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HomeMy WebLinkAboutPolicy Review Batch 3 Revised June 2023 Page 1 Policy Review – Group 3 Updated June 2023 TO: Deschutes 2040 Project Management Team FROM: Andrew Parish, Emma-Quin Smith, and Matt Hastie, MIG CC: DATE: June 15, 2023 INTRODUCTION This memorandum includes existing and recommended policy language related to the following Deschutes County Comprehensive Plan topics: 1. Housing 2. Jobs and Economy 3. Public Facilities and Services 4. Recreation and Tourism 5. Destination Resorts 6. Area Specific Policies POLICY REVIEW AND RECOMMENDATIONS The following tables list existing policy language in underline and strikeout, along with a column of notes and discussion describing changes and their rationale. Items that have changed since initial review by the Planning Commission are highlighted and policies that have been updated since the most recent PC meeting are noted in bold text. Changes are based on a review by County staff and the consultant team and public input to date. Additional changes may be identified through further community engagement and/or coordination with technical advisors. This is intended to be a starting point for discussion with members of the Planning Commission. Numbering has been revised for consistency and navigation but likely will be updated again as the planning process proceeds. DRAFT Policy Review – June 2023 Page 2 Table 1. Housing Policies Policy Language Notes and Discussion Goal 3.1. Maintain the rural character and Support housing opportunities and choices for rural County residents in unincorporated Deschutes County, while meeting health and safety concerns, minimizing environmental and resource land impacts. Revised to focus on addressing housing opportunities and also noting the need to minimize impacts and meet state requirements. Removed mention about “Complying with state requirements,” as that is a given, for brevity. 3.3.1 Except for parcels in the Westside Transect Zone, the minimum parcel size for new rural residential parcels shall be 10 acres. Assume this is addressed in the Development Code; recommend deleting to avoid stating code requirements in policy. 3.1.1 Incorporate annual farm and forest housing reports into a wider system for tracking the cumulative impacts of rural housing development. Retain with no changes, assuming this annual tracking still occurs and/or is desirable. 3.1.2 Continue to update the County zoning ordinance and work with partnering organizations to address health and safety issues associated with housing. address health and safety issues associated with housing raised by the public, such as a. The number of large animals that should be permitted on rural residential parcels; or b. The properties south of La Pine, in Township 22S, Range 10E, Section 36, many of which are not in compliance with planning and building codes." Eliminated issues already addressed in the zoning ordinance and/or overly specific. Broadened language to include more general issues identified during Comp Plan update process. Simplified policy language to direct an updated zoning ordinance that addresses health and safety issues, rather than listing numerous topics. DRAFT Policy Review – June 2023 Page 3 Policy Language Notes and Discussion 3.1.3 Encourage and/or require, where consistent with County policies and requirements, new subdivisions to incorporate alternative development patterns, such as cluster development, that mitigate community and environmental impacts. Incorporated “require” language with caveats re: when something would be required (vs. encouraged). 3.1.4 Maintain the rural character of the County while ensuring a diversity of housing opportunities, including initiating discussions to amend State Statute and/or Oregon Administrative Rules to permit accessory dwelling units in Exclusive Farm Use, Forest and Rural Residential zones. Implement legislation allowing accessory dwelling units in rural areas to expand housing choices. Updated to reflect current ADU state rules and code update process. 3.1.5 Create and encourage opportunities for flexibility in rural housing including development of manufactured home parks, safe parking sites, and RV parking areas. New policy based on community input. No changes since last PC. 3.1.6 Allow housing development and supporting services (such as locally serving medical offices or similar uses) in unincorporated communities. 3.1.6 (alternative) Reduce barriers to housing development and supporting services (such as locally serving medical offices or similar uses) in unincorporated communities. New policy based on community input. Added an alternative option for discussion based on PC conversation. 3.1.7 Explore grants and funding opportunities for ongoing maintenance and rehabilitation of existing housing stock. New policy based on community input. No changes since last PC. DRAFT Policy Review – June 2023 Page 4 Policy Language Notes and Discussion 3.1.8 Evaluate the impacts of short-term rentals and consider regulations to mitigate impacts, as appropriate. New policy based on community input. Updated language to call for evaluation and regulations if appropriate. Goal 3.2: Support agencies and non-profits that provide affordable housing. 3.2.1 Support Central Oregon Regional Housing Authority and other stakeholders to meet the housing needs of all Deschutes County residents by assisting as needed in coordinating and implementing housing assistance programs. a. Assist as needed in coordinating and implementing housing assistance programs. b. Support efforts to provide affordable and workforce housing in urban growth boundaries and unincorporated communities. Removed (b) due to new policy 3.4.2 below. Reworded to remove sub bullets. 3.2.2 Utilize block grants and other funding to assist in providing and maintaining low- and moderate-income housing in partnership with Housing Works and other housing agencies and providers in Deschutes County. Updated to reference Housing Works and other community partners. Goal 3.3 The transect concept provides a range of development patterns from most to least developed. The Westside Transect Zone implements the transect concept by providing a rural, low density range at the western edge of the Bend UGB adjacent to the urban transect typology inside the Bend UGB and extending Converted to a Goal to precede the following policies and made more general. Some of the existing descriptive language should be pulled into Comp Plan narrative. DRAFT Policy Review – June 2023 Page 5 Policy Language Notes and Discussion outward westerly to the public and forested lands. The Westside Transect Policies set forth below and the zoning ordinance provisions implementing those policies are specific to Regulate the location and density of housing in the area located between the Bend UGB and Shevlin Park through Westside Transect policies (3.3.1-3.3.x) and do not apply to other areas adjacent to the Bend UGB. 3.3.1 Protect the sensitive eco-systems and interrelationships of the urban/rural interface on the west side of Bend between the urban area and Shevlin Park and the public and forestlands to the west. No changes recommended. 3.3.2 Protect natural resources and environmentally sensitive areas and provide special setbacks between development and Shevlin Park, Tumalo Creek, and forestlands. No changes recommended. 3.3.3 Development patterns shall reflect the protection of land with environmental significance and fire-wise and other fire prevention community design best practices. Revised to add other fire prevention best practices. 3.3.4 Limit residential development to 200 single-family residential lots. No changes recommended. 3.3.5 Manage all areas outside of the structural building envelopes on residential lots for wildfire mitigation and wildlife habitat in No change recommended at this time. This language is very specific but seems like a good policy. DRAFT Policy Review – June 2023 Page 6 Policy Language Notes and Discussion accordance with coordinated plans prepared by professionals, reviewed annually with reports submitted to the County every three years. The wildfire mitigation and wildlife habitat plans shall be funded through homeowner assessments and administered and enforced by a homeowners association established at the time of creation of any residential lots. 3.3.6 Reduce the impact of construction by using best management practices to minimize site disturbance during construction and construction impacts (i.e., erosion) on Shevlin Park, Tumalo Creek, and forestlands. No changes recommended. 