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2017-449-Minutes for Meeting June 21,2017 Recorded 7/25/2017
Recorded in Deschutes County Nancy Blankenship, County Clerk CJ2017-449 Commissioners' Journal 07/25/2017 10:00:25 AM IIIIIIIIIIIIIIIIIIIIIIIIIIiiii 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 MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, JUNE 21, 2017 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Tammy Baney, Phil Henderson and Anthony DeBone. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Ross, Board Executive Secretary. Various members of the community were present as well as one representative of the media was in attendance. CALL TO ORDER: Chair Baney called the meeting to order at 10:05 a.m. PLEDGE OF ALLEGIANCE CITIZEN INPUT: • William Brewer — 4 Peaks Music Festival. Mr. Brewer is not opposed to the festival but he lives on EFU land and the impact on wildlife and farm animals of having that event in that private area and the amount of trailers off the property. • Alyssa Minar — 4 Peaks Music Festival. Ms. Minar is a junior in high school and is a member of part of 4H and FFA and raises rabbits and having the music festival next to their house was hard on her animals and the event activities have caused stressed to them. Minutes of Board of Commissioners' Business Meeting June 21, 2017 Page 1 of 7 • Alea Minar — 4 Peaks Music Festival. Ms. Minar is 13 years old. She has expensive animals but is most concerned about her dogs while the music festival is less than 30 feet from their property. She owns a rare breed dog which makes thein a high target for theft. She spoke on the fencing around the property of the festival. • Steve Minar — 4 Peaks Music Festival. Mr. Minar owns a home on Heidi Lane right next to the festival site. He thanks the Commissioners and the Sheriff's Office for their service. He spoke on disregard of permit regulations causing harm to neighbors. He feels there is a breakdown in the system for planning and enforcement of events. • Susan Long — 4 Peaks Music Festival. Ms. Long has lived on Bobcat Road since 1970. She thanks the Commissioners for their time. Ms. Long spoke on concerns of safety and noise during the event. Ms. Long commented on the lack of enforcement and violations of sound by the venue as well as the amount of drugs and alcohol. Ms. Long noted her livestock and her family were affected. She commented private lands are not the place for this type of event where bad behavior is allowed. • Kathy Minar — 4 Peaks Music Festival. Lives on Heidi Lane. Thanks the Sheriff's Office and Commissioner Henderson. She submitted photographs showing the distance from her home. Ms. Minar noted various violations to the permit. 4 Peaks was not a nice neighbor and they violated their permit. Commissioner Baney thanked everyone for presenting and stated the Commissioners will work with the Community Development Department and Sheriff's Office and share this information regarding their testimony. Commissioner Henderson commented on his concern of events impacting neighbors and encourages the Board to look at this for future events as well. Commissioner DeBone noted the value of their input. CONSENT AGENDA Before the Board was Consideration of Approval of the Consent Agenda. Commissioner Henderson requested to move Consent Agenda Item #8 to Action Items for discussion. HENDERSON: Move approval of Consent Agenda Items 1 - 7. DEBONE: Second. VOTE: HENDERSON: Yes. DEBONE: Yes. BANEY: Chair votes yes. Motion Carried Minutes of Board of Commissioners' Business Meeting June 21, 2017 Page 2 of 7 Consent Agenda Items: 1. Consideration of Board Signature of Resolution No. 2017-028, Declaring Certain Personal Property Surplus and Directing Disposition 2. Consideration of Board Signature of Order No. 2017-014, Cancelling Uncollectible Personal Property Taxes of $58,599.65 3. Consideration of Signature of Order NO. 2017-017, Setting a Construction Speed Limit of 25 mph for Cascade Lakes Highway from MP26.14 to MP 27.28 4. Consideration of Signature of Order No. 2017-018, Establishing a Temporary No -Parking Zone Within the Public Right of Way on or Adjacent to Cascade Lakes Highway on Both Sides of the Road Between MP 26.34 and MP 26.27 5. Consideration of Board Signature of Order No. 2017-019, Declaring Certain Deschutes County Personal Property Surplus and Authorizing Sale 6. Consideration of Board Signature of Order No. 2017-020, Approving SDC Installment Payment Plan 7. Consideration of Signature of Document No. 2017-287 a Grant Agreement with the Heart of Oregon Corps fore Support Services 8. Consideration of Board Signature of Document No. 2017-399, Helion Software Maintenance Agreement ACTION ITEMS 9. Consideration of Board Signature of Document No. 2017-399, Helion Software Maintenance Agreement Scot Langton, County Assessor presented the document for consideration. Commissioner Henderson asks for clarification of the coverage of this agreement. Mr. Langton noted this agreement covers the annual contract for services from cartography through property tax and is the whole assessment and taxation package. Mr. Langton explained the complexity of the system and the available systems within the state noting this is the most cost effective system. DEBONE: Move approval HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes BANEY: Chair votes yes. Motion carried Minutes of Board of Commissioners' Business Meeting June 21, 2017 Page 3 of 7 10. PRESENTATION: Deschutes County Bicycle and Pedestrian Advisory Committee Awards Presentation. Matt Martin, staff liaison on the Deschutes County Bicycle and Pedestrian Advisory Committee noted the committee was formed to encourage safe transportation for bicycles and pedestrian. Cheryl Howard, City of Bend Volunteer Coordinator serves as chair of the committee and thanked the Board for the opportunity to present the important awards to our community. The awards began with the Safe Sidewalks awards. The chain -ring awards were also presented. 11. Before the Board was Consideration of Signature of Order No. 2017-029, Establishing Solid Waste Disposal Fee Waivers for Fiscal Year 2017-18 Timm Schimke, Director of Solid Waste presented the Order for consideration. The Board has established a fee waiver program for non-profit organizations. Mr. Schimke explained the process of the program. Over the past year, $4,450 was waived last year. DEBONE: Move approval HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes BANEY: Chair votes yes. Motion carried 12. Continuation of Public Hearing: Consideration of Board Signature of Resolution No. 2017-019, Adopting the Fiscal Year Fee Schedule for Deschutes County Christina Partain, Finance Department, presented the continued hearing from the business meeting of June 14, 2017. Nick Lelack, Director of Community Development Department resumed discussion on the Planning Division fees including Lot of Record. Commissioner Henderson is not supportive of the fee schedule as it is presented for fees noted for Health Services Department and also is not convinced the Community Development Department fee increase is necessary. Commissioner DeBone is supportive of the fee schedule and noted the added capacity in the Community Development Department. Commissioner Baney explained fees usage is restrictive and sees an incremental increase is an appropriate direction for Community Development Department and for Health Services Department as fees are moving towards actual cost of services rendered. Minutes of Board of Commissioners' Business Meeting June 21, 2017 Page4of7 DEBONE: Move approval, minus fees CDPN 47, CDPN 48, and CDPN 49 BANEY: Second Discussion: Commissioner Henderson noted his interest in learning more of the actual costs of medical care. VOTE: DEBONE: Yes HENDERSON: No BANEY: Chair votes yes. Motion carried Chair Baney continued the public hearing to 10:00 a.m. on Wednesday, June 28th at the scheduled Business Meeting. 13. Continuation of Public Hearing: Consideration of Adoption, Community Development Department Annual Report and Work Plan Nick Lelack, Director of Community Development Department presented the work plan for continued consideration as well as work plan project potential revisions. Peter Gutowsky, Senior Planner spoke on staffing and services provided. Commissioners gave input on suggested revisions to the work plan. HENDERSON: Move approval as amended with revisions recommended. DEBONE: Second. VOTE: HENDERSON: Yes DEBONE: Yes BANEY: Chair votes yes. Motion carried CONVENED AS THE GOVERNING BODY OF THE BLACK BUTTE RANCH COUNTY SERVICE DISTRICT 14. Before the Board was Consideration of letter of reappointment to Carl Burnham for a term through June 30, 2020. DEBONE: Move approval HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes BANEY: Chair votes yes. Motion carried Minutes of Board of Commissioners' Business Meeting June 21, 2017 Page 5 of 7 CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 15. Before the Board was Consideration of Signature of Document No. 2017-421, a Collective Bargaining Agreement between Deschutes County 9-1-1 Service District and the Deschutes 9-1-1 Employees Association Erik Kropp reviewed the process taken to the point of the recommendation to present the agreement to the Board for consideration. Steve Reinke reported on the language changes. DEBONE: Move approval HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes BANEY: Chair votes yes. Motion carried 16. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District, in the Amount of $106,909.82 DEBONE: Move approval, subject to review HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes BANEY: Chair votes yes. Motion carried CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 13. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District, in the Amount of $4,580.21 DEBONE: Move approval, subject to review HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes BANEY: Chair votes yes. Motion carried Minutes of Board of Commissioners' Business Meeting June 21, 2017 Page 6 of 7 RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 14. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County, in the Amount of $1,757,847.29 DEBONE: Move approval, subject to review HENDERSON: Second County Administrator Anderson noted $848,000 for the overlay project of Northwest 43'd and Chinook and $58,000 for the NACO WIR Conference which was entirely covered by sponsorships. VOTE: DEBONE: Yes HENDERSON: Yes BANEY: Chair votes yes. Motion carried OTHER ITEMS: None were offered. ADJOURN Being no further items to come before the Board, the meeting was adjourned at 12:07 p.m. DATED this Day of County Board of Co missioners. A7011W Recording Secretary 2017 for the Deschutes Tammy Baney, C Anthony DeBone, Vice Chair Philip G. n, ommissioner Minutes of Board of Commissioners' Business Meeting June 21, 2017 Page 7 of 7 TSS oDeschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 AM, WEDNESDAY, JUNE 21, 2017 Barnes and Sawyer Rooms - Deschutes Services Center — 1300 NW Wall Street — Bend Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be considered or discussed at the meeting. This notice does not limit the ability of the Board to address additional subjects. Meetings are subject to cancellation without notice. This meeting is open to the public and interested citizens are invited to attend. Business Meetings are usually recorded on video and audio, and can be viewed by the public live or at a later date; and written minutes are taken for the record. CALL TO ORDER PLEDGE OF ALLEGIANCE CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Please complete a sign-up card (provided), and give the card to the Recording Secretary. Use the microphone and clearly state your name when the Board Chair calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing not being conducted as a part of this meeting will NOT be included in the official record of that hearing. If you offer or display to the Board any written documents, photographs or other printed matter as part of your testimony during a public hearing, please be advised that staff is required to retain those documents as part of the permanent record of that hearing. CONSENT AGENDA 1. Consideration of Board Signature of Resolution No. 2017-028, Declaring Certain Personal Property Surplus and Directing Disposition. 2. Consideration of Board Signature of Order No. 2017-014, Cancelling Uncollectible Personal Property Taxes of $58,599.65 3. Consideration of Signature of Order No. 2017-017, Setting a Construction Speed Limit of 25 Mph for Cascade Lakes Highway from MP 26.14 to MP 27.28 Board of Commissioners Business Meeting Agenda of 3 Wednesday, June 21, 2017 Page 1 4. Consideration of Signature of Order No. 2017-018, Establishing a Temporary No - Parking Zone Within the Public Right of Way on or Adjacent to Cascade Lakes Highway on Both Sides of the Road Between MP 26.34 and MP 26.47 5. Consideration of Board Signature of Order No. 2017-019, Declaring Certain Deschutes County Personal Property Surplus and Authorizing Sale. 6. Consideration of Board Signature of Order No. 2017-020, Approving SDC Installment Payment Plan 7. Consideration of Signature of Document No. 2017-287 a Grant Agreement with the Heart of Oregon Corps for Support Services 8. Consideration of Board Signature of Document No. 2017-399, Helion Software Maintenance Agreement ACTION ITEMS 9. PRESENTATION: Deschutes County Bicycle and Pedestrian Advisory Committee Awards Presentation - Matt Martin, Associate Planner 10. Consideration of Board Signature of Order Number 2017-029, Establishing Solid Waste Disposal Fee Waivers for Fiscal Year 2017-18 - Timm Schimke, Director of Solid Waste 11. CONTINUATION OF PUBLIC HEARING: Consideration of Board Signature of Resolution 2017-019, Adopting the Fiscal Year Fee Schedule for Deschutes County - Christina Partain, Accounting Technician 12. CONTINUATION OF PUBLIC HEARING: Consideration of Adoption, Community Development Department Annual Report and Work Plan - Nick Lelack, Community Development Director CONVENE AS THE GOVERNING BODY OF THE BLACK BUTTE RANCH COUNTY SERVICE DISTRICT 13. Consideration of Board Signature of letter of reappointment to Carl Burnham for a term through June 30, 2020 CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 14. Consideration of Board Signature of Document No. 2017-421, a Collective Bargaining Agreement Between Deschutes County 9-1-1 Service District and the Deschutes 9-1-1 Employees Association, July 1, 2016 - June 30, 2020 - Erik Kropp, Deputy County Administrator Board of Commissioners Business Meeting Agenda of 3 Wednesday, June 21, 2017 Page 2 15. Consideration of Approval of Weekly Accounts Payable Vouchers CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 16. Consideration of Approval of Weekly Accounts Payable Vouchers RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 17. Consideration of Approval of Weekly Accounts Payable Vouchers OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2)(b), personnel issues; or other executive session categories. Executive sessions are closed to the public; however, with few exceptions and under specific guidelines, are open to the media. ADJOURN To watch this meeting on line, go to: www.deschutes.orq/meetings Please note that the video will not show up until recording begins. You can also view past meetings on video by selecting the date shown on the website calendar. targ LIDeschutes County encourages persons with disabilities to participate in all programs and activities. To request this information in an alternate format please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.orq/meetingcalendar (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Board of Commissioners Business Meeting Agenda of 3 Wednesday, June 21, 2017 Page 3 G Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ T E AGENDA REQUEST & STAFF REPORT For Board of Commissioners Business Meeting of June 21, 2017 DATE: June 15, 2017 FROM: Matt Martin, Community Development, 541-330-4620 TITLE OF AGENDA ITEM: PRESENTATION: Deschutes County Bicycle and Pedestrian Advisory Committee Awards Presentation PUBLIC HEARING ON THIS DATE?: No BACKGROUND AND POLICY IMPLICATIONS: The Deschutes County Bicycle and Pedestrian Advisory Committee (BPAC) has selected the 2017 "Big Chainring" Award recipients. Since 1996, the Big Chainring Awards have been awarded annually to honor individuals, businesses, public agencies, and advocacy groups that have made significant contributions in the support of better bicycling and walking in Central Oregon. The winners are: Matt Cromwell (Individual Category) and City of Redmond Public Works Department (Agency Category). The BPAC has selected the 2017 "Safe Sidewalks" Award recipients. Since 2006, the Safe Sidewalks Awards have recognized those businesses and property owners who not only fulfill, but also often exceed the legal requirements of keeping their sidewalks safe and clear of debris and hazards this past year. Staff and BPAC members request that the Board assist in the presentation of the awards this year. The winners are: Individuals: Bryce Duncan, Connor Duncan, Kyle Litttlejohn, John Lucey, and Tristin Riley Businesses: Bellatazza, Bivens Automotive, Bond Street Barber Shop, Central Oregon Radiology Associates, Downtown Bend Business Association, Empire Stone Company, First Street Business Park, Kendall Automotive, La Pine Ace Hardware, McKay Cottage and the Redmond Fred Meyer. Staff and BPAC members request that the Board assist in the presentation of the awards this year. FISCAL IMPLICATIONS: none. ATTENDANCE: Matt Martin, Associate Planner; Cheryl Howard, BPAC Chair RECOMMENDATION & ACTION REQUESTED: Staff requests and recommends the Board assist in the presentation of the awards. 0 Subject: BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Name 60< A Address 7> Date: Phone #s • ,oP (•,'7 4 c, _ E-mail address In Favor tAj 1:61'4? LC:A (-2 4 0'4444 Neutral/Undecided Submitting written documents as part of testimony? es If If so, please give a copy to the Recording Secretary for the record. Opposed No Susan Long Meeting tomorrow Jun 20, 2017, 9:02:09 PM Steve Minar My plan is to thank the commissioners that took the time to see the lay of the land. I would highly recommend that when issuing permits as controversial as this one, before hand, it might have changed things, if a look see would have been done, like the Arnold Irrigation ditch, the Targe " hydroponics" less than 500 ft away, the close proximity to the neighbors, the site having unauthorized access points on Sholes Rd, Heidi Lane, and Bobcat, I think it's called due diligence. The presence of this concert will also place a costly hit on our property values, and this might be just what the venues property owner wants as they continue to buy up land along Knott Rd. These permits have no teeth, told that repeatedly by law enforcement, liken the concert organizers to a child that never gets a clear boundary, consequence and still gets their allowance. They did it in Tumalo, now here. These Festivals are known for pushing limits and counterculture, the no rules mind set, that's why private sites are being used. Law enforcement has very limited ability to act on infractions to noise, trespassing, and night rough behavior that the neighbors have to endure. The Four Peaks festival chose to site the camping literally in the back yards of their neighboring land owners, amplifying the noise, dust and potential and real conflicts. As a nurse, on Monday this week, I spoke with several individuals that I work with that attended this concert. Bree, a reg nurse whose husband is in a band that was booked there at this festival said last year they had problems with the disorganization but this year after their set on Thursday they walked out without pay, forgoing playing thru out the weekend, due to poor management, in her words, a shit show. Amy, another nurse said they camped Thursday thru Saturday but campers did actively stay as early as Wednesday ( her friends) but they laid low, she couldn't tell me exactly why. She did share that there was " lots of drugs and alcohol" in the camping area, and she never saw security in the area they stayed, she was concerned about the close proximity to homes, but they still their played music each night until 5am at their camp site. Cait, another nurse, volunteered at the gate, she was aware or three to four "real security people" but most are volunteers in exchange for admission. A nurse who worked the medical tent also said she sees a lot of " drug related visits" but all staff are also volunteers for admission compensation. Private lands are not sites for rock, country or any other type of festivals, they are not secure, it devalues surrounding property, it causes bad blood between neighbors, they are sketchy at best, and at worst they, by the blatant lack of regard for the rules of the permit, from the top to the bottom, bad behavior is encouraged. Deschutes County paid for a lovely event center for this large of a venue, it should be there, or Mt Bachelor, but these concert organizers pay pennies on the dollar to property owners to host these free for alts. It is my feeling that for profit event such as the Four Peaks music festival not be allowed on land designated EFU, and events of this magnitude be sent to legitimate events centers with secured venues and paid staff for safety. Sent from my iPhone 54 4O8 544 Subject: Name Address BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK tai v W L l? I t 41" C✓` Date: l( Sbp, s Phone #s r) 0 2- ) ti(sI ) E-mail address Ca; )i%d 1 r jSa r ice. In Favor Neutral/Undecided M Opposed Submitting written documents as part of testimony? Yes •C No If so, please give a copy to the Recording Secretary for the record. clo • cr O '71 • CD CD P O Q. O O Oss CD CD Cn CD O P • 0 �� CD S. 0 o •J O CD 0 0 0 CD rn 0 papiaapu fuei naN O 0 rn SD - ssa ippu i uz-i •Y� 5 s# auoud Z C/) CI. P 0 0 k N y 0 m BOARD OF COMMISSIONERS' MEETING 11111 630644673 Minar, Steve Order: 349104107-1 Order Placed: 6/20/2017 7:20 PM Order Due: 6121/2017 1:00 PM Phone: 541-848-0652 Envelopes: 1 of 2 Autocorrect: Yes Pickup Location: 101 Item # DgliC Rt o.0 Price X13 25160 8x12 Lustre $23.27 $1.79 each 11111,111111111111 111111, Subtotal $23.27 (tax not included) PAYMENT REQUIRED 13 images, 13 prints. 