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Home My WebLink AboutOrder 021 - La Pine Elementary Land Use AppsDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of March 5, 2008 Use "tab" to move between fields, and use as much space as necessary within each field. Do not leave any fields incomplete. Agenda requests & backup must be submitted to the Board Secretary no later than noon of the Wednesday prior to the meeting to be included on the agenda. DATE: February 26, 2008 TO: Deschutes County Board of Commissioners FROM: Sharon R. Smith, Legal Counsel for Bend -La Pine Schools TITLE OF AGENDA ITEM: Consideration to authorize Teresa Rozic, Property Specialist or Dave Kanner, County Administrator to sign land use applications for the new elementary school site in La Pine. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: None FISCAL IMPLICATIONS: None RECOMMENDATION & ACTION REQUESTED: Approval ATTENDANCE: Sharon R. Smith or Helen L. Eastwood Catherine Morrow or Dee Van Donselaar DISTRIBUTION OF DOCUMENTS: Sharon R. Smith Bryant Lovlien & Jarvis, PC P.O. Box 880 Bend, Oregon 97709 Catherine Morrow Deschutes County 117 NW Lafayette Ave Bend, Oregon 97702 MEMORANDUM To: Deschutes County Board of Commissioners From: Sharon Smith, Legal Counsel for Bend -La Pine Schools Date: February 26, 2008 Re: Agenda Request to Authorize Teresa Rozic or Dave Kanner to Sign Land Use Applications The Bend -La Pine Schools (the "District") and the Deschutes County Planning Staff ("Planning Staff') are working together to facilitate the 2009 opening of a new 300 student La Pine Elementary School. The County owns property in the Neighborhood Planning Area. The Comprehensive Plan has identified a school site for sale to the District. The school site cannot be transferred to the District until the school site is created through a partition. In order to facilitate a 2009 opening, the District and Planning Staff propose to process the following land use applications contemporaneously: 1. Partition Application: The Partition Application will create a separate 15 acre parcel of land. Once the partition is complete, the County will convey the property to the District pursuant to the provision of the Comprehensive Plan: "the County shall coordinate with the Bend La Pine School District to dedicate land in the Community Facility Limited District that is suitable for a school site at a cost that reflects the pro rata share of land purchase and infrastructure development." Chapter 23.40.020 (F)(1)(w). The District and County Counsel are working on the IGA for the property conveyance. 2. Quadrant Plan: The District will develop the 4a Quadrant Plan. 3. Site Plan Application: The District will submit a site plan for a 300 student elementary school, based on the prototypical design used for Elk Meadow, Pine Ridge, High Lakes and others. Exhibits: 1) MOU Between County and District 2) Current zoning map for La Pine 3) Proposed location of school 13-1068 307(v3).doc MEMORANDUM OF UNDERSTANDING Between THE BOARD OF COUNTY COMMISSIONERS, DESCHUTES COUNTY, OREGON And THE BEND -LA PINE PUBLIC SCHOOLS Related to Continued Cooperation to Implement the Goals of the Regional Problem Solving Project for Deschutes County I. PURPOSE This Memorandum of Understanding (MOU) is between Deschutes County, a political subdivision of the State of Oregon, through the Deschutes County Community Development Department, hereinafter referred to as "the County", and the Bend La Pine Public Schools, hereinafter referred to as "The District". It establishes standards of cooperation for implementing chosen solutions of the County's Regional Problem Solving Project. Oregon's Regional Problem Solving statute, ORS 197.650, requires assurance that "goals that are the subject of the collaborative regional problem solving process" are achieved. II. BACKGROUND The Oregon State Legislature authorized the Regional Problem Solving Project (RPS Project) and assigned the Oregon Department of Land Conservation and Development to administer the program. By statute, the Project required the collaboration of all local, state and federal agencies involved in the study area to identify and resolve significant land use problems. The District was an active stakeholder in this Project and participated in identifying solutions to resolve problems. Thousands of lots were platted in the RPS project area prior to Oregon's land use laws. As development continues, there are impacts to groundwater that may become polluted, to wetlands, riparian areas, wildlife habitats and migration corridors, and to increased wildfire hazards. The favored solution to reduce density is to purchase and develop a parcel of 518 acres between La Pine and Wickiup Junction. This property has favorable access, existing utilities and infrastructure. Agency stakeholders participated in the preparation of alternative solutions to problems. The County and stakeholders concurred on the goal of exploring a new neighborhood as a receiving area for development rights as a means to reduce development in more sensitive areas where infrastructure does not exist. The property for this neighborhood has Highway 97 at its eastern boundary, and the neighborhood's development over 20 years may accelerate the need for the development of additional schools. Implementation of the new neighborhood meets the following Quality Development Objectives established by Executive Order 97-22. These Objectives are to be used in combination with state Memorandum of Understanding Bend -La Pine Public Schools Regional Problem Solving Goals 1 • and local partnership principles and Local development objectives to help build healthy and diverse communities and regions throughout Oregon: • Give priority to a quality mix of development that addresses the economic and community goals of a community and a region. • Encourage mixed use, energy efficient development designed to encourage walking, biking and transit use (where transit is available). • Support development that is compatible with a community's ability to provide adequate public facilities and services. • Facilitate development that is compatible with community and regional environmental concerns and available natural resources (e.g. available water, air quality, etc.) • Support development that provides for a balance of jobs and affordable housing within a community to reduce the need to commute long distances between home and work, thereby minimizing personal commuting costs as well as the public and societal costs of expanding the transportation infrastructure. III. AGREEMENT In consideration of the mutual promises and covenants contained herein, the parties agree as follows: Sul, D. General Provisions: 1. Effective Date. This MOU is effective as of the last date shown below. • 2. Modifications. Modifications within the scope of this MOU shall be made by mutual consent of both parities, by the issuance of a written modification, signed and dated by both parties prior to any changes being performed. 3. Renewal. This MOU shall automatically renew each July I, unless otherwise terminated. 4. Termination. Either party, in writing, may terminate this MOU, in whole or in part. Memorandum of Understanding Bend -La Pine Public Schools Regional Problem Solving Goals 2 5. Entire Agreement. The representations made in this MOU constitute the entire agreement. No prior or contemporaneous negotiations, understandings, or agreement shall be valid unless in writing and signed by authorized representatives of each party. IV. SIGNATURES For the Bend La Pine Public Schools: DATED this 27 /day of 2000. For Deschutes County: DATED thi ATTEST: Recording Secretary Memorandum of Understanding Bend -La Pine Public Schools Regional Problem Solving Goals id Joh s�� . Re o tor of Administrative an `• upport 2000. BOARD OF COUNTY COMMISSIONERS OF DES IUTES CO , OREGON Tom DeW 3 nis R. Luke, ommissioner WICKIUP JUNCTION PLANNING AREA 171 NEIGHBORHOOD PLANNING AREA LA PINE PLANNING AREA SYMBOLS — TARIM, -7,:sRAILROAD LEFELE DERAIL,. RIVER a LA PINE EEC Mit :NO.', LA PINE PLANNING AREA = ELTIIIIL COMMERCIAL EXPANSION kflEA ZONNO DISTRICTS. in RI PARK COMMUNITY FACULTY COMMUNITY FACILITY LIMITED aff COMMERCIAL FLOOD PLAIN DiDUSTRIAL RESIDENTIAL SEWER ralwrm, NEIGHBORHOOD PLANNING AREA CONCEPTUAL. RIGHTS.F.WAY ZONNG DISTRICTS, mg COMMUNTET FACILITY SE COMMUNITY FACILI EP LIMITED E t NEIGHBORHOOD COMMERCIAL = RESIDENTIAL CENTER = RESIDENTL, GENERAL EgoPEN SPACE N o PARK ICIDI' P JUNC TH. Pl...NINC ARE., ZONING DISTRICT: sp. CONDIERCIAL I RESIDENTIAL La Pine Urban Unincorporated Community ZONING MAP N 1t - May IS. 21102 Pre. kORY PtInifleir COMMILITef DISCLAIMER: The informaiOn on MIS 1119P was dere. from digit...Bases. Deschutes County's G.I.S. Ca, was taken in tne croation of map. nut is provided las is., Deschutes Coursy cannot accept any responsibility for orrors. oriv.ions. or positional accuracy in dig. data Of IhD unflerlong capon.. Done aro warranties. exp... rm... including the warranty of VDEMVSSSDY Of 1.0500I a Radio., purpose, .companying this product. However. rotificat. of any filmes irk . appreciated, NOTE: The coning 551551 hound.. in Ina POoreorho. Planning *155 5,5 Donors.. and will to relined wart approval of quo.. pOns according to poticios Comprononsive Plan a. standar. in zoning owe for . Poe Noion.rricod Planning Area -D°,s u °-Li9a zr m° 9,52,8 rfRg vg -i Ex"..] mb Q V 72. g .9l'LL9Z 3.44,44405 DESA B Rr. DAD AP*RO R8 sxx oAc AP000T 0*D enNEW LAST D>rr. PLOT DALE: 02/20/08 BEND LARNE SCHOOLS LAPINE ELEMENTARY SCHOOL NEIGHBORHOOD PLANNING AREA #4 TENTATIVE PARTITION & SITE NEIG DESMUIES W OREGPY WHPacifltDRAWN Sent 51,.388-1855 F 5nd58�Z]e DATE ST REV( REN5IDN �dAtFR SCALE. PROJECT NO. DRAWING FILE NAME: 1..=300' 35590.1002 33590—surv—Final—PPLT—Lo mormilpsArsorn 7 REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order authorizing Teresa Rozic, Property Specialist or Dave Kanner, County Administrator to Sign Land Use Applications for the New La Pine Elementary School Site * * ORDER NO. 2008-021 WHEREAS, Deschutes County owns property in the Neighborhood Planning Area that will be conveyed to the District for the new elementary school site ("School Site"), and WHEREAS, the School Site cannot be transferred to the District until it is created through a partition, and WHEREAS, the Bend -La Pine Schools (the "District") and the Deschutes County Planning Staff ("Planning Staff') are working together to facilitate the 2009 opening of a new 300 student La Pine Elememary School; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HERE BY ORDERS as follows: Section 1. Teresa Rozic, Property Specialist or Dave Kanner, County Administrator are authorized to sign as property owner on land use applications required for partition and development of the new School Si .e in La Pine. Dated this _ day of , 2008 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON DENNIS R. LUKE, Chair ATTEST: TAMMY (BANEY) MELTON, Vice Chair Recording Secretary MICHAEL M. DALY, Commissioner PAGE 1 OF 1- ORDER NO. 2008-021