BOCC MEETING AGENDA

Deschutes County Board of Commissioners

1300 NW Wall St, Bend, OR 97703

(541) 388-6570 – www.deschutes.org

BOCC MEETING AGENDA

DESCHUTES COUNTY BOARD OF COMMISSIONERS

10:00 AM, WEDNESDAY, JULY 15, 2020

Barnes Sawyer Rooms - Deschutes Services Center – 1300 NW Wall Street – Bend

Board of Commissioners BOCC Meeting Agenda Wednesday, July 15, 2020 Page 1 of 4

This meeting is open to the public, usually streamed live online and video recorded. To watch it online, visit

www.deschutes.org/meetings.

Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or

discussed. This notice does not limit the Board’s ability to address other topics.

Item start times are estimated and subject to change without notice.

CALL TO ORDER

MEETING FORMAT

In response to the COVID-19 public health emergency, Oregon Governor Kate Brown issued Executive Order

20-16 directing government entities to utilize virtual meetings whenever possible and to take necessary

measures to facilitate public participation in these virtual meetings.

Beginning on May 4, 2020, meetings and hearings of the Deschutes County Board of Commissioners will be

conducted in a virtual format. Attendance/Participation options include:

Live Stream Video: Members of the public may still view the BOCC meetings/hearings in real time via the

Public Meeting Portal at www.deschutes.org/meetings.

Citizen Input: Citizen Input is invited in order to provide the public with an opportunity to comment on any

meeting topic that is not on the current agenda. Citizen Input is provided by submitting an email to:

[email protected] or by leaving a voice message at 541-385-1734. Citizen input received before

the start of the meeting will be included in the meeting record.

Zoom Meeting Information: Staff and citizens that are presenting agenda items to the Board for

consideration or who are planning to testify in a scheduled public hearing may participate via Zoom

meeting. The Zoom meeting id and password will be included in either the public hearing materials or

through a meeting invite once your agenda item has been included on the agenda. Upon entering the

Zoom meeting, you will automatically be placed on hold and in the waiting room. Once you are ready to

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http://www.deschutes.org/meetings


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present your agenda item, you will be unmuted and placed in the spotlight for your presentation. If you are

providing testimony during a hearing, you will be placed in the waiting room until the time of testimony,

staff will announce your name and unmute your connection to be invited for testimony. Detailed

instructions will be included in the public hearing materials and will be announced at the outset of the

public hearing.

PLEDGE OF ALLEGIANCE

CITIZEN INPUT (for items not on this Agenda)

[Note: Because COVID-19 restrictions may limit or preclude in person attendance, citizen input comments

may be emailed to [email protected] or you may leave a brief voicemail at 541.385.1734. To be

timely, citizen input must be received by 9:00am on the day of the meeting.]

CONSENT AGENDA

1. Consideration of Board Signature of Document No. 2020-459, Execute New Lease

with Peltier Real Estate Company and Board Signature of Document No. 2020-440

to Execute Termination Agreement with La Pine Disposal & Recycling, Inc.

2. Consideration of Board Signature to Thank Darek Staab of Deschutes River

Mitigation and Enhancement Committee

3. Consideration of Board Signature to Appoint Shaun Pigott to Deschutes River


4. Consideration of Board Signature to Re-Appoint William Seitz to Deschutes River


5. Consideration of Board Signature to Re- Appoint Craig Horrell to Deschutes River


6. Consideration of Board Signature to Re- Appoint Kate Fitzpatrick to Deschutes River


7. Approval of Minutes of the June 1, 2020 BOCC Meeting






ACTION ITEMS

11. 10:05 AM COVID19 Update

12. 10:15 AM Consideration of IMPACTS Grant Acceptance to Permit Extension of

Deschutes County Stabilization Center Hours to 24/7 for a Period of

Two Years. - Holly Harris,

13. 10:25 AM Statewide Transportation Improvement Fund (STIF) Update and

Project Modification Request - Whitney Hale, Communications Director

14. 10:45 AM General Election Logistics - Nancy Blankenship, County Clerk and

Stephen Dennison, Elections/Recording Supervisor

15. 11:00 AM Consideration of Acceptance of SAMHSA Grant Funds for

Comprehensive Community System of Care Expansion of Services for

Children with Serious Emotional Disturbances - Elizabeth Holden,

Behavioral Health Manager

16. 11:10 AM Board letter of support to City of La Pine for the City's $250,000 TGM

grant application to do area planning for 368 acres of County-owned

property in New Neighborhood - Peter Russell, Senior Planner

17. 11:20 AM PUBLIC HEARING: Nonprime Resource Land Amendments - Zechariah

Heck, Associate Planner

LUNCH RECESS

18. 1:00 PM PUBLIC HEARING: Housekeeping Amendments - Zechariah Heck,

Associate Planner

19. 2:00 PM Public Hearing on Annexations into West La Pine Livestock - John

Laherty, Add-On

OTHER ITEMS

These can be any items not included on the agenda that the Commissioners wish to discuss as part of

the meeting, pursuant to ORS 192.640.


EXECUTIVE SESSION

At any time during the meeting, an executive session could be called to address issues relating to ORS

192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor

negotiations; ORS 192.660(2)(b), personnel issues; or other executive session categories.

Executive sessions are closed to the public; however, with few exceptions and under specific guidelines,

are open to the media.

Executive Session under ORS 192.660 (2) (d) Labor Negotiations, ORS 192.660 (2) (h)

Litigation, and ORS 192.660 (2) (e) Real Property

ADJOURN

To watch this meeting on line, go to: www.deschutes.org/meetings

Please note that the video will not show up until recording begins. You can also view past

meetings on video by selecting the date shown on the website calendar.

Deschutes County encourages persons with disabilities to participate in all programs

and activities. This event/location is accessible to people with disabilities. If you need

accommodations to make participation possible, please call (541) 617-4747.

FUTURE MEETINGS:

Additional meeting dates available at www.deschutes.org/meetingcalendar

(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of

Commissioners’ meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions

regarding a meeting, please call 388-6572.)


http://www.deschutes.org/meetingcalendar



(541) 388-6570 – Fax (541) 385-3202 – https://www.deschutes.org/

AGENDA REQUEST & STAFF REPORT

For Board of Commissioners BOCC Wednesday Meeting of July 15, 2020

DATE: July 2, 2020

FROM: Kristie Bollinger, Property Management, 541-385-1414

TITLE OF AGENDA ITEM:

Consideration of Board Signature of Document No. 2020-459, Execute New Lease with

Peltier Real Estate Company and Board Signature of Document No. 2020-440 to Execute

Termination Agreement with La Pine Disposal & Recycling, Inc.

RECOMMENDATION & ACTION REQUESTED:

Staff recommends your Board approve and the proposed new (revised) lease with Peltier

Real Estate Company for an initial 3-year term with an optional 2-year renewal extension

at a starting rate of $710/month with 3% annual increases for County-owned property

described above.

BACKGROUND AND POLICY IMPLICATIONS: Deschutes County owns property consisting of approximately 3-acres in the designated La Pine Industrial area leased by La Pine Disposal & Recycling, Inc. since 2010 at $410/month with a current lease expiration date of October 31, 2021. The lease includes: 1-acre known as map and taxlot 221013C000200 located at 16869 Finley Butte Road; 1-acre known as map and taxlot 220113C000300 located at 16857 Finley Butte Road; 1-acre of the northern portion of map and tax lot 221013C000700 located at 51365 Russell Road.

On June 3, 2020, by Order Number 2020-028, your Board authorized Transferring Solid Waste Franchises and Consenting to Identified Assignment, which in essence approved the solid waste franchise transfer from La Pine Disposal & Recycling, Inc. to Republic Services.

On June 22, 2020, your Board authorized a new lease with Peltier Real Estate Company, which is the real estate holding company for Republic Services; 3-year lease term through June 30, 2023 at $710/month with 3% annual increases and an optional 2-year renew extension. The use of the property will consist of parking and storage of vehicles and equipment associated with the lessee’s disposal business. Following the June 22, 2020 meeting, Peltier Real Estate Company contacted Deschutes County Property Management to request an adjustment to the leased area from 3-acres to 2.25-acres. The reason for the adjustment is due to the historical solid waste on a portion of the property. Though the

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revised lease would include less acreage, Peltier has agreed to pay the same rate of $710/month with 3% annual increases. FISCAL IMPLICATIONS: The following outlines anticipated monthly and annual payments through the initial 3-year lease term and optional 2-year renewal extension. In accordance with the Intergovernmental Agreement executed on October 25, 2019 between the County and the City of La Pine, all transactions are split 50% County and 50% City. Year-1 $710/month or $8,520/annually Year-2 $731/month or $8,772/annually Year-3 $753/month or $9,036/annually Year-4 $775/month or $9,300/annually -optional renewal extension Year-5 $799/month or $9,588/annually -optional renewal extension ATTENDANCE: Kristie Bollinger

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DATE: July 9, 2020

FROM: Holly Harris, Health Services,


Consideration of IMPACTS Grant Acceptance to Permit Extension of Deschutes County

Stabilization Center Hours to 24/7 for a Period of Two Years.

ATTENDANCE: Holly Harris, Behavioral Health Manager

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2577 NE Courtney Drive, Bend, Oregon 97701

(541) 322-7500 healthservices@deschutes .org www.deschutes.org/health

HEALTH SERVICES · BEHAVIORAL HEALTH

July 10, 2020

To Whom It May Concern,

Deschutes County Health Services was awarded $2,403,519.52 for the biennium from the Oregon Criminal Justice

Commission IMPACTS grant.

In 2019, the Oregon Legislature passed Senate Bill (SB) 973, which created the Improving People’s Access to

Community-Based Treatment, Supports, and Services (IMPACTS) Program. This legislation was informed by a

statewide Behavioral Health Justice Reinvestment Steering Committee, organized in 2018, which used a data-driven

approach to examine ways to improve outcomes for individuals who are frequent utilizers of both behavioral health

and criminal justice resources.

Informed by the analysis of the Steering Committee, the IMPACTS Program was enacted in recognition of the shortage of comprehensive community supports and services for individuals with mental health or substance use disorders, leading to their involvement with the criminal justice system, hospitalizations, and institutional placements. The purpose of the IMPACTS Program is to address this need by awarding grants to Oregon counties and federally recognized tribal governments to establish evidence-based and tribal-based programs to provide needed supports and services in local communities. The IMPACTS grant “target population” is defined as individuals who receive services and supports funded through the IMPACTS Program, have one or more behavioral health disorders, and are booked into a jail an average of four or more times in a one-year period or are high utilizers of criminal justice resources, hospital or urgent healthcare resources, or institutional placements. With the award of these grant funds, Deschutes County Health Services will enhance the staffing at the Deschutes County Stabilization Center and operate 24 hours a day, 7 days a week. Doing this would allow us to provide the full array of services, including 23-hour respite, which would enhance our ability to divert individuals from the emergency department and the jail. In addition, these funds will provide a Case Manager and a Peer Support Specialist to the

Forensic Assertive Community Treatment (FACT) Team who will work to divert individuals with mental health issues who are committing low level crimes out of the criminal justice system. DCHS is requesting approval to accept this grant award and hire 11 FTE. Thank you for your consideration. Sincerely, Holly

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DATE: June 17, 2020

FROM: Whitney Hale, Administrative Services, 541-330-4640


Statewide Transportation Improvement Fund (STIF) Update and Project Modification

Request

BACKGROUND AND POLICY IMPLICATIONS:

Andrea Breault, Interim Transportation Director for Cascades East Transit (CET), will provide the

Board an update on implementation of Deschutes County's Statewide Transportation

Improvement Fund (STIF) projects and will also request Board consideration of moving funding

from STIF Project #40 to STIF Project #26.

As background, Section 122 of HB 2017 Transportation Funding Package established a new

dedicated source of funding for improving or expanding public transportation service in Oregon.

This new funding source is called the Statewide Transportation Improvement Fund, or STIF. The

Oregon "transit tax" is a state payroll tax equal to one-tenth of 1 percent. The Transit Tax is the

sole revenue source for STIF.

Deschutes County’s STIF plan was approved by ODOT in September 2019.

STIF Project #26 provides $200,000 worth of funding to replace CET's fleet technology

system. This technology system will allow CET to implement new micro-transit service

models, real-time transit information, mobile applications and same-day reservations.

CET is currently requesting proposals for this new technology system and finding out that

the costs exceed what was projected in the STIF Plan. Therefore, CET is requesting BOCC

support to move $270,000 from STIF Project #40, which calls for "Support for On-Demand

Dispatch Technology" to Project #26.

Project #40 calls for building a first/last mile transit service, to address concerns on

connectivity and micro-mobility. Unfortunately, execution of Project #40 is not possible

without Project #26 being fully implemented. Specifically, the technology which allows for

the first/last mile reservation system is embedded in Project #26.

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FISCAL IMPLICATIONS: None

ATTENDANCE: Andrea Breault, Cascades East Transit

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DATE: July 6, 2020

FROM: Elizabeth Holden, Health Services,


Consideration of Acceptance of SAMHSA Grant Funds for Comprehensive Community

System of Care Expansion of Services for Children with Serious Emotional Disturbances


Staff request approval to accept the grant award.


On April 3, 2019, the Board of County Commissioners approved Deschutes County Health Services’ (DCHS) request to apply for Substance Abuse and Mental Health Administration’s (SAMHSA) Grants for Expansion and Sustainability of the Comprehensive Community Mental Health Services for Children with Serious Emotional Disturbances. On June, 22, 2020, DCHS received notice from SAMHSA that we have been awarded this grant. These grant funds will help DCHS's Intensive Youth Services program meet contractual requirements for standing up the System of Care governance initiative. The additional FTE will enable us to meet fidelity requirements for the integration of first episode psychosis and young adult services into the system of care and will allow us to meet Wraparound Fidelity staff ratios. The contractual requirement is 15 clients to one care coordinator, while our Intensive Youth Services staff-to-client ratio averages 25 clients to one care coordinator.

FISCAL IMPLICATIONS:

The grant award is $1,000,000 per year for four years, from August 31, 2020 to August 30, 2024. Grant award recipients are required to provide the statutory match of $3 Federal to $ 1 non Federal. Matching resources may be in cash or in-kind; existing FTE may be contributed as in kind match. DCHS intends to apply existing program salaries as the -kind match. The key personnel for this program will be the local Project Director and the Lead Family Coordinator. Both of these positions are existing staff. Six additional FTE will support the delivery of Wraparound services, and data collection and analysis. Grant funds will also cover the purchase of two vehicles, training and supplies, and contract dollars for youth crisis services provided by current contractor.

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FTE associated with this grant:

• 1.0 FTE BH Supervisor as Project Director (existing staff, in-kind match) • 1.0 FTE BHS I Lead Family Care Coordinator (existing staff, in-kind match) • 1.0 FTE Clinical Information Systems Analyst (additional FTE requested) • 2.0 FTE BHS I Care Coordinators (additional FTE requested) • 3.0 FTE Peer Support Specialist (additional FTE requested)

ATTENDANCE: Elizabeth Renteria Holden, Comprehensive Care for Youth and Families

Program Manager

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Notice of AwardSystem of Care Expansion and Sustainability Grants Issue Date: 06/22/2020Department of Health and Human ServicesSubstance Abuse and Mental Health Services Administration

Center for Mental Health Services

Grant Number: 1H79SM082952-01 FAIN: H79SM082952Program Director: Elizabeth Holden

Project Title: Deschutes County Comprehensive Community System of Care Expansion of Services for Children with Serious Emotional Disturbances

Organization Name: COUNTY OF DESCHUTES

Business Official: Dr. George Conway

Business Official e-mail address: [email protected]

Budget Period: 08/31/2020 – 08/30/2021Project Period: 08/31/2020 – 08/30/2024

Dear Grantee:

The Substance Abuse and Mental Health Services Administration hereby awards a grant in the amount of $1,000,000 (see “Award Calculation” in Section I and “Terms and Conditions” in Section III) to COUNTY OF DESCHUTES in support of the above referenced project. This award is pursuant to the authority of Sections 561-565 of the PHS Act, as amended and is subject to the requirements of this statute and regulation and of other referenced, incorporated or attached terms and conditions.

Award recipients may access the SAMHSA website at www.samhsa.gov (click on “Grants” then SAMHSA Grants Management), which provides information relating to the Division of Payment Management System, HHS Division of Cost Allocation and Postaward Administration Requirements. Please use your grant number for reference.

Acceptance of this award including the “Terms and Conditions” is acknowledged by the grantee when funds are drawn down or otherwise obtained from the grant payment system.

If you have any questions about this award, please contact your Grants Management Specialist and your Government Project Officer listed in your terms and conditions.

Sincerely yours,Eileen BermudezGrants Management OfficerDivision of Grants Management

See additional information below

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SAMHSA NGA D | Version: 103 - 01/17/2020 14:37:00 | Generated on: 06/22/2020 00:02:33

SECTION I – AWARD DATA – 1H79SM082952-01

Award Calculation (U.S. Dollars)Personnel(non-research) $425,695Fringe Benefits $272,233Equipment $58,000Travel $6,258Supplies $14,088Contractual $45,000Other $93,420

Direct Cost $914,694Indirect Cost $85,306Approved Budget $1,430,398Federal Share $1,000,000Non-Federal Share $430,398Cumulative Prior Awards for this Budget Period $0

AMOUNT OF THIS ACTION (FEDERAL SHARE) $1,000,000

SUMMARY TOTALS FOR ALL YEARSYR AMOUNT1 $1,000,0002 $1,000,0003 $1,000,0004 $1,000,000

*Recommended future year total cost support, subject to the availability of funds and satisfactory progress of the project.

Fiscal Information:CFDA Number: 93.104EIN: 1936002292A4Document Number: 20SM82952AFiscal Year: 2020

IC CAN AmountSM C96J558 $1,000,000

IC CAN 2020 2021 2022 2023SM C96J558 $1,000,000 $1,000,000 $1,000,000 $1,000,000

SM Administrative Data:PCC: CMHI20 / OC: 4145

SECTION II – PAYMENT/HOTLINE INFORMATION – 1H79SM082952-01

Payments under this award will be made available through the HHS Payment Management System (PMS). PMS is a centralized grants payment and cash management system, operated by the HHS Program Support Center (PSC), Division of Payment Management (DPM). Inquiries regarding payment should be directed to: The Division of Payment Management System, PO Box 6021, Rockville, MD 20852, Help Desk Support – Telephone Number: 1-877-614-5533.

The HHS Inspector General maintains a toll-free hotline for receiving information concerning

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fraud, waste, or abuse under grants and cooperative agreements. The telephone number is: 1-800-HHS-TIPS (1-800-447-8477). The mailing address is: Office of Inspector General, Department of Health and Human Services, Attn: HOTLINE, 330 Independence Ave., SW, Washington, DC 20201.

SECTION III – TERMS AND CONDITIONS – 1H79SM082952-01

This award is based on the application submitted to, and as approved by, SAMHSA on the above-title project and is subject to the terms and conditions incorporated either directly or by reference in the following:

a. The grant program legislation and program regulation cited in this Notice of Award.b. The restrictions on the expenditure of federal funds in appropriations acts to the extent

those restrictions are pertinent to the award.c. 45 CFR Part 75 as applicable.d. The HHS Grants Policy Statement.e. This award notice, INCLUDING THE TERMS AND CONDITIONS CITED BELOW.

Treatment of Program Income:Use of program income – Additive: Recipients will add program income to funds committed to the project to further eligible project objectives. Sub-recipients that are for-profit commercial organizations under the same award must use the deductive alternative and reduce their subaward by the amount of program income earned.

In accordance with the regulatory requirements provided at 45 CFR 75.113 and Appendix XII to 45 CFR Part 75, recipients that have currently active Federal grants, cooperative agreements, and procurement contracts with cumulative total value greater than $10,000,000 must report and maintain information in the System for Award Management (SAM) about civil, criminal, and administrative proceedings in connection with the award or performance of a Federal award that reached final disposition within the most recent five-year period. The recipient must also make semiannual disclosures regarding such proceedings. Proceedings information will be made publicly available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)). Full reporting requirements and procedures are found in Appendix XII to 45 CFR Part 75.

SECTION IV – SM Special Terms and Conditions – 1H79SM082952-01

REMARKS

New Award1. This Notice of Award (NoA) is issued to inform your organization that the application submitted through the funding opportunity Grants for Expansion and Sustainability of the Comprehensive Community Mental Health Services for Children and Families Program with Serious Emotional Disturbances (FOA SM20-007) has been selected for funding.

This award reflects conditional approval of the budget submitted January 27, 2020 as part of the application by your organization.

