,;lti It! ( nl utIWlo -s -\' • anddc\do ahl~s l l~SCih 1 e"c( he mRdg llvaibhle aI poe Tlmt , 't Iml Ore .on c lie ~ d cOunlle.~!th s or-the ado ton of.his :')ticv execule COl (1. nd l .m) S 1h-1 s ~ l!. repro) tho I optevtj.,t ~1!ctJ cnn!t1lo necwt"D' 'he chnQII:u;ri!lljc> HDd ~lnndard... a.1ij drffDE::d in the ]tE()A (0 gn[jl~t l;lrg,;.. lo1 indtu!dnl recDnlcTIh h. ES'.Bhli~ht!)enl (If a rcgionnl rtll\hurhy . n::;'I?Om,ihtt! f(,r fomHtllv 'umroninc [Cglonal htnH,.. ItI\ muuslrifll site!> flOer cIllClI idcnljfY nmcnlJall;u"did,uc:i through ,,!tem;ui\c I,lnd!> and nuhh4,: Page: 9 Author: pam Subject: Comment on Text Oate: 10/31/2011 6;28:52 AM T There is a critical word missing between process, and receive. The word is either should or must. The word is necessary to detenmne jf thiS is a requirement or a suggestion . 1000 Friends recommends that itshoutd only be "should". EDCO should not have veto power over land use deOSIOns. However, even more critically, this should have been the wor1< of the REOA. It is precisely this type of fine scale use needs that are requIred by OAR 660-009-0015. This work should not be left: to future land use deciSIons to be presIded over by EDCO . +.Author: pam Subject: Cross-Out Date: 10/31/20116:30:15 AM ~Delete: Cut & Paste error. l:!euthOr: pam Subject: Replacement Text Date: 1O/31/20116:36:51 AM tho >!Ie ~\ full b\lli~ lIuI"i!bIQ lb. planning ""coo by ~nn"'ing Ih. REQA .nAly,h aud vlqu hllhr partu:ula[5 ••rthe :!file '" ~~~ . . • . ' ........... _ ~I T ::::::::=.E:::::E:,:~'! ,~=:. ",lib Ihe rrgiooj11 clan . ..:i~lQ "lit hs I!Ylijntd ht prmjlie un cuim!!,I;([t'mn1(!ymcnl nml~~'it\h filt en1jlkulI;nI nm£c"~, .. hilll TS..'!,:ibs: fj)nngl "illQ0...n lipm EoeO thgl c;maidQ'£ IIlcKJ conmjn ng;ebL$O' :tjte ,;burPt!h:rhhq. qnd J1Unhuto .{l1l d"fioed in !he; REO.t\. 10 IItrO',,;1 IKD!C"Jo. mdu!\tnf11 .tmlIlIm ll., pc~huu~", Count". fnl11l1im; clKlrdjnnljon du!le-. l-pccificd in ORS 19S1U25 shall nrnro",!! and updmr it' I,;nmprt'hCD~i\'£ nlrm ",hen pl1ntt'imnjou d 1ft...., .... jlh," their mrisdicth)o lC'uislrurys:!y or through u yUd~j-jLldicldl nroct'is, Jec:.iP"!!!e Wm'lOi,lIy ~iGnifjcfln1 fo.!tcs l!!. Partlcip:umu cities in Dcschu t c~ Cnunt" (and m the )..('ollnlv REO" rgl]onl shall .ldont !J Iflrge­ lo t mdu!>trjg! (WcrJilv zone thai e'lIJhlishes anti nmjVlajn< !he' region '\ Ian!!! 101 IIld!I"iolnal""h: jo\oenlorv and mrmaGe\ II"-!'U.!C of such hlnds lL Dt.~byt~8 Count\, ~uppons EDCO, P. Dnn-profit orgoniloltlClJI fill.:ilitatlnL! De" ioh crea tl un and .;{!['IIHll !O\e-stmeD1 10 rrH'~nIlOr tmd ndvocP'e ror the I'CGion 's eOMs "r !1I31OIainiDg AD 1D"£nt~'!j vi upnropri:nc Sized and located jndu~trtUl 'Ol~ Jva ililblr h'l the market PIIOE 9 OF 10 -EXIIIBIT ··11·' TO ORDfNIINCE 20 11-017 faqllty a"rllv~c"\ hut ndor to "ny t'T1t(\I~m~nI PruCC1.S, ;L A Rculonal Ad""MlD' CommIttee (MC) will be cum.' . . . . . R ~, ~ k><!+!4~!li!b Suggested re ..write: .t.. 9. Deschutes, Jefferson and Crook counties shall cooperatively form a regIonal coordinating authority that shall conduct a regional inventory of large lot needs and available sites. The reg i onal coordinating authonty shall allocate sites among the crties of the region aa:ording to regional needs. Cities do not have the authority under thIS plan to conduct their own inventories or incorporate industrial land pUr5uant to thiS REOA outside of the lands allocated by the regional coordinating authorrty. !1. 10. Before incorporating new land Into a UGB dties shall inventory lands WIthin their UGB to deremune whether they can aa:ommodate the large lots allocated to them by the regIOnal coordinating authortty. T-".' '"_~_'"T~~","""""",,,~'This is work that should have been done by the REOA. You cannot replace it With a policy to fOist the work onto the dbes at a /.~-~-,'",..~~ ~" ..,,'"'''"''~ y Author: pam Subject: Comment on Text Date: 10/31120116:41:58 AM _ _ This Is work that should be done by the REOA. Deschutes County should work with EOCO, Business OR, and data about trends in targeted industries to determine the likely site needs per OAR 660-009-0015. Then the Inventory should be done verifying that we have approximately the right number of sites With the needed charac.teristics . IB: lJ e~hut!!j tOI,"" , 10 cplll\btlmuun " Jib nlht,t LcntN I vl §uht "i ellg il .[( .• Lf.S 41t"M" ,or' t oeD »ilI s:oordintllo (lnd ... el:lll....-·uM.lnce [mID :;tQ1~ UgCI1C IC!\ to contlnuallv suprw:;\n R r CRIPWI] e(OnOffill. development rrn1cnjshmenl ~h1l 1-cy\ 19. De3Chlll~ ('("'"t\ Will strenQ1htn lon!!-tCm l con li dence In .he econom y Iw hllHdmu mnOvnl,\c (!t;!on LCttlslnlure nod !'Mn ~ I.H!.... wuh TCL!lOna l [lIIl-llI; nnd ''':-.enl'-' 'lc'es and Ih elr C<lIll.lDU;ti/ ..., U.I dildrc~!\ nu hl k .' Irafl.!lf)(1T1ll110n god urbani :... ill iln ~I 'q 0 \' 0 0 1 un'lIes In e _ f r,T11ic1r;ltins cilk}ln l1F~d!l llC') Cn.lIlt'"' ..... 111 \\urpon the ,",bll",; Mnlttnlc h;I ~C: ~\ rm\ liling .pUrs tlolft: lund llnd mrrn\lnU;n,r'e 'll mIlks: til, sjtcoj 5 1I m,11\'C ttl hU'Iln£:'tMi' y..'11I1og au 'rr-t:,t in hill" Joh demit" ,oa inJw.lDal M!th;h .,., Cjlin ju -pc\&;h ul l,"'4l ("<,umy \VOl ItSrntluw hi nm\'jdc high guulih; ph) 31CJl] infri1$1nktutt!O ~C1'\'e Ihr nec;d, o[h"5ine1>!.1 lOrd 20 10'{)17 §I 201 I) Page: 10 Author: pam Subject : Comment on Text Date: 10/31/20116:53:38 AM 'W'h y not simply adopt a polLey of reviewing the status every five years, or as needed if .t becomes apparent that changes have occurred? r Author: pam Subject: Comment on Text Date : 10/31/2011 6:52 : 13 AM __ Planning for Infrastructure is a required part of an REOA. You cannot just adopt a poliCY of dOing it later! PAGE 10 OF 10 -EXHIBrrA " TO ORDINANCE 2011 -017 FINDINGS PROPOSED PLAN AMENDMENT The proposed amendments to Deschutes County's Comprehensive Plan are described in Ordinance 2011-017, Exhibits A, B, and C . Added language is underlined and deleted shown as 6tFiketRre~§R. REVIEW CRITERIA Ordinance 2011-017 formally adopts the 2011 Central Oregon Regional Economic Opportunity Analysis (REOA) and several regional large-lot industrial land policies in its comprehensive plan . Deschutes County lacks specific criteria in Deschutes Co ty Code (DCC) Titles 18, 22 , or 23 for reviewing a legislative plan amen nent. Nonetheless , since Deschutes County is initiating one, the County rs the responsibility for justifying that the amendments are consistent with Oreg Revised Statutes (ORS), Statewide Planning Goals, Oregon Administrative Rules OARs), an its existing Comprehensive Plan . The findings are organized as follows : Section (1) -ORS 195.025 • Section (2) -Statewide Planning Goal 1, Citizen Involv" • Section (3) -Other ORS Section (4) -OAR Division 9, Economic Develop Section (5) -Other Statewide Planning Goals Section (6) -Deschutes County Comprehen :ve P n • Section (7) -Deschutes County Compreh siv _ Ian Upda Section (8) -Planning Commission Re, ndation Section (1), ORS 195.025 activities affecting land uses county, cities, special di comprehensive plan for t, dy, is exercising itst!tatutory egio need for large-lot indus. ial sites. grated ,mprehensive plan Iletweef:I eschutes f/fJ~leIIiRIlr-S,end , La Pine, Redmond, and Sisters to PAGE 1 OF 60 -EXHIBIT '0' TO ORDINANCE 2011-017 Summary of Comments on REOA ExD Findings Page: 1 'l::t uttlOr: pam Subje<!: Replacement TextOate: 10/27/2011 5:15 :27 PM < responsibility Subje<!: Replacement TextOate: 10/27/2011 5:17:06 PM If you use "unmet" here you run the risk of mak.ing an unsupported conclusory statement. You could also dte to the location in the record where the findings condusively show that the need is unmet. Subje<!: Replacement TextOate: 10/27/2011 5: 17 :32 PM 'Ii ,Author: pam Sub)e<:t: Replacement Text03te: 10/27/2011 5:19 :09 PM :..I coordinatlng -t:lAuthor: pam Subje<!: Replacement Text03te: 10/27/20 11 5:17:56 PM :.Jencouragmg SubJe<!: ReplacementTextOate: 10/27/ 20115:19 :30 PM 't;;~~r:, ~~._ ._~ub)e<:t : Replacement TextOate: 10/27/2011 5:18:41 PM Again. keeping it In runs the risk of makIng an unsupported condusory statement. responsibilities of a regional entity, such as Central Oregon Intergovernmental Council (COIC).' COIC serves as the Economic Development District representing Development Crook, Deschutes and Jefferson counties as designated by the Economic Administration .2 DSSGhlltss Cellnty is applying its GeeF9inatien autherity te Giti intsFnatienal in910lstrial rSGFllitrnsnt. as a staMss, statsIYifls planning geals, anfl aflrn inistFativs rlliss . • ORS 195.025: (2) For the purposes of carrying out ORS chapters 195. counties may voluntarily join together with adjacent counties 190.003 to 190.620. Finding : Deschutes County is voluntarily coordinating wit ok and Jefferson counties and the cities of Prineville , Madras, Bend, Redmond _rs and La Pine as authorized in ORS 190.003-190.620. f)e;SGI1i\l1e~;oo~-Wj1ffU8ei:.as&W~'IaI-~OOI<rafKh.Ie#9'600 p91iGias , anfl finflinQs. Section (2) -Statewide Planning Goal 1, Citizen Involvement Goal: To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. The citizen involvement program shall incorporate the following components: 1. Citizen Involvement -To provide for widespread citizen involvement. 1 COIC IS a Council of Governmen!s organized under ORS 190 by the three co unt ies and seven cities of Central Oregon. COIC is governed by a 15-member board made up of elected officials appo inted by each of the member ~overnments and appoinled representatives of key economic sec1ors. Central Oregon ComprehenSIve Economic Development Strategy. Appro ved by the Central Oregon Community Investment Board . November 29.2007. 5. One function of the EconomIC Development District is developing and maintaining and updating the Comprehensive and Eco nomic Development Strategy (C EOS ) The CEOS IS Ihe resuh of a local planning effon, and serves as a guide for regional groWlh . PAGE 2 OF 60 -EXHIBIT"C-TO ORDINANCE 2011-017 Page: 2 -to Author : pam Subject : Replacement Text Date: 10/27/2011 5:2 1:33 PM J]ust elelminate this here, and address Inter-county coordination under ORS 195.025(2) below. Also, the last bit sounds like you're a used car salesman. leave that out until you have actually presented the facts that support It. Subject: Replacement Text Date : 10/27/2011 5:22:16 PM'\:~:::;: pam Nothing here adds to the eVidence that you're complying with the arteria. Author: pam Subject : Comment on Text Date: 10/27 /2011 5:24 :33 PM Sounds like a used car salesman again . Don't adverbse like this until you've presented the facts. These are findings , not propaganda. 't,Author: pam Subject: Replacement Text Date: 10/27/2011 5:26 :16 PM Deschutes, Jefferson and Crook counti es have informally agreed to adopt identlcal elements of this REOA into their Comprehensive Plans , and to work cooperatively together to manage the program through COle. 2. Communication -To assure effective two-way communication. 3. Citizen Influence --To provide the opportunity for citizens to be involved in all phases of the planning process. 4. Technical Information --To assure that technical information is available in an understandable form. 5. Feedback Mechanisms -To assure that citizens will receive a response from policy­ makers. Finding: Deschutes County has undertaken an extensive process to satisfy the components of Goal 1. As demonstrated below, Deschutes County has been transparent and diligent in its ccmmitment to allow ample opportunities for citizens and stakeholders to participate in this process, raise important questions, offer opinion about the REOA, and to receive answers about why local policy makers have chosen to adopt the policies and actions included in this ccmprehensive plan amendment. Deschutes County received a Technical Assistance (TA) Grant from the Department of Land Conservation and Development in 2010 to evaluate Central Oregon's opportunities, competitiveness, and ability to recruit new and locally grown firms requiring new large scale development models. Johnson-Reid LLC, was selected from a pool of consultants to develop a REOA. The TA Grant enabled Deschutes County to kick-off this project by ccnvening an industrial land forum on June 28, 2010 in Redmond. Representatives from Johnson-Reid LLC, Business Oregon, IronWolf Community Resources, Eccnomic Development for Central Oregon, and Deschutes County spoke at the event. The purpose was to engage business leaders and listen to their perspective about large-lot industrial sites and regional ccmpetitiveness. Over the ccurse of eleven months, the REOA then went through several iterations with the assistance of a Regional Advisory Committee (RAC). The RAC ccnsisted of Central Oregon cities, counties, Johnson-Reid LLC, Business Oregon, Department of Land Conservation and Development, Department of State Lands, CalC, 1,000 Friends of Oregon, Economic Development for Central Oregon, Central Oregon Association of Realtors and private area developers. The RAC met offiCially six times and reviewed several iterations of the REOA before it was finalized in May 2011, one month prior to the ccmpletion of the TA Grant. The culmination of the project was a Regional Forum held in Bend at the Deschutes Service Center on May 24, 2011 to share the results of the REOA and answer audience questions. Deschutes County formally initiated a post acknowledgment plan amendment on June 23, 2011. The Deschutes County Planning Commission held two hearings on August 11 and 25 respectively and received two sets of testimony from 1,000 Friends of Oregon criticizing certain elements of the REOA. After receiving all the testimony, including BUSiness Oregon and Eccnomic Development for Central Oregon's written and oral statements, the Planning Commission closed the hearing on August 25, deliberated and recommended the Board of County Commissioners (Board) adopt the plan amendment. The Board held two hearings, one on September 25, the other on October 31. In PAGE 3 OF 60 -EXHIBIT -C-TO ORDINANCE 2011-017 This page contains no comments recognition of the technical questions raised by 1,000 Friends of Oregon, the Board on October 3 directed staff to: Retain the services of Jerry Johnson with Johnson-Re id LLC, the firm hired to produce the REOA to respond in writing. Coordinate with Business Oregon and Economic Development for entral Oregon to revisit 1.000 Friends' arguments, respond in writing a ,:or testify on the 31". Coordinate with the Department of Land Conse ulon and Development to revisit 1,000 Friends arguments, respond in w(', ,and testify on the 31" . Reconvene the RAC prior to the publ earing on the 31 st to update everyone on the County's efforts to coor " e expert testimony and provide substantial evidence in the record . In response to the foll~questions and argument raised by 1,000 Friends of the county finds that 1,000 Friends 01 Oregon largely has not cited rAviAw4'rit..ri", standards against wh iCh the county's leg islative declslon must be reVl has It asserted factual errors In the county's analysis or IntArnrRtRll6'n before il. Lacking speCific allegations of error in its leg' that it can do little more than reiterate information fror decision. The county finds that clearer explanation of its to provide effective and meaningful citizen Planning Goal 1, but that the county is not criticism or challenge that is not sufficiently the concern and offer a full response. The county finds that in this legislati)l<{action statutes, the statewide planning...g6als and~ociated that weighs and balances' in th is The Coun ty recogn izes that when a reach the decision made by the local government, in view of eVloence...n1 the record, the choice between connicting evidence belongs to the 3 OLCD v. Douglas County, 37 Or LUBA 129. 132 (1999) (citing 1000 Friends of Oregon v. CIty of North Plains . 27 Or LUBA 372. 377-78, affd 130 Or App 406.882 P2d 1130 (1994) Substantial evidence IS evidence a reasonable person would rely on In reaching a decision . • Younger v. City 01 Porlland. 305 Or 346, 360. 752 P2d 262 (1988). PAGE 4 OF 60 -EXHIBIT ·C· TO ORDINANCE 2011 ·017 Page: 4 T Author: pam SUbject: Comment on Text Date: 10/27/20115:32:34 PM BS!! And conclusory too! The biggest problem with the findings IS that they are not based on substanbal evidence in the record as a whole. That standard is first cited on page 2 of our Sept. 26, 2011 comments. Other problems in your response to our comments is that you responded only to the questions as re-worded. There were many nuances in the aaual text of the letter (including otatlon to speaflc statutes) that were overlooked in the consultant's responses because those responses only responded to the summarized questions If this is realty suffiCient, then all a county would have to do to have any size UGB they want IS hire the right expert. IS one of the hazards of only answenng issue raised 1000 Friends testimony was trying to get at what global or natK)nal trends exist that indicate that there are large corporations out there that are interested in moving to places with the ktnds of assets Central Orf(]on has. ThIS question arises from OAR 660-009-0015 quoted in 1000 Frrends Sept 26, 2011 testimony at page 12 . That OAR requires ''The economic opportunibes analysis must identify the major categories of industnal or other employment uses that could reasonably be expected to locate or expand rn the planning area b:as~<tonjnf<X1TlatioQ_ab9ut: nat}onal,-state,.JJ~:9iQoal, _CQur:tty_Q~ local trends. This review o( trends Is the principal basis (or estimating future industrial and other employment uses" Apparently, that question was missed. The response to this quesnon largely only addressed the fact that there is a local desire to have large natIonal or global oorporanons here. The wish does not create a reasonable expe<:tation that such bUSInesses will come. Many people would like to get good jobs. Wishrng for such a job is important, but other work is necessary too. There is only one sentence in the entire response to this question that actualty addresses trends outside the area. It concludes that there IS a growing demand for large industrial lots. But there is no supportmg information explaining why Central Oregon would be competitive for getting those bUSinesses, esp. against existing areas like Detroit that have thousands of acres of lots with bUIldings and infrastructure. Deschutes County finds that to have a fully-developed program that serves the broadest range of area citizens and businesses, it is critical to be competitive in the segment of economic development that depends on the availability of readily­ served, large-lot employment sties. As such, as a matter of policy, the county chooses to identify and implement a program to create a large-lot land supply that enables Central Oregon to be a competitive region for industrial recruitment. Central Oregon's traditional industrial base remains active in the local econom and the region would like to increase its emphasis on industrial employme strengthen that baseS The region's supply of affordable land. low cost .. les, quality of life , and organized economic development landscape Kes it an attractive option for growth in many traded sector industries'" many locally based service-sector businesses are an essential part 0 _ en's business mix and quality of life , they are not as effective in cr l ng living wage jobs. 7 Central Oregon economic development effo ,ave be negatively impacted by a lack of readily available large-lot in rial sites. ajar employers In traded sector Industries (export Industrie re the primary drivers of ecoflOmlc growth, providing the Impetus lor n rowth in t he regional economy and supporting wide range of Sllpport ustrles . At the state and local level, policy ers understand the i p rtance that large-scale employers can have 0 ne local economy. I 7 Central Oregon was home to three firms wit ,000 or more emplo and an additional five with at least 500. 8 In a slructural sense, globalization has changed t way manufacturers conduct business. Cosi and effIciency a re the al tenants of an inaeasingly competitive markel. Firms are Increasl pressured to develop more capital Intense productlon models, placin greater emphasis on economies of scale , as well as production efficie and flexibility. nme-to-market for firms has become an even more cru ' faclor as they make decisions to locate new plants and facilities . The has been the emergence of a dear real estate trend , creating a globa mand for large development ready Industrial sites , with the immediacy utility services (both public and private sector) of critlcal Importance. Deschutes County's choice to pursue a regional approach to large-lot industrial employment sites is also consistent with Central Oregon's Comprehensive Economic Development Strategy (CEDS). According to this report, two of Central Oregon's Long-Term Priority Goals are: Goal XIII: Sufficient supply of land affordable for commercial , industrial and residential development. 5 Johnson.Reid LLC , Central Oregon Large Lot Industrial ReglOn81 Economic Opportunity Analysis, Ma y 31, 2011, 1. 'Ibid 7 Ibid .• 4 , ' Ib<t . 'Ib<t.. 2. PAGE 5 OF 60 -EXHIBIT 'C' TO ORDINANCE 2011·017 Page: 5 T Author: pam Subject: Comment on Text Date : 10/28/2011 10 : 11:26 AM This sentence needs to be footnoted. TIlls IS exactly the kind of unsupported conclusory statement of faa that will be easy to cIlallen<je at LUBA . Autnor. pam Subject: Comment on Text Date: 10/28/2011 9:18:49 AM It seems like most of these factors would eliminate Central Oregon as a competitor. If time to market is key, busmesses would want to locate near markets, not hours away. Further, if it's just large industrial lots they want, and adjacency to markets doesn't matter, why aren't they flocking to places like Detroit that has recently been famous for losing industnal manutaaurers. There they would have thousands of acres, buildings & Industrial scale Infrastructure in place, and a workforce ready to take manufacturing jobs. Even if this statement is true, what do "'we' have to compete with that? What national Or international forces make CO more attractive than Detroit? _ Author : pam Subject: Comment on Text Date : 10/28/20119:13:28AM ____ -JAgaln • the O1JX ot the legal challenge . Does the unsupported say-so of me consultant qualiry as substantial evidence? Goal XVI: Ongoing regional planning is in place to preserve and enhance the region's economic appeal and effect orderly economic development. One of Central Oregon Community Investment Board 's short-term priorities promotes: Structures and processes of public and private organ izations to effectively create, adapt, foster and sustain economic development in Central Oregon ' O Through the CEDS planning process , past regional needs and issues processes, the 2007 infrastructure needs inventory , and through other methods of economic analysis, the following projects , programs and activities have been identified for focus over the next six years : Support of industry clusters . Assist in the retention, expansion and recruitment of secondary wood products, aerospace production and parts, targeted sectors including apparel and sporting goods, aerospace including information technology, renewable energy, light industrial and manufacturing, and research and development." As noted in the CEDS, new traded sector and investment is critical for building strong regional economy. A strategy that increases prosperity for all Centr Oregon residents in rural and urban communities by balancing, diversifying a~d developing the region's economy has been promoted by economic development theorists and practitioners as a critical underpinning of a health regional economy. Three objectives promote: 1. Facilitating new job creation and economic diversification ttjrough recruitment of diverse new traded-sector companies across all industries that offer family-wage employment; 2. Facilitating new job creation through expansion of existing tra companies across all industries that offer family-wage employm ¥nt; and 3. Supporting retention of existing traded -sector companies / across all industries that offer family-wage employment. 12 What is it about competing regions and their industrial land st/pply that has enabled their success? Successful local and regional industrial recruitment in the 21 " Century must consider global competition factors. Communities, regions and states that focus primarily or exclusively on outdated governance paradigms are ill suited for 10 See note 2 above (Central Oregon Comprehensrve Economic Development Strategy). 4 and 17 Il Ib Id. 12 Ib id .. 14. PAGE 6 OF 60 - E XHIBIT -C-TO ORDINANCE 2011-017 Page: 6 r .Author: pam Subject: Comment on Text Date : 10 /28/2 011 10 :59 : 18 AM Note tha t noth ing In this pa ragraph responds to the question. keeping up with fast paced global economic and industrial marketplace changes. Industries must be nimble to be successful in the competitive global marketplace. Manufacturers must be able to quickly produce new products at expanded, renovated or new production facilities in "just-in-time" fashion. Often accomplished through on-site expansion on areas reserved for that purpose IQuincy IS a great example. industrial site selectors must choose sites large enough to build-in expansion capacity . Government must be responsive to align its rea and process requirements to meet market demands if it w' capture the considerable benefits of high value industrial dev ent.'3 Appendix B of the REOA s examples jrvtfle Pacific Northwest and the Western United S local govemments proactlvely p lannl ng for industrial development.'4 CommunH ies like Quincy, Washington for example , examined their community assets , In this case large capacities of electricity resulting from the closure of several foundries and invested in iar\l;e-Iot i ndustrial sites that today accommodate six large acteage industri al users . Deschutes County chooses to initiate a similar program to compete for large-lot industrial employers . EOA documents Ihe strengths and weaknesses of Central Oregon 's economy. hutes County, by exercising its statutory coordination authority, wants to leverag ;, trengths and employ new economic development tools to create a dynamic and co I 'tive large-lot industrial land supply portfolio and inventory that appeal to industrial Sit ctors. ~rding to the R.EOA and testimony by Business Oregon aFld ECOFlom ic alop~1 representi for Central Oregon , Central Oregon needs a critical mass of competitive an vacant, developable Industrial sites In order for slle selectors potential Industrial recru itment to cons ider the reglon .'8 Does a competitive portfolio of large-lot employment site create a strong and thriving economy? The county finds that maintaining a competitive portfolio of employment sites is not a guarantee of a strong and thriving economy, but examples abound of the benefits of having such a supply. The county finds that as a malter of policy providing the opportunity for businesses that need such a portfolio of sites is belter for the community than not providing the opportunity. For example, Citing Economic Development for Central Oregon's wrilten testimony, the Facebook industrial site in Prineville already has 52 full-time employees involved in !lJ<.1 operation of the facility and expects an additional 12-15 jobs next year. The majority o f these Jobs are highly !echnical and well-paid. Additionally, more than 13 See note 5 above, (Johnson-Reid LLC . May 31.2011. REOA), 2. 1<01 Jerald Johnson, Johnson-Reid LLC . Response 10 REOA Critiques 8nd Questions Submitted by 1000 Fnends of Oregon. October 21. 2011 , 8. As outhned in the experience of the areas summarized in AppendIX B of the REOA. areas with less unique site qualifications must stress low barriers 10 entry. IS See note 5 above, (Johnson-Reid LLC . May 31 , 2011 . REOA). 