HomeMy WebLinkAboutBend UGB Expansion Discussion PointsC43,
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ISSUE SUMMARY
SUBJECT: UGB expansion, amendments to
Bend Area General Plan and Development
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Code
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MEETING DATE: November 3, 2008
STAFF MEMBER: Damian Syrnyk
DEPARTMENT: Community Development
ACTION REQUIRED:
❑Motion
❑Public Hearing
❑Ordinance — 1st Reading (date)
Ordinance— 2nd Reading (date)
❑Resolution (role call vote required)
//Information/Direction
❑Consent Agenda A
❑Consent Agenda B
ADVISORY BOARD/COMMISSION
RECOMMENDATION:
❑Approval
❑Denial
❑None Forwarded
//Planning Commission Recommendation
Comments: The Bend Planning Commission
will make a forward a recommendation on the
UGB expansion by October 28, 2008.
STAFF RECOMMENDATION: Conduct a work session to prepare for a November 24, 2008 joint
public hearing with the Deschutes County Board of Commissioners on the UGB expansion and
related amendments to each jurisdictions comprehensive plans and land use regulations.
Project/issue relates to:
Council Goals and Priorities
ISSUE / COUNCIL DECISION
The purpose of this meeting
24, 2008 joint public hearing
UGB expansion and related
land use regulations. This
Commission's recommendation
questions and seek direction
adoption process.
BACKGROUND:
The proposed expansion of the
and available land for housing,
L
&
is
with
amendments
work
on
Bend
employment,
Bend 2030 Vision
DISCUSSION POINTS:
to conduct a work session to
the Deschutes County Board
to each jurisdictions
session will include a presentation
on the UGB expansion. Staff
preparing for the hearing and
UGB includes approximately
and related uses.
/1
prepare
This
Not Applicable ❑
for the November
of Commissioners on the
comprehensive plans and
of the Bend Planning
will also respond to council
the remainder of the
6,000 acres of suitable
proposal is the product
Form revised March 2008
of an extensive public process lead by the Bend Planning Commission after public hearings
held on a staff proposal in July and August 2007. In addition to the UGB expansion, the
proposal includes:
• adoption of amendments to the text and policies of Chapters 1, 2, 3, 5, 6, 7, and 8 of
the Bend Area General Plan. These amendments include adoption of a housing
needs analysis and an econornic opportunities analysis as appendices to Chapters 5
and 6, respectively;
• adoption of amendments to the text and map of the Transportation System Plan;
• adoption of a framework plan to act as an illustrative guide of future lands uses;
• adoption of the city's water and sewer collection system master plans as public
facility plans (PFP's) and recognizing them as PFP's in Chapter 8, Public Facilities
and Services, and;
• adoption of amendments to the text of the Bend Development Code to incorporate
urban holding zones and master planning requirements.
The City and the County will need to adopt the same UGB expansion and these
amendments to the Bend Area General Plan before they can be sent to the Department of
Land Conservation and Development for review and acknowledgement. A separate set of
related amendments to the County's Comprehensive Plan and Zoning Ordinance will be
reviewed and acted on by the Board of County Commissioners.
CURRENT YEAR BUDGET IMPACTS (Department): N/A
FINANCIAL PERSPECTIVE & RECOMMENDATION (Finance): N/A
LEGAL REVIEW & RECOMMENDATION:
Reviewed by: Date:
COMMUNITY INVOLVEMENT PROCESS:
The city convened a technical advisory committee (TAC) that met monthly between October
2004 and July 2006; January 2007 through May 2007, and; October 2007 through May
2008. The city also convened a steering committee composed of the Bend Planning
Commission and representatives of the neighborhood associations that met monthly in 2006
and through May 2007. After three public hearings in July and August 2007, the Bend
Planning Commission met in weekly and bi-weekly work sessions between September 2007
and October 2008. The Planning Commissioner also reconvened the TAC to meet monthly
between October 2007 and May 2008. The documents for both the planning commission
work sessions and the TAC (2007-2008) have been made available through the city's
website.
ATTACHMENTS:
• 1. The October 17, 2008 City of Bend staff report to the Bend Planning Commission
and Deschutes County Planning Commission.
