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2016-311-Minutes for Meeting June 06,2016 Recorded 6/27/20161916-21116 DESCHUTES COUNTY OFF I C I AL RECORDS 2015411 NANCY BLANKENSHIP , COUNTY CLERK COMMISSIONERS JOURNAL 06/27/2016 02:36:56 PM 1211 111 11111111111111111111 For Recording Stamp Only Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - wvvw.deschutes.ora MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, JUNE 6, 2016 Present were Commissioners Alan Unger, Tammy Baney and Anthony DeBone. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; and Dave Doyle and John Laherty, County Counsel. Attending for a portion of the meeting were Nick Lelack, Peter Gutowsky and other Community Development staff; Whitney Hale, Communications; and two other citizens including Ted Shorack of The Bulletin. Chair Unger opened the meeting at 1:30 p.m. Discussion of Letter of Support for the FORGE Project. David Stowe of the Ardell Group explained that they are a national geothermal laboratory that is one of a consortium of partners attempting to place in this area. The principal partner is the Northwest National Lab. Enhanced geothermal work would be done for Phase II. They are competing with four other teams and will be presenting to the DOE tomorrow in Washington DC. Phase II lasts two years and after that is the final selection process. They have to refine the geologic model and their plan, and begin stimulation work. Phase II is funded at $1 0 million a year. Phase III is the award and will involve one team. Minutes of Board of Commissioners' Work Session Monday, June 6, 2016 Page 1 of 9 Commissioner DeBone said that the he would like to change some of the wording regarding Newberry. Mr. Stowe would like to show strong community support. Commissioner Baney would like to limit it to just Phase II at this point so the Board has a chance to ask more questions about Phase III. DEBONE: Move signature. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Second. UNGER: Chair votes yes. 2. Discussion of Letter of Support: Upper Deschutes River Coalition and Project Wildfire. Commissioner DeBone said that this was a request from Project Wildfire and Joe Stutter. BANEY: Move signature. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Second. UNGER: Chair votes yes. 3. Discussion of CDD Work Plan for FY 2016-17. Nick Lelack said that the work plan evolves each year. They include all their performance measures this year. Next year they want to show the results of achieving the measures. They want this to reflect all that they do in the department. An overarching goal is to create a financial plan to establish reserve fund policies, and how to measure performance to create benchmarks. That way they can track performance and fees. Tim Burg is unable to attend but Mr. Lelack wanted to point out his importance in supporting the department. Mr. Burg figures out how to mine the data. He will expand the on-line subscription services in the future, to include agendas for the Historic Landmarks Commission and the Planning Commission, as well as Hearings Officers' decisions and other information. Minutes of Board of Commissioners' Work Session Monday, June 6, 2016 Page 2 of 9 Peter Gutowsky stated regarding long-range planning, the Goal 11 exception and all the work done on the marijuana issue. This took an extraordinary amount of staff time. Current planning includes unprecedented land use volume, which is getting more complex all the time. Staff is handling this well and he feels they have right -sized to do so. Turnaround time is slower than they want, but with increased staffing this will improve. They want to be as efficient as possible. As he looks ahead, there are projects that may conclude soon. One is the Bend UGB amendment; DSL's RFP on planning for large lot industrial traded sector; plan amendment for a zone change for the eastern part of areas for the next round of Bend UGB expansion; and solar developments that may end up located at up to four sites here. This is a newer industry and an indicator of things to come. There is high demand regarding housing and what people are exploring are not the usual types of property development, especially in the margin areas. Mr. Lelack said that in table 1 of the memorandum, a small project was added to the work plan, for existing permanent dwellings to be used as hardship dwellings in a certain zone. The Planning Commission supports this being on the work plan. There are four possible new items for the work plan. As they look at the landscape management zone, there is a question as to whether it should be 1/8 or 1/4 mile. The greenhouses do not require a building permit so this was put in the marijuana ordinances. This would try to incorporate old concepts with some new information. Some landscape management issues now are holding up building permits. Randy Scheid said that their greatest accomplishments are maintaining reasonable timeframes on planning review. They added new people but are doing much through increased efficiencies due to the huge increase in volume. They are trained to do several kinds of inspections due to having specific certifications. There are four field inspectors that are within retirement age, and he wants to maintain institutional knowledge. They have a good reputation in the industry and want this to go forward. The new FTE's for next year will help with this. They are well over their ten stops per day. They don't want to try to push this further because they want to keep the quality up. The agricultural building exemption issue comes up, but there has to be an agricultural use with the land. Minutes of Board of Commissioners' Work Session Monday, June 6, 2016 Page 3 of 9 They are also providing classes, the latest having to do with solar, which was well attended by people from many other counties. The idea is to gain consistency throughout jurisdictions. They are taking Sisters CDD duties over soon, and the County department already handles La Pine. They are talking with Redmond about this as well. The department went to smaller vehicles to save on fuel and the carbon footprint. They meet the State requirements for plan review, as defined in Statute. Commissioner DeBone asked if there are big houses going up or is there any affordable housing. Mr. Scheid said that theirs are usually custom homes, but did receive an interest for worker housing in Terrebonne, to use container houses. These can be built to meet code. It is not prescriptive but is totally engineered, and this has been done for years around the world. They still have to meet the R -value and square footage. They could end up with one or two models that will work. The square footage went down to 1,500 square feet during the recession but now it is up to 3,000 again. Mr. Lelack said there is a lot of interest in tiny houses but with only one structure allowed per lot, they won't see much of this. Some are being brought in and placed on properties without permits. Chair Unger said there is so much money involved, making this a huge challenge. Lori Furlong stated that customer service is a challenge when they are busy, and they are pushing the envelope. This is hard on staff. Some are in training mode. Code enforcement is difficult as well, with two new staff. Some people have unrealistic expectations about what this means. Sisters will be a big challenge, getting staff established there. The City's one person who is familiar with operations there is gone for most of the month. Mr. Lelack said that theirs is an archaic system and difficult to navigate, but they are very appreciative. There are customers who are anxious for the County to be there, and the contractors are positive about this. Code enforcement is beyond busy. They are at 220 cases this year so far. They had a volunteer who is phasing out but is training another. They have a temporary employee helping with scanning, mailings and filing. Chair Unger asked what is triggering the complaints. Ms. Furlong said as the population grows, it is getting more crowded and some from urban areas do not want to be close to anyone else. Marijuana has been an issue as well. There will be a lot of calls and complaints on this as it is refined. There are obviously illegal grows happening as well. Minutes of Board of Commissioners' Work Session Monday, June 6, 2016 Page 4 of 9 Commissioner DeBone stated that some want to know why they have not been approved yet. Ms. Furlong said it has to do with the sheer volume of business plus having new staff. Some people are going to retire in the near future and they need to have trained people to replace them. Todd Cleveland said that he did hire a full-time person a year ago who was very experienced. This work has gone up 25% over last year. There are site evaluations of vacant lots, the Miller Tree Farm and other developments, plus dealing with systems that need help. They work with DEQ on south County Goal 11 issues, including the financial assistance portion that is running out of money. They may need to reconvene the Financial Assistance Committee to look at this. Recently they started dealing with CRAFT -3 that deals with clean water loans. They want to do a pilot project here, to provide loans for septic system repairs. It will be for the entire County and the City of Bend. Some of the City properties are close enough to connect to the sewer system but it is very costly to the property owner. Commissioner DeBone said the CRAFT -3 program is through the State. This will be addressed at the legislature regarding grants. Commissioner Baney stated that it was part of the AOC Business Oregon component. Mr. Lelack said the newest Planning Commissioner is involved in this. Mr. Cleveland added that DEQ is evaluating some of the newer technology, which might be less expensive up front but more costly to maintain. Commissioner DeBone asked about the Harper Bridge situation. He wants to be sure that this is moving along. Mr. Anderson said that he, Chris Doty and CDD are looking into this but it is very challenging. The main issue is working with the neighborhoods, but at some point, they have to decide something. Commissioner DeBone noted that the County does not want to take the lead but there are too many players who will not cooperate. Chair Unger said that traffic is safer for now but he knows this needs more work. Commissioner Baney asked if the regulations imposed on marijuana end up being challenged, if there is a coordinated effort on how to deal with this. She wanted to know if they continue to move forward or hold off with permitting and inspections. Mr. Lelack said this is a tough question because it would be appealed to LUBA, and they would not decide anything this year. Minutes of Board of Commissioners' Work Session Monday, June 6, 2016 Page 5 of 9 If the opt out is rescinded and it is remanded, he does not know how they would handle what is going on. It would be too late to opt out then. They are waiting to see if there is an appeal, but all they may get is a notice of intent to appeal without knowing the substance or arguments. Mr. Doyle said there is a timeframe for submission and scheduling an argument before LUBA, and time for LUBA to decide. If there are no appeals, it will involve code enforcement. If they do second reading and effectiveness is ninety days out, there is nothing on the books to deal with during that time. Mr. Lelack said that a remanded decision means they cannot proceed. However, with the marijuana issue it is allowed during that time. It would be a lawful use if not appealed and they get permissions from the state, it may be a legal nonconforming use. Mr. Doyle said if there are no regulations in place, there is little they can do. Commissioner Baney wants to know what to tell people. Chair Unger said there is risk out there and nothing will be certain for a while. 4. Discussion of Pronghorn Improvement Agreement Amendment. Peter Gutowsky explained the proposed draft improvement agreement amendment. The site plan modification is under review at this time. Essentially, the request is to build the 104 hotel units as one phase instead of two. There is a detailed timeline, and they want to start on building permits within thirty days. They have a tight schedule and want the occupancy to be able to begin no later than November 2017. One provision is to post an additional bond to cover the difference in costs. The agreement would require a percentage split of reimbursements, and the schedule of drawdowns keeps the County protected during the process. The $2.5 million offered is felt by staff to be adequate. Nick Lelack said that the funding includes the soft costs as well as the hard costs. Mr. Gutowsky stated that they hope to finalize the agreement after it has been fine-tuned, and should be ready by June 20 for Board approval. Mr. Lelack stated that they were going to complete the first hotel within a year, and the second within two years; but they want to do it all now. Minutes of Board of Commissioners' Work Session Monday, June 6, 2016 Page 6 of 9 Laura Craska-Cooper and others involved with the development (Michael Kosmin and Ralph Giffin) were present. Ms. Craska-Cooper explained, via a PowerPoint presentation, how Pronghorn has done market studies and concluded it would be advantageous to have just one Phase that includes both previously planned phases. They are doing a site plan modification to cover the small additional area required. Mr. Kosmin said that the market demand was there for all of the facility and they will not need more land. It will be 70,000 square feet, three stories in a lodge style. It is designed for lock -out use where they could split a unit between customers unless someone wants the entire unit. A sheet detailing the numbers was then reviewed. There was additional work required due to lava tubes beneath the structure. She explained the security being offered via bonds, and the County also holds a deed of trust. The sharing agreement is not a new idea. They bring in a maximum guaranteed price from the contractors ($11 million), and the bond and security is adjusted with the exposure. There is actually better security with this amended agreement. They have a very tight timeframe for different parts of the project. There also are incentives for the builder to do this work under budget and/or under cost. Transient lodging tax would bring in another $200,000 for one and one-half years for the additional units being ahead of schedule. 