3.3.7 Coordinate with the City of Bend for mitigation of impacts to City infrastructure from development within the Transect. No changes recommended. Goal 3.4 Participate in regional efforts to plan for housing. New goal based on community feedback. No changes since last PC. 3.4.1 Collaborate with cities and private sector partners on innovative housing developments to meet the region’s housing needs. New policy based on community feedback. No changes since last PC. 3.4.2 Partner with cities to incentivize development within urban growth boundaries and reduce infrastructure costs for workforce and affordable housing. New policy based on community feedback. No changes since last PC. DRAFT Policy Review – June 2023 Page 7 Policy Language Notes and Discussion 3.4.3 Partner with local, state, and federal agencies to address and limit nuisance and public health issues related to homelessness. New policy based on community feedback. No changes since last PC. 3.4.4 Utilize County owned land in city limits for affordable and workforce housing, where appropriate. New policy based on community feedback. No changes since last PC. 3.4.5 Promote regional housing planning, including urban reserve planning for cities, to allow for longer term and multi- jurisdictional housing strategies. New policy based on community feedback. No changes since last PC. 3.4.6 Limit parcelization and development adjacent to cities or in conflict with planned and/or known road/utility corridors to preserve land for future urban development. New policy based on community feedback. Removed the word “cluster” development based on recent feedback from the PC. Table 2. Jobs and Economy Policies Policy Language Notes and Discussion Section 3.4 Rural Economy Policies Goal 1 Maintain a stable, and sustainable, and thriving rural economy, compatible with rural lifestyles and a healthy environment. Added “Thriving” language per PC discussion. DRAFT Policy Review – June 2023 Page 8 Policy Language Notes and Discussion 3.4.1 Promote rural economic initiatives, including home-based businesses, that maintain the integrity of the rural character and natural environment. A. Review land use regulations to identify legal and appropriate rural economic development opportunities. Struck language is an action item. Could be part of an action plan. 3.4.2 Work with stakeholders to promote new recreational and tourist initiatives that maintain the integrity of the natural environment Move to recreation section 3.4.3 Support a regional approach to economic development in concert with Economic Development for Central Oregon or and similar organizations. Minor change for broader applicability 3.4.4 Support growth and expansion of colleges and universities, regional educational facilities, and workforce training programs. Minor changed based on community input, oxford comma. Additional wording to capture COCC and OSU. 3.4.5 Support renewable energy generation as an important economic development initiative, while taking other community goals and concerns into consideration. Compare with Energy policies to ensure consistency. Added additional language to note community concern about visual/wildlife impacts. 3.4.6 Support and participate in master planning for airports in Deschutes County, including expansion of noise impact boundaries and upgrades to facilities as airports continue to grow. Updated based on local government/agency comments. DRAFT Policy Review – June 2023 Page 9 Policy Language Notes and Discussion 3.4.7 Within the parameters of State land use regulations, permit limited local-serving commercial uses in higher-density rural communities. Support limited and locally-serving commercial uses in appropriate locations. “Within the parameters….” is not necessary. Consider further defining “Appropriate locations”. No change since last PC. 3.4.8 Support expansion of high-speed internet in rural areas and integrate infrastructure such as fiber-optic cables into new development and road projects. New policy based on community input. No change since last PC. 3.4.9 Support funding and development of childcare locations across the County to support families in the workforce. New policy based on community input. No change since last PC. 3.4.10 Explore need for master planning for rural economic development lands, including Deschutes Junction. New policy – simplified, based on current area specific policy. No change since last PC. 3.4.11 Recognize the importance of maintaining a large-lot industrial land supply that is readily developable in Central Oregon, and support a multi-jurisdictional cooperative effort to designate these sites. Moved and combined from 4.2.13 and 4.2.12, same language. No change since last PC. Lands Designated and Zoned Rural Commercial Goal 2: Support creation and continuation of rural commercial areas that support rural communities while not adversely affecting nearby agricultural and forest uses. Change “sub header” into new goal language. 3.4.8 Update the policies for lands designated Rural Commercial as needed. Unnecessary 3.4.9 Rural Commercial designated lands located outside of urban growth boundaries shall allow uses less intense than those allowed in unincorporated communities as defined by Oregon Administrative Rule 660-22 or its successor. Rural Commercial Simplified language. Minor rewording. DRAFT Policy Review – June 2023 Page 10 Policy Language Notes and Discussion zoning shall be applied to any new properties that are approved for Rural Commercial designation as allowed by State Statute, Oregon Administrative Rules and this Comprehensive Plan. Allow for new Rural Commercial zoning designations if otherwise allowed by Oregon Revised Statute, Administrative Rule, and this Comprehensive Plan. 3.4.10 Rural Commercial zoning shall be applied to Deschutes Junction, Deschutes River Woods Store, Pine Forest, Rosland and Spring River Remove, assuming this has occurred. 3.4.11 In Spring River there shall be a Limited Use Combining Zone. Keep this language for now; flag for potential elimination at a future date once it is conformed that this is fully embedded in the Development Code or that “backstop” policy language is not needed. 3.4.12 County Comprehensive Plan policies and land use regulations shall ensure that new uses authorized on Rural Commercial designated lands do not adversely affect agricultural and forest uses in the surrounding areas. Ensure new uses permitted on Rural Commercial lands do not adversely affect nearby agricultural and forest uses. Simplified language. DRAFT Policy Review – June 2023 Page 11 Policy Language Notes and Discussion 3.4.13 Zoning in the area shall ensure that the uses allowed are rural as required by Goal 14, Urbanization, and less intensive than those allowed for unincorporated communities as defined in OAR 660-22. New commercial uses shall be limited to those that are intended to serve the surrounding rural area or the travel needs of people passing through the area. Ensure new commercial uses on Rural Commercial lands are limited to those intended to serve the surrounding rural area and/or the needs of the traveling public. Simplified language removing references to State planning goals and rules. 3.4.14 New commercial uses shall be limited in size to 2,500 square feet or if for an agricultural or forest-related use, 3,500 square feet. No change currently. 3.4.15 A lawful use existing on or before November 5, 2002 that is not otherwise allowed in a Rural Commercial zone, may continue to exist subject to the county’s nonconforming use regulations. No change currently. 3.4.16 An existing lawful use may expand up to 25 percent of the total floor area existing on November 5, 2002 No change currently. 