43MB 5x C YC+ CENTER Subject: z BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK eAcR t Name jfLLA 1, Address Phone #s E-mail address LAN In Favor Favor Neutral/Undecided 1 Date: Submitting written documents as part of testimony? ay es If so, please give a copy to the Recording Secretary for the record. Opposed No HI I'm Kathy Minar, I live on Heidi Lane. There are so many violations I don't really know where to start. But since my time is limited I will focus on one issue. I want to stress this is just one of many issues. I would like to start by thanking the Sheriffs that responded to my calls for their professional and respectful responses. I would also like to thank Phil Henderson for coming to my home to see the situation first hand. One thing I found frustrating was that there is nothing in the permit delineating penalties or actions that can be taken when violations are made to stop or correct the violation. After experiencing the event and all the violations that occurred it felt like the permit was a guide for good behavior, a standard that was expected. There were no teeth during the event to enforce the guidelines in the permit. The first violation occurred before the music ever started. On Wednesday evening we had campers/ trailers/ tents on the Stevenson property. On page 2 of File No: 247-16-000694-OMG, it clearly states that camping will be provided on - site beginning at 12pm on Thursday June 15th. There was smells of food being cooked, lights on at night, obviously camping. When I called the Security for the event, Damon Lieberman, he stated that was "set up" and that I miss interpreted the permit. Set up is very different than camping. I called the Sheriff. The Sheriff told me he was only one guy and that he couldn't possibly get all the campers to leave. He agreed that they were camping. The next violation that I want to discuss was the next morning. 4 Peaks Presents sent an email to the campers stating that if they had to arrive early they could come into the holding area and stay with their vehicles until noon. I took my daughter to dog 4H at 10 am and there were 40-50 trailers already in the holding area. When I returned at 11:30 the holding area was empty and there were well over 200 campers already settled up on the Stevenson Property. On Friday morning at 10 am the loud speakers were being tested for 30 minutes. On page two of the permit it states that the festival music would start at noon. On Saturday evening the amplified music was to end at 10pm. Page 10 of the same document states that the event is not to exceed 50 decibels after 10pm. We called the sheriff at -'4 for a db reading of -4 . The Sheriff called 4 Peaks head of security who told him that they had another 20 minute set. We just had to endure the violation. The 4 Peaks security had no intentions of complying with the permit and reducing the volume. The Sheriff had no recourse. There were no guidelines for the officer to enforce the permit. On Saturday night at 2 am, my dogs were going crazy. I got up to find a car parked in my driveway. The car left when I turned on the lights. I'm not sure if my dogs were barking at the car or all the noise that was coming from the camping area . I called the sheriff at 2 am. Again the location of the campers made it difficult for the sheriff to evaluate safety or violations. I did not climb the fence to investigate what was happening. But I do know of two incidents that my neighbors may discuss where drugs and alcohol were excessive and lifesaving and medical intervention were required. Again we had to endure noise and unsafe behavior and a trespassing violation (page 2 item 29 alcohol and 30 drug 27 preserving order). The last violation I want to bring up was Tuesday morning (two days after the event) at 3:30am and 5 am. Page 2 states that on Monday June 19th break down of equipment and site clean-up will conclude by end of day. At 3:30 am work on fencing was occurring and a generator was being run. Both noise violations and very inconsiderate. Again as neighbors we had no recourse. We just had to endure another violation. As I stated earlier, the permit seems like a polite agreement between 4 Peaks Presents and the County Planning Commission. This guides was written to attempt to make 4 Peaks a nice neighbor and to ensure guest and public safety. 4 Peaks was not a nice neighbor nor was the event safe. They violated the permit guidelines many times and demonstrated no remorse or attempts to alter their event when violations were pointed out and did not adequately monitor the camp ground to ensure safety. 22. Thirty days prior to the event, the operator shall install and receive approval by the County Road Department, a gravel approach apron onto Knott Road to protect the edge of the existing pavement and to allow better ingress/egress for vehicles. The gravel approach will need to be a minimum of 20 feet in width to allow two-way traffic into the venue. The length of the gravel apron will be 25 feet from edge of pavement. The operator shall also remove two small bushes located to the west of the entrance to improve visibility for vehicles leaving the event. 23. Thirty days prior to the event, the operator shall submit to the Community Development Director and County Sheriff, the names and necessary background information for all traffic - control and crowd -control personnel to be utilized during the Outdoor Mass Gathering. 24. Operator shall adhere to the proposed site plan that shows the parking area. 25. This permit shall be posted in a conspicuous spot on the property during the course of the event. 26. The operator and/or property owner will provide access to the premises for inspection purposes by law enforcement, public health, and fire control officers based on the terms and conditions of the permit. If deficiencies are identified following an inspection, the inspector may return as often as needed until the deficiencies are cured. If the deficiencies are not cured or if the County determines that the deficiencies cannot be cured then the operator expressly consents that the County Sheriff is authorized to take any and all necessary actions to terminate the Outdoor Mass Gathering. The burden of preserving order to the proposed event shall be with 4 Peaks Presents, LLC. 28. All debris will be removed within 72 hours after the event termination. All temporary structures shall be removed within 3 weeks of event termination. No person shall be permitted to bring alcohol onto the premises. This shall not apply to the sale and consumption of alcohol from a State of Oregon licensed facility located on the premise. No narcotic or illegal/dangerous drug use will be permitted at the premises. 31. The operator shall meet the requirements of DCC 8.16.250, Public Safety. 32. Parking services will be provided by 4 Peaks Presents, LLC and will include a minimum of six traffic control and parking monitors for each shift. 33. The amplified music shall meet the requirements of DCC 8.16.290. A sound level in excess of 70 decibels prior to 10:00 p.m. and in excess of 50 decibels after 10:00 p.m. (as measured upon the A scale of a standard sound level meter on affected property) shall constitute a violation of the Deschutes County Code. 34. The Outdoor Mass Gathering shall not be conducted, including set-up, placement, storage, staging, removal or similar action of any equipment, materials, structures, vehicles, supplies and so forth, in the unincorporated areas of the County within 1,000 feet of any residence between the hours of 12:01 a.m. and 9:00 a.m. The proposed late night music venue shall end at 12:00 a.m. 35. If the irrigation pond located on-site is less than 50 percent full one-week prior to the event, the operator shall provide a water truck at the event for fire suppression. Any decision by the Board of County Commissioners on an application for a permit to hold an outdoor mass gathering may be appealed to circuit court for the county as provided in ORS 34.020 to 34.100. Copies of the decision, application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost. Copies can be purchased for 25 cents per page. Dated this 4th day of January, 2017 Mailed this 4th day of January 2017 247-16-000694-OMG 2 Saturday, June 10 — Preparation of site will begin no earlier than 9:00 a.m. hursdaEune 15 — Camping will be provided on-site beginning at 12:00 p.m. Thursday, June 15 — Music festival from 5:00 p.m. to 9:00 Friday, Friday, June 16 — Music festival will be from June 16 — Music festival in tent will be from 10:00 p.m. to 1:00 a.m. June 17 — Music festival will be from 10:00 a.m. t. 10:00 p.m. Saturday, June 17 — Music festival in tent will be from 10:00 p.m. to 1:00 a.m. Sunday, June 18 — Music festival (student recital) in tent will be from 9:00 a.m. to 12:00 noon Sunday, June 18 — Music festival (tentative) in tent will be from 12:00 noon to 4:00 p.m. Sunday, June 18 — Camping patrons depart and clean-up begins of the premises onday} June 19 — Break down of equipment and site clean-up will conclude by end of day The proposed event includes on-site camping and vehicle parking that will be adjacent to the eastern boundary and relatively close to the southern boundary of the property. In addition, the applicant is proposing a late night music venue, occurring within the beer tent, on both Friday and Saturday evening. The beer tent is located just east of the main stage. Staff is unsure if the late night venue will include amplified music. Several residences are located close to the event venue including the camping and parking area adjacent to the east and south property boundaries. In consideration of residential impacts from the late night event, one residence — 60700 Heidi Lane — is approximately 650 feet from this late night music venue. Another residence — 21091 Knott Road.— is approximately 1,000 feet from the late night music venue. Several other residences are just beyond 1,000 feet. The applicant did not provide written consent from neighboring property owners and residents as allowed under sections (B) and (C) above. Therefore, staff recommends conditioning final approval that the music festival does not occur between the hours of 12:01 a.m. and 9:00 a.m., and thus requiring the late night music venue to cease at 12:00 a.m. In addition, staff recommends it be made a condition of final approval that the sound level not exceed 70 decibels prior to and 50 decibels after 10:00 p.m., as noted in this section. --- 10. Section 8.16.300. Outdoor Mass Gathering and Extended Outdoor Mass Gathering Enforcement. A. The Organizer shall provide a contact person who shall be easily identified and who shall remain at the Outdoor Mass Gathering or Extended Outdoor Mass Gathering site at all times. B. If any Organizer of an Outdoor Mass Gathering or Extended Outdoor Mass Gathering violates any provisions of this chapter, the Board, County Administrator, County Engineer, or Sheriff may immediately suspend, revoke or terminate any permit for an Outdoor Mass Gathering or Extended Outdoor Mass Gathering and may seek any legal remedy available. C. The Outdoor Mass Gathering or Extended Mass Gathering Organizer shall keep a reasonable count of persons and vehicles entering and leaving the Outdoor Mass Gathering or Extended Outdoor Mass Gathering. D. If at any time during the Outdoor Mass Gathering or Extended Outdoor Mass Gathering held under a valid permit, the number of persons or vehicles attending the Outdoor Mass Gathering or Extended Outdoor Mass Gathering exceeds by 10 percent or more the number of persons or vehicles estimated in the permit File No.: 247-16-000694-OMG Page 10 of 12 N v•••••� losammon - 0 ® - (Y) O 0 O O w 2 Z N N > O O O ▪ m inO O as = N N J a-- 7 O 0 Q • N C N 0 Y a 'O o C O O OQ. w<d U w a BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Name Address 1\1\ C (A ,ft*' Date: Phone #s Li, k E-mail address In Favor 14 Neutral/Undecided 71 Opposed Submitting written documents "as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. No Hi My name is Alyssa Minar, I am 17. I live on Heidi Lane. I am, among many things, ama farmer. How can I say this? Because The definition of farm used by the U.S. Department of Agriculture is "any place from which $1,000 or more of agricultural products were produced and sold or normally would have been sold during the census year." That definition makes me a farmer. I have my 4H and FFA record books for documentation. As a farmer I come before you with my concerns. For more than three decades, Oregon has maintained a strong policy to protect farmland. The policy was adopted by the state legislature in 1973. It calls for the "preservation of a maximum amount of the limited supply of agricultural land" (Oregon Revised Statutes 215.243). Over the past week my parents have been bombarded with comments like, "get over it, it's just 3 days: !% of the year" and the most ridiculous one "Don't raise rabbits" As a farmer and member of FFA I am not looking at just 3 days of pleasure for a few. I am concerned with many people for a lifetime and for future generations. Did you know that 1 in 6 American's are hungry? A trio of rabbits can feed a family f four. Rabbits can be kept in a small amount of space and are ready to harvest in 8 weeks. ' I raise meat rabbits, educate people, and have taught others how to harvest rabbit meat. Here is a picture of me speaking at the Oregon State FFA convention about rabbit meat. (That is 1000 people) Due to the nature of this venue I do not have time to go into the effects noise has on Rabbits, but I believe my dad did an excellent job in explaining this in previous letters to this board. As commissioners I am asking for you to protect our farm, which is zoned EFU. By preventing the renewal for the 4 peaks presents festival you will ensure the safety of my Rabbitry and allow me to continue in my efforts to educate people that rabbits are not just cute pets but a solution to hunger. Thanks you, Subject: Name BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK K,u ictrkvis\) Address 60 w-)*, 4 Date: P/A-1/1 ; 111141A tri4 te+ Pr) Phone #s 4'4 E-mail address 5+ eve_ In Favor s Neutral/Undecided Fri Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed No i June 21, 2017 4 PEAKS FESTIVAL COMMENTS for Deschutes County Commissioner's Meeting 1. Steve Minar, Homeowner and resident at 60700 Heidi Ln, Bend, OR 97702 2. Thank Yous A. I'd like to publically thank Phil Henderson for his patient listening and personal effort to come visit with affected neighbors to hear their concerns and observe the situation first hand. B. I'd also like to thank the personnel from the sheriff's office for their professional and courteous service. They responded to our numerous calls, listened intently and worked professionally on our behalf. Much appreciated. 3. SUMMARY A. Please read the provided copy of the comment I wrote in response to the KTVZ article. It covers our position well. Additional comments can be read on the KTVZ.com website. I've also included a printout of social discussion about the situation from Nextdoor.com. B. The 4 Peaks Music Festival and other events of similar size and scope do not belong on Stevenson Ranch. 4 Peaks must find an alternate, appropriate site to continue operating. C. Common sense dictates that a landowner shouldn't be able to engage in an activity that causes personal and/or economic harm to their neighbors. OMG law must not supersede zoning in a manner that prevents neighbors from using their property in accordance with property zoning. D. The event organizer demonstrated blatant disregard for the limits of the permit they were issued and did not do the things they promised. E. There is a breakdown in the system for planning, approving, monitoring and enforcing Outdoor Mass Gatherings. i. Planning should require input from affected neighbors during the planning process, well before the matter comes before the commissioners for a vote. ii. The notification process is gravely inadequate. Property owners and residents need no -excuses notification with adequate time to prepare and respond. This includes owners that may not live full time or at all on their property. iii. Live monitoring of the event in process should be done by the county. It should not be the responsibility of the neighbors and it CERTAINLY should not be left up to the permit holder. That's akin to leaving the mouse in charge of the cheese. iv. When issues arise, there needs to be a CLEAR CHAIN OF COMMAND that is understood by all parties. We heard loud and clear from officers that they had no guidance on how to enforce the permit. They were not prepped in advance with festival contacts and procedures. County planning is not the right entity. Enforcement might be, but they are opaque to the public and don't appear to be available evenings and weekends. This breakdown led to no enforcement action during the event despite clear violations and timely reporting of them. v. The penalties for failure to comply need to be clearly stated. 4. INCIDENTS / OBSERVATIONS A. Overall i. Newspapers were stolen 4 of 5 days ii. Wild animal populations disappeared for the event. Our Great Horned Owls and their young left. We had no birds of prey, no coyotes and no deer. B. Wednesday i. Large RV came up our driveway. No alternative other than backing out and into Knott Rd. as there's no turnaround. No flaggers to help. ii. Campers and campsites active by early afternoon. No vehicle inspections taking place. More than 100 campsites by 9pm. Permit calls for camping starting at 12pm on Thursday. iii. Dust iv. Music at high volume on Wednesday, well before the event. C. Thursday i. Campers being let into the event at 9am ii. Video of staging area at 10am showing approx. 40 campers. All were let into the festival before the 12pm opening. iii. Music started at 3:30pm, not 5pm per the permit/schedule iv. Had to retrieve blowing trash from the campsites out of our pond v. Called the sheriff at 8:30pm with a noise violation. 