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HomeMy WebLinkAboutApril Open House - FAQs and Additional Information Frequently Asked Questions Phase 2 Outreach Activities – Updated 4.17.23 POPULATION GROWTH, HOUSING, AND DEVELOPMENT What is the county’s role in managing growth? Deschutes County is regulated in large part by the State’s planning goals, statutes, and administrative rules which are implemented through local development codes. Additionally, Deschutes County serves as the regional coordinating body in partnership with cities and special districts through intergovernmental agreements. Urban level development is largely limited to land within cities’ Urban Growth Boundaries (UGBs) to reduce impacts to farm and forest lands. What are the regulations related to residential development outside of urban areas in Deschutes County? In the late 1970s, when the Oregon land use system was established, zoning in Deschutes County was amended to place greater emphasis on protecting farm and forest lands (often called resource lands). Today, over 90% of Deschutes County is resourced zoned, including public lands. Commercial and hobby farming is quite prevalent in the County’s Exclusive Farm Use zones, while private forestry operations in Forest Use zones remain less common. Development that is unrelated to farming or forestry operations are significantly restricted by state law. Frequently Asked Questions – April 2023 Page 2 Exception areas (zoned Rural Residential, Multiple Use Agricultural, Suburban Low Density Residential, Urban Area Reserve, and Westside Transect) are properties determined not to contain significant farm or forest resources. More rural uses are allowed in these areas, including residential subdivisions. Many were platted prior to the 1970s. These zones have a minimum parcel size between 2.5 to 10 acres for new land divisions, which are intended to keep development rural and less dense in comparison to cities and unincorporated communities. Unincorporated communities are denser communities that were established prior to the Oregon land use system, and typically allow a mix of residential, commercial, and industrial developments within a defined geographic footprint. Compared to cities, these communities with some exceptions do not provide urban services for sewer, water, and roads. Black Butte Ranch, Sunriver, Terrebonne, and Tumalo are all examples of unincorporated communities. What type of housing is allowed outside of urban areas in Deschutes County? As noted above, residential development in Deschutes County is less dense than the Cities of Bend, La Pine, Redmond and Sisters due to state land use rules and limited infrastructure. Single family homes are most common throughout the county in all zones. RVs are allowed to be placed on property for temporary living situations or as medical hardship dwellings for family members but are not intended to be permanent living situations . Accessory Dwelling Units or ADUs, also known as “granny flats” or “carriage houses” are smaller secondary residences on a property. ADUs have historically not been allowed in rural areas, but recently the legislature passed Senate Bill 391 which allows for rural ADUs with certain parameters. The County is in the process of reviewing regulations to allow ADUs if the Oregon Legislature adopts legislation in 2023. More information can be found here; https://www.deschutes.org/cd/page/247- 22-000671-ta-rural-accessory-dwelling-unit-adu-text-amendments Frequently Asked Questions – April 2023 Page 3 What are the laws regarding destination resorts in Deschutes County? Destination resorts are a special type of use allowed by state law that are "self-contained development with visitor-oriented accommodations and developed recreation facilities in a setting with high natural amenities”. In Deschutes County, these resorts include: Caldera Springs Eagle Frequently Asked Questions – April 2023 Page 4 Crest, Pronghorn (now Juniper Reserve), and Tetherow. Another destination resort, called Thornburgh Resort has recently received acknowledged land use approvals from Oregon courts, but has not yet built the requisite amenities, and housing elements due to in part ongoing litigation. It is important to note that Black Butte Ranch, Inn at 7th Mountain, Widgi Creek, and Sunriver are older developments that were not reviewed or approved as Goal 8 Destination Resorts. What programs does the County have related to homelessness, mental health, domestic abuse, and other issues? One of Deschutes County’s primary services is providing basic wellness and health care to Deschutes County residents. The department offers services at more than 40 locations in Deschutes County including public schools; health clinics in Bend, La Pine, Redmond and Sisters; five school-based health clinics; agencies such as the KIDS Center and the State of Oregon Department of Human Services; area hospitals; care facilities and homes. Below are a few links on the services the health department provides. The health department has its own strategic plan, which outlines strategies for health-related services throughout the County. https://www.deschutes.org/health/page/community-resources-english https://www.deschutes.org/health/page/housing-and-living-conditions Additionally, in 2022, Deschutes County established the Coordinated Houseless Response Office (CHRO) in partnership with the cities of Sisters, La Pine, Redmond, and Bend. This office is a pilot program operating with funding from the Oregon State Legislature. AGRICULTURE, FORESTRY, AND OPEN SPACE How does the County protect agriculture, forestry, and other resource- based activities? Over 75% of the County is under public ownership, primarily by federal agencies. Much of it is forest zoned and under resource management plans created by the U.S. Forest Service (USFS) and Bureau of Land Management (BLM). Federal lands are not subject to county oversight, and instead rely on partnerships and intergovernmental agreements t. Private forestry operations have become limited in number in the last 20 years. Most forestry activity in the county occurs on public