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2014-366-Minutes for Meeting June 16,2014 Recorded 7/15/2014 DESCHUTES NANCY BLANKENSHIP,P RECORDS COUNTY CLERK 4d 2014366 COMMISSIONERS' JOURNAL 07/15/2014 08;07;15 AM I11IIJIIiiIIUIhIIIUII III III 2 1 -3 -A-Ea k ' °(,„ , a r/ ,\ Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 A , (541) 388-6570 - Fax (541) 385-3202 - www.deschutcs.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, JUNE 16, 2014 Present were Commissioners Tammy Baney, Anthony DeBone and Alan Unger. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; and,for a portion of the meeting, Chris Doty, Road Department; Ed Keith, Forester; Joe Stutler, Forest Advisor; Dan Despotopulos, Fair &Expo; Paul Blikstad, Community Development; Dave Doyle and Laurie Craghead, County Counsel; Anna Johnson, Communications; and approximately twenty other citizens, including media representative Richard Coe of The Bulletin. Chair Baney opened the meeting at 1:30 p.m. 1. Wildfire Preparedness Discussion. Joe Stutler discussed the Oregon Department of Forestry regulated closure proclamation language for Deschutes County, as proposed. He said the Northwest Coordination Center in Portland's predictive services report for the fire season to September has lots of red on it for Oregon. There are extreme drought conditions. The recent Two Bulls fire was early in the year, and fortunately there was a good response since none others were happening elsewhere. Minutes of Board of Commissioners' Work Session Monday, June 16, 2014 Page 1 of 8 Pages He said they need to think ahead of this situation. The Deschutes National Forest is in stage 2 restrictions for fire uses on public lands, and it is illegal to even have fireworks. Mr. Keith added that every year the Oregon. Department of Forestry has requirements for those using the forests. Activities are added as conditions change. Off-road use and other situations are also addressed. About 75% of the County is public land, and the ODF protects a lot of it; there is a lot of unprotected land as well in unincorporated areas. The County also owns land in various locations, and some of it is significant. Code addresses what you can do there, but it is fairly moot on these activities. Mr. Stutler asked for the Board's thoughts, concerns and guidance on what the County should be doing, if anything. Chair Baney asked how they could handle interaction with the cities. For instance, they have a lantern-releasing event that may not make sense. These balls of fire float right into the forest. Mr. Stutler said there is safe and sane versus what is illegal or legal. The cities need to be engaged on this issue. Fireworks are another problem. Ms. Baney noted that a fire can start anywhere and there have been two down by the Riverbend Park area recently. Commissioner Unger feels these are extraordinary times and it is important to discuss this. Chapter 11 of Code talks about this issue. Mr. Stutler said that it talks about burning, but not about how long someone can stay there. Chair Baney noted that not every year looks the same. She would like to see levels established that could react as appropriate each year. Commissioner DeBone spoke about smoke intrusion, controlled burns and managing the lands. Watching Pilot Butte burn each year on the 4th of July is educational. City Councilors need to educate citizens also. It takes a while for newcomers to learn what is dangerous here. The Board has more control of County lands. Torn Anderson said that Property & Facilities could go through the County- owned land list and figure out where there are homeless encampments, shooting and off-road vehicle use. There might be different things allowed in different locations. Minutes of Board of Commissioners' Work Session Monday, June 16, 2014 Page 2 of 8 Pages Chair Baney stated that fireworks are a big deal, since there is a business component. However, about $6 million was just spent fighting fires. She would like to see some work done on prohibiting fireworks use outside the city limits. Mr. Stutler said they can go with no use on County lands, but possession is okay. Commissioner Unger would like to base this on conditions and the seasonal nature of things. Mr. Keith noted that open fires is something they want to think about as well. Mr. Stutler said they could put together a program that looks at fireworks use, see how it fits in with the State and Federal, and language long-term for the fire season on County-owned land, and try to partner with the cities. They need to think about this year now, but long-term as well. There could be different stages so this would not have to be revisited each year. This is where the State and Federal agencies have gone. Mr. Anderson said he would want the Sheriff's Office involved as to how it might affect them. He wants to know if they are talking about just County- owned lands or everything not covered by other agencies. Mr. Stutler said it could be the unincorporated lands that are not covered by others. Chair Baney said it is a big deal, but it is not responsible to take fireworks and the land and put them together, and not know the obvious result. Things are brown a lot earlier than normal this year. They have not matched up education with the problem. Mr. Stutler would like to move this along. Public lands get probably 80% compliance over time. He would expect the same from others, asking for community support. Fireworks are not the only issue; there is camping and smoking and off-road vehicles. Mr. Anderson said there are a lot of rural subdivisions where people will be doing these kinds of activities as well. Chair Baney said this needs to be addressed as soon as possible. Mr. Anderson stated they could discuss this further next week. He would like to see the different items handled separately. The Board would like this as a public hearing, and would adopt whatever results by emergency. Minutes of Board of Commissioners' Work Session Monday, June 16, 2014 Page 3 of 8 Pages 2. Discussion with Weed Board. Robert Marheine of the Weed Board, along with Ed Keith, spoke to the Board and referred to handouts. Mr. Marheine said that they are going in the right direction, but they feel there is still a lot more to do. Fire and weeds go hand in hand. Prevention is another issue, and some things are not getting done like the weed-free hay program. There is an opportunity here that is being missed since Dan Sherwin retired and his position was cut. Weed-free inspections can require a fee so it could be somewhat self-supporting. There is a cost-share program available, and the County provides some funding with the work done by volunteers. It is run off of grant money that is not always reliable, and there is a lot of competition for the grant funds. The Road Department does a good job of roadside treatment of noxious weeds. They also do contract spraying, but some areas will not get addressed. The County is the only group in the area that is set up to do some of the larger problem areas. Private companies do not want to work in difficult areas. The Weed Board feels they are running at capacity. If they run into a speed bump, things are going to fall away. The recent wildfire was a problem with this since it took all of Mr. Keith's time. The weed ordinance will be in place soon, and they will get calls from people, but Mr. Keith may not be available to meet with individuals. The invasive species need to be handled immediately; otherwise they get out of control quickly. The ODA has one person handling the whole central region of Oregon. They appreciate the enforcement ordinance, but it all comes down to capacity. They do not have a way to really grow this program through education. It is hard to educate people, and it takes a long time to get them to the point when they can recognize issues. Ed Keith added that the two main areas of focus are public outreach and dealing with issues outside the road rights of way. They have some main public outreach events and are not able to do this every weekend. They focus on some of the bigger events to reach the most people. The cost-share program will need to be replenished based on the number of acres being treated, and it is high demand. Minutes of Board of Commissioners' Work Session Monday, June 16, 2014 Page 4 of 8 Pages Chris Doty said they did $40,000 in contract work and this year it will be over $100,000. The economy has improved and they are able to invest more. In the past, it was cut back due to the economy. The Weed District elements are assigned to Ed Keith, and the road part is with Road. It has gone better than he anticipated, but much of that is because Mr. Keith has stepped up in a big way. There is a lot of interest from the Weed Board to make improvements. It has been very efficient for the taxpayers. Mr. Keith added that he appreciates some of the PILT dollars coming to the program. They can continue to get grants for on the ground projects as they become available. Chair Baney knows that grants are not consistent, but the County has to rely on those a lot for many departments. This is a natural occurrence. She is hearing that they are not at the level desired by the Weed Board and the public. She asked if there are other ways to partner with various agencies. Mr. Monheime said that the Weed Free Forage program has to be under an entity. They are looking at a potential fee for inspections. A person could make this their job, with ODF getting a cut of the fee. It is not being done now. Chair Baney would like to see a plan developed on all of this. She feels keeping the costs minimal is important. Commissioner Unger stated that there is an economic gain to the grower. Mr. Keith said that there is a maximum fee allowed. Commissioner Unger said they talked about federal funding a few years ago, and it is the big issue. Sometimes there is more rural schools funding or PILT, but those fluctuate. The Soil & Water Conservation District meets on Friday and he would like to advocate for the County's needs. Commissioner Unger stated that the public needs to be educated about this issue. He supports more outreach. Chair Baney would like to see them work as much as possible with the other agencies, and will be supportive of programs if justified. 3. Discussion of Food & Beverage Services. Dan Despotopulos said the vendor's existing contract expires soon, and he wants to move forward with seeking a new food and beverage manager. He hopes to have someone in place by September. Minutes of Board of Commissioners' Work Session Monday, June 16, 2014 Page 5 of 8 Pages Commissioner Unger asked if the job would be 40 hours a week. Mr. Despotopulos said it would be all over the board, with long hours for some events and less time when it is slower. Commissioner Unger stated they need someone on board for more. Mr. Mr. Anderson said they will cover this position and add it in next year as the new structure for the Fair & Expo is developed. The rest is internal mechanics and. the job description is being worked on now. Dan said that if the timeline is an issue due to the Fair and FMCA, they can adjust accordingly. 