HomeMy WebLinkAbout85-041�35'"2�ti45 LE COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Ordin-
*
��u� 70 r 9'?
ance No. PL -20, Deschutes
County Year 2000 Comprehen-
F I L E
sive Plan, Modifying The Ex-
.D
ception Area Plan For The
LaPine Rural Service Center,
OEC 2719%
Redesignating Certain Land
From Limited Rural Industrial
Reserve To Limited Rural In-
��Y SM PENHOLLOW
dustrial, And Declaring An
DjSGHUTES �OUI�TIf. -C-MK,
Emergency.
ORDINANCE NO. 85-041
WHEREAS, Deschutes County proposed the redesignation of
certain property from Medium Density Residential to Limited Rural
Industrial for an 88.84 acre parcel in the LaPine Rural Service
Center; and
WHEREAS, the LaPine Rural Service Center was established
pursuant to the Exceptions Area Plan; and
WHEREAS, notice of hearings was given in accordance with
law; and
WHEREAS, the hearings on the proposed redesignation have
been held; and
WHEREAS, it appearing that the Exception Area Plan should be
modified and the parcel redesignated Limited Rural Industrial;
now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. That Ordinance No. PL -201 Deschutes County Year
2000 Comprehensive Plan, Exception Area Plan, be modified by the
addition of the LaPine Industrial Site Exceptions Statement,
marked Exhibit "A", attached hereto and by this reference
incorporated herein.
Section 2. That Ordinance No. P1-20, Deschutes County Year
2000 Comprehensive Plan, be amended to change the designation
from Limited Rural Industrial Reserve to Limited Rural Industrial
for the real property described as Tract E, LaPine Industrial
Park, Deschutes County, Oregon, and depicted on the map marked
Exhibit "B", attached hereto and by this reference incorporated
herein.
1 - ORDINANCE NO. 85-041
VOL 79 FACE 29
Section 3. To adopt as the Board of County Commissioners'
findings and conclusions, the findings and conclusions of the
Staff Report relating to Plan Amendment No. PA -85-3, marked
Exhibit "C", attached hereto and by this reference incorporated
herein and the LaPine Industrial Site Exceptions Statement.
Section 4. This Ordinance being necessary for the immediate
preservation of public peace, health and safety, an emergency is
declared to exist, and this Ordinance takes effect on its
passage.
DATED this —?A ---Li, day of December, 1985.
BO D OF COUNTY COMMISSIONERS
OFIDSCHUTES COUNTY, OREGON
LAURENCE 9. TUT LE, Chairman
ATTEST:
LOIS B STOW E, Commissioner
Recording Secretary DI MAU IN,- CbmInissioner
2 - ORDINANCE NO. 85-041
EXHIBIT "A"
VUC 70FACE 30
LAPINE INDUSTRIAL SITE EXCEPTIONS STATEMENT
1. Introduction.
The LaPine Industrial Site Subdivision (Industrial Park) is
wholly within the LaPine Rural Service Center (RSC). The LaPine
RSC was established pursuant to an Exception Area Plan adopted as
a part of Deschutes County Year 2000 Comprehensive Plan, ordin-
ance No. PL -20. The Exception Area Plan, as set forth in the
Comprehensive Plan, provided for three plan designations within
the Industrial Park.
Tract A and B, that portion of the site east of the Burling-
ton Northern Railroad tracks, was planned Limited Rural Indus-
trial and zoned Rural Industrial. Tract A is an undivided 44.80
acre site without developed access from Finley Butte`goad and a
BLM easement. Tract B is a developed small lot industrial park
with lots ranging from 1 to 35 acres. Total acreage of Tract B
is 59.98 acres. Tract E is that portion of the Industrial Park
west of the Burlington Northern Railroad tracks lying northerly
of Finley Butte Road. Tract E was designated Limited Rural Indus-
trial Reserve and zoned Rural Service Residential. Tract E is an
88.84 acre site with undeveloped access from Finley Butte Road
and a BLM easement. Tract C is that portion of the Industrial
Park west of the Burlington Northern Railroad tracks lying
southerly of Finley Butte Road. Tract C was designated Medium
Density Residential and zoned Rural Service Residential. Tract C
is a 94.04 acre site with direct access to Finley Butte Road.