2. Recipients are expected to plan their work to ensure that funds are expended within the 12-month budget period reflected on this Notice of Award. If activities proposed in the approved budget cannot be completed within the current budget period, SAMHSA cannot guarantee the approval of any request for carryover of remaining unobligated funding.

3. All responses to award terms and conditions and post award amendment requests must be submitted as .pdf documents in eRA Commons. For more information on how to

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respond to tracked terms and conditions or how to submit a post award amendment request please refer to https://www.samhsa.gov/grants/grants-training-materials under heading Grant Management Reference Materials for Grantees.

4. Register Program Director/Project Director (PD) in eRA Commons:If you have not already done so, you must register the PD listed on the HHS Checklist in eRA Commons to assign a Commons ID. Once the PD has received their Commons ID, please send this information to your Grants Management Specialist. You can find additional information about the eRA Commons registration process at https://era.nih.gov/reg_accounts/register_commons.cfm.

5. Key Staff

Key staff (or key staff positions, if staff has not been selected) are listed below:

Elizabeth Renteria Holden, Project Director @ 100% level of effort

Suzanne Garliepp, Lead Family Coordinator @ 100% level of effort

Organizations receiving Federal Funds may not exceed 100% level of effort for any program staff member (Key Staff or otherwise) across all federally funded sources.

Any changes to key staff—including level of effort involving separation from the project for more than three months or a 25 percent reduction in time dedicated to the project—requires prior approval and must be submitted as a post-award amendment in eRA Commons.

For additional information on how to submit a post-award amendment, please visit the SAMHSA website: https://www.samhsa.gov/grants/grants-management/post-award-changes. Any technical questions regarding the submission process should be directed to the eRA Service Desk: http://grants.nih.gov/support/.

SPECIAL TERMS

Risk AssessmentThe Office of Financial Advisory Services (OFAS), SAMHSA may perform an administrative review of your organization’s financial management system. If the review discloses material weaknesses or other financial management concerns, grant funding may be restricted in accordance with 45 CFR 75/2 CFR 200, as applicable. The restriction will affect your organization’s ability to withdraw funds from the Payment Management System account, until the concerns are addressed.

Marijuana TermGrant funds may not be used, directly or indirectly, to purchase, prescribe, or provide marijuana or treatment using marijuana. Treatment in this context includes the treatment of opioid use disorder. Grant funds also cannot be provided to any individual who or organization that provides or permits marijuana use for the purposes of treating substance use or mental disorders. See, e.g., 45 C.F.R. § 75.300(a) (requiring HHS to “ensure that Federal funding is expended . . . in full accordance with U.S. statutory . . . requirements.”); 21 U.S.C. §§ 812(c)(10) and 841 (prohibiting the possession, manufacture, sale, purchase or distribution of marijuana). This prohibition does not apply to those providing such treatment in the context of clinical research permitted by the DEA and under an FDA-approved investigational new drug application where the article being evaluated is marijuana or a constituent thereof that is otherwise a banned controlled substance under federal law.Please email any related questions to [email protected]

Disparity Impact Statement (DIS)

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By October 30, 2020, submit via eRA Commons.

The DIS should be consistent with information in your application regarding access, *service use and outcomes for the program and include three components as described below. Questions about the DIS should be directed to your GPO. Examples of DIS can be found on the SAMHSA website at: https://www.samhsa.gov/grants/grants-management/disparity-impact-statement

*Service use is inclusive of treatment services, prevention services as well as outreach, engagement, training, and/or technical assistance activities.

The disparity impact statement consists of three components:

1. Proposed number of individuals to be served and/or reached by subpopulations in the grant implementation area should be provided in a table that covers the entire grant period. The disparate population(s) should be identified in a narrative that includes a description of the population and rationale for how the determination was made.

2. A quality improvement plan for how you will use your program (GPRA) data on access, use and outcomes to monitor and manage program outcomes by race, ethnicity and LGBT status, when possible. The quality improvement plan should include strategies for how processes and/or programmatic adjustments will support efforts to reduce disparities for the identified sub-populations.

3. The quality improvement plan should include methods for the development and implementation of policies and procedures to ensure adherence to the Enhanced Culturally and Linguistically Appropriate Services (CLAS) Standards and the provision of effective care and services that are responsive to:

a. Diverse cultural health beliefs and practices;

b. Preferred languages; and

c. Health literacy and other communication needs of all sub-populations within the proposed geographic region.

All responses to award terms and conditions must be submitted as .pdf documents in eRA Commons. For more information on how to respond to tracked terms and conditions please refer to https://www.samhsa.gov/grants/grants-training-materials under heading How to Respond to Terms and Conditions.

SPARSAll SAMHSA recipients are required to collect and report certain data so SAMHSA can meet its obligation under the Government Performance Results Act (GPRA) Modernization Act of 2010. These data are gathered using SAMHSA's Performance and Accountability Reporting System (SPARS). CMHI recipients are required to collect and report two types of data: one data set (infrastucture or IPP) is reported on a quarterly basis; the second data set is for the national outcome measures (NOMS) and data are collected and reported at baseline (i.e., upon entry of each client into the project), at six-month followup and at discharge. Recipients are required to do the following:

(1) Complete SPARS Annual Goals training and enter NOMS and IPP annual goals data into SPARS by November 30, 2020.

(2) NOMS Data: Begin entering NOMS baseline interview data into SPARS within 5 days after completion of each intake interview; conduct a NOMs reassessment interview six months following the intake interview and every 6 months thereafter; and complete a Clinical Discharge NOMS interview at the time of client discharge and enter these data into SPARS.

(3) IPP Data: Collect and begin reporting IPP data into SPARS during the 2nd quarter (January

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- March 2021) and quarterly thereafter.

Information about SPARS training and data reporting will be provided post-award.

SPECIAL CONDITIONS

Revised Detailed Budget with Narrative Justification and SF-424ABy September 30, 2020, submit via eRA Commons.

1. Fringe Rates: The individual rates charged for fringe all differ from the detailed fringe benefits rate of 28.1% (plus $19,384). Provide a detailed breakdown of all the elements/ components that comprise the fringe benefits rates. Show breakdowns for the fringe rate for each personnel separately if the rate does not apply uniformly to all personnel.

2. Travel, Registration Fees: Please move the Registration Fees to "Other" category for Year 2 and 4.

3. Equipment- Vehicles ($58,000): Provide additional Narrative Justification including a discussion of lease vs. purchase options or a statement addressing whether it is feasible and/or cost effective to lease vs. purchase.

4. Contract: a. Evaluation Services: The rate @ $200/hour exceeds the Executive Level II

Salary Limitation of $94.86 (based on 2080 hours per year), which applies to all subawards and subcontracts. Grant funds cannot be used to pay the direct salaries of individuals in excess of the Federal Executive Level II salary level. If the budgeted rates include costs other than direct salary, provide a detailed breakdown to show whether you are adhering to the Executive Schedule Level II limitation. If proposing an individual whose salary exceeds the Executive Schedule Level II limitation and your organization will pay the excess salary from other sources of funds, please provide a detailed explanation in your narrative justification.

b. GOBHI: The number of days in the Service column should be 50, not 75. Please correct accordingly.

c. Youth Villages: The cost should be $14,350 ($2,050 per client x 7 clients), not $15,000. Please review your calculations and correct accordingly.

5. Other:

a. Minor Facility Renovation: Renovation costs to existing facilities may be considered as Requests for Alterations and Renovations (A&R) but you will need to provide the following additional information.

o Please indicate:o Whether there are any other sources of funds available to fund the A&R?o Whether there are any other programs within this facility? If so, then

provide calculations to show how you arrived at SAMHSA’s fair share of the A&R for this grant.

b. Rent: There are several offices indicated on your floor plan and office space cost is typically already covered by indirect costs; however, if the space is a programmatic/service site expense, the cost may be a direct charge. Rent is calculated based on square footage usage or FTE and reflects SAMHSA’s fair share of the space. You provided the lease agreement, however, review and respond to the Rent Questionnaire on the SAMHSA webpage: Rent Questions Worksheet (https://www.samhsa.gov/sites/default/files/rentquestionsworksheet.docx).

6. Indirect Cost: Per FOA, the Modified Total Direct Costs (MTDC) excludes equipment, capital expenditures, charges for patient care, rental costs, participant support costs, and the portion of each sub-award (or contract) in excess of $25,000. Please review your

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calculations and correct accordingly.7. Submit a Revised Detailed Budget with narrative justification and SF-424A

incorporating the revisions requested above. You may reallocate funds elsewhere in your budget for reasonable, allowable, and necessary grant costs/activities equal to but not exceeding the award amount on page 1 of your NoA. In section B Column 1 of your SF-424A, show only the federal funds requested for each budget category and use columns 2 through 4 to show cost sharing and matching.


Marijuana Special Condition (States)By no later than September 30, 2020, please submit an attestation statement confirming compliance with the language below.

For state grantees, language in attestation should read, “I certify that all sub recipients comply with the following language:Grant funds may not be used, directly or indirectly, to purchase, prescribe, or provide marijuana or treatment using marijuana. Treatment in this context includes the treatment of opioid use disorder. Grant funds also cannot be provided to any individual who or organization that provides or permits marijuana use for the purposes of treating substance use or mental disorders. See, e.g., 45 C.F.R. § 75.300(a) (requiring HHS to “ensure that Federal funding is expended . . . in full accordance with U.S. statutory . . . requirements.”); 21 U.S.C. §§ 812(c)(10) and 841 (prohibiting the possession, manufacture, sale, purchase or distribution of marijuana). This prohibition does not apply to those providing such treatment in the context of clinical research permitted by the DEA and under an FDA-approved investigational new drug application where the article being evaluated is marijuana or a constituent thereof that is otherwise a banned controlled substance under federal law.

The attestation statement must be on letterhead and signed by the Authorized Representative or Business Official.

Please email any related questions to [email protected]


All previous terms and conditions remain in effect until specifically approved and removed by the Grants Management Officer.

STANDARD TERMS AND CONDITIONS

Annual Federal Financial Report (SF-425)By November 30, 2021, submit via eRA Commons.

The Federal Financial Report (FFR) (SF-425) is required on an annual basis and should reflect only cumulative actual Federal funds authorized and disbursed, any non-Federal matching funds (if identified in the Funding Opportunity Announcement (FOA)), unliquidated obligations incurred, the unobligated balance of the Federal funds for the award, as well as program income generated during the timeframe covered by the report. Additional guidance to complete the FFR can be found at http://www.samhsa.gov/grants/grants-management/reporting-requirements.

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FFR reporting must be entered directly into the eRA Commons system. Instructions on how to submit a Federal Financial Report (FFR) via the eRA Commons is available at https://www.samhsa.gov/sites/default/files/how-to-submit-a-samhsa-ffr.pdf.

Annual Programmatic Progress ReportBy November 30, 2021, submit via eRA Commons.

The Programmatic Report is required on an annual basis and must be submitted as a .pdf to the View Terms Tracking Details page in the eRA Commons System no later than 90 days after the end of each 12-month budget period.

The Annual Programmatic Report must, at a minimum, include the following information:

o Data and progress for performance measures as reflected in your application regarding goals and evaluation activities.

o A summary of key program accomplishments to-date.o Description of the changes, if any, that were made to the project that differ from the

application for this incremental period.o Description of any difficulties and/or problems encountered in achieving planned goals

and objectives including barriers to accomplishing program objectives, and actions to overcome barriers or difficulties.

Note: Recipients must also comply with the GPRA requirements that include the collection and periodic reporting of performance data as specified in the FOA or by the Grant Program Official (GPO). This information is needed in order to comply with PL 102-62, which requires that Substance Abuse and Mental Health Services Administration (SAMHSA) report evaluation data to ensure the effectiveness and efficiency of its programs.

The response to this term must be submitted as .pdf documents in eRA Commons. Please contact your Government Program Official (GPO) for program specific submission information.

For more information on how to respond to tracked terms and conditions please refer to https://www.samhsa.gov/grants/grants-training-materials under heading How to Respond to Terms and Conditions.

Additional information on reporting requirements is available at https://www.samhsa.gov/grants/grants-management/reporting-requirements.

Standard Terms for AwardsYour organization must comply with the Standard Terms and Conditions for the Fiscal Year in which your grant was awarded. The Fiscal Year for your award is identified on Page 2 of your Notice of Award. SAMHSA's Terms and Conditions Webpage is located at: https://www.samhsa.gov/grants/grants-management/notice-award-noa/standard-terms-conditions.

Compliance with Award Terms and Conditions

FAILURE TO COMPLY WITH THE ABOVE STATED TERMS AND CONDITIONS MAY RESULT IN ACTIONS IN ACCORDANCE WITH 45 CFR 75.3 71, REMEDIES FOR NON-COMPLIANCE AND 45 CFR 75.372 TERMINATION. THIS MAY INCLUDE WITHHOLDING PAYMENT, DISALLOWANCE OF COSTS, SUSPENSION AND DEBARMENT, TERMINATION OF THIS AWARD, OR DENIAL OF FUTURE FUNDING.

All previous terms and conditions remain in effect until specifically approved and removed by the Grants Management Officer.

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https://www.samhsa.gov/grants/grants-management/reporting-requirements

https://www.samhsa.gov/grants/grants-management/notice-award-noa/standard-terms-conditions

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Staff Contacts:

Eric Lulow, Program OfficialPhone: 240-276-1782 Email: [email protected]

Anna Pham, Grants Specialist Phone: 240-276-0551 Email: [email protected]

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DATE: July 8, 2020

FROM: Peter Russell, Community Development, 541-383-6718


Board letter of support to City of La Pine for the City's $250,000 TGM grant application to

do area planning for 368 acres of County-owned property in New Neighborhood


Decide whether to provide a requested letter of support


The Board has discussed in several previous work sessions the request by City of La Pine for

the Board to provide a letter of support for the City's application to ODOT/DLCD

Transportation Growth Management (TGM) grant program. The two-year grant, which has a

current requested amount of $250,000, would fund the following for the 368 acres of County-

owned property in the area known as the New Neighborhood, roughly between US 97,

Burgess, and Huntington. At the broad scale the project would: a) review of City

comprehensive plan; b) review of City's development code; c) public outreach for community's

desire for land use development, including mix of housing types and potential neighborhood

commercial; d) identify corridors for bike/ped paths and/or transit; e) potentially draft new La

Pine Comprehensive Plan policies to achieve community's desired outcome; f) potentially draft

new La Pine development code to achieve community's desired outcome; g) provide findings

for plan amendment to submit to the City of La Pine, including addressing the Transportation

Planning Rule (TPR).

County staff has reached out to City of La Pine staff to have, if available, City staff and/or City

mayor or council members to attend to clearly express the City's views on the future

development of the County-owned property..

FISCAL IMPLICATIONS: The TGM grant requires a 12% match ($30,000) which would be

met by in-kind services by City and County staff.

ATTENDANCE: Kristie Bolliner, Deschutes County Property Management

Potentially City of La Pine staff and/or council member(s)

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DATE: July 1, 2020

FROM: Zechariah Heck, Community Development, 541-385-1704


PUBLIC HEARING: Nonprime Resource Land Amendments


The Board of County Commissioners will conduct a continued public hearing concerning a

legislative proposal to establish eligibility criteria in the Comprehensive Plan for six rural

residential areas currently designated Exclusive Farm Use or Forest Use to Nonprime Resource

Lands.


ATTENDANCE: Zechariah Heck, Associate Planner; Nick Lelack, CDD Director.

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117 NW Lafayette Avenue, Bend, Oregon 97703 | P.O. Box 6005, Bend, OR 97708-6005 (541) 388-6575 cdd@deschutes .org www.deschutes.org/cd

MEMORANDUM

TO: Deschutes County Board of Commissioners

FROM: Zechariah Heck, Associate Planner

DATE: July 1, 2020

SUBJECT: Nonprime Resource Lands Amendment - Continued Public Hearing

The Board of County Commissioners (Board) will conduct a continued public hearing on July 15, 2020

at approximately 10:00 a.m. in the Deschutes Services Center, Barnes and Sawyer rooms concerning a

legislative proposal to establish eligibility criteria in the Comprehensive Plan for six rural residential

areas currently designated Exclusive Farm Use (EFU) or Forest Use to Nonprime Resource (NPR) Lands.1

Notice of the hearing was published in The Bulletin and mailed to those with standing and to owners of

the subject properties. The notice included information the hearing will be conducted in-person, as well

as electronically and by phone.

I. ZOOM PUBLIC HEARING INFORMATION

Community members planning to provide comments on this agenda item are invited to participate in

this meeting via Zoom. The Zoom meeting ID and password are provided below. Upon entering the

Zoom meeting, participants will automatically be placed on hold and in the waiting room. Once the

Board is ready to hear public comments on this item, participants will be unmuted one-by-one and

enabled to share comments live through the Zoom program.

Computer - please click this URL to join: https://us02web.zoom.us/j/81574213315?pwd=d1pBM0w4RkQ5ckJmcG9KY0pHV3RKZz09

Password: 931827

Phone - Listen and participate:

Dial: 669 900 6833

Webinar ID: 815 7421 3315

Email comments prior to the meeting at 9:00 a.m. to [email protected].

1 Nonprime Resource Lands are defined in Oregon Administrative Rules (OAR) 660-004-0005(3) as “Non Resource Lands.”

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II. PROPOSAL

The NPR Lands proposal amends the Comprehensive Plan to establish eligibility criteria for six rural

residential areas. A matrix at the conclusion of this memo lists the proposed goals and policies. These

areas are legacy residential developments as they were platted or conveyed prior to State enabling

planning legislation taking effect in Deschutes County. They are subject to strict EFU or Forest Use

zoning requirements dictated by State law that affect the siting of new dwellings, remodels, additions

and accessory structures. The six subject properties are:

Haner Park

Section 36 (Township 22, Range 10)

Skyline Subdivision

1st Addition to Skyline Subdivision

Squaw Creek Canyon Recreation Estates

1st Addition

Meadow Crest Acres Subdivision

Upon adoption and acknowledgement, the intention is for Deschutes County to initiate a subsequent

legislative amendment to adopt a Nonprime Resource Lands-10 zone, based on the proposed eligibility

criteria, that applies solely to the six rural residential areas. The new zone would allow rural residential

uses outright.

III. BACKGROUND

NPR Lands are areas with an exceedingly low capacity to be managed for commercial agriculture and

forestry activities. They do not meet the definitions of either agricultural lands or forest lands found in

state law due to the presence of poor soil conditions, a lack of irrigation, climate conditions and other

relevant factors, including but not limited to past land use. Based on these circumstances, NPR Lands do

not warrant an agricultural or forest land designation and should be made available for other uses since

they differ from Rural Residential Exception Areas and other rural areas not planned and zoned for farm

and forest activities.

IV. LEGISLATIVE PROCESS

The proposed amendments were initiated in March 2019. The Planning Commission began the legislative

process by holding open houses throughout the county in April 2019. Two public hearings and several

deliberations followed the open houses. On July 9, 2019 the Planning Commission recommended by a 5-

1 vote to support the Comprehensive Plan amendments to establish criteria that would enable Deschutes

County to establish a NPR-10 zone and in a subsequent legislative process, rezone six rural residential

areas to NPR-10.

The Board tabled the amendments in August 2019 in order to request the Land Conservation and

Development Commission (LCDC) initiate rulemaking at the state level pertaining to Non-Resource Lands.

LCDC chose not to prioritize rulemaking during the 2019-2021 biennium. Subsequently, the Board gave

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staff direction to bifurcate the two components of the NPR Lands proposal and pursue the amendments

that focus exclusively on the six aforementioned residential areas.2

The Board conducted their first hearing on November 18, 2019 to receive public testimony and consider

the Planning Commission recommendation. The hearing was continued to January 15, 2020 with the

record left open until January 22, 2020 for written testimony. Staff received comments from 1,000 Friends

of Oregon (1,000 Friends) just before the close of the written record period that warranted a response

regarding:

Procedural errors (ORS 197.610)

Soil classifications and agricultural land

Commercial timber utilization

Residential development in areas with insufficient wastewater treatments services

Thus, the Board decided to reopen the oral and written record and set a date for a continued public

hearing to April 1. At the Board’s direction, notice was published in The Bulletin and mailed to those that

participated in the hearing process and to property owners in the six subject residential areas. However,

due to the COVID-19 pandemic, the April 1 public hearing was subsequently canceled. The Board directed

staff on June 1 to set a date for a continued public hearing and send notice to parties of record as well as

to property owners. As indicated above, July 15 was selected as the most appropriate date for the public

hearing.

