2017-271-Minutes for Meeting April 11,2017 Recorded 5/25/2017CrTY QI': BEN ..)
Recorded in Deschutes County
Nancy Blankenship, County Clerk
CJ2017-271
Commissioners' Journal 05/25/2017 10:52:31 AM
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97703-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
JOINT WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS & BEND CITY COUNCIL
A Joint Work Session between the Deschutes County Board of Commissioners and the Bend City
Council was held on Tuesday, April 11, 2017 at 10:00 a.m. in the Deschutes Services Building
Barnes & Sawyer Rooms, at 1300 NW Wall Street, Bend.
Present for Deschutes County: Commissioners Tammy Baney, Anthony DeBone, and Phil
Henderson, County Administrator Tom Anderson, and Board Executive Secretary Sharon Ross.
Present for City of Bend: Mayor Casey Roats, Councilors Justin Livingston, Nathan Boddie, Barb
Campbell, Sally Russell, Bill Moseley, and Bruce Abernethy, and City Manager Eric King.
Also present were various members of the County and City department staff, various citizens,
and one representative of the media.
CALL TO ORDER: Chair Baney opened the meeting of the Deschutes County Board of
Commissioners at 10:05 a.m. Mayor Roats opened the meeting of the Bend City Council at
10:05 a.m.
AGENDA:
I. Update to the City/County Joint Management Agreement related to Land Use and UGB
Expansion Areas: City and County staff have been working together since November 2016
to draft the proposed joint management agreement. The agreement highlights the city and
county responsibilities. The original joint management agreement was created in 1998.
There are no major changes proposed in the JMA. The urbanized area (UA) overlay district
Minutes of the Joint City of Bend/Deschutes County Work Session April 11, 2017
Page 1 of 3
was reviewed which is the area between the Bend city limits and the urban growth
boundary. The creation of the UA is intended to preserve large areas of undeveloped or
rural land for future urban development prior to annexation. The next steps in the review
process are to present at the Bend Planning Commission work session on April 24th and a
public hearing on May 8th. A public hearing is scheduled for the Bend City Council on June
7th with a second reading on June 21St. On June 28th a public hearing is scheduled to be
presented at the Deschutes County Business meeting.
II. CITY UPDATES
• FY 2017-19 Council Goals: Growth Plan, Transportation, Affordable Housing, Public
Safety, Governance: The City Council Goals were reviewed and include: Implementing
a growth plan that is consistent with community goals for the economy, environment
and affordability; moving people and product around Bend quickly, safely, and reliably;
increasing affordable housing options; keeping residents safe with innovative and cost-
effective public safety services; and modernizing and professionalizing how City
government operates. The goals were presented through a slide presentation (see
attached).
• Affordable Housing Strategies: Workforce and affordable housing is a concern.
Average household incomes vs the cost of housing was reviewed showing 60% of the
population is below the area median income and the focus needs to be on that area for
finding solutions for affordable housing. Understanding the hurdles with land use and
expenses, partnering with housing organizations and looking at mobile home parks
might be one solution. When reviewing land options, transportation and access to
services needs to be remembered.
• Legislative Updates: The bills currently being monitored are: Transient lodging related
House Bills 2744 relating to the expenditure of local transient lodging tax revenue and
2768 relating to local transient lodging taxation.
III. COUNTY UPDATES
• 911 and Computer Aided Dispatch (CAD) upgrades: Public Safety technology is being
updated. The 9-1-1 phone system is being updated to include allowing texting to reach
9-1-1 that will be especially beneficial for the population that cannot hear or speak. The
current radio system was outdated and needed to be updated from analog to digital.
Minutes of the Joint City of Bend/Deschutes County Work Session April 11, 2017
Page 2 of 3
• Proposed Crisis Stabilization Center: This project works collectively with law
enforcement agencies to leverage resources on ways to provide services to individuals
with mental health needs to provide a facility to take these individuals in times of crisis
instead of taking them to the jail.
• Update on the new Certified Community Behavioral Health Clinic Grant: Recently
established was a certified community behavioral health clinic which will provide access
to increased coordinated care and services that consider both mental and physical
health.
• Legislative Updates: A variety of bills are being monitored including those that relate to
affordable housing, health care, land use, marijuana sale and production, public
employee retirement system reform, public safety, revenue and taxes, and
transportation funding.
ADJOURN Being no further discussion, the meeting adjourned at 12:00 noon.
DATED this /0 Day of —)
c a
Board of Commissioners.
ATTEST:
Recording Secretary
2017 for the Deschutes County
Tammy Baney, Chaif_
® 2�
Anthony DeBone, Vice Chair
Philip G. Hiderson, Commissioner---
Minutes
ommissioner
Minutes of the Joint City of Bend/Deschutes County Work Session April 11, 2017
Page 3 of 3
Orr' OF BEND
For Recording Stamp Only
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97703-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
JOINT WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS & BEND CITY COUNCIL
Barnes & Sawyer Rooms, Deschutes Services Building
Tuesday, April 11, 2017 at 10:00 a.m.
AGENDA:
Update to the City/County Joint Management Agreement related to Land Use and UGB
Expansion Areas (45 minutes)
- Staff Lead: Pauline Hardie (City) and Peter Gutowsky (County)
II. City Updates (30 minutes)
a. FY 2017-19 Council Goals: Growth Plan, Transportation, Affordable Housing, Public
Safety, Governance
b. Affordable Housing strategies
c. Legislative Updates: Transient Room Tax flexibility, Land Use, Transit
III. County Updates (30 minutes)
a. 911 and Computer Aided Dispatch (CAD) upgrades
b. Proposed Crisis Stabilization Center
c. Update on the new Certified Community Behavioral Health Clinic Grant
d. Legislative Updates
ADJOURN
Agenda Joint Work Session
Revised 3/27/17
April 11, 2017 Page 1 of 1
Y OF BEND
MEMORANDUM
To: Deschutes County Board of Commissioners
From: Pauline Hardie, Senior Planner
Re: Joint Management Agreement
Date: 4/5/2017
I am providing this memo at the request of County staff. The proposed JMA for the joint
work session has minor formatting changes from the City Attorney's office compared to
the draft version reviewed by the BOCC at a work session. In addition, because of
spring break, upper city management could not review the draft until April 4, 2017.
Based on that discussion, the proposed draft for consideration at the joint work session
includes the following minor substantive revisions:
SECTION 12. Amendment and Termination
12.1 This Agreement may be amended or terminated only by mutual written
agreement of the parties with 90 days written notice to the other party.
Either party may terminate this Agreement on 60 days' notice.
12.2 This Agreement remains in effect until terminated or amended under this section.
SECTION 13. Dispute Resolution
City and County shall follow the following procedure in the event of a dispute under this
Agreement prior to initiating litigation:
Step 1 — In person meeting among responsible department heads.
Step 2 — In person meeting between City Manager and County Administrator.
Step 3 — Joint meeting of City Council and County Board of Commissioners.
Step 4 — Mediation by a mutually acceptable Mediator.
Page 1
EXHIBIT A
Draft
Development Code Update
Prepared by:
City of Bend Planning Division
Note:
Text in underlined typeface is proposed to be added
Text in typeface is proposed to be deleted.
***Indicates where text from the existing code has been omitted because it will remain unchanged.
Staff comments are bold and italicized
11 Page
March 24, 2017
Chapter 1.2
DEFINITIONS
***
Agricultural building or eauine facility means buildings and structures that are exempt from the State of
Oregon Structural Specialty Code as agricultural buildings and eauine facilities as described in ORS 455.315.
A structural building permit is not reauired for agricultural buildings or equine facilities located on the same lot
or parcel receiving special assessment for farm use.
Urban Growth Boundary (UGB) means the urban growth boundary as adopted by the City and County and
acknowledged by the State.
Urbanizable Area (UM Overlay District means the area between the Bend city limits and the UGB.
2!Page
March 24, 2017
Chapter 2.8
URBANIZABLE AREA OVERLAY DISTRICT (UA)
Sections:
2.8.100 Purpose and Applicability.
2.8.200 Permitted Land Use.
2.8.300 Lot Area and Dimensions.
2.8.400 Additional Provisions
2.8.100 Purpose and Applicability.
A. Purpose. The Urbanizable Area (UAl Overlay District is intended to preserve larae areas of undeveloped or
rural land for future urban development prior to annexation. The UA Overlay District promotes the livability..
stability, safety and improvement of the City of Bend by allowing orderly development consistent with the
Bend Comprehensive Plan.
B. Applicability The provisions of the UA Overlay District apply to all land between Bend's city limits and the
Urban Growth Boundary.
The UA District will automatically be removed upon annexation to the City. and the zoning that implements
the Bend Comprehensive Plan desianation for the property will apply.
C. Master Planning. The City has the authority to process master plans under BDC Chapter 4.5. Master
Planning and Alternative Developments in the UA Overlay District prior to annexation. However.
development of the property with the uses authorized by a master plan may only occur after annexation.
2.8.200 Permitted Land Use.
A. Permitted Uses. The land uses listed in Table 2.8.200 are permitted in the UA Overlay District when
allowed in the zoning district that implements the underlvina Bend Comprehensive Plan desianation,
subiect to the provisions of this chapter. Only land uses that are specifically listed in Table 2.8.200, land
Wage
March 24, 2017
uses that are incidental and subordinate to a permitted use and land uses that are approved as "similar" to
those in Table 2.8.200 may be permitted.
B. Determination of Similar Land Use. Similar use determinations shall be made in conformance with the
procedures in BDC 4.1.1400. Declaratory Rulina or as part of a development application.
Table 2.8.200 — Permitted Land Uses
Land Use UA Overlay District
Residential
Single-family detached housing
*Accessory dwellina units (ADUs)
*Manufactured homes on individual lots
Residential care home (5 or fewer residents)
Adult day care
Family childcare home (16 or fewer children)
*Home occupation (Type I/Type II)
*Accessory uses and structures
*Public and Institutional
*Utilities (above around)
*Miscellaneous Uses
Bed and breakfast inn
** Farm use
*** Agricultural building or eauine facility
*Plant nursery
*Small hydroelectric facility
41 Page
March 24, 2017
P
P
P
P
P
P
P/C
P
C
C
P
P
C
P
Land Use UA Overlay District
Wireless and broadcast communication facilities See BDC Chapter 3.7
Expansion. alteration or replacement of a lawfully permitted building P/C
and use as Month, Date, 2017 (INSERT) See BDC 2.8.400(D)
Temporary Uses in compliance with BDC 3.6.400 Temporary Uses See BDC Chapter 3.6.400
Key to Permitted Uses
P = Permitted. subiect to BDC Chapter 4.1. Development Review and Procedures
N = Not Permitted
C = Conditional Use, subject to permit standards in BDC Chapter 4.4, Conditional Use Permit
* Subiect to special standards as described BDC Chapter 3.6, Special Standards for Certain Uses.
