HomeMy WebLinkAbout90-041: I .: 1.
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, ORI
An Ordinance Amending Ordinance
No. PL -20, the Deschutes County
Mic�ofi��tiED
Year 2000 Comprehensive Plan, as *
Amended, to Allow the Extension of *
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City of Bend Sewer Lines to *w.
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Property Outside the Urban Growth
Boundary Designated as Destination
Resort, Taking an Exception to *
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Statewide Land Use Planning Goal
11 and Declaring an Emergency.-�
ORDINANCE NO. 90-041a
WHEREAS, SMGA Partnership, as owner of
Seventh Mountain
Golf
Village, has requested permission to extend
City of Bend sewer
lines outside the urban growth boundary to Seventh
Mountain
Golf
Village and the Inn of the Seventh Mountain,
a destination resort
located west of the City of Bend outside the
urban growth boun-
dary on lands designated forest; and
WHEREAS, the extension of sewer facilities to property
outside the urban growth boundary requires an exception to
Statewide Land Use Planning Goal 11; and
WHEREAS, notice of hearing was given in accordance with law;
and
WHEREAS, the Board of County Commissioners held a hearing on
August 15, 1990, concerning the proposed goal exception and
amendment to the Urban Growth Boundary Management Agreement to
allow the proposal; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. That an exception to Statewide Land Use Planning
Goal 11 is hereby adopted for the property depicted on the map
marked Exhibit "A," attached hereto and by this reference incor-
porated herein.
Section 2. That Ordinance No. PL -20, the Deschutes County
Year 2000 Comprehensive Plan, as amended, is further amended by
adding to the Deschutes County Year 2000 Comprehensive Plan (Page
95, Public Facilities and Services) the following paragraph:
"The County shall not allow any further connection
the sewer line extended to the Inn of the Seventh
Mountain destination resort outside of the City of
Bend's acknowledged urban growth boundary."
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1 - ORDINANCE NO. 90-041
105 - 0755
Section 3. That the reasons for taking the exception and
the findings and conclusions in support of the plan amendment are
set forth in the findings and conclusions of the Deschutes County
Planning Division staff report, dated August 15, 1990, and hereby
adopted by the Board of County Commissioners, relating to plan
amendment PA -90-8, marked Exhibit "B," attached hereto and by
this reference incorporated 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.
DATED this day of 1990.
ATTE T
uy""' 4'e
Recording Secretary
2 - ORDINANCE NO. 90-041
BOARD OF COUNTY COMMISSIONERS
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EXHIBIT "B"
105
DESCHUTES COUNTY PLANNING DIVISION
�*, __ .ADI
FILE NUMBER: PA -90-8
HEARING DATE: August 15, 1990
TIME: 10:00 A.M.
PLACE: Room "A", Courthouse Annex.
1128 N.W. Harriman
Bend, Oregon 97701
APPLICANT: Deschutes County
-Z 0757
REQUEST: The County is proposing to amend the Bend
Area General Plan, the Deschutes County
Year 2000 Comprehensive Plan, and the
agreement between the City of Bend and
Deschutes County for the joint management
of the Bend Urban Area to allow the
extension of the city's sewer main
outside the Urban Growth Boundary to The
Inn of The Seventh Mountain. The request
entails an exception to Statewide
Planning Goal 11, Public Facilities and
Services.
Kevin Harrison
LEGAL FINDINGS:
A. Oregon Administrative Rules, Chapter 660, Division 4,
Interpretation of Goal 2 Exception Process:
-660-04-020 through 660-04-022, Reasons Necessary to
Justify an Exception under Goal 2, Part II(c).
B. Deschutes County Year 2000 Comprehensive Plan.
C. Bend Area General Plan.
PA -90-8 1
106 - O758
BASIC FINDINGS:
1. Deschutes County, in cooperation with the City of Bend,
is proposing Plan Amendments to the County Comprehensive
Plan and the Bend Area General Plan in order to allow
the extension of the City's sewer main to The Inn of The
Seventh Mountain.
2. The proposal requires an exception to Statewide Planning
Goal 11, Public Facilities and Services.
3. The process for allowing the sewer line extension was
started in February, 1988, with the mailing of a joint
City/County "Notice of Proposed Action" to the
Department of Land Conservation and Development (DLCD).
4. The City of Bend adopted Resolution No. 1836 on April
20, 1988, amending the Bend Area General Plan as
follows:
"The City shall not allow any further connection to the
sewer line extended to The Inn of The Seventh Mountain
destination resort outside of the acknowledged Urban
Growth Boundary."
Copies of the resolution and findings adopted by the
City are attached to this report and are incorporated by
reference herein.
