PROPOSED FINDINGS OF FACT BENDER URBAN GROWTH BOUNDARY EXPANSION AND ANNEXATION REQUEST April 3, Background

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2 PROPOSED FINDINGS OF FACT BENDER URBAN GROWTH BOUNDARY EXPANSION AND ANNEXATION REQUEST April 3, 2016 Background The owners of TL300, 301, 302, 303, and 304, 3N1027BD - properties abutting the City Limits of Nehalem west of 10th St and north of B St., request that the City of Nehalem expand its UGB to include those properties per the attached map, and annex that area into the City. The requested zoning is the abutting RM Medium Density Residential zone, as it is consistent with existing city zoning, allows normal residential uses, and establishes conditional use review of potential special siting needs. A group of local residents wishes to establish a Senior Citizens Aging in Place facility in Nehalem. This is a new kind of needed housing which promises better quality of life for aging seniors and can help improve the affordability of housing for a major segment of the community. This group of tax lots is well suited to meet the locational needs, listed below. The project will occupy just over 4 acres, with living units comprised of shared and individual dwellings, clustering the dwellings and shared services in the optimum part of the property. Homes will be offered as studio to 2- bedroom. Price range for living units will be $ k. All living units will be owned by residents. The development will include common facilities for the community to share, and include a community house with commercial kitchen, dining room, laundry, library/quiet space and guest space; a woodshop/workshop and art studio; and sports/equiipment storage. A community garden, walking paths, open space and outdoor parking, and other amenities are proposed. The overall area of these taxlots is 10.6 acres. The western 6.25 acres, containing a ravine of old growth trees, is proposed for donation to the Lower Nehalem Community Trust, and can provide open space for the project. If retained as part of the project, deed restrictions will be put in place to prevent further development in that area. It will be privately owned and no burden to the city. The remaining 4.35 acres will be used for housing, including a.7 acre existing easement granted to the City of Nehalem for access to the city water storage tank. Subtracting space for the existing community garden, outdoor parking and storage, the community house and walking paths, leaves 77,000 sq.ft. for housing, which can accommodate 10 duplex lots with up to 20 living units. 1

3 CONFORMANCE WITH CITY OF NEHALEM COMPREHENSIVE PLAN POLICIES: Section Citizen Involvement Goal 1. To provide all city residents an opportunity to be involved in the City s planning decisions. In accordance with Policies 1 through 5, the proposal is consistent with the policies in that public hearings are required at both the City and County Planning Commissions and governing bodies, and will be carried out in accordance with Oregon law. Section Comprehensive Plan Procedure The process is intended to conform to both the City and Tillamook County requirements for Comprehensive Plan amendments. Section Natural Features Goal 1. To foster high quality development consistent with the natural environment. The proposal is to develop a small portion of the property and leave over 6 acres in perpetual open space. The residential and common uses will be built on the east side of the property closer to existing residential uses. The development will be of high quality, designed by an architect and built to respect the natural environment. Section Recreation and Open Space The 6.25 acres of open space to be dedicated to the Land Trust will contain hiking trails for residents of the development as well as the general public. The development will maintain a community garden for residents and other amenities, and the North Coast Recreation District facilities are nearby. Section Air and Water Quality Goal 1. To maintain, and where necessary, improve the City s air and water resources. The development will protect air quality by clustering development on a small portion of the property, and by preserving old growth trees on the over six acres to be donated to the land trust. Homeowners will be able to walk to many services such as the recreation center and the commercial area in downtown Nehalem. Construction will take place with care so as to avoid erosion and sedimentation. 2