** Farm Uses are permitted reaardless of the underlying zoning district that implements the Bend Comprehensive
Plan designation until annexed into the City of Bend.
*** Agricultural buildings or equine facilities are permitted reaardless of the underlying zonina district that implements
the Bend Comprehensive Plan designation until annexed into the City of Bend.
2.8.300 Lot Area and Dimensions.
Lot area and lot dimension standards are listed in Table 2.8.300.
Standard UA District
Minimum Lot Size 20 acres
Maximum Lot Coverage 15% on lots 1 acre or larger
35% for lots less than 1 acre
Minimum Front Setback 20 feet
Minimum Side Setback 10 feet
Minimum Rear Setback 20 feet
5IPage
March 24, 2017
Maximum Buildina Heiaht
2.8.400 Additional Provisions.
Maximum height permitted in the zoning district that
implements the underlying Bend Comprehensive
Plan desianation
A. Water or sanitary sewer services may only be extended to properties in the UA Overlay District in
compliance with BDC 4.9.700 Extraterritorial Extension of Water and Sewer Service.
B. Detached sinale-familv dwellinas. accessory buildinas and accessory dwellina units must be sited to allow
the future division and/or more intensive use of the property. Additional development restrictions that limit
the location of buildings and on-site sewaae disposal facilities may be applied where necessary to reserve
land for future urban development.
C. Frontaae improvements must be built to City Standards and Specifications when reauired under Chapter
4.2. Minimum Development Standards (MDSI Review. Site Plan Review and Design Review.
D. An expansion or enlargement of 50 percent or less of a lawfully permitted building and/or use as of Month.
Date. 2017 (INSERT) must comply with BDC Chapter 4.2. Minimum Development Standards (MDS) Review.
Site Plan Review and Design Review. For an expansion or enlargement greater than 50 percent. the
conditional use criteria. standards and conditions within BDC Chapter 4.4. Conditional Use Permits also
apply.
E. Prior to approval of any land division. the general location of streets and water and sewer lines must be
illustrated on abuttina vacant land and developable land. This illustration is not bindina on the abutting
Properties.
F. Deschutes County is responsible for permits and inspections for on-site sewaae treatment and dispersal
systems for properties in the Urbanizable Areas (UAl District.
G. Sian District 5 applies to all properties in the UA Overlay District until they are annexed into the City of
Bend.
H. Deschutes County is considered an affected party and will be notified of all auasi-iudicial and leaislative
development applications.
61 Page
March 24, 2017
EXHIBIT A
Draft
Deschutes County Code Update
Prepared by:
City of Bend Planning Division and Deschutes County Planning Division
Note:
Text in underlined typeface is proposed to be added
Text in ctrikcthrough typeface is proposed to be deleted.
***Indicates where text from the existing code has been omitted because it will remain unchanged.
Staff comments are bold and italicized
11 Page
March6, 2017
Chapter 15.08. SIGNS.
***
15.08.015.Bend Uiirban Area Sign Code.
Not with standing any other provision of DCC 15.08, this chapter shall not apply to those lands lying outside the
City limits of Bend and within the Bend Urban Growth Boundary_, as that term is defined in th t sedate
interge\'arnmontal a ::••:• .•_ :e • e e:. ... _ - . e _ .• e and tape -Ce w4y dated February 18, 1998.
The City of Bend Sign Code Ordinance, No. NS 1195, cs adopted by the Board as DCC15.08 A, and as may be
amended from time to time, shall apply in that geographic area to those lands instead.
(Ord. 2017-OOx &x. 2017: Ord. 2014-018, §2, 2014; Ord. 98-052 §1, 1998)
***
15.08.040. Specific Definitions.
***
Urban Growth Boundary (UGB) means the urban arowth boundary as adopted by the City and County and
acknowledaed by the State.
***
(Ord. 2017-OOx &x. 2017: Ord. 2014-018, §2, 2014; Ord. 2009-023§1, 2009; Ord. 97-067 §1, 1997; Ord. 95-063
§1, 1995; Ord.81-009§1, Exhibit A, §§ 1.030and1.050, 1981)
***
REPEAL
TITLE 15 08A
2lPage
March6, 2017
Chapter 17.04. GENERAL PROVISIONS.
***
17.04.020. Purpose.
***
D. DCC Title 17 shall not apply to the lands lying outside the city limits of the city of Bend and within the Bend
Urban Growth Boundary, , as that term is defined in that ccrta:n intergovernmental agreement entered into
between the city of Bend and the County dated February 18, 1998. The city of Bend Subdivision Ordinance,
Ne-. NS 1219, ac 2dopted by the Board of County Ca:,mi€€ioners as DCC Title 17A, and as supplemented by
such other supplementing and/or amending ordinances as might from time to time be adopted shall apply to
those lands instead.
***
(Ord. 2017-OOx &x. 2017; Ord. 2008-030 § 1, 2008; Ord. 98-041 § 1 , 1998; Ord. 95-065 §1, 1995; Ord. 90-003
§1, 1990, Exhibit A; Ord. 83-039 §1, 1983; Ord. 81-043 §1 , Exhibit A, §1.010, 1981)
***
Chapter 17.08. DEFINITIONS AND INTERPRETATION OF LANGUAGE.
***
17.08.030. Definitions Generally.
***
Urban Growth Boundary (UGB) means the urban growth boundary as adopted by the City and County and
acknowledged by the State,
***
31 Page
March6, 2017
(Ord. 2017-OOx &x. 2017: Ord. 2012-008 §1, 2012; Ord. 2008-030 §2, 2008; Ord. 97-005 §1, 1997; Ord. 96-003
§10, 1996; Ord. 95-065 § 1, 1995; Ord. 93-012 §§ 2-7, 1993; Ord. 90-003 § 1, Exhibit A, 1990; Ord. 88-015 § 1,
1988; Ord.86-015 §2, 1986; Ord. 83-039 §2, 1983; Ord. 81-043 §1, Exhibit A, §1.040, 1981)
REPEAL
TITLE 17 A
No: -NS -1349
***
Chapter 19.04. TITLE, PURPOSE, COMPLIANCE AND DEFINITIONS.
19.04.010. Title.
19.04.020. Compliance with Title Provisions.
19.04.040. Definitions
19.04.010. Title.
DCC Title 19 shall be known as the "Zoning Ordinance" of the Bend Urban Area of Deschutes County, Oregon.
DCC Title 19 does not apply to lands in the Urbanizable Area (UAl Overlay District. DCC Title 19A applies to
the UA Overlay District.
(Ord. 2017-00x &x. 2017: Ord. 90-038 §1, 1990)
***
19.04.040. Definitions.
***
41 Page
March6, 2017
"Bend urban area" means that area lying insido outside the adopted Bend Urban Growth Boundary that is
shown on the Deschutes County Comprehensive Plan Map as Urban Area Reserve and outside tho City of
Bond boundaries.
***
(Ord. 2017-OOx fix. 2017; Ord. 2016-016 §1, 2016; Ord. 2014-016 §1, 2014; Ord. 2013-013 §1; Ord. 99-001
§§2-4, 1999; Ord. 97-038 §1, 1997; Ord. 97-017 §1, 1996; Ord. 96-071 §1D, 1996; Ord. 95-045 §15, 1995;
Ord. 94 027 §§1 & 2, 1994; Ord. 92-043 §1, 1992; Ord. 91 029 §§1, 8, 9 and 10, 1991; Ord. 91-001 §1, 1991;
Ord. 90-038 §1, 1990; Ord. 90-007 §1, 1990; Ord. 88-042 §3, 1988; Ord. 86-058 §1, 1986; Ord. 86-055 §1,
1986; Ord. 86-033 §1, 1983; Ord. 86-032 §1, 1986; Ord. 86-017 §1 Exhibit a, 1986; Ord. 830945 §1, 1983;
Ord. 83-041 §2, 1983; Ord. 80-217 §1 Exhibit A, 1980)
***
Title 19A
URBANIZABLE AREA (UA) OVERLAY DISTRICT
19A.01.010 Purpose. Applicability and Definitions.
19A.01.020 Permitted and Conditional Uses.
19A.01.030 Lot Area and Dimensions.
19A.01.040 Additional Provisions.
19A.01.010. Purpose. Applicability and Definitions.
A. Purpose. The Urbanizable Area (UAl Overlay District is intended to preserve large areas of undeveloped or
rural land for future urban development prior to annexation. The UA Overlay District promotes the livability,
stability. safety and improvement of the City of Bend by allowing orderly development consistent with the
Bend Comprehensive Plan.
B. Applicability The provisions of the UA Overlay District apply to all land between Bend's city limits and the
Urban Growth Boundary. The City of Bend is responsible for administerina Title 19A usina the Bend
Development Code (BDC).
The UA Overlay District will automatically be removed upon annexation to the City. and the zonina that
implements the Bend Comprehensive Plan designation for the property will apply.
51Page
March6, 2017
C. Master Planning. The City of Bend has the authority to process master plans under BDC Chapter 4.5.
Master Plannina and Alternative Developments in the UA Overlay District prior to or concurrently with
annexation. However. development of the property with the uses authorized by a master plan may only
occur after annexation.
D. Definitions. The followina definitions apply to DCC Title 19A in addition to the definitions in the BDC Chapter
1.2. Definitions and BDC 3.7. Wireless and Broadcast Communication Facilities.
1. "Urban Growth Boundary (UGB)" means the urban arowth boundary as adopted by the City and
County and acknowledaed by the State.
2. "Urbanizable Area (UA) Overlay District" means the area between the Bend city limits and the UGB.
19A.01.020. Permitted and Conditional Uses.