5. The development of The Inn of The Seventh Mountain
pre -dated the adoption of the County's Comprehensive
Plan and implementing Ordinances.
6. The Inn's property is located approximately five (5)
miles southwesterly of Bend, off Cascade Lakes Highway,
and is identified on Deschutes County Assessor's Map
#18-11 as tax lot 2000.
7. The subject property is zoned F-2/LM, Forest and
Landscape Management Combining Zone. The property is
designated Forest and Landscape Management by the
Deschutes County Comprehensive Plan.
8. The route for the proposed sewer main would traverse
property owned by the U.S. Forest Service (Map #18-11,
tax lot 200), which is also zoned F-2. The Forest
Service owns all property located between The Inn's
property and the UGB. A map of the proposed route is
attached to this report and incorporated by reference
herein.
PA -90-8 2
105 - 0759
9. The interest in the sewer line extension arises from The
Inn's plans for a 237 -acre expansion, which was
authorized pursuant to case files M-83-1 and CU -83-107,
and which was last modified in file MC -88-1. The
project is scheduled for completion by December 31,1991.
10. The City's Engineering Division has indicated that the
collection system from the Mt. Bachelor Village complex
to the Columbia/ Commerce intersection consists of a 10"
line designed at a minimum velocity of two (2)
feet/second. The highest recorded flow for The Inn
complex is 105,000 gallons per day. The addition of The
Inn to the existing collection system would result in
utilization of one-half the capacity of the line during
peak flows. The existing collection system at build out
will be about three -quarters -full at peak flows, well
within the operating standards of the City's system.
11. The City's sewerage system has capacity for
approximately six (6) million gallons per day (MGD) and
presently has about two (2) MGD flow. The system was
designed to serve the City and surrounding Phase II
area, or a 60,000 population equivalent. The City is
forecasting a population of 55,200 within the UGB by the
year 2005.
12. The Inn of The Seventh Mountain is a destination resort,
as defined on page 6 of the County Comprehensive Plan.
13. Rural Development Policy #5 of the County's
Comprehensive Plan states:
"Destination resorts and dude ranches are important
elements of the local economy. Densities will be
determined upon the merits of the proposal. These
developments shall not be permitted in exclusive farm
use districts and only under certain conditions in
forest districts. They may be allowed in other rural
areas if compatible with the environmental capabilities
of the site, near existing transportation and utility
facilities, consistent with the rural character of the
area, and unlikely to create undue public service
burdens."
PA -90-8
105 - U76O
14. Economic Policy #1 of the County's Comprehensive Plan
states:
"The importance of tourism to the local economy is
well-known, but there also exists considerable potential
for strengthening and improving this segment of the
economy. The County shall assist in the development of
a long range plan to encourage tourism (including
destination resorts) and recreation locally..."
15. Public Facilities Policy #2 of the County's
Comprehensive Plan differentiates between urban and
rural facilities and states that certain facilities such
as sewage treatment plants, among others, which are
necessary to serve concentrations of people shall be
known as key facilities and shall be located in urban
areas or in Rural Service Centers. "...Key facilities
outside urban areas or Rural Service Centers shall be
discouraged unless the facility is needed to serve
existing development, is at the most efficient and
economic location, and is consistent with the
capabilities of the land and the planned growth of the
County."
16. Public Facilities Policy #14 of the County's
Comprehensive Plan states that, "Mutual agreements
between the County and the cities shall assure sewer and
water systems are extended in a planned manner."
17. Forest Lands Policy #4 of the County's Comprehensive
Plan states:
"Destination resorts shall be permitted in F-2 and F-3
areas upon showing that the land where the resort is to
be established has no significant timber potential and
that the resort activities are sufficiently buffered so
that they will not adversely affect timber harvesting on
adjacent or nearby lands."
APPLICABLE CRITERIA:
1. OAR 660-04-015(1): A local government approving a
proposed exception shall adopt as part of its
Comprehensive Plan findings of fact and a statement of
reasons which demonstrate that the standards for an
exception have been met. The applicable standards are
those in Goal 2, Part II(c), OAR 660-04-020(2) and
660-04-022.
PA -90-8 4
I[15 % 6761
2. OAR 660-04-020(2): This rule outlines the four factors
to be addressed when taking an exception to a Goal. The
four factors are:
A. Reasons justify why the state policy embodied in
the applicable goal(s) should not apply. The types
of reasons that may or may not be used to justify
certain types of uses are described in OAR
660-04-022. Such reasons include but are not
limited to the following:
(1.) There is a demonstrated need for the proposed
use or activity; and either
(2.) a resource upon which the proposed use or
activity is dependent can be reasonably
obtained only at the proposed exception site
and the use or activity requires a location
near the resource. An exception based on this
subsection must include an analysis of the
market area to be served by the proposed use
or activity; or
(3.) the proposed use or activity has special
features or qualities that necessitate its
location on or near the proposed exception
site.