3.4.17 The Rural Commercial zoning regulations shall allow a mixed use of residential or rural commercial uses. Same comment as for policy 3.4.14. 3.4.18 Residential and commercial uses shall be served by DEQ approved on-site sewage disposal systems. Same comment as for policy 3.4.14. 3.4.19 Residential and commercial uses shall be served by on-site wells or public water systems. Same comment as for policy 3.4.14. DRAFT Policy Review – June 2023 Page 12 Policy Language Notes and Discussion 3.4.20 Community sewer systems, motels, hotels and industrial uses shall not be allowed. No change 3.4.21 Recreational vehicle or trailer parks and other uses catering to travelers shall be permitted. No change Lands Designated and Zoned Rural Industrial Goal 3: Support the creation and continuation of rural industrial areas that support rural communities while not adversely affecting nearby agricultural and forest uses. Update subsection into new goals. 3.4.21 Update the policies for lands designated Rural Industrial as needed to limit and control industrial uses through the use of the Rural Industrial designation and development standards. Added additional general language which can help replace more detailed language in the future. 3.4.22 To assure that urban uses are not permitted on rural industrial lands, land use regulations in the Rural Industrial zones shall ensure that the uses allowed are less intensive than those allowed for unincorporated communities in OAR 660-22 or any successor. Keep this language for now; flag for potential elimination at a future date once it is conformed that this is fully embedded in the Development Code or that “backstop” policy language is not needed. Ultimately, suggest consolidation and simplification of these policies and referring to a map for Limited Use Combining Zones. 3.4.23 Limited Use Combining zones shall be applied to the Redmond Military (Tax lot 1513000000116), Deschutes Junction (Tax lot 161226C000301, Tax lot 161226C000300, Tax lot 161226C000111 and Tax lot 161226A000203) to ensure permitted uses are compatible with surrounding farm and forest lands. Same comment as for policy 3.4.22. DRAFT Policy Review – June 2023 Page 13 Policy Language Notes and Discussion 3.4.24 To ensure that the uses in Rural Industrial zone on tax lot 16- 12-26C-301, as described in Exhibit “C” and depicted on Exhibit “D” attached to Ordinance 2009-007 and incorporated by reference herein, are limited in nature and scope, the Rural Industrial zoning on that site shall be subject to a Limited Use Combining Zone which will limit the uses to storage, crushing, processing, sale and distribution of minerals. Same comment as for policy 3.4.22. 3.4.25 To ensure that the uses in Rural Industrial zone on tax lot 16- 12-26C-301, as described in Exhibit “C” and depicted on Exhibit “D” attached to Ordinance 2009-007 and incorporated by reference herein, are limited in nature and scope, the Rural Industrial zoning on that site shall be subject to a Limited Use Combining Zone which will limit the uses to storage, crushing, processing, sale and distribution of minerals. Same comment as for policy 3.4.22. 3.4.26 26 To ensure that the uses in the Rural Industrial Zone on Tax Lot 300 on Assessor’s Map 16-12-26C-300 and Tax Lot 203 on Assessor’s Map 16-12-26A-300 and portions of Tax Lot 111 on Assessor’s Map 16-12-26C-111 as described in Exhibit ‘D’ and depicted in Exhibit ‘E’ attached to Ordinance 2010-030 and incorporated by reference herein, are limited in nature and scope, the Rural Industrial zoning on the subject parcel shall be subject to a Limited Use Combining Zone, which will limit the uses to storage, No change currently because this is not yet reflected elsewhere in the code. DRAFT Policy Review – June 2023 Page 14 Policy Language Notes and Discussion crushing, processing, sale and distribution of minerals, subject to conditional use and site plan approval. 3.4.27 Land use regulations shall ensure that new uses authorized within the Rural Industrial sites do not adversely affect agricultural and forest uses in the surrounding area. Ensure new uses on Rural Industrial lands do not adversely affect nearby agricultural and forest uses. Simplified language 3.4.28 New industrial uses shall be limited in size to a maximum floor area of 7,500 square feet per use within a building, except for the primary processing of raw materials produced in rural areas, for which there is no floor area per use limitation. Staff recommends retaining language. 3.4.29 A lawfully established use that existed on or before February 2, 2003 not otherwise allowed in a Rural Industrial zone may continue to exist subject to the county’s non-conforming use regulations Staff recommends retaining language. 3.4.30 A lawfully established use that existed on or before February 2, 2003 may be expanded to occupy a maximum of 10,000 square feet of floor area or an additional 25 percent of the floor area currently occupied by the existing use, whichever is greater. Staff recommends retaining language. 3.4.31 Residential and industrial uses shall be served by DEQ approved on-site sewage disposal systems. Ensure new uses on Rural Industrial lands are served by on-site sewage disposal systems approved by the Department of Environmental Quality (DEQ). If this policy applies to lands beyond industrial land, consider duplicating or moving. DRAFT Policy Review – June 2023 Page 15 Policy Language Notes and Discussion 3.4.32 Residential and industrial uses shall be served by on-site wells or public water systems. Staff recommends retaining as-is. 3.4.33 Community sewer systems shall not be allowed in Rural Industrial zones. No change 3.4.34 A 2009 exception (Ordinance 2009-007) included an irrevocably committed exception to Goal 3 and a reasons exception to Goal 14 to allow rural industrial use with a Limited Use Combining Zone for storage, crushing, processing, sale and distribution of minerals. No change 3.4.35 A 2010 exception (Ordinance 2010-030) took a reasons exception to Goal 14 with a Limited Use Combing Zone for storage, crushing, processing, sale and distribution of minerals. No change 3.4.36 Properties for which a property owner has demonstrated that Goals 3 and 4 do not apply may be considered for Rural Industrial designation as allowed by State Statute, Oregon Administrative rules and this Comprehensive Plan. Rural Industrial zoning shall be applied to a new property that is approved for the Rural Industrial Plan designation. No change Section 4.9 Rural Service Center Policies Goals and Policies Goal 1: Support the creation and continuation of rural service centers that support rural communities while not adversely affecting nearby agricultural and forest uses. Added goal for this section. DRAFT Policy Review – June 2023 Page 16 Policy Language Notes and Discussion 4.9.1 Land use regulations shall conform to the requirements of OAR 660, Division 22 or any successor. Unnecessary, remove. 4.9.2 Rural Service Centers zoning shall be applied to Alfalfa and Brothers and shall consist of three districts: Commercial/Mixed Use; Residential; and Open Space. in Alfalfa, Brothers, Hampton, Wilstlestop, and Wildhunt are identified on the Comprehensive Plan Map and shall have zoning consistent with Comprehensive Plan designations. Consolidation of policy with the following policy. 4.9.3 Rural Service Center zoning shall be applied to Hampton, Whistlestop and Wildhunt and shall consist of a single Commercial/Mixed Use District. See above. 4.9.4 The area in the Brothers Rural Service Center Boundary that is north of Highway 20 and east of Camp Creek Road shall be zoned as Rural Service Center - Open Space District (RSC-OS). Recommend removing. Should already be captured in Zoning map and also can be cited in narrative. 