V. RESPONSES TO 1,000 FRIENDS’ TESTIMONY

ORS 197.610

Gordon Howard, Community Services Division Manager, Department of Land Conservation and

Development (DLCD) responded to 1,000 Friends’ claim that Deschutes County violated notice provisions

to DLCD under ORS 197.610 (Attachment 11). He stated,

“Given the lack of definitive case law on the subject, we can provide no guarantees or warranties

regarding our advice on this issue. However, we would have no objection to a Deschutes County

decision that the revised scope of this code change, as you described below, did not require re‐

notice as a substantial change to a proposed post‐acknowledgment plan amendment. In looking

at the general tenor of case law on this subject, we believe that your tentative decision on this

matter is sound.”

Goal 3 – Agricultural Lands

On February 25, 2020, Oregon State University Extension Agronomist Mylen Bohle inspected the two

rural residential areas currently zoned EFU (i.e., Meadow Crest Acres and a portion of Squaw Creek

2 Originally, the legislative amendment contained Comprehensive Plan policies addressing two circumstances: 1) Identifying

opportunities to re-designate six residential areas that were platted or conveyed prior to State enabling planning legislation

taking effect in Deschutes County; and 2) Establishing eligibility criteria to re-designate EFU or Forest Use zoned properties to

NPR Lands.

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Canyon Recreation Estates 1st Addition). Mr. Bohle’s report – submitted on March 5, 2020 – states the

properties in both subdivisions experience significant difficulties for agricultural production (Attachment

9). The report highlights the following key elements as barriers:

No irrigation water

Average lot size too small

Amount of dense, small-diameter pine trees to remove

Amount of rock to remove

Economy of scale (i.e., cost of harvest on small lot)

Cost of feed for livestock

Cost of heat for greenhouse production

Mr. Bohle’s report concludes it would be “very improbable” for a property owner to engage in an

agricultural enterprise on any one of the lots in Meadow Crest Acres or Squaw Creek Canyon Recreation

Estates 1st Addition.

Re: Goal 4 – Forest Lands

On December 18, 2019, County Forester Ed Keith submitted an analysis of the economic potential of the

five rural residential areas zoned Forest Use for commercial forestry operations. Mr. Keith’s analysis

concluded only a small-scale firewood business could exist on the subject properties. Such an operation

would yield approximately $18.22 per acre on an annual basis for the most productive areas. Mr. Keith’s

conclusion was both misconstrued and challenged in the 1,000 Friends’ testimony submitted on January

22, 2020.

The 1,000 Friends letter states:

“Ed Keith, County Forester, [explains] the lands subject to the plan amendments are available for

commercial timber utilization… Mr. Keith excepts from his analysis Section 36, and therefore

implies that Section 36 supports even greater commercial timber utilization.”

It goes on to suggest anything but a comprehensive analysis of each lot would be insufficient to

determine the amendment’s compliance with Statewide Planning Goal 4.

On March 5, Mr. Keith submitted a response to the 1,000 Friends letter which includes an analysis at the

individual tax lot level for all proposed NPR Lands zoned Forest Use (Attachment 8). Mr. Keith concludes:

“The overarching conclusion of the previous memo [submitted December 18, 2019] that carries

forward to this memo is that while landowners could legally utilize timber growing on these

properties for commercial uses, noted as most likely being firewood, due to equipment move in

and other associated costs for timber harvest, it would neither be practical or profitable for them

to do so.”

Mr. Keith’s unrefuted analysis strongly suggests these areas are not suitable for commercial forest uses,

now and into the future, including adjacent or nearby lands for forest operations and practices.

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Goal 11 – Public Facilities

The January 22, 2020 letter from 1,000 Friends also challenged testimony provided by Todd Cleveland,

Deschutes County’s Environmental Health Supervisor, regarding sufficient wastewater treatment

services. Mr. Cleveland’s original testimony states onsite wastewater treatment systems are not a

significant limitation to residential uses on the subject property. However, 1,000 Friends’ comments raise

several points that inaccurately interpret Mr. Cleveland’s testimony. For example, the 1,000 Friends letter

suggests:

Meadow Crest Acres Subdivision has groundwater concerns

Alternative treatment technology is costly and the County shouldn’t encourage development in

areas where such septic systems may be necessary

Increased development is beyond the carrying capacity of the area

Some properties may not be able to obtain approval for any type of septic system

Mr. Cleveland responded to 1,000 Friends’ testimony on June 29, 2020 (Attachment 1) by reiterating the

following:

An approved site evaluation is required prior to construction regardless if the NPR amendments

are approved

Most, if not all, of the subject properties could support an onsite wastewater treatment system

(suitability is determined on a case-by-case basis)

Systems are not approved if there is a threat to public and environmental health

VI. UPDATED RECORDED

In addition to the testimony described above, staff received one comment from the public since the last

public hearing conclusion on January 22, 2020. The commenter, Nathan Gray, owns property in the

Skyline Subdivision and supports the NPR Lands proposal (Attachment 3). Other documents are attached

to ensure the complete record is provided to the Board. A copy of the full record is available online at

www.deschutes.org/npr.

VII. SUMMARY

Oregon’s land use system is misapplied to these six rural residential areas zoned EFU and Forest Use.

Property owners must go through a lengthy and expensive process in order to exercise their property

rights because of inappropriate zoning designations. The subject properties function as rural residential

subdivisions. The State’s Non-resource Lands program is a tool to alleviate this regulatory burden when

properties do not meet the definitions of either agricultural lands or forest lands found in Statewide

Planning Goals 3 and 4 and accompanying Oregon Revised Statutes and Oregon Administrative Rules

due to the presence of poor soil conditions, a lack of irrigation, climate conditions and other relevant

factors, including but not limited to past use. Deschutes County has attempted to address these factors

for over a decade but been informed by DLCD that these rural residential areas are not eligible as:

1. Mapping errors, and, thus, cannot be addressed through the state’s Big Look Bill, HB 2229, ORS

215.788; or

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http://www.deschutes.org/npr

Page 6 of 9

2. Exception lands because, according to OAR 660-004-0025(2), “Uses allowed by the applicable

goal(s) to which an exception is being taken shall not be used to justify a physically developed

exception”.3

VIII. NEXT STEPS

At the conclusion of the public hearing, the Board can:

Continue the hearing to a date certain;

Close the hearing and leave the written record open to a date certain; or

Close the hearing and commence deliberations or schedule to a later date.

Attachments:

1. June 29, 2020 Todd Cleveland (Environmental Soils) additional comments

2. April 20, 2020 Carol Macbeth / Rory Isbell change of address notice

3. April 14, 2020 Nathan Gray (property owner) comment

4. March 24, 2020 Notice of April 1 hearing cancellation

5. March 10, 2020 Notice of Hearing (resent) to Chuck Humphrey (party of record)

6. March 10, 2020 The Bulletin affidavit of publication

7. March 9, 2020 Staff email to Paul Lipscomb (party of record)

8. March 5, 2020 Ed Keith (County Forester) additional comments

9. March 2, 2020 Mylen Bohle (OSU Extension Agronomist) testimony

10. March 2, 2020 Staff email to DLCD regarding notice

11. January 24, 2020 Gordon Howard, DLCD response

12. January 14, 2020 Tyler Neese (Central Oregon Assoc. of Realtors) comments

3 Residential development is permitted on the subject properties through a Conditional Use process.

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Page 7 of 9

Nonprime Resource Lands Proposed Comprehensive Plan Goal and Policy Amendments

Section 2.2 Agricultural Lands Comments

Policy 2.2.3 Allow comprehensive plan and zoning map amendments, including those that

qualifying Nonprime Resource Lands defined in OAR 660-004-005(3) as “Non

Resource Lands,” as non-resource land, for individual EFU parcels as allowed by

State Statute, Oregon Administrative Rules and this Comprehensive Plan.

Clarifies Nonprime/Non-resource

Land amendments are allowed per

State Statute, Oregon Administrative

Rules and the Comprehensive Plan

Section 2.3 Forest Lands Comments

Policy 2.3.13 Allow comprehensive plan and zoning map amendments, including qualifying

Nonprime Resource Lands defined in OAR 660-004-005(3) as “Non Resource Lands,”

for Forest Use zoned parcels as allowed by State Statute, Oregon Administrative

Rules and this Comprehensive Plan.

“

Section 3.3 Rural Housing Comments

Policy 3.3.1 The minimum parcel size for new rural residential parcels in Rural Residential

Exception Areas shall be 10 acres.

Standard minimum parcel size for

rural residential parcels; consistent

with State rules

Policy 3.3.2 Land divisions are prohibited in the Nonprime Resource Lands-10 zone.

Land divisions are not allowed in the

six legacy residential areas today due

to resource zoning restrictions and

small minimum parcels sizes. Policy

3.11.5 reinforces that land divisions

are prohibited.

Section 3.11 Nonprime Resource Lands Comments

Goal 1 Allow the designation of Nonprime Resource Lands in Deschutes County

Nonprime Resource Lands – General Policies

Policy 3.11.1 Property owners can continue to apply through a quasi-judicial process for a rezone

from Exclusive Farm Use or Forest Use to a nonresource zone consistent with State

law.

Maintains the status quo by allowing

property owners to apply to rezone

their properties from Exclusive Farm

Use or Forest Use to a nonresource

zone.

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Policy 3.11.2 In addition to State rules governing nonresource lands, to qualify for a Nonprime

Resource Lands comprehensive plan designation and Nonprime Resource Lands

zoning, a property must demonstrate:

a. It is located in a fire-protection district or can be annexed into one;

b. There is adequate access for fire apparatus to serve the subject property; or

c. Other measures that prove there is adequate fire protection for potential uses.

Addresses Goal 7 – Natural Hazards

and Goal 12 – Transportation.

Ensures development in Wildland

Urban Interface is only permitted if

adequate fire protection standards

are met.

Goal 2 Resolve resource zoning restrictions applied to subdivisions platted prior to statewide planning legislation taking effect in

Deschutes County, Haner Park, and Section 36 in Township 22S, Range 10E

Nonprime Resource Lands – Legacy Residential Policies

Policy 3.11.3 A Nonprime Resource Lands-10 zone provides procedures and standards for rural

residential living environments and development that balance the public’s interest

in the management of community growth with the protection of individual property

rights.

Purpose Statement

Policy 3.11.4 A single-family dwelling or a manufactured home and their accessory uses shall be

permitted outright.

Legal policy framework to develop a

NPR-10 zone. Provides intention that

NPR-10 zone is to allow residential

uses outright, without need for a

Conditional Use Permit.

Policy 3.11.5 The Nonprime Resource Lands-10 zone is available only for the following properties

because they are platted, parcelized, or partially developed:

a. Meadow Crest Acres Subdivision

b. Skyline Subdivision

c. Skyline Subdivision, 1st Addition

d. Squaw Creek Canyon Recreational Estates 1st Addition

e. Haner Park

f. Section 36, Township 22S, Range 10E

Specifies the locations where

Nonprime Resource Lands-10 zone is

allowed.

Policy 3.11.6 The properties identified in Policy 3.11.5 are not eligible for a land division. Ensures no future conflicting uses.

Policy 3.11.7 Lots in Meadow Crest Acres Subdivision and Squaw Creek Canyon Recreational

Estates 1st Addition with 51% or more Class I-VI soils or intermingled with Class I-VI

soils remain eligible upon demonstration that the property is unsuitable for farm

use based on its land use history and whether a reasonable farmer would put the

land to agricultural use.

Customized eligibility criteria

pertaining exclusively to six legacy

residential areas.

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Page 9 of 9

Policy 3.11.8 Lots in Haner Park, Section 36, Skyline Subdivision, Skyline Subdivision 1st Addition,

and Squaw Creek Canyon Recreational Estates 1st Addition that entirely possess a

potential productivity of 20 or more cubic feet per acre per year, at culmination of

mean annual increment, for one or more tree species native to Deschutes County

remain eligible upon demonstration that the property is unsuitable for forestry use

based on its land use history and whether a reasonable forester or farmer would

put the land to forestry or agricultural use.

“

Policy 3.11.9 Until a Nonprime Resource Lands-10 zone is adopted, property owners can

continue to apply through a quasi-judicial process for a rezone from Exclusive Farm

Use or Forest Use to a nonresource zone consistent with State law.

Ensures status quo until NPR-10 is

adopted.

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"t Es

COMMUNITY DEVELOPMENT

To: Board of County Commissionersclo Zechariah Heck, Associate Planner

From: tftU-r"dd Cleveland, Environmental Health Supervisor, Environmental Soils Division

Date: June 29,2020

Additional Comments on Nonprime Resource Lands - Onsite Wastewater Treatment SystemsSubject:

In order to clariff my previous comments, I wish to keep them as simple as possible. Regardless oflocation, all properties proposed to have development require an approved site evaluation prior to plat approvalor being issued a construction permit. Based on my review of the subject properties, I expect that most if notall areas identified will be able to be approved for a proper onsite wastewater treatment system. This is thecase for the subject properties whether the proposed Nonprime Resource Lands amendments are approved ornot.

When we issue an approval for a system, it is to meet minimum standards to serve a single familydwelling (or proposed use) over at least a 20 year life with a complete replacement area. The approved systemwill serue the use while protecting public health and the environment based on current rules and our experiencein an area. If there is no system that can properly protect public health, natural resources or the environmenton a property, Environmental Soils staff will deny the site for any type of onsite system,

117 NW LafayetteAvenue, Bend, Oregon 97703 | P.O. Box6005, Bend, OR97708-6005

Qa (541) 3BB-657s @ cdd@deschutes .org @ www.deschutes.orglcd

ATTACHMENT 117.a

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1

Zechariah Heck

From: Carol Macbeth <[email protected]>Sent: Monday, April 20, 2020 8:02 PMTo: Zechariah HeckCc: Rory IsbellSubject: LandWatch addressAttachments: 2020-04-20_151642 Nonresource doc.pdf

[EXTERNAL EMAIL]

Hi Zechariah, Hope alll's well with you! LandWatch has moved, and our new address is 2843 NW Lolo Drive, Bend, OR 97703. Can you update the record to reflect our new address? Thanks! Best, Carol Macbeth -- Carol Macbeth Staff Attorney Central Oregon LandWatch

ATTACHMENT 217.a

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1

Zechariah Heck

From: Nathan Gray <[email protected]>Sent: Tuesday, April 14, 2020 9:18 AMTo: Zechariah HeckSubject: Re: Skyline Subdivision 1st Addition

[EXTERNAL EMAIL]

Definitely, our address is: Nathan & Euijin Gray 61558 River Rd. Thanks!

On Apr 14, 2020, at 8:00 AM, Zechariah Heck <[email protected]> wrote: Thanks for the comment, Nathan. Please provide your mailing address if you would like to receive notices regarding upcoming meetings and decisions. Zechariah Heck

From: Nathan Gray <[email protected]> Sent: Monday, April 13, 2020 10:16 PM To: Zechariah Heck <[email protected]> Subject: Skyline Subdivision 1st Addition

[EXTERNAL EMAIL]

Hi Zechariah, I would like to submit a written response to the proposal which will rezone our Skyliners neighborhood. I believe this historic neighborhood is a very beautiful community, filled with amazing people and many awesome wilderness lands to explore out our front door. Land use is a tricky subject in the sense there are infinite ways to approach the use of land and an equal number of voices exerting what is right. I am no resource lawyer but I have lived through a couple conflicts where land use and control of land was a central factor in the conflict. The first was the gulf war of 1991 which shut down my school for a couple months and which sadly resulted in death, displacement and environmental destruction on a scale I had previously never seen. The second conflict over land that I experienced was the Palestinian Israeli conflict which unfortunately is yet to be resolved. I’ll never forget biking through this region, weaving around the giant cement barrier walls and navigating the tense checkpoints where a gun pointed at my chest was now my reality. All this is to say we are very fortunate to call Bend home. I do not have a strong opinion either way of the most appropriate zoning for our Skyliner neighborhood due to a lack of understanding of the nuanced implications of such a proposed change. However I feel that the current zoning may not be appropriate for how the neighborhood has actually

ATTACHMENT 317.a

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2

progressed over the last 75 years or so. I am not aware of any existing commercial agriculture operations or timber operations in our neighborhood. A firewood operation as mentioned might be the only viable option or possibly a micro farm of some sort. I know in the past one neighbor was growing recreational marijuana but without any permits and not in a legal manner. In conclusion I trust that the individuals with deeper knowledge of the matters will make the best choices for everyone including the natural world. Thank you, Nathan Gray “Skyliners Is What Bend Was”

ATTACHMENT 317.a

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117 NW Lafayette Avenue, Bend, Oregon 97703 | P.O. Box 6005, Bend, OR 97708-6005

(541) 388-6575 cdd@deschutes .org www.deschutes.org/cd


NOTICE OF PUBLIC HEARING CANCELLATION

The Deschutes County Board of Commissioners CANCELLED the public hearing on April 1,

2020 regarding the Nonprime Resource Lands amendments. A rescheduled hearing will be

determined at a later date given the COVID-19 situation. Notice will be mailed to all parties

of the record when a hearing date is rescheduled. Questions, comments, and concerns can

be directed to Zechariah Heck, Associate Planner (contact information below).

FILE NUMBER: 247-19-000265-PA

APPLICANT: Deschutes County Community Development Department

117 NW Lafayette Avenue

Bend, OR 97701

PROPOSAL: A proposal to establish eligibility Comprehensive Plan criteria for

six specific areas currently designated Exclusive Farm Use or

Forest Use to Nonprime Resource (NPR) Lands, defined in Oregon

Administrative Rules (OAR) 660-004-0005(3) as “Non Resource

Lands.”

LOCATION: The six legacy residential areas are: Haner Park, Section 36

(Township 22, Range 10), Skyline Subdivision and Skyline

Subdivision 1st Addition, Squaw Creek Canyon Recreational

Estates 1st Addition and Meadow Crest Acres Subdivision.

STAFF CONTACT: Zechariah Heck, Associate Planner, [email protected], (541)

385-1704

DOCUMENTS: Can be viewed and downloaded

from: http://www.deschutes.org/npr.