4. Discussion of COLD Text Amendment & Upcoming Hearing. Paul Blikstad spoke about the upcoming hearing and proposed text amendment. It would amend the zoning ordinance regarding suburban low-density zone to add permitted uses, relating to the operation, maintenance and piping of irrigation canals. The memo speaks about the reference to Title 18 if Title 19 is approved. COID says part of the Pilot Butte canal would be piped (he referred to a map of the SR-2 zone), an urban reserve area left over from zoning in the mid 1970's. The cities and counties had to decide what to do with it at the time, so made it urban reserve. He then referred to the reasons given for the piping. He had assumed it was fairly cut and dried, had a work session with staff and the Planning Commission, but a public hearing opened his eyes. He and Nick Lelack did a site visit, and there was eight hours of testimony at the three hearings. One had 190 attendees. The upcoming hearing could go late as well. There have been a significant amount of materials submitted. Most of the testimony is in opposition. This would allow piping as an outright use, and COID would not have to go through any land use process to do it. Otherwise, they would need a conditional use permit, but the decision will still be a well thought-out one. Minutes of Board of Commissioners' Work Session Monday, June 16, 2014 Page 6 of 8 Pages There were many reasons quoted by the opponents to deny this. There was significant testimony that groundwater is recharged from the canals, and this is an important aspect. The Planning Commission felt generally that this does not fit the Bend Area General Plan goals, and voted four to one to deny the applicant's request. The other one who was absent said the same. Commissioner Powell was generally opposed. Mr. Lelack noted that a key issue for the Planning Commission was what the City of Bend thinks and how this fits in. They received only a general answer from the City. They support piping in general but did not take a position on whether the BAGP is a part of this. The plan itself is dated and did not contemplate this issue. Staff will contact them again. Chair Baney said they do not want to get in front of the City without its input. Their voice on record regarding their own plan is important. Mr. Lelack stated the residents have offered a tour. Some of the Planning Commission did this, and others went on their own. He prefers this be done individually by the Commissioners to avoid a quorum. Chair Baney would like them to go together, but it needs to be well documented. Laurie Craghead added that ex parte contact is not an issue, but it has to be on the record. Staff will try to arrange for this as soon as possible. Commissioner DeBone asked more about the BAGP. Mr. Blikstad said there is not much on urban reserve areas. It is a general plan so does not speak much to the details. Ms. Craghead explained it was designed to help implement the BAGP as a future expansion area. They will bring this in to the UGB at some point. Mr. Lelack added that it might include some of these areas, but the mix could change. Urban reserve is generally the future. Commissioner DeBone asked for other examples of this zone. Mr. Lelack said there are none with water running through. Juniper Ridge already had the canals piped; the City allowed it. Mr. Blikstad noted that this is phase 2 of a 5- year plan for COID. Phase 1 was an outright use. One irrigation district applied to amend Title 18 to allow piping anywhere in the County. This was in 2001 or 2002, and involved the Sisters Irrigation District. Minutes of Board of Commissioners' Work Session Monday, June 16, 2014 Page 7 of 8 Pages Mr. Lelack said BAGP policies were evaluated. It was developed in the 1990's and is used rarely, and the applicable goals and policies are vague. Mr. Lelack stated that more information is coming in from other irrigation companies and agencies. It is a legislative issue. The group discussed the hearing and time constraints. Mr. Lelack will provide a copy of the plan and a matrix for comparison for further discussion before the h hearing. Mr. Anderson will contact the City Manager to get more detail on the City's position. 5. Other Items. Mr. Lelack noted that two Planning Commissioners are up for renewal. He asked if the Board wants to proceed. The Commissioners said they support this. Being no further items discussed, the meeting adjourned at 3:10 p.m. DATED this ( Day of 2014 for the Deschutes County Board of Commissioners. Tammy Baney, Chair- Anthony DeBone, Vice Chair ATTEST: / - Alan Unger, Commissioner Recording Secretary Minutes of Board of Commissioners' Work Session Monday, June 16, 2014 Page 8 of 8 Pages ...Cr ES e 0.9 ,! 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 WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., MONDAY, JUNE 16, 2014 1. Fire Preparedness Discussion —Joe Studer; Various Agency Representatives 2. Discussion with Weed Board — Tom Anderson; Robert Marheine 3. Discussion of Food & Beverage Services —Dan Despotopulos 4. Discussion of COLD Text Amendment & Upcoming Hearing —Nick Lelack 5. Other Items 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;or other issues under ORS 192.660(2),executive session. 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. lfyou have questions regarding a meeting,please call 388-6572. Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible,please call(541)388-6571,or send an e-mail to bonnie.baker@deschutes.org, r9 1 1 �d �, � vi J � i I I ((ff .5 c 1 i, 11 co -1tio :*1 ' N - ` _E --: v cl: 1 (4. ■ s 4 V I i 'To !4 %,,C .cp 6,-, a , I (14 1� ' `! T 0 cam. = '4' n m M M cu. N.) ) vl iI f-- .._. �.._.... L tu � ,,)c\ I I C � NaI cv, + /rte FL U. A < 3 3 ,- 0, CI 0 V 7.\ I ao .o ! I) o N v", E v J - , "aL o,....4 Z IP -4 cu Q d A 'N: V i. ,:ib --77, (.--- - I S '1 g I i r 4 AI ,. I v -S )F i+, 1 N 1 -_„ __.,, 0 -. -ke 0'� -, r mil 1 9 ,„ ' N �a O _ �///�� S jI [V r f ' 45-' vr— l' `J :.� 2 0 6 p I 9„ i .l 1 .; a__, —zirj 3 -3---i i C q 1 , 2 .< r �P l`ti T N O I —9- C" v`~- c-....1 � I I (-Nt) ,.... ai c." e r 0 iiiii)-ir:i I I. I I I 4 d A. r 0 ! o J_ 41 IX J 1 co I a '� .. `a d n, 0 o � 1 4 , a j STATE OF OREGON DEPARTMENT OF FORESTRY REGULATED CLOSURE PROCLAMATION Number 05 Effective: 06:00 a.m., PDT, July 9, 2011 By virtue of the authority vested in me under the provisions of ORS 477.535 to 477.550, I hereby proclaim a Regulated Closure to be in effect in the following subject area: All lands protected by the Central Oregon Forest Protection District and all forestland within one-eighth mile thereof. Under this Regulated Closure, except as to the owner's legal right of entry upon their land, entry to all forestland is unlawful unless entrants comply with the following restrictions: 1. Smoking is prohibited while traveling, except in vehicles on improved roads. 2. Open fires are prohibited, including campfires, charcoal fires, cooking fires and warming fires, except in designated areas. Portable cooking stoves using liquefied or bottled fuels are allowed. Open fires are allowed if conducted in compliance with a valid Burning Permit issued pursuant to ORS 477.515. 3. Chain saw use is prohibited, between the hours of 1:00 p.m. and 8:00 p.m. Chain saw use is permitted at all other hours, if the following fire fighting equipment is present with each operating saw: one axe, one shovel, and one 8 ounce or larger fire extinguisher. In addition, a fire watch is required at least one hour following the use of each saw. 4. Use of motor vehicles, including motorcycles and all terrain vehicles, is prohibited, except on improved roads and except for vehicle use by a landowner and employees of the landowner upon their own land while conducting activities associated with their livelihood. 5. Possession of the following fire fighting equipment is required while traveling in a motorized vehicle, except on federal and state highways, county roads and driveways: one shovel and one gallon of water or one 21A pound or larger fire extinguisher, except all- terrain vehicles and motorcycles which must be equipped with an approved spark arrestor in good working condition. 6. Use of fireworks is prohibited. 7. Cutting, grinding and welding of metal is prohibited between the hours of 1:00 p.m. and 8:00 p.m. At all other times the area is to be cleared of flammable vegetation and the following fire equipment is required: one axe, one shovel, and one 2 1/2 pound or larger fire extinguisher in good working order. 8. Mowing of dried grass with power driven equipment is prohibited, between the hours of 10:00 a.m. and 8:00 p.m., except for the commercial culture and harvest of agricultural crops. 9. Blasting is prohibited. 10.Any electric fence controller in use shall be: 1) Listed be a nationally recognized testing laboratory or be certified by the Department of Consumer and Business Services; and 2) Operated in compliance with manufacturer's instructions. The State Forester or an authorized representative may, in writing, approve a modification or waiver of these requirements. These restrictions shall remain in effect until replaced, suspended, or terminated by an additional proclamation of the State Forester or an authorized representative. Maps of the subject area may be viewed at the State Forester's Office, in Salem, Oregon, and at principal offices of the Forest Protection District. Definitions of words and phrases used in this proclamation may be found in ORS 477.001, OAR 629-041-0005, and at: https://oreoon.pov/ODF/FIRE/Closures/definitions.odf Robert Young Workforce Capacity Manager Protection From Fire Program Done in Salem, Oregon, July 7, 2011 RY:TG STATE OF OREGON DEPARTMENT OF FORESTRY REGULATED CLOSURE PROCLAMATION Number 01 Effective 6:00 a.m., PDT, July 4, 2013 By virtue of the authority vested in me under the provisions of ORS 477.535 to 477.550, I hereby proclaim a Regulated Closure to be in effect in the following subject area: All lands protected by the Central Oregon Forest Protection District, and all forestland within one-eighth mile thereof. Under this Regulated Closure, except as to the owner's legal right of entry upon their land, entry to all forestland is unlawful unless entrants comply with the following restrictions: • Smoking is prohibited while traveling, except in vehicles on improved roads. • Open fires are prohibited, including campfires, charcoal fires, cooking fires and warming fires, except in designated areas. Portable cooking stoves using liquefied or bottled fuels are allowed. Open fires are allowed if conducted in compliance with a valid Burning Permit issued pursuant to ORS 477.515. • Chainsaw use is prohibited, between the hours of 1:00 p.m. and 8:00 p.m. Chainsaw use is permitted at all other hours, if the following firefighting equipment is present with each operating saw: one axe, one shovel, and one 8 ounce or larger fire extinguisher. In addition, a fire watch is required at least one hour following the use of each saw. • Cutting, grinding and welding of metal is prohibited between the hours of 1:00 p.m. and 8:00 p.m. At all other times the area is to be cleared of flammable vegetation and the following fire equipment is required: one axe, one shovel, and one 2 % pound or larger fire extinguisher in good working order. • Use of motor vehicles, including motorcycles and all-terrain vehicles, is prohibited, except on improved roads and except for vehicle use by a landowner and employees of the landowner upon their own land while conducting activities associated with their livelihood. • Possession of the following firefighting equipment is required while traveling in a motorized vehicle, except on federal and state highways, county roads and driveways: one shovel and one gallon of water or one 2% pound or larger fire extinguisher, except all-terrain vehicles and motorcycles which must be equipped with an approved spark arrestor in good working condition. • Mowing of dried grass with power driven equipment is prohibited, between the hours of 10:00 a.m. and 8:00 p.m., except for the commercial culture and harvest of agricultural crops. • Use of fireworks is prohibited. • The release of sky lanterns is prohibited. • The discharging of exploding targets or tracer ammunition is prohibited. • Blasting is prohibited. • Any electric fence controller in use shall be: 1) Listed be a nationally recognized testing laboratory or be certified by the Department of Consumer and Business Services; and 2) Operated in compliance with manufacturer's instructions. The State Forester or an authorized representative may, in writing, approve a modification or waiver of these requirements. These restrictions shall remain in effect until replaced, suspended, or terminated by an additional proclamation of the State Forester or an authorized representative. Maps of the subject area may be viewed at the State Forester's Office, in Salem, Oregon, and at principal offices of the Forest Protection District. Definitions of words and phrases used in this proclamation may be found in ORS 477.001, OAR 629-041-0005, at: http://www.oregon.gov/odf/fire/closures/definitions.pdf Tom Fields, Fire Prevention Coordinator ODF Fire Protection Program June 16, 2014 4 Chapter 11.04. PUBLIC USE 11.04.010. Purpose. 11.04.020. Definitions. 11.04.030. Policies. 11.04.040. Justice Building-Searches. 11.04.050. Road Closures. 11.04.060. Prohibited Activities. 11.04.070. Alienation. 11.04.080. Violation-Penalty. 11.04.010. Purpose. Public use regulations are adopted for the purpose of protecting public property. (Ord.96-013 §1, 1996) 11.04.020. Definitions. For the purposes of DCC 11.04, unless otherwise apparent from the context, certain words and phrases used in DCC 11.04 are defined and as set forth in DCC 1.04 and DCC 11.04.020. "Industrial land" means any County owned real property zoned for industrial, commercial, manufacturing, research and development or warehousing purposes as authorized. "Park" means any County owned real property designated by resolution of the Board as a County park, pursuant to ORS 275.320. "Parking lot"means an area consisting of one or more parking spaces grouped. "Program Administrator" means the Board, the County Property and Real Estate Manager, Deschutes County department head or designees. "Public service facility"means any real property that is owned or leased by County where public services are provided or conducted and shall include, but not be limited to, buildings, facilities, or real property which is fenced,enclosed or otherwise developed and any associated grounds. "Right of way"means the area between the boundary lines of a street,road or other public easement. "Vacant county land" means all County owned land which does not qualify as a "public service facility," "park"or"right of way." (Ord. 96-013 §1, 1996) 11.04.030. Policies. A. Real Property. Public use of County owned real property shall be limited to day use (dawn to dusk) except as permitted herein or otherwise permitted by adoption of resolution of the Board. 