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2011-3010-Minutes for Meeting September 07,2011 Recorded 9/20/2011COUNTY NANCYUBLANKENSHIP,P000NTY CLERKDS 1r~1 ~Q~~'3O~Q COMMISSIONERS' JOURNAL 09/20/2011 08:14:36 AM 111111111111111111111111111111 2011-3010 Do not remove this page from original document. Deschutes County Clerk Certificate 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, SEPTEMBER 7, 2011 Present were Commissioners Tammy Baney, Alan Unger and Anthony DeBone. Also present were Erik Kropp, Interim County Administrator; Tom Anderson, Nick Lelack, Peter Russell and Peter Gutowsky, Community Development; Laurie Craghead, County Counsel; Susan Ross, Property & Facilities; and six other citizens. Chair Baney opened the meeting at 1:30 p.m. 1. Work Session regarding Adopting the South County Local Wetland Inventory into the Comprehensive Plan. Peter Gutowsky reviewed the current local wetland inventory, which was approved by the State in July, replacing the national inventory. This will be used to alert property owners of the designation in the event they want to develop their property. It is the largest wetland inventory in the State, encompassing about 1,300 tax lots. However, this is about 500 less than the national inventory showed. Permission rates from property owners to allow the process to take place was very high. The consultants drafted the inventory last fall and there has been a lot of public involvement throughout. The new inventory is thought to be much more accurate. This uses a new wetland assessment methodology that is more comprehensive. The process would be to adopt the wetland inventory into the Comprehensive Plan, at which time the County could apply this to development. The information is much better than the previous plan. Minutes of Board of Commissioners' Work Session Wednesday, September 7, 2011 Page 1 of 7 Pages The Planning Commissioner and Board will be holding public hearings on this in the near future. Mr. Gutowsky will attend an Upper Deschutes Watershed Council meeting, and there will be up-to-date mapping so anyone asking about properties affected by this designation will be able to learn more. The Planning Commission did not have to make a recommendation, but did recommend Board approval. Chair Baney noted that this could have been a contentious process, but because of the way it has been handled, no negative feedback was received by the Board. There were community concerns, but this was done with a lot of thought to the process. Commissioner Unger asked if there are State Goals that regulate what happens with these lands. Mr. Gutowsky replied that the DSL has to be notified of any building permit or application since this is part of the State's wetland inventory. There is a legal framework on how wetlands are protected. He hopes the community will provide input on how they would like this to happen. The State regulates any removal or fill under the Clean Water Act. Commissioner DeBone asked if the process has changed much. Mr. Gutowsky replied that if a property owner suspects they have wetlands, the DSL would send a wetlands specialist to the property. If the property does not have wetlands, the County will be informed and will waive the conditional use permit. There are rules covering removal and fill, which may have to be mitigated to equal no net loss of wetlands. The inventory went from 3,900 to about 3,300. Chair Baney asked if any County-owned properties are involved. Mr. Gutowsky said that he has not analyzed this but will do so. Commissioner Unger asked what the difference is between high groundwater lots and wetlands. Mr. Gutowsky said the consultant looks for the type of vegetation and the soil, so a property with standing water on it may not officially be wetlands. The Board's hearing is scheduled for September 26. Minutes of Board of Commissioners' Work Session Wednesday, September 7, 2011 Page 2 of 7 Pages 2. Review of Event Venue Text Amendment. Nick Lelack gave an overview of the topic to date. He has been working on text amendments with the help of the Planning Commission. Some of the Planning Commissioners were supportive of the amendment as written, but others were not. Some supported private parks; others supported recent legislation regarding commercial venues on farmland, such as how wineries are used for events. There are four general text amendments for the Board to review. The question is, are events to be supported, mitigated, etc. and how to go about doing these things. The Planning Commission would like a joint meeting with the Board at some point to discuss these issues in detail. County Counsel feels there are problems with how this relates to the home occupancy ordinance. Commissioner DeBone asked what the four amendments are. Mr. Lelack said there are two under Section 18. Agri-tourism is a new use through Senate Bill 960. It would be put into Code as is. HB 3280 changed the wineries language. 18.16.044 begins to provide additional standards for private parks, SB 960 or even the wineries. One section deals with operational hours, notification period, whether sound application will be allowed, etc. Laurie Craghead said some uses are allowed outright, and others will be conditional. Mr. Lelack said that some text allows a new type 4 for home occupations. In the conditional use permit section, there are new standards for private parks. Chair Baney suggested that the Board finds it helpful to review see a matrix that lists current information plus changes, and the various options. Going through the changes page by page is a little more challenging, so another work session might be worthwhile. Minutes of Board of Commissioners' Work Session Wednesday, September 7, 2011 Page 3 of 7 Pages Commissioner Unger said if it makes it easier for everyone to understand, this would be appropriate. Chair Baney said sharing this information in a meeting with the Planning Commission might be the way to go. Commissioner Unger would like to learn their concerns as well. A date will be selected for this meeting. 3. Proposed County Comments on Draft Environmental Impact Statement for US 97 - Bend North Corridor Project. Peter Russell referred to an oversized map and discussed ODOT's draft environmental statement on north Highway 97 corridor alternatives. The main issue for the County is whether or which one of the proposals will work. The County prefers the first alternative, DS-1. The other issue is whether the EIS addresses County roads adequately, in particular Hunnell Road and Bowery Lane. Some areas will be adversely affected, and there is no way to avoid this. Some alternatives would prohibit access to some local areas. DS-1 is the full interchange. There would be a lot more use on Hunnell and Bowery, and those would have to be improved. The County has a road moratorium as well. Existing substandard County roads are not being considered in these proposals. DS-2 is a half-interchange near Deschutes Memorial Gardens. It does not allow local access, so would end up with a lot of non-directional travel. A statewide planning goal exception would be required, and ODOT should be the applicant. Chair Baney commented that there is an opportunity for the County and citizens to provide input. She wondered how far local government could go with this. Mr. Russell stated that this study and plan could tie up lands for years, especially if the State cannot get to the project for a long time. People want some kind of certainty as to what they will have to deal with. It will go into the TSP process at that point. Chair Baney asked about mobility standards. Mr. Russell said they have to go with what is in the adopted safety standards plan. Chair Baney asked for clarification on how Juniper Ridge might play into this, as it could have a big impact on the area. Minutes of Board of Commissioners' Work Session Wednesday, September 7, 2011 Page 4 of 7 Pages Commissioner Unger said the Board needs to make a recommendation to the steering team, of which he is a member, representing the Board. A letter should be sent asking for more time to make a recommendation. Commissioner DeBone noted that funding for this work could be many years out. Chair Baney said that the expressway designation makes a lot of sense for some areas, but the local area needs to function. The question was asked, why someone would try to enhance his or her business if access is going to be jeopardized. There needs to be connectivity. Chair Baney stated that phasing and utilization need to be addressed together, and this lends itself to a bigger conversation. Commissioner Unger said there is no easy solution, so they are doing the best they can. Some of the decisions may come out of discussions with COACT and the City of Bend. Commissioner DeBone said he would like to get their input. Nick Lelack said he would have a letter drafted with the Board's preferences and concerns, as it is due this week. 4. Update of Commissioners' Meetings and Schedules. None were discussed. 5. Other Items. Nick Lelack indicated that Susan Ross said that the City should be asked to include the County's Simpson Avenue (demo landfill) property in the buildable lands inventory, twenty-year plan. It would not be necessary to be concerned about infrastructure at this point. If the City does not include it in the inventory now, this land may not get included for a very long time. UNGER: Move that staff be directed to draft a letter for Board signature to ask the City of Bend to identify the County's Simpson Avenue property as developable in the Bend planning process. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Minutes of Board of Commissioners' Work Session Wednesday, September 7, 2011 Page 5 of 7 Pages Chair Baney said that she feels step increases for non-represented would be appropriate at this time, since there are no COLA's and the County's income supports this. Mr. Kropp said that about fifty people are affected who should get merit increases. Mr. Kropp said this should not be announced until after the union agreement is ratified, but that it would be retroactive to July 1. The Budget Committee should be made aware of this. DEBONE: Move approval of these recommendations. UNGER: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. At this time, the Board went into executive session as follows: 192.660(2)(d) - deliberations with persons designated to carry on labor negotiations Executive Session, under 192.660(2)(i) -to review and evaluate the job performance of officers, employees and staff After executive session, the Board took action. UNGER: Move to assert the performance of County Legal Counsel is satisfactory, per discussion during executive session. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Concerning defining County Administrator duties, Mr. Pilliod indicated that Washington County's information is the most comprehensive, but Mr. Pilliod is not sure this is necessary. He suggested the Board compare others with what the County has in place, and be cautious of removing certain clauses. If there is something that should be included, all possible ramifications should be considered to make sure it just adds clarity. Minutes of Board of Commissioners' Work Session Wednesday, September 7, 2011 Page 6 of 7 Pages A determination needs to be made as to whether something should be handled by the Administrator or if the Board should be the entity to do so. Decisions can be made much more quickly by an Administrator if necessary, but some things should be under the Board's purview. This is fundamental if there needs to be a structural change, and the Board has the authority to do this. This issue will be further reviewed at the September 14 work session. Being no further discussion, the meeting adjourned at 4: 35 p.m. DATED this ~ Day of Ap - 2011 for the Deschutes County Board of Commissioners. Tammy Baney, Ch Anthony DeBone, Vice Chair ATTEST: a&.'- 66S-tt~ Alan Unger, Commissioner Recording Secretary Minutes of Board of Commissioners' Work Session Wednesday, September 7, 2011 Page 7 of 7 Pages a W v v ~ ~ ~ S i N nn ll C M o0 t ~ 1 N ~ n C V J u b ~ ~ o i H ~ yN \h V d C ~ y -Y Q) z ° a Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.oriz WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., WEDNESDAY, SEPTEMBER 7, 2011 1. Work Session regarding Adopting the South County Local Wetland Inventory into the Comprehensive Plan - Peter Gutowsky 2. Review of Event Venue Text Amendment - Nick Lelack 3. Proposed County Comments on Draft Environmental Impact Statement for US 97 - Bend North Corridor Project - Peter Russell 4. Update of Commissioners' Meetings and Schedules 5. Other Items Executive Session, under 192.660(2)(i) - to review and evaluate the job performance of officers, employees and staff PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), litigation; ORS 192.660(2)(d), labor negotiations; or ORS 192.660(2) (b), personnel issues. Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. Ifyou have questions regarding a meeting, please call 388-6572. Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. gon John A. Kitzhaber, MD, Governor July 19, 2011 Tammy Baney, Chair Deschutes County Board of Commissioners 1300 NW Wall Street, Suite 200 Bend, OR 97701 Department of State Lands 775 Summer Street NE, Suite 100 Salem, OR 97301-1279 (503) 986-5200 FAX (503) 3784844 www.oregonstatelands.us State Land Board John A. Kitzhaber, MD Governor Kate Brown Re: Approval of the South Deschutes County Local Wetlands Inventory and Secretary of State Assessment Ted Wheeler State Treasurer Dear Ms. Baney: I am pleased to notify you that the Department of State Lands (DSL) has approved your Local Wetlands Inventory (LWI) and assessment. We appreciate your planning staff and the wetland consultant working with our staff to ensure that the inventory meets state LWI requirements (OAR 141-86-180 to 240) and the county's needs. The DSL-approved report and maps can be viewed and downloaded from our website at http://www.oreeonstatelands.us/DSL/WETLAND/Iwi disclaimer agreed.shtml?. The DSL- approved GIS datasets are available for download from the Department's ftp site at ftp://roglle.dsl.state.or.us/. Please contact DSL if you would like a paper copy of the approved- LWI. The final inventory- requirement -is -for the county to notify property-owners with wetlands or probable wetlands mapped on their property within 120 days of this approval. Please provide us with a copy of the landowner notification, indicating the date of notification when notification has been completed. Approval by DSL means that the LWI becomes part of the Statewide Wetlands Inventory. The LWI must now be used by the county instead of the National Wetlands Inventory for the Wetland Land Use Notification Process (ORS 227.350) for the portion of the County within the LWI study area. The LWI and functional assessment also form the foundation for wetland planning under Statewide Planning Goals 5 and/or 6, and the LWI must be adopted by the county - - - f- -e_-GoaL- -r-equirem ease nn _ o ~I is w 1 andszr3oafg - water quality resources are designated by the city, other wetlands may be coded to distinguish them from these Goal 5 or 6 wetlands, but must not be removed from the approved LWI maps. These wetlands are still subject to state and federal permit requirements. While considerable effort has been made to identify accurately most wetlands within the study area, DSL's approval does not guarantee that all regulated wetlands have been mapped. The mapped wetland boundaries are estimated boundaries, they have not been surveyed, and there are inherent limitations in mapping accuracy. DSL advises persons proposing land alteration on parcels containing mapped wetlands or probable wetlands first to contact DSL or to obtain a wetland boundary delineation by a qualified consultant and submit it to DSL for approval prior to the land alteration. It will be important to annotate your map (and associated database, if any) as new wetland delineations are completed and approved by DSL in order to keep your LWI updated. We will forward copies of the delineations, to the county planning department and recommend the DSL file number be noted on the affected tax lots. Future wetland delineation approvals will be provided to the planning department. We are pleased that Deschutes County has conducted a thorough wetlands inventory and has made wetland planning a high priority. We look forward to working with you and your staff as you continue on the Goal 6 wetland planning effort. Please feel free to contact Jevra Brown at (503)986-5297 with any questions you may have about the LWI or its use. Sincerely, 6 c Bill Ryan Assistant Directo Wetlands and Waterways Conservation Division ec: Merle Irvine, Chair, Deschutes County Planning Commission Peter Gutowsky, Principal Planner, Deschutes County CDD Karen Swirsky, Central Oregon Regional Representative, DLCD Sarah Hartung, ESA Adolfson Ryan Houston, Executive Director, Upper Deschutes Watershed Council Patty Snow, Land and Water Use Coordinator Wildlife Division, ODFW Nancy Doran, Assistant Hydropower Coordinator, ODFW Eric Nigg, Eastern Region Water Quality Manager, ODEQ Yvonne Vallette, EPA Tina Teed & Brian Wilson; Corps of Engineers Shauna Ginger, Ecosystem Services Biologist, USFWS, Portland Field Office Bill Kirchner, NWI Coordinator Region 1, Ecological Services, Portland Bethany Harrington, DSL SOUTH DESCHUTES COUNTY LOCAL WETLAND INVENTORY REPORT Prepared for Deschutes County Funded by: Oregon Watershed Enhancement Board Deschutes River Mitigation and Enhancement Program June 2011 ESAAdoifson A Paul Adamus Harper Houf Peterson Righellis Inc. South Deschutes County Local Wetland Inventory Report TABLE OF CONTENTS 1.0 INTRODUCTION .............................................................................................................1 1.1 OVERVIEW OF THE INVENTORY PROCESS ...............1 1.2 PUBLIC INVOLVEMENT ...............2 2.0 STU DY AREA AND LANDSCAPE SETTING .............................................................3 3.0 METHODS ..............4 3.1 PRELIMINARY MAPPING AND RESEARCH ...............4 3.2 REQUIRED INFORMATION SOURCES ...............4 3.3 WETLAND DETERMINATIONS ...............5 3.3.1 On-site Determinations ...............5 3.3.2 Of--site Determinations ...............5 3.4 FIELD MAPPING AND DATA COLLECTION ...............6 3.4.1 Wetlands ...............6 3.4.2 Probable Wetlands ...............8 3.4.3 Wetland/Upland Mosaics ...............8 3.4.4 Sample Plots ...............9 3.4.5 Guidance on How to Find Sample Plot Data and Other Information ...............9 3.5 OVERVIEW OF OREGON RAPID WETLAND ASSESSMENT PROTOCOL ...............9 3.5.1 ORWAP Methods .............11 4.0 RESULTS .........................................................................................................................12 4.1 WETLANDS ...........................................................................................................................12 4.2 DEEPWATER HABITAT ..........................................................................................................13 4.3 ARTIFICIALLY CREATED WETLANDS ....................................................................................13 4.4 SUMMARY OF PROBABLE WETLANDS (PWS) .......................................................................13 4.5 ORWAP RESULTS ................................................................................................................13 4.6 GOAL 6 WATER QUALITY RESOURCES .................................................................................16 5.0 LIMITATIONS ...............................................................................................................17 6.0 LITERATURE CITATIONS .........................................................................................18 ATTACHMENT 1 - SOUTH DESCHUTES COUNTY LOCAL WETLAND INVENTORY LIST OF APPENDICES Appendix A: Figures A-1 Figure 1 Vicinity Map Figures 2.1 to 2.7 National Wetland Inventory Maps Figures 3.1 to 3.7 Soils Maps Appendix B: Staff Qualifications .B-1 Appendix C: Wetland Determination Forms .C-1 Appendix D: Wetland Summary Sheets D-1 Appendix E: Cowardin Glossary of Terms .E-1 Appendix F: ORWAP Raw Data .F-1 Appendix G: ORWAP Glossary and Summary Scores, Tables G1 to G4 G-1 Appendix H. Overview of Groundwater Quality H-1 ESA Adolfson Page i June 2011 South Deschutes County Local Wetland Inventory Report LIST OF TABLES Table 1. Summary of Wetlands in the South Deschutes County LWI 12 Table 2. Summary Statistics for Function Scores of South Deschutes County Wetlands (n=114) 14 Table 3. Summary Statistics for Value Scores of South Deschutes County Wetlands (n=114) 15 Page H ESA Adolfson June 2011 South Deschutes County Local Wetland Inventory Report 1.0 INTRODUCTION The South Deschutes County Local Wetland Inventory (LWI) has been prepared and funded through an Oregon Watershed Enhancement Board (OWEB) Technical Assistance Grant which also leverages funding from the Deschutes River Mitigation and Enhancement program. ESA Adolfson (ESA) has prepared this report and mapping with technical assistance by Deschutes County and Oregon Department of State Lands (DSL). ESA was assisted in the field inventory by Paul Adamus and Harper Houf Peterson Righellis Inc., (HHPR). As requested by the County, Paul Adamus also provided technical expertise in the use of the Oregon Rapid Wetland Assessment Protocol (ORWAP). Local wetland inventories are used by local governments to identify water resources during comprehensive plan development to meet statewide planning goals. The South Deschutes County Local Wetland Inventory (LWI) will allow the County to better identify potential wetland areas that provide important water quality functions and identify areas where development will avoid or minimize impacts to those wetlands. The LWI will also help identify areas where restoration projects may improve water quality and other wetland functions. Similarly the LWI may assist landowners in planning for potential project permitting for development of a property. Most impacts to wetlands and streams are regulated by DSL and the U.S. Army Corps of Engineers (Corps) and usually require an approved wetland delineation report as well as permits prior to site development. This inventory did not include wetland delineations or detailed studies necessary to support permitting of a specific project. LWI requirements are outlined in the LWI Rule (Oregon Administrative Rule [OAR] 141-086-0180 through 141-086-0240). 1.1 Overview of the Inventory Process The LWI process involves survey, identification and mapping of all wetland areas larger than 0.5 acre that occur within a defined study area. For the South Deschutes County LWI, the study area covers 18,937 acres from Sunriver to south of LaPine (Figure 1, Appendix A). This is the largest LWI that has been completed in Oregon to date. A local wetland inventory is also a refinement of the National Wetland Inventory (NWI), which was a national effort undertaken by the U.S. Fish and Wildlife Service in the 1980s. The NWI shows the likely location of wetlands across the nation; however, these maps are not as accurate as LWIs because they were derived from high altitude images of the landscape and are based on imagery from the 1980s. Deschutes County (County), citizens, wetland scientists from ESA, and the Oregon Department of State Lands (DSL) have all played a role in the inventory process for South Deschutes County. The County began the effort by scheduling a public meeting to inform citizens of the LWI and by obtaining permission from landowners to allow wetland scientists to access private property. ESA compiled existing data on wetlands including NWI maps, aerial photos and soils maps, and then conducted field observations to confirm the information sources. Where needed and where property access was ESA Adolfson Page I June 2011 South Deschutes County Local Wetland Inventory Report permitted, ESA collected data on the vegetation, soils, and hydrology of a parcel to determine if the area is or is not a wetland. ESA also assessed the functions and values of the wetlands using the ORWAP. DSL reviewed the draft LWI to ensure it was conducted according to state standards and to provide quality control/quality assurance. The final LWI consists of a set of maps that show the approximate location of wetlands and streams, and descriptive information about the wetlands and the main functions they provide. Functions that are evaluated include wildlife habitat quality, contribution to fish habitat or water quality improvement, and floodwater retention capability. Every attempt was made to map wetlands correctly on parcels and to map wetland boundaries to an accuracy of at least 5 meters (m) or 16.4 feet. There may be areas where the boundary is less accurate, especially on large tracts with few geographic reference points, and areas where property access was denied. Ultimately, the LWI will replace the National Wetland Inventory (NWI) map for South Deschutes County and improve the accuracy in the identification of jurisdictional wetland characteristics in the upper Deschutes Basin. Upon approval of this report and mapping, Deschutes County will formally adopt the LWI into its Comprehensive Plan and Goal 6 Inventory. Staff members who participated in the South Deschutes County LWI include the following wetland scientists from ESA: John Gordon, Sarah Hartung, Alison Sigler, Aaron Booy, Rosemary Baker, and Adam Merrill. In addition, the project team included local wetland scientists Paul Adamus and Alessandra Capretti from HHPR. Project principals from ESA include Tom McGuire, Cathie Conolly, and Teresa Vanderburg. All field staff received training from Paul Adamus in the ORWAP methods prior to field investigations. Refer to Appendix B for a complete list of staff qualifications and experience. 1.2 Public Involvement The County organized the public involvement efforts for this project. Letters describing the project and seeking property access permission were sent to all property owners whose tax lots intercepted hydric soil layers and/or NWI-mapped wetlands and streams, or whose tax lots showed soil saturation (darker areas) indicative of wetlands in the aerial photographs. Access permission was granted to 1,286 of 4,652 properties within the study area, for a permission rate of 28 percent. A public open house was held at Sunriver on March 16, 2010, at the Three Rivers Elementary School, 56900 Enterprise Drive. Approximately 100 members of the public attended the meeting. The County conducted a second public meeting on November 16, 2010, to present the draft LWI results. The County will also schedule and facilitate a public meeting to present the final LWI results in 2011. Dates, times, and locations for these future meetings will be determined by the County. Page 2 ESA Adolfson June 2011 South Deschutes County Local Wetland Inventory Report 2.0 STUDY AREA AND LANDSCAPE SETTING The South Deschutes County study area is located in south central Deschutes County in the Upper Deschutes River sub-watershed (Figure 1, Appendix A). The study area covers 18,937 acres. This is the largest LWI that has been undertaken in the state. The Upper Deschutes River sub-watershed is within the U.S. Geological Survey eight-digit hydrologic unit codes (HUC) 17070301 and 17070302, and includes portions of the Deschutes River, Little Deschutes River, and Fall River. The Fall River and the Little Deschutes River flow into the Deschutes River near Three Rivers, Oregon. The Deschutes River flows north into the Columbia River. Deschutes County is situated between the Cascades Mountains to the west and the high desert to the east. Deschutes County's land use consists mostly of forested land at higher elevations and agricultural and rural residential land at the lower elevations. The forested land tends to be fragmented and is dominated by lodgepole pine (Pinus contorta) with some ponderosa pine (Pinus ponderosa) (Franklin and Dyrness, 1988). The study area terrain is mostly flat, characteristic of wide floodplains, and is predominantly publicly- owned national forest land with scattered privately held farms, ranches, and housing tracts. Irrigated agriculture is used to produce hay and provide pasture. In recent years, Deschutes County has been one of the fastest growing counties in Oregon. Little Lava Lake is the headwaters of the Deschutes River and is located northwest of La Pine. Most of the water in the Upper Deschutes is diverted for irrigation and two reservoirs are located upstream from the study area. Wetlands located on these large river systems tend to be wetland/upland mosaics dominated by only a few wetland plant species. Common wetland species include water sedge (Carex aquatilis), Nebraska sedge (Carex nebrascensis), narrowleaf willow (Salix exigua), grey alder (Alnus incana) and lodgepole pine (Pinus contorta). Weather in and around Deschutes County consists of cold winters with snow and hot, dry summers, typical of the High Lava Plains physiographic province (Franklin and Dyrness, 1988). The growing season is short and day and night temperature fluctuations can be great. ESA Adolfson Page 3 June 2011 South Deschutes County Local Wetland Inventory Report 3.0 METHODS The Local Wetland Inventory process is described in OAR 141-086-0180 through 141- 086-0240. Methods used to inventory wetland resources in the South Deschutes County study area are in conformity with these state rules. However, due to the extensive area covered by the South Deschutes LWI, DSL has agreed to the presentation of the inventory information on maps at a one inch to 660 foot (1" = 660') scale instead of the standard 1" = 200' scale. Also due to the large scale of this LWI, Cowardin habitat classes greater than 0.5 acre within a wetland were mapped as separate polygons, instead of those greater than 0.25 acre in size as written in the OARS. This adjustment to the methods was approved by DSL and the County. 3.1 Preliminary Mapping and Research Preliminary mapping and research was completed prior to field investigations to determine which sites within the study area were likely to contain wetlands. The County compiled preliminary wetland maps based on NWI mapped wetlands (Figures 2.1 to 2.7 in Appendix A). The County also provided wetland delineations obtained from DSL. ESA reviewed and expanded the preliminary wetland mapping provided by the County based on existing wetland delineation data and a review of aerial photographs, soil survey maps (Figures 3.1 to 3.7, Appendix A), and topographic mapping. These preliminary wetland maps were used to determine which residents to contact for access permission. ESA identified and recommended tax lots to which access should be requested for conducting wetland field work. The County sent access requests to the owners of those tax lots and then provided preliminary maps indicating the lots where access was granted. 3.2 Required Information Sources The South Deschutes County LWI is based on several sources of information, including the following GIS data layers and technical documents: . Geographic Information Systems (GIS) layers of. Aerial digital imagery (Deschutes County, 2010); LWI study area (Deschutes County, 2010); Tax lot access permissions (Deschutes County, 2010); Tax lots (Deschutes County); Potential wetlands (ESA, 2010); Wetland assessment units (ESA, 2010); La Pine/Wickiup Junction Local Wetland Inventory (DSL, 1996);National Wetlands Inventory (NWI), (U.S. Fish and Wildlife Service, 2009); o Soil Survey of Upper Deschutes River Area, Oregon (NRCS, 1992); Page 4 ESA Adolfson June 2011 South Deschutes County Local Wetland Inventory Report o Streams (Deschutes County, 2007); Rivers (Deschutes County, 2006); and Public Land Survey System reference grids (Deschutes County, 2005) • DSL existing wetland delineations/determinations (various citations). • USGS quadrangle maps including: La Pine, Finley Butte, Anns Butte, Pistol Butte, Round Mountain, Masten Butte and Wickiup Dam. Other information sources used to develop the LWI include local landowner knowledge 3.3 Wetland Determinations Wetland determinations were made for all wetlands based on either on-site or off-site investigations, depending on access permission. Refer to Appendix C for the Wetland Determination Forms. 3.3.1 On-site Determinations For parcels with access permission, on-site determinations were made according to the Corps 1987 Manual (Environmental Laboratory, 1987), Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Corps, 2010) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Corps, 2008). During the first week of field work (May 3 to 7, 2010) field crews utilized the Arid West Supplement when conducting investigations. However, after speaking with DSL scientists who have worked in the Deschutes area, ESA was directed to instead use the Western Mountains Supplement. All data collected after May, including field investigations conducted on June 21 through 25 and August 9 and 10, 2010, were collected using the Western Mountains, Valleys, and Coast Regional Supplement. Determinations were made on parcels that were judged to have wetlands or wetland characteristics based on preliminary mapping and research efforts. Sample plots were established to document typical vegetation, soil, and hydrology characteristics and to determine the approximate location of the wetland boundary. 3.3.2 Off-site Determinations ESA did not enter properties where property owners denied access. For those parcels, off-site determinations were made by observing site characteristics from adjacent public rights-of-way (e.g. public streets or sidewalks) or from nearby parcels with access permission. Where feasible, sample plots were established in road rights-of-way and labeled "off-site" to characterize wetland conditions for adjacent parcels where site access was denied by the property owner. Along several waterways (e.g. the Deschutes River and the Little Deschutes River), we were able to observe a number of inaccessible wetlands from parcels on the opposite shoreline where ESA was granted access. Binoculars were used to observe many of these inaccessible wetlands. Field observations ESA Adolfson Page 5 June 2011 South Deschutes County Local Wetland Inventory Report of hydrology and vegetation were assessed in combination with existing data such as published soil survey data, NWI maps and/or known DSL delineations, landscape setting aerial photography, and staff experience. Positive off-site field observations of wetland hydrology were assessed by noting evidence of soil saturation (i.e. glistening on the surface or shallow inundation) in the wetland using the naked eye and/or binoculars. Some wetlands could not be observed in the field from any vantage point due to lack of access to adjacent parcels, lack of public roads and/or unsafe road conditions (lack of shoulders). In these cases, where we lacked "visual access" ESA staff relied upon aerial imagery and observations of the general landscape to determine wetland boundaries. Sample plot data were not created for wetlands that could not be observed or accessed. 