Mailing Date:Tuesday, March 24, 2020

ATTACHMENT 417.a

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Name InCareOf Mailing Address CityStZip

1,000 Friends of Oregon Mary Kyle McCurdy / Scott Hilgenberg 133 SW 2nd Ave, Suite 201 Portland, OR 97204

Barnyt, David 3450 Butler Road Redmond, OR 97756

Bishop, Thomas E. 63382 Fawn Lane Bend, OR 97703

Brectenstein, Chris 20025 Rodeo Dr Bend, OR 97703

Buchholz, James 4835 Noren Ave NE Keizer, OR 97303

City of Bend Brian Rankin PO Box 431 Bend, OR 97709

City of La Pine Melissa Bethel PO Box 2460 La Pine, OR 97739

City of Redmond Deborah McMahon 411 SW 9th St Redmond, OR 97756

City of Sisters Patrick Davenport PO Box 39 Sisters, OR 97759

Criss, Ed 53446 Brookie Way La Pine, OR 97739

Dept. of Land Conservation and Development Attn: Jon Jinings & Scott Edelman 1011 SW Emkay Drive Bend, OR 97701

Deschutes County Ed Keith, County Forester PO Box 6005 Bend, OR 97708

Deschutes County Todd Cleveland PO Box 6005 Bend, OR 97708

Deschutes County Rural Fire Protection District #2 Gary Marshall 1212 SW Simpson Ave Bend, OR 97702

Eagle, Eva & Bowen, Bruce 17212 Pine Dr Sisters, OR 97709

Elrod, Jan 64940 19th St Bend, OR 97701

Epling, Etta 68445 Nehalem Hwy N Vernonia, OR 97064

Erard, Ben 64510 El Dorado Trails Bend, OR 97703

Evans, Ken PO Box 653 John Day, OR 97845

Fischer, John 33 NW Franklin Ave, Suite 110 Bend, OR 97703

Fitzgerald, Daniel 1330 West Sherman Lebanon, OR 97355

Garner, Heath 16300 Hawks Lair Rd. La Pine, OR 97739

Godard, Jack 67710 Lake Dr. Sisters, OR 97759

Goldberg-Jaffe, Noah 20480 Cooley Road Bend, OR 97703

Goldner, Anne 1744 NW 12th St Bend, OR 97703

Gould, Nunzie 19845 JW Brown Road Bend, OR 97701

Greiner, Donald 16489 Charlotte Day Dr. La Pine, OR 97739

Gustafson, Karna COBA 1929 NW Rivermist Dr Bend, OR 97703

Haner Park, LLC C/O Carol Yetter, Member 6525 Corvallis Rd Independence, OR 97351

Hanner, Wayne PO Box 650 La Pine, OR 97739

Hatfield, Mary PO Box 559 La Pine, OR 97739

Hirschberg, Brendon & Shannon 60590 Groff Rd Bend, OR 97702

Humphreys, Chuck P.O. Box 653 Sisters, OR 97759

ATTACHMENT 417.a

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Hunt, Randy & Kenna 16205 Hawks Lair La Pine, OR 97739

Isbell, Rory / Macbeth, Carol 50 SW Bond St, Ste. 4 Bend, OR 97702

Jacobs, Donald & JoAnn 60435 Tekampe Rd Bend, OR 97703

Jaros, Derek PO Box 1957 Sisters, OR 97759

Johnson, Phillip PO Box 2365 La Pine, OR 97739

Kay, Rick 1235 Mourning Dove Ct Redmond, OR 97756

Kogler, Karl 15889 Davis Ave La Pine, OR 97739

Kogler, Karl & Michele PO Box 3156 La Pine, OR 97739

Lay, Jeff 236643 Warthen Rd. Elmira, OR 97437

Lipscomb, Donna & Paul P.O. Box 579 Sisters, OR 97759

Mackey, Steve 90956 S. Skinner Coburg, OR 97408

Meece, Brian P.O. Box 7047 Bend, OR 97708

Merrick, Nancy 3012 NE Lansing Ct. Bend, OR 97701

Newbold, Jacqueline 19615 Tumalo Rim Ct Bend, OR 97702

Newloy, Veronica 18130 Tumalo Reservior Rd Bend, OR 97703

Newton-Hudson, Veronica 18130 Tumalo Reservior Rd Bend, OR 97702

ODFW Attn: Heath, Corey & Vaughan, Joy 61374 Parrell Road Bend, OR 97702

Oregon Land and Water Alliance Attn: Paul Lipscomb PO BOX 579 Sisters, OR 97759

Renker, Craig 64025 Deschutes Market Rd Bend, OR 97701

Reynolds, Wayne PO Box 933 La Pine, OR 97739

Sisters-Camp Sherman Rural Fire Protection District Chief Roger Johnson PO Box 1509 Sisters, OR 97759

Smith, Russ PO Box 2458 La Pine, OR 97739

Springer, Dick 3450 Shallow Springs Terrace Chico, CA 95928

Stafford, Sue 996 E Creekside Ct. Sisters, OR 97759

Storjohann, Bob 16314 Skyliners Rd Bend, OR 97703

Tess, Tim 21115 Young Ave Bend, OR 97703

Trippany, Elmer PO Box 469 La Pine, OR 97739

Vicari, Greg & Penny PO Box 3296 La Pine, OR 97739

Vora, Robin 1679 NE Daphne Ct. Bend, OR 97701

Warriner, Betsy 119 NW Drake Road Bend, OR 97703

Wicks, Curtis 152008 Long Prairie La Pine, OR 97739

Williams, Rose 16300 Hawks Lair Rd. La Pine, OR 97739

Wolf, Elise 69700 Lake Drive Sisters, OR 97759

Wright, Georgia PO Box 621 La Pine, OR 97739

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Young, Cheryl & Danny 20903 Knott Rd Bend, OR 97702

ATTACHMENT 417.a

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NOTICE OF PUBLIC HEARING

The Deschutes County Board of Commissioners will hold a continued public hearing on April 1, 2020, at approximately 10:00 a.m. in the Barnes and Sawyer Rooms of the Deschutes Services Center, 1300 NW Wall St., Bend, to consider the proposal described below. The Board is particularly interested in hearing from impacted property owners of the six residential areas described below.




Bend, OR 97701

PROPOSAL: A proposal to establish eligibility Comprehensive Plan criteria for six

specific areas currently designated Exclusive Farm Use or Forest Use to

Nonprime Resource (NPR) Lands, defined in Oregon Administrative

Rules (OAR) 660-004-0005(3) as “Non Resource Lands.”

LOCATION: The six legacy residential areas are: Haner Park, Section 36 (Township

22, Range 10), Skyline Subdivision and Skyline Subdivision 1st Addition,

Squaw Creek Canyon Recreational Estates 1st Addition and Meadow

Crest Acres Subdivision.

STAFF CONTACT: Zechariah Heck, Associate Planner, [email protected], (541) 385-

1704

DOCUMENTS: Can be viewed and downloaded from: http://www.deschutes.org/npr.

STANDARDS AND APPLICABLE CRITERIA

Title 22, Deschutes County Development Procedures Ordinance

Chapter 22.12 Legislative Procedures

Statewide Planning Goals

Oregon Administrative Rules

660-004 – Interpretation of Goal 2 Exceptions Process

660-006 – Forest Land

660-033 – Agricultural Land

Deschutes County Comprehensive Plan

Mailing Date:Tuesday, March 10, 2020

ATTACHMENT 517.a

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ALL INTERESTED PERSONS MAY APPEAR, BE HEARD, BE REPRESENTED BY COUNSEL, OR SEND WRITTEN SIGNED TESTIMONY. ALL WRITTEN REPLIES MUST BE RECEIVED BY THIS DEPARTMENT PRIOR TO THE HEARING DATE OR SUBMITTED AT THE HEARING. ANY PARTY TO THE APPLICATION IS ENTITLED TO A CONTINUANCE OF THE INITIAL EVIDENTIARY HEARING OR TO HAVE THE RECORD LEFT OPEN IN ACCORDANCE WITH SECTION 22.24.140 OF THE DESCHUTES COUNTY CODE. Failure to raise an issue in person at the hearing or in writing precludes appeal by that person to the Land Use Board of Appeals (LUBA). Failure to provide statements of evidence sufficient to afford the decision maker an opportunity to respond to the issue precludes appeal to LUBA based on that issue.

Copies of the application, all documents and evidence submitted by or on behalf of the applicant and

applicable criteria are available for inspection at no cost. Copies can be purchased for 25 cents per page. The

Planning Division is located in the Community Development Department Office at 117 NW Lafayette Avenue,

Bend, Oregon.

NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU

RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER.

Deschutes County encourages persons with disabilities to participate in all programs and activities. This

event/location is accessible to people with disabilities. If you need accommodations to make participation

possible, please call the ADA Coordinator at (541) 617-4747.

DOCUMENT SUBMISSION

Any person may submit written comments on a proposed land use action. Documents may be submitted to

our office in person, U.S. mail, or email.

In Person U.S. Mail

We accept all printed documents. Deschutes County Community Development

Planning Division, Attn: Zechariah Heck

P.O. Box 6005

Bend, OR 97708-6005

Email

Email submittals must comply with the following guidelines or otherwise must be submitted as a paper copy:

Submission is 20 pages or less

Documents can be printed in black and white only

Documents can be printed on 8.5” x 11” paper

Limitations

Deschutes County does not take responsibility for retrieving information from a website link or a

personal cloud storage service. It is the submitter’s responsibility to provide the specific information

they wish to enter into the record. We will print the email which includes the link(s), however, we will

not retrieve any information on behalf of the submitter.

Deschutes County makes an effort to scan all submittals as soon as possible. Recognizing staff

availability and workload, there is often a delay between the submittal of a document to the record,

and when it is available online. For this reason, the official record is the file that resides in the

Community Development Department office. The electronic record online is not a substitute for the

official record.

To ensure your submission is entered into the correct land use record, please specify the land use file

number(s).

Failure to raise an issue in person at a hearing or in writing precludes appeal by that person to the Land Use

Board of Appeals (LUBA), and that failure to provide statements or evidence sufficient to afford the decision

maker an opportunity to respond to the issue precludes appeal to LUBA based on that issue.


applicable criteria are available for inspection at no cost. Copies can be purchased for 25 cents per page.

Notice of the decision will be provided by a separate mailing. For more information or to request copies of

the findings and decision, contact the assigned planner.



This Notice was mailed pursuant to Deschutes County Code Chapters 22.20 and 22.24.

ATTACHMENT 517.a

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Owner Address CityStZip File No. Type

Humphreys, Chuck P.O. Box 653 Sisters, OR 97759 247-19-000265-PA NOPH (2)

ATTACHMENT 517.a

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STATE OF OREGON, COUNTY OF DESCHUTES

l, Tonya McKiernan, a citizen of the United State and a resident of the county aforesaid; I am over the age of eigh-teen years, and not part to or interested in the above-entitled matter. I am the principal clerk of the printer of

Affidavit of Publication

TheBulletin1777 SW CHANDLER AVE, BEND Or] 977O2

a daily newspaper of general circulation, published in the aforesaid county and state as defined byORS 192.010 and ORS 192.020, that

Acct Name: DESCHUTES COUNTY COMMUNITY DEV.

PO Number: Public Hearing 4/01Legal Description: Legal Notice

NOTICE OF PUBLIC HEARINGfhe Deschutes County Board of County Commissioners will hold a publichearing on April 1, 2020 at approximately 10:00 a.m. in the Barnes andSawyer Rooms of the Deschutes Services Center, 1300 NW Wall St., Bend,to con

a printed copy of which is hereto affixed was published in each regular and entire issue of the saidnewspaper and not in any supplement thereof on the following dates to wit:

0311012020

I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Dated at Bend, Oregon, this 10th day of March, 2020

AdName: 118405

State of Oregon, County of Deschutes

Subscribed and Sworn to before me this

Notary Public

Jrl)-day or M/[- ,zoE-ov

r

@OFFICIALSTA'#

ALYSHNVALDENOTARY PUBIJC4fiEOONcoMMtsgtoN l{o.mra

NAMYmn 'ssoil

EXPIRE9OCTOEEFA

Court of theNo.

ln the

STATE OF OREGON{or the

COUNTY OF DESCHUTES

AFFIDAVIT OF PUBLICATION

Attorney for

Filed

By

From the office of

ATTACHMENT 617.a

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ATTACHMENT 617.a

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1

Zechariah Heck

From: Zechariah HeckSent: Monday, March 09, 2020 10:35 AMTo: '[email protected]'Subject: Nonprime Resource LandsAttachments: 19-265-PA, NPRL -- Notice to Re-open Record Continued Public Hearing.pdf

Paul Lipscomb, Please see the attached notice of public hearing regarding the Nonprime Resource Lands amendments. The Board has decided to re‐open the record and hold a continued public hearing on April 1, 2020. A mailed notice was sent to the address we have on file for you form submitted testimony (16991 Bartlemay Lane, Sisters); it was returned as not deliverable. I wanted to share the notice with you somehow because you have attended several of the NPR hearings. Thus, the reason for the email. Let me know if you have any questions or concerns.

Zechariah Heck | Associate Planner DESCHUTES COUNTY COMMUNITY DEVELOPMENT 117 NW Lafayette Avenue | Bend, Oregon 97703

PO Box 6005 | Bend, Oregon 97708

Tel: (541) 385‐1704 | www.deschutes.org/cd

Disclaimer: Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person.

ATTACHMENT 717.a

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Bend, OR 97701










1704











ATTACHMENT 717.a

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Bend, Oregon.






DOCUMENT SUBMISSION



In Person U.S. Mail



P.O. Box 6005

Bend, OR 97708-6005

Email





Limitations









official record.


number(s).











ATTACHMENT 717.a

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61150 SE 27 t h S t reet Bend, Oregon 9770 2

(541) 322-7117 ed. ke i th @deschutes .org www. deschutes .org

NATURAL RESOURCES

To: Deschutes County Community Development, attn: Zechariah Heck

From: Ed Keith, County Forester

Re: Additional Clarification: Non-resource lands, forestland productivity

Date: March 5, 2020

The purpose of this memo is to provide clarification to the memo I provided dated December 18, 2019 addressing non-

resource lands and forest productivity. To be clear, the overarching conclusion of the previous memo that carries

forward to this memo is that while landowners could legally utilize timber growing on these properties for commercial

uses, noted as most likely being firewood, due to equipment move in and other associated costs for timber harvest, it

would neither be practical or profitable for them to do so. This is the case for all the areas listed in the original memo:

Haner Park, Section 36, Skyline Subdivision and Skyline First Addition (collectively known as Skyliner), and Squaw Creek

Canyon Recreational Estates.

In order to provide greater detail to the previous analysis which offered an average potential revenue per acre, I have

constructed an analysis at the individual tax lot level for the purpose of this memo. Again, as in the December 18, 2019

memo, because: 1) each ownership is small (the maximum lot size is 40 acres) and would not support the high fixed

costs of moving in large logging equipment, 2) growth rates, due to the low soil productivity, are low resulting in a small

quantity of harvestable product, 3) access for larger equipment including log trucks is largely not practical due to

insufficient road systems, and 4) haul costs would be high due to the distance to commercial markets, I have concluded

that the highest likelihood of producing a commercial forest product is firewood. It is simply not practical or economical

for the lots in question to support a commercial harvest of logs on any sort of regular interval, and harvesting of logs,

would in almost every imaginable scenario result in a net loss to the landowner due to the high fixed move in costs and

transportation costs.

I am again attaching an analysis in excel format that uses the Natural Resources Conservation Service soil survey

information. I have compiled a listing of soil types present in each subdivision along with their associated estimated soil

productivity. Based on that soil productivity I then estimated an average firewood harvest per acre, and applied gross

revenue and production costs based on a survey of current commercial firewood operations. I have added an additional

worksheet to this analysis that lists every tax lot being considered by this amendment. Anticipated revenues are then

calculated based on each tax lot based on actual acreage. A minimum, maximum and average is also presented for each

subdivision.

ATTACHMENT 817.a

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Results (see attached excel spreadsheet for detailed calculations and results for each tax lot):

Haner Park

# of lots: 59

Average lot size (acres): 1.09

Average annual harvest income (by lot) $ 11.43

Maximum annual harvest income $ 52.34

Minimum annual harvest income $ 2.62

Section 36

# of lots: 54





Skyliner

# of lots: 49





Squaw Creek

# of lots: 8





Conclusion:

The largest two lots considered in this analysis, which are two lots of 40 acres located in Section 36 could possibly

produce an average annual revenue of approximately $729 before taxes, fire protection assessments, road maintenance

costs, and insect, disease and fire losses are factored in. The majority of the remaining lots that are part of the analysis

are significantly less, with all but 30 lots producing less than $100 per year. Based on these low revenue projections I

submit that these lands are not suitable for commercial forest uses due to their low productive capacity and small lot

sizes that does not enable economically efficient or profitable forest operations.

ATTACHMENT 817.a

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Area (DNFSI Info) Soil Type Site Index Site Class

Timber Productivity (cubic

ft/per acre/ per year) Avg cu ft / ac / year Avg volume per ac year unit harvest / decade gross revenue per unit - costs net revenue / yr / ac

Haner Park XH (45 & 44)

45: Gently sloping outwash

plains 40-50 5

44: Gently sloping outwash

plains 35-50 5

41: Gentle to moderately

sloping outwash plains and

terraces 60-80 5-6

65: Unever lava flow lands and

gentle lava plains 75-95 4-5

average revenue / year 10.47$

Area (NRCS Info) Soil Name Site Index

Volume of Wood Fiber

(ft3/acre) LCC Rating (farm land)

Skyliner Subdivision 123E

Sisters 79 67 6e 67 0.52 5.2 200.00$ 180.00$ 10.47$

Yapoah 76 63 6s 63 0.49 4.9 200.00$ 180.00$ 9.84$

143B

Suilotem 6e

Pond. Pine 120 141 120 0.94 9.4 200.00$ 180.00$ 18.75$

Western larch 67 95 67 0.52 5.2 225.00$ 180.00$ 23.55$

White fir 84 204 84 0.66 6.6 190.00$ 180.00$ 6.56$

Circle 6e

Pond. Pine 77 64 77 0.60 6.0 200.00$ 180.00$ 12.03$

Western larch 60 81 60 0.47 4.7 225.00$ 180.00$ 21.09$

Wizard 6e

Englemann spruce 108 123 108 0.84 8.4 190.00$ 180.00$ 8.44$

Pond. Pine 85 77 85 0.66 6.6 200.00$ 180.00$ 13.28$


Section 36 114C

Shanahan

Lodgepole pine 81 70 81 0.63 6.3 215.00$ 180.00$ 22.15$

Ponderosa pine 75 62 75 0.59 5.9 200.00$ 180.00$ 11.72$

Cryaquolls N/A N/A 5w

115A

Shanahan, low 6e

Lodgepole pine 76 65 76 0.59 5.9 215.00$ 180.00$ 20.78$

Cryaquolls N/A N/A 5w


Squaw Creek Canyon Estates 159C

Wilt

Ponderosa pine 60 46 6e 60 0.47 4.7 215.00$ 180.00$ 16.41$


cord

cord

180.00$ 10.47$

cord

cord

50-84 (estimate based on

site class, volume per acre is

not provided in this soil

survey)

cord67 5.2 200.00$ 0.52

ATTACHMENT 817.a

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TAXLOT Subdivision Acres Annual Revenue

220904CC00158 Haner Park 0.25 2.62$ Haner Park

220904CC00108 Haner Park 0.5 5.23$ # of lots: 59

220909BB00132 Haner Park 0.54 5.65$ Average lot size (acres): 1.09

220909BB00153 Haner Park 0.54 5.65$ Average annual harvest income (by lot) 11.43$

220904CC00110 Haner Park 0.54 5.65$ Maximum annual harvest income 52.34$

220904CC00133 Haner Park 0.56 5.86$ Minimum annual harvest income 2.62$

220904CC00105 Haner Park 0.56 5.86$

220904CC00107 Haner Park 0.56 5.86$

220909BB00152 Haner Park 0.59 6.18$

220909BB00114 Haner Park 0.62 6.49$

220904CC00141 Haner Park 0.64 6.70$

220904CC00104 Haner Park 0.64 6.70$

220904CC00106 Haner Park 0.68 7.12$

220909BB00126 Haner Park 0.72 7.54$

220909BB00118 Haner Park 0.73 7.64$

220909BB00116 Haner Park 0.74 7.75$

220904CC00111 Haner Park 0.74 7.75$

220909BB00127 Haner Park 0.75 7.85$

220904CC00139 Haner Park 0.76 7.96$

220904CC00140 Haner Park 0.76 7.96$

220904CC00147 Haner Park 0.76 7.96$

220904CC00143 Haner Park 0.77 8.06$

220904CC00109 Haner Park 0.77 8.06$

220909BB00115 Haner Park 0.78 8.17$

220904CC00142 Haner Park 0.78 8.17$

220904CC00148 Haner Park 0.8 8.38$

220909BB00120 Haner Park 0.82 8.58$

220904CC00155 Haner Park 0.83 8.69$

220904CC00156 Haner Park 0.83 8.69$

220909BB00129 Haner Park 0.83 8.69$

220909BB00130 Haner Park 0.83 8.69$

220904CC00146 Haner Park 0.83 8.69$

220909BB00125 Haner Park 0.86 9.00$

220909BB00131 Haner Park 0.9 9.42$

220909BB00123 Haner Park 0.91 9.53$

220904CC00101 Haner Park 0.94 9.84$

220904CC00145 Haner Park 0.95 9.95$

220904CC00103 Haner Park 1 10.47$

220904CC00144 Haner Park 1.01 10.57$

220904CC00112 Haner Park 1.03 10.78$

220904CC00136 Haner Park 1.07 11.20$

220904CC00135 Haner Park 1.13 11.83$

220909BB00117 Haner Park 1.13 11.83$

220904CC00102 Haner Park 1.13 11.83$

220909BB00119 Haner Park 1.21 12.67$

220904CC00150 Haner Park 1.22 12.77$

220904CC00151 Haner Park 1.23 12.88$

220904CC00157 Haner Park 1.25 13.09$

220909BB00113 Haner Park 1.26 13.19$

220909BB00121 Haner Park 1.28 13.40$

220909BB00122 Haner Park 1.34 14.03$

220904CC00149 Haner Park 1.36 14.24$

220904CC00137 Haner Park 1.47 15.39$

220909BB00124 Haner Park 1.55 16.23$

220904CC00134 Haner Park 1.63 17.06$

220909BB00128 Haner Park 1.81 18.95$

220909BB00154 Haner Park 3.81 39.89$

220909BB00158 Haner Park 4.88 51.09$

220909BB00138 Haner Park 5 52.34$

ATTACHMENT 817.a

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2210360002202 Section 36 1 18.22$ Section 36