6~9. Hillsboro . OR. Austin . TX. Hermiston . OR. ~~~~~ Tounry. OR, Reno. NV. and Sail Lake City. UT are also profiled. PAGE 7 OF 60 -EXHIBIT ·C" TO ORDINANCE 2011-017 Page: 7 T ,Author: pam Subject: Comment on TextDate: 10/28/2011 10 :20:46 AM ____ _ ·Proactrve planning Is not the issue. The issue is what assets the communrty had, and whether we "'"ca"n'"'i"de"n7tl7"fy""'a'"'sse=ts'"'t"'h"'"at:-m=-a=tch the needs of any large scale Industrial user . T Author : pam Subject: Comment on Text Date: 10/28/2011 11 :06:22 AM However, ltIe limited respollSe to this question again shows the hazard of ans.vering only the summarized question, Instead of examining the adlJal text of the testimony. What we need to know is not just what others did, but how we can apply those lessons locally. That IS the part ltIat Is required by Goal 9, and ltIat's ltIe part that was left: out of thiS response. Looking at how others found success bringing in businesses gives us Ideas aoout how we can do the same. Simply shOWing that others have large businesses is useless unless we apply those lessons. On page 13 of 1000 Fnends Sept 26 testimony we explained that what IS needed in addition to examples of growth, is an examination of how our local assets make us competitive 10 our targeted markets as required by OAR 660-009·0015. OAR 660-009-0015 (1): "The economic opportunities analysIS must Identify the major categories of industrial or oltler employment uses that could reasonably be expected to locate or expand In the planning area based on Information aoout national, state, regional, county or local trends. Th is reView of trends is the prinapal basis for estimating future industrial and other employment uses as desrnbed In section (4) of thlS rule. A use_or:_GltegolJ'_Qt~_CQvld reasoQ9..b.1y be expec;ted t9.expalJd_orJQCa.tejIJJj)~ planning area if t~area possesses tbe appt.Opria.te locatlonal factors for the use or categpry. of use . .. (underlIning added) What's missing from this REOA is an examination of our "appropriate locational factors", and a comparison of those local assets to the needs of a potentially recruitable industry. For example, If we want to plan for data centers we need to address not just raw land, but ttle availability of electricity and telecom infrastructure. There also needs to be an analysis of the depth of the national (international?) market, and evidence that there are data centers out there looking for homes. NOTE: This might be "really-easy evidence to IntrodLK:e to the record. It's already been reported to the media that there are 3 data centers looking at C. Oregon. See OPB News "Energy Leaders Meet to Plan for Central Oregon's future Power Needs" October 24,2011. It just has to be in the record, or you don't have substantial evidence. T Author: pam Subject: Comment on Text Date: 10/28/2011 11:07:46 AM Condusory statement & it doesn't compare existing local assets to Industry needs . J Author: pam Subject: Comment on TextOate: 10/28/2011 11 :10:22 AM 'This sounds dangerously hke "market choice". AND It only addresses one element of local assets: land. OAR 660-009-0015 reQu ires a look. at more elements that availability of land. r Author: pam Subject: Comment on TextDate: 10/28/2011 11: 18 :2 4 AM 'This IS a potentially key fact on which the county might base its decision, and is not s upported by evidence In the record. "Well paid" should be qualified -according to local pay rates? According to the national average? According to Silicon Valley wages? lilst I heard pay rates averaged SsO ,OOO/yea r, but that induded ttle value of all benefits which IS typically a third to half the cost of an employee. 1,200 workers helped construct the of 300 on the site on have been very centers because have seen hundreds 01 millions dollars Why should Central large-lot industrial sites noticeable changes demand and the as 8 region invest limited resources to provide for acres»? one of the most This change in document elements Oregon's to the state and investments, labor shortage and even opportunity loss to our communities and Deschutes finds that as a matler of It may choose how to structure its community economic development those activities are consistent with applicable local, state and federal and those for land use planning, Central chooses to Invest In Industrial sites because it is an additional to broaden the region's economic attractiveness, While trade sector industries are primary drivers of job creation, the REOA does not assume that employers are those drivers, Instead, Industrial demand recognizes accommodating these types of a reasonable component of an economic development Furthermore, Economic Development for Central recognizes recruitment of companies in new and existing is an important comoonent of any successful economic and diverSification New to communities to 18. Ibid., 3, 19 Bev Thacker, RaN Served & 20 Ibid., 2 and 3. The chart on Increased in the mea$urement bring a different mix and technical talent can spawn other businesses and technologies, Objections Industria! Sites Memorandum, March 11, 2008, 1 while not a comprehenslw; record. shows that the demand fer large sites has ana that has moved to denSities 21 Jerry Johnson, Johnson-ReId LLC, Response 2011, REOA, ~pendix C 2 Roger L66. Economic Devefopmenl for Centrol Oragon Letter, June 3, 2011, REOA. Appendix: C, 3, PAGE 8 OF 60 -EXHIBIT 'C" TO ORDINANCE 2011-017 page Business Oregon is mandated by ORS 197 .717(2 ) to "provide a local government with state and national trend" information to assist in compliance with ORS 197.712 (2)(a )." The department reviewed the Central Oregon are and made the following recommendations : Given its current size and expected growth, it is l unreasonable to assume that the region being examined of the current Central Oregon Large Lot Economic Oppo ; y Analysis should have a mix of large-lot sizes for potential yers and site selectors to choose from. Such a mix would h at least multiple ready sites in the 200 , 100 an 50-acre plus " <lage ranges in order to meet expected 20 year:Aarld suppl ,_ as. 23 According to Business Oregon . Central Oregon exp recruitments fn the past six months looking at Ind grealer. One firm was looking for a site in the to 150 range , while three have been looking for sites in the 150 to acre range . One firm was lost due to the uncertainty of and land u actions that were required , and the properties proposed were elimina from consideration and it is not known if the company has reached a I location decision. That search started in the 50-100 lot size and the panded to the 150-200 lot size . The other three are still in the active age and no additional details can be furnished because of nondisclosur greements that are in place ." ThereXno evidence that large industrial lots mean many jobs. he county finds that its policy decision to promote a portfolio of large-lot employment sites is not merely an empirical exercise relying on the experiences of other regions or jurisdictions, The county further finds that regulations govemlng land use planning do not establish legal standards or threshOlds by which to judge the efficacy of public policy of economic development. [acking such standards, the county finds that evidence in the record supports the decision to proceed with the plan amendment. For example, Economic Development for Central Oregon's written testimony notes that, in Bend, the largest technology company, Bend Research, has had more than a dozen companies spun out of its operations as such that employment counts of these "new" businesses now greatly exceeds its own employment. It is highly doubtful that these companies would be in Central Oregon if not for the parent company. 25 • Are jobs from large-lot employers beNer than small lot employers? 23 See note 5 above (Johnson.Reid LtC. May 3 1, 2011. REOA). 46 . 2" See note' 4 above (Jerald J ohnson, Johnson-Reid LlC. October 21, 2011). 5. 25 See nOle 17 above (Roger Lee , Augusl17. 201 1), 3. PAG E 9 OF 60 -EXHIBIT -C-TO ORDINANCE 2011-017 Page: 9 r Author: pam Subject: Comment on Text Date: 10/28/2011 11:27 :48 AM GREAT In(ormation! Needs to be footnoted . Where is this in the record besides in your findings? r Author: pam Subject: Comment on Text Date: 10/28/2011 11:33:57 AM This statement does not respond to the question" at all"'''! Is this a Virtual admission that large lots do not create many jobs but that you want them anyway? I must admit, it's not against the la w to aim to bring in large lot users that don't employ many people . It just strikes me as questionab~ polrcy ESPEOALLY IF those large lots users soak up lots of tax payer dollars selVing them With infrastructure. What are we really paying per job created? And, is this what we want to do with ou r exceptional landscape? Page: 10 r:D~eiSs:CChh~ut!EeiSsi"C~oiijunn~tyl~!lniiiddissytFiFiiaaltrtnffiEe,cCiuUirn;re&n~t~p~ro~po~$:lIartlt:i~.li,,~urt"l-cu,,""n!e~"~. it:C~I!~lalIr:.-.______---.: r fluthor: pam ______· h~eflFe~al--p~.aart~·' Subject: Comment on TextDate: 10/28/2011 11:49:10 AM class of employers Is better or more valuable than another, and that participation In this regional approach enhances rather than detracts from employment oP~rt~ndnl'lIesl and ~huallity ofI lit? din thrle rregi°edn. The countythis Choos!ng targe!~ baslo I US!r es Wit arge-ot In US! a ne s to support e region s economic development objectives . While many locally based servlce·sector businesses are an essential part ot a region's business mix and quality of life, !hey are not as effective In creatrng new living wage Jobs,2I Since 2002, wage levels in Central Oregon have averaged a 3.2% annual rate of growth, comparatively better than a 2.8% annual growth rate at the State level. However, Deschutes County's average 2009 wage level of $35,295 was well below the statewide average. Lower relative wage rates coupled with housing affordability concerns can limit the region's ability to attract a high quality workforce to the region ." The county finds that analysis in the REOA does not diminish the importan small , start-up firms . What it does do is note that these firms represe nly a portion of the spectrum of firms , and a balanced economic develop t program would provide for these types of firms as well as larper industr' firms. The two categories are complimentary, not competitive.2 Elf . to help existing companies (large and small) to grow or sustain their ployment have been in place for more than a decade. Efforts to h start-ups and early stage companies are also solidly established . nomic Development for Central Oregon understands that most jobs com am existing companies, which is why it dedicates more than 50% of its rts to fostering entrepreneurship and the retention /expansion of existing t ed-sector companies. 29 Evidence provided in e REOA , page 43, Figure 25, indicates that large industrial lots wo result in a net job loss in the region. It seems that bUSinesses w ' 20 or more employees are fin'ng more peopte than they are s economic sector is shrinking in the westem US generally, yk1 'e expect to see growth in Central Oregon in particular? Johnson-Reid [Le, responded to this question by stating th e contention here Is that since larger firms have been losing Jobs In ag ate, the Region will be unable to capture new larger firms In the future.. understand the relationship between these numbers you need to differ .,; te between net and gross activity. While contractions in aggregate have eded expansions for larger firm sizes, the cited table also shows that the number of firms has Inoreased significantly. As shown on the table, the birth and death of firms is an ongoing phenomenon, and a very substantial number of new firms are formed annually through births or expansions. The ratio of births relative to deaths is most positive in the over 20 employee range cited in 1000 Friends critique. The relevant metric for projecting 2Ei See nOle 5 above (Johnson-Reid LLC. May 31 , 2011, REOA). 4. 27 Ibid.. 20. 28 See note 21 above (Jerry Johnson, Johnson-Reid LLC , May 31 , 2011, REOA. Appendix C). 3. 29 See nole 22 above (Roger Lee, June ) , 20'1) . 2. PAGE 10 OF 60 -EXHIBIT 'C-TO ORDINANCE 2011-017 ThIS is an Important question because If large lot employers really pay more. this effort 's really worth it. However, if lar1je lot employers dont pay more, we shouldn't be spending IDx dollars on recruiting them. The problem With this answer is tnat it doesn't say one thing about the actUal wages likely to be paid by large lot employers. It does say that service-sector jobs pa y below the state wide average. But that doesn't say anything about large lot employers. It might be that small lot, locally grown traded sector employers like Deschutes Brewery, Bend Research, Bend Broadband, Kialoa Paddles, Adv anced Energy (PV Powered) pay better. r Author: pam Subject: Comment on Text Date: 10/28/2011 1:22 :24 PM Admittedly, the implications of this issue could have been better clarified. The Issue is this: We are co mpetJng for a very limited res ource -one that is shrinking. A statistJcally "fair share" of that resource is nottllng. In other words, rf we rely solely on the application of natlonal trends to predra the number of jobs that "could reasonably be expected," OAR 660-009-0015, from this sector, that number would be zero. Hence, this analysis alone provides no evidence of need for new land . If we are going to get a share, espedally a larger share than others, we need to ha ve a competitive advantage that can overcome those statistics. We need to have a reason why we would be attracting businesses at a (aster rate than other places. Such an analYSIS should be In the "targeted industries" section where the specific needs of an industry can be identified and matched against the actual assets of the communrty. OAR 660-009-0015(1): 'The economIC opportunitJes analYSIS must identify the major categories of Industrial or other employment uses that..couJeU:.eason.ab[y .b!!_exP:eCted"_to locate or expand in the plann ing area based on information about national, state, regtOnal, county or local trends. ThIS review of trends is the pnndpal basis for estimating future industrial a nd other employment uses as described in sectJQn (4) of this rule. A use or category of use could reasonably be expected to expand or locate in the planning area If the area possesses the appropriate locational factors for the use or category of use." Author : pam Subject : Comment on Text Date : 10/28/2 011 12:56:21 PM "This is an exaggeration. There was a 2% increase In the number of firms. That equals 3,181 new firms with 500+ employees in WA, OR, CA & ID . While 3,181 new firms sounds like a lot to centr.al Oregon, many of those will be located in the seattle, Portland, San Frandsco, or Los Angeles areas. There stili needs to be some reason why those businesses would come here r.ather than locate In one of those larger metropolitan regions. ______ the prospective capture for Central Oregon is the birth and expansion number , not the aggregate employment number. As noted in the REOA, firms primaril become prospective recruitment targets when they ar n their existing facilities or business environ a e . As a result, the number of births (which can Irms as well as firms expanding into a new classification) a key indicator of the depth of potentlal market demand, As the prim ary target of the REOA is firms exogenous to the current economy , i lillilliilllllllllllllllllllllilll1l30 I According to global data center David Aaroe , (co-founder and principal, Fortis Construction), Central Oregon has all the elements to rival Central Washington as a top location for the data center industry in North America .33 As noted in the REOA, currently Central Oregon has a shortage of large vacant industrial sites and is rarely a serious competitor for industrial recruitment due to this scarcity. Again, Deschutes County chooses to adopt a REOA and imple a large-lot industrial siting program because it is identified by esta experts as a roadmap to resolve this land supply shortage prove the regional economy and employment opportunities. e county finds that the REOA does not show that large companies would not set up shop In the region, \I is not the responsibility of the REOA to provide a definillve, purely factual answer to policy and planning Issues before decision 30 See note 14 above (Jerald Johnson, Johnson-Reid LLC, OC1o ber 21. 2011). 31 See nOle 4 above (Younger v. City of Portland). The couary is engaged in a !egislallVe action for whIch it can make its own interpretations of information before it, provided a reasonable person couki reach a SImilar conclusion when ~ovided with potenl1alty conflicting or competing interpretations See nole 21 above (Jerry Johnson. Johnson·Reld LLC . May 31. 2011. REOA. Appendix C). 3. 3J See nole 17 above (Roger Lee, Augusl 17 . 2011), 3. PAGE 11 OF 60 -EXHIBIT -C· TO ORDINANCE 2011-017 Page: 11 T _ Author: pam Subject: CommentonT""'Date: 10/28/2011 1:29: IS PM ____ _ The potential depth of market demand Is very different from the label on the chart which IS "Figure 28: Estimated Annual Large Finm LocallOn Activity" (REOA, page 45). The label on the chart would lead one to believe that Central Oregon should see 3 new firms moving to Central Oregon every year (one because it's brand new, and two because they expanded). Which is it? Author: pam Subject : Comment on T"",o.te: 10/28/2011 12:42:44 PM Wrong! If we are talk.mg aoout land need firm deaths are critical because when a firm dies it frees up resources such as land that is already served with in frastructure. The critical question is how much new land is needed. Not just how many new firms will exist. 11 1:38:28 PM OAR 660-09-0015(1):The economic opportunibes analysis must identify the major categories of industrial o r other employment uses that could reasonably be expected to locate or expand in tl1e planning area based aD informatioo about national state regional coynty or local trends This reylew of trends Is the prindpal basjs for estlmatinQ futyre indystrlal and other employment ~as desoibed in sectlon (4) of thiS rule. Trends need not only indude national/regional employment, IX>pulation or fmn birtn/deatn statistics. Trends may also include trends in targeted Industries. For example: the estabIJshment of data centers, or trends 10 the location of warehouses outside major urban areas. Such ioformanon, comblOed with evidence that we have the assets to take advantage of such trends could easily be substannal eVIdence that we. should expect to see local employment trends change. 1:40:19 PM 1 Author: pam Subject: Comment on T"",Date: 10/28/2011 2: 11:47 PM 'Again, this unfortunate re-wording of the Issue has masked the actual concern. We are not asking for a prease prediction of exactly what will happen in tne future. Per OAR 660-009-0015 we are asking about past trends -either employment, population, or in targeted market segments -that Ind·lca te that we should expect businesses with a need for large kJts to move here. We are asking that a companson be made between the needs of the industries that have bee.n targeted with assets that exist in our commuOibes per OAR 660-009-0015(4). makers. The REOA provides relevant information and analysis to inform elected officials acting in their legislative capacity. Should each prospective industry identified in A, pages 40-45 be reviewed individually for warranli quirement between 50 to 200+ acres based on its own s' c eristic needs? he Department of Land Conservation and Development does not believe these steps are necessary.3A Deschutes County finds that it is reasonable to conclude that prospectlve Industrles identified In the REOA should not be narrowly o r Individually reviewed against site characteristics . rnon misperception that an IndustrY such as d istri bution, manufacturing or 0 processing has a sh"Jgle consistent set of site requ irements that make planning easy. Another related source of confusion is the inconSistent use and understanding of the term "site." Sometimes it means a single tax lot and a single user. Sometimes it means a location where raw land is developed into an industrial park that might include multiple related or unrelated end users or even a mix of use types .35 A=rding to the REOA. several factors contribute to lot- size demanded by industrial users: equi rkin and environmental mitigation and avoidance; • . f " Industnes want buffenng or secunty , storage and nOise; Many industries require land for expansion for their long-term business plan; Large parcels are also a good way to rge-iol industry inventory, page 46, i build a cluster of industries around a high profile anchor business; and Efficiencies can be obtained by clustering industrial users in plan ned business parks .36 The REOA's recommended competi . difficult to discern given the ..v, term and long term totals . Are the sho rm needs In addition t ong term needs, or do the long term needs i rporale the shortt, As noted by Johnson-Reid LLC, the long-term needs nu short term needs figure. 37 Deschutes County find provides reasonable information and analysis o· . unmet land need for large-lot employment slles. cur of regional economic development efforts.38 Deschutes County , y exercising its statutorY coordination authori ty, is choosing to focus on a short-term inventorY that identifies six , 50 acre or greater sites, in Jot Karen Sw irsky and Tom Hogue. Deparrment of La nd Conservation and Development October 18,2011 Letter. 2 JS Ibid. 36 See nole 5 above (Johnson-Rekl LLC . May 31. 2011. REOA). 3. 37 See note 14 ab ove (Jerald J oh nson, Johnson-Reid LLC, October 21 . 2011). 9. 38 See note 5 above (Johnson-Reid LLC, May 31. 20". REOA). 5. PAGE 12 OF 60 -EXHIBIT "C " TO ORDJNANCE 2011-017 Page: 12 T Author: pam Subject: Comment on Text Date: 10/28/20112:29:19 PM It is unfortunate that OleO has provided such advice because it appears to be In contradiction to OAR 660-009-0015(2) whid'l states: IdentificatIOn of Required Site Types. The economic opportunities analysis must identify the number of sites by type reasonably expected to be needed to accommodate the expected employment growth based on the site charac.teristics typical of expected uses. Cities and counties are encouraged to examine existing firms In the planning area to Identify t11e types of sites that may be needed for expansoIOn. lndustnal or other employment uses with compaIJble site characteristics may be grouped together into common site categories. We are not seeking a "narrow" review again st site characteristlcs. HO'Never, If the County wants to make a case that large lots are a type of lot needed, then they will at some point have to Identify an industry that needs that type of lot T Author: pam Subject: Comment on TextDate: 10/29/201 111:31:11 AM _ . _________ Just iJeG>use there" not a perfectly consistent set of needs does not mean that there IS not a generaily consistent set of needs that am be predicted and pJanne d for. For example, data centers need reliable eJectncity and telecnm JnfrastruC!Ure, but Jittle parking, and are unilkely to trigger TRP iSSUes. Warehouses need access to transpom.oon -either rail or highway, probably both . High tech businesses need qualified employees. Although uncertainties exist, and new business models may emerge, that does not mean we know nothing . On the contrary we should obtain the best. avaIlable data, and plan for the most likely outcomes given what we do know. This finding essentially condudes that there is nothing knowable about the types of sites targeted industries will need . T Author: pam Subject: Comment on Text Date: 10/28/20112 :39:52 PM 'Nane of these IS supported by substantial evidence aSide from the say so of an "expert". T Author : pam Subject: Comment on TextDate: 10/28/2011 4:27:21 PM 'Thank you for darifying! T Author: pam Subject: Comment on TextDate: 10/28/2011 4:57: 12 PM _ _ _ _ _ It is not dear that the need is unaa:ounted for. Attached to our October 31 comments is a report from the Oregon Employment Department analyzing the histoncal accuracy of theIr forecasts. Most Si gnificantly, it explains: "we develop a general employment growttl rate for each Industry to ~pture employment change that occurs due to general economic acti vity such as increases or decreases in demand and relocation of firms and woricers."(emphasis added) On what substantial evidence do you base the finding that the need IS unacr:ounred for? It is true that many experts have testified that t here lS a lack of large lots. But maybe that's because otles should be allocating more land to large lots, and not because the need is unaccounted for. T Author: pam Subject : Comment on Text Date : 10/28/2011 4 :29:38 PM ICoordinatlOn authOrity does not provide the opportunity to violate other law such as Goal 14 . three different jurisdictions , with two of those sites being between 100 to 200 acres, and one over 200 acres.'9 Oregon's prescriptive land use planning system nonetheless requires, that Deschutes County and (given its regional emphasis) Central Oregon identify the employment land supply for a twenty year planning period'o Therefore, in this case, a total of seventeen sites represent the twenty year regional land supply of large-lot employment sites." The county finds that a twenty year land supply from an economic elopment standpoint is inconsequential. Business Oregon recognizes that ntral Oregon 's first priority should be establishing a readily available and _ elopable inventory of six large sites in at least three separate jurisdiction 4 conomic development professionals such as Business Oregon advise t ounty to emphasize a short­ term supply with mechanisms to insure cons' nt replenishment because of the uncertainty of trying to forecast long-te eeds in a period of rapidly changing conditions. Johnson-Reid LLC, con s. Recognizing the inherent uncertainty in producing a 20-year forecast, REOA recommends that the County focus on maintaining a readily de opable short-term supply , with a mechanism for maintaining that supply. In addltlon, we would strongly recommend thai periodic review of whal an appropriate site lnvenlory would be, incorporating input from Industry specialists. From an economic development perspective, short-term availability of a range of appropriate sites is what is critical. The supply for the longer planning period has limited immediate impact on economic development prospects, although it can be useful in antiCipating likely areas for replacement of inventory if consumed. 43 Viewed from this perspective , the long-term (20 year) supply's value is in identifying sites that can replace the short term inventory if absorbed or if market conditions and needs shift. Deschutes County is proposing the following pOlicies that concentrate this program's efforts on the short-term supply. including safeguards that ensure replenishment sites are not exploited in violation of Oregon's land use planning program: The unmet short-term need for large-lot industrial sites in Central Oregon is an additional component of a city 's twenty-year land supply. Short term supply is a readily available and developable inventory of 6 large sites in at least three separate jurisdictions provide for an adequate supply to prospective industries or site selectors. Two of the 6 sites are to be 100 to 200 acres and one site would be 200+ acres. At least one of the 6 short term (readily available/developable in 6 months) sites would consist of a major, centrally located large-scale development property near the region's geographic and workforce center, and where key J9 Ibid" 46-47 . 40 See OAR 660..009-0025(2 ) hllp"/larC'I.'eb sos stale or ufJpag c s/(u!esloars GOO/oar 660/66 9 009 ht m! 4 1 See note 5 above (Johnson.Reid LLC . May 31,2011 , REOA). 46 . 41 Michael J Williams. Busmess Oregon Letter. May 19, 2011. REOA. Appendix C. 3 . 43 See nOl e 14 above (Jerald Johnson. Johnson-Reid LLC. October 21 . 20 11). 2. PAGE 13 OF 60 -EXHIBIT"C-TO ORDINANCE 2011-017 Page: 13 T ,Author: pam Subject : Comment on Text Date : 10/28/ 2011 4:33:28 PM Was this a cut and paste error? These are findings, not recommendations. If there is a "strong recommendation" about regular review it should be a policy. Not buried In the find ings on how many acres are In the long term su pply. infrastructure is in place and has excess capacity, either the north end of Bend or the southern end of Redmond , east of Highway 97:· The supply of up to 6 sites, located in existing or amended Urban Growth Boundaries (UGBs), addresses the short-term large-lot industrial regional land need in Central Oregon and can be incorporated as an additional component of a city 's twenty year land supply. The supply of up to 17 long-term sites, which includes the 6 short term sites , represents the currently projected (total) 20-year regional land supply of this special industrial land classification. Replenishing the short term inventory shall be initiated when large lot employers demonstrate a commitment to short term sites by completing land use entitlements and executing site-development permits, including building permits , subject to the following replenishment mechanism: a. To maintain a competitive short term ready supply of large-lot employment sites with the characteristics specified in the REOA, only a total of six vacant and developable sites shall ever be made available at one time. The policies above recognize that projecting the demand for industrial land in the 50 acre or greater size range is inherently highly speculative, as it is a thinly traded and highly competitive sector. With fewer transactions and multiple areas competing for these transactions, there is an unusually high degree of uncertainty in any forecast. The degree of uncertainty however, is offset by Central Oregon emphasizing a short term ready supply, with a mechanism to replace supply in a timely manner when needed . The notion of replenishment is always to maintain an adequate short-term supply of sites. It can be triggered when a site is committed to development. Deschutes County is choosing to define a large-lot employer's commitment to a site when it completes the land use entitlement process and executes site development permits (ex. grading), including building permits. What is the 20-year employment land supply for the REOA? Deschutes County, by exercising its statutory coordination authority, is choosing to focus on a short-term inventory that identifies six, 50 acre or greater sites. in three different jurisdictions , with two of those sites being between 100 to 200 acres, and one over 200 acres. Oregon's prescriptive land use planning system nonetheless requires, that Deschutes County and (given its regional emphasis) ~ See note 5 above (Johnson-Reid lLC . May 31 . 2011, REOA). 