A. Permitted Uses. The land uses listed in Table 19A.01.020 are permitted in the UA Overlay District when
allowed in the zoning district that implements the underlvina Bend Comprehensive Plan desianation.
subiect to the provisions of this Title. Only land uses that are specifically listed in Table 19A.01.020. land
uses that are incidental and subordinate to a permitted use and land uses that are approved as "similar" to
those in Table 19A.01.020 may be permitted.
B. Determination of Similar Land Use. Similar use determinations shall be made in conformance with the
procedures in BDC 4.1.1400. Declaratory Rulina or as part of a development application.
Table 19A.01.020 — Permitted Land Uses
Land Use
UA Overlay District
Residential
.Sinale-familv detached housing. P
*Accessory dwelling units (ADUs) P
*Manufactured homes on individual lots P
Residential care home (5 or fewer residents) P
(Adult day care P
61 Page
March6, 2017
Land Use
Family childcare home (16 or fewer children)
*Home occupation (-Noel/Type II)
*Accessory uses and structures
*Public and Institutional
*Utilities (above around)
*Miscellaneous Uses
Bed and breakfast inn
** Farm use
*** Aaricultural buildina or eauine facility
*Plant nursery
*Small hydroelectric facility
Wireless and broadcast communication facilities
Expansion, alteration or replacement of a lawfully permitted building
and use as Month. Date, 2017(INSERT)
*Temporary Uses
UA Overlay District
P
P/C
P
C
C
P
P
C
P
See BDC Chapter 3.7
P/C
See DDC 19A.01.030.(D)
See BDC Chapter 3.6.400
Key to Permitted Uses
P = Permitted, subiect to BDC Chapter 4.1, Development Review and Procedures
N = Not Permitted
C = Conditional Use, subiect to permit standards in BDC Chapter 4.4, Conditional Use Permit
* Subiect to special standards as described BDC Chapter 3.6. Special Standards for Certain Uses.
** Farm Uses are permitted reaardless of the underlying zonina district that implements the Bend Comprehensive
Plan desianation until annexed into the City of Bend.
7'Page
March6, 2017
*** Agricultural buildings or equine facilities are permitted regardless of the underlvina zoning district that implements
the Bend Comprehensive Plan desianation until annexed into the City of Bend.
19A.01.030. Lot Area and Dimensions.
Lot area and lot dimension standards are listed in Table 19A.01.030.
Table 19A.01.030
Standard UA Overlay District
Minimum Lot Size 20 acres
Maximum Lot Coveraae 15% on lots 1 acre or laraer
35% for lots less than 1 acre
Minimum Front Setback 20 feet
Minimum Side Setback 10 feet
Minimum Rear Setback 20 feet
Maximum Building Heiaht Maximum heiaht permitted in the zonina district that
implements the underlvina Bend Comprehensive
Plan designation
19A.01.040. Additional Provisions.
A. Water or sanitary sewer services may only be extended to properties in the UA Overlay District in
compliance with BDC 4.9.700 Extraterritorial Extension of Water and Sewer Service.
B. Detached single-family dwellinas. accessory buildings and accessory dwellina units must be sited to allow
the future division and/or more intensive use of the property. Additional development restrictions that limit
the location of buildinas and on-site sewaae disposal facilities may be applied where necessary to reserve
land for future urban development.
C. Frontaae improvements must be built to City Standards and Specifications when reauired under BDC
Chapter 4.2. Minimum Development Standards (MDS) Review. Site Plan Review and Desian Review.
81 Page
March6, 2017
D. An expansion or enlargement of 50 percent or less of a lawfully permitted buildina and/or use as of Month,
Date. 2017 (INSERT) must comolv with BDC Chapter 4.2. Minimum Development Standards (MDS) Review,
Site Plan Review and Design Review. For an expansion or enlargement greater than 50 percent, the
conditional use criteria, standards and conditions within BDC Chapter 4.4, Conditional Use Permits also
apply.
E. Prior to approval of any land division, the aeneral location of streets and water and sewer lines must be
illustrated on abutting vacant land and developable land. This illustration is not binding on the abutting,
properties.
F. Deschutes County is responsible for permits and inspections for on-site sewaae treatment and dispersal
systems for properties in the UA Overlay District.
G. Sign District 5 in BC 9.50, Sians applies to all properties in the UA Overlay District until they are annexed
into the City of Bend.
(Ord. 2017-OOx fix, 2017)
91 Page
March6, 2017
AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT REGARDING
THE AREA WITHIN THE BEND URBAN GROWTH BOUNDARY
This Amended and Restated Intergovernmental Agreement Regarding the Bend
Urbanizable Area (Agreement) is Between the City of Bend, an Oregon municipal
corporation (City) and Deschutes County, a political subdivision of the State of Oregon
(County).
RECITALS
A. City and County entered into an "Agreement between the City of Bend, Oregon, and
Deschutes County, Oregon, for the Joint Management of the Bend Urban Area" on
February 18, 1998 (1998 Agreement). The 1998 Agreement assigned responsibility
between the City and the County as to areas within the urban growth boundary
(UGB) of the City as it existed at that time. The Original Agreement also contained
provisions relating to the Urban Area Reserve outside the UGB.
B. Since adoption of the 1998 Agreement, the City annexed virtually all of the area
within the UGB. In 2016, the City and County expanded the UGB to include 2,380
additional acres. During the UGB expansion process, the State determined that the
Urban Area Reserve (UAR) designation has no effect under state law other than the
effect that arose from the exceptions to Statewide Planning Goals 3 and 4 adopted
for those areas. Therefore, the UAR designation and various references were
removed from the City's Comprehensive Plan but remains in Deschutes County's
Comprehensive Plan as a plan designation specific to lands located around the
Bend UGB.
C. This Agreement replaces the 1998 Agreement, including Exhibits A and B. The City
and County agree that it is appropriate to replace the 1998 Agreement to establish
clear responsibilities within the UGB and to remove any reference to the "Urban
Area Reserve."
D. ORS Chapter 190 and ORS 215.170 authorize the City and County to enter into this
intergovernmental cooperation agreement.
TERMS OF AGREEMENT
SECTION 1. Purpose
This Agreement allocates responsibility in the UA between City and County. Areas
within the city limits are within the jurisdiction of the City as to all subject matters over
which the City exercises jurisdiction.
Page 1 of 7 - AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT REGARDING THE
AREA WITHIN THE BEND URBAN GROWTH BOUNDARY (2017)
SECTION 2. Definitions
Development Application: All ministerial, permit, limited land use, quasi-judicial
and/or legislative actions initiated by the City or other parties.
Urban Growth Boundary (UGB): The urban growth boundary as adopted by the
City and County and acknowledged by the Department of Land Conservation and
Development, including any amendments to the UGB adopted by the City and County
and acknowledged by the state after this Agreement becomes effective.
Urbanizable Area (UA): The unincorporated area between the Bend city limits
and the UGB.
SECTION 3. Planning and Land Use Regulatory Authority
3.1 The Bend Comprehensive Plan, Bend Development Code (BDC) and all
associated Public Facility Plans are the controlling Comprehensive Plan, Transportation
System Plan, Goal 11 Public Facility Plans, and implementing regulations for the UA,
including any adopted and acknowledged amendments to those documents.
3.2 As of the effective date of this Agreement, the County will:
a) Delegate and grant to the City any and all authority necessary or
appropriate to the exercise of land use jurisdiction within the UA, including all quasi-
judicial development applications and plan and map amendments, as well as the
authority to apply county zoning regulations and to review and process Development
Applications, in accordance with Deschutes County Code (DCC) Title 19A. If not
superseded by Title 19A, the standards, criteria and procedures of the BDC will apply to
the Development Applications.
b) Delegate to the City authority to initiate and process legislative actions in
the UA, as set forth in Section 3.3(b) below.
c) Delegate to the City any and all authority necessary or appropriate to
review applications and issue permits for signs in the UA, using the City's sign
regulations in Bend Code (BC) Chapter 9.50, Signs.
d) Delegate the following to the City as authorized by ORS 190.010:
i. Code enforcement authority to enforce violations of the Building Code and
DCC Title 19A , and violations of BC 9.50, Signs for permanent signs that
are not located in the right-of-way, that occur after the effective date of
the JMA and until the property is annexed to the City.
ii. Authority to act as the hearing officer for the County in matters arising
from subsection i. The City may use the Municipal Court Judge as the
hearings officer.
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AREA WITHIN THE BEND URBAN GROWTH BOUNDARY (2017)
e) Delegate to the City the authority to assign addresses to properties within
the UA using BC Chapter 3.90, Street Names and Address Numbers.
3.3 As of the effective date of this Agreement, the City will:
a) Accept and process all Development Applications in the UA in accordance
with BDC Title 4 Applications and Review Procedures, except for the applications
referenced in (b) below which will be processed as specified in that section.
b) Accept and process all legislative applications in the UA, including County
initiated legislative applications, for amendments to the County's comprehensive plan,
plan map, zoning map and zoning regulations, according to the following:
i. City will give County at least 20 days' notice before the first hearing on any
non -county proposed amendments to the County's Comprehensive Plan,
Plan map, zoning map or zoning regulations.
ii. City will incorporate County comments in the staff report or attach the
County comments to the report and present them to the hearings body.
iii. City staff will assist the county in writing and formatting all ordinances for
adoption by the Board of County Commissioners (BOCC).
iv. City staff will provide the primary staff support to the BOCC on all
proposed amendments to the County Comprehensive Plan, plan map,
zoning map and zoning regulations.
v. The City will follow the standards, criteria and procedures provided for in
the BDC for legislative amendments.
vi. No applications may be adopted without a public hearing by the Bend
Planning Commission, a public hearing by the Bend City Council, and a
public hearing by the BOCC. The City Council must make a
recommendation to the BOCC. Wherever feasible the City Council and
BOCC may conduct joint hearings. Final action on a legislative change in
the UA remains vested with the BOCC.
vii. City and County will notify each other within five working days of receiving
any written appeal.
c) Administer and enforce County land use approvals including any
associated agreements, conditions of approval, bonds and other similar arrangements
encumbering or associated with property located within the UA.
d) Prepare, adopt, and amend Goal 11 public facility plans, as required by
ORS 197.712(2)(e). City will coordinate the preparation and the amendment of public
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AREA WITHIN THE BEND URBAN GROWTH BOUNDARY (2017)
facility plans with the County, special districts, state agencies, federal agencies, and
private providers of public facilities as required by OAR 660-011-015(2).