Tract D is 28.62 acres. Tract D is planned Medium Density
Residential, but is in public ownership.
- 1 -
2. Purpose of Exception. VOL 70 FAGF 31
The purpose of this exception is to establish a change in
the intensity of uses and zones allowed in a previously desig-
nated exception area. The exception herein is from the require-
ments of Statewide Planning Goals 4 and 14.
3. Reasons which justify why the state policies embodied in the
applicable goals should not apply.
This exception involves two parcels of land identified as
Tract C and Tract E, LaPine Industrial Site. An exception was
previously taken to Goal 4, Forest Lands, and Goal 14, Urbaniza-
tion, for these parcels. As a result of the previous exception,
Tract C was designated Medium Density Residential and zoned Rural
Service Residential, and Tract E was designated Rura-l'Industr.ial
Reserve and zoned Rural Service Residential.
Tracts C and E of the Industrial Park are wholly within the
LaPine RSC and are each abutting the Burlington Northern Railroad
tracks. Both tracts are closely situated to Highway 97, the
major north -south transportation route in Central Oregon. Finley
Butte Road provides all weather access to Highway 97 and public
lands managed as "Forest Lands". Both tracts are situated closer
to the LaPine RSC core area than the previously developed area of
the Industrial Park. The easterly portion of the Industrial Park
is developed in a small lot subdivision. The predominate lot
sizes in the developed portions of the Industrial Park are one
and two acre lots with one 35 acre lot and Tract A, consisting
of 44.80 acres. Tract A and the 35 acre lot are not contiguous
- 2 -
M 70 F,4GE 32
and could not be developed as a single parcel. Tract B, the
small lot development, is encumbered by a north -south gas
transmission easement creating further practical difficulties in
large lot development east of the Burlington Northern Railroad
track.
The uses proposed for Tract C and Tract E are large lot
industrial use. Each tract is approximately 90 acres. The
projected use of each lot is manufacturing of forest products
utilizing dead and diseased pine trees as the manufacturing
resource. Interest in the lease or purchase of this property
from Canada Waferboard Ltd. and Louisiana-Pacific Corporation
showed that 90 acre + parcel size was a prerequisite to the
establishment of wood products manufacturing plants -in the LaPine
RSC. No large 90 acre + industrial zoned property i"s available
within the LaPine RSC unless the Tracts C and E are zoned Rural
Industrial.
The total acreage involved in the modification of this
exception is 179.88 acres. The change in the exception will
allow a change in the zone on both tracts.
There is a shortage of large industrial sites available
within Deschutes County and northern Klamath County. A similar
plant to the one proposed by Canada Waferboard occupies 120
acres. Furthermore, more than one such site is neeed to ensure
adequate availablity of large lot industrial property for
prospective industrial users.
Large lot industrial property in LaPine RSC is located in
close proximity to the raw materials to be utilized by the anti-
- 3 -
VOL 1O PAGE 33
cipated users. Canada Waferboard's raw materials are Mountain
Pine Beetle infested trees located in southern Deschutes and
northern Klamath Counties. Of prime importance to the productive
use of this former "waste wood" is the proximity of resource and
manufacturing and an ample long term supply of the resource.
LaPine RSC is centrally located within the Mountain Pine Beetle
infestation area. It is estimated that three quarters of a
million acres of forest lands are infested with Mountain Pine
Beetle within Deschutes and northern Klamath Counties. The
majority of this acreage can be accessed from Finley Butte Road
and other forest access roads such as Highway 22 originating in
the LaPine area.
The property was already determined to be committed to users
other than "Forest Lands" by inclusion in the LaPine FISC. J'usti-
fication for siting of rural industrial development on these
lands is set forth below.
4. Areas which do not require a new exception cannot reasonably
accommodate the use.