B. Areas which do not require a new exception cannot
reasonably accommodate the use.
C. The long-term environmental, economic, social, and
energy consequences resulting from the use at the
proposed site with measures designed to reduce
adverse impacts are not significantly more adverse
than would typically result from the same proposal
being located in other areas requiring a Goal
exception.
D. The proposed uses are compatible with other
adjacent uses or will be so rendered through
measures designed to reduce adverse impacts.
PA -90-8 5
ioEi a 076'2
CONCLUSIONARY FINDINGS:
1. Goal 11 requires urban and rural development to be
guided and supported by types and levels of urban and
rural public facilities and services appropriate for,
but limited to, the needs and requirements of urban,
urbanizable, and rural areas to be served. A provision
for key facilities (i.e. those public facilities that
are essential to the support of more intensive
development, including sewage disposal) is included in
the County's Plan under Public Facilities Policy #2.
The County is proposing to modify the policy embodied in
the Goal to allow the extension of a key facility into a
rural area.
2. The extension of the City's sewer line satisfies the
requirements of OAR 660-04-020(2)(a) because The Inn is
recognized by the County as.a.destination resort, and is
an important component 'in the local economy; the
operation of The Inn's treatment facility has been
difficult and expensive to operate because of
fluctuations in flows; the connection to the City's
sewerage system would provide an additional five (5) to
six (6) acres for future development at The Inn; and the
County Comprehensive Plan favors the establishment and
expansion of destination resorts through Rural
Development Policy #1.
Additionally, the use of the sewer line will be limited
to The Inn of The Seventh Mountain, an existing resort
whose expansion has been reviewed and approved in
conformance with all local land use regulations.
Therefore, the expansion of this key facility to the
resort is consistent with the capabilities of the land
and the planned growth of the County.
3. The purpose of the amendment is to allow a specific
user, The Inn of The Seventh Mountain, to connect to the
City of Bend's sewerage system. Since The Inn is an
existing resort, located outside the City's Urban Growth
Boundary, the extension of the line to The Inn requires
an exception. All other local destination resorts are
located outside of an Urban Growth Boundary.
Therefore, the County finds that there are no other
areas which do not require an exception which can
reasonably accommodate the use, and that OAR
660-04-020(2)(b) is satisfied.
PA -90-8 6
105 - 0763
4. The proposed amendment would allow The Inn to replace or
substitute the current on-site sewage disposal system
with the City's sewage system. The long-term
environmental, ecoomic, social and energy consequences
associated with this option would not be more adverse
than those experienced at other destination resorts
similarly situated outside of an urban growth boundary.
The amendment would not result in the establishment on
any new use, it would only alter the method of sewage
disposal and the provider of that service. For these
reasons, the requirements of OAR 660-04-020(2)(c) are
satisfied.
5. The extension of the sewer line can be made compatible
with adjacent uses by proper placement of the line
within existing rights-of-way or easements, and by
strictly prohibiting further connections to the line.
Thus, the County finds that OAR 660-04-020(2)(d) is
satisf ied.
CONCLUSIONS AND RECOMMENDATIONS
1. The Board should review the information presented in
this report to ensure conformance with the exception
criteria. A motion to approve the exception requires
adoption of findings of fact and a statement of reasons
demonstrating that the standards have been met. At its
discretion, the Board may adopt or modify the findings
contained herein.
2. If the Board moves to approve the exception, Staff
recommends that the motion adds the following policy to
the Deschutes County Year 2000 Comprehensive Plan (page
95, Public Facilities and Services) and to the Bend Area
General Plan (page 53, Public Facilities):
"The County shall not allow any further connection to
the sewer line extended to The Inn of The Seventh
Mountain destination resort outside of the City of
Bend's acknowledged Urban Growth Boundary."
3. If the Board moves to approve the exception, Staff
recommends that, pursuant to Public Facilities Policy
#14 and Goal 11, the County and the City amend the
Agreement for the joint management of the Bend Urban
Area by adding paragraph 6(B)(3) as follows:
"City may extend sewer lines and service outside the
Urban Growth Boundary only in accordance with the
County's Comprehensive Plan."
