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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Ordinance
No. PL -20, the Deschutes County
Year 2000 Comprehensive Plan, As
Amended to Take an Exception to
Statewide Land Use Planning Goal 3,*
to Change the Designation of Cer- * `'094 16!
tain Property From EFU-40 to Rural * ,�
Industrial With a Limited Use Com- *
bining Zone, and Declaring an
Emergency.
ORDINANCE NO. 88-034
WHEREAS, the Oregon Military Department proposed the redes-
ignation of certain property from EFU-40 to Rural Industrial with
a Limited Use Combining Zone; and
WHEREAS, such redesignation requires the taking of an
exception to Statewide Land Use Planning Goal 3; and
WHEREAS, notice of hearing was given in accordance with law;
and
WHEREAS, the Hearings Officer held a hearing on the proposed
goal exception and redesignation of property on September 20,
1988; and
WHEREAS, the Hearings Officer recommended the proposed goal
exception and redesignation of property by decision dated
September 26, 1988; and
WHEREAS, the decision of the Hearings Officer has not been
appealed; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. An exception to Statewide Land Use Planning
Goal 3 is hereby adopted for the property described in Exhibit
"A", attached hereto and by this reference incorporated herein,
and depicted on the map marked Exhibit "B", attached hereto and
by this reference incorporated herein.
Section 2. Ordinance No. PL -20, the Deschutes County Year
2000 Comprehensive Plan, as amended, is further amended to
redesignate that certain property described in Exhibit "A", and
depicted on the map marked Exhibit "B", from EFU-40 to Rural
Industrial with a Limited Use Combining Zone.
1 - ORDINANCE NO. 8,$-03.4
�,JO 0
Section 3. The Board of County Commissioners adopts as its
reasons for the taking of an exception to the goal, and as its
findings and conclusions in support of the plan amendment, the
Findings and Decision of the Hearings Officer, dated September
26, 1988, relating to Plan Amendment Application No. PA -88-1,
marked Exhibit "C", attached hereto and by the reference incor-
porated herein.
Section 4. This Ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Ordinance takes effect on its
passage.
a
DATED this tu day of INAIe4aL4; '1988.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUT�S COUNTY,;? OREGON
S_j5RTSj0W PRANTE, Commissioner
ATT ./ TOM'
THROOP C issioner
Recording Secretary D MAUDLIN, Chairman
2 - ORDINANCE NO. 88-034
EXHIBIT "A" 0094 0661
PROPERTY DESCRIPTION
That portion of the Northeast one-quarter of Section
23, Township 15 South, Range 13 East of the Willamette
Meridian, lying easterly of the East boundary of the
Redmond Municipal Airport (Roberts Field) and being the
Easterly 1337.8 feet, more or less, of the Northeast
one-quarter of Section 23, Township 15 South, Range 13
East of*the Willamette Meridian, Deschutes County,
Oregon.
Excepting therefrom the following described parcel:
Beginning at the Northeast corner of said Section 23;
thence Southerly along the East line of said Section,
1086 feet, more or less; thence leaving said section
line South 60. 310 001v West 1540 feet, more or less, to
a point on the East boundary of the Redmond Municipal
Airport (Roberts Field); thence Northerly along said
boundary 1845 foot, more or less, to the northeast
corner of said Airport property, said point also being
on the North line of said Section 23; thence Easterly
1337.8 feet, more or less, to the Northeast corner of
said Section 23, said corner being the point of begin-
ning and terminus of this description.
MAP _<
i�
EXHIBIT "B"
C6
10'k A 9
13
MAP 1
LOCATION OF SUBJECT PROPERTY
EXHIBIT "C"
FINDINGS AND RECOMMENDATION
FILE NOS. PA -88-1 and ZC-88-4
APPLICANT: Oregon Military Department
Fairgrounds Road, N. E.
Salem, OR 97303-3241
d®94 0663
REQUEST: The application for a zone change to amend the
Designation on the subject parcel from
Agricultural to Rural Industrial with a
limited use combining zone.