The evidence presented shows that several factors must be
present to economically utilize dead and diseased pine trees in
Deschutes and nothern Klamath Counties as a raw material for
forest products manufacturing.
a. The industrial lot size must be large enough to provide
manufacturing and log storage;
b. The industrial property must be in close proximity to
the raw material; and
VOL 70 PAGE 34
C. Rail service must be present at the site.
There is no property zoned for industrial uses within Deschutes
County that meets these three criteria. Furthermore, existing
wood products manufacturing cannot utilize the trees killed or
infested with Mountain Pine Beetle. The only option to provide
the opportunity to utilize this raw material to its highest and
best use is to provide large lot industrial property in the
LaPine RSC.
5. Alternative Sites.
Evidence shows that there are no suitable alternative sites
within urban growth boundaries which meet the criteria for util-
ization of the resource. The one alternative site meeting the
criteria is the abandoned Johns Mansville Plant in the' Chiloquin
area. The site is not within an urban growth boundary and is
being purchased by Jeld-Wen Corporation, and is not available.
Assuming the validity of the exception area plan, this property
is arguably not resource land for which alternative site analysis
is required. -The proposed use, waferboard manufacturing, is
dependent upon the availability of large 90 acre + lots upon
which the use can be established. Other alternative lands of
lesser acreage cannot be made suitable by increasing the density
of uses on other available non -resource land. The proposed use,
as stated above, can be sited upon land found to be irrevocably
committed to non -resource uses. The land within the LaPine RSC
is planned for non -resource uses under the Exception Area Plan.
- 5 -
6. Urban Growth Boundary Lands. VOL 70 PAGE 35
The nearest urban growth boundaries to the raw materials are
Bend and Klamath Falls urban growth boundaries. Evidence pre-
sented indicates that large lot industrial property on rail is
unavailable. Furthermore, the urban growth boundaries are re-
spectively 35 miles and 125 miles from the raw material resource
area. The type of operation, utilizing what were formerly waste
trees, and market forces require location in close proximity to
the resource. Even if land was available in urban growth bound-
aries for the use, its distance from raw material and small wood
lot owners argue against selection of a site within the two
closest urban growth boundaries. Prineville and Redmond urban
growth boundaries are less suited for this type of wood products
manufacturing. Madras is physically too far removed' &s a poten-
tial site. Canada Waferbcard surveyed site availability and
found no suitable alternative site, the exception being the
Chiloquin site which is not available.
7. Other Resource Lands.
The proposed use could not reasonably be located upon re-
source lands outside the LaPine RSC. Industrial land uses within
the LaPine RSC will result in fewer long term consequences to re-
n
source lands because of the existing availability to all weather
paved access to the site, availability to much of the raw mater-
ial areas, and the existence of rail service and established
industrial rail users. Tract E has already been designated indus-
trial reserve. This change represents an orderly transition from
VOL 70 PAGF 36
a reserve designation to actual use offering needed large lot
industrial sites within the southern Deschutes and northern
Klamath County. Tract C is surrounded on all sides by government
agency ownership. Property to the west is owned by the State of
Oregon, property to the south is public land under the administra-
tion of the U.S. Forest Service and the rest is owned or con-
trolled by Deschutes County. Although it is possible to consider
the proposed use on other resource land requiring an exception,
no alternative sites have been identified. No other sites within
the Deschutes and Northern Klamath Counties have the unique
characteristics of these tracts within the LaPine RSC.
8. Compatibility.
The industrial uses are compatible with adjacefft`uses.
Tract C is buffered by other government ownerships. Tract D of
the industrial park is not proposed for change. Tract D abuts
residential uses to the west and will require special considera-
tion in the future if the land is proposed for industrial uses.
Tract E adjoins existing industrial development on the west and
the Industrial Park and rail right of way on the east. Tract D
provides a buffer area to the south. The north property line of
the LaPine RSC abuts public lands.
There is less potential for conflict on these sites than
other industrial properties within Deschutes County due to the
ownership patterns. Additionally, each site, prior to use, must
receive site plan approval. Adequate buffering from adjacent
uses is directly addressed during the site plan approval process.
