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Home My WebLink About90-039W-33306 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF An Ordinance Amending Ordinance No. PL -11, the Bend Area General Plan, as Amended, to Allow the Extension of City of Bend Sewer Lines to Property Outside the Urban* Growth Boundary Designated as Destination Resort, Taking an Exception to Statewide Land Use Planning Goal 11 and Declaring an Emergency. ORDINANCE NO. 90-039 e DESCH�"ES COUNTY,' OREGON MIC-10f{LMED Nov 71994 { ..a r2 rTl 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 -11, the Bend Area General Plan, as amended, is further amended by adding to the Bend Area General Plan (Page 53, Public Facilities) the following para- graph: "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." 1 - ORDINANCE NO. 90-039 ,,LAyv 1V N(p cos - 0769 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 CC�P , 1990. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COVNTY, OREGON IS ,RRISTOW PRANTE, Commissioner AT TE T: TOM FTf 00P, C 'r C L Recording Se retary 15rCK MA LIN, C issioner 2 - ORDINANCE NO. 90-039 EXHIBIT 11A11 0770 18 n� T •__• ®I I r t CD to 21 01 do" ofy re g'1 0 Vi N IL D '1%MH01N i—YY N a v a — w.eCL 4 + t 3yw n� I W — N 2 t ( r{ i tW a iH j c # t $ t O • N 1 g n JJ1 r n1 i 11 r'I� < N ' . .� 4 N a S 2 N-- pp I W ^ W — .i N m W`` V) m W L4 aD • { t tn z 1 I I wo- WG S t rt 1 �• y� I • I —� —q N 1 t N ` • I I 18 n� T •__• ®I I r t CD to 21 01 do" ofy ` 18 o ..T.--'T"--T'--�--'r--T--T— w _S t N: „ rx Ns I nY ( •: �i I Nr 1 t l r° I_ I Nt 1 n: I r• —R 1 N I n: t 'All 01 YI SON fK V31�JRt71111 1 O 121A—:sostill r cot» acus a coos 00080 if 311LOS 4 Vi N IL D '1%MH01N i—YY N W — w.eCL 4 N m N y w uWf / LJ N tW a iH W m N N t/ cn \W— fJ W — W N m y o7 y O r'I� < N ' . .� 4 N a S 2 N-- I8 ' $y W W ^ W — .i N m W`` V) m W L4 aD • tn rn N m wo- WG S t rt 1 �• y� I • I N 1 _! { «1flai e� 1f -f @1 N —1 ' Nl Ni n. t •o. t 1 • • rr I L I I oQ =0 W 8ti R •t s 1 I I CI` N n y m f pl ♦, i y�;� g 77dd O C O N N N I � N 8 N co M N g { O 1 8 N 1y I I ` 18 o ..T.--'T"--T'--�--'r--T--T— w _S t N: „ rx Ns I nY ( •: �i I Nr 1 t l r° I_ I Nt 1 n: I r• —R 1 N I n: t 'All 01 YI SON fK V31�JRt71111 1 O 121A—:sostill r cot» acus a coos 00080 if 311LOS EXHIBIT "B" DESCHUTES COUNTY PLANNING DIVISION STAFF REPORT 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 105 - 0771 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 1 105 - 0772 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 a-cknowledged 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 v 0 773 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 3 ios 0774 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 has - 0775 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 5 105 - 0776 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 C� 0777 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 satisfied. CONCLUSIONS AND RECONEWDATIONS 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 HIS - 0778 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 Ma or ATTEST: too * 0779 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. 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 Woods 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. 105 m 0780 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. bf 3/9/88 1115 m 0781 // �� ' / / • it J• ` - \ / /� eN l+-Rfa atlr Cit leu�t �' �—•., J/"� -�� .�. . /1 " Y ! �� "7 .:i'' .PKC "./.. r/ Y I ,e`y° ' GrwH Pflw, w.0 ......--_ C./• cfJ' H Pit ' I Rte. op 1 - `3 Pq,-Y•v' c rf�o.. P�il� •.O 2 c,0a Pit- Fr ,lw „ ev,. I ( �' ♦prix - �•.' f ��. 7�:+ ' j{.0'_ „»• Y -- .• .. • - �---�"—' N ��:: 'I S'XISTING GRAVITY MAIr,�'+i' \"'= -• .. •' - ; . _ T--.�--------- . j `/: ,.•,� I _ b« 7)S)�•' VZ t•° _ I - T A HFI V I LLA G E i N ' �M1 C,rftlHPUw ..•" meH Pll `1 1 r—V•a..•rYs C/) °. 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