3.4 Field Mapping and Data Collection All field data were collected and recorded using hand-held Trimble Yuma, Global Positioning System/Geographic Information System (GPS/GIS) data recorders. Prior to field investigations, aerial imagery and shapefiles of the study area were loaded onto the GPS units for reference in the field. The GPS/GIS units enabled field crews to digitize wetland boundaries in ArcPad and edit existing wetland boundaries as necessary, based on observations. Trimble GPS units were also used to map probable wetlands, mark artificial wetlands, and identify locations of sample plots and streams. Other information recorded on the GPS/GIS units includes field notes and wetland delineation/determination data on digital data forms. After the field work, data were uploaded onto a desktop computer for viewing and final editing. 3.4.1 Wetlands Wetland boundaries were mapped per OAR 141-086-0210 with an accuracy target of 5 in (16.4 feet) on sites where property access was obtained. The actual accuracy may be less for some wetlands that could not be visually confirmed in the field due to lack of access permission or lack of visual access from nearby roads. Wetlands greater than or equal to 0.5 acre were assigned a unique identification code (1, 2, 3, etc) generally from north to south within the study area. Wetlands were given unique numeric identifiers, with some exceptions, according to the following criteria: • The wetland is separate from other wetland areas and lies further than 50 feet away from another wetland (Example A). • The wetland is located on one side or the other of the Deschutes River (Example B). The Deschutes River is on average wider than 100 feet and wetlands that occurred on both sides of the channel were generally labeled as separate features. • The wetland is a continuous feature that encompasses both sides of one of the smaller river or stream systems within the study area, including the Fall River, Little Deschutes River, Paulina Creek, and Long Prairie Slough (Examples C and D). These rivers and streams are on average less than 50 feet in width and wetlands that occurred on both sides of one of these channels were generally labeled as the same wetland. Page 6 ESA Adolfson June 2011 South Deschutes County Local Wetland Inventory Report 21 8 I sp I PEII[E PEMA 98 Iii 2 24 PEM - PW :22 .l i PEMY ` Example A: Wetland 98 is greater than 0.5 acre Example B: Wetlands 20 and 22 are typical and not within 50 feet of another wetland. features along the Deschutes River. Wetlands 96 and 97 (Example Q are typical features of the Little Deschutes River floodplain that contain relic and current oxbows as well as upland hummocks. The breaks between these large, continuous features were often roadways or a narrowing of the feature. ~4t, ilk PSSE ' ` 96 Narrowing - L - t r between - 76 PMt l 76 and 77 - ~ SS i Unnamed 209ti 0_.. 1 + mom roadway ! PEW _ UrTLE ESCHUTESI RIPER l~ i + . ~ MlC 97 I I l T 1 f~ Mmmic 4 5 P WetlandMj Example C: Wetlands 96 and 97 are large Example D: The dividing point between wetlands features along the Little Deschutes River and 76 and 77 is a narrowing east of Aspen Place. are separated b an unnamed road. Wetlands that were separated by a roadway and that were deemed hydrologically connected were assigned a letter after the unique numeric identifier to indicate the wetlands were considered sections of one wetland unit (Examples E and F). ESA Adolfson Page 7 June 2011 South Deschutes County Local Wetland Inventory Report naill -11 J L~ -1 -1- 13 b `BIG-Bt1 . •t.N `Wetland /Upland SP 9A 50 , 1 - SP 101 - a 1 ' ~ - RF 50b FISHER: NL - PF 13d= P mic 51 / F Example E: Wetland 13 has four sections that Example F: 50a and 50b are connected by a are separated by roadways but hydrologically culvert, but no culvert was observed between 49 connected via culverts. and 50a-b or 51 and 50a-b. Wetlands 49 and 51 are more than 50 feet away from 50a-b. Wetlands that extend beyond the study area boundary were digitized to reflect only the area within the study limits. In some cases a wetland extends in and out of the study area resulting in two or more seemingly separate polygons; however, these polygons are considered one unit since they were on-site portions of a larger off-site wetland. Previously delineated or determined DSL wetland delineations within the study area were field verified and edited if the current size was found to be different from the recorded size. 3.4.2 Probable Wetlands Areas that appeared to meet wetland criteria but were less than 0.5 acre within the study area were digitized as a point and recorded as a "probable wetland" (PW), as defined by OAR 141-086-0200. In some cases, a PW represents a small portion of a larger wetland that is located outside of the study area. 3.4.3 Wetland/Upland Mosaics Wetlands with upland inclusions were identified on the maps as "wetland/upland mosaics." Wetland/upland mosaics are classified as a "landscape where wetland and non-wetland components are too closely associated to be easily delineated or mapped separately." Also the microtopography consists of, "ridges and hummocks supporting non-hydrophytic species are often interspersed throughout a wetland matrix having clearly hydrophytic vegetation, hydric soils, and wetland hydrology," (Corps, 2010). A majority of the wetland/upland mosaics occurred on the floodplains of the Deschutes River, Little Deschutes River Fall River, Long Prairie Slough, and Paulina Creek. In most cases, we had minimal field access to these large wetland mosaic features. However, we observed an interspersion of wetland and upland habitats in each of the floodplain areas. In other cases a wetland was considered a mosaic due to uneven Page 8 ESA Adolfson June 2011 South Deschutes County Local Wetland Inventory Report excavation and fill within a degraded wetland. Aerial imagery was used in conjunction with field investigations to aid in determinations of wetland/upland mosaic conditions. Site-specific causes for designation as a wetland/upland mosaic are provided on the wetland summary sheets (Appendix D). 3.4.4 Sample Plots Sample plots (SP) were established for each wetland (except wetlands on file with DSL) and for areas that appeared to have wetland characteristics. There were several - deviations from this method related to wetland size. When there were many wetlands within a small area and the wetlands exhibited similar wetland characteristics, one sample plot was used to represent characteristics in all of the wetlands. Additional sample plots were established in larger wetlands when necessary to describe variable habitats. Sample plots located in upland areas were established based on the original assessment units to confirm that upland conditions were present. Refer to Appendix C for wetland determination forms. Sample plots were not established for wetlands for which no access was granted if these wetlands were not visually accessible from rights-of-way. 3.4.5 Guidance on How to Find Sample Plot Data and Other Information For landowners and other users interested in finding sample plot data for a particular parcel, use the following steps: Step 1) Go to the Local Wetland Inventory Index Maps and the appropriate location based on the sub-area maps (e.g. Map B.2). Step 2) Pull-up the sub-area map (e.g. B.2) to identify the unique wetland code (in this example Wetland 5) and corresponding sample plot number(s) (e.g. SP 201). Step 3) Using the sample plot number (e.g. SP 201), find the corresponding wetland determination form in Appendix C based on that sampling point (e.g. SP 201). The sample plot symbol (SP 201) on Map B.2 is located in the right-of-way because access permission was not granted for the parcel and observations of the wetland were made from the side of the road. The property owner or interested user may also obtain additional wetland information by reviewing the corresponding Wetland Summary Sheet from Appendix D. In this example, one would look for Wetland Code 5 for the appropriate Wetland Summary Sheet. 3.5 Overview of Oregon Rapid Wetland Assessment Protocol The functions and values of each wetland in the study area were assessed using ORWAP. The ORWAP was developed to rapidly and qualitatively assess the functions and values of all types of wetlands throughout the state of Oregon. ORWAP is intended to be completed by wetland professionals and was designed for planning and educational purposes. The methodology, as outlined in The Manual to the Oregon Rapid Wetland ESA Adolson Page 9 June 2011 South Deschutes County Local Wetland Inventory Report Assessment Protocol (version 2.0) (Adamus et al., 2009), consists of a series of questions with multiple-choice responses. The questions cover a wide variety of features that can be observed rapidly when visiting a wetland or in some cases, obtained from aerial imagery or other sources. These particular questions were designed to correlate with the relative levels of various functions that a wetland can perform and the values associated with those functions. After a user answers all the questions, ORWAP uses the responses to automatically compute a score for each function and its value. "Functions" are actions that wetlands naturally perform, like hold floodwater, purify stormwater runoff, and provide waterfowl habitat (to name a few). Not all wetlands perform the same function equally. For example, some wetlands provide thermoregulation (i.e. temperature control), while others do not. The responses to ORWAP provide a relative index to quantify how well a wetland performs a given function. For example, water storage (if that function occurs in a given wetland) may be valued much more highly if buildings downstream are at risk of river flooding, because storage of water in wetlands located upstream can lessen the risk of those buildings being flooded. In contrast, the value of the wetland's flood storage function might be considered less if there are no buildings downstream. Thus, as long as a function is being performed at some minimum level, its function and value scores are independent of each other. Function scores are mostly driven by physical and biological features in and around a wetland. In contrast, value scores are driven in by socioeconomic features located upslope and/or downslope of the wetland, or in some cases depend on whether social institutions have assigned a special designation to the particular wetland, its species, or the wetland type. ORWAP evaluates each wetland for the following functions and values: 1) water storage (WS), 2) sediment retention and stabilization (SR), 3) phosphorous retention (PR), 4) nitrate removal (NR), 5) thermoregulation (T), 6) carbon sequestration (CS), 7) organic matter export (OE), 8) aquatic invertebrate habitat (INV), 9) anadromous (FA) and non-anadromous fish habitat (FR), 10) amphibian and reptile habitat (AM), 11) waterbird habitat including feeding (WBF) and breeding (WBN), 12) songbird, raptor, and mammal habitat (SBM), 13) pollinator habitat (POL), 14) native plant diversity (PD), 15) wetland sensitivity, (Sens) 16) wetland ecological condition, (fond) 17) wetland stressors, (Stress) 18) public recognition and use (PUv), and 19) provisioning services (PSv). Page 10 ESA Adolfson June 2011 South Deschutes County Local Wetland Inventory Report ORWAP scores for both functions and values are expressed on a scale of zero to 10. However the range of scores for each function or value across a group of assessed wetlands will vary. While ideally or theoretically each function or value score may range from zero to ten actual real world conditions may rarely combine to result in scores that cover the entire range. Because of the diversity of functions and values and the sometimes contradictory factors that control them, no "overall" or "average" wetland score is given. While ideally or theoretically each function or value score may range from zero to 10, actual real world conditions may rarely combine to result in scores that cover the entire theoretical range. Individual function or value scores may be compared relative to that particular function or value score across the assessed wetlands. This provides a relative basis to distinguish among assessed wetlands but the scores should not be interpreted on an absolute scale of zero to ten, nor as a direct comparison or ranking between functions or values. It is rare for any given wetland to be considered "perfect" for any single function, let alone for all or most of the 16 separate functions in the ORWAP methodology. To get an idea how wetlands in Oregon generally score for functions and values, a user can compare scores from a particular wetland with those from scores calculated for 221 wetlands of all types throughout Oregon during ORWAP field testing. The state-wide results are summarized in the excel spreadsheet ORWAP_Supplnfo file, AllSites tab, availablefrom the DSL web site: http://www.oregonstatelands.us/DSL/WETLAND/or_wet prot.shtml. Navigate to the ORWAP Supplemental Information link to open or download the file. A common misperception is that only pristine or unaltered wetlands are highly functioning. Although it is true that pristine wetlands usually provide valuable functions, other wetlands can also be highly functioning. For example, impounding water by placing small berms or dikes in an otherwise unaltered but seasonally dry wetland may enhance water storage functions and habitat for nesting waterfowl, although perhaps at some cost to other wetland functions such as anadromous fish habitat. 3.5.1 ORWAP Methods A majority of wetland assessments were completed during the May 2010 field visit. All wetlands with access permission were assessed on-site. When permission was not granted, wetlands were assessed off-site with visual access from a public right-of-way or adjacent parcels in combination with aerial imagery. In cases where no public or view access existed, wetlands were assessed using current aerial photographs and other existing data compiled for the LWI as well as the wetland scientists' experience with similar conditions. After field efforts were completed, the data were entered into an ORWAP template spreadsheet, which contains formulas that simultaneously process and display data from all 114 wetlands. ESA Adolfson Page 11 June 2011 South Deschutes County Local Wetland Inventory Report 4.0 RESULTS 4.1 Wetlands ESA identified and recorded 114 wetlands within the study area totaling 3,459 acres. Summaries of the 114 mapped wetlands and tax lots for each wetland are provided in Appendix D. Acreages for each wetland are presented in Table 1. Additionally, 62 probable wetlands (PW) and 27 artificial wetlands were identified and mapped for the study area. Refer to Attachment 1 for the LWI index and individual maps. A glossary of terms to aid in review of the LWI maps is provided in Appendix E. Table 1. Summary of Wetlands in the South Deschutes County LWI Wetland Code Size (acres) Wetland Code Size (acres) 1 3.5 58 0.9 2 1.0 59 2.2 3 12.7 60 3.9 4 2.2 61 2.1 5 8.0 62 3.1 6a-b 0.6 63 10.4 7 0.7 64 2.0 8 1.1 65 0.7 9 6.8 66 1.4 10 9.2 67 0.8 11 3.8 68 0.3 12 2.2 69 39.1 13a-d 0.7 70 0.6 14 9.8 71 a-b 0.5 15 4.3 72 0.9 16 2.0 73 46.8 17 2.5 74a-c 94.9 18 10.7 75 0.7 19 2.3 76 72.7 20 3.7 77 23.4 21 7.8 78 0.5 22 4.5 79 142.2 23 1.1 80 91.6 24 3.0 81 17.3 25 5.0 82 10.4 26a-b 2.5 83 93.7 27a-c 12.1 84 7.9 28a-b 1.8 85 32.0 29a-c 5.8 86 95.2 30 1.7 87a-b 41.1 31 0.8 88 1.4 32 1.4 89 85.0 33 3.7 90 65.5 34 4.3 91 2.9 35 2.5 92a-b 48.8 36 2.4 93a-b 340.0 Page 12 ESA Adolfson June 2011 South Deschutes County Local Wetland Inventory Report Wetland Code Size (acres) Wetland Code Size (acres) 37 1.9 94 104.1 38 2.3 95 69.1 39 1.8 96 82.3 40 3.5 97 64.3 41 34.0 98 7.7 42 34.8 99 232.7 43a-e 32.3 100a-b 15.0 44 12.3 101 1.2 45 21.0 102 2.3 46 25.3 103a-b 200.4 47 2.8 104a-b 1.2 48 27.4 105 97.2 49 1.5 106 159.3 50a-c 14.8 107 100.4 51 3.4 108 48.0 52 2.4 109 112.8 53 4.2 110 221.0 54 36.8 111 8.6 55 4.0 112 15.3 56 8.5 113 78.0 57 0.9 114 31.0 TOTAL 3,458.9 4.2 Deepwater Habitat There is no deepwater habitat within the South Deschutes County study area. 4.3 Artificially Created Wetlands Twenty-nine (29) artificially created wetlands were found in the study area; three stormwater treatment ponds, two irrigation channels, two excavated ponds, three golf course ponds, two fish hatchery ponds, one landscape pond, eleven stock ponds, two dammed ponds, and three other ponds. Artificially created wetlands may or may not be state or federally jurisdictional. 4.4 Summary of Probable Wetlands (PWs) Seventy-one (71) probable wetlands (PWs) were mapped within the study area. Probable wetlands appeared to have wetland characteristics but were either less than 0.50 acre or were small and of an undetermined size. PWs may or may not be state or federally jurisdictional. 4.5 ORWAP Results ORWAP summary statistics are presented in Table 2 (functions) and Table 3 (values) below. The median of a list of numbers can be found by arranging all the observations ESA Adolfson Page 13 June 2011 South Deschutes County Local Wetland Inventory Report from lowest value to highest value and selecting the number in the middle position. If there is an even number of observations, the median is defined as the average of the two middle values. The 75`h percentile is the score for which 75 percent of the wetlands scored lower and only 25 percent higher. The 90`h percentile is the score for which 90 percent of the wetlands scored lower and only 10 percent higher. ORWAP raw data results for wetlands in the study area are located in Appendix F. Summary scores for the individual site functions and values are shown in Appendix G. The summary statistics indicate that most wetlands in the Upper Deschutes are currently capable of performing all functions commonly attributed to wetlands except for Anadromous Fish Habitat and Waterbird Nesting Habitat (Table 2). Lack of the former is due simply to lack of access to the project area by anadromous fish, and lack of the latter is due to scarcity of large wetlands that remain ponded throughout the summer. Waterbirds do nest in riverine wetlands along the Deschutes River within the study area, but even this nesting is very limited. Table 2. Summary Statistics for Function Scores of South Deschutes County Wetlands (n=114) Functions Median Min Max 75TH percentile so TH percentile Water Storage & Delay (WS) 2.52 0.00 6.00 3.05 3.70 Sediment Retention & Stabilization (SR) 4.40 2.58 10.00 5.08 6.47 Phosphorus Retention (PR) 4.47 1.94 10.00 4.88 7.74 Nitrate Removal & Retention (NR) 3.85 2.81 10.00 4.54 5.43 Thermoregulation (T) 3.00 0.00 5.83 3.61 4.42 Carbon Sequestration (CS) 2.24 1.41 3.95 2.39 2.78 Organic Matter Export (OE) 6.61 0.00 8.58 7.12 7.60 Aquatic Invertebrate Habitat (INV) 4.82 2.68 7.07 534 5.85 Anadromous Fish Habitat (FA) 0.00 0.00 0.00 0.00 0.00 Non-anadromous Fish Habitat (FR) 3.25 0.58 7.69 4.26 4.77 Amphibian & Reptile Habitat (AM) 3.72 1.83 6.87 4.10 5.90 Waterbird Feeding Habitat (WBF) 3.93 2.15 5.98 4.33 4.63 Waterbird Nesting Habitat (WBN) 0.00 0.00 5.51 2.09 4.26 Songbird, Raptor, & Mammal Habitat (SBM) 3.98 2.14 5.79 4.84 5.15 Pollinator Habitat (POL) 5.79 3.19 7.36 6.52 7.05 Native Plant Diversity (PD) 4.49 2.63 5.58 4.89 5.16 Note: Functions with a high median score are shown in bold. Page 14 ESA Adolfson June 2011 South Deschutes County Local Wetland Inventory Report High scoring functions include: Organic Matter Export, Aquatic Invertebrate Habitat, and Pollinator Habitat. Some functions show relatively little variation among the project wetlands (e.g., Carbon Sequestration, Native Plant Diversity), while others vary considerably (e.g., Nitrate Removal, Organic Matter Export). Table 3 includes a summary of the values scores for the 114 wetlands evaluated. Table 3. Summary Statistics for Value Scores of South Deschutes County Wetlands (n=114) Values Median Min Max 75 TH percentile 90 TH percentile Water Storage & Delay (WS) 6.46 1.25 7.29 6.46 7.29 Sediment Retention & Stabilization (SR) 6.09 3.25 8.19 7.44 7.83 Phosphorus Retention (PR) 6.18 3.03 6.99 6.51 6.68 Nitrate Removal & Retention (NR) 5.12 3.37 5.75 5.35 5.56 Thermoregulation (T) 3.33 0.00 3.33 3.33 3.33 Aquatic Invertebrate Habitat (INV) 7.00 3.54 7.69 7.00 7.00 Anadromous Fish Habitat (FA) 3.93 2.15 5.98 4.33 4.60 Non-anadromous Fish Habitat (FR) 3.33 1.75 7.48 6.95 7.14 Amphibian & Reptile Habitat (AM) 4.00 0.67 7.33 4.00 7.33 Waterbird Feeding Habitat (WBF) 6.00 0.67 10.00 6.00 10.00 Waterbird Nesting Habitat (WBN) 4.00 0.50 7.33 4.00 5.50 Songbird, Raptor, & Mammal Habitat (SBM) 6.00 1.00 6.00 6.00 6.00 Pollinator Habitat (POL) 1.94 0.00 10.00 10.00 10.00 Native Plant Diversity (PD) 6.00 2.91 6.87 6.00 6.23 Public Use & Access (PUv) 1.67 0.00 4.00 2.33 3.33 Provisioning Services (PSv) 0.00 0.00 2.00 2.00 2.00 Ecological Condition (Cond) 5.10 2.16 7.41 5.73 6.90 Note: Values with a high median score are shown in bold. The functions which ORWAP indicates are currently of highest value in the project area are: • Aquatic Invertebrate Habitat, • Water Storage & Delay, and • Phosphorus Retention. ESA Adolfson Page 15 June 2011 South Deschutes County Local Wetland Inventory Report The value of some functions varies little among the project wetlands (Nitrate Removal & Retention) while the value of others shows large spatial variation (Amphibian and Reptile Habitat, Waterbird Feeding Habitat). 4.6 Goal 6 Water Quality Resources Several considerations are pertinent to deciding which wetland sites identified in the South Deschutes County LWI could be candidates for a Goal 6 Water Quality Resource (WQR) designation: 1. Which function or functions should be the basis for this designation? Should all functions be weighted equally? 2. To what extent should the current values of these functions be considered? 3. What should be the score threshold(s) that determines whether a particular site should be nominated as a Goal 6 Water Quality Resource? ESA recommends that the Nitrate Removal function of wetlands be used as one of the principal determinants of site nomination for Goal 6 Water Quality Resource protection, with other functions used as secondary determinants, because nitrate contamination has been identified as a primary concern in the project area (Hinkle et al., 2007). Refer to the discussion on groundwater quality in Appendix H for more information. Specifically, we recommend that Goal 6 Water Quality Resources be those sites that meet any of the following three criteria: Criterion 1. Nitrate Removal (NR) function score is equal to or greater than the 90th percentile of the scores for this function among all wetlands in the project area (i.e., 5.43); AND/OR Criterion 2. Nitrate Removal (NR) function score is equal to or greater than the 75th percentile of the scores for this function among all wetlands in the project area (i.e., 4.54), AND the NR value score of the site is greater than the 75th percentile of the NR value score among all wetlands in the project area (i.e., 5.35); AND/OR Criterion 3. The wetland's score for at least 3 other wetland functions are greater than or equal to the 90th percentile for those functions in the project area. Based upon the above criteria, the analysis results in the following wetlands potentially designated as a WQR wetland in South Deschutes County: 1. Sites that meet Criterion 1 (12 sites): 3, 10, 13a-d, 21, 23, 26a-b, 27a-c, 28a-b, 29a-c, 75, 98, and 103a-b; 2. Sites that meet Criterion 2 (5 sites): 23, 36, 88, 105, and 106; 3. Sites that meet Criterion 3 (18 sites): 42, 63, 64, 65, 66, 67, 68, 69, 81, 82, 83, 84, 93a-b, 100a-b, 102, 109, 111, and 113. A summary of the high scoring Page 16 ESA Adolfson June 2011 South Deschutes County Local Wetland Inventory Report functions for the wetlands that meet Criterion 3 is provided in Table G4, Appendix G. Application of these three criteria results in potential designation of 35 sites, which is 30 percent of all wetlands in study area. Limitations of the ORWAP Analysis Although ORWAP represents a significant technical advance over OFWAM (the method previously prescribed for use in Local Wetland Inventories in Oregon) and other methods for assessing wetland ecosystem services, like most rapid assessment tools, it does have several limitations. These are detailed in the ORWAP Manual (Adamus et al. 2009b), which may be found on-line at: http://www.oregonstatelands.us/DSL/WETLAND/or_wet_prot.shtml. The most significant limitations of ORWAP are: 1. ORWAP is not a mechanistic model of ecosystem processes and thus cannot be expected to account for many interactions and feedbacks among important variables. ORWAP uses only the variables that can be observed easily, but factors that control many functions are unobservable except with sophisticated equipment and long-term expensive sampling. 2. Like all rapid assessment methods for wetlands, ORWAP has not been validated against actual measures of the functions it estimates. 3. ORWAP is intended to simply be an estimate of function effectiveness averaged over an entire wetland assessment unit. For most functions, ORWAP does not account for wetland size, but size should be taken into account in some manner when proposing candidate sites (wetland assessment units) for WQR status. Determining the boundaries of wetland assessment units (not the boundary between wetland and upland) has a subjective component. Despite guidance in the ORWAP manual, decisions of whether and where to divide two hydrologically connected wetlands into multiple units for purposes of applying ORWAP are sometimes subjective. 5.0 LIMITATIONS This report documents the investigation, best professional judgment, and conclusions of the investigators. It is correct and complete to the best of our knowledge and based upon the conditions observed during field work conducted in the spring and summer of 2010. Mapping provided should be considered a preliminary inventory map of wetlands and other waters and used for planning purposes only. A formal wetland delineation reviewed and approved by DSL is required for state removal-fill permits. Contact the DSL or Corps with any regulatory questions. ESA Adolfson Page 17 June 2011 South Deschutes County Local Wetland Inventory Report 6.0 LITERATURE CITATIONS Adamus, P., J. Morlan, and K. Verble. 2009. Manual for the Oregon Rapid Wetland Assessment Protocol (ORWAP). Version 2.0. Oregon Dept. of State Lands, Salem, OR. hqp://oregonstatelands.us/DSL/WETLAND/or wet prot.shtml Adamus, P., J. Morlan, and K. Verble. 2009. Oregon Rapid Wetland Assessment Protocol (ORWAP): calculator spreadsheet, databases, and data forms. Oregon Dept. of State Lands, Salem, OR. hn://oregonstatelands.us/DSL/WETLAND/or wet12rot.shtml Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. FWS/OBS-79/31. U.S. Fish and Wildlife Service. ed. J. S. Wakeley, R. W. Lichvar, and C. V. Noble. ERDC/EL TR-08-28.Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1. U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS. Franklin, J. F. and C. T. Dymess. 1988. Natural Vegetation of Oregon and Washington. Oregon State University Press. Corvallis, Oregon. Google Earth. 2010. Aerial imagery of the Deschutes County vicinity. Available at: hgp:Hearth.goo lP e.com. Hinkle, S.R., Morgan, D. S., Orzol, L.L., and Polette, D.J. 2007. Groundwater redox zonation near La Pine, Oregon-Relation to River Position within the Aquifer- Riparian Zone Continuum. U.S. Geological Survey Scientific Investigations Report 2007-5239. Natural Resources Conservation Service (NRCS). 1992. Oregon Soil Survey Data for Upper Deschutes River Area, Oregon., including parts of Deschutes, Jefferson, and Klamath, Counties Soil, Oregon. Available: hqp://www.or.nres.usda.gov/pnw soil/or data.html.Last updated: February 10, 2010. Accessed: March 20, 2011. Oregon Department of Environmental Quality (DEQ). 2004/2006.200412006 Section 303(d) List, Integrated Report. Portland, Oregon. Available at: hqp://www.deg.state.or.us/wq/assessment/Mt04O6/search.asl2.Rempel, M., P. Adamus, and J. Kagan. 2009. Oregon Wetlands Explorer: an internet tool for ORWAP wetland assessment support and data archiving. Oregon State University Library and Institute for Natural Resources, Oregon State University, Corvallis, OR. hgp:Horegonexplorer.info/wetlands/orwap Rich, Barbara et. al., in collaboration with Deschutes County Environmental Health Division, Oregon Department of Environmental Quality and US Geological Survey. Undated. La Pine National Decentralized Wastewater Treatment Demonstration Project, 1999 - 2005. State of Oregon. 2010. Department of State Lands, Division 86, Wetland Conservation Plan. Local Wetlands Inventory (LWI) Standards and Guidelines OAR 141-086- 0180 through 141-086-0240. Available: hM:Harcweb.sos.state.or.us/rules/OARS 100/OAR 141/141 086.html Page 18 ESA Adolfson June 2011 South Deschutes County Local Wetland Inventory Report State of Oregon. 1996. Department of State Lands, La Pine/Wickiup Junction Local Wetland Inventory. Compiled by Martin Sehott, Ph.D. and Jay Lorenz, Ph.D. US Army Corps of Engineers (Corps). 2008. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (version 2.0). U.S. Army Corps of Engineers (Corps). 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2. 0), ed. J. S. Wakeley, R. W. Lichvar, and C. V. Noble. ERDC/EL TR-10-3. Vicksburg, MS: U.S. Army Engineer Research and Development Center. U.S. Census. 2000. Search Deschutes County, Oregon Quick Facts. hLp:Hguickfacts.census.gov/gfd/states/41/41017.htm1. Last Updated: August 16, 2010. Accessed: September 27, 2010. U.S. Fish and Wildlife Service (USFWS). 2010. National Wetlands Inventory. Available: http://www.fws.gov/wetlands/. Last updated: January 22, 2010. Accessed: April 2010. Vicksburg, MS: U. S. Army Engineer Research and Development Center. U.S. Geological Survey (USGS). 2007. Ground Water Redox Zonation near La Pine, Oregon: Relation to River Position within the Aquifer-Riparian Zone Continuum, Scientific Investigations Report 2007-5239, ESA Adolfson Page 19 June 2011 T Document, Reproduces Poorly (Archived) N M NT co I- co rn x1XI Community Development Department Planning Division Building Safety Division Environmental Soils 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: Board of County Commissioners From: Nick Lelack, Planning Director Date: September 7, 2011 Re: EFU Commercial Event Text Amendments BACKGROUND/SUMMARY On July 13, the Board of Commissioners directed planning staff to conduct work sessions with the Planning Commission on proposed commercial event venue text amendments. The amendments would propose standards and criteria to allow events as a private park, via agri-tourism (SB 960) or at a winery (HB 3280). Staff conducted three work sessions with the Planning Commission on July 14, August 11 and 25. At the first work session, Planning Commissioners voted 4-2 to direct staff to initiate a fourth text amendment to allow event venues as a new Type 4 home occupation. On August 11 and 25, the Commission generally discussed the first draft of all four text amendments resulting in general agreements on some concepts and disagreements on others (discussed below). However, Commissioners did not provide specific direction on any one provision. Commissioners requested a joint work session with the Board to gain a clearer understanding of the Board's goals for the text amendments either (1) prior to initiating the amendments or (2) following the formal public hearing notice but prior to conducting the public hearings. The reason is that Planning Commissioners do not want to spend time developing or refining text amendments that are not closely aligned with the Board's goals for this effort. Finally, Planning Commissioners generally recommended public hearings occur before both the Planning Commission and Board. One option discussed was to hold a joint Planning Commission and Board public hearing followed by separate deliberations. Staff has revised the draft text amendments submitted to the Planning Commission generally based on the Commission's discussion. The attached amendments, however, do not reflect the Planning Commission's recommendation in whole or in part. In addition, the proposed amendments have not yet been reviewed by County legal counsel. Quality Services Performed with Pride PLANNING COMMISSION COMMENTS The following is a summary of some of the topics discussed by the Planning Commission: • Commissioners are not in agreement on whether to propose all four text amendments. All Commissioners support proposing the agri-tourism and winery text amendments, but only about half of the Commission supports initiating the private park and home occupation text amendments. • Commissioners appear to all support tying the commercial event venue approvals to the property owners rather than running with the land. However, staff has noted that conditional use permits run with the land (e.g., private parks, home occupations), while the new agri-tourism limited use permits would be tied to the property owners. Noise remains the primary issue. Some Commissioners support amending the County's noise ordinance to establish specific decibel limits to be measured at the property line. Staff has stated that enforcement of such standards is extremely difficult. Commissioners who support amendments to the noise ordinance explain that the current noise ordinance does not work for event venues. It is important to note that the Community Development Dept. does not initiate amendments to the County's noise ordinance or enforce the ordinance. If changes are proposed to the Noise Ordinance, the Sheriff's Office should be involved and engaged in that process. • Some Commissioners believe that only "legitimate complaints" by those who are harmed by the event venue should be addressed, and not others. How to determine what a "legitimate complaint" is, however, has not yet been determined. • A couple of Commissioners stated that commercial events define the culture of Central Oregon and need to be supported by Deschutes County. BOARD DIRECTION Staff seeks direction on the following at this work session: 1. Which event venue text amendments should be proposed? a. Agri-tourism - SB 960 (allowed on high value and non-high value farmland; required to be subordinate and incidental to an established farm use) b. Wineries - HB 3280 (this is now state law whether Deschutes County adopts it or not) c. Private Parks (requires a conditional use permit under state law; only allowed on non-high value farmland) d. Home Occupation Type 4 (allowed on high value and non-high value farmland, must be incidental to the residential use of the property, proposed to require a conditional use permit). 2. When to initiate the public hearing notice for the proposed text amendments? a. As soon as possible following this work session (findings still need to be developed). b. Conduct additional work session(s) prior to initiating the text amendments. 