- 7 -
VOL ?Q ?A,F 37
Techniques to insure compatability include location of access,
physical layout upon the property, waste water disposal plans,
noise standards, buffer areas, off site improvements, dust abate-
ment measures, and fire suppression plans. There is no incompat-
ibility with surrounding "Forest Lands" since each site is gener-
ally interior to any boundary between non -resource use and
resource use of lands in the LaPine RSC.
9. Economy of the State.
This exception is needed to diversify and improve the econ-
omy of the State. One of the tragedies which has been visited
upon the forests of Central Oregon is the death of millions of
trees by Mountain Pine Beetle infestation. It is estimated the
x
three quarters of a million acres of the pine forest's -in Central
Oregon, centered around LaPine RSC, have dead or dying trees
caused by the Mountain Pine Beetle. The only uses for dead pine
trees until recently have been chips and firewood. Waferboard
technology greatly expands the demand for what was formerly low
value waste wood. The location of a plant in LaPine also creates
a market for small wood lot owners who are required to cut dead
and dying trees for which no market has previously existed. The
waferboard manufacturing process is a technology allowing the
fuller use of raw materials available on "Forest Lands".
10. Proximity of Industrial Land to Resource.
The activity requires a location near the raw material avail-
able on resource lands in southern Deschutes or northern Klamath
- 8 -
vet 70 PA,F 38
Counties. Both Canada Waferboard and Louisiana-Pacific stressed
the need to locate in close proximity to the resource. The
LaPine RSC is centrally located to the market area of the Oregon
Mountain Pine Beetle infested trees. Wood products plants may
not be located without reference to the available resource.
Market conditions demand that cost savings be maintained through
efficiencies in transportation, raw material acquisition, and
availability to the market. The unique resource that serves new
wood products technology is the dead and dying trees of southern
Central Oregon,s resource lands.
There will be no loss of productive resource land by the
exception for this property as the land is presently designated
for non -resource uses and is within the LaPine Industrial Site.
The County's economy will gain by the creation of an estimated 75
new jobs for each tract. The location will create a market for
resource trees for which none has existed and will provide jobs
in an economically depressed area of the County.
LA PINE INDUSTRIAL SITE
LOCATED IN THE WEST ONE-HALF
OF THE WEST ONE-HALF OF SECTION 13, �u( 7O PAvE
AND THE EAST ONE-HALF OF SECTION 14,
TOWNSHIP 22 SOUTH, RANGE 10 EAST,
OF THE WILLAMETTE MERIDIAN
EXHIBIT IIB(1
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EXHIBIT "C"
DESCHUTES COUNTY PLANNING DIVISION
STAFF REPORT
FILE NUMBER: PA -85-3 and ZC-85-6
HEARING DATE: Wednesday, October 9, 1985
PLACE: Courthouse Annex, Room A
TIME: 7:30 p.m.
APPLICANT: Deschutes County
Courthouse Annex
Bend, Oregon 97701
PROPERTY OWNER: Deschutes County
% Richard Isham, Legal Counsel
Courthouse Annex
Bend, Oregon 97701
SUBJECT:
STAFF FINDINGS:
I. LEGAL FINDINGS:
VOL 70 PAGE 40
An application for a plan amendment from
Medium Density Residential to Limited Rural
Industrial and a zone change from RSR -M,
Rural Service Residential, to RI, Rural
Industrial, on an approximately 91 -acre
parcel located southerly of rin`ley Butte
Road and westerly of the Burlington
Northern Railroad tracks; a plan amendment
from Limited Rural Industrial Reserve to
Limited Rural Industrial, and a zone change
from RR -10, Rural Residential, to RI, Rural
Industrial, on an approximately 88 -acre
parcel located northerly of Foss Road and
westerly of the Burlington Northern
Railroad tracks. The subject property is
further described as portions of tax lot
102 in Sections 13 and 14, Township 22S,
Range 10E.
A. Article VIII of PL -15, the Deshutes County Zoning
Ordinance, states:
"Section 10.010 AUTHORIZATION TO INITIATE AMENDMENTS. An
amendment to the text of this ordinance or to a zoning map
may be initiated by the Board of County Commissioners or
by application of a property owner. The request by a
property owner for an amendment shall be accomplished by
filling an application on forms provided by the Planning
Department."