78db vi. Sound measured 80db at 10:05pm, well above the 50db limit starting at 10pm. D. Friday i. Music started at 10am. Permit specified 12pm. ii. Sound measured 80db frequently between 10am and 11:30am. iii. I texted Stacy Totland at 11:08am asking about the start time and noise level. She never responded. iv. KTVZ Interview v. Sound measured at 68db at 10:17pm vi. Cars coming up our driveway after 10pm E. Saturday i. Sound measured well above 70db at 5:40pm ii. Trash collected in our front yard from campers. iii. Sound reflecting off the grove of trees giving louder sound on our back deck than at the fence line. iv. Uber driver sitting in our driveway at 10:30pm waiting for a guest named Chris. v. Smoke in our backyard blowing in from the event site. I almost called 911. Subsided. It smelled like a wood fire, not a BBQ. vi. Pot smoke and smell in our backyard vii. Amplified music above the 50db limit after 10pm. Called the sheriff. viii. Sound measured at 67db at 10:49pm ix. Amplified music continued until 11pm despite sheriff contact around 10:35pm. x. Woman on acid was rescued from drowning in the irrigation ditch by our neighbor xi. Camper/campsite noise extremely load at 2am. Caused our dogs to bark incessantly. xii. Car parked in our driveway at 2am. F. Sunday i. Taxi sitting, blocking our driveway, waiting for a guy carrying a suitcase to cross the event field, go over the barbed wire fence onto our driveway to catch the cab ii. Significant dust blowing as cars start to depart iii. No evidence of flaggers on Knott Rd. at or before 9:30am iv. Uber driver parked in our driveway at 10:15am for a festival guest v. Called Damon, head of site security, about the unwanted car traffic. He placed a guard at the entrance. vi. Car drove up our driveway at 12pm looking for a guest despite the guard at the entrance. vii. Trash collected in our front yard from campers. Identity info on trash identified attendees from the Westside Bend area. viii. Music still going at 4:15pm, after the concert end time of 4pm. Finished at 4:20pm G. Tuesday i. Cleanup work going on between 3am and daybreak. Fence removal, possibly other tasks. ii. Our dogs were barking at the noise/activity at 5:45am 5. PERMIT VIOLATIONS A. Item 2 - Total Number of Attendees at any one time (suspected) i. Vehicle counts from imaging indicate over 1200 cars, trucks, motorized campers. Adding motorcycle, bicycle, walking, taxi and Uber attendees might well put them over their permit number. B. Item 3 - Accurate Count of persons and vehicles entering the event i. Curious about their reported numbers and how they compare to imagery. C. Item 15 - Campfires, bonfires and other recreational burning i. At least two fires were noticed by the neighbors. We had smoke in our backyard. D. Item 18 - Security in place at all times i We observed numerous vehicles entering the event site, heading up to the camping area without inspection ii. We never had security patrol the fence line and had little support when we had problems. Was there really 1 security personnel for each 100 attendees? E. Item 26 - identified deficiencies were not cured i. Texts to the organizer went unanswered. When officers contacted the event staff about noise levels and music outside of scheduled hours, no changes happened. F. Item 27 - The burden of preserving order is with 4 Peaks i. attendees trespassing on our property, Uber pickup, Taxi pickup, general passenger pickup, travel trailers up our driveway, frisbee golfers retrieving frisbees on our driveway, campsite music until dawn, drug use among attendees G. Item 30 - narcotic or illegal/dangerous drug use i. A woman on an acid trip was rescued from drowning in the irrigation ditch by our neighbor's hired security crew ii. At least one other overdose that we are aware of H. Item 33 - Noise levels i. The amplified music exceeded 70db on many occasions, before during and after the lOpm to 10am window. Sound levels were also frequently measured in excess of 50 db after lOpm and outside of the festival's stated music times. Clarification of this requirement is necessary as these noise levels are not solely from amplified music. The crowd and campsites contribute, as does traffic and equipment. It should be noted that our measurements were mostly taken on our front porch. We also took measurements at the fence line and in our back yard. I. Item 34 - Operations between 12am and 9am i. More than one violation before 9 am. Particularly irritating was the work done between 3am and sunrise on Tuesday, June 20th, 2017. Fence/barrier removal was going on in the middle of the night. Noise, possibly from generators had our dogs barking at 5am. ii. Clarification needed as this item calls for late night music to end at 12am but elsewhere in the permit / festival plan it calls for a lam end time. J. Section 8.16.300 Item I i. It could be argued that there is no possible way the Outdoor Mass Gathering site can be restored to its previous condition. 6. PICTURES 7. QUESTIONS Co mineriT Ii STE" V r M itottk The following is a comment I wrote in response to the news report/article done by KTVZ on the subject of 4 Peaks Music Festival. KTVZ interviewed us on Friday, June l6t``, 2017. They also interviewed neighbor Susan Long and the event organizer, owner of 4 Peaks Presents, Stacy Totland. The news story broke Friday evening. Comments appeared from KTVZ readers/watchers, prompting me to provide more complete detail about the situation from our point of view. You can watch and read the original news article and all the comments at: http://www v lctvz-_cominewsl ew-spot-old-spat-4 pea dravvsfire-at-l6rger-venue/5461 '37395 Here is my opening comment: Hello fellow commenters, I appreciate your comments and sentiment regarding the 4 Peaks Music Festival. Sure would be nice to have a quality conversation on the issues rather than one driven by sound bites and conjecture. As often happens, 15-30 minutes of interview gets chopped into mere seconds and poorly represents the whole story. Our situation and that of our neighbors wasn't well represented. Perhaps you will take a little extra time to read through my comment to get a better picture of our point of view. You don't know me. Seems silly to judge me, especially without more details. I am a lifelong musician and have a deep love for live music. I am not against 4 Peaks or music festivals. I have wide ranging musical tastes and have enjoyed some (not all!) of the 4 Peaks Music being forced upon us. I will get a chance to spend significant time inside the festival over the next two days. But, I am clearly against the current site of the festival. And I have significant issues with process of how the event came to be held at the Stevenson Ranch. And we are not alone. Neighbors on Bobcat Rd, Sholes Rd, Tekampe Rd and Knott Rd among others have legitimate issues. To better understand our initial concerns, you would have to read the package which was submitted for the outdoor mass gathering permit in December 2016. It includes a letter I wrote about our concerns and the direct impact on our family and property. If you are not small farm owners or haven't had to care for large numbers of animals you wouldn't naturally consider some of the problems we face. We have four kids and a large number of animals on our property. My daughters are highly competitive in 4H, FFA and OHSET. Our animal count fluctuates from perhaps 100-150 during the year. The girls have spent lots of money to buy and care for their animals. Many of the animals are exotic and expensive. They invest hundreds and hundreds of hours, caring for and preparing animals for fair and competition. They are competitive at the local, state and national level, achieving Grand Champion and Reserve Grand Champion awards in a variety of disciplines. Unfortunately, the animals are highly affected by noise and stress. The festival timing is at the absolute worst moment in their fair preparation schedule. We don't have an option to "just leave" for the weekend. To be completely safe for the animals, we would have to move most of them off of our property well before the festival and leave them at the alternate location until the county and state fairs are done (September). That's quite a life change for us to swallow. And we are not alone. Many of our neighbors have significant investments in animals of all sorts with similar potential losses to animals and property. We chose to buy Exclusive Farm Use acreage to accommodate these activities. We put great effort and consideration into where / which property suited our purpose. NIMBY? Doesn't fit. A NIMBY is someone who moves right next to an airport and complains after the fact in attempt to shut it down. Perhaps a better analogy would be moving next to the Les Schwab Amphitheater and then trying to stop events from being held there. Stevenson Ranch has never held a 4 day 3 night music event for 3000 people. And they haven't had an event of any kind for the 9 years we've lived on our property. There's no reason anyone could have foreseen such an OMG (Outdoor Mass Gathering) happening on land zoned for Exclusive Farm Use. Some of our neighbors have owned their properties nearly 50 years. They enjoy the peace and quiet as a major benefit to living on acreage. What gives 4 Peaks Presents and the Stevenson Ranch the right to take that away? Business? Pleasure? Do the surrounding property owners have any say in the matter, any rights? You may not be aware that outdoor mass gathering permits can be issued as often as every 90 days. While I don't know 4 Peaks plans, Tom Stevenson has said he's interested in holding additional events. We have also been told 4 Peaks intends to ask for a permit for 5000 next year with additional festival growth anticipated in future years. You might also understand that the event, if allowed to continue, will affect our property value. Should we choose to sell, we will be required to disclose the festival and it's impact to potential buyers. It's also easy to dismiss it as "just 4 days". I've mentioned the longer term impact on the animals, but even without them, the festival has approximately a week of setup time, 4 days of festival time and 72 hours of take down time, as currently permitted. There's also a clause allowing for up to 21 days after to finish removing temporary structures. And these are just the terms for this year's permit. What's stopping them from seeking a 7 day festival permit for 10,000 people or more with 3 weeks of setup time? Don't think it could happen? Again, why should the surrounding property owners be asked to give up the enjoyment and accustomed use of their property for 14+ days of the summer? Or substantially more should multiple OMGs take place or the length of each increases? Am I in the wrong for attempting to protect my children, their activities, their animals, our lifestyle and the value of my property? It might be helpful for you to understand that Tom Stevenson, 4 Peaks Presents and Deschutes County did not meet with or attempt to work with the neighbors during their initial planning. They did not respond to questions and comments we raised during the permit process. They never reached out to us to understand the extent and specifics of the impact. Disappointing, as they even call out our property as the one most impacted by the event. It might also surprise you that many of the affected neighbors were not even aware of the event until just a handful of weeks ago and feel completely blindsided. Some of that has to do with the notification process, some to the hard winter and its distractions and some to families that winter elsewhere. You likely don't know that the first attempt 4 Peaks made to connect with the neighbors was a meeting to be held at the less than convenient time of 4-6pm on Friday, May 26th, 2017, the start of Memorial Day Weekend and less than 3 weeks before the event. A nice gesture, but way to late to address the unknown concerns of neighbors. You probably don't know that we showed up at the meeting but 4 Peaks didn't. That led to considerable irritation and among the neighbors. We've also not had a chance to share about our face to face meetings with 4 Peaks and Tom Stevenson in the past 2 weeks, nor our conversations with the county, board of commissioners, representatives of the sheriffs office and a variety of qualified advisors. Have I forgotten to mention the countless phone calls, texts, emails and letters written that have taken place with regards to this event and its impact on the neighbors? Maybe you think 4 Peaks and Stevenson Ranch have gone out of their way to offer us help or compensation for our troubles? Nope. The subject of how they might help or steps they could take to mitigate our issues was never brought up by them. The conversation and attitude has been: permit issued, event happening, tough luck, deal with it. Some of you won't care, don't care and will just pass judgement. Some of you would be incensed by countless details in the above meetings and communications. It's a serious issue for us and others. It's not just a whim. It's not just "intolerance". Hopefully you're able to enjoy the music and have none of the possible challenges the festival poses. We've not been so lucky. The past few days have been a nuisance and life distraction. Ir is in our front yard. Not our choice. We're forced to deal with it. We're paying close attention to the animals. We dealing with dust. We're dealing with horses that are nervous and running in the pasture, worrying about their potential injuries. We have had to scoop trash out of our pond, blown in from the campsites. We've had to retrieve our dog who's made it all the way to the stage area twice. She's attracted to the food and people. She's never left our property the 3 years she's been with us. We've dealt with cars coming up our private driveway, during the day and after lOpm. We've had a large travel trailer pull into our driveway (On Wednesday during setup). No place to turn around on our property unless they drive on our lawn, so they had to back down the driveway into Knott Rd. without traffic flagger help. We've had Frisbee golfers along our fenceline. We've had people walking up to our fence, sometimes to talk, sometimes to look at our animals. We just never know when they'll come across to pet them or who knows? While I can't speak for other affected neighbors, let me be clear about what I think the solution is. Let's help 4 Peaks Presents find a more appropriate location. Why not find a 1000 acre place (or larger) surrounded by other large parcels in an area of Deschutes County that can better handle the traffic load? There are countless possibilities east of Bend. Many have fabulous views. If the event was held in the middle of such a parcel, the impact on neighbors could be nearly nil. I attended an event east of Bend last year on a site that might be perfect. With regards to Stevenson Ranch, I've got no issue with events that fit the character and history of the property. Keep doing equestrian events. Use the event center. If the crowd size is reasonable, it's a great use for the property. The event barn/arena are nicely located in the center of the property where they have the least impact on neighbors. If you've read this far, you have a bit better understanding of my position, but not who I am. If you're serious about getting to know me or have ideas to throw in the mix for making things better, I'm game for meeting over coffee or beer. Rest assured that we'll continue to apply appropriate pressure to do our best to steer the ship towards safer waters. It's my hope that 4 Peaks and Stevenson Ranch can find alternative solutions for their business endeavors that allow them to thrive without the impact on their neighbors. Steve E/&-1 i3 Gi2 17 / Jcv 55 ION -Fr-71--- Akz4-dc-or_c_3Vh Nextdoor is the free private social network for your neighborhood community. 4peaks letter Steve wrote to the news channel after their report last night- long but explains our views Kathy Minar Woodside Ranch Hello fellow commenters, I appreciate your comments and sentiment regarding the 4 Peaks Music Festival. Sure would be nice to have a quality conversation on the issues rather than one driven by sound bites and conjecture. As often happens, 15-30 minutes of interview gets chopped into mere seconds and poorly represents the whole story. Our situation and that of our neighbors wasn't well represented. Perhaps you will take a little extra time to read through my comment to get a better picture of our point of view. You don't know me. Seems silly to judge me, especially without more details. I am a lifelong musician and have a deep love for live music. am not against 4 Peaks or music festivals. I have wide ranging musical tastes and have enjoyed some (not all!) of the 4 Peaks Music being forced upon us. I will get a chance to spend significant time inside the festival over the next two days. But, I am clearly against the current site of the festival. And I have significant issues with process of how the event came to be held at the Stevenson Ranch. And we are not alone. Neighbors on Bobcat Rd, Sholes Rd, Tekampe Rd and Knott Rd among others have legitimate issues. To better understand our initial concerns, you would have to read the package which was submitted for the outdoor mass gathering permit in December 2016. It includes a letter I wrote about our concerns and the direct impact on our family and property. If you are not small farm owners or haven't had to care for large numbers of animals you wouldn't naturally consider some of the problems we face. We have four kids and a large number of animals on our property. Mv daughters are highly competitive in 4H, FFA and OHSET. Our animal count fluctuates from perhaps 100-150 during the year. The giris have spent Iots of money to buy and care for their animais. Many of the animais are exotic and expensive. They invest hunoreds and hundreds of hours, caring for and preparing anirnais for fair and competition. They are cornpetitive at the oca, state and national Ievei, achieving Grand Champion and Reserve Grand Champon awards in a variety of disciplines. Unfortunately, the animals are highly affected by noise and stress. The festival timing is at the absolute worst moment in their fair preparation schedule. We dont have an option to "just leave" for the weekend. To be completely safe for the aniDl8|s, we would have to move most of them off of our property well before the festival and leave them at the alternate location until the county and state fairs are done (September). That's quite a life change for us to And we are not alone. Many of our neighbors have significant investments in animals of all sorts with similar potential losses to animals and property. We chose to buy Exclusive Farm Use acreage to accommodate these activities. We put great effort and consideration into where / which property suited our purpose. NIMBY? Doesn't fit. A NIMBY is someone who moves right next to an airport and complains after the fact in attempt to shut it down. Perhaps a better analogy would be moving next to the Les Schwab Amphitheater and then trying to stop events from being held there. Stevenson Ranch has never held a 4 day 3 night music event for 3000 people. And they haven't had an event of any kind for the 9 years weve Iived on our property. There's no reason anyone could have foreseen such an OMG (Outdoor Mass Gathering) happening on land zoned for Exclusive Farm Use. Some of our neighbors have owned their properties nearly 50 years. They enjoy the peace and quiet as a mjor benefit to living on acreage. What gives 4 Peaks Presents and the Stevenson Ranch the right to take that away? Business? Pteasure? Do the surrounding property owners have any say in the matter, any rights? You may not be aware that outdoor mass gathering permits can be issued as often as every 90 days. Whiie 1 don't know 4 Peaks plans, Tom Stevenson has said he's interested in holding additional events. We have also been told 4Peaks intends to ask for 8permit for 5000 next year with additional festival growth anticipated in future years. You might also understand that the event, if aHowed to continue,nue, will affect our property value. Should we choose to seU, we wUl be required to disclose the festival and it's impact to potential buyers. It's also easy to dismiss it as "just 4 days". I've mentioned the longer term impact on the animals, but even without them, the festival has approximately a week of setup time, 4 days of festival time and 72 hours of take down time, as currently permitted. Theres also a clause aliowing for up to 21 days after to finish removing temporary structures. And these are just the terms for this year's permit. What's stopping them from seeking a 7 day festival permit for 10.000 people or more with 3 weeks of setup time? Dont think it could happen? Again, why should the surrounding property owners be asked to give up the enjoyment and accust0nnedUs6OfthHi[pnJpgrtvfor14+d8yS0fth6suDlDl8r? Or substantially more should multiple OMGs take place or the length of each increases? Am | in the wrong for attempting to protect my Chi|dr8n, their activities, their animals, our lifestyle and the value of my property? It might be helpful for you to understand that Tom Stevenson, 4 Peaks Presents and Deschutes County did not meet with or attempt to work with the neighbors during their initial planning. They did not respond to questions and comments we raised during the permit process. They never reached out to us to understand the extent and specifics of the impact. Disappointing, as they even calI out our property as the one most impacted by the event. It might also surprise you that many of the affected neighbors were not even aware of the event until just a handful of weeks ago and feel completely blindsided. Some of that has to do with the notification process, some to the hard winter and its distractions and some to families that winter elsewhere. You likeiy dont know that the first attempt 4 Peaks made to connect with the neighbors was ameeting to be held at the less than convenient time of on Friday, May 26th, 2017, the start ot Memorial U@vVV8ek8nd and less than U weeks before the event. A nice gesture, but way to ate to address the unknown concerns of neighbors. You probably don't know that we showed up at the meeting but 4 Peaks didn't. That led to considerable irritation and among the neighbors. Weve also not had a chance to share about our face to face meetings with 4 Peaks and Tom Stevenson in the past 2 weeks, nor our conversations with the county, board of commissioners, representatives of the sheriff's office and a variety of quatified advisors. Have 1 forgotten to mention the countless phone calls, texts, Grnai|oand letters written that have taken place with regards to this event and its impact on the neighbors? Maybe you think 4 Peaks and Stevenson Ranch have gone out of their way to offer us help or compensation for our troubles? Nope. The subject of how they might help or steps they could take to mitigate our issues was never brought up by them. The conversation and attitude has been: permit issued, event happening, tough uck, deal with it. Some of you won't care, don't care and will just pass judgement. Some of you would be incensed by countless details in the above meeUngs and communications. It's a serious issue for us and others. It's not just a whim. It's not just "intolerance". Hopefully you're able to ejoy the music and have none of the possible chaflenges the festival poses. We've not been so lucky. The past few days have been a nuisance and life distraction. Ir is in our front yard. Not our choice. We're forced to deal with it. We're paying close attention tothe animals. We dealing with dust. We're deating with horses that are nervous and running in the pasture, worrying about their potential injuries. We have had to scoop trash out of our pond, blown in from the campsites. We've had to retrieve our dog who's made it all the way to the stage area twice. She's attracted to the food and people. Shes never left our property the 3 years she's been with us. We've dealt with cars coming up our private driveway, during the day and after 10pDl.We've had a large travel trailer pull into our driveway (On Wednesday during setup). No °/�,= +° +..