47 . In the professional opinion of the economic development professionals contributing to this analysis. a competitive portfoho of industrial siles would Include a collection of large industrial parcels in some selected communities . and a major. centrally located large-scale de ve lopment near the region's geographiC and workforce center, and where key infrastructure is in place and has excess capacity This would be optimally localed on the north end of Bend . but infrastructure challenges will make tl'1is choice problematic for al least the short-tenn. The next most optimalloC8tion IS on Ihe southem end of Redmond , east of Highway 97 . The area has few ne ig hbors. possible secondary Iransport access and mas! of the municipal and franchise utilities with excess capacity. PAGE 14 OF 60 -EXHIBIr-C TO ORDINANCE 2011-017 This page contains no comments Central Oregon identify the employment land supply for a twenty year planning period. Therefore, in this case, a total of seventeen sites represent the twenty year regional land supply of large-lot employment sites. As noted by Johnson­ Reid LLC, the recommended inventory is intended to reflect a regionally and nationally competitive portfolio of large industrial lots. The longer term inventory's value would be in identifying sites that can replace the short term ;n"~n'~"';'--:' absorbed or if market conditions and needs shift. The recommend accommodation of the indicated long term maintenance of a short-term inventory45 How does the REOA conclude that Central lots substantially larger than those in and around Portland? The county finds that the REO s been appropriately and reasonably tailored to address conditions and licies unique to the Central Oregon region. county finds that com ~lIsons to other regions are useful and instructive, b determinative, of , ns and policies for the region. The county finds legislative .' ort, no comparison of employment needs to metro ,j an area, or other region, is required or necessarily iona ll y and nationally recommends adoption of AJregon's land use planning system twenty-year land need. As discussed is in identifying sites that can replace the if market conditions and needs shift. % choosing through policies to identify the logical comOOlitive short-term inventory while still complying with adoption of land use policies. land need that far exceeds the land need identified by any lunsC1lction when viewed in light of expected employment growth. Oregon's land need so disproportionate to any other jurisdiction in county finds that ils interpretation of information and analysis in the REOA supports adoptJon of the legislative proposal before II. The county further nnds that esti mates of land need are based on besl available Information and should not be held to an unreasonably high level of preCision . According ly, comparison to other Jurisdictions in Oregon is dependent on different information and analysi s, and may not be relevant to conditions In Central Oregon . • 5 See note 14 above (Jerald Johnson. Johnson-Reid LLC. October 21.2011),4. PAGE 15 OF 60 -EXHIBIT -C" TO ORDINANCE 2011-017 Page: 15 5: 13:34 PM In short, the answer to the question is that the county finds the say so of EDCO and Business Oregon more persuasive than evIdence of acrual trends in the only jurisdiction for which we have real data. Exactly where did they say so? This needs to be footnoted. Do they base their conclusions on any objective evidence? This is a substantial evidence question. In this forum does the say so of an expert. without any objective eVidence of trends as required by OAR 660·009·0015, qualify as substantial evidence? Author: pam Subject: Comment on TextDate: 10/28/2011 5:32:02 PM We are not seeking an "unreasonably high level of precision", We are only pointing out that other jurisdictions in Oregon have found that they need only about 25% of the land for approximately the same projeaed job growth. Another way to put that would be that the CO estimate is 300% higher than the next dosest estimate. What is is about the statements made by EDCO & Bus. OR that are so persuaSIve that the County feels It IS appropriate to ignore all the other data from around the state? Substanbal evidence exists to support a finding when ''the record, viewed as a whole, would permit a reasonable person to make that finding." Dodd v. Hood River-County, 317 Or 172, 179, ass P2d 60a (1993). Even if there is some supporting evidence, that evidence may not be substanbal when viewed together With the countervailing evidence in the whole record. Canfield v. Yamhill County, 142 Or App 12, 17-18, 920 P2d 558 (1996). Substantial evidence review involves two related mquines: (1) whether the baSIC facts or facts are supported by substantial evidence, and (2) whether there is a basis in reason connecting the inference to the facts from which it is derived." City of Roseburg v. Roseburg City Firefighters, 292 Or 266, 271, 639 P2d 90 (1981). Here the facts found are that EDCO and Bus. OR say we need more land and that this is substantially more than anywhere else. What is the "basis In reason connecting the inference to the facts from which it was derived?" Has the REOA fulfilled the requirement of aild Hoe requirement to identify the number of sites based on site characteristics typical of expected uses? mr69Umv finds that that the REOA provides a reasonable and sufficient factual and analytlca . or the Board to conclude in this leg lslatlve action that requirements of Statewide Goal 9 are met. Both Goal 9 and Division 009 requ ire that employment land plan . based on comparative location advantages and an articulation of opportun ltles ba tional , state , regional and local trends. The REOA cites large-lol employment Iren s namics of Page: 16 _ _ Author: pam SubJect: Comment on Text Date: 10/28/2011 6:03:53 PM OAR 660·009-0015(2): Identification of Required Site Types. The economic opportunities analysis must Identify the number of Sites by type reasonabty expected to be needed to accommooate the expected employment growth based on the site characteristics typical of expected uses. Gties and counties are encouraged to examine existing firms in the planning area to identify the types at sites that may be needed (or expansion. Jndustrial or other employment uses With compatible site charactensncs may be grouped together into common SIte categories. NOTE : ThIS requirement is reiterated at OAR 660-009-002S{I): Identification of Heeded Sites. The plan must identify the approximate number, acreage and site dlaracteristics of sites needed to accommodate industnal and other employment uses to Implement plan policies. Plans do not need to provide a different type of site for ea ch industrial or other employment use. CompatJble uses with Similar site dlarac.terisncs may be combined into broad site categories. Several broad site categories will provide for industrial and other employment uses likely to occur in most the global mar1<et place, the strengths and challanges of Central 0 planning areas. Oties and counl:Jes may also designate mixed-use zones to meet multiple needs in a given location. economy and the opportun ities for the region to compete for large-lot employers in the data center , high technology and warehouse and distribution Industries ,"" ,Author: pam Subject: Comment on Text Date: 10/28/2011 6:04:47 PM Deschutes County Is proposing the following policies that Identify the spec1fl c economic developmant opportunities being pursued: Deschutes County supports a multi-jurisdictional cooperative effort to pursue a regional approach to establish a competitive supply of sites particularly designed to address out-of-region industries that may locate in Central Oregon. The Central Oregon region, comprised of Jefferson, Crook and Deschutes counties and its respective cities recognize the market reality that the region currently serves as an integrated, cohesive economic unit. sharing work force and commercial amenities, and should be marketed as such to increase its perceived scale in the market The Central Oregon region needs a critical mass of competitive and diverse vacant, developable large-lot industrial sites in order for site selectors representing potential industrial recruitment to consider the region , along with all of the other needed support factors including adequately skilled workforce , workforce training programs, worker housing, supportive local government, utility services, transportation, and quality of life, The unmet short-term need for large-lot industrial sites in Central Oregon is an additional component of a city's twenty-year land supply, Competing as a cohesive region allows Central Oregon to market a larger available work force , the size of which is often a key locational criterion for firms, Short term supply is a readily available and developable inventory of 6 large sites in at least three separate jurisdictions provide for an adequate supply to prospective industries or site selectors. Two of the 6 sites are to be 100 to 200 acres and one site would be 200+ acres. At least one of the 6 short term (readily available/developable in 6 months) sites would consist of a major, centrally located large-scale development 046 See nole 5 above (Johnson-Reid LLC . May 31.2011. REOAl. 7-11. 21-29; 30-34. PAGE 16 OF 60 -EXHIBIT 'C" TO ORDINANCE 2011-017 Nothing in tllis paragraph Or the following text addresses the questJon or the requirements of OARS 660·009·0015(2)'Or OAR 660-09-0025(1 ), A reasonable response to the question might go something like this: We expect _ data centers and _ warehouses. Based on _ trends in the data center industry and our existing assets, we expea _ data centers in the 50-75 acre range and _ data centers in the 150 acre range . Data centers need high volumes of electricity & teJecom infrastructure, but are unlikely to trigger TPR issues because of the small number of employees. Based on _ trends In the warehouse industry and our existing assets we expect _ warehouses of _ acres each . They must be located adjacent to both rail & Hwy 97. etc. etc. Why IS that so hard? Page: 17 property near the region 's geographic and workforce center, and where key T Author : pam Subject: Comment on Text Date: 10/28/20116:22:42 PM infrastructure is in place and has excess capacity, either the north end of That is an unfortunate statement by OlCD because OAR 660-009-0015 states: Bend or the southern end of Redmond, east of Highway 97.47 ''The economiC opportunities ana lYSIs must identify the number of sites by type reasonably expected to be needed to ao::ommodate Has the REOA satisfied the requirements 0 oy providing an employment forecast that justifies the am and it con cludes is required for large -lots within the 20-ye I g period oal 9 and DiviSion 009 do not require an employment forecast or planning based on an initial employment forecast: 46 ~hat traditional Industrial land need determination Is based on a formulaic app~ population and employment proJections applied 10 a square footage per employee ratio 10 arrive al a total acreage number." Deschutes County is choosing a different course , one that adopts a REOA that recognizes global competition factors . 'Oregon s land use p,og,a ", tiS ellp re n 9d in OAR 66()'OO9, while laudable does not structurally account for the recent demand of large.JOl employers and rapidly grOWing industries that are building production and research capabilities to establish global scale . Additional demand comes trom industries lookJng tor regional production or as a result of specific logistical concerns . Facebook for an example chose an available and ready-to-develop site in Prineville based upon an affordable and adequate water supply , affordable energy prices , year round cool nights to reduce cooling costs, and various local incentives, not a population or employment forecast produced by the city as many as 19 years priors o Deschutes County acknowledges that unlike office demand , the need for most types of industrial space is difficult to determine using the expected employment gro'Wth based on the site characteristics typical of expected uses," In order to do this, there must be an expected employment gro'Nth. NOTE: The land need does not: need to be based on the expected employment growth. Both the land need, and the expected employment growth might come from the same trend analysis whicl"l might be able to show that you expect _ businesses of a certain type to move here. Still, an approxi mation of the expected employment growth IS required somewhere. I ,Author: pam Subject : Comment on Text Date: 10/28/20 ll 6: 19:05 PM "Tha t may be the "traditlonal" approach, but it's not what is required by the law. The law only requires a "reasonable justlfication" for the expectation that employment will grow faster than populaoon. 'f Author: pam Subject: Comment on Text Date: 10/30/2011 lO:29:08 AM _ -Wrong -this is only true if you use the safe harbors that tie employment forecasts to projected populatIon growth. OAR 660-024-0040 speaAcaiiV states: Mthe determination of 20-year employment land need for an urban area must comply with applicable requirements of Goal 9 and OAR cnapter 660, division 9, and must indude a determInation of the need for a short-term supply of land for employment uses consistent with OAR 660-009-0025. Employ ment land need may be based on an estimate of job growrh over the planning period; local government must provide a reasonable justification for the job growth estimate bLrt Goal 14 does not require that job growth estimates necessarily be proportional to population growth." Also, the OED report specifically says that it accounts for businesses moving in to an area. If this demand is not considered in that. you need more detailed findings of fact to show it, or you don't have substantial evidence to support this condusion. employment projections . Most industrial uses generate comparatively few jobs Author: pam Subject : Comment on Text Date: lO/30/2011 10 :32 :3 4 AM While it isprobably legallY appropriate to derive the employment foreca st from thenumber and tyPes of businesses that canper square foot of leasable area , and space needs have little to do with changes reasonably be expected to move here, we dIsagree that this forecast can be put off untd the businesses actually apply for land use in the numbers of jobs in production or distribution business. 51 applications. Deschutes County has drafted the following pol omply with Oregon's land use planning program, requiring a yment projection be prepared as an input to a UGB amendm , er Division 024 when changing land designations or amendin To meet the requirements of Division 024 when amending a UGBto Include a si te In compliance w ith the regional plan , cities will be required to provi de an estimated employment projection for the site at full buUd oul within the planning period by applying the REOA analysis and plan to the particulars of the Site. 47 See note 44 above (Johnson-Reid lLC, May 31,2011 . REOA), 47 . "8 See n01e 34 above (Department of Land Conservation and Development October 18, 2011 Letter). 3. "9 See nole 5 above (Johnson-ReId LLC . May 31, 2011 , REOA). 3-4 50 Ibid., 4 51 See note 42 above (Michael J . Williams, May 19, 2011), 2. The Urban Land Institute, a well-fespected organization in real estate, sustain able development and rand use , has specifically deemphas1zed employment growth as a deterrntnant of the demand for Industrial space in its leading public8hOn on real estate market analysis. PAGE 17 OF 60 -EXHIB,r-C" TO ORDINANCE 2011-017 You cannot replace a requirement of law WIth a polic.y ti'lat says you'll get around to compliance later. Does the REOA and Deschutes County's plan amendment require that the inventory for large-lot employment sites, OAR 660-009-001 year) be completed as p'!!!.-9!Jhis legisi.th'e p,u~ess? necessary OAR designations are changed or a UGB amended to comply with OAR 660-024. Central Oregon's innovative approach proposed in the REOA splits the determination of site need, the assignment of site dispersal and a site supply management program legislated by Deschutes County's statutory coordination authority from sUbse~uent city actions that determine site deficit and location to comply with Goal 14. 2 Deschutes County is recommending the following plan policies to comply with OAR 660-009-0015(3): Cities are required to comply with state land use program requirements when changing land des ignations or amending a UGB, including conducting a local inventory to determine Whether a local deficit exists. Cities are directed to not conduct regional inventories where and becau the counties have established plan policies under their statutory dinating authority to limit and disperse the number of sites that can be · uded in the various UGBs as well as a program to manage the supply. Is it accurate that once a 20-year need is identifie that the jurisdictions that adopt this plan are under an obligation to bring' he entire amount under OAR 660-009-0025(2) and OAR 660-024-0050(4l According to the REOA, large-lot ployment sites are an unmet land need, currently not part of regional ec omic development efforts . Deschutes County, by exercising its statutory rdination authority, is choosing to focus on a short ­ term inventory that id ,llfies six, 50 acre or greater sites, in three different jurisdictions, with of those sites being between 100 to 200 acres , and one over 200 acres. Oregon's prescriptfve land use planning system nonetheless requires that Deschutes County and (g iven its regiona l emphasi s) Central Oregon also Identify the employment land supply for a twenty year planning period (tola l land supply). A total land supply of seventeen sites represents the twenty year regional land supply of large-lot employment sites. It is important to acknowledge that a twenty year land supply from an economic development standpoint is inconsequential . BUSiness Oregon recognizes that Central Oregon 's first priority should be establishing a readily available and developable inventory of six large sites in at least three separate jurisdictions. Economic development, viewed outside the context of Oregon's land use planning system would focus entirely on a short-term supply with mechanisms to 52 See note 34 above (Department of Land Conservation and De't'e/opment October 18, 2011 Letter), 3. PAGE 18 OF 60 -EXHIBIT "C" TO ORDINANCE 2011-017 says: (3) Inventory of Industrial and Other Employment Lands. ComJXehensive plan~JQr alt areas within. urban Qr:owtll boundaries must indvde anJnxe.nt.Q'Y of vacant .&J\cLdeveloDe:ClIan..cls_wi t..hln the plaomog alea_~oated for Indu5.lI:faLQcot/)er emp~qy'~nLuse . (a) Fo r sites inventoried under this section, plans must provide the fol lowJng Information: (A) The description. Irx::ludlng site d'\aracteristk:s, of vacant or developed sites within each plan or zon ing dIStrict; (8 ) A description of any development constraints or Infrastructure needs that affect tne bUildable area at sftes in the inventory; and (C) For dtles and counties within a Metropolitan Planning Organllatlon, the inventory must also indude the approximate total acreage and peRe"ltage of Sites within each plan or zo ning distria that comprise the short-term supply of land (b) When compa nng ament land supply to the projeCted demand, dties and counties may inve ntory contiguous lotS or parcels logetl'ler that are within a discrete plan or 20nlng district. (c) Cities and counties that adopt objectives Of policies providing for prime industrial land pursuant to OAR 660-009-0020(6) and 660-009-0025(8) must Identify and Inventory any vacant or developed prime Industrial land accordIng to section lea) of this rule. T Author: pam SubJect: Comment on TextDate: 10/30/2011 10:50:23 AM Instead of bad mouthing the system, why don't you look at ways to work within the system. Having a short and long tenn supply is perfectly le<Jal. S€e OAR 660-009 ·0020: Industrial and Other Employment Development Policies ( l) Comprehensive plans subject to this diviSIon must include policies stating the economic development objectives for the planning area. These policies must be based on the community economiC opportunities analysis prepared pursuant to OAR 660-009-0015 and must provide the following: Ca) Community Eronomlc Development ObjectIves . The plan must state the overall objectives for economic development in the planning area and identify categories or partiaJlar types of industnal and other employment uses desired by the community. Policy objectives may identify the level of short-term supply of land the p'anning area needs, Cities and counties are strongly encouraged to select. a competlove short-term supply of land as a policy objec.tive. (b) Commitment to Provide a Competibve Short~Term Supply. Gties and counties within a Metropolitan Planning Organization must adopt a policy stating that a competitive short-term suppfy of land as a community economic development objective for the mdustrial and other emplo yment uses selected through the economic opportunities analysis pursuant to OAR 660-009-0015. (c) Commitment to Provide Adequate Sites and Facilities. The plan must include poliCies committing the city or county to designate an adequate number of sites of suitable sizes, types and locations. The plan must also mdude policies, through public facilities planning and transportation system planning, to provide necessary public facilities and transportation facilibes for the planning area . (2) Plans tor cities and counties within a Metropolitan Planning Organization or that adopt policies relating to the short-term supply of land, must indude detailed strategies for preparing the total land supply for development and tor replacing the short-term supply of land as it is developed. These policies must describe dates, events or both, that trigger local review of the short-term supply of land. It would be easy to adapt the existing proposal to comply with this section of the la w -especially if you had an Inventory. Why insist that it's not allowed, and proceed Without compliance? This is legally risky, and threatens unnecessary delay by makmg this REOA and easy target for appeal. insure consistent replenishment. Viewed from this perspective , the long-term (20 year) supply's value is in identifying sites that can replace the short term inventory if absorbed or if market conditions and needs shift. As noted above, Deschutes County is proposing policies that concentrate this program's efforts on the short-term supply, including safeguards that ensure replenishment sites not exploited . The following policies satisfy OAR 660-009-025(2) and 668'024­ 0050(4): The supply of up to 17 long-term sites, wh ich inclu he 6 short term sites, represents the (currently projected) total 20-land supp ly of this special industrial land classification . Cities are directed to not condu ,gional inventories where and because the counties have establishe Ian policies under their statutory coordinating authority to lim it and 'tiperse the number of sites that can be included in the various UGBs ell as a program to manage the supply. umber of sites required rely on "market choice?" Johnson-Reid LLC, responded, stating the REOA does not have a finding re mg upon ' market choice: but does note the reanty that the competitiVe posl n of the Region Is retlant upon the availability of multiple viable and readily an able sites. A finding of the REOA is that six readily available large indu rial sites constitutes the adequate supply necessary to meet public policy obje es . 53 The county finds that the Oregon Court of Appeals recently opin that "market choice is an infinitely pliable and elastic term' in the conte urban growth boundary planning S , The commenter has not offered a wor able definition of "market choice ' upon which Deschutes County can conclud hether or not this legislative decision may turn. Therefore. Deschutes Coun declines to engage in making a definitive conclusion about undefined terms . EConomic reCfultment benefits from some degree of market choice. Flnms evaluB\ing prospective locations are a more likely to consider Central Oregon i f multiple appropriate slles can be seen In a single trip . The region is hoping to establish and maintain a 'competitive portfolio" of large-lot Industrial sites. This would indude an Inventory of readily available and appropriate sites conSistent with baseline criteria, allowing the region to clear the initial site selection screening . To the extent that multiple prospective sites are available in the region , Central Oregon's competitive position would be enhanced as site selectors prefer to have multiple options before physically visiting an area such as Central Oregon .55 As stated earlier, Deschutes County . by exercising its statutory coordination authority, is choosing to focus on a short-term inventory that identifies six, 50 acre or greater sites, in three different Jurisdictions, with two of those sites being SJ See note 14 above (Jerald Johnson, Johnson-Reid LLC, October 21 , 2011 ). 9 . 54 1000 FRIEND S OF OREGON v. LCOG. 23 9 P.3d 272 (2010) h:ip"IIww-'oIo' public ations Old sl ~le Qr uSi A13.2ill..h!m 55 See note 5 (Johnson-Reid LLC, May 31. 20 11 , REOA). 46 PAGE 19 OF 60 -EXHIBIT 'C' TO ORDINANCE 2 0 11 -017 Page: 19 ;Author: pam Subject : Co mment on Text Date : 10/30/2 011 12 :14 :43 PM Th,S statement is as Orwellian as War is Pea ce. You can't ha ve market choice in substance, but get away wrth JUST. giVIng it a different name. r Author: pam Subject: Comment on Text Date : 10/30/2011 12 : 16:45 PM __ This is what we mea n by "market ch Oice" • everyth ing highlighted here associated with thiS note. between 100 to 200 acres, and one over 200 acres. Prioritizing short term sites is substantiated in the REOA and by Business Oregon 's written testimony referenced in Appendix C. Oregon's land use planning system stili requires that Deschutes County and (given its regional emphasis) Central Oregon identify the employment land supply for a twenty year planning period. As noted ab '~, a total of seventeen sites represent the twenty year regional land sup large-lot employment sites. This is strictly a land use planning requirelJle11l. What facts and assertions presented in the R 'Justify the number of large-lot industrial sites is needed? As noted above, the co reasonable inform~nd analysis upon which to legislative action. The county finds that It is not the an absolute or definitive answer. wi thout disc~n "''''....1''''''-1 decision-rna.kers, about a long-term neOO"for ell community IIvab llTty In Central Or. a methodology for gross land demand in firms with more than 500 employees as a According to Business Oregon , thls Is a very the current profile of firms by size in the combined with birth and "xn"n~inn Figure 28 only uses the births and expansions of large businesses to detem;rne how many more businesses central Oregon should see in the next 20 years! For land need purposes, shouldn't the net expansion rate be used? As explained by Johnson-Reid LLC, 1,000 Friends of Oregon conte tls that the analYSis is flawed due to our use of the firm birth rate as opposed 0 net growth (less deaths). This approach does not reflect a flaw in the a ysis, and they appear to have misunderstood the nature of the forecast. a modal was designed to identify the pool of prospective deals as opposed to nat growth. As Central Oregon doesn't have these firms and is looki ng to compete for them when they are seeking locations, the death rate isn~ relevant locally. The model is designed to predict the number of prospective location decision that the Region has the potential to compete for. The level of decisions anticipated is consistent with the experience of the recruitment specialists consulted as part of this analysis, as well as the current level of recruitment activity in the region SB so See nole 42 above (Michael J. Williams, May 19. 2011).2. 57 See nole 5 above (Johnson-Reid LLC, May 31,2011. REOA), 43-46. sa See nole 14 above (Jerald Johnson, Johnson-Reid LLC, October 21 , 2011),6-7. PAGE 20 OF 60 -EXHIBIT ·C· TO ORDINANCE 2011-017 Page: 20 Author: pam Subject : Comment on Text Date: 10/30/2011 12: 19:52 PM But the REOA does provide an actual number: 17 sites, and approximately 1900 acres . The question is how this answer was arrived at. OAR 660-009-0015 explains how this al"LSwer should be arrived at. It does not appear that methodology was employed here. T Author: pam Subject: Commen t on TextDate : 10/30/2011 12:20 :50 PM But it's not supported by the actual data induded In the Metro UGR. Who wins? the "expert" or the actual data? This response conflicts With the response earlier in these find ings that this was a gage of market depth, and not used to determine the number of businesses likely to move here . Further, even If this IS a finding only about tile "depth of the market" and even if it is true that there Will be a need for 3 sites to accommodate bus inesses wrth 500+ employees every year in Central Oregon, there IS no evidence that all of those businesses will need new undeveloped lots. Even If in the first year CO only sees growth (because there are no bUSIIles5eS to die), statistically we will also see contraction as soon as there are any businesses. As those businesses die, the land and buildings they used Will become available. ReUSing existing buildings with established Infrastructure in appropnate zones will be far more financially sound than new lots. If this not true, an explanation needs to be made about why. T Author: pam Subject : Comment on TextDate: 10/30/2011 12 :31:56 PM _ This may be an accurate model of the number of decisions made, but it is not an accurate model of the number of new lots needed. CO will also see businesses shnnk.. This is why an updated Inventory is so critical. As bUSinesses die, large lots will become available within UGBs . Exaclfy what is the evidence that this need is "exogenous " or above and beyond the needs already accounted for by the OED forecasts? The OED forecast included in the REOA is assumed to be cont opposed to a reference forecast. The forecasts do reflect ,Slon of historic trends, and were never intended to be used i this type of work or or incorporate an to be extended fore .. e REOA does not include or the twenty year period. 