;Pa -S5-3 �
Illi NJ. -
Page -1- PA -85-3 and ZC-85-6
E70 PAr-F 41
"Section 10.020 PROCEDURE FOR ZONING AMENDMENTS. Action
on proposed zoning text or map amendments s aT-f proceed
according to the terms of County Ordinance 82-011."
"Section 10.025 REZONING STANDARDS. The applicant for a
quasi-judicial rezoning must establish that the public
interest is best served by a rezoning of the property.
Factors to be demonstrated by the applicant are:
(1) That the change conforms with the Comprehensive Plan
and the change is consistent with the Plan's
introductory statement and goals.
(2) That the change in classification for the subject
property is consistent with the purpose and intent of
the proposed zone classification.
(3) That changing the zoning will presently serve the
public health, safety, and welfare considering the
following factors:
a. The availability and efficiency of providing
necessary public services and facilities.
b. The impacts on surrounding land use will be
consistent with the specific goals and policies
contained within the Comprehensive.Plan.
(4) That there has been a change in circumstances since
the property was last zoned or a mistake was made in
the zoning of the property in question."
B. Oregon Administrative Rules (OAR) 660-04-022 (3) states:
"(3) Rural Industrial Development: For the siting of
industrial development on resource land outside an
urban growth boundary, appropriate reasons and facts
include, but are not limited to, the following:
(a) The use is significantly dependent upon a unique
resource located on agricultural or forest land.
Examples of such resources and resource sites
include geothermal wells, mineral or aggregate
deposits, water reservoirs, natural features, or
river or ocean ports, or
(b) The use cannot be located inside an urban growth
boundary due to impacts that are hazardous or
incompatible in densely populated areas, or
(c) The use would have a significant comparative
advantage due to its location (e.g., near
existing industrial activity, an energy
facility, or products available from other rural
Page -2- PA -85-3 and ZC-85-6
VOL 70 FACE 42
activities), which would benefit the county
economy and cause only minimal loss of
productive resource lands. Reasons for such a
decision should include a discussion of the lost
resource productivity and values in relation to
the county's gain from the industrial use and
the specific transportation and resource
advantages which support the decision.
II. BASIC FINDINGS:
1. LOCATION: The subject property is located northerly of
Foss Road, southerly of Finley Butte Road, westerly of the
Burlington Northern Railroad tracks, and is further
described as portions of tax lot 102 in Sections 13 and
14, Township 22S, Range 10E.
2. ZONING: The subject property is currently zoned either
RR -10, Rural Residential, or RSR -M, Rural Service
Residential.
3. COMPREHENSIVE PLAN DESIGNATION: The subject property is
designated as either Limited Rural Industrial, Limited
Rural Industrial Reserve, or Medium Density Residential on
the Deschutes County Comprehensive Plan.
4. SITE DESCRIPTION: The subject property has a generally
level topograpy with a light to heavy cover. -6f lodgepole
pine.
5. The portion of the subject property shown on Tract C on
the attached map is an approximately 91.04 -acre parcel.
The proposed change on this parcel would be for a plan
amendment from Medium Density Residential to Limited Rural
Industrial and a zone change from RSR -M, Rural Service
Residential, to RI, Rural Industrial.
6. Tract E shown on the attached map is an approximately
88.84 -acre parcel. This parcel would require a plan
amendment form Limited Rural Industrial Reserve to Limited
Rural Industrial and a zone change from RR -10, Rural
Residential, to RI, Rural Industrial.
7. The final plat for the LaPine Industrial Site was filed in
January of 1985. This subdivision created parcels from
approximately one acre to sixteen acres in size for
industrial development. The majority of the lots in the
subdivision are approximately two acres in size. There
has been numerous requests for small, industrially zoned
property in the LaPine area.
8. In the LaPine Industrial Site Study, the majority of the
county property located west of the Burlington Northern
Railroad is designated for industrial reserve with
a portion of it designated for residential uses.
Page -3- PA -85-3 and ZC-85-6
VOL 70 PACE 43
9. The subject property is currently vacant of any
structures.