2210360000800 Section 36 2.5 45.54$ # of lots: 54

2210360000801 Section 36 2.5 45.54$ Average lot size (acres): 10.11

2210360000802 Section 36 2.5 45.54$ Average annual harvest income (by lot) 184.19$

2210360000803 Section 36 2.5 45.54$ Maximum annual harvest income 728.65$

2210360002200 Section 36 5 91.08$ Minimum annual harvest income 18.22$

2210360002201 Section 36 5 91.08$

2210360002300 Section 36 5 91.08$

2210360000300 Section 36 5 91.08$

2210360000400 Section 36 5 91.08$

2210360000500 Section 36 5 91.08$

2210360002400 Section 36 5 91.08$

2210360002507 Section 36 5 91.08$

2210360002508 Section 36 5 91.08$

2210360002512 Section 36 5 91.08$

2210360002513 Section 36 5 91.08$

2210360002514 Section 36 5 91.08$

2210360002515 Section 36 5 91.08$

2210360002516 Section 36 5 91.08$

2210360002517 Section 36 5 91.08$

2210360002518 Section 36 5 91.08$

2210360002520 Section 36 5 91.08$

2210360002521 Section 36 5 91.08$

2210360002523 Section 36 5 91.08$

2210360001500 Section 36 10 182.16$

2210360001600 Section 36 10 182.16$

2210360001700 Section 36 10 182.16$

2210360001800 Section 36 10 182.16$

2210360002000 Section 36 10 182.16$

2210360002100 Section 36 10 182.16$

2210360000900 Section 36 10 182.16$

2210360001200 Section 36 10 182.16$

2210360001300 Section 36 10 182.16$

2210360002501 Section 36 10 182.16$

2210360002503 Section 36 10 182.16$

2210360002504 Section 36 10 182.16$

2210360002505 Section 36 10 182.16$

2210360002506 Section 36 10 182.16$

2210360002509 Section 36 10 182.16$

2210360002510 Section 36 10 182.16$

2210360002511 Section 36 10 182.16$

2210360002519 Section 36 10 182.16$

2210360002522 Section 36 10 182.16$

2210360002524 Section 36 10 182.16$

2210360001400 Section 36 20 364.32$

2210360001900 Section 36 20 364.32$

2210360000200 Section 36 20 364.32$

2210360000600 Section 36 20 364.32$

2210360000700 Section 36 20 364.32$

2210360001000 Section 36 20 364.32$

2210360001100 Section 36 20 364.32$

2210360002500 Section 36 20 364.32$

2210360000100 Section 36 40 728.65$

2210360002502 Section 36 40 728.65$

ATTACHMENT 817.a

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181010AA02200 Skyliner 0.3 4.13$ Skyliner

181010AA02300 Skyliner 0.41 5.65$ # of lots: 49

181010AA03400 Skyliner 0.41 5.65$ Average lot size (acres): 0.73

181010AA03600 Skyliner 0.42 5.79$ Average annual harvest income (by lot) 10.02$

181010AB01100 Skyliner 0.44 6.06$ Maximum annual harvest income 31.42$

181010AA01000 Skyliner 0.45 6.20$ Minimum annual harvest income 4.13$

181010AA03200 Skyliner 0.45 6.20$

181010AA03500 Skyliner 0.45 6.20$

181010AB00800 Skyliner 0.45 6.20$

181010AA03000 Skyliner 0.46 6.34$

181010AA03100 Skyliner 0.46 6.34$

181010AA00900 Skyliner 0.47 6.48$

181010AA02400 Skyliner 0.47 6.48$

181010AA02800 Skyliner 0.47 6.48$

181010AA02700 Skyliner 0.49 6.75$

181010AA02900 Skyliner 0.49 6.75$

181010AA02500 Skyliner 0.5 6.89$

181010AA01100 Skyliner 0.51 7.03$

181010AA02600 Skyliner 0.51 7.03$

181010AB01500 Skyliner 0.51 7.03$

181010AA01900 Skyliner 0.54 7.44$

181010AA01200 Skyliner 0.6 8.27$

181010AA01800 Skyliner 0.61 8.41$

181010AA03300 Skyliner 0.63 8.68$

181010AB01000 Skyliner 0.63 8.68$

181010AA00200 Skyliner 0.64 8.82$

181010AA01400 Skyliner 0.64 8.82$

181010AA02000 Skyliner 0.64 8.82$

181010AA01300 Skyliner 0.69 9.51$

181010AA00700 Skyliner 0.72 9.92$

181010AB01200 Skyliner 0.76 10.47$

181010AB01900 Skyliner 0.78 10.75$

181010AA00400 Skyliner 0.8 11.02$

181010AB00300 Skyliner 0.8 11.02$

181010AA00300 Skyliner 0.83 11.44$

181010AB01400 Skyliner 0.85 11.71$

181010AB00900 Skyliner 0.89 12.26$

181010AA01500 Skyliner 0.9 12.40$

181010AA01700 Skyliner 0.91 12.54$

181010AB00500 Skyliner 0.91 12.54$

181010AB00700 Skyliner 0.95 13.09$

181010AA02100 Skyliner 1.06 14.61$

181010AB01300 Skyliner 1.12 15.43$

181010AB00400 Skyliner 1.16 15.99$

181010AA00100 Skyliner 1.18 16.26$

181010AA00600 Skyliner 1.21 16.67$

181010AB00600 Skyliner 1.34 18.47$

181010AB00200 Skyliner 1.44 19.84$

181010AB01600 Skyliner 2.28 31.42$

141024D007500 Squaw Creek 1.98 32.48$ Squaw Creek

141024D007400 Squaw Creek 2.11 34.62$ # of lots: 8

141024D007300 Squaw Creek 2.17 35.60$ Average lot size (acres): 2.25

141024D007900 Squaw Creek 2.24 36.75$ Average annual harvest income (by lot) 36.87$

141024D007800 Squaw Creek 2.28 37.41$ Maximum annual harvest income 40.69$

141024D000100 Squaw Creek 2.36 38.72$ Minimum annual harvest income 32.48$

141024D007700 Squaw Creek 2.36 38.72$

141024D007600 Squaw Creek 2.48 40.69$

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Zechariah Heck

From: Zechariah HeckSent: Monday, March 02, 2020 9:44 AMTo: Edelman, Scott; '[email protected]'; 'Howard, Gordon'Cc: Zechariah HeckSubject: Deschutes County Nonprime Resource Lands Attachments: 19-265-PA, NPRL -- Notice to Re-open Record Continued Public Hearing.pdf

Scott, Jon, and Gordon – Please see the attached notice of public hearing regarding the Nonprime Resource Lands amendments. The Board has decided to re‐open the record and hold a continued public hearing on April 1, 2020. A mailed notice to Scott and Jon’s address (1011 SW Emkay Drive, Bend) was returned as not deliverable. Let me know if you have any questions or concerns.





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Bend, OR 97701










1704











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Bend, Oregon.






DOCUMENT SUBMISSION



In Person U.S. Mail



P.O. Box 6005

Bend, OR 97708-6005

Email





Limitations









official record.


number(s).











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Zechariah Heck

From: Howard, Gordon <[email protected]>Sent: Friday, January 24, 2020 5:01 PMTo: Edelman, Scott; Zechariah HeckCc: Peter Gutowsky; Adam SmithSubject: RE: Deschutes County Nonprime Resource Lands Amendments

Follow Up Flag: Follow upDue By: Tuesday, February 04, 2020 8:30 AMFlag Status: Flagged

[EXTERNAL EMAIL]

Given the lack of definitive case law on the subject, we can provide no guarantees or warranties regarding our advice on this issue. However, we would have no objection to a Deschutes County decision that the revised scope of this code change, as you described below, did not require re‐notice as a substantial change to a proposed post‐acknowledgment plan amendment. In looking at the general tenor of case law on this subject, we believe that your tentative decision on this matter is sound.

Gordon Howard Community Services Division Manager Oregon Department of Land Conservation and Development 635 Capitol Street NE, Suite 150 | Salem, OR 97301-2540 Direct: 503-934-0034 | Cell: 503-856-6935 | Main: 503-373-0050 [email protected] www.oregon.gov/LCD

From: Zechariah Heck [mailto:[email protected]] Sent: Friday, January 24, 2020 4:57 PM To: Howard, Gordon <[email protected]>; Edelman, Scott <[email protected]> Cc: Peter Gutowsky <[email protected]>; Adam Smith <[email protected]> Subject: RE: Deschutes County Nonprime Resource Lands Amendments Thanks, Gordon. Just to clarify, DLCD does not see a need for Deschutes County to re‐notice a PAPA for the Nonprime Resource Lands amendments based on the omission of specific policies pertaining to general eligibility criteria for quasi‐judicial applications?



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From: Howard, Gordon <[email protected]> Sent: Thursday, January 23, 2020 4:22 PM To: Edelman, Scott <[email protected]>; Zechariah Heck <[email protected]> Cc: Peter Gutowsky <[email protected]> Subject: RE: Deschutes County Nonprime Resource Lands Amendments

[EXTERNAL EMAIL]

Hello Zechariah, while there isn’t any definitive LUBA decision on this particular point, we found the following LUBA headnotes on decisions involving 35‐day notice questions:

25.3.3 Local Government Procedures – Compliance with Statutes – Notice of Hearing. ORS 197.610(1) requires that the Land Conservation and Development Commission be given notice at least 45 days before the first evidentiary hearing on adoption of a post‐acknowledgment comprehensive plan amendment. Where the required notice is given, a second notice is not required under ORS 197.610(1) simply because the local government decides to adopt different parts of the proposed comprehensive plan amendment by separate ordinances. Johnson v. Jefferson County, 56 Or LUBA 72 (2008). 25.3.3 Local Government Procedures ‐ Compliance with Statutes ‐ Notice of Hearing. While deviations from the post acknowledgment plan amendment notice requirements at ORS 197.610(1) may constitute procedural errors that will not provide a basis for remand absent prejudice to a petitioner’s substantial rights, a complete failure to provide notice to the Department of Land Conservation and Development under ORS 197.610(1) is a substantive error and requires remand without regard to whether the failure prejudiced petitioner’s substantial rights. Friends of Bull Mountain v. City of Tigard, 51 Or LUBA 759 (2006) 25.3.3 Local Government Procedures ‐ Compliance with Statutes ‐ Notice of Hearing. Providing notice and a copy of proposed zoning ordinance amendments to DLCD under ORS 197.610(1) and then adopting an additional zoning ordinance amendment that was not included with the notice without providing additional notice to DLCD is not error. OCAPA v. City of Mosier, 44 Or LUBA 452 (2003). 25.3.3 Local Government Procedures ‐ Compliance with Statutes ‐ Notice of Hearing. The broad notice and potential for participation by DLCD and others under ORS 197.610 is the quid pro quo for ORS 197.625, which deems post‐acknowledgment land use regulation amendments to be consistent with the statewide planning goals as a matter of law, if the amendment is not appealed or is affirmed on appeal. Therefore, whether errors in a city’s notice to DLCD under ORS 197.610 warrant remand depends upon whether the errors are of the kind or of a degree that calls into question whether the ORS 197.610 to 197.625 process nevertheless performed its function. If so, remand may be required, without regard to whether petitioners before LUBA can demonstrate prejudice to their substantial rights. OCAPA v. City of Mosier, 44 Or LUBA 452 (2003). 25.3.3 Local Government Procedures – Compliance with Statutes – Notice of Hearing. Not every violation of the requirement at ORS 197.610(1) and its implementing rule that a local government provide notice of proposed post‐acknowledgment plan amendments to the Department of Land Conservation and Development Commission (DLCD)more than 45 days before the initial public hearing is a substantive error that must result in remand. Failure to

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3

specify all of the proposed zone changes on the form provided to DLCD is, at most, procedural error that does not warrant remand absent a demonstration of prejudice to petitioner’s substantial rights. Stallkamp v. City of King City, 43 Or LUBA 333 (2002). What the tenor of these headnotes from LUBA decisions tells me is that you have the ability to cut out portions of the proposal and move forward with the rest without providing a new 35‐day notice.

Gordon Howard Community Services Division Manager Oregon Department of Land Conservation and Development 635 Capitol Street NE, Suite 150 | Salem, OR 97301-2540 Direct: 503-934-0034 | Cell: 503-856-6935 | Main: 503-373-0050 [email protected] www.oregon.gov/LCD

From: Zechariah Heck [mailto:[email protected]] Sent: Thursday, January 23, 2020 3:23 PM To: Edelman, Scott <[email protected]>; Howard, Gordon <[email protected]> Cc: Peter Gutowsky <[email protected]> Subject: Deschutes County Nonprime Resource Lands Amendments Scott and Gordon, Please see 1,000 Friends of Oregon testimony on Deschutes County’s Nonprime Resource Lands amendments (attached). On page 3, 1k Friends states the County’s proposal has substantially changed and is therefore in violation with ORS 197.610. We request DLCD staff’s advice on the matter. As you may recall, the County’s proposal originally had two components:

Specific Comprehensive Plan policies to correct mapping errors for six (6) residential areas;

General Comprehensive Plan policies that establish eligibility criteria for applicant‐initiated, quasi‐judicial applications.

In October of last year, the Board directed staff to move forward with the policies specific to the six residential areas that are inaccurately designated as resource land (EFU / Forest Use). The general policies were to be further reviewed by the Planning Commission. Staff contends the proposal has not substantially changed because the six residential areas have not changed, the proposed policies specific to the six residential areas have stayed the same, and only one policy has been added based on public testimony during the public hearings. Only the general eligibility criteria have been omitted. Please let us know as soon as possible if we need to re‐notice the proposed amendments. Thank you,

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ee*tral Oreg*n tffi'

Assacratir:n *f RIALII]ft 5

Cenl.rai Oregon Associalion oi RFitrLl'O1iSc &Muiiiple Lisiing Servicr ri Cerrt!-al Orcgon

2112 Ni: ,l''' Streei, Benci 0R 977Ci.?l-'o*t:: 54 1.3'8 2.60).7

litx !:47.383.3020F mail. iniofit.aar.tisrnY0ut{ v0rct tt'r tiaAL a57Alf

January 14,2O2O

Deschutes County Board of Commissioners1300 NW WallStreetBend, OR 97703

Re: Nonprime Resource Lands

Dear Chair and Commissioners,

On behalf of the Central Oregon Association of REALTORS@ (COAR) - representing nearly 1,800 real

estate professionals in Deschutes County - thank you for the opportunity to comment on the County'sNonprime Resource Lands program.

We support the proposed comprehensive plan amendments to establish eligibility criteria fordesignating Exclusive Farm Use or Forest Use zoned properties to Nonprime Resource (NPR) Lands

defined in OAR 650-004-0005(3) as "Non-Resource Lands."

Deschutes County is the fastest-growing County in Oregon - far out-pacing the U.S. average. Growthtrends between the April 2010 census through July 1, 2018 show that Deschutes County grew by 2!.7percent. ln comparison, the U.S. national average growth for the'same time period was 6 percent.l

Population estimates indicate that this pattern of rapid growth is not likely to slow in the near futureRecent projections from Portland State University's Oregon Population Forecast Project predict an

increase of more than 57 percent between the recorded July 2018 population and 2043.2

Such significant growth presents myriad challenges to the County, but one of the most pressing is

housing. As real estate professionals, we understand the housing challenges in our region particularlywell and we are acutely aware of the impacts of growth on the local real estate market.

Six months is generally considered a healthy supply of housing. As of January 2O2O, the current housing

supply for all residential property types within Deschutes County is 4.2 months. ln the more affordablesegments of the market, the supply picture is even more bleak - in the $259,000 to $398,999 range,2.7months of inventory is available.3

A limited supply of housing also means fewer options at various - and affordable - price points; leavinglarge portions of the community straining under the weight of housing costs they cannot afford. The U.S

Department of Housing and Urban Development (HUD) considers those whose monthly housing costs

exceed 30 percent of their monthly income to be "housing cost burdened." ln Deschutes County, more

than half of renter households fall into this category.a's

Central Oregon Association ol RFALTORS't I 2112 NE 4' street Benrj OR, g77At I Phone: 541.382.6021

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f,cntrai {Jreg*n tffi'

Ass*c iatinn of REAI-T*fi 5

Certrai Oregi:n ltssocialion ol RLALTORS?' &i'/:triiipl.. Lisiing Serr'!ce ol i-erir::1 Ciregcn

2l12 N[ .]'!'Streei, Bend OR 977Ci?l,cne: 54.i.:82.6027

l:ex 34!.383.'!:l2i)Erlari: iniol@coar..:onrY0IJR YSltt l,\j frlAL tSTAlt

ln an environment in which demand is outstripping supply and significant housing needs exist, it is

prudent to re-evaluate agricultural and forest lands that are not viable for their designated purpose todetermine if they represent opportunities for other uses.

We know that Deschutes County staff have thoroughly studied the identified areas. On the basis ofsound data demonstrating a soil classification that is not optimal for agricultural use, we support theCounty's proposal to re-designate these six specific areas committed to residential uses that wereplatted or conveyed prior to State enabling planning legislation taking effect in Deschutes County,

Thank you for your service to Deschutes County, as well as your consideration of the local real estatecommunity's input. Should you have any questions, please feel free to contact us at 541-382-6027 [email protected].

Sincerely,

JrL-Jack Zika

2020 PresidentCentral Oregon Association of REALTORSo &MLS of Central Oregon

Jason Boone

Chair, Govern ment Affairs Com mitteeCentral Oregon Association of REALTORS@ &MLS of Central Oregon

cc: Nick Lelack, Director, Deschutes County Community Development

Sources1. Stebbins, S. (2019). Fastest Growing County in Every State. Retrieved from

Twallst. ecial 012. Portland State University Population Research Center. (2018). Coordinated Populotion Forecast:

2018 through 2068. Retrieved fromhttps:llwww. odx.ed u/nrclsiteslwww. ndx .edu.prclfiles/Deschutes Reoort Final.pdf

3. Central Oregon Association of REALTORS@. (2020). Multiple Listing Service of Central Oregon(MLSCO)data.

4. Housing for All Regional Consortium. (2019). Regional Housing Needs Assessment. Retrieved fromhttps ://coic2.orslwn-content/u oloadslzO19 I as onal-housing-needs-assessment final-2 ^pdf

5. U.S. Census Bureau Data. (2018). Retrieved fromhttos:/lwww. bendbulletin-com /localstate/6 7 9O886-I5t /m ost-d esch utes-cou ntv-rente rs-oav-

too-much- census

Central Oregon Association of RFALTORS@ | 2112 NF4ti-street BencJ OR, g770t I Phone: 541.382.6027

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DATE: July 1, 2020

FROM: Zechariah Heck, Community Development, 541-385-1704


PUBLIC HEARING: Housekeeping Amendments


The Planning Division regularly amends the Deschutes County Code and the Comprehensive Plan

to correct minor errors identified by staff, other County departments, and the public. This process,

commonly referred to as housekeeping, also incorporates updates from rulemaking at the state

level through amendments to Oregon Revised Statutes and Oregon Administrative Rules. The

Board of County Commissioners will conduct a public hearing on July 15 concerning the

housekeeping amendments.


ATTENDANCE: Zechariah Heck, Associate Planner

18

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MEMORANDUM

TO: Deschutes County Board of Commissioners

FROM: Zechariah Heck, Associate Planner

DATE: July 1, 2020

SUBJECT: Housekeeping Amendments – Public Hearing (files 247-20-000341-PA and 342-TA)

The Board of County Commissioners (Board) will conduct a public hearing on July 15, 2020 at 1:00

p.m. in the Deschutes Services Center, Barnes and Sawyer rooms concerning housekeeping

amendments to Deschutes County Code (DCC). Notice of the hearing was published in The Bulletin.

The hearing will be conducted in-person, electronically and by phone.

I. ZOOM PUBLIC HEARING INFORMATION

Community members planning to provide comments on this agenda item are invited to participate

in this meeting via Zoom. The Zoom meeting ID and password are provided below. Upon entering

the Zoom meeting, participants will automatically be placed on hold and in the waiting room. Once

the Board is ready to hear public comments on this item, participants will be unmuted one-by-one

and enabled to share comments live through the Zoom program.

Electronically by Computer - please click this URL to join: https://us02web.zoom.us/j/81574213315?pwd=d1pBM0w4RkQ5ckJmcG9KY0pHV3RKZz09

Password: 931827

Phone - Listen and participate:

Dial: 669 900 6833

Webinar ID: 815 7421 3315

Email comments prior to the meeting by 12:00 p.m. to [email protected].

II. BACKGROUND

The Planning Division regularly amends DCC and the Comprehensive Plan to correct minor errors

identified by staff, other County departments, and the public. This process, commonly referred to

as housekeeping, also incorporates updates from rulemaking at the state level through

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mailto:Zechariah.heck@deschutes

Page 2 of 4

amendments to Oregon Revised Statutes (ORS) and Oregon Administrative Rules (OAR). The last

time Deschutes County adopted housekeeping amendments occurred in August 2018.1

The Planning Commission reviewed the proposed amendments during a public hearing on June 25,

2020. No public testimony was submitted regarding the amendments. The Planning Commission

recommended approval of the amendments unanimously.

III. OVERVIEW OF AMENDMENTS

The proposed amendments are described in Ordinance 2020-007 (Attachment 1). Added language

is underlined and deleted shown as strikethrough. Table 1 summarizes the amendments.

Table 1 - Summary of Amendments

Exhibit Amendment

C

Title 9 Public Peace and Welfare

Chapter 9.12 Right to Farm

DCC 9.12.100(B) Correct scrivener's error in code reference: DCC 9.12.100 not 9.12.110.