SECTION 4. Building Permits and Inspections
The City remains responsible for all application intake, plan review and issuance of
building permits and related inspections within the UA initiated after December 6, 2016.
The County will remain responsible for building permits and inspections if the permit
application was filed with the County before the date the property was included in the
UGB.
SECTION 5. Sewer
5.1 The City has the authority but not the obligation to provide extraterritorial sewer
service within the UA under state law. The County will not approve a the formation of a
sanitary sewer district under ORS 450 or private sewer system within the UA without the
concurrence of the City, as contemplated by Bend Comprehensive Plan Policy 1-5.
5.2 The County will remain responsible for septic permits (On-site Permits) and
inspections for sewage treatment and dispersal systems for properties in the UA.
SECTION 6. Water
6.1 The City has the authority but not the obligation to provide extraterritorial water
service within the UA in those areas not already within either the existing Avion Water
Company or Roats Water Company service areas. The County will not approve the
formation of any domestic water supply district that attempts to form as a special district
under ORS 264 within the UA without the concurrence of the City, as contemplated by
Bend Comprehensive Plan Policy 1-5.
6.2 The City may choose to provide extraterritorial water service outside the UGB in
compliance with applicable state statutes, planning goals and subject to any applicable
County land use decision.
SECTION 7. Roads
7.1 "County roads" (as defined in ORS 368.001) existing within the UA as of the
effective date of this agreement, will remain County roads, with the County responsible
for maintenance and repair until such time annexation and/or jurisdictional transfer
occur.
a) The County shall consult with the City prior to construction or
reconstruction of public improvements within the UA for improvements initiated by the
County and not affiliated with a development application.
7.2 Any new roads, upgrades not related to maintenance or repair, or improvements
to roads in the UA associated with a development application will be built to City
Page 4 of 7 - AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT REGARDING THE
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standards or require an in -lieu payment in conformance with BDC Chapter 4.7 made to
the City.
7.3 Work in the right-of-way in the UA is subject to the City Public Right -of -Way Work
Permit or Public Facility Improvement Agreement.
a) The County delegates to the City any and all authority necessary to
review, approve and inspect all infrastructure constructed subject to the City Public
Right -of -Way Work Permit or Public Facility Improvement Agreement.
b) Any indemnification requirement within the Agreement shall indemnify
both the County and the City and must apply to any and all claims related to
infrastructure installation and operation constructed under this Section.
7.4 Upon annexation, roads and rights-of-way will be accepted by the City under the
City's annexation regulations.
a) Annexation of roads and rights-of-way will include the full width of existing
and new rights-of-way along the frontage of annexing properties.
b) To avoid creating segments of alternating jurisdictional authority,
annexation of right-of-way will be contiguous and will extend to the City's point of
jurisdictional authority.
c) All annexed rights-of-way shall require a transfer of jurisdictional authority
from the County to the City per ORS 373.270.
SECTION 8. SDCs
The City has the authority to charge sewer, water and transportation System
Development Charges (SDCs). Prior to the City updating the Transportation SDC
methodology to include properties in the UGB, the City will collect Transportation SDCs
as established in the County's System Development Charge Resolution and remit the
proceeds to the County. After the City adopts a new Transportation SDC methodology
list, the City will collect City Transportation SDCs as established in the City's Fee
Resolution and retain all charges. Upon adopting the City's Transportation SDC
methodology and SDC, the City will be responsible for the collection, processing,
challenges and appeals of these SDCs. City water and sewer SDC's will be collected at
the time of any connection to the City systems based on the current City's SDC Fee
Resolution.
SECTION 9. Fees
The City's Fee Resolution sets the fees applicable to Development Applications within
the UA.
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AREA WITHIN THE BEND URBAN GROWTH BOUNDARY (2017)
SECTION 10. Indemnification
10.1 To the extent legally possible the City indemnifies, holds harmless, and will
defend the County, its officials, agents, and employees from and against any and all
claims, damages, losses, and expenses including attorney fees, arising in or from its
performance or failure to perform the responsibilities delegated to the City by the
County under this Agreement. This indemnity provision shall survive the termination of
this Agreement.
10.2 To the extent legally possible the County indemnifies, holds harmless, and will
defend the City, its officials, agents, and employees from and against any and all
claims, damages, losses, and expenses including attorney fees, arising in or from its
performance or failure to perform the responsibilities of the County under this
Agreement. This indemnity provision shall survive the termination of this Agreement.
SECTION 11. Charges
11.1 City will not charge or invoice County for any work, activity, fee or charge
associated with this Agreement.
11.2 County will not charge or invoice City for any work, activity, fee or charge
associated with this Agreement.
SECTION 12. Amendment and Termination
12.1 This Agreement may be amended or terminated only by mutual written
agreement of the parties with 90 days written notice to the other party.
12.2 This Agreement remains in effect until terminated or amended under this section.
SECTION 13. Dispute Resolution
City and County shall follow the following procedure in the event of a dispute under this
Agreement prior to initiating litigation:
Step 1 — In person meeting among responsible department heads.
Step 2 — In person meeting between City Manager and County Administrator.
Step 3 — Joint meeting of City Council and County Board of Commissioners.
Step 4 — Mediation by a mutually acceptable Mediator.
SECTION 14. Effective Date
This Agreement shall be effective when it is duly executed by both City and County.
Page 6 of 7 - AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT REGARDING THE
AREA WITHIN THE BEND URBAN GROWTH BOUNDARY (2017)
CITY OF BEND
Eric King, City Manager
Authorized by Council Motion on
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ANTHONY DeBONE, Vice Chair
PHIL HENDERSION, Commissioner
APPROVED AS TO FORM:
Mary A. Winters, City Attorney
David Doyle, County Counsel
Page 7 of 7 - AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT REGARDING THE
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98-12331
0164-0439
AGREEMENT BETWEEN THE CITY OF BEND, OREGON, AND
DESCHUTES COUNTY, OREGON, FOR THE JOINT MANAGEMENT OF
THE BEND URBAN AREA
98 FEB 26 Pti 1: 56
WHEREAS, the City of Bend, Oregon, hereinaftepirfp[iiedi;o�las City", and
Deschutes County, Oregon, hereinafter referred to as "Counte,wwr @prized under
the provisions of ORS 190.003 to 190.030 to enter into intergovernmental agreements
for the performance of any or all functions that a party to the agreement has authority to
perform; and
WHEREAS, ORS 197.175, 197.190, 197.275, and 197.285 and OAR 660-03-
010 require counties and cities to prepare and adopt comprehensive plans consistent
with statewide goals, and to enact ordinances or regulations to implement the
comprehensive plans; and
WHEREAS, Statewide Planning Goal No. 14 requires that establishment and
change of the urban growth boundary shall be a cooperative process between the City
and the County that surrounds it; and
WHEREAS, City and County recognize a common concern regarding the
accommodation of population growth and utilization of lands adjacent to the City; and
WHEREAS, City and County have adopted and coordinated consistent
comprehensive plans which establish an Urban Growth Boundary for the urban area
and policies related to urban development and the provision of urban services within
the Urban Growth Boundary; and
WHEREAS, City and County recognize that as their comprehensive plans and
implementing ordinances are amended from time to time, that they shall remain
consistent and coordinated with each other; and
WHEREAS, City and County desire to transfer jurisdiction of County roads within
the City; and to establish financial responsibility for capital construction and
maintenance of such roads; and
WHEREAS, City and County recognize that it is necessary to cooperate with
each other to implement the urbanization policies of their comprehensive plans;
NOW, THEREFORE, the parties do hereby agree as follows:
1. Definitions.
MMICRONL1 I
0
APR11998
Urban Growth Boundary (UGB). The urban growth boundary line
acknowledged by the Land Conservation and Development Commission,
`
which identifies and encompasses urban and urbanizable land t� 1€;'' e
E4"11
acknowledged 1981 Bend General Plan the urban growth bour l y 1991
identified as the Initial Urban Growth Boundary (UGB).
1 - JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA
0164-0440
Urban Reserve. Lands outside of the urban growth boundary identified as
highest priority for inclusion in the urban growth boundary when additional
urbanizable land is needed in accordance with the requirements of Goal
14.
Urbanizable Land. Urbanizable lands are those unincorporated lands
between the Bend city limits and the urban growth boundary.
Urban Reserve Boundary (URB). The boundary line which identifies and
encompasses the City, UGB and adjacent lands designated as urban
reserve.
Urban Facilities and Services. Basic facilities that are primarily planned
for by local government but which also may be provided by private
enterprise and are essential to the support of development in accordance
with the comprehensive plan. Urban facilities and services include police
protection, fire protection, sanitary facilities, storm drainage facilities,
streets and roads, water facilities, planning, zoning and subdivision
control, building safety, health services, recreation facilities and services,
energy and communication services and community governmental
services (including schools and transportation).
2. Intent of Agreement.
A. City and County hereby agree to establish a procedure for the
implementation of the UGB and URB both of which form an integral part of
the City Comprehensive Plan and the County Comprehensive Plan.
B. The procedures for implementation of the UGB, URB and the BAGP shall be
as specified hereinafter in this agreement.
C. The provisions of this agreement, the BAGP and the implementing
ordinances, as amended, shall establish the procedure for review and action
on the comprehensive plan amendments, implementing ordinances, land
use actions, public improvement projects, and other related matters which
pertain to the UGB.
D. It is hereby recognized that actions relating to the land within the City may
affect the joint management of the UGB and actions relating solely to lands
within the UGB but outside the corporate limits of the City may impact lands
within the City.
E. All actions as specified by this agreement shall be taken to assure that the
City and County Comprehensive Plans remain consistent and coordinated
with each other.
2 - JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA
0164-0441
F. It is the intent of City and County to transfer the building inspection and land
use responsibilities from County to the City for unincorporated lands within
the UGB.
The timing and additional details of implementation of Sections 4, 5 and 6 of this
agreement are contained in the "Agreement Regarding the Transfer of Building
and Land Use Responsibilities within the Bend Urban Growth Boundary"
(attached as Exhibit "13").