PLANNING STAFF
REPRESENTATIVE: Mark D. Shipman
BURDEN OF PROOF: The applicant must establish that the plan
amendment conforms with the State of Oregon
State-wide Land Use Goals and the Oregon
Administrative Rules, and in particular Rule
660-04-020 regarding exceptions to Planning
Goal No. -- 3 of the Deschutes County
Comprehensive Plan and the Deschutes County
Zoning Ordinance.
PRELIMINARY FINDINGS
1. LOCATION:
The subject parcel is located east of the Redmond Airport
and south of U. S. Highway 126, and is further described as
Tax Lot 116 in Township 15 South, Range 13 East, Section 23.
2. ZONE:
The present zoning of the property is EFU-40, Exclusive Farm
Use, and is designated as Agriculture on the Deschutes
County Comprehensive Plan.
HEARING AND EXHIBITS
The hearing was held on the above -referenced application on
September 20, 1988, at the Deschutes County Administration
Building. The following exhibits make up the record in this
matter:
A. Application;
B. Burden of Proof Statement;
C. Cascade Earth Sciences letter dated July 13, 1988;
D. Military Department letter dated July 20, 1988; and
E. Staff Report.
-1- FINDINGS AND RECOMMENDATION
File Nos. PA -88-4 and ZC-88-4
FINDINGS OF FACT
For purposes of this recommendation, the following Findings shall
apply to both the plan amendment and zone change:
1. The subject parcel is approximately 35 acres in size.
It was created prior to 1977 and is considered a Lot of
Record. The topography is generally level with a
vegetative covering of juniper trees, sagebrush and
native grasses. The soils classification on the parcel
is scabland (VIIIs), Redmond loam (IV E) and Deschutes
sandy loam, stoney (VI E). There is an existing access
road which extends south from Highway 126 which provides
access to the current Central Oregon Unit Training
Equipment Site (COUTES) west of the parcel.
2. Land uses in the surrounding area consist of the Redmond
Airport and City limits to the west, the existing COUTES
facility is directly west on leased land from the
City. To the north is vacant land owned by the City of
Redmond, further north is a large vacant parcel (580
acres plus or minus) owned by Deschutes County, to the
northeast, east and south is BLM land, of which the
National Guard leases 31,000 acres via a special land
use permit for infantry maneuvers and other military
activities.
3. The applicant intends to construct a 16,000 square foot
maintenance shop, a 25 meter baffled firing range for
small arms weapons, and a 17,500 square foot barracks on
the subject parcel.
4. These facilities are intended to compliment the existing
COUTES facility to the west and the training area to the
south and east. The COUTES facility has been in
operation since 1974, and the Oregon National Guard has
used this area for military purposes since 1974. This
Plan Amendment application is meant to change the
Comprehensive Plan designation on the site from
Agriculture to Rural Industrial.
5. The establishment, use and maintenance of a land
extensive military training site is not addressed in the
land use planning goals of the State of Oregon or land
use regulations of local governments. As a result,
consideration of such military land uses, which must
normally be located in rural areas designated for
resource use, does not fit within the normal context of
land use planning philosophies or controls.
-2- FINDINGS AND RECOMMENDATION
File Nos. PA -88-4 and ZC-88-4
0094 0665
The "unique resource" upon which the proposed
development is significantly dependent is the training
site itself. In order to be functional, the training
site must be a large area of land which is suitable and
available for military uses, consists of a large, single
parcel of land or contiguous small parcels of land, and
is capable of accommodating training activities and
required support facilities. When combined, such
facilites form an operation unit which is capable of
functioning efficiently and. maintaining security by a
degree of isolation.
6. As indicated earlier, this "training site", which
includes the UTES, the 31,000 acre training area leased
from the BLM, and the subject property, is considered
one operating unit. The use of each property relates to
and supports the use of the other lands.
As a whole, the military use of this land is not
considered an urban land use and should not be located
within an urban growth boundary. Although the function
of the UTES as an equipment maintenance and repair
facility is similar to other equipment maintenance and
repair facilities generally allowed in urban industrial
districts, the size of the operation (80 tracked
vehicles), the requirement for a large equipment storage
area, and the requirement to have other attendant
military functions and activities located at the same
site require a rural setting.