lands. Deschutes County has land use authority for non-federal land outside its cities (Redmond, Bend, Sisters, and La Pine) which is approximately 21% of the total county area. The planning division regulates development through the county’s Development Code. Following adoption of the Oregon land use system in the late 1970s, the county was required to designate resource lands based on a certain set of characteristics. Utilizing soil type, parcel size, and other factors, lands classified as Frequently Asked Questions – April 2023 Page 5 productive for farm or forestry were given a zoning classification consistent with state law that limits parcel sizes and incompatible uses. The County is widely varied in topography, climate, and soil type. These variations impact the minimum parcel size needed for a viable farm operation. In 1992, the County updated the minimum parcel size requirements for Exclusive Farm Use zoned property following an extensive study. These minimum parcel sizes prevent parcelization, which is a major factor in maintaining the productivity of commercial farms and ranches. Many areas in Deschutes County are zoned for farm use but have a smaller parcel size than those listed below, these are remnants of land divisions that occurred prior to the 1970s. Exclusive Farm Use Subzone Minimum Irrigated Parcel Size (acres) Lower Bridge 130 Sisters/Cloverdale 63 Terrebonne 35 Tumalo/Redmond/Bend 23 Alfalfa 36 La Pine 37 Horse Ridge 320 Exclusive Farm Use Subzone Minimum Non-Irrigated Parcel Size (acres) All 80 In the last 5 years, Deschutes County has seen a trend in rezoning Exclusive Farm Use zoned property. Several applicants successfully demonstrated, with the assistance of a detailed soils report, that their property does not contain agricultural soils, rending it unsuitable for farm uses. These properties are rezoned, predominantly to a to a residential zone, which has a smaller 10-acre minimum parcel size compared the standards in the table above. Frequently Asked Questions – April 2023 Page 6 How does the County protect open space? Deschutes County maintains an inventory of significant scenic road and waterway corridors and applies additional protections, implemented through a Landscape Management overlay zone, to ensure development is appropriately screened. Highway 20 and the Deschutes River are examples of scenic corridors in this overlay zone. Protection of viewsheds outside of scenic corridors is not currently regulated by the County. Additionally, the county has an Open Space & Conservation zone, which is primarily applied to federal, state and local recreation lands. What is the County’s role in planning for parks in Central Oregon? Deschutes County does not operate a parks department in part due to other budget priorities and the abundance of federal lands. It does coordinate with other jurisdictions, Oregon Parks and Recreation District, and local park districts by participating and in some instances entitling regional park planning efforts. A parks department could potentially be established through a community wide ballot measure. Frequently Asked Questions – April 2023 Page 7 NATURAL RESOURCES What protections for wildlife are in place in Deschutes County? Deschutes County protects a wide variety of wildlife resources. The species currently protected include: Frequently Asked Questions – April 2023 Page 8 These wildlife resources are protected in a variety of ways – through restrictions to vegetation removal in riparian areas, fencing requirements, and heightened minimum parcel sizes to reduce habitat fragmentation by new development. The regulations vary based on species and are outlined in the County’s natural resource inventories. How is water use regulated in Deschutes County? Water is regulated by the Oregon Water Resources Department in two different ways. The first, is through a water right. Surface water right: water is diverted from a waterbody, such as the Deschutes River. These are typically the most senior. In the Deschutes Basin, no new surface water rights are issued as the water is fully allocated. Groundwater right: water is accessed from the aquifer, underground through quasi-municipal or commercial wells. Currently Deschutes County and the rest of the Upper Deschutes Basin, falls under a groundwater mitigation program. The rules protect scenic waterway flows and senior water rights, while allowing groundwater development to occur subject to mitigating its consumptive use. The provisions of the program sunset in 2029 unless re-extended by the Oregon Water Resources Department. Water rights are used primarily for irrigation, but some are used to serve municipal purposes. A small amount is leased instream to maintain water flows in the Deschutes River and certain tributaries. Source: 2019 Upper Deschutes Basin Study Frequently Asked Questions – April 2023 Page 9 Frequently Asked Questions – April 2023 Page 10 The second way water is regulated is through residential and commercial exempt wells. Domestic wells are the most common in rural areas. If a property owner uses a domestic well for any of the purposes below, it is exempt from having to obtain a water right: • Stock watering • Lawn or noncommercial garden (½ acre or less) • Domestic use of 15,000 gallons per day or less • Industrial or commercial use of 5,000 gallons per day or less • Watering school grounds 10 acres or less in a critical groundwater area • Emergency firefighting The Oregon Water Resources Department regulates well permits and monitors well levels, although enforcement of overuse is difficult unless a complaint is filed for a specific property. What natural hazards is Deschutes County most susceptible to? Deschutes County’s Multi-Jurisdictional Natural Hazards Mitigation Plan (NHMP) was prepared in collaboration with the Central Oregon Intergovernmental Council and other Central Oregon jurisdictions, and includes a risk assessment of natural hazards in Deschutes County. Winter storm, wildfire, windstorm, drought, volcanic activity, and earthquakes are the hazards with the highest probability. What will a changing climate look like for Deschutes County? Of the