5. Other Items. Whitney Hale talked about the final slides for the State of the County presentation. There will be limited time available, about three or four minutes per slide. Mr. Anderson asked if anyone is going to NACo this year, in Long Beach. Commissioner Baney stated she would like to attend. Commissioner DeBone said there was a proposal to fill a seat at EDCO to replace Steve Hultburg. They are trying to look for balance. Josh Newton has been recommended. The Board felt this was a good match, and the appointment letter can be on the next consent agenda. Minutes of Board of Commissioners' Work Session Monday, June 6, 2016 Page 7 of 9 There is an EDCO meeting at Crosswater tomorrow with 60 or more people attending. He thinks there will be one or two people from the Sunriver Chamber attending. Mr. Anderson said that Alana Hughson of COVA said that perhaps an agreement could be developed to work on this further. He has not yet responded to this. He has not mentioned the $10,000 set aside to help the Sunriver Chamber move forward on clarifying their mission. Tom Anderson said that the City of Bend want to pass an ordinance regarding climate change issues. He does not see the harm in observing, but not becoming an active partner. Commissioner Baney feels that what can be done within the County is being done already. Chair Unger agreed, and said that he does not feel an ordinance or policy choice is not necessary. Commissioner DeBone does not want to see staff having to attend. Mr. Gutowsky said he attended a conference on climate change and it was very intense. The business community and citizens had a lot of concerns about how this was being approached. It needs to be more from the bottom up and not driven by policy. He is sensitive about CDD being involved since many citizens are their clients. Someone can watch to see where this is going, but he warned against CDD involvement. Commissioner Baney said that perhaps James Lewis (Property Manager) could attend. Commissioner DeBone feels it is very political and specific to Bend at this point. The Board decided that it is premature for the County to participate in this process, but would appreciate hearing on the progress of the group. The budget and work plan have just been finalized and there is no time or resources available to do this. Mr. Anderson stated that the City of Bend no longer pays dues to the Bend Chamber of Commerce. The Bulletin has asked other governmental entities about this, but not the County. The County maintains association with lots of organizations. He feels the County should not propose to change this since they are generally not subject to advocating from the Chambers on any issues. Commissioner Baney wants there to be a firm distinction between the Chamber and their PAC. The PAC revenue is not from membership dues. She feels some Chamber members are blurring the lines, however, and it is not going to benefit them long-term. Minutes of Board of Commissioners' Work Session Monday, June 6, 2016 Page 8 of 9 6. Adjourn. Being no further discussion, the meeting was adjourned at 3:45 p. m. 44 APPROVED this 221 ----Day of Deschutes County Board of Commissioners. ATTEST: Recording Secretary 2016 for the Alan Unger, Chair 46, Tammy Baney, Vice Oiair /,&00,24,- Anthony DeBone, Commissioner Minutes of Board of Commissioners' Work Session Monday, June 6, 2016 Page 9 of 9 Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97703-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., MONDAY, JUNE 6, 2016 Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be addressed at the meeting. This notice does not limit the ability of the Board to address additional subjects. Meetings are subject to cancellation without notice. This meeting is open to the public and interested citizens are invited to attend. Work Sessions allow the Board to discuss items in a less formal setting. Citizen comment is not allowed, although it may be permitted at the Board's discretion. If allowed, citizen comments regarding matters that are or have been the subject of a public hearing process will NOT be included in the official record of that hearing. Work Sessions are not normally video or audio recorded, but written minutes are taken for the record. 1. Discussion of Letter of Support for the FORGE Project — David Stowe, The Ardell Group 2. Discussion of Letter of Support: Upper Deschutes River Coalition and Project Wildfire 3. Discussion of CDD Work Plan for FY 2016-17 — Nick Lelack 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. If you have questions regarding a meeting, please call 388-6572. Deschutes County encourages persons with disabilities to participate in all programs and activities. To request this information in an alternate format, please call (541) 617-4747, or email ken.harmsCc�deschutes.orq. Board of Commissioners' Work Session Agenda Monday, June 6, 2016 Page 1 of 2 4. Discussion of Pronghorn Improvement Agreement Amendment — Nick Lelack & Peter Gutowsky 5. Other Items These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. At any time during the 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; ORS 192.660(2)(b), personnel issues; or other executive session categories. Executive sessions are closed to the public; however, with few exceptions and under specific guidelines, are open to the media. 6. Adjourn Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. Ifyou have questions regarding a meeting, please call 388-6572. Deschutes County encourages persons with disabilities to participate in all programs and activities. To request this information in an alternate format, please call (541) 617-4747, or email ken.harmsdeschutes.orq. Board of Commissioners' Work Session Agenda Monday, June 6, 2016 Page 2 of 2 Bend Chamber: 2016 State of the County Tuesday, June 7th 5 p.m. — 6:45 p.m. Deschutes Brewery, Mountain Room 901 SW Simpson Ave, Bend Logistics: • 5 — 5:25 p.m., Networking • 5:25 p.m., Welcome (Commissioners seated at table on riser) • 5:30 p.m., Presentations Begin (City, then County) o 5:30 — 5:50 City's presentation (Sally Russell and Eric King) o 5:50 — 6:10 — County's presentation • Tom — Introduction (from audience) • Commissioner Baney: Safe Communities, Healthy People • Commissioner DeBone: Resilient Economy • Commissioner Unger: Natural Resource Stewardship and Quality Customer Service • Commissioner DeBone: Effective Asset Management • 6:10 — 6:30 p.m. — Audience Q&A • 6:30 p.m. — Top 10 - (Commissioner Baney) 0 • ur 201 z 0 C) W (1) J 0. 0 W 0. 0- 0 W 1- ›- >- W C.) a 0z c) W H z W J Q W W _. 0 ATURA W 0 W (1) SH M ENTS: is Safety Radio Project Initiation of Pub 'QA .a = G fl. 0 0 a CD C co) as co .. 2 N 0 o O cv N to .A N a O CD Q LV E co tQ ocn) Prosecutions Successfu Mental Hea Marijuana Regulations E. i CO E O 0 s► D- Nti) -o o CO fsa 0 0 ttS ' t6 CO 2 v vn 100. 0470 401 N o o.' 1 °sL to 0 ealth Improvement Pla I served rx Z N W c 5 O lop a 5 0 0 ■ d) 0 .0 E sin: on raum U 0 0 SH M ENTS: ACCOMPL iners Road project (1) '4- O 0 G) E O U { Fair & Expo Center's Use of TRT and event growth Partner with EDCO for FY '16 Business Loans to Bend businesses $75,123 in loans 0 00 4+0 O 3 0> V Ca 7 c0 to Di So "r° N x 3 **0 o u- Si 3 o tto o. c. o `0 0 a �, et o U �3 0 S= Q" Y ZS -7i 0 0 0 0 0 I Qa `4o C. to ..- °P o Y �' v 1„' d 0 v ° .. V 16 Tli o t7S o ii ... �,, 3 ,o :.°1 o Q ° OS 0 ti) 0.p. 0 j w D" C 0 0 U� 4. I W H Z 1- 0 O. 0 W z W J Continue to seek out state and federa N 4.1 C) 0 0 a) z 0 a) c5 0 LL o_ Water Efforts Controlled Burn Smoke Po 3 y 0 -a0 0 0 o Z 2 R Y 0) -u • 0) 4*; �' ti) % 0. 0 s. A- Q, V 0 �% 0) C6 z >4. 0 Y0 u.i w .0.1) s ...- 0 col) 0 Com 0 ttS3 1 0) s; 2 0 N v V N co � N as O�_ oI (0, 4-, a) v a) Z6 -0 fts 40J C 0 N Z CO CO (0 c 4) •.- ----------- 4.a > c6 Q) .o t6 ° Q O . E N -- a) a) .. cn 0) a) W O as 4.0 Z c,o r v E N O 0 a) tL pt C.) 110 Z1 SHMENTS ACCOMPL 4.0 MEMO O O a) 4• 111S.= a) C6 V saJ C) t6 .0y N O O O \ v ▪ O O O J N O CU •> 4..,'4 - >, Q. O Ca s C • N O J O = a) i Q ca as x 0 J O W O.. it __ k-7, EIL Butte Highway Project 1 Street Renovation (1) W >+ V N co 0 D ■ cts E O N >+ CtS 4+CO O 0 O Safe Communities — Commissioner Baney 2016 ACCOMPLISHMENTS (Slide One): • 9-1-1 o Recent May Primary — In May, voters supported permanent funding for 9-1-1 ■ Will pay for new radio system • Today, local agencies use different radio systems. Many are outdated. First responders often don't have adequate radio coverage, especially when they're inside building or in remote areas. • 9-1-1 is combining local agencies' systems into a new, updated radio system. This will fix gaps in coverage and help keep the public, fire, police and emergency medical responders safe. • Sheriff's Office o Assistance to Harney County • The Sheriff and several members of his staff provided more than 1,700 hours of support and assistance to Harney County officials and local, state, and federal law enforcement agencies during the occupation of the Malheur National Wildlife Refuge. o Emergency / Disaster Prep and Planning ■ Next Week DCSO, County and City Staff will be participating in a region -wide Cascadia Rising Exercise to prepare to coordinate a response to a Cascadia Subduction Zone earthquake and tsunami. • DA's Office o Successful Prosecutions — "Holding People Accountable" • Child Abuse; Death Investigation; DUI!, Vehicular Assault, Criminally Negligible Homicide • Marijuana Regulations o Opt Out, MAC, Reasonable Regulations, Compatibility of Uses o Second reading of regulations tomorrow (June 8`h) o The new regulations will take effect 90 days after their second reading 2017 OPPORTUNITIES (Slide Two): • 9-1-1 Radio Communication System o Complete construction and deploy a new county -wide radio and data communications system Healthy People — Commissioner Baney 2016 ACCOMPLISHMENTS (Slide One): o Regional Health Improvement Plan o The regional health improvement plan (RHIP) for Central Oregon was published in January 2016. Focus on creating a healthier Central Oregon and continuing partnership among healthcare providers, local government, educators and community-based and non-profit organizations. o Increased number of veterans served o On track to serve 3,500 veterans this year, which is a 10% increase from last year o Also seeing an increased number of assisted living visits and in home visit request o Work focusing on trauma informed care / ACES o County staff has integrated ACES in School Based Health Center work o Part of a larger, community -wide look at ACES and their impact o Mental Health Crisis Management o Response to Recent High Desert Museum Incident o Umpqua Community College Response o Expanded bike lanes o Used the reconstruction of Skyliners Road as an opportunity to provide previously non- existent bike lanes on this very popular cycling route. 2017 OPPORTUNITIES (Slide Two): o Assessment of Crisis Receiving Center / Sober Station o Deschutes County Health Services and the sheriff's office are investigating a plan to help people deal with mental health crisis and/or to help people sober up and possibly divert them from the criminal justice system. o The project is still in the planning stages, but could leverage existing staff to run a crisis receiving center. o It would provide a safe, stable environment where people who are drunk, high or in crisis can get sober and learn about ways to access longer term help. o The center will likely be located in the vicinity of the public safety campus off U.S. Highway 20. o Affordable Housing o Recent donation of tax foreclosure to Habitat for Humanity (Terrebonne and Redmond) Resilient Economy — Commissioner DeBone ACCOMPLISHMENTS (Slide One): • Completion of Skyliners Road project • Deschutes County utilized to the Federal Lands Access Program to reconstruct Skyliners Road (using $1M in DC funding to leverage $9M in federal funds). • Fair & Expo Center's Use of TRT and event growth • 13% increase in events since August 2014 ■ 52 new events including: tradeshows, conferences, sporting events and livestock events. • Partner with EDCO for FY '16 Business Loans to Bend businesses • $75,123 in loans resulted in the creation of 58 jobs in Bend OPPORTUNITIES (Slide Two): • Long-term vision for Fair & Expo Center: • Capital investment for greater event variety • Sports Complex • Continued partnership with OSU Cascades for exploration of potential future use of Bend Demo Landfill site • The Demolition Landfill was formerly a landfill site for wood products and construction waste. • The work being conducted is part of a pilot project to evaluate the feasibility of excavating and processing landfilled materials with the goal of developing useable products such as landfill cover and fill. • Information gathered during this pilot project will help us evaluate how much it would cost and how long it might take to eventually clean up or mitigate risks for the entire 75 -acre site. • Workforce Investment • Oregon Workforce Alliance — Ensure workforce development services are provided to job seekers in a way that is responsive to our county's workers, employers and communities. • Collaborate with ODOT and others to address traffic safety and capacity needs • Median on Hwy 97 • Assist the City in their economic development goals Natural Resource Stewardship — Commissioner Unger ACCOMPLISHMENTS (Slide One): • Fire Protection: All Lands, All Hands • Deschutes Collaborative Forest Project, La Pine Basin Project • Launch of CO Cohesive Wildland Fire Strategy • FEMA grants for fuels reduction work • Project Wildfire • Ongoing work to combat noxious weeds • Goal 11 exception • The Board adopted the Goal 11 exception on February 10. The Goal 11 Exception is intended to preserve and protect Southern Deschutes County's high quality water for the future. • Self -refueling compressed natural gas vehicle • The Road Dept. has been using a truck that runs partially on compressed natural gas since September. Pilot program with Onboard Dynamics, a Bend -based technology company. OPPORTUNITIES (Slide Two): • Continue to seek out state and federal funding for fuels reduction projects • Spotted Frog / Sage Grouse • Water Efforts • Controlled Burn Smoke Policy Effective Asset Management - Commissioner DeBone ACCOMPLISHMENTS (Slide One): ■ Law Library transition to Deschutes Public Library • County's law library found a new home at the Deschutes Public Library • Residents and attorneys now have a greater access due to increased hours and online services • Partnership with State / J Bar.) for use of unused capacity at detention facility • 1 Bar J Youth Services to use 16 beds for youth offenders on parole and probation. (Possibly more next year). • Expansion of Knott Landfill • In the process of re -locating the area where compost is created to accommodate new growth within the landfill's footprint. • Powell Butte Roundabout Project • Necessary due to safety problems at the intersection 1/ On schedule for end of July completion. • Wall Street Renovation • Repurposing space on our Wall Street campus for Health Services program that serves developmentally disabled youth and adults. OPPORTUNITIES (Slide Two): ■ New Finance/Human Resources System • The purpose of updating our software is to Integrate, Optimize, Simplify and Standardize the way we do business. • Maintain customer service levels by strategically expanding to accommodate the region's rapid growth in a fiscally responsible way • CDD, DCSO, etc. • Continue to look for innovative ways to maintain our road infrastructure • Road Dept. continues to experiment with pilot projects to convert gravel roads into hard surfaces. This past year, they've used ground up asphalt and different type of road seals for those conversions. Evaluating outcomes and long term maintenance costs. Community Development Department Planning, Building Planning, ding Safety, Environmental Sons, Code Enforcement PO Box 6005, Bend, Oregon 97708-6005 117 NW Lafayette Avenue www.deschutes.orgJcd MEMORANDUM TO: Board of County Commissioners FROM: Nick Lelack, AICP, Director DATE: June 1, 2016 SUBJECT: Draft CDD Annual Report and Work Plan for Fiscal Year (FY) 2016-17 / Work Session The purpose of this work session is to present the draft Community Development Department (CDD) Annual Report and Work Plan for Fiscal Year (FY) 2016-17 (July 1, 2016 to June 30, 2017). A public hearing on the Work Plan is scheduled for June 22. BACKGROUND Each spring, CDD prepares an Annual Report and Work Plan describing annual accomplishments and a proposed work plan for the coming fiscal year. The work plan describes the most important objectives and proposed projects in each CDD division based on: 1. The Board of County Commissioners' (BOCC) annual goals and policies; 2. Carry-over projects from the current or prior years; 3. Changes in state law; 4. Public comments; and 5. Grants/funding sources. The work plan is presented in draft form to our major customer groups, including the Central Oregon Builders Association (COBA) and the Central Oregon Association of Realtors (COAR), the Planning Commission, the Historic Landmarks Commission, interest groups, and is distributed with a request for comments to cities and the general public. The memorandum summarizes the department's accomplishments over the past year, Planning Commission and Historic Landmarks Commission (HLC) recommendations, and the draft work plan for next fiscal year. DRAFT WORK PLAN CDD's FY 2016-17 Annual Report and Work Plan improved over the 2015-16 document. Specifically, the new Work Plan includes an executive summary, CDD's 2016-17 Performance Measures, and incorporates elements from the CDD Budget Document to provide a complete report of the department for internal and external customers, and staff. The 2017-18 Work Plan will further expand to include reports on the performance measures and more. PLANNING COMMISSION The Planning Commission held a work session on April 28 and two public hearings on May 12 and 26 to gain public input, discuss, and make a recommendation to the BOCC, regarding the Planning Division FY 2016-17 Work Plan. The Commission unanimously recommended approval of the draft Work Plan to the Board, including adding a recommendation from a member of the public, John McIntyre, to initiate the first project listed in the table below pertaining to a text amendment to allow buildings to be used as hardship dwellings in the EFU zone consistent with state law (County Code is currently more restrictive and only allows manufactured homes and RVs). The Commission forwarded the other citizen requested to projects to the BOCC for consideration but without a recommendation. 1. Table 1— Citizen Requests izen,Requested Projects, w Level of Complexity ,, Initiate text amendment to allow existing buildings to be used as hardship dwellings in the EFU zoning district. 2. Establish community/organization notification system of land use applications in specific areas. 3. Review and consider amending the Landscape Management Zone to address review processes and applicability. 4. Create a County ombudsman to facilitate resolutions to neighbor disputes and similar situations. Minor Minor to Moderate Minor to Moderate Minor to Moderate The Commission also recommended the Board consider adding additional long range planning staff in the FY 2017-18 budget to increase capacity for long range planning projects. The Commission reviewed the projects listed in Table 2 below that are either (1) in process or (2) carried over from FY 2015-16 and likely to be initiated in FY 2016-17 in developing its recommendations. The Commission supports these projects remaining in the Work Plan and recognizes that they, together with new projects identified in the draft Work Plan, consume all available planning resources pending the following: • Implementation of (and potential amendments to) regulations pertaining to medical and recreational marijuana; • Completion of Bend's Urban Growth Boundary amendment and Bend Airport Master Plan update; • Timing of applications to amend the Redmond Urban Growth Boundary for a regional large -lot industrial campus; • Status and decisions regarding work tasks associated with Oregon spotted frog. The following describes resource requirements for projects listed in Table 2. • A minor rating equates to 2-4 months to complete and 0.25-0.75 full time equivalent (FTE) of long range planning staff. • A moderate rating equates to 4-8 months to complete and 0.5-1.0 FTE or more. 2 • A significant rating spans 6-12 months or longer and requires 1.0-2.0 FTE with possible consultants. Some projects identified as "minor" can evolve and extend the amount of resources and projected timeframe significantly. The resources required for several projects therefore may change depending on different factors. Projects Bend Airport Master Plan (BAMP) Bend Urban Growth Boundary (UGB) Coordination Brownfield Grant Central Oregon Large - lot Industrial Project Certified Local Government Grant (CLG) Code Audit Work Program Community Plans DLCD Nonresource Lands Project Federal Emergency Management Coordination Floodplain Harper Bridge Housekeeping and Legislative Amendments Table 2 — Proposed Long Range Planning Projects (FY 2016-2017) Brief Description Coordinate with the City of Bend to adopt the Bend Airport Master Plan into the Comprehensive Plan and zoning code amendments into County Code Coordinate-with-the-Cityof-Bend-to complete -their UGB -- .-..-.-- amendment Administer U.S. EPA Community -Wide Brownfield Assessment Grant. Grant ends September 2016. Coordinate with the City of Redmond to initiate a UGB amendment for a regional large -lot industrial campus Administer a CLG Grant from the State Historic Preservation Office. Grant ends August 2016. Reapply in February 2017 for the 2017-2018 period Develop a work program to audit County land use regulations to update review processes and standards to achieve County goals. Engage Tumalo and Terrebonne residents to determine if community goals and policies meet the current and future needs of the area. Participate in Phase 1 of DLCD's nonresource lands project to evaluate conservation and development issues surrounding lands that do not t require protection under Goals 3 (agriculture) or 4 (forest), and support LCDC rulemaking. Monitor and participate in state -led process to address the effects of a lawsuit related to the federal Endangered Species Act (ESA) and floodplain development Amend Deschutes County Code to change the flooplain zone (DCC 18.96) into a combining zone Participate in the process to develop solutions for safe access to Deschutes River Initiate housekeeping and legislative text amendments. Marijuana Regulations Initiate a text amendment regulating recreational marijuana based on 2015 State legislation 3 Resources/Timeframe Phase 1 of this proposal is in process. Phase 2 will be Moderate to Significant _In process: Moderate.. to Significant In process: Minor Minor to Moderate Moderate Minor to Moderate Moderate Minor Minor to Moderate Moderate to Significant In process: Minor to Moderate Minor to Moderate TBD based on Board decisions in May Table 2 — Proposed Long Range Planning Projects (FY 2016-2017) Projects Brief Description Natural Hazards Population Forecast Spotted Frog Tracking System Coordinate with the Planning Commission and the BOCC to discuss implementing recommendations from the University of Oregon's Community Service Center's review of County codes and policies regarding natural hazards and mitigation Coordinate with Assessor and Administration Office to complete Portland State University, Population Research Center, 2016 Housing Unit and Population Questionnaire. Upon final rule designating critical habitat, CDD will schedule work sessions with the Planning Commission and BOCC and use a matrix to discuss options for responding to critical habitat from a land use standpoint. Maintain tracking system of Comprehensive Plan and Community/Area Plan implementation activities, updates, necessary revisions, and potential areas for new plans. HISTORIC LANDMARKS COMMISSION REVIEW Resources/Timeframe Moderate Minor Minor. to Moderate _ In process: Minor Each year, the Historic Landmarks Commission (HLC) discusses the Planning Division's Work Plan related to historic preservation. On May 2, the HLC reviewed the draft Work Plan, and generally endorsed it, which consists primarily of administering the Certified Local Governments (CLG) grant -funded projects, and recommended: • Updating the Goal 5 historic landmarks inventory, including adding structures and sites on the National Register of Historic Places to the County's Goal 5 Inventory; • Conducting an inventory of potential properties, over fifty years old, eligible for historic landmark designation; and • Additional staffing resources dedicated to the County's historic preservation program to initiate the projects above and engage in additional public outreach and education on historic preservation in general and specifically historic property designation. REQUESTED BOCC ACTION No action is requested at this time. 4 Community Development Department Annual Report and Work Plan Main Line: 541-388-6575 Fax: 541-385-1764 Website: www.deschutes.org/cd Draft mune 1, 2016 117 NW Lafayette Avenue Bend, Oregon 2 COMMISSIONS, COMMITTEES AND HEARINGS OFFICERS BOARD OF COUNTY COMMISSIONERS ADMINISTRATION Alan Unger Chair Tammy Baney, Vice Chair Tony DeBone, Commissioner Tom Anderson, County Administrator Erik Kropp, Deputy County Administrator COMMUNITY DEVELOPMENT Nick Lelack, AICP, Director DEPARTMENT STAFF Sherri Pinner, Management Analyst Kathleen Stockton, Administrative Assistant BUILDING SAFETY Randy Scheid, Building Safety Director Chris Gracia, Assistant Building Safety Official Rainer Doerge, Building Inspector III Scott Farm, Building Inspector III Owen Gilstrap, Electrical Inspector Dave Imel, Building Inspector III Steve Jensen, Plumbing Inspector Brian Moore, Building Inspector I Dan Swarthout, Building Inspector III Steve Wills, Building Inspector III Richard Wright, Building Inspector III COORDINATED SERVICES Lori Furlong, Administrative Manager Tracy Griffin, Permit Technician Judy Hackett, Lead Permit Technician Angie Havniear, Permit Technician Jennifer Lawrence, Permit Technician Lisa Petersen, Permit Technician Martha Shields, Permit Technician Laurie Worley, Permit Technician John Griley, Code Enforcement Technician Tony Laemmle, Code Enforcement Technician ENVIRONMENTAL SOILS Todd Cleveland, Environmental Health Supervisor Larry Howard, Environmental Health Specialist II PLANNING Peter Gutowsky, AICP, Planning Manager Sher Buckner, Administrative Secretary Will Groves, Senior Planner Zech Heck, Assistant Planner Caroline House, Assistant Planner Matt Martin, Associate Planner Anthony Raguine, Senior Planner Peter Russell, Senior Transportation Planner Chris Schmoyer, Associate Planner Cynthia Smidt, Associate Planner Tim Berg, GIS Analyst/Programmer CDD ANNUAL REPORT AND WORK PLAN 2016-17 COMMISSIONS, COMMITTEES AND HEARINGS OFFICERS DESCHUTES COUNTY PLANNING COMMISSIONERS DESCHUTES COUNTY HISTORIC LANDMARKS COMMISSIONERS DESCHUTES COUNTY HEARINGS OFFICERS DESCHUTES COUNTY BICYCLE & PEDESTRIAN ADVISORY COMMITTEE CDD ANNUAL REPORT AND WORK PLAN 2016-17 Steve Swisher — Sisters (Chair) Dale Crawford — Redmond (Vice Chair) Maggie Kirby — Bend Hugh Palcic — South County James Powell — Bend Susan Tunno — Redmond Vacant — At Large Chris Horting-Jones, Chair — Unincorporated Sharon Leighty, Vice Chair — Unincorporated Kelly Madden — Ex -Officio Bill Olsen — Pioneer Association Dennis Schmidling, Secretary — City of Sisters Rachel Stemach — Ex -Officio Broc Stenman — Unincorporated Ken Helm Stephanie Hicks Dan Olsen Cheryl Howard — Chair Bill Braly — Vice Chair Greg Svelund Secretary Mary Barron Chris Cassard Michelle DeSilva Scott Ferguson Wendy Holzman Scott Morgan David Olsen Rick Root Mark Smith 4 TABLE OF CONTENTS COMMUNITY DEVELOPMENT CDD Mission Statement 5 DEPARTMENT CDD Introduction 6 Overview 7 Deschutes County Mission Statement 8 CDD Performance Measures 2016-17 11 COORDINATED SERVICES Accomplishments 13 Work Plan 14 CODE ENFORCEMENT Accomplishments 15 Work Plan 16 INFORMATION SERVICES Accomplishments 17 Work Plan 18 BUILDING SAFETY Accomplishments 19 Work Plan 19 ENVIRONMENTAL SOILS Accomplishments 21 Work Plan 22 PLANNING Accomplishments 24 Work Plan 29 2015 Annual Community Involvement Report 31 STAFF DIRECTORY Directory 34 CDD ANNUAL REPORT AND WORK PLAN 2016-17 INTRODUCTION CDD Mission Statement The Community Development