4. Comprehensive Plan and Implementing Ordinance Amendments.
A. All legislative amendments to the BAGP for the UGB and implementing
ordinances, and all legislative amendments to the UGB shall be enacted in
accordance with the following procedures:
The City shall be responsible for textual changes in the BAGP or
implementing ordinances within the UGB. When the jurisdiction of
the textual change falls within the County, notice shall be provided
by the City to the County not less than ten (10) days prior to first
hearing on the issue by the Bend Urban Area Planning
Commission (BUAPC). The County shall forward its comments
back to the City prior to the first hearing on the issue. County
recommendations shall be included in the City staff report. No
response from the County staff to the request shall be presumed to
mean no staff comment regarding the proposal. Following their
review, the Planning Commission shall recommend to the
governing bodies approval, disapproval or modification of the
proposed amendments(s).
2. Upon receipt of the Planning Commission's recommendation, the
City Council shall set a date for a City Council public hearing.
The City Council shall adopt the findings of fact, and adopt, adopt
with changes, or deny the proposed amendment(s).
4. Upon adoption by the City Council, the City shall forward the
decision to the County. If the City requests the County to make the
same changes, the City shall arrange for and provide public notice
for a hearing by the Board of County Commissioners (BOCC). Any
issues shall be resolved by the governing bodies.
B. A quasi-judicial amendment to the BAGP maps or the zoning maps within
the UGB shall be enacted in accordance with the following procedures:
1 The City shall have exclusive jurisdiction for all quasi-judicial plan
map amendments and zoning map changes for lands within the
City limits. Provided, however, the City shall notify the County of
3 JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA
0164-0442
the proposed changes and afford the County at least 10 days
notice prior to the first hearings on proposed changes.
2. The City shall have jurisdiction to process all plan map
amendments and zoning map changes in the unincorporated UGB
(lands outside the City, but within the UGB). Provided, however,
the City shall notify the County of the proposed map changes and
afford the County at least 10 days notice prior to the first hearing on
a proposed change. The Board of County Commissioners shall
only hear plan map amendments and zoning map changes if
required by ORS 215.431 and then only after approval by the City
Council. All map changes shall be adopted by the Board of County
Commissioners.
3. The City shall set a date for a public hearing on the proposed
change in accordance with adopted land use procedures.
4. The City and County shall have standing to appeal all map
amendments of the BAGP and zoning ordinance enacted by the
other jurisdiction.
5. Review Process for Other Land Use Actions . The County shall use the following
process for review and action on proposed land use actions other than those
covered by Section 4 which are being considered within the URB.
A. County shall retain jurisdiction over land use decisions within the urban
reserve, and such decisions shall conform to these adopted policies:
1. Recognizing that urban reserve areas could ultimately become part
of the City, the City's recommendation shall be considered.
2. The County shall send to the City a notice of pending applications
for land use action within the urban reserve. The City shall have
not less than ten (10) days to respond from the date of notification.
City recommendations shall be included in the county staff report.
No response by the City staff to the request shall be presumed to
mean no staff comment regarding the proposal.
3. The City shall have standing to appeal all land use decisions in the
urban reserve.
B. The City shall retain jurisdiction over land use decisions within the City, and
such decisions shall conform to these adopted policies:
1. Recognizing that land use decisions within the City affect the area
outside the City and within the UGB, the County's recommendation
shall be considered.
4 - JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA
0164-0443
2. The City shall send to the County notice of pending land use
actions within the City. The County shall have not less than ten
(10) days to respond from the date of notification. County
recommendations shall be included in the city staff report. No
response by the county staff to the request shall be presumed to
mean no staff comment regarding the proposal.
3. County shall have standing to appeal all land use decisions in the
City.
4. The City may process County Land Use Permits, as specified in
this agreement, prior to annexation.
C. Land use decisions in areas outside the City and within the UGB shall be
handled as set forth in article (5) of the Transfer Agreement, attached hereto
as Exhibit B. The City shall send to the County a notice of pending
applications for land use action within the UGB. The County shall have not
less than 10 days to respond from the date of notification. County
recommendations shall be included in the City staff report. No response by
the County staff shall be presumed to mean no staff comment regarding the
proposal.
6. Review Process for Other Activities. The City and County shall use the following
process for review and action on public improvement projects, and similar
programs, projects or proposals which are allowed by State land use laws and
which will apply to the UGB, URB and within the City.
A. The County shall seek a recommendation from the City with regard to the
following items which are within, adjacent to, or directly impact the UGB or
URB and for which the County has ultimate decision-making capacity:
1. Capital Improvement Programs.
2. Functional plan, or amendment thereto, for utilities, drainage, solid
waste, transportation, recreation or other similar activity.
3. Plan, or amendment thereto, for economic or industrial
development.
4. Proposal for formation of, or changes of boundary or functions of,
special service districts, as these terms are defined in ORS
198.705 and 198.710, except as provided in ORS 199.410 and
199.512.
5. Recommendations for designation of an area as a health hazard.
5 - JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA
6. Other plans or proposals similar to the above.
0164-0444
B. The City shall seek a recommendation from the County with regard to the
following items which will affect the UGB, URB and the City, for which the
City has ultimate decision-making capacity:
1. Capital improvement programs.
2. Functional plans, or amendments thereto, for utilities, drainage,
recreation, transportation or other similar activity.
3. Plans, or amendments thereto, for economic or industrial
development.
4. Proposals for the extension of any utility facility lines or service
area.
5. Other plans or proposals similar to the above.
C. The initiating jurisdiction shall allow the responding jurisdiction forty-five (45)
days to review and submit recommendations with regard to the items listed
in Sections 6 (A) and (B). Additional time may be provided at the request of
the responding jurisdiction and with the concurrence of the initiating
jurisdiction.
D. The initiating jurisdiction shall consider, and shall respond to, as appropriate,
the recommendations of the responding jurisdiction in making its decision.
No response by the responding jurisdiction to the request shall be presumed
to mean no comment on the proposal.
7. Sewer Boundary.
A. The City and County agree to establish the URB as a sewer boundary.
B. City shall provide sewage services to users within the UGB on the same
basis as such services are provided to users in the City. The provision of
sewage services by City shall be at all times consistent with and in the
furtherance of all applicable federal, state and local laws, rules, regulations
and policy.
C. County shall do the following:
1. Cooperate with City and the Department of Environmental Quality
in the administration of all applicable laws, rules and regulations in
the provision of sewage services and effluent disposal within the
URB.
6 - JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA
0164-0445
2. Not approve the formation of sanitary districts or the like within the
URB, except as consistent with the BAGP.
3. Adopt appropriate legislation requiring the installation of sewage
collector systems within all new subdivisions as a condition of plat
approval.
4. Refer persons proposing new development within the UGB to the
City of Bend for information relating to the extension of sewage
facilities to the property being developed.
5. Adopt legislation requiring persons receiving land use permits for
new construction in the UGB to hook up to sewer facilities as they
are extended to serve their properties.
8. Special Provisions.
A. Annexations:
1 City annexation shall occur only within the UGB.
2. Specific annexation decisions shall be in compliance with
applicable land use law and be consistent with governing
annexation policies of the City of Bend.
3. County and City recognize that the City will be annexing all or part
of the urban growth boundary (UGB). Further, this agreement is
made expressly to allow the City to annex territory to the City as
provided for in ORS 195.205. It is anticipated that all the land
within the UGB will eventually be annexed to the City.
4. Upon annexation, jurisdiction of all land use permits for any use
within the area annexed shall be deemed automatically transferred
from the County to the City.
a. Upon annexation, the City shall recognize and have
authority to implement and enforce County land use
approvals together with all implementing agreements;
including, but not limited to: improvement agreements,
conditions of approval agreements, bonds and other similar
arrangements.
b. For land use approvals started prior to, but not completed
by, the effective date of this agreement within the UGB and
outside the City, implementing agreements shall be signed
by the City and the County jointly including all improvement
agreements, conditions of approval agreement, and all
7- JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA
0164-0446
bonds or other forms of security shall designate both the
City and County as assured agencies.
B. Urban Services:
1. The Sewer and Water Master Plan (1991) ("Master Plan"), as
jointly adopted, shall be the controlling guideline for future sewer
and water system construction within the URB until more detailed
engineering consistent with the Plan's intent is available. City will
extend water and sewer outside the UGB only as allowed by state
land use law.
a. Annexation to the City will be encouraged over the formation
or expansion of special districts.
b. The County will not approve subdivisions or partitions
required by the zoning ordinance to have sewer or water
that are not connected to a sewer system and a water
system consistent with the master plan.
2. The City, County and affected agencies shall coordinate the
expansion and development of all urban facilities and services
within the UGB in a manner to promote early annexation of said
areas to the City.
a. Provisions for urban facilities and services shall be planned
in a manner limiting duplication in an effort to provide greater
efficiency and economy of operation.
b. The City and County shall require urban facilities and
services to be available concurrent with or prior to any
development within the UGB.
C. Consider legislation establishing systems development charges to be
imposed upon all new development in the UGB. County and City systems
development charges shall be coordinated, and in compliance with
applicable law.
9. Jurisdiction of Roads within the Urban Growth Boundary
A. Beginning July 1, 1998, the City shall accept jurisdiction for all County roads
annexed to the City within the UGB. The City shall assume complete
responsibility under the terms of this agreement for the transferred County
roads. The City shall annex roads adjacent to property annexed to the City.
8- JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA
0164 0447
B. The County agrees to enact appropriate legislation transferring to the City
jurisdiction under the terms of this agreement, all roads within the City limits
prior to July 1, 1998. The City agrees to accept such transfer.
C. SDC funds unencumbered by the County as of July 1, 1998, shall be
transferred to the City for expenditure by the City on eligible capital
improvement projects.
D. Effective March 1, 1998, the City shall receive all SDC's collected within the
UGB. The City shall assume responsibility for accounting for, and managing
SDC's within the UGB. The City shall be responsible for setting the rates for
SDC's within the UGB. Any outstanding SDC credit and reimbursement
shall be transferred to the City. The City shall administer any such contract
assigned to the City.
E. The City shall assume maintenance and operational responsibilities for all
County roads within the UGB as of July 1, 1998. The County shall beginning
with the fiscal year starting July 1, 1998, pay to the City the following sums
of money:
Fiscal year starting July 1, 1998 $900,000
Fiscal year starting July 1, 1999 700,000
Fiscal year starting July 1, 2000 500,000
Fiscal year starting July 1, 2001 500,000
Fiscal year starting July 1, 2002 500,000
These sums shall be payable in 4 equal payments, due at the end of each
quarter of the fiscal year. These monies will off -set the cost for the City to
maintain county roads within the UGB. In addition, the County will transfer to
the City maintenance equipment for these roads as specified in attached
Exhibit A, incorporated herein by reference.