greatest threats to Deschutes County, winter storms, wildfires, windstorms, and drought may become more severe in coming decades due to the impacts of climate change. Climate change may also affect agricultural growing seasons, forestry practices, and public health. Changes in precipitation Frequently Asked Questions – April 2023 Page 11 and drought conditions, along with invasive species and disturbances from wildfires are already impacting Deschutes County. The following data points are based on an assumed warming of between 2˚ C and 4˚ C worldwide and were produced by the Climate Toolbox.1 • Average summer precipitation is expected to decrease, while average winter precipitation is expected to increase. These differences are most pronounced at high elevations (such as Mt. Bachelor). • Similarly, April 1 snowpack is expected to decrease by roughly 11-18%. TEMPERATURE INCREASES AND FIRE DANGER The mean annual temperature in Bend is expected to rise from 46.8°F to 52.2°F by the end of the century, and a similar increase will be seen throughout the rest of the County. Meanwhile, the number of days with a heat index >90° will go from just ~4 days to ~26 days per year. By 2100, Deschutes County can expect summer maximum temperatures to be 12°F hotter than current highs. Due to changes in precipitation and heat, the number of Very High and Extreme Fire Danger days per year will rise from 36.5 to 49 and from 11 to 19, respectively. AGRICULTURAL IMPACTS AND GROWING SEASON The average year-round temperatures across Deschutes County are expected to rise about 5°F. This will drastically increase the length of the growing season. For example, the region around Bend currently has a growing season, defined by frost-free days, of just under 100 days a year, but that will increase by more than a month to 133-143 days a year. The Eastern part of the county will likely see an even more marked increase from a brief 35 days to between 85 and 100 days. Similarly, the cold hardiness zones around the state will change slightly, from 7a to 7b in Bend and from 6b to 7b in the eastern plateau. This may represent new agricultural opportunities for the County, provided sufficient water is available and soil types are appropriate. WATER USAGE Water usage in the county is strictly regulated, and allowances are dependent upon precipitation in the Cascades. Overall, more precipitation is expected to fall as rain, leading to a decreasing snowpack and reduced summer surface water. Deschutes County is fortunate in that the underlying volcanic lava substrate is relatively young and highly porous, making it able to absorb and slowly 1 Hegewisch, K.C., Abatzoglou, J.T., Chegwidden,O., and Nijssen, B., ' Climate Mapper' web tool. Climate Toolbox (https://climatetoolbox.org/) Frequently Asked Questions – April 2023 Page 12 discharge water over the course of the year. This slow discharge results in a relatively stable, spring- fed water supply. This contrasts with other aquifers in the Cascades that are dependent on surface flows, creating a larger reliance on snowmelt for summer access. Therefore, the summer water supply in the Deschutes basin is unlikely to change drastically, although some late summer season decline is likely as snowpack decreases. Water demand is likely to increase due to increased temperatures. Warmer days and warmer nights will increase evaporation and transpiration, requiring an increase in irrigation and recreational consumption. Because the total volume of water available for agricultural and human use is fixed, strategies to decrease water usage (capping irrigation channels, irrigation timing strategies, water conservation) will become more crucial. In addition, there may be some increase in the maximum number of consecutive dry days, up from a maximum of around 40 days in a row to 55 days by the end of the century.2 Furthermore, the agricultural output of the Midwest is expected to decline in the coming decades, producing greater demand for production on other regions.3 Why do communities develop a Climate Action Plan and what do they include? WHAT IS THE UTILITY OF A CLIMATE ACTION PLAN? Usually, a climate action plan has two main parts, a mitigation plan and an adaptation plan. The mitigation plan includes actions that will lead to decreased emissions and is usually informed by a greenhouse gas inventory that identifies emissions sources and concentrations, and points out where reductions are most impactful, or easiest or cheapest to implement. These include actions that 1) decrease emissions from buildings, such as through energy conservation and renewable energy sources, 2) decrease emissions from transportation through electric vehicles, renewable fuels, or through land use planning that decreases the need to drive, and 3) decrease emissions from other concentrated sources such as industry, agriculture, and waste. The adaptation plan looks ahead to future conditions and creates strategies to maintain a thriving community under climate changed conditions. This includes considerations that 1) preserve economic health (ex. planning for changing agricultural focus) 2) ensuring that people can stay cool and safe under extreme heat and other weather, and 3) ensuring that the population can 2 Living Atlas, CMRA, From the US Climate Resilience Toolkit, Accessed April 7, 2023 3 Estimating economic damage from climate change in the United States, Hsaing et al, Science 2017 Frequently Asked Questions – April 2023 Page 13 accommodate new residents arriving, from areas that will be harder hit by climate change than Deschutes County. 4 5 The best climate action plans have concrete actions that can be implemented by the local planning authority with timebound goals and that are informed with community input. It is also critical to directly center vulnerable and underserved communities because all too often, the people who are most strongly affected by a changing climate are those with the least means to adapt. 4 Estimating economic damage from climate change in the United States, Hsaing et al, Science 2017 5 Ruhl, J.B. and Kundis Craig, Robin, "4°C," (2021). Minnesota Law Review. 3297.