1. Any County owned real property leased by authority of the Board to other public agencies or private parties shall be governed by the terms and provisions of such leases. 2. County real property may be posted closed by the County Property and Real Estate Manager, Director of Road Department,Director of Solid Waste,or Risk Management Coordinator. 3. County shall not accept real property except upon recording of a written acceptance from the Board. 4. Exclusive or other special use of County owned real property by private entities or other agencies shall only be granted pursuant to a written lease or permit authorized by the Board. Chapter 11.04 1 (04/2003) B. County Owned/Occupied Buildings. County public service facilities and other buildings housing County employees are open to members of the public who have business with County employees. However, these buildings are also places where County employees do their work. That work often involves sensitive and confidential issues. County employees require work areas that are quiet, free from unnecessary foot traffic and where they may discuss sensitive or confidential matters without being overheard by persons not employed by the County. 1. Each department or other program occupying a building shall establish a waiting area which is, to the extent possible, located near the department or program receptionist and outside the department's or program's work area. Members of the public are to wait in this area until the person they are waiting to see is available. Each waiting area shall be clearly posted as such. 2. Areas other than designated waiting areas are open to visitors by invitation only. County department heads and staff are responsible for their offices, and may request (or order) visitors to leave their offices at their discretion. County department heads and department support staff supervisors are responsible for support staff work areas, and may, in their discretion,ask visitors to leave those areas. C. Public Service Facilities. 1. Public service facilities which provide services beyond the hours of dawn to dusk shall operate in a manner deemed appropriate by the Program Administrator. Public access may be restricted by the Program Administrator, on the basis of public safety or administrative efficiency to those areas deemed by the Program Administrator to be necessary for provision of the intended services. 2. County parking lots may be posted with time and use restrictions. Violations may be cited by the County building services manager. The recommended penalty for the citation of violation of DCC 11.04 shall be 10 dollars,which shall double each 24 hours up to four days,and which may be paid as a bail for forfeiture. If not paid at that time, a warrant may be issued by the district court to the violator. (Ord.96-013 §1, 1996) 11.04.040. Justice Building-Searches. Except for on-duty law enforcement personnel, every person entering through the public entrances of the Deschutes County Justice Building or any Justice Building annex is subject to search of his or her possessions and must pass through metal detectors. (Ord. 97-046 §1, 1997) 11.04.050. Road Closures. Where County property, not generally open for public use, is or has been used by automobiles, motorcycles and other off-road vehicles or bicycles for recreation or for other purposes, and the County has a need to close the property to this use,the County will notify the general public of the intent to close in a local paper of general circulation. The design of the closure shall be in accordance with the requirements of the Manual on Uniform Traffic Control Devices, published by the Federal Highway Administration, in terms of signing and barricading. Permanent closures shall consist of appropriate berms, ditches and obliteration of existing roads. The closure design shall be in written form and approved by the County Engineer or County Traffic Engineer. In no case shall ropes or cables be used to close the road or area. (Ord. 96-013 §1, 1996) 11.04.060. Prohibited Activities. A. No person shall construct, install, or encroach upon County owned land. No person shall sever, excavate, damage, vandalize, burn, litter, remove materials from or cause other site disturbing activity Chapter 11.04 2 (04/2003) upon or to County owned land without obtaining a permit authorizing such activity, from the Board, Property and Real Estate Manager, Director of Road Department or Director of Solid Waste. B. No person shall cut or remove wood on or from County owned real property except upon first obtaining a wood cutting permit from the County Property and Real Estate Manager. C. Motor vehicles shall be limited to existing parking lots and roads. Motor vehicles are prohibited on dedicated public pedestrian/bicycle trails. D. Discharge of firearms is prohibited in and on public service facilities except as may be provided by resolution of the Board. E. No person or group shall exclude any other member of the public from County owned land, except as provided by lease,license or resolution by the Board. F. No person shall engage in any conduct in or on property where public services are provided which hinders,interferes with or prevents those employees from performing their duties. G. No person shall smoke or carry any lighted smoking instrument in any Deschutes County owned or occupied building. (Ord. 97-057 §1, 1997;Ord.96-013 §1, 1996) 11.04.070. Alienation. No County owned real property shall be sold, leased, dedicated, licensed, donated, exchanged, encumbered or otherwise alienated except upon order of the Board. (Ord.96-013 §1, 1996) 11.04.080. Violation-Penalty. Any violation or failure to comply with any provision of DCC 11.04,except DCC 11.04.030(B),is a Class A violation. (Ord.2003-021 §24,2003;Ord. 96-013 §1, 1996) Chapter 11.04 3 (04/2003) Legal Fireworks Retail (1 .4g) Li_ pi These produce only smoke,sparks or fire. Examples are base fountains, cone fountains, wheels, and ground bloom flowers. tir//_r D1 1 4 `"1 1`'Ly` :�J��- ;, Ground — �j h ';' Bloom tWheel Flower ,ifc Cone Base Fountain Fountain if Hand-Held Sparkler Hand-Held California Candle (wood core) Fountain Fountain Unclassified Items (Not Fireworks) t S z: . ,t0.4 "' Party Q Smoke Bomb Sparkler Snakes (Not Explosive) (wire core) ® Popper i en Illegal Fireworks Limited (1 .4g) These explode, eject balls of fire, fly into the air, or travel more than six feet on the ground or 12 inches into the air. 4 - 4 m,Mmll MOB IMIII );$t 0111011411 411 tea. lirI; MEIaw . NM II aidep Crazy Jack Aerial Spinners, U 2 e jumping jack Bees Helicopters Firecracker �..� Regular Firecracker Mortars Small (Lady Finger) .1 Sky Rocket Missile Rocket (With Stick) Bottle Rocket Roman Candle (Shoots Balls) Explosive Devices NOT FIREWORKS I Please, when entering these devices in the OAIRS program put them in the 111 "Unknown"category. Also in the "Uri-. -----"=-iclude homemade. I . 'Silver Salute Cherry Bomb Ash Can 11 k` M100 (Red) `� M80 Di Iw CM VI u Q. rad @��� I Q; {' • p ,�. W W llF ' i !II'0 '' +^ t^ u i 0 M�� s kat .e!0•P;;VI,..i:.•,..:„....".,„,•ipAitAA .,...,.„.„•;,,,,A.,.. . ij t r {0k q <t if Pik P!r dail r '} + r g y,.ky t it• • •• ■li r I • C riki .A.lr�ity It .,t P P ,r l ,t � �: ik i' a I, : 1.,44,,,,,,:,:,,,,.,,,,..,:iii.A.,,,,Jiliftk....:,,::,..1...:.„. ... .„:„.:,......,:.•:::.. ........,;,...:, . .. .. , ° id" w C l s l 1 ;:. $7 �M a Gil 401. 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', u FU N— o n 2 D 0 V— P O n. .1---11P- Ni L a7. a. *otc_. „ , ■tz 0 .Y 1 f m - Q zs rr _a J m 0 J0 a t t �? ? o ' a r +� �C •U g W L E t7 (t5 c n O a F- q n G) i Y - T, `0 1' ,0 co co /W1 co V- ! 2 2 d V O 0 O v �r z : n ,17 0 Ed +A tl 3 lollop � � ill Cap ill w.1 4-, k- m n at r at is i-0 40/S% F^ a W � - a� c W 3' i 4-.' C7 �- p V1 0 n In +.1-14A cr).r) Q7) . . t1.1 A ev rsi O 3>% O ' ET-D"= >ft 0 43 4.r tn X 47 CI) C Z .113 ot j►`�T Es c0 0 4001! Vegetation Management 61150 SE 27th Street • Bend,Oregon 97702 541-322-7117 • Fax 541-388-2719 STAFF REPORT Date: May 7, 2014 To: BOCC and Weed Board Through: Tom Anderson, County Administrator From: Ed Keith, County Forester RE: Weed District and Vegetation Management—Staff summary of activities A new approach to vegetation and noxious weed management was implemented in March 2013 in an effort to address anticipated long term funding deficiencies and a need to clearly tie activities to appropriate and specified funding streams. The fundamental concept was to keep County right-of-way vegetation management activities within the Road Department along with agency partnerships and contracting of vegetation work. Weed District related activities, focused more on the public and funded primarily by grants, were shifted to Natural Resource Protection under the direction of the County Forester. This included activities such as outreach and education, coordination of grant funded treatment for private lands and responding to complaints. Technical expertise and experience within the Road Department is available and coordinated in support of the overall program goals. This staff report summarizes the productivity of the major elements of the weed program approximately one year after implementation of the structural changes to the vegetation and noxious weed programs. Outreach and education Most events listed as priorities within the attached Weed Board Action Plan (or that have been attended in the past) were staffed with a combination of County staff and Weed Board members over the past year. Site visits and presentations have been provided to many individuals and organizations in addition to multiple newspaper interviews, web articles and radio/television interviews all contributing to raising awareness of weeds in Deschutes County. A summarized list of the main outreach and education activity has been listed as an attachment to this report. Cost share The Cost Share program has been funded with Title II grants from the USFS Regional Advisory Committee. This program results in most of our private land acreage treatment and also prompts one on one contact with many landowners to aid in identification and effective vegetation management. Last fiscal year saw more projects (39) completed than any other year with an average number of acres being treated (318 acres). Funding for landowners through this program has totaled about $11,000 per year, with the same amount contributed by landowners. A grant funding request has recently been submitted to the USFS for$40,000 to continue funding this program. Other weed treatment for high priority weeds Treatment for specific high priority weeds has been funded through grants with the Oregon Department of Agriculture. Orange Hawkweed treatment was funded for another year in 2014 and that project will be ongoing through early summer. We are also working with Crook and Jefferson Counties on a tri-county approach to treat high priority weeds through ODA grants. With ODA grants the County Forester has been coordinating the grant writing, outreach, monitoring and reporting and the Road Department Vegetation Supervisor has provided technical expertise and input as well as applying the weed treatment. Grant funding through ODA will total approximately$30,000 this year. We have also worked closely with ODA on two new aquatic weeds with press releases as well as assisting with treatment. Roadside and contract vegetation management Over the past year there has been a significant increase in income from existing contracts and requests for additional treatment of noxious weeds from our agency partners in Deschutes County. In 2013,the Road Department's vegetation maintenance staff treated approximately 2,500 acres of county right-of-way. Additionally,approximately 570 acres of contract work with agency partners brought in approximately$64,000. In 2014 contract work will bring in approximately$123,000 and will treat over 1,250 acres by the end of the year. The Oregon Department of Transportation, the City of Bend, Central Oregon Irrigation District, and the Bend Airport are among those that have increased the amount of treatment in 2014. The roadside