F. Notwithstanding anything to the contrary in Section 14, this Section 9 shall
not be terminable, except by mutual agreement of City and County.
10. Public Works Construction Standards.
A. The County and City shall cooperatively develop development standards for
sewer, water, fire flows, roads and drainage systems, in order to assure that
an adequate transition may be made from a semi -rural to an urban
environment and from County to City jurisdiction.
B. City shall be responsible for the preparation, adoption and amendment of the
public facility plan required by ORS 197.712(2) (e) with the aid and
assistance of County. City shall coordinate the preparation of the public
facility plan with the County, special districts, state and federal agencies and
private providers of public facilities as required of OAR 660-11-015 (2).
9- JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA
0164 0448
11. Special District Coordination.
A. When a special district situated in full or in part within the URB has entered
into an intergovernmental coordination agreement with the County and the
City, it shall be given the opportunity to review and comment on the land use
actions and activities as specified in Sections 4 through 6 of this agreement.
B. If such an agreement is entered into, the special district shall give the City
and County the opportunity to review and comment on the following activities
which will apply to the URB.
1. Public works projects to be provided by the district.
2. Plans for establishment, improvement or extension of facilities
provided by the district.
3. Capital improvement programs developed by the district.
12. Enforcement. City shall be responsible for the enforcement of all land use
ordinances within the City Limits and for permits issued pursuant to this
agreement. County shall be responsible for the enforcement of all land use
ordinances outside the UGB and within the URB. Enforcement responsibilities
for lands outside the City but inside the UGB shall be subject to Article VIII of the
Transition Agreement attached hereto as Exhibit A.
13. Indemnification.
A. To the extent legally possible the City shall indemnify, hold harmless, and
defend the County, it's officials, agents, and employees from and against
any and all claims, damages, losses, and expenses including attorney fees,
arising in or from its performance or failure to perform the responsibilities
delegated to the City by the County. This indemnity provision shall survive
the termination of this agreement.
14. Review. Amendment and Termination.
A. This Agreement may be reviewed and amended at any time by mutual
consent of both parties, after public hearing by the City Commission and
Board of County Commissioners.
B. This Agreement shall be reviewed, and may be amended, at the time
established for review of the BAGP.
C. Any modifications in this Agreement shall be consistent with the BAGP and
County Comprehensive Plan.
10- JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA
0164-0449
D. This agreement may be terminated by either party under the following
procedure:
1. A public hearing shall be called by the party considering
termination. The party shall give the other party notice of hearing
at least forty-five (45) days prior to the scheduled hearing date.
The forty-five (45) day period shall be used by both parties to seek
resolution of differences.
2. Public notice of the hearing shall be in accordance with applicable
state-wide and local goals and statutes.
3. An established date for termination of the Agreement shall be at
least one year after the public hearing in order to provide ample
time for resolution of differences.
15. This Agreement replaces the management agreement between the City and
County dated June 30, 1993 as amended. That agreement is hereby declared to
be null and void.
IN WITNESS WHEREOF, this Urban Growth Area Joint Management Agreement
is signed and executed this (5 day of February, 1998.
CITY OF BEND, OREGON
Mayor
A ST:
23
Recorder
BOARD OF COUNTY OF
D SCHUT: S OUN , OREGON
Linda Swearingen, •mmissioner
Recording Secretary
11 - JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA
FEB -I2-98 THU 10:40 AM DESCHUTES CO PUB WORKS
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Exhibit B to Joint Management Agreement
AGREEMENT REGARDING THE TRANSFER
OF BUILDING AND LAND USE RESPONSIBILITIES
WITHIN THE BEND URBAN GROWTH BOUNDARY
This agreement is entered into pursuant to the authority granted in Chapter 190 of
Oregon Revised Statutes. It implements policy guidance provided by the Bend Area
General Plan and the Agreement between the City of Bend and Deschutes County for
the joint management of the Bend Urban Area for the transfer of building permit and
inspection and land use responsibilities. The agreement is between the City of Bend,
an Oregon municipal corporation, hereinafter called the "City", and Deschutes County,
a political subdivision of the State of Oregon, hereinafter called the "County".
Recitals
WHEREAS, the City and County recognize that it is necessary to cooperate to
establish a policy framework for transition of building and land use responsibilities within
the Bend Urban Growth Boundary; and
Whereas, the City and County seek to clarify the details of the transfer of building
and land use responsibility; and
Whereas, ORS 190.003 et seq. provides for intergovernmental agreements
between units of local government, including the City and the County, to allow the
performance of functions or activities of one unit of local government for another; and
Whereas, ORS 190.003 et seq. requires that an intergovernmental agreement
contemplating the performance of functions or activities by one unit of local government
for another shall specify the responsibilities between the parties;
NOW, THEREFORE, PURSUANT TO THE PROVISIONS OF ORS 190.003 et
seq. THE CITY AND COUNTY AGREE AS FOLLOWS:
Article 1: Purpose.
A. To avoid the duplication of governmental effort and public confusion
concerning land development processes and standards.
B. To provide for the orderly transition of building and planning service
delivery from the County to the City.
C. To allow the City to receive land use permits and building permit
applications prior to completing annexation of property; and to ensure
that permits processed by the City or County remain in force, are
lawful and recognized upon annexation.
1 - EXHIBIT B TO JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA
0164-0452
D. To assure employees, that may need to be transferred to the City in
accordance with ORS 236.605 to 236.650, of orderly transition.
E. To avoid problems with the provision of services relating to the details
of transferred services and the effects of the transfer on current
programs and customer service.
Article II: Definitions. As used in this agreement the following words shall mean or include
A. Buildina Reaulations. Plan review, inspection and enforcement of the
State of Oregon building -related codes for new construction,
remodeling and electrical service.
B. Land Use Regulations. Those regulations, as defined by ORS
197.015(11) applicable to the Urban Growth Boundary. For the
purposes of this agreement land use regulations shall include Titles
17, 19, and 22 of the County Code and City of Bend Zoning Ordinance
No. NS -1178, Subdivision Ordinance No. NS -1349 and Land Use
Procedures Ordinance No. NS -1556.
C. Urban Growth Boundary (UGB). The urban growth boundary line
acknowledged by the Land Conservation and Development
Commission, which identifies and encompasses urban and
urbanizable land. In the acknowledged 1981 Bend General Plan the
urban growth boundary was identified as the Initial Urban Growth
Boundary (UGB).
D. Urban Reserve. Lands outside of the urban growth boundary
identified as highest priority for inclusion in the urban growth boundary
when additional urbanizable land is needed in accordance with the
requirements of Goal 14.
E. Urbanizable Land. Urbanizable lands are those unincorporated lands
between the Bend city limits and the urban growth boundary.
F. Urban Reserve Boundary (URB). The boundary line which identifies
and encompasses the City, UGB and adjacent lands designated as
urban reserve.
Article III. Annexation Policy.
A. Between March 1, 1998, and June 30, 1998, the City shall continue to
annex developed property and undeveloped properties proposing to
apply for development approval and will begin annexation of lots in
approved subdivisions as of July 1, 1998.
2 - EXHIBIT B TO JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA
0164-0453
Article IV. Buildinct Services to be Transferred.
A. The County shall beginning July 1, 1998:
1. To the extent allowed by Oregon State Building Codes Division,
transfer to the City and it's Building Official the responsibility and
authority to administer the building regulations within the
urbanizable land of the Bend UGB and to set appropriate fees for
building regulations.
2. Assist in any necessary transfer of authority from the State of
Oregon Building Codes Division and the State Fire Marshall to the
City for the administration of the building regulations within the
UGB.
3. Continue to process permits filed before July 1, 1998.
B. The City shall beginning July 1, 1998:
1. Receive approval from the Oregon Building Codes Division for
transfer of authority in accordance with Chapter 918 Division 20 of
the Oregon Administrative Rules.
2. Administer building regulations and receive all fees required for that
service and the proceeds from any fines within the UGB.
3. Set all fees for permits, processing, appeals and enforcement of
building regulations.
4. Assume responsibility to enforce all building regulations within the
UGB.
Article V: Land Use Authority Transferred.
A. Effective March 1, 1998, the County:
1. Transfers to the City the responsibility and authority to administer
land use regulations for all land use permits, limited land use
decisions or expedited land divisions requiring City sewer or water
agreements on urbanizable land.
2. Shall continue to have authority to process and decide
development permits and land use permits, limited land use
decisions or expedited land divisions filed before March 1, 1998,
and all applications for development permits and land use permits,
3 - EXHIBIT B TO JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA
0164-0454
limited land use decisions or expedited land divisions which do not
have sewer or water agreements required by the City. County shall
retain its authority over such pending applications until all appeals
have been exhausted and a decision is final.
3. Shall work with City staff in the preparation of City regulations and
standards including land use procedures, subdivision regulations,
zoning and related implementation regulations, and the proposed
new Comprehensive Plan for adoption by the County.
B. Effective July 1, 1998, the County transfers to the City all of the
County's remaining responsibility and authority to administer land use
regulations within the UGB, including but not limited to processing and
deciding all quasi-judicial applications for land use approvals
thereunder. Provided that the County shall continue to have
responsibility and authority to process and decide on applications for
development and land use approvals filed on or before June 30, 1998,
until such time as all appeals are exhausted and a decision is final,
and provided further that the County governing body shall make the
final decision on land use approvals it is required to consider under
ORS 215.431.
C. Effective March 1,1998, the City shall:
1. Have the authority to administer and enforce the land use
regulations adopted by the County for the urbanizable land for all
land use permits, limited land use decisions or expedited land
divisions requiring City sewer or water agreements.
2. Exercise decision-making authority in accordance with procedures
adopted by the County for the urbanizable land requiring City
sewer or water agreements.
3. Assume responsibility for issuance of delegated approvals and site
inspection duties necessary for the administration of the land use
regulations for the urbanizable land.
4. Set all fees for land use regulations, permits, processing, appeals
and enforcement.
5. Upon annexation, accept jurisdiction of all land use approvals for
any use within the area annexed and automatically transfer such
approvals from the County to the City.