59 Johnson-Reid LLC . found that Iradltlonal approaches ~ect employment land needs evaluate the land market In a sl gebraic relationship, converting projected empl.oyment growth 1 'ated space and land needs necessary to accommodate that ' . Our approach in the Central Oregon REOA was to look at the . lal for th e reg ion to compete for firms making locations de that are exogenous to the employment trends in traditional forecasts . hess are typically national or Intemational firms making lOcation decisions that consider locales in the broader Northwest or Westem United States. Recruitin thesa Industries is not a ' zero sum game', for Central Oregon Or the State f Oregon. If for example a fimn is attracted that would have otherwise locat in Spokane, it is a net gain for the Region as well as the State. Maint ing a competitive inventory of sites is a sound economic development strate . Being "competitive" does not always translate into being successful, t it does increase the likelihood of success . The focus of the findings of the EOA is that establish ing and maintaining a competitive portfolio of large ndustrial sites enhances economic development prospects in Central Ore n . The growth targeted by this supply is exogenous to the underlying emp, yment fore casts of the region , and if not accommodated would not be expect to be realized . This is prospective or potential growth , and not growth in rent to the underlying trends in the region 60 As discussed above, there are a substantial n mber of large firms regularl y seeking sites that are not currently availabl within the region , precluding economic development organizations such Business Oregon and Economic Development for Central Oregon from ma . eting the area to these prospects.6 1 Traditional fomnulaic approaches to oal 9, relying on population and employment projections do not accou for global competition and market trends associated with large-lot employers . The REOA documen.ts national and state economic trends that provide the basis for Deschutes County to pursue this unmet land need. Oregon's economic growth is expected to outpace growth at the national level. By 2018 , the State 's employment is expected to grow by over 14 % with Oregon's population growing by 9% over the same interval. Additionally, Global Insight , a : Ibid .. 9. IbId " 2. 61 See note 5 above (Johnson-Reid LLC, May 3 1.2011 , REOA ), 5. PAGE 21 OF 60 -EXHIBIT"c" TO ORDINANCE 201 1·017 Page: 21 T Author; pam Subject: Comment on Text Date : 10/30/2011 12 :35 :59 PM _ n us finding is in dlrea contradiction t o the statements in the attached OED memo which sa ys that it does Include ttle predictable movement into the region by other firms. this is anot her case in whi ch t he "say so " of the "expert" is in direct co ntradi ction to the data . Whi ch wi ns? T Autho r: pam Subject : Comment on Text Date: 10/30/20 11 12 :37:30 PM If such trends exist, w hy can't anyone find evidence af them besi des t he say so of experts? T Author : pam SUbject: Comment on Text Date: 10 /30/2 011 12: 38 :50 PM Con dusary statement -exacdy whidl eVidence in the RE OA does this? Page: 22 national leader in economic forecasting, project's Oregon's Growth State Product T Author: pam Subject: Comment on Text Date : 10/30 / 2011 12:39:37 PM to have the second highest growth rate in the nation in the c . _ Which don't require large lots. Through 2017 , the OEA forecas . s In t e Oregon economy . T Author: pam Subject : Comment on Text Date: 10/30/201112 :45:49 PM Mirror , u sts, a significant share (41 %) are expected to fall In / ThIS stJlI fa,ls to show thatth,s IS outside the growth predicted by OED. rofesslonar & Business Services and Health Services. The state is expected to add over 25,000 new manufacturing jobs based on the 2010 base , ro~phly 8,000 Also, these warehouses are all along Interstates. Why would we be co mpetitive when we don't have an interstate? Does our lack of which are expected to be high wage High Tech ManufactUring Jobs . of an Interstate make a difference in the .scale we could expect? Changes in global business patterns have pressured firms to develop capital intense production models, plaCing a greater emphasis on econ ,es of scale, as well as production efficiency and flexibility. The result h been the emergence of a clear real estate trend, creating a global d land for large development ready industrial sites. Shifting global market fa rs have increased the need for large-lot industrial sites over the last seve ,decades. Warehouse properties have substantially increased in size as ribution refiects increasing retums to scale as well as the concentration roduction in larger production facilities . Production facilities are also incr singly scaled for global as opposed to regional or national needs . The fol . wing are examples of recent warehouse projects that have located to the ate of Oregon, as compiled by Business Oregon: Site Size Square Footage 175 acres 1.3 million 200 acres 1.3 million Lowes I 204 acres +1.3 million Home Deoot I 50 acres 500,000 As shown Tn the preceding labia, the emerging module for distribution facilities now regularly tops 1.0 million square feet of bulldlng area , with site sizes In excess of 200 acres. Oller 55 projects have shopped the State of Oregon over the last ten years with site demand over 50 acr'es, averaging over 5 new projects per year. Business Oregon currently has 10 estimated outstanding leads In this size category. Business Oregon estimates that they see approximately 15 serious i nquiries a year for large scale manufacturing sites. Combined with warehouse/distribution Inquiries, Business Oregon sees over 20 annual Inquiries a year statewide for large-lot Industrial sites . As not all leads are picked up by ~uslness Otegon , one would expect the overall activi'ty to be slgnificanlly higher. Section (3) -Other ORS • ORS 195,025: (1) In addition to the responsibilities stated in ORS 197.175, each county, through its governing body, shall be responsible for coordinating all planning activities affecting land uses within the county, including planning activities of the 52 Ibid .. 16. 83 Ibid , 21.22. PAGE 22 OF 60 -EXHIBIT ·C" TO ORDINANCE 201'-0'7 county, cities, special districts and state agencies, to assure an integrated comprehensive plan for the entire area of the county. Finding: See Section 1, page 1. • ORS 195.025: (2) For the purposes of carrying out ORS chapters 195, 196 and 197, counties may voluntarily join together with adjacent counties as authorized in ORS 190.003 to 190.620. Finding: See Section 1, page 2 . • ORS 197.712: (1) In addition to the findings and policies set forth in ORS 197.005 . 197.010 and 215.243, the Legislative Assembly finds and declares that, in carrying ou statewide comprehensive land use planning, the provision of adequate oppcrtunities fir a variety of economic activities throughout the state is vital to the health, welfare ;{nd prosperity of all the people of the state . (2) By the adoption of new goals or rules, or the application. interpretjltion or amendment of existing goals or rules, the Land Conservation and Dev,/Jlopment Commission shall implement all of the following: (a) Comprehensive plans shall include an analysis of the communit¥'s economic pattems, potentialities , strengths and deficiencies as they relate to stalk and national trends. Finding: Deschutes County is proposing comprehensive plan am dments to comply with the requirement to include an analysis of Central 0 gon strengths and weaknesses by adopting a REOA and several regional econo 'c development policies that recognize Central Oregon's potential for establishing d maintaining large-lot industrial sites as it relates to state and national trends . e REOA Identifies the strengths and challenges of the Central Oregon economy and concludes that \.tie competitive characteristics of Central Oregon can be strengthened through taking a regional approach to large-lot industrial 5It1n9 .64 Even though some individual ju ri sdictions in the region are too small to be considered viable candidates for many targeted industries , it is imperative that Central Oregon act as a cohesive unit, sharing work force and commercial amenities so it can be marketed as such to increase its perceived scale and competitiveness in the global marketplace. • ORS 197.712: (2)(b) Comprehensive plans shall contain pclicies conceming the economic development opportunities in the community. Finding: Deschutes County is exerting its statutory coordination authority by collaborating with the cities of Bend, La Pine, Redmond , and Sisters. as well as Jefferson and Crook counties to respond to a specific employment need identified in a REOA for large-lot industrial sites. Deschutes County is choosing to adopt a REOA and several regional industrial land policies to comply with ORS 197 .712 (2)(b) that .. Ibid. 25; 31-34 . PAGE 23 OF 60 -EXHIBIT"C' TO ORDINANCE 2011-017 Page: 23 1 Author: pam Subject: Comment on Text Date: 10/30/2011 12:50 :18 PM What's missmg on the dted pages of the REOA is an analysIS of the strengths and weaknesses as they relate to state and national trends. Strengths and weaknesses are Identified . But they are not apparently used in the final analysis of what industrIes we have a solid matdl for . recognizes Central Oregon's economic development opportunities for establishing and maintaining large-lot industrial sites. These policy choices, cited below, are supported by findings with evidence Cited in the REOA .65 Deschutes County supports a multi-jurisdictional cooperative effort to pursue a regional approach to establish a competitive supply of sites particularly designed to address out-of-region industries that may locate in Central Oregon . The Central Oregon region, comprised of Jefferson, Crook and Deschutes counties and ils respective cities recognize the market reality that the region currently serves as an integrated , cohesive economic unit , sharing work force and commercial amenities, and should be marketed as such to increase its perceived scale in the market The Central Oregon region needs a critical mass of competitive and diverse vacant, developable large-lot industrial sites in order for site selectors representing potential industrial recruitment to consider the region , along with all of the other needed support factors including adequately skilled workforce, workforce Iraining programs, worker housing, supportive local government, utility services, transportation , and quality of life . The unmet short-term need for large-lot industrial sites in Central Oregon/is an additional component of a city's twenty-year land supply. Competing as a cohesive region allows Central Oregon to market a ~rger available work force, the size of which is often a key locational criteri6n for firms . • ORS 197.712: (2)(c) Comprehensive plans and land use regulations shall Dfovide for at least an adequate supply of sites of suitable sizes, types , locations and se for industrial and commercial uses consistent with plan policies. Finding: As noted above, Deschutes County is exerting its statuto coordination authority to compel cities to address an unmet large-lot industrial land n d by adopting a REOA and several regional industrial land policies to comply with equirements to provide for an adequate supply of sites of suitable sizes, types, loca ons and service levels for industrial uses. Deschules County is choosing to focu. on a short-term inventory that identifies six, 50 acre or greater sites, in three differe t jurisdictions, with two of those sites being between 100 to 200 acres, and on, over 200 acres. Regulations and comprehensive plan pOlicies that provide an ad6 quate supply of sites of suitable sizes, types, locations and service levels for industri uses will occur when partiCipating cities implement OAR 660 Division 9 and Division 4 . The REOA identifies site need characteristics for large-lot industrial sites and re mrnends a competitive 85 Ibid ., 31 and 45 . The REOA describes target industnes with large 101 needs ttiat have a de monstrated tr ack reco rd for creating enormous exogenous absorption of properly zoned indu5tnal sites . Furthermore. the: REOA iOentifiei a model of pm_cttve clem"'" baSed on ann.illlllrge r"", location actillitY Tho mod.. as""""", 111m W• oompelllive 1nven1<K}1 ia available anll mlinlIOimId in Ce,,,,..1 Oregon , lI>a llllliOn con ca"""e I -fal' .h.".." ~mal1<"l acllvltjl PAGE 24 OF 60 -EXHIBIT "C" TO ORDINANCE 2011-017 Page: 24 r ,Author : pam Subject: Comment on Text Date : 10/30/2011 12:52:23 PM see P"9es 7·9 of 1000 Friends Tesbmony sept 26,2011. large-lot industrial inventory.56 Deschutes County complies with ORS 197.712(2)(c) by adopting the following policies: A large-lot industrial site is 50 acres or larger with specific site attributes and amenities. Short term supply is a readily available and developable inventory of up to 6 sites in at least three separate jurisdictions in order to provide an adequate supply to prospective industries or site selectors. Two of the 6 sites are to be 100 to 200 acres and one site would be 200+ acres. At least one of the 6 short term (readily availableldevelopable in 6 months) sites would consist of a major, centrally located large-scale development property near the region's geographic and workforce center, and where key infrastructure is in place and has excess capacity, either the north end of Bend or the southern end of Redmond, east of Highway 97 . The supply of up to 17 long-term sites, which includes the 6 short term sites , represents the currently projected (total) 20-year regional land supply of this special industrial land classification. Replenishing the short term inventory shall be initiated when large lot employers demonstrate a commitment to short term sites by completing land use entitlements and executing site-development permits, including building permits, subject to the following replenishment mechanism: a. To maintain a competitive short term ready supply of large-lot employment sites with the characteristics specified in the REOA, only a total of six vacant and developable sites shall ever be made available at one time. Central Oregon cities and counties shall, within 6 months of the adoption of this policy, execute Memorandums of Understanding (MOUs) that specify: 1. Cities , after conducting alternative lands and public facility analyses, but prior to any entitlement process, receive formal support from Economic Development of Central Oregon that potential sites contain necessary site characteristics and standards as defined in the REOA to attract large-lot industrial recruiters. Participating cities, when examining candidate sites, shall conduct their alternative land and public facilities analyses and inventory of employment lands by first examining if the short-term regional need can be met inside the implementing city's UGB, before assessing lands adjacent to it as required by state law. Cites are not required to evaluate inventories throughout the region because the adopted county plan has limited supply and specified site dispersal as specified by the regional EOA. • ORS 197.712: (2)(d) Comprehensive plans and land use regulations shall provide for compatible uses on or near sites zoned for specific industrial and commercial uses. 66 Ibid ., 39 and 46 , PAGE 25 OF 60 -EXHIBIT "C TO ORDINANCE 2011-017 This page contains no comments Finding: Deschutes County is exerting its sta tutory coordination authority to compel cities to address an unmet large-lot industrial land need by adopting a REOA and several regional industrial land policies to comply with the requirement for providi compatible uses on or near sites zoned for specific industrial purposes. ,ct ons and comprehensive plan polic ies that provide for compatible us near sites zoned for large-lot industrial uses will occur when partici les implement OAR 660 Division 9 and Division 24 . To fulfill its coor role , Deschutes County complies with ORS 197 .712(2)(d) by adopti 0 lowing policy : artlclpaflng cities In Deschutes County (and In the 3-County REOA region) shall adopt a large-lot Industrial overlay zone that establishes and maintains the region 's large-Iolindustrlal site Inventory. * ORS 197.712: (2) (g) Local governments shall provide: (A) Reasonable opportunities to satisfy local and rural needs for residential and industrial development and other economic activities on appropriate lands outside urban growth boundaries, in a manner consistent with conserval/on of the state 's agricultural and forestland base; and (8) Reasonable opportunities for urban residential, commercial and industrial needs over time through changes to urban growth boundaries. Finding : Deschutes County is exerting its statutory coordination authority to compel cities to address an unmet large-lot industrial land need by adopting a REOA and several regional industrial land policies to comply with responsibilities to provide reasonable opportunities for industrial lands to be accommodated through changes to UGBs . Regulations and comprehensive plan policies that provide these opportunities to satisfy industrial development on appropriate lands outside UGBs and overtime through changes to UGBs will occur when participating cities implement OAR 660 Division 9 and Division 24 . Deschutes County complies with ORS 197 . 712(2)(g) b y adopting the following policies: Cities are required to comply with state land use program requirements when changing land designations or amending a UGB , including conducting a local inventory to determine whether a local deficit exists. Cities are directed to not conduct regional inventories where and because the counties have established plan policies under their statutory coordinating authority to limit and disperse the number of sites that can be included in the various UGBs as well as a program to manage the supply. Participating cities , when examining candidate sites , shall conduct their alternative land and public facilities ana lyses and inventory of employment lands by first examining if the short-term regional need can be met inside the implementing city's UGB. before assessing lands adjacent to it as required by state law. Cites are not required to evaluate inventories throughout the region because the adopted county plan has limited supply and specified site dispersal as specified by the regional EOA. PAGE 26 OF 60 -EXHIBIT 'C TO ORDINANCE 2011-017 Page: 26 Author: pam Subject: Comment on Text Date: 10/301201112:54:14 PM "maintaIning" a suppl y does not ensure , or even encourage appropriate adjacent zoning. Section (4) -OAR Division 9, Economic Development • OAR 660-009-0010 -Application (1) This division applies to comprehensive plans for areas within urban grow1h boundaries . This division does not require or restrict planning for industrial and other employment uses outside urban grow1h boundaries. Cities and counties subject to this division must adopt plan and ordinance amendments necessary to comply with this division . Finding : Deschutes County is fulfilling its statutory coordination responsibilities by collaborating with the cities of Bend , La Pine , Redmond , and Sisters, as well as Jefferson and Crook counties to respond to a specific employment need identified in a REOA for large-lot industrial sites in Central Oregon . As noted above , Deschutes County is adopting Ordinance 2011-017, which includes a REOA and several regional industrial land policies to comply with OAR 660-0090-0010 . • OAR 660-009-0010: (2) Comprehensive plans and land use regulations must be reviewed and amended as necessary to comply with this division as amended at the time of each periodic review of the plan pursuant to ORS 197.712(3). Jurisdictions that have received a periodic review notice from the Department (pursuant to OAR 660-025­ 0050) prior to the effective date of amendments to this division must comply with such amendments at their next periodic review unless otherwise directed by the Commission. Finding : Deschutes County started its periodic review in 1988 and completed it on January 23, 2003. In 2003 , the Oregon Legislature amended ORS 197 .629(3) exempting counties from periodic review, excluding portions of its population within the UGB of a city . • OAR 660-009-0010: (3) Cities and counties may rety on their eXisting plans to meet the requirements of this division if they conclude: (a) There are not significant changes in economic development opportunities (e .g., a need for sites not presently provided for in the plan) based on a review of new information abou1 national, state, regional, county and local trends; and (b) That existing inventories, policies, and implementing measures meet the requirements in OAR 660-009-0015 to 660-009-0030. Finding : Existing economic development plans do not address a specific land need for large-lot industrial sites. Deschutes County is amending its comprehensive plan under its regional coordination responsibilities (ORS 195.025) to address global competition factors for large-lot industrial sites. For a region to be attractive enough to motivate industrial site selectors to visit, investigate and recommend the region, it must offer a diversity of large-lot industrial sites (that are either served or serviceable) along with all of the other needed support factors including: adequate size and skill level of the workforce , workforce train ing programs, worker housing , supportive local government, utility services and transportation , and quality of life . Industries know that to attract and keep valuable employees . they need to locate in areas with desirable living PAGE 27 OF 60-EXHIBIT -C-TO ORDINANCE 2011-017 This page contains no comments environments offering quality of life amenities such as recreation , quality education systems , shopping diversity, health care, and affordable and attractive housing. The Central Oregon region is recogn ized as being endowed with an abundant supp ly of such amenities. The Central Oregon region needs a critical mass of competitive and diverse vacant , developable industrial sites in order for site selectors representing potential industrial recruitment opportunities to consider the region . One or two sites in one or 0 jurisdictions will not be adequate to generate regional interest or a visit accor . 19 to industrial recruitment specialists from the Business Oregon. Deschutes ~ounty is choosing to pursue a regional approach to establish a competitive s ply of sites particularly designed to address those (unaccounted for) out-of-r on (and state) industries that can locate in Central Oregon after shopping the glo for the best la rge­ lot industrial development site they can find . This type of la need (or demand) is systematically missed and unaccounted for in convent", al industrial land needs assessments in Oregon communities, which often rely s Iy upon recent local trends to establish forecasts . • OAR 660-009-0010: (4) For a post-ackno dgement plan amendment under OAR chapter 660 , division 18, that changes t plan designation of land in excess of two acres within an existing urban growth oundary from an industrial use designation to a non-industrial use designation, or I other employment use designation to any other use designation, a city or cou must address al/ applicable planning requirements , and: (a) Demonslrate that e proposed amendment is consistenl with its most recent economic opporluni . s analysis and the parts of its acknowledged comprehensive plan which address th requirements of this division; or (b) Amend i comprehensive plan to incorporate the proposed amendment, consistent wilh the quirements of Ihis division; or (c) opt a combination of the above, consistent with Ihe requirements of this division. ind lnq. Deschutes County is exerting its statutory coordination authority to compel cities to address an unmet large-lot industrial land need by adopting a REOA and several regional industrial land policies to comply with OAR 660-009-0010(4 ). Deschutes County is not amending land within a UGB. Participating cities will need to address this criterion when they conduct their alternative land and public facilities analyses and inventory of employment lands when examining if the short-term regional need can be met inside their respe ctive UGBs . Deschutes County complies with this subsection by adopting the following policies: Citie s are required to comply with state land use program requirements when changing land designations or amending a UGB, including conducting a local inventory to determine whether a local deficit exists . Cities are directed to not conduct regional inventories where and because the counties have established plan pol icies under their statutory coordinating PAGE 28 OF 60 -EXHIBIT "CO TO ORDINANC E 2011-017 Page: 28 Aut ho r: pam Subj ect : Comm en t on Text Da te : 10/30 /2011 12:59 :55 PM It would ha ve been so much easier to sa y "Not Applicable. This project does not redesignate any exIstin g industnalland ." authority to limit and disperse the number of sites that can be included in the various UGBs as well as a program to manage the supply . When a city investigates and concludes that a potential qualifying large-lot industrial site ex ists or can be assembled inside of its UGB (and the existing site zoning will be amended with the large-lot overlay zoning assignment), that city must replace that original [future] buildable land supply or evaluate and conclude that the previously identified future land supply is no longer needed. Participating cit ies , when examining candidate sites , shall conduct the . alternative land and public facilities analyses and inventory of employ nt lands by first examining if the short-term regional need can be met insi the implementing city 's UGB, before assessing lands adjacent to it as re ired by state law. Cites are not required to evaluate inventories througho he region because the adopted county plan has limited supply and ecified site dispersal as specified by the regional EOA . • OAR 660-009 -0010: (5) The effort necessary to comply with through 660-009-0030 will vary depending upon the size of the ' risdiction, the detail of previous economic development planning efforts , and the ex nt of new information on national, state, regional, county, and local economic tre s. A jurisdiction'S planning effort is adequate if it uses the best available or re ily collectable information to respond to the requirements of this division. Finding: Deschutes County is choosing to impl ent a REOA that recognizes global competition factors and economic trends that ~ vide the basis to pursue an unmet land need. Traditional formulaic approaches to al 9 rely on population and employment projections. However, this methodology es not account for global competition and market trends associated with large-I employers. Oregon's land use program as expressed in OAR 660-009 does structurally account for the recent demand of large-lot employers and rapidly owing industries that are building production and re search capabilities to establis global scale . As documented in the REOA, additional demand comes from industri looking for regional production or as a result of specific logistical concerns . 67 Des, utes County complies with OAR 660-009-0010(5) by adopting a 2011 REOA i 0 its comprehensive plan. As noted by Business Oregon : The comple! n of this study and the implementation of its findings by the communiti . of Central Oregon should prove to be a major step forward in the provisio of large-lot sites for potential employers , as well as family-wage jobs to its citi~ns. Our recommendation for adoption is based on the following: 1. The methodology of the Regional Economic Opportunity Analysis (REOA) is correct in its targeted approach to current industry trends, site selection considerations , and land entitlement issues . 67 Ibid , 4 . PAGE 29 OF 60 -EXHIBIT ·C· TO ORDINANCE 2011·017 Page: 29 T Author : pam Subject: Comment on Text Date: 10/30/2011 1:02:23 PM "The Methodology" con Si sts of nothin g more than experts sa ymg trends exist. and now of experts sa ying reli ance on expert testimony IS state of the art practice . 2. The REOA is correct in its recognition and analysis of the regional context in which all high-value industrial recruitments take place. 3. The REOA is correct in the narrowness and the economy of its mi . _" or d findings : the identification of a limited number of high-tions to serve the large-lot needs of a region over a sho g term planning horizon. ~e~=~~%;~~~he t --_·_", _ .. ,,-_._-,._n _n_ m . ~.