maintenance and contract work areas will result in treatment of over 3,500 acres;the highest total ever treated by the Road Department. Enforcement In compliance with BOCC direction regarding code enforcement, all complaints received in 2013 were investigated. Valid complaints (11) resulted in a letter to the landowner seeking to raise their awareness and encourage them to treat their weeds. The majority of landowners willingly complied with the request, however results are only effectively achieved over the long run. Previous noxious weed code implementation and orders issued by the BOCC did not include a mechanism for enforcement if the landowner chose not to voluntarily comply. Early in 2014, staff developed a weed ordinance to incorporate weed control into county code. Following public input this ordinance was passed and will become effective during the summer of 2014. Media interest related to the ordinance helped raise the public awareness throughout the County around the issue of noxious weeds. Funding and future activities The BOCC, recognizing declining funding resulting from the phasing out of the Secure Rural Schools Act, allocated a portion of federal Payment In Lieu of Taxes (PILT)funding to replace funding that Title II and Title III programs that have historically provided to both the forestry program and the noxious weed program. This funding has provided near term stability to both of those programs. Provided PILT funding can continue to be allocated, public outreach and education activities, enforcement, support to the weed board and coordination with other agencies can continue into the future. Grant funding for on the ground treatment projects will continue to be aggressively pursued as opportunities arise. Summary Based on the body of work performed during the first year, staff believes the structural changes to the weed program have resulted in the successful continuance of services while achieving the cost savings, staff utilization, and overall efficiency desired at the onset of implementation. Attachments: Summary of outreach activities March 2013-April 2014 Weed Board 2014 Action Plan Memo Attachment: Summary of outreach/education activities, March 2013 to present: • City Edition video on weed, March 25, 2013—coordinated with Cheryl Howard and Julie Craig • Lets Pull Together weed pull, Bend,Sisters—2 weekends in June 2013 • Deschutes River Woods Neighborhood Association annual meeting,July 2013 • Deschutes County Fair,July-August 2013 • Orange Hawkweed outreach—press release, radio interviews;door to door visits,Summer 2013 • Coordinated a press release in cooperation with ODA to alert the public to two new aquatic weeds,yellow floating heart and water primrose. Radio interviews and news and web articles resulted in new populations being discovered,Summer, Fall 2013 • Revised weed brochure and printed 5,000 copies ("Noxious Weeds,Your Responsibility")and have been distributing at various events and to communities, vendors and other outlets • Presentation to the Sisters Rotary in November 2013 • Toured various lots in the city of La Pine with the La Pine Chamber of Commerce, discussed weed education and treatment and prioritized lots for outreach/treatment in the upcoming spring, Fall 2014 • Presentation to the Hardy Plant Club in January 2014 • Living on an few acres conference. Planning meetings plus Saturday event in March 2014 • Public outreach, interviews, articles and meetings around the proposed weed ordinance, Feb—April 2014. Many different articles,editorials, radio interviews • Earth Day in Bend,April 2014 • Home and Garden Show, May 2014 • Created a table top display for outreach events. • Several edits and additions to resources available on Deschutes County Weed website. Many public contacts originate from information found on the website. • Instituted a quarterly update newsletter detailing activities around weed and vegetation management in Deschutes County including what programs are available to the public. Emailed and posted on the web, distributed to weed board and email lists. • Many individual landowner visits providing technical assistance and/or cost share assistance Deschutes County Weed Board Action Plan 2014 County Weed List The Weed Board will update the County Weed List and present it to the County Commissioners for adoption and publication. The Weed Board will responsible for this goal. The list will be updated with assistance from ODA and County Vegetation Managers. The list will be updated by February. Outreach The board will make an effort to increase its outreach efforts to other groups and entities within the county. Target groups include home owners associations,the City of La Pine,and the Master Gardeners Association. Educational Events The Weed Board and the vegetation managers will support getting the educational message out about weeds. This may include but not limited to the following: • Let's Pull Together event • County Fair • LOAFA • CO Green Industry Conference • Public service announcements • Newspaper articles • TV spots/interviews • Home and Garden show. • Earth Day • Adopt a Right-of-way weed program for within the cities • Others? Educational Materials The Weed Board working with vegetation managers will work on updating and or creating educational materials regarding weed management,weed impacts,and restoration of infested sites. Some examples might be: • Create a table size"Weed Wagon"for instances where the Weed Wagon is too big not appropriate. • Research the economic benefits of weed control and incorporate into the education materials. • Find or develop a Restoration Model/publication to include with the educational materials • Update materials in the weed wagon to include before and after photos,economic benefits of weed control, EBIPM,others? County Weed Program Funding The board will explore and map out possible strategies to obtain secure funding for the county weed program. Enforcement of County Weed Policy The board will explore what is needed to implement the weed enforcement ordinance. Administration/Efficiency: In an effort to be more efficient with the limited board meeting time,the board will make an effort to electronically review and comment on documents prior to the board meetings. Examples of documents that can be reviewed and commented on can include the following: Weed Board meeting minutes,County weed list,Membership and technical assistance lists,and Educational materials. Additionally,when the board deems it appropriate, it will create subcommittees and or appoint a single member to handle larger tasks that tend to bog down the board meetings.The sub-committee or individual will report to the board before moving forward with any decision. Deschutes County Vegetation Program One Year Review 2014 Talking points for the meeting with the Board of Commissioners It's been a little over one year since the county forester and vegetation manager positions were combined.There were a lot of changes made to several county positions. At the time the outcome of these decisions were unknown. With one year in the books we have the opportunity to look back and assess those decisions and their outcomes. As the Chairman of the weed board I solicited input from the weed board,technical advisors and the county vegetation employees to help paint the picture of the current vegetation management program specifically focusing on invasive noxious weeds. There are several distinct subprograms that make up the Vegetation Management Program. Education, prevention and treatments are the three major components. Each will be reviewed separately. Education: Education is and will always be the cornerstone of a successful invasive species program. Education is investing in the future. Without a strong education component it is difficult to get the public's support, and not just with weeds, but everything. Building a successful education program takes time, commitment, and money. At times the return for the investment will seem miniscule, patience is the key. From comparing last year education efforts to previous years there appears to be a decline in the educational outreach,specifically with the 6th-12`h grades. We need to engage more with the youth of our county. This generation will inherit our problems, having them aware of the issues at an early age will increase the chances for their success. I can't stress this enough,education is the key, it can't be measured in number of presentations made,events attended, brochures handed out,etc. It will be measured in the overall population's awareness about invasive species. Realistically we can never do enough, but we can make the effort to try. You can't wait for the opportunities to come to you. You have to go out and make the opportunities happen. Looking back we (Ed,Jon,and the weed board)did a lot in the last year, but there is still more to do, and the job will never be finished. Prevention: Prevention is easy to say but very hard to measure. Most of prevention will fall under education, but one area specifically where the county was very active has basically dropped off the plate. This is the weed free forage inspection program. We are all aware of the funding issues that came along with this service. We should look at the positive effects of this program. Currently Deschutes County has the largest number of weed free forage growers in the state(almost 50%). This represents dollars coming into the county. For the county to provide this weed inspection service (Yes,we can charge for it)sends the message that the county is supporting these growers. Currently the inspectors come from Jefferson County and the wait for the inspection can be lengthy. This can have an effect on field recovery time and also the value of the crop. This weed free forage also reduces the potential for invasive species showing up on public lands,which will reduce the opportunity for them to show up on private lands too. This program needs to be revived and become another component in the vegetation management program. Treatments: Treatments can be divided up into three sub programs;cost share program, roadside treatments,and contract treatments. A successful vegetation treatment program treats the entire infestation. Weeds do not recognize political boundaries;to successfully treat any infestation political boundaries need to be overcome. The cost share program seems to be doing OK.This program is an effective way for the county to connect with the community,combining education, prevention and treatments at the ground level. A large portion of this program is funded with grant dollars. Grant dollars are becoming scares and the competition for those dollars getting tighter. It will be difficult to maintain programs relying of those funds. The general feedback for the public about this program is very positive. How many times have you heard"I'm from the government and here to help" and soon realize they have no help to give. This program has the funding to help,with the extra added bonus that most of the people realize that the treatments are not as expensive as they once thought and just keep on treating the weeds without any assistance. At some point in the future this program needs secure funding to continue its success. Roadside treatments;the road department is getting the job done. How that plays out in the future will be anybody's guess. Funding will always be an issue. Contract treatments will depend on the county's spray crews work load. This one can be a slippery slope. Turning down contracts within the county may mean they go untreated,and keep producing seed or getting moved around. Currently most of the treatment equipment suitable for covering large tracts of land is county owned. Many of the treatments on Federal lands within the county are completed by the county spray crews. Manpower will be the limiting factor here. Remember that weeds do not recognize political boundaries. There might be possibilities for private businesses to take over this, but that too will take an investment in equipment. Upcoming issues Looking into the future is tough. Feedback received had several reoccurring issues which are summarized below. . Workload and program capacity I talked with Ed Keith and Jon Valley separately about the programs capacity. Two specific questions were asked;does the program have room to grow and is the program meeting the needs of the people of Deschutes County and the environment? Both Jon and Ed had the same answers. The program is running currently at capacity(90-100%). Meaning that in the overall picture we are holding our own regarding invasive species. This also implies that there is little room for growth, and that any"Speed Bump"will have consequences. The enforcement ordinance will have an