D

Title 15 Buildings and Construction

Chapter 15.04 Building and Construction Codes and Regulations

DCC 15.04.080 Update year edition of International Fire Code.

E

Title 17 Subdivisions

Chapter 17.22 Approval of Tentative Plans for Partitions

DCC 17.22.010(A) Change requirement for partition tentative plat plans from 10 copies to 1

full size copy.

DCC 17.22.020(A)(8) Correct scrivener’s error in code reference.

F


Chapter 17.24 Final Plat

DCC 17.24.040 / .150 /

.160 / .170 Update text to reflect modern practices.

G

Title 18 County Zoning

Chapter 18.04 Title, Purpose and Definitions

DCC 18.04.030 Align definitions of “land disposal site” and “disposal site” with ORS. Delete

“resource recovery” and “solid waste” to reduce confusion.

H


Chapter 18.12 Establishment of Zones

DCC 18.12.040(C) Remove incorrect statement that Title 18 does not apply to the Flood

Plain Zone.

1 Ordinance 2018-006.

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Exhibit Amendment

I


Chapter 18.16 Exclusive Farm Use Zone

DCC 18.16.031(A)

Clarification that a “disposal site which includes a land disposal site” is an

allowable conditional use on non-high value farmland, consistent with

ORS.

DCC 18.16.040(N)

Correct scrivener's error related to conditional use limitations for

composting operations and facilities in EFU Zone. Current DCC

18.16.031(D), should be (C).

J


Chapter 18.36 Forest Use Zone – F1

DCC 18.36.030(F) Clarification that a “disposal site which includes a land disposal site” is an

allowable conditional use, consistent with statute.

K



DCC 18.40.030(G) Clarification that a “disposal site which includes a land disposal site” is an


L


Chapter 18.80 Airport Safety Combining Zone

DCC 18.80.044(F) Add transitional surface to location list for consistency with table.

DCC 18.80 Addendum Updates to Declaration of Anticipated Noise agreement.

M


Chapter 18.84 Landscape Management Combining Zone

DCC 18.84.080(C) Correct scrivener's error to note the subsection (not the whole LM code)

does not apply for consistency with adopted ordinance.

N


Chapter 18.90 Sensitive Bird and Mammal Habitat Combining Zone

DCC 18.90.050(D) Correct 120 day time limit to 150 days for SBMH site plan review timeline.

(150 days applies to counties; 120 days applies to cities.)

O


Chapter 18.108 Urban Unincorporated Community Zone - Sunriver

DCC 18.108.180(B)(6)

Clarify commercial composting, as approved by DEQ, is an allowable

conditional use in the Sunriver Forest District. (Related to update of

“disposal site” and “land disposal site” in DCC 18.04.)

P


Chapter 18.116 Supplementary Provisions

DCC 18.116.330(B)(20) Correct scrivener’s error: add missing word (“with”).

Q


Chapter 18.128 Conditional Use

DCC 18.128.015(C) Correct scrivener's error: "insure" to "ensure".

DCC 18.128.120 Deletion of “landfill, solid waste” to simplify terminology to just “disposal

site”.

DCC 18.128.320(D)(3) Correct scrivener's error ORS reference to OAR.

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Page 4 of 4

Exhibit Amendment

R

Title 19 Bend Urban Area Zoning Ordinance

Chapter 19.22 Westside Transect

DCC 19.22.060(G) Add additional directive text for phasing requirement.

S

Title 22 Deschutes County Development Procedures

Chapter 22.04 Introductions and Definitions

DCC 22.04.020 Correct scrivener's error in Land Use Permit definition.

T


Chapter 22.20 Review of Land use Action Applications

DCC 22.20.015 Correct scrivener’s error (unnecessary word).

U


Chapter 22.34 Proceedings on Remand

DCC 22.34.040(A) and

(B) Proceedings on remand - change "Board" to Hearings Body.

V


Chapter 22.36 Limitations on Approvals

DCC 22.36.010

Align DCC with statute by clarifying the approval period for permits

granting approval of: 1) replacement of lawfully established dwelling in

Forest Use zones; and, 2) caretaker residences for public parks / public

fish hatcheries.

W

Title 23 Comprehensive Plan

Section 2.6 Wildlife

Policy 2.6.12 Change scrivener's error for Sage Grouse ordinances from 2010-010/11 to

2015-010/11.

IV. NEXT STEPS

At the conclusion of the public hearing, the Board may:

Continue the hearing to a date certain;

Close the hearing and leave the written record open to a date certain; or

Close the hearing, and commence deliberations.

Attachments

1) Ordinance 2020-007 (Proposed Amendments and Draft Findings)

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PAGE 1 OF 4 - ORDINANCE NO. 2020-007

For Recording Stamp Only

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON

“An Ordinance Amending Deschutes County

Code Title 9, Public Peace and Welfare, Title 15,

Buildings and Construction, Title 17, Subdivisions,

Title 18, Zoning Ordinance, Title 19, Bend Urban

Area Zoning Ordinance, Title 22, Procedures

Ordinance, and, Title 23, Deschutes County

Comprehensive Plan, to Incorporate Changes to State

Law, and Provide Clarification of Existing

Regulations, Procedures, and Policies.”

*

*

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*

*

*

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*

ORDINANCE NO. 2020-007

WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments

(Planning Division File Nos. 247-20-000341-PA and 247-20-000342-TA) to the Deschutes County Code

(“DCC”), Chapter 9.12 – Right to Farm, Chapter 15.04 – Building and Construction Codes and Regulations,

Chapter 17.22 – Approval of Tentative Plans for Partitions, Chapter 17.24 – Final Plat, Chapter 18.04 – Purpose

and Definitions, Chapter 18.12 – Establishment of Zones, Chapter 18.16 – Exclusive Farm Use Zones, Chapter

18.36 – Forest Use Zone F1, Chapter 18.40 – Forest Use Zone F2, Chapter 18.80 – Airport Safety Combining

Zone, Chapter 18.84 – Landscape Management Combining Zone, Chapter 18.90 – Sensitive Bird and Mammal

Habitat Combining Zone, Chapter 18.108 – Urban Unincorporated Community Zone-Sunriver, Chapter 18.116 –

Supplementary Provisions, Chapter 18.128 – Conditional Uses, Chapter 19.22 – Westside Transect Zone, Chapter

22.04 – Introductions and Definitions, Chapter 22.20 – Review of Land Use Actions Applications, Chapter 22.34

– Proceedings on Remand, Chapter 22.36 – Limitations on Approvals, and Title 23 – Deschutes County

Comprehensive Plan Chapter 2; and

WHEREAS, the Deschutes County Planning Commission reviewed the proposed amendments on June

25, 2020, and subsequently forwarded a recommendation of Approval to the Deschutes County Board of County

Commissioners (“Board”); and

WHEREAS, the Board considered this matter after a duly noticed public hearing on July 15, 2020, and

concluded that the public will benefit from the proposed changes to the Deschutes County Comprehensive Plan

Title 23 and Deschutes County Code Chapter Titles 9, 15, 17, 18, 19, and 22;

NOW, THEREFORE,

THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS

as follows:

Section 1. AMENDMENT. DCC Title 23.01.010, Introduction, is amended to read as described in

Exhibit “A”, attached hereto and by this reference incorporated herein, with new language underlined and

language to be deleted in strikethrough.

REVIEWED

______________

LEGAL COUNSEL

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Section 2. AMENDMENT. Deschutes County Comprehensive Plan Chapter 5, Legislative History, is

amended to read as described in Exhibit “B”, attached hereto and by this reference incorporated herein, with new

language underlined and language to be deleted in strikethrough.

Section 3. AMENDMENT. Deschutes County Code Chapter 9.12, Right to Farm, is amended to read

as described in Exhibit “C”, attached hereto and by this reference incorporated herein, with new language

underlined and language to be deleted in strikethrough.

Section 4. AMENDMENT. Deschutes County Code Chapter 15.04, Building and Construction Codes

and Regulations, is amended to read as described in Exhibit “D”, attached hereto and by this reference

incorporated herein, with new language underlined and language to be deleted in strikethrough.

Section 5. AMENDMENT. Deschutes County Code Chapter 17.22, Approval of Tentative Plans for

Partitions, is amended to read as described in Exhibit “E”, attached hereto and by this reference incorporated

herein, with new language underlined and language to be deleted in strikethrough.

Section 6. AMENDMENT. Deschutes County Code Chapter 17.24, Final Plat, is amended to read as

described in Exhibit “F”, attached hereto and by this reference incorporated herein, with new language underlined

and language to be deleted in strikethrough.

Section 7. AMENDMENT. Deschutes County Code Chapter 18.04, Purpose and Definitions, is

amended to read as described in Exhibit “G”, attached hereto and by this reference incorporated herein, with new


Section 8. AMENDMENT. Deschutes County Code Chapter 18.12, Establishment by Zones, is

amended to read as described in Exhibit “H”, attached hereto and by this reference incorporated herein, with new


Section 9. AMENDMENT. Deschutes County Code Chapter 18.16, Exclusive Farm Use Zones, is

amended to read as described in Exhibit “I”, attached hereto and by this reference incorporated herein, with new


Section 11. AMENDMENT. Deschutes County Code Chapter 18.36, Forest Use Zone – F1, is amended

to read as described in Exhibit “J”, attached hereto and by this reference incorporated herein, with new language


Section 12. AMENDMENT. Deschutes County Code Chapter 18.40, Forest Use Zone – F2, is amended

to read as described in Exhibit “K”, attached hereto and by this reference incorporated herein, with new language


Section 13. AMENDMENT. Deschutes County Code Chapter 18.80, Airport Safety Combining Zone, is

amended to read as described in Exhibit “L”, attached hereto and by this reference incorporated herein, with new


Section 14. AMENDMENT. Deschutes County Code Chapter 18.84, Landscape Management

Combining Zone, is amended to read as described in Exhibit “M”, attached hereto and by this reference


Section 15. AMENDMENT. Deschutes County Code Chapter 18.90, Sensitive Bird and Mammal

Habitat Combining Zone, is amended to read as described in Exhibit “N”, attached hereto and by this reference


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Section 16. AMENDMENT. Deschutes County Code Chapter 18.108 Urban Unincorporated

Community Zone – Sunriver, is amended to read as described in Exhibit “O”, attached hereto and by this reference


Section 17. AMENDMENT. Deschutes County Code Chapter 18.116, Supplementary Provisions, is

amended to read as described in Exhibit “P”, attached hereto and by this reference incorporated herein, with new


Section 18. AMENDMENT. Deschutes County Code Chapter 18.128, Conditional Use, is amended to

read as described in Exhibit “Q”, attached hereto and by this reference incorporated herein, with new language


Section 19. AMENDMENT. Deschutes County Code Chapter 19.22, Westside Transect Zone, is

amended to read as described in Exhibit “R”, attached hereto and by this reference incorporated herein, with new


Section 20. AMENDMENT. Deschutes County Code Chapter 22.04, Introductions and Definitions, is

amended to read as described in Exhibit “S”, attached hereto and by this reference incorporated herein, with new


Section 21. AMENDMENT. Deschutes County Code Chapter 22.20, Review of Land Use Actions

Applications, is amended to read as described in Exhibit “T”, attached hereto and by this reference incorporated

herein, with new language underlined and language to be deleted in strikethrough.

Section 22. AMENDMENT. Deschutes County Code Chapter 22.34, Proceedings on Remand, is

amended to read as described in Exhibit “U”, attached hereto and by this reference incorporated herein, with new


Section 23. AMENDMENT. Deschutes County Code Chapter 22.36, Limitations on Approvals, is

amended to read as described in Exhibit “V”, attached hereto and by this reference incorporated herein, with new


Section 24. AMENDMENT. Deschutes County Comprehensive Plan, Section 2.6 – Wildlife Policies, is

amended to read as described in Exhibit “W”, attached hereto and by this reference incorporated herein, with new


Section 25. FINDINGS. The Board adopts as its findings Exhibit “X”, attached and incorporated by

reference herein.

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Dated this _______ of ___________, 2020 BOARD OF COUNTY COMMISSIONERS

OF DESCHUTES COUNTY, OREGON

______________________________________

PATTI ADAIR, Chair

______________________________________

ANTHONY DEBONE, Vice Chair

ATTEST:

______________________________________

Recording Secretary

______________________________________

PHILIP G. HENDERSON

Date of 1st Reading: _____ day of ____________, 2020.

Date of 2nd Reading: _____ day of ____________, 2020.

Record of Adoption Vote:

Commissioner Yes No Abstained Excused

Patti Adair

Anthony DeBone

Philip G. Henderson

Effective date: _____ day of ____________, 2020.

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PAGE 1 OF 1 – EXHIBIT A TO ORDINANCE NO. 2020-007

Chapter 23.01 COMPREHENSIVE PLAN

23.01.010. Introduction.

...

MM. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance

2020-007, are incorporated by reference herein.

(Ord. 2020-007§1, 2020; Ord. 2020-001§26, 2020; Ord. 2019-019 §2, 2019; Ord. 2019-016 §3,

2019; Ord. 2019-006 § 1, 2019; Ord. 2019-011 § 1, 2019; Ord. 2019-004 §1, 2019; Ord. 2019-003

§1, 2019; Ord. 2019-001 §1, 2019; Ord. 2019-002 §1, 2019; Ord. 2018-008 §1, 2018; Ord. 2018-005

§2, 2018; Ord. 2018-011 §1, 2018; Ord. 2018-006 §1, 2018; Ord. 2018-002 §1, 2018; Ord. 2017-007

§1, 2017; Ord. 2016-029 §1, 2016; Ord. 2016-027 §1, 2016; Ord. 2016-005 §1, 2016; Ord. 2016-022

§1, 2016; Ord. 2016-001 §1, 2016; Ord. 2015-010 §1, 2015; Ord. 2015-018 § 1, 2015; Ord. 2015-029 §

1, 2015; Ord. 2015-021 § 1, 2015; Ord. 2014-027 § 1, 2014; Ord. 2014-021 §1, 2014; Ord. 2014-12

§1, 2014; Ord. 2014-006 §2, 2014; Ord. 2014-005 §2, 2014; Ord. 2013-012 §2, 2013; Ord. 2013-009

§2, 2013; Ord. 2013-007 §1, 2013; Ord. 2013-002 §1, 2013; Ord. 2013-001 §1, 2013; Ord. 2012-016

§1, 2012; Ord. 2012-013 §1, 2012; Ord. 2012-005 §1, 2012; Ord. 2011-027 §1 through 12, 2011;

Ord. 2011-017 repealed; Ord.2011-003 §3, 2011)

Click here to be directed to the Comprehensive Plan (http://www.deschutes.org/compplan)

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DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 1

CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.11 GOAL 5 ADOPTED ORDINANCES

PAGE 1 OF 1 – EXHIBIT B TO ORDINANCE NO. 2020-007

Background

This section contains the legislative history of this Comprehensive Plan.

Table 5.11.1 Comprehensive Plan Ordinance History

Ordinance

Date

Adopted/

Effective

Chapter/Section Amendment

… … … …

2020-007 Date Adopted /

Date Effective 23.01.010, 2.6

Housekeeping

Amendments correcting

references to two Sage

Grouse ordinances.

Section 5.12 Legislative History

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PAGE 1 OF 1 – EXHIBIT C TO ORDINANCE NO. 2020-007

Chapter 9.12. RIGHT TO FARM

…

9.12.100. Protection of Allowed Farm and Forest Uses in Zones Other than EFU and Forest

Zones.

A. On lands other than those zoned for farm or forest use, no farm or forest use allowed in a zone shall be

declared to be a public or private nuisance or trespass, or support any complaint procedure, or give rise

to a claim for relief in favor of, or to protect the interests of, nonresource uses or any persons or

property associated therewith, to the extent that such controversy, proceeding or claim would arise

under an ordinance or the inherent authority of Deschutes County.

B. DCC 9.12.100110 shall apply:

1. To farming practices on commercial farms only, notwithstanding the definition of farming in DCC

9.12.

2. Whether or not the farm practice occurs within the applicable urban growth boundary.

3. Where the commercial farming or forest practice existed before the conflicting nonfarm or

nonforest use of real property that gave rise to the complaint.

(Ord. 2020-007 §3, 2020; Ord. 95-024 §6, 1995)

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PAGE 1 OF 1 – EXHIBIT D TO ORDINANCE NO. 2020-007

Chapter 15.04. BUILDING AND CONSTRUCTION CODES AND REGULATIONS

…

15.04.080. Fire Code-Adopted.

The 20192009 edition of the International Fire Code, as published by the International Code Council and as

amended by the Office of State Fire Marshal, a copy of which is on file with the County Clerk, hereinafter

referred to as "fire code," is adopted in its entirety as the fire code of the County and incorporated by

reference herein.

(Ord. 2020-007 §4, 2020; Ord. 2011-022, §2, 2011; Ord. 97-024 §1, 1997; Ord. 93-006 §1, 1993; Ord.

90-005 §4, 1990; Ord. 86-068 §1, 1986; Ord. 83-056 §6, 1983)

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PAGE 1 OF 1 – EXHIBIT E TO ORDINANCE NO. 2020-007 1

Chapter 17.22. APPROVAL OF TENTATIVE PLANS FOR PARTITIONS

17.22.010. Filing Procedures and Requirements.

17.22.020. Requirements for Approval.

…

17.22.010. Filing Procedures and Requirements.

A. Any person, or his authorized agent or representative, proposing a land partition, shall prepare and

submit a minimum of 10 copies copy of the tentative plan and one (1) reduced scale copy 8 ½” x 11” or

11” x 17”, hereinafter described, unless more copies are required by the Planning Director, in

accordance with the prescribed procedures, and the appropriate filing fee, to the Planning Division.

…

(Ord. 2020-007 §5 2020; Ord. 2008-030 § 4, 2008; Ord. 2006-007 §3, 2005; Ord. 93-012 §21, 1993; Ord.

90-003 §1, Exhibit A, 1990; Ord. 81-043 §1, Exhibit A, §5.015, 1981)

17.22.020. Requirements for Approval.

A. No application for partition shall be approved unless the following requirements are met:

…

8. For partitions or portions thereof within one-half mile of SM zones, the applicant shows that a noise

or dust sensitive use, as defined in DCC Title 18, can be sited consistent with the requirements of

DCC 18.56, as demonstrated by the site plan and accompanying information required to be

submitted under DCC 17.22.010(C). 17.28.010(C).

…

(Ord. 2020-007 §5 2020; Ord. 2006-007 §3, 2005; Ord. 93-012 §22, 1993; Ord. 90-003 §1, Exhibit A, 1990;

Ord. 81-043 §1, Exhibit A, §5.020, 1981)

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PAGE 1 OF 2 – EXHIBIT F TO ORDINANCE NO. 2020-007

Chapter 17.24. FINAL PLAT

… 17.24.040. Form.

The final plat shall be submitted in the form prescribed by state statute and DCC Title 17. All plats and

other writings or dedications made a part of such plats offered for recording shall be made in black India ink

upon an 18 inch by 24-inch sheet, with an additional three-inch binding edge on the left side. The plat shall

be made upon drafting material of at least four mil thickness that is suitable for binding and copying and

have such other characteristics of strength and permanency as may be required by the County Surveyor. All

signatures on the original subdivision or partition plat shall be in permanent black India-type ink. The plat

shall be of such a scale as established by the County Surveyor, and the lettering of the approvals,

dedications, the Surveyor's certificate, and all other information shall be of such size or type as will be

clearly legible, but no part shall come nearer to any edge of the sheet than one inch. The plat may contain as

many sheets as necessary, but an index page shall be included for plats of three or more sheets.

(Ord. 2020-007 §6, 2020; Ord. 93-012 §25(A), 1993; Ord. 90-003 §1, Exhibit A, 1990; Ord. 81-043 §1,

Exhibit A, §4.015, 1981)

…

17.24.150. Recording.

A No plat shall have any force or effect until it has been recorded. No title to property described in any

dedication on the plat shall pass until recording of the plat.

B. The applicant must present the original approved plat plus two exact mylar copies at the time of

recording. The Surveyor who made the plat shall make an affidavit on the mylar copies indicating that

the copy or tracing is a true and exact copy of the plat. Prior to submission to the County Clerk of a plat

of a County-approved subdivision or partition, the applicant shall provide 15 blue line copies of the plat

to the planning division and pay the appropriate cartography fee. No plat shall be recorded with the

County Clerk unless accompanied by a written statement from the Planning Division that all

requirements have been met.

C. No plat may be recorded unless all city or County approvals required under ORS 92 with respect to land

division and surveying and mapping have been obtained. If the plat or the circumstances of its

presentation do not allow the Clerk to make this determination, the Clerk may make such inquiry as is

necessary to establish that such requirements have been met.