--.. --n. m "_""_ ~.IIiI. This process is consistent with Oregon Bus iness Development's Key Industry strategy, which identifies industries that are considered to be glob competitive in Oregon . Further, industry identifications are made in a nu r of exhibits and summaries that cite recent large-lot placements across the ate and the nation.68 • OAR 660-009-0010: (6) The amendments to this division are flI'fective January 1, 2007. A city or county may voluntan'ly follow adopted amendm¢fs to this division prior the effective date of the adopted amendments. Finding: Deschutes County initiated the plan ame 'in 2011, therefore this diviSion applies. /' • OAR 660-009-0015 -Economic opport~s Analysis Cities and counties must review andy<r§ necessary, amend their comprehensiv:?ip ns to provide economic opportuniti~analyses containing the information describ,d in sections (1) to (4) of this rule . This analysis will compare the demand for I d for industrial and other employment uses to the existing supply of such land. (1) Review of National, State, Regional, County and Local Trends . economic opportunities analysis must identify the major categories of industrial or other employment uses that could reasonably be expected to locate or expand in the planning area based on infonnation about national, state, regional, county or local trends. This review of trends is the principal basis for estimating future industrial and other employment uses as described in section (4) of this rule. A use or category of use could reasonably be expected to expand or locate in the planning area if the area possesses the appropriate locational factors for the use or category of use. Cities and counties are strongly encouraged to analyze trends and establish employment projections in a geographic area larger than the planning area and to determine the percentage of employment growth reasonably expected to be captured for the planning area based on the assessment of community economic development potential pursuant to section (4) of this rule. Finding: Deschutes County, by adopting the REOA into its comprehensive plan, recognizes a trend analysis that shows successful local and regional industrial 68 See no te 42 above (Michael J. Williams, May 19, 2011). , . PAGE 30 OF 60 -EXHIBIT "CO TO ORDINANCE 2011-017 Page: 30 . Author: pam Subject : Comment on Text Date: 10/30/2011 1:03:55 PM ___ _ 'There Is no such section in the REOA. Th e re is a discussion of speciHc industries, but It does not show either trends In those Industries, or explain their actual srte, or utility needs. r Author: pam Subject: COmment on Text Date : 10/30/2 0117:51:37 PM Highli9htJrl9 in light blue denotes eithet" the very Important, or legall y enforcea ble elements of theOAR. sections not highlighted may stjlj be legally enforceable. The highlighting is just for the convenience of the reader. I Author: pam Subject: HighlightDate : 10/30/20116:32:17 PM Page: 31 recruitment in the 21" century must consider global competition factors 69 ---------.:.~tI1or : pam Subject: Comment on TextOate: 10/30/2011 6 :3 7:33 PM Communities, regions and states that focus primarily or exclusively on outdated govemance paradigms are ill suited for keeping up with fast paced global economic and industrial marketplace changes. Industries must be nimble to be successful in the competitive global marketplace. Manufacturers must be able to quickly produce new products at expanded , renovated or new prod ; n facilities in "just-in-time " fashion . Often accomplished through on-si ~ pansion on areas reserved for that purpose, industrial site selectors t choose sites large enough to build-in future expansion capacity. G ,ment must adapt and align its regulatory and process requirement meet market demands if it wishes to capture the considerable benefi _ high value industrial development. Site selectors shopping the intern ; al marketplace of large-lot industrial sites determine the type of land ~ ply product they will consider. For an individual vacant industrial site oe competitive, it must be large enough to offer future expansion on-.. t must be proximate to other competitive sites and governed by a re .ory structure that is responsive to the needs of industry. anufacturing employment opportunities in particular are needed to establish a diversified and thereby more stable and balanced regional employment outlook. New manufacturing and other high value employment opportunities require an attractive supply of vacant industrial sites to be competitive in global industrial recruitment pursuits. New land supply methods are needed, too. This large-lot industrial lands supply initiative exceeds the capacity of any sin e jurisdiction . It is an industrial recruitment reality that in order to be competif e, regional clout and appeal , along with a critical mass of diverse attractive tes, are needed . The 21st century site selection factors in the global marketpl ce of industrial recruitment and site development prioritize: Expedited site development with certainty and minimal time delay; • Opportunities to expand and /or diversify manufacturing activity on-foIte, taking advantage of existing infrastructure and facilities investment; and • Availability of a high quality work force and training programs.70 • OAR 660·009·0015: (2) Identification of Required Site Types. The economic opportunifies analysis must identify the number of sites by type reasonably expected to be needed 10 accommodate the expected employment growth based on the site characteristics typical of expected uses. Cities and counties are encouraged to examine existing firms in the planning area to identify the types of sites that may be needed for expansion . Industrial or other employment uses with compatible site characteristics may be grouped together into common site categon·es. ~ See note 5 above (Johnson-Reid lLC, May 31 , 2011 . REOA). 7.13, 18 Ibid .. 1, 2,6 PAGE 31 OF 60 -EXHIBIT ·C" TO ORDINANCE 2011-017 =::rrhe crux of the question: This makes the point you want to make . There IS I)Q objective evidence that any of it IS true. .Author: pam Subject: Comment on TextOate : 10/30/2011 6 :35:03 PM 'Manufacturing -is not one of the-3 targeted Industnes..-:-Why IS this highlighted here? Subject: H,ghl ightDate: 10/30/2011 6:38: 10 PM/'-'"" / Fin~ing: A large-lot .industrial site is . defined to be 50 acres or larger with specific _ attributes and amemties that are typical and related to that induslJy and support Its activlties.71 As noted below. the REOA documents the number of sites by type reasonably expected to be needed to a=mmodate the expected employment growth based on the site characteristics typical of expected uses : an acreage calculation of Sites designated to meet the regional demand for large-lot industrial US~ld be able to meet most of these criteria (identified in Table 1) where practie< While physical and workforce issues cannot be addressed by actions by an individual jurisdiction. the remaining locational criteria largely involve infrastructure investments, which can be actively targeted to enhance the supply of competitive sites. Additionally, jurisdictions actively engaging property owners in discussions about land price, lot configuration, and investments necessary to make sites usable, can provide a context for owners' readiness to sell their property. 1 alil. ' -::.11i PiMa C tl.nltrul'5t1.:;s to , l±i I;J~" I" CaRt".1 Dragoo Physical ~-Large-lot demand is defined in the context of this analysIs as sites S().acres or above. S~es of Significantly larger size provide for greater flexibility, as they can meet large s~e needs as well as providing the ability to be subdivided. Size reflects contiguous usable area , as oDOOSad to any net usable area. ~-Industnal development has a very limiled capacity to deal with slopes. This IS particularly true in areas such as Cenlral Oregon. in which Ihe geology makes grading COsIly . i !;onfjgy~tion Rectangular siles provide for the mosl efflCienllayouts. Siles with irregular configurations need 10 be larger to accommodate Similar leVels of development. · · · Infrastructure Transportation 0 AuioITruck 0 Rail 0 Airport General Aviation Commercial International -I 71 IbId ., 2. PAGE 32 OF 60 -EXHIBIT ·C" TO ORDINANCE 2011-017 Page: 32 T Autho r: pam Subject: Comment on TextDate: 10/30/20 11 6:.6:5. PM 'Condusory . inadequate find",,)s. The OAR calls for specifiC Informa~on about the types of sites partJcular industries need, and these findln')s on ly supply conclusory statements of compliance Without ')iving any factual or le<jal anal ysis to support the conclus ion. For example:Data centers need a lot of electnClty, but little parking , Warehouses need a lot of access to transportation, but only regular amounts of electricity. Then this OAR calls for a prediction of how many of each type of site will be required, and tillS finding does not supply that information . A quasr-judjdal dedslon by a local government must be supported by wntten fi ndi ng s identifying the applicable CTlteria , setting out the facts relied upon, and explatning the reasons why the facts establish compliance with the applicable standards. Strecker v . City of Spray, lUBA 264 (1993). Findings are inadequate where a local govemment's deosion makes condusory statements of comphance with the applicable approval criteria without giving any factual or legal analysis to support the conclusion. Larvik v. City of LaGrande, 34 Or lUBA 467 (1998). Where findings are "condusory and offer little or no support for tile oondusions drawn, the decision will be remanded on that basis alone, and lUBA need not reach the substantral evidence chaUenges . H Middleton v . Josephine County, 31 Or LUBA 423, .34 (1996); OLeo v. Columbia County, 16 Or LUBA .67,471 (1998). T Au~r: pam Subject: Hi<Jhli,)htDate: 10/30/20116:47:26 PM r Author: pam Subject: Comment on Text Date: 10/30/20116:.8:33 PM ThIs isthe-definition Of"marl<et choice". LUBA has found that market choice is not one of the elements allowed by law. T Author: pam Subject: Comment on TextDate: 10/30/2011 6:50: 10 PM 'Condusory, Inadequate finding . Where are the facts to support the condusmn that these large lots will provide tilis type of job? Author : pam Subject: Comment on Text Date: 10/30/20116:58:38 PM There IS no evidence in the rea,ra that a -Single bUsiness llasever had to mOVe outof the a-rea To be Quick~effldent, or cOmpetitive and successful. ~T Author: pam Subject: Comment on TextDate : 10/30/ 20116:59:57 PM This does not describe site needs by the types of industry expected to use the Sites. For example, where is the evidence that data centers need Auto[Truck, Rail. and Airport transportation? This is just a list of tile potenbal characteristics that can be found in Central Oregon. But not every site Will have all these characteristics, and not every Industry Will need aU these characteristics. That makes this chart meaningless. It is not an analYSis of our strengths and weaknesses , nor an analysi s of what targeted industries actually need. It IS nothing more than a list of potentially available characteristics. It does nothing to help us plan for the needs that targeted industrIes are m ost likely to have . F irms . Table 1 -Site Need Characteristics for LLI Uses In Central Oregon Utilities ~ater o Sewer Natural Gas o Electricity o Teleoommumcations Major communications capacity Route diversity Fiber optJC$ Location ~ o Locations within acceptable distance of appropriately "and skilled labor market o Appropriate housing options for workforce and ex, o Availability -ONner willing to se market consistent price o ONnership -Willingness • front infrastructure investments o Flexibility -AbIlity to a variety of demands Site CertiflCat' -Not necessary. but criteria should be at least inclusive certiflCat' • criteria Fu ; g -Viability of funding necessary infrastructure to support development .conomic recruitment benefits from some degree of market choice. evaluating prospect ive locations are more likely to consider Central Oregon if multlple appropriate sltes can be seen In a single trip. The region wants to establish and maintain a ' competitive portfolio' of large-lot Industrial sites . This would Include an Inventory of readily available and appropriate sites consistent with baseline Cliteria . allOWing the region to clear the Initial slte select.1o screenrng . To the extent that multiple prospective sites are available In region , Central Oregon 's competitive position woul d be enhanced as selectors prefer to have multiple options before phySically visiting an area s as Central Oregon. The following matrix of large-lot site locational needs Table 2 -Recommended Competitive Large Lot Industrial Inventory 50-100 Acres 100·200 Acres 200+ Acres # of Sites Jurisdictions 2 2 # of Site. Jurisdictions 10 5 2 2 A readily available and developable inventory of six large sites in at least three separate jurisdictions will provide for an adequate supply to prospective industries or site selectors" While Table 2 presents both a short term and long term inventory, the short term inventory is what is relevant from an economic PAGE 33 OF 60 -EXHIBIT ·C· TO ORDINANCE 2011-017 Page: 33 T Author: pam SUbje<!: Comment on Text Date: 10/30/2011 7:02:12 PM Earlier in these findings you stated t hat you didn't know what 1000 Friends meant by the term "m arket choice". This paragraph describes market choice. This IS what is meant. Author: pam Subject : Comment on Text Date : 10/30/2011 7: 00:49 PM Woodburn -market choice Is not allowed. ,Author: pam Subject: Comment on Text Date : 10/30/2011 7:05:06 PM Condusory flndu"lgs. "Has been ide ntified" does not provide the legally required bbasis in reason connetting the inference to the facts from which it IS derived." City of Roseburg v. Roseburg City Firefighters, 292 Or 266, 271, 639 P2d 90 (1981). development perspective. The longer term inventory 's value would be in identifying sites that can replace the short term inventory if absorbed or if market conditions and needs shift . Based on the projected level of demand for these sites , replenishment of the inventory will likely be needed on a re , U SIS . What is important from an economic development perspe maintaining an inventory of appropriately sized and located 10 liable to the market in any given period. From a market pers " sites need to be readily developable with infrastructure in place a ily available, controlled by a willing seller and (3) Inventory of Industrial and Other Employment Lands. -Comprehensive plans for all areas within urban growth boundaries must include an inventory of vacant and developed lands within the planning area designated for industn'al or other employment use. (a) For sites inventoried under this section, plans must provide the following infonna On: (A) The deSCription , including site characteristics, of vacant or developed site within each plan or zoning district; (8) A description of any development constraints or infrastructure need that affect the buildable area of sites in the inventory; and (C) For cities and counties within a Metropolitan Planning Or anization, the inventory must also include the approximate total acreage and p centage of sites within each plan or zoning district that comprise the short· term su ply of land. (b) When comparing current land supply to the projected dema , cities and counties may inventory contiguous lots or parcels together that are . hin a discrete plan or zoning district. (c) Cities and counties that adopt objectives or policies roviding for prime industrial land pursuant to OAR 660·009·0020(6) and 660-0 ·0025(8) must identify and inventory any vacant or developed prime industrial Ian according to section 3(a) of this rule . Finding: Deschutes County, by exercising it statutory coordination authority, is choosing to focus on a short·term regional i entory that identifies six, 50 acre or greater sites, in three different jurisdictions, w' n two of those sites being between 100 to 200 acres, and one over 200 acres . are on's prescriptive land use planning system requires that Deschutes County and ( en its reg ional em phasis ) Ce ntra l Oregon pe rform an inventory of industrial lands .•••••••••••••••••• •••••because Deschutes County, through Its statutory authori ty , must first provide the legal foundation to compel Bend, La Pine , Redmond, and Sisters to address a short·term specialized employment land need. Deschutes County is spec ifically fulfilling its regional coordination responsibilities by formalizing, through policies, a regional governance and land use planning framework that describe the roles and responsibilities of a regional entity, such as calc. Deschutes County is applying its coordination authority to cities as well , for those willing to fulfill this regional employment 72 Ibid ., 6 , 41. 46--4 7 . PAGE 34 OF 60 -EXHIBIT 'C" TO ORDINANCE 2011 ·017 Page: 34 r Author: pam Subject : HignligntDate: 10/30/2011 7:08 : 19 PM Au thor : pam Subject : Comment on Text Date : 10/30/2011 7: 12 :56 PM 'AdoptIon of this docum ent as an REOA is what is premature . I t is not finis hed if it does not ha ve an in ventory . Even if this were '€(Jar , why Insist on ad opting this REOA now? dearly noth ing can be done until the invento ry is in place . Why not just spend the money to do the inventory rather than spend the money to figh t the appeal ? Page: 35 need, consistent with Oregon 's Statewide Planning Program . Deschutes County I 'Author : pam Subject: H'ghlightDate : 10/30/2011 7: 15 :32 PM nonetheless recognizes the importance of addressing OAR 660-009-0015(3) and the requirement of an inventory. It is complying with the requirement that specifies city and counties to inventory industrial and other employment lands by adopting the following pOlicies : Cities are required to comply with state land use program requirements when changing land designations or amending a UGB, including conducting a local inventory to determine whether a local deficit exists . Cities are directed to not conduct regional inventories where and becau ~ the counties have established plan policies under their statutory coo inating authority to limit and disperse the number of sites that can be inc <Jed in the various UGBs as well as a program to manage the supply. To meet the requirements of Division 024 when amending GB to include a site in compliance with the regional plan , cities will be r uired to provide an estimated employment projection for the site at f build out within the planning period by applying the REOA analysis a . plan to the particulars of the site . When a city investigates and concludes t t a potential qualifying large -lot industrial site exists or can be assembl inside of its UGB (and the existing site zoning will be amended with th large-lot overlay zoning assignment), that city must replace that origina utureJ buildable land supply or evaluate and conclude that the previou identified future land supply is no longer needed. Participating cities , wh examining candidate sites, shall conduct their alternative land and lic facilities analyses and inventory of employment lands by first exam' ng if the short-term regional need can be met inside the implementing ci UGB, before assessing lands adjacent to it as required by state law. Cit are not required to evaluate inventories throughout the region because t adopted county plan has limited supply and specified site dispers as speCified by REOA. Part" _pating cities , after conducting alternative lands and public facility a lyses, but prior to any entitlement process, shall receive formal support rom EDCO that candidate site(s) contain necessary site characteristics and attributes, as defined in the REOA , to attract large-lot industrial recruiters . •,oAR 66Q-009-0015 : (4) Assessment of Community Economic Development Potential. 'he economic opportunities analysiS must estimate the types and amounts of industrial and other employment uses likely to occur in the planning area. The estimate must be based on information generated in response to sections (1) to (3) of this rule and must consider the planning area's economic advantages and disadvantages. Relevant economic advantages and disadvantages to be considered may include but are not limited to : (a) Location, size and buying power of markets; PAGE 35 OF 60 -EXHIBIT"c" TO ORDINANCE 20 11-017 (b) Availability of transportation facilities for access and freight mobility; (c) Public facilities and public services; (d) Labor market factors; (e) Access to suppliers and utilities; (f) Necessary support services; (g) Limits on development due to federal and state environ (h) Educational and technical training programs. Finding; Led by Economic De ment for Central Oregon in participatio ocal leaders, the Central 0 region has gone through the lengthy s of identifying specific ind sectors for business recruitment , r ,i n, and entrepreneurial support n Several of these industries have had ssful results to-date , while others are relatively young in Central Oregon. amount, recognized as short-term supply is described above in an earlier fi In the summaries below, the REOA draws largely from Economic Dev ,ent for Central Oregon's evaluation of industries in Central Oregon as well as extensive research and evaluation produced as a part of the Oregon Business Plan , Renewable Energy Development -Renewable or clean energy development is a global industry on the rise. In 2008, Global Insight forecasted U.S. employment growth related to "green industries" would reach 2.5 million over the next ten years. In Oregon, solar manufacturing has been an early entrant, taking advantage of Oregon's existing and highly related semiconductor industry and proximity to large U.S. West Coast markets. Central Oregon currently has a small but diverse cluster of renewable energy related industries ranging from solar power and fuel cells to wind power and biomass production . Aviation/Aerospace-There is an existing concentration relating to Redmond's airport and Bend's metro area. Specifically, Lancair has been operating in Redmond since 1992. Oregon's aviation industry includes 200 firms providing manufacturing, first and second supply chain services, and product distribution. Oregon's kit plane manufacturers also provide over 70 percent of all of the kit planes sold within the U.S. each year to global customers. Software -Oregon is home to more than 1,500 software companies , and is particularly strong in the areas of; electronic design automation, financial solutions, open source, educational and training software , embedded software and healthcare applications. Central Oregon itself is home to over two dozen established software engineering firms. Software development firms are typically smaller in scale, where quality of life and telecom infrastructure is important. However, the Central Oregon region and the State of Oregon face both human and financial capital challenges to further development of the Software/lT cluster. Biosciences -Oregon's bioscience industry has over 600 companies and research institutions. Biosciences include research and development, medical 73 See note 2 above (Central Oregon Comprehensive ECCJnomlC Development Strategy), 20. Industry sectors ci ted In the REOA are also referenced in this report PAGE 36 OF 60 -EXHIBIT ·C" TO ORDINANCE 201 '-017 Page: 36 Author: pam Subject : Comment on Text Dote: 10/30/2011 7:17:22 PM Several?!?!? Only three were identified. Which ones? WIthOut darity tt'IlS is nothing but condusory. Author: pam Subject: Comment on Text Dote: 10/30/20117:20:38 PM I s that document being incorporated by reference? If so, what part of that doaJment supports your findings. A jursldictlon may not Simply point to a lengthy document and state that somewhere In it Is the support needed. Such an attempt at incorporation fails. Staus v. City of COrvallis, 48 Or lUBA 254 (2004) devices, medical diagnostics , human and animal therapeutics, pharmaceuticals, reagents, research services, bio-agriculture , bio-fuels, and medical software operations. Bioscience is a $2.5 billion traded sector industry in Oregon . While Oregon is not seen as a bioscience hub nationally, Central Oregon is home to a segment of Oregon's promising bioscience future, specializing in pharmaceutical research and development. However , biosciences are highly workforce dependent and are often related to large-scale, higher education resources, which are currently absent in the region. Data Centers -Data centers are an emerging economic development engine in Oregon bringing significant capital investment to regional communities. The Central Oregon region offers key critical components in the recruitment of data center projects, specifically affordable electric power, municipal water and sewer capacity , robust telecom infrastructure, ability to attract technical talent to operate data center facilities, and a climate that can significantly lower power usage. These factors were instrumental in EDCO's recruitment of both Bend Broadband's Vault project and Facebook's $188 million investment in Prineville. Recreation Equipment -Oregon is home to some of the world's most recognized brands in footwear and sports apparel. Locally headquartered firms include Nike , Columbia Sportswear and the North American headquarters of Adidas. Additionally , hotbed recreational regions such as Hood River and Central Oregon have long seen start-up recreational equipment firms flourish into significant contributors to local economies. Central Oregon specifically is home to diverse range of mountain, river, and recreational vehiCle and equipment manufacturers. Higher Education -Central Oregon is just beginning the process of establishing planning efforts in the establishment of a higher education facility in the region. Local policy market and economic development professionals realize the broader importance of higher education on workforce quality, culture, and business development. Higher education facilities are typically campus style development requiring large affordable sites with good telecom and transportation infrastructure. Srtes need to be proximate to population centers. Regional Distribution Centers -Central Oregon can play a role in distribution, with Highway 97 representing an option to the 1-5 Corridor. Option planning is taking a larger role in logistics and is expected to playa bigger role in diversifying risk away from a single supply route. Wood Products -The Wood Products cluster is a long standing economic driver in Central Oregon . The cluster includes primary and secondary wood products, machinery manufacturing, paper & pulp manufacturing, wholesaling, and business management. Where Central Oregon was once a primary wood products region, secondary wood products manufacturing now accounts for 25% of all manufacturing employment in the region. While wood products have largely been a low growth industry over the last decade, the Central Oregon region is PAGE 37 OF 60 -EXHIBIT -C" TO ORDINANCE 2011-017 This page contains no comments targeting additional value-added firms. Moreover, innovated new-age primary lumber production models have emerged in recent years of which Central Oregon would have a distinct competitive advantage. While it is unlikely that several industries being targeted by communities within I I for Central Oregon will generate significant demand for large-lot industrial some sectors have a demonstrated track record for cr t" exogenous absorption of properly-zoned industrial or exam recreational equipment and aviation/ " ce ecedent corporate campuses : respectivel In Redmond , Washington] Industries In Elkhart, Indiana : Cessna in WIch ita , Kansas. Typical co;gnlPi~~-­ however, require building footprints well under the 40 -5 I eshold we have defined as a large-lot industrial site . e s are generally met by the existing land us e process in Oregon. ndustries requ iring large acreages that hold promise for the Central Oregon reg ion Include: Data centers Warehouse/d Istribution centers Select high technology/biosciences operatlons7' • OAR 660-009-0015: (5) Cities and counties are strongly encouraged to assess community economic development potential through a visioning or some other public input based process in conjunction with state agencies . Cities and counties are strongly encouraged to use the assessment of community economic development potential to form the community economic development objectives pursuant to OAR 660-009­ 0020(1)(a). Finding : Deschutes County chose to form a RAC to help guide the d ment of the REOA. Besides representatives of local government , me s included Economic Development for Central Oregon, Department of La nservation and Development, Business Oregon, Department of State La ,,00 Friends of Oregon, COIC , Central Oregon Association of Realtors Johnson-Reid LLC . The RAC developed a community vision, which arizes what the region 's economic development goals are as they partie relate to large-iol industrial demand . o build a slrong and thriving regional economy by establ i"sh lng and actiVely maintaining a competitive portfolio of large-lot employment sUes and coordinating public Investments , policies and regulations to support reg ional and state economic development objectlves,75 • OAR 660-009-0020 -Industrial and Other Employment Development PoliCies ( 1) Comprehensive plans subject to this division must include poliCies stating the economic development objectives for the planning area. These policies must be based 74 See not e 5 above (Johnson-Reid LLC , May 31 , 201 1, REOA). 28-30. 31-34 . Th e REOA also cites ta rgeted industries with large land needs in Appendix e. startmg on page 60. 