effect on workload. The scary part of managing invasive species is that you are never done. Skipping a year can be devastating. We need to commit to improving and growing the program if we want to be successful. Grant dollars are becoming scares and the competition for those dollars is getting tighter. It will be difficult to maintain any programs relying of those funds. The vegetation program needs secure funds(PILT money is not as secure as it sounds). Building an invasive species management program based on grants,and "soft" money is just a recipe for failure. New invasive species are showing up all the time. These species show up very quickly and can spread just as fast. Having the ability to react quickly and efficiently will be key to successfully eradicating these new invaders. Currently the county and ODA are combining efforts to treat orange hawkweed, but at this time it is still an uphill battle. The latest species showing up is yellow floating heart;this aquatic plant is thought to be spread by waterfowl. This one might be a costly battle if you look at all the irrigation/farm ponds that dot the county. ODA is taking the lead on the Yellow Floating Heart. What will be the next one? I think it might already be here. Having funding and trained personnel ready to meet the challenge will help ensure these new invaders do not gain a foothold. The noxious weed enforcement ordinance will require additional manpower to implement. Ultimately this will cut into other parts of the vegetation program. Currently the vegetation program looks like it's running at capacity. So any new duties will affect those programs currently in place. The first year of the enforcement program will be critical to show the public that this is not just another law in place that does not get enforced. The county can shine if it invests in it and the people will see that the county is serious about noxious weeds. Combining the enforcement program with the education component has the potential for a really nice return on the investment. But it will take a strong commitment in both time and money. Closing thoughts Words like diligence,persistence,tenacity all come into mind when dealing with invasive species. The one that seems to be always dropped from the list is funding. If we truly believe in the cause,we need to truly fund it. Maintaining the natural beauty of this county should be a priority for those who are looking out for the best interests of the community. Bend is the number 1 growing city in the state,if we don't commit to a progressive and sustainable weed program,the ecological impacts of noxious weeds will be exacerbated and so will the cost. The vegetation management program in Deschutes County is one of the best in the country. Getting to the top is a lot easier that staying there. Let's make the investment in staying on the top and showing the rest how it's done. Following is easy, leading is not. n R ,cES f^,, t i Z Community Development Department° 4, 0 ,,"' "" ry k, xr Planning Division Building Safety Division Environmental Soils Division tw,400 i i6k[,vJW i t .rti.°'Jr.'. 1 g, b y s,;,t s ',Ass f• P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX(541)385-1764 http://www.co.deschutes.or.us/cdd/ MEMORANDUM DATE: May 22, 2014 TO: Board of County Commissioners FROM: Paul Blikstad, Senior Planner RE: Ordinance Text Amendment submitted by Central Oregon Irrigation District (File No. TA-13-4) BACKGROUND: Central Oregon Irrigation District (COID) applied for an ordinance text amendment to amend Deschutes County Code Title 19, Chapter 19.20, Suburban Low Density Residential Zone (SR- 2.5), to add the following use to the list of Permitted Uses in 19.20.020: E. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District, except as provided in DCC 18.120.0501. According to COID, the text amendment will allow the piping of the existing Pilot Butte Canal located within the SR-2.5 zone, to serve their hydro-electric facility located approximately 3 miles to the north. Creating more water pressure for water flow for the facility will increase the output of the hydro plant. The water saved by piping (no leakage or evaporation) will be dedicated to in-stream flows for the Middle Deschutes River. Due to the amount of interest and testimony that was generated by this application, three hearings2 were held before the Deschutes County Planning Commission on this request. The hearings were conducted on: February 13, March 13, and March 27, 2014. Additionally, the Planning Commission conducted a site visit to the proposed canal piping area on the afternoon of March 27th before the hearing. There was approximately 8 hours of testimony over these three hearings, and the record includes many letters and other documents, including pictures, that were submitted in opposition to the request. There is an extensive written record on the text amendment, which can be viewed on the County's website3. There was a substantial amount of opposition to the request. Staff believes that the main concerns expressed by property owners who would be affected by the proposed piping were: The applicant's proposal referenced DCC 18.120.050,which is part of Title 18 not Title 19. If the Board were to approve the requested amendment,staff believes the reference should he to DCC 19.92.130. 2 The first hearing included notice in the Bulletin as required under DCC 22.12.020(A).The next two hearings were continuations of the first hearing and were not noticed. However,statements were made by the Planning Commission chairperson indicating that the hearing was continued to a particular date. 3 httn://Iava5.deschutes.org/research/index.cfm?fuseaction=research.tetAllDocs&pid=171232AC03600 Quality Services Performed with Pride • Diminished property values from having a stream-like feature adjacent to their property being replaced by a very large pipe covered by soil (and possibly wire fencing to prevent access and vandalism). • Loss of open space and views, as well as wildlife habitat, by installation of the large pipe and soil covering. The large size of the pipe (9-foot diameter), combined with the soil covering (3 feet deep)will negatively impact views. • The proposed text amendment request should be conducted on an urban growth boundary basis, rather than just the SR-2.5 zone (i.e. a holistic approach to reviewing piping within the UGB). • The proposed piping project deals exclusively with providing more water pressure for the hydro-electric facility, and has little to do with water conservation. • The proposed text amendment will not get the applicant the desired outcome — the piping, because it is directly related to the hydro plant (i.e. the piping would require a conditional use permit approval because it is part and parcel of the hydro facility). • The proposal did not meet the applicable BAGP goals, policies or language. The proposed text amendment is reviewed for conformance with the Bend Area General Plan (BAGP). Staff provided the Planning Commission with the attached matrices for their use during deliberations. While not specifically listing certain goals or policies of the BAGP, the Planning Commission voted 4-0 to deny the applicant's request, finding that it was not in compliance with the Plan. Additionally, Commissioner Turner was not able to attend the deliberations, but expressed in writing his opinion that the piping was part of the hydro plant that requires a conditional use permit, and that the proposal did not meet the BAGP policies. PROCESS The Planning Commission, under DCC 22.12.010, is required to review the proposed legislative change. Staff determined that a public hearing should be held, and noticed of the initial hearing was printed in The Bulletin. Notice of the Board's hearing will also be provided. Attached for your review is a copy of the proposed text amendment request. Additionally, staff is including the memo and matrices prepared by staff for the Planning Commission. I am also providing you with two maps that show where the SR-2.5 zone is located, along with the Pilot Butte Canal. Again, there is a substantial amount of written material, all of which can be reviewed (and printed) at your convenience. I have scheduled this for the Board's work session on June 16, 2014 for discussion, and a public hearing (an evening hearing) for July 2, 2014. Depending upon the amount of testimony received, a second hearing date may be necessary. If you should have any questions, feel free to contact me at your convenience. BOCC Memo (TA-13-4) Page 2 c„ 1rt y Community Development Department i ;, Ian i a` 1 t .„{ Planning Division Building Safety Division Environmental Soils Division ', ' �` t. .I ''��', .0.... • .0 r. .r ..[9 -r:?@td.;zt'. IDAVI,:`. ,a likia, P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ MEMORANDUM DATE: May 2, 2014 TO: Deschutes County Planning Commission S� FROM: Paul Blikstad, Senior Planner qY ��.0 Nick Lelack, Community Development Director 4Vl¢ RE: TA-13-4 Deliberations SUMMARY The purpose of this agenda item is for the Planning Commission to conduct deliberations on Central Oregon Irrigation District's (COID) Text Amendment (TA-13-4). COID applied to amend Section 19.20.020 of Title 19 of the Deschutes County Code (DCC) to add as a permitted outright use in the SR-2.5 zone, the"operation, maintenance and piping of existing irrigation systems."The Planning Commission held three hearings on the proposed text amendment on February 13, March 13, and March 27, 2014. In addition, the Planning Commission conducted a site tour of the proposed piping area on March 27. This is a policy decision to determine whether TA-13-4 complies with and implements the Bend Area General Plan (BAGP). This policy decision involves interpretations of the BAGP since the BAGP does not explicitly address piping existing canals. Per the Planning Commission's direction on April 24, please find attached: two matrices to aid the Commission in determining the applicability of BAGP goals and policies to this application, and whether TA-13-4 complies with them or not. The Planning Commission may vote to recommend approval or denial of TA-13-4 at this meeting or continue deliberations to May 22. DCC TITLE 191 Please find below the "purpose" of Title 19, which identifies the BAGP as the basis for evaluating TA-13-4. 1 http://www.deschutes.oro/County-Code.apx?F=chapter+19.04.pdf. (Ord.83-041 §1,1983) Quality Services Performed with Pride 19.04.020. Purpose. A. DCC Title 19 has been designed in accordance with the goals, policies and statements of intent of the Bend Area General Plan, the officially enacted comprehensive plan for the City of Bend and its environs. It is the general purpose of DCC Title 19, therefore, to provide one of the principal means for implementation of the Bend Area General Plan. B. DCC Title 19 is designed to classify, designate and regulate the location and use of buildings, structures and land for residential, commercial, industrial or other uses in appropriate places and for said purposes; to divide the Bend Urban Area into districts of such number, shape and area as may be deemed best suited to carry out these regulations and provide for their enforcement; to encourage the most appropriate use of lands; to conserve and stabilize the value of natural resources; to provide adequate open spaces for light and air and prevention of fire; to prevent undue concentrations of population; to lessen congestion of streets; to facilitate adequate provisions for community utilities, such as transportation, water, sewerage, schools, parks and other public requirements; and to promote the public health, safety and general welfare. C. To regulate placement, height and bulk of buildings, and the placement and growth of vegetation within the County to insure access to solar energy by reasonably regulating interests in property within the County, as authorized under ORS 215.044 and ORS 105.880 through 105.890; to promote and maximize the conservation of energy by preserving the option to utilize solar energy and to implement the Comprehensive Plan policies relating to solar energy. D. To encourage the design of new buildings, structures and developments which use solar energy and protect future options to use solar energy by protecting solar access. MATRICES Please find attached are two matrices. The first matrix is intended to serve as a tool to help the Planning Commission determine the applicability of BAGP goals and policies to this application, and whether TA-13-4 complies with them. The second matrix can assist the Commission in determining whether TA-13-4 complies with the applicable goals and policies or not. This matrix is intended only to be high level summary, and the actual record should be reviewed. Testimony on BAGP compliance can generally be found in the following five parts of the record: 1. Elizabeth A. Dickson's testimony on behalf of COID at the first public hearing. She specifically addressed how COID believes TA-13-4 complies with BAGP goals and policies. Steve Johnson also provided a PowerPoint presentation at the third public hearing. 