D. No subdivision plat shall be recorded unless all ad valorem taxes and all special assessments, fees or

other charges required by law to be placed upon the tax roll that have become a lien upon the

subdivision or that will become a lien upon the subdivision during the tax year have been paid.

E. No plat shall be recorded unless it is accompanied by a signed statement of water rights and, if there are

water rights appurtenant to the property being divided, an acknowledgment of receipt by the Oregon

Department of Water Resources of applicant's statement of water rights. This provision shall not apply

if the partition or subdivision plat displays the approval of any special district referred to in DCC

17.24.090.

F. No plat shall be recorded unless it complies with the provisions of DCC 17.24.040 regarding form.

G. Following submission of the approved plat and required copies, and upon payment of such recording

fees as prescribed by the County, the original shall be recorded in the County Clerk's plat records by

scanning and microfilming the plat. The physical copy of the recorded plat shall be released by the County

Clerk to the County Surveyor for filing. One copy of the final plat submitted shall be preserved without

folding in the archives of the County Clerk. The other copy shall be filed with the County Surveyor.

(Ord. 2020-007 §6, 2020; Ord. 2006-007 §4, 2006; Ord. 2005-044 §1, 2005; Ord 93-012 §31, 1993; Ord. 90-

003 §1, Exhibit A, 1990; Ord. 81-043 §1, Exhibit A, §4.065, 1981)

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PAGE 2 OF 2 – EXHIBIT F TO ORDINANCE NO. 2020-007

17.24.160. Approval and Recordation of Subdivision Interior Monuments.

A. Approval. Within five days of completion of the setting of interior monuments as allowed by the

County Surveyor under DCC 17.24.100, the Surveyor performing the work shall notify the City or

County Surveyor, as the case may be, of the completion of the work. At that time the Surveyor

performing the work shall submit to the city or County Surveyor such documentation as the City or

county Surveyor shall require demonstrating that the work has been completed in accordance with the

Surveyor's affidavit recorded on the plat and ORS 92, including an affidavit in conformance to the

requirements of ORS 92.070(3)(b).

B. Recordation of Affidavit. upon approval by the City or County Surveyor, as the case may be, the

monumentation affidavit shall be recorded in the office of the County Clerk.

C. Reference of Monumentation. The County Surveyor shall, in all cases, note the monuments set and the

recorder's information on the original subdivision plat provided to the County Surveyor and any true

and exact copies filed in accordance with DCC 17.24.150.

D. Reference of County Surveyor's Approval. The County Surveyor shall, in all cases, the County

Surveyor shall reference his approval on the plat filed in the County Surveyor’s records in accordance

with DCC 17.24.150. on the original subdivision plat previously recorded.

(Ord. 2020-007 §6, 2020; Ord. 90-003 §1, Exhibit A, 1990)

17.243.170. Correction of Errors.

A A plat may be amended to correct errors specified in ORS 92.170(1).

B. Amendment of a plat pursuant to DCC 17.24.170 shall be made by an affidavit of correction prepared in

accordance with ORS 92.170(3).

C. The affidavit shall be submitted to the City or County Surveyor, as the case may be, who shall certify

that the affidavit has been examined and that the changes shown on the affidavit are permitted under

ORS 92.170(1). After approval by the Surveyor, the affidavit shall be recorded with the Clerk upon

payment of such recording and Surveyor's fees as set by the Board.

D. The County Surveyor shall, in all cases, note the correction and the recording reference from the affidavit

on the plat filed in the County Surveyor’s records in accordance with upon the original plat and upon the

true and exact copies filed pursuant to DCC 17.24.150.

(Ord. 2020-007 §6, 2020; Ord. 90-003 §1, Exhibit A, 1990; Ord. 81-043 §1, Exhibit A, §4.070, 1981)

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PAGE 1 OF 2 – EXHIBIT G TO ORDINANCE NO. 2020-007

Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS ... 18.04.030. Definitions.

As used in DCC Title 18, the following words and phrases shall mean as set forth in DCC 18.04.030. … "Disposal site", as used in Title 18, is defined in ORS 459. means land facilities used for disposal, handling or transfer of or resource recovery of solid wastes. … "Land disposal site", as used in Title 18, is defined in ORS 459. means a disposal site and related facilities at which the method of disposing solid waste is by landfill. … "Resource recovery" means the process of obtaining useful material or energy resources from solid waste and includes: A. "Energy recovery," which means recovery in which all or a part of the solid waste materials are

processed to utilize the heat content, or other forms of energy, of or from the material. B. "Material recovery," which means any process of obtaining from solid waste, by presegregation

or otherwise, materials which still have useful physical or chemical properties and can be reused or recycled from some purpose.

C. "Recycling," which means any process by which solid waste materials are transformed into new products in such a manner that the original products may lose their identity.

D. "Reuse," which means the return of a commodity into the economic stream for use in the same kind of application as before without change in its identity.

… "Solid waste" for the purposes of DCC Title 18, means all putrescible and nonputrescible wastes, including but not limited to garbage, rubbish, refuse, ashes, waste paper and cardboard; commercial, industrial, demolition and construction wastes, discarded home and industrial appliances; and other wastes; but the term does not include: A. Hazardous wastes as defined in ORS 466.005(7). B. Materials used for fertilizer or for other productive purposes or which are salvageable as such

materials are used on land in agricultural operations and growing or harvesting of crops and the raising of animals.

(Ord. 2020-007 §7, 2020; Ord. 2020-001 §1, 2020; Ord. 2019-016 §1, 2019; Ord. 2019-010 §1, 2019; Ord. 2018-005, §8, 2018 repealed; Ord. 2018-006 §4, 2018; Ord. 2017-015 §1, 2017; Ord. 2016-026 §1, 2016; Ord. 2016-015 §1, 2016; Ord. 2016-006 §1, 2016; Ord. 2015-004 §1, 2015; Ord. 2014-009 §1, 2014; Ord. 2013-008 §1, 2013; Ord. 2012-007 §1, 2012; Ord. 2012-004 §1, 2012; Ord. 2011-009 §1, 2011; Ord. 2010-022 §1, 2010; Ord. 2010-018 3, 2010, Ord. 2008-007 §1, 2008; Ord. 2008-015 §1, 2008; Ord. 2007-005 §1, 2007; Ord. 2007- 020 §1, 2007; Ord. 2007-019 §1, 2007; Ord. 2006-008 §1, 2006; Ord. 2005-041 §1, 2005; Ord. Chapter 18.04 35 ( 04/2015) 2004-024 §1, 2004; Ord. 2004-001 §1, 2004; Ord. 2003-028 §1, 2003; Ord. 2001-048 §1, 2001; Ord. 2001-044 §2, 2001; Ord. 2001-037 §1, 2001; Ord. 2001-033 §2, 2001; Ord. 97-078 §5, 1997; Ord. 97-017 §1, 1997; Ord. 97-003 §1, 1997; Ord. 96-082 §1, 1996; Ord. 96-003 §2, 1996; Ord. 95-077 §2, 1995; Ord. 95-075 §1, 1975; Ord. 95-007 §1, 1995; Ord. 95-001 §1,

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PAGE 2 OF 2 – EXHIBIT G TO ORDINANCE NO. 2020-007

1995; Ord. 94-053 §1, 1994; Ord. 94-041 §§2 and 3, 1994; Ord. 94-038 §3, 1994; Ord. 94-008 §§1, 2, 3, 4, 5, 6, 7 and 8, 1994; Ord. 94-001 §§1, 2, and 3, 1994; Ord. 93-043 §§1, 1A and 1B, 1993; Ord. 93- 038 §1, 1993; Ord. 93-005 §§1 and 2, 1993; Ord. 93-002 §§1, 2 and 3, 1993; Ord. 92-066 §1, 1992; Ord. 92-065 §§1 and 2, 1992; Ord. 92-034 §1, 1992; Ord. 92-025 §1, 1992; Ord. 92-004 1 and 2, 1992; Ord. 91-038 §§3 and 4, 1991; Ord. 91-020 §1, 1991; Ord. 91-005 §1, 1991; Ord. 91-002 §11, 1991; Ord. 90-014 §2, 1990; Ord. 89-009 §2, 1989; Ord. 89-004 §1, 1989; Ord. 88- 050 §3, 1988; Ord. 88-030 §3, 1988; Ord. 88-009 §1, 1988; Ord. 87-015 §1, 1987; Ord. 86-056 2, 1986; Ord. 86-054 §1, 1986; Ord. 86-032 §1, 1986; Ord. 86-018 §1, 1986; Ord. 85-002 §2, 1985; Ord. 84-023 §1, 1984; Ord. 83-037 §2, 1983; Ord. 83-033 §1, 1983; Ord. 82-013 §1, 1982)

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PAGE 1 OF 1 – EXHIBIT H TO ORDINANCE NO. 2020-007 1

Chapter 18.12. ESTABLISHMENT OF ZONES … 18.12.040. Zone Boundaries.

Unless otherwise specified, zone boundaries are section lines, subdivision lines, lot lines, center lines of street or railroad rights of way, water courses, ridges or rimrocks, other readily recognizable or identifiable natural features, or the extension of such lines. In case of any dispute regarding the zoning classification of property subject to the County code, the original ordinance with map exhibit contained in the official county records will control. Whenever uncertainty exists as to the boundary of a zone as shown on the zoning map or amendment thereto, the following rules shall apply: A. Where a boundary line is indicated as following a street, alley, canal or railroad right of way, it shall be

construed as following the centerline of such right of way. B. Where a boundary line follows or approximately coincides with a section lines or division thereof, lot or

property ownership line, it shall be construed as following such line. C. If a zone boundary as shown on the zoning map divides a lot or parcel between two zones, the entire lot

or parcel shall be deemed to be in the zone in which the greater area of the lot or parcel lies, provided that this adjustment involves a distance not exceeding 100 feet from the mapped zone boundary. DCC DCC 18.12.040 does not apply to areas zoned flood plain. Title 18 does not apply to areas zoned flood plain.

(Ord 2020-007 §8, 2020; Ord 2008-017 § 1.2008, Ord. 91-020 §1, 1991; Ord. 91-005 §3, 1991; Ord. 80-206 §2, 1980)

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PAGE 1 OF 1 – EXHIBIT I TO ORDINANCE NO. 2020-007

Chapter 18.16. EXCLUSIVE FARM USE ZONES … 18.16.031. Conditional Uses on Non-high Value Farmland Only.

The following uses may be allowed only on tracts in the Exclusive Farm Use Zones that constitute non-high value farmland subject to applicable provisions of the Comprehensive Plan and DCC 18.16.040 and other applicable sections of DCC Title 18. A. A site for the disposal of solid waste A disposal site which includes a land disposal site approved by the

governing body of a city or County or both and for which a permit has been granted under ORS 459.245 by the Department of Environmental Quality together with equipment, facilities or buildings necessary for its operation.

… (Ord. 2020-007 §9, 2020; Ord. 2014-010 §1, 2014; Ord. 2012-007 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2004-001 §2, 2004; Ord. 95-007 §12, 1995) … 18.16.040. Limitations on Conditional Uses. N. Pre-Application Conference

1. Before an applicant may submit an application under DCC Chapter 22.08 and DCC 18.16.031(CD), for land use approval to establish or modify a disposal site for composting that requires a permit issued by the Oregon Department of Environmental Quality, the applicant shall: a. Request and attend a pre-application conference described in DCC 18.16.040(N)(3); b. Hold a pre-application community meeting described in DCC 18.16.040(N)(6).

(Ord. 2020-007 §9, 2020; Ord. 2018-006 §5, 2018; Ord. 2015-016 §2, 2015; Ord. 2014-010 §1, 2014; Ord. 2012-007 §2, 2012; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2006-008 §3, 2006; Ord. 2004-001 §2, 2004; Ord. 98-030 §1, 1998; Ord. 95-075 §1, 1995; Ord. 95-007 §14, 1995; Ord. 92-065 §3, 1992; Ord. 91-038 §1 and 2, 1991; Ord. 91-020 §1, 1991; Ord. 91-011 §1, 1991)

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PAGE 1 OF 1 – EXHIBIT J TO ORDINANCE NO. 2020-007

Chapter 18.36. FOREST USE ZONE - F-1 … 18.36.030. Conditional Uses Permitted.

The following uses and their accessory uses may be allowed in the Forest Use Zone, subject to applicable provisions of the Comprehensive Plan, DCC 18.36.040 and other applicable sections of DCC Title 18. A. Private hunting and fishing operations without any lodging accommodations. B. Caretaker residences for public parks and fish hatcheries. C. Temporary forest labor camps limited to the duration of the forest operation requiring its use. D. Exploration for and production of geo-thermal, gas, oil and other associated hydrocarbons, including the

placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the well head.

E. Log scaling and weigh stations. F. A disposal site which includes a land disposal site Disposal site for solid waste for which the

Department of Environmental Quality has granted a permit under ORS 459.245, together with equipment, facilities or buildings necessary for its operation.

(Ord. 2020-007 §10, 2020; Ord. 2018-006 §6, 2018; Ord. 2012-007 §3, 2012; Ord. 2007-020 §3, 2007; Ord. 2004-002 §5, 2004; Ord. 2000-033 §1, 2000; Ord. 94-038 §1, 1994; Ord. 92-068 §1, 1992; Ord. 92-025 §2, 1992; Ord. 91-038 §1, 1991; Ord. 90-014 §28, 1990; Ord. 86-018 §8, 1986)

…

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PAGE 1 OF 1 – EXHIBIT K TO ORDINANCE NO. 2020-007

Chapter 18.40. FOREST USE ZONE - F-2 … 18.40.030. Conditional Uses Permitted.

The following uses and their accessory uses may be allowed in the Forest Use Zone, subject to applicable provisions of the Comprehensive Plan, DCC 18.40.040 and other applicable sections of DCC Title 18: A. Private hunting and fishing operations without any lodging accommodations. B. Caretaker residences for public parks and fish hatcheries. C. Temporary forest labor camps limited to the duration of the forest operation requiring it use. D. Destination Resorts where mapped in a DR zone and subject only to the provisions of DCC 18.113 and

other applicable provisions of DCC Title 18 and the Comprehensive Plan not contained in DCC 18.40. E. Exploration for and production of geothermal, gas, oil and other associated hydrocarbons, including the

placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the well head.

F. Log scaling and weigh stations. G. A disposal site which includes a land disposal site Disposal site for solid waste for which the

Department of Environmental Quality has granted a permit under ORS 459.245, together with equipment, facilities or buildings necessary for its operation.

(Ord. 2020-009 §11, 2020; Ord. 2018-006 §7, 2018; Ord. 2012-007 §4, 2012; Ord. 2007-020 §4, 2007; Ord. 2004-002 §6, 2004; Ord. 2000-033 §1, 2000; Ord. 94-038 §1, 1994; Ord. 92-068 §1, 1992; Ord. 92-025 §2, 1992; Ord. 91-038 §1, 1991; Ord. 90-014 §28, 1990; Ord. 86-018 §8, 1986) …

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PAGE 1 OF 3 – EXHIBIT L TO ORDINANCE NO. 2020-007

Chapter 18.80 AIRPORT SAFETY COMBINING ZONE - AS

…

18.80.044. Land Use Compatibility.

Applications for land use or building permits for properties within the boundaries of this overlay zone shall

comply with the requirements of DCC 18.80 as provided herein. When compatibility issues arise, the

Planning Director or Hearings Body is required to take actions that eliminate or minimize the

incompatibility by choosing the most compatible location or design for the boundary or use. Where

compatibility issues persist, despite actions or conditions intended to eliminate or minimize the

incompatibility, the Planning Director or Hearings Body may disallow the use or expansion, except where

the action results in loss of current operational levels and/or the ability of the airport to grow to meet future

community needs. Reasonable conditions to protect the public safety may be imposed by the Planning

Director or Hearings Body. [ORS 836.619; ORS 836.623(1); OAR 660-013-0080]

…

F. Limitations and Restrictions on Allowed Uses in the RPZ, Transitional Surface, Approach Surface, and

Airport Direct and Secondary Impact Areas.

For the Redmond, Bend, Sunriver, and Sisters airports, the land uses identified in DCC 18.80 Table 1,

and their accessory uses, are permitted, permitted under limited circumstances, or prohibited in the

manner therein described. In the event of conflict with the underlying zone, the more restrictive

provisions shall control. As used in DCC 18.80.044, a limited use means a use that is allowed subject to

special standards specific to that use.

(Ord. 2020-007 §12, 2020; Ord. 2018-006 §10, 2018; Ord. 2001-001 §2, 2001; Ord. 91-020 §1, 1991)

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Declaration of Anticipated Noise

As a condition of the grant of development approval pursuant to DCC 18.80, the undersigned, hereinafter

referred to as Grantor, Grantees (whether singular or plural), hereby covenants and agrees that they it shall

not, by reason of their ownership or occupation of the following described real property, protest or bring suit

or action against the [Name of Airport] or Deschutes County, for aviation-related noise, including property

damage or personal injury from said noise connected when such activities conform to:

1. Airport activities lawfully conducted in connection with a pre-existing airport, as that term is defined in

DCC 18.80.022(B), at the described airport; or

2. Airport activities that might be lawfully conducted in the future at the described airport under County or

State permits or exemptions.

The real property of Grantorees subject to this covenant and agreement is situated in Deschutes County,

State of Oregon, and described as set forth in that certain [Statutory Warranty Deed] dated [date], as record

in [the Official Records of Deschutes County as instrument number 20xx-xxxxx] OR [Volume xx, Page xx

of the Deschutes County Book of Records;.

Tax Lot_______ of Township_____Range_____ E.W.M., Section ______, and further described as

____________________________________.

Grantor(s) acknowledge that by virtue of such grant he/they have no remaining rights to complain or

protest about the protected activities described above.

This Declaration of Anticipated Noise runs with the land and is binding upon the heirs, successors and

assigns of the undersigned’s interest in the described real property or any persons acquiring through he

undersigned an interest in the described real property.

Deschutes County requires the execution of this covenant and agreement by the Grantores as a pre-requisite

to Deschutes County approving a partition, subdivision, or issuing a building permit for Grantor’sees

development on the above- described real property, which real property is located within the noise impact

boundary of the [Name of Airport]. This agreement Declaration is executed for the protection and benefit

of the [Name of Airport] and Deschutes County’s interest in said airport and to prevent development in

adjacent lands to said airport which will interfere with the continued operation existent and development of

said airport.

STATE OF OREGON, Deschutes County: ss

Dated this ___day of _____, 20__ Grantor(s)

[Name]

______________________________

By:____________________________

Its:_____________________________

On this _____ day of __________________, 2____, the undersignedbefore me, a Nnotary Public in and

for said County and State, personally appeared the within named__________________, and

__________________ who are known to me to be the identical individuals described in and

_____________ of____________who executed the within instrument and acknowledged to me that they

executed the same freely and voluntarily.above document on behalf of said Department.

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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last

above written.

_______________________________

Notary Public for:_________________

My Commission Expires:___________

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PAGE 1 OF 1 – EXHIBIT M TO ORDINANCE NO. 2020-007

Chapter 18.84. LANDSCAPE MANAGEMENT COMBINING - LM ZONE … 18.84.080. Design review standards. C. No large areas, including roofs, shall be finished with white, bright or reflective materials. Roofing,

including metal roofing, shall be non-reflective and of a color which blends with the surrounding vegetation and landscape. DCC 18.84.080(C) shall not apply to attached additions to structures lawfully in existence on April 8, 1992, unless substantial improvement to the roof of the existing structure occurs.

(Ord. 2020-007 §13, 2020; Ord. 2018-006 §11, 2018; Ord. 2015-016 §5, 2015; Ord. 2001-016 §2, 2001; Ord. 97-068 §1, 1997; Ord. 95-075 §3, 1995; Ord. 93-043 §12A and 12B, 1993; Ord. 92-034 §2, 1992; Ord. 91-020 §1, 1991; Ord. 90-020 §1 1990; PL-15 1979)

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PAGE 1 OF 1 – EXHIBIT N TO ORDINANCE NO. 2020-007

Chapter 18.90. SENSITIVE BIRD AND MAMMAL HABITAT COMBINING ZONE - SBMH … 18.90.050. Site Plan Review Requirement. D. Based upon the record, and evaluation of the proposal based on the criteria in DCC 18.90.060, and

conformance with the ESEE analysis for the site contained in the Resource Element of the Comprehensive Plan, the County shall approve or reject the site plan. In lieu of rejection of the site plan, the County may allow the applicant to revise the site plan if the applicant has not met the standards for approval. Applicant shall waive the 150 120-day time limit if it chooses to revise the site plan.