3. Should public hearings occur before both the Board and Planning Commission, or just before the Board? If the hearings are just before the Board, the Planning Commission will review the text amendments at work session(s) and provide a recommendation to the Board as required by Deschutes County Code. 4. When and whether to schedule a joint work session between the Board and Planning Commission to discuss this issue? a. Prior to initiating the text amendments b. After initiating the text amendments, but prior to conducting the first public hearing. c. No joint work session. Chapter 18.16. EXCLUSIVE FARM USE ZONES 18.16.010. Purpose. 18.16.020. Uses Permitted Outright. 18.16.025. Uses Permitted Subject to the Special Provisions Under DCC Section 18.16.038 and a Review Under DCC Chapter 18.124 For Items C Through M. 18.16.030. Conditional Uses Permitted - High Value and Nonhigh Value Farmland. 18.16.031. Nonresidential Conditional Uses on Nonhigh Value Farmland Only. 18.16.033. Nonresidential Conditional Uses on High Value Farmland Only. 18.16.035. Destination Resorts. 18.16.037. Guest Ranch. 18.16.038. Special Conditions for Certain Uses Listed Under DCC 18.16.025. 18.16.040. Limitations on Conditional Uses. 18.16.042 Agri-Tourism Limited Uses - High Value and Nonhigh Value Farmland. 18.16.044 Standards and Criteria for Ap-ri-Tourism. Commercial Events and Activities. Private Parks. Home Occupations and Wineries 18.16.050. Standards for Dwellings in the EFU Zones. 18.16.055. Land Divisions. 18.16.060. Dimensional Standards. 18.16.065. Subzones. 18.16.067. Farm Management Plans. 18.16.070. Yards. 18.16.080. Stream Setbacks. 18.16.090. Rimrock Setback. 18.16.010. Purpose. A. The purpose of the Exclusive Farm Use zones is to preserve and maintain agricultural lands and to serve as a sanctuary for farm uses. B. The purposes of this zone are served by the land use restrictions set forth in the Comprehensive Plan and in DCC 18.16 and by the restrictions on private civil actions and enforcement actions set forth in ORS 30.930 through 30.947. (Ord. 95-007 §9, 1995; Ord. 92-065 §3, 1992; Ord. 91-038 §§1 and 2, 1991) 18.16.020. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: A. Farm use as defined in DCC Title 18. B. Propagation or harvesting of a forest product. C. Operations for the exploration for minerals as defined by ORS 517.750. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732(2)(a) or (b). D. Accessory buildings customarily provided in conjunction with farm use. E. Climbing and passing lanes within the right of way existing as of July 1, 1987. F. Reconstruction or modification of public roads and highways, including the placement of utility facilities overhead and in the subsurface of public roads and highways along the public right of way, but not including the addition of travel lanes, where no removal or displacement of buildings would occur, or no new land parcels result. G. Temporary public road and highway detours that will be abandoned and restored to original condition or use when no longer needed. Chapter 18-16 1 (07/2010) H. Minor betterment of existing public road and highway-related facilities such as maintenance yards, weigh stations and rest areas, within a right of way existing as of July 1, 1987, and contiguous public owned property utilized to support the operation and maintenance of public roads and highways. 1. Creation, restoration or enhancement of wetlands. J. Alteration, restoration or replacement of a lawfully established dwelling that: 1. Has intact exterior walls and roof structure; 2. Has indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system; 3. Has interior wiring for interior lights; 4. Has a heating system; and 5. In the case of replacement, is removed, demolished or converted to an allowable use within three months of completion of the replacement dwelling. A replacement dwelling may be sited on any part of the same lot or parcel, and shall comply with all applicable siting standards. If the dwelling to be replaced is located on a portion of the lot or parcel not zoned for exclusive farm use, the applicant, as a condition of approval, shall execute and record in the deed records for the county a deed restriction prohibiting the siting of a dwelling on that portion of the lot or parcel. The restriction imposed shall be irrevocable unless a statement of release is placed in the deed records for the county. The release shall be signed by the county or its designee and state that the provisions of the statute and county code have changed to allow the siting of another dwelling; and 6. The replacement dwelling is subject to OAR 660-033-0130(30), as follows: The County shall require as a condition of approval of a single-family replacement dwelling that the landowner for the dwelling sign and record in the deed records for the county a document binding the landowner, and the landowner's successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.936 to 30.937. 7. An applicant for a replacement dwelling may request a deferred replacement dwelling permit. a. The dwelling to be replaced shall be removed or demolished within three months after the deferred replacement permit is issued. b. A deferred replacement permit allows construction of the replacement dwelling at any time. If, however, the established dwelling is not removed or demolished within three months after the deferred replacement permit is issued, the replacement permit becomes void. c. The replacement dwelling must comply with applicable building codes, plumbing codes, sanitation codes and other requirements relating to health and safety or to siting at the time of construction. d. A deferred replacement permit may not be transferred, by sale or otherwise, except by the applicant to the spouse or child of the applicant. K. A replacement dwelling to be used in conjunction with farm use if the existing dwelling is listed on the National Register of Historic Places and on the County inventory as a historic property as defined in ORS 358.480, and subject to 18.16.020(J)(6) above. L. Wildlife habitat conservation and management plan approved under ORS 215.800 to 215.808. M. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. N. Utility facility service lines. Utility facility service lines are utility lines and accessory facilities or structures that end at the point where the utility service is received by the customer and that are located on one or more of the following: 1. A public right of way; 2. Land immediately adjacent to a public right of way, provided the written consent of all adjacent property owners has been obtained; or 3. The property to be served by the utility. 0. The land application of reclaimed water, agricultural process or industrial process water or biosolids for agricultural, horticultural or silvicultural production, or for irrigation in connection with a use allowed in Chapter 18-16 2 (07/2010) an exclusive farm use zone, subject to the issuance of a license, permit or other approval by the Department of Environmental Quality under ORS 454.695, 459.205, 468B.053 or 468B.055, or in compliance with rules adopted under ORS 468B.095, and with the requirements of ORS 215.246 to 215.251. P. Fire service facilities providing rural fire protection services. Q. Operations for the exploration for and production of geothermal resources as defined by ORS 522.005 and oil and gas as defined by ORS 520.005, including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the wellhead. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732(2)(a) or (b). R. Outdoor mass gathering described in ORS 197.015(10)(d), and subject to DCC Chapter 8.16. (Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2004-001 §2, 2004; Ord. 2001-039 §1, 2001; Ord. 2001-016 §2, 2001; Ord. 98-030 §1, 1998; Ord. 95-007 §10, 1995; Ord. 92-065 §3,1992; Ord. 91-038 §§1 and 2,1991; Ord. 91-024 §1, 1991; Ord. 91-020 §1, 1991; Ord. 91-005 §4,1991; Ord. 91-002 §3, 1991; Ord. 86-007 §1, 1986; Ord. 81-025 §1, 1981; Ord. 81-001 §1, 1981) 18.16.025. Uses Permitted Subject to the Special Provisions Under DCC Section 18.16.038 and a Review Under DCC Chapter 18.124 where applicable. A. Dwellings customarily provided in conjunction with farm use (farm-related dwellings), subject to DCC 18.16.050. B. A relative farm assistance dwelling, subject to DCC 18.16.050. C. Churches and cemeteries in conjunction with churches consistent with ORS 215.441, that are not within 3 miles of an acknowledged urban growth boundary, on nonhigh value farmland. D. Churches and cemeteries in conjunction with churches consistent with ORS 215.441, that are within 3 miles of an acknowledged urban growth boundary, subject to the approval of an exception pursuant to ORS 197.732 and OAR chapter 660, division 004, on nonhigh value farmland. E. Expansion of an existing church or cemetery in conjunction with a church on the same tract as the existing use. F. Utility facilities necessary for public service, including wetland waste treatment systems, but not including commercial facilities for the purpose of generating electrical power for public use by sale and transmission towers over 200 feet in height. A utility facility necessary for public service may be established as provided in DCC 18.16.038(A). G. Winery, as described in ORS 215.452. H. Farm stands, subject to DCC 18.16.038. 1. A site for the takeoff and landing of model aircraft, including such buildings or facilities as may be reasonably necessary. J. A facility for the processing of farm crops, or the production of biof iel as defined in ORS 315.141, that is located on a farm operation that provides at least one-quarter of the farm crops processed at the facility. a. The building established for the processing facility shall not exceed 10,000 square feet of floor area exclusive of the floor area designated for preparation, storage or other farm use or devote more than 10,000 square feet to the processing activities within another building supporting farm uses. b. A processing facility shall comply with all applicable siting standards but the standards shall not be applied in a manner that prohibits the siting of the processing facility. c. The County shall not approve any division of a lot or parcel that separates a processing facility from the farm operation on which it is located. (Ord. 2010-022 §2,2010; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2004-001 §2, 2004) Chapter 18-16 3 (07/2010) 18.16.030. Conditional Uses Permitted -High Value and Nonhigh Value Farmland. The following uses may be allowed in the Exclusive Farm Use zones on either high value farmland or nonhigh value farmland subject to applicable provisions of the Comprehensive Plan, DCC 18.16.040 and 18.16.050, and other applicable sections of DCC Title 18. A. Nonfarm dwelling. B. Lot of record dwelling. C. Residential home or facility, as defined in DCC 18.04.030, in existing dwellings. D. A hardship dwelling, which can include one manufactured dwelling or recreational vehicle, in conjunction with an existing dwelling as a temporary use for the term of a hardship suffered by the existing resident or a relative of the resident. E. A dwelling in conjunction with a wildlife habitat conservation and management plan. F. Commercial activities that are in conjunction with farm use, but not including the processing of farm crops as described in DCC 18.16.025. G. Operations conducted for: Mining and processing of geothermal resources as defined by ORS 522.005, and Mining and processing of natural gas or oil as defined by ORS 520.005, not otherwise permitted under DCC 18.16.020. H. Expansion of an existing private park, playground, hunting and fishing preserve and campground on the same tract as the existing use. 1. Public park and playground consistent with the provisions of ORS 195.120, and including only the uses specified under OAR 660-034-0035 or 660-034-0040, whichever is applicable. J. Community centers owned by a governmental agency or a nonprofit organization and operated primarily by and for residents of the local rural community. 1. A community center authorized under this section may provide services to veterans, including but not limited to emergency and transitional shelter, preparation and service of meals, vocational and educational counseling and referral to local, state or federal agencies providing medical, mental health, disability income replacement and substance abuse services, only in a facility that is in existence on January 1, 2006. 2. The services may not include direct delivery of medical, mental health, disability income replacement or substance abuse services. K. Transmission towers over 200 feet in height. L. Commercial utility facility, including a hydroelectric facility (in accordance with DCC 18.116.130 and 18.128.260), for the purpose of generating power for public use by sale. M. Personal use airport for airplanes and helicopter pads, including associated hangar, maintenance and service facilities. A personal use airport as used in DCC 18.16.030 means an airstrip restricted, except for aircraft emergencies, to use by the owner, and, on an infrequent and occasional basis, by invited guests, and by commercial aviation activities in connection with agricultural operations. N. Home Occupations Types 1-3, subject to DCC 18.116.280. 1. The home occupation shall: a. be operated substantially in the dwelling or other buildings normally associated with uses permitted in the EFU zone; b. be operated by a resident or employee of a resident of the property on which the business is located; and c. employ on the site no more than five full-time or part-time persons. 2. The home occupation shall not unreasonably interfere with other uses permitted in the EFU zone. 3. Home Occupation Type 4, subject to DCC 18.16.044, DCC 18.116.280, and DCC 18.128. 0. A facility for the primary processing of forest products, provided that such facility is found to not seriously interfere with accepted farming practices and is compatible with farm uses described in ORS 213.203(2). The primary processing of a forest product, as used in DCC 18.16.030, means the use of a Chapter 18-16 4 (07/2010) portable chipper or stud mill or other similar methods of initial treatment of a forest product in order to enable its shipment to market. Forest products, as used in DCC 18.16.030, means timber grown upon a parcel of land or contiguous land where the primary processing facility is located. P. Construction of additional passing and travel lanes requiring the acquisition of right of way, but not resulting in the creation of new land parcels. Q. Reconstruction or modification of public roads and highways involving the removal or displacement of buildings, but not resulting in the creation of new land parcels. R. Improvement of public road and highway-related facilities such as maintenance yards, weigh stations and rest areas, where additional property or right of way is required, but not resulting in the creation of new land parcels. S. The propagation, cultivation, maintenance and harvesting of aquatic species that are not under the jurisdiction of the State Fish and Wildlife Commission or insect species. 1. Insect species shall not include any species under quarantine by the State Department of Agriculture or the United States Department of Agriculture. 2. The county shall provide notice of all applications under this section to the State Department of Agriculture. 3. Notice shall be provided in accordance with DCC Title 22, but shall be mailed at least 20 calendar days prior to any administrative decision or initial public hearing on the application. T. Room and board arrangements for a maximum of five unrelated persons in an existing residence. If approved, this use is subject to the recording of the statement listed in DCC 18.16.0200(6). U. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland. V. Roads, highways and other transportation facilities, and improvements not otherwise allowed under DCC 18.16, if an exception to Goal 3, Agricultural Lands, and to any other applicable goal is first granted under state law. Transportation uses and improvements may be authorized under conditions and standards as set forth in OAR 660-012-0035 and 660-012-0065. W. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material. X. A living history museum. Y. Operations for the extraction and bottling of water. Z. Transportation improvements on rural lands allowed by OAR 660-012-0065. AA. Expansion of existing county fairgrounds and activities relating to county fairgrounds governed by county fair boards established pursuant to ORS 565.210. 1313. Extended outdoor mass gatherings, subject to DCC 8.16. CC. A landscape contracting business, as defined in ORS 671.520, or a business providing landscape architecture services, as described in ORS 671.318, if the business is pursued in conjunction with the growing and marketing of nursery stock on the land that constitutes farm use. (Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2004-001 §2, 2004; Ord. 2001-039 §1, 2001; Ord. 2001-016 §2, 2001; Ord. 98-030 §1, 1998; Ord. 95-025 §1, 1995; Ord. 95-007 §11, 1995; Ord. 94-008 §9, 1994; Ord. 92-065 §3, 1992; Ord. 91-038 §2, 1991; Ord. 91-020 §1, 1991; Ord. 91-014 §1, 1991; Ord. 91-005 §5, 1991; Ord. 90-018 §1, 1990; Ord. 90-014 §§23 and 31, 1991; Ord. 87-013 §1, 1987; Ord. 86-018 §3, 1986; Ord. 83-028 §1, 1983) 18.16.031. Conditional Uses on Nonhigh Value Farmland Only. The following uses may be allowed only on tracts in the Exclusive Farm Use Zones that constitute nonhigh value farmland subject to applicable provisions of the Comprehensive Plan and DCC 18.16.040 and other applicable sections of DCC Title 18. A. Dog kennel. Chapter 18-16 5 (07/2010) B. A site for the disposal of solid waste approved by the governing body of a city or County or both and for which a permit has been granted under ORS 459.245 by the Department of Environmental Quality together with equipment, facilities or buildings necessary for its operation. C. Golf course and accessory golf course uses as defined in DCC Title 18 on land determined not to be high value farmland, as defined in ORS 195.300. D. Except for those composting facilities that are a farm use as defined in OAR 660-033-0020(7), composting operations and facilities for which a permit has been granted by the Oregon Department of Environmental Quality under ORS 459.245 and OAR 340-96-020. Buildings and facilities used in conjunction with the composting operation shall only be those required for the operation of the subject facility. On-site sales shall be limited to bulk loads of at least one unit (7.5 cubic yards) in size that are transported in one vehicle. E. Private parks, including commercial events subject to DCC 18.16.044, DCC 18.124, and DCC 18.128, playgrounds, hunting and fishing preserves and campgrounds. F. Public or private schools for kindergarten through grade 12, including all buildings essential to the operation of a school, primarily for residents of the rural area in which the school is located, subject to the applicable Oregon Administrative Rules. (Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2004-001 §2, 2004; Ord. 95-007 §12, 1995) 18.16.033. Conditional Uses on High Value Farmland Only. In addition to those uses listed in DCC 18.16.030 above, the following uses may be allowed on tracts in the Exclusive Farm Use Zones that constitute high value farmland subject to applicable provisions of the Comprehensive Plan and DCC 18.16.040 and other applicable sections of DCC Title 18. A. Maintenance, enhancement or expansion of dog kennels existing as of March 1, 1994, subject to other requirements of law. New dog kennels are prohibited. B. Maintenance, enhancement or expansion of a site described in 18.16.031 (B) existing as of March 1, 1994, subject to other requirements of law. New such sites are prohibited. C. Maintenance, enhancement or expansion of golf course and accessory golf course uses as defined in DCC Title 18 existing as of March 1, 1994, subject to other requirements of law. New such uses are prohibited. Expanded courses may not exceed 36 holes total. D. Additions or expansions to existing public or private schools on high value farmland, for kindergarten through grade 12, including all buildings essential to the operation of a school, subject to the applicable Oregon Administrative Rules. (Ord. 2010-022 §2,2010; Ord. 2009-014 §1, 2009; Ord. 2004-001 §2, 2004; Ord. 95-007 §13, 1995) 18.16.035. Destination Resorts. Destination resorts may be allowed, where mapped, as a conditional use, subject to all applicable standards of the Destination Resort Zone. (Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 92-065 § 3, 1992; Ord. 92-004 § 3, 1992) 18.16.037. Guest Ranch. A. A guest ranch may be established in conjunction with an existing and continuing livestock operation, using accepted livestock practices that qualifies as a farm use under DCC 1%.04.030, subject to the applicable provisions set forth in DCC 18.16.040(A)(1), (2) and (3), the applicable provisions of DCC 18.128, and the provisions of the applicable Oregon Revised Statutes. B. "Guest ranch" means a facility for overnight guest lodging units, including passive recreational activities and food services, as set forth in ORS 215 that are incidental and accessory to an existing livestock operation that qualifies as a farm use under DCC 18.04.030. Chapter 18-16 6 (07/2010) C. A guest lodging unit means a guest room in a lodge, bunkhouse, cottage or cabin used only for transient overnight lodging and not for permanent residence accommodations. D. For the purposes of DCC 18.16.037, "livestock" means cattle, sheep, horses, and bison. E. A proposed division of land in an exclusive farm use zone for a guest ranch or a division of a lot or parcel that separates a guest ranch from the dwelling of the person conducting the livestock operation shall not be allowed. F. Notwithstanding DCC 18.16.055, a proposed division of land in an exclusive farm use zone for a guest ranch shall not be allowed. (Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2001-043 §1, 2001; Ord. 98-056 §1, 1998) Note: DCC 18.16.037 will be repealed January 2, 2012 (Ord. 2010-017 § 1, 2010). 18.16.038. Special Conditions for Certain Uses Listed Under DCC 18.16.025. A. A utility facility necessary for public use allowed under DCC 18.16.025 shall be one that is necessary to be situated in an agricultural zone in order for service to be provided. To demonstrate that a utility facility is necessary, an applicant must show that reasonable alternatives have been considered and that the facility must be sited in an exclusive farm use zone due to one or more of the following factors: 1. Technical and engineering feasibility; 2. The proposed facility is locationally dependent. A utility facility is locationally dependent if it must cross land in one or more areas zoned for exclusive farm use in order to achieve a reasonably direct route or to meet unique geographical needs that cannot be satisfied on other lands; 3. Lack of available urban and nonresource lands; 4. Availability of existing rights of way; 5. Public health and safety; and 6. Other requirements of state and federal agencies. 7. Costs associated with any of the factors listed in 1-6 above may be considered, but cost alone may not be the only consideration in determining that a utility facility is necessary for public service. Land costs shall not be included when considering alternative locations for substantially similar utility facilities that are not substantially similar. 8. The owner of a utility facility approved under this section shall be responsible for restoring, as nearly as possible, to its former condition any agricultural land and associated improvements that are damaged or otherwise disturbed by the siting, maintenance, repair or reconstruction of the facility. Nothing in this subsection shall prevent the owner of the utility facility from requiring a bond or other security from a contractor or otherwise imposing on a contractor the responsibility for restoration. 9. In addition to the provisions of 1-6 above, the establishment or extension of a sewer system as defined by OAR 660-011-0060(1)(f) in an exclusive farm use zone shall be subject to the provisions of OAR 660-011-0060. 10. The provisions above do not apply to interstate gas pipelines and associated facilities authorized by and subject to regulation by the Federal Energy Regulatory Commission. 11. The County shall impose clear and objective conditions on an application for utility facility siting to mitigate and minimize the impacts of the proposed facility, if any, on surrounding lands devoted to farm use, in order to prevent a significant change in accepted farm practices or a significant increase in the cost of farm practices on surrounding farmlands. B. Wineries are subject to the following: A winery, authorized under DCC 18.16.025 and subject to DCC 18.16.044(B), is a facility that produces wine with a maximum annual production of: 1. Less than 50,000 gallons and : a. Owns an on-site vineyard of at least 15 acres; b. Owns a contiguous vineyard of at least 15 acres; Chapter 18-16 7 (07/2010) c. Has a long-term contract for the purchase of all of the grapes from at least 15 acres of a vineyard contiguous to the winery; or d. Obtains grapes from any combination of a, b or c above; or 2. At least 50,000 gallons and the winery: a. Owns an on-site vineyard of at least 40 acres; b. Owns a contiguous vineyard of at least 40 acres; c. Has a long-term contract for the purchase of all of the grapes from at least 40 acres of a vineyard contiguous to the winery; or d. Obtains grapes from any combination of (2)(a-c). 3. The winefy shall allow @PA), the sale oP b. Items diFeetly reWed to wine, the sales of whieh afe ineidefttai to rvtail sale of AIA1410 An si Q. , as applies aadjaeefft dai 6 AppFe,,el of awiaef~, shall not be a basis fer-an wEeeption under- QRS 197.732(1)(a) or- (b). 3. A winery may_ a. Market and sell wine produced in conjunction with the winery, including the following activities: 1. Wine tours; 2. Wine tastings in a tasting room or other location at the winery; 3. Wine clubs, and 4. Similar activities conducted for the primary purpose of promoting wine produced in conjunction with the winery; b. Market and sell items directly related to the sale or promotion of wine produced in conjunction with the winery, the marketing and sale of which is incidental to retail sale of wine on-site, including food and beverages served by a limited service restaurant, as defined in ORS 624.010[.1; and c. Provide services, including private events, hosted by the winery or patrons of the winery, at which wine produced in conjunction with the winery is featured, that: 1. Are directly related to the sale or promotion of wine produced in conjunction with the winery; 2. Are incidental to the retail sale of wine on-site; and 3. Are limited to 25 days or fewer in a calendar year. 4. The gross income of the winery from the sale of incidental items pursuant to subsection (3)(b) of this section and services provided pursuant to subsection (3)(c) of this section may not exceed 25 percent of the gross income from the on-site retail sale of wine produced in conjunction with the winery. The winery shall submit to the Deschutes County Community Development Department a written statement, prepared by a certified public accountant, that certifies compliance with this section for the previous tax year by April 15 of each year in which private events are held. 5. A winerv Meratiniz under this section shall provide parkiniz for all activities or uses of the lot. parcel or tract on which the winery is established. Chapter 18-16 8 (07/2010) 6. Prior to the issuance of a permit to establish a winery under this section, the applicant shall show that vineyards described in subsections 1. and 2. of this section have been planted or that the contract has been executed, as applicable. 7. The siting of a winery shall be subject to the following standards for the sole purpose of limiting demonstrated conflicts with accepted farming or forest practices on adjacent lands: a. Establishment of a setback of at least 100 feet from all propertv lines for the winery and all public gathering places. _ b. Shall comply with DCC Chapter 18.80, Airport Safety Combining Zone and DCC 18.116.180 Building Setbacks for the Protection of Solar Access. 8. A permit may be issued only for a winery operating under this section to host outdoor concerts for which admission is charged, facility rentals or celebratory events if the permits were issued to wineries operating under this section in similar circumstances before July 31, 2011. 9. As used in this section, "private events" includes, but is not limited to, facility rentals and celebratory uatherings. C. Farm stands are subject to the following: 1. The structures are designed and used for the sale of farm crops or livestock grown on the farm operation, or grown on the farm operation and other farm operations in the local agricultural area, including the sale of retail incidental items and fee-based activity to promote the sale of farm crops or livestock sold at the farm stand, if the annual sales of the incidental items and fees from promotional activity do not make up more than 25 percent of the total annual sales of the farm stand; and 2. The farm stand does not include structures designed for occupancy as a residence or for activities other than the sale of farm crops or livestock, and does not include structures for banquets, public gatherings or public entertainment. 3. As used in this section, "farm crops or livestock" includes both fresh and processed farm crops and livestock grown on the farm operation, or grown on the farm operation and other farm operations in the local agricultural area. 4. As used in this subsection, "processed crops and livestock" includes jams, syrups, apple cider, animal products and other similar farm crops and livestock that have been processed and converted into another product but not prepared food items. 5. As use in this section, "local agricultural area" includes Oregon or an adjacent county in Washington, Idaho, Nevada or California that borders the Oregon county in which the farm stand is located. D. A site for the takeoff and landing of model aircraft is subject to the following: 1. Buildings or facilities shall not be more than 500 square feet in floor area or placed on a permanent foundation unless the building or facility preexisted the use approved under this section. a. The site shall not include an aggregate surface or hard surface area, unless the surface preexisted the use approved under this section. b. An owner of property used for the purpose authorized in this section may charge a person operating the use on the property rent for the property. c. An operator may charge users of the property a fee that does not exceed the operator's cost to maintain the property, buildings and facilities. d. As used in this section, "model aircraft" mean a small-scale version of an airplane, glider, helicopter, dirigible or balloon that is used or intended to be used for flight and is controlled by radio, lines or design by a person on the ground. E. A facility for the processing of farm crops shall be located on a farm operation that provides at least one-quarter of the farm crops processed at the facility. 1, The building established for the processing facility shall not exceed 10,000 square feet of floor area exclusive of the floor area designated for preparation, storage or other farm use or devote more than 10,000 square feet to the processing activities within another building supporting farm uses. Chapter 18-16 9 (07/2010) 2. A processing facility shall comply with all applicable siting standards, but the standards shall not be applied in a manner that prohibits the siting of the processing facility. 3. The County shall not approve any division of a lot or parcel that separates a processing facility from the farm operation on which it is located. -(Ord. 2010-022 §2, 2010; Ord. 2009-014 § 1, 2009; Ord. 2008-001 §2, 2008; Ord. 2004-001 §2, 2004, Ord. 2011-XXX) 18.16.040. Limitations on Conditional Uses. A. Conditional uses permitted by DCC 18.16.030 may be established subject to ORS 215.296 and applicable provisions in DCC 18.128 and upon a finding by the Planning Director or Hearings Body that the proposed use: 1. Will not force a significant change in accepted farm or forest practices as defined in ORS 215.203(2)(c) on adjacent lands devoted to farm or forest uses; and 2. Will not significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use; and 3. That the actual site on which the use is to be located is the least suitable for the production of farm crops or livestock. B. A commercial activity allowed under DCC 18.16.030(F) shall be associated with a farm use occurring on the parcel where the commercial use is proposed. The commercial activity may use, process, store or market farm products produced outside of Deschutes County. C. A power generation facility that is part of a commercial utility facility for the purpose of generating power for public use by sale identified in DCC 18.16.030(L) and: 1. That is located on high-value farmland shall not preclude more than 12 acres from use as a commercial agricultural enterprise unless an exception is taken pursuant to ORS 197.732 and Oregon Administrative Rules 660, Division 004. 2. That is located on nonhigh-value farmland shall not preclude more than 20 acres from use as a commercial agricultural enterprise unless an exception is taken pursuant to ORS 197.732 and Oregon Administrative Rules 660, Division 4. D. No aircraft may be based on a personal-use airport identified in DCC 18.16.030(M) other than those owned or controlled by the owner of the airstrip. Exceptions to the activities permitted under this definition may be granted through waiver action by the Oregon Department of Aviation in specific instances. A personal use airport lawfully existing as of September 13, 1975, shall continue to be permitted subject to any applicable rules of the Oregon Department of Aviation. E. The facility for the primary processing of forest products identified in DCC 18.16.030 is intended to be portable or temporary in nature. Such a facility may be approved for a one-year period which is renewable. F. Batching and blending mineral and aggregate into asphaltic cement may not be authorized within two miles of a planted vineyard. Planted vineyard means one or more vineyards totaling 40 acres or more that are planted as of the date of the application for batching and blending is filed. G. Accessory uses for golf courses shall be limited in size and orientation on the site to serve the needs of persons and their guests who patronize the golf course to golf. An accessory use that provides commercial services (e.g., pro shop, etc.) shall be located in the clubhouse rather than in separate buildings. Accessory uses may include one or more food and beverage service facilities in addition to food and beverage service facilities located in a clubhouse. Food and beverage service facilities must be part of and incidental to the operation of the golf course and must be limited in size and orientation on the site to service only the needs of persons who patronize the golf course and their guests. Accessory food and beverage service facilities shall not be designed for or include structures for banquets, public gatherings or public entertainment. H. An expansion of an existing golf course as allowed under DCC 18.16.033(C) shall comply with the definition of "golf course" set forth in DCC Title 18 and the provisions of DCC 18.16.040(A). Chapter 18-16 10 (07/2010) I. An applicant for a nonfarm conditional use may demonstrate that the standards for approval will be satisfied through the imposition of conditions. Any conditions so imposed shall be clear and objective. J. For purposes of approving a conditional use permit for a lot of record dwelling under DCC 18.16.030, the soil class, soil rating or other soil designation of a specific lot or parcel may be changed if the property owner: 1. Submits a statement of agreement from the Natural Resources Conservation Service of the United States Department of Agriculture that the soil class, soil rating or other soil designation should be adjusted based on new information; or 2. Submits a report from a soils scientist whose credentials are acceptable to the State Department of Agriculture that the soil class, soil rating or other soil designation should be changed; and 3. Submits a statement from the State Department of Agriculture that the Director of Agriculture or the director's designee has reviewed the report described in 2 above and finds the analysis in the report to be soundly and scientifically based. K. Except on a lot or parcel contiguous to a lake or reservoir, a private campground shall not be allowed within three miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732 and OAR chapter 660, division 004. a. A private campground may provide yurts for overnight camping. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a yurt. b. The yurt shall be located on the ground or on a wood floor with no permanent foundation. c. As used in this paragraph, "yurt" means a round, domed shelter of cloth or canvas on a collapsible frame with no plumbing, sewage disposal hook-up or internal cooking appliance. d. A campground shall be designed and integrated into the rural agricultural and forest environment in a manner that protects the natural amenities of the site and provides buffers of existing native trees and vegetation or other natural features between campsites. L. A living history museum shall be related to resource based activities and be owned and operated by a governmental agency or a local historical society. a. A living history museum may include limited commercial activities and facilities that are directly related to the use and enjoyment of the museum and located within authentic buildings of the depicted historic period or the museum administration building, if areas other than an exclusive farm use zone cannot accommodate the museum and related activities, or if the museum administration buildings and parking lot are located within one-quarter mile of an urban growth boundary. b. As used in this paragraph, a "living history museum" means a facility designed to depict and interpret everyday life and culture of some specific historic period using authentic buildings, tools, equipment and people to simulate past activities and events; and "local historical society" means the local historic society recognized by the County and organized under ORS Chapter 65. (Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2006-008 §3, 2006; Ord. 2004-001 §2, 2004; Ord. 98-030 §1, 1998; Ord. 95-075 §1, 1995; Ord. 95-007 §14, 1995; Ord. 92-065 §3, 1992; Ord. 91-038 §1 and 2,1991; Ord. 91-020 §1, 1991; Ord. 91-011 §1, 1991) 18.16.042 Agri-Tourism Limited Uses - High Value and Nonhigh Value Farmland. A. Agri-tourism means a commercial enterprise at a working farm or ranch, operated in conjunction with the primary farm or ranch use, conducted for the enjoyment and/or education of visitors, that promotes successful agriculture, generates supplemental income for the owner and complies with Oregon Statue and Rule. B. Up to six agxi-tourism and other commercial events or activities in a calendar year on a tract may be approved by a limited use permit for two calendar years that is personal to the applicant and is not transferred by, or transferred with, a conveyance of the tract. The agri-tourism or other commercial events or activities: 1. Must be incidental and subordinate to existing farm use of the tract. 2. May not, individually, exceed a duration of 72 consecutive hours. Chapter 18-16 11 (07/2010) 3. Must comply with ORS 215.296. 4. Must comply with DCC 18.16.046, DCC 18.16.048, and 18.124. 5. May be renewed for an additional two years based on: a. An application for renewal. b. Compliance with this section, DCC 8.08. DCC 18.16.046, DCC 18.16.048, DCC 18.124. c. Compliance with conditions that apply to the agri-tourism limited use permit. C. In addition to DCC 18.16.042(8), awi-tourism or other commercial events or activities may occur more frequently or for a longer period subject to: 1. Are incidental and subordinate to existing commercial farm use of the tract and are necessary to support the commercial farm uses or the commercial agricultural enterprises in the area; 2. Occur on a lot or parcel that complies with the acknowledged minimum lot or parcel size; and 3. Limited to 18 calendar days per calendar year, exclusive of set-up and take-down activities. 4. May be renewed for additional four years intervals based on: a. An application for renewal; b. Public notice and public comment as part of the review process; c. Compliance with this section, DCC 8.08, DCC 18.16.046, DCC 18.16.048, DCC 18.124; and d. Compliance with conditions that apply to the agri-tourism limited use permit. (Ord. 2011-XXX § 1, 20XX) 18.16.044 Standards and Criteria for Agri-Tourism, Commercial Events and Activities, Private Parks, Home Occupations and Wineries A. General standards and criteria applicable to Agri-tourism, Commercial Events and Activities, Private Parks, and Home Occupations. Wineries are not subject to the general standards and criteria of this section. 1. Definitions: a. Agri-tourism, commercial event, or commercial activity means any meeting, celebratory atg hering or similar commercial uses consisting of any assembly of persons for any duration that is held on private property and for which the owner of private property receives compensation to allow the gathering or activity to occur on the property. b. An event venue means a property used to host commercial events. c. A permanent structure means any conventional structure not otherwise classified as a temporary structure. d. A temporary structure or facility means any nonpermanent structure or sanitation facility, which includes tents, trailers, chemical toilet facilities and other non-permanent structures customarily erected or sited for temporary use. 2. An application to conduct commercial events shall identify the types of commercial events that are authorized during each calendar year, including the number and duration of the agri-tourism or other commercial events, the anticipated daily attendance and the hours of operation.3. Set-up and take down of all temporary structures and facilities shall occur up to one business day prior to the event or activity and one business day after the event or activity between 7:00 a.m. and 7:00 p.m. 4. The agri-tourism or other commercial event and activities owner is required to submit in writing the list of calendar days scheduled for commercial events and activities in writing by April 1 of the subject calendar year to Deschutes County's Community Development Department and Sheriff s Office, and all property owners within 500 feet of the subject property. The agri-tourism or other commercial events and activities operator may amend the list of calendar dates, and is required to submit the amended list to the same entities within 72 hours of any date change. 5. The siting of commercial event shall be subject to the following criteria: a. Identify the types and locations of all permanent and temporary structures, access and egress, and parking facilities to accommodate the maximum anticipated daily attendance at commercial events. Chapter 18-16 12 (07/2010) b. The Planning Director or Hearings Body may require landscaping, berming, fencing, or other noise or sight obscuring mechanism to ensure effective screening, to minimize potential off-site impacts. c. May not, in combination with other agri-tourism or other commercial events or activities authorized in the area, materially alter the stability of the land use pattern in the area, nor displace any existing farming activity on the subject or adjacent properties, and comply with DCC 18.16.040(1-3). d. May not require that a new permanent structure be built, used or occupied in connection with the agri-tourism or other commercial events or activities. B. Public Health and Safety Standards and Criteria Applicable to Agri-tourism, Commercial Events and Activities, Private Parks, Home Occupations and Wineries: 1. No event, gathering or activity may begin before 7:00 a.m. or end after 10:00 p.m., including set-up and take-down activities of temporary structures. Overnight camping is not allowed. Sanitation facilities shall include, at a minimum, portable restroom facilities and stand-alone hand washing stations. 2. Sound amplification outside of fully enclosed permanent structures shall: A. Not begin before 8:00 a.m. or end after 8:00 p.m. B. Be in compliance at all times with DCC 8.08, Noise Control. C. Not allowed within 250 feet of a dwelling on an adjoining propegy 3. A traffic management plan shall be submitted with the application and shall address traffic at impacted roads and intersections, and on-site and: A. Include the projected number of vehicles and any anticipated use of public roads. B. Must demonstrate that traffic control is in compliance with the current Manual on Traffic Control Devices standards. C. Any flaggers shall be certified by the State of Oregon. D Demonstrate that the parcel, lot or tract has direct access. Direct access means that the lot, parcel or tract on which commercial events will occur: 1. Fronts on a public road, or 2. Is accessed by an access easement or private road, and all underlying property owners and property owners taking access between the subject property and the public road consent in writing to the use of the road for commercial events at the time of initial application.. 4. Sight distance and roadway widths shall be adequate for the proposed use. Driveways extending from paved roads shall have a paved apron, requiring review and approval by the County Road Department. 5. Roadways, driveway aprons, driveways and parking surfaces shall be surfaces that prevent dust, and may include paving, gravel, cinders, or bark/wood chips. 6. All permanent and temporary structures and facilities are subject to fire, health and life safety requirements, and shall comply with all requirements of the Deschutes County Building Safety Division and the Environmental Soils Division and any other applicable federal, state and local laws. Compliance with the requirements of the Deschutes County Building Safety Division shall include meeting all building occupancy classification requirements of the State of Oregon adopted building code. 7. The maximum number of commercial events on a lot, parcel or tract may not exceed the total number of commercial allowed by any individual land use approval, including events authorized under DCC Chapter 8.16. Event permits cannot be combined. (Ord. 2011-XXX § 1, 20XX) 18.16.050. Standards for Dwellings in the EFU Zones. Dwellings listed in DCC 18.16.025 and 18.16.030 may be allowed under the conditions set forth below for each kind of dwelling, and all dwellings are subject to the landowner for the property upon which the Chapter 18-16 13 (07/2010) dwelling is placed, signing and recording in the deed records for the County, a document binding the landowner, and the landowner's successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.936 or 30.937. A. Farm-related dwellings on nonhigh value farmland. A dwelling customarily provided in conjunction with farm use, as listed in DCC 18.16.030(A), may be approved if it satisfies any of the alternative tests set forth below: 1. Acreage test. a. On land not identified as high-value farmland, a dwelling, including a manufactured home in accordance with DCC 18.116.070, may be considered customarily provided in conjunction with farm use if- i. The parcel on which the dwelling will be located is at least: (a) One hundred sixty acres and not in the Horse Ridge East subzone; or (b) Three hundred twenty acres in the Horse Ridge East subzone; ii. The subject tract is currently employed for farm use, as defined in DCC 18.04.030, and which is evidenced by a farm management plan; iii. The dwelling will be occupied by a person or persons who will be principally engaged in the farm use of the land, such as planting, harvesting, marketing or caring for livestock, at a commercial scale; iv. There is no other dwelling on the subject tract, except as allowed under DCC 18.16.020(K); and 2. Median acreage/gross sales test. a. On land not identified as high-value farmland, a dwelling, including a manufactured home in accordance with DCC 18.116.070, may be considered customarily provided in conjunction with farm use if. i. The subject tract is at least as large as the median size of those commercial farm or ranch tracts capable of generating at least $10,000 in annual gross sales that are located within a study area that includes all tracts wholly or partially within one mile of the perimeter of the subject tract; ii. The subject tract is capable of producing at least the median level of annual gross sales of County indicator crops as the same commercial farm or ranch tracts used to calculate the tract size in DCC 18.16.050(A)(2)(a)(i); iii. The subject tract is currently employed for farm use, as defined in DCC 18.04.030, and which is evidenced by a farm management plan, at a level capable of producing the annual gross sales required in DCC 18.16.050(A)(2)(a)(ii). If no farm use has been established at the time of application, land use approval shall be subject to a condition that no building permit may be issued prior to establishment of the farm use capable of meeting the median income test. iv. The subject lot or parcel on which the dwelling is proposed is at least 20 acres in size; v. There is no other dwelling on the subject tract, except as allowed under DCC 18.16.020(K); and vi. The dwelling will be occupied by a person or persons who will be principally engaged in the farm use of the land, such as planting, harvesting, marketing or caring for livestock, at a commercial scale. b. For the purpose of calculating appropriate tract sizes and gross incomes to satisfy DCC 18.16.050(A)(2)(a)(i) and (ii), the County will utilize the methodology contained in Oregon Administrative Rules 660-33-135(3) using data on gross sales per acre tabulated by LCDC pursuant to Oregon Administrative Rules 660-33-135(4). 3. Gross annual income test. Chapter 18-16 14 (07/2010) a. On land not identified as high-value farmland, a dwelling, including a manufactured home in accordance with DCC 18.116.070, may be considered customarily provided in conjunction with farm use if- i. The subject tract is currently employed for a farm use that produced $32,500 in gross annual income in the last two years or three of the last five years. ii. There is no other dwelling on the subject tract, except as allowed under 18.16.020(x); iii. The dwelling will be occupied by a person or persons who produced the commodities which grossed the income in DCC 18.16.050(A)(3)(a)(i); and b. In determining gross income, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract. c. Noncontiguous lots or parcels zoned for farm use in the same county or contiguous counties may be used to meet the gross income requirements. d. Only gross income from land owned, not leased or rented, shall be counted; and gross farm income earned from a lot or parcel which has been used previously to qualify another lot or parcel for the construction or siting of a primary farm dwelling may not be used. e. Prior to a dwelling being approved under this section that requires one or more contiguous or noncontiguous lots or parcels of a farm or ranch operation to comply with the gross farm income requirements, the applicant shall provide evidence that the covenants, conditions and restrictions form attached to Chapter 18.16, has been recorded with the county clerk or counties where the property subject to the covenants, conditions and restrictions is located. 1. The covenants, conditions and restrictions shall be recorded for each lot or parcel subject to the application for primary farm dwelling and shall preclude: a. All future rights to construct a dwelling except for accessory farm dwellings, relative farm assistance dwellings, temporary hardship dwellings or replacement dwellings allowed under ORS Chapter 215; and b. The use of any gross farm income earned on the lots or parcels to qualify another lot or parcel for a primary farm dwelling; c. The covenants, conditions and restrictions are irrevocable, unless a statement of release is signed by an authorized representative of the county or counties where the property subject to the covenants, conditions and restrictions is located; d. The failure to follow the requirements of this section shall not affect the validity of the transfer of property or the legal remedies available to the buyers of property which is subject to the covenants, conditions and restrictions required by this section. B. Farm related dwellings on high value farmland. On land identified as high-value farmland, a dwelling, including a manufactured home in accordance with DCC 18.116.070, may be considered customarily provided in conjunction with farm use if 1. The subject lot or parcel is currently employed for the farm use as defined in DCC 18.04.030 that produced at least $80,000 in gross annual income from the sale of farm products in the last two years or three of the last five years, and the lot or parcel on which the dwelling is proposed is at least the size of the minimum lot or parcel size in the subzone. In determining gross income, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract; 2. There is no other dwelling on the subject tract, except as allowed under 18.16.020(x); 3. The dwelling will be occupied by a person or persons who produced the commodities which grossed the income under DCC 18.16.050(B)(1); and 4. Noncontiguous lots or parcels zoned for farm use in the same county or contiguous counties may be used to meet the gross income requirements; 5. Only gross income from land owned, not leased or rented, shall be counted; and gross farm income earned from a lot or parcel which has been used previously to qualify another lot or parcel for the construction or siting of a primary farm dwelling may not be used. 6. Prior to a dwelling being approved under this section that requires one or more contiguous or noncontiguous lots or parcels of a farm or ranch operation to comply with the gross farm income Chapter 18-16 15 (07/2010) requirements, the applicant shall provide evidence that the covenants, conditions and restrictions form attached to Chapter 18.16, has been recorded with the county clerk. The covenants, conditions and restrictions shall be recorded for each lot or parcel subject to the application for primary farm dwelling and shall preclude: a. All future rights to construct a dwelling except for accessory farm dwellings, relative farm assistance dwellings, temporary hardship dwellings or replacement dwellings allowed by ORS Chapter 215; and b. The use of any gross farm income earned on the lots or parcels to qualify another lot or parcel for a primary farm dwelling. C. Accessory dwelling. A dwelling, including a manufactured home in accordance with DCC 18.116.070, is considered to be an accessory farm dwelling customarily provided in conjunction with farm use when: 1. The accessory dwelling meets the following criteria: a. The accessory farm dwelling will be occupied by a person or persons who will be principally engaged in the farm use of the land and whose seasonal or year-round assistance in the management of the farm use, such as planting, harvesting, marketing or caring for livestock, is or will be required by the farm operator; and b. The accessory farm dwelling will be located: i. On the same lot or parcel as the primary farm dwelling; or ii. On the same tract as the primary farm dwelling when the lot or parcel on which the accessory farm dwelling will be sited is consolidated into a single parcel with all other contiguous lots and parcels in the tract; or iii. On a lot or parcel on which the primary farm dwelling is not located, when the accessory farm dwelling is limited to only a manufactured home and a deed restriction substantially in compliance with the form set forth in Exhibit A to DCC 18.16 is filed with the County Clerk. The deed restriction shall require the manufactured dwelling to be removed when the lot or parcel is conveyed to another party. The manufactured home may remain if it is reapproved under DCC 18.16.050; or iv. On a lot or parcel on which the primary farm dwelling is not located, when the accessory farm dwelling is located on a lot or parcel at least the size of the applicable minimum lot size under DCC 18.16.065 and the lot or parcel complies with the gross farm income requirements in DCC 18.16.050(A)(3) or (B)(1), whichever is applicable; and c. There is no other dwelling on land zoned EFU owned by the farm operator that is vacant or currently occupied by persons not working on the subject farm or ranch and that could reasonably be used as an accessory farm dwelling; and 2. The primary farm dwelling to which the proposed dwelling would be accessory meets one of the following: a. On land not identified as high-value farmland, the primary farm dwelling is located on a farm or ranch operation that is currently employed in farm use and produced $32,500 in gross annual sales in the last two years or three of the last five years. In determining gross income, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract; or b. On land identified as high-value farmland, the primary farm dwelling is located on a farm or ranch operation that is currently employed for farm use, and produced at least $80,000 in gross annual income from the sale of farm products in the last two years or three of the last five years. Gross income shall be calculated by deducting the cost of purchased livestock from the total gross income attributed to the tract; and 3. A lot or parcel approved for an accessory farm dwelling under DCC 18.16.050 shall not be approved for a division of land except as provided for in DCC 18.16.055(B). 4. An accessory farm dwelling approved pursuant to this section cannot later be used to satisfy the requirements for a nonfarm dwelling pursuant to DCC 18.16.050(G). D. Relative farm assistance dwelling. Chapter 18-16 16 (07/2010) 1. A dwelling listed in DCC 18.16.030(B) is allowed when: a. The subject tract is at least 40 acres in size, unless it is demonstrated to the Planning Director or Hearings Body that a smaller unit of land is a commercial agricultural enterprise. b. The subject tract is used for farm use; c. The dwelling is a manufactured home and is sited in accordance with DCC 18.116.070, or is a pre-existing site-built home that: (1) was established at least 30 years prior to the date the land use permit was submitted and (2) is located on a parcel of at least 40 acres in size and that meets the minimum irrigated acres standard for the subzone within which it is located; d. The dwelling is located on the same lot or parcel as the dwelling of the farm operator, and is occupied by a relative of the farm operator or farm operator's spouse, including a grandparent, step-grandparent, grandchild, parent, step-parent, child, brother, sister, sibling, step-sibling, niece, nephew, or first cousin of either, if the farm operator does, or will, require the assistance of the relative in the management of the farm use. 1. Notwithstanding ORS 92.010 to 92.190 or the minimum lot or parcel size requirements under ORS 215.780, if the owner of a dwelling described in this subsection obtains construction financing or other financing secured by the dwelling and the secured party forecloses on the dwelling, the secured party may also foreclose on the homesite, as defined in ORS 308A.250, and the foreclosure shall operate as a partition of the homesite to create a new parcel. 2. Prior conditions of approval for the subject land and dwelling remain in effect. 3. For purposes of this subsection, "Foreclosure" means only those foreclosures that are exempt from partition under ORS 92.010(7)(a). e. The farm operator plays the predominant role in the management and farm use of the farm and will continue to do so after the relative farm help dwelling is approved. f. Any approval granted under DCC 18.16.050 shall be conditioned with a requirement that the farm operator annually submit a report to the Planning Division identifying the resident(s) of the dwelling, their relationship to the farm operator, the assistance the resident provides to the farm operator, and verifying the farm operator's continued residence on the property and the predominant role the farm operator continues to play in the management and farm use of the farm. 2. A manufactured home permitted under DCC 18.16.050 shall be considered to be a temporary installation, and permits for such home shall be renewable and renewed on an annual basis. The manufactured home shall be removed from the property if it no longer meets the criteria of DCC 18.16.050 and the approval shall be so conditioned. 3. A pre-existing dwelling approved under DCC 18.16.050 shall be removed or converted to an allowable use within one year of the date the relative farm help dwelling no longer meets the criteria of DCC 18.16.050 and the approval shall be so conditioned. 4. Upon approval of a dwelling under DCC 18.16.050, a Conditions of Approval Agreement shall be recorded with the Deschutes County Clerk prior to issuance of any building or placement permit for the new dwelling on the property. 5. For the purposes of DCC 18.16.050(D), a farm operator is a person who operates a farm, doing the work and making the day-today decisions about such things as planting, harvesting, feeding and marketing. E. Lot of record dwelling on nonhigh value farmland. 1. A lot of record dwelling may be approved on nonhigh value farmland when all of the following requirements are met: a. The lot or parcel on which the dwelling will be sited was lawfully created and was acquired and owned continuously by the present owner: i. Prior to January 1, 1985; or ii. By devise or by intestate succession from a person who acquired and owned continuously the lot or parcel prior to January 1, 1985. Chapter 18-16 17 (07/2010) b. The tract on which the dwelling will be sited does not include a dwelling. c. For lots or parcels located within a wildlife area (WA) combining zone, siting of the proposed dwelling would be consistent with the limitations on density as applied under the applicable density restrictions of DCC 18.88. d. If the lot or parcel on which the dwelling will be sited is part of a tract, the remaining portions of the tract shall be consolidated into a single lot or parcel when the dwelling is allowed. e. The County Assessor shall be notified of any approval of a dwelling under DCC 18.16.050. f. If the lot or parcel on which the dwelling will be sited was part of a tract on November 4, 1993, no dwelling exists on another lot or parcel that was part of the tract; 2. For purposes of DCC 18.16.050(E), "owner" includes the wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, step-parent, step-child, grandparent or grandchild of the owner or a business entity owned by any one or a combination of these family members. 3. For purposes of DCC 18.16.050(E), the date of creation and existence means that, when a lot, parcel or tract is reconfigured pursuant to applicable law after November 4, 1993, the effect of which is to qualify a lot, parcel or tract for the siting of a lot of record dwelling, the date of the reconfiguration is the date of creation and existence. Reconfigured means any change in the boundary of the lot, parcel or tract. F. Lot of record dwelling on high-value farmland. 1. A lot of record dwelling will be approved on high value farmland when all of the following requirements are met: a. The requirements set forth in DCC 18.16.050(E)(1)(a) through (f), as determined by the County; and b. The requirements of Oregon Administrative Rules 660-33-130(3)(c)(C), as determined by the County hearings officer. 2. Applicants under DCC 18.16.050(F) shall make their application to the County. The County shall notify the State Department of Agriculture at least 20 calendar days prior to the public hearing under DCC 18.16.050(F)(1)(b). 3. Applicants under DCC 18.16.050(F) shall be subject to such other procedural requirements as are imposed by the Oregon Department of Agriculture. 4. For purposes of DCC 18.16.050(F), the date of creation and existence means that, when a lot, parcel or tract is reconfigured pursuant to applicable law after November 4, 1993, the effect of which is to qualify a lot, parcel or tract for the siting of a lot of record dwelling, the date of the reconfiguration is the date of creation and existence. Reconfigured means any change in the boundary of the lot, parcel or tract. G. Nonfarm dwelling. 1. One single-family dwelling, including a manufactured home in accordance with DCC 18.116.070, not provided in conjunction with farm use, may be permitted on an existing lot or parcel subject to the following criteria: a. The Planning Director or Hearings Body shall make findings that: i. The dwelling or activities associated with the dwelling will not force a significant change in or significantly increase the cost of accepted farming practices, as defined in ORS 215.203(2)(c), or accepted forest practices on nearby lands devoted to farm or forest use. ii. The proposed nonfarm dwelling will not materially alter the stability of the overall land use pattern of the area. In determining whether a proposed nonfarm dwelling will alter the stability of the land use pattern in the area, the County shall consider the cumulative impact of nonfarm dwellings on other lots or parcels in the area similarly situated, by applying the standards under OAR 660-033-0130(4)(a)(D), and whether creation of the parcel will lead to creation of other nonfarm parcels, to the detriment of agriculture in the area. iii. The proposed nonfarm dwelling is situated on an existing lot or parcel, or a portion of a lot or parcel that is generally unsuitable for the production of farm crops and livestock or Chapter 18-16 18 (07/2010) merchantable tree species, considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, location and size of the tract. iv. The proposed nonfarm dwelling is not within one-quarter mile of a dairy farm, feed lot or sales yard, unless adequate provisions are made and approved by the Planning Director or Hearings Body for a buffer between such uses. The establishment of a buffer shall be designed based upon consideration of such factors as prevailing winds, drainage, expansion potential of affected agricultural uses, open space and any other factor that may affect the livability of the nonfarm-dwelling or the agriculture of the area. Road access, fire and police services and utility systems (i.e., electrical and telephone) are adequate for the use. v. The nonfarm dwelling shall be located on a lot or parcel created prior to January 1, 1993, or was created or is being created as a nonfarm parcel under the land division standards in DCC 18.16.055(B) or (C). 2. For the purposes of DCC 18.16.050(G) only, "unsuitability" shall be determined with reference to the following: a. A lot or parcel or a portion of a lot or parcel shall not be considered unsuitable solely because of size or location if it can reasonably be put to farm or forest use in conjunction with other land. If the parcel is under forest assessment, the dwelling shall be situated upon generally unsuitable land for the production of merchantable tree species recognized by the Forest Practices Rules, considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, location and size of the parcel. b. A lot or parcel or portion of a lot or parcel is not "generally unsuitable" simply because it is too small to be farmed profitably by itself. If a lot or parcel or portion of a lot or parcel can be sold, leased, rented or otherwise managed as part of a commercial farm or ranch, it is not "generally unsuitable." A lot or parcel or portion of a lot or parcel is presumed to be suitable if it is composed predominantly of Class INI soils. Just because a lot or parcel or portion of a lot or parcel is unsuitable for one farm use does not mean it is not suitable for another farm use. If the parcel is under forest assessment, the area is not "generally unsuitable" simply because it is too small to be managed for forest production profitably by itself. c. If a lot or parcel under forest assessment can be sold, leased, rented or otherwise managed as a part of a forestry operation, it is not "generally unsuitable." If a lot or parcel is under forest assessment, it is presumed suitable if it is composed predominantly of soil capable of producing 20 cubic feet of wood fiber per acre per year. If a lot or parcel is under forest assessment, to be found compatible and not seriously interfere with forest uses on surrounding land it must not force a significant change in forest practices or significantly increase the cost of those practices on the surrounding land. 3. Loss of tax deferral. Except as provided in DCC 18.16.050(1)(2), pursuant to ORS 215.236, a nonfarm dwelling on a lot or parcel in an Exclusive Farm Use zone that is or has been receiving special assessment may be approved only on the condition that before a building permit is issued the applicant must produce evidence from the County Assessor's office that the parcel upon which the dwelling is proposed has been disqualified under ORS 308A.113 or ORS 308A.116 for special assessment at value for farm use under ORS 308A.062 or other special assessment under ORS 308A.068, 321.352, 321.730 or 321.815 and that any additional tax or penalty imposed by the County Assessor as a result of disqualification has been paid. H. Temporary hardship dwelling. 