10. Deschutes County has received inquiries from two lumber
manufacturing companies concerning large sites zoned
industrial to lease or buy in the LaPine area.
11. Access to the subject property is off of Foss Road and
Finley Butte Road, both county roads.
12. Any use proposed for either parcel would have to provide
its own water system and effluent disposal system which
complies with Oregon Department of Environmental Quality
standards.
13. The adjoining land to the east is currently zone RI with
some industrial -type uses.
14. The adjoining land to the west is currently zoned RSR -M
with scattered residential uses.
III. CONCLUSIONARY FINDINGS:
A. Conformance with Article VIII of PL -15, the Deschutes
County Zoning Ordinance:
1. The intent of the plan is to provide for adequate
industrial sites in the LaPine core area. -Policy;#32
on page 49 of the Deschutes County Comprehensive Plan
states:
"Identify an industrial area east of the railroad
tracks to allow the development of a better employment
and tax base for the community. The County shall
control the development of this site and provide some
basic infrastructure facilities such as roads. To
help pay for the costs involved and to obtain the most
efficient use of the land, the areas shall be managed
for its timber until needed for industrial use."
Policy #34 states:
"Other existing industrial areas shall receive
industrial zoning and the area between the railroad
tracks and the existing industry on William Foss Road
shall be maintained as an industrial reserve area by
the establishment of a Rural Density Residential
zone."
2. Section 4.220 of PL -15, the Deschutes County Zoning
Ordinance, states:
Page -4- PA -85-3 and ZC-85-6
VOL 70 PACE 44
"The purposes of the Rural Industrial zone are to
encourage employment opportunities in rural areas and
to promote the appropriate economic development of
rural service centers which are rapidly becoming
urbanized and soon to be full-service incorporated
cities, while protecting the existing rural character
of the area as well as preserving or enhancing the
air, water, and land resources of the area."
It is clear that the proposed change to Rural
Industrial in the LaPine area is consistent with the
purpose of the RI zone.
3. The majority of the subject property has been planned
for future industrial uses. The type of facilities to
be located there would generally provide their own
sewer and water services. County roads, as well as
police and fire protection, are already available in
the area. Some expansion of these services may be
necesary.
4. Depending upon the type of
be felt on the residential
Care will be taken during
that any negative impacts
of buffers and the actual
and associated facilities.
business, some impact may
development to the west.
site plan review to ensure
will be minimized by the use
placement of the structures
B. Conformance with OAR 660-04-022:
C.
The subject property has been designated for future
industrial zoning to allow for industrial -type uses which
are compatible and necessary for the LaPine Rural Service
Center. Proposed uses for the industrial area have
included such things as lumber and firewood processing,
which are dependent upon the large amount of dead
lodgepole pine in the area caused by the Mountain Pine
Beetle infestation.
Conformance with the applicable Land Conservation and
Development Commission (LCDC) Goals:
1. Goal 4 - Forest Lands. Although the property is
owe fe—T— if--F'ao aTready been included i n the LaPine
Rural Service Center.
2. Goal 6 - Air, Water, and Land Resources Quality. Any
faci—'lity`to be ocate in -either t e existinq or
proposed industrial areas will be required to meet all
federal, state, and local standards. All applicable
federal, state, and local agencies will have an
opportunity to review the proposals during site plan
review. Conditions of approval will be included in
the site plan decision to ensure these requirements
are met.
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VOL 70 PACE 45
3. Goal 9 - Economy of the State. The establishment of
an in ustria area in`LaPine as been identified in
the Deschutes County Comprehensive Plan to allow for
the development of a better employment base. This
change would be consistent with this goal.
IV. CONCLUSIONS:
A. The proposal is in conformance with Article VIII of PL -15,
the Deschutes County Zoning Ordinance.
B. The proposed changes are in conformance with Oregon
Administrative Rule 660-04-022 (3).
C. The proposal is in conformance with the State of Oregon
Land Conservation and Development Commission Goals.
Based upon the above conclusions, the staff recommends that
the application for a plan amendment and zone change be
approved.
CJS/sw
Page -6- PA -85-3 and ZC-85-6