4 - EXHIBIT B TO JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA
0164 04
6. Review County land use regulations and propose changes to the
County to make them consistent with City land use regulations for
adoption prior to July 1, 1998.
D. The City shall on July 1, 1998, assume responsibility and authority for
administering all land use regulations in the UGB, including but not
limited to processing and deciding all quasi-judicial approvals
thereunder, in accordance with the delegation set forth in subsection B
of this section and the conditions set forth in subsection C of this
section.
Article VI: Leaislative Amendments.
A. The City Council shall be responsible for making all legislative
decisions prior to review by the Board of County Commissioners.
Legislative amendments shall be consistent with the City/County Joint
Management Agreement.
Article VII: Addresses. Street Namina and Road Approach Permits (access
permits)on County Roads.
A. The City and the County shall initiate a program to consolidate the
addressing, street naming and road approach permit process. Until
this program is adopted, the County shall retain responsibility for these
functions for the urbanizable land, and the City shall collect County
fees for this program.
Article VIII. Code Enforcement.
A. The City and the County shall initiate a program to cooperate in the
transfer of code enforcement for the urbanizable land to the City
beginning March 1, 1998.
B. It is the intent of this agreement to transfer all code enforcement
responsibility for Building and Land Use Permits on urbanizable land to
the City by July 1, 1998.
Article IX. Employees.
A. The County shall endeavor to hold open vacant positions so as to
reduce the transfer of employees to the City to the greatest extent
practical. The County shall transfer no more than three equipment
operators. Any transfer of employees required by ORS 236.605 to
236.650 shall occur on July 1, 1998. The City shall inform any new
employees of the potential transfer of County employees and the
potential for seniority from a transferring employee in accordance with
5- EXHIBIT B TO JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA
0164-0456
ORS 236.620. The County shall be responsible for transferring funds
for vacations and other financial disbursements as required by ORS
236.605 to 236.650.
Article X. Historic Program.
A. The City shall support the Historic Preservation Program consistent
with the City's population as a percentage of the cost of the program.
Article XI. Northeast and Southwest Neiahborhood Refinement Plans.
A. Two neighborhood refinement plan projects are currently proposed to
be completed by the County at a cost of $110,095. $59,430 of the
cost is covered by State grants. $30,000 of the County cost is for a
consultant to initiate the Northeast neighborhood project.
1. The County will remain committed to the $30,000 costs for the
Northeast project.
2. The City will become a partner in the grants funding these projects
and commitments to participate in the projects.
3. The County shall provide staff and non -labor related support for the
Northeast project. The City shall reimburse the actual costs to the
County, not to exceed $7,500 for the Northeast project.
4. The City shall assume responsibility for the administration and
completion of the Southwest project.
Article XII. Fee Waivers.
A. Effective March 1,1998, the mutual fee waiver agreement between
the City and the County for land use or building permits shall be
void.
Article XIII. Appeals.
A. Appeals of administrative decisions regarding building regulations shall
be made to the Bend Building Code Board of Appeals or its successor.
Appeals of the City action shall be to the Oregon Department of
Commerce.
B. Appeals of administrative decisions within the UGB regarding land use
regulations shall be in accordance with Title 22 of the County Code.
By April 1, 1998, the County shall substitute the City Council for the
6 - EXHIBIT B TO JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA
0164-c457
Board of County Commissioners as the appeals body under Title 22 o
the County Code for decisions appealed from the Hearings Officer.
C. At the City's discretion, the City may defend administrative or judicial
review of its decisions regarding application of building or land use
regulations to land within the UGB.
Article XIV. Indemnification.
A. To the extent legally possible the City shall indemnify, hold
harmless, and defend the County, it's officials, agents, and employees
from and against any and all claims, damages, losses, and expenses
including attorney fees, arising in or from its performance or failure to
perform the responsibilities delegated to the City by the County. This
indemnity provision shall survive the termination of this agreement.
Article XV. Dispute resolution.
A. City and County planning and building staffs shall attempt to informally
resolve any disputes regarding conformance with this agreement or
regarding the terms, conditions, or meaning of this agreement.
Disputes which are not resolved through this informal process shall be
resolved by a joint meeting of the City Council and Board of County
Commissioners.
Article XVI. Term.
A. This agreement shall continue indefinitely unless terminated by either
party upon 12 months advanced written notification provided to the
other party.
Article XVII. Amendment.
A. This agreement may be modified in writing by mutual consent of both
parties. The parties recognize an obligation on the part of County to
extend the application of this agreement to lands included in the future
within the UGB and to adopt any future changes in the building
regulations or land use regulations made by the City for application to
the UGB.
Article XVIII. Severabilitv.
A. If any article, section, subsection, clause or phrase of this agreement
is determined by any court or arbitrator of competent jurisdiction to be
invalid or unenforceable for any reason, such determination shall not
7- EXHIBIT 8 TO JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA
0164-0458
affect the validity of the remaining agreement, which shall continue to
be in effect.
Article XVIV.
IN WITNESS WHEREOF, THE AUTHORIZED REPRESENTATIVES OF
THE CITY AND COUNTY AS PARTIES HERETO HAVE HEREBY AGREED:
CITY OF BEND
9y.
Recorder
BOARD OF COUNTY COMMISSIONERS
OF/DESCH TET COU1 TY, OREGON
.A' ' ice;
Nancy ' • Scli.angen, Chair
obert L. Nip • er,
ssioner
Linda L. gwearinge
ommissioner
T: TY1
Recording Secretary r
8 - EXHIBIT B TO JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA
JOINT WORK SESSION
UA OVERLAY DISTRICT
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CITY OF BEND
WORK SESSION DATE: APRIL 11, 2017
ACTION REQUIRED:
fMotion
nPublic Hearing Date:
nOrdinance 1st Reading Date:
nOrdinance 2nd Reading Date:
UResolution (roll call vote required)
®Information/Direction
nConsent Agenda (adopted by motion)
CITY COUNCIL ISSUE SUMMARY
SUBJECT: Joint Management Agreement (JMA)
and text amendments to the Bend Development
Code (BDC) and Deschutes County Code (DCC)
creating an Urbanizable Area (UA) Overlay
District for the properties located outside city
limits and in the Urban Growth Boundary (UGB)
CITY STAFF MEMBERS: Colin Stephens, AICP
Planner Manager; Pauline Hardie, AICP, Senior
Code Planner, Mary Winters, City Attorney
DEPARTMENT: Community Development
ADVISORY BOARD/COMMISSION
RECOMMENDATION:
nApproval
nDenial
None Forwarded
LNot applicable
Comments: City and County staff have been
working together since November, 2016 to draft
the proposed JMA, and BDC and DCC text
amendments. After the joint work session, the
Planning Commission will hold a work session
and public hearing, review the proposed code
amendments, and make a recommendation to
Council. The Council will then consider the JMA
and the BDC amendments. The Board of County
Commissioners (BOCC) will also consider the
JMA and DCC amendments and the zone
chane to UA Overla District.
RECOMMENDED LANGUAGE FOR MOTION: N/A
ISSUE / COUNCIL DECISION & DISCUSSION POINTS:
This is an informational presentation to familiarize the Council with the revised JMA and a new
Urbanizable Area (UA) Overlay District for the area recently added to the Bend UGB. The JMA will
be back to the Council for approval at a later date with the Overlay District ordinance (a work session
is scheduled for May and approval of both documents in June). Because the Overlay District is an
11Page
amendment to the development code, it will first be before the Planning Commission for a
recommendation to Council.
BACKGROUND: City staff (representatives from the City Manager's Office, City Attorney's office,
Planning Division, Private Development and Engineering, Building Services, Growth Management,
Streets, Administration, and the Engineering and Infrastructure Planning Department) have been
working with County staff (their planning and public works staff and county counsel) since November,
2016 on the proposed JMA, and BDC and DCC text amendments, which are necessary to implement
the development of properties in the urbanizable area.
JMA
In 1978, the City and County entered into an agreement for the Joint Management of the Bend Urban
Area (1978 JMA). The 1978 JMA set up formal procedures to implement the UGB and the Bend
Comprehensive Plan consistent with state planning laws. A revised JMA was approved in 1998 that
provided for the City to administer all planning and building codes within the UGB. It also set forth
responsibilities and procedures for changing the Comprehensive Plan, providing urban services,
having consistent development codes and standards, and for reviewing and commenting on land use
applications. Since the voter -approved mass annexation effective in July of 1999, there has been little
need to utilize the JMA. However, since the adoption of the UGB on December 6, 2016, it now needs
to be updated. The City has been operating under the existing JMA to provide the following services
in the urbanizable area consistent with the 1998 JMA:
• The Planning Division has been reviewing and approving all new development
applications.
• The Building Division has been reviewing all new building permit applications
including plan review and issuance of building permits and related inspections.
• Code Enforcement has been providing code enforcement services for violations of
the Building Code and Development Codes.
Deschutes County has maintained responsibility for development applications and building permits
that were submitted prior to December 6, 2016. In addition, the County continues to oversee all existing
and new permits and inspections for sewage treatment and dispersal systems for properties in the
UGB.
The revised and replaced JMA is intended to modernize the document and make it more consistent
with current planning practices and the policies behind the recently adopted Comprehensive Plan
policies and UGB Remand, without changing the productive and established working relationships
between city and county staff and departments. The following table compares the existing JMA with
the proposed JMA. There are no significant policy changes between the two versions. Planning and
building permit responsibilities are delegated to the City, while road authority remains with Deschutes
County until annexation.