Department facilitates orderly growth and development in Deschutes County through coordinated programs of Planning, Environmental Soils, Building Safety, Code Enforcement education and services to the public. This Annual Report highlights the Community Development Department's 2015-16 accomplishments, the work plan for Fiscal Year 2016-17, and implements the Board's goals and objectives. CDD provides satellite office coverage in Redmond, La Pine and Sisters, as well as services at the main office in Bend. The Department consists of divisions and programs as listed below which provide coordinated planning and development services. Coordinated Services Building Safety Environmental Soils Planning Division Code Enforcement Information Services Main Office 117 NW Lafayette Ave. Bend, OR 97701 Mon., Tues., Thurs., Fri. 8-5 Wed. 9-5 Deschutes County Fair & Expo 3800 SW Airport Way Redmond, OR 97756 Thursday 8:00-4:30 (Note: This location will change to Redmond City Hall at Evergreen in mid 2016-17 La Pine City Hall 16345 Sixth Street La Pine, OR 97739 Tuesday 8:00-4:00 Sisters City Hall 520 East Cascade Ave. Sisters, OR 97759 (Hours to be determined) CDD ANNUAL REPORT AND WORK PLAN 2016-17 5 COMMUNITY DEVELOPMENT DEPARTMENT INTRODUCTION The Community Development Department (CDD) consists of four divisions, as well as code enforcement and information support services and programs, which provide coordinated planning and development services. The divisions include the following: • Administrative and Coordinated Services Division provides "front line" services at the satellite offices in Redmond and La Pine, and the main office in Bend. • Building Safety Division provides construction plan reviews, consultation and inspections to assure compliance with federal and state building codes in the rural County and cities of Sisters, La Pine, and Redmond. • Environmental Soils Division regulates on-site wastewater treatment systems (septic) and monitors environmental factors for public health and resource protection. • Planning Division is separated into two operational areas, Current Planning and Long Range Planning. Current Planning processes individual land use applications and provides information to the public on all land use related issues. Long Range Planning addresses the future needs of the community through updates to the comprehensive plan, changes to County Code and other special projects. • Code Enforcement is responsible for investigating code violation complaints to ensure compliance with each of the codes and statutes administered by CDD, and provides direct service on contract to the City of La Pine for solid waste violations. • Information Services establishes the integration of technology across all CDD divisions. Coordinates with the cities as well as provides direct service to the public via application training and support, web -based mapping, reporting services and data distribution. CDD ANNUAL REPORT AND WORK PLAN 2016-17 OVERVIEW ii!N EIPI Commercial/Residential Plan Review and Inspections Current Planning Long Range Planning Information Services Onsite Program Permit Technicians Code Enforcement FY 20172 (proposed) 'FY 16 Reserves: 2FY 17 Reserves: $1,037,652 $1,375,000 CDD ANNUAL REPORT AND WORK PLAN 2016-17 7 DESCHUTES COUNTY MISSION STATEMENT Enhancing the lives of citizens by delivering quality services in a cost-effective manner BOARD OF COUNTY COMMISSIONERS' 2016-2017 GOALS AND OBJECTIVES: Safe Communities Protect the community through planning, preparedness and delivery of coordinated services • Collaborate with County and community partners in preparing for and responding to natural and man-made disasters. • Promote public safety programs to reduce crime and repair harm. • Respond to, investigate, and prosecute criminal activity to ensure the guilty are held accountable, the innocent are protected, and the rights of all citizens are respected. • Expand and enhance public safety communication systems in coordination with all stakeholders. • Enforce County regulations to preserve rural quality of life. Healthy People Enhance and protect the health and well being of the community through advocacy, prevention, education, and delivery of coordinated services • Consider population health, wellness and multi -modal connectivity in the design and implementation of infrastructure and land use policies. • Adjust to changing health system reforms, asses and address gaps in service, and strategize regional approaches. • Provide timely and convenient access to quality health services. • Promote health and prevent disease using strategies that align with the Central Oregon Regional Health Improve- ment Plan. • Support the development of collaborative solutions related to transit options, homelessness, affordable housing, and veterans' needs. Resilient Economy Promote policies and actions that sustain and simulate economic vitality • Continue strategic capital planning and projects that strengthen the region's economy. • Partner with organizations that stimulate economic vitality. • Support land use programs and initiatives that promote economic growth and diversity, livability, and sustainabil- ity. • Support beneficial management and access policies of publicly owned facilities and natural resources to promote tourism and recreational activities. Natural Resource Stewardship Promote environmental stewardship through assessment, advocacy and collaboration • Enhance and protect air, land and water resources. • Educate the public and enforce policies regarding noxious weed control and eradication. • Support healthy and sustainable forest, habitat, and land management practices and oversight. • Restore and maintain landscapes across all jurisdictions that are resilient to fire -related disturbances in accordance with management objectives. 8 CDD ANNUAL REPORT AND WORK PLAN 2016-17 DESCHUTES COUNTY MISSION STATEMENT, CONTINUED Quality Service Delivery Provide internal and external services that are innovative and efficient • Encourage and expand opportunities for public engagement with Deschutes County government. • Provide internal support to County operations to ensure cost-effective and efficient delivery of services to the public. • Support employee wellness, development, productivity and job satisfaction. • Support and promote Deschutes County Customer Service "Every Time" standards. • Pursue cooperative opportunities to enhance service delivery and the cost-effectiveness of public services. Effective Asset Management Preserve and enhance capital and fiscal assets • Use best management practices to sustain the quality of County assets and infrastructure. • Upgrade information management systems to streamline business processes. • Maintain strategies for major funds to ensure long-term financial stability. • Address long-term building and facility capital needs including major maintenance and replacement strategies. CDD ANNUAL REPORT AND WORK PLAN 2016-17 COMMUNITY DEVELOPMENT DEPARTMENT EXECUTIVE SUMMARY FY 2016-17 WORK PLAN 11 I The most significant issue for the fourth consecutive year will be to maintain high customer service levels with sustained increased levels of development activity in the rural county and in the cities of La Pine, Sisters, and Redmond, while maintaining appropriate staffing levels across all divisions and programs to meet business demands. High priority CDD goals are reflected in the department's Goals and Performance Measures section of this work plan. CDD has historically been a fee -supported department with the exception of the Great Recession. Permit volumes have increased across all divisions and programs and, combined with new and expanded building services contracts, are resulting in revenue stabilization. CDD began restoring its reserve funds in FY 2015, continued into FY 2016, and reserve funds are projected to increase in FY 2017. Reserve funds allow CDD to provide a consistent level of high quality customer services during various economic cycles and seasons. Fee adjustments are proposed for FY 2017 based on the FY 2015-16 Comprehensive User Fee Study prepared by a consultant to ensure full cost recovery, the accurate cost of services (some fees are proposed to be increased and others reduced), and to build reserve funds. CDD's fees are proposed to increase to cover inflationary adjustments, with a few fees increasing or decreasing by larger percentages to cover the actual cost of service. In addition, the code compliance fee on building permits is proposed to increase for the first time in over a decade to cover the actual costs to administer this program. The FY 2017 budget assumes permit volumes and revenue will continue to increase across all divisions. The FY 2017 staffing increases are to add two Building Inspector III positions, one Code Enforcement Technician (limited duration), one Associate Planner (limited duration), and one Administrative Secretary position. CDD continues to reposition itself for strong long-term financial health, continuously operating more efficiently, carrying no debt, all while maintaining a tremendously positive culture and providing outstanding customer service. 10 CDD ANNUAL REPORT AND WORK PLAN 2016-17 COMMUNITY DEVELOPMENT DEPARTMENT PERFORMANCE MEASURES 2016-17 The Community Development Department's 2016-17 goals are reflected in the performance measures below. These performance measures strategically and comprehensively align all of CDD's operations with the Board of County Commissioners' (Board) 2016-17 Goals and Objectives and the County's Customer Service Standards. The performance measures address service delivery expectations from the perspective of CDD's customers; ensure the department fulfils its regulatory compliance requirements; effectively manage the organization's assets, capacities, and finances; and preserve and enhance the County as a safe, sustainable, and desirable place to live, visit, work, learn, recreate and more. 1. Achieve 85% voluntary compliance in Code Enforcement cases. 2. Resolve 75% of Code Enforcement cases within 12 months. 3. Facilitate County adoption of Bend, Redmond and Sisters UGB amendments. 4. Coordinate with the City of Bend to adopt the Bend Airport Master Plan into the County's Comprehensive Plan and amend zoning ordinance to promote economic growth and sustainability at the Airport. Coordinate with the City of Redmond to amend its UGB for a large lot industrial site and future Fairgrounds expansion. Complete the 3 -year US EPA Brownfield Assessment grant with the City of Redmond, private property owners, and Bend Parks and Recreation District to identify contaminated commercial sites and plan for redevelopment. Support and participate in the Land Conservation and Development Commission rulemaking process to address non - resource lands, if initiated. Upon rule adoption, coordinate with DLCD to develop a work plan to implement the new rules and accurately designate resource and non -resource lands in rural Deschutes County. 8. Develop a work program to audit County land use regulations to update review processes and standards to achieve County goals. 9. Coordinate with the Sunriver Owners Association (SROA) and stakeholders on a solution to conflicts between traffic on Spring River Road and those seeking to launch boats or float on the Deschutes River from Harper Bridge. 10. Coordinate with the U.S. Fish and Wildlife Service (USFWS) to protect critical habitat for the Oregon Spotted Frog, and pursue balanced land use approaches that benefit both the species and private property owners. CDD ANNUAL REPORT AND WORK PLAN 2016-17 11 COMMUNITY DEVELOPMENT DEPARTMENT PERFORMANCE MEASURES, CONTINUED 11. Convene the South County Groundwater Partnership Financial Advisory Committee to discuss funding solutions to protect groundwater quality. 12. Evaluate the University of Oregon's Community Service Center's recommendations to update the County's natural hazards and mitigation standards. 13. Expand online subscription services beyond the CDD Update to include Planning Commission and Historic Landmarks Commission agendas, Monthly CDD Statistics and Performance Measure Reports, and Hearings Officers' decisions. 14. Achieve an average of 6-10 stops at different construction job sites per day for each Building Inspector. Each stop may consist of multiple inspections. 15. Achieve an average turnaround time on building plan reviews of 8-10 days. 16. Achieve an average of 2-4 residential plan reviews per building plans examiner per day. 17. Issue all planning administrative (staff) decisions for land use actions requiring prior notice within 45 days of determination of complete application and for those that do not require prior notice, within 21 days of determination of complete application. 18. Issue new onsite septic system permits within 15 days of receiving a complete application. 19. Maintain one-stop development services shops in the La Pine and Sisters' city halls, and coordinate with the City of Redmond to establish a one-stop development services shop at Evergreen City Hall in 2017. 20. Partner with Neighborlmpact to provide financial assistance to property owners needing to upgrade their onsite wastewater treatment systems, and coordinate with DEQ to issue protective onsite wastewater treatment system permits and water quality risks and monitoring. 21. Develop and adopt reserve fund policies and targets to enable CDD to sustain consistent levels of service during various economic cycles and to inform annual fee adjustments. 