=~ �°"..Fle4 "" °.', =,"°,,^, ..,leA,, ^1,-t=., Ark". "" =., /..^,~ "" *,"^, 1,.a LV "u... ^ov".ILA m. u". Fu^r "."soo "",' "... v.. "". m°..' =v ".=y ."=" to back down the dinto Knott Rd. without traffic ftagger help. We've had Frisbee golfers along our fencellne. We've had peope waiking up to our fence, sometimes to taik, sometimes to look at our animals. We just never know when they'll come across to pet them or who knows? While can't speak for other affected neighbors, let me be clear about what I think the solution is. Let's help 4 Peaks Presents find a more appropriate location. Why not find a 1000 acre place (or Iarger) surrounded by other Iarge parcels in an area of Deschutes County that can better handle the traftic Ioad? There are countless possibilities east of Bend. Many have fabulous views. If the event was held in the middle of such a parcel, the impact on neighbors could be nearly nil. 1 attended an event east of Bend Iast year on a site that might be perfect. With regards to Stevenson Ranch, I've got no issue with events that fit the character and history of the property. Keep doi ng equestrian events. Use the event center. If the crowd size is reasonable, its great use for the property. The event barn/arena are nicey ocated in the center of the property where they have the least impact on neighbors. If you've read this far, you have a bit better understanding of my position,butD0t who am. If you're serious about getting to know me or have ideas to throw in the mix for making things better, I'm game for meeting over coffee or beer. Rest assured that well continue to apply appropriate pressure to do our best to steer the ship towards safer waters. It's my hope that 4 Peaks and Stevenson Ranch can find alternative solutions for their business endeavors that allow them to thrive without the impact on their neighbors. THAN K 37 REPLY 1 7 K• De Lane *� VeryvveUvvhMan.VVeareaonythatthiahaaeffentedynuandyour peooefu|honne/tsrm.VVetru|yundomtend.OnevveeKsftarwe closed on our home purchase on Sholes Road in November we were informed ... View more Thanked! KathvMinar Thanks you for taking the time to read our perspective.VVehave been receiving a great deal of criticism for being intolerant ofm3day festivaL The event 5 actually from the 10-19 (time for set up, event and tear down) There were over 100 votunteers on the property camping prior to the event. We have pictures of this. So tharik you for taking the time and being open. Thank Judykilont8oNery We are fortunate in being far enough away (In Woodside) that the noise does not reach us much. However, 1 am appalled at the lack of public involvement in siting this festival, and lack of consideration for both people and anirnais, Someone mentioned another site farther out where a festival had been held, a site where there are no neighbors. Let's hope that site can be identified and the Stevenson ranch and the festival can be persuaded to relocate. Neither people nor animais should have to suffer for the sake of commercial opportunity. DL Bovi Kathy -I completely get how disruptive to your family & dangerous to your animals this festival is. | feel fortunate that so far where we are an Tekampe the noise is actually Iess than the Los Scwab concerts. As 1 worked one of my horses this morning he was nervous & very looky towards the festival. 1 think it was the boom boom of the bass we are hearing. He calmed down but it indicates that farm animals do notice out of the ordinary sounds. Those of us who have horses etc already know this but many people who come here from urban areas dont understand that it can be upsetting & frightening for them. Lets hope with some information gathering we can assist in finding a more suitable location for the future. ''=".~,A' ReaIIy? The Dream s over here. You got in too ate, sorry for luck, or ignorance. Been here over 30 yrs 3 kids born here in Bend. Greedy developers made it.happen. Colleen McComb What about baker pond noise and parties. Thank Cindv8n}itk My husband as totaily understand your position. 1 can only imagine the frustration and stress it is causing, not only to you and your family, but to your animals. The event people for 3 peaks certainly need to make changes that move it away from neighboring properties, if they plan on having it there in the future. It sounds like they have plenty of property to work with. Thanked! Gerry Zmnd jau ` Thanks for posting. You've flipped my opinion aftehearing your story. Funny how the news can steer your opinion on how it's presented, huh? ;) Do you mind if I repost? Thanked! DebbieP8ppa Hi Kathy1 so totaily agree with youU!! :) 1 could hear the music last night ot8:3Oprn.clear over onLarsen Road; it needs to be moved Susi ee I am so sorry you and your animals are having to deal with this. Thanked! Marcy Kirk Yes, so sorry about your animals. 3anked Mauna c ;ris,topherser It's interesting how hard the city and county can be to work with for some issues yet some events are permitted. No, we should not have this happening out in the areas that are private residences on acreage. They should be held out on open lands that do not affect people's homes and life. I will sign a petition to keep this from happening next year. y Schwarzc b r er I have gone to 4 peaks with my family since it's first year 10 years ago. I'm not saying I'd love it in your situation, but I want you to know the people who run it are amazing, caring people. I don't know the stevensons. I do know that I always feel that my kids are safe there, and am always amazed at how quick things get cleaned up. I just got home today from camping in your beautiful setting- I only live down the street. There were defiantly some things that because it was it's first year in a new location, that will need to be looked at... like where the Rv parking should be.. things like that. I did come and go due to work and kids still being in school and I was impressed with how well traffic worked through, we all have been dealing with the mess on 27th for a long time, so this seems really minor to me. Anyway, I do hope you were able to come in and enjoy it a bit. I was one one of the people who hung out with your dog one of the times she got in, sweet girl. Thanks for sharing your view, my family, as always loved our time at an amazing festival that took a lot of work to put together, and we paid a lot to go to. KB Brooks Just had a chance to read your well thought out and articulate letter. I stand in full support of every single one of your concerns and agree this was a poor choice for a venue such as this. Thanked! Thank Ric Ergenbright Thank you for taking the time to write such a reasonable and articulate letter regarding this music festival. We are over on Arnold Market, and it sounded like it was next door ... I can only imagine how loud and irritating this must have been to your family (and animals). Something this potentially disturbing to any rural neighborhood should be at County Fair Grounds, which is specifically designed for such events. Heather Salazar I grew up on a cattle ranch and definitely understand your frustration. I knew nothing at all about it until coming home from CORA Friday afternoon. I found it an odd location. One would think they could find a better location, such as the massive RV park down 97 that I have yet to see full. You wrote a very thought out and informative letter. Thanked! -(ES 0 w o { Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Business Meeting of June 21, 2017 DATE: June 15, 2017 FROM: Nick Lelack, Community Development, 541-385-1708 TITLE OF AGENDA ITEM: CONTINUATION OF PUBLIC HEARING: Consideration of Adoption, Community Development Department Annual Report and Work Plan PUBLIC HEARING ON THIS DATE?: Yes BACKGROUND AND POLICY IMPLICATIONS: The purpose of this agenda item is to conduct a public hearing and consider adopting the Community Development Department (CDD) Annual Report and Work Plan for Fiscal Year (FY) 2017-18. FISCAL IMPLICATIONS: None ATTENDANCE: Nick Lelack, AICP, Director Community Development Department Planning Division Building Safety Division Environmental Soils Division P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ MEMORANDUM TO: Board of County Commissioners FROM: Nick Lelack, AICP, Director DATE: June 14, 2017 SUBJECT: Community Development Department Annual Report and Work Plan for Fiscal Year (FY) 2017-18 / Public Hearing SUMMARY The purpose of this agenda item is to conduct a public hearing and consider adopting the Community Development Department (CDD) Annual Report and Work Plan for Fiscal Year (FY) 2017-18. BOARD DECISION OPTIONS After accepting and considering public input, consider: 1. Adopting the Annual Report and Work Plan as proposed, including: a. The Planning Commission's recommendations to add the following projects: i. Consider and evaluate whether to develop a grading ordinance. ii. Add Sisters Country to the list of community plans to be initiated or updated.' iii. Convene a panel of water experts to discuss water resource and conservation issues with an emphasis on the relationship between land use, population growth, and development. b. Staff's recommendation to include a project to: i. Revisit the Lot of Record Verification policy and process. c. Other Board of County Commissioners and/or public recommended projects or revisions. 2. Adopting the Annual Report and Work Plan at: a. This meeting (June 14) or b. A future meeting in June. 1 The list already includes Tumalo, Terrebonne, Newberry Country, and Deschutes Junction. The City of Sisters will initiate a community visioning project in the fall, and is seeking County participation in the effort to include unincorporated Sisters Country. The area is to be determined, and may include the school district boundaries or Sisters zip code. Quality Services Pe or: ed with Pride BACKGROUND Each spring, CDD prepares an Annual Report and Work Plan describing annual accomplishments and a proposed work plan for the coming fiscal year. The work plan describes the most important objectives and projects in each CDD division based on: 1. Board annual goals and policies; 2. Carry-over projects from the current or prior years; 3. Changes in state law; 4. Public comments; and 5. Grants/funding sources. The work plan is presented in draft form to major customer groups, including the Central Oregon Builders Association (COBA) and the Central Oregon Association of Realtors (COAR), the Planning Commission, the Historic Landmarks Commission, interest groups, and is distributed with a request for comments to cities and the general public. Each year the department improves the Annual Report and Work Plan content and format. Notable improvements this year's document includes the following: • Executive Summary and Population Growth. • Each CDD Performance Measure references the applicable Board of County Commission goal and objective it implements. • Performance Measure results for 2016 are reported graphically, including whether the measure was met, not met, or within the range. • The department's administrative and information technology functions and services are combined into one section to reflect CDD's organizational chart. • The Work Plan now focuses on new projects and services to be initiated rather than the ongoing services. The overview of each division and performance measures provide information on ongoing services. • Additional photographs of staff, meetings and events, and from the field have been included. PLANNING COMMISSION / HISTORIC LANDMARKS COMMISSION RECOMMENDATIONS The Planning Commission and Historic Landmarks Commission (HLC) recommended approval of the Annual Report and Work Plan. The Planning Commission's additional recommendations are summarized on the first page of this memorandum. The HLC specifically supported the Planning Commission's recommendation to add Sisters Country to the list of community plans to be initiated or updated. -2- Community Development Department Annual Report and Work Pian BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING DRAFT WORK SESSION: MAY 31, 2017, 1:30 PM PUBLIC HEARING: JUNE 14, 2017, 10:00 AM Main Line: 541-388-6575 Fax: 541-385-1764 Website: www.deschutes.org/cd 117 NW Lafayette Avenue P.O. Box 6005 Bend, Oregon TABLE OF CONTENTS Commissions, Committees and Hearings Officers 3 Introduction 5 Executive Summary / Population Growth 7 Overview 8 Executive Summary 9 Deschutes County Mission Statement 10 Performance Measures 201748 11 SERVICES Accomplishments 13 Work Plan 14 CODE ENFORCEMENT Accomplishments 15 Work Plan 16 ADMINISTRATION AND Accomplishments 18 INFORMATION TECHNOLOGY Work Plan 18 SAFETY Accomplishments 20 Work Plan 20 SoLs Accomplishments 23 Work Plan 23 PLANNING Accomplishments 27 Work Plan 31 2 Staff Directory 36 CDD ANNUAL REPORT AND WORK PLAN 2017-18 COMMISSIONS, COMMITTEES AND I S OFFICERS` BOARD OF COUNTY COMMISSIONERS Tammy Baney, Chair Tony DeBone, Vice Chair Phil Henderson, Commissioner COMMUNITY DEVELOPMENT DEPARTMENT STAFF BUILDING SAFETY Tom Anderson, County Administrator Erik Kropp, Deputy County Administrator Nick Lelack, AICP, Director Sherri Pinner, Management Analyst Kim Adamson, Administrative Secretary Tim Berg, GIS Analyst/Programmer Randy Scheid, Building Safety Director Chris Gracia, Assistant Building Safety Official Krista Appleby, Building Inspector I Rainer Doerge, Building Inspector III Scott Farm, Building Inspector III Owen Gilstrap, Electrical Inspector Steve Jensen, Plumbing Inspector Brandon Jolley, Building Inspector I Brian Moore, Building Inspector I Dan Swarthout, Building Inspector III Steve Wills, Building Inspector III Laurie Worley, Building Inspector I Richard Wright, Building Inspector III COORDINATED SERVICES Lori Furlong, Administrative Manager Judy Hackett, Permit Technician Angie Havniear, Permit Technician Rodney Hines, Permit Technician Jennifer Lawrence, Permit Technician Lisa Petersen, Permit Technician Martha Shields, Permit Technician John Griley, Code Enforcement Technician Tony Laemmle, Code Enforcement Technician Chris Tiboni, Code Enforcement Technician ENVIRONMENTAL SOILS Todd Cleveland, Environmental Health Supervisor Larry Howard, Environmental Health Specialist II Kiley Rucker Clamons, Environmental Health Specialist I Tracy Griffin, Permit Technician CDD ANNUAL REPORT AND WORK PLAN 2017 Peter Gutowsky, AICP, Planning Manager Sher Buckner, Administrative Secretary Will Groves, Senior Planner Zech Heck, Assistant Planner Caroline House, Assistant Planner Izze Liu, Assistant Planner Matt Martin, Associate Planner Nicole Mardell, Assistant Planner Anthony Raguine, Senior Planner Jacob Ripper, Associate Planner Peter Russell, Senior Transportation Planner Chris Schmoyer, Associate Planner Cynthia Smidt, Associate Planner 3 COMMISSIONS, COMMITTEES DESCHUTES COUNTY PLANNING COMMISSIONERS AND EARINGS OFFICERS Steve Swisher - Sisters (Chair) Dale Crawford - Redmond (Vice Chair) Maggie Kirby - Bend Hugh Palcic - South County Jim Beeger - Bend Susan Tunno - Redmond Les Hudson - At Large DESCHUTES COUNTY', Chris Horting-Jones, Chair - Unincorporated HISTORIC LANDMARKS COMMISSIONERS Sharon Leighty, Vice Chair - Unincorporated Kelly Madden - Ex -Officio Bill Olsen - Pioneer Association Dennis Schmidling, Secretary - City of Sisters Rachel Stemach - Ex -Officio Broc Stenman - Unincorporated DESCHUTES COUNTYLiz Fancher HEARINGS OFFICERS Stephanie Hicks Dan Olsen DESCHUTES COUNTY' Cheryl Howard - Chair IcvcLE & PEDESTRIAN Bill Braly - Vice Chair ADVISORY COMMITTEE Greg Svelund - Secretary Mary Barron Chris Cassard Michelle DeSilva Scott Ferguson Wendy Holzman Scott Morgan David Olsen Rick Root Mark Smith CDD ANNUAL REPORT AND WORK PLAN 2017-18 CDD Mission Statement The Community Development Department facilitates orderly growth and development in Deschutes County through coordinated programs of Planning, Environmental Soils, Building Safety, Code Enforcement education and services to the public. This Annual Report highlights the Community Development Department's 2016-17 accomplishments, the Work Plan for Fiscal Year 2017-18, and implements the Board's goals and objectives. CDD provides satellite office coverage in Redmond, La Pine and Sisters, as well as services at the main office in Bend. The Department consists of divisions and programs as listed below, which provide coordinated planning and development services. Coordinated Services Building Safety Environmental Soils Planning Division Code Enforcement Information Services Main Office 117 NW Lafayette Ave. Bend,' OR 97703 Mon., Tues., Thurs., Fri. 8:00-5:00 Wed. 9:00-5:00 Redmond City Hall 437 SW 9th St., Suite 202 Redmond, OR 97756 Tuesday 8:00-4:30 La Pine City Hall 16345 Sixth Street La Pine, OR 97739 Tuesday 8:00-4:00 Sisters City Hall 520 East Cascade Ave. Sisters, OR 97759 8:30-4:30 CDD ANNUAL REPORT AND WORK PLAN 2017-18 5 6 The Community Development Department (CDD) oversees building safety and electrical services, planning and zoning, environmental review, code enforcement and administrative services for Deschutes County. CDD consists of five divisions which provide coordinated planning and development services. The divisions include the following: • Administrative Services establishes the integration of technology across all CDD divisions and coordinates with the cities as well as providing direct service to the public via application training and support, web -based mapping, reporting services and data distribution. • Coordinated Services Division provides coordination of permitting and "front line" direct services to customers at the main office in Bend and at the Redmond, Sisters and La Pine city halls. • Code Enforcement, within the Coordinated Services Division, is responsible for investigating code violation complaints to ensure compliance with each of the codes and statutes administered by CDD, and provides direct service on contract to the City of La Pine for solid waste violations. • Building Safety Division provides construction plan reviews, consultation and inspections to assure compliance with federal and state building codes in the rural County and cities of Sisters and La Pine. • Environmental Soils Division regulates on-site wastewater treatment systems (septic) and monitors environmental factors for public health and resource protection. • Planning Division is separated into two operational areas, Current Planning and Long Range Planning. Current Planning processes individual land use applications and provides information to the public on all land use related issues. Long Range Planning addresses the future needs of the community through updates to the comprehensive plan, changes to County Code and other special projects. CDD ANNUAL REPORT AND WORK PLAN 2017-18 1 Budget Summary FY 2014 FY 2015 FY 2016 FY 20172 FY 20183 (requested) 1 FY 16 Reserves: 2 FY 17 Reserves: 3 FY 18 Reserves: $1,037,652 $1,375,000 $ 823,610 Full Time Equivalents FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 CDD ANNUAL REPORT AND WORK PLAN 2017-18 7 EXECUTIVE UMMAR.Y BACKGROUND & FY 2017-18 WORK PLAN EMERGING ISSUES TO BE ADDRESSED IN THIS & FUTURE WORK PLANS Managing Population Growth & Demographic Changes • Addressing Affordable Housing • Preserving & Protecting Natural Resources, Water Quality & Quantity improving Transportation Systems Anticipating New Economic & Agricultural Opportunities Maintaining & Enhancing High Quality of Life Reducing Natural Hazard Risks g ea y ae Communities Regional Planning, Coordination, Partnerships • Expanding Recreational Opportunities • Facilitating' Access to Health Care & Higher Education • ♦ ♦ • • Preparing for Disaster Resilience' Pia for H Ith & S f • • 8 The Annual Report and Work Plan is developed to: • Implement the Board of County Commissioners (BOCC) goals and objectives (page 9); • Implement the Deschutes County Customer Service "Every Time" Standards; • Effectively and efficiently manage organizational assets, capabilities, and finances; • Fulfil the department's regulatory compliance requirements; • Enhance the County as a safe, sustainable, and highly desirable place to live, work, learn, recreate, visit, and more; and • Address changes in state law. The BOCC adopts the Work Plan after considering public, stakeholder and partner organization input, and Planning Commission and Historic Landmarks Commission recommendations. The Work Plan includes more projects than there are resources available. CDD staff coordinates with the BOCC throughout the year to prioritize and initiate projects listed in this Plan. Projects not initiated are carried over to future years. Key CDD fiscal issues and operational challenges in FY 2017-18 are summarized below. Fiscal Issues • Ensure costs are fully accounted for and recovered through fees and other revenue sources. • Ensure financial stability and ongoing operations through establishing a long term financial plan. • Explore future funding options to pay debt service on the bond funding the expansion of the La Pine sewer system. Operational Challenges & Opportunities • Maintaining high customer service levels with appropriate staffing levels. • Responding to new regulations and laws as outcome of 2017/18 legislative sessions. • Processing complex and controversial land use applications and decisions and code enforcement cases. • Preparing for work force turnover through succession planning and staff retention strategies. • Addressing affordable housing. • Improving website, development statistics, and other reports. CDD ANNUAL REPORT AND WORK PLAN 2017-18 POPULATION RO H Central Oregon is a dynamic region and an extraordinary place to live, work, learn, recreate, visit and so much more, as is clearly demonstrated by the sustained population growth over the past six decades. This page provides a snapshot of the County's growth since 1960, the 2015 Portland State University Population Forecast through 2065, and the most recent PSU Population estimate. Deschutes County 50 -Year Forecast: 2015-2065 Total Deschutes County Population & Forecast Portland State University Population Estimate 2016 Geographic Area 2016 2015 2014 2013 2012 2011 Deschutes County Bend Redmond Sisters La Pine Unincorporated 83,500 81,310 27,595 27,050 2,390 2,280 1,675 1,670 61,475 58,430 55,785 53,870 52,590 51,920 166,400 162,525 160,140 158,875. 