21Page
Table 1 — Deschutes County / City of Bend Joint Management Agreement
Amendment
Key
Provisions
1. Applies only to Urbanizable Area
2. County delegates land use and building
permit authority to City of Bend in the UA
3. County delegates code enforcement
exclusively for land use and building permit
cases to City of Bend in the UA
4. Deschutes County retains authority for on-site
wastewater program and any code
enforcement related to it
5. City of Bend has exclusive jurisdiction for all
quasi-judicial development applications and
Comprehensive Plan and map amendments
6. County has final decision making authority of
legislative amendments in the UA
7. Sanitary districts in the UA shall not be formed
except as consistent with the Bend
Comprehensive Plan (not allowed)1
8. Water districts in the UA shall not be formed
except as consistent with the Bend
Comprehensive Plan (not allowed)
1998 JMA
(Current
Agreement)
No, also applies to
Bend Urban Area
Reserve
Yes
Yes
Yes
Yes
Yes
Not allowed
JMA encourages
annexation over
"the formation or
expansions of
special districts"
Proposed JMA
Yes
Yes
Yes
Yes
Yes
Yes
Not allowed
Not allowed
' The restrictions on formation of special districts implement recently adopted Comprehensive
Plan Policies:
Plan Management and Citizen Involvement, Urban Planning Coordination, Policy 1-5: No new
water or sewer service districts shall be created within the UGB without the concurrence of the
city. (CP p.18)
Public Facilities and Services, Sewer Collection Facilities, Policy 8.2: The city is the primary
provider of sewage collection and treatment services for the City's service area under Statewide
Planning Goal 11. (CP p. 133)
31Page
9. County roads existing within the UA will
remain under county jurisdiction and
maintenance until annexation
10. Any new roads or upgrades not related to
maintenance or repair in the UA associated
with development will be built to City
standards or require payment in -lieu
11. City of Bend has authority to charge water,
sewer, and transportation SDCs in the UA.
Yes
JMA is ambiguous
JMA is ambiguous
12. County delegates to the City authority to No
review applications and issue sign permits in
the UA
13. County delegates to the City authority to
assign addresses
Yes
Yes
Yes. Prior to the City
updating its
Transportation SDC
methodology to include
properties in the
UA, the City will collect
County transportation
SDCs and remit the
proceeds to the County
Yes, using the Bend Code.
County retained until Yes, using the Bend Code.
a program was to be
developed
The proposed JMA also removes any reference to the "Urban Area Reserve (UAR)" since the State
determined during the UGB expansion process that the UAR designation has no effect under state
law other than the effect that arose from the exceptions to Statewide Planning Goals 3 and 4 adopted
for those areas. The UAR designation and various references were removed from the City's
Comprehensive Plan but remains in Deschutes County's Comprehensive Plan as a plan designation
specific to lands located around the Bend UGB including, but not limited to, Tetherow Resort,
Cascade Highlands, Miller Tree Farm, Gulpher Gulch, and properties owned by Matt Day and the
Coats family.
Urbanizable Area (UA) Overlay District
The proposed UA Overlay District would be codified in both the City and County codes as DCC Title
19A and BDC 2.8. The purpose of the UA Overlay District is to preserve Targe areas of undeveloped
or rural land for future urban development prior to annexation. In order to achieve the goals and
policies adopted as part of the UGB expansion, and reflect state laws requiring consistency between
Comprehensive Plans and zoning, development needs to occur consistent with the underlying
Comprehensive Plan designation. Therefore, the applicable zoning must protect the policy intent of
the Comprehensive Plan. It is important to remember that lands included in the UGB were sought
after by land owners with the goal of converting rural uses to urban uses as it increases development
potential and property values. Zoning which protects land from rural development which inhibit
efficient urban development will maximize the opportunity for land owners to realize the full potential
of urban development. The UA Overlay District is also intended to promote the livability, stability,
Wage
safety and improvement of the City by allowing orderly development consistent with the Bend
Comprehensive Plan.
The UA Overlay District includes permitted land uses such as single-family detached dwelling units,
accessory dwelling units (ADUs) and accessory structures, manufactured homes, home occupations,
farm uses, agricultural buildings, and bed and breakfast inns. The District includes lot area (20 acres
minimum) and dimension (lot coverage, setbacks and building height) requirements and additional
development provisions.
Minor amendments are also proposed to the DCC (Chapter 15.08 Signs, Chapter 15.08A City of Bend
Sign Code Ordinance No. 1495, Title 17 Subdivisions, Title 17A City of Bend Subdivision Ordinance
No. NS 1349, and Title 19 Bend Urban Area Zoning Ordinance) to add clarifying language and remove
antiquated references.
CURRENT YEAR BUDGET IMPACTS IDENTIFIED BY DEPARTMENT: The proposed amendments
will not have a significant impact to the current year's budget.
DEPARTMENT DIRECTOR REVIEW:
Reviewed by: Russell Grayson Date: 04/05/17
FINANCIAL REVIEW:
Reviewed by: Rosemary Schaefer Date: 03/29/17
LEGAL REVIEW:
Reviewed by: Mary Winters Date: 4/4/17
COMMUNITY OUTREACH PROCESS AND POTENTIAL IMPACTS: Future public outreach includes
mailing a Measure 56 notice and informational letter to the properties in the proposed UA Overlay
District, emailing the draft to the Bend Development Code Committee for their review, providing public
hearing notices in the Bend Bulletin for Planning Commission and City Council and also providing public
hearing notices to the neighborhood associations.
ATTACHMENTS:
A. 1998 JMA
B. Draft JMA
C. Draft BDC amendments
D. Draft DCC amendments
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CITY OF BEND
WHAT CAN MEDIAN INCOME EARNERS AFFORD?
SOURCE: ECONorthwest, based on HUD Housing Affordability schedule, 2015
CITY OF BEND
Housing Available
Housing Deficit
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My CCBHC Covers Me
Deschutes County Health Services is happy to announce we are now established as a
Certified Community Behavioral Health Clinic or CCBHC.
What does this mean for you?
Being a CCBHC does not mean that your current services will change. It does mean that you will have
access to increased coordinated care and services that consider your whole health including your
mental and physical health. We work with you to help you manage:
• your mental and emotional health by providing counseling, skills classes, substance use
intervention, support services and medication assessment and management
• your physical health by assessing your physical health concerns, communicating with your
primary care provider, and making health care referrals
We understand that good health is something we work on in episodes of care over the course of our
lives. During each episode of your care, we are committed to:
• creating a safe, respectful and accessible environment for you
• understanding your culture and how your experiences have shaped your life
• working with you to identify the goals most important to you
• helping you select the best interventions to address your mental health needs
• including your family and support people in your services when that is important to you
What changes will CCBHC bring to DCHS?
Beginning in April, 2017, you will see some new things at DCHS:
• You will have a brief health screening that includes taking your weight and height and talking
with you about any health concerns you have.
• You will be able to give feedback to your provider about how you're doing through brief surveys
each time you come for an individual or family appointment.
Certified Community Behavioral Health Clinics
Oregon is one of eight states selected to pilot a new model of behavioral health care
(mental and substance use treatment), called Certified Community Behavioral
Health Clinics (CCBHC). Deschutes County Health Services Behavioral Health
Division has been selected to be one of thirteen provider organizations within
Oregon.
The National Council for Behavioral Health states, "Certified Community
Behavioral Health Clinics (CCBHC) are poised to revolutionize behavioral health
care and strengthen services for those who most need them. Organizations are
preparing to meet CCBHC requirements in the areas of finance, service delivery and
partner collaboration."
The two-year CCBHC demonstration pilot will allow Oregon to further bridge the
service gap and enable us to treat health issues more comprehensively by expanding
and improving access to quality behavioral health care for individuals with serious
mental illness.
Being selected as a demonstration state is the result of an extensive planning
process. DCHS successfully completed the Oregon Health Authority's certification
process and is ready to begin implementation of the CCBHC pilot in April 2017.
What win this __.mean -7
Increased collaboration between
behavioral health and primary care
providers
Improved coordination of care with
community partners
• Increased capacity to provide services to
underserved populations such as veterans
and older adults
• Increased ability to track treatment
efficacy and outcomes
• Contribution to health care transformation
at a national level
For more information on the
CCBHC Demonstration Project,
visit:
-SES
0 / -C Board of Count Commissioners
The Deschutes County Board of Commissioners is monitoring a wide variety of bills introduced during the 2017 legislative
session, including those that address affordable housing, health care, land use, marijuana sale and production, public
employee retirement system reform, public safety, revenue and taxes, and transportation funding. The following are three
examples of important issues of interest to the County:
Housing Options
A variety of bills have been introduced in the Legislature that, if passed, will give counties additional flexibility to expand
housing options in specific situations. Several bills did not meet last week's deadline to have a work session scheduled but
may later be included in other legislation. However, Senate Bill 1024 remains active. This bill is permissive, giving counties
the discretion to permit accessory dwelling units (ADUs) on land zoned as rural residential. A work group of legislators and
stakeholders is meeting regularly to craft compromise legislation that can be broadly supported. The work group leaders
provided an update to the House Committee on Agriculture and Natural Resources on April 6. Some of the draft sideboards
proposed for rural ADUs include: A 2 -acre minimum for attached units and a 4 -acre minimum for detached units; a
maximum footprint of 900 square feet; prohibited in an urban reserve; not allowed to be used as a short-term rental (rented
for a period of less than 60 days). Counties would have discretion to impose additional conditions as well.
Land Development
House Bill 2222, sponsored by Senator Knopp and Representatives Gene Whisnant and Buehler, was based on the
completion of a pilot project recently conducted in southern Oregon to re-evaluate resource (farm and forest) lands and
potentially change those lands to new rural land use designations. If passed, it would have allowed Deschutes County to
retain high-value farm and forest lands in its comprehensive plan, while re-evaluating and more accurately designating lands
with poor soils not suited to growing crops or that have previously been classified in error, such as rural subdivisions zoned
Exclusive Farm Use (EFU) or Forest. HB 2222 was supported by the Deschutes County Board of Commissioners, but
appears to have been opposed by Central Oregon Land Watch.
Although the bill, as introduced, was not scheduled for a work session within the required timelines, Deschutes County will
continue to pursue other options to achieve the same goal.
Recreational Immunity
Senate Bill 327 provides immunity from claims of liability against recreational land -owners and their employees and agents.
This bill was introduced in reaction to a 2016 court case which had the effect of removing long-standing protections granted
by the 1971 Oregon Public Use of Lands Act and threatens both the availability of lands for recreational use and outdoor
and tourism -based economies. Unless recreational immunity is restored, Deschutes County land -owners, including public
agencies, may be less likely to make their properties available for public use, due either in fear of potential lawsuits or from
an inability to pay the high cost of insurance premiums. Within Central Oregon, signature outdoor events such as the Pole
Peddle Paddle, Winterfest, and Cascade Cycling Classic may be impacted.
The bill is making significant progress and passed out of the Judiciary Committee with a do pass recommendation. It is
scheduled to receive a third reading in the Senate on April 11.