12 CDD ANNUAL REPORT AND WORK PLAN 2016-17 COORDINATEDSERVICES OVERVIEW The Coordinated Services Division provides service to customers at the main office in Bend, as well as at satellite offices in Redmond, La Pine and Sisters. The Division consists of seven permit technicians and two code enforcement technicians. The goals ofthe Division areto ensure minimal wait times, provide accurate information to the public, and ensure the efficient operation ofthe front counter and coordination among all divisions. Staif also performs basic buiiding plan reviews and addressing in the rural county and City of Redmond under contract. ACCOMPLISHMENTS I. Customer service is the top priority for Coordinated Services staif and they have maintained that high level of service during the increase in activity and while training new staif. J. In coordination with Information Services (15) and lnformatfon Technology (IT), Coordinated Services continued to assess equipment used by all CDD staff to ensure that operational needs were met. The team developed project lists that will enhance service, staff efficiency and communications. Projects included: a. Providing tablets to building arid envirorimental health inspectors and code enforcement technicians in the field to provide real-time inspection results; making data available to inspectors in the field; and improving communication, photography and printing tools; b. Providing iinkages to historical documents where parcel numbers have changed; c. Creating new types of onhine permit applications; and d. Reviewing business processes and procedures and making several adjustments to accommodate and fully utilize Accela. 3. Accela a. Continued to create efficiencies using the Accela permitting software. As the software evolves and new tools become available, Deschutes County continues to be a statewide leader in offering training opportunities to our customers and regional agency partners using the software. b. Deschutes County has created an Accela ePermitting Advisory Group that will be looking at the future of State ePermitting systems and how it can best fit the needs of the jurisdictions statewide. This is both an opportunity to discuss system issues and to offer suggestions for improvements to meet Deschutes County's needs. The State has been supportive of this group and its suggestions. CDD ANNUAL REPORT AND WORK PLAN 20 6- 7 1 COORDINATED SERVICES, CONTINUED c. As part of the transition to Accela, a custom program that Coordinated Services has been using for operation and maintenance of septic systems, did not fit under the umbrella of the new system. The Information Technology Department (IT) has created a new custom program for staff to use. This will enable staff to send out timely monthly billing statements to maintenance providers, track reports that have been submitted and keep better track of those septic systems that are out of compliance. WORK PLAN 1. Coordinate and lead training for the new Accela user interface that will be introduced during the summer of 2016 for County, Sisters and Redmond staff. This new interface will be a significant change from the current interface. Deschutes County is proposed to be an early user of this new interface by the State, so this training will be critical for all staff. 2. Plan for the opening of a 2017 one-stop development services shop with the City of Redmond, and the transfer of the Sisters Building Program back to the County. 3. Continue to coordinate and conduct public outreach and education on Accela and all related elements to increase customer use of ePermitting, and encourage submittal of applications for all participating jurisdictions at any participating Community Development Department. 4. Serve on statewide ePermitting committee, participate in national Accela conference, and pursue other actions to ensure Accela meets Deschutes County's needs. 5. Perform addressing duties in rural Deschutes County and for the City of Redmond. 6. Continue to cross train permit technicians to perform simple plan reviews, and participate in statewide permit technician training programs and Central Oregon Planners Network Training. 7. Achieve 25% of all permits being submitted electronically, with the exception of Planning applications (the capability does not yet exist). 14 CDD ANNUAL REPORT AND WORK PLAN 2016-17 CODE ENFORCEMENT OVERVIEW The Code Enforcement program consists of three Code Enforcement technicians (3 FTE in 2016-2017) plus volunteers, supported by a law enforcement technician from the Sheriffs Department, management and the operating divisions. Code Enforcement is responsible for investigating code violation complaints associated with building, land use, onsite wastewater disposal and solid waste codes, with the overriding goal of achieving voluntary compliance. If necessary, Code Enforcement may issue citations for prosecution in circuit court or before a Code Enforcement hearings officer. ACCOMPLISHMENTS Code Enforcement staff successfully resolved 389 cases in 2015. Case Initiation Summary 241 254 284 290* 366 366 *317 total investigations (27 complaints were unfounded or resolved prior to case initiation (8%) 14% 26% Compliance Case Turnaround 84% 13% 3% <1% 85% 10% 5% 0 88% 6% 4% <1% 264 8% 21% 64% 86% 253 10% 22% 56% 75% 322 17% 29% 58% 80% • The number of new Code Enforcement cases increased 52% in 2015 from 2014. Staff continued to achieve an 85% voluntary compliance rate with the additional case load. • Utilization of volunteers in the proactive code enforcement program was very successful. Work performed by volun- teers directly enhanced productivity and efficiency. Volunteers review Temporary Use Permits for compliance with conditional use decisions, including the annual update of doctors' letters for medical hardships, removal of manufac- tured homes for storage permits and for living in RVs. • Coordinating with the County Weeds Program Specialist, staff extended proactive enforcement program focus to include identification of noxious weed -infested properties. CDD ANNUAL REPORT AND WORK PLAN 2016-17 15 CODE ENFORCEMENT, CONTINUED • Code Enforcement staff has successfully coordinated with the inmate work crew on a few cases in order to resolve some solid waste enforcement issues. This has been a great partnership between two County departments to resolve some difficult cases and help the homeowner to come into compliance. The County Road Department was also involved in helping to abate a property with a hazardous structure. • Developed and approved contract with the City of La Pine to provide Code Enforcement services for solid waste within City limits. WORK PLAN • Continue to utilize the inmate work crew to resolve solid waste cases where the property's owner is unable to comply with County Code due to medical issues. • Continue proactive efforts in investigation of illegal second dwellings, review temporary use permits, and follow up on replacement dwellings. • Continue to establish a relationship between CDD Code Enforcement and rural subdivision homeowners' associa- tions. Code Enforcement technicians make themselves available to speak at stakeholder meetings to share Deschutes County Code Enforcement information and operating procedures. • Participate in land use text amendment processes by providing information and insight to ensure code enforceability. • Survey other code enforcement jurisdictions and incorporate innovative practices where appropriate. This effort includes direct involvement with the Oregon Code Enforcement Association (OCEA) conference participation and networking. • Administer the Code Enforcement Volunteer Program, focusing on proactive, non -threatening case review. • With the use of new technology, Code Enforcement will strive to become a more paperless environment. • In cooperation with the Building Safety Division, participate in the development of a text amendment on the County Outdoor Lighting Ordinance. The amendment will update tables to include compact florescent lighting options. • Explore the feasibility of conducting proactive enforcement of certain types of land use permits which have conditions of approval associated with them. • Evaluate updated Code Enforcement Policy and Procedures Manual, and initiate amendments per direction from the Board. 16 CDD ANNUAL REPORT AND WORK PLAN 2016-17 INFORMATION SERVICES OVERVIEW Information Services (IS) is responsible for the development and maintenance of digital spatial databases and for providing state-of-the-art mapping and data services to local governments, citizens, and businesses. In addition, IS staff supports customer service applications, reporting services, technical support and application development. IS es- tablishes methods for deriving statistics, evaluating efficiency, and as- sisting in measuring departmental performance. IS is staffed by one GIS analyst/programmer. ACCOMPLISHMENTS • Worked with the County's database administrator to implement the use of genealogy within Accela and DIAL, allowing reverse chronological research of parcel changes. • Established meaningful performance measures using database programming and custom report writing to measure volume and capacity of department. • Performed statistical analysis and designed custom databases in support of CDD's User Fee Study conducted by Capital Accounting Partners. • Developed web -based building permit and land use application query program for customers to use on the department's public internet site. • Assisted department staff with custom maps and exhibits. • Provided software support and training for department's electronic plan view process. • Developed automated scripts to upload current address, parcel, owner, zoning and jurisdiction —based attribute data into Accela on a weekly basis. • Enabled document template management through Laserfiche. Enabled editing of historic document templates to relate directly with the tax lot displayed in DIAL. • Provided data and GIS mapping to the general public. • Updated and maintained the CDD website. • Provided technical support, including mapping and analysis to the cities of Bend, La Pine, Sisters and Redmond for future Urban Growth Boundary (UGB)/ Urban Reserve Area (URA) expansions. CDD ANNUAL REPORT AND WORK PLAN 2016-17 17 INFORMATION SERVICES WORK PLAN • Manage the administration of department's permitting software, resolve system software problems. • Establish and maintain the department's information technology strategic plan. • Analyze application performance to ensure it is meeting availability and performance objectives. • Establish, design and maintain databases and related files. Ensure database quality, integrity and performance. • Perform database programming and custom report writing to measure volume and capacity of department. • Assist department with strategic planning, system analysis and improvement as well as reporting and forecasting. • Monitor departmental performance measures. • Perform statistical analysis and technical support for dissemination to the public. • Assist the CDD Director in evaluating, assessing and implementing appropriate technologies. Work closely with the County's IT department on system business and technology. • Design information flows, develop automated scripting routines to enhance and support core department software applications as well as support of other County applications (DIAL). • Work with end users to translate functional needs into technical specifications. • Perform advanced spatial analysis using geographic information systems software to create maps, statistics, reports and databases. • Provide assistance, support and guidance to other GIS staff members and users. • Maintain and update the department's Microsoft Sharepoint Intranet. • Maintain and update web content for department. • Expand on-line subscription services beyond the CDD Update to include Planning Commission and Historic Landmarks Commission agendas, Monthly CDD Statistics and Performance Measure Reports, and Hearings Officers' decisions • Provide support, training and oversight for other department users of web content management system. • Provide technical support and training to staff for all computer systems and peripherals. • Perform remote support of department's desktop computers. • Develop and maintain GIS/web applications deployed using ArcGIS online. 18 CDD ANNUAL REPORT AND WORK PLAN 2016-17 BUILDING SAFETY OVERVIEW The Building Safety Division provides construction plan reviews, consultation and inspections to assure compliance with state statutes, state building codes and national standards. The Building Safety Division interprets and enforces the state -mandated building codes through a process of education and a clear and fair application of the specialty codes. The Division provides all of these services throughout the rural county, the Cities of La Pine and Sisters, to the City of Redmond through an Intergovernmental Agreement, and various services to Lake, Jefferson, Klamath and Crook counties, the City of Bend and the State of Oregon Building Codes Division on an as -needed basis. The Division consists of the Building Safety Official, Assistant Building Safety Official, and ten building inspectors (eight existing, two new). ACCOMPLISHMENTS • Issued 415 single family dwelling permits in 2015 for Deschutes County. • Enhanced Accela capabilities for inspection scheduling and recording, such as using thermal printers for iPads in the field to greatly improve and streamline inspection reporting functions. The Division has also implemented the use of Accela in the City of Sisters. • Reconsolidated all inspectors back into the Bend office for greater communication and consistency. • Provided building services to the City of Sisters for the third year of a three-year contract, and continued to provide building services to the City of Redmond. • Exceeded the state -mandated turnaround time on plan reviews during a notable increase in permit activity. • Continued to coordinate pre-construction/pre-design meetings to facilitate an improved plan review process for both Deschutes County and the City of Sisters. • Participated in state -mandated classes for the continuing education of certified inspectors and local design professionals, and continued to cross train staff to perform multiple inspections on each site visit. The majority of inspectors now have all four residential certifications. The two remaining inspectors are in the process of completing their cross training certifications. WORK PLAN • The Division will continue to provide full service to all of its customers through the plan review and inspection process, including in the Cities of Sisters and La Pine. • Finalize the Sisters building services contact. Staff will continue to work with City staff, emphasizing educational opportunities for owners and builders and developing a streamlined and efficient permitting system. Contacts and communication channels that have been developed with Sisters' divisions will continue to be strengthened and engaged as the County provides building permit services. CDD ANNUAL REPORT AND WORK PLAN 2016-17 19 BUILDING SAFETY, CONTINUED • Two inspectors will complete state -provided classes for specialized electrical inspector certification, and one inspector will also complete specialized plumbing inspector certification training. Completion of the program and successful testing will allow these inspectors to perform limited commercial electrical inspections and limited commercial plumbing inspections. • Continue monthly meetings with Central Oregon Builders Association and Central Oregon Association of Realtors. These meetings benefit both the builders and our staff - feedback from the builders is valuable to CDD as inspection processes are continuously improved. • Implement state codes as they are adopted. • Staff will participate in the development of training opportunities for the inspectors and plan reviewers. These functions typically also involve local design professionals and contractors. • Continue to review and refine the process for determining agricultural and equine exemptions with the goal of all exemptions meeting the requirements of ORS 455.315. • Achieve an average of 6-10 stops at different construction job sites per day for each Building Inspector. Each stop may consist of multiple inspections. • Achieve an average turnaround time on building plan reviews of 8-10 days. • Achieve an average of 2-4 residential plan reviews per building plans examiner per day. 20 CDD ANNUAL REPORT AND WORK PLAN 2016-17 ENVIRONMENTAL SOILS OVERVIEW The Environmental Soils Division provides site evaluations, design review and inspection of on-site wastewater treatment and dispersal systems as an agent of Oregon Department of Environmental Quality. Staff inspects sewage pumper trucks, reports on condition of existing wastewater systems, maintains an operations and maintenance tracking system, provides the public with information on wastewater treatment systems and regulations, and investigates sewage hazards. Staff are also engaged in the proactive pursuit of protection of the groundwater in southern Deschutes County and other sensitive areas. The Division is staffed by one Environmental Health Supervisor, one Environmental Health Specialist, one half FTE permit technician and one on-call inspector. In 2015, the Division: ACCOMPLISHMENTS • Assessed 172 sites for onsite wastewater treatment and dispersal systems, up approximately 20% from 2014, and issued 996 permits and authorizations for new and existing onsite treatment and dispersal systems, up 6% from 2014. Applications included more complex and technical procedures compared to recent previous years. • Regularly coordinated with Department of Environmental Quality (DEQ), including the hydrologist in the Western Region office, to determine the circumstances in South County requiring protective onsite wastewater systems. Staff continued to support and work with DEQ staff on South Deschutes/Northern Klamath Groundwater Protection Steering Committee recommendations. • Continued coordination with the Deschutes County/Neighborlmpact Loan Partnership program that provides financial assistance to South County property owners when a nitrogen -reducing ATT system is required to repair a failing onsite system. • Provided nine property owners in South County with rebates of $3,750 per property for upgrading conventional onsite systems to nitrogen reducing pollution reduction systems. • Coordinated with the City of Bend to assess sites eligible for onsite wastewater treatment and dispersal systems due to their distances from a sewer collection facility. • Hired and trained a new Environmental Health Specialist working on the onsite program. CDD ANNUAL REPORT AND WORK PLAN 2016-17 21 ENVIRONMENTAL SOILS, CONTINUED WORK PLAN • The Environmental Soils Division will continue to maintain or exceed service level goals and permit application processing time for site evaluations, design review and inspection of onsite wastewater treatment and dispersal systems. • Issue new onsite septic system permits within 15 days of receiving a complete application. • Staff will prioritize addressing sewage health hazards and protecting public health and the environment. • Staff will continue working with the DEQ on permitting protective onsite wastewater systems in South Deschutes County. • Participate in a possible Goal 11 pilot project for community sewer in the rural area of South Deschutes County. • Provide financial assistance opportunities where needed and appropriate to assist South Deschutes County property owners who do not qualify for conventional loans to upgrade conventional onsite systems to nitrogen reducing pollution reduction systems (Nitrogen Reducing System Rebates and the Neighborlmpact Non -Conforming Loan partnership). • Consider convening the South County Groundwater Partnership Financial Advisory Committee to discuss funding solutions to protect groundwater quality. • Participate on the City of Bend stormwater public advisory technical committee. 22 • Maintain and update the South Deschutes County Groundwater Protection Annual Report. • Assess staffing needs to maintain service levels based on workloads. • Update Operation and Maintenance reporting, tracking, and electronic invoicing system as required by DEQ. Diversify and train additional staff to work the operation and maintenance program. • Update County Code Chapter 13.08 to be consistent with contemporary rules and requirements. • Update the DEQ contract for the Onsite Wastewater Treatment System Program to be more consistent with current rules and requirements (current contract dates from 1981). • Update County Code Chapter 13.08 to be consistent with contemporary rules and requirements. • Update the DEQ contract for the Onsite Wastewater Treatment System Program to be more consistent with current rules and requirements (current contract dates from 1981). CDD ANNUAL REPORT AND WORK PLAN 2016-17 PLANNING OVERVIEW The Planning Division is divided into two operational areas: Current Planning and Long Range Planning. The Division consists of 12 employees: a Community Development/Planning Director, one Planning Manager, two Senior Planners, one Senior Transportation Planner, an Information Systems programmer/analyst, three Associate Planners, two Assistant Planners, and an Administrative Secretary. Development Services is responsible for reviewing land use applications for compliance with Deschutes County Code (DCC) and state law, including zoning, subdivision and development regulations, and facilitating public hearings with hearings officers and the BOCC. Staff is also responsible for verifying compliance with land use rules for building permit applications and septic permits; coordinating with Code Enforcement to respond to complaints and monitor conditions of approval for land use permits; performing road naming duties and assisting with addressing; and providing assistance at the public information counter, over the telephone and via email. Long -Range Planning is responsible for planning for the future of Deschutes County, including developing and implementing land use policy with the BOCC, Planning Commission, community and partner organizations. It is in charge of updating the County Comprehensive Plan and zoning regulations, coordinating with cities and agencies on various planning projects taking place in the region, including population forecasts with Portland State University and cities. Staff also monitors and participates in annual legislative sessions, and serves on numerous local, regional and statewide committees primarily focusing on transportation, natural resources, growth management and economic development. Three specific disciplines support both Current and Long -Range planning, including transportation, wetlands/floodplains, and Information Systems, covered separately in this Work Plan. Transportation Planning provides comments and expertise on land use applications, calculates System Development Charges (SDC's) as part of land use application review process or upon request; provides comments to the County's Risk Management Department regarding traffic issues for permitted events; participates in the annual County Capital Improvement Plan (CIP) process with the Road Department; applies for grants for enhanced bicycle and pedestrian facilities in coordination with the Bicycle and Pedestrian Advisory Committee (BPAC); participates in Oregon Department of Transportation (ODOT) funded refinement planning; coordinates road issues with Bureau of Land Management (BLM) and the United States Forest Service (USFS) for urban interface plans; and serves on several local and regional transportation committees, most notably BPAC, the Bend Metropolitan Planning Organization Technical Advisory Committee, and Central Oregon Area Commission on Transportation (COACT) Technical Advisory Committee. CDD ANNUAL REPORT AND WORK PLAN 2016-17 23 PLANNING, CONTINUED Floodplain and Wetlands Planning is responsible for providing comments and expertise on land use applications, code enforcement, and general property inquiries that require development, fill, or removal in mapped floodplain and wetlands. Staff maintains certification as an Association of State Floodplain Managers (ASFPM) Certified Floodplain Manager to provide customers with up-to-date and accurate information regarding FEMA regulations, surveying requirements, and construction requirements. Coordination is frequently required with external agencies including FEMA, US Army Corps of Engineers, Oregon Department of State Lands, Oregon Department of Fish and Wildlife, and the US Forest Service. ACCOMPLISHMENTS Applications • Received 663 land use applications in 2015, compared with 517 applications for 2014 (28% increase). Nineteen were reviewed by hearings officers in 2015, compared to 9 in 2014. • The highest volume applications were landscape management reviews (136), conditional use permits (95), property line adjustments (60), temporary uses (50), permit sign -offs (43),and site plans (36). 24 Land Use Board of Appeals • There were eight appeals filed with the Land Use Board of Appeals in 2015. This compares with four appeals in 2014. Applicant -Initiated Comprehensive Plan and Zoning Text Amendments • Text amendment addressing Eagle Crest's overnight lodging requirements; • Plan amendment, zone change, and Goal 14 exception changing Exclusive Farm Use zoning to Rural Industrial for property at Deschutes Junction; • Plan amendment to designate a one -mile segment of the Pilot Butte Canal as a historic resource; • Plan amendment and zone change in Tumalo changing Tumalo Residential 5 -Acre Minimum to Tumalo Industrial; and, • LUBA remand to initiate a plan amendment for property near Millican adding to the Goal 5 surface mining inventory of mineral and aggregate resources and a zone change from Exclusive Farm Use to Surface Mining. Non -Farm Dwellings • Processed 28 nonfarm dwelling applications in 2015, compared with 19 for 2014, a 47% increase. CDD ANNUAL REPORT AND WORK PLAN 2016-17 PLANNING, CONTINUED ACCOMPLISHMENTS, CONTINUED Prominent Applications • Noteworthy land use applications in 2015 included three solar photovoltaic systems, a cluster development at Lower Bridge, private park for weddings, an irrigation reservoir and water ski lake west of Shevlin Park, Caldera Springs destination resort expansion, Riley Ranch Nature Preserve, Cascade Academy expansion, Thornburgh Resort's Final Master Plan remand, and an event and wedding pavilion at Tetherow Resort. CDD ANNUAL REPORT AND WORK PLAN 2016-17 Subdivision Plats • Five tentative subdivision plats creating a total of 105 residential lots were submitted in 2015. Eleven plats were recorded. In 2014, 11 tentative subdivision plats were submitted creating a total 166 residential lots. Six plats were recorded. Certified Local Government Grant • Staff is administering an 18 -month $13,000 Certified Local Government (CLG) Grant from the State Historic Preservation Office to assist with implementing historic preservation programs. The grant period runs from March 2015 to August 2016. U.S. EPA Brownfield Community -Wide Assessment Grant • The Planning Division is in the final year of administering a 3 -year $400,000 U.S. Environmental Protection Agency (US EPA) Community- wide Brownfield Assessment Grant. The grant ends in September 2016. Proceeds from the grant enabled the County to complete five Phase 1 and three Phase II Environmental Site Assessments (ESAs). A fourth Phase II ESA is currently being performed for the Bend Park and Recreation District to examine Mirror Pond sedimentation. The Brownfield grant also dedicated $90,000 for Area Wide Planning (AWP) for the City of Redmond. The Mid -Town area of Redmond's downtown was the beneficiary of research, technical assistance and training to revitalize key brownfield sites. The timing and readiness to utilize AWP funding offered extraordinary advantages for the City of Redmond. It dovetailed with their existing efforts to revitalize the area, including an urban renewal district, market analysis, and recently completed housing study. Code Enforcement Task Force and Text Amendments • Planning staff convened a group of stakeholders to explore whether consensus could be achieved on a conceptual text amendment to prohibit the issuance of permits for properties in violation of County Code or a prior land use decision. Staff initiated amendment and after public hearings before the Planning Commission and the Board, County Commissioners adopted them in December. 25 PLANNING, CONTINUED i,eu.i,11,eiAbonyou.uau1v11.11.51.m in11 14.111uL4nan1111.1,ud1111,11 40,11,duJlYlui. ACCOMPLISHMENTS, CONTINUED Sage Grouse • On September 22, 2015, the U.S. Fish and Wildlife Service determined federal land management plans and partnerships with states, ranchers, and NGO's avert an endangered species listing for sage grouse. On the same day, the Bureau of Land Management (BLM) and the U.S. Forest Service (USFS) issued Records of Decisions finalizing land use plans that will conserve key sagebrush habitat and address identified threats to the greater sage -grouse on federal land. The Oregon Land Conservation and Development Commission (LCDC) adopted new rules last summer addressing potential conflicts between "large-scale development" and sage grouse habitat. Their rules became effective in August. State law, ORS 197.646(3) requires Deschutes County to implement them. After public hearings before the Planning Commission and the Board, County Commissioners adopted comprehensive plan and zoning text amendments in December to protect sage -grouse habitat on non-federal lands near Millican, Brothers, and Hampton. They are consistent with LCDC's new rules. 