1. A temporary hardship dwelling listed in DCC 18.16.030 is allowed under the following conditions: a. The dwelling is a manufactured home or recreational vehicle, and is used in conjunction with an existing dwelling on the lot or parcel; b. The manufactured home or recreational vehicle would be temporarily sited on the lot or parcel only for the term of a hardship suffered by the existing resident or relative of the resident. The manufactured dwelling shall be removed or demolished within three months of the date the Chapter 18-16 19 (07/2010) hardship no longer exists. The recreational vehicle shall not be occupied once the term of the medical hardship is completed, except as allowed under DCC 18.116.095. A temporary residence approved under this section is not eligible for replacement under DCC 18.16.0200; c. The existence of a medical hardship is verified by a written doctor's statement, which shall accompany the permit application; and d. The temporary manufactured home uses the same subsurface sewage disposal system used by the existing dwelling, provided that the existing disposal system is adequate to accommodate the additional dwelling. If the manufactured home will use a public sanitary sewer system, such condition will not be required. e. If a recreational vehicle is used as a medical hardship dwelling, it shall be required to have a bathroom, and shall meet the minimum setbacks established under DCC 18.16.070. 2. Permits granted under DCC 18.16.050(H) shall be subject to the provisions of DCC 18.116.090 and shall be required to meet any applicable DEQ review and removal requirements as a condition of approval. 3. As used in DCC 18.16.050(H), the term "hardship" means a medical hardship or hardship for the care of an aged or infirm person or persons. 4. As used in DCC 18.16.050(H), the term "relative" means grandparent, step-grandparent, grandchild, parent, step-parent, child, step-child, brother, sister, sibling, step-sibling, niece, nephew, uncle, aunt, or first cousin of the existing resident. 5. The proposed hardship dwelling or recreational vehicle shall meet the criteria under DCC 18.16.040(A)(1-2) and DCC 18.16.0200(6). 1. Wildlife conservation plan dwelling. 1. A dwelling listed in DCC 18.16.030(G) is allowed when the Planning Director or the Hearings Body finds that the proposed dwelling: a. Is situated on a lot or parcel existing on November 4, 1993, that qualifies for a farm dwelling, as listed in DCC 18.16.030(A), or a nonfarm dwelling, as listed in DCC 18.16.030(C); b. Will not force a significant change in accepted farm or forest practices on surrounding lands devoted to farm or forest use; c. Will not significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use; d. Will not be established on a lot or parcel that is predominantly composed of soils rated Class 1 or 11, when not irrigated, or rated Prime or Unique by the United States Natural Resources Conservation Service or any combination of such soils; and e. Is the only dwelling situated on the affected lot or parcel. 2. For a wildlife conservation plan dwelling approval based upon nonfarm dwelling criteria, DCC 18.16.050(l) shall also apply. Unless prior to approval of a conditional use permit for a wildlife conservation plan dwelling the applicant submits to the assessor certification demonstrating approval by Oregon Department of Fish and Wildlife of a wildlife conservation and management plan and its implementation, the conditional use permit shall contain a condition requiring that the applicant, prior to issuance of a building permit for such dwelling, either 1) submit certification to the assessor from ODFW demonstrating approval and implementation of a wildlife conservation and management plan qualifying under ORS 215.808 or 2) pay the tax penalties required by DCC 18.16.050(G)(3). (Ord. 2009-014 §1, 2009; Ord. 2008-001 §2,2008; Ord. 2004-0020 §1, 2004; Ord. 2004-013 §2, 2004; Ord. 2004-001 §2, 2004; Ord. 98-033 §1, 1998; Ord. 98-030 §1, 1998; Ord. 95-007 §15, 1995; Ord. 94-026 §1, 1994; Ord. 92-065 §3, 1992; Ord. 91-038 §§2 and 3, 1991; Ord. 91-020 §1, 1991) 18.16.055. Land Divisions. A. General. A division of land in the exclusive farm use zone shall be identified on the land division application as either an irrigated land division, nonirrigated land division, or a division of land for a use Chapter 18-16 20 (07/2010) permitted by DCC 18.16.030 other than a dwelling. An irrigated land division is subject to subsection B below; a noninigated land division is subject to subsection C below; and a land division for a use other than a dwelling is subject to subsection E below. B. Irrigated land division. 1. An irrigated land division shall be subject to the minimum lot or parcel size requirements of DCC 18.16.065, Subzones, and all applicable requirements of DCC Title 17. 2. Partitions establishing parcels less than the EFU minimum parcel size established under DCC 18.16.065, may be permitted to create new parcels for nonfarm dwellings as follows: a. If the parent parcel is equal to or greater than the minimum parcel size established under 18.16.065, and is less than 80 acres in size, one new nonfarm parcel may be created subject to the following: i. Parent parcel was lawfully created prior to July 1, 2001; ii. Remainder parcel shall meet the minimum lot size established under 18.16.065; iii. All standards established under 18.16.050(G) for the dwelling shall be met; iv. No minimum lot size shall be required for the nonfarm parcel. v. The parcel for the nonfarm dwelling is generally unsuitable for the production of farm crops and livestock or merchantable tree species considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, location and size of the tract. A parcel may not be considered unsuitable based solely on size or location if the parcel can reasonably be put to farm or forest use in conjunction with other land. b. If the parent parcel is equal to or greater than the minimum lot size established under 18.16.065, and is greater than or equal to 80 acres in size, two new nonfarm parcels may be created subject to the following: i. Parent parcel was lawfully created prior to July 1, 2001; ii. Remainder parcel shall meet the minimum lot size established under 18.16.065; iii. All standards established under 18.16.050(G) for the dwellings shall be met; iv. No minimum parcel size shall be required for the nonfarm parcel. v. The parcels for the nonfarm dwellings are generally unsuitable for the production of farm crops and livestock or merchantable tree species considering the terrain, adverse soil or land conditions, drainage or flooding, vegetation, location and size of the tract. A parcel may not be considered unsuitable based solely on size or location if the parcel can reasonably be put to farm or forest use in conjunction with other land. 3. The minimum size for new parcels does not mean that farm dwellings may be approved on the new parcels. 4, New dwellings in conjunction with farm use must satisfy the criteria in DCC 18.16.050. C. Nonirrigated land division. 1. The minimum lot or parcel size for a nonirrigated land division is 80 acres. 2. Notwithstanding 1 above, land divisions creating nonfarm parcels less than the minimum lot size may be allowed as follows: a. If the parent parcel is greater than 80 acres in size, up to two new nonfarm parcels may be allowed subject to the following: i. Parent parcel was lawfully created prior to July 1, 2001; ii. Remainder parcel shall be at least 80 acres in size; iii. All standards established under 18.16.050(G) for the dwellings shall be met; iv. The minimum size for the nonfarm parcels is 5 acres. v. The parcels for the nonfarm dwellings are generally unsuitable for the production of farm crops and livestock or merchantable tree species considering the terrain, adverse soil or land conditions, drainage or flooding, vegetation, location and size of the tract. A parcel may not be considered unsuitable based solely on size or location if the parcel can reasonably be put to farm or forest use in conjunction with other land. vi. Be located outside of the Horse Ridge East subzone. Chapter 18-16 21 (07/2010) b. If the parent parcel is greater than or equal to 40 acres and less than or equal to 80 acres, one new nonfarm parcel is allowed subject to the following: i. Parent parcel was lawfully created prior to July 1, 2001; ii. Parcels are not capable of producing more than 20 cubic feet per acre per year of wood fiber; iii. Parcels are composed of at least 90 percent Class VII and VIII soils, or are composed of at least 90 percent Class VI through VIII soils and are not capable of producing adequate herbaceous forage for grazing livestock; iv. Parcels shall not have established water rights for irrigation; V. All standards established under 18.16.050(G) for the dwellings shall be met; vi. The parcels for the nonfarm dwellings are generally unsuitable for the production of farm crops and livestock or merchantable tree species considering the terrain, adverse soil or land conditions, drainage or flooding, vegetation, location and size of the tract. A parcel may not be considered unsuitable based solely on size or location if the parcel can reasonably be put to farm or forest use in conjunction with other land vii. The minimum parcel size is 5 acres; viii. Be located outside of the Horse Ridge East subzone. D. Partitions in the Wildlife Area Combining Zones must meet the minimum parcel sizes established under DCC 18.88.050. E. A division of land for a use listed under 18.16.030 other than a dwelling. Such divisions shall be subject to the minimum parcel size requirements of DCC 18.16.060(C) and the applicable partitioning standards, including the general partition standards set forth in DCC 17.22, the Subdivision and Partition Ordinance. (Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2006-008 §3, 2006; Ord. 2004-001 §2, 2004; Ord. 2002-016 §1, 2002; Ord. 2001-016 §2, 2001; Ord. 95-007 §16, 1995; Ord. 94-026 §2, 1994; Ord. 92-065 §3, 1992) 18.16.060. Dimensional Standards. A. The minimum parcel size for irrigated land divisions created subject to DCC Title 17 shall be as specified under DCC 18.16.065, "Subzones." B. The minimum parcel size for nonirrigated land divisions created subject to DCC Title 17 is as specified under DCC 18.16.055(C). C. The minimum parcel size for all other uses permitted by DCC 18.16.030 shall be no greater than the minimum size necessary for the use. D. Each parcel shall have a minimum street frontage of 50 feet. E. Building height. No building or structure shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. (Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2002-016 §1, 2002; Ord. 2001-016 §2, 2001; Ord. 95-007 §17, 1995; Ord. 93-043 §3, 1993; Ord. 93-004 §1, 1993; Ord. 92-065 §3, 1992; Ord. 92-055 §1, 1992; Ord. 91-038 1 and 2, 1991; Ord. 91-020 § 1, 1991) 18.16.065. Subzones. A. Lower Bridge. A proposed irrigated land division must result in parcels that demonstrate the following characteristics or capabilities: One hundred thirty acres of irrigated land. B. Sisters/Cloverdale. A proposed irrigated land division must result in parcels that demonstrate the following characteristics or capabilities: Sixty-three acres of irrigated land. C. Terrebonne. A proposed irrigated land division must result in parcels that demonstrate the following characteristics or capabilities: Chapter 18-16 22 (07/2010) Thirty-five acres of irrigated land. D. Tumalo/RedmondBend. A proposed irrigated land division must result in parcels that demonstrate the following characteristics or capabilities: Twenty-three acres of irrigated land. E. Alfalfa. A proposed irrigated land division must result in parcels that demonstrate the following characteristics or capabilities: Thirty-six irrigated acres. F. La Pine. A proposed irrigated land division must result in parcels that demonstrate the following characteristics or capabilities: Thirty-seven acres of irrigated land. G. Horse Ridge East. Minimum parcel size for a land division is 320 acres. (Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2002-016 §1, 2002; Ord. 2001-016 §2, 2001; Ord. 95-007 §18, 1995; Ord. 92-065 §3, 1992) 18.16.067. Farm Management Plans. A. Contents. A farm management plan shall consist of the following components: 1. A written description of existing and/or proposed farm uses, including type of crops or livestock, size and location of areas for each use, and land or soil preparation required. 2. An assessment of the soils, climate and irrigation on the parcel demonstrating that the parcel is suitable for the current or proposed use outlined in DCC 18.16.067(A)(1). 3. A business plan, including a demonstration that markets exist for the product; estimates of gross sales or actual gross sales figures; estimated or actual figures concerning necessary expenditures; and a list of capital expenditures incurred or projected to be incurred in establishing the farm use on the parcel. 4. A written description of the farm uses in the area, including acreage, size and type of crop or livestock raised showing that the proposed plan is representative of similar farm uses, if any, in the area and will not conflict with the existing agriculture types. 5. For farm uses not currently practiced in the area, an analysis showing that the plan is representative of the type of agriculture proposed. B. Conditional approvals. 1. For purposes of land use approval, in instances where at the time of application the subject land is not currently in farm use, a farm management plan will be deemed to demonstrate current employment of the land for farm use i£ a. The farm management plan establishes a level of farming that constitutes a farm use; b. The farm management plan sets forth specific timelines for the completion of capital improvements (barns, fencing, irrigation, etc.) and for the establishment of the proposed farm use on the parcel; and c. Land use approval is subject to a condition that no building permit for the farm dwelling can be issued prior to a determination that pursuant to the farm management plan a farm use has been established on the subject land. 2. For purposes of determining under DCC 18.16.067 that a farm use has been established on the land, the County shall determine that the farm management plan has been implemented to the extent that the farm use has achieved the gross farm sales figure required under DCC 18.16.050. (Ord. 95-007 §19, 1995; Ord. 93-004 §2, 1993; Ord. 92-065 §3, 1992) 18.16.070. Yards. A. The front yard shall be a minimum of. 40 feet from a property line fronting on a local street, 60 feet from a property line fronting on a collector street, and 100 feet from a property line fronting on an arterial street. Chapter 18-16 23 (07/2010) B. Each side yard shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with side yards adjacent to property currently employed in farm use, and receiving special assessment for farm use, the side yard shall be a minimum of 100 feet. C. Rear yards shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with a rear yard adjacent to property currently employed in farm use, and receiving special assessment for farm use, the rear yard shall be a minimum of 100 feet. D. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. (Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 94-008 §16, 1994; Ord. 93-004 §3, 1993; Ord. 92-065 §3,1992; Ord. 91-038 §§1 and 2, 1991; Ord. 89-016 §1, 1989; Ord. 83-037 §8,1983) 18.16.080. Stream Setbacks. To permit better light, air, vision, stream pollution control, protection of fish and wildlife areas and preservation of natural scenic amenities and vistas along streams and lakes, the following setbacks shall apply: A. All sewage disposal installations, such as septic tanks and septic drainfields, shall be set back from the ordinary high water mark along all streams or lakes a minimum of 100 feet, measured at right angles to the ordinary high water mark. In those cases where practical difficulties preclude the location of the facilities at a distance of 100 feet and the County Sanitarian finds that a closer location will not endanger health, the Planning Director or Hearings Body may permit the location of these facilities closer to the stream or lake, but in no case closer than 25 feet. B. All structures, buildings or similar permanent fixtures shall be set back from the ordinary high water mark along all streams or lakes a minimum of 100 feet measured at right angles to the ordinary high water mark. (Ord. 91-038 §§l and 2, 1991; Ord. 91-020 §1, 1991) 18.16.090. Rimrock Setback. Notwithstanding the provisions of DCC 18.16.070, setbacks from rimrock shall be as provided in DCC 18.116.160 or 18.84.090, whichever is applicable. (Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 92-065 §3, 1992; Ord. 91-038 §§l and 2, 1991; Ord. 86-053 §5,1986) Chapter 18-16 24 (07/2010) EXHIBIT A DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Whereas the undersigned hereinafter referred to as "Declarant," is owner in fee simple of the property described in Exhibit A attached hereto and by this reference incorporated herein (the property); and Whereas, Declarant has received approval to site a manufactured home on the property described herein pursuant to land use permit No. for an accessory farm dwelling, issued by Deschutes County pursuant to Section 18.16.050(C) of the Deschutes County Code; Whereas Section 18.16.050(C)(1)(b)(iii) requires as a condition of approval the recording of a deed restriction in favor of Deschutes County requiring that any manufactured home sited under said permit be removed prior to any further conveyance of this property; and Whereas the Declarant desires to declare his/her intention to create covenants, conditions and restrictions necessary to effectuate and comply with the requirements of OAR 660-33-130(24)(a)(B)(iii) and Section 18.16.050(C) of the Deschutes County Code; Declarant hereby declares that all of the property described in Exhibit A shall be held, sold and conveyed subject to the following covenants, conditions and restrictions in favor of Deschutes County: Declarant shall cause to be removed any manufactured home sited on the property described herein pursuant to Deschutes County land use permit No. for an accessory dwelling prior to any further conveyance of the property. Declarant's obligations under this covenant shall not be extinguished by any subsequent conveyance made in disregard of these covenants, conditions and restrictions. These covenants, conditions, and restrictions shall in addition run with the land and be binding upon any of the Declarant's successors in interest should the property be transferred in disregard of this covenant. It is intended that this covenant shall have the same effect as a regulation designed to implement the comprehensive plan. This covenant may be enforced by Deschutes County by a suit in equity, or if Deschutes County fails to take such action, by any person described in ORS 215.188. These covenants, conditions and restrictions shall be released by the County upon proof that the requirements set forth herein have been met. Dated this day of (Signature) (notary seal) Chapter 18-16 25 (07/2010) 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 18.116.036 Special Parking Provisions for the Sunriver Town Center District 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 or RV 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 18.116.010. Authorization of Similar Uses. A. The purpose of DCC 18.116.010 is to, consistent with provisions of state law, provide for land uses not specifically listed in any zone, but which are similar in character, scale, impact and performance to a permitted or conditional use specified in a particular zone. B. Review Criteria. A similar use may be authorized by the Planning Director or Hearings Body provided that the applicant establishes that the proposed use meets the following criteria: 1. The use is not listed specifically in any zone; 2. The use is similar in character, scale, impact and performance to one or more of the permitted or conditional uses listed for the zone in which it is proposed; and Chapter 18.116 (7/2010) 3. The use is consistent with any applicable requirements of state law with respect to what uses may be allowed in the particular zone in question. Any similar use authorized by the Planning Director or Hearings Body shall conform to the applicable standards and requirements of the zone in which it is located, including any requirements for conditional use review set forth in DCC 18.128. C. Procedure: 1. A property owner may initiate a request for authorization of a similar use by filing an application with the Planning Division on forms prescribed by the division. 2. The Planning Director or Hearings Body shall consider a request for authorization of a similar use under the requirements of Title 22, the Deschutes County Uniform Development Procedures Ordinance. (Ord. 91-038 §3, 1991) 18.116.020. Clear Vision Areas. A. In all zones, a clear vision area shall be maintained on the corners of all property at the intersection of two streets or a street and a railroad. A clear vision area shall contain no planting, fence, wall, structure, or temporary or permanent obstruction exceeding three and one- half feet in height, measured from the top of the curb or, where no curb exists, from the established street centerline grade, except that trees exceeding this height may be located in this area provided all branches and foliage are removed to a height of eight feet above the grade. B. A clear vision area shall consist of a triangular area on the corner of a lot at the intersection of two streets or a street and a railroad. Two sides of the triangle are sections of the lot lines adjoining the street or railroad measured from the corner to a distance specified in DCC 18.116.020(B)(1) and (2). Where lot lines have rounded corners, the specified distance is measured from a point determined by the extension of the lot lines to a point of intersection. The third side of the triangle is the line connecting the ends of the measured sections of the street lot lines. The following measurements shall establish clear vision areas within the County: 1. In an agricultural, forestry or industrial zone, the minimum distance shall be 30 feet or at intersections including an alley, 10 feet. 2. In all other zones, the minimum distance shall be in relationship to street and road right of way widths as follows: Right of way Width Clear vision 80 feet or more 20 feet 60 feet 30 feet 50 feet and less 40 feet (Ord. 91-020 § 1, 1991) 18.116.030. Off-street Parking and Loading. A. Compliance. No building or other permit shall be issued until plans and evidence are presented to show how the off-street parking and loading requirements are to be met and that property is and will be available for exclusive use as off-street parking and loading. The subsequent use of the property for which the permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking and loading space required by DCC Title 18. B. Off-Street Loading. Every use for which a building is erected or structurally altered to the extent of increasing the floor area to equal a minimum floor area required to provide loading space and which will require the receipt or distribution of materials or merchandise by truck or Chapter 18.116 (7/2010) similar vehicle, shall provide off-street loading space on the basis of minimum requirements as follows: 1. Commercial, industrial and public utility uses which have a gross floor area of 5,000 square feet or more shall provide truck loading or unloading berths subject to the following table: S q. Ft. of Floor Area No. of Berths Required Less than 5,000 0 5,000-30,000 1 30,000-100,000 2 100,000 and Over 3 2. Restaurants, office buildings, hotels, motels, hospitals and institutions, schools and colleges, public buildings, recreation or entertainment facilities and any similar use which has a gross floor area of 30,000 square feet or more shall provide off-street truck loading or unloading berths subiect to the following table: S q. Ft. of Floor Area No. of Berths Required Less than 30,000 0 30,000-100,000 1 100,000 and Over 2 3. A loading berth shall contain space 10 feet wide, 35 feet long and have a height clearance of 14 feet. Where the vehicles generally used for loading exceed these dimensions, the required length of these berths shall be increased. 4. If loading space has been provided in connection with an existing use or is added to an existing use, the loading space shall not be eliminated if elimination would result in less space than is required to adequately handle the needs of the particular use. 5. Off-street parking areas used to fulfill the requirements of DCC Title 18 shall not be used for loading and unloading operations except during periods of the day when not required to take care of parking needs. C. Off-Street Parking. Off-street parking spaces shall be provided and maintained as set forth in DCC 18.116.030 for all uses in all zoning districts. Such off-street parking spaces shall be provided at the time a new building is hereafter erected or enlarged or the use of a building existing on the effective date of DCC Title 18 is changed. D. Number of Spaces Required. Off-street parking shall be provided as follows: 1. Residential. Use Requirements One, two and three 2 spaces per dwelling family dwellings unit Multi-family dwelling containing four or more dwelling units: Studio or efficiency 0.75 space per unit unit 1 bedroom 1.00 space per unit 2 bedroom 1.50 space per unit 3 bedroom 2.25 space per unit 4 bedroom 2.50 space per unit Apartment/hotel, 0.50 space guest rooming or boarding parking per dwelling house unit Quad or quint dwelling 4.50 spaces per quad and 5.50 s aces per Chapter 18.116 (7/2010) Use Requirements quint 2. Commercial Residential. Use Requirements Hotel 1 space per guest room plus 1 space per 2 em loyees. Motel 1 space per guest room or suite plus 1 additional space for the owner-manager Club or lodge Spaces to meet the combined requirements of the uses being conducted such as hotel, restaurant, auditorium, etc. Fraternity, sorority or 1 space for each 6 dormitory student beds 3. Institutions. Use Requirements Welfare or correctional 1 space per 3 beds for institution patients or inmates Convalescent Hospital, 1 space per 2 beds for nursing hospital, patients or residents sanitarium, rest home, home for the aged Hospital 1.50 spaces per bed 4. Places Of Public Assembly. Use Requirements Church 1 space per 4 seats or 8 feet of bench length in the main auditorium or 1 space for each 50 sq. ft. of floor area used for assembly Library, reading 1 space per 400 sq. ft. of room, museum, art floor area plus 1 space per gallery 2 employees Preschool, nursery 2 spaces per teacher or kindergarten Elementary or 1 space per 4 seats or 8 feet junior high schools of bench length in auditorium or assembly room, whichever is greater, plus 1 space per employee. High schools 1 space for each 6 students or 1 space per 4 seats or 8 feet of bench length in the Chapter 18.116 (7/2010) main auditorium, whichever is greater, plus 1 space per employee College or 1 space per 3 seats in commercial school classrooms for adults Other auditorium 1 space per 4 seats or 8 feet or meeting room of bench length. If no fixed seats or benches, 1 space per 60 sq. ft. of floor space. 5. Commercial Amusements. Use Requirements Stadium, arena or 1 space per 4 seats or 8 theater feet of bench length Bowling alley 6 spaces per lane, plus 1 space per 2 employees Dance hall or skating 1 space per 100 sq. ft. rink of floor area, plus 1 space per 2 employees. 6. Commercial. Use Requirements Grocery stores of 1,500 1 space per 300 sq. ft. sq. ft. or less of gross of gross floor areas floor area, and retail stores, except those selling bulky merchandise Supermarkets, grocery 1 space per 200 sq. ft. stores of oss or area Service or repair shops, 1 space per 600 sq. ft. retail stores and outlets of gross floor area selling furniture, automobiles or other bulky merchandise where the operator can show the bulky merchandise occupies the major area of the building Bank or office, except 1 space per 300 sq. ft. medical or dental of gross floor area Medical and dental 1 space per 150 sq. ft. office or clinic of gross floor area Eating or drinking 1 space per 100 sq. ft. establishments of gross floor area. Mortuaries 1 space per 4 seats or 8 ft. of bench length in chapels Chapter 18.116 (7/2010) 5. Parking, Front Yard. Required parking and loading spaces for multi-family dwellings or commercial and industrial uses shall not be located in a required front yard, except in the Sunriver UUC Business Park (BP) District and the La Pine UUC Business Park (LPBP) District and the LaPine UUC Industrial District (LPI), but such space may be located within a required side or rear yard. 6. On-Street Parking Credit. Notwithstanding DCC 18.116.030(G)(2), within commercial zones in the La Pine Planning Area and the Terrebonne and Tumalo unincorporated communities, the amount of required off-street parking can be reduced by one off-street parking space for every allowed on-street parking space adjacent to a property up to 30% of the required off-street parking. On-street parking shall follow the established configurations in the parking design standards under DCC 18.116.030 Table 1. To be considered for the parking credit, the proposed parking surface, along the street frontage under review, must have a defined curb line and improved as required under DCC 17.48, with existing pavement, or an engineered gravel surface. For purposes of establishing credit, the following constitutes an on-street parking space: a. Parallel parking (0 degree), each 20 feet of uninterrupted curb; b. Diagonal parking (60 degree), each with 11 feet of curb; c. Perpendicular parking (90 degree), each with 10 feet of curb; d. Curb space must be connected to the lot that contains the use; e. Parking spaces that would not obstruct a required clear vision area, nor any other parking that violates any law or street standard; and f. On-street parking spaces credited for a specific use may not be used exclusively by that use, but shall be available for general public use at all times. No signs or actions limiting general public use of on-street spaces are permitted. F. Development and Maintenance Standards for Off-Street Parking Areas. Every parcel of land hereafter used as a public or private parking area, including commercial parking lots, shall be developed as follows: 1. Except for parking to serve residential uses, an off-street parking area for more than five vehicles shall be effectively screened by a sight obscuring fence when adjacent to residential uses, unless effectively screened or buffered by landscaping or structures. 2. Any lighting used to illuminate off-street parking areas shall be so arranged that it will not project light rays directly upon any adjoining property in a residential zone. 3. Groups of more than two parking spaces shall be located and designed to prevent the need to back vehicles into a street or right of way other than an alley. 4. Areas used for standing and maneuvering of vehicles shall be paved surfaces adequately maintained for all weather.use and so drained as to contain any flow of water on the site. An exception may be made to the paving requirements by the Planning Director or Hearings Body upon finding that: a. A high water table in the area necessitates a permeable surface to reduce surface water runoff problems; or b. The subject use is located outside of an unincorporated community and the proposed surfacing will be maintained in a manner which will not create dust problems for neighboring properties; or c. The subject use will be in a Rural Industrial Zone or an Industrial District in an unincorporated community and dust control measures will occur on a continuous basis which will mitigate any adverse impacts on surrounding properties. 5. Access aisles shall be of sufficient width for all vehicular turning and maneuvering. 6. Service drives to off-street parking areas shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress and maximum safety of pedestrians and vehicular traffic on the site. The number of service drives shall be limited to the minimum that will accommodate and serve the traffic anticipated. Service Chapter 18.116 (7/2010) 7. Industrial. Use Requirements Manufacturing 1 space per employee establishment on the largest working shift Storage warehouse, 1 space per 2,000 sq. ft. wholesale of floor area establishment, rail or trucking freight terminal 8. Airport Uses. Use Require s Hangars or tie-downs 1 space per 4 private aircraft occupying a hangar or tie-down space Office 1 space per 300 sq. ft. of oss floor area Aircraft maintenance 1 space per 1,000 sq. ft. of oss or area Manufacturing, 1 space per 500 sq. ft. assembly, research of gross floor area 9. Other uses not specifically listed above shall be provided with adequate parking as required by the Planning Director or Hearings Body. The above list shall be used as a guide for determining requirements for said other uses. E. General Provisions. Off-Street Parking. 1. More Than One Use on One or More Parcels. In the event several uses occupy a single structure or parcel of land, the total requirement for off-street parking shall be the sum of requirements of the several uses computed separately. 2. Joint Use of Facilities. The off-street parking requirements of two or more uses, structures or parcels of land may be satisfied by the same parking or loading space used jointly to the extent that it can be shown by the owners or operators of the uses, structures or parcels that their operations and parking needs do not overlap at any point of time. If the uses, structures or parcels are under separate ownership, the right to joint use of the parking space must be evidence by a deed, lease, contract or other appropriate written document to establish the joint use. 3. Location of Parking Facilities. Off-street parking spaces for dwellings shall be located on the same lot with the dwelling. Other required parking spaces shall be located on the same parcel or another parcel not farther than 500 feet from the building or use they are intended to serve, measured in a straight line from the building in a commercial or industrial zone. Such parking shall be located in a safe and functional manner as determined during site plan approval. The burden of proving the existence of such off-premise parking arrangements rests upon the applicant. 4. Use of Parking Facilities. Required parking space shall be available for the parking of operable passenger automobiles of residents, customers, patrons and employees only and shall not be used for the storage of vehicles or materials or for the parking of trucks used in conducting the business or used in conducting the business or use. Chapter 18.116 (7/2010) drives shall be clearly and permanently marked and defined through the use of rails, fences, walls or other barriers or markers. Service drives to drive in establishments shall be designed to avoid backing movements or other maneuvering within a street other than an alley. 7. Service drives shall have a minimum vision clearance area formed by the intersection of the driveway centerline, the street right of way line and a straight line joining said lines through points 30 feet from their intersection. 