4.9.5 In April 2002, Alfalfa area residents expressed a desire to keep the community “the way it is” and to limit commercial activity to 2-acres south of Willard Road that is the site of the Alfalfa Community Store and the community water system. These two acres are designated as a mixed used commercial district in the Comprehensive Plan and shall be zoned mixed use commercial. The remaining 20 acres of the Rural Service Center will continue to be zoned Rural Service Center – Residential District, with a 5-acre minimum lot size. Since the Board of County Commissioners finds it Staff recommends retaining language or potentially removing some of the narrative but retaining the final sentence. DRAFT Policy Review – June 2023 Page 17 Policy Language Notes and Discussion may be necessary to accommodate the need for future commercial expansion 2 acres north of Willard Road are being designated on the Comprehensive Plan for future commercial uses. A zone change to mixed use commercial can be considered only for a specific use and upon findings that the existing commercial area is fully developed. 4.9.6 County Comprehensive Plan policies and land use regulations shall ensure that new uses authorized within the Alfalfa, Brothers, Hampton, Millican, Whistlestop and Wildhunt Ensure that land uses at Rural Service Centers do not adversely affect agricultural and forest uses in the surrounding areas. Simplify and generalize language. 4.9.7 Zoning in the rural service areas shall promote the maintenance of the area’s rural character. New commercial uses shall be limited to small-scale, low impact uses that are intended to serve the community and surrounding rural area or the travel needs of people passing through the area. The commercial/mixed use zoning regulations shall allow a mixed use of residential or small-scale commercial uses such as health and retail services. Minor changes recommended for clarity at this time; consider incorporating this language in a future “purpose statement for this zoning designation in the Development Code. More general policy language could say: “Maintain the rural character of Rural Service Centers though appropriate land use regulations.” Addition of “such as health and retail services.” Consider RC, RI, and RSC language together. 4.9.8 Residential and commercial uses shall be served by DEQ approved on-site sewage disposal systems. Staff recommends retaining language as-is. 4.9.9 Residential and commercial uses shall be served by onsite wells or public water systems. Staff recommends retaining language as-is. DRAFT Policy Review – June 2023 Page 18 Policy Language Notes and Discussion 4.9.10 Community water systems, motels, hotels and industrial uses shall not be allowed. Staff recommends retaining language as-is. 4.9.11 Recreational vehicle or trailer parks and other uses catering to travelers shall be permitted. Staff recommends retaining language as-is. 4.9.12 The County shall consider ways to improve services in the area consistent with the level of population to be served. Revised policy based on community feedback. Removed due to combination with 4.9.7 Table 3. Public Facilities and Services Policies Policy Language Notes and Discussion Goal 1 Support the orderly, efficient, and cost-effective siting of rural public facilities and services. Oxford comma 3.6.1 Encourage the formation of special service districts to serve rural needs rather than have the County serve those needs. Encourage and support the formation of special service districts to serve the need for public facilities in rural areas. Minor changes 3.6.2 Encourage early planning and acquisition of sites needed for public facilities, such as roads, water and wastewater facilities. Encourage and support planning for and acquisition of sites needed for public facilities, such as transportation, water, and wastewater facilities. Minor changes for clarity DRAFT Policy Review – June 2023 Page 19 Policy Language Notes and Discussion 3.6.3 Support the siting of community health clinics, hospitals, and private medical practices to serve rural residents throughout the County. Updated language for clarity to reflect PC discussion 3.6.4 Where possible, maintain County offices in locations convenient to all areas of the county. Consider removing. 3.6.5 Continue to sSupport the County Fairgrounds as a community gathering place, event facility and home to the annual County Fair. Minor change 3.6.6 Maintain the County Fairgrounds as an emergency readiness location and staging area in the event of a Cascadia Subduction Zone earthquake or other large disaster. Elaboration of policy 3.6.7 Before Prior to disposing of County-owned property, consider review whether the land is appropriate for needed public projects such as schools, health clinics, fire stations, or senior centers, or affordable housing. Added housing as a potential project. 3.6.8 Coordinate with rural service districts and providers to ensure new development is reviewed with consideration of service districts and providers needs and capabilities. review development proposals. Simplified language. DRAFT Policy Review – June 2023 Page 20 Policy Language Notes and Discussion 3.6.9 New development shall address impacts on existing facilities and plans through the land use entitlement process. Use the land use entitlement process to ensure new development addresses and mitigates impacts on existing and planned public facilities. Rewording. 3.6.10 Support education districts, library districts and recreation districts in meeting community needs, such as meeting spaces. No changes. 3.6.11 Where practicable possible, locate utility lines and facilities on within or adjacent to existing public or private right-of-ways rights-of-way and to avoid dividing farm or forest lands. Minor changes. 3.6.12 Review public facilities and services to minimize impacts of the facilities on the larger community. a. Review and revise as needed County Code to require screening of public facilities including power generating facilities and sewage treatment plants, and to address impacts from cell towers. Use the development code to mitigate visual and other impacts of public facilities and cell towers. Rephrase from one-time action. Added “cell towers” 3.6.13 Support the creation of a landfill overlay zone. Remove. Moved as an option under Goal 2 3.6.14 Guide the location and design of rural development so as to minimize the public costs of facilities and services. Use the Comprehensive Plan and Development Code to guide rural Suggested rewording. DRAFT Policy Review – June 2023 Page 21 Policy Language Notes and Discussion development in a manner that supports the orderly and cost- efficient provision of public facilities and services. 3.6.15 Support siting and development of city owned water and wastewater facilities on rural lands, including innovative facilities that include additional community amenities. New policy based on local government feedback. Note: This policy is similar to policy 6.5.7 and may be deleted or combined with that policy in a subsequent draft. Goal 2. Pursue sustainable, innovative, and cost-effective waste management practices New goal based on community feedback Added “innovative” per PC comments. 3.6.16 Allow for siting of waste management facilities on rural lands, including but not limited to landfill facilities, transfer stations, organics management facilities, material recovery facilities, and recycling modernization facilities, in a manner that is sensitive to environmental and community concerns. New policy based on community feedback 3.6.17 Provide incentives, education, and resources to promote reuse and recycling of construction waste New policy based on community feedback Reworded based on PC discussion to mention “reuse and recycling” and “education” 3.6.18 Encourage waste reduction through community education and partnerships with community groups such as the Environmental Center New policy based on community feedback 3.6.19 Support the creation of a landfill overlay zone. Option for PC – moved from prior goal. Goal 3. Serve as conduit for countywide resources New goal based on community feedback. Recommend moving to a more appropriate section in subsequent DRAFT Policy Review – June 2023 Page 22 Policy Language Notes and Discussion draft but included as a placeholder in this section for now. 3.6.20 Provide resources to connect community members with a variety of housing and health related issues in Deschutes County New policy based on community feedback Table 4. Recreation & Tourism Policies Policy Language Notes and Discussion Section 3.8 Rural Recreation Policies Goal 1 Increase affordable, sustainable, and diverse recreation opportunities through partnerships with government and private entities. Promote a variety of passive and active park and recreation opportunities through a regional system that includes federal and state parks and local park districts. Amended language based on community feedback 3.8.1 Reduce barriers to regional parks and recreation projects, including acknowledgement or adoption of federal, state and local parks district trail and facility plans. Cooperate with public agencies and local park districts to provide park and recreation lands, facilities and opportunities. Simplify language. DRAFT Policy Review – June 2023 Page 23 Policy Language Notes and Discussion a. The Statewide Comprehensive Outdoor Recreation Plan and State Park Master Plans shall serve as a basis for coordination on County-wide park and recreation issues. b. Support exceptions to Statewide Planning Goals for urban fringe areas owned or acquired and operated by park and recreation districts. 