26 Statewide Planning Goal 11 Exception • The Planning Division, in coordination with the Oregon Department of Environmental Quality (DEQ) and Department of Land Conservation and Development (DLCD) initiated a Goal 11 Exception in June that would allow sewers in rural Southern Deschutes County to address nitrates in shallow groundwater. The Planning Commission and Board held public hearings from August 2015 to January 2016. Medical Marijuana Dispensaries • In January 2015, the Board directed staff to draft a text amendment regulating medical marijuana dispensaries, prior to the statewide ban expiring on May 1. After public hearings before the Planning Commission and the Board, County Commissioners adopted amendments in April 2015. Medical & Recreational Marijuana Regulations • From August through September, the Planning Commission and Board held work sessions and public hearings to consider opting out or preparing regulations addressing where and how marijuana businesses may operate in the unincorporated areas of Deschutes County. On December 21, the Board voted unanimously to temporarily ban marijuana businesses, including medical marijuana dispensaries. A citizen advisory committee was formed in January to provide further input to the Board. CDD ANNUAL REPORT AND WORK PLAN 2016-17 PLANNING, CONTINUED ACCOMPLISHMENTS, CONTINUED Harper Bridge • Planning staff continues to coordinate with the Sunriver Owners Association (SROA) and Oregon Marine Board (OMB) on a solution to conflicts between traffic on Spring River Road and those seeking to launch boats or float on the Deschutes River from Harper Bridge. CDD ANNUAL REPORT AND WORK PLAN 2016-17 Housekeeping Amendments Planning staff initiated a package of text amendments to incorporate changes in state law into the zoning code. In addition, "housekeeping" amendments were also adopted to correct scrivener errors and provide additional clarification to existing regulations and the Comprehensive Plan. After public hearings before the Planning Commission and the Board, County Commissioners adopted them in December. Natural Hazards Goal 7 Plan The University of Oregon's Community Service Center (CSC) reviewed County codes and policies regarding natural hazards and mitigation and conducted a national review of other jurisdictions' codes and policies to gauge whether some may be suitable for the County to adopt as well as identifying best practices and model ordinances. CSC's work concluded in May with a report to the Board. The presentation concentrated on wildfires and floods. CSC issued its report in June with final recommendations for how County land use codes, policies, and processes could be modified to lessen the risks of wildfires and flooding during the land use development process. No Shooting Zone • Planning staff coordinated with City of Redmond, and Redmond Parks and Recreation Department to propose a No Shooting District on lands the three entities own or control north of OR 126 between Redmond and Bureau of Land Management (BLM) property. The proposed no shooting district is intended to lessen the risks to persons and property recreating on the Redmond Park and Rec trail system on the County's land and to those customers of the Negus Transfer Station. After holding a public hearing, the Board adopted the East Redmond Firearms Discharge Restricted Area in August. City of Bend Airport Master Plan • Planning staff continues to coordinate with the City regarding a land use application to amend the County's Comprehensive Plan, Transportation System Plan, and Title 18 of the Airport Development Zone to implement the Bend Airport Master Plan. 27 PLANNING, CONTINUED ACCOMPLISHMENTS, CONTINUED City of Bend Urban Growth Boundary Expansion • Planning staff continues to coordinate with City regarding UGB expansion and amendments to the County's Comprehensive Plan, Transportation System Plan, and tTtle 19, Bend Urban Area Ordinance. Oregon Spotted Frog • Planning staff continues to coordinate with the U.S. Fish and Wildlife Service (USFWS). In 2014, USFWS extended protection to the Oregon spotted frog as a threatened species under the federal Endangered Species Act. The final rule designating critical habitat is forthcoming. 28 CDD ANNUAL REPORT AND WORK PLAN 2016-17 PLANNING, CONTINUED WORK PLAN Development Review • Issue all planning administrative (staff) decisions for land use actions requiring prior notice within 45 days of determination of complete application and for those that do not require prior notice, within 21 days of determination of complete application. • Maintain tracking systems on destination resort reporting requirements and obligations, such as improvement agreements and residential -to -overnight accommodation ratios. • Assist GIS staff regarding the Local Update of Census Addressing and annual annexation updates. CDD ANNUAL REPORT AND WORK PLAN 2016-17 CLG Grant • Administer a CLG Grant from the State Historic Preservation Office. Grant ends August, 2016. Reapply in February, 2017 for the 2017-18 period and implement new projects. U.S. EPA Brownfield Grant • Complete the administration of the U.S. EPA Community -Wide Brownfield Assessment Grant. Grant ends September, 2016. Community Plans • Engage Tumalo and Terrebonne residents to determine if community goals and policies meet the current and future needs of the area. Floodplain • Monitor and participate in state -led process to address the effects of the U.S. District Court decisions related to the ESA and floodplain development. Initiate legislative amendments changing the floodplain zone to a combining zone. Housekeeping and Legislative Amendments • Initiate housekeeping and legislative text amendments. Natural Hazards • Coordinate with the Planning Commission and the Board to discuss implementing recommendations from the University of Oregon's Community Service Center's review of County codes and policies regarding natural hazards and mitigation. Marijuana Regulations • TBD based on Board actions in May 2016. Tracking System • Maintain tracking system of Comprehensive Plan and Community/ Area Plan implementation activities, updates, necessary revisions, and potential areas for new plans. 29 PLANNING, CONTINUED WORK PLAN, CONTINUED Bend Airport Master Plan • Coordinate with the City of Bend to adopt the Bend Airport Master Plan (BAMP) Update into the Comprehensive Plan and if necessary, the zoning code. 30 City of Bend Growth Management • Coordinate with the City of Bend to complete the UGB amendment. Central Oregon Large -Lot Industrial Project • Coordinate with the City of Redmond and Oregon Department of State Lands to initiate a UGB amendment for a regional large -lot industrial campus. Harper Bridge • Continue to participate with the Sunriver Homeowners Association to develop solutions for safe access to the Deschutes River at or near Harper Bridge. Oregon Spotted Frog • Coordinate with the U.S. Fish and Wildlife Service (USFWS). The final rule designating critical habitat from a land use standpoint. DLCD Nonresource Lands Project • Participate in Phase 1 of DLCD's nonresource lands project to evaluate conservation and development issues surrounding lands that do not require protection under Goals 3 (agriculture) or 4 (forest), and support LCDC rulemaking. Code Audit Work Program • Develop a work program to audit land use regulations to update review processes and standards to achieve County goals. Public Engagement • Expand on-line subscription services beyond the CDD Update to include Planning Commission and Historic Landmarks Commission agendas, Monthly CDD Statistics and Performance Measure Reports, and Hearings Officer decisions. Population Forecast • Coordinate with Assessor and Administration Office to complete Portland State University, Population Research Center, 2016 Housing Unit and Population Questionnaire. Legislative Session • Participate in and monitor the 2017 legislative session, committee and work groups regarding Board planning priorities. CDD ANNUAL REPORT AND WORK PLAN 2016-17 2015 DESCHUTES COUNTY COMMUNITY INVOLVEMENT REPORT BACKGROUND 2015 COMMUNITY INVOLVEMENT ACCOMPLISHMENTS CURRENT PLANNING CDD ANNUAL REPORT AND WORK PLAN 2016-17 Statewide Planning Goal 1, Citizen Involvement, requires cities and counties to create a citizen involvement program that provides opportunities for community participation in land use planning processes and decisions. Land use legislation, policies and implementation measures made by Oregonians over 40 years ago helped shape Oregon's urban and rural environments. Likewise, choices made today will ultimately shape these areas in the future. Successful land use planning occurs through an open and public process that provides room for information gathering, analysis and vigorous debate. Deschutes County's Community Involvement program is defined in Section 1.2 of the Comprehensive Plan. This chapter identifies the County Planning Commission as the committee for citizen involvement. It also contains the County's Community Involvement goal and corresponding five policies that comply with Goal 1. This report briefly discusses the noteworthy community involvement actions undertaken by the Planning Division in 2015. The report is intended to provide county residents and stakeholders with a tool to assess its effectiveness and offer additional suggestions the County can utilize to ensure that its diverse communities remain actively involved in land use planning discussions. Administering the zoning code requires the Current Planning Section to processes individual land use applications, zoning review and sign -off for building and septic permits. Current planners maintain legally prescribed turnaround times on land use applications (150 -days) and provide customer service through assistance at the front counter, phone conversations, and appointments. Phone messages are returned within 24 hours. Monthly Update In 2014, CDD utilized the County's website as a primary tool of public communication and information for public meetings; pending land use applications; long-range planning projects; posting the CDD Update; and providing links to current and past BOCC and Planning Commission meetings. In addition, CDD coordinated with the County's Communications Director to publish press releases and announce new documents, etc. on the County's Facebook page. CDD also coordinates with the Information Technology Department to create a one-stop shop in DIAL 2 for all County property, development/permits, assessor records, and interactive mapping. DIAL 2 increases access, simplifies, and consolidates information in one place for the benefit of the general public. 31 2015 DESCHUTES COUNTY COMMUNITY INVOLVEMENT REPORT, CONTINUED 32 Website, Facebook and DIAL 2 In 2014, CDD utilized the County's website as a primary tool of public communication and information for public meetings; pending land use applications; long-range planning projects; posting the CDD Update; and providing links to current and past BOCC and Planning Commission meetings. In addition, CDD coordinated with the County's Communications Director to publish press releases and announce new documents, etc. on the County's Facebook page. CDD also coordinates with the Information Technology Department to create a one-stop shop in DIAL 2 for all County property, development/permits, assessor records, and interactive mapping. DIAL 2 increases access, simplifies, and consolidates information in one place for the benefit of the general public. Marijuana Regulations On March 17, 2014, the BOCC adopted Ordinance No. 2014-008 establishing a moratorium on the operation of any marijuana dispensary in any area subject to the jurisdiction of Deschutes County. This ordinance included a sunset clause resulting in the repeal of the ordinance on May 1, 2015. In anticipation of this repeal, CDD initiated amendments to the Deschutes County Code (DCC) to define, permit, and establish standards for medical marijuana dispensaries. A public hearing before the Planning Commission was held on March 12, with recommendations forwarded to the BOCC. The BOCC approved the proposed amendments in May with changes that include not permitting dispensaries in the Exclusive Farm Use zone, limiting the hours of operation to 10am-7pm, and requiring dispensaries converting to recreational marijuana sales to receive site plan review approval. On August 12 the BOCC held a public hearing to receive testimony regarding whether or not to "opt out" of marijuana land uses, as permitted by HB 3400, by establishing a temporary moratorium. The BOCC deliberated on August 17 and chose not to opt out of any uses at that time in favor of exploring regulations of marijuana land uses. The Planning Commission conducted public hearings on November 5 and 12 to take testimony on amendments to DCC to regulate marijuana businesses in unincorporated areas. Planning Commission The Deschutes County Planning Commission held 17 meetings in 2015 discussing an assortment of issues, including: • Agricultural Lands • Code Enforcement Amendments • Eagle Crest Text Amendments (overnight lodging) • Goal 11 Exception for Southern Deschutes County • HB 2229 (Big Look Bill) • Housekeeping Amendments CDD ANNUAL REPORT AND WORK PLAN 2016-17 2015 DESCHUTES COUNTY COMMUNITY INVOLVEMENT REPORT, CONTINUED • LCDC Rule Making for Sage -Grouse • Marijuana Regulations • Medical Marijuana Dispensaries • Natural Hazards (Wildfire and Flooding) • Planning Commission Training (public meetings and records) • Riley Ranch Reserve Conditional Use / Site Plan Approval • Sage Grouse Amendments CDD ANNUAL REPORT AND WORK PLAN 2016-17 33 NAME Nick Lelack Tim Berg Sher Buckner Todd Cleveland Rainer Doerge Scott Farm Lori Furlong Owen Gilstrap Chris Gracia Tracy Griffin John Griley William Groves Peter Gutowsky Judy Hackett Angie Havniear Zech Heck Caroline House ( Larry Howard Dave !mel Steven Jensen Anthony Laemmle Jennifer Lawrence Matt Martin Brian Moore Lisa Petersen Sherri Pinner Anthony Raguine Peter Russell Randy