4 Section Housing Goal 1. To provide for housing which will meet the needs of a variety of age and income groups. Policy 1. The City will zone adequate land to meet identified future housing needs for a broad range of housing types. This identified housing need has specified characteristics for suitable land: * Land above MSLs shown in tsunami inundation map and global warming map from the BLI, to avoid natural hazards such as tsunami inundation and global warming to eliminate need for for seniors to evacuate * Flat enough topography for accessible housing * Affordable * Non- resource land, non- wetland * Having power and city water immediately available, solar access for energy * Minimal impact on utility needs with energy/water- efficient designs available for the property permitting major reduction in energy use. * Being within 2 blocks of the school, senior meals, post office, community center, and emergency evacuation center * Close to the downtown and urgent care facilities * Proximity to sewer, schools, etc. Only these Tax Lots 300 have capability of meeting these criteria as the site for this project. Tax lots 300 have 4 sewer access points within 400', new city water lines transecting the property, a PUD substation abutting on the west with undergrounded power lines on site, and good solar access. The UGB must be based on the adopted 20- year population forecast for the urban area described in OAR , and must provide for needed housing. See ORS below, for definition of needed housing. It establishes that gross land availability is not adequate to meet housing needs, but that the availability of land to provide housing at all needed price and rent levels is required. The 2007 Buildable Lands Inventory showed a severe shortage of land availability at prices needed to provide housing for a major proportion of the community. This was even more clearly shown by the "last 12 months" actual market analysis that we performed in conjunction with the study. The BLI results demonstrated a shortage of needed land at prices necessary to meet the need of 40% or 70% of the community. Current demographic information indicates a median age of 52.8 years for Nehalem residents in contrast to Oregon's 38.4 years. Residents age 60+ are 41% of the city population. Housing for seniors has special needs - locational, accessibility, proximity, security, and is an identified need in the community. 3

5 The Aging in Place concept is gaining popularity across the country, but has not been widely used on the Oregon Coast. These taxlots are the only property that can satisfy this need. It is well away from areas subject to tsunami or global warming threats, is close to services, has good views and good solar access. Section Economics Goal 1. Improve the Economic Base of the Community The development of up to 20 housing units will be built by local contractors using locally sourced materials, and add several million dollars to the City s tax base. The dwellings will be owned and occupied by permanent residents who will contribute to the local economy in many ways. The land is not being used for or is suitable for forestry or agriculture, or needed for commercial or industrial use. Section Energy Goal 1. To conserve energy. The project will be designed to be sustainable utilizing energy efficient construction, including solar panels to generate electricity. Section Transportation Goal 1. To provide and encourage a safe, convenient and economic transportation system. The location is within easy walking distance of many services and commercial areas, as well as bus stops for public transportation. It will not require development of new roads or access points onto US 101. Section Urban Growth Boundary Goal 1. Coordinate land use, development and annexation strategies with Tillamook County. The application has been made jointly to the City of Nehalem and Tillamook County. Conversion of Resource Lands The property is zoned rural residential in Tillamook County, and is not currently being used for agricultural or forestry purposes. Therefore, no exception to Goals 3 or 4 would be necessary. The portion to be donated to the Land Trust will remain as a forest for habitat protection and recreation, including a trail system. 4

6 Site Suitability The property is better suited to the purposes allowed by the proposed change than it is to the purposes of the existing zone. The increased density will benefit the City of Nehalem by increasing the assessed value of the City and providing more affordable housing options. The forested area is very steep and accessible from other Land Trust properties, and the cleared area is adjacent to an existing residential area and committed to development. Impact on Legally Designated Uses of Neighboring Properties The proposed development will be compatible with surrounding development, including the City s water reservoir and neighboring residences. The City and TPUD will retain easements across the property. Residents will utilize 10 th Street for vehicular traffic, and will be able to walk to downtown. CONFORMANCE WITH OAR 660+ ORS : OAR 660, Div (1): "must provide for needed housing" This request for UGB expansion is for a specific category of needed housing (Senior Aging in Place) that has been identified nationally since the last Nehalem Comprehensive Plan update. * The Benefits of Aging in Place, Jane B. Clark, Kiplinger, Aug * Measuring the Costs and Savings of Aging in Place, HUD USER, Fall 2013 * 8 Smart Ideas People Have Had About Aging In Place, HuffPost, March 2015 * As senior population grows, aging in place gains popularity: Communities conducting outreach, The Nation's Health, Oct Nehalem's median age = 52.8 years, vs. Oregon's 38.4 years. (US Census Bureau) Residents age 60+ = 41% of Nehalem population (US Census Bureau) Nehalem, Manzanita and Wheeler cities have an estimated population of age 60+ years of 419 people. (US Census Bureau) 0040(3): A local government may review and amend the UGB in consideration of one category of land need (for example, housing need) without a simultaneous review and amendment in consideration of other categories of land need (for example, employment need). This request is to amend the UGB in consideration of one specific category of land need - for Senior Aging in Place housing. This identified housing need has specified characteristics for suitable land: 5