3.8.2 Work cooperatively with public agencies to promote standards for consolidation of public land access and to ensure recreational entry to those lands, especially along rivers and streams 3.8.2 Collaborate with partners to develop a regional system of trails and open spaces, prioritizing recommendations from County, state, and federal recreational plans and studies. Simplify language. 3.8.3 Encourage coordination between the U.S. Forest Service, the Bureau of Land Management and recreational use interest groups off-road vehicle organizations to regulate use of motorized vehicles, including motorbikes, ATVs and snowmobiles in order to minimize environmental degradation, agricultural fragmentation and user conflicts on public and private land property. Simplified language. DRAFT Policy Review – June 2023 Page 24 Policy Language Notes and Discussion 3.8.4 Participate in federal recreation planning on federal lands and state park planning on State lands. Consolidated with policy above. 3.8.5 Support the creation and improvement of accessible park and recreation opportunities in compliance with the Americans with Disabilities Act. Added additional language per PC comments 3.8.6 Support efforts to coordinate recreation planning between the County, park and recreation districts, school districts, irrigation districts, unincorporated communities, and cities. Minor addition Added “County” 3.8.7 Work with Unincorporated Communities that express an interest in parks, open spaces and community centers. Coordinate with unincorporated communities to identify opportunities for parks, trails, open spaces, and community centers. Rewording 3.8.8 Coordinate trail design and funding with transportation system plans and support efforts to provide and manage rural trail segments and bicycle routes. Alternative language: 3.8.8 Establish trail design standards and identify specific funding sources for them as part of future transportation system planning Added potential stronger language for discussion. DRAFT Policy Review – June 2023 Page 25 Policy Language Notes and Discussion efforts to ensure development of identified priority rural trail segments and bicycle routes. 3.8.9 Support the Committee on Recreational Assets in identifying priority recreational projects, including incorporating as appropriate, elements of the Committee on Recreational Assets into this Plan. Remove policy – committee is no longer active. 3.8.10 Update County Code as needed to define rural recreational uses such as private parks. Remove 3.8.9 Explore creation of a County Parks and Recreation Department to increase the County’s role in recreation and natural resource management and implement if deemed appropriate. New policy based on community input. 3.8.10 Support community efforts for acquisition and management of Skyline Forest as a community amenity. New policy based on community input. Same policy is in Forest section – better suited here. 3.4.2 Work with stakeholders to promote new recreational and tourist initiatives that maintain the integrity of the natural environment Moved policy from Economic Development section Table 5. Destination Resort Policies Policy Language Notes and Discussion Section 3.9 Destination Resorts DRAFT Policy Review – June 2023 Page 26 Policy Language Notes and Discussion Goal 1 To provide Provide for development of destination resorts in the County consistent with Statewide Planning Goal 8 in a manner that will be compatible with farm and forest uses, existing rural development, and in a manner that will maintain important natural features, such as including habitat of threatened or endangered species, streams, rivers, and significant wetlands. Goal structure is different from other Plan sections. Multiple goals up front with policies following. Edits for clarity, consider cutting further. 3.9.x Goal 2 To provide Provide a process for the siting of destination resorts facilities that enhance and diversify the recreational opportunities and economy of Deschutes County, on rural lands that have been mapped by Deschutes County as eligible for this purpose. Change from a goal to a policy under the above goal. Combine with language from Goal 3. Goal 3 To provide for the siting of destination resort facilities that enhances and diversifies the recreational opportunities and economy of Deschutes County. Goal 4 To provide for development of destination resorts consistent with Statewide Planning Goal 12 in a manner that will ensure the resorts are supported by adequate transportation facilities. Staff recommends keeping as-is Change from goal to policy. 3.9.1 Destination resorts shall only be allowed within areas shown on the “Deschutes County Destination Resort Map” and when the resort complies with the requirements of Goal 8, ORS 197.435 to 197.467, and Deschutes County Code 18.113. Staff recommends keeping as-is DRAFT Policy Review – June 2023 Page 27 Policy Language Notes and Discussion 3.9.2 Applications to amend the map will be collected and will be processed concurrently no sooner than 30 months from the date the map was previously adopted or amended. Provision better suited for development code. 3.9.3 Create and implement additional limitations on the siting and development of destination resorts that go beyond current state regulations to ensure protection of water quality, recreational resources, and other County resources and values. New policy based on Phase 2 outreach results. 3.9.4 Ensure that destination resort developments support and implement strategies to provide workers with affordable housing options within or in close proximity to the resorts. New policy based on Phase 2 outreach results. 3.9.5 Mapping for destination resort siting. a. To assure that resort development does not conflict with the objectives of other Statewide Planning Goals, destination resorts shall pursuant to Goal 8 not be sited in Deschutes County in the following areas: 1. Within 24 air miles of an urban growth boundary with an existing population of 100,000 or more unless residential uses are limited to those necessary for the staff and management of the resort; 2. On a site with 50 or more contiguous acres of unique or prime farm land identified and mapped by the Soil Conservation Service or within three miles of farm land within a High-Value Crop Area; General recommendation is to remove statute/code language items from comprehensive plan policies. However, this is expected to be item of further discussion with PC/BOCC. DRAFT Policy Review – June 2023 Page 28 Policy Language Notes and Discussion 3. On predominantly Cubic Foot Site Class 1 or 2 forest lands which are not subject to an approved Goal exception; 4. On areas protected as Goal 5 resources in an acknowledged comprehensive plan where all conflicting uses have been prohibited to protect the Goal 5 resource; 5. Especially sensitive big game habitat, and as listed below, as generally mapped by the Oregon Department of Fish and Wildlife in July 1984 an as further refined through development