8. Parking spaces along the outer boundaries of a parking area shall be contained by a curb or bumper rail placed to prevent a motor vehicle from extending over an adjacent property line or a street right of way. G. Off-Street Parking Lot Design. All off-street parking lots shall be designed subject to County standards for stalls and aisles as set forth in the following drawings and table: (SEE TABLE 1 AT END OF CHAPTER 18.116) 1. For one row of stalls use "C" + "D" as minimum bay width. 2. Public alley width may be included as part of dimension "D," but all parking stalls must be on private property, off the public right of way. 3. For estimating available parking area, use 300-325 square feet per vehicle for stall, aisle and access areas. 4. For large parking lots exceeding 20 stalls, alternate rows may be designed for compact cars provided that the compact stalls do not exceed 30 percent of the total required stalls. A compact stall shall be eight feet in width and 17 feet in length with appropriate aisle width. (Ord. 2010-018 §1, 2010, Ord. 2004-013 §12, 2004; Ord.'2003-005 §2, 2003; Ord. 2002-015 §2, 2002, Ord. 2001-044 §4, 2001; Ord. 97-078 §6,1997; Ord. 96-003 §7,1996; Ord. 93-063 §2,1993; Ord. 93-043 §19,1993; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991; Ord. 90-017 §1, 1990) 18.116.031. Bicycle Parking. New development and any construction, renovation or alteration of an existing use requiring a site plan review under DCC Title 18 for which planning approval is applied for after the effective date of Ordinance 93-005 shall comply with the provisions of DCC 18.116.031. A. Number and Type of Bicycle Parking Spaces Required. 1. General Minimum Standard. a. All uses that require off-street motor vehicle parking shall, except as specifically noted, provide one bicycle parking space for every five required motor vehicle parking spaces. b. Except as specifically set forth herein, all such parking facilities shall include at least two sheltered parking spaces or, where more than 10 bicycle spaces are required, at least 50 percent of the bicycle parking spaces shall be sheltered. c. When the proposed use is located outside of an unincorporated community, a destination resort, and a rural commercial zone, exceptions to the bicycle parking standards may be authorized by the Planning Director or Hearings Body if the applicant demonstrates one or more of the following: i The proposed use is in a location accessed by roads with no bikeways and bicycle use by customers or employees is unlikely. ii. The proposed use generates less than 50 vehicle trips per day. iii. No existing buildings on the site will accommodate bicycle parking and no new buildings are proposed. iv. The size, weight, or dimensions of the goods sold at the site makes transporting them by bicycle impractical or unlikely. v. The use of the site requires equipment that makes it unlikely that a bicycle would be used to access the site. Representative examples would include, but not be limited to, paintball parks, golf courses, shooting ranges, etc. Chapter 18.116 (7/2010) 2. Special Minimum Standards. a. Multi-Family Residences. Every residential use of four or more dwelling units shall provide at least one bicycle parking space for each unit. In those instances in which the residential complex has no garage, required spaces shall be sheltered. b. Parking Lots. All public and commercial parking lots and parking structures shall provide a minimum of one bicycle parking space for every 10 motor vehicle parking spaces. c. Schools. Schools, both public and private, shall provide one bicycle parking space for every 25 students, half of which shall be sheltered. d. Colleges. One-half of the bicycle parking spaces at colleges, universities and trade schools shall be sheltered facilities. 3. Trade Off with Motor Vehicle Parking Spaces. a. One motor vehicle parking space may be deleted from the required number of spaces in exchange for providing required bicycle parking. i. Any deleted motor vehicle space beyond the one allowed above shall be replaced with at least one bicycle spaces. ii. If such additional parking is to be located in the area of the deleted automobile parking space, it must meet all other bicycle parking standards. b. The Hearings Body or Planning Director may authorize additional bicycle parking in exchange for required motor vehicle parking in areas of demonstrated, anticipated, or desired high bicycle use. 4. Calculating number of bicycle spaces. a. Fractional spaces shall be rounded up to the next whole space. b. For facilities with multiple uses (such as a commercial center) bicycle-parking requirements shall be calculated by using the total number of motor vehicle spaces required for the entire development. B. Bicycle Parking Design. 1. General Description. a. Sheltered Parking. Sheltered parking may be provided within a bicycle storage room, bicycle locker, or racks inside a building; in bicycle lockers or racks in an accessory parking structure; underneath an awning, eave, or other overhang; or by other facility as determined by the Hearings Body or Planning Director that protects the bicycle from direct exposure to the elements. b. Unsheltered parking may be provided by bicycle racks. 2. Location. a. Required bicycle parking that is located outdoors shall be located on-site within 50 feet of main entrances and not farther from the entrance than the closest motor vehicle parking space. i. Bicycle parking shall be located in areas of greatest use and convenience to bicyclist. ii. Such bicycle parking shall have direct access to both the public right of way and to the main entrance of the principal use. iii. Bicycle parking shall not impede or create a hazard to pedestrians. iv. Parking areas shall be located so as not to conflict with clear vision areas as prescribed in DCC 18.116.020. b. Bicycle parking facilities shall be separated from motor vehicle parking and drive areas by a barrier or sufficient distance to prevent damage to the parked bicycle. c. Where bicycle parking facilities are not directly visible and obvious from the public right(s) of way, entry and directional signs shall be provided to direct bicyclists for the public right of way to the bicycle parking facility. Directions to sheltered facilities inside a structure may be signed, or supplied by the employer, as appropriate. Chapter 18.116 (7/2010) 3. Dimensional Standards. a. Each bicycle parking space shall be at least two by six feet with a vertical clearance of seven feet. b. An access aisle of at least five feet wide shall be provided and maintained beside or between each row of bicycle parking. c. Each required bicycle parking space shall be accessible without moving another bicycle. 4. Surface. The surface of an outdoor parking facility shall be surfaced in the same manner as the motor vehicle parking area or with a minimum of one-inch thickness of aggregate material. This surface will be maintained in a smooth, durable, and well-drained condition. 5. Security. a. Bicycle parking facilities shall offer security in the form of either a lockable enclosure in which the bicycle can be stored or a stationary object (i.e., a "rack") upon which the bicycle can be locked. Structures that require a user-supplied lock shall accommodate both cables and U-shaped locks and shall permit the frame and both wheels to be secured (removing the front wheel may be necessary). All bicycle racks, lockers, or other facilities shall be permanently anchored to the surface of the ground or to a structure. b. Lighting shall be provided in a bicycle parking area so that all facilities are thoroughly illuminated and visible from adjacent sidewalks or motor vehicle parking. 6. Other means that provide the above level of bicycle parking may be approved by the Hearings Body or the Planning Director. (Ord. 2010-010 §1, 2010; Ord. 93-005 §4,1993) 18.116.035. Bicycle Commuter Facilities. A. Each commercial or public building having a work force of at least 25 people shall have bicycle commuter facilities consisting of shower(s) and changing rooms(s). For facilities with more than one building (such as a college), bicycle commuter facilities may be located in a central location. B. This provision shall apply to (1) new development requiring off-street parking and (2) any construction, renovation or alteration of an existing use requiring a site plan review under DCC Title 18 for which planning approval is applied for after the effective date of Ordinance 93-005. (Ord. 93-005 §5, 1993) 18.116.036. Special parking provisions for the Sunriver Town Center (TC) District. A. Required Motor Vehicle Parking. The following motor vehicle parking requirements apply to development in the Town Center (TC) District of the Sunriver UUC in lieu of the requirements of DCC 18.116.030(D): Use Requirements Townhomes and Multi- family Residential buildings with 8 units or less: 1.00 space per unit Studio or Efficiency 1 bedroom 1.00 space per unit 2 bedrooms 1.50 space per unit 3 bedrooms 2.00 spaces per unit Chapter 18.116 (7/2010) Use Requirements 4 bedrooms 2.00 spaces per unit Mixed Use Structures and Multi-family Residential buildings with more than 8 units: Studio or Efficiency 1.00 space per unit 1 bedroom 1.00 space per unit 2 bedrooms 1.00 space per unit 3 bedrooms 1.50 s aces per unit 4 bedrooms 2.00 spaces per unit Hotel 1.0 space per unit + 1 space per 2 full-time employees Lock Off Areas .5 parking space, in addition to base parking for unit Live/Work Units .5 parking space for work area, in addition to base parking for dwelling unit B. Requirements for Other Uses. The number of spaces required for Town Center (TC) District of Sunriver UUC uses not listed above shall be determined by using the charts provided by DCC 18.116.030 (D). C. Uses not specifically listed in the tables of subsection (A), above or DCC 18.116.030(D) shall be provided with adequate parking as required by the Planning Director or Hearings Body. D. Transportation Demand Management. 1. In the Town Center (TC) District of Sunriver UUC, motor vehicle parking requirements may be reduced based on implementation of a Transportation Demand Management (TDM) plan. a. The TDM is subject to the approval of the Planning Director or Hearings Body in accordance with the following criteria: 1) The proposed TDM plan will reduce the need for motor vehicle parking; 2) The reduction is to a level of parking that is lower than the amount of parking required by DCC 18.116.030; and 3) The applicant has demonstrated to the County that the TDM measures will remain in place. 2. A TDM plan may include, but is not limited to, the following elements: a. Bicycle Parking: Motor vehicle parking requirements may be reduced in exchange for bicycle parking, as described in 18.16.031. b. Shuttle Service: Motor vehicle parking requirements may be reduced by up to ten percent where frequent shuttle or transit service connects on-site residential/employment uses to transportation hubs (including airports) as well as nearby commercial centers and recreational areas. c. Satellite Parking: Parking may be provided at a distance greater than 500 feet when in conjunction with a coordinated shuttle service. E. General Provisions. Off-Street Parking. The following parking requirements apply to development in the Town Center (TC) District of the Sunriver UUC in lieu of the requirements of DCC 18.116.030(E): Chapter 18.116 (7/2010) 1. More Than One Use on One or More Parcels. In the event several uses occupy a single structure or parcel of land, the total requirement for off-street parking shall be the sum of requirements of the several uses computed separately. 2. Joint Use of Facilities. a. The off-street parking requirements of two or more uses, structures or parcels of land may be satisfied by the same parking or loading space used jointly to the extent that it can be shown by the owners or operators of the uses, structures or parcels that their operations and parking needs do not conflict at any point of time. b. Further, the total parking required for two or more land uses may be reduced to reflect pedestrian and internal trips between/among multiple uses in the Sunriver commercial core area. c. If the uses, structures or parcels are under separate ownership, the right to joint use of the parking space must be evidence by a deed, lease, contract or other appropriate written document to establish the joint use. 3. Location of Parking Facilities. a. Off-street parking spaces for dwellings shall be located on the same lot with the dwelling. b. Other required parking spaces shall be located on the same parcel or another parcel not farther than 500 feet from the building or use they are intended to serve, measured in a straight line from the building in a commercial or industrial zone, except when provided in conjunction with connecting shuttle service, as identified in DCC 18.116.036(D)(2). c. Such parking shall be located in a safe and functional manner as determined during site plan approval. d. The burden of proving the existence of such off-premise parking arrangements rests upon the applicant. 4. Use of Parking Facilities. Required parking space shall be available for the parking of operable passenger automobiles of residents, customers, patrons and employees only and shall not be used for the storage of vehicles or materials or for the parking of trucks used in conducting the business or use. 5. For Multi-family Residential uses allowed by DCC 18.108.055(A)(6), minimum parking requirements may be satisfied through tandem parking, whereby two vehicles are accommodated end-to-end, provided the tandem parking spaces are used to meet the parking requirements for a single dwelling unit only. F. Bicycle Parking. 1. The provisions of DCC 18.116.031(B)(6) may be used to modify the bicycle parking requirements of DCC 18.116.031 and 18.116.035. 2. Subsection (E)(2), above, regarding the joint use of parking facilities shall be applied to determine bicycle parking requirements for the Town Center District of the Sunriver UUC. (Ord. 2008-015 §3, 2008) 18.116.040. Accessory Uses. An accessory use shall comply with all requirements for a principal use, except as DCC Title 18 specifically allows to the contrary, and shall comply with the following limitations: A. The primary use of the property must be established or applied for prior to issuance of any building or land use permits for accessory structures. 1. Exception: a. Building permit for a ramada or carport may be issued without establishment or application of primary use if all other criteria for issuance are met. Chapter 18.116 (7/2010) b. Land use, building or environmental health permits or extensions of such permits sought to correct existing code violations for the subject property shall be issued if all other criteria for issuance are met. c. A building permit for an accessory structure or structures not exceeding a combined total of 2,000 square feet in size, with no windows, with only one floor, an operable garage door, no plumbing or stack vents through the roof or walls and not requiring plumbing or mechanical permits. B. A side yard or rear yard may be reduced to five feet for an accessory structure erected more than 65 feet from a front lot line, provided the structure is detached from other buildings by five feet or more and does not exceed a height of one story nor an area of 450 square feet. C. Boats and trailers, travel trailers, pickup campers or coaches, motorized dwellings and similar recreational equipment may be stored on a lot but not used as an accessory use in any zone provided that: 1. In a residential zone, parking or storage in a front yard or in a side yard adjoining a street other than an alley shall be permitted only on a driveway. 2. Parking or storage shall be at least three feet from an interior side lot line. D. A manufactured home may be stored on an individual lot subject to obtaining a zoning approval from the Planning Division and subject to the following: 1. Storage period shall not exceed one year. 2. No utilities other than electric may be connected. 3. The mobile home shall not be inhabited. 4. The subject lot is not located in a CH, Conventional Housing Combining Zone. (Ord. 96-057 §1, 1996; Ord. 95-077 §1, 1995; Ord. 95-075 §1, 1995; Ord. 91-038 §1, 1991) 18.116.050. Manufactured Homes. Manufactured Home Classes. For purposes of these regulations, manufactured homes are divided into the following types: A. A Class A manufactured home shall: 1. Have more than 1,000 square feet of occupied space in a double section or larger multi- section unit; 2. Be placed on a foundation or support system, as specified by the manufacturer. Skirting shall be required; 3. Have wheels, axles and hitch mechanisms removed; 4. Have utilities connected subject to the requirements of the Building Codes Agency and manufacturer's specifications; 5. Bear an insignia of compliance with the Manufactured Housing and Construction and Safety Standards Code as of June 15, 1976; 6. Have roofing materials of a type customarily used on site constructed residences, including wood shakes or shingles, asphalt or fiberglass shingles, corrugated mat fmish colored metal and tile materials, but not including high gloss corrugated aluminum or fiberglass panels. The roof pitch shall be a minimum of two over 12; and 7. Have siding materials of a type customarily used on site-constructed residences such as clapboard, horizontal vinyl or aluminum lap-siding, cedar or other wood siding, brick or stone, and not including high gloss finished material, corrugated metal or fiberglass, or metal or plastic panels. B. A Class B manufactured home shall: 1. Have at least 750 square feet of occupied space in a single, double, expand or multi-section unit; 2. Be placed on a foundation, as specified by the manufacturer. Skirting shall be required; 3. Have wheels, axles and hitch mechanisms removed; Chapter 18.116 (7/2010) 4. Have utilities connected subject to the requirements of the Building Codes Agency and manufacturer's specifications; 5. Bear an insignia of compliance with the Manufactured Housing and Construction and Safety Standards Code as of June 15, 1976; 6. Have roofing materials of a type customarily used on site constructed residences, including wood shakes or shingles, asphalt or fiberglass shingles, corrugated matte finish colored metal and tile materials, but not including high gloss corrugated aluminum or fiberglass panels. The roof pitch shall be a minimum of two over 12; and 7. Have siding materials of a type customarily used on site constructed residences such as clapboard, horizontal vinyl or aluminum lap siding, cedar or other wood siding, brick or stone, and not including high gloss finished material, corrugated metal or fiberglass, or metal or plastic panels. C. A Class C manufactured home shall: 1. Have at least 576 square feet of occupied space, excluding tipouts and hitches; 2. Be placed on a foundation or support system, as specified by the manufacturer. Skirting shall be required; 3. Bear an insignia of compliance with the Manufactured Housing and Construction and Safety Standards Code as of June 15, 1976, or bear the Oregon Department of Commerce "Insignia of Compliance"; and 4. Have utilities connected subject to the requirements of the Building Codes Agency and manufacturer's specifications. D. A Class D manufactured home shall: 1. Have more than 320 square feet of occupied space; 2. Be placed on a foundation or support system, as specified by the manufacturer. Skirting shall be required; and 3. Have utilities connected subject to requirements of the Building Codes Agency and manufacturer's specifications. (Ord. 2004-013 §12, 2004; Ord. 2001-013 §1, 2001; Ord. 2000-033 §7, 2000; Ord. 93-043 §§19B-E, 1993; Ord. 91-038 §4, 1991; Ord. 91-017 §§1-3 and 4, 1991; Ord. 91-005 §§38-40 and 41, 1991; Ord. 89-004 §§3 and 5,1989; Ord. 81-042 §1-3 and 4, 1981) 18.116.070. Placement Standards for Manufactured Homes. A. As defined in DCC 18.116.050, Class A and B manufactured homes shall be permitted as follows, subject to the requirements of the underlying zone: 1. In the following zones, except where there is a Conventional Housing Overlay Zone (CH): Any EFU zone, MUA-10, F-1, F-2, RR-10, any area zoned as an unincorporated community (as that term is defined herein), RSR-M, RSR-5, and FP as the primary dwelling, and R-I and SM as a caretaker's residence. 2. In manufactured home parks and subdivisions. 3. As permitted in DCC 18.116.080 and 18.116.090. 4. Class A and B manufactured homes are not permitted in any historic district or on any historic site. B. Class C manufactured homes shall be permitted as follows: 1. Except as otherwise allowed in DCC 18.116.070, on parcels 10 acres in size or larger. 2. As a secondary accessory farm dwelling. 3. In manufactured home parks and manufactured home subdivisions. 4. As permitted in DCC 18.116.080 and 18.116.090. 5. As a replacement to an existing non-conforming manufactured home destroyed by fire or other natural act, or as an upgrade to an existing manufactured home. Chapter 18.116 (7/2010) 6. In the following subdivisions: Rockview H, Tetherow Crossing, Chaparral Estates, Crystal Acres, Hidden Valley Mobile Estates, Johnson Acres, Seven Peaks, Sun Mountain Ranches, Deschutes River Homesites Rimrock Addition, Happy Acres, Rancho El Sereno, Whispering Pines, Bend Cascade View Estates, Raintree, Holmes Acres, La Pine Meadows North, Pine Crest Ranchettes, Dora's Acres, Pierce Tracts, Roan Park, South Forty, Tomes, Crooked River Ranch, Dale Acres, Replat/Hillman, Lake Park Estates, Mary K. Falls Estates. 7. Class C manufactured homes are not permitted in any historic district or on any historic site. C. An exception may be granted by the Planning Director or Hearings Body to allow a Class C manufactured home to be placed in a subdivision which is not listed in DCC 18.116.070(B)(6), where all of the following conditions exist: 1. The manufactured home is specifically designed or has been substantially modified for wheelchair or disabled access (disabled accessible manufactured home). 2. There are Class C manufactured homes in the subdivision located within one-quarter mile of the lot upon which the manufactured home will be placed. 3. The disabled accessible manufactured home and lot upon which the manufactured home is to be placed were purchased by the applicant prior to February 22, 1989. D. Class D manufactured homes shall be permitted as follows: 1. In manufactured home parks and subdivisions. 2. As permitted in DCC 18.116.080 and 18.116.090. 3. Class D manufactured homes are not permitted in any historic district or on any historic site. (Ord. 2000-033 §8, 2000; Ord. 96-003 §8, 1996; Ord. 91-020 §1, 1991; Ord. 91-005 §§42 and 43, 1991; Ord. 89-016 §1, 1989; Ord. 89-014 §1, 1989; Ord. 89-004 §§3 and 5, 1989; Ord. 81-042 §5, 1981) 18.116.080. Manufactured Home or RV as a Temporary Residence on an Individual Lot. A manufactured home of any class or a recreational vehicle may be authorized as a temporary residence on an individual lot and shall comply with the following additional provisions: A. The manufactured home or recreational vehicle shall be placed upon a lot for which a building permit for a housing unit has been obtained. B. The manufactured home or recreational vehicle shall be occupied only during a period in which satisfactory progress is being made toward the completion of the housing unit on the same site. C. Electric, water and sewer utility connections shall be made to the manufactured home or recreational vehicle. D. The manufactured home shall be removed from the lot not later than 18 months following the date on which the building permit for the housing unit is issued or not later than two months following the date of final building inspection of the housing unit, whichever occurs first. The habitation of the recreational vehicle must cease, and its connection to all utilities other than electric must be discontinued not later than 18 months following the date on which the building permit for the housing unit is issued or not later than two months following the completion of the housing unit, whichever occurs first. E. All evidence that the manufactured home has been on the lot shall be removed within the 30 days following the removal of the manufactured home. (Ord. 93-043 §19F, 1993; Ord. 91-005 §44,1991; Ord. 89-004 §4,1989) Chapter 18.116 (7/2010) 18.116.090. A Manufactured Home or Recreational Vehicle as a Temporary Residence for Medical Condition. A. A temporary use permit for one manufactured home of any class or one recreational vehicle on a lot or parcel in addition to an existing dwelling may be granted when a medical condition exists. B. The person with a medical condition must be either one of the property owners or a relative of one of the property owners. C. For the purposes of this section, a relative is defined as a grandparent, parent, child, brother or sister, either blood or legal relationship. D. Such medical condition must be verified by a doctor's written statement, which shall accompany the permit application. E. The temporary use permit shall be reviewed annually for compliance with the terms of DCC 18.116.090. F. The manufactured home shall be removed or the recreational vehicle shall be vacated, and disconnected from any electric, water or sewer facility connection for which a permit has been issued not later than 90 days following the date the medical condition requiring the temporary use permit ceases to exist. G. If a recreational vehicle is used as a medical hardship dwelling, it shall have a bathroom, and shall meet the minimum setbacks for the zone in which it is located. H. The applicant shall obtain all necessary permits from the County Building and Environmental Health Divisions prior to initiating the use. (Ord. 2008-022 § 2, 2008; Ord. 91-005 §45, 1991; Ord. 89-004 §5, 1989) 18.116.095. Recreational Vehicle as a Temporary Residence on an Individual Lot. A. A single recreational vehicle, as defined in DCC Title 18, may be located on a lot or parcel not containing a dwelling and used as a temporary dwelling unit: 1. For a period totaling not more than 30 days in any consecutive 60-day period without obtaining a land use permit from the Deschutes County Planning Division; or 2. For a total period not to exceed six months in a calendar year by obtaining a temporary use permit under the terms of DCC 18.116.095 from the Deschutes County Planning Division. A temporary use permit may be renewed annually for use of a recreational vehicle under the terms of DCC 18.116.095 on the same lot or parcel. B. All necessary permits shall be obtained from the Deschutes County Building Safety Division before connecting a recreational vehicle to sewer, water and/or electric utility services. C. A permit shall be obtained from the Deschutes County Environmental Health Division before disposing any wastewater or sewage on-site. D. A recreational vehicle used as a temporary dwelling unit shall meet the same setbacks required of a permanent dwelling on the subject lot. E. A recreational vehicle shall be fully licensed and ready for highway use, on its wheels or jacking system, shall be attached to the site only by quick disconnect type utilities and security devices, and shall have no permanently attached additions. (Ord. 2007-019 §4,2007; Ord. 98-062 §1, 1998; Ord. 95-075 §1, 1995; Ord. 91-038 §3, 1991) 18.116.100. Building Projections. Architectural features such as cornices, eaves, canopies, sunshades, gutters, chimneys and flues shall not project more than three feet into a required yard, provided that the projection is not closer than three feet to a property line. (Ord. 91-038 §4, 1991) Chapter 18.116 (7/2010) 18.116.120. Fences. A. Fences which form a solid barrier or are sight obstructive shall not exceed three and one-half feet in height when located in a required front yard or in a clear vision area. B. Fences in Wildlife Area Combining Zones shall be designed in conformance with the requirements of DCC 18.88. C. All fences shall comply with the requirements of the State of Oregon Building Code. (Ord. 92-042 §3,1992; Ord. 91-038 §1, 1991) 18.116.130. Hydroelectric Facilities. A. No new hydroelectric facilities shall be constructed, and no existing hydroelectric facilities shall be enlarged or expanded in size of area or generating capacity, on the following rivers and streams within Deschutes County: 1. Deschutes River, from its headwaters to River Mile 227, above, but not including Wickiup Dam, and from Wickiup Dam to River Mile 171 below Lava Island Falls; 2. Crooked River; 3. Fall River; 4. Little Deschutes River; 5. Spring River; 6. Paulina Creek; 7. Whychus Creek; and 8. Tumalo Creek.. B. Hydroelectric facilities are allowed as a conditional use on the Deschutes River at Wickiup Dam, and from River Mile 171 below Lava Island Falls downstream to the northern Deschutes County line. Such conditional use shall be governed by the conditions set forth in DCC 18.128.260. (Ord. 86-018 §17,1986) 18.116.140. Electrical Substations. Electrical substations, whether as an outright or conditional use, shall submit a site plan complying with the provisions of DCC Title 18 to the Planning Department. (Ord. 91-020 § 1, 1991) 18.116.150. Endangered Species. Developments which occur in areas which may disturb species (plant or animal) listed by the U.S. Environmental Protection Agency or the Department of Fish and Wildlife as endangered shall prepare an acceptable protection plan for use during and after construction (e.g., a nest protection plan for developments in the vicinity of Bald Eagle nesting sites). (Ord. 91-020 §1, 1991) 18.116.160. Rimrock Setbacks Outside of LM Combining Zone. All structures, including decks, within 50 feet from the edge of a rimrock, as defined in DCC 18.04.030, shall be subject to site review if visible from the river or stream. Prior to approval of any structure within 50 feet of a rimrock, the Planning Director or Hearings Body shall make the following fmdings: A. All structures, including decks, shall be set back a minimum of 20 feet from the edge of the rimrock. B. The height of the structure shall not exceed the setback from the edge of the rimrock. Chapter 18.116 (7/2010) C. Existing trees and shrubs which reduce the visibility of the proposed structure shall be retained. D. Where multiple structures are proposed on a parcel of land the structures shall be grouped or clustered so as to maintain a general appearance of open landscape for the effected area. This shall require a maintenance of at least 65 percent open space along all rimrocks. (Ord. 92-034 §3, 1992; Ord. 91-020 §1, 1991; Ord. 88-004 §1, 1988; Ord. 86-053 §21, 1986; Ord. 85-016 §2, 1985; Ord. 82-013 §2, 1982; Ord. 81-015 §1, 1981) 18.116.170. Solar Height Restrictions. No building, structure or nonexempt vegetation may exceed the solar height restriction established on a burdened property by the solar access of a benefited property. (Ord. 83-037 §25, 1983) 18.116.180. Building Setbacks for the Protection of Solar Access. A. Purpose. The purpose of DCC 18.116.180 is to provide as much solar access as practical during the winter solar heating hours to existing or potential buildings by requiring all new structures, excepting lots less than 10,000 square feet in size or under 80-feet average width, as defined by DCC 17.08.030 "lot width," and located in the Neighborhood Planning Area of the Urban Unincorporated Community - La Pine, to be constructed as far south on their lots as is necessary and feasible. B. Standards. Every new structure or addition to an existing structure, excepting lots less than 10,000 square feet in size or under 80-feet average width, as defined by DCC 17.08.030 "lot width," and located in the Neighborhood Planning Area of the Urban Unincorporated Community - La Pine, shall meet the following standards for a solar setback from the north lot line, except as provided in DCC 18.116.180(B)(3): 1. South Wall Protection Standard. The south wall protection standard is based on an eight- foot solar fence on the subject property's north lot line which allows solar radiation on a neighboring building's south wall above two feet from the ground, assuming a 20-foot setback from the common property line to the neighboring building. Solar setbacks for the south wall protection standards can be calculated with the diagram in Appendix A-1 or estimated with the table in Appendix A-2. Final determination of solar setback distance is made by entering the following variables into the Deschutes County Shadow Length computer program: a. Pole height; b. The eight-foot fence height; c. The scale of the plot plan submitted in feet per inch; and d. Degrees of slope of the land from east to west and from north to south. e. If a setback meeting this requirement is not feasible due to physical constraints of the lot, including, but not limited to, rock outcroppings, septic systems, existing legal restrictions or lot dimensions, as determined by the Planning Director or Hearings Body, then the structure or addition must be located as far to the south on the lot as feasible and must meet the standard set forth in DCC 18.116.180(B)(2). 2. South Roof Protection Standard. The south roof protection standard is based on a 14 foot solar fence on the subject property's north lot line which allows for solar radiation on a neighboring building above eight feet from ground level and assuming a 20 foot setback from the common boundary line to the neighboring building. Solar setbacks for this standard can be calculated using the diagram in Appendix B-1 or estimated using the table in Appendix B-2. Final determination of the setback will be made using the Shadow Length computer program by specifying a 14-foot solar fence and additional site specific information as listed in DCC 18.116.180(B)(1). Chapter 18.116 (7/2010) 3. Exceptions. The south roof protection standard shall not apply only if the applicant establishes: a. That the structure cannot be located on the lot without violating the requirements contained in Appendix B; and b. That the structure is built with its highest point as far to the south as feasible; and 1) That the structure is a single family residence with a highest point less than or equal to 16 feet high; or, if not a single family residence; 2) That it is a permitted or conditional use for the lot. 4. Exemptions. a. The governing body may exempt from the provision of DCC 18.116.180 any area where it is determined that solar uses are not feasible because the area is already substantially shaded due to heavy vegetation, steep north facing slopes, and any area or zones in which taller buildings are planned. b. The Planning Director or Hearings Body shall exempt a structure from the provisions of DCC 18.116.180 if the structure will shade only a protected area in which solar uses are not feasible because the protected area is already substantially shaded at the time a request for exemption is made and approved by the Planning Director or Hearings Body. c. The Planning Director or Hearings Body shall exempt a structure from the provisions of DCC 18.116.180 if the structure is in conformance with a solar height restriction as provided in DCC Title 17, the Subdivision/Partition Ordinance, as amended. (Ord. 2006-035 §2, 2006; Ord. 2004-013 §12, 2004; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991; Ord. 83-037 §3, 1983) 18.116.190. Solar Access Permit. A. Purpose. The purpose of DCC 18.116.190 is to provide solar access to productive solar collectors by establishing limitations, on a case by case basis, for the growth of vegetation on certain lots in the vicinity of a productive solar collector. B. Application for Solar Access Permit. 