2. Bruce White's letter dated February 12, 2014 in which he specifically addresses TA-13-4 and the BAGP goals and policies. Mr.White referenced four goals/policies of the BAGP. 3. Pat Kliewer's letter of March 27, 2014 in which she addresses certain BAGP language and policies. 4. Jeff Perrault's two Power Point presentations on the hydrologic impacts of the proposed piping, at the March 13t and March 27th hearings. -2- 5. A significant amount of both oral and written public testimony, including photographs and Power Point presentations, regarding items in the BAGP such as: preserving neighborhoods for living, preserving water resources and wildlife habitats, protecting open space and natural features, retaining major canals as an asset to the community, but not directed at specific policies or language. PLANNING COMMISSION RECOMMENDATION, Following deliberations at this meeting, the Commission may: 1. Vote to recommend approval or denial of TA-13-4. Commissioners should state the reasons/justifications for the recommendation for the record (captured in the meeting minutes). 2. Continue deliberations to May 22. -3- Attachments: 1. BAGP Goals and Policy Matrix 2. Testimony Matrix -4- o 4� p; r a• 28 E.• o .O > x .E v ' C a a a1. hi b u) Q to Q-0 II o H as Cl) co � C roc:, CO o o ®. E73 ". ca z to co c "C1 m 3 c Q1 C.:N .�. 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Christopher D.Hatfield ATTORNEYS AT LAW Elizabeth A.Dickson Gary R.Johnson Ryan P.Correa 747 SW Mill View Way Robert A.Stout Bend OR 97702 Alan N.Stewart Phone 541.317.5505 Linda A.Ratcliffe Fax 541.317.5507 Meagan E.Masten www.hurley-re.com Matthew Singer of Counsel James V.Hurley December 20,2013 (1934-2012) Community Development Department Deschutes County 117 NW Lafayette Avenue Bend,OR 97701 Re: Central Oregon Irrigation District Juniper Ridge Piping Phase II Text Amendment to Deschutes County Code Chapter 19.20 Suburban Low Density Residential Zone---SR 2 1/2 To Whom It May Concern: Enclosed for filing,please find on behalf of my client,Central Oregon Irrigation District,an application for Text Amendment to the Deschutes County Code,Chapter 19.20,to add piping as an outright use within the SR 2 !/2 zone,along with a check in the amount of$5,000 for the filing fee. Please contact my office with any questions. Sincerely, Elizabeth A.Dickson EAD/mis Enclosures Cc:Client 1:\data\liz\cliene files\c\coid\juniper ridge.piping-phase ii 102.43 Next amendment application\cover Ito cdd 12.20.1 ti��� 1`J-DES �c) 0 Community Development Department !' " Planning Division '`t•` 117 NW Lafayette Avenue, Bend, 1-1925 �:�-...:,•- _ �' � OR 9771] (541)388-5575-Fax(541)385-1764 http://www.deschutes.org/cdd PLAN/ZONE/TEXT AMENDMENT ZONE MAP AMENDMENT:_ PLAN MAP AMENDMENT:, TEXT AMENDMENT:X FEE: FEE: , FEE: $5,000 Applicant's Name(print): Central Oregon Irrigation District Phone:(541 ) 548-8047 Mailing Address:1055 SW Lake Court City/State/Zip: Redmond.OR 97756 Property Owner's Name(if different): Phone:( ) Mailing Address: City/State/Zip: • Property Description: Township Range Section Tax Lot Lot of Record?(state reason):. Current Zoning:SR 2.5 ,Proposed Zoning: No Change Current Plan Designation: Proposed Designation: Applicable State Goals:1 2 3.5.6.8.4 Exception Proposed? Yes X No Size of Affected Area: Acres INSTRUCTIONS FOR COMPLETING THIS APPLICATION: 1, Complete this application form including the appropriate signatures. If color exhibits are submitted,black and white copies with captions or shading delineating the color areas shall also be provided. 2. Include a detailed statement describing the proposal and how it meets all requirements of the appropriate State rules and statutes, and County codes and Comprehensive Plan policies. Text amendment applications must include the proposed language and the basis for the change. 3. If multiple properties are involved in this application, then identify each property on a separate page and follow with the property owners'signatures. 4. Submit the correct application fee. 5. Submit a copy of the current deed(s)for the property(ies). A PRE (CATION APPOIN T I REQUIRED FOR ALL AMENDMENTS Applicant's Signature: _J a ! - Date: )//J Property Owner's Signatur (if different)•: ��' - 4�i Date:_ Agent's Name(if applicable):Elisabeth Dickson.Attorney for Applicant Phone:(5ai ) 31755 Mailing Address:747 SW Mill View Way City/State/Zip: Bend.OR 97702, if this application is not signed by the property owner,a letter authorizing signature by the applicant must be attached. By signing this application, the applicant understands and agrees that Deschutes County may require a deposit for hearings • officers' fees prior to the application being deemed complete; and if the application is heard by a hearings officer, the applicant will be responsible for the actual costs of the hearings officer. 7/09 DESCHUTES COUNTY TEXT AMENDMENT APPLICATION BURDEN OF PROOF STATEMENT Applicant/Property Owner: Central Oregon Irrigation District Contact: Steve Johnson,Manager 1055 SW Lake Court Redmond,OR 97756 Tel: 541-548-6047 Email: stevej @coid.org Legal Representative: Elizabeth Dickson Hurley Re,P.C. 747 SW Mill View Way Bend,Oregon 97702 Tel: 541-317-5505 Email: eadickson @hurley-re.com Request: The Applicant requests a text amendment to Deschutes County Code Chapter 19.20 Suburban Low Density Residential Zone-SR 2 'IA to allow the operation,maintenance,and piping of existing irrigation systems as an outright use within the zone,a provision identical to that included in other Deschutes County Code zones, and originally omitted inadvertently. Page 1 of 19—Central Oregon Irrigation District—Text Amendment Burden of Proof Statement TABLE OF CONTENTS I. INTRODUCTION II. TEXT OF PROPOSED AMENDMENTS TO DCC 19.20.020 A. DCC Chapter 19.20 Suburban Low Density Residential Zone—SR 21/2 1. 19.20.020 Permitted Uses III. PROCEDURE and CRITERIA A. DCC Chapter 19.20 Suburban Low Density Residential Zone—SR 2 1/2 1. 19.20.010 Purpose 2. 19.20.020 Permitted Uses B. DCC Chapter 19.116 Amendments,Appeals and Procedures 1. 19.116.010 Amendments C. DCC Chapter 22.12 Legislative Procedures 1. 22.12.010 Hearing Required 2. 22.12.020 Notice 3. 22.12.030 Initiation of Legislative Changes 4. 22.12.040 Hearings Body 5. 22.12.050 Final Decision D. ORS Chapter 215 County Planning;Zoning;Housing Codes 1. 215.060 Procedure for action on plan;notice;hearing 2. 215.110 Recommendations for implementation of Comprehensive Plan; enactment of ordinances;referral;retroactivity E. Deschutes County Comprehensive Plan 1. Section 2.5 Water Resources 2. Section 2.9 Environmental Quality F. Statewide Planning Goals 1. Goal 1,Citizen Involvement 2. Goal 2,Land Use Planning 3. Goal 3,Agricultural Lands 4. Goal 4,Forest Lands 5. Goal 5,Natural Resources,Scenic and Historic Areas,Open Spaces 6. Goal 6,Air,Water,and Land Resources Quality 7. Goal 7,Areas Subject to Natural Hazards 8. Goal 8,Recreational Needs 9. Goal 9,Economic Development 10.Goal 10,Housing 11. Goal 11,Public Facilities and Services Page 2 of 19—Central Oregon Irrigation District—Text Amendment Burden of Proof Statement 12.Goal 12,Transportation 13.Goal 13,Energy Conservation 14.Goal 14,Urbanization 15.Goals 15, 16, 17, 18,and 19 IV. CONCLUSION Page 3 of 19—Central Oregon Irrigation District—Text Amendment Burden of Proof Statement I, INTRODUCTION Introduction: The Applicant,Central Oregon Irrigation District("COID"or"Applicant") proposes a minor amendment to Chapter 19-20 Suburban Low Density Residential Zone—SR 2 /2 of the Deschutes County Code("DCC").The Applicant proposes to allow the operation, maintenance,and piping of existing irrigation systems as an outright use within the zone. As a separate matter,COID is proposing to pipe 4,500 feet of its Pilot Butte Canal.The piping will eliminate water loss through the canal and place 7.95 cubic feet per second("cfs")of water permanently instream in the Deschutes and Crooked Rivers.The Pilot Butte Canal,where the canal is to be piped,crosses land zoned Suburban Low Density Residential—SR.2 V2.Although piping is permitted by DCC Section 19.88.120,for purposes of consistency and clarity,the Applicant would like to add operation,maintenance,and piping of existing irrigation systems a permitted use,thus making Chapter 19.20 consistent with Title 18 zones of the DCC. Title 18 of the DCC was amended by Ordinance 2001-039,allowing the operation,maintenance, and piping of irrigation canals as a permitted use in 18 sections throughout Title 18.The Applicant understands that it was the County's intent to make the piping of irrigation canals a permitted use throughout the Code,and it was perhaps an oversight to omit amending Chapter 19.20 in addition to Title 18. Applicant: The Applicant for this text amendment is Central Oregon Irrigation District,an Oregon municipal corporation,managed by Steven Johnson. Property Description: The area affected by this text amendment is land zoned SR 2 %in Deschutes County. Request: The Applicant is requesting a minor legislative text amendment to allow the operation, maintenance,and piping of existing irrigation systems as an outright permitted use in DCC Section 19.29-020. Page 4 of 19—Central Oregon Irrigation District—Text Amendment Burden of Proof Statement U. TEXT OF PROPOSED AMENDMENTS TO DCC 19.20.020 The proposed text amendment is below,with text in bold for new language. A. DCC Chapter 19.20 Suburban Low Density Residential Zone—SR 2 1/2 1. Section 19.20.020 Permitted Uses The following Uses are permitted: A. Single-family dwelling. B. Agriculture,excluding the keeping of livestock. C. Home occupations subject to DCC 19.88.140. D. Other accessory uses and accessory buildings and structures customarily appurtenant to permitted use subject to DCC 19.92.020. E. Operation,maintenance,and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. III. CRITERIA and STANDARDS A. DCC Chapter 19.20 Suburban Low Density Residential Zone—SR 21/2 1. Section 19.20.010 Purpose To encourage,accommodate,maintain and protect large lot suburban type residential development in areas with DEQ permitted community or municipal sewer systems or individual sewage disposal systems where soil will accommodate individual disposal systems and sewer service is not available and in areas which,because of location and physical characteristics,are well suited for such development. Response: The proposed text amendment is compatible with the purpose of the SR 2'/2 zone.Allowing irrigation districts to operate,maintain and pipe irrigation canals is compatible with the SR 2 '/z zone because irrigation exists on many of these parcels,and where it does,piping of the irrigation canals will not hinder large lot suburban type residential development.Large lots often are landscaped or contain gardens or other landscaping where irrigation water is preferred to potable water,because it is untreated and less expensive. Piping of the canals may make residential lot development safer because children,pets and wildlife will not be at risk of falling in open canals.For the aforementioned reasons,irrigation district operation,maintenance,and piping of existing irrigation systems is compatible with the purpose of large lot suburban type residential development. Page 5 of 19--Central Oregon Irrigation District--Text Amendment Burden of Proof Statement 2. Section 19.20.020 Permitted Uses The following Uses are permitted: • A.Single-family dwelling. B. Agriculture,excluding the keeping of livestock. C. Home occupations subject to DCC 19.88.140. D. Other accessory uses and accessory buildings and structures customarily appurtenant to permitted use subject to DCC 19.92.020. Response: This section is provided for reference.Note this section includes agriculture and is where the Applicant subsequently proposes to add piping of irrigation canals as a permitted use. B. DCC Chapter 19.116 Amendments,Appeals and Procedures 1. Section 19.116.010 Amendments DCC Title 19 may be amended by changing the boundaries of zones or by changing any other provisions thereof subject to the provisions of DCC 19.116. A. Text changes and legislative map changes may be proposed by the Board of County Commissioners on its own motion,by the motion of the Planning Commission,upon payment of a fee,by the application of a member of the public.Such changes shall be made pursuant to DCC 22.12 and ORS 215.110 and 215.060. Response: The Applicant is compliant with the required text amendment procedure.Pursuant to DCC 19.116.010(A)an applicant may,upon payment of a fee accompanied with an application,apply for a text amendment.This is a legislative text amendment,thus it must be handled in accordance with the applicable provisions of DCC Title 22 and ORS 215.110 and ORS 215.060.The Applicant demonstrates compliance with these criteria below. The Applicant is compliant with the legislative text amendment procedure because the Applicant has paid the required fee,submitted an application and demonstrated compliance with the applicable criteria. Page 6 of 19---Central Oregon Irrigation District—Text Amendment Burden of Proof Statement B. DCC Chapter 22.12 Legislative Procedures 1. Section 22.12.010 Hearing Required No legislative change shall be adopted without review by the Planning Commission and a public hearing before the Board of County Commissioners.Public bearings before the Planning Commission shall be set at the discretion of the Planning Director,unless otherwise required by state law. Response: As required by DCC 19.116.010(A),legislative text amendments shall be handled in accordance with the applicable provision of DCC Title 22A2.Deschutes County Code Section 22.12.010 requires review by the Planning Commission and a public hearing before the Board of County Commissioners("BOCC"). The amendment will be reviewed by the Planning Commission and a public hearing will be held before the BOCC,at staff discretion.The Applicant understands and agrees to participate in this process,therefore the Applicant is compliant with these procedures. 