7 * Land above MSLs shown in tsunami inundation map and global warming map from the BLI, to avoid natural hazards such as tsunami inundation and global warming to eliminate need for seniors to evacuate * Flat enough topography for accessible housing * Affordable land cost * Non- resource land, non- wetland * Having power and city water immediately available, solar access for energy * Minimal impact on utility needs, with energy/water- efficient designs available for the property permitting major reduction in energy use * Being within 2 blocks of the school, senior meals, post office, community center, emergency evacuation center, swimming pool, theater * Close to the downtown and urgent care facilities * Proximity to sewer, schools, etc. 0050: (1) When evaluating or amending a UGB, a local government must inventory land inside the UGB to determine whether there is adequate development capacity to accommodate 20- year needs determined in OAR For residential land, the buildable land inventory must include vacant and redevelopable land, and be conducted in accordance with OAR or , whichever is applicable, and ORS for local governments subject to that statute. There is no land inside the UGB which meets the locational needs (above) for this category of needed housing: REVIEW OF AVAILABLE LAND: A review was made of Vacant and Partially Vacant Parcels, Buildable Lands and Zoning, and Buildable Land and Environmental Restraints from the 2007 Buildable Lands Inventory, plus the Tsunami Inundation and Global Warming maps from the BLI, and also MLS listings of vacant property in the Nehalem area since Inside the UGB: Bayside Gardens and areas west of the City Limits were excluded because of lack of proximity, wetlands, and potential flooding. The Northfork Rd. area beyond the city limits was excluded because of lack of proximity, some potential flooding, and steep slopes. The area south of Hugo Lane was excluded because of lack of proximity, slope and stability issues. Nehalem Point also already exceeds the number of allowable homes for its single access road, and remaining lots are unaffordable to build on. Parcels remaining with potential area for this housing need included Hilltop Estates Tract C & D and Hilltop Estates Replat 3N1027AB. These parcels exceed the desired distance from community facilities, and have some stability and access durability issues. They do not have access roads required for additional housing. Extensive new electric distribution lines would be needed from the TPUD substation. 6

8 The Kline parcel brought into city in 2015 is Forest Preserve, and is excluded from this use (Parcel 1 and Parcel 2 of Partition Plat ). (4) If the inventory demonstrates that the development capacity of land inside the UGB is inadequate to accommodate the estimated 20- year needs determined under OAR , the local government must amend the plan to satisfy the need deficiency, either by increasing the development capacity of land already inside the city or by expanding the UGB, or both, and in accordance with ORS where applicable. Prior to expanding the UGB, a local government must demonstrate that the estimated needs cannot reasonably be accommodated on land already inside the UGB. Review (above) of land already inside the city that does meet the locational requirements of this land use is already developed and in small parcels not viable for the need. Available land inside the UGB does not meet locational requirements for the need (above). (5) When land is added to the UGB, the local government must assign appropriate urban plan designations to the added land, consistent with the need determination. The local government must also apply appropriate zoning to the added land consistent with the plan designation, or may maintain the land as urbanizable land either by retaining the zoning that was assigned prior to inclusion in the boundary or by applying other interim zoning that maintains the land's potential for planned urban development until the land is rezoned for the planned urban uses. The RM zone (same as neighboring properties) meets these specific project needs at standard urban density, and allows for conditional use review to accommodate specific detailed project needs as project's physical plan is refined Boundary Location Alternatives Analysis: (1) When considering a UGB amendment, a local government must determine which land to add by evaluating alternative boundary locations. This determination must be consistent with the priority of land specified in ORS and the boundary location factors of Goal 14, as follows: (a) Beginning with the highest priority of land available, a local government must determine which land in that priority is suitable to accommodate the need deficiency determined under (b) If the amount of suitable land in the first priority category exceeds the amount necessary to satisfy the need deficiency, a local government must apply the location factors of Goal 14 to choose which land in that priority to include in the UGB. 7