1. Any owner may submit an application for a solar access permit to provide solar access for a productive solar collector located on the owner's real property. 2. The application for a solar access permit shall be on forms prescribed by the County and shall contain, at a minimum: a. A legal description of the applicant's lot, including a statement that the applicant is the owner of the lot, and a description of the nature of the applicant's interest in the lot; b. Documentation to show that the solar collector is or will be a productive solar collector within one year of application; c. Descriptive drawings of the solar collector showing its dimensions and precise location; d. A sun chart and a statement of the solar heating hours for which solar access is sought; e. A statement that there is no reasonable alternative location for the solar collector that would result in a lesser burden on a neighboring lot; f. A statement that trimming the vegetation on the applicant's lot will not permit an alternative location that would lessen the burden on a neighboring lot; g. A list of the lots that are within 150 feet to the south, southeast, or southwest of the solar collector, including streets, alleys and other unbuildable areas; a legal description for each such lot; the owner of record and his address; the exempt vegetation located on the lot; and any existing nonexempt vegetation likely to encroach on the protected area; h. A statement that none of the lots impacted is located on a north-facing slope with a grade that exceeds, on average, 15 percent; and Chapter 18.116 (7/2010) i. A plot plan showing the location of and delineating all exempt and nonexempt vegetation as shown on the sunchart photograph as well as any nonexempt vegetation not shown on the sunchart which may encroach on the protected area in the future. The plot plan shall also include: 1) The exact site of the solar collector, its height and its orientation. 2) Scale. 3) An indication of true north. 4) A survey of the lot. 3. The solar access permit application shall be approved if: a. The solar collector is or will be a productive solar collector; b. The protected area to be created by the solar access permit is reasonably located. A solar access permit shall be denied under DCC 18.116.190(B)(3)(b) if the applicant could trim his own vegetation to permit an alternative location that would be less burdensome upon a burdened neighboring lot. A solar access permit shall also be denied under DCC 18.116.190(B)(3)(b) if there is an alternate location that would impose a lesser burden on a neighboring lot or lots; c. The applicant requests solar heating hours no greater than two hours before and after the solar zenith from September 22 to March 21, and three hours before and after the solar zenith from March 22 to September 21; d. The solar access provided by the permit does not burden any lot with a north facing slope with a grade that exceeds, on average, 15 percent; or which is more than 150 feet from the solar collector; and e. The application is accurate and complete. C. Solar Access Permit Issuance and Recordation. 1. Upon the approval of an application, the County shall issue and acknowledge a solar access permit creating the solar access requested in the application. 2. Upon receiving such a permit, the County Clerk shall: a. Record the solar access permit in the chain of title of the applicant's lot and of each neighboring lot identified in the application; and b. Keep a copy of the approved application on file in County records. 3. The form of the solar access permit shall be as prescribed by the County and shall contain, at a minimum: a. A legal description of the applicant's lot and each neighboring lot to be burdened by the solar access created by the solar access permit; and b. A complete description of the solar access restrictions applicable to each neighboring lot, including the solar heating hours during which solar access is provided, and a sun chart showing the plotted skyline, including vegetation and structures, and a scaled drawing showing the size and location of the protected area and its orientation with respect to true south; and c. A reference to where the approved application may be obtained. D. Obligation Created by Solar Access Permit. The owner of any lot burdened by a solar access permit shall trim any vegetation not exempted on the burdened lot that shades the protected area created by the solar access permit, provided that there is no vegetation on the lot benefited by the solar access permit that also shades the protected area. The cost of such trimming shall be borne by the owner of the benefited lot if the vegetation existed at the time of permit application as shown on the plot plan; and for all other vegetation, by the owner of the burdened lot. Before any trimming is required, the collector owner must certify that the collector is still productive. E. Termination of Solar Access Permit. 1. The Planning Director or Hearings Body shall terminate the solar access permit with respect to all or part of the neighboring lots burdened by the solar access permit if a petition Chapter 18.116 (7/2010) 18.116.230. Standards for Class I and 11 Road Projects. Class I and II road or street projects shall be reviewed against the applicable Comprehensive Plan Transportation Plan element, shall be consistent with applicable road standards and shall meet the following criteria: A. Compatibility with existing land use and social patterns, including noise generation, safety hazards (e.g. children in a residential area), and zoning. B. Environmental impacts, including hazards imposed to and by wildlife (e.g. migration or water use patterns). C. Retention of scenic quality, including tree preservation. D. Means to improve the safety and function of the facility, including surrounding zoning, access control and terrain modifications. E. In the case of roadways where modification results in a change of traffic types or density, impacts on route safety, route land use patterns, and route nonmotorized/pedestrian traffic. F. Consideration of the potential developmental impact created by the facility. G. Cost effectiveness. (Ord. 93-043 §19H, 1993) 18.116.240. Protection of Historic Sites. Historic sites listed and described on the County's Goal 5 inventory, contained in the Resource Element of the comprehensive plan, shall be protected or not protected in accordance with programs set forth in the ESEE determinations for each individual site, adopted as part of the Resource Element of the comprehensive plan and any comprehensive plan policies specifically applicable to the site. The uses allowed and dimensional standards prescribed by the underlying zoning designations for designated historic sites are not otherwise affected by the historic designation. (Ord. 94-030 §1, 1994) 18.116.250. Wireless Telecommunications Facilities. A. Tier 1 Facilities. Wireless telecommunications facilities that do not require aviation lighting, that utilize natural wood colors or muted tones from amongst colors approved by Ordinance 97- 017, that utilize a radio equipment cabinet or shelter that is less than 200 square feet in area and less than 10 feet in height, and that meet the following standards are allowed outright in any zone other than the Exclusive Farm Use, the Surface Mining Zone, and the Forest Zones and shall not be subject to any other provision of the zone: 1. Facilities established by co-locating an additional set of antennas on an existing wireless telecommunications tower or monopole that do not exceed the County approved height of the tower or monopole. Notwithstanding any provision of DCC 18.116.250(A), facilities established under DCC 18.116.250(A)(1) are permitted outright in any zoning district. 2. Facilities that make use of existing vertical, lawfully established structures, including but not limited to power or telephone utility poles or towers, parking lot or street lighting standards or flagpoles. A pole location in a public right of way shall not be fenced. Antennas established on an existing vertical structure shall be installed so that they do not exceed the height of the existing vertical structure by more than 15 feet. New structures in this category are limited to equipment shelters that do not require a building permit. Walk- in equipment shelters shall be set back out of any road right of way at least 20 feet back from the pole location. Any necessary road right of way permits shall be obtained from the Deschutes County Road Department. Equipment cabinets shall be subject only to the road right of way setback requirements. Chapter 18.116 (7/2010) for termination is submitted by the applicant or the applicant's successor in interest or the collector is not productive for 12 consecutive months. 2. The County Clerk shall record the termination of the solar access permit in the chain of title of each lot affected by the termination. (Ord. 93-043 §19G, 1993; Ord. 91-020 §1, 1991; Ord. 83-037 §3,1983) 18.116.200. (Repealed by Ord. 98-062, 1998) 18.116.210. Residential Homes and Residential Facilities. A. Residential homes and residential facilities shall be permitted in the same manner that single- family dwellings are permitted under DCC Title 18. For the purposes of DCC Title 18, the term "dwelling" or "single-family dwellings" shall be synonymous with the terms "residential home" or "residential facility." B. In any application for a residential home or residential facility, the applicant shall not be required to supply any information concerning the existence of or the nature or severity of any handicap (as that term is defined under the Fair Housing Act) of prospective residents. (Ord. 91-038 §3, 1991) 18.116.215. Family Childcare Provider. A. A family childcare provider's home shall be considered a residential use of property, permitted in all areas zoned for residential and commercial purposes, including areas zoned for single- family dwellings. B. The family childcare provider's home is subject to the same restrictions imposed on any residential dwelling in the same residential or commercial zone. (Ord. 97-003 §3, 1997) 18.116.220. Conservation Easements on Property Adjacent to Rivers and Streams- Prohibitions. A. As a condition of approval of all land use actions involving property adjacent to the Deschutes River, Crooked River, Fall River, Little Deschutes River, Spring River, Paulina Creek, Whychus Creek and Tumalo Creek, the property owner shall convey to the County a conservation easement, as defined in DCC 18.04.030, "Conservation Easement," affecting all property on the subject lot which is within 10 feet of the ordinary high water mark of the river or stream. B. The form of the conservation easement shall be as prescribed by the County and may contain such conditions as the County deems necessary to carry out the purposes described in DCC 18.04.030, "Conservation Easement." C. Any public access required as part of a conservation easement shall be subject to the following conditions: 1. Public access shall be limited to foot traffic for recreational purposes and the putting in or taking out of boats. 2. Unless otherwise permitted by the affected property owner, public access does not allow public passage through other private property to gain access to the property subject to the conservation easement. 3. Unless otherwise permitted by state law, County ordinance or the property owner, no person on the subject property as a result of a public access requirement of a conservation easement shall deposit solid waste, damage or remove any property, (including wildlife and vegetation) maintain or ignite fires or fireworks, discharge firearms or camp. (Ord. 91-020 §1, 1991; Ord. 89-004 §3,1989; Ord. 86-054 §2,1986) Chapter 18.116 (7/2010) 3. Facilities that are established by attaching or placing an antenna or set of antennas on an existing, lawfully established building not designated as an historic structure, where the antenna array does not exceed the height of the building by more than 15 feet. All equipment shall be stored inside a building. 4. Facilities that include installation of a new wood monopole that does not exceed the height limit of the underlying zone, and does not exceed 45 feet in height. All equipment shall be stored in a building that has a floor area that does not exceed 200 square feet in area and does not exceed 10 feet in height. The monopole, and any building, shall be set back from adjacent property lines according to the setbacks of the underlying zone. Any microwave dishes installed on the monopole shall not exceed a diameter of four feet. No more than two dishes shall be installed on a monopole or tower. The perimeter of a lease area for a facility established under DCC 18.116.250(A)(4) shall be landscaped with shrubs eight feet in height and planted a maximum of 24 inches on center. B. Tier 2 Facilities. Wireless telecommunications facilities that do not require aviation lighting, that utilize a wood monopole for supporting antennas and/or microwave dishes and that meet the criteria in DCC 18.116.250 are allowed outright, subject to site plan review under DCC 18.116.250(B) (and not DCC 18.124.060) in the following zones: La Pine Commercial District (LPCD), La Pine Industrial District (LPID), Rural Industrial (RI), Rural Service Center (RSC), Rural Service Center-Wickiup Junction (RSC-WJ), Terrebonne Commercial District (TeQ, and Tumalo Commercial District (TuC). Lattice towers or metal monopoles are not permitted with a Tier 2 facility. 1. An application for site plan review for a Tier 2 wireless telecommunications facility shall meet the following criteria: a. Maximum Monopole Height. In the LPCD, LPID, RSC, RSC-WJ, TeC, and TuC zones, the maximum height of a monopole, including antennas and microwave dishes for a wireless telecommunications facility shall be 60 feet from finished grade. In the RI Zone, the maximum height of a monopole, including antennas and microwave dishes, for a wireless telecommunications facility shall be 75 feet from finished grade. b. Setbacks. All equipment shelters shall be set back from property lines according to the required setbacks of the underlying zone. A monopole shall be set back from any adjacent dwelling a distance equal to the height of the monopole, including antennas and microwave dishes, from finished grade, or according to the setbacks of the underlying zone, whichever is greater. c. Shelters. Any equipment shelter shall be finished with natural aggregate materials or from colors approved with Ordinance 97-017. d. Landscaping. The perimeter of a lease area shall be landscaped with plant materials appropriate for its location. The lessee shall continuously maintain all installed landscaping and any existing landscaping used to screen a facility. e. Cabinets. Any equipment cabinets shall be finished with colors from amongst those colors approved with Ordinance 97-063. Such colors shall be non-reflective and neutral. f. Fences. A sight obscuring fence, as defined by DCC Title 18, shall be installed around the perimeter of the lease area. The sight obscuring fence shall surround the monopole and the equipment shelter. C. Tier 3 Facilities. Wireless telecommunications facilities (or their equivalent uses described in the EFU, Forest, and SM Zones) not qualifying as either a Tier 1 or 2 facility may be approved in all zones, subject to the applicable criteria set forth in DCC 18.128.330 and 18.128.340. 1. A request for a written determination from the County as to whether a proposed facility falls within Tiers 1 or 2 of DCC 18.116.250 shall be submitted to the County in writing and accompanied by a site plan and proposed schematics of the facility. If the County can issue Chapter 18.116 (7/2010) a written determination without exercising discretion or by making a land use decision as defined under ORS 197.015(10), the County shall respond to the request in writing. 2. A request for a written determination from the County as to whether a proposed facility falls within Tiers 1 or 2 of DCC 18.116.250 that involves exercising discretion or making a land use decision shall be submitted and acted upon as a request for a declaratory ruling under DCC 22.40. (Ord. 2010-011 §1, Ord. 2000-19 §1, 2000; Ord. 97-063 §1, 1997; Ord. 97-017 §7, 1997) 18.116.260. Rock Crushing Outside the SM Zone. A. The following standards apply to all on-site rock crushing activity outside the SM zone: 1. The subject property has received site plan, tentative plat or final plat approval for the construction or maintenance activity for which on-site rock crushing occurs; 2. Rock crushing equipment has a valid Oregon Department of Environmental Quality air contaminant discharge permit; 3. The volume of material excavated on-site does not exceed the amount necessary to complete on-site construction and maintenance; 4. Rock crushing equipment and all activity directly associated with crushing such as truck traffic is located at least 500 feet from the nearest noise-sensitive or dust-sensitive use or structure, unless an exception to this standard is allowed pursuant to DCC 18.116.260(F); 5. No off-site material is brought on site for crushing; 6. Rock crushing equipment is removed from the site within 30 days of completing the crushing activity; and 7. Excavated and crushed material not used for on-site construction or landscaping is removed from the site prior to occupancy, where a site plan is approved, or within 60 days of completing all road, utility or other improvements where a tentative or final plat is approved. B. On-site rock crushing for on-site construction and maintenance is permitted outright in any zone, except Flood Plain (FP), or in any combining zone, except Wildlife Area (WA), Landscape Management (LM), or Sensitive Bird and Mammal Habitat (SBMH), if the requirements of DCC 18.116.260(A) and the following standards are met: 1. Rock crushing activity, including set up and crushing, occurs for no more than 60 consecutive days on a site within any one-year period; 2. Rock crushing occurs Monday through Friday, between 7:00 a.m. and 5:00 p.m., and not on legal holidays; and 3. Water is available on-site to provide dust control. C. Except for the activity allowed outright as set forth under DCC 18.116.260(B), a temporary use permit for rock crushing for on-site construction and maintenance may be permitted in any zone or combining zone subject to approval of the Planning Director or Hearings Body under the provisions of DCC 18.116.260(D). D. Use limitations. On-site rock crushing provided for in DCC 18.116.260(C) may be approved upon satisfaction of the requirements in DCC 18.166.260(A) and the following: 1. The site under consideration is suitable for rock crushing and rock crushing is compatible with the existing uses within 500 feet of the rock crushing equipment, based upon the proposed duration of use of the equipment and the natural and physical features of the site, including but not limited to, general topography, natural hazards and natural resource values; 2. An engineer registered in Oregon verifies in writing that the operation of the rock crushing equipment will meet applicable DEQ noise standards; and 3. Sufficient water is available on-site to provide approved methods of dust control. Chapter 18.116 (7/2010) E. Application requirements. An application for a temporary use permit for on-site rock crushing shall contain the following: 1. A detailed explanation of the proposed construction and rock crushing activities, including the duration and operating characteristics of rock crushing; 2. A map drawn to scale showing the location of property boundaries, setbacks to the rock crushing activity and any topographic features in the immediate vicinity of the proposed rock crusher; 3. A written explanation describing how each of the requirements in DCC 18.116.260(D) will be met; and 4. Any additional information which will assist in the evaluation of the proposed rock crushing. F. Setback exceptions. An exception to the setback requirement in DCC 18.116.260(A) shall be allowed pursuant to a notarized written agreement for a lesser setback made between the owner of the noise sensitive or dust-sensitive use or structure located within 500 feet of the proposed rock crushing activity and the owner or operator of the rock crusher. (Ord. 97-006 §2, 1997) 18.116.270. Conducting Filming Activities in All Zones. Any use of land or activity involving on-site filming and accessory and supporting activities as those terms are defined in DCC 18.116.270 shall be governed by the provisions of DCC 18.116.270 and shall govern in any conflict with other provisions of DCC Title 18 or DCC Title 22. A. On-site filming and activities accessory to on-site filming are permitted outright in any zone or combining zone of the County if- 1 . The activity would involve no more than 45 days on any site within any one-year period; or 2. The activity does not involve erection of sets that remain in place for filming longer than any 45-day period and does not involve fill and removal activities regulated by DCC Title 18, involve activities within a sensitive habitat area governed by DCC 18.90 or involve activities, improvements or structures covered by DCC 18.96; and 3. All evidence of filming activity and sets is removed from the site and the site is restored to its previous condition within 15 days after the filming is complete. B. Except for the activities allowed outright as set forth under DCC 18.116.270(A), on-site filming and activities accessory to and/or supporting on-site filming may be conducted in any zone or combining zone subject to the approval of the Planning Director or Hearings Body under the provisions of DCC 18.116.270(C). For the purposes of DCC 18.116.270(B) only, "support activities" shall include office administrative functions such as payroll and scheduling; the use of campers, truck trailers and similar temporary facilitates; and temporary facilities used for housing of security personnel. C. Use Limitations. Any use of land or activity involving on-site filming and activities accessory to and/or supporting on-site filming provided for under DCC 18.116.270(B) may be approved upon satisfaction of the following criteria: 1. General Limitations. a. The site under consideration is suitable for the proposed filming or accessory activity based upon the following factors: 1) The design, operating characteristics and duration of the use; 2) Adequacy of transportation access to the site; and 3) The natural and physical features of the site, including but not limited to, general topography, natural hazards and natural resource values. b. The proposed use will be compatible with the existing uses on surrounding properties based upon the factors listed in DCC 18.116.270(C)(1)(a)(i), (ii) and (iii). Chapter 18.116 (7/2010) 2. Special Limitations. In addition to the general limitations set forth under DCC 18.116.270(C)(1)(a) and (b), the following additional special limitations shall be applied, where applicable: a. Filming and accessory or supporting activities proposed for a site designated as exclusive farm use by the zoning ordinance shall be subject to applicable provisions of ORS 215.296. b. Filming and accessory or supporting activities involving structures or improvements regulated under DCC 18.96 (flood plain zone) shall be subject to the applicable provisions of DCC 18.96 unless the Federal Emergency Management Agency authorizes a waiver of the provisions of DCC 18.96. c. Filming and accessory or supporting activities necessitating fill or removal activities shall comply with the applicable provisions of DCC 18.128.270, except that no conservation agreement shall be required where the fill is associated with a temporary structure or improvement and such fill would be removed along with the temporary structure or improvement under a fill and removal permit required by the County. d. Filming and accessory or supporting activities shall not be allowed in any sensitive habitat area designated under DCC 18.90 during the nesting period identified in the ESEE for each site. 3. At the completion of filming, any structure or improvement for which land use approval would otherwise be required shall obtain the required approvals or the structure or improvement shall be removed. The County may require the applicant to post a bond in an amount sufficient to cover the cost of removal for any such structure or improvement. 4. The standards of DCC 18.116.270(B) may be met by the imposition of conditions calculated to ensure that this standard will be met. D. Procedures for review. All applications subject to DCC 18.116.270 shall be processed in accordance with DCC Title 22 with the exception that the Board of County Commissioners shall be the initial hearings body. E. Definitions. 1. For the purposes of DCC 18.116.270 "on-site filming and activities accessory to on-site filming" means: a. Filming and site preparation, construction of sets, staging, make-up and support services customarily provided for on site filming. b. Production of advertisements, documentaries, feature films, television series and other film productions that rely on the qualities of the zone in which the filming is to be located in more then an incidental way. 2. For the purposes of DCC 18.116.270 "on-site filming and activities accessory to on-site filming" do not include: a. Facilities for marketing, editing and other such activities that are allowed only as a home occupation; or b. Construction of new structures that require a building permit. (Ord. 97-007 § 1, 1997) 18.116.280. Home Occupations. A. Home Occupations Permitted Outright In All Zones. 1. Home occupations that operate from within a dwelling, have characteristics that are indistinguishable from the residential use of a dwelling, and meet the criteria in paragraph (A)(2) shall be considered uses accessory to the residential use of a dwelling. 2. Home occupations under this subsection that meet the following criteria are uses permitted outright under Title 18 of the Deschutes County Code, the Deschutes County Zoning Ordinance, in all zones: Chapter 18.116 (7/2010) a. Is conducted within a dwelling only by residents of the dwelling; b. Does not serve clients or customers on-site; c. Does not occupy more than 25 percent of the floor area of the dwelling; d. Does not produce odor, dust, glare, flashing lights, noise smoke or vibrations in excess of that created by normal residential use. e. Does not include the on-site advertisement, display or sale of stock in trade. B. Types. In addition to the home occupations allowed in Section A above, three Types of home occupations maybe allowed with limitations on location and intensity of allowed uses. Type 1 allows low intensity uses and Types 2 and 3 allow progressively greater intensity of uses. C. Type 1. Where permitted outright, a Type 1 home occupation does not require a land use permit but shall be subject to the following criteria. A Type 1 home occupation: 1. Does not require a minimum parcel size. 2. Is conducted within a dwelling or a residential accessory structure only by residents of the dwelling 3. Does not occupy more than 25 percent of the combined floor area of the dwelling including attached garage and one accessory structure. 4. Creates no more than five (5) trips to the site per day for customers or clients, including parcel delivery services; 5. May include employees or contractors that work off - site; 6. Does not produce prolonged odor, dust, glare, flashing lights or noise smoke, and vibrations in excess of that created by normal residential use 7. Does not involve the on-site advertisement display or sale of stock in trade, other than vehicle or trailer signage. 8. Does not include building or ground mounted signs. 9. Does not include outsides storage of equipment or materials used in the operation of the home occupation. 10. Has adequate access and on-site parking for not more than one (1) customer, or delivery vehicle at any given time. 11. Allows on-site one (1) business-related vehicle or truck not exceeding 15,000 pounds gross vehicle weight and one (1) other non-motorized wheeled equipment (trailer) which shall not exceed 3,000 pounds gross vehicle weight. 12. Complies with all requirements of the Deschutes County Building Safety Division and the Environmental Health Division and any other applicable state or federal laws. Compliance with the requirements of the Deschutes County Building Safety Division shall include meeting all building occupancy classification requirements of the state-adopted building code. 13. Is conducted in such a way that it is compatible with the residential character, or in resource zones, resource-oriented character of its location. 14. Does not involve any external changes to the dwelling in which the home occupation will be established that would give the dwelling an outward appearance of a business. 15. Allows for servicing, inspecting, loading, and or dispatching of vehicles and equipment incidental to the home occupation and stored within the dwelling, attached garage or accessory structure. D. Type 2. A Type 2 home occupation may be allowed as a conditional use with an approved conditional use permit subject to the approval criteria below. A Type 2 home occupation is not subject to the approval criteria for a conditional use permit in DCC Chapter 18.128.015 or a site plan review under DCC Chapter 18.124. Type 2 home occupations are subject to the standards of the zone in which the home occupation will be established A Type 2 home occupation: 1. Is conducted from a property that is at least one-half (1/2) acre in size. 2. Is conducted within a dwelling and/or an accessory structure by residents of the dwelling and no more than two (2) employees who report to the property for work. Chapter 18.116 (7/2010) 3. May include employees or contractors that work off site. 4. Does not occupy more than 25 percent, up to a maximum of 1,500 square feet, of the combined floor area of the dwelling, including attached garage and one (1) accessory structure. 5. May include on-site sales of products associated with the home occupation that are incidental and subordinate to the home occupation. 6. Creates no more than ten (10) business-related vehicle trips to the site per day by employees, customers or clients, and parcel delivery services. 7. Has adequate access and on-site parking for not more than four (4) customer and employee, or delivery vehicles at any given time. 8. Is limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, for operation. 9. Does not involve any external changes to the dwelling or the accessory structure in which the home occupation will be established that would give any building an outward appearance of a business. 10. Does not produce prolonged odor, dust, glare, flashing lights, noise, smoke, or vibrations in excess of that created by normal residential use. 11. Complies with all requirements of the Deschutes County Building Safety Division and the Environmental Health Division and any other applicable state or federal laws. Compliance with the requirements of the Deschutes County Building Safety Division shall include meeting all building occupancy classification requirements of the state-adopted building code. 12. May have one (1) sign, ground-mounted or wall-mounted, as defined in DCC Chapter 15.08 that is no more than three (3) square feet in area, non-illuminated. The ground- mounted sign and support shall not exceed 6 feet in height and is located on the property from which the home occupation will operate. Such signs do not require a sign permit under DCC Chapter 15.08, Signs. 13. May be subject to an annual inspection, as a condition of an approval, to ensure compliance with the requirements of this section and the conditions of an approved conditional use permit. 14. Allows on-site one (1) business-related vehicle or truck not exceeding 15,000 pounds gross vehicle weight and one (1) other non-motorized wheeled trailer which shall not exceed 10,000 pounds gross vehicle weight. 15. Does not include outside storage of equipment or materials used in operation of the home occupation. 16. Is conducted in such a way that it is compatible with the residential character, or in resource zones, resource-oriented character of its location. 17. All employee, customer and delivery vehicle parking spaces shall be on-site and shall be located outside of the required zone setbacks. 18. Any structure on the property where the home occupation is conducted shall be of a type normally associated with the zone where it is located. 19. Does not include structural alterations affecting the residential appearance of a building to accommodate the home occupation except when otherwise required by law, and, then, only after the plans for such alterations have been reviewed and approved by the Deschutes County Planning Division. 20. Allows servicing, inspecting, loading, and or dispatching of vehicles and equipment incidental to the home occupation and stored within the dwelling, attached garage or accessory structure. 21. Does not include the following activities: a. Repair, towing, or storage of motorized vehicles and equipment, including but not limited to automobiles, trucks, trailers, recreational vehicles, and boats. b. Detailing, painting, and upholstery of motorized vehicles. Chapter 18.116 (7/2010) c. Businesses that store and use vehicles with a gross vehicle weight rating of greater than or equal to 15,000 pounds or equipment with an operating weight greater than or equal to 10,000 pounds. d. Appliance repair. e. Welding or machine shop. E. Type 3. Type 3 home occupations may be allowed as conditional uses with an approved conditional use permit. Such uses are subject to the standards of the zone in which the home occupation will be established, in DCC Section 18.128.015, and the following limitations. A Type 3 home occupation: 1. Is conducted from a property that is at least one-half (1 /2) acre in size. 2. Is conducted in such a way that it is compatible with the residential character, or in resource zones, resource-oriented character of its location. 3. Is conducted within a dwelling and/or an accessory structure by residents of the dwelling and no more than two (2) employees who report to the property for work. May have a maximum of five (5) employees at the home occupation located on property in an EFU, MUA10, or RR10 zone and that is at least 10 acres in size. 4. May include employees or contractors that work off site. 5. Does not occupy more than 35 percent of the combined floor area of the dwelling, including an attached garage and one (1) accessory structure. 6. May include on-site sales of products associated with the home occupation that are incidental and subordinate to the home occupation. 