2. Section 22.12.020 Notice A. Published Notice 1. Notice of a legislative change shall be published in a newspaper • of general circulation in the county at least 10 days prior to each public hearing. 2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. B. Posted Notice.Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. C. Individual Notice.Individual notice to property owners,as defined in DCC 22.08.010(A),shall be provided at the discretion of the Planning Director,except as required by ORS 215.503 D. Media Notice.Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. • Page 7 of 19--Central Oregon Irrigation District—Text Amendment Burden of Proof Statement Response: As required by DCC 19.116.010(A),text amendments shall be handled in accordance with the applicable provision of DCC Title 22.12.Deschutes County Code Section 22.12.020 requires notice prior to a public hearing for legislative changes.Because this is a legislative text amendment,notice is required. 3. Section 22.12.030 Initiation of Legislative Changes A legislative change may be initiated by application of individuals upon payment of required fees as well as by the Board of Commissioners or the Planning Commission. Response: The Applicant is compliant with the procedure to initiate a legislative change.This section provides that a legislative change may be initiated by an individual when accompanied with the required fee and an application.The Applicant has initiated this legislative text amendment and submitted the required fee and an application therefore the Applicant is compliant with this procedure. 4. Section 22.12.040 Hearings Body A. The following shall serve as hearings or review body for legislative changes in this order: 1. The Planning Commission. 2. The Board of County Commissioners. B. Any legislative change initiated by the Board of County Commissioners shall be reviewed by the Planning Commission prior to action being taken by the Board of Commissioners. Response: This section provides that the Planning Commission and the BOCC shall serve as the reviewing body for legislative changes and is not a criteria with which the Applicant must comply with. 5. Section 22.12.050 Final Decision All legislative changes shall be adopted by ordinance. Page 8 of 19—Central Oregon Irrigation District—Text Amendment Burden of Proof Statement Response: This section is requires that legislative changes shall be adopted by ordinance.Because this is a legislative text amendment,it must be adopted by ordinance.Applicant agrees to this procedure. D. ORS Chapter 215 County Planning;Zoning;Housing Codes 1. Section 215.060 Procedure for action on plan;notice;hearing Action by the governing body of a county regarding the plan shall have no legal effect unless the governing body first conducts one or more public hearings on the plan and unless 10 days' advance public notice of each of the hearings is published in a newspaper of general circulation in the county or,in case the plan as it is to be heard concerns only part of the county,is so published in the territory so concerned and unless a majority of the members of the governing body approves the action.The notice provisions of this section shall not restrict the giving of notice by other means,including mail,radio and television. Response: DCC 19.116.010 requires text changes proposed by a member of the public be made pursuant to ORS 215.060.ORS 215.060 requires the governing body to provide notice and hold a public hearing before actions regarding the Comprehensive Plan are effective. The Applicant only proposes to amend the County Code,not the County Comprehensive Plan,thus this section is not applicable.The County Comprehensive Plan already states piping as favored. 2. Section 215.110 Recommendations for implementation of Comprehensive Plan; enactment of ordinances; referral; retroactivity 1. A planning commission may recommend to the governing body ordinances intended to implement part or all of the Comprehensive Plan.The ordinances may provide,among other things,for: a. Zoning; b. Official maps showing the location and dimensions of,and the degree of permitted access to,existing and proposed thoroughfares,easements and property needed for public purposes; c. Preservation of the integrity of the maps by controls over construction,by making official maps parts of county deed Page 9 of 19--Central Oregon Irrigation District--Text Amendment Burden of Proof Statement records,and by other action not violative of private property rights; d. Conservation of the natural resources of the county; e. Controlling subdivision and partitioning of land; f. Renaming public thoroughfares; g. Protecting and assuring access to incident solar energy; h. Protecting and assuring access to wind for potential electrical generation or mechanical application; and i. Numbering property. Response: Pursuant to ORS 215.110(1)the planning commission may recommend ordinances to the governing body which are intended to implement part or all of the Comprehensive Plan.The Comprehensive Plan already supports piping.The ordinances may also provide for conservation of the natural resources of the county. ORS 215.110(1)(d). The proposed text amendment would provide for the conservation of the County's natural resources by eliminating irrigation water loss due to seepage and evaporation in open irrigation canals.For example,piping 4,500 feet of the irrigation canal in Juniper Ridge will allow conservation,and will keep 7.95 cfs of water permanently in the Deschutes and Crooked Rivers. Because the text amendment will allow inigation districts to operate,maintain and pipe existing irrigation systems,thereby conserving Deschutes County's resources,the Applicant is compliant with the above criteria. 2. The governing body may enact,amend or repeal ordinances to assist in carrying out a Comprehensive Plan.If an ordinance is recommended by the planning commission,the governing body may make any amendments to the recommendation required in the public interest.If an ordinance is initiated by the governing body,it shall,prior to enactment,request a report and recommendation regarding the ordinance from the planning commission,if one exists,and allow a reasonable time for submission of the report and recommendation. 3. The governing body may refer to the electors of the county for their approval or rejection an ordinance or amendments thereto for which this section provides.If only a part of the county is affected,the ordinance or amendment may be referred to that part only. 4. An ordinance enacted by authority of this section may prescribe fees and appeal procedures necessary or convenient for carrying out the purposed of the ordinance. Page 10 of 19—Central Oregon Irrigation District—Text Amendment Burden of Proof Statement 5. An ordinance enacted by authority of this section may prescribe limitations designed to encourage and protect the installation and use of solar and wind energy systems. 6. No retroactive ordinance shall be enacted under the provisions of this section. Response: The sections above outlines functions the governing body may take with respect to enacting ordinances,including that the governing body may enact ordinances to carry out a Comprehensive Plan.This proposal will carry out the Comprehensive Plan's stated support of piping by adding it as an outright use to the nineteenth zone in the code. E. Deschutes County Comprehensive Plan 1. Section 2.5 Water Resources • Background Water resource management is impacted by land use planning and includes numerous components from groundwater to river systems and water availability to water quality.Unpolluted water is essential for biodiversity and for human,animal and plan survival.Besides consumption and irrigation,water is also needed for maintaining the river and stream ecosystems that are a Iarge part of Deschutes County's quality of life and economy.Management of this shared resource is regional priority. The policies in this section provide the framework for evaluating land use actions and define the responsibility of the County to work in partnership with cities,agencies,non-profits and others to achieve efficient use of water resources and effective management of water quality in the Upper Deschutes Basin. Response: The text amendment is consistent with the Comprehensive Plan's water resources policies.By allowing irrigation districts to operate,maintain and pipe existing irrigation systems in the SR 2 I/2 zone,the County is promoting the efficient use of water resources and effective management of water quality in the Upper Deschutes Basin,when it allows piping to conserve the resource. Under the proposed amendment,the districts will be able to effectively and efficiently maintain irrigation systems and/or pipe the systems.Doing so will prevent pollution,contaminates and invasive weeds from entering the water,thereby enhancing the water quality. In addition,piping Page 11 of 19—Central Oregon Irrigation District—Text Amendment Burden of Proof Statement the irrigation canals promotes water conservation.The proposed amendment to Chapter 19.20 is consistent with the Comprehensive Plan's water resources policies and goals because it promotes the efficient use of water. • Water Conservation Water conservation plays a major role in ensuring adequate water availability.Promoting water conservation leads to an efficient and cost-effective use of resources.Generally,conservation is seen as a win for the community,the economy and the environment. o Irrigation Districts Conservation Agriculture is estimated to use approximately 90%of the surface water in the Upper Deschutes Basin.Therefore irrigation district conservation efforts can have a significant impact on water availability.Water savings from water • conservation projects undertaken by irrigation districts or their patrons can be transferred to instream use for the • Allocation of Conserved Water. A major conservation initiative by irrigation districts is the piping and lining of irrigation canals.Water seeps out of canals into the permeable rock layer below and is lost to irrigation uses.Piping and lining projects provide benefits such as improving water delivery efficiency,reliability and freeing water for other uses.Concerns have been expressed that the water that leaks from the canals recharges the aquifer,and piping and lining have the potential to lower the water table. Additionally,some residents with open irrigation canals on their properties appreciate the aesthetic and wildlife benefits of the canals. A number of irrigation district efficiency improvements have been completed since 1997.These improvements,through reducing seepage losses in conveyance systems and improving on-farm efficiency,have reduced water losses by 45,360 acre- feet on an annual basis in the Upper Deschutes Basin.It is estimated that 110,268 acre-feet could be saved annually,based on a Deschutes Water Alliance report(Irrigation District Water Efficiency Cost Analysis and Prioritization).Certain districts have been able to reduce piping project costs by incorporating hydroelectric facilities in suitable reaches. Page 12 of 19--Central Oregon Irrigation District—Text Amendment Burden of Proof Statement Central Oregon Irrigation District utilized the funds to assist in piping a 2.5 mile section of its Pilot Butte Canal permanently conserving 19.6 cubic feet per second to the Deschutes River and for the construction of a 5.0 megawatt hydroelectric facility. Response: The Comprehensive Plan identifies water conservation and the piping of irrigation canals as a significant way to make improvements in efficiency and water conservation.Amending Chapter 19.20 to allow for the operation,maintenance,and piping of existing irrigation systems as an outright use will enable irrigation districts to pipe existing irrigation canals thereby conserving water,which the Comprehensive Plan identifies as a"win for the community,the economy,and the environment." • Water Resource Policies o Goal 2 Increase water conservation efforts. • Policy 2.5.6 Support conservation efforts by irrigation districts,including programs to provide incentives for water conservation. o Goal 3 Maintain and enhance a healthy ecosystem in the Deschutes River Basin. Response: The proposed text amendment is consistent with the Comprehensive Plan's water resource Goals 2 and 3 and Policy 2.5.6. Amending the code to allow for operation,maintenance and piping of existing irrigation systems will: (1)allow irrigation districts to increase their water conservation efforts,(2)support conservation efforts by irrigation districts,and(3)help maintain and enhance a healthy ecosystem in the Deschutes River Basin.These actions directly promote Goals 2 and 3 and Policy 2.5.6. 