15 Ibid. , 7. PAGE 38 OF 60 -EXHIBIT "C" TO ORDINANCE 2011-017 Page: 38 ,-Author: pam Su bject: Comment on Text Date: 10/30/2011 7:29:47 PM Grew up from a small RV manufacturer. They were counted as a new industry because the compan y changed hands, and thus changed names. But the manufactunng firm started small in the region , and ne ver left. They were never "exogenous". ,Author : pam Subject : Comment on Text Date: 10/30/2011 7:27:11 PM 'Grew from a small industry. They were never "exogenous":-They never movedl"ria huge business from oUtSide. T Author: pam Subject : Comment on TextDate: 10/30/2011 7:30:43 PM _ __ _ _ _ _ _ Grew from a small company in Wrtchita when a man born in Witch ita witnessed a bam -stonnlng plane, and decided to learn to build airplanes. T Author: pam Subject: Comment on TextDate : 10/30/2011 7:41:06 PM ThiS is the only statement that begins to answer the Criteria, and also applies to large lots. the criteria that needs to be complied with IS; OAR 660-009-0015: The economic opportunities analysis must estimate the types and amounts of industrial and other employment uses likely to occur in the planning area. The estimate must be based on information generated in response to sections (1) to (3) of ttlis rule and must consider the planning area's economic advantages and disadvantages. It does identify the types of industries we are likely to see, but it does not identify the amounts likel y to occur in the planning area. There are no findings connecting thiS condusory statement to the findings In sections (1 ) -(3) of this OAR. The finding does not consider the advantages and disadvantages of the area in relationship to the needs of tl1ese three industries . Further" 'select' high techjbiosciences" IS not a sufficiently specific "type" of indUstry. There is no evidence in the record regarding how many or the types of lots (size, Infrastructure, transportation) they will actually need aside from the general assurance that they will need some large lots, just like the other three industries listed. T Author: pam Subject: Comment on TextDate: 10/30/20117:46:46 PM __ _ _ _ _ i lOO O Friend s complained that this was not a "vision" from the very beg inning. See page 1-2 of our first set of comments submitted to the county on January 27, 2011. Maintaining ttlat deve)opi ng a portfolio of large lots IS an unproven potential solution to building a strong economy . It is not a vision In and of itself. Further, we highly doubt that if the public were actually asked that there would be wide spread support for this "vision." The county should be focussing on bringing stable living wage jobs to central Oregon. Not just businesses that require large amounts of land. There is no evidenc;e in the record that one equals the other. on the community economic opportunities analysis prepared pursuant to OAR 660-009­ 0015 and must provide the following: (a) Community Economic Davelopment Objectives. The plan must state the overall objectives for economic development in the planning area and identify categories or particular types of industrial and other employment uses desired by the community. Policy objectives may identify the level of short-term supply of land the planning area needs. Cities and counties are strongly encouraged to select a competitive short-term supply of land as a policy objective. Finding : Deschutes County chooses to identify and implement a program to create a regional large-lot land supply that enables Central Oregon to be a competitive region for industrial recruitment. Central Oregon's traditional industrial base remains active in the local economy, and the region would like to increase its emphasis on industrial employment to strengthen that base . While many locally based service-sector businesses are an essential part of a region's business mix and quality of life, they are not as effective in creating new living wage jobs .?6 Deschutes County, by exerting is statutory coordination authority, wants to leverage its strengths and employ new economic development tools to create a dynamic and competitive large-lot industrial land supply portfolio and inventory that appeal to industrial site selectors. As noted in the REOA, Centra l Oregon wants to implement a program that assures a regional industrial land inventory is adequate to support the specific needs of large-lot industrial users.77 Deschutes County is adopting a REOA in conjunction with several regiona l industrial land policies to comply with OAR 660-009-0020(1 )(a). These policies clearly recognize an economic development objective . The last two policies in particular underscore a competitive short-term supply of land as a policy objective. The Central Oregon region , comprised of Jefferson, Crook and Deschutes counties and its respective cities recognizes the market reality that the region currently serves as an integrated, cohesive economic unit , sharing work force and commercial amenities, and should be marketed as such to increase its perceived scale in the market. The Central Oregon region needs a critical mass of competitive and diverse vacant , developable large-lot industrial sites in order for site selectors representing potential industrial recruitment to consider the region, along with all of the other needed support factors including adequately skilled workforce , workforce training programs, worker housing, supportive local government, utility services, transportation, and quality of life. Developing and maintaining a supply of large readily available industrial sites is not currently part of regional economic development efforts , therefore the region's jurisdictions have developed Goal 9 compliance based on projected 16 Ibid .. 4 n Ibid., 5 The primary economic development objective of this analysis is to ensure that the regional industnalland Inventory is adequate to suppon the specific needs of large lot industrial users PAGE 39 OF 60 -EXHIBIT ·C" TO ORDINANCE 2011-0 17 This page contains no comments growth, and the attraction of a large industrial user that is recognized as an exogenous impact to these projections. A large-lot industrial site is 50 acres or larger with specific site attributes and amenities. The short term supply of 6 sites is a community development objective of Central Oregon for establishing large-lot industrial uses. Short term supply is a readily available and developable inventory of up to 6 sites in at least three separate jurisdictions in order to provide an adequate supply to prospective industries or site selectors. Two of the 6 sites are to be 100 to 200 acres and one site would be 200+ acres . • OAR 660-009-0020: (1)(b) Commitment to Provide a Competitive Short-Term up IY. Cities and counties within a Metropolitan Planning Organization must ado a olicy stating that a competitive short-term supply of land as a communi 7 ee nomic development objective for the industrial and other employment uses s ecte through the economic opportunities analysis pursuant to OAR 660-009-0015. Finding: As noted in the previous finding, Deschutes County. 0020(1 )(b) by adopting the following policy: pment objective of • OAR 660-009-0020: (1)(c) Commitment to P vide Adequafo Sites and Facilities. The plan must include policies committing the ity or county/ to designate an adequate number of sites of suitable sizes, type and locations . The plan must also include policies, through public facilities p/anni and transportation system planning, to provide necessary pubtic facilities and trans rta/ion facilities for the planning area. Finding: Deschutes County i exercising its statutory coordination authority to compel cities to address an unm large-lot industrial land need by adopting a REOA and several regional industri I land policies to comply with OAR 660-009-0020(1 )(c). As noted above, Deschut County must first provide the legal foundation to compel Bend, La Pine, Redmond nd Sisters to address a short-term specialized employment land need. Deschute ounty is specifically fulfilling its regional coordination responsibilities by formalizin , through policies , a regional governance and land use planning framework at describe the roles and responsibilities of a regional entity , such as COIC . D chutes County is applying its coordination authority to cities as well, for those willin 0 fulfill this regional employment need, consistent with Oregon's Statewide Pia ing Program. e timing for committing cities to designate suitable sizes, types and locatlons of large­ lot employment sites. consistent with public facility and transportation system plans however. will occur when cities choose to Implement th i s program. As mentioned above, Deschutes County, by adopting the REOA into its Comprehensive Plan is identifying the PAGE 40 OF 60 -EXHIBIT 'C" TO ORDINANCE 2011-017 Page: 40 I Author : pam Subject: Comment on Text Date: 10/30/2011 7 :55:08 PM Author: pam Subject: Comment on TextDate: 10/30/2011 7:57:39 PM "In other words: No such plan exists In thIS REOA. Will all of thiS planning and coordination have to take place prior to the first dty adopting this? short-term and twenty year need. Through policies, Deschutes County is also establishing the legal framework for regional governance. Cities in Central Oregon will be responsible for addressing unmet short-term need for large-lot industrial sites and conducting buildable lands inventories consistent with the statewide planning program. OAR 660-009-0020(1)(c) admittedly does not fit neatly with a regional approa 0 large-lot industrial siting . Deschutes County nonetheless recognizes the imp' ,nce of addressing this administrative rule to assure cities comply with it. The mitment to establish and maintain a supply of large-lot industrial sites ultima rests with all the local governments in the tri-county region. Deschute \.;ounty satisfies this administrative rule by adopting the following policies: Deschutes County recognizes the i .portance for maintaining an appro late available large-lot industrial la upply that is readily developable i 'entral Oregon. The supply of up t 6 sites , located in existing or amended rban Grow1h Boundaries ..... s), addresses the short-term large-lot i ustrial regional land ne In Central Oregon and can be incorporat as an additional unent of a city's twenty year land supply. 'Particlpating cities In Deschutes County will sup rt the existing economic base by providing adequate land and Infra aure to make city sites attractl~e to businesses willing to Invest In IQh job density and Industrial activity, • Cities in Deschutes County will con ue to provide high quality physlcal infrastructure to serve the needs of slness . Deschutes County , fulfilling its rdination duties speCified in ORS 195.025, shall approve and update its comprehensive plan when participating cities within their jurisdiction Ie slatively or through a quasi-judicial process designate regionally sign ' cant sites . Cities are required to omply with state land use program requirements when changing land des nations or amending a UGB, including conducting a local inventory to det mine whether a local deficit exists. To meet the .equirements of Division 024 when amending a UGB to include a site in co .• pliance with the regional plan, cities will be required to provide an estima ,(l employment projection for the site at full build out within the plan .• ng period by applying the REOA analysis and plan to the particulars of t site. o Participating cities , when examining candidate sites, shall conduct their alternative land and public facilities analyses and Inventory of employment lands by first examining If the short-term regional need can be met Inside the Implementing city's UGB, before assessing lands adjacent to it as required by state law, CII.es are not required to evaluate Inventories throughout the region PAGE 41 OF 60 -EXHIBIT "C' TO ORDINANCE 2011-017 Page: 41 T Author: pam Subject: Comment on Text Date: 10/30/2011 8:00 :50 PM ___ This IS nothing but a pohcy to comply with law. It does nothing to further direct how infrastructure will be built. T Author: pa m Subject: Comment on Text Date : 10/30/20 11 8:53 :20 PM If thiS is one of your main policies, you need to have the Inventory done prior to adopting this. No aty can realistically use this to bnng land into UGBs until this inventory is done. Why rush it? 1 Author; pam because the adopted county plan has limited supply and specified site dispersal as specified by the REOA Finding: According to the REOA, large-lot employment sites are an unmet land need , currently not part of regional economic development efforts . Deschutes County, by exercising its statutory coordination authority, is choosing to focus on a short-term inventory that identifies six, 50 acre or greater sites, in three different jurisdictions, with two of those sites being between 100 to 200 acres, and one over 200 acres. Oregon 's prescriptive land use planning system nonetheless requires that Deschutes County an (given its regional emphasis) Central Oregon also identify the employment land sup)lfy for a twenty year planning period (total land supply). A total land supply of sevemeen sites represents the twenty year regional land supply of large-lot employment sit It is important to acknowledge that a twenty year land supply from ar. economic development standpoint is inconsequential. Business Oregon recognize that Central Oregon's first priority should be establishing a readily available a a developable inventory of six large sites in at least three separate jurisdic : ns. Economic development, viewed outside the context of Oregon's land use pi ning system would focus entirely on a short-term supply with mechanisms 0 insure consistent replenishment. Viewed from this perspective, the long-term (20 ear) supply 's value is in identifying sites that can replace the short term inventory If absorbed or jf maJ1<.et condlt1ons and needs shift. Deschutes County is proposing the following policies, consistent with OAR 660-009-0020(2) that concentrates this program 's efforts on the short-term supply, including safeguards that ensure replenishment sites are not exploited: The unmet short-term need for large-lot industrial sites in Central Oregon is an additional component of a city's twenty-year land supply . Short term supply is a readily available and developable inventory of 6 large sites in at least three separate jurisdictions provide for an adequate supply to prospective industries or site selectors . Two of the 6 sites are to be 100 to 200 acres and one site would be 200+ acres. • At least one of the 6 short term (readily available/developable in 6 months) sites would consist of a major. centrally located large-scale development property near the region's geographic and workforce center, and where key infrastructure is in place and has excess capacity, either the north end of Bend or the southern end of Redmond, east of Highway 97 . The supply of up to 6 sites , located in existing or amended Urban Growth Boundaries (UGBs), addresses the short-term large-lot industrial regional PAGE 42 OF 60 -EXHIBIT "C ' TO ORDINANCE 2011 -01 7 Page: 42 Author: pam T _ ___ Subject; HighlightDa te ; 10/30/2011 8;53;55 PM Subject; H,ghl igh tDate; 10/30/20 118;54;29 PM Subject; Comment on Text Date; 10/ 30/2011 8:58;17 PM TIllS is the only text explaining an "event" that would trigger revi ew of the short term land supply . But, there is noth ing In this resporlSe that provides a "derailed strategy for preparing the total land supply for development" The conduston that the 20-year supply is ",nconse quentlal" does not satiSfy the cntena. land need in Cent,ral Oregon and can be incorporated component of a City s twenty year land supply. as an additional Page: 43 T Author: pam Subject : Commenton Text Date: 10/30/20 119:00:20 PM · Th~ text very precisel y gets at one element of the criteria. The supply of up to 17 long-term sites, which in nort term sites, represents the currently pro ' -year regional land supply of this special indu ' assification . It would be great if all the findings were this precise' eplenishing the short term inventory shall be initiated when large lot employers demonstrate a commitment to short term sites by completing land use entitlements and executing site-development permits, including building perm~s, subject to the fOllowing replenishment mechanism: a. To maintain a competitive short term ready supply of large-lot employment sites with the characteristics speCified in the REOA, only a total of six vacant and developable sites shall ever be made available at one time. Central Oregon cities and counties shall, within 6 months of the adoption of this policy , execute Memorandums of Understanding (MOUs) that specify : a. Cities , after conducting alternative lands and public facility analyses , but prior to any entitlement process, receive formal support from Economic Development of Central Oregon that potential sites contain necessary site characteristics and standards as defined in the REOA to attract large-lot industrial recruiters . b. Establishment of a regional authority, responsible for formally supporting regional large-lot industrial sites after cities identify potential candidates through alternative lands and public facility analyses, but prior to any entitlement process. c. A Regional Advisory Committee (RAC) will be convened (at least) annually with each city and county providing activity reports relating to the short term land supply. Facilitating the RAC will be the responsibility of the counties (ORS 195.025) and will rotate each year, starting alphabetically with Crook County . Deschutes County supports Economic Development of Central Oregon (EDCO), a non-profit organization facilitating new job creation and capital investment to monitor and advocate for the region's efforts of maintaining an inventory of appropriate sized and located industrial lots available to the market . Deschutes County, in collaboration with other Central Oregon 's counties and cities and EDCO, will coordinate and seek assistance from state agencies to continually support a regional economic development replenishment strategy. The policies above recogn ize that projecting the demand for industrial land in this size range is inherently highly speculative, as it is a thinly traded and highly competitive sector. With fewer transactions and multiple areas competing for these transactions , there is an unusually high degree of uncertainty in any forecast. The degree of PAGE 43 OF 60 -EXHIBIT"C TO ORDINANCE 2011-017 uncertainty however, is offset by emphasizing a short term ready supply, with a mechanism to replace supply in a timely manner when needed. • OAR 660-009-0020: (3) Plans may include policies to maintain existing categon'es or levels of industrial and other employment uses including maintaining downtowns central business districts. (4) Plan policies may emphasize the expansion of and increased "uuctivity from eXisting industries and firms as a means to facilitate local econo uevelopment. (5) Cities and counties are strongly encouraged to a r plan policies that in ae brownfield redevelopment strategies for retaining I . In industrial use and for ualitying them as part of the local short-term supply of _dO. (6) Cities and counties are strongl "ncouraged to adopt plan prime industrial land pursuant AR 660-009-0025(8). (7) Cities and counti. re strongly encouraged to additional appro _"es to implement this division in Finding: Ihese specific: administrative rul are not requirements' tes County Is not required to Incorporate cific policies 10 add res • OAR 660-009-0025 -Desi ation of Lands for Indu 'ployment Uses Cities and counties must adopt measures ad uate to implemen policies adopted pursuant to OAR 660-009-0020. Appro late implementing measures include amendments to plan and zone map des; dations, land use re lations, public facility plans, and transportation system plans. (1) Identification of Needed Sites. 'The plan must identi,! the approximate number, acreage and site characteristics of sites needed to acc mmodate industrial and other employment uses to implement plan policies. Plans not need to provide a different type of site for each industrial or other employme use. Compatible uses with similar site characteristics may be combined into bra site categories. Several broad site categories will provide for industrial and other mployment uses likely to occur in most planning areas. Cities and counties may so deSignate mixed-use zones to meet multiple needs in a given location Finding: Deschutes County is exercis', g its statutory authority and choosing to collaborate with the cities of Bend, .a Pine. Redmond, and Sisters. as well as Jefferson and Crook Counties by respondi 9 to a specific employment need identified in a REOA for large-lot industrial sites in ntral Oregon. Deschutes County is adopting a REOA and several regional industr' I land policies to comply with OAR 660-009-0025(1). As described above, the RE defines the short and long term need to accommodate large-lot industrial sites. Regulations and comprehensive plan policies that provide an adequate supply of s~es of suitable sizes , types, locations and service levels for industrial uses will occur when cities conduct thei r alternative land and public facilities analyses and inventory of employment lands when examining if the short-term reg ional PAGE 44 OF 60 -EXHIBIT ·C-TO ORDINANCE 2011·017 Page: 44 r.Author: pam Subject: Comment on Text Date: 10/30/2011 9:04:32 PM It's true. There is no basis for appeal here. But it Is poor policy to choose not to do so many thmgs that would be so good for our economy . T Author: pam Subject: Hi9hlightDate: 10/30/20119:05:11 PM I Author: pam Subject: Highlight Date: 10/30/2011 g:05:3g PM Author: pam Subject: Comment on Text Date: 10/30/2011 9:07:30 PM This is an admission that this criteria is not met If this EOA is not complete, don't adopt it, or don't call it an EOA. need can be met inside their respective UGBs , consistent with OAR 660 Division 9 and Division 24 . Deschutes County satisfies OAR 660-009-0025(1 )by adopting the following draft policies: • The Central Oregon Large Lot Industrial Regional Economic Opportunity Analysis (REOA) dated May 31 , 2011 is incorporated and adopted by reference herein . Findings from the REOA recognize : o Large-lot industrial lands supply initiative exceeds the capacity of any single jurisdiction . o A large-lot industrial site is 50 acres or larger with specific site attributes and amenities. o Short term supply is a readily available and developable inventory of 6 large sites in at least three separate jurisdictions provide for an adequate supply to prospective industries or site selectors . Two of the 6 sites are to be 100 to 200 acres and one site would be 200 .. acres . o At least one of the 6 short term (readily available/developable in 6 months) sites wou ld consist of a major, centrally located large-scale development property near the region 's geographic and workforce center, and where key infrastructure is in place and has excess capacity, either the north end of Bend or the southem end of Redmond , east of Highway 97 . • The supply of up to 6 sites, located in existing or amended Urban Grow1h Boundaries (UGBs), addresses the short-term large-lot industrial regional land need in Central Oregon and can be incorporated as an additional component of a city 's twenty year land supply . • The short term supply of 6 sites is a community development objective of Central Oregon for establishing large-lot industrial uses . Deschutes County recognizes the importance for maintaining an appropriate and available large-lot industrial land supply that is read ily developable in Central Oregon . Participating cities , when examining candidate sites, shall conduct their alternative land and public facilities analyses and inventory of employment lands by first examining if the short-term regional need can be met inside the implementing city 's UGB , before assessing lands adjacent to it as requ ired by state law. Cites are not required to evaluate inventories throughout the region because the adopted county plan has limited supply and specified site dispersal as specified by the regional EOA. • The supply of up to 17 long-term sites , which includes the 6 short term sites, represents the currently projected (total) 20-year regional land supply of this special industrial land classification . • When a city investigates and concludes that a potential qualifying large-lot industr ial site exists or can be assembled inside of its UGB (and the existing site zoning will be amended with the large-lot overlay zoning assignment), PAGE 45 OF 60 -EXHIBIT -C ' TO ORDINANCE 20' '-0' 7 This page contains no comments that city must replace that original [future] buildable land supply or evaluate and conclude that the previously identified future land supply is no longer needed. Replenishing the short term inventory shall be initiated when large employers demonstrate a commitment to short term sites by completing I lot use entitlements and executing site-development pemnits, includin "uilding permits , subject to the following replenishment mechanism : a. To maintain a competitive short term ready supply ,rge-Iot employment sites with the characteristics specified in the "t=OA, only a total of six vacant and developable sites shall ever I ade available at one time . • OAR 660-009-0025: (2) Total Land Supply. Plans must designate serviceable la tJ suitable to meet the site neecis identified in section (1) of this rule. Except as pro . ed for in section (5) of this rule, the total acreage of land designated must at least e al the total projected land needs for each industrial or other employment use category identified in the plan during the 20-year planning period. Finding : According to the REOA , large-lot employment sites are an met land need, currently not part of regional economic development efforts. De utes County , by exercising its statutory coordination authority , is choosing to f us on a short-term inventory that identifies six, 50 acre or greater sites, in three di ,erent jurisdictions, with two of those sites being between 100 to 200 acres, and one ver 200 acres . Oregon's prescriptive land use planning system nonetheless require that Deschutes County and (given its regional emphasis) Central Oregon also iden!' the employment land supply for a twenty year planning period (total land supply). total land supply of seventeen sites represents the twenty year regional land suppl of large-lot employment sites . It is important to acknowledge that a twen year land supply from an economic development standpoint is inconsequential. usiness Oregon recognizes that Central Oregon's first priority should be establ',hing a readily available and developable inventory of six large sites in at I st three separate jurisdictions. Economic development, viewed outside the co ext of Oregon's land use planning system would focus entirely on a short-term supply with mechanisms to insure consistent replenishment. Viewed from this erspective , the long-term (20 year) supply's value is in identifying sites that can reR ce the short term inventory if absorbed or if market conditions and needs shift. s noted above, Deschutes County is proposing policies that concentrate this pro ,am's efforts on the short-term supply, including safeguards that ensure replenish nt sites are not exploited. The following policies satisfy OAR 660-009-025(2): The s pply of up to 17 long-term sites , which includes the 6 short term sites, repr ·sents the (currently projected) total 20-year land supply of this special ustrial land classification. Cities are directed fo nol conduct regional lnventorl es where and because the counties have established plan policies under the ir statutory coordinating PAGE 46 OF 60 -EXHIBIT 'C" TO ORDINANCE 2011-017 Page: 46 I Author: pam Subject: Highlight Date : 10/30/20119:09:20 PM T Author: pam Subject: Comment on Text Date: 1O{30/20 11 9: 10:55 PM This is another inven tory reqUirement. It requires an EOA to "designate" lands . Adopting a poli cy that some other jdx should do the work does not satisfy the requirement . authority to limit and disperse the number of sites that can be included in the various UGBs as well as a program to manage the supply . • OAR 660-009-0025: (3) Short-Term Supply of Land. ~'mt;9r within a Metropolitan Planning Organization or cities and counties ffiat adopt policies relating to the short-term supply of land must deSignate suitable land to respond to economic development opportunities as they arise. Cities and counties may maintain the short-term supply of land according to the strategies adopted pursuant to OAR 660­ 009-0020(2r Finding: As described above, the REOA defines the region's short term need to accommodate large-lot industrial sites . Deschutes County satisfies this oar 660-0090­ 0025(3 ) by adopting the following draft policies : The supply of up to 6 sites , located in existing or amended Urban Growth Boundaries (UGBs). addresses the short-term large-lot industrial regional land need in Central Oregon and can be incorporated as an additional component of a city 's twenty year land supply . Short term supply is a readily available and developable inventory of 6 large sites in at least three separate jurisdictions provide for an adequate supply to prospective industries or site selectors . Two of the 6 sites are to be 100 to 200 acres and one site would be 200+ acres. At least one of the 6 short term (readily available/developable in 6 months) sites would consist of a major, centrally located large-scale development property near the region's geographic and workforce center, and where key infrastructure is in place and has excess capacity, either the north end of Bend or the southern end of Redmond. east of Highway 97. Replenishing the short term inventory shall be initiated when large lot employers demonstrate a commitment to short term sites by completing land use entitlements and executing site-development permits , including buildin permits , subject to the following replenishment mechanism : a . To maintain a competitive short term ready supply of large-lot employmf,int sites with the characteristics specified in the REOA, only a total of /six vacant and developable sites shall ever be made available at one time The notion of replenishment is always to maintain an adequate Short-term~pPIY of sites . It can be triggered when a site is committed to development. Des hutes County is choosing to define a large-lot employer's commitment to a site hen it completes the land use entitlement process and executes site deve pment permits (ex. grading), including building permits . • OAR 660-009-0025: (3)(a) Except as provided for in subsections (b) and (c). 