The maintenance and repair of tracked vehicles requires
a readily available and easily accessible testing
area. Such area is not easily found in an urban
setting. The conduct of such testing for a large number
of vehicles, on a gravel or dirt surface, and without
conventional exhaust systems, cannot normally occur
without creating conflicts with urban uses. As a
result, it is prudent to locate this use in a relatively
isolated environment, or in an area where the activity
is more compatible with adjacent uses of land.
Other military activities, such as tactical training
with tracked vehicles, firing of weapons with live or
blank ammunition, and other land extensive activities
(eg. infantry tactical training) are not urban uses of
land and cannot be supported within an urban area or
Urban Growth Boundary. The performance of such soldier
training tasks, which can occur during the day or at
night, have proven to be incompatible with urban uses in
other areas of the state and country, especially with
residential and other noise sensitive land uses.
-3- FINDINGS AND RECOMMENDATION
File Nos. PA -88-4 and ZC-88-4
7. The City of Redmond land use regulations currently
contain no provision for military uses of this type.
Discussion with City staff indicates that the City does
not consider the proposd uses to be appropriate within
the Redmond "urbanizing" area.
8. The comparative advantage of using the subject property
for the uses identified above relates to its location in
relationship to the training site and COUTES. The
equipment maintenance and storage facility must be close
to the training area, which has been in operation for
about 30 years. Due to land ownership patterns in the
vicinity, the only alternative sites are public lands,
under ownership of the City of Redmond, Deschutes
County, State of Oregon or the BLM. Except for the
subject property, none of these other properties are
available for the type of development proposed and,
thus, cannot be considered for the proposed development.
9. A second comparative advantage to this site is its
location in a rural setting but contiguous to the urban
area and the Airport, with minimal potential for
conflict with urban uses. This situation exists because
the facility is relatively isolated by a location at the
extreme east end of the urban area, having no access
from the west side, and nearly one-half mile south of
Highway 126. These factors combine to create a nearly
ideal location for the facility.
10. A third comparative advantage to the proposed site is a
positive economic benefit which will occur in the
community as the result of the proposed actions when
compared with the loss of agricultural productivity by
the conversion of this land.
The soil composition of the subject property, without
the capability of crop irrigation, results in almost no
productive resource value which may be attributed to the
site. This conclusion is verified by the special soils
survey conducted on the property for the Military
Department.
If a resource value is recognized, the land capability
is limited to that of marginal grazing land. According
to the. BLM information for this area, the land has a
grazing capacity which generally requires 16 acres to
support one animal per month (equals one Animal Unit
Month). BLM charges $1.85 per AUM, which correlates to
$22.20 per year, or a value of $1.39 per acre per year.
On the other hand, National Guard activity results in
short and long term generation of the following
approximate monetary impacts in Deschutes County:
-4- FINDINGS AND RECOMMENDATION
File Nos. PA -88-4 and ZC-88-4
SALARIES
Federal Dollars
State Dollars
National Guard Pay
Supplies and Services
$ 396,000/yr.
-0-
122,000/yr
58,500/yr
Proposed Improvements $1,650,000
Using a multiplier of 1.66, the proposed construction
will have an economic benefit to the local area of
$2,739,000 over the next five years. Although it is
difficult to determine an exact value for federal
dollars imported to the area by operation of COUTES and
the training site, if the value were half of the federal
dollars attributed to the National Guard in Deschutes
County, continued operation of the site at its current
level would result in an additional economic benefit to
the area of $288,250 annually.
Although the expenditure of funds for construction of
the proposed facilities is a no -time benefit which will
dramatically increase monies spent at the facility over
the short term (less than five years), the continued
operation of the training site will have a long term
benefit to Deschutes County. This benefit is expected
to grow as the use of the training facilities increases,
a result of enhanced training opportunities from
development of the proposed projects.
11. There are only three types of land which could
accommodate the proposed development without the
requirement for a new exception. They are non -resource
areas which would not require an exception, resource
land that is committed to non -resource use and for which
an exception has already been taken by the County, or
urban lands within an Urban Growth Boundary.
Areas within the vicinity which do not require a new
exception are limited to those lands within the Redmond
Urban Growth Boundary, since no lands have been
identified as "committed" and there are no areas outside
the UGB that are not designated for resource use.