79,985 78,280 77,455 76,925 26,770 26,590 26,345 26,305 2,190 2,115 1,670 1,670 2,080 2,055 1,670 1,670 CDD ANNUAL REPORT AND WORK PLAN 2017-18 9 2015 2035 2065 Bend 85,737 132,206 194,793 Unincorporated 53,151 69,627 84,719 Redmond 27,715 39,812 64,784 Sisters 2,315 4,375 7,212 La Pine 1,687 3,014 5,836 Total 170,606 249,037 357,345 Total Deschutes County Population & Forecast Portland State University Population Estimate 2016 Geographic Area 2016 2015 2014 2013 2012 2011 Deschutes County Bend Redmond Sisters La Pine Unincorporated 83,500 81,310 27,595 27,050 2,390 2,280 1,675 1,670 61,475 58,430 55,785 53,870 52,590 51,920 166,400 162,525 160,140 158,875. 79,985 78,280 77,455 76,925 26,770 26,590 26,345 26,305 2,190 2,115 1,670 1,670 2,080 2,055 1,670 1,670 CDD ANNUAL REPORT AND WORK PLAN 2017-18 9 10 DESCHUTES COUNTY MISSION STATEMENT Enhancing the lives of citizens by deliverinquality services in a cost-effective manner BOARD OF COUNTY COMMISSIONERS' 2017-2018 GOALS AND OBJECTIVES Safe Communities Protect the community through planning, preparedness and delivery of coardinated services 1. Provide safe and secure communities through coorioatedpubicsafetyoepvims. 2. Reduce crime and recidivism through prevention, intervention, supervision and enforcement. 3. Collaborate with partners to prepare for and respond to emergencies and disasters Healthy People Enhance and protect the health and well being of communities and their residents 1. Support and advance the health and safetof Deschutes County's diverse populations. 2. Promote well-being through behavioral health and community support programs. 3. HeIp to sustain natural resources in balance with other community needs. Economic Vitality Promote policies and actions that sustain and simulate economic vitality 1. Support affordable housing options through availability of lands and appropriate regulation. 2. Administer land use programs that promote livability, andsustainability. 3. Maintain a safeefficient and sustainable transportation system. 4. Partner with organizations and manage County assets to attract business development, tourism, and recreation. Service Delivery Provide service that is cost effective and efficient 1. Ensure quality service delivery through the use of innovative technology and systems. 2. Support and promote Deschutes County Customer Service "Every Time" standards. 3. Promote community participation and engagement with County government. 4. Preserve and enhance capitalassets and strengthen fiscal security. 5. Provide coflaborative internal support for County operations. CDD ANNUAL REPORT AND WORK PLAN 2017-18 PERFORMANCE MEASURES 2017-1 The Community Development Department's 2017-18 goals are reflected in the performance measures below. These performance measures strategically and comprehensively align all of CDD's operations with the Board of County Commissioners' (Board) 2017-18 Goals and Objectives and the County's Customer Service Standards. The performance measures address service delivery expectations from the perspective of CDD's customers; ensure the department fulfils its regulatory compliance requirements; effectively manage the organization's assets, capacities, and finances; and preserve and enhance the County as a safe, sustainable, and desirable place to live, visit, work, learn, recreate and more. CDD performance measures implement the Board's FY 2018 goals and objectives. Each performance measure references the applicable Board goal and objective. For example, CDD performance measure 4 which is to achieve 85% voluntary compliance in Code Enforcement cases implements the Board's Safe Communities objective 1 to provide safe and secure communities through coordinated public safety and services will include the reference "SC -1" in bold type. Safe Communities (SC) Healthy People (HP) Economic Vitality (EV) Service Delivery (SD) All CDD 1. Complete single family dwelling permit process from Application Acceptance to Ready to Issue in 30 days. SD -1 2. Complete commercial structural permit process from Application Acceptance to Ready to Issue in 35 days. SD -1 3 Achieve a customer feedback rating of 2.9 (out of 3.0) or better. SD -2 Coordinated Services & Code Enforcement 4. Achieve 85% voluntary compliance in Code Enforcement cases. SC -1 5. Resolve 75% of Code Enforcement cases within 12 months. SC -1 6. Complete structural permit Ready -to -Issue turnaround time of 4 days. SD -1 CDD ANNUAL REPORT AND WORK PLAN 2017-18 11 COMMUNITY DEVELOPMENT DEPARTMENT PERFORMANCE MEASURES/ CONTINUED Building Safety 7. Achieve an average of 6-10 stops at different construction job sites per day for each Building Inspector. Each stop may consist of multiple inspections. SD -1 8 Achieve an average turnaround time on building plan reviews of 8-10 days. SD -1 Environmental Soils 9. Issue new onsite septic system permits within 15 days of receiving a complete application. SD -1 10. Achieve compliance with the ATT operation and maintenance reporting requirements of 95%. HP -3 Planning 11. Issue all planning administrative (staff) decisions for land use actions requiring prior notice within 45 days of determination of complete application. SD -1 12. Issue all planning administrative (staff) decisions for land use actions that do not require prior notice within 21 days of determination of complete application. SD -1 13. Coordinate with cities regarding growth management. EV -1, EV -2, EV -3, EV -4, HP -1 14. Coordinate with the City of Bend to implement the Bend Airport Master Plan. EV -2, EV -4 15. Coordinate with the City of Redmond to entitle a large lot industrial site. EV -4 16. Re-evaluate agricultural land designations. EV -2, SD -3 12 CDD ANNUAL REPORT AND WORK PLAN 2017-18 ADMINISTRAT ON AND INFORMATION SERVICES ACCOMPLISHMENTS PLAN Administration provides oversight for all departmental operations and facilities, human resources, budget, customer services, and performance measures. Information Services (IS) is responsible for the development and maintenance of digital spatial databases and for providing state-of-the- art mapping and data services to local governments, citizens, and businesses. In addition, IS staff supports customer service applications, reporting services, technical support and application development. IS establishes methods for deriving statistics, evaluating efficiency, and assisting in measuring departmental performance. IS is staffed by one GIS analyst/programmer. • Worked with the County's database administrator to implement the use of genealogy within Accela and DIAL, allowing reverse chronological research of parcel changes. • Established meaningful performance measures using database programming and custom report writing to measure volume and capacity of department. • Developed departmental policies pertaining to: 0 Reserve funds 0 Fee setting 0 Records retention 0 Mileage reimbursement 0 Collection procedures 0 Payment card 0 Cash handling • Established and monitored new performance measures to evaluate the efficiency and effectiveness of departmental operations and processes. • Completed departmental Business Processes Audit and implemented 90% of recommendations. • Complete implementation of Business Processes Audit recommendations. • Implement new accounting, human resources, and timekeeping software. • Remodel CDD lobby to improve safety, customer services, and efficiency. CDD ANNUAL REPORT AND WORK PLAN 2017-18 13 ADMINISTRATION AND INFORMATION SERVICES WORK PLAN, CONTINUED 14 • Establish performance measure reports for distribution to internal and external customers. • Establish and monitor a new performance measure to target the number of days from building permit acceptance to ready to issue of 32 days. • Create a CDD information technology strategic plan. • Create a new web -based CDD newsletter to report department news, development statistics, performance measure results, and hearings officer, Board, and LUBA/court quasi-judicial land use decisions. CDD ANNUAL REPORT AND WORK PLAN 2017-18 COORDINATED SERVICES` ACCOMPLISHMENTS CDD ANNUAL REPORT AND WORK PLAN 2017-18 The Coordinated Services Division provides service to customers at the main office in Bend, as well as in City Halls in Redmond, La Pine and Sisters. The Division consists of eight permit technicians and three code enforcement technicians. The goals of the Division are to ensure minimal wait times, provide accurate information to the public, and ensure the efficient operation of the front counter and coordination among all divisions. Staff also performs basic building plan reviews and addressing in the rural County and City of Redmond, under contract. • Customer service is the top priority for Coordinated Services staff and they have maintained that high level of service during the increase in activity and while training new staff. • Coordinated Services relocated the Redmond satellite office to Redmond City Hall last spring. The office is staffed one day per week in this location. Responsibility for the Sisters building program was given back to the County last summer. Services are provided at Sisters City Hall with staffing one day per week. • In coordination with Information Services (IS) and Information Technology (IT), Coordinated Services continued to assess equipment used by all CDD staff to ensure that operational needs were met. The team developed project lists that will enhance service, staff efficiency and communications. Projects included: 0 Providing smart phones to building and environmental health inspectors and code enforcement technicians in the field to provide real-time inspection results; making data available to inspectors in the field; and improving communication, photography and printing tools; 0 Providing linkages to historical documents where parcel numbers have changed; 0 Creating new types of online permit applications; and 0 Reviewing business processes and procedures and making several adjustments to accommodate and fully utilize Accela. • Accela 0 Continued to create efficiencies using the Accela permitting software. As the software evolves and new tools become available, Deschutes County continues to be a statewide leader in offering training opportunities to our customers and regional agency partners using the software. 0 Deschutes County has created an Accela ePermitting Advisory Group that will be looking at the future of State ePermitting systems and how it can best fit the needs of the jurisdictions statewide. This is both an opportunity to discuss system issues and to offer suggestions for improvements to meet Deschutes County's needs. The state has been supportive of this group and its suggestions. 15 COORDINATED SERVICES, CONTINUED 0 During the transition to Accela, it was discovered that a custom program used by Coordinated Services for operation and maintenance of septic systems did not fit under the umbrella of the new system. IT has created a new custom program for staff to use. This will enable staff to send out timely monthly billing statements to maintenance providers, track reports that have been submitted and keep better track of those septic systems that are out of compliance. 0 Deschutes County was the first statewide jurisdiction to adopt the new Accela user interface that was introduced in the fall of 2016. This new interface has been a significant change from the current interface. Staff led several training sessions in preparation for this new interface. 0 As part of the continued improvements to the ePermitting software by the state, an onsite module was implemented to better address onsite sewage disposal systems. Deschutes County staff helped to design and test this new module and implemented it in the fall of 2016. • Continue to coordinate and conduct public outreach and education on Accela and all related elements to increase customer use of ePermitting, and encourage submittal of applications for all participating jurisdictions at any participating Community Development Department. A class was held for contractors this past winter to help educate them on the use of the online services . • Serve on statewide ePermitting committee, participate in national Accela conference, and pursue other actions to ensure Accela meets Deschutes County's needs. • Continue to cross train permit technicians to perform simple plan reviews, and participate in statewide permit technician training programs and Central Oregon Planners Network Training. • Achieve 25% of all permits being submitted electronically, with the exception of planning applications (the capability does not yet exist). • Establish and monitor a new performance measure—the target number of days for structural permit ready to issue turnaround time for Coordinated Services of four days. Percentage of permits applied for at counter Coordinated Seruires Meeting Target Within Range Not Meeting Target Lower Upper Limit Target Limit Average 60% 4% 20% 73.7% Score x 16 CDD ANNUAL REPORT AND WORK PLAN 2017-18 OVERVIEW The Code Enforcement program consists of three Code Enforcement technicians (3 FTE in 2017-2018) plus volunteers, supported by a law enforcement technician from the Sheriff's Department, management and the operating divisions. Code Enforcement is responsible for investigating code violation complaints associated with building, land use, onsite wastewater disposal and solid waste codes, with the overriding goal of achieving voluntary compliance. If necessary, Code Enforcement may issue citations for prosecution in circuit court or before a Code Enforcement hearings officer. ACCOMPLISHMENTS Code Enforcement staff successfully resolved 340 cases in 2016. 500 400 300 200 100 New Complaint Cases 241• : 284 !_ s r 100% 80% 60% 40% 20% 0% 2012 2013 2014 2015 2016 Compliance 2012 2013 2014 2015 2016 Li Voluntary Warning DCitation Li Injunction • Staff continued to achieve an 85% voluntary compliance rate with the additional case load. • Utilization of volunteers in the proactive code enforcement program was very successful. Work performed by volunteers directly enhanced productivity and efficiency. Volunteers review Temporary Use Permits for compliance with conditional use decisions, including the annual update of doctors' letters for medical hardships, removal of man- ufactured homes for storage permits and for living in RVs. • Code Enforcement staff has successfully coordinated with the inmate work crew on a few cases in order to resolve some solid waste enforcement issues. This has been a great partnership between two County departments to CDD ANNUAL REPORT AND WORK PLAN 2017-18 17 CODE ENFORCEMENT/ CONTINUED offiliDEVIIIP resolve some difficult cases and help the homeowners to come into compliance. The County Road Department was also involved in helping to abate a property with a hazardous structure. • Staff participated in a panel discussion on 'Living on Small Acreages.' • Staff met with local jurisdictions and WEBCO on dealing with seniors with hoarding disorders and resources available. • Staff participated in the Marijuana Advisory Committee meetings in order to address concerns on the enforceability of the proposed and adopted ordinances. • In order to have cases heard by a hearings body in a more timely manner, staff have been issuing a Notice of Civil Penalty that are heard by a Hearings Officer instead of Circuit Court. This has allowed staff to schedule multiple hearings per day as needed, have a lien placed on the property if the property owner has not complied with County Code and pursue further action as needed. Case Turnaround 50% 40% 30% 20% ° 10% WORK PLAN 2012 2013 2014 2015 2016 11 Closed within 30 Days G7 Closed within 60 Days GI Closed within 180 Days L7 Closed within 1 Year • Continue to utilize the inmate work crew to resolve solid waste cases where the property's owner is unable to comply with County Code due to medical issues. • Continue working with planning staff on marijuana related complaints in order to process these complex situations in a timely and consistent manner. • Continue proactive efforts in investigation of illegal second dwellings, review temporary use permits, and follow up on replacement dwellings. • Continue to establish a relationship between CDD Code Enforcement and rural subdivision homeowners' associations. Code Enforcement technicians make themselves available to speak at stakeholder meetings to share Deschutes County Code Enforcement information and operating procedures. 18 CDD ANNUAL REPORT AND WORK PLAN 2017-18 CODE ENFORCEMENT, CONTINUED • Survey other code enforcement jurisdictions and incorporate innovative practices where appropriate. This effort includes direct involvement with the Oregon Code Enforcement Association (OCEA) conference participation and networking. • Administer the Code Enforcement Volunteer Program, focusing on proactive, non -threatening case review. • In cooperation with the Building Safety Division, participate in the development of a text amendment on the County Outdoor Lighting Ordinance. The amendment will update tables to include compact florescent lighting and LED options. • Explore the feasibility of conducting proactive enforcement of certain types of land use permits which have conditions of approval associated with them. • Evaluate updated Code Enforcement Policy and Procedures Manual, and initiate amendments per direction from the Board. • Achieve 85% voluntary compliance in Code Enforcement cases. • Resolve 75% of cases within 12 months. Performance Measures Meeting Target Within Range X Not Meeting Target Code Enforcement Achieving voluntary compliance Resolving cases within 12 months Lower Limit Upper Compliance Target Limit Rate 75% 85% 100% 91.60% 75% 85% 100% 84.90% Score CDD ANNUAL REPORT AND WORK PLAN 2017-18 19 BUILDING SAFETY OVERVIEW The Building Safety Division provides construction plan reviews, consultation and inspections to assure compliance with state statutes, state building codes and national standards. The Building Safety Division interprets and enforces the state -mandated building codes through a process of education and a clear and fair application of the specialty codes. The Division provides all of these services throughout the rural county, the Cities of La Pine and Sisters, and various services to Lake, Jefferson, Klamath and Crook counties, the Cities of Bend, Redmond and the State of Oregon Building Codes Division on an as -needed basis. The Division consists of the Building Safety Director, Assistant Building Safety Director, and 11 Building Inspectors. ACCOMPLISHMENTS • Issued 523 single-family dwelling permits in 2016 for Deschutes County. Includes Sisters. • Increased building inspections by 13% from 30,040 in CY 2015 to 34,426 in CY 2016 • Continued to enhance Accela's capabilities through identifying issues, articulating business needs, and finding solutions and opportunities with this emerging building inspection software. • Continued the process of cross -training all staff members. Two more Inspectors have received their "specialized" inspector certifications, allowing them to conduct limited commercial inspections, as well as all four residential certifications. • Gained diversification in the division with the hiring of a former Permit Technician as the newest Plans Examiner after obtaining certifications. • Continued the transition to a more fuel efficient inspection fleet. The vast majority of the daily field inspection fleet is now made up of small AWD vehicles. • Completed a remodel of the Division's work area to accommodate our consolidated staff. • Reviewed and approved the first proposed marijuana extraction facility. • Assisted in the snow Toad evaluations of county buildings, essential facilities, and schools in the rural area during the recent inclement weather event. • Presented a well -attended educational offering that included all local building jurisdictions and the local design professional community through a partnership with our chapter of the International Code Council. • Presented to the local chapter of International Association of Plumbing and Mechanical Officials. • Presented to a Redmond Proficiency Academy Tiny House class. 