PA -90-8 7
RESOLUTION NO. 1836 1 0 5 7° 0764
WHEREAS, an application for an amendment of the Bend Area General
Plan has been applied for to allow the extension of City sewer to
the Inn of the Seventh Mountain; and
WHEREAS, the Bend Urban Area Planning Commission has held a public
hearing and has found that the City has.the capacity to service
the Inn of the Seventh Mountain and that no other hookups are
likely because the intervening land is federally owned; and
WHEREAS, the Bend Urban Area Planning Commission has made find-
ings, which we hereby adopt; and,
WHEREAS, we find that there is a need to facilitate the expansion
of this existing destination -resort and that such expansion is
consistent with the City's and County's regional economic strategy
to further tourism; now therefore,
THE CITY COMMISSION DOES RESOLVE AS FOLLOWS:
Section 1. The Bend Area General Plan is hereby amended by addi-
tion of the following policy to the sewer facilities element:
The City shall not allow any further connection to the
sewer line extended to the Inn of the Seventh Mountain
destination resort outside of the acknowledged urban
growth boundary.
Passed by the City Commission and approved by the Mayor this 20th
day of April, 1988.
YES: 6 NO: 0
ATTEST:
mayor
tus * 0765
BEND URBAN AREA PLANNING COMMISSION
REPORT AND DECISION
Proposed Amendment to Bend Area General Plan
Inn of the Seventh Mountain Sewer Extension
The Inn of the Seventh Mountain (Inn) is a destination resort designated in the
acknowledged Deschutes County Comprehensive'Plan. The Inn occupies a site on
Century Drive overlooking the Deschutes River about four miles southwest of the
City limits and about two miles outside the acknowledged urban growth boundary.
The Inn is an existing resort with condo's, recreation, restaurants, and con-
vention facilities. The County approved a 237 acre expansion of this resort,
which extends back toward the City. The new development would include condo's
homesites, and recreational facilities. This approval was granted in 1984 and
extended in 1987. The County is considering a revision in this plan and an-
other extension. i. -
The Inn has announced that financing for the expansion has been secured, and
has requested hookup to the City's sewer system.
The existing sewer system at the Inn is operated by a County sanitary district.
This system is composed of a collection system, package treatment plant, and
drainfield for effluent disposal. The system reportedly has been expensive and
difficult to operate and maintain due to the fluctuation in flows. Connection
to the City's system will eliminate this problem and free up ground used for
the disposal field. The City's sewer system has capacity in the lines that
serve this area to accommodate the expected flows. The sewer treatment plan
has capacity for six MGD, and current flows of about two MGD. The plant can be
expanded.
The extension of a pressure line from the end of the existing gravity line in
Mt. Bachelor Village out to the Inn will also provide future service to Sunrise
Village, Entrada Lodge, and First on the Hill Sites subdivision, all develop-
ments within the urban growth boundary. The UGB is also the boundary and own-
ership of the Deschutes National Forest. The land between and surrounding the
Inn and the UGB is all U.S.F.S. west of the river. The east side of the river
is Deschutes River Voods subdivision, with one to five acre lots. The majority
of these lots along the river are developed. The county has this area zoned
RR -10. The Inn is zoned F-2 Forest Use, and destination resorts are an allowed
conditional use in the F-2 zone. Both the City and County comprehensive plans
recognize that destination resorts are an important part of the area's tourist
economy and support the development and expansion of these facilities.
Statewide Goal Number 8, Recreation, and statutes provide for the siting of
destination resorts. The current siting standards in Goal 8 are different than
those acknowledged in Deschutes County's comprehensive plan. The Inn appears
to meet the Goal 8 standards as well as the County's plan criteria for destina-
tion resorts.
Inn of the Seventh Mountain
Page 2
Goal 11 provides for levels of service 11 ... appropriate for, but limited to,
the needs and requirements of the urban, urbanizable, and rural areas to be
served." Extension of the City's existing sewer system to the Inn will provide
an appropriate level of service to the existing and proposed expansion of the
destination resort.
FINDINGS•
1. The Inn is an existing destination resort which has approved plans for a
237 acre expansion.
2. The Inn's existing sewer system is costly to maintain and a connection to
the City's system will be cost-effective for the Inn, sanitary district,
and the City.
3. The City has adequate capacity to provide service to the Inn.
4. The adoption of the proposed policy will insure that the extension of sewer
system outside the urban growth boundary will be limited to services needs
of only the Inn.
5. The extension of the sewer system will foster expansion of an existing des-
tination resort which is consistent with both the City and County acknowl-
edged comprehensive plans and adopted regional economic strategy.
STAFF RECOMMENDATION:
The staff recommends that the sewer line extension be approved, and that the
Bend Area General Plan be amended to include the following policy in the sewer
facilities element:
The City shall not allow any further connection to the sewer main
extended to the Inn of the 7th destination resort outside of the
acknowledged urban growth boundary.
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3/9/88
0767
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