of comprehensive plan provisions implementing this requirement. i. Tumalo deer winter range; ii. Portion of the Metolius deer winter range; iii. Antelope winter range east of Bend near Horse Ridge and Millican; 6. Sites less than 160 acres. b. To assure that resort development does not conflict with Oregon Revised Statute, destination resorts shall not be sited in Deschutes County in Areas of Critical State Concern. c. To assure that resort development does not conflict with the objectives of Deschutes County, destination resorts shall also not be located in the following areas: 1. Sites listed below that are inventoried Goal 5 resources, shown on the Wildlife Combining Zone, that the County has chosen to protect: DRAFT Policy Review – June 2023 Page 29 Policy Language Notes and Discussion i. Antelope Range near Horse Ridge and Millican; ii. Elk Habitat Area; and iii. Deer Winter Range; 2. Wildlife Priority Area, identified on the 1999 ODFW map submitted to the South County Regional Problem Solving Group; 3. Lands zoned Open Space and Conservation (OS&C); 4. Lands zoned Forest Use 1 (F-1); 5. Irrigated lands zoned Exclusive Farm Use (EFU) having 40 or greater contiguous acres in irrigation; 6. Non-contiguous EFU acres in the same ownership having 60 or greater irrigated acres; 7. Farm or forest land within one mile outside of urban growth boundaries; 8. Lands designated Urban Reserve Area under ORS 195.145; 9. Platted subdivisions; d. For those lands not located in any of the areas designated in Policy 3.9.5(a) though (c), destination resorts may, pursuant to Goal 8, Oregon Revised Statute and Deschutes County zoning code, be sited in the following areas: 1. Forest Use 2 (F-2), Multiple Use Agriculture (MUA-10), and Rural Residential (RR-10) zones; 2. Unirrigated Exclusive Farm Use (EFU) land; DRAFT Policy Review – June 2023 Page 30 Policy Language Notes and Discussion 3. Irrigated lands zoned EFU having less than 40 contiguous acres in irrigation; 4. Non-contiguous irrigated EFU acres in the same ownership having less than 60 irrigated acres; 5. All property within a subdivision for which cluster development approval was obtained prior to 1990, for which the original cluster development approval designated at least 50 percent of the development as open space and which was within the destination resort zone prior to the effective date of Ordinance 2010-024 shall remain on the eligibility map; 6. Minimum site of 160 contiguous acres or greater under one or multiple ownerships; e. The County shall adopt a map showing where destination resorts can be located in the County. Such map shall become part of the Comprehensive Plan and Zoning Ordinance and shall be an overlay zone designated Destination Resort (DR). 3.9.6 Ordinance provisions. a. The County shall ensure that destination resorts are compatible with the site and adjacent land uses through enactment of land use regulations that, at a minimum, provide for the following: 1. Maintenance of important natural features, including habitat of threatened or endangered species, streams, rivers, and significant Keep for now, explore opportunities to integrate into development code and remove from comprehensive plan through a separate project. DRAFT Policy Review – June 2023 Page 31 Policy Language Notes and Discussion wetlands; maintenance of riparian vegetation within 100 feet of streams, rivers and significant wetlands; and 2. Location and design of improvements and activities in a manner that will avoid or minimize adverse effects of the resort on uses on surrounding lands, particularly effects on intensive farming operations in the area and on the rural transportation system. In order to adequately assess the effect on the transportation system, notice and the opportunity for comment shall be provided to the relevant road authority. 3. Such regulations may allow for alterations to important natural features, including placement of structures, provided that the overall values of the feature are maintained. b. Minimum measures to assure that design and placement of improvements and activities will avoid or minimize the adverse effects noted in Policy 3.9.4(a) shall include: 1. The establishment and maintenance of buffers between the resort and adjacent land uses, including natural vegetation and where appropriate, fenced, berms, landscaped areas, and other similar types of buffers. 2. Setbacks of structures and other improvements from adjacent land uses. DRAFT Policy Review – June 2023 Page 32 Policy Language Notes and Discussion c. The County may adopt additional land use restrictions to ensure that proposed destination resorts are compatible with the environmental capabilities of the site and surrounding land uses. d. Uses in destination resorts shall be limited to visitor- oriented accommodations, overnight lodgings, developed recreational facilities, commercial uses limited to types and levels necessary to meet the needs of visitors to the resort, and uses consistent with preservation and maintenance of open space. e. The zoning ordinance shall include measures that assure that developed recreational facilities, visitor-oriented accommodations and key facilities intended to serve the entire development are physically provided or are guaranteed through surety bonding or substantially equivalent financial assurances prior to closure of sale of individual lots or units. In phased developments, developed recreational facilities and other key facilitated intended to serve a particular phase shall be constructed prior to sales in that phase or guaranteed through surety bonding. Table 6. Sunriver Policies Note – no changes are proposed to these policies at this time, though a larger cleanup as part of a future process is recommended. Existing policies are shown below. DRAFT Policy Review – June 2023 Page 33 Policy Language Notes and Discussion Section 4.5 Sunriver Policies 4.5.1 Land use regulations shall conform to the requirements of OAR 660 Division 22 or any successor. 4.5.2 County comprehensive plan policies and land use regulations shall ensure that new uses authorized within the Sunriver Urban Unincorporated Community do not adversely affect forest uses in the surrounding Forest Use Zones. 4.5.3 To protect scenic views and riparian habitat within the community, appropriate setbacks shall be required for all structures built on properties with frontage along the Deschutes River. 4.5.4 Open space and common area, unless otherwise zoned for development, shall remain undeveloped except for community amenities such as bike and pedestrian paths, and parks and picnic areas. 4.5.5 Public access to the Deschutes River shall be preserved. 4.5.6 The County supports the design review standards administered by the Sunriver Owners Association. Residential District Policies 4.5.7 Areas designated residential on the comprehensive plan map shall be developed with single family or multiple family residential housing. Commercial District Policies Policy 4.5.8 Small-scale, low-impact commercial uses shall be developed in conformance with the requirements of OAR Chapter 660, Division 22. Larger, more intense commercial uses shall be permitted if they are intended to serve the DRAFT Policy Review – June 2023 Page 34 Policy Language Notes and Discussion community, the surrounding rural area and the travel needs of people passing through the area. Policy 4.5.9 No additional land shall be designated Commercial until the next periodic review. Policy 4.5.10 Multiple-family residences and residential units in commercial buildings shall be permitted in the commercial area for the purpose of providing housing which is adjacent to places of employment. Single-family residences shall not be permitted in commercial areas. Policy 4.5.11 Approval standards for conditional uses in the commercial district shall take into consideration the impact of the proposed use on the nearby residential and commercial uses and the capacity of the transportation system and public facilities and services to serve the proposed use. Town Center District Policies Policy 4.5.12 Small-scale, low-impact commercial uses shall be developed in conformance with the requirements of OAR Chapter 660, Division 22. Larger, more intense commercial uses shall be permitted if they are intended to serve the community, the surrounding rural area or the travel needs of people passing through the area. Policy 4.5.13 Development standards in the town center district should encourage new development that is compatible with a town center style of development that serves as the commercial core of the Sunriver Urban Unincorporated Community. The following policies should guide development in the Town Center District in Sunriver: DRAFT Policy Review – June 2023 Page 35 Policy Language Notes and Discussion a. Combine a mixture of land uses that may include retail, offices, commercial services, residential housing and civic uses to create economic and social vitality and encourage pedestrian use through mixed use and stand alone residential buildings. b. Develop a commercial mixed-use area that is safe, comfortable and attractive to pedestrians. c. Encourage efficient land use by facilitating compact, high-density development that minimizes the amount of land that is needed for development. d. Provide both formal and informal community gathering places. e. Provide visitor accommodations and tourism amenities appropriate to Sunriver. f. Provide design flexibility to anticipate changes in the marketplace. g. Provide access and public places that encourage pedestrian and bicycle travel. h. Provide road and pedestrian connections to residential areas. i. Facilitate development (land use mix, density and design) that supports public transit where applicable. j. Develop a distinct character and quality design appropriate to Sunriver that will identify the Town Center as the centerpiece/focal point of the community. Policy 4.5.14 Development within the Town Center (TC) District will be substantially more dense than development elsewhere in Sunriver. This increased density will require changes to existing topography and vegetation in the TC District to allow for screened, underground parking. The requirements of the County’s site plan ordinance shall be interpreted to reflect this fact. Resort District Policies DRAFT Policy Review – June 2023 Page 36 Policy Language Notes and Discussion Policy 4.5.15 Areas designated resort on the comprehensive plan map shall be designated resort, resort marina, resort golf course, resort equestrian or resort nature center district on the zoning map to reflect a development pattern which is consistent with resort uses and activities. Business Park District Policies Policy 4.5.16 A variety of commercial uses which support the needs of the community and surrounding rural area, and not uses solely intended to attract resort visitors, should be encouraged. Policy 4.5.17 Allow small-scale, low-impact commercial uses in conformance with the requirements of OAR Chapter 660, Division 22. Larger more intense commercial uses shall be permitted if they are intended to serve the community, the surrounding rural area and the travel needs of people passing through the area. Policy 4.5.18 Small-scale, low-impact industrial uses should be allowed in conformance with the requirements of OAR Chapter 660, Division 22. Community District Policies Policy 4.5.19 Areas designated community on the comprehensive plan map shall be designated community general, community recreation, community limited or community neighborhood district on the zoning map to reflect a development pattern which is consistent community uses and activities. Policy 4.5.20 Lands designated community shall be developed with uses which support all facets of community needs, be they those of year-round residents or part-time residents and tourists. DRAFT Policy Review – June 2023 Page 37 Policy Language Notes and Discussion Policy 4.5.21 Development shall take into consideration the unique physical features of the community and be sensitive to the residential development within which the community areas are interspersed. Airport District Policies Policy 4.5.22 Future development shall not result in structures or uses which, due to extreme height or attraction of birds, would pose a hazard to the operation of aircraft. Policy 4.5.23 Future development should not allow uses which would result in large concentrations or gatherings of people in a single location. Utility District Policies Policy 4.5.24 Lands designated utility shall allow for development of administrative offices, substations, storage/repair yards, distribution lines and similar amenities for services such as water, sewer, telephone, cable television and wireless telecommunications. Forest District Policies Policy 4.5.25 Uses and development on property designated forest that are within the Sunriver Urban Unincorporated Community boundary shall be consistent with uses and development of other lands outside of the community boundary which are also designated forest on the Deschutes County comprehensive plan map. Policy 4.5.26 Forest district property shall be used primarily for effluent storage ponds, spray irrigation of effluent, biosolids application and ancillary facilities necessary to meet Oregon Department of Environmental Quality sewage disposal regulations. DRAFT Policy Review – June 2023 Page 38 Policy Language Notes and Discussion Policy 4.5.27 The development of resort, residential or non-forest commercial activities on Forest district lands shall be prohibited unless an exception to Goal 14 is taken. General Public Facility Policies Policy 4.5.28 Residential minimum lot sizes and densities shall be determined by the capacity of the water and sewer facilities to accommodate existing and future development and growth. Policy 4.5.29 New uses or expansion of existing uses within the Sunriver Urban Unincorporated Community which require land use approval shall be approved only upon confirmation from the Sunriver Utility Company that water and sewer service for such uses can be provided. Policy 4.5.30 Expansion of the Sunriver Water LLC/Environmental/LLC Water and Sewer District outside of the historic Sunriver boundaries shall adequately address the impacts to services provided to existing property owners. Water Facility Policies Policy 4.5.31 Water service shall continue to be provided by the Sunriver Utilities Company. Sewer Facility Policies Policy 4.5.32 Sewer service shall continue to be provided by the Sunriver Utilities Company. Transportation System Maintenance Policies DRAFT Policy Review – June 2023 Page 39 Policy Language Notes and Discussion Policy 4.5.33 Privately-maintained roads within the Sunriver Urban Unincorporated Community boundary shall continue to be maintained by the Sunriver Owners Association. Policy 4.5.34 The bicycle/pedestrian path system in Sunriver shall continue to be maintained by the Sunriver Owners Association or as otherwise provided by a maintenance agreement. Policy 4.5.35 The County will encourage the future expansion of bicycle/pedestrian paths within the Sunriver Urban Unincorporated Community boundary in an effort to provide an alternative to vehicular travel. Policy 4.5.36 All public roads maintained by the County shall continue to be maintained by the County. Improvements to County maintained public roads shall occur as described the County Transportation System Plan. Table 7. Resort Community Policies Note – no changes are proposed to these policies at this time, though a larger cleanup as part of a future process is recommended. Existing policies are shown below. Policy Language Notes and Discussion General Resort Community Policies Policy 4.8.1 Land use regulations shall conform to the requirements of OAR 660 Division 22 or any successor. Policy 4.8.2 Designated open space and common area, unless otherwise zoned for development, shall remain undeveloped except for community amenities such DRAFT Policy Review – June 2023 Page 40 Policy Language Notes and Discussion as bike and pedestrian paths, park and picnic areas. Areas developed as golf courses shall remain available for that purpose or for open space/recreation uses. Policy 4.8.3 The provisions of the Landscape Management Overlay Zone shall apply in Resort Communities where