20 WORK PLAN • Manage staffing resources to reduce any negative results due to the loss of two FTE's until replacements can be hired and trained. • Achieve an average of six to ten stops at different construction job sites per day for each building inspector. • Achieve an average turnaround time on building plan reviews of eight to ten days. CDD ANNUAL REPORT AND WORK PLAN 2017-18 Numbers of New Homes 600 500 400 300 200 2012 2013 2014 2015 2016 Numbers of Permits Issued 1600 1400 1200 1000 800 600 400 200 934 `: 11014, 2012 2013 2014 2015 2016 CDD ANNUAL REPORT AND WORK PLAN 2017-18 21 BUILDING SAFETY Performance Measures Meeting Target Within Range XNot Meeting Target Building Safety Lower Upper Limit Target Limit Average Residential building inspections - number of stops per day 6 8 10 10.64 Residential plan review - number per examiner per day I Percentage of permits applied for electronically Percentage of inspections scheduled electronically Residential plan review turnaround time in days Inspections completed same day as requests 2 3 4 2.5 20% 40% 60% 50% 65% 80% 2 5 8 90 95 100 26.3% 61.2% 12.78 98.4 Score X X 22 CDD ANNUAL REPORT AND WORK PLAN 2017-18 ENVIRONMENTAL Sons ACCOMPLISHMENTS WORK PLAN, The Environmental Soils Division provides site evaluations, design review and inspection of on-site wastewater treatment and dispersal systems as an agent of Oregon Department of Environmental Quality. Staff inspects sewage pumper trucks, reports on condition of existing wastewater systems, maintains an operations and maintenance tracking system, provides the public with information on wastewater treatment systems and regulations, and investigates sewage hazards. Staff are also engaged in the proactive pursuit of protection of the groundwater in southern Deschutes County and other sensitive areas. The Environmental Soils Division is staffed by one Environmental Health Supervisor, one Environmental Health Specialist, one Environmental Health Specialist Trainee and one on-call inspector who provide site evaluations, design review, permitting, inspection, education and coordination with DEQ for onsite wastewater treatment and dispersal systems. Additional support staff include 0.5FTE permit technician. In 2016, the Division: • Assessed 276 sites for onsite wastewater treatment and dispersal systems, up approximately 60% from 2015, and issued 1373 permits and authorizations for new and existing onsite treatment and dispersal systems, up 9.7% from 2015. Applications included more complex and technical procedures compared to recent previous years. • Provided two property owners in South County with rebates of $3,750 per property for upgrading conventional onsite systems to nitrogen reducing pollution reduction systems. • Hired and trained a new Environmental Health Specialist Trainee working the onsite program and helping with Operation and Maintenance reporting and tracking database. • Supported Craft3 in starting its clean water loan program in Deschutes County. Craft3 now provides clean water loans throughout Oregon. • Achieve a goal of a 10 -day turnaround for new construction permits. • Prioritize addressing sewage health hazards and protecting public health and the environment. • Participate with DEQ in the pursuit of groundwater protection solutions and possible implementation of the South Deschutes/ Northern Klamath groundwater protection steering committee recommendations. • Provide financial assistance opportunities to assist property owners who do not qualify for conventional loans to upgrade conventional onsite systems to nitrogen reducing pollution reduction systems CDD ANNUAL REPORT AND WORK PLAN 2017-18 23 ENVIRONMENTAL SOILS, CONTINUED (Nitrogen Reducing System Rebates and the Neighborlmpact Non -conforming Loan partnership). • Participate on the City of Bend stormwater public advisory group. • Continue coordination with the City of Bend and DEQ regarding the southeast sewer interceptor and sewer expansion, and the impact on homeowners with onsite wastewater systems. • Maintain and update the South Deschutes County Groundwater Protection Annual Report. • Complete updates of the Operation and Maintenance reporting, tracking, and electronic invoicing system as required by DEQ. Diversify and train additional staff to work the operation and maintenance program. • Issue new onsite septic system permits within 15 days of receiving a complete application. • Achieve voluntary compliance with the ATT operation and maintenance reporting requirements of 95%. Long -Term Projects • Update the DEQ contract for the Onsite Wastewater Treatment System Program to be more consistent with current rules and requirements (current contract dates from 1981). Performance Measures Environmental soils New system permit process control, turn -around time Percentage of permits applied for electronically Percentage of inspections scheduled electronically Pre -cover inspections completed same day as request Lower Limit 5 Target 10 Upper Limit 15 Meeting Target Within Range X Not Meeting Target Average 10.30 15% 35% 50% 5.5% 35% 50% 65% 39.8% 90% 95% 100% 95.6% Score 24 CDD ANNUAL REPORT AND WORK PLAN 2017-18 ENVIRONMENTAL SODS, CONTINUE® 1400 y' 1200 1000 800 600 400 200 CDD ANNUAL REPORT AND WORK PLAN 2017-18 300 250 200 150 100 50 Site Evaluations 2012 2013 2014 2015 2016 Septic Permits Issued +16% 2012 2013 2014 2015 2016 25 26 The Planning Division consists of two operational areas: Current Planning and Long Range Planning. The Division consists of 12 employees: a Community Development/Planning Director, one Planning Manager, two Senior Planners, one Senior Transportation Planner, an Information Systems programmer/analyst, three Associate Planners, three Assistant Planners, and an Administrative Secretary. Development Services is responsible for reviewing land use applications for compliance with Deschutes County Code (DCC) and state law, including zoning, subdivision and development regulations, and facilitating public hearings with hearings officers and the BOCC. Staff is also responsible for verifying compliance with land use rules for building permit applications and septic permits; coordinating with Code Enforcement to respond to complaints and monitor conditions of approval for land use permits; performing road naming duties and assisting with addressing; and providing assistance at the public information counter, over the telephone and via email. Long -Range Planning is responsible for planning for the future of Deschutes County, including developing and implementing land use policy with the BOCC, Planning Commission, community and partner organizations. It is in charge of updating the County Comprehensive Plan and zoning regulations, coordinating with cities and agencies on various planning projects taking place in the region, including population forecasts with Portland State University and cities. Staff also monitors and participates in annual legislative sessions, and serves on numerous local, regional and statewide committees primarily focusing on transportation, natural resources, growth management and economic development. Three specific disciplines support both Current and Long -Range planning, including transportation, wetlands/floodplains, and Information Systems, covered separately in this Work Plan. Transportation Planning provides comments and expertise on land use applications, calculates System Development Charges (SDC's) as part of land use application review process or upon request; provides comments to the County's Risk Management Department regarding traffic issues for permitted events; participates in the annual County Capital Improvement Plan (CIP) process with the Road Department; applies for grants for enhanced bicycle and pedestrian facilities in coordination with the Bicycle and Pedestrian Advisory Committee (BPAC); participates in Oregon Department of Transportation (ODOT) funded refinement planning; coordinates road issues with Bureau of Land Management (BLM) and the United States Forest Service (USFS) for urban interface plans; and serves on several local and regional transportation committees, most notably BPAC, the Bend Metropolitan Planning Organization Technical Advisory Committee, and Central Oregon Area Commission on Transportation (COACT) Technical Advisory Committee. CDD ANNUAL REPORT AND WORK PLAN 2017-18 PLANNING/ CONTINUED CDD ANNUAL REPORT AND WORK PLAN 2017-18 Floodplain and Wetlands Planning is responsible for providing comments and expertise on land use applications, code enforcement, and general property inquiries that require development, fill, or removal in mapped floodplain and wetlands. Staff maintains certification as an Association of State Floodplain Managers (ASFPM) Certified Floodplain Manager to provide customers with up-to-date and accurate information regarding FEMA regulations, surveying requirements, and construction requirements. Coordination is frequently required with external agencies including FEMA, US Army Corps of Engineers, Oregon Department of State Lands, Oregon Department of Fish and Wildlife, and the US Forest Service. Applications The Planning Division continues to experience an increase in land use applications. In 2016, the division received 809 land use applications, compared with 663 for 2015. The following table conveys the application trends over the last five years: 900 800 700 600 500 400 300 200 100 0 Land Use Applications 2012 2013 2014 2015 2016 Eleven applications were reviewed by hearings officers in 2016. The highest volume were landscape management reviews (123), permit sign -offs (120), administrative determinations (83), property line adjustments (77), conditional use permits (73), lot of record verifications (63), and site plan reviews (41). Comprehensive Plan and Zoning Text Amendments The Planning Division processed: • A plan amendment relating to a Goal 11 exception for Southern Deschutes County 27 PCANNING, CONTINUED 28 • Plan amendment to rescind the 2002 Bend Airport Master Plan and adopt the 2013 Bend Air Master Plan into the Transportation System Plan • Zoning text amendments for marijuana regulations • Plan amendment relating to Bend's Urban Growth Boundary Amendment • Zoning text amendment to expand the definition of a lot of record • Plan and zoning text amendment recognizing non -resource lands process allowed under state law to change EDU zoning; a definition of ag-exempt buildings; and, reducing setbacks in the F2 Zone, for Haner Park Subdivision and an adjoining three -acre tax lot • LUBA remand to initiate a plan amendment, zone change, changing Exclusive Farm Use zoning to Rural Industrial for property at Deschutes Junction Land Use Board of Appeals There were 8 appeals filed with the Land Use Board of Appeals in 2016, the same number as in 2015. Marijuana Businesses The Planning Division approved five marijuana production applications and one marijuana processing application in 2016. Non -Farm Dwellings The Planning Division received 39 nonfarm dwelling applications in 2016, compared with 28 for 2015, equating to a 39 % increase. Partition and Subdivision Plats Thirteen final plats were recorded in 2016 or are in the process of being recorded, creating a total of 163 residential lots. Prominent Applications Noteworthy land use applications in 2016 included two solar photovoltaic system modification of approvals, Bend Airport Master Plan amendment, dude ranch, Buddhist church, Bend Urban Growth Boundary amendment, and marijuana production and processing. Grants Certified Local Government Grant Planning Staff completed an eighteen month $13,000 Certified Local Government (CLG) Grant from the State Historic Preservation Office to assist Deschutes County with its historic preservation programs. CDD ANNUAL REPORT AND WORK PLAN 2017-18 U.S. EPA Brownfield Community -Wide Assessment Grant The Planning Division completed a three-year $400,000 U.S. Environmental Protection Agency (US EPA) Community -Wide Brownfield Assessment Grant in September. Proceeds from the grant enabled the County to establish Brownfield inventories for Deschutes County and the Cities of Bend and Redmond and nine Environmental Site Assessments (ESAs). The Brownfield grant also dedicated $90,000 for Area Wide Planning (AWP) for the City of Redmond's Mid -Town area. The timing and readiness to utilize AWP funding offered extraordinary advantages in Redmond. It dovetailed with the City's existing efforts to revitalize the area, including an urban renewal district, market analysis, and recently completed housing study. The City of Redmond contributed an in-kind match of $44,700 to maximize the opportunity. Projects Statewide Planning Goal 11 Exception The Planning Division, in coordination with the Oregon Department of Environmental Quality (DEQ) and Department of Land Conservation and Development (DLCD) initiated a Goal 11 Exception in June 2015 that would allow sewers in rural Southern Deschutes County to address nitrates in shallow groundwater. The Board adopted the Goal 11 exception in February 2016. Recreational Marijuana Convened a Marijuana Advisory Committee and held seven meetings in early 2016. Staff revised marijuana regulations and held work sessions and public hearings with the Board of County Commissioners to regulate marijuana businesses in the unincorporated areas of Deschutes County. Ordinances were adopted in June 2016. Agricultural Lands The Board adopted a plan and zoning text amendment in November recognizing non -resource lands process allowed under State law to change EDU zoning; a definition of ag-exempt buildings; and, reducing setbacks in F2 Zone, for Haner Park Subdivision and an adjoining three - acre tax lot. Lot of Record Definition The Board adopted a zoning text amendment in November, expanding the definition of a lot of record in response to a recent LUBA remand. CDD ANNUAL REPORT AND WORK PLAN 2017-18 29 PLANNING, CONTINUED Coordination with Other Jurisdictions and Agencies City of Bend Urban Growth Boundary Expansion The Board of County Commissioners conducted a public hearing in the fall and adopted the Bend UGB amendment in September 2016. Central Oregon Large -Lot Industrial Land Need Planning staff coordinated with the City of Redmond regarding a site owned by the Oregon Department of State Lands (DSL) adjoining its Urban Growth Boundary (UGB) as a plausible location for a regional large -lot industrial campus. DSL is expected to initiate a City/County UGB plan amendment in 2017. City of Bend Airport Master Plan Planning staff coordinated with the City regarding a land use application to amend the County's Comprehensive Plan, Transportation System Plan, and Title 18 of the Airport Development Zone to implement the Bend Airport Master Plan. The City of Bend is expected to initiate an amendment in 2017. City of Sisters Airport Planning staff coordinated with the City of Sisters, Oregon Department of Aviation, Sisters Airport and Eagle Air Estates regarding the taxiway and the process related to a state "recognized" airport. Performance Measures Meeting Target Within Range X Not Meeting Target Planning 30 Lower Limit Target Days to process admin. determinaton apps w/o prior notice 14 21 Days to process admin. determinaton apps with prior notice' Upper Limit 35 Average 26.6 r CDD ANNUAL REPORT AND WORK PLAN 2017-18 PLANNING, CONTINUED CDD ANNUAL REPORT AND WORK PLAN 2017-18 Floodplain Complete the process to amend County Code to change the floodplain base zone into a combining (overlay) zone. Evaluate Marijuana Regulations During the adoption of the marijuana land use regulations, the Board recognized this new program should be reviewed and evaluated to determine if it is working as intended—to support this emerging industry, protect the high quality of life for rural residents—and to address changing circumstances, interpretive matters, and amendments to state law. This evaluation would perform the analysis described above based the decisions issued and public comments from all sides of this issue. Agricultural Lands Re -Evaluation & Potential Re -Designation Participate in the Land Conservation and Development Commission's Non -Resource Lands Rulemaking process, if initiated. Coordinate with the Department of Land Conservation and Development to initiate a process to re-evaluate agricultural lands. Community & Area Plans Engage Sisters Country, Tumalo, Terrebonne, Newberry Country, and/or Deschutes Junction residents to determine if community plans, goals, and policies meet the current and future needs of the area. Only one or two such planning efforts may be initiated each fiscal year. South County Groundwater Protection Develop a template for property owners or organizations to apply for Goal 11 Exceptions. Consider amending the Newberry Country Plan to replace the existing Goal 11 Exception policy with a new Goal 11 Exception policy framework for future policies. Affordable Housing Explore affordable housing options for the rural county. Grading Ordinance Consider and evaluate whether to develop a grading ordinance. Historic Preservation—Certified Local Government (CLG) Grant Administer the CLG Grant from the State Historic Preservation Office. Natural Resources / Water Convene a panel of regional water experts to discuss water resource and conservation issues with a particularly emphasis on the relationship to land use and population growth and development. Initiate a review of County Goal 5 inventories and protection programs. 31 CONTINUED` 32 Growth Management Coordination Coordinate with cities, County departments, state agencies and organizations to develop and implement growth management plans. Central Oregon Large -Lot Industrial Land Need Continue to coordinate with the City of Redmond to initiate a UGB amendment for a regional large lot industrial campus. City of Bend Airport Master Plan Continue to coordinate with the City of Bend to amend the Comprehensive Plan and Development Code to allow new airport - related businesses at the Bend Airport through a streamlined permitting process. Natural Hazards Consider implementing the recommendations from the University of Oregon's Community Service Center's review of County Codes and polices regarding wildfire mitigation. Outdoor Mass Gathering Permit Amendments Amend Deschutes County Code 8.16 pertaining to Outdoor Mass Gatherings in coordination with County Legal Counsel. Ongoing Annual Projects • Consider implementing legislative amendments stemming from laws enacted by the 2017 and 2018 Oregon Legislative Sessions • Population Forecast: Coordinate with the County Assessor and Administration Office to complete the Portland State University, Population Research Center, 2017 Housing Unit and Population Questionnaire. • Tracking Systems: Develop, maintain, and improve tracking systems for: 0 Comprehensive Plan and Community/Area Plan implementation activities, updates, necessary revisions, and potential areas for new plans. 0 Destination Resort overnight lodging units. 0 Limited Use Permits (agri-tourism and other commercial events and activities. 0 Marijuana Annual Reports. 0 Non-farm dwellings. 0 Medical Hardships. CDD ANNUAL REPORT AND WORK PLAN 2017-18 2016 DESCHUTES COUNTY COMMUNITY INVOLVEMENT REPORT BACKCR.OUND 2016 COMMUNITY INVOLVEMENT ACCOMPLISHMENTS CDD ANNUAL REPORT AND WORK PLAN 2017-18 Statewide Planning Goal 1, Citizen Involvement, requires cities and counties to create a citizen involvement program that provides opportunities for community participation in land use planning processes and decisions. Land use legislation, policies and implementation measures made by Oregonians over 40 years ago helped shape Oregon's urban and rural environments. Likewise, choices made today will ultimately shape these areas in the future. Successful land use planning occurs through an open and public process that provides room for information gathering, analysis and vigorous debate. Deschutes County's Community Involvement program is defined in Section 1.2 of the Comprehensive Plan. This chapter identifies the County Planning Commission as the committee for citizen involvement. It also contains the County's Community Involvement goal and corresponding five policies that comply with Goal 1. This report briefly discusses the noteworthy community involvement actions undertaken by the Planning Division in 2015. The report is intended to provide county residents and stakeholders with a tool to assess its effectiveness and offer additional suggestions the County can utilize to ensure that its diverse communities remain actively involved in land use planning discussions. Current Planning Administering the zoning code requires the Current Planning Division to processes individual land use applications, zoning review and sign -off for building and septic permits. Current planners maintain legally prescribed turnaround times on land use applications (150 -days) and provide customer service through assistance at the front counter, phone conversations, and appointments. Phone messages are returned within 24 hours. Website, Facebook and DIAL 2 CDD utilized the County's website as a primary tool of public communication and information for public meetings; pending land use applications; long-range planning projects; posting the CDD Update; and providing links to current and past BOCC and Planning Commission meetings. In addition, CDD coordinated with the County's Communications Director to publish press releases and announce new documents, etc. on the County's Facebook page. CDD also coordinates with the Information Technology Department to create a one-stop shop in DIAL 2 for all County property, development/permits, assessor records, and interactive mapping. DIAL 2 increases access, simplifies, and consolidates information in one place for the benefit of the general public. 