Scheid Martha Shields Chris Schmoyer Cynthia Smidt Kathleen Stockton Dan Swarthout Chris Tiboni Steve Wills Laurie Worley Richard Wright 34 STAFF DIRECTORY TITLE Director GIS Analyst/Programmer Administrative Secretary I Environmental Health Supervisor Building Inspector III Building Inspector III i Administrative Manager Building Inspector III—Electrical Assistant Building Official Permit Technician Code Enforcement Technician Senior Planner Planning Manager Lead Permit Technician Permit Technician Assistant Planner Assistant Planner Environmental Health Specialist II Building Inspector III Building Inspector III—Plumbing Code Enforcement Technician I Permit Technician Associate Planner Building Inspector I Permit Technician Management Analyst Senior Planner Senior Transportation Planner Building Safety Director Permit Technician Associate Planner Associate Planner Administrative Assistant Building Inspector III Code Enforcement Technician Building Inspector III Permit Technician Building Inspector III PHONE (541) 385-1708 (541) 330-4648 (541) 617-4736 (541) 617-4714 (541) 385-1702 (541) 385-1402 ° (541) 317-3122 (541) 388-6614 - (541) 388-6578 (541) 388-6573 (541) 617-4708 f (541) 388-6518 j (541) 385-1709 (541) 385-1713 (541) 330-4611 (541) 385-1704 1(541) 317-3148 (541) 330-4666 (541) 385-1701 (541) 385-1700 (541) 385-1707 (541) 385-1405 (541) 330-4620 (541) 323-5221 (541) 317-3188 (541) 617-4739 (541) 383-6718 (541) 317-3137 (541) 385-1706 (541) 317-3164 (541) 317-3150 (541) 317-3193 (541) 385-1745 (541) 383-4397 (541) 322-7181 (541) 388-6577 (541) 617-4746 EMAIL Nick.Lelack@deschutes.org Tim.Berg@deschutes.org Sher.Buckner@deschutes.org Todd.Cleveland@deschutes.org Rainer.Doerge@deschutes.org Scott.Farm@deschutes.org Lori.Furlong@deschutes.org Owen.Gilstrap@deschutes.org Chris.Gracia@deschutes.org Tracy.Griffin@deschutes.org John.Griley@deschutes.org William.Groves@deschutes.org Peter.Gutowsky@deschutes.org Judy.Hackett@deschutes.org Angela.Havniear@deschutes.org Zechariah.Heck@deschutes.org Caroline.House@deschutes.org Larry.Howard@deschutes.org David.lmel@deschutes.org StevenJensen@deschutes.org Anthony.Laemmle@deschutes.org Jennifer.L.Lawrence@deschutes.org Matt.Martin@deschutes.org Brian.Moore@deschutes.org Lisa.Petersen@deschutes.org Sherri.Pinner@deschutes.org Anthony.Raguine@deschutes.org Peter.Russell@deschutes.org Randy.Scheid@deschutes.org Martha.Shields@deschutes.org Chris.Schmoyer@deschutes.org Cynthia.Smidt@deschutes.org 1Kathleen.Stockton@deschutes.org Dan.Swarthout@deschutes.org 1Christopher.Tiboni@deschutes.org Steve.Wills@deschutes.org Laurie.Worley@deschutes.org I Richard.Wright@deschutes.org CDD ANNUAL REPORT AND WORK PLAN 2016-17 DATE: TO: June 3, 2016 Community Development Department Planning Division Building Safety Division Environmental Soils Division P.0. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www,co.deschutes.or.us/cdd/ Board of County Commissioners FROM: Nick Lelack, AICP, Director Peter Gutowsky, AICP, Planning Manager RE: Pronghorn Improvement Agreement Amendment The draft Improvement Agreement Amendment (IAA) relates to the construction and security of the required improvements for Pronghorn Destination Resort which are comprised of 104 overnight lodging units. Pursuant to the 2012 Improvement Agreement (Document No. 2012- 671), the required improvements were to be constructed in two phases. Pursuant to County file No. 247 -16 -000164 -MC (a Site Plan Modification), Pronghorn Intangibles has sought site plan approval to construct the required improvements in one phase. The construction timeline will commence within 30 days of receipt of building permit. The certificate of occupancy deadline is November 30, 2017. In addition, Pronghorn Intangibles LCC will provide the County with a $2.5 million dollar bond to offer additional protections for the County, given the difference between the funds held by the County and the total cost of construction, including soft costs. The Board of County Commissioners will formally consider the IAA at their regular meeting on Monday, June 20, 2016. Attachments: 1. Draft IAA 2. Huntington Lodge Drawings 3. Financial Security Summary Quality Services Performed with Pride REVIEWED LEGAL COUNSEL For Recording Stamp Only After Recording Return to: Deschutes County Community Development Department 117 NW Lafayette Street Bend, OR 97703 AMENDMENT TO 2012 AMENDMENT TO IMPROVEMENT AGREEMENT Deschutes County Document No. 2016 - (Overnight Lodging) This Amendment to 2012 Amendment to Improvement Agreement ("Agreement"), relating to the construction and installation of Required Improvements (as defined herein) to be constructed in the Pronghorn Destination Resort, hereinafter referred to as "Resort," as required in the conditions of approval identified in: SP -02-49, Site Plan for visitor -oriented lodging, eating and meeting facilities; SP -08-2, Site Plan for hotel, extended by E-10-15; and SP -08-4, Site Plan for hotel, extended by E-10-14; By and between DESCHUTES COUNTY, OREGON, a political subdivision of the State of Oregon, hereinafter referred to as "County" and PRONGHORN INTANGIBLES LLC, a Hawaii limited liability company ("Owner"), as owner of Resort's Hotel Site A, and Hotel Site B (collectively "Future Development Sites", defined herein) and signify agreement to this Agreement by signing below. This Agreement is effective upon signature of all parties. RECITALS: A. Whereas, Owner and County are parties to that certain 2012 Amendment to Improvement Agreement, Deschutes County Document No. 2012-671 (Overnight Lodging) recorded in the official records of Deschutes County, Oregon at 2013-00494 (the "Improvement Agreement"). B. The Improvement Agreement relates to the construction and security for the construction of the Required Improvements (as defined in the Improvement Agreement), which are comprised of 104 overnight lodging units. Pursuant to the Improvement Agreement, the Required Improvements were to be constructed in two phases, known as Phase 1 and Phase 2. {00061460;4} C. Pursuant to County File No. 247 -16 -000164 -MC (the "Site Plan Modification"), Owner has sought site plan approval to construct the Required Improvements in one Phase. D. Owner has requested that an amendment to the Improvement Agreement to reflect the change in phasing, and County has agreed. NOW THEREFORE, AGREEMENT IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES above mentioned, for and in consideration of the mutual promises hereinafter stated, as follows: 1. Amendment Conditioned Upon Site Plan Modification. The parties agree that despite the execution of this Agreement, it shall not become effective unless and until such time as the County Planning Department has issued the Site Plan Modification. 2. Recitals/Definitions. The Recitals to this Agreement set forth above are hereby incorporated herein as if fully set out, shall constitute contractual provisions and are not mere recitals. Capitalized terms used without definition herein shall have the meaning given them in the Improvement Agreement. 3. Real Property Description. The real property subject to this Agreement is described in the Improvement Agreement. 4. Exhibits. The exhibits listed below and attached to this Agreement are hereby incorporated herein by reference: 4.1 estimate. Exhibit A - Depiction and Plans for Required Improvements, including cost 4.2 Exhibit B - Deschutes County Site Plan approval, File No. 5. Phase Consolidation/Timeline for Construction of Required Improvements. 5.1 The Improvement Agreement is hereby modified to provide that Phases 1 and 2 are hereby consolidated. All references to Phase 1 are hereby amended to include Phase 2, and all references to Phase 2 are hereby deleted. 5.2 Section 5.4 of the Improvement Agreement is hereby amended and restated in its entirety as follows, and the balance of the Improvement Agreement is hereby amended to the extent necessary to conform to the following: {00061460;4} Construction Phase Commencement Deadline Within 30 days of receipt of Building permit Completion of Foundation, September 30, 2016 installation of electrical/plumbing chases/utilities within in building Completion of framing for December 31, 2016 building Completion of installation of mechanical, electrical and plumbing infrastructure throughout building April 17, 2017 Certificate of Occupancy Granted November 30, 2017 As the timeline depicted above (the "Timeline") demonstrates, Owner shall cause the Required Improvements to be designed, constructed, inspected and receive occupancy approval from the County and/or the State of Oregon not later than November 30, 2017 ("Completion Date"), unless extended by mutual agreement of the Parties. 6. Trust Account Releases. 6.1 Section 17 of the Improvement Agreement is hereby amended to provide that the Trust Account may be used for construction of all of the Required Improvements (i.e., not just Phase 1) in accordance with its terms. 6.2 Section 17.4 of the Improvement Agreement is hereby amended to provide that the "Proportional Contributions" for the Parties, as set forth in Section 17.4, shall be determined by reference to the sum of (a) the GMP for all of the Required Improvements; (b) Soft Costs (as defined below) for the Required Improvements; and (c) hard costs for the Required Improvements already incurred, resulting in a calculation as follows: (GMP + Soft Costs + expended hard costs) - Trust Account = Shortage And resulting in Proportional percentage allocations as follows: Proportional Contribution for County: Trust Account/GMP + Soft Costs + expended hard costs Proportional Contribution for Owner: Shortage/GMP + Soft Costs + expended hard costs 6.3 Section 17.19 is hereby amended and restated in its entirety as follows: Owner has already expended significant hard costs, which will be included in the denominator for calculation of the Proportional Contribution pursuant to Section 17.4, and Owner may apply for reimbursement from the Trust Fund for the Proportional Contribution from the County for these expenses in the first draw request. The Parties acknowledge that there are significant non - construction costs involved in the completion of the Requirement Improvements, including, but not limited to land use planning, design and engineering, inspections, permits, fees and cost (collectively, the "Soft Costs"). The Soft Costs will be included in project costs to be reimbursed pursuant to this Section 17, subject to the Proportional Contribution calculation in Section 5.2. The first draw request will include a majority of the Soft Costs, which have already been incurred. Since a portion of the Soft Costs are in the form of building permit fees and transportation impact fees to be paid to Deschutes County, Owner shall have the option to have these fees offset against the next draw to be taken under this Section 17 rather than paying them and seeking reimbursement. 7. Security. In addition to the deed of trust referenced in Section 14 of the Improvement Agreement recorded May 30, 2013 in the official records of Deschutes County, Oregon, as Document No. 2013-22114, the Owner shall provide the County with a bond (the "Bond") issued by (the "Surety") in the amount of Two Million Five Hundred Thousand Dollars ($2,500,000.00) further securing Owner's obligations under the Improvement Agreement as amended hereby. The Bond shall be in a form reasonably {00061460;4} acceptable to County legal counsel, and shall provide that the County may draw on the Bond upon the occurrence of an Event of Default under the Improvement Agreement. In the event that the Bond has an expiration date that is prior to the date of full satisfaction of Owner's obligations under the Improvement Agreement, the Bond shall require the Surety to provide the County with not less than thirty (30) days advance written notice of any decision not to renew the Bond. In the event that County receives such notice prior to satisfaction of all of Owner's obligations under the Improvement Agreement, the failure to renew the Bond shall be an Event of Default under the Improvement Agreement, allowing County to draw on the Bond, unless Owner timely provides alternative security reasonably acceptable to the County. 8. Default. Section 35.1 of the Improvement Agreement is hereby amended and restated to read as follows: Upon a failure of the Owner to comply with the requirements of this Agreement, such breach shall constitute an `Event of Default" unless within thirty (30) days of receipt of notice of the breach Owner promptly commences and thereafter diligently prosecutes a cure to completion; provided, however, if the breach is of such a nature that it cannot reasonably be cured within thirty days, such thirty (30) day period shall be extended for such additional time as is reasonably necessary to allow Owner to complete the cure of the breach. A breach that results from actions or events beyond the reasonable control of Owner shall not constitute an Event of Default unless Owner fails to take all reasonable steps with reasonable diligence to cure such breach. 9. Effect of Amendment. Except to the extent amended pursuant to this Agreement, the Improvement Agreement remains in full force and effect, unmodified. 10. Effective Date. Notwithstanding mutual execution of this Agreement, this Agreement shall not become effective until recorded. Dated this ATTEST: of June 2016 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Recording Secretary STATE OF OREGON County of Deschutes ) ss. ALAN UNGER, Chair TAMMY BANEY, Vice Chair ANTHONY DEBONE, Commissioner Before me, a Notary Public, personally appeared ANTHONY DEBONE, ALAN UNGER, TAMMY BANEY, the above-named Board of County Commissioners of Deschutes County, Oregon and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon. DATED this _ day of June 2016 {00061460;4} Notary Public, State of Oregon My Commission Expires: DATED this _ day of June 2016 DEVELOPER: By: Its: {00061460;4} STATE OF OREGON ) ) ss. County of Deschutes ) Before me, a Notary Public, personally appeared , and acknowledged the foregoing instrument as of DATED this _ day of June 2016 {00061460;4} Notary Public, State of Oregon My Commission Expires: C. cv S6 00 d 4 C c4 0 -0 O5 N O 4 A. 0 00 Ap.vAtilCP * 0 00 0O ek Lc) tn Cr -0 c. c. 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