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HomeMy WebLinkAboutBend UGB Expansion Discussion PointsC43, E Nip pRECpN of Bend � — ISSUE SUMMARY SUBJECT: UGB expansion, amendments to Bend Area General Plan and Development —_, ' 0 Code '9B�°S 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 E7d1Qflg UGB 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