9 (c) If the amount of suitable land in the first priority category is not adequate to satisfy the identified need deficiency, a local government must determine which land in the next priority is suitable to accommodate the remaining need, and proceed using the same method specified in subsections (a) and (b) of this section until the land need is accommodated. (e) For purposes of this rule, the determination of suitable land to accommodate land needs must include consideration of any suitability characteristics specified under section (5) of this rule, as well as other provisions of law applicable in determining whether land is buildable or suitable. (2) Notwithstanding OAR (4) and subsection (1)(c) of this rule, except during periodic review or other legislative review of the UGB, a local government may approve an application under ORS to for a UGB amendment proposing to add an amount of land less than necessary to satisfy the land need deficiency determined under OAR (4), provided the amendment complies with all other applicable requirements. (3) The boundary location factors of Goal 14 are not independent criteria. When the factors are applied to compare alternative boundary locations and to determine the UGB location, a local government must show that all the factors were considered and balanced. (4) In determining alternative land for evaluation under ORS , "land adjacent to the UGB" is not limited to those lots or parcels that abut the UGB, but also includes land in the vicinity of the UGB that has a reasonable potential to satisfy the identified need deficiency. (5) If a local government has specified characteristics such as parcel size, topography, or proximity that are necessary for land to be suitable for an identified need, the local government may limit its consideration to land that has the specified characteristics when it conducts the boundary location alternatives analysis and applies ORS The specified characteristics for this identified need are stated above. The only properties which meets those characteristics are those identified in this application. Taxlots 300 have 4 sewer access points within 400', new city water lines transecting the property, a PUD substation abutting on the west with undergrounded power lines on site, and good solar access. Taxlots 300 meet exactly the area requirements of the identified housing need. The only other parcels outside the UGB with potential proximity are Taxlots 900, 3N1027. These parcels exceed the desired distance from community facilities, and do not have sewer access. We were informed by the city that these properties do not have legal access and are therefore excluded from consideration. 8

10 UGB Adjustments (1) A local government may adjust the UGB at any time to better achieve the purposes of Goal 14 and this division. Such adjustment may occur by adding or removing land from the UGB, or by exchanging land inside the UGB for land outside the UGB. The requirements of Goal 14, this division, and ORS apply when land is added to the UGB, including land added in exchange for land removed. The requirements of ORS may also apply when land is added to a UGB, as specified in that statute. ORS : Priority of land to be included within urban growth boundary (1) In addition to any requirements established by rule addressing urbanization, land may not be included within an urban growth boundary except under the following priorities: (a) First priority is land that is designated urban reserve land under ORS (Urban reserves), rule or metropolitan service district action plan. (b) If land under paragraph (a) of this subsection is inadequate to accommodate the amount of land needed, second priority is land adjacent to an urban growth boundary that is identified in an acknowledged comprehensive plan as an exception area or nonresource land. Second priority may include resource land that is completely surrounded by exception areas unless such resource land is high- value farmland as described in ORS (High- value farmland description for ORS ). Nehalem has no urban reserve land nor exception areas. These 10th St properties are nonresource land. ATTACHMENTS: 1. Legal description of property 2. Survey of existing partitions of property 3. LNCT/10th St schematic partition 4. 10th St. Proximity to Nehalem resources for seniors Manzanita Tsunami Inundation Map BLI Global Warming Inundation for Nehalem 9

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14 Proximity of 10th St. properties (labeled "Neahcasa Land") to Nehalem resources for seniors: 2012 Manzanita Tsunami Inundation Map:

15 Nehalem Global Warming Inundation of Nehalem UGB, from appendix of 2007 Buildable Lands Inventory: