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2008-595-Minutes for Meeting April 09,2008 Recorded 5/29/2008DESCHUTES COUNTY OFFICIAL RECORDS ^J ~~08nQ~~~~ NANCY BLANKENSHIP, COUNTY CLERK C COMMISSIONERS' JOURNAL 11,111, I III 0512912008 08:47:58 AM IIIIIIIIIIIIIIIIIIII 2008-595 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, APRIL 9, 2008 Present were Commissioners Dennis R. Luke, Tammy Melton and Michael M. Daly. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; and, for part of the meeting, Laurie Craghead, Legal Counsel; Scott Johnson, Mental Health Department; Anna Johnson, Communications; David Inbody, Assistant to the Administrator; Sheriff Captain Marc Mills and Lt. Gary Decker; Joe Studer, Forester; Dan Smith, Patrol Captain for the U. S. Forest Service; John Allen, Deschutes National Forest; Tom Anderson, George Read, Catherine Morrow, Dennis Perkins, Dan Haldeman, Lori Furlong and Kristen Maze, Community Development Department; media representative Eric Stollar of the Bulletin; and four other citizens. Chair Luke opened the meeting at 1: 30 p.m. 1. Forester Update. Joe Stutler stated that the thinning project for the 400 acres of Fremont Canyon has been completed. (He referred to photos of the area.) There are two contracts in place. Countywide fuels treatment is going well. Woodside Ranch and Deschutes River Woods and similar neighborhoods are included, as are numerous other areas. The recent Washington D.C. trip included speaking with the Congressional group to talk about Project Wildfire. He feels that the response was very positive and thinks it will be supported on an ongoing basis. All of this should impact the lands in the area in a positive way. John Allen of Deschutes National Forest gave an overview of the work being done by his agency in this regard and of ongoing efforts to coordinate this work with the County. Minutes of Administrative Work Session Wednesday, April 9, 2008 Page 1 of 8 Pages He said that there are many good projects ongoing, including the Weed Advisory Board, Road 45, handling emergency events with the Sheriff's Office and others. He stated that all of these efforts seem to be going well. Regarding hazardous fuels treatment, over 22,000 acres were treated last year, mostly inside the urban interface area. More focus is being given to his issue. He referred to an oversized map of the area, showing wildfires that occurred over the past 100 years. The task of treating hazardous fuels will never end. Recreation is important and integral to the area. The challenge is that his workface and abilities are at capacity, and they will need the help and cooperation of all agencies. He does not see Congress providing much in the way of funding for recreational uses. A forest plan revision process will begin soon to define where recreation should be and where it should not be. In this region, only Mt. Hood and Mt. Baker have more activity than the Deschutes National Forest. Recreation management is going to be hard work, given the limited resources now available. There is some basis to concerns about climate change; it is getting drier and hotter. This has to be kept in mind when doing any work regarding the forests. Although water has always been a big issue in this area, it will become even more important in the future. Dan Smith stated that he now lives in Redmond, having just moved here from Payson, Arizona. He supervises local Forest Service law enforcement officers. There are not many of them; there are a grand total of four in Deschutes County and a few in the surrounding areas. He supervises the National Grasslands, Deschutes and Ochoco. Wherever there is intensive recreation there are going to be some problems. The cooperative law enforcement agreement with Deschutes County allows the County to oversee some of the rural areas. In regard to site visits, this is a high use county. (He provided a handout with site visit statistics) The Sheriff's Office is absolutely needed. He clarified what his officers are able to enforce and what has to be handled by the Sheriff or the State Police. They do have arrest authority in some cases. Captain Mills gave-an overview of some of the activity his officers deal with in the National Forest. Commissioner Melton stated that it has been suggested that the various agencies get together once a year to talk about trail needs, to perhaps assist each other and get more of the community involved. Minutes of Administrative Work Session Wednesday, April 9, 2008 Page 2 of 8 Pages 2. Work Session on Application for an Outdoor Mass Gathering Permit - Bluegrass Festival. Kristen stated this is an application for the second year of the event. (She referred to the Assessor's parcel map and a site plan.) Notice has been sent to the neighbors and a notice was placed in the Bulletin. Several responses have been received. The request is four eight day, which would include set up and clean up, with most of the event taking place over a few days. The applicants also asked that some restrictions regarding the hours of operation and the use of an ambulance be waived. Tom Wright of the Rural Fire Protection District noted that the Tumalo Station was closed due to lack of funding, and will be at the public hearing to address this concern. Commissioner Luke said that there were some complaints last year. ? said that all of the complaints were in relation to noise. The Sheriff did not have a noise level meter to be able to measure the level of the noise. It would be measured from the affected person's property. Although the Commissioners got a letter after the event regarding attendees' use of their car radios inappropriately, but the Sheriff's Office did not hear from anyone on that issue. Laurie Craghead stated that if there are fewer than 3,000 people, eight days is not a problem. In fact, they could stay up to ten days. Last year they had perhaps 300 attendees. Commissioner Luke asked why they want to go to midnight with the event. Ms. Maze stated that they could go up to 50 decibels up to 10:00 p.m. They would like to be able to continue to midnight. Commissioner Melton observed that there could be noise generated by sound tests on any of the days. Ms. Maze stated that they need to set up fencing and other equipment and does not think that is the intent. There were no Code enforcement issues resulting from the last event. No citations were issued by the Sheriff's Office. Commissioner Luke asked that any comments from the neighbors be provided well in advance of the hearing. Minutes of Administrative Work Session Wednesday, April 9, 2008 Page 3 of 8 Pages 3. Community Development 2008-2009 Work Plan. Tom Anderson reviewed the work plan for the past calendar year and the fiscal year in order to tie in with the next budget. He stated that in the accomplishments section, it shows that surveys are done in a number of ways and the results are very positive. Last year they attained a 4.79 out of 5. Eventually almost all documents will be available on line. A pilot program is underway for electronic plans review; this is under a partnership with three local designers to refine the process. This ties in with their e-commerce efforts, including permits, licensed facility renewals and other documents. This will simplify the process for customers. Also, are researching a new permitting system since the current system may no longer be feasible. The State will offer a free permitting system through a pilot project in the near future. This involves data conversion and other processes. In regard to code enforcement, there was a 27% increase in the number of complaints last year. Has a lot to do with the changing nature of the rural county. people pay a lot of money to move into properties and sometimes complain about what the neighbors are doing. In the past, it might not have triggered a complaint. They are also being more proactive in regard to replacement dwellings and accessory structures. Regarding GIS and the website, a lot has been added and more is planned. The website has been reconfigured to take into the account the type of customers the County now has. Specific information on destination resorts will also be addressed. Dennis Perkins said that his group managed all of its goals, including State mandates for handling work within a certain time frame. It was a hectic year, on the tail end of a very busy building period. The State wants all jurisdictions to sign up to the e-permitting program but the County is already accomplishing much of this. Permit fee methodology is being examined to make sure it remains equitable. Building Codes set up a regional office, so the State surcharge went up to fund this. All the regional building inspectors have met. They also meet with the Builders' Association on a regular basis. Minutes of Administrative Work Session Wednesday, April 9, 2008 Page 4 of 8 Pages There are three regional offices where permits are issued; La Pine and Redmond are the latest. At this point Sisters is not interested in doing the same thing. There are also intergovernmental agreements in place with other counties and the State. The County does all of the inspections for the City of Redmond. The City of Bend came to a meeting regarding access issues, of which they have had many, and stated that Redmond has a lot of problems as well. It was found that everything the County has done was per Code and the City has issued a letter of apology. At this point, the City of La Pine has not applied to the State to create its own building department, so at this point the area remains in the jurisdiction of the County's building department. Dan Horton gave an overview of restaurant and other inspections. Restaurant inspections will soon be posted on line so the public can look at them. There has been some good feedback but some negative comments. Also, in regard to e-commerce, food and handler training will be addressed in that manner. Also, there are 175 water systems to be regulated in the County. The on-site wastewater disposal permit process will be clarified in conjunction with the revised building permits. The Health Department has recently asked his group to be a part of emergency training to help evaluate potential hazards. Catherine Morrow said that last year her group's work is somewhat down, they have been taking proactive steps on issues that have been on the work plan for a while. More appeals have gone to the Hearings Officer and the Commissioners. The contracting payment of Hearings Officer was changed and has been very helpful in getting appeals handled more quickly. The 15% increase in fees has helped, and an additional 15% will be requested in the next budget. The department is trying to use technology as much as possible. This makes less work for the department and is more convenient for the public. Regarding goals, a grant from LCDC will help them look at the high groudnwater lots. The reason the lots are an issue is because they are not compatible with traditional septic systems. A contract from LCDC will be coming soon for $100,000 to update the transportation plan. The primary goal next year is to update the comprehensive plan, including the TSP, the transportation system plan, the destination resort issue and others. Minutes of Administrative Work Session Wednesday, April 9, 2008 Page 5 of 8 Pages The timeline for gathering data, how the public will be involved and what kind of data is needed will be defined by the end of the fiscal year. It will be a challenge to integrate all of these issues. The public needs to understand that these are integral so they will see the big picture. The last significant update under periodic review took place in the early 1990's. One of the first tasks, to be available by the end of June, without changing any policies of the goals, is reformatting the text to eliminate what is out of date or not applicable. There will be a place for the public to see what the plan says now and how it changed. There is a lot of pressure in regard to remapping destination resorts. It is a hot topic but needs to be integrated with other aspects. One question may be whether the Board would support amending the Code to adopt a process for a specific applicant's concerns. There could be so many other interests involved that it could end up being very complicated. The preference is for anything like this to be a staff-initiated process and not introduced by an applicant. Commissioner Daly expressed concern regarding the use of Hearings Officers, especially in regard to vesting. Catherine Morrow stated that the deposit is $2,100. In Jefferson County, all claims go before the Commissioners and the charge is $500. The same basic process applies in Crook County and the cost is $150. It takes thousands of dollars before the appeal comes to the Commissioners, especially if attorneys are involved. The Commissioners set policy and it appears to be punitive to charge that much. Staff does a good job on staff reports and the hearings Officer's report is almost the same. Most of them seem fairly straightforward. Commissioner Luke said staff is not attorneys, and the Board has to have an attorney review it in case it goes to the State. The Hearings Office acts as a land use attorney in these cases. There are fewer than ten cases involving vesting. All of these will be appealed because there are no court cases to clarify the issue. Ms. Morrow stated that perhaps six have been to Hearings Officers, and these are not simple issues. There are a lot of legal arguments to consider. She said they are all ongoing and there's nothing can be done about this. Commissioner Daly feels that Commissioners should be accessible to applicants in regard to an appeal. Commissioner Luke pointed out that the City of Bend Council does not even hear appeals; they go straight to the State. Minutes of Administrative Work Session Wednesday, April 9, 2008 Page 6 of 8 Pages Ms. Morrow stated that the Hearings Officer is neutral and allows people to make their case. There are few of these. The Hearings Officer has to interpret how it might be addressed at the State and advise the Board of the possible ramifications. Ms. Morrow said that all of the vested claims have been heard by Hearings Officers but there are no decisions yet because it so complicated. It may still end up at the courts. Commissioner Daly still feels strongly that staff reports are all that are needed in most cases and with the help of Legal Counsel, a Hearings Officer may not be necessary. Ms. Morrow was asked to break down the average cost of an appeal with or without the use of a Hearings Officer. Commissioner Luke pointed out that in most cases an outside attorney would be used by the applicant. Also, the Board may want the Hearings Officer to address a lot of cases to clarify the details before it ever comes to the Board. Commissioner Melton added that the Commissioners are not attorneys and would have to rely on a lot of help from Legal Counsel to handle these appeals if a Hearings Officer was not utilized. Therefore, much of the cost of handling these cases would end up being borne by the County and not the applicant. Commissioner Luke left the meeting at this time. 4. Other Items. Discussion of the Use of County-owned Property. (This item was addressed at the beginning of the meeting.) Susan Ross presented an oversized map and aerial photo, and gave an overview of how the property the County acquired off Poe Sholes Road would be utilized and where various buildings would be placed. Commissioner Daly expressed concern that buildings will occupy an area that he thinks he should be set aside for future law enforcement use. Part of the property is already committed to the State Police but he is not sure that a mental health facility would be the best use of the space. Ms. Ross stated that this property is properly zoned for use as a facility, which is a big part of the battle. Minutes of Administrative Work Session Wednesday, April 9, 2008 Page 7 of 8 Pages Commissioner Daly has no problem with using the property for 911 and the State Police. He supports Mental Health needs but does not want to use this property when it might be needed for law enforcement buildings in the future. Dave Kanner stated that the State Police building has been discussed for many years and needs to go forward unless the Board wants to halt the project now. Commissioner Melton stated that she would like to see the County go forward with a site plan on the various uses. Commissioner Luke added that this is the perfect place for clients who have severe mental problems and need secure housing, since it is in a law enforcement environment. In regard to the CATS request for grant funding discussed at the April 7 work session, Commissioners Daly and Melton both granted $500. Being no further discussion, the meeting adjourned at 2:10 p. m. DATED this 9th Day of April 2008 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Dennis R. Luke, Chair T Ba ey) elton, Vice Chair Minutes of Administrative Work Session Wednesday, April 9, 2008 Page 8 of 8 Pages '7~- u, ems- w---~,~ Page 1 of 2 Bonnie Baker From: Joe Stutler Sent: Tuesday, April 08, 2008 2:08 PM To: Bonnie Baker; Dave Kanner; 'John P Allen' Subject: RE: agenda? This will be a combined discussion with the Deschutes National Forest Supervisor John Allen, I'll need about 20 minutes and John will need approximately 30 minutes for his presentation with discussion time with the BOCC. My topics are: • Fremont Canyon Status and photos which I'll provide. • County wide fuels treatment status and progress • DC trip objectives and accomplishments • FireFree Program changes and accomplishments with the City of Bend • Time table for County Ordinance on defensible space/burning for unprotected lands. John will want to share the key issues and programs on-going on the Deschutes National Forest and share some collaboration efforts between the county and the forest. The whole point of the discussion is to formalize time frames that the leadership of the Deschutes Forest can have a planned discussion time with the BOCC along with the update with County Forester. . Thanks, Joe Stutler Deschutes County Forester (541) 322-7117 office (541) 388-2719 fax 61150 SE 27th St. Bend, OR 97702 joest@co.deschutes.or.us From: Bonnie Baker Sent: Wednesday, April 02, 2008 1:39 PM To: Joe Stutter Subject: agenda? 4/8/2008 J' _ Ga Go Jio~G ~O yp G~ 9k,OJ a~ok OJ O~ °O ~°il aGi ass ay ~ . ~ (A a16 Jai his S L__ ,lp~JGi •ao `bG a0, J° ~O~(~ vJ s a~, osaC, 1100 60 A G O y ~ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O L ~t M N V- This will be a combined discussion with the Deschutes National Forest Supervisor John Allen, I'll need about 20 minutes and John will need approximately 30 minutes for his presentation with discussion time with the BOCC. My topics are: • Fremont Canyon Status and photos which I'll provide. • County wide fuels treatment status and progress • DC trip objectives and accomplishments • FireFree Program changes and accomplishments with the City of Bend • Time table for County Ordinance on defensible space/burning for unprotected lands. John will want to share the key issues and programs on-going on the Deschutes National Forest and share some collaboration efforts between the county and the forest. The whole point of the discussion is to formalize time frames that the leadership of the Deschutes Forest can have a planned discussion time with the BOCC along with the update with County Forester. Thanks, Joe Stutler Deschutes County Forester (541) 322-7117 office (541) 388-2719 fax 61150 SE 27th St. Bend, OR 97702 joest@co.deschutes.or.us FY , Y r . ~ f : J ` . s >'sm = ,cy . ~fi ' ~ ~ , . ~.,1 ry , } _ il;l X~~, 2 s:.; 4 7' - :~e~ ! ~ ~ R ` •w'~(.~ :ate ~ `-+~_"..T 1 t, -.`may.. . ;f7 - t 9 5< r' - I z js?; 4 ~I ~ 7 \ ~ j ~ ~ ti'.. ,1 ~ x v'. , sup. .~~j . -~i .,_F~. v. ~ , 4 ~ 9t - x 'S ( ji~k i v'Pi"''~~k . ~ _ 7~ _ ~ .~~s ' ..1 ~-r ;rl~ F e1r 1 - ~ ~ :o ~ ----s ~ ~ i ~ t. ~j~ ~ ~ a \ J 4 4.am. ~ z,'f Y3. _ C S Sy - ~ 'I, f ~ ' ~ Y K 9'yt' . Y / F'' ~ ham, ' ~ f'.'~, ~ ` j Lt t. ,may M~~\ ~a~- ~ ~ s" ;~~~P~ ~ i ltrflx r ~~~F ~~i~~~ ~ ` tY ~ ~ ~ ~ ~ .__~~4. ...,r l . A ` ~ 1 ~ , ~ r ~ ~ El Community Development Department d Planning Division Building Safety Division Environmental Health Division 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ Memorandum TO: Deschutes County Board of County Commission FROM: Kristen Maze DATE: March 28, 2008 WORK SESSION: April 9, 2008 SUBJECT: Amateur Radio Text Amendment TA-06-10 Following two public hearings with the Board of County Commissioner's ("Board") and several work sessions staff has drafted an amateur radio facilities ordinance. The Board has reviewed the options available for the proposed amateur radio facilities text amendment outlined in the attached table. This work session will focus on a discussion of the proposed text amendment based on the Board Options Table, what was presented during public testimony, the written record and state statute; 221.295 Ordinances regulating placement or height of radio antennas. Notwithstanding ORS chapters 215 and 227, a city or county ordinance based on health, safety or aesthetic considerations that regulate the placement, screening or height of the antennas or antenna support structures of amateur radio operators must reasonably accommodate amateur radio communications and must represent the minimum practicable regulation necessary to accomplish the purpose of the city or county. However, a city or county may not restrict antennas or antenna support structures of amateur radio operators to heights of 70 feet or lower unless the restriction is necessary to achieve a clearly defined health, safety or aesthetic objective of the city or county. [1999 c.507 §1 ] This ORS is based on State and Federal law and case law from other states and federal courts since 1985 which restrict regulation of amateur radio towers and antennas by local government authorities Staff recommends that Board review the draft text amendment and schedule a 1 st reading of this amateur radio facilities ordinance. Attachments: 1. Draft Ordinance and Exhibits 2. Amateur Radio Options Table for BOCC Quality Services Perfortned zvith Pride REVIEWED LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC14UTES COUNTY, OREGON An Ordinance Amending Title 18, of the Deschutes County Code to Regulate Amateur Radio Facilities. * ORDINANCE NO. 2008-007 WHEREAS, the Deschutes County Planning Division requested a text amendment to add provisions to regulate amateur radio facilities, and WHEREAS, notice of public hearing before the Board of County Commissioners ("Board") was included in the tax statements and mailed to all property owners within the unincorporated county; and WHEREAS the Planning Commission considered this matter after a public hearings on February 8, 2007 and February 22, 2007 and forward changes to the zoning regulations for amateur radio facilities to the Board; and WHEREAS the Board considered this matter after public hearings was held November 26, 2007 and February 25, 2008 and concluded that the public will benefit from changes to the land use regulations; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESC1 UTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 18.04.030, Definitions 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 strikethr-eugh. Section 2. ADDITION. DCC 18.116.290, Amateur Radio Facilities, is added to read as described in Exhibit `B," attached hereto and by this reference incorporated herein, Section 3. AMENDMENT. DCC 18.120.040, Building Height Exceptions 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 st+ilethr-augh PAGE 1 OF 2 - ORDINANCE NO. 2008-007 (2/25/08) Section 4. FINDINGS. The Board of Commissioners adopts as it findings in support of this amendment as in Exhibit "D" attached and incorporated by reference herein. Dated this of , 2008 BOARD OF COUNTY COMMISSIONERS OF DESC1 UTES COUNTY, OREGON DENNIS R. LUKE, CHAIR TAMMY MELTON, VICE CHAIR ATTEST: Recording Secretary MICHAEL M. DALY, COMMISSIONER Date of 1 Sc Reading: day of 92008. Date of 2nd Reading: day of , 2008. Record of Adoption Vote Commissioner Yes No Abstained Excused Dennis R. Luke Tammy Melton Michael M. Daly Effective date: day of 52008. ATTEST: Recording Secretary PAGE 2 OF 2 - ORDINANCE NO. 2008-007 (2/25/08) Denotes section of the Code not amended in Ordinance 2008-007 Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS 18.04.010. Title. 18.04.020. Purpose. 18.04.030. Definitions. 18.04.010. Title. DCC Title 18 shall be known as the Deschutes County Zoning Ordinance of 1979. (Ord. 91-020 § 1, 1991) 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. "Amateur Radio Facilities" means the external, outdoor structures associated with an operator's amateur radio service. This includes antennae, masts, towers guy wires and other antenna support structures that consist of solid tubular or open lattice metal structure not exceeding 25 inches on average in diameter or face width "Amateur ("Ham") Radio Services" means radio communication services including amateur- satellite sentice and amateur service which are for the purpose of sell=training intercommunication and technical investigations carried out by duly licensed amateur radio operators solely for personal aims and without pecuniary interest, as defined in 'T'itle 47, Code of Federal Regulations Part 97 and regulated there under. (Ord. 2008-007 § 1, 2008) PAGE 1 OF 1 - EXHIBIT "A" TO ORDINANCE-2008-007 (2/25/08) Denotes section of the Code not amended in Ordinance 2008-OXX Chapter 18.116. SUPPLEMENTARY PROVISIONS 18.116.010. Authorization of Similar Uses. 18.116.020. Clear Vision Areas. 18.116.030. Off-Street Parking and Loading. 18.116.031. Bicycle Parking. 18.116.035. Bicycle Commuter Facilities. 18.116.040. Accessory Uses. 18.116.050. Manufactured Homes. 18.116.070. Placement Standards for Manufactured Homes. 18.116.080. Manufactured Home or RV as a Temporary Residence on an Individual Lot. 18.116.090. A Manufactured Home as a Temporary Residence for Medical Condition. 18.116.095. Recreational Vehicle as a Temporary Residence on an Individual Lot. 18.116.100. Building Projections. 18.116.200. Repealed. 18.116.120. Fences. 18.116.130. Hydroelectric Facilities. 18.116.140. Electrical Substations. 18.116.150. Endangered Species. 18.116.160. Rimrock Setbacks Outside of LM Combining Zone. 18.116.170. Solar Height Restrictions. 18.116.180. Building Setbacks for the Protection of Solar Access. 18.116.190. Solar Access Permit. 18.116.200. Repealed. 18.116.210. Residential Homes and Residential Facilities. 18.116.215. Family Childcare Provider. 18.116.220. Conservation Easements on Property Adjacent to Rivers and Streams-Prohibitions. 18.116.230. Standards for Class I and II Road Projects. 18.116.240. Protection of Historic Sites. 18.116.250. Wireless Telecommunications Facilities. 18.116.260. Rock Crushing Outside the SM Zone. 18.116.270. Conducting Filming Activities in All Zones. 18.116.280. Home Occupations. 18.116.290. Amateur Radio Facilities 1.8.116.290 Amateur Radio Facilities A. Amateur radio facilities shall meet the following criteria: 1. Antenna support structures, including guy wires and anchors shall be located outside of the required front rear and side yard setbacks; 2. Metal structures shall have a galvanized finish or flat or matte silver, or flat or matte gray in color; I Amateur radio facilities shall not include attached signage. symbols. or decorations, lighted or otherwise other than required unlighted signage for safety or regulatory purposes; PAGE 1 OF 2- EXHIBIT "B" TO ORDINANCE 2008-007 The property owner shall obtain a valid building permit if required from the Deschutes County Community Development Department Building Safety Division; Compliance with Federal Regulations a. The property owner shall demonstrate compliance with applicable Federal Communications Commission (FCC), Federal Aviation Administration (FAA), and Oregon Department of Aviation (ODA) restrictions. b. Compliance may be demonstrated by submitting copies of the FCC's FAA's, and ODA's written determination to the Deschutes Countv Community Development Department, Building Safety Division at time of application for a building permit; and FCC License a. The property owner shall provide documentation of a current valid FCC Amateur Radio License for the operation of amateur ("Ham") radio services in the name of property owner. b. Compliance may be demonstrated by submitting, a copy of the property owner's Amateur Radio License to the Deschutes County Community Development Department, Building Safety Division at time of application for a building permit. (Ord. 2008-007 § 2, 2008) PAGE 2 OF 2- EXHIBIT "B" TO ORDINANCE 2008-007 Chapter 18.120. EXCEPTIONS 18.120.010. Nonconforming Uses. 18.120.020. Nonconforming Lot Sizes. 18.120.030. Exceptions to Yard Requirements. 18.120.040. Building Height Exceptions. 18.120.050. Fill and Removal Exceptions. 18.120.040 Building height exceptions. A. The following structures or structural parts are not subject to the building height limitations of DCC Title 18: 1. chimneys, not more than three feet six inches above the highest point of the roof, vertical support structures for telephone and power transmission lines in utility easements or public rights-of-way, not requiring a site plan review as defined in DCC 18.124.060; flagpoles not exceeding 40 feet;, affd agricultural structures as defined in DCC 18.04.030 not exceeding 36 feet, and amateur radio facilities as outlined in DCC Title 18.116.290. This exception does not apply to an Airport Development Zone, Airport Safety Combing Zone or Landscape Management Combining Zone. B. The following structures or structural parts may receive exceptions to the building height limitations of DCC Title 18 if approved as part of a Site Plan Review, as defined in DCC 18.124.060 and subject to the criteria contained therein, public schools, vertical support structures for telephone and power transmission lines requiring a site plan, structures that are necessary for public safety and flagpoles. This exception does not supercede the more restrictive requirements that are found in the Airport Safety Combining Zone or Landscape Management Combining Zone. C. An exception (up to 36 feet) to the building height limitations for structures not otherwise exempted by DCC 18.120.040(A) may be approved upon findings that: 1. The structure is not located in a Landscape Management Zone, except when the structure is a single-family dwelling with an attached hangar located in an unincorporated community and the structure has a maximum height of 35 feet including chimneys, antennas, flagpoles or other projections from the roof of the structure; 2. The structure is not located within 100 feet of any rimrock, as defined in DCC 18.04.030; 3. After consultation with the applicable fire department, the proposed height does not exceed the height limitation of the department's fire fighting equipment, considering the evacuation of the building's occupants and the fire fighting requirements of the department; and 4. The proposed additional height will not adversely impact scenic views from existing nearby residences. 5. The proposed structure shall relate harmoniously to the natural environment and existing development, minimizing visual impacts and preserving natural features including views and topographical features. D. An exception to building height limitations for agricultural structures may be approved upon findings that the applicant meets the criteria listed in DCC 18.120.040(C)(1) through (3) and demonstrates that the proposed structure is: 1. An agricultural structure as defined in DCC 18.04.030; 2. Located in an EFU or Forest zone; and 3. Necessary to conduct generally accepted farming practices that are typical or customary of Deschutes County farmers who are regularly involved in the proposed type of agriculture. The applicant shall document satisfaction of this criterion by submitting evidence or testimony from an authorized representative of the Deschutes County Farm Bureau. PAGE 1 OF 2 - EXHIBIT "C" TO ORDINANCE 2008-007 (Ord. 2008-007 § 3, 2008,Ord. 2001-033 §1, 2001; Ord. 2001-004 §3, 2001; Ord. 98-035 §1, 1998; Ord. 96-035 §1, 1996; Ord. 93-043 §20C, 1993; Ord. 92-055 §10, 1992; Ord. 92-036 fl, 1992) PAGE 1 OF 2 - EXHIBIT "C" TO ORDINANCE 2008-007 STAFF REPORT TO: Deschutes County Board of County Commission FROM: Kristen Maze, Associate Planner DATE: February 25, 2008 SUBJECT: Public Hearing for Amateur Radio Text Amendment TA-06-10 PURPOSE The Deschutes County Board of County Commissioners (Board) held public hearings on the Amateur Radio Facilities text amendment that was withdrawn by the applicant, staff presented this proposed text amendment at three work sessions and a public hearing with the Board as a county initiated amendment that modifies Deschutes County Code (DCC) Section 18.040.030, Definitions, to include Amateur Radio Facilities and Amateur (Ham) Radio Services and amending Section 18.120.040, Building Height Exceptions, adding limitations for Amateur Radio Facilities. BACKGROUND The initial text amendment application was filed by the Central Oregon DX Club (Club) after a county enforcement file was opened for which the owner of the amateur radio facility was issued a Notice of Violation for exceeding the 30 foot height limitation in the Exclusive Farm Use zone. The Planning Commission held four work sessions and two public hearings on the proposed text amendment. The Planning Commission listened to considerable public testimony both for and against proposed regulations for placement of amateur radio facilities. Subsequent to the Planning Commission recommendation, the Club withdrew its application and the proposed text amendment became a Deschutes County Community Development Department ("CDD") staff initiated proposal. The Board initially heard this on November 26, 2007 and after two work sessions, requested that staff arrange and provide notice for an additional hearing on February 25, 2008 in order to receive comments on the Board's draft text amendment. The following is a summary of the background for the current Deschutes County amateur radio facilities regulations. In 2000-2001 Deschutes County considered adopting regulations for amateur radio antennas. The issue was considered with revisions to regulations of wireless Exhibit D to Ordinance 2008-007 (2/25/08) telecommunications facilities. However, no ordinance specifically mentioning amateur radio was adopted, in the interim, the county has not regulated amateur radio antennas except as a structure over 30 feet. Additionally, specific exemption to height limitations for radio and other similar projections that was in the DCC, section 18.120.040, was removed at that time (May, 2001). Currently, the Deschutes County Community Development Department applies the general restrictions of building height to the County Code for amateur radio facilities. This would require an amateur radio facility applicant to meet the height exception requirement, generally 30 feet, or fall under the specific zone area height requirements However, state law requires the county to not restrict amateur radio facilities 70 feet or lower unless the county can achieve a clearly defined health, safety or aesthetic objective and regulation is "the minimum practicable regulation necessary to accomplish the purpose of the city or county."(See ORS 221.295 Page 3) APPLICANT PROPOSAL The proposed text amendment initiated by the Club was based originally on the City of Beaverton's amateur radio ordinance. The amendment would: 1. add definitions for "Amateur Radio Facilities" and "Amateur (Ham) Radio Services" to DCC 18.04.030. 2. modify the Building Height Exceptions to allow for all amateur radio facilities in zones other than the Landscape Management Combing zone with a valid building permit if required by the Deschutes County Building Safety Director, including compliance with the Federal Communications Commission (FCC), Federal Aviation Administration (FAA), and Oregon Department of Aviation (ODA), and with proof of a valid FCC Amateur Radio License at the time of building permit application (DCC 18.120.040). Through the Planning Commission work sessions and public hearings the applicant's original proposal was modified with approval by the applicant, to be the "streamline version", which is Exhibit "B" section 18.116.290 (A), attached and incorporated by reference. Because the Planning Commission's ultimate recommendation included more provisions than the streamline version, the applicant withdrew its proposal. PLANNING COMMISSION RECOMMENDATION AND VOTE The Planning Commission identified aesthetic concerns regarding amateur radio facilities over 75 feet in height. These concerns became evident as a result of opposition to the proposed text amendment and site visits by some Planning Commissioners. The Commissioner's voiced their concerns over the unsightly appearance of the amateur radio facilities next door to other residence and the fact that these facilities could interfere with neighbor's views. The Planning Commission voted four to two on the following motion; "Amateur radio facilities greater than 75 feet in height including retractable facilities to less than 75 feet shall be harmonious to the natural environment and existing development, minimize visual impacts and preserve natural features including view and topographical features of the surrounding lands associated with the amateur radio facility and shall include site plan language from DCC 18.128.340 Wireless Telecommunications Facilities". 2 This motion also included aesthetic findings required by state statute. There was some confusion with the proposed motion regarding the inclusion of retractable amateur radio facilities. The Planning Commission's intent was to exclude amateur radio facilities that can be retracted to less than 75 feet in height from the more restrictive site plan requirements of DCC 18.128.340 Wireless Telecommunications Facilities. The recommended language is intended to address neighborhood meetings, site plan review and acknowledgement by the neighbors adjacent to the amateur radio facilities. Specifically, the Planning Commission recommended that the Board include language that would address amateur radio facilities over 75 feet in height with the incorporation of the Wireless Telecommunications Facilities language in DCC 18.128.340 (A) (1) (3) (d-i) and (B) (3,4,5,10). ANALYSIS The state law Deschutes County must follow for setting amateur radio facility standards is established by Oregon Revised Statute (ORS) 221.295. 221.295 Ordinances regulating placement or height of radio antennas. Notwithstanding ORS chapters 215 and 227, a city or county ordinance based on health, safety or aesthetic considerations that regulate the placement, screening or height of the antennas or antenna support structures of amateur radio operators must reasonably accommodate amateur radio communications and must represent the minimum practicable regulation necessary to accomplish the purpose of the city or county. However, a city or county may not restrict antennas or antenna support structures of amateur radio operators to heights of 70 feet or lower unless the restriction is necessary to achieve a clearly defined health, safety or aesthetic objective of the city or county. [1999 c.507 § 1 ] This ORS is based on state and federal law, namely the FCC ruling in PRB-1, codified in 47 CFR Part 97, and case law from other states and federal courts since 1985 that restrict regulation of amateur radio towers and antennas by local government authorities. Any limits or restrictions placed on amateur radio facilities must be linked to a clearly defined health, safety, or aesthetic objective. The applicant's proposal as modified in the "streamline version" provides minimum requirements to the amateur radio operator. • The proposal permits outright amateur radio facilities at any height provided the applicant obtains a building permit, a FCC amateur radio license, and satisfies the yard setbacks and design criteria. The Planning Commission's recommendation is more restrictive than state statute. • This recommendation would add anew Amateur Radio section 18.116 with specific site plan review criteria for amateur radio facilities over 75 feet in height. It is essential that in setting regulations for amateur radio facilities, the Board adhere to the State Statute. ORS 221.295 clearly maintains that regulation of the placement, screening or height of the antennas or antenna support structures of amateur radio operators must reasonably accommodate amateur radio communications and must represent the minimum practicable regulation to accomplish the County's' purpose. 3 Staff presented the two proposed text amendments to the Board. Following significant review, the Board determined that a variation of the Planning Commission's recommendation would address health, safety and aesthetic concerns, and best meet the needs of the public with the minimum practicable regulations. Based on the findings listed below the Board is proposing the adoption of the following amateur radio text amendment: ■ Amateur radio facilities 70 feet or less must obtain a building permit, a FCC amateur radio license, and satisfy the yard setbacks and design criteria. ■ Amateur radio facilities over 70 feet in height, or are retractable facilities that exceed 70 feet at full height, or more than one amateur radio facility of any height on a property must meet specific amateur radio site plan review requirements outline in Exhibit "B" section 18.116.290 (B). The Board also requests that the Planning Director establish a special fee for the administrative decision and site plan review required for amateur radio facilities. This fee will not include a hearings officer deposit. REVIEW CRITERIA The proposed amendment revises the DCC Title 18 to permit amateur radio facilities consistent with ORS 221.295. The proposed amendment is a public policy issue. Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative zoning text amendment. However, Deschutes County is required to comply with State and Federal law regarding amateur radio facilities. The parameters for evaluating this text amendment are based on whether there are adequate factual findings that demonstrate consistency with state and federal law, the statewide Planning Goals, the Deschutes County Comprehensive Plan, and Zoning Code. STATEWIDE PLANNING GOALS AND FINDINGS Goal 1 - Citizen Involvement. To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. Finding: Goal 1 is satisfied through our County text amendment process that includes a Planning Commission work session, followed by a Planning Commission public hearing, completed with County Board of Commissioners work session and public hearing. Goal 2 - Land Use Planning. To establish a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions and actions. Finding: Deschutes County has established a process and policy framework to assure that decisions rendered by the county on land use applications have an adequate factual basis. No exceptions to the Statewide Planning Goals are requested with this text amendment. The Staff report and accompanying materials contain the necessary facts for adoption of the proposed text amendments. Goal 3 - Agricultural Lands. To preserve and maintain agricultural lands. 4 Finding: Because state and federal laws do not allow for complete prohibition of amateur radio facilities, providing regulations that require a building permit will help insure that such facilities are safe and will not endanger the use of any applicant or neighbors' property for farm use. Goal 4 - Forest Lands. To conserve forest lands by maintaining the forest land base and to protect the state's forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. Finding: Because state and federal laws do not allow for complete prohibition of amateur radio facilities, providing regulations and design criteria will help insure that such facilities are safe and will not endanger or interfere with the use of any applicant or neighbors' property for forest use. Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces. To protect natural resources and conserve scenic and historic areas and open spaces. Finding: This text amendment will maintain the county identified scenic views along the rivers and scenic corridors of Deschutes County. The Landscape Management Combining zone currently has established criteria that limits all structures to a maximum of 30 feet in height along scenic corridors and rivers, and requires site plan review to maintain structures compatible with the site and existing scenic vistas. Because state and federal laws do not allow for complete prohibition of amateur radio facilities, the proposed text amendment will adhere to the Landscape Management combing zone requirements thereby insuring that such facilities do not interfere with County Goal 5 resources. Goal 6: Air, Water and Land Resources Quality. To maintain and improve the quality of the air, water and land resources of the state. Finding: The proposed text amendments will have no effect upon the air, water and land resources quality in Deschutes County because the areas where the facilities will be allow are established residential sites. Goal 7: Areas Subject to Natural Hazards. To protect people and property from natural hazards. Finding: This text amendment establishes criteria through the building permit process to protect people and property from the risks of natural hazards in Deschutes County. Goal 8: Recreation Needs. To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Finding: This is not a destination resort or recreational facility therefore this Statewide Planning Goal is not applicable to this text amendment. Goal 9: Economic Development. To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. Finding: This text amendment does not include future development therefore; this Statewide Planning Goal is not applicable to this text amendment. Additionally, the proposed facilities are for amateur radio use, not commercial radio use. Goal 10: Housing. To provide for the housing needs of citizens of the state. Finding: This Statewide Planning Goal is not applicable to this text amendment because this is not a housing use. Goal 11: Public Facilities and Services. To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. Finding: As the affected properties are outside of Urban Growth Boundaries and will not be served through extensions of urban services unless they already exist, this Statewide Planning Goal is not applicable to this text amendment. Goal 12: Transportation. To provide and encourage a safe, convenient and economic transportation system. Finding: The proposed text amendments will have no effect on the transportation system. This Statewide Planning Goal is not applicable to this text amendment because they do not involve the use of any transportation system other than the transportation of the equipment and amateur radio facility to the individual properties. Goal 13: Energy Conservation. To conserve energy. Finding: This goal is not affected because this proposed text amendment address amateur radio facilities which large amounts of electricity or any other sources of energy are not required for their use. Goal 14: To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. Finding: This goal is not applicable because this amendment is not a proposal for expansion of an urban growth boundary is not a proposal for the expansion of public facilities. Additionally, state and federal law regarding amateur radio do not allow for complete prohibition of amateur radio facilities. Statewide Planning Goals 15 -19 are goals that do not apply to Deschutes County Deschutes County Comprehensive Plan: The proposed amendment would satisfy the Deschutes County Comprehensive Plan goals and policies. Aesthetic findings for the preservation of scenic values and appearances within the identified river and scenic corridors, zoned as Landscape Management Combing district throughout rural Deschutes County are based on the Comprehensive Plan statement below. 6 Chapter 23.96 Open Spaces, Areas of Special Concern, and Environmental Quality states in Goal 1:" To conserve open spaces and areas of historic, natural or scenic resources." The policies section identifies the Landscape Management Combining zone. Specifically, Policy 6 states "Its primary purpose is to require site plan review to maintain structures compatible with the site and existing scenic vistas, rather than establish arbitrary standards for appearance or to otherwise restrict construction of appropriate structures." Based on Deschutes County zoning and comprehensive plan the Board finds that the proposed amateur radio text amendment is consistent and meets the minimum practicable regulations necessary to accomplish the purpose of the county. PUBLIC NOTICE A public hearing notice was sent to all Deschutes County residents that have participated in both the Planning Commission hearing and the first Board of County Commissioners public hearing. This notice was sent out 10 days prior to the hearing date of February 25, 2008. Additionally, notice of initial hearing before the Planning Commission was sent and published January 28, 2007 and notice to the Board's November 25, 2007 hearing was sent and published November 11, 2007. Attachments: 1. Amateur Radio Draft Ordinance 2008-007 and Exhibits 7 L- 0 c O Q. 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E E L m Co E Q LL a) a) r~ x rn (n (n 0 Q3•= a0ioo `j E (n Q)N W O F' -0 a) -0 U x a) 2) Co 'c~ ' c~ - M- a ial L ULQLLL -0 U)(nN L r taM O~ a) (nL U U O E.~ ca o o T n0 c (D 0n ( (D Q O EE(a -a 0(a0 M ( Z ~QLL p O 0 C ) 7 >,O Q 0 r ~ Q - 0 co a)a)o~ E -pr+- C am: Ccu0-(a O U (a •O co a)04 . a)r O U (cnof C N U O O (ra cl (nN M-. O ~ . N a d > ~ O = > d C (a C s~. d te ~ a JQ E UU UQ ( a *0 W U ) co April 8, 2008 Board of County. Commissioners Community Development Department Deschutes County 117 N.W. Lafayette Bend, Oregon 97701 Dear Board Members, I am writing to you on behalf of myself and my wife as we live in Tumalo just down the street from where the Four Peaks Music Festival was held last year. The "Festival" is applying for a permit to hold this event again this year and we are adamantly opposed to allowing this event to occur. 1) This event is a total invasion of our privacy and our life style here in quiet little Tumalo. 2) The land that this event is being held on is Exclusive Farm Use property. I would like to know where in the statute is it written that "Outdoor Mass Gatherings" are permitted on exclusive farm use property, especially due to the fact this is a "for profit" commercial business event. 3) We are very concerned about the amount of traffic that will be on Tumalo Reservoir Road during this event as many bicycle riders will be on this road throughout the summer months and this event will definitely pose a threat to human life. 4) We are also concerned about the safety issue this event will present as an additional 30 acres of land will be used for camping for upwards of many hundreds of people. If there is any smoking, cooking or fires during the event, surrounding forested properties will be at risk for a potential fire. Will any personnel from the fire department be on site during the entire 2 day event? Will any personnel from the health department be on site to make sure there are no health threats for food consumed? 5) In addition, we are feel the noise level could be a disturbance to ourselves and our animals. We are also of the understanding that the permit applied for is from July 22"d thru July 30a'. This adds up to a grand total of 192 hours and according to LUBA (Land Use Board of Appeals) it stipulates in their headnotes on their website the following: "46. Outdoor Mass Gatherings. Local government decisions authorizing the large outdoor gatherings defined at ORS 433.763(1) that will last more than 120 hours are subject to local land use regulations and are land use decisions subject to LUBA review. Landsem Farms v. Marion County, 44 Or LUBA 611 (2003)." This clearly indicates that the "Festival" would have to amend their request for a permit to limit them to 5 days or one would assume they could not be issued a permit. In addition, several neighbors were told last year by the people putting on the event that last year was the one and only time that Four Peaks Musical Festival was going to operate at 19449 Tumalo Reservoir Road. We are now very concerned that this event will be ongoing well into the future at the above location. As an alternate proposal, we would like to suggest that Deschutes County offer an alternative site to more adequately address the above issues. By recommending a different site for the "Festival", the county will not only save face with the residents of Tumalo but will also generate more revenue for the people of the county by having the "Festival" at a more appropriate location. My wife and I appreciate the time and attention you will be giving to this very important matter. Sincerely yours, Rick and Janice Silver APR-02-2002 02:01 AM R OLI / M COSTELLO S41 323 2146 P.01 Page 1 of 1 April 8, 2008 Kristen Maze Re: Four Peaks Music Festival, Outdoor Mass Gathering Permit I live in the Tumalo area and am adamantly opposed to the l=our Peaks Music Festival "Mass Public Gathering" permit being approved. I, like most people who live In this area, chose this area for the express purpose of avoiding large public gatherings, noise and heavy traffic, all occasionally or commonly aspects of a more urban life style. We seek a pastoral life style where roads are frequented by walkers and bicyclists, pastures are home to livestock and lights go out early. I would have been pro-active last year except I did not hear about the Festival until the permit had been approved. Central Oregon has several sites that have been expressly developed to house events such as the Four Peaks Music Festival: Deschutes County Expo Center, Sisters Rodeo Grounds, Les Schwab Amphitheater, Crook County Fair Grounds and perhaps others. The Four Peaks organizers have made it abundantly clear that their intent is to grow this event to international proportions. The fact that they do not want to pay to rent the available facilities should not foist burdens on their neighbors. An alarming precedent is being set when one can by-pass all the conditions of an EF'U zoned neighborhood to meet the interests of one land owner. It appears the commissioners are missing a viable economic asset to the county coiffers by by-passing the county owned event center that was expressly built and paid for by the tax payers of Deschutes County to house just .such large events. As a tax payer, I encourage the commissioners to look at this perspective. The gait proceeds at minimum, given the information available, for 3000 attendees at the current "super early bird" rate of $64.50 per person are close to $200,000. Given the $98.50 ticket price on the day of the event brings proceeds much higher. In addition the $790 county permit fee (for a Mass Public Gathering) will hardly cover Deschutes County planning staff time, Deschutes County public health and police services and emergency/fire staff time that are required for this event all or much of which would not be part of the burden to tax payers given the use of a. different site. It is my sincere hope that the county commissioners will consider the dire impact that the Influx of 3,000 people have on a quiet, rural life style as well as economic considerations outlined above when making their decision regarding this application. Thank you, Rite Olin Tumalo DRAFT DESCHUTES COUNTY COMMUNITY DEVELOPMENT DEPARTMENT WORK PLAN 2008 - 2009 The Community Development Department mission is to facilitate orderly growth and development in the Deschutes County community through coordinated programs of Land Use Planning, Environmental Health, Building Safety, Code Enforcement, education, and service to the public. Coordinated Services and Administration Building Safety Environmental Health Planning DRAFT COORDINATED SERVICES AND ADMINISTRATION DIVISION The Community Development Department (CDD) Coordinated Services and Administration division is managed by Tom Anderson, Director. Operations within this division include satellite offices in Redmond and La Pine as well as the main office in Bend. The Administrative Supervisor for Coordinated Services oversees 10 Permit Technicians who serve customers, handle phone calls and process related paperwork in support of each division. In addition, CDD has a Management Analyst, Administrative Analyst, Administrative Supervisor, two Administrative Secretaries and a Secretary who provide support to all divisions. CUSTOMER SERVICE CDD customer service will continue to be the highest priority in FY 2008-09. Management will continually assess customer feedback to ensure that the "front counter" is run efficiently, wait times are minimized and comprehensive and accurate information is provided. CDD's goal is to improve the overall customer service rating by 1.0% and develop a means to obtain a greater number of customer survey responses. 2. Develop additional improvements to quality customer service, including analysis of determined methods to improve turn around times and decrease customer waiting times. Benchmark other jurisdictions for the best practices. This will include surveys of other jurisdictions and research of existing data. 3. Provide phone coverage Monday through Friday; returning all calls within 24 hours. 4. Continue implementing additional elements to CDD's scanned image database. In addition to scanning all new files received or generated on a daily basis, and historic Current Planning documents, the next major objective is Long Range Planning files, with particular emphasis on major subdivision/destination resort files. This will not only give staff instant access to historical files, but will potentially further reduce customer office visits by allowing Internet access to the files. The subdivision piece of this project will require a system to be developed that will link subdivided properties to the original parent property and will be one of the focuses of the Webmaster. The Long Range Planning files and other documents not related to specific parcels will require a means in which to categorize and properly identify the document. Modifications to the barcode coversheet for this purpose is currently under development and the Webmaster is working on the retrieval mechanism. 5. Enhance CDD's strategic technology plan to utilize new internet and other technology for improvements to CDD customer service and operational Community Development Department Page 2 of 27 Work Plan FY 2008-09 2/20/2008 1:21 PM DRAFT efficiency. Field communication will be of special interest to CDD in 2008-09. A field communication application that will allow "real-time" access to the main data for restaurant inspections was successfully piloted in 2007 for Licensed Facilities. Other field communication applications will be explored for Code Enforcement and building/septic inspectors in the future. E-Commerce will be another important aspect of this strategic plan. E-Commerce will focus on online permitting capability, planned for implementation in mid-summer. This will be followed by online payment capability for restaurant renewals by December 2008. 6. Maintain seamless customer service associated with administration of the City of Redmond building program. Although the City continues to work toward developing its own building program, it is important to continue to implement improvements to County service provision as they are identified. Ensure responsiveness to informational requests. The City of Redmond has a fully functioning inspection request phone system as well as a web application with the IVR system. 7. Evaluate the effectiveness of CDD's permitting system and the need to enhance, modify or terminate certain features within the system to meet current needs and expectations without adversely affecting the original data. CDD will begin researching other permitting systems for eventual migration to a different permitting system sometime within the next 5-8 years. A main focus will be the system currently being purchased by the State of Oregon Building Codes Division. CDD has committed staff to participate in a research and implementation statewide committee. 8. The Records Management Strategic Plan to minimize the volume of hard copy storage of CDD's records will continue to move forward. The major emphasis of the plan is to minimize hard copy storage while adhering to Oregon Administrative Rules record retention schedules. The plan contains both short and long term objectives. Approved scanning and/or microfilming methods for retaining documents and records will address constraints of limited space and the need to make information available and accessible to staff and customers. As we move forward with the plan and broaden the scope for the types of documents that will be scanned, additional program development or modifications are expected. Our objective is to have 75% of all boxes in the Clerk's Archive Facility scanned and microfilmed by the end of 2008. 9. Expand customer service by providing wireless Internet access in the lobbies and conference rooms at all CDD office locations. PERSONNEL AND ADMINISTRATION Provide ongoing support to the Building, Environmental Health, and Planning Divisions in the achievement of their work plan objectives. 2. Improve team building and internal CDD communication and training opportunities. Document bimonthly focused training sessions and distribute to Community Development Department Page 3 of 27 Work Plan FY 2008-09 2/20/2008 1:21 PM DRAFT appropriate staff. Provide more ongoing training opportunities to the Permit Technicians and provide customer service coaching. 3. Implement basic cross training classes for enhanced mutual coordination of CDD divisions among staff (i.e. train inspectors to better understand land use parameters; planners to better understand the building code, etc.). This effort should make the services of CDD seamless from the customer's perspective and help ensure that the customer is receiving the most complete information possible. 4. In addition to ongoing facility inspections and accident investigations, the primary objective of the CDD Safety Committee will be to fully implement the components of the finalized Emergency Action Plan. The goal for 2008-09 is to implement "Prevention of Violence in the Workplace" County Policy HR-9. The Committee will continue to work with Risk Management and other Departments as appropriate to insure the safety of staff and customers. The Committee is committed to maintaining CDD's exemplary safety record while complying with all applicable Occupational Safety and Health Administration (OSHA) regulations. 5. CDD will continually evaluate space at the Bend and satellite facilities to best accommodate the changing needs of staff and business operations, at the lowest cost and with the least amount of disruption. CODE ENFORCEMENT The Code Enforcement program consists of two Code Enforcement Technicians working in coordination with law enforcement personnel from the Sheriff's Department, supported by CDD management and the CDD operating divisions. Code Enforcement is responsible for investigating code violation complaints associated with the building, land use, environmental health and solid waste codes, with the overriding goal of achieving voluntary compliance. Continue to implement a monthly statistical reporting system. Through frequent statistical analysis, areas which require improvement will be identified and appropriate steps will be taken to correct problems. The objective is to maximize program efficiency by reducing the length of time cases remain open. 2. Survey other code enforcement jurisdictions and incorporate innovative practices where appropriate. Efforts will include additional involvement with the State level Oregon Code Enforcement Association (OCEA) as well as the OCEA Central Oregon Chapter, including conference participation and networking. 3. Continue thorough review of the Code Enforcement Procedures Manual, including input from the Board of Commissioners, and update those sections to reflect current practices, delete those no longer appropriate, and add provisions for updated objectives. 4. Investigate a proactive means of identifying potential code violations, including follow-up investigation on conditional use approvals and confirmation of Community Development Department Page 4 of 27 Work Plan FY 2008-09 2/20/2008 1:21 PM DRAFT compliant use of structures granted agricultural exemption. Specific emphasis will also continue on verification of replaced dwelling and medical hardship dwelling removed. 5. Continue to work with the Legal Department on innovative methods of resolving the most serious and difficult code enforcement cases, including injunctions, daily fines and foreclosures. 6. Continue to establish a relationship between CDD Code Enforcement and rural subdivision homeowners associations. Code Enforcement Technicians will make themselves available to speak at stakeholder meetings to share Deschutes County Code Enforcement information and operating procedures. 7. Investigate, develop, and maintain an information packet for vehicle nuisance violations. Procedures and information derived will facilitate case resolution by establishing reasonable removal time frames and documentation of market fluctuations. 8. Propose modifications to the solid waste code to clarify the ability to fence or otherwise screen solid waste as a means to resolve a violation. GEOGRAPHIC INFORMATION SYSTEMS (GIS) In addition to supporting the mapping and geographical analysis needs of each of the operating divisions in CDD, this program's GIS Analyst/Programmer and GIS Analyst are responsible for the development and maintenance of the County's digital spatial database and for providing state-of-the-art mapping and data services to local governments, citizens, and businesses. In addition, GIS supports CDD's customer service applications. Finally the CDD Webmaster performs significant Web site upgrades and enhancements to improve customer communication and internal efficiency. GIS PROJECTS Continue to educate CDD staff on the use of GIS data and products in their work objectives, and identify areas where current or modified GIS capabilities may assist those objectives, including enhanced linkages between the GIS and permit systems. Areas of particular emphasis include: ■ Digitizing Certificates of Satisfactory Completion for Environmental Health ■ Creating Depth to Groundwater Atlas/Maps for Environmental Health ■ Updating the Zoning Atlas for Planning Division/Public Use ■ Digitizing areas covered by Conservation Agreements for Planning and add as a layer in the LAVA application ■ Providing LAVA 5.0 Training and assistance for CDD employees and outside groups as requested ■ Creating GIS Application for Inspection Routing ■ Maintaining and enhancing GIS Metadata on demand Community Development Department Page 5 of 27 Work Plan FY 2008-09 2/20/2008 1:21 PM DRAFT 2. Work with Information Technology staff to help design and implement the Data Warehouse and Land Information System for improved access to countywide databases. 3. Provide technical support for personal computers, printers, projectors and computer systems. 4. Provide technical support, including mapping and analysis to the cities of Bend, La Pine, and Sisters for future Urban Growth Boundary (UGB)/Urban Reserve Area (URA) expansions. 5. Convert remaining GIS data/applications from existing GIS formats (coverage/shape files) to ArcGIS Geodatabase format. 6. Convert all existing GIS Map Documents and Project Files for compatibility with new Information Technology SDE GIS Service. 7. Update and enhance the Land Use Tracking System (LUTS) by incorporating and updating the spatial databases contained within LUTS. 8. Incorporate the 2007 U.S. Fish and Wildlife Service (USFWS) National Wetland Inventory (NWI) digital GIS data with CDD's existing NWI data. Update LUTS with new tabular wetland look-up table for advanced notification of probable properties that contain wetlands or portions thereof. 9. Assist Long Range Planning with mapping and database support for the Destination Resort Remapping Project. Help determine where remapping of the Destination Resort Combining Zone should occur and identify specific areas within the county that meet or exceed the applicable criteria for remapping. 10. Continue to provide GIS support of the South County Groundwater Protection Project. Compile data/reports/technical analysis for Environmental Health/United States Geographic Survey (USGS) Optimization Modeling and potential load reduction scenarios. 11. Work with the Planning Director to integrate the County's land use GIS databases into the County Code by adopting an ordinance which will adopt one set of data for all internal/external County Information Systems; including, but not limited to GIS, Land Use Tracking System (LUTS), Local Area Virtual Atlas (LAVA), and Deschutes Information Access Line (DIAL). 12. Coordinate Historical Map Collection project. Determine which maps should be included in digital map collection and ensure map naming convention. Prepare maps for access through CDD's document retrieval system. 13. Create spatial GIS data from CDD's existing tabular permit databases. 14. Update the Landscape Management Combining Zone. Create new GIS dataset based on newly mapped (cogo'd) parcels, road rights-of-way and rivers. Update LUTS with tabular database when new spatial data is complete. Community Development Department Page 6 of 27 Work Plan FY 2008-09 2/20/2008 1:21 PM DRAFT 15. Work with the Transportation Planner, ODOT and TPAU in an effort to complete the update of Deschutes County's Transportation System Plan. 16. Create pre-printed series of maps that will be provided in PDF on CDD's Web site. WEB PROJECTS Online Ecommerce Permit Application. Develop online ecommerce application to process simple building permit and septic applications, such as septic renewal, septic replacement, electric, plumbing and mechanical permits. Collect online payment using a credit card processor. Use current Flex web programming software technology for development and secure sockets layer (SSL) certificate for security. 2. Online Ecommerce Restaurant Licensing Renewal Application. Develop online ecommerce site to collect payments over the web for restaurant licensing renewal. 3. Online Exclusive Farm Use (EFU) Research Mapping Application. Upgrade existing desktop Exclusive Farm Use (EFU) application to an online version using Flex web programming software and ArcIMS mapping development software. Maintain same functionality to analyze Exclusive Farm Use (EFU) data and generate maps and reports for Exclusive Farm Use (EFU) research. 4. Online Restaurant Evaluation Report Application. Develop an online reporting application to provide restaurant inspection results to the public, similar to Marion County's application. 5. Online Ecommerce Food Handler Test Application. Upgrade the current public access food handler application to an online ecommerce food handler certification test / payment system, which the public can access over the internet. This application would be developed with the current Flex web programming technology. 6. Community Development Department Document Retrieval Application Records / Searches. Develop search capabilities for Subdivision documents which will need to be scanned into our system. Also, provide links to the survey image retrieval application. In conjunction with Information Technology staff, develop well-organized counter web applications for each division: planners, permit techs, plan review, building inspectors and environmental health inspectors to retrieve information and maps pertaining to the groups needs. Place all information in one location instead of having to retrieve it from many sources. Develop and implement better, more user-friendly web tools for the Community Development Department staff. 7. Public Access Application Upgrade. Upgrade public access terminal applications to use current technology and be more user-friendly. Provide additional information, which may incorporate functionality of the one-stop shop applications, but focus on the customer instead of staff. Community Development Department Page 7 of 27 Work Plan FY 2008-09 2/20/2008 1:21 PM DRAFT 8. Electronic Plan Review Application. Develop application to process building plans online. Developers would submit building plans in digital format online, either by email, or by compact disc (CD). Will need to integrate into current business processes. 9. Mobile Applications. Develop mobile building inspection application to gain access to data and reports for use by the inspectors in the field. Develop mobile license facility inspection application for use outside of wireless area. 10. Update and Reorganize Structured Query Language (SQL) Server Tables. Work with Information Technology and Geographic Information System (GIS) staff to update and reorganize our Community Development Department Structured Query Language (SQL) Server tables. Make available for use in the Data Warehouse. 11. Online Community Development Statistics Dashboard Application. Automate statistics report Community Development Department generates monthly in a Flex dashboard format. This application would include dynamic charts and reports. Community Development Department Structured Query Language (SQL) Server database needs to be updated and reorganized first. 12. Land Use History Documents Application. Automate application to retrieve land use history maps and documents scanned by the Clerk's office. 13. Internet Usage Reports. Monitor data collected from internet usage reports to determine which areas of the Community Development Department web site should receive the most focus for future enhancement. Community Development Department Page 8 of 27 Work Plan FY 2008-09 2/20/2008 1:21 PM DRAFT BUILDING SAFETY DIVISION The Building Official, Dennis Perkins, 2 Assistant Building Officials, 19 Building Safety Inspectors, and support staff provide construction plan review, consultation and inspection to assure compliance with national and State building specialty codes. Deschutes County's Building Safety Division interprets and enforces the state mandated Building Codes for the people of the community through a process of education and a clear and fair application of the Specialty Codes. The Division provides all of these services to the City of Redmond through a contract and provides various services to Lake, Jefferson and Crook Counties and the State of Oregon Building Codes Division on an "as needed" basis. Continue to maintain 10-day maximum turn around time for all plan reviews. 2. Continue to maintain 24-hour inspection turn around time. 3. Utilize innovations in technology to support the Building Safety Division administration and personnel. ■ Ensure the Interactive Voice Response (IVR) system is being utilized to its capacity ■ Expand the use of the IVR system when needed ■ Implement electronic plan review 4. Create the ability to use e-permitting. ■ Allow customers to obtain certain specific permits via the Internet ■ Study the ability to accept plans via the Internet ■ Participate in the State e-permitting program 5. Evaluate building permit fee methodology. ■ Ensure that building permit fees are directly related to the cost associated with them. ■ Study other ways of calculating building permit fees 6. Continue to participate with the State Building Codes Division in setting up a regional office. ■ Meet with the locally assigned Building Codes Division representative regularly 7. Continue meetings and communication with the Central Oregon Builders Association (COBA) ■ Continue monthly meetings ■ Attend COBA meetings as requested Community Development Department Page 9 of 27 Work Plan FY 2008-09 2/20/2008 1:21 PM DRAFT 8. Continue to ensure that all three regional offices stay operational. ■ Staff Adequately ■ Support as needed 9. Meet regularly with the other Building Safety Officials in Central Oregon through the International Code Conference Central Oregon Chapter (ICCCOC) to provide: ■ Code Interpretation ■ Arrange educational opportunities 10. Continue to maintain services as outlined in all Intergovernmental Agreements (IGA) currently in effect with the State of Oregon, Lake, Jefferson and Crook Counties and the City of Redmond. Community Development Department Page 10 of 27 Work Plan FY 2008-09 2/20/2008 1:21 PM DRAFT ENVIRONMENTAL HEALTH DIVISION Provide and promote protection of Public Health and the Environment through education, consultation, and regulation. The Environmental Health Division (EH) provides plan review, consultation and inspection of regulated public facilities (restaurants, pools, tourist facilities, schools and day care centers) and on-site wastewater and dispersal systems. The Division also regulates public water systems to provide safe drinking water and works with the County Health Department on a variety of epidemiology issues. ADMINISTRATION GOAL: Maintain a healthy work environment, which promotes an atmosphere of collaboration, education, and high morale among the Environmental Health staff. Objectives: Cross train staff to provide back-up in pool and spa, water system, facility licensing, and plan review programs. 2. Continue to learn and fine tune the processes required for licensing and tracking all EH functions through our data bases. 3. Develop code enforcement procedures for the newly deputized sanitarians. 4. Continue to update the Web site to provide useful information to the public about EH programs. ON-SITE WASTEWATER TREATMENT Goal: To provide homeowners who are served by On-Site Wastewater Treatment systems with an Operation and Maintenance (O&M) oversight program that is practical and effective. Operation and Maintenance tracking and reporting is mandatory as per OAR 340-71 for Alternative Treatment Technology (ATT), which the County is contracted to regulate. Objectives: Fine tune data base and office processes to efficiently track O&M activities. 2. Develop a plan for follow-up of time of sale transfers and non-compliant systems as required by OAR 71 Community Development Department Page 11 of 27 Work Plan FY 2008-09 2/20/2008 1:21 PM DRAFT 3. Provide fee incentives for homeowners whose systems receive the proper O&M. Goal: Maintain a service turn around average of 10 calendar days for issuance of approximately 1,800 annual permits; 30 calendar days for approximately 500 annual site evaluations; and 2 days for the 2,400 annual field inspections. Objectives: 1. Become more efficient in our permit review and standardize inspection processes. 2. Develop checklists so front counter technicians can help ensure a more efficient operation. Goal: To better communicate with the Department of Environmental Quality (DEQ). Objectives: 1. Amend contract and/or a memorandum of understanding with the DEQ to agree on a process to come to a resolution on several issues. 2. Work with other County on-site administrators to discuss common problems in administrating the On-site program. Goal: To communicate better with our customers Objectives: 1. Design an "easier to read" permit format, which will include standardized inspection procedures. 2. Design an application questionnaire to better understand what the applicant is proposing. 3. Print and mail two newsletters to the installers. 4. Clarify easement procedures by creating an information sheet. 5. Create an information sheet concerning Recreational Vehicle (RV) waste. 6. Research ways to provide treatment and disposal of low volumes of animal enclosure waste and water softener waste, which are not now regulated. Goal: Communicate better with each other. Objectives: 1. Provide two sets of South County water table maps for staff reference. 2. Create a complete book of all Alternative Treatment Technology information. Community Development Department Page 12 of 27 Work Plan FY 2008-09 2/20/2008 1:21 PM DRAFT 3. Create a collection of approved product and application information for the Sanitarians quick reference. GROUNDWATER PROTECTION PROGRAM FOR SOUTH DESCHUTES COUNTY Goal: Apply the tools, experience, and information gained from the La Pine National Demonstration Project and the County Regional Problem Solving Project to identify and implement solutions to protect and improve the quality of the sole source of drinking water in South Deschutes County. The grant has expired but contingent on adoption of the Local Rule the following objectives remain. Objectives: 1. Contingent upon adoption and implementation of the Local Rule provide homeowners and installers with updated information about de-nitrifying technologies. 2. Contingent upon adoption and implementation of the Local Rule assist homeowners by individually evaluating lots for the purpose of determining components needed to meet the upgrade requirement of the local ordinance. 3. Contingent upon adoption and implementation of the Local Rule evaluate newly approved technology for de-nitrifying capabilities. 4. Assist planning with "High Groundwater Lot Work Plan" as provided in planning's work plan. Implement distribution of the Partnership funds created by the Pollution Reduction Credits as directed by the BOCC FOOD SERVICE FACILITIES Goal: To provide operators of food service facilities with the education and tools to protect the public from foodborne illness. Objectives: 1. Educate staff on identifying risk in food handling practices commonly found in food establishments. 2. Allow for one Environmental Health Specialist per year to train and be certified as a Standardized Inspection Officer by the Department of Human Services (DHS) to ensure greater consistency in licensed facility inspections. 3. Design and implement a Web page for access to food inspection reports. 4. Implement on-line food handler training. Community Development Department Page 13 of 27 Work Plan FY 2008-09 2/20/2008 1:21 PM DRAFT 5. Perform either self-assessment or baseline survey for the Food and Drug Administration's (FDA) Voluntary National Food Regulatory Standards Program. 6. Send a newsletter to licensed restaurant and mobile food unit owners annually. 7. Perform 100% of required inspections on all licensed food service establishments. 8. Implement the survey Toodborne Illness Risk Factors and Public Health Interventions" into each semi-annual restaurant inspection. 9. Improve efficiency and tracking ability of newly built inspection system. POOLS AND SPAS Goal: Provide oversight and education to all public pools and spas operators and to protect the public from water-borne disease. Objectives: 1. Provide clear and detailed handouts to help educate pool and spa operators on troublesome issues regarding pool and spa maintenance. 2. Create an educational approach to routine inspections. 3. Provide EH staff with opportunities to: ■ Gain pool and spa inspection experience ■ Add to the diversity of understanding of pool management and chemical handling through continuing education ■ Learn effective communication methods targeting pool and spa operators 4. Provide educational material to pool operators about changes to the wading pool rules. Investigate the effectiveness of a County ordinance to regulate continuing non-compliers. 5. Ensure Deschutes County representation to any State committee formed to discuss rental housing pool and spa facilities. Community Development Department Page 14 of 27 Work Plan FY 2008-09 2/20/2008 1:21 PM DRAFT DRINKING WATER Goal: Assure all citizens of Deschutes County safe drinking water by implementing and enforcing drinking water standards through efficient technical and regulatory assistance of the 175 public water systems. Objectives: 1. Maintain current level of customer service for public health and drinking water inquiries. 2. Continue to keep the number of Significant Non Complier (SNC) systems to an absolute minimum. 3. Add 47 additional small public water systems to the inventory per the 2008 State contract amendment. 4. Increase sanitary survey rate of 41 per year to keep up with the required increased inspection frequency and the added water systems. 5. Earn 90% or more of Drinking Water State Revolving Fund allocation. 6. Ensure the public receives safe water during temporary events. 7. Train additional staff in the water program. 8. Consult, receive, and review the remaining Emergency Response Plans not yet submitted by 21 water systems. HEALTH DEPARTMENT Goal: To aide the Deschutes County Health Department (DCHD) in their mission to provide public health services to the community. Objectives: 1. Maintain the high level of communication with the DCHD by continuing to attend meetings with them to discuss public health needs and how the Division and DCHD can work together to meet those needs. 2. Assist the DCHD in foodborne illness investigations. 3. Help DCHD and County disaster preparedness teams by becoming a part of the emergency response plans. Community Development Department Page 15 of 27 Work Plan FY 2008-09 2/20/2008 1:21 PM DRAFT PLANNING DIVISION PROVIDING COURTEOUS, TIMELY, AND PROFESSIONAL LAND USE PLANNING SERVICES THROUGH INNOVATIVE, COST-EFFECTIVE, AND COMMUNITY-BASED SOLUTIONS. The Planning Division consists of 17 employees, including an Administrative Secretary under the supervision of the Planning Director, Catherine Morrow. Current Planning is managed by Kevin Harrison, Principal Planner and includes 3 Senior Planners, 4 Associate Planners, and 3 Assistant Planners. Current Planning handles individual land use applications, zoning review and sign-off for building and septic permits and information to the public on all land use related issues. It is also responsible for all addressing and road naming in the rural County. Long Range Planning includes a Principal Planner, 2 Senior Planners, and an Associate Planner. Long Range Planning conducts public involvement to consider land use policy, updates the County Comprehensive Plan and zoning regulations and coordinates with the cities and agencies on planning projects. CUSTOMER SERVICE FOR CURRENT PLANNING PROCESSING CURRENT PLANNING APPLICATIONS Meet 150-day time limits for processing all current planning applications. 2. Issue all administrative decisions for land use actions that require prior notice within 45 days of determination of complete application. 3. Issue all administrative decisions for development actions (sign permits, lot-line adjustments etc.) and land use actions that do not require prior notice (non- visible landscape management and abbreviated Surface Mining Impact Area site plans) within 21 days of determination of complete application (Note: Approximately 1,000 applications are expected in the next fiscal year). 4. Process applicant initiated code amendments to change land use regulations to fix problems, clarify regulations and allow new uses. This averages about 8-10 amendments each year. 5. Process land use applications for the City of La Pine under an Intergovernmental Agreement. Community Development Department Page 16 of 27 Work Plan FY 2008-09 2/20/2008 1:21 PM DRAFT PUBLIC CONTACT ■ Counter duty, phone duty, and appointments. Counter planner available 8 a.m. to 5 p.m., Monday through Friday, except Wednesday (9 a.m. to 5 p.m.). Provide for customer appointments with individual planners as needed. (Note: We expect about 4,500 Planning customers next fiscal year.) Provide phone coverage Monday through Friday; return all calls within 24 hours. MONITORING CONDITIONS OF APPROVAL AND ASSISTING CODE ENFORCEMENT ■ Work with Code Enforcement to respond to code complaints and to monitor conditions of approval for land use permits. ADMINISTRATION 1. Continue cost accounting system for current planning section and analyze data from that system. Information will be used to review fees and to quantify work tasks not directly tied to land use permits. 2. Increase opportunities for customers to access information through use of technology. Areas to explore are: ■ Design and function of the CDD web site ■ Readability of information ■ Monitor "hits" on the CDD web site to determine most popular sites • Develop a standardized pre-application process MEASURE 37/MEASURE 49 ■ Work with the County legal department to process measure 37 claims, and participate in Measure 49 appications as required by the State. LONG RANGE PLANNING MAJOR PROJECTS SOUTH COUNTY REGIONAL PROBLEM SOLVING IMPLEMENTATION 1. RED LOT (HIGH GROUNDWATER) WORK PROGRAM Contingent upon adoption of the Groundwater Protection Program Local Rule, convene local, state, and federal stakeholders to develop a multi-tiered red lot work program. Work program would include: ■ Running the Nitrate Loading Management Model to understand the Community Development Department Page 17 of 27 Work Plan FY 2008-09 2/20/2008 1:21 PM DRAFT implications of developing red lots in relation to groundwater quality. A steering committee, representing diverse civic, local, state and federal organizations will develop a public involvement program, enabling south county residents to discuss the issues related to development of high groundwater lots using onsite wastewater treatment systems or sewer facilities. A public involvement program to assure South County residents have ample opportunities to discuss the implications of red lot development. South county residents, with the steering committee's participation, will discuss the trade-offs associated with additional nitrogen loading to the aquifer and development impacts to wetlands, flood plain, wildlife habitat, transportation systems, and the wildland-urban interface ■ Analysis of effect on retrofitting costs to current land owners. ■ Evaluating implications of red lot development as it pertains to other elements of the County's Comprehensive Plan, including Goal 5 Resources (wildlife habitat, wetlands, and riparian habitat), transportation, wildland urban interface, wildfire hazard. ■ Identification of funding mechanisms to pay for strategies to assure the groundwater quality does not exceed safe drinking water standards. ■ Prepare a report to the Planning Commission and Board of County Commissioners discussing the public's recommendations and draft policies for County Comprehensive Plan. Draft policies will then be carried forward as a subset of Deschutes County's separate work program to update its Comprehensive Plan. It is anticipated that new policies would embody the role of high groundwater lots and identify appropriate implementation measures. ■ Coordination with the Upper Deschutes Watershed Council, Deschutes Basin Land Trust, Deschutes River Conservancy and County Property Management on management options for County owned land adjacent to Deschutes and Little Deschutes Rivers in the South County. ■ Compile a list of conservation easements for GIS. staff to map and ensure that all are part of the scanned property records. 2. WETLAND GRANTS ■ Explore state and federal grant opportunities to help offset the cost of developing a Local Wetland Inventory for the South County. ■ Develop a work program to identify the specific area targeted for a Local Wetland Inventory. Community Development Department Page 18 of 27 Work Plan FY 2008-09 2/20/2008 1:21 PM DRAFT 3. WETLAND MANAGEMENT/WILDLAND FUEL TREATMENT Coordinate with the County Forester, Oregon Department of Fish and Wildlife, Oregon Department of State Lands, Oregon Department of Forestry, Oregon State Parks and Recreation Department, and environmental non-government organizations to discuss wildland urban interface issues near wetland and riparian areas. Many areas of the unincorporated county have community wildfire protection plans or state legislation (Senate Bill 360) that give homeowners a framework for minimizing their wildfire risk in wildland urban interface areas. • Resolve conflicts between County conditional use requirements in wetland and riparian areas and goal of fuel reduction to prevent wildfire risk. Develop riparian/wetland treatment techniques so they jointly address the fuel load and riparian restoration/enhancement. ■ Propose amendments to County Comprehensive Plan and Deschutes County Code Title 18 to implement agreements. 4. LA PINE NEIGHBORHOOD PLANNING AREA ■ Work with the Oregon Department of Housing and Community Development (OHCD) to develop a plan for affordable housing and other compatible uses on the County owned community facility zoned property. OHCD will develop a request for proposals and/or solicitation of a master developer. Work with the Bend/La Pine School District to adopt an agreement regarding a proposed school site. COMPREHENSIVE PLAN UPDATE Complete the reorganization of the existing Comprehensive Plan in order to make it easier to use and understand as a written and web based document. The update will provide a consistent style and format but will not change any goals or policies. 