(Ord. 2020-007 §14, 2020; Ord. 2015-011 §2, 2015; Ord. 95-075 §1, 1995; Ord. 94-005 §1, 1994; Ord. 93-043 §14B, 1993; Ord. 92-042 §2, 1992)

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PAGE 1 OF 1 – EXHIBIT O TO ORDINANCE NO. 2020-007

Chapter 18.108. URBAN UNINCORPORATED COMMUNITY ZONE - SUNRIVER … 18.108.180. Forest - F District. … B. Conditional uses permitted. The following uses and their accessory uses may be allowed in the Forest

District, subject to applicable provisions of DCC 18.36, Forest Use-F1 Zone, and to applicable provisions of the comprehensive plan: … 6. Disposal site for solid waste, not including a land disposal site, for which the Oregon Department of

Environmental Quality has granted a permit or a similar approval, together with equipment, facilities or buildings necessary for operation. Uses permitted under this category are limited to commercial Commercial composting for which the Oregon Department of Environmental Quality has granted a permit or a similar approval, together with equipment, facilities or buildings necessary for operation, subject to DCC 18.128.015 and 18.128.120.

(Ord. 2020-007 §15, 2020; Ord. 2001-040 §1, 2001; Ord. 98-016 §2, 1998; Ord. 97-078 §2, 1997)

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PAGE 1 OF 1 – EXHIBIT P TO ORDINANCE NO. 2020-007

Chapter 18.116. SUPPLEMENTARY PROVISIONS … 18.116.330 Marijuana Production, Processing, and Retailing … B. Marijuana production and marijuana processing. Marijuana production and marijuana

processing shall be subject to the following standards and criteria: … 20. Prohibited Uses.

a. In the EFU zone, the following uses are prohibited: i. A new dwelling used in conjunction with a marijuana crop; ii. A farm stand, as described in ORS 215.213(1)(r) or 215.283(1)(o), used in

conjunction with a marijuana crop; iii. A commercial activity, as described in ORS 215.213(2)(c) or 215.283(2)(a),

carried on in conjunction with a marijuana crop; and Agri-tourism and other commercial events and activities in conjunction with a marijuana crop.

(Ord. 2020-007 §16, 2020) Ord. 2019-012, 2019; Ord. 2018-012 §3, 2018; Ord. 2016-015 §10, 2016)

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PAGE 1 OF 1 – EXHIBIT Q TO ORDINANCE NO. 2020-007

Chapter 18.128. CONDITIONAL USE 18.128.120. Landfill, Solid Waste Disposal Site. … 18.128.015. General Standards Governing Conditional Uses.

Except for those conditional uses permitting individual single-family dwellings, conditional uses shall comply with the following standards in addition to the standards of the zone in which the conditional use is located and any other applicable standards of the chapter: … C. These standards and any other standards of DCC 18.128 may be met by the imposition of

conditions calculated to ensure insure that the standard will be met. (Ord. 2020-007 §17, 2020; Ord. 92-047 §1, 1992; Ord. 91-038 §3, 1991) … 18.128.120. Landfill, Solid Waste Disposal Site.

The Planning Director or Hearings Body may authorize a landfill or other solid waste disposal site as a conditional use, subject to the following standards: A. The proposed site shall not create a fire hazard, litter, insect or rodent nuisance, or air or water

pollution in the area. B. The proposed site shall be located in or as near as possible to the area being served. C. The proposed site shall be located at least one-quarter mile from any existing dwelling, home or

public road (except the access road). D. The proposed site shall be provided with a maintained all-weather access road. E. Applications for a conditional use permit to establish a commercial composting facility under this

category shall also meet the following criteria: 1. The proposed facility shall be effectively screened from adjacent residential uses and scenic

roadways. The proposed facility may use existing topography and trees and/or introduced landscaped material.

2. The proposed facility shall employ practices of material handling and processing that prevent noise and odors from impacting residences at least one-quarter mile from the site.

3. The proposed facility shall employ practices of material handling and processing that control debris and dust and ensure material is contained on site.

(Ord. 2020-007 §17, 2020; Ord. 2001-040 §2, 2001; Ord. 95-075 §1, 1995; Ord. 91-020 §1, 1991) … 18.128.320. Campgrounds.

A conditional use permit for a campground may be issued only when the following criteria are met: …

D. A campground shall conform to state standards specified in OAR Chapter 918, Division 650 and the following: … 3. Campgrounds shall provide potable water, toilet and shower facilities, lighting, picnic tables

and garbage collection sites for the convenient use of campers as specified in OAR ORS 918.650. Water and electric lines shall be placed underground.

… (Ord. 2020-007 §17, 2020; Ord. 2004-013 §14, 2004; Ord. 95-075 §1, 1995; Ord. 91-038 §3, 1991)

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PAGE 1 OF 1 – EXHIBIT R TO ORDINANCE NO. 2020-007

Chapter 19.22. WESTSIDE TRANSECT ZONE – WTZ … 19.22. 060. Land Divisions. All residential subdivisions shall be master planned under DCC 17.16.050 and shall comply with the following. G. If phasing is proposed, a phasing plan for the tentative subdivision plats shall be provided.

Each tentative subdivision application shall include a plat map meeting the subdivision requirements of DCC Title 17, the Subdivision / Partition Ordinance, except as may be specifically modified herein.

(Ord. 2020-007 §18, 2020 Ord. 2019-001 §8, 2019)

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PAGE 1 OF 1 – EXHIBIT S TO ORDINANCE NO. 2020-007

Chapter 22.04. INTRODUCTION AND DEFINITIONS … 22.04.020. Definitions.

"Land use permit" includes any approval of a proposed development of land under the standards in the County zoning ordinances or subdivision or partition ordinances involving the exercise of significant discretion in applying those standards. By way of illustration, "land use permit" includes review of conditional use permits, landscape management plans, farm or nonfarm dwellings, forest management plans, partition, master plan, river setback exception, riverfront design review, site plan, site plan change of use, modification of approval, solar access, solar shade exception, subdivision, and subdivision variance, and variance. (Ord. 2020-007 §19, 2020; Ord. 2017-015§3, 2017; Ord. 96-071 § 1A, 1996; Ord. 95-045 § 1, 1995; Ord. 90-007 § 1, 1990)

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PAGE 1 OF 1 – EXHIBIT T TO ORDINANCE NO. 2020-007

Chapter 22.20. REVIEW OF LAND USE ACTION APPLICATIONS … Chapter 22.20.015 Code Enforcement and Land Use

A. Except as described in (D) below, if any property is in violation of applicable land use regulations,

and/or the conditions of approval of any previous land use decisions or building permits previously issued by the County, the County shall not:

1. Approve any application for land use development; 2. Make any other land use decision, including land divisions and/or property line adjustments; 3. Issue a building permit. B. As part of the application process, the applicant shall certify: 1. That to the best of the applicant’s knowledge, the property in question, including any prior

development phases of the property, is currently in compliance with both the Deschutes County Code and any prior land use approvals for the development of the property; or

2. That the application is for the purpose of bringing the property into compliance with the Deschutes County land use regulations and/or prior land use approvals. C. A violation means the property has been determined to not be in compliance either through a prior decision by the County or other tribunal, or through the review process of the current application, or through an acknowledgement by the alleged violator in a signed voluntary compliance agreement (“VCA”). D. A permit or other approval, including building permit applications, may be authorized if: 1. It results in the property coming into full compliance with all applicable provisions of the federal,

state, or local laws, and Deschutes County Code, including sequencing of permits or other approvals as part of a voluntary compliance agreement;

2. It is necessary to protect the public health or safety; 3. It is for work related to and within a valid easement over, on, or under the affected property; or 4. It is for emergency repairs to make a structure habitable or a road or bridge to bear traffic. E. Public Health and Safety. 1. For the purposes of this section, public health and safety means the actions authorized by the permit

would cause abatement of conditions found to exist on the property that endanger life, health, personal property, or safety of the residents of the property or the public.

2. Examples of that situation include, but are not limited to issuance of permits to replace faulty electrical wiring, repair or install furnace equipment; roof repairs; replace or repair compromised utility infrastructure for water, sewer, fuel or power; and actions necessary to stop earth slope failure.

(Ord. 2020-007, §20, 2020; Ord. 2015-019, §1, 2015)

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PAGE 1 OF 1 – EXHIBIT U TO ORDINANCE NO. 2020-007

Chapter 22.34. PROCEEDINGS ON REMAND … 22.34.040. Scope of Proceeding.

A. On remand, the Hearings Body shall review those issues that LUBA or the Court of Appeals required to be addressed. In addition, the Hearings BodyBoard shall have the discretion to reopen the record in instances in which it deems it to be appropriate.

B. At the Board's Hearings Body’s discretion, a remanded application for a land use permit may be modified to address issues involved in the remand or withdrawal to the extent that such modifications would not substantially alter the proposal and would not have a significantly greater impact on surrounding neighbors. Any greater modification would require a new application.

C. If additional testimony is required to comply with the remand, parties may raise new, unresolved issues that relate to new evidence directed toward the issue on remand. Other issues that were resolved by the LUBA appeal or that were not appealed shall be deemed to be waived and may not be reopened.

(Ord. 2020-007 §21, 2020; Ord. 95-045 §§39 and 42, 1995)

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PAGE 1 OF 1 – EXHIBIT V TO ORDINANCE NO. 2020-007

Chapter 22.36. LIMITATIONS ON APPROVALS … 22.36.010. Expiration of Approval. … B. Duration of Approvals.

1. Except as otherwise provided under DCC 22.36.010 or under applicable zoning ordinance provisions, a land use permit is void two years after the date the discretionary decision becomes final if the use approved in the permit is not initiated within that time period.

2. Except as otherwise provided under applicable ordinance provisions, preliminary approval of plats or master plans shall be void after two years from the date of preliminary approval, unless the final plat has been submitted to the Planning Division for final approval within that time period, an extension is sought under DCC 22.36.010 or the preliminary plat or master plan approval has been initiated as defined herein.

3. In cases of a land use approval authorized under applicable approval criteria to be completed in phases, each phase must be initiated within the time specified in the approval, or initiated within two years of completion of the prior phase if no timetable is specified.

4. The approval period for the following dwellings in the Exclusive Farm Use and Forest Use Zones is for 4 years: a. Nonfarm dwelling b. Lot of record dwelling c. Large tract dwelling d. Template dwelling. e. Alteration, restoration or replacement of a lawfully established dwelling in Forest Use Zones f. Caretaker residences for public parks and public fish hatcheries

… (Ord. 2020-007 §22, 2020; Ord. 2017-015§5, 2017; Ord. 2015-017 §s5, 2015; Ord. 2011-016, 2011; Ord. 2004-001 §4, 2004; Ord. 95-045 §43A, 1995; Ord. 95-018 §1, 1995; Ord. 90-007 §1, 1990)

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DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 1 CHAPTER 2 RESOURCE MANAGEMENT REFERENCES PAGE 1 OF 1 – EXHIBIT W TO ORDINANCE NO. 2020-007

Section 2.6 Wildlife Policies

Goals and Policies

…

Goal 3 Support retaining populations of Federal and State protected endangered species.

…

Policy 2.6.12 Address potential conflicts between large-scale development and sage grouse habitat using Ordinances Nos. 2015-010 2010-010 and 2015-0112010-011, which are consistent with OAR 660-023-0115.

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PAGE 1 OF 5 – FINDINGS – File No. 247-20-000341-PA and 247-20-000342-TA Exhibit X

FINDINGS

HOUSEKEEPING TEXT AMENDMENTS

I. BACKGROUND

The Planning Division regularly amends Deschutes County Code (DCC) and the

Comprehensive Plan to correct minor errors identified by staff, other County departments,

and the public. This process, commonly referred to as housekeeping, also incorporates

updates from rulemaking at the state level through amendments to Oregon Revised Statutes

(ORS) and Oregon Administrative Rules (OAR).

The last round of housekeeping amendments was completed in August 2018.1

II. PROPOSED AMENDMENTS

The proposed amendments are described in Ordinance 2020-007, Exhibits C through W.

Added language is underlined and deleted shown as strikethrough. They are necessary to

clarify existing standards and procedures, incorporate changes to state law, and correct

scrivener’s errors. Table 1 summarizes the amendments.

Table 1 - Summary of Amendments

Exhibit Amendment

C

Title 9 Public Peace and Welfare

Chapter 9.12 Right to Farm

DCC 9.12.100(B) Correct scrivener's error in code reference: DCC 9.12.100 not 9.12.110.

D

Title 15 Buildings and Construction

Chapter 15.04 Building and Construction Codes and Regulations

DCC 15.04.080 Update year edition of International Fire Code.

E


Chapter 17.22 Approval of Tentative Plans for Partitions

DCC 17.22.010(A) Change requirement for partition tentative plat plans from 10 copies to 1

full size copy.

DCC 17.22.020(A)(8) Correct scrivener’s error in code reference.

F


Chapter 17.24 Final Plat

DCC 17.24.040 / .150 /

.160 / .170 Update text to reflect modern practices.

1 Ordinance No. 2018-006.

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PAGE 2 OF 5 – FINDINGS – 247-20-000341-PA and 247-20-000342-TA Exhibit X

Exhibit Amendment

G


Chapter 18.04 Title, Purpose and Definitions

DCC 18.04.030 Align definitions of “land disposal site” and “disposal site” with ORS. Delete

“resource recovery” and “solid waste” to reduce confusion.

H


Chapter 18.12 Establishment of Zones

DCC 18.12.040(C) Remove incorrect statement that Title 18 does not apply to the Flood

Plain Zone.

I


Chapter 18.16 Exclusive Farm Use Zone

DCC 18.16.031(A)

Clarification that a “disposal site which includes a land disposal site” is an

allowable conditional use on non-high value farmland, consistent with

statute.

DCC 18.16.040(N)

Correct scrivener's error related to conditional use limitations for

composting operations and facilities in EFU Zone. Current DCC

18.16.031(D), should be (C).

J



DCC 18.36.030(F) Clarification that a “disposal site which includes a land disposal site” is an


K



DCC 18.40.030(G) Clarification that a “disposal site which includes a land disposal site” is an


L


Chapter 18.80 Airport Safety Combining Zone

DCC 18.80.044(F) Add transitional surface to location list for consistency with table.

DCC 18.80 Addendum Updates to Declaration of Anticipated Noise agreement.

M


Chapter 18.84 Landscape Management Combining Zone

DCC 18.84.080(C) Correct scrivener's error to note the subsection (not the whole LM code)

does not apply for consistency with adopted ordinance.

N


Chapter 18.90 Sensitive Bird and Mammal Habitat Combining Zone

DCC 18.90.050(D) Correct 120 day time limit to 150 days for SBMH site plan review timeline.

(150 days applies to counties; 120 days applies to cities.)

O


Chapter 18.108 Urban Unincorporated Community Zone - Sunriver

DCC 18.108.180(B)(6)

Clarify commercial composting, as approved by DEQ, is an allowable

conditional use in the Sunriver Forest District. (Related to update of

“disposal site” and “land disposal site” in DCC 18.04.)

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Exhibit Amendment

P


Chapter 18.116 Supplementary Provisions

DCC 18.116.330(B)(20) Correct scrivener’s error: add missing word (“with”).

Q


Chapter 18.128 Conditional Use

DCC 18.128.015(C) Correct scrivener's error: "insure" to "ensure".

DCC 18.128.120 Deletion of “landfill, solid waste” to simplify terminology to just “disposal

site”.

DCC 18.128.320(D)(3) Correct scrivener's error ORS reference to OAR.

R

Title 19 Bend Urban Area Zoning Ordinance

Chapter 19.22 Westside Transect

DCC 19.22.060(G) Add additional directive text for phasing requirement.

S


Chapter 22.04 Introductions and Definitions

DCC 22.04.020 Correct scrivener's error in Land Use Permit definition.

T


Chapter 22.20 Review of Land use Action Applications

DCC 22.20.015 Correct scrivener’s error (unnecessary word).

U


Chapter 22.34 Proceedings on Remand

DCC 22.34.040(A) and

(B) Proceedings on remand - change "Board" to Hearings Body.

V


Chapter 22.36 Limitations on Approvals

DCC 22.36.010

Align DCC with statute by clarifying the approval period for permits

granting approval of: 1) replacement of lawfully established dwelling in

Forest Use zones; and, 2) caretaker residences for public parks / public

fish hatcheries.

W

Title 23 Comprehensive Plan

Section 2.6 Wildlife

Policy 2.6.12 Change scrivener's error for Sage Grouse ordinances from 2010-010/11 to

2015-010/11.

III. BASIC FINDINGS

The Planning Division determined minor changes were necessary to clarify existing standards and

procedural requirements, incorporate changes to state law, and correct errors found in various

sections of DCC. Staff initiated the proposed changes and notified the Oregon Department of Land

Conservation and Development. As demonstrated in Table 1, the amendments remain consistent

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with Deschutes County Code, Deschutes County Comprehensive Plan, and the Statewide Planning

Goals.

IV. CONCLUSIONARY FINDINGS

A. CHAPTER 22.12, LEGISLATIVE PROCEDURES

Section 22.12.010.

Hearing Required

FINDING: The Planning Commission held a public hearing on June 25, 2020. The Board of County

Commissioners (Board) will hold a hearing following a Planning Commission recommendation.

This criterion is met.

Section 22.12.020, Notice

Notice

A. Published Notice

1. Notice of a legislative change shall be published in a newspaper of general

circulation in the county at least 10 days prior to each public hearing.

2. The notice shall state the time and place of the hearing and contain a

statement describing the general subject matter of the ordinance under

consideration.

FINDING: This criterion is met as notice was published in The Bulletin newspaper on June 10, 2020

for the Planning Commission public hearing and July 1, 2020 for the Board public hearing.

B. Posted Notice. Notice shall be posted at the discretion of the Planning Director

and where necessary to comply with ORS 203.045.

FINDING: This criterion is met as notice was posted on the bulletin board in the lobby of the

Deschutes County Community Development Department, 117 NW Lafayette, Bend, as well as on

the Planning Division website.

C. Individual notice. Individual notice to property owners, as defined in DCC

22.08.010(A), shall be provided at the discretion of the Planning Director, except

as required by ORS 215.503.

FINDING: The proposed amendments are legislative and do not apply to any specific property.

Therefore, individual notice is not required.

D. Media notice. Copies of the notice of hearing shall be transmitted to other

newspapers published in Deschutes County.

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FINDING: Notice was provided to the County public information official for wider media

distribution. This criterion has been met.

Section 22.12.030 Initiation of Legislative Changes.

A legislative change may be initiated by application of individuals upon payment of

required fees as well as by the Board of County Commissioners.

FINDING: The application was initiated by the Deschutes County Planning Division at the direction

of the Board, and has received a fee waiver. This criterion has been met.

Section 22.12.040. Hearings Body

A. The following shall serve as hearings or review body for legislative changes in

this order:

1. The Planning Commission.

2. The Board of County Commissioners.

B. Any legislative change initiated by the Board of County Commissioners shall be

reviewed by the Planning Commission prior to action being taken by the Board

of Commissioners.

FINDING: This criterion is met as the Planning Commission held a public hearing on June 25, 2020.

The Planning Commission recommended approval of the proposed amendments unanimously. The

Board will hold their own public hearing on July 15, 2020.

Section 22.12.050 Final Decision

All legislative changes shall be adopted by ordinance

FINDING: The proposed legislative changes included in file no. 247-20-000341-PA and 247-20-

000342-TA will be implemented by an ordinance upon approval and adoption by the Board. This

criterion will be met.

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DATE: July 14, 2020

FROM: John Laherty, Legal,


Public Hearing on Annexations into West La Pine Livestock

BACKGROUND AND POLICY IMPLICATIONS: On or about May 20, 2019 and June 14, 2019, Deschutes County received two (2) petitions to annex land into the West La Pine Livestock District. Each petition is for a different area of land. The Clerk has certified the petitions, and staff has corresponded with the chief petitioner (Ron Thompson) extensively over the last nine (9) months regarding how to move forward. Initially, Mr. Thompson indicated that he intended to gather the requisite number of signatures in support of the petitions so as to avoid the need for an election on the petitions. However he has recently determined that collecting the necessary signatures is not feasible. So, an election will be required. For each petition, the electors will be those individuals registered to vote within the area to be annexed. The 2017 version of ORS Chapter 607 governs these petitions because they were filed with the County before the January 1, 2020 effective date of the 2019 Act that revised applicable state law. Under that Chapter, the Board is required to hold public hearings on the annexation petitions and, if the Board approves the petitions, to call an election. The next available time for that election will be November 2020. Board Order No. 2020-018 and 2020-019 were approved on June 10, 2020 setting the public hearing for July 15, 2020.

ATTENDANCE: John Laherty, Legal; Nancy Blankenship, Clerk

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