• 2. The October 9, 2008 Deschutes County staff report to the Bend Planning
Commission and Deschutes County Planning Commission.
Form revised March 2008
• 3. Map of the proposed UGB expansion (currently Alternative 4). The Planning
Commission recommendation may include changes to this map.
Form revised March 2008
Community Development Department
Planning Division Building Safety Division Environmental Health Division
DATE: October 9, 2008
117 NW Lafayette Avenue Bend Oregon 97701-1025
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/aid/
STAFF REPORT
TO: Deschutes County Planning Commission
Bend Urban Area Planning Commission
FROM: Peter Gutowsky, Principal Planner
RE: Joint Public Hearing to Consider Bend Urban Growth Boundary (UGB)
Amendment
BACKGROUND:
On October 27, 2008 the Deschutes County Planning Commission will hold a joint hearing with
Bend's Urban Area Planning Commission to consider amendments to Bend's UGB. The hearing
will start at 5:30 p.m. and take place in the Barnes and Sawyer rooms located on the first floor of
the Deschutes Services Center, 1300 NW Wall Street, Bend.
COUNTY AMENDMENTS:
Both planning commissions will consider amendments to Deschutes County Code that are
distinctly different from the City of Bend. Attached with this memorandum are two draft
ordinances and their respective exhibits. These documents will be formally entered into the
record on October 27.1
Ordinance 2008-028
• Exhibit A: Deschutes County Code, Chapter 23.48 amends the Comprehensive
Plan goals and policies for Urbanization, creating a new goal and urban
growth boundary policy recognizing the City of Bend.
• Exhibit B: Legal description placeholder, required for the joint Bend City Council and
Board of County Commissioner public hearing.
• Exhibit C: A County Comprehensive Plan map showing the new UGB and a plan
designation identifying the unincorporated UGB area as "UGB."
The legal description of the proposed UGB will be entered into the record as Ordinance 2008-028,
Exhibit B, on November 24, 2008 at the Board of County Commissioner and Bend City Council joint
public hearing.
Quality Services Performed with Pride
• Exhibit D:
• Exhibit E:
Ordinance 2008-029
• Exhibit A:
• Exhibit B:
• Exhibit C:
Attachments:
1. Ordinance
Exhibit
Exhibit
Exhibit
Exhibit
2. Ordinance
Exhibit
Exhibit
Exhibit
A County Transportation System Plan map reflecting future City arterial
and collector streets located in the urban unincorporated area of Bend
and three rural collectors outside the UGB being reclassified to rural
arterial (Deschutes Market, Hamby, Skyline Ranch, OB Riley roads).
City of Bend findings.
Deschutes County Code, Title 19 (Bend Urban Growth Area) is repealed,
and a new version is enacted, recognizing five zoning districts in the
urban unincorporated area of Bend: Urban Holding -10, Urban Holding -2
1/2 , Public Facility, Surface Mining, and Flood Plain.
Deschutes County Code, Title 19, Bend Urban Growth Area map,
designating five zoning districts for land within the new UGB.
City of Bend findings, incorporated by reference.
2008-028
A, Comprehensive Plan Policies
C, Comprehensive Plan Map
D, Transportation System Plan Map
E, Findings
2008-029
A, Deschutes County Code, Title 19 (Bend Urban Growth Area)
B, Bend Urban Growth Area Map
C, Findings
710 WALL STREET
PO Box 431
BEND, OR 97709
[541] 388-5505 TEL
[541] 388-5519 FAX
www.ci.bend.or.us
MEMORANDUM
TO: Bend City Council
Deschutes County Board of Commissioners
FROM: Brian Shetterly, Long Range Planning Manager, City of Bend
DATE: October 29, 2008
SUBJECT: Bend Planning Commission UGB Recommendation (City File No. PZ -07-361)
This memo summarizes the Bend Planning Commission's action in recommending a UGB
expansion alternative and related amendments to the Bend City Council.
On October 27, 2008 the Commission held a joint public hearing with the Deschutes County
Planning Commission to consider the UGB expansion Alternative 4 package, as well as several
draft amendments to the County Comprehensive Plan and County Code. After receiving
testimony from 30 citizens, both Commissions closed the hearing. The Bend Planning
Commission then continued its meeting to the following evening, October 28, 2008, to conduct
deliberations and adopt a motion of recommendation to the City Council.