33 2016 DESCHUTES COUNTY COMMUNITY INVOLVEMENT REPORT, 34 Marijuana Regulations CDD convened a Marijuana Advisory Committee and held seven meetings in early 2016. Based on the MAC's recommendation, staff revised marijuana regulations and held work sessions and public hearings with the Board of County Commissioners to regulate marijuana businesses in the unincorporated areas of Deschutes County. Ordinances were adopted in June 2016. U.S. EPA Brownfield Community -Wide Assessment Grant The Planning Division completed a 3 -year $400,000 U.S. Environmental Protection Agency (US EPA) Community -Wide Brownfield Assessment Grant in September. Deschutes County convened a Brownfield Advisory Committee (BAC) throughout the project to provide input on grant administration and to assist staff in making allocation decisions. The BAC convened for the final time to receive the project report as well as presentations by APEX Companies, LLC, Deschutes County, and the City of Redmond in September 2016. Planning Commission The Deschutes County Planning Commission held 13 meetings in 2016 discussing an assortment of issues, including: • Marijuana Regulations • Agricultural Lands • Setbacks in Forest Use 2 zones • Agricultural Exempt Buildings • Destination Resort Tracking • Planning Division Work Plan • Bend Urban Growth Boundary • Medical Hardship Dwelling • Lot of Record Verification • U.S. EPA Brownfield Grant • Performance Measures • LUBA Decisions / Appeals Historic Landmarks Commission The Historic Landmarks Commission held 4 meetings in 2016 discussing: • Paulina Lake Cabins • Pilot Butte Canal Historic District / National Register Nomination • Deschutes County Centennial • May Preservation Month • LCDC Rulemaking • Cline Falls Power Plant Demolition Permit • Regional HLC Summit Concept CDD ANNUAL REPORT AND WORK PLAN 2017-18 NAME ;Nick Lelack, AICP Kim Adamson Krista Appleby Tim Berg Sher Buckner Todd Cleveland Rainer Doerge Scott Farm 4 Lori Furlong Owen Gilstrap Chris Gracia Tracy Griffin 1 John Griley • William Groves f Peter Gutowsky ;Judy Hackett f Angie Havniear Zech Heck Rodney Hines Caroline House Larry Howard Steven Jensen Brandon Jolley Anthony Laemmle e Jennifer Lawrence Izze Liu Nicole Mardell Matt Martin Brian Moore 1 Lisa Petersen 1 Sherri Pinner k Anthony Raguine Kiley Rucker Clamons ( Peter Russell Randy Scheid Martha Shields ;Chris Schmoyer Cynthia Smidt Dan Swarthout l Chris Tiboni 1 Steve Wills ;Laurie Worley Richard Wright TITLE E Community Development Director Administrative Secretary Building Inspector I GIS Analyst/Programmer Administrative Secretary 1 Environmental Health Supervisor )Building Inspector III Building Inspector III Administrative Manager i Building Inspector III—Electrical 1 Assistant Building Official s_ Permit Technician 1 Code Enforcement Technician Senior Planner Planning Manager Lead Permit Technician Permit Technician ;Assistant Planner Permit Technician Assistant Planner Environmental Health Specialist II Building Inspector III—Plumbing Building Inspector I Code Enforcement Technician Permit Technician Assistant Planner Assistant Planner b Associate Planner Building Inspector I� Permit Technician " Management Analyst Senior Planner Environmental Health Specialist I Senior Transportation Planner Building Safety Director Permit Technician ;Associate Planner 1 Associate Planner Building Inspector III Code Enforcement Technician Building Inspector III I Building Inspector 1 Building Inspector III PHONE (541) 385-1708 (541) 317-3193 (541) 385-1701 (541) 330-4648 (541) 617-4736 (541) 617-4714 (541) 385-1702 (541) 385-1402 (541) 317-3122 (541) 388-6614 (541) 388-6578 (541) 388-6573 (541) 617-4708 (541) 388-6518 (541) 385-1709 (541) 385-1713 (541) 330-4611 (541) 385-1704 (541) 383-6710 (541) 317-3148 (541) 330-4666 (541) 385-1700 (541) 322-7182 (541) 385-1707 (541) 385-1405 (541) 388-6554 (541) 317-3157 (541) 330-4620 (541) 323-5221 (541) 317-3188 (541) 385-1712 (541) 617-4739 (541) 383-6709 (541)383-6718 (541) 317-3137 (541) 385-1706 (541) 317-3164 (541) 317-3150 (541) 385-1745 (541) 383-4397 (541) 322-7181 (541) 383-6711 (541) 617-4746 EMAIL Nick.Lelack@deschutes.org Kim.Adamson@deschutes.org Krista.Appleby@deschutes.org Tim.Berg@deschutes.org Sher.Buckner@deschutes.org Todd.Cleveland@deschutes.org Rainer.Doerge@deschutes.org ' Scott.Farm@deschutes.org Lori.Furlong@deschutes.org } Owen.Gilstrap@deschutes.org Chris.Gracia@deschutes.org Tracy.Griffin@deschutes.org John.Griley@deschutes.org William.Groves@deschutes.org Peter.Gutowsky@deschutes.org Judy.Hackett@deschutes.org Angela.Havniear@deschutes.org Zechariah.Heck@deschutes.org Rodney.Hines@deschutes.org Caroline.House@deschutes.org Larry.Howard@deschutes.org I Steven.Jensen@deschutes.org Brandon.Jolley@deschutes.org Anthony.Laemmle@deschutes.org Jennifer.L.Lawrence@deschutes.org Isabella.Liu@deschutes.org Nicole.Mardell@deschutes.org Matt.Martin@deschutes.org Brian.Moore@deschutes.org Lisa.Petersen@deschutes.org Sherri.Pinner@deschutes.org Anthony.Raguine@deschutes.org Kiley Rucker-Clamons@deschutes.org Peter.Russell@deschutes.org Randy.Scheid@deschutes.org Chris.Schmoyer@deschutes.org tha.Shields@deschutes.org Schmoyer@deschutes.org Cynthia.Smidt@deschutes.org Dan.Swarthout@deschutes.org Christopher.Tiboni@deschutes.org Steve.Wills@deschutes.org Laurie.Worley@deschutes.org Richard.Wright@deschutes.org Counity Development Department Planning Division Building Safety Division Environmental Soils Division P.0, Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541) 388-6575 Fax (541) 385176*4 http://www.deschutes,orgicd MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Nick Leiack, AICP, Director DATE: June 20, 2017 SUBJECT: Community Development Department Work Plan Draft Revisions & Public Comments The Board of County Commissioners conducted a public hearing on the Community Development Department's FY 2017-18 Work Plan on Wednesday, June 14. The Board closed the oral record and kept the written record open until Tuesday, June 20 at 5:00 p.m. Below is a summary of potential revisions to the draft CDD FY 17-18 Work Plan based on comments suggested by staff and Commissioner Henderson. 1. Code Enforcement Proposed new project/task: Coordinate with the Sheriff's Office, District Attorney, and Legal Counsel to process marijuana code enforcement complaints, and revisit the approach to marijuana code violations with the Board of County Commissioners. 2. Planning a. Proposed new project/task: Lot of Record Text Amendments Initiate text amendments to (1) the definition of "lot of record" to recognize a lot or parcel that previously received a land use permit, building permit, or septic permit as a lot of record to address the Grimstad Land Use Board of Appeals decision; and (2) a comprehensive text amendment to update the overall process to determine a lot of record. b. F;r,ppos'dinew_p oJty tjl sit coil fife C c)iTtim as aif i osilionPo.plovWe techI iC it ci5S1St7nct Xfi Lot of Record applicants. Proposed revision to Agricultural Lands Re -Evaluation & Potential Re -Designation project/task on page 31: Qiifiliti/ Seniicvs Perforuterl xv t1i ,f'i iale Consider approaches to re-evaluate agricultural lands, including participating in Land Conservation and Development Commission non -resource lands rulemaking (if initiated), initiating a Collaborative Regional Problem Solving (RPS) project or a local non -resource lands project, or other options to achieve the same result. d. Proposed revision to Affordable Housing._ oti_page Affordable/Workforce Housing Consider the County's role and opportunities in addressing housing needs throughout the County such as considering_ accessory dwelling units where possible or reasonable; amending County Code to allow new or expanded manufactured home parks; partnering with housing authorities, non-profit organizations, developers, municipalities and others to provide housing; among other options. e. Proposed revision to Evaluate Marijuana Regulations on page 31( Evaluate and Revise Marijuana Regulations ?Oiled text. is 'adc. ) " ...to support this emerging industry, protect the high quality of life for rural residents, preserve property values — and to address changing circumstances, interpretative matters..." 3. Public Comments Attached are public comments on the draft work plan submitted since the public hearing. The comments are provided in the order in which they were received by date. Public comments address the following issues: a. Grading ordinance. b. Marijuana regulations. c. Development application/permit processing accuracy and timelines. June 15, 2017 Via Email to Nick Lelack Deschutes County Board of County Commissioners 1300 NW Wall St, 2nd Floor Bend, OR 97703 Re: Deschutes County Community Development Department Annual Work Plan Dear Board of County Commissioners, Please accept this comment regarding the proposed Community Development Department ("CDD") Work Plan. Over the past year, CDD has done a commendable job in managing significant growth. throughout the county and in formulating the Work Plan for the next year. Based upon the level of continent and interest this year's plan has received, it is clear that CDD has its hands full. It is our understanding that the current Work Plan includes a directive to gather information and determine whether a grading ordinance should be examined and adopted in Deschutes County. While COBA is not opposed to a grading ordinance per se, we question whether perceived benefit can be achieved and whether the County's resources might better be spent elsewhere. It is important to point out that the Oregon Department of Geological Mineral Industries ("DOGAMI") regulates surface mining. DOGAMI interprets its rules to require an operating permit for any surface mining, including the extraction. of soil or exportation of any material if more than 5,000 cubic yards or a single acre of land is disturbed within a twelve month period, Applicants for operating permits must submit professional surveys of the planned disturbance area before any action may be taken, must provide detailed reclamation plans, and must navigate a public notice and comment process before an operating permit may be granted. If these rules are violated, DOGAMI may enforce civil penalties of up to $10,0000 per day. Proponents of a grading ordinance have suggested that other counties have adopted grading ordinances and so Deschutes County should follow suit. What proponents fail to articulate is why such grading ordinances exist in other counties. Upon a cursory review, it appears that most are to deal with water quality and stormwater issues in the wetter areas of the state. Should this item remain on the proposed Work Plan, we ask that CDD make a review of the purpose and practical effects of other grading ordinances, and question whether the same goals are already being achieved through the County's requirements related to site plan review at DCC Chapter 18.124. Given DOGAMI's robust permitting requirements and the County's present 1051 NE 4th Street 1 Eiencl, OR 97701 phone: 541-3E394058 fax: 541-389-1545 web: www.coba.org careful review of proposed developments, we question whether additional resources should be devoted to a grading ordinance at this time. We appreciate the opportunity to comment on the Work Plan and the work that the CDD does on behalf of all citizens within Deschutes County. ecre Karna R. Gustafson VP of Government Affairs and Legal Counsel 1051 NE 4' Street 1 3end, OR 97701 phone: 541-389-1058 fax: 541-389-1545 web: www.coba.org Nick Lelack From: Sent: To: Cc: Subject: Nunzie <nunzie@pacifier.com> Monday, June 19, 2017 7:23 AM Nick Lelack Board Public Testimony CDD Work Plan Please enter this into the written record regarding CDD Work Plan: 6/19/2017 Dear Nick Lelack and Deschutes County Commissioners: Whilst I understand the BOCC's desire to approve CDD application permits; I feel it's most important for CDD to correctly interpret it's development code and instead of setting a speed agenda on how fast CDD can issue approvals. Over the last 20 years, I have observed that CDD has received more complicated land development applications that require more county scrutiny and often cross jurisdictional scrutiny. Speeding up the approval process seems to have come coupled with more land use appeals of Deschutes County's decisions. It's not that individuals such as myself are opposed to development; many following your CDD process are opposed to CDD's poor interpretation of the County Code. I encourage the CDD Work Plan to prioritize accuracy of it's land use decisions over a fast tracked turn around time for land use approvals. Let's get this right especially now that the cyclical construction vortex is on. During this crunch is not the time to take out a wider toothed comb. Thank you for considering my views. Nunzie Gould Nick Lelack From: Sent: To: Cc: Julie Kisic <jkisic@gmail.com> Monday, June 19, 2017 8:03 PM Nick Lelack Christine Bond; Janet Gutierrez; Bob and DD Stillson; Helen; Thomas Powell; Pat; Teri Plaunty; Candy Calihan; Pam Moritz; kentandrose; Susan Gregory; Debbie Walsh; Trisha Blair; Stacy and Neil Hauser; Kisic, Mike; Missy Powell; Owen Mitz; Susan Reyes; Patrick Sherman; Angie Cox; Patty Dodson Subject: Wednesday's (Final ?) Meeting Attachments: 2017 04 13 Ir to County Plan Com.docx; aaron.docx; Blair.docx; Calihan.docx; Hauser.docx; Moraies.docx; Moritz.docx; Sherman.docx; Stanley Kuperstein.docx Hello Nick, Per your request, 1 am submitting letters of support for the grading ordinance to be presented at Wednesday meeting. We are hoping the Commissioners will approve the 201.7/2018 work plan as recommend by the board. Please include this email along with the names listed on it. I have also attached letters submitted by people that have not been able to attend the last couple of meetings. In addition to that we have a petition of 475 signatures of local residents who care about the well being of our neighborhoods, along with a group of more than 20 supporters that have attended several if not all the meetings over the past year. Honestly I do not know how much more evidence we need to supply, and meetings we need to attend to show local support for a grading ordinance. All of us are residents of unincorporated Deschutes County. We may not work in the legal profession but we are hoping that the County, it's Commissioners and staff hear our voices as loudly as the voices of developers and their legal council. Please do let us know the results of Wednesday's meeting, and thank you very much for providing guidance on the process and procedures of our beautiful Deschutes County. Best Regards, Julie Kisic (970) 301-.8100 19410 Comanche Ln. Bend, OR 97702 Stanley Kuperstein <shkuperstein c@gmail.c©m> 10 me Ap 12 My wife and 1 will be attending a political town hall meeting at the the of the scheduled Deschutes County Planners Commissioners annual meeting. Therefore, we will not be attending the annual meeting. However, we want the Commission to know that my wife and I fully support the County Planners looking at developing a grading ordinance for RR10 properties and add this to their official 2017 work plan. Stanley and Joan Kuperstein 60003 Minnetonka Lane DRW Bend, Or 97702 I encourage the County Planning Commission to recommend to the County Commissioners that developing and approving a grading ordinance should be included in the Community Development Department's 2017/2018 Work Plan Beverly Morales Mayer 19383 Klippel Rd Bend, Or 97703 Dear Board of Directors: Residential grading ordinances are quite common in many cities (including Bend) and counties throughout Oregon and the United States. As more people make their homes and neighborhoods outside of city limits, we feel it is time for the Deschutes County Office of Planning and Development to adopt a grading ordinance as well. Having clearly defined parameters for grading residential properties will benefit all members of our community, commercial entities and the county itself. For us as residents and property owners this will assist in maintaining property values, protecting our soils and wells from accidental contamination, and protect the aesthetic value of our natural resources such as the lava field. Developers and realtors would be protected by having well established guidelines prior to investing heavily into a project that could later be disputed. In the same manner, this also protects the county from possible contention and lawsuits pertaining to projects going beyond their original scope. Establishing clearly defined parameters for grading within residential neighborhoods will significantly reduce the risks and liability for developers, builders and property owners. I encourage Deschutes County Department of Planning to consider a grading ordinance and making this a part of their 2017/2018 official work plan. Trisha, Kyle and Annaleah Blair Bend, OR 97702 To Whom It May Concern; As a property owner in the Deschutes River Woods area and on the one of the streets directly on the lava field the grading ordinance has become very important to us. Residential grading ordinances are quite common in many cities (including Bend) and counties throughout Oregon and the United States. Each year the population continues to grow and more people are making their homes and neighborhoods outside of city limits, we feel it is time for the Deschutes County Office of Planning and Development to adopt a grading ordinance as well. Having clearly defined parameters for grading residential properties will benefit all members of our community, commercial entities and the county itself. For us as residents and property owners this will assist in maintaining property values, protecting our soils and wells from accidental contamination, and protect the aesthetic value of our natural resources such as the lava field. Developers and realtors would be protected by having well established guidelines prior to investing heavily into a project that could later be disputed. In the same manner, this also protects the county from possible contention and lawsuits pertaining to projects going beyond their original scope. Establishing clearly defined parameters for grading within residential neighborhoods will significantly reduce the risks and liability for developers, builders and property owners. We encourage the Deschutes County Department of Planning to consider a grading ordinance and making this a part of their 2017/2018 official work plan. Regards, Teri & Patrick Sherman 19435 Comanche Circle Bend OR 97702 THANK YOU for everything you have done to protect our quality of life! Stacy & Neil Subject: Re: Deschutes County Grading Ordinance On Tue, Apr 25, 2017 at 10:29 PM, Neil & Stacy & Jade <Samba@bendbroadband.com> wrote: Dear Julie - We have lived at 19385 Comanche Circle in Deschutes River Woods for 22 years. Our property is adjacent to the lava flow from Newberry Crater. We are 100% in favor of the county adopting a grading ordinance for RR10 zoned properties. This ordinance would protect this natural wonder and also ensure resident's way of life & property values would not be compromised. Thank you - Neil & Stacy Hauser To Who It May Concern My name is Aaron Calihan, and I am writing to you today to discuss a concern that we have in our neighborhood and something that could ultimately effect the greater Bend area and skyline. I have been part of the Bend community for the last 12 years, it is good to see our little town growing and thriving. During this time of growth, I feel like it is important to have proper ordinances in place to protect certain areas and skylines that we have all come to know and love. I understand that growth in our town and area is a healthy and inevitable, but would like to see that it is done with thought and care to the area. I feel like a Residential grading ordinances is something that should be put in place to help with this process. Residential grading ordinances are quite common in many cities (including Bend) and counties throughout Oregon and the United States. As more people make their homes and neighborhoods outside of city limits, we feel it is time for the Deschutes County Office of Planning and Development to adopt a grading ordinance as well. Having clearly defined parameters for grading residential properties will benefit all members of our community, commercial entities and the county itself. For us as residents and property owners this will assist in maintaining property values, protecting our soils and wells from accidental contamination, and protect the aesthetic value of our natural resources such as the lava field. Developers and realtors would be protected by having well established guidelines prior to investing heavily into a project that could later be disputed. In the same manner, this also protects the county from possible contention and lawsuits pertaining to projects going beyond their original scope. Establishing clearly defined parameters for grading within residential neighborhoods will significantly reduce the risks and liability for developers, builders and property owners. I encourage Deschutes County Department of Planning to consider a grading ordinance and making this a part of their 2017/2018 official work plan. I would like to thank you for serving our community and any thought or work you do in the 2017/2018 year that would create an ordinance to help protect the landscape of bend and the surrounding areas, so that the growth that occurs is thought out and done in the best interest of our community. Again, I thank you for your time and service. Aaron Calihan 19405 Comanche Circle Bend OR 97702 2017 04 13 Deschutes County Planning Commission 1300 NW Wall Street, Bend, OR I am unable to attend this meeting, but because I am vitally concerned about this topic, I am submitting a letter with my testimony. I care about the entire county, but I will be focusing my comments on Deschutes River Woods, my neighborhood. This area is abundantly blessed with natural resources - the river, lava flows, forested acres, wildlife. DRW has changed substantially the last few years, and we invite you to come visit and see for yourself. Neighbors care about each other as well as the natural elements. Last year we were made aware of a potential scenario in which the natural resources could have been exploited and destroyed beyond repair - I hope you remember our 'Save The Lava' movement. If County Planners adopted a grading ordinance, as is common in a lot of cities, many of our ongoing concerns would be addressed and put to rest. I'm sure you realize the count does not have currentl have a •radin• ordinance - there are no guidelines on how much material can be removed and or excavated during the development of a residential property. Unfortunately this could result in serious damage to any neighborhood, something YOU can prevent. It is time for the Deschutes County Office of Planning and Development to adopt a grading ordinance to protect my - and all - neighborhoods. It will assist in maintaining property values, protecting soils and private wells from accidental contamination, as well as protecting the aesthetic value of our natural resources such as the lava field. Please take to heart our request to put protections in place - be proactive instead of needing to respond to a serious threat of damage. Thank you, Susan Gregory 18734 Choctaw Rd Bend OR 97702 SincereSusan@gmail.com To Who It May Concern My name is Candi Calihan and I have been a Bend resident for the last 12 years. During that time, I have watched the town of Bend grow and flourish. 