Considering the fact that the National Guard training
facility must be maintained as a single unit, the search
for an alternate site for the proposed improvements must
be limited to the area east of the City of Redmond. In
this case, the Redmond Urban Growth Boundary and City
limits line coincide with the western boundary of the
subject property, and extend northward to Highway 126,
southward along the same line for a distance of 2500+
feet and then westerly from that point. All land within
the UGB in this vicinity is owned by the City of
-5- FINDINGS AND RECOMMENDATION
File Nos. PA -88-4 and ZC-88-4
Redmond.
In order to spend federal construction funds, the
Military Department is required to own the land or
obtain a 50 year lease from the property owner. Since
the City owns all the land in the area which is inside
the City limits and UGB, such a lease would be required.
According to the City staff, the City of Redmond is
unwilling to allow a large amount of urbanizable
industrial land to be used for uses deemed to be non-
urban in nature.
12. No long term, adverse environmental, economic, social or
energy consequences are expected to occur by the
construction of proposed training site improvements on
the subject property. In fact, positive economic,
social and energy consequences can be expected to occur
as the result of the continued operation of this
facility.
The potential for environmental impacts has been
recognized, but is expected to be minimal at the subject
property. The land has limited agricultural value and
can be used for non-farm uses with little impact to the
environment or to the agricultural base of the County.
This would not always be the case, because an
alternative site could be part of commercial farm
operation or the soils might be better suited to
agricultural use.
Some wildlife habitat value must also be attributed to
the area, although the site is adjacent to the Redmond
urban area and no unique, significant or threatened
habitat values have been identified. The variety and
frequency of public activities in the area have already
degraded the quality of the existing habitat. As a
result, the continuation of current activities at this
site in improved facilities will have no significant
impact to the remaining wildlife habitat.
If other suitable lands were available in the area, it
is not expected that such development would have
significant long term, adverse impacts on those lands,
although the positive impacts attributable to an
adjacent site would not be as great. In addition,
another location could result in conflicts with urban or
some rural land uses. As a result, a finding can be
made that less potential for adverse impacts exists on
the subject property and, therefore, the proposed site
is preferred over other lands in the area requiring a
goal exception.
-b- FINDINGS AND RECOMMENDATION
File Nos. PA -88-4 and ZC-88-4
13. The location of an equipment maintenance and storage
facility at a site which is not contiguous to the
training area would require the continual transportation
of equipment to the training site and heavily impact on
available troop training time. An average weekend
training session, which occurs two to three times per
month, requires the use of 25 to 30 tracked vehicles
which would have to be hauled by heavy equipment movers
from the storage facility to the training site and
back. This action would require significant transport
fuel and other costs, conflicting with energy
conservation goals and policies, and could negatively
impact transportation in the area during certain periods
of time.
BASED UPON the foregoing Findings of Fact, the Hearings Officer
concludes:
1. The subject parcel has no significant revenue value and
does not meet the definition of agricultural land under
the Goals and Guidelines of the State of Oregon.
2. The -operational characteristics of the proposed use are
such that a rural setting is required as opposed to an
urban setting.
3. The proposed development conforms to the criteria in OAR
660-04-020 for allowing a reasonable exception to be
taken and allowing a non-agricultural use to be
established. The development also conforms to the
criteria in OAR 660-04-022 ( 3 ) to allow allow rural and
industrial development of property outside an Urban
Growth Boundary. Subsection (L) of the rural industrial
zone does allow these types of uses outright and would
be an appropriate zone in conjunction with this plan
amendment.
BASED UPON the above Findings and Conclusions, the Hearings
Officer hereby RECOMMENDS APPROVAL of the plan amendment and zone
change subject to the following conditions:
1. That the applicant submit a site plan review application
for the proposed uses as stated in their Burden of Proof
Statement.
DATED and MAILED this 26th day of September, 1988.
/s/ EDWARD P. FITCH
EDWARD P. FITCH
Hearings Officer
cc: BOCC
Deschutes County Planning Director
Deschutes County Planning Commission
-7- FINDINGS AND RECOMMENDATION
File Nos. PA -88-4 and ZC-88-4