During the October 28 meeting, the Commission discussed input received during the hearing,
heard comments from City staff, and considered all aspects of Alternative 4. After
approximately two hours of discussion, the Commission adopted the following motion by a 5-1
vote:
The Planning Commission recommends to the City Council adoption of UGB
Alternative 4, and related amendments for City File No. 07-361, based on
findings and conclusions contained in agenda packet materials for the
Commission's October 27, 2008 meeting, subject to the following modifications:
1. Remove the Goal 5 study area "clouds" from the west -side parcels
and instead estimate approximately 299 acres of ASI land as
being located within the proposed UGB expansion area.
2. Add an approximately 300 -foot -wide residential buffer along the
Hunnell Acres Subdivision in the Bowery Lane neighborhood.
3. Increase the low-density residential transition buffer zone on the
Miller -Day properties from approximately 360 feet to
approximately '/a mile.
The Commission also recommends that the Council consider the following:
4. Consider transferring the additional residential land need created
by enlargement of the low-density transition buffer on the Miller -
City Council / County Board Memo
UGB Recommendation
Page 1 of 5
Day properties to either Section 11 or the Buck Canyon property
or both.
5. Consider whether Section 11 should be increased in size to
accommodate master -planning.
6. Consider whether the J. L. Ward Co. property known as the
"thumb"should be increased in size to accommodate master -
planning.
7. Consider limiting any restrictions intended to enforce the location
of the auto mall to the designated site on North Highway 97 to last
for a period of not more than five (5) years.
Further, Planning Commission directs staff to prepare a memorandum summarizing BPC
deliberations in this matter for review and comment by Planning Commission and delivery to
City Council with this recommendation.
The Alternative 4 boundary, which is the subject of the Planning Commission's
recommendation, is shown on three attached maps. These are the proposed General Plan
Map, the proposed Bend Zoning Map, and the proposed Bend Urban Area Framework Plan
Map.
City Council / County Board Memo
UGB Recommendation
Page 2 of 5
Bend Urban Area Proposed General Plan Map
General Plan Designation
Urban Resew RWeential
MN Urbane Restive Camerae
® Urban Reserve >terlus€r
Surface Meeirg
as Public Facilities
Existing
Prcgosel WA (AR 4, 1a17,081,
0 Goat 5study/we
a3:[llr nse b 247aent a uses,'-eben Reserve ReCideMls
Tray Include seeresestat reselerience uses. lestitdmtal uses,
semi allot nut acirY % parts, as am r pt$(K facet( uses.
Part Site
School Sib?
cemetery
City Council / County Board Memo
UGB Recommendation
Page 3 of 5
Bend Urban Area Proposed Zoning Map
10i27l2Q0B
Nies
Zoning
Urban Jiolc ng 10
Urban Hornig 2-b2
Surface Miami
Public Facilities
Exlstng uca
Pressed Mk (Alt 4.101.7,051
Gaal 5 8.'eldy Area
® Park Site
Sabal slte
Cemetery
City Council / County Board Memo
UGB Recommendation
Page 4 of 5
Bend Urban Area Framework Plan Map
101x7/2009
DRAFT
Chase wan are aar.} dtansmssWawa
a dsada'{oml a nye mar a[ uses as natant
tdateladesDena. Theambers represent IDIGIMXIMae
Mat acres 1w eath Le., eta rtiTt3 arSW)
1 6s 0 3
,...4m11_.
i 4046
Slap prepared th Gds of and, 1027X810
Land Use
ITT Hospital ® ME
I IL11P PF
MEOZ ERE SM
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propped UGB {AM a, 1C=T705] M Existing School Site
- University RS, Institutional, Pubic
Fa3ies, and additional
RM - Auto Ala Schocls+Parks
RH No Special Site Industrial
Eaktlrvg Para Sue
cemetery 0 Gal 5 Study Area
P53ential Open
Space (Canatsl
City Council / County Board Memo
UGB Recommendation
Page 5 of 5
710 WALL STREET
PO Box 431
BEND, OR 97709
[541] 388-5505 TEL
[541 ] 388-5519 FAX
www.ci.bend.or.us
Community Development Department
117 NW Lafayette Avenue
Bend, OR 97701
(541) 385-1709 TEL 0
(541) 385-1764 FAX
www.deschutes.orci/cdd
STAFF REPORT
To: Bend Planning Commission
Deschutes County Planning Commission
FROM: Damian Syrnyk, Senior Planner
SUBJECT: October 27, 2008 Public Hearing on Bend urban growth
boundary (UGB) expansion
(Bend File no. PZ -07-361; County file nos. pa -07-4, to -07-5)
DATE: October 20, 2008
Purpose
On October 27, 2008, the City of Bend and Deschutes County Planning
Commissions will hold a joint public hearing on the proposed Bend urban
growth boundary (UGB) expansion and the related amendments to the
text and maps of the Bend Area General Plan and Deschutes County
Comprehensive Plan, and the respective implementing land use
regulations. This staff report includes a brief background on the public
process to date, the elements of the proposal, and the applicable criteria
in state and local law.
Background
The city and county planning commissions held public hearings on the
UGB expansion on July 26, 2007, August 6, 2007, August 23, 2007,
January 24, 2008, and June 26, 2008. At the last hearing on June 26,
2008, the planning commissions voted to close the hearing, and directed
staff to send notice of a new public hearing once a final proposal was
developed for public review and comment.
Since the continued hearing, the Bend Planning Commission and
Deschutes County Planning Commission liaisons have held eleven (11)
work sessions between July and October through which they have
reviewed staff work on a new UGB amendment proposal. At each work
session, Chair Walkey provided opportunities for public comments from
those attending the meeting. Staff also provided reports on new testimony
and evidence submitted into the record, and reported on going
Staff Report to the City of Bend and Deschutes County Planning Commissions
October 20, 2008
Page 1 of 5
coordination with the irrigation districts. Since the first public hearing in
July 2007, city staff has met nine (9) times to obtain district input on the
work products that informed the UGB expansion, and to coordinate on a
model agreement form that could be used by all four (4) irrigation districts.
The record also includes four (4) maps and a spreadsheet that presents
the numbers of irrigated acres potentially affected by each UGB expansion
proposal in each irrigation district'.
The Bend Planning Commission/County Planning Commission Liaison
work sessions were held almost weekly to review staff work and solicit
public comments that led to the development of five (5) alternative
boundaries. Three (3) alternatives were released in early September for
public review and comment. Two additional alternatives were developed
and released in late September and early October, including the
alternative that is the subject of the October 27 public hearing. Chair
Walkey also met with and solicited input from the technical advisory
committee (TAC) one final time in September on the three original
proposals.
Proposal
The subject of the October 27, 2008 public hearing is a boundary
alternative identified as Alternative 4 (See attached map). This alternative
includes 5,954 suitable and available acres for housing, employment, and
related uses. The city has prepared a separate Findings document (See
attached) that addresses this proposal's compliance with the applicable
state statutes and administrative rules that govern UGB expansion.
In addition to this map, the city has proposed amendments to the Bend
Area General Plan that are necessary to support the proposal and future
implementation through plan policies. The proposal includes the following
amendments to the Bend Area General Plan:
• Bend Area General Plan Map, showing the UGB expansion and
new plan designations
• Chapter 1, Plan Management and Citizen Involvement, including
the Framework Plan
• Chapter 2, Natural Features and Open Space
• Chapter 3, Community Connections
• Chapter 5, Housing and Residential Lands, including the Buildable
Lands Inventory, Housing Needs Analysis, and appendix of Targets
and Benchmarks
1 See work session materials for September 22, 2008 and October 13, 2008 -
http://www.ci.bend.or.us/depts/community development/UGB Expansion.htm I.
Staff Report to the City of Bend and Deschutes County Planning Commissions
October 20, 2008
Page 2 of 5
• Chapter 6, The Economy and Lands for Economic Growth,
including the new economic opportunities analysis (EOA)
• Chapter 8, Public Facilities and Services, including the adoption of
the city's water and collection system master plans as public facility
plans
• New Chapter 9, Community Growth of the Bend Transportation
System Plan (TSP)
• Transportation System Plan Map, including supportive findings
addressing Goal 12.