the zone exists along Century Drive, Highway 26 and the Deschutes River. Policy 4.8.4 Residential minimum lot sizes and densities shall be determined by the capacity of the water and sewer facilities to accommodate existing and future development and growth. Policy 4.8.5 The resort facility and resort recreation uses permitted in the zoning for Black Butte Ranch and the Inn of the Seventh Mountain/Widgi Creek shall serve the resort community. Black Butte Ranch General Policies Policy 4.8.6 County comprehensive plan policies and land use regulations shall ensure that new uses authorized within the Black Butte Ranch Resort Community do not adversely affect forest uses in the surrounding Forest Use Zones. Policy 4.8.7 The County supports the design review standards administered by the Architectural Review Committee. Policy 4.8.8 Residential, resort and utility uses shall continue to be developed in accordance with the Master Design for Black Butte Ranch and the respective Section Declarations. Policy 4.8.9 Industrial activities, including surface mining, shall only occur in the area zoned Black Butte Ranch Surface Mining, Limited Use Combining District (Black Butte Ranch SM/LU) located in the northwest corner of Black Butte Ranch. DRAFT Policy Review – June 2023 Page 41 Policy Language Notes and Discussion Policy 4.8.10 Employee housing shall be located in the area zoned Black Butte Ranch-Utility/Limited Use Combining District (Black Butte Ranch-U/LU). Policy 4.8.11 Any amendment to the allowable use(s) in either the Resort Community District or the Limited Use Combining District shall require an exception in accordance with applicable statewide planning goal(s), OAR 660-04-018/022 and DCC 18.112 or any successor. Policy 4.8.12 The westerly 38-acres zoned Black Butte Ranch Surface Mining, Limited Use Combining District (Black Butte Ranch SM/LU) shall be used for the mining and storage of aggregate resources. Uses that do not prevent the future mining of these resources, such as disposal of reclaimed effluent and woody debris disposal from thinning and other forest practices may be allowed concurrently. Other resort maintenance, operational and utility uses, such as a solid waste transfer station, maintenance facility or equipment storage may be allowed only after mining and reclamation have occurred. Policy 4.8.13 The 18.5 acres zoned Black Butte Ranch-Utility/Limited Use Combining District (Black Butte Ranch-U/LU) may be used for the disposal of reclaimed sludge. Policy 4.8.14 The area west of McCallister Road and east of the area zoned Black Butte Ranch may be used for large equipment storage, general storage, maintenance uses, RV storage, telephone communications, administration offices, housekeeping facilities and employee housing. DRAFT Policy Review – June 2023 Page 42 Policy Language Notes and Discussion Policy 4.8.15 Employee housing shall be set back at least 250 feet from the eastern boundary of the area zoned Black Butte Ranch Surface Mining, Limited Use Combining District (Black Butte Ranch SM/LU). Policy 4.8.16 Surface mining within the Black Butte Ranch community boundary shall adhere to the following Goal 5 ESEE “Program to Meet Goal” requirements: a. Only the western most 38 acres of the site shall continue to be mined. b. Setbacks shall be required for potential conflicting residential and other development. A minimum 50-foot setback shall be maintained from the perimeter of tax lot 202 for all surface mining activity. c. Noise impact shall be mitigated by buffering and screening. d. Hours of operation shall be limited to between 7:00 a.m. and 6:00 p.m. weekdays. No operations shall be allowed on weekends and holidays. e. Processing shall be limited to 45 days in any one year, to be negotiated with Deschutes County in the site plan process in consultation with the Oregon Department of Fish and Wildlife (ODFW). f. The conditions set forth in the August 10, 1989, letter of ODFW shall be adhered to. g. Extraction at the site shall be limited to five acres at a time with on-going incremental reclamation (subject to DOGAMI review and approval). h. Mining operations, siting of equipment, and trucking of product shall be conducted in such a manner that applicable DEQ standards are met and minimizes noise and dust. DRAFT Policy Review – June 2023 Page 43 Policy Language Notes and Discussion i. DOGAMI requirements for a permit once mining affects more than five acres outside the 8.6-acre exemption area shall be met. j. A conditional use permit shall be obtained from Deschutes County, under the provisions of section 18.128.280. Surface mining of resources exclusively for on-site personal, farm or forest use or maintenance of irrigation canals, before mining activity affects more than five acres outside the 8.6-acre exempt area. Black Butte Ranch Public Facility Policies Policy 4.8.17 Police protection services shall be provided by the Black Butte Ranch Police Services District. Policy 4.8.18 The Black Butte Ranch Water Distribution Company and the Black Butte Ranch Corporation shall confirm the water and sewer service, respectively, can be provided for new uses or expansion of existing uses that require land use approval. Policy 4.8.19 The Black Butte Ranch Water Distribution Company shall provide water service for the Black Butte Ranch Resort Community. Policy 4.8.20 The Black Butte Ranch Corporation shall provide sewer service for Black Butte Ranch. Policy 4.8.21 The Black Butte Ranch Fire Protection District shall provide fire protection services for Black Butte Ranch. Policy 4.8.22 The roads and the bicycle/pedestrian path system within the Black Butte Ranch Resort Community boundary shall be maintained by the Black Butte Ranch Owners Association. Inn of the 7th Mountain Widgi Creek General Policies DRAFT Policy Review – June 2023 Page 44 Policy Language Notes and Discussion Policy 4.8.23 Any amendment to the allowable uses in either the Resort Community District or the Widgi Creek Residential District shall require an exception in accordance with applicable statewide planning goal(s), OAR 660-04- 018/022 or any successor, and DCC 18.112 or any successor Policy 4.8.24 The County shall encourage and support land exchanges efforts by and between private property owners, public agencies and public trusts for the purpose of fostering public access to and protection of natural resources, such as rivers, streams, caves, areas/features of historical importance and other natural features. Inn of the 7th Mountain/Widgi Creek Public Facility Policies Policy 4.8.25 Police protection services shall be provided under contract with the Deschutes County Sheriff. Policy 4.8.26 Water service shall be supplied by on-site wells for the Inn/Widgi Resort Community. Policy 4.8.27 New uses or expansion of existing uses that require land use approval shall be approved only upon confirmation from the City of Bend that sewer service can be provided. Policy 4.8.28 Fire protection services for the Inn/Widgi shall be provided through a contract with the City of Bend until such time as Inn/Widgi develops another plan to provide adequate fire protection. Policy 4.8.29 The Resort Community, not Deschutes County, shall maintain roads in the community. DRAFT Policy Review – June 2023 Page 45 Policy Language Notes and Discussion Policy 4.8.30 The bicycle/pedestrian path system shall be maintained by the Inn/Widgi Owners Association. Policy 4.8.31 Emergency access between Widgi Creek and the Inn of the Seventh Mountain shall be provided in accordance with the approved development plan for the Elkai Woods town homes. The respective resort property owners shall maintain emergency access between the Inn and Widgi Creek. Table 8. Terrebonne and Tumalo Policies Policy Language Notes and Discussion Section 4.6 - Background The Terrebonne Community Plan was adopted in Ordinance 2010-012 is hereby incorporated into this Plan as Appendix A. The Terrebonne and Tumalo Community Plans are incorporated as appendices. These sections are not needed. Section 4.7 - Background The Tumalo Community Plan was adopted in Ordinance 2010-027 and is hereby incorporated into this Plan as Appendix B.