2. Work with the Board of County Commissioners (Board), the Planning Commission and the public to craft and implement a work program to write a new Comprehensive Plan. The existing Comprehensive Plan was written in 1979 and has been updated in a piecemeal fashion since that time. The three main areas needing attention are: ■ Working with the public to determine their vision for future development and conservation ■ Obtaining updated data to establish existing conditions. Examining the existing goals and policies to determine if they are taking us where we want to go Community Development Department Page 19 of 27 Work Plan FY 2008-09 2/20/2008 1:21 PM DRAFT 3. A new plan will provide a blueprint for the future, incorporating not only the changes that have already occurred in the County, but also coordinating with the changes from Measure 49 and the State Task Force on Land Use. A new plan will incorporate other planning efforts, such as the Transportation System Plan (TSP) update or the Bend Urban Growth Boundary work. This would be a multi- year project and could start with the following elements: ■ Analyze staffing and consulting needs - May include working with the Trust for Public Lands for a vision, if park districts and Cities will contribute. ■ Investigate possible funding options ■ Work with the Board to create a public committee to oversee the process (possibly the Planning Commission) ■ Work with the Board to create a work plan that includes staffing, financing and a timeline ■ Identify the major work plan tasks, such as the public input process, needed technical research and formatting/writing of the new or revised comprehensive plan ■ Work with the public committee to create an effective public input process ■ The initial steps could be completed in the first fiscal year and would determine the extent of the future work. DESTINATION RESORT REMAPPING 1. Identify a range of options for a remapping process to be adopted into code. Identify existing conditions. Identify destination resort policy issues. 2. Present options and issues to an informal stakeholder working group for feed back before identifying preferred options to present to Planning Commission and Board of County Commissioners. 3. With Board of County Commissioner's direction prepare draft comprehensive plan policies and a code for remapping process. Policy and code amendments could be taken to public hearing or included as part of the Comprehensive Plan Update. Community Development Department Page 20 of 27 Work Plan FY 2008-09 2/20/2008 1:21 PM DRAFT TRANSPORTATION Provide comments and expertise to current planning staff. 2. Participate in the annual County Capital Improvement Plan (CIP) process 3. Develop project scope and development/adoption process and schedule for an update of the 1998 County Transportation System Plan (TSP). Update will be funded in-house or positioned to be at least partially funded from a 2007 State Transportation and Growth Management (TGM) grant. 4. Coordinate with the Road Department to explore alternative funding sources for transportation improvements, including System Development Charges (SDC). Develop alternatives for the Board to consider. 5. Work with Road Department on planning for 19th Street extension. Amend the TSP to add the extension from the Redmond Urban Growth Boundary (UGB) to the Deschutes Market interchange. 6. Continue work with the County Bicycle and Pedestrian Advisory Committee, including completion of the GIS-based regional bike guide. 7. Coordinate with local, state and federal agencies through the Deschutes County Bicycle and Pedestrian Advisory Committee to develop a regional trail plan. Upon completion of a trail plan, amend the Transportation System Plan (TSP) to include the routes. Also work with the Bicycle and Pedestrian Advisory Committee to develop an online trail guide. 8. Continue to pursue opportunities for grant funding for transportation projects. Prepare and administer grants as needed. 9. Coordinate with the City of Sisters on transportation planning issues as Sisters begins to update its TSP 10. Serve the following committees: ■ Bend Metropolitan Planning Organization Technical Advisory Committee JAC). ■ Central Oregon Area Commission on Transportation (COACT) TAC. ■ Highway 97/20 Project Technical Advisory Committee. ■ Central Oregon Rail Plan study group. ■ South Redmond Collaborative Group. Community Development Department Page 21 of 27 Work Plan FY 2008-09 2/20/2008 1:21 PM DRAFT CODE AMENDMENTS (LISTED IN ORDER FROM HIGH PRIORITY TO LOW PRIORITY) 1. Process applicant-initiated code amendments. 2. Adopt regulations for mini-storage units in Rural Commercial Zone. (Pending Board approval) 3. Amend the County Code to allow the use of Recreational Vehicles as medical hardship dwellings. 4. Make GIS data the official map for zoning and the Comprehensive Plan. 5. Amend La Pine Neighborhood Planning Area Community Facility Zone to permit townhomes and make setbacks consistent with Residential Center zone. 6. Amend Deschutes County Code to provide authority and standards for lot line adjustments and flag lots. 7. Amend code to incorporate state legislative changes to allow legalization of illegally established parcels. 8. Begin a process to update the goals and policies for Terrebonne. 9. Amend Comprehensive Plan to include coordinated population forecast for La Pine. 10. Change the Land Management (LM) zone sign ordinance to insure that signs in the LM zone are not identical to signs in urban commercial zones. 11. Add standards and criteria that require defensible space for wildfire protection. 12. Complete other code amendments as staff time permits. Staff maintains a list of proposed code amendments. PUBLIC INVOLVEMENT 1. Continue creating and updating CDD web sites that provide information on specific planning-related programs and opportunities for public participation. 2. Monitor State Task Force work on the review of the State planning program (the "Big Look"). Keep planning staff, the Planning Commission and the public informed and engaged. 3. Staff the Planning Commission - the designated public involvement committee ■ Recruitment and training of new commissioners as needed. ■ Coordination of schedule and packet preparation. ■ Complete the 2007 Community Involvement Report and submit it to the Community Development Department Page 22 of 27 Work Plan FY 2008-09 2/20/2008 1:21 PM DRAFT State Citizen Involvement Advisory Committee. • Provide opportunities for the Planning Commission to host land use related seminars. 4. Explore the potential for conducting polling and public surveys through County web page or media outlets such as TV, radio and print. COORDINATION WITH OTHER JURISDICTIONS AND AGENCIES BEND PROJECTS 1. Urban Growth Boundary Amendment ■ Collaborate with City to complete UGB amendments. ■ Execute new intergovernmental agreements for urban unincorporated area. ■ Amend County Comprehensive Plan and TSP as a result of Bend's UGB amendment. ■ Coordinate with the City of Bend and their consultants on master planning the city owned Juniper Ridge property. • Amend Deschutes County Code Title 19 so an urban holding zone is effective upon adoption of the UGB. 2. Urban Reserve Area (URA) • Upon local adoption of a UGB amendment, reinitiate a URA work program for the City of Bend. ■ Collaborate with city staff to complete URA public facility (water, sewer, transportation) analysis. ■ Provide open forums and public involvement opportunities. ■ Draft findings. Initiate legislative amendments to Comprehensive Plan Transportation System Plan and Title 18. ■ Execute new intergovernmental agreements with City of Bend and special districts affected by a URA. 3. Transportation/Land Use • Assist the City of Bend with Safe Routes to School (SR2S) efforts in the Bend-La Pine School District, and County schools (Tumalo Elementary). ■ Participate in Bend Metropolitan Planning Organization Technical Advisory Committee. 4. Demolition Land Fill Site. Coordinate with city to understand city planning goals for the site. Assist County Property Management in preparing a request for proposal for a refinement plan for the site. Assist Property management in obtaining city approval of the refinement plan or rezone. Community Development Department Page 23 of 27 Work Plan FY 2008-09 2/20/2008 1:21 PM DRAFT 5. Work with the Bend Metro Park and Recreation District and the City of Bend to implement the Vision Bend 2030 Action Item for an open space park and natural area plan in the greater Bend region. 6. Bend Vision 2030 - Work as needed to coordinate as lead partner on two action items: Regional Trail Plan and Regional Trail Council. REDMOND PROJECTS 1. Urban Growth ■ Assist as requested by the Board of County Commissioners on planning for the County-owned property east of Redmond. ■ Coordinate with Division of State Lands in the planning of their site south of the UGB. 2. Transportation / Land Use ■ Participate in the South Redmond Area Collaborative Planning Group to address transportation and other issues in the Redmond Area, including Pronghorn secondary access. Coordinate with City of Redmond, Oregon Department of Transportation (ODOT), Oregon Department of Land Conservation and Development (DLCD), National Guard, Governor's Office and BLM. ■ Participate in Highway 97 Redmond to Deschutes Junction refinement plan (includes Quarry interchange). ■ Assist Redmond in addressing and street administration. SISTERS PROJECTS 1. Urban Growth ■ Coordinate with City as needed for any UGB amendments. ■ Process city initiated application for fire station/training facility. 2. Transportation / Land Use ■ Work with City of Sisters and ODOT on alternative routes (bypass). LA PINE PROJECTS 1. Work with the La Pine City Council to implement provisions in intergovernmental agreements regarding planning services for processing current planning applications in La Pine. 2. Coordinate with La Pine on Portland State University, Population Research Center's 2008 Housing Unit and Population Questionnaire. Community Development Department Page 24 of 27 Work Plan FY 2008-09 2/20/2008 1:21 PM DRAFT 3. Work with La Pine to prepare and amendment to the County Comprehensive Plan to establish a coordinated population forecast for city. 4. Coordinate with La Pine in their development of a comprehensive plan. MOT / BLM / USFS PROJECTS 1. Participate in ODOT funded refinement planning projects for Highway 97 and Highway 20. These projects may include planning for the Quarry Road interchanges and the Wickiup Junction interchange or bypass. 2. Coordinate road issues with BLM and USFS for urban interface plans. OTHER PROJECTS HISTORIC 1. Provide staff to the Historic Landmarks commission for any county related applications or policy issues. 2. Correct the Comprehensive Plan list of historic resources. 3. Complete amendment to Comprehensive Plan for HLA-05-04 Walker Ranch archeological and historic site. POPULATION 1. Portland State University, Population Research Center's 2008 Housing Unit and Population Questionnaire ■ Coordinate with Assessor's Office ■ Submit questionnaire to Portland State University in Fall 2008 2. US Census ■ Assist as requested the Information Technology Department regarding the Local Update of Census Addressing ■ Assist geographic information system staff regarding annual annexation updates in Deschutes County 3. Work with La Pine to develop a Coordinated Population forecast for La Pine and an amendment to the County coordinated forecast. Community Development Department Page 25 of 27 Work Plan FY 2008-09 2/20/2008 1:21 PM DRAFT ADMINISTRATIVE PROJECTS 1. Convert CDD Archive materials to electronic format and microfilm. 2. Establish a pre-application process for land-use applications. 3. Develop an educational handout for all land owners in wetlands or flood plain. Coordinate with FEMA and Division of State Lands. 4. Coordinate with the Environmental Health and Building and Safety Divisions for expediting zoning confirmation of building permits. 5. Establish a procedure and process for verifying and amending GIS zoning data. MISCELLANEOUS PROJECTS: 1. Continue to assist the public in the process of forming Restricted Firearm Districts. 2. Provide addresses as required by County Code. Work with Project Wildfire and local fire departments to change road names as needed. 3. Coordinate with Information Technology (IT) and the Assessor's Office to ensure reliability of situs addressing data layer. Review list (2,100) of unaddressed properties. 4. Administer programs, policies and procedures associated with the processing of Measure 37 and Measure 49 claims. 5. In coordination with County Legal Counsel and Property Management, identify County owned property suitable for auction. 6. Continue to monitor the effectiveness of the solar setback requirements to meet energy conservation goals. Other Committee Assignments: ■ Association of Oregon Planning Directors ■ Commute Options Working Group ■ Deschutes County Bicycle and Pedestrian Advisory Committee ■ Deschutes Mitigation and Enhancement Committee ■ Project Wildfire ■ Provisional Advisory Committee ■ Safety Committee ■ Planning representative on regional water planning discussions, headed by irrigation districts, Central Oregon Intergovernmental Council, Oregon Community Development Department Page 26 of 27 Work Plan FY 2008-09 2/20/2008 1:21 PM DRAFT Consensus, etc. Community Development Department Page 27 of 27 Work Plan FY 2008-09 2/20/2008 1:21 PM r d a a O ■ O O a W W Q E O v O O O N O O R 3 o3 8 O V w ~a Q U ~ o ° 0 N O G. T ±c U O a 1 L N Q. O t,. 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