The city has also proposed the following amendments to the Bend
Development Code, including:
• Chapter 2.1 - Develop a new section for Urban Holding Zones. The
Section will include the Urban Holding Zones; UH -2 1/2 and UH -10
and related development standards. This code will apply to
annexed lands that have not been rezoned after annexation.
• Amend Table 2.1.300 to add provisions for Urban Holding zones
• Chapter 4.3 — Add new section for special land division standards
for the Urban Holding zones
• Chapter 4.5 — Add new provision for master planning within the
Urban Holding Zones
Since the land under consideration is currently under the jurisdiction of
Deschutes County, the county has also prepared amendments to the
County Comprehensive Plan and Title 19 of the County Code, the Bend
Urban Area Zoning Ordinance that will be necessary to implement the
UGB expansion and related changes in plan designation and zoning. The
amendments to the County Comprehensive Plan include:
• Proposed amendments to Chapter 23.48, Urbanization, of the
Deschutes County Comprehensive Plan
• Amendments to the Deschutes County Comprehensive Plari Map
to reflect the change in the Bend Urban Growth Boundary
• Amendments to the Deschutes County Transportation System Plan
Map
In addition to the County's Comprehensive Plan, the county has also
proposed amendments to the official county zoning map to reflect the
change in the Bend UGB. The county and city have worked to develop
proposed amendments to Title 19 to incorporate the urban holding zones
and related development standards proposed for incorporation in the Bend
Development Code. You will find enclosed with this report a staff report
from Peter Gutowsky of Deschutes County that summarizes the
amendments to the County Comprehensive Plan and Title 19.
Staff Report to the City of Bend and Deschutes County Planning Commissions
October 20, 2008
Page 3 of 5
Applicable Criteria
There are a number of state statutes, administrative rules, statewide
planning goals, and local criteria that must be satisfied in order to approve
the proposal. The applicable criteria include:
1. Statewide Planning Goals, OAR 660-015:
Goal 1 - Citizen Involvement
Goal 2 - Land Use Planning
Goal 5 - Open Space & Natural Resources
Goal 6 - Air, Water & Land Resource Quality
Goal 7 - Areas Subject to Natural Disasters & Hazards
Goal 8 - Recreational Needs
Goal 9 — Economic Development
Goal 10 - Housing
Goal 11 - Public Facilities & Services
Goal 12 - Transportation
Goal 13 — Energy
Goal 14 - Urbanization
2. Oregon Revised Statutes (ORS) Chapter 197, Comprehensive Land
Use Planning Coordination
ORS 197.296, Factors to establish sufficiency of buildable lands
within urban growth boundary; analysis and determination of
residential housing patterns
ORS 197.298, Priority of land to be included within UGB
3. Oregon Administrative Rules (OAR)
OAR 660-008, Interpretation of Goal 10, Housing
OAR 660-009, Economic Development
OAR 660-011, Public Facilities Planning
OAR 660-012, Transportation
OAR 660-024, Urban Growth Boundaries
4. Bend Area General Plan
Future Plan updates (Preface to General Plan) (pp P-6 through P-
7)
5. Bend Development Code
4.6.200 Legislative Amendments
Staff Report to the City of Bend and Deschutes County Planning Commissions
October 20, 2008
Page 4 of 5
Public Notice
On October 7, 2008, the city caused a Measure 56 notice required under
ORS 227.186 to be mailed through Bend Mailing Service to those owners
of record of property within the proposed UGB amendment and within 750
feet of this amended boundary. Notice of this hearing was also published
in the Bend Bulletin newspaper on October 17, 2008. City staff provided
additional notice through an electronic mail notice dated October 7, 2008
that informed interested parties of the date, time, and location of the
hearing.
Recommendations
City staff recommends that the Bend County Planning Commission and
the Deschutes County Planning Commission take the following actions at
the October 27, 2008 public hearing:
1. Open the public hearing and receive testimony and evidence;
2. Continue the hearing to October 28, 2008 if it appears there are more
parties than can be heard at the October 27, 2008.
3. After the conclusion of the public hearing, the city staff recommends
the Bend Planning Commission deliberate and make a
recommendation to the Bend City Council.
/DPS
Staff Report to the City of Bend and Deschutes County Planning Commissions
October 20, 2008
Page 5 of 5