'cities and counties subject to this section must provide at least 25 percent of the total land supply within the urban growth boundary designated for industrial and other emp/oyment uses as short-term supply. PAGE 47 OF 60 - EXHIBIT -C· TO ORDINANCE 20 11-01 7 Page: 47 c • Author: pam SUbje<t: Hig hl ightOate: 10/30/2011 9 : 11 :30 PM - I ~-~ c 1 Author: pam Subje<t: H,gh li gh t Date: 10/30 /2011 9: 11 :4'1 PM I Author: pam Subjett: H,ghlrghtDate: 10/30/20119:17:26 PM (b) Affected cities and counties that are unable to achieve the target in subsection (a) above may set an alternative target based on their economic opportunities analysis. (c) A planning area with 10 percent or more of the total land supply enrolled in Oregon's industrial site certification program pursuant to ORS 284.565 satisfies the requirement of this section. Finding: OAR 660-009-025(3)(a) requires cities and counties to vide at least 25 percent of the total land supply within the UGB designate ,ur industrial and other employment uses as short-term supply. Deschutes Co ""y, by exercising its statutory coordination authority, is compelling Bend, La Pi ,Redmond, and Sisters to address a short-term specialized employment land ne , tJ six industrial sites, 50 acres or larger in three different jurisdictions. Sevent .d sites, which include the 6 short term sites, represent the currently project • otal) 20-year regional land supply of this specialized industrial land classification. The short-term inventory therefore represents 35% of the total supply-. As noted earlier, Deschutes County is specifically fulfilling its regional coordination responsibilities by formalizing, through policies, a regional governance and land use planning framework that describe the roles and responsibilities of a regional entity, such as COIC. Deschutes County is applying its coordination authority to cities as well, for those willing to fulfill this regional employment need, consistent with Oregon's Statewide Planning Program. The policies below demonstrate that participating cities will satisfy the requirement of accommodating 25% of the total land supply in UGBs when they conduct their alternative land and public facilities analyses and inventory of employment lands, consistent with OAR 660 Division 9 and Division 24: Participating cities, when examining candidate sites, shall conduct their alternative land and public facilities analyses and inventory of employment lands by first examining if the short-term regional need can be met inside the implementing city's UGB, before assessing lands adjacent to it as required by state law. Cites are not required to evaluate inventories throughout the region because the adopted county plan has limited supply and specified site dispersal as specified by the regional EOA. Replenishing the short term inventory shall be initiated when large lot employers demonstrate a commitment to short term sites by completing land use entitlements and executing site-development permits, including building permits, subject to the following replenishment mechanism: a. To maintain a competitive short term ready supply of large-lot employment sites with the characteristics specified in the REOA, only a total of six vacant and developable sites shall ever be made available at one time. * OAR 660-009-0025: (4) If cities and counties are required to prepare a public facility plan or transportation system plan by OAR chapter 660, division 011 or division 012, the city or county must complete subsections (a) to (c) of this section at the time of periodic PAGE 46 OF 60 -EXHIBIT"C-TO ORDINANCE 2011-017 Page: 48 ':f Author: pam Subject: Comment on Text Date: 10/30/2011 9: 18:40 PM You could have satisfied this cnteria with tflis one sentence alone. review. Requirements of this rule apply only to city and county decisions made at the time of periodic review Finding: Deschutes County started its periodic review in 1988 and completed it on January 23, 2003. In 2003, the Oregon Legislature amended ORS 197.629(3) exempting counties from periodic review, excluding portions of its population within the urban growth boundary (UGS) of a city. • OAR 660-009-0025: (5) Institutional Uses. Cities and counties are not required to designate institutional uses on privately owned land when implementing section (2) of this rule. Cities and counties may designate land in an industrial or other employment land category to compensate for any institutional land demand that is not designated under this section. Finding: This administrative rule does not apply since the REOA identifies opportunities to establish and maintain large-lot industrial sites in Central Oregon. • OAR 660-009-0025: (6) Compatibility. Cities and counties are strongly encouraged to manage encroachment and intrusion of uses incompatible with industrial and other employment uses. Strategies for managing encroachment and intrusion of incompatible uses include, but are not limited to, transition areas around uses having negative impacts on surrounding areas, design criteria, district designation, and limiting non­ essential uses within districts. Finding: Deschutes County, by exercising its statutory coordination authority, is compelling Send, La Pine , Redmond, and Sisters to address a short-term specialized employment land need of six industrial sites , 50 acres or larger in three different jurisdictions. Deschutes County complies with this administrative rule by adopting the following policy: Participating cities in Deschutes County shall adopt a large-lot industrial overlay zone that establishes and maintains the region's large-lot industrial site inventory and manages usage of such lands. • OAR 660-009-0025: (7) Availability. Cities and counties may consider land availability when designating the short-tenn supply of land. Finding: The REOA acknowledges the difficult tasks of assembling multiple smaller parcels into a cohesive "large-lot" product. 78 Deschutes County recognizes that the key to the site selection process is that it is essential for candidate sites to be truly development-ready instead of simply "buildable." A general lack of development-ready sites to choose from eliminates a city or region from contention early in the site selection process. This is why Deschutes County is focusing on the short-term supply of a readily available and developable inventory of up to 6 sites in at least three separate jurisdictions in order to provide an adequate supply to prospective industries or site 76 Ibid .. 24 PAGE 49 OF 60 -EXHIBIT "C" TO ORDINANCE 2011-017 This page contains no comments selectors . Two of the 6 sites are to be 100 to 200 acres and one site would be 200+ acres. This is consistent with the REOA's recognition that firms in the site selection process prefer to have multiple options within a region that meet their criteria. Ideally this would include multiple ownerships, as well as multiple jurisdictions . This allows for competitive pricin~, a wider range of options, as well as making the area more attr~ for site visitation .7 • OAR 660·009-0025: (8) Uses with Special Siting Characteris ' . ",ties and counties that adopt objectives or policies providing for uses wi ~ eeial site needs must adopt policies and land use regulations providin ose special site needs . Special site needs include, but are not limited ,rge acreage sites, special site configurations, direct access to transport acilities, prime industrial lands, sensitivity to adjacent land uses, or co oreland sites designated as suited for water·dependent use under Goal 17. O/ieies and land use regulations for these uses must: (a) Identify sites suitable for the proposed use; (b) Protect sites suitable for the proposed use by limiting land divisions and p . issible uses and activities that interfere with development of the site for the intende use; and (c) Where necessary. protect a site for the intended use by includin measures that either prevent or appropriately restrict incompatible uses on adjacent d nearby lands. Finding : Deschutes County, through its governing body , is exerting Its statutory coordinating authority to address an unmet regional need for large-lot industrial sites. This authority will assure there is an integrated comprehensive plan between Deschutes County and its respective cities by compelling Bend, La Pine, Redmond , and Sisters to address a short-term specialized employment land need of six industrial sites. 50 acres or larger in three different jurisdictions. Deschutes County is specifically fulfilling its regional coordination responsibilities by formalizing, through policies, a regional governance and land use planning framework that describe the roles and responsibilities of a regional entity, such as COIC. Deschutes County is applying its coordination authority to cities as well, for those willing to fulfill this regional employment need , consistent with Oregon's Statewide Planning Program. Deschutes County's process directs the tri-county region to coordinate as a single entity promoting large-lot industrial employments sites that best serve the region as a whole to create family wage jobs , region economic diversification and place Central Oregon on the map for regional, national and international industrial recruitment. Deschutes County complies with this administrative rule and its emphasis on special siting characteristics by adopting the following policies: The Central Oregon region, comprised of Jefferson, Crook and Deschutes counties and its respective cities , recognizes the market reality that the region currently serves as an integrated , cohesive economic unit, sharing work force and commercial amenities, and should be marketed as such to increase its perceived scale in the industrial recruitment marketplace . 79 Ibid. PAGE 50 OF 60 -EXHIBIT 'C-TO ORDINANCE 2011-017 Page: 50 I Author: pam Subject: HighlightDate: 10/30/20119:2 4:50 PM r Author: pam Subject: H'ghlightDate: 10/30/20119:25 :11 PM r Autnor : pam Subject: Comment on Text Date : 10/30/20119:28 :37 PM This IS yet ANOTHER Inventory requirement It IS just too early to adopt this REOA. You need an inventory. The Central Oregon region needs a c ritical mass of competitive and diverse vacant , developable industrial sites in order for site selectors representing potential industrial recruitment to consider the region , along with all of the other needed support factors including adequately skilled workforce, workforce training programs, worker housing, supportive local government , utility services , transportation, and quality of life. Developing and maintaining a supply of large readily available industrial sites is not currently part of regional economic development efforts, therefore the region's jurisdictions have developed Goal 9 compliance based on projected growth , and the attraction of a large industrial user that is recognized as an exogenous impact to these projections . The exogenous short-term need for large-lot industrial sites in Central Oregon is an additional component of a city's twenty-year land supply . Competing as a cohesive region allows Central Oregon to market a larger available work force , the size of which is often a key locational criterion for firms. The need for large-lot industrial sites is a regional need, with the economic development benefits widely distributed regardless of the specific firm location , Large -lot industrial lands supply initiative exceeds the capacity of any single jurisdiction. A large-lot industrial site is 50 acres or larger with specific site attributes and amenities. Short term supply is a readily available and developable inventory of up to 6 sites in at least three separate jurisdictions in order to provide an adequate supply to prospective industries or site selectors . Two of the 6 sites are to be 100 to 200 acres and one site would be 200+ acres . At least one of the 6 short term (readily available/developable in 6 months) sites would consist of a major, centrally located large-scale development property near the region 's geographic and workforce center, and where key infrastructure is in pla ce and has excess capacity , either the north end of Bend or the southern end of Redmond , east of Highway 97 B O The supply of up to 6 sites, located in existing or amended Urban Growth Boundaries (UGBs), addresses the short-term large-lot industria l regional land need in Central Oregon and can be incorporated as an additional component of a city's twenty year land supply . The supply of up to 17 long-term sites , which in cludes the 6 short term sites , represents the currently projected (total ) 20-year regional land supply of this special industrial land classification. 60 See nOt e tl4 above (Joh nSon-ReId LLC , Ma y 3 1 , 20 11 . REOA). 47 . PAGE 51 OF 60 -EXHIBIT -C" TO ORDIN ANCE 2011-017 This page contains no comments Replenishing the short term inventory shall be initiated when large lot employers demonstrate a commitment to short term sites by completing land use entitlements and executing site-development permits , including building permits, subject to the following replenishment mechanism: a. To maintain a competitive short term ready supply of large-lot employment sites with the characteristics specified in the REOA, only a total of six vacant and developable sites shall ever be made available at one time . Participating cities in Deschutes County (and in the 3-County REOA region) shall adopt a large-lot industrial overlay zone that establishes and maintains the reg ion 's large-lot industrial site inventory and manages usage of such lands . • OAR 660-009-0030 -Multi-Jurisdiction Coordination (1) Cities and counties are strongly encouraged to coordinate when implementing OAR 660-009-0015 to 660-009-0025. (2) Jurisdictions that coordinate under this rule may: (a) Conduct a single coordinated economic opportunities analysis: and (b) Designate lands among the coordinating jurisdictions in a mutually agreed proportion. Finding : The Land Conservation and Development Commission adopted amendments to OAR chapter 660 , division 9 on December 1, 2005. One of those amendments enabled cities and counties to conduct a single, regional EOA. This specific administrative rule allows cities and counties to coordinate EOAs and to designate lands among the coordinating jurisdictions in a mutually agree proportion .8 1 Under this new rule, regional coordination is strongly encouraged, but not required . During rule making , no method was sr,ecified or mandated for REOAs, therefore counties are free to use a sensible method. 2 As described in these findings , Deschutes County is exercising its coordination authority by collaborating with the cities of Bend, La Pine , Redmond, and Sisters, responding to a specific employmenVland need identified in a REOA for large­ lot industrial sites in Central Oregon. Deschutes County is also coordinating with two adjoining counties by voluntarily joining together with Crook and Jefferson and their respective cities as authorized in ORS 190.003 to 190.620, to collaborate on an unprecedented regional evaluation of the economic opportunities and constraints associated with users of large industrial parcels in the Central Oregon region . The REOA provides an ex1raordinary opportunity as demonstrated by the accompanying draft policies to establish and maintain a regional supply of large-lot industrial sites . Deschutes County complies with this subsection by adopting the following policies: Deschutes County supports a multi-Jurisdictional cooperative effort to pursue a regional approach to establish a competitive supply of large-lot industrial 81 hnp :liwww oregon gov/LCDldo(':s/econom Jcd "'ft!Joo mcr.tJq9 ru le fae; sh ee t pdf 82 S~nole 34 above (Department 01 Land Conservation and Development October 18. 2011 Letter), 1. PAGE 52 OF 60 -EXHIBIT 'C-TO ORDINANCE 2011-017 This page contains no comments sites particularly designed to address out-of-region industries that may locate in Central Oregon. Short term supply is a readily available and developable inventory of up to 6 sites in at least three separate jurisdictions in order to provide an adequate supply to prospective industries or site selectors. Two of the 6 sites are to be 100 to 200 acres and one site would be 200+ acres. Participating Central Oregon cities and counties shall , within 6 months of their adoption of this policy, execute Memorandums of Understanding (MOUs) that specify: 1. Cities, after conducting alternative lands and public facility analyses, bul prior to any entitlement process, receive formal support from Economic Development of Central Oregon that potential sites contain necessary site characteristics and standards as defined in the REOA to attract large-lot industrial recruiters. 2. Establishment of a regional authority, responsible for formally supporting regional large-lot industrial sites after cities identify potential candidates through alternative lands and public facility analyses, but prior to any entitlement process. 3. A Regional Advisory Committee (RAC) will be convened (at least) annually , with each city and county providing activity reports relating to short term land supply. FaCilitating the RAC will be the responsibility of the counties (ORS 195 .025) and will rotate each year, starting alphabetically with Crook County. PartiCipating cities, after conducting alternative lands and public facility analyses. but prior to any entitlement process, shall receive formal support from Economic Development of Central Oregon that candidate site(s) contain necessary site characteristics and attributes, as defined in the REOA, to attract large-lot industrial recruiters. Section (5) -Other Statewide Planning Goals The parameters for evaluating these specific amendments are based on an adequate factual base and supportive evidence demonstrating consistency with Statewide Planning Goals. Finding: The following findings demonstrate that Ordinance 2011-017 complies with applicable statewide planning goals and state law. • Goal 1, Citizen Involvement; see Section 2. • Goal 2, Land Use Planning, is met because ORS 197.610 allows local governments to initiate post acknowledgments plan amendments (PAPA). An Oregon Land Conservation and Development Department 45-day notice was PAGE 53 OF 60 -EXHIBIT "C" TO ORDINANCE 2011-017 This page contains no comments initiated on June 23 , 2011 8 3 This FINDI NGS document provides the adequate fa ctual basis and documented analysis for this plan update. Furthermore , OAR 660­ 009-0030 (Multi-jurisdiction Coordination), and 1000 Friends of Oregon v. City of Dundee, 203 Or App 207 (2005 ) require Deschutes County to locally adopt the REOA as part of the comprehensive plan in order for local governments in the county to base land use decisions upon it. • Goal 3, Agricultural Lands and Goal 4, Forest Lands, is not applicable because the County is adopting a techn ical document and several regional coordination and large-lot industrial land poliCies into its Comprehensive Plan . No plan designation changes , zoning map changes , development or land use changes are being proposed on agricultural or forest lands . • GoalS, Natural Resources, Scenic and Historic Areas, and Open Spaces, is not applicable because the County is adopting a technical document and several regional coordination and large-lot industrial lands pol icies. No development or land use changes are be ing proposed on or near inventoried Goal 5 resource lands. • Goal 6, Air, Water and Land Resources Quality, is not applicable because the County is adopting a technical document and severa l regional coordination and large-lot industrial land policies into its Comprehensive Plan. No development or land use changes are being proposed that impact air, water and land resource qualities . • Goal 7, Natural Hazards, is not applicable because the County is adopting a technical document and several regional coordination and large-lot industrial land policies into its Comprehensive Plan . No development or land use changes are being proposed that impact natural hazards . • Goal 8 , Recreational Needs, is not applicable because the County is adopting a technical document and several regional coordination and large-lot industrial land policies into its Comprehensive Plan. No development or land use changes are being proposed on recreational resources . • Goal 9, Economic Development, is applicable because in coordination with its regional partners, Deschutes County has prepared a regional evaluation of the economic opportun ities and constraints associated with users of large industrial parcels in the Central Oregon . This approach recognizes the market reality that Central Oregon currently serves as an integrated economic unit. Goal 9 specifies that Comprehensive Plans for urban areas shall: 1. Include an analysis of the community's economic patterns, potentialities, strengths, and deficiencies as they relate to state and national trends ; 83 Des chutes County comp leted period re v iew on Ja nuary 23, 2D0 3. PAGE 54 OF 60 - EXHIBIT 'C' TO ORDINANCE 2011-017 This page contains no comments Findings: This requirement has already been addressed. See the findings addressing ORS 197.712(1) above on page 23 . 2. Contain policies concerning the economic development opportunities in the community Finding: This requirement has already been addressed. See the findings addressing ORS 197. 712(2)(b) above on page 23. 3. Provide for at least an adequate supply of sites of suitable sizes, types, locations, and service levels for a variety of industrial and commercial uses consistent with plan policies; Finding: This requirement has already been addressed. See the findings addressing ORS 197.712(2)(c) above on page 24. 4. Limit uses on or near sites zoned for specific industrial and commercial uses to those which are compatible with proposed uses Finding : This requirement has already been addressed . See the findings addressing ORS 197 .712(2)(d) above on page 26. Goal 9 Planning Guidelines specify : 1. A principal detenninant in planning for major industrial and commercial developments should be the comparative advantage of the region within which the developments would be located. Comparative advantage industries are those economic activities which represent the most efficient use of resources , relative to other geographic areas. Finding: The REOA documents large-lot trends and dynamics, importance of large­ lot supply and market choice. and target industry opportunities in Central Oregon . As discussed above, Economic Development for Central Oregon in participation with local leaders , has gone through the lengthy process of identifying specific industry sectors for business recruitment, retention, and entrepreneurial support . 2. The economic development projections and the comprehensive plan which is drawn from the projections should take into account the availability of the necessary natural resources to support the expanded industrial development and associated populations. The plan should also take into account the social, environmental, energy, and economic impacts upon the resident population. Finding: Deschutes County is fulfilling its coordination responsibilities by collaborating with the Cities of Bend, La Pine , Redmond, and Sisters, as well as Jefferson and Crook Counties by responding to a specific employment land need identified in a REOA for large-lot industrial sites in Central Oregon. Participating PAGE 55 OF 60 -EXHIBIT"C-TO ORDINANCE 2011 -017 This page contains no comments cities will need to address this guideline when they conduct their alternative land and public facilities analyses and inventory of employment lands when examining if the short-term regional need can be met inside their respective UGBs. Deschutes County complies with this guideline that underscores the importance of available natural resources to support expanded industrial development by adopting the following policy : Participating cities , when examining candidate sites, shall conduct their alternative land and public facilities analyses and inventory of employment lands by first examining if the short-term regional need can be met inside the implementing city's UGB, before assessing lands adjacent to it as required by state law. Cites are not required to evaluate inventories throughout the region because the adopted county plan has limited supply and specified site dispersal as specified by the regional EOA . 3. Plans should designate the type and level of public facilities and services appropriate to support the degree of economic development being proposed. Finding: This requirement has already been addressed . See the findings addressing OAR 660-009-0020(1 )(c) above on page 40. 4. Plans should strongly emphasize the expansion of and increased productivity from existing industries and firms as a means to strengthen local and regional economic development. Finding: Deschutes County is choosing targeted basic industries with large-lot industrial needs to support the region's economic development objectives. While many locally based service-sector businesses are an essential part of a region 's business mix and quality of life, they are not as effective in creating new living wage jobs. Since 2002 , wage levels in Central Oregon have averaged a 3.2% annual rate of growth, comparatively better than a 2.8% annual growth rate at the State level. However, Deschutes County's average 2009 wage level of $35,295 was well below the statewide average. Lower relative wage rates coupled with housing affordability concerns can limit the region's ability to attract a high quality workforce to the region . The REOA does not diminish the importance of small, start-up firms. What it does do is note that these firms represent only a portion of the spectrum of firms, and a balanced economic development program would provide for these types of firms as well as larger industrial firms. The two categories are complimentary, not competitive. Efforts to help existing companies (large and small) to grow or sustain their employment have been in place for more than a decade . Efforts to help start­ ups and early stage companies are also SOlidly established. Economic Development for Central Oregon understands that most jobs come from existing companies, which is why it dedicates more than 50% of its efforts to fostering entrepreneurship and the retention/expansion of existing traded-sector companies. PAGE 56 OF 60 -EXHIBIT 'C" TO ORDINANCE 20' '-017 This page contains no comments 5. Plans directed toward diversification and improvement of the economy of the planning area should consider as a major determinant, the carrying capacity of the air, land and water resources of the planning area. The land conservation and development actions provided for by such plans should not exceed the carrying capacity of such resources. Finding: This is a carrying capacity issue and not a coordination one. The air. land and water resource carrying capacity of the region will be accounted for, managed and maintained during the identification and development of regional large-lot industrial sites. This will be achieved through individual jurisdictions applying their Comprehensive Plan policies and development code regulationslstandards to evaluate and regulate large -lot development proposals and through applicat ion of development regulations and guidance found in the (required to be adopted) large­ lot industrial overlay zone . Deschutes County is fulfilling its coordination responsibilities by collaborating with the cities of Bend , La Pine, Redmond, and Sisters, as well as Jefferson and Crook Counties by responding to a speCific employment need identified in a REOA for large-lot industrial sites in Central Oregon. Participating cities will need to address this guideline, which is also cited in Goal 6 , when they conduct their alternative land and public facilities analyses and inventory of employment lands when examining if the short-term regional need can be met inside their respective UGBs. • Goal 10, Housing is not applicable because, unlike municipalities, unincorporated areas are not obligated to fulfill certain housing requirements. • Goal 11, Public Facilities is not applicable because the County is adopting a technical document and several regional coordination and large-lot industrial land policies into its Comprehensive Plan . No development or land use changes are being proposed that impact public facilities. • Goal 12, Transportation, is not applicable because the County is adopting a technical document and several regional coordination and large-lot industrial land policies into its Comprehensive Plan . No development or land use changes are being proposed that impact local or state transportation facilities. • Goal 13, Energy Conservation, is not applicable because the County is adopting a technical document and several regional coordination and large-lot industrial land policies into its Comprehensive Plan . No development or land use changes are being proposed that warrant energy conservation Goal 14, Urbanization, is met because developing and maintaining a supply of large readily available industrial sites is not currently part of regional economic development efforts, therefore the region's jurisdictions have developed Goal 9 compliance based on projected growth , and the attraction of a large industrial user that is recognized as an exogenous impact to these projections. The exogenous need for large-lot industrial sites in Central Oregon is an additional component of a PAGE 57 OF 60 -EXHIBIT "C" TO ORDINANCE 2011-017 This page contains no comments No of urban areas is one Deschutes County's cities to conduct altemative land employment land consistent with OAR 24: to comply with state land use de~;igrlati()ns or a UGB, dp.llen'nir,p. whether a local exists, requirements when conducting a local shall conduct their of employment met inside the by • Goals 15 19 are not applicable to amendments to the County's because the county has none those types of lands, Section • Deschutes County Comprehensive Plan • Urbanization Chapter This amendment is consistent with the Comprehensive Plan, DCC 23.48, rbanization and Policies as shown in Ordinance 2011-017, Exhibit A. This amendment fulfills the fourth urbanization goal, by factual basis large-lot sites in Central Oregon intergovemmental cocmeration, • Economy Chapter This plan amendment is consistent with the Plan, DCC 23,52, Goals and Policies as shown in Ordinance 1-017, Exhibit B, These findings thai there of large-lot industrial sites in Central Providing for this will diversify and improve the economy of area and enhance segments of the local econol Goals 1 and 2, This ellort will increase opportunities rnrouanoUi and help plans and programs a tri-county region lands with Policies 3.a, Section Comprehensive Plan Update Comprehensive Plan on August 10, 2011, The November 9, 2011 PAGE 58 OF 60 EXHIBIT 'C" TO ORDINANCE 2011-017 page no • Urbanization Chapter Finding: This plan amendment is consistent with the Comprehensive Plan , Section 4.2, Urbanization, Urbanization Goals and Policies as shown in Ordinance 2011-017, Exhibit C. This amendment specifically fulfills the County's first and second urbanization goals , by providing a factual basis for urbanizing large-lot industrial sites in Centrat Oregon and fostering intergovernmental cooperation. Section (8) -Planning Commission Recommendation On August 25, 2011 the Planning Commission closed the public hearing and recommended that the Board of County Commissioners adopt the REOA and large-lot industrial land pOlicies into Deschutes County's Comprehensive Plan . The Planning Commission's also directed staff to determine how to incorporate a refinement to page 26 of the REOA. As background , the REOA cites strengths and weaknesses of each municipality in the tn-county area. These profiles were derived from a June 2010 Central Oregon Industrial Lands Forum. There's a footnote acknowledging this point in the REOA on page 25. Stakeholders from La Pine wanted La Pine's strengths and weaknesses to reflect new information as italicized below. The Board finds that the revised listing is appropriate and should be incorporated as part of this plan amendment. LA PINE (DESCHUTES COUNTY) La Pine is Oregon's newest City, incorporated in December 2006. La Pine has a state certified shovel ready site and is weI/-suited for the REOA short term plan . Past challenges with the water and sewer districts have been resolved by mutual agreement between the La Pine Water and Sewer Districts and the Cfty of La Pine. Str e ngths/Advantages Challenges/DIsadva n tages Stote 0/ O~gon Cett!fkd Shovel -rea dy So. acre 'ndust,"" site a vailable and proximale torol/ Neighboring small and medium sites ava ila ble j or a va riety of options The mast /avorable eleclric ra tes In Ce ntral Oregan More than adequate water a nd sewer capoclty f or ne w In duflry A new /lexlble kmd use code and s upportive c/O' leaders The cou nty Is In control 0/ so me indu strial sIte, fnlerprl.elane, far taN ,elle//or new or ""Ponded Indu.try PAGE 59 OF 60 -EXHIBIT -C-TO ORDINANCE 2011 -017 Sewer and wale, dlstric" -In Irons/tlon to the a t y. To be ob,orbed by the City eariy to mid-lOU Tr an sportatIon ch allenges; TSP to be completed by mid-lOll City codes adopted ond scheduled to be Implemented early 2012 N~ed large "keysto ne" employer This page contains no comments This page contains no comments St rengths/ Advantages Challenges/Dlsadvofltoges Lo Pine Is well connected to 3 mojor .collOmlc hubs· Central Oregon, Eugene and Klamath Counly. Convenient ly IMated near Highway 97 and Highway 31 . Highway 58 I. 27 mile. t o the south and Is a direct route to 1·5 and Eugene . BNSf roll m a jn/ine rhru indus trial po rk. Neor passenger ro ll lin e. "Besr RoJl ln dunria / site ;n Central Oregon. 