7. Creates no more than twenty (20) business-related vehicle trips to the site per day by employees, customers or clients, including parcel delivery services. 8. Has adequate access and on-site parking for not more than five (5) customer, employee, or delivery vehicles at any given time. 9. Is limited to the hours and days of operation proposed by an applicant and approved with a conditional use permit. 10. Does not involve any external changes to the dwelling or accessory structure in which the home occupation will be established that would give the dwelling an outward appearance of a business. 11. Does not produce prolonged odor, dust, glare, flashing lights, noise smoke, or vibrations in excess of that created by normal residential use. 12. Complies with all requirements of the Deschutes County Building Safety Division and the Environmental Health Division and any other applicable state or federal laws. Compliance with the requirements of the Deschutes County Building Safety Division shall include meeting all building occupancy classification requirements of the state-adopted building code. 13. May have one (1) sign, ground-mounted or wall-mounted, as defined in DCC Chapter 15.08 that is no more than three (3) square feet in area, non-illuminated. The ground- mounted sign and support structure shall not exceed 6 feet in height and is located on the property from which home occupation will operate. Such signs do not require a sign permit under DCC Chapter 15.08, Signs. 14. May include outside storage of equipment and materials on parcels approved for a home occupation, not to be included in the 35 percent of combined floor area. 15. Allows for servicing, inspecting, loading, and or dispatching vehicles and equipment incidental to the home occupation and stored within the buffered and screened outside area. 16. Requires review of the home occupation approval every 12 months by the planning division to ensure compliance with the requirements of this section and the conditions required for approval of the use. 17. Conducts all home occupation activities within one or more structures on the property that are of a type normally associated with the zone where it is located. Chapter 18.116 (7/2010) 18. Locates all employee, customer and delivery vehicle parking spaces on-site and outside of the required zone setbacks. 19. Parks all vehicles used by the operator to conduct the home occupation that have a gross vehicle weight of 15,000 or more pounds in a garage, an accessory structure, or within a screened area according to the requirements of DCC 18.116.280(E)(21)(a) through (e). 20. No structural alteration affecting the residential appearance of a building shall be allowed to accommodate the home occupation except when otherwise required by law, and then only after the plans for such alterations have been reviewed and approved by the Deschutes County Planning Division. 21. Includes no outside storage unless the subject property is 10 or more acres in size and the storage is setback a minimum of 20 feet from all property lines, and is maintained to screen materials and equipment from residences on adjacent properties. The form of screening may include, but is not limited to: a. A sight-obscuring fence, as defined in DCC 18.04.030. b. Intervening tree cover. c. Topography. d. Existing buildings on site. e Introduced landscape materials, including, but not limited to, trees and/or shrubs on an earthen berm. F. Type 4. Type 4 home occupations may be allowed as conditional uses with an approved conditional use permit only in the Exclusive Farm Use Zone. Such uses are subject to the standards of DCC 18.16.044, and DCC 18.128.015, and the following limitations. A Type 4 home occupation: 1. Is limited to 12 calendar days per year for commercial events. 2. Sound amplification for events shall only be allowed inside fully enclosed permanent structures. 3. Commercial events must be operated substantially within the dwelling or other buildings normally associated with uses permitted in the zone in which the lot, parcel or tract is located. 4. No more than five (S) einployees may report to the property for work exclusive of any private vendors/caterers. 5. Employees and contractors that work off site are permitted. 6. On-site sales of products that are associated with, incidental and subordinate to the home occupation are permitted. 7. May have one (1) sign, ground-mounted or wall-mounted, as defined in DCC Chapter 15.08 that is no more than twenty (20) square feet in area, non-illuminated. The ground- mounted sign and support structure shall not exceed 6 feet in height and is located on the lot, parcel, or tract from which the home occupation will operate. A sign permit under DCC Chapter 15.08, Signs shall be required. 8. Creates no more than ten (10) business-related vehicle trips to the site per day by employees, customers or clients, including parcel delivery services on non-commercial event days. 9. Creates no more than fifty (50) business-related vehicle trips to the site per day by employees, customers or clients, including parcel delivery services on the twelve (12) calendar days per year approved for commercial events. (Ord 2007-021 §1, 2007; Ord 2004-002 §24, 2004, Ord 2011-XXX) 18.116.290 Amateur Radio Facilities Chapter 18.116 (7/2010) 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; 3. Amateur radio facilities shall not include attached signage, symbols, or decorations, lighted or otherwise, other than required unlighted signage for safety or regulatory purposes; 4. The property owner shall obtain a valid building permit if required from the Deschutes County Community Development Department, Building Safety Division; 5. 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 County Community Development Department, Building Safety Division at time of application for a building permit; and 6. 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) TABLE 1 DCC Section 18.116.030 OFF-STREET PARKING LOT DESIGN A B C D E F 9'-0" 9.0 12.0 22.0 30.0 0° 9'-6" 9.5 12.0 22.0 31.0 10'-0" 10.0 12.0 22.0 32.0 9'-0" 19.8 13.0 12.7 52.5 45° 9'-6" 20.1 13.0 13.4 53.3 10'-0" 20.5 13.0 14.1 54.0 9'-6" 21.2 18.0 11.0 60.4 600 10'-0" 21.5 18.0 11.9 61.0 9'-0" 21.0 19.0 9.6 61.0 70° 9'-6" 21.2 18.5 10.1 60.9 10'-0" 21.2 18.0 10.6 60.4 9'-0" 20.0 24.0 9.0 64.0 Chapter 18.116 (7/2010) 90° 9'-6" 20.0 24.0 9.5 64.0 10'-0" 20.0 24.0 10.0 64.0 A. Parking Angle B. Stall Width C. 20' Stall D. Aisle Width-One Way* E. Curb Length Per Car F. Bay Width * 24' Minimum for Two-Way Traffic Chapter 18.116 (7/2010) also require that an adequate mechanism will exist, such as an owners' association, that will assure maintenance of such facilities. D. No structure shall be utilized as a time-share unit unless all the units in the structure or particular phase of the development are used as time-share units for this purpose. (Ord. 2000-033 §9, 2000) 18.128.375. Private Parks - Commercial Events A private park established under this section for commercial events shall meet the following standards and criteria: 1. Only allowed in the Exclusive Farm Use Zone. 2. The lot parcel or tract must contain an owner-occupied single family dwelling, and the event venue shall be operated by the owner(s) of the property, exclusive of catering or other contracted services. 3. The application must identify and establish an approved "activity area", which includes all land area to be used for the commercial event, including permanent and temporary structures, access and egress, and parking facilities to be used for commercial events. 4. The activity area shall be sited and designed to minimize noise, glare, odor, traffic, and other adverse impacts to dwellings on adjacent lots or parcels. 5. The minimum lot size shall be 15 acres. 6. Commercial events are limited to 18 calendar days per calendar year, exclusive of set-up and take-down activities. 7. Commercial events shall not be held on consecutive weekends, and commercial events shall not occur more than 6 calendar days in any month. 8. The activity area shall meet the following minimum setback requirements from the property line: a. 100 feet for up to 9 calendar days for commercial events per calendar year. b. 250 feet for more than 9 calendar days for commercial events per calendar year. 18.128.380. Procedure for Taking Action on Conditional Use Application. The procedure for taking action on a conditional use application shall be as follows: A. A property owner may initiate a request for a conditional use by filing an application on forms provided by the Planning Department. B. Review of the application shall be conducted according to the terms of DCC Title 22, the Uniform Development Procedures Ordinance. (Ord. 86-032 § 1, 1986) 18.128.390. Time Limit on a Permit for a Conditional Use. Duration of permits issued under DCC 18.128 shall be as set forth in DCC 22.36. (Ord. 95-018 §4,1995; Ord. 91-020 §1, 1991) 18.128.400. Occupancy Permit. The Planning Director or Hearings Body may require an occupancy permit for any conditional use permitted and approved pursuant to the provisions of DCC Title 18. The Planning Director or Hearings Body shall consider such a requirement for any use authorized by a conditional use permit for which the ordinance requires on-site or off-site improvements or where such conditions have been established by the Planning Director or Hearings Body upon approval of such use. The requirement of an occupancy permit shall be for the intent of insuring permit compliance and said permit shall not be issued except as set forth by the Planning Director or Hearings Body. The authority to issue an occupancy permit upon compliance with the requirements and conditions of a 18-128 (07/2010) u~ 2-A Community Development Department 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/ December 21, 2010 Amy Pfeiffer, Environmental Project Manager ODOT Region 4 63030 O.B. Riley Road Bend, Oregon 97701 RE: County roads that will require improvement to County standards due to ODOT 97/20 project at North End of Bend Dear Amy, Deschutes County appreciates the opportunity as an agency of record to comment on the alternatives for re-routing U.S. 97 in the north end of Bend. Tom Blust, Road Department Director, George Kolb, County Engineer, and myself met and discussed the proposed alternatives of East DS1 and East DS2 as shown on maps dated November 2010. We have limited our comments to County roads we feel will need to be brought up to County standards due to changes in traffic distribution and/or highway access resulting from the ODOT 97/20 project at the north end of Bend. Several of what are now local streets will begin to function more as collectors as traffic will carve out new patterns to reach the highway. East DS-1 (full interchange north of cemetery) Fort Thompson: Entire length. While the map indicates Fort Thompson extends south to Harris as there is a paved road it is unclear if there is dedicated right of way for that road. Harris Way: From its terminus all the way south to Bowery Lane. Additionally, while the drawings indicate extending Harris through to Hunnell, which the County agrees makes sense, there is no dedicated right of way. Bowery Lane: Entire length from Hunnell road east to its connection to the new Third Street and west from US 97 to the new Third Street. The County strongly suggests rather than improving Bowery Lane, that instead ODOT look at extending Rogers Road east of Hunnell to provide a connection to the new Third Street. Hunnell Road: From Harris Way south to Cooley with the southern portion of Hunnell realigned westward to Berg Lane beginning at about Loco. This would result in a signalized four-legged intersection at Cooley/Hunnell. The current leg of Hunnell north of Cooley to Loco could be made into a cul-de-sac. Quality Services Performed With Pride r-, Rogers Road: Consider extending eastward to the new Third Street alignment Cooley Road: OB Riley Road east to US 20 given signalization of US 20/Cooley will draw increasing amounts of traffic. Robal Road: OB Riley to US 20 (new roadway). East DS2 (NB on, SIB off only interchange near cemetery) Bowery Lane: Harris Way to east end of new roadway across US 97 and west to Hunnell Road. Again, the County would urge ODOT to consider extending Rodgers Road east, which in this case would be to Bowery. New Road from cemetery to Bowery Lane: entire length Hunnell Road: Lowe Lane (approximately 4,100' north of Rodgers Road) south to Cooley, again with Hunnell angled westward to use Berg Lane. Cooley Road: OB Riley to US 20 given signalization of US 20 will increase traffic on this leg. Robal Road: OB Riley to US 20 (new roadway). Again, we thank you for the opportunity to provide comment and look forward to continuing to work with the Oregon Department of Transportation (ODOT) and the City of Bend on solving the traffic problems in the urban-rural interface at the north end of Bend. Please let me know if you have any items you wish to discuss with us further. Thank you. Peter Russell Senior Transportation Planner cc: Tom Blust, Road Department Director George Kolb, County Engineer Dennis Luke, Chairman, Deschutes County Board of Commissioners 2 0 A, Community Development Department 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/ August 2, 2011 Amy Pfeiffer, Environmental Project Manager ODOT Region 4 63030 O.B. Riley Road Bend, Oregon 97701 RE: Comments on US 97 draft Environmental Impact Statement (DEIS) Dear Amy, Deschutes County appreciates the opportunity as an agency of record to comment on the alternatives for re-routing U.S. 97 in the north end of Bend. The County reiterates its comments and concerns about the ripple effect the project will have on County roads. I've enclosed a copy of our Dec. 21, 2010, letter that summarized the County's issues. The project has a worthy goal of eliminating direct accesses and public street connections to this rural high-speed section of US 97. However, as drivers on the west side of US 97 lose the ability to easily make a right turn to head into Bend, they will be forced to travel substandard County roads. The County is extremely concerned regarding Hunnell Road and Bowery Lane. Under either alternative, there will be significant traffic shifts onto these roads to access either the new Third Street and/or Cooley Road. This area of the County between Old Bend-Redmond Highway and US 97 also lacks any efficient east-west connectivity, so the County would encourage ODOT to look at extending Rodgers Road to the east. The scale of the project and its location will'require the Oregon Department of Transportation (ODOT) to apply for land use approval from Deschutes County, including conditional use permits and possibly a goal exception. ODOT will need to satisfactorily address the County's transportation concerns regarding,'Hunnell Road and Bowery Lane at the time of land use. Please enter this letter and our December 21, 2010, letter into the final EIS and any changes to improvements to County roads as a result of these letters. Again, the County supports this project provided it does not adversely affect County roads or rural residents. Thank you. Peter Russell Senior Transportation Planner cc: George Kolb, Interim County Road Department Director Enclosure: Letter from Peter Russell to Amy Pfeiffer, dated December 21, 2010. Quality Services Performed zvith Pride i Exhibit 2-12: East DS1 Alternative: North Section Design 1 Ft Thompson Ln ao ob ~ ~ rt ~ o h z ~ o. T O a n m w~ m m H + A N / '14 1 Suzanne Ln Deschutes Memorial Gardens x i 1 ! Cooley Rd N. © Ri h f g t o way 74 It road Bike/Shoulder Bike/Shoulder Lane Lane Median Lane Lane + + t I8 ft112 ft 112 ft I Ditc 10 ft 12 ft 112 ft 18 ft Ditch 8, hes utili u NOT TO SCALE 0 0.15, n Miles - Roadway r-- Railway r_ Highway Improvements ss Local Street Improvements Building Footprint 0 Over/Under Crossing 0 Signal City of Bend UGB Q Emergency Provider Only Turn Around US 97 Bend North Corridor Project July 2011 1 2-15 © Right of way 32 ft road Shoulder Shoulder adway Ro 1 Ditch & I4 ftI 24 ft I4 ftI Ditch & utilities utilities NOT TO SCALE g AN G Ri ht f way g o 50 ft road y Bike/Shoulder Lane Median Lane Bike/Shoulder \ + f ~ Ditch and 16 ft l '12 ft I 14 ft ) and 12ft I6ft I Ditch - utilities utilities NOT TO SCALE =n =ate 51 M H a H a3 W d a 3 2n d w A o c M 0 o n w = ~ r Lq .a o rt K a 0) o n a K V I-' VV Chapter 2 1 Alternatives r+ Z ado 6 V O d d N M E U E o ~ W bo M E A r w ~ to 2 d= V a d' s. a ~ E U A „a d L 15 E v 4! ~ i PO L E N r q bE V ss d a .n ~o m o V m M °c a y E ~ o Vc U O I~ v M v 0J A E U V lJ ~m D~ Z" 0 N CI) 'U O 0 .q 2-16 1 July 2011 t Between Grandview Drive and Fort Thompson Lane, a number of new connections or new roads would be constructed: ■ A new road would extend east of 3rd Street to access existing properties north of the Deschutes Memorial Gardens and Chapel ■ A new road would connect Bowery Lane to Suzanne Lane ■ A new road would extend east of Harris Way to access existing properties between Harris Way and US 97 ■ An upgraded connection would be provided between Fort Thompson Lane and Harris Way, and between Harris Way and Hunnell Road. ■ A new road would extend north and south of 3rd Street to access existing properties east of US 97. New county roads and private driveways have been designed to meet the appropriate standards. Existing substandard county roads would not be upgraded by this project, but could be prioritized and develop( as stand alone projects in the County TSP's and State STIP projects. US 97 Bend North Corridor _.L_ r-# nct Alternative chapter 2 Alternatives DodUf drIf Reproduces pooq (Archived) hibit 2-14: East DS2 Alternative: North Section Design Ex d w Z < P. d d Ln v oa Ft Thompson U o- a 97 N 3 ~°•1 Ua E o < o Suzanne Ln - w m , C1 E < y 1s I I d A W m F~ v y H ~ U a Right of way ` Cieschutes 32 ft road Memorial Shoulder Gardens f i Shoulder Roadway l h w v ! Ditch and 4 ft 24 ft 14 ft I Ditc I utilities NOT TO SCALE U U ® j Right of way F, 98 ft road d y roP Sidewalk Bike Lane Sidewalk Lane Median ne Lane Bike ' t ~ ° 7 16 ft 12 ft 12 ft 6 ft ft 5 ft Utilities 12ft QJ d. E r Utilities. 5ft Eft6ft 12ft vii « I NOT To SCALE { Cooley Rd ® Right of way l 74 ft road Bike/Shoulder r " Bike/Shoulder Lane Lane Median Lane Lane 'f 12 ft 8 ft Ditch & c o 4 N A Ditch& Igft 12ft utilities 10 ft 12 ft 12ft ' Q+ E utilities - NOT TO S i E - / ~ ~ J I _ MACS o / j- l / at g^ ' Building Footprint Q Over/Under Crossing o Si ` o ri Highway Improvements r• Local Street r r-r Roadway Railway Improvem . ents ^ City of Bend UGB © Emergency Provider Only Turn Around Landscaping ► r i E US 97 Bend North Cot# V 2-18 July 2011 Design Features Unique to the East DS2 Alternative North Section: Cooley Road to Fort Thompson Lane For the East DS2 Alternative, US 97 would have two northbound and two southbound travel lanes separated by a median barrier. North of Cooley Road, 3rd Street would have two travel lanes in each direction separated by a median that would also serve as a turn lane. The new extension of 3rd Street would connect with US 97 through a directional interchange on the southeast side of the Deschutes Memorial Gardens and Chapel (Exhibit 2-14 and Exhibit 2-15). The directional interchange would allow southbound US 97 traffic to flow freely via an off-ramp to southbound 3rd Street. The directional interchange would also allow northbound 3rd Street traffic to cross over US 97 and flow freely via an on-ramp to northbound US 97. From Cooley Road, travelers would travel approximately 0.6 miles on northbound 3rd Street to access northbound US 97 via the new directional interchange.' From Cooley Road, travelers would travel approximately 1.5 miles on southbound 3rd Street to access southbound US 97 via the Empire Avenue interchange. Between Grandview Drive and Fort Thompson Lane, a number of new connections, new local roads, or upgrades to existing local roads would be constructed: ■ Bowery Lane would be upgraded and extended to the east, across US 97 ■ Anew road would extend north and south of Bowery Lane to access existing properties east of US 97 ■ A new road would extend south of Bowery Lane to access existing properties southwest of the Bowery Lane overcrossing ■ A new road would extend north of Bowery Lane to access existing properties northwest of the Bowery Lane overcrossing of US 97 ■ A new road would extend east of Harris Way to access existing properties between Harris Way and US 97 ■ An upgraded connection would be provided between Fort Thompson Lane and Harris Way, and between Harris Way and Hunnell Road. New county roads and private driveways have been designed to meet the appropriate standards. Existing substandard county roads would not be upgraded by this project, but could be prioritized and developed as stand alone projects in the County TSP's and State STIP projects. Alternatives I Chapter 2 -0 n a= ~ b a M ' a ►t =N T Definition 0 Directional Interchange A directional interchange is an interchange between two major highway or freeway facilities where all of the movements are maintained H without stopping or delays. N n °b v 3 W m P0 3 :r d n~ ~ ro b ~ y .p ~o n w=x ~ N :?g m tn ~H v n 3 ~ % M a ~d Ho ~n 3 ~ v K V US 97 Bend North Corridor Project July 2011 1 2-17 September 7, 2011 Alan Unger, Deschutes County Commissioner Tammy Baney, Deschutes County Commissioner Tony DeBone, Deschutes County Commissioner Subject: Hunnell United Neighbors Oppose East DS1 Alternative; US97 Bend North Corridor Project Dear Commissioners: My name is Michel Bayard and I am the president of the Hunnell United Neighbors, Inc., (HUNS), a 163 family land-use and transportation focused action group that was formed in 2005 and incorporated in 2006. The HUNS act on behalf of the MUA-10 zoned residential area north of the Deschutes Memorial Gardens Cemetery, east of Old Bend Redmond Highway, west of US97 and south of Pohaku Road in Deschutes County, specifically, with the goal of keeping this area rural and free from growth inducing and urbanizing incursions such as the US97 Bend North Corridor Project's East DS1 Alternative. The HUNS are not against progress and we are in favor of development that will produce much-needed employment in Central Oregon. What we do oppose is the alternative East DS1, being proposed by ODOT under the US97 Bend North Corridor Project. The East DS1 alternative proposes to: • Build a Northern interchange one mile to the north of the city of Bend's existing UGB • Connect the Northern interchange to a northern extension of the 3rd Street arterial (the former alignment of US97 before the Parkway was built) that will extend one mile north of Bend's UGB • The Northern Interchange will redirect as much as 75% of the "local and regional trip traffic" from US97 onto Deschutes County's local road network • Roads that will be impacted include Hunnell Road, Rogers Road, Harris Way, Bowery Lane, Lowe Lane, Scenic Way, Suzanne Lane, Fort Thompson Lane and the Old Bend Redmond Highway • The northern extension of 3rd Street will cut through the heart of the Rock 0' the Range neighborhood, which is one of nine separate neighborhoods within the larger HUNS area • On page 4-12 of ODOT's Draft Environmental Impact Statement (DEIS), it notes that without the rp oiect, "higher traffic volumes and increased traffic demand on local roads, resulting in increased cut-through traffic over time in neighborhoods will result in disrupting community cohesion • Yet there is virtually no traffic in this area today; cut-through traffic does not pass through the area as the road network is unimproved, and in some cases one lane wide • On page 4-13 of the DEIS ODOT notes that, "displacement of four residences under the East DS1 alternative would contribute to a minor, localized change in that neighborhood. These displacements could impact residents with long tenure in these neighborhoods and could slightly alter community activity and communication". This is a wild understatement, as East DS1 promises to route approximately 30,000 vehicle trips off of US97 and onto local roads (Traffic Analysis Appendices, Appendix H, pages H-92 through H-95. * U en's ,Rept'oduces 9007'T kchived) East DS1 proposes the construction of a full diamond interchange one mile north of the Bend UGB (Juniper Ridge I 0 ~f5 with 19' Street Extension It is clear that the East DS1 alternative is focused on the city of Bend's Juniper Ridge development project. While ODOT elected not to opt for the East DS1 Alternative with 18th Street Extension (see above) is is definitely being considered for the future. Yet ODOT itself says that a full interchange is much more senstive to surrounding land uses and densities than a partial interchange. A partial interchange (such is being proposed by the East DS2 Alternative), is less risky per page J183, ODOT's Final Traffic Planning Technical Report, December, 2010. (See below for the actual quote: Alternative Comparison across a'l of the a[ternztivcs. ti,. c -fc:,encQ cafe pz} ,I`al sysicri or scrvicc interchange, versus a rut] service type intcrclaacngz is ininimul nr existing Iced rises. A ne`v ror4h-soulh a te. it 0 hetvi,een Juniper Ricge u-id hmpire needs to lie eo snider to support a new 1611 inwrchartge ern "-'S97. contbi a:ion ill result it) a 20 to 25 % decrease of volu=s ern IJS9 7 as sera, trips wil: diver, to yhc ne x-v arte:-it 1. A Rill interchaanue is muc I m®r,- sensitive to Burro andittg and ulse.c; d densities than a parial interchange. Under a Junipzr Ridge (1,500 zcres) pre ptJSat:, ELsi ali:cr J:~.ivzs arc marc sensitive with a 600/ t increase on LS97 ove.• a Wcst alterrativc vdth -301!i. This %v lI result in a net ;-n-pact to US97 of 10 to 4M.'' ir~,-.r .lay; ex°st;ng larig cscs. Co-nsiruc:ion of'a felt interchange immediwtely is very risky hecausz of he unknwt n volume im-met, err the paartiz] half dial?cord train-is to%f'ro^n tl^ r;oril*_) sliGul b, c1l s^l2:ct~it firs:. Aft;r filth Iocai systcm is expunded ircluding the nets norih-suutl zrtZria- he rumps tr; fri m the south could the constructed, Table 12 shows a summary of fill,- significant positive, neyulral and negative alternative impacts. This scenario has US97 on the cast corridor alignment. US97 has a full interchange north of Cooley Road with an extension of 3'u Street. Third Street provides local access nordn of Cooley Road and a future connection into the Juniper Ridge development- Third Street is two lanes from the interchange down to start of the commercial area north of Cooky Roil. A northbound left-exit o8'--romp from US97 provides a connection to US20 via the existing bop ramp and to 3`J Street. In addition, from the northern interchange south to the US20/Butler Market Road interchange, all of the on-mmps have ramp metering. This scenario is the same as the East DS I scenario except for the extension of 3"n Street (E-W Arterial) to an extended l8a Street. Eighteenth Street has been upgraded to four lanes and has arterial classification from Empire Avenue to the E-W Arterial. Of particular concern to taxpayers, is that the US97 Bend North Corridor Project's traffic projections were based on outdated data inputs and assumptions that Bend's UGB expansion proposal was acknowledged by the Oregon DLCD. Specifically: • ODOT is basing its trend analysis using traffic volumes captured in 2007 • These volumes represent highway activity that corresponded with Bend's real estate boom • ODOT is using "straight line" projections to project traffic growth between 2007 and 2035 • Per ODOT's own automatic traffic recorders (the data from which is online at this website) http://www.oregon.eov/ODOT/TD/TDATA/tsm/`tvt.shtml/shtml: o Traffic volumes have declined by between seven and 15% in the portion of the US97 corridor impacted by the proiect • ODOT is basing its population growth projections on 2000 US Census data and on the population growth numbers used by the City of Bend to project its 20-year land need for the Bend UGB o Population in Bend has declined by approximately 4,000 persons (5%) since 2007 • ODOT's Purpose and Need statement for the US97 Bend North Corridor Project cites a need to improve safety in the US97 Corridor around Cooley Rd. and Robal Road o Analysis of ODOT's safety data (for a study period ending in 2009) shows the real safety problems are at OB Riley Rd. at Empire, US20 at Robal Road, and OB Riley Rd. and US20 o Of the 7 traffic fatalities that occurred in the 6 year period in the part of US97 impacted by the project, only 1 occurred at Robal Road. There were no fatalities at Cooley Rd. o Three of the 7 fatalities occurred at least three miles north of the Cooley Rd. / US97 intersection - much closer to the Deschutes Market Rd. interchange than to Cooley o Per the Oregon State Police report, the Robal Road fatality resulted from a medical event that caused a driver to plow into the back of a line of cars waiting for a light o During this same period of time, there were three fatalities on OB Riley Road o In fact, ODOT itself states that "the 2009 intersection • ODOT has assumed that 1,000 acres of Juniper Ridge will be included in Bend's UGB expansion o It assumed that Juniper Ridge will generate between 12,000 and 15,000 jobs by 2030 • ODOT considered connecting the Northern Interchange to 18th Street, which runs through the heart of Juniper Ridge. o There is ample evidence in the record that the US97 Bend North Corridor project is designed to enable Juniper Ridge o The Bend Metropolitan Planning Organization (Bend MPO) has only $40 - $42 million in its "2007 - 2030" project fund ■ The US97 project and others aimed at promoting development at Juniper Ridge are expected to consume most or all of the Bend MPOs funding through 2030 ■ The transportation projects for Redmond and other Deschutes County cities will suffer from the diversion of funds to support this Juniper Ridge oriented project We encourage the Deschutes County Board of Commissioners to reject ODOT's projects aimed at furthering a development project associated with a local agency (the city of Bend). It is bad enough that the city of Bend has entered into the land development business. We do not need ODOT to be their partner in this speculative project. Bend's future- relies on reroute. By David Dili and Jerry Mitchell Bulletin guest columnists M any members of the Bend community are aware . that the Oregon Department of Trans- portation has recently issued a draft environmental impact statement for ODOT's North Corridor project, which proposes to reroute U.S. Highway 97 in the north end of Bend between the Em- pire Avenue interchange and a point about a mile north of Cooley Road. Two alternatives have been prepared and studied: "DS-1," which would pro- vide a full-highway interchange just north of where Bowery Lane meets Highway 97, and "DS-2," which would provide a set of limited-access flyover ramps immediately. ;east of the Des- chutes Gardens cemetery. Between the. Empire interchange and Cooley Road, ,•~ives are idektticr;l. ODOT lies cenducted tutilerous.pulr` lic meetings to discuss this project with the community over the past several years; and recexly held an additional meeting to review the details of the draft environmental impact statement and to take public testimony. Based on public input and its own analysis, ODOT will soon make a selection of one of the two alternatives and put that alternative through a final envi= ronmental impact statement analysis, a process which will likely-take an ad- ditional 18 to 24 months. We feel it is of vital importance that the community understand the criti- cal nature of this decision. There, are pros and cons with each of the two alternatives, but the issue which we feel requires the most careful study by ODOT and the community., as a whole is access to Juniper Ridge. : Cooley Road is currently the only means of access to Juniper Ridge. N MY VIEW limit the access to a 500-acre mixed use 'project to a single roadway that passes through a residential neighbor- There,are approximately 525 acres of . hood and directly past two schools the Juniper Ridge property within the would be a highly dubious planning Urban Growth Boundary. Approxi- decision that could be seen as a fatal mately 300 acres of the property are flaw by companies considering locat- now zoned light industrial; the remain- ing at Juniper Ridge. In fact; an access der is still zoned urban area reserve. to the Juniper Ridge property at its The remainder urban area reserve northern boundary, with direct access acreage is proposed to become the to Highway 97, is clearly vital to the mixed=use "town center" component project's success. of Juniper Ridge. There are currently We respectfully acknowledge the only two companies at Juniper Ridge: concerns about Alternative DS-1 that the Les Schwab headquarters and the have been raised by the Hunnell United Suterra headquarters and manufactur- Neighbors as well as the Cascade Vil- mg facility. Traffic impact on Cooley lage retail consortium. We agree that Road by these two companies is mini- DS-1's proposed alignment of Third maL Obviously, traffic on Cooley Road Street north of Cooley Road is intru- willn, i areaseasfJumperRidgeogrows: slue upon the Hunnell neighborhood, Tie DS-l alternative <wcinld ' aild. that additional study of athis .area 4or additional accesstb' an , o ~s; necessary(~bristractive• diatbgfias at the^ria t %end. of the ; taken place with r natives of the property, which is consistent with the. Hunnell neighborhood, out of which City Council-approved Cooper Robert has: come a suggestion that ODOT re- son Conceptual Master Plan. This ac- evaluate the original "East 1" scheme. cess would alleviate and balance traf-- . We would strongly support such a step fie growth on Cooley Road. The DS-2 by ODOM . alternative precludes this opportunity, Bend's future depends on a sen- and would force all future Juniper sible, well-planned solution to a sig- Ridge traffic to Cooley Road Cooley ntficant transportation problem at Road is classified as a minor arterial in the north end of the city. We urge the the -city's transportation system plan, community to study this issue care- eventually, Cooley Road is proposed fully, and let your voices be heard be= to be extended to the east to connect to fore the public comment period ends Deschutes Mart Road. The roadway Sept. 12, 2011. Information on -the runs through a residential neighbor- North Corridor Project and the draft hood (part of the Boyd Acres Neigh- environmental impact statement can borhood Association), and -rdirectly be found on the project website at past the Lava Ridge/Sky View school wwwus97solutions.org. l comp ex. It is our view (and we are,speaking David Diaz and Jerry Mitoheil recently, as private citizens, not as reppresenta- served as the city of Bend's project ' tives,of the city) that the selection- of ' executive and staff development. ' Alternative DS-2 will severely threat- MwWer, respectively, forJuniper en the success of - Juniper Ridge'To Ridge. : 31l~lt~ssitirt rdn~Ad►i;Vlaru:~rii-cnnri l'srWortA QH ira;fyy View.. j X04 Document Reproduces poorly (Archived)