2. Section 2.9 Environmental Quality • Clean Water Water quality issues cannot be separated from the issues of water availability and the health of rivers and streams.Concerns over water quantity and quality were noted frequently in public meetings as a key issue for the County going forward.Water issues are addressed in this Plan in Section 2.5 Water Resources and Section 3.10 under South Deschutes County's Regional Problem Solving. Page 13 of 19—Central Oregon Irrigation District—Text Amendment Burden of Proof Statement Response: • In Section 2.9,Environmental Quality,the Comprehensive Plan identifies clean water and water quality as issues of concern within the County.Concerns exist for both the water quantity and quality.The text amendment aids in improving both water quantity and quality because it enables irrigation districts to maintain their irrigation systems and pipe the canals,thereby protecting and conserving water. o Noxious Weeds Noxious weeds are a serious issue in Deschutes County.These non-native and sometimes poisonous species overrun native vegetation,shelter undesirable insects,consume scarce water and infest crops.They can and do grow anywhere,but thrive on disturbed surfaces.Roadsides,former farmlands,inactive surface mines and non-landscaped areas around construction sites are all prime sites.Weeds on any one property can have a major effect on the maintenance of others. Response: As stated in the Comprehensive Plan,"noxious weeds are a serious issue in Deschutes County" and come with several undesirable side effects.The text amendment will allow irrigation districts to operate and maintain irrigation systems by keeping them clean and weed free,which will help prevent the spread of noxious weeds. • Environmental Quality Policies o Goal 1 Maintain and improve the quality of the air,water and land Response: The proposed text amendment is compliant with the environmental quality issues identified in the Deschutes County Comprehensive Plan such as:water quality,quantity and noxious weeds. The amendment will help achieve Goal 1 by maintaining and improving the quality of the water in Deschutes County. F. Statewide Planning Goals 1. Statewide Planning Goal 1,Citizen Involvement To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. Page 14 of 19—Central Oregon Irrigation District—Text Amendment Burden of Proof Statement Response: The proposed amendment is compliant with Goal 1 because the County is processing this application in accordance with the procedural standards for text amendments.The standards provide for public comment and hearings,thereby promoting the citizen involvement policies of Goal 1.Applicant will cooperate with this process. 2. Statewide Planning Goal 2,Land Use Planning To establish a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions and actions. Response: Goal 2 requires the County to adopt and maintain land use plans and ordinances to implement the Goals.The Goal also requires the County to amend the plans and ordinances when appropriate, following an opportunity for public notice and comment.The proposed amendment is consistent with Goal 2 because the amendment will provide clarity and consistency within the Code.As noted above,the amendments are subject to public review and comment,including public hearings before the Planning Commission and the Board of Commissioners. 3. Statewide Planning Goal 3,Agricultural Lands To preserve and maintain agricultural lands. Response: The proposed text amendment is consistent with Goal 3,Agricultural Lands because allowing the operation,maintenance,and piping of existing irrigation systems on SR 2 '/2 land will enable the irrigation districts to ensure that water is flowing to agricultural lands in a safer and more efficient manner. Irrigation districts are essential to successful agricultural uses in the County,and this amendment enables the districts to ensure agricultural lands are receiving water by allowing for the operation,maintenance and piping of existing irrigation systems.In addition to consistent water delivery,piping will conserve water which may reduce the potential cost of water to farmers and ranchers,thereby enhancing agricultural operations over time. Because this text amendment aids irrigation districts in providing water to agricultural lands, which is necessary for the preservation and maintenance of agricultural lands,the amendment is compliant with Goal 3. 4. Statewide Planning Goals 4,Forest Lands To conserve forest lands by maintaining the forest land base and to protect the state's forest economy by making possible economically Page 15 of 19--Central Oregon Irrigation District—Text Amendment Burden of Proof Statement efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil,air,water,and fish and wildlife resources and to provide for recreational opportunities and agriculture. Response: Goal 4 concerns forest lands,the proposed text amendment only affects Chapter 19.20,which governs Suburban Low Density Residential Zone—SR 2 %a.Because this amendment does not apply to the forest use zones,this nonforest use on nonforest land will not adversely affect forest uses.The proposed text amendment complies with 4 because it does not adversely affect forest lands. 5. Statewide Planning Goal 5,Natural Resources,Scenic and Historic Areas, Oven Spaces To protect natural resources and conserve scenic and historic areas and open spaces. Response: The proposed text amendment is complaint with Goal 5 because allowing the operation, maintenance,and piping of existing irrigation systems outright will conserve a natural resource. Allowing piping as an outright use will encourage and enable irrigation districts to pipe existing canals thereby eliminating the loss of water that occurs in an open canal through seepage and evaporation.The text amendment is compliant with Goal 5 because it will help protect water asa natural resource. 6. Statewide Planning Goal 6,Air,Water,and Land Resources Quality To maintain and improve the quality of the air,water and land resources of the state. Response: Goal 6 requires that air,water and land resource quality be maintained and improved.The text amendment is compliant with Goal 6 because allowing for the operation,maintenance,and piping of irrigation systems will improve water quality.The quality will be improved or maintained because piping will significantly reducing the possibility of pollution,contaminates or invasive weeds mixing with water in an open irrigation canal. The quantity of water in the Deschutes and Crooked Rivers will also be improved as piping will allow for additional water to remain in rivers_Returning additional water to rivers will increase the quantity of water in the rivers,thereby improving the water resources of the state.The Page 16 of 19--Central Oregon Irrigation District—Text Amendment Burden of Proof Statement proposed text amendment is compliant with Goal 6 because it will improve the quality and quantity of water. 7. Goal 7 Areas Subject to Natural Hazards To protect people and property from natural hazards. Response: The text amendment complies with Goal 7,Areas Subject to Natural Hazards,because it will not affect areas subject to natural hazards in Deschutes County. 8. Statewide Planning Goal 8.Recreational Needs To satisfy the recreational needs of the citizens of the state and visitors and,where appropriate,to provide for the siting of necessary recreational facilities including destination resorts. Response: The text amendment complies with Goal 8,Recreational Needs,because the text amendment, through piping,may leave additional water in rivers thereby enhancing recreational opportunities for river enthusiasts.Additionally,the amendment will not adversely affect recreation areas in Deschutes County,therefore the amendment is compliant with Goal 8. 9. Statewide Planning Goal 9,Economic Development To provide adequate opportunities throughout the state for a variety of economic activities vital to the health,welfare,and prosperity of Oregon's citizens. Response: The proposed amendments are consistent with Goal 9,Economic Development,because allowing irrigation districts to operate,maintain and pipe irrigation systems enables districts to better serve their patrons who rely on water for agriculture activities.These activities directly contribute to economic development and citizens' welfare. The text amendment will enable the districts to better serve their patrons by allowing districts the ability to perform maintenance such as clearing invasive weeds,blocked canals or cleaning ditches.Allowing the district to perform these tasks will ensure water reaches all patrons who rely on water for economic welfare and development.This amendment also allows irrigation water delivery to be improved,decreasing costs to all patrons over time. The text amendment is compliant with Goal 9 because it aids in economic development. Page 17 of 19—Central Oregon Irrigation District—Text Amendment Burden of Proof Statement 10.Statewide Planning Goal 10,Housing To provide for the housing needs of citizens of the state. Response: Goal 10,Housing,is not applicable because no housing function is proposed or impacted with this text amendment. 11.Statewide Planning Goal 11.Public Facilities and Services To plan and develop a timely,orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. Response: Goal 11,Public Facilities and Services,is not applicable because no public facilities or services are proposed with this text amendment and the amendment will not have an adverse effect on public facilities or services. 12.Statewide Planning Goal 12.Transportation To provide and encourage a safe,convenient and economic transportation system. Response: Goal 12,Transportation,is peripherally applicable to this proposal because the text amendment will allow piing,and if done at ground level,will promote less expensive crossings. 13.Statewide Planning Goal 13,Energy Conservation To conserve energy. Response: Goal 13,Energy Conservation,is not applicable to this proposal because the text amendment will not affect energy conservation. Page 18 of 19—Central Oregon Irrigation District—Text Amendment Burden of Proof Statement 14.Statewide Planning Goal 14,Urbanization To provide for an orderly and efficient transition from rural to urban land use,to accommodate urban population and urban employment inside urban growth boundaries,to ensure efficient use of land,and to provide for livable communities. Response: Goal 14,Urbanization is not applicable to this text amendment because it does not affect the orderly and efficient transition from rural to urban land use. 15.Statewide Planning Goals 15,16,17,18,and 19 • Response: Goals 15, 16, 17, 18,and 19 concern resources that are not present within the area affected by this proposed text amendment(Willamette River Greenway,Estuarine Resources,Coastal Shorelands,Beaches and Dunes,and Ocean Resources). IV. CONCLUSION By this text amendment application,the Applicant has satisfied all applicable criteria for the text amendment. The Applicant respectfully requests that the text amendment to the SR 2 %z zone be • granted. Respectfully submitted, HURLEY RE,P.C. 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