'I Low ho.mng costs. Riverfront homes, ranche., and community nei ghborhood> are oval/able. La Pine hos a lorge lobar pool 0/ skilled labor ond dj'lle rse population with ~xte ns fllt! work eKpnlence as Indicated b y la rge am oun t of commuters u avellr'lg north. Hub 0/Central Oregon'. yeor·round ourdoor reaeat/on paradise. Ga1.ewoy 10 Cascade Lair .. Notional Scenic Byway, Newberry Notional Volcanic Monument and Not/anal Oregon Outback Scenic Byway •• Staff updated Exhibit A, DCC 23.48.050. Regional Economic Opportunity Policies as follows : 3. The Central Oregon Large Lot Industriat Reg ional Economic Opportunity Analysis (REOA) dated May 31, 2011 and the City of La Pine Strengths and Weaknesses outlined on Pages 59 and 60 of Exhibit C to Ordinance 2011·017 are incorporated and adopted by reference herein. Attachment: Regional Economic Opportunity Analysis PAGE 60 OF 60 -EXHIBIT · C" TO ORDINANCE 2011 ·017 ATTACHMENT 7 ~WORKSOURCE ~~~~~~ Quality Information, Informed Choices lLa 0 arrk 0 State of Oregon. Employment Department. 875 Union NE, Salem, OR 97311 • www.Qualitylnfo.org June 2011 Contact Information: Charlie Johnson (503) 947-1268 Charl ie .B.Johnson@state.or .us Forecasting a Long-Term Trend Historical Analysis of the Oregon Employment Department's 10-year Industry Employment Projections Every other year, the Oregon Employment Department undertakes the task of projecting indu~try and occupational employment 10 years into the future. These employment projections are developed with several goals in mind. They are not calculated to pinpoint precise employment levels 10 years down the road, but rather to point students, job seekers, career changers, counselors, planners, policy makers, business leaders, and others in the right direction when making career planning decisions. The Qepartment is continuously working to improve its method; but, no matter how much techn'ology is used or how many experts pool their skills in analyzing and finalizing the data , no one qan predict the future with precision. While we develop projections for a precise time period, we are really looking at the long -term trend. In other words, we are attempting to predi€t where the economy will be in the long run -we are not trying to predict fluctuations in the blilsiness cycle. We do not know, for instance, if we will be at a high point or a low point of the business cycle at the end of the projections period. Again, we don't expect to hit the exact level Of employment 10 years in the future, but to determine overall trends that can be used for career planning . In developing our 10-year employment projections , we use three primary sources of infor ~ation: 1. Historical employment trends 2. The Oregon Economic and Revenue Forecast, produced by the Office of Economic Analysis 3 . A network of economists and regional experts from across the state These. sources incorporate both the historical and current context of Oregon 's economic health and g~owth, and our network of economists consider recent announcements from industry officials regarding future growth trends. Our analysis attempts to identify any specific instances of busjness openings , closures, expansions, or contractions which are known or predicted ; and we develop a general employment growth rate for each industry to capture employment change that occurs due to general economic activity such as increases or decreases in dema ~d and relocation of firms and workers. 1 Analysis of Past Projections Historical records show that in 1996 the Oregon Employment Department's published 10-year employment projection estimated that total nonfarm jobs in Oregon would equal 1,778,200 by the year 2006. In actuality there were 1,703,500 jobs in Oregon in 2006, a difference of 74,700 fewer jobs, or 4.4 percent less than predicted. The Department's published industry employment projections from the years 1998 and 2000 were 7.3 and 12.7 percent too high, respectively, compared to what actually occurred throughout the remainder of each 10-year period. However, the difference between the 2010 employment level that was predicted in 2000 and the current linear employment trend is much smaller primarily because Oregon's current employment level is significantly lower than the linear trend of the past 20 years. Graph 1 shows the linear employment growth trend forecasted by the Oregon Employment Department every other year since 1996, along with the actual employment level, and the actual linear employment trend. Every year that the actual employment level is below the linear employment trend, the linear trend comes down. Oregon's most recent employment forecast from the Office of Economic Analysis indicates that Oregon's employment level will take many years to recover from the most recent recession, implying that the linear employment level shown here by the dashed line will move lower over the next decade. It appears likely that most of the employment projections published since 1996 will have overestimated the actual employment growth of each 1 O-year period. History of the Oregon Employment Department's 10-Year Employment Projections 2,000,000 1,900,000 1,800,000 1,700,000 In .0 ~ 1,600,000 E L­eu'i: 1,500,000 o zS 1,400,000 {!. 1,300,000 1,200,000 1,100,000 1,000,000 1990 1994 1998 2002 2006 2010 2014 2018 Source: Oregon Employment Depattmenl -Actual Employment f-----~'--------------_l -­1996·2006 (21%) -1998 -2008 (18%) f----,.r---------­------I -­2000 -2010 (12%) -2002·2012 (14%) I-­--­-------­------j -­2004·2014 (15%) -2006 -2016 (14%) r---------­---------j -2008· 2018 (9%) - --linear (Actual Employment) Graph 1 2 Oregon Live. com EveryttJing Oregon Data fenters storm into Hillsboro, bringing big investment (but not many jobs) Published: Saturday, October 22, 2011, 6:31 AM Mike Rogoway, The Oregonian By Data centers, already proliferating across central and eastern Oregon, have suddenly charged across the Cascades and into the Portland metro area. Three separate companies announced projects in Hillsboro this past week. They're coming for "enterprise zone" tax exemptions on their pricey equipment, for relatively cheap electricity I for Oregon's mild climate and for a reliable local power and communications grid that's a legacy of the Washingtdn County chip industry. Image courtesy Fortune Data Centers Fortune Data Centers plans to open a 250,OOO-square-foot data center in Etec Systems' former Hillsboro manufacturing center. The new facilities' backers will spend hundreds of millions of dollars in the coming months to build and outfit the centers. They won't hire a lot of workers, though. Computers do the heavy lifting inside data centers, which generally require no more than a few dozen people to monitor the systems. State and city economic development officials say they haven't actively courted data centers for Hillsboro. And city leaders acknowledge data centers weren't what they had in mind when they broadened enterprise zones in the city last year to offer property tax exemptions on more idle proper~y. (All three of the projects are in enterprise zones; two are in areas included in last year's expansion.) Yet they're encouraged by any development on properties that have sat idle despite years, at a time when very few other industries are growing. Hillsboro's new data centers Adobe Systems Project size: 75,000 square feet on 11 acres Energy use: Undisclosed lobs: "We don't expect there will be a high number of Adobe jobs created "We're certainly not going to turn them down," said Hillsboro economic development director John Southgate. "It's great to have their investment." Data centers are the brains behind the Internet, storing huge volumes of corporate and personal information and increasingly doing sophisticated data processing, too. It's a rapidly growing industry, driven by easy network access and by mobile computing . Smartphones are in constant communication with data centers for access to information and to tap computing power that pocket-sized devices can't handle . On Tuesday, Intel said its sales to data centers have climbed 15 percent in the past year, contributing to the chipmaker's unexpectedly strong quarterly results . Oregon 's relatively low power costs, its cool air (data center computers run hot, and the facilities must be chilled to keep from overheating) and Oregon's tax breaks make the state an attractive home for data centers. Google led the march into Oregon when it built its first big corporate center at The Port of The Dalles five years ago. Facebook opened its first corporate data center in Prineville last spring, and is already expanding. Amazon just turned on a long-delayed facility near Boardman . Other big companies are contemplating data centers in the eastern half of the state, too, but strained power networks into rural communities may limit future growth. locally." Timeline : Construction sta rts next year. Digital Realty Trust (NetApp) Project size: 55,000 square feet on 5.1 acres Energy use: 4.5 megawatts Jobs: Undisclosed Timeline: First phase scheduled for completion in August 2012 Fortune Data Centers Project size: 240,000 square feet on 15 acres Energy use: 7.8 megawatts Jobs: 20-40 Timeline: First phase will open by summer 2012 Hillsboro has no such problems, with a robust grid built for energy-intensive technology manufacturing. Last Monday, a company called Digital Realty Trust said it will build a data center on 5.1 acres in Hillsboro for data management company NetApp. The Portland Business Journal reported Friday that Adobe Systems --which provides much of its software to clients over the Internet --also plans a Hillsboro data center. Construction starts next year on a 75,000-square-foot facility on 11 acres. Also Friday, Fortune Data Centers, a Silicon Valley company that operates wholesale data centers, sa i d it will turn the old Etec Systems building in Hillsboro into a 240,000 square-foot data center. Hillsboro valued the project at $80 million initially. When it opens next year, Fortune will employ 20 to 40 people at its new data center in an old chip factory built to hold 250 workers . Fortune's clients will add additional jobs to monitor equipment within the building, and it has the potential to add a second building on the site. But it still won 't approach the number that might have worked there had a chip manufacturer reopened it. The trou 91e is, chip manufacturers weren't lining up. Much of that industry has moved abroad; Oregon electronics manufactwing employment shed more than 14,000 jobs --a quarter of its total --in the past decade. Fortune was ready to go, by comparison, and has 100 construction workers already on site working to adapt the old factory. "What's the alternative? Right now, there isn 't one," said Matt Mochary, head of Fortune Development Group, Fortune's pata center development arm, which spent a year scouting properties for its second big data center (its first is in San Jose. "We looked throughout the Northwest because the power is cheap and the air is cool and dry," Mochary said. The company settled on Oregon because its tax e x emptions were clearly defined and readily available, he said. Washington, by comparison, allowed a sales tax exemption on data center projects to expire earlier this year. Big corpor~tions such as Google and Facebook choose rural areas to maximize their cost savings by selecting areas with cheap land and cheap power. But Mochary said that wholesale data centers prefer to be closer to cities, so their clients ha )e easier access to the facility . And, he said, the cost difference between rural and suburban areas isn't that great. Data centers aren 't brand new in the metro area . Intel opened a 70,000 square foot facility in Hillsboro five years ago, and many large organizations and small Internet companies such as EasyStreet Online have their own facilities . Still, the announcement of three data centers from out-of-state companies in one month illustrates how fast the industry is growing. Tom Hughes, Metro Council president and former mayor of Hillsboro, notes that even with property tax exemptions, energy-intensive data centers generate high franchise fees from their electricity consumption. "All of the sudden they do become something of a revenue source," he said . The new da~a centers are all in industrial zones pre-approved for tax breaks. Hillsboro couldn 't block the projects even if it wanted to, according to Southgate, the economic development manager. Still, he saiq, Hillsboro w i ll monitor the situation to ensure they don't consumer too much industrial land and leave the city without enough land for job growth. Potentially, he said, the city could raise the jobs threshold for future projects to qualify for enterprise zone exemptions. "If we find we 're getting a lot more serious interest and a lot of it's likely to be committed to this kind of use, I think it'd be a fair policy conversation we would have," Southgate said. "Three does not a crisis make ." --Mike Rogoway; twitter: @rogoway; phone: 503-294-7699 © 2011 OregonLive.com . All rights reserved. r .... CITY OF REDMOND 716 SW Evergreen Avenue Redmond, OR 97756 (541) 923-7721 Fax: (541) 548-0706 www.c i.redmond.or.u s Oct0ber 31, 2011 I RE: Deschutes County Post-Acknowledgement Plan Amendment 004-001 To: Deschutes County Board of County Commissioners Please accept this letter as the Redmond City Council's support for the County's proposal to amend its Comprehensive Plan by adopting the Regional Economic Opportunity Analysis (REOA) and large-lot industrial policies for Central Oregon. For the past year, staff from the City of Redmond has been participating on the Regional Advisory Committee for this effort. Thi effort to bring large lot industrial sites into the regional land supply inventory is just one tool in the toolkit for our local economic development efforts, and is one that we feel would benefit both the region and the state . lThee has been some recent misleading infonnation that this REOA is meant to produce a regional eco.p.omic development "strategy" and that in its current fonn it is too focused on large industrial lot land supply. However any "Economic Opportunity Analysis", local or regional, is an analysis of land supply and need and is not meant to be an economic development strategy. The economic opportunity analysis is a land-supply tool to help implement the economic development strategy. Our understanding from the beginning of this Central Oregon REOA project is that it was simply an analysis of need and supply for large industrial lots. As you know, most communities in Central Oregon are engaged in developing and implementing economic development strategies. In Redmond, the Redmond Development Commission, a city­ appb inted commission has been working on an Redmond Economic Development strategy for the past two years. It is in a final draft form . This economic development strategy is multi-faceted, addressing the needs of start-up businesses and expanding businesses, both small and large. One of the draft actibns of this plan is to support the Central Oregon REOA. Redmond currently employs many programs to help support small business development and expansion. Ho «,ever one of the tools that is missing from our toolkit is the availability of large industrial lots for potbntial larger users that could be considering relocation to our region. This Central Oregon REOA will provide that tool for Central Oregon and we appreciate Deschutes County's leadership and efforts I in this regard. Economic development and job creation is crucial for our region. And Central Oregon is in the unique position of being able to respond to both the regional and state-wide need for large industrial lots through this effort. For Oregon to be competitive on a regional, national and global scale for large employment projects, it needs a reliable supply of large lot high value employment sites to attract investment and create jobs for Oregonians. Central Oregon can respond to this need due to its large expanses of publicly held land that is not currently productive, is contained either within urban growth boundaries or contiguous to existing urban growth boundaries and can be reasonably be served by infrastructure. Additionally, Central Oregon has a proven history of successful regional cooperation, and the REOA offers an effective way to identify suitable large lot industrial sites regionally. At its August 9,2011 regularly scheduled City Council meeting, the Redmond City Council took official action to support this effort. Yours sincerely, Heather Richards, Community Development Director -.' 710 NW WALl-STREET PO Box 431 BEND, OR 97701 [541] 388 -~505 TEL [541]385-6676 FAX WWW .CI.BEND .OR.US JEFF EAGER Mayor JODIE BARRA M Mayor Pro Tem TOM GREENE City Councilor KATHIE EC KMAN City Councilor I JI CLINTON City ouncilor MARl< CAPELL City Councilor S COnRAMSAY City Councilor ERIC KING City Manager October 31 , 2011 Deschutes County Commission 1300 NW Wall Street Bend, OR 97701 Subject: Regional Economic Opportunities Analysis Dear Commissioners, Please accept this letter in support of adoption of the Regional Economic Opportunities Analysis (REOA). The REOA work has been a case study in the benefits of regional cooperation and planning. The City of Bend applauds the efforts of the team to improve the current system of calculating employment based land needs as it is obsolete in the face of the new economy. First, the current system requires city-specific calculations, limiting central Oregon's ability to be a truly competitive region for industrial recruitment. By recognizing and planning for the region 's employment land needs, the region can provide a critical mass of lands that will be protected for such uses . This increases the region's competitiveness as there will be land for new businesses as well as land for existing businesses that need to expand. Further, the current prescriptive system of estimating employment land needs based on local population growth and forecasts does not adequately account for exogenous demand. The REOA is an innovation to our land use system that will assure a short term supply of serviceable and adaptable large lot employment lands by accommodating land needs not contemplated through the prescriptive method. Yes, we have a regional economy that has grown from within, yet new players in the local economy have and will continue to provide employment opportunities within central Oregon. The REOA accounts for such relocations . The focus on short term availability of employment based lands with the replenishment system is one of the key features of the REOA. As Jerry Johnson, the economic consultant for this project notes, "From an economic perspective, short-term availability of a range of appropriate sites is what is critical." However, the longer 20-year planning period as mandated by state law is also accommodated through the replenishment mechanism. This is a very real improvement to the Goal 9 rule and will aid regions throughout Oregon in establishing competitive supplies of employment lands desired in our increasingly global economy. As central Oregon has repeatedly 1 experienced, without the necessary supply of large lot industrial lands, site selectors will continue to focus on other areas to locate business. The City of Bend fully supports the REOA and the changes to the state's land use planning system that will result. This plan was built through the cooperation of the counties, cities, regional entities, private business, 1000 Friends, OLCO, OSL, EOCO and others. It is a document and concept that has been fully vetted by the best land use and economic development minds in our area and the state. It is an idea whose time has come for central Oregon and the state as a whole. The City of Bend fully supports the REOA. Please vote to approve this regionally developed, innovation to Statewide Planning Goal 9. Sincerely, £:ng Q City Manager 2 I Department of State Lands 775 Summer Street NE, Suite 100 Salem, O R 97301-1279 (503) 986-5200 FAX (503) 378-4844 www.oregonstate la nds.us October 31 , 2011 State Land Board Deschutes County adoption of the Central Oregon REOA and Plan and Code Jo hn A. Ki tzhabe r, MDUPr ates G ove rnor The Oregon Department of State Lands (DSL), as a Central Oregon property ower and active participant in the Central Oregon Regional Economic Ka te BrownOp~ortunities Analysis (REOA) for Large Lot Indust ri al sites , supports Secreta ry of S ta te De $chutes County's efforts to adopt the REOA and corresponding Code and Plan amendments . Through the REOA process and now through proposed Ted Whe e ler ad 9 ption of the REOA and Plan/Code amendments , Desch utes County has Sta te Tre as ur e r emerged a leader in new, innovative regional economic planning efforts in Ce tral Oregon and statewide . orl gon 's planning process and rules to avail new lands for employment opportunities and ecq nomic development was inten tionally modified and expanded to encourage assessment of employment land needs at a regional level. Oregon Admi nistrative Rule (OAR) 660-009-0015 (1) now reads : "Cities and counties are strongly encouraged to analyze trends and establish employment projections in a geographic area larger than the planning area and to determ ine the pe ~centage of employment growth reasonab ly expected to be captured for the planning area based on the assessment of community economic development potential pursuant to section (4) I of this rule." It is well established that Central Oregon is a very desirable area to vacation , to live I and to establish and grow a business . The problem that the REOA aspires to resolve is to break fre ~ from restrictive historic trends (and outdated land needs assessment formulae) to employ net tools to create a dynamic and competitive large lot industrial land supply portfolio and inv ntory that appeals to industrial site selectors. Empowered by a DLCD technical assistance grant , Deschutes County hired a top-notch ecd nomic development consultant team who, along with regional planners, economic development specialists and state agency representatives, identified and articulated a strategy and process to create a regional large lot industrial land supply that enables Central Oregon to be rcompetitive reg ion for industrial recruitment. This collaborative REOA process directs the 3-county region to coordinate as a s ingle entity promoting those candidate large lot industrial i employment sites that best serve the region as a whole to create family wage jobs, regional ecd nomic diversification and to put Central Oregon on the map for regional, national and international industrial recruitment. Currently Central Oregon has a shortage of large vacant industrial sites and is rarely a serious competitor for industrial recruitment due to this scarcity. Regional adoption and implementation of the REOA is identified by established experts as the roadmap to resolve this land supply shortage and improve the regional economy and employment opportunities. The REOA has successfully employed the revised OAR procedure as envisioned and intended by the proponents who are aware that the historic land need assessment tools from the past century no longer optimally apply in today's global economy. Industries cannot wait for uncertain UGB expansions, annexations, and infrastructure plan updates and construction schedules. Successful industries are real-time, nimble and responsive to changes in the competitive business and manufacturing environment. Successful industrial recruitment regions offer a diverse, versatile and competitive large lot industrial site inventory. Adoption and implementation of the REOA and corresponding Plan and Code changes sends a message that Central Oregon jurisdictions are ready for business. Doug Parker, DSL Asset Planner. Peter Gutowsky From: La Pine Industrial Group <Iapineig@uci.net> Sent: Thursday, October 27, 2011 4:29 PM To: Peter Gutowsky Subject: Re: La Pine Prospect Peter: I just returned from a three-day business trip to northern Idaho and did not have a chance to provide the information about the La Pine Industrial Park before I left. I donlt know if you can still use it but here it is: We have had several companies look at our certified 77-acre site in La Pine but the most active prospect was the Ferguson Corporation out of Virginia. They were looking for a site for a Northwest distribution center for their product line of bathroom and other plumbing fixtures. They wanted a site that would accommodate an initial 500,000 sq. ft. of buildings and would be expandable to 1,000,000 sq. ft. Initial employment was to be 200 workers, expanding to 400 in the second phase. There was also a requirement for a rail spur with extensive on­ site trackage to move products in and out. They were not sure our site was large enough so Midstate Electric Cooperative developed a site plan to show that it could meet their specifications. Unfortunately, the company decided to locate in Richland, Washington. Richland offered the company a larger site for $7,000 per acre fully developed. We could not match that. By the way, the company was a State OECDD prospect and they brought the Ferguson site selectors on the tour of Central Oregon properties. Lee Smith General Manager 541-536-9042 Office Phone 541-410-0886 Cell Phone 1