6 years ago, my husband and I purchased our first home in Deschutes River Woods and we couldn't be happier. We love our house, our neighborhood and our view, it is the view that has prompted me to write to you today. We all know that with growing comes growing pains, and new issues and items to address. I would like to address Residential grading ordinances in our area or the lack of. Residential grading ordinances are quite common in many cities (including Bend) and counties throughout Oregon and the United States. As more people make their homes and neighborhoods outside of city limits, we feel it is time for the Deschutes County Office of Planning and Development to adopt a grading ordinance as well. Having clearly defined parameters for grading residential properties will benefit all members of our community, commercial entities and the county itself. For us as residents and property owners this will assist in maintaining property values, protecting our soils and wells from accidental contamination, and protect the aesthetic value of our natural resources such as the lava field. Developers and realtors would be protected by having well established guidelines prior to investing heavily into a project that could later be disputed. In the same manner, this also protects the county from possible contention and lawsuits pertaining to projects going beyond their original scope. Establishing clearly defined parameters for grading within residential neighborhoods will significantly reduce the risks and liability for developers, builders and property owners. I encourage Deschutes County Department of Planning to consider a grading ordinance and making this a part of their 2017/2018 official work plan. We appreciate any thought and consideration during the 2017/2018 year that would create an ordinance to help protect the landscape of bend and the surrounding areas, so that we may continue to grow but not at the risk of the beauty of our landscape and skylines that we all hold so dear. Again, I thank you for your time and service. Candi Calihan 19405 Comanche Circle Bend OR 97702 To Whom R May Concern We am asking that the Deschutes County Planners Commissioners develop a grading ordinance for RR10 properties and that they add this to the official 2017 work plan. A grading ordinance will help to close loopholes that could potentially affect our property and its value in Deschutes River Woods. Thank you for your time and consideration. Sincerely, Pamela and Joseph Moritz 59930 Navajo Rd Bend, Oregon 97702 Follow -ug notes regarding the CDD Work Plan Hear [)eschutes County Board cif C;ottrtt:y Comm issioners Deschutes County Community J)evelopment Department: 1.300 NW Wall Street Bend. OR 97703 ?( Wednesday 1.4 f rant 2017 I think that questions remain and improvements are needed regarding the rules established to regulate the marijuana industry in our county, but I have mixed feelings about an upcoming public hearing on this subject. If this subject does come up for review as brought up in the meeting on June 14th, I would like to see an emphasis on increasing enforcement of the existing rules that so many worked for so long to develop. It seems that the current system is complaint driven. This is a terrible way to enforce laws. It is not comprehensive, and it pits neighbors against neighbors. Many individuals are reluctant to risk filing a complaint knowing that it will only heighten the hard feelings from their neighbor and may end up with retaliation of some sort. If no complaint is filed, the county takes no action and illegal activity and non-compliance with existing rules continues. I think that a better way to make sure that the regulations are followed would be to hire additional employees to check on sites much in the way that building inspectors do. If this happened, the chances for future problems would be dramatically reduced. These thoughts are tied in with the very optimistic idea that there will be voluntary compliance. In the real world, especially when large sums of money can be obtained by cheating, this just does not happen. There must be ways to have better law enforcement and control of marijuana operations to guarantee that there is full compliance. Good enforcement is not just for the benefit of those who object to the marijuana grows next door or down the street, it also helps legal marijuana entrepreneurs. Why should they go to the expense and trouble of following the rules if black- market operators make big bucks by not following any rules? That is not fair. There does not seem to be any enforcement of well water use. Irrigation water is available to some in the summer, but many of the operators would like to water year-round, so a logical option is to use unmonitored well water. In our desert climate with limited groundwater, my well may go dry as a consequence of marijuana grows. I think that as this industry becomes more established in Deschutes County, there should not be a hurry to push forward rapidly. The political climate nationally and the state rulings are not secure in dealing with marijuana legislation. In a legal review recently in Colorado, it was decided that having a marijuana operation next door did lower the value of an adjacent property. This is a concern here for our homes because any sale must include full disclosure that a marijuana business in next door. Lighting continues to be of utmost concern to me. I am a wildlife biologist and know that night lights confuse migratory birds. I think that areas in the county with wildlife overlays should receive greater scrutiny than elsewhere concerning the development of grow sites. The ruling to have bright lights off at night here is desirable not only because of the effects on birds and other wildlife, but also because it pollutes our night sky. We are so fortunate to still have fairly dark sky here compared to other regions (see photo) but as Bend's population continues to increase that could change. By maintaining strict rules to keep lights off or fully shielded after dark, this asset to our community can be protected. For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 15, Building and Construction; Title 17, Subdivisions; Title 17A, City of Bend Subdivision; Title 18, Deschutes County Zoning; Title 19, Bend Urban Area Zoning Ordinance; and Title 19A, City of Bend Zoning Ordinance, Clarifying Applicability within the Bend Urban Growth Boundary, Changing the Zone Designation for Certain Property to Urbanizable Area District, and Establish Criteria and Standards for the Urbanizable Area District. ORDINANCE NO. 2017-009 WHEREAS, Deschutes County Ordinance 2016-022 amended the Deschutes County Comprehensive Plan in Deschutes County Code ("DCC") Title 23 to allow for the expansion of the City of Bend's Urban Growth Boundary ("UGB"), and WHEREAS, the City of Bend initiated amendments (Planning Division File No. 247 -17 -000191 -TA) to the DCC Title 15, Building and Construction, Title 17, Subdivisions, Title 17A, City of Bend Subdivision, Title 19, Bend Urban Area Zoning, and Title19A, City of Bend Zoning; and WHEREAS, the City of Bend proposed a zone change (file no. 247-17-000194-ZC) to DCC Title 18, Deschutes County Zoning Map, and DCC 19, the Bend Urban Area Zoning Map, to rezone certain property to Urbanizable Area (UA) District; and WHEREAS, the Bend City Council reviewed the proposed amendments on June 7, 2017, and recommended approval; and WHEREAS, the Deschutes County Planning Commission reviewed this ordinance at a work session on June 8, 2017; and WHEREAS, the Board considered this matter after a duly noticed public hearing on June 28, 2017, and concluded that the public will benefit from the proposed changes to DCC Titles 15, 17, 18, and 19; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 15.08.015, Bend Urban Area Sign Code, and 15.08.040, Specific Definitions, are amended to read as described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in Etrikethrough. Section 2. REPEAL. DCC 15.08A, City of Bend Sign Code Ordinance No. NS -1495, is repealed in its entirety. PAGE 1 OF 3 - ORDINANCE NO. 2017-009 Section 3. AMENDMENT. DCC 17.04.020, Purpose, is amended to read as described in Exhibit "B," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in ctrikethrough. Section 4. AMENDMENT. DCC 17.08.030, Definitions Generally, is amended to read as described in Exhibit "C," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in 6trikethrough. Section 5. REPEAL. DCC 17A, City of Bend Sign Code Ordinance No. NS -1495, is repealed in its entirety. Section 6. AMENDMENT. DCC Title 18, Deschutes County Zoning Map, and DCC Title 19, Zoning Map of the Bend Urban Area, are amended to change the zone designation to Urbanizable Area ("UA") District for certain property depicted on the map set forth as Exhibit "D", attached and incorporated by reference herein. Section 7. AMENDMENT. DCC 19.04.010, Title, and DCC 19.04.030, Applicability, and DCC 19.04.040, Definitions are amended to read as described in Exhibit "E," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in ctrikethrough. Section 8. AMENDMENT. DCC 19A, City of Bend Zoning Ordinance, is repealed in its entirety, and replaced as described in Exhibit "F," attached hereto and by this reference incorporated herein. /// PAGE 2 OF 3 - ORDINANCE NO. 2017-009 Section 9. FINDINGS. The Board adopts as its findings Exhibit "G", and incorporated by reference herein. Dated this of , 2017 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair ANTHONY DeBONE, Vice Chair ATTEST: Recording Secretary PHILIP G. HENDERSON, Commissioner Date of 1s` Reading: day of , 2017. Date of 2°a Reading: day of , 2017. Record of Adoption Vote Commissioner Yes No Abstained Excused Alan Unger Tammy Baney Anthony DeBone Effective date: day of , 2017. ATTEST: Recording Secretary PAGE 3 OF 3 - ORDINANCE NO. 2017-009 Chapter 15.08. SIGNS *** 15.08.015. Bend aaljrban Area Sign Code. Notwithstanding 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 tern is defined in that certain intergovernmental agreement entered into between the City of Bend and the Co 1998. The City of Bend Sign Code Ordinance, No. as may be amended from time to time, shall apply in that geographic area to those landsinstead. (Ord. 2017-009 §1, 2017; Ord. 2014-018, §2, 2014; Ord. 98-052 §1, 1998) 15.08.040. Specific Definitions. .08A, and *** "Urban Growth Boundary (UGB)" means the urban growth boundary as adopted by the City and County and acknowledged by the State, as set forth in the Bend Comprehensive Plan and as shown on the Bend Comprehensive Plan map. *** ((Ord. 2017-009 §.1, 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, §§1.030 and 1.050, 1981) Page 1 of 1- EXHIBIT A TO ORDINANCE NO. 2017-009 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„ The city of Bend Subdivision Ordinance, No. NS 13'19, as adopted by the Board of County Commissioners as DCC Title 17P , 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. 2017-009 §3, 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) Page 1 of 1- EXHIBIT B TO ORDINANCE NO. 2017-009 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, as set forth in the Bend Comprehensive Plan and as shown on the Bend Comprehensive Plan map. *** (Ord. 2017-009 §4, 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) Page 1 of 1- EXHIBIT C TO ORDINANCE NO. 2017-009 Legend Proposed Rezone To Urbanizable Area (UA) Bend City Limit ZONING MAP City of Bend Exhibit "0" to Ordinance 2017-009 0 1,375 2,750 5,500 8,250 eet June 20, 2017 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Tammy Baney, Chair Tony DeBone, Vice Chair Philip G. Henderson, Commissioner ATTEST: Recording Secretary Dated this of , 2017 Effective Date: 2017 Chapter 19.04. TITLE, PURPOSE, COMPLIANCE AND DEFINITIONS 19.04.010. Title. DCC Title 19 shall be known as the "Zoning Ordinance" of the Bend Urban Area of Deschutes County, Oregon and of the land withdrawn from the City of Bend by the County by City Resolution 2459. (Ord. 2017-009 §7, 2017; Ord. 90-038 §1, 1990) *** 19.04.030. Applicability. DCC Title 19 applies to the Bend Urban Area and to the land withdrawn from the City of Bend by the County by City Resolution 2459. DCC Title 19A applies to lands inside the UA District. (Ord. 2017-009 §7, 2017) 19.04.040. Definitions. *** "Bend urban area" means that area lying inside the adopted Bend Urban Growth Boundary that is shown on the Deschutes County Comprehensive Plan Map as Urban Area Reserveand outside the City of Bend boundaries. "Urban Growth Boundary (UGB)" means the urban growth boundary as adopted by the City and County and acknowledged by the State, as set forth in the Bend Comprehensive Plan and as shown on the Bend Comprehensive Plan map. *** (Ord. 2017-009 §7, 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) Page 1 of 1- EXHIBIT E TO ORDINANCE NO. 2017-009 TITLE 19A. BEND URBANIZABLE AREA (UA) 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 (UA) District is intended to preserve large areas of undeveloped or rural land for future urban development prior to annexation. The UA 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 District apply to all land inside the Urban Growth Boundary but outside the city limits, except for the land withdrawn from the City of Bend by the County by City Resolution 2459. The City of Bend is responsible for administering Title 19A using the Bend Development Code (BDC). The UA District will automatically be removed upon annexation to the City, and the zoning that implements the Bend Comprehensive Plan designation for the property will apply. C. Area and Master Planning. The City has the authority to process Area Plans under BDC Chapter 4.1, Development Review and Procedures and BDC Chapter 4.6, Land Use District Map and Text Amendments (Type N process) and Master Plans under BDC Chapter 4.5, Master Planning and Alternative Developments and BDC Chapter 4.6, Land Use District Map and Text Amendments (Type III process) in the UA District prior to annexation. However, development of the property with the uses authorized by the Area or Master Plan may only occur after annexation. D. Definitions. The following definitions apply to DCC Title 19A in addition to the definitions in the BDC. "Urban Growth Boundary (UGB)" means the urban growth boundary as adopted by the City and County and acknowledged by the State, as set forth in the Bend Comprehensive Plan and as shown on the Bend Comprehensive Plan map. "Urbanizable Area (UA) District" means the unincorporated area inside the Urban Growth Boundary (UGB) but outside the city limits, except for the land withdrawn from the City of Bend by the County by City Resolution 2459. 19A.01.020. Permitted and Conditional Uses. A. Permitted Uses. The land uses listed in Table 19A.01.020 are permitted in the UA District when allowed in the zoning district that implements the underlying Bend Comprehensive Plan designation, except as otherwise specified in this section, subject 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 Ruling or as part of a development application. Page 1 of 1- EXHIBIT F TO ORDNANCE NO. 2017-009 Table 19A.01.020 — Permitted Land Uses Land Use UA District Residential Single-family detached dwelling P *Accessory dwelling units (ADUs) P *Manufactured homes on individual lots P Residential care home (5 or fewer residents) P Adult day care P Family childcare home (16 or fewer children) P *Home occupation (Type I/Type II) P/C *Public and Institutional *Utilities (above ground) C *Miscellaneous Uses Bed and breakfast inn C ** Farm use P Farm stand P ** Agricultural building or equine facility P **Forest use in compliance with an approved Forest Management Plan P See DCC 19A.01.040(D) *Plant nursery C *Small hydroelectric facility P Wireless and broadcast communication facilities See BDC Chapter 3.7 **Expansion, alteration or replacement of a lawfully permitted building and use as of Month, Date, 2017(INSERT DATE) P/C See DDC 19A.01.030.(C) *Temporary Uses See BDC Chapter 3.6.400 Page 1 of 1- EXHIBIT F TO ORDINANCE NO. 2017-009 Land Use UA District (*)(**)Accessory uses and structures for uses in DCC Table 19A.01.020 and (*)(**) accessory uses and structures for existing lawfully permitted buildings and uses as of Month, Date, 2017 (INSERT DATE) P Key to Permitted Uses P = Permitted, subject 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 * Subject to special standards as described BDC Chapter 3.6, Special Standards for Certain Uses. ** Use is permitted regardless of the underlying zoning district that implements the Bend Comprehensive Plan designation 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 — Lot Area and Dimensions 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 Maximum Building Height Maximum height permitted in the zoning district that implements the underlying Bend Comprehensive Plan designation 19A.01.040. Additional Provisions. A. Detached single-family dwellings, accessory buildings and accessory dwelling 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 sewage disposal facilities may be applied where necessary to reserve land for future urban development. B. Frontage improvements must be built to City Standards and Specifications when required under BDC Chapter 4.2, Minimum Development Standards (MDS) Review, Site Plan Review and Design Review. C. An expansion or enlargement of 50 percent or less of a lawfully permitted building and/or use as of Month, Date, 2017 (INSERT DATE) 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. D. Significant Tree Standards. 1. The following significant tree standards are applicable to properties without an approved City of Bend development application, including single-family residential lots or parcels greater than one acre in size: Page 1 of 1- EXHIBIT F TO ORDINANCE NO. 2017-009 a. All deciduous trees measuring six inches or greater and coniferous trees measuring 10 inches or greater as measured four feet above the ground (known as DBH, "diameter at breast height") must be retained on site unless exempted in 19A.01.040(D)(3). b. Grading, operation of vehicles and heavy equipment, and storage of supplies and construction materials are prohibited within the significant trees area, except as approved in writing by the City for installation of utilities or streets. Such approval shall only be granted after the City concludes in writing that there is no other reasonable alternative to avoid the protected area, and any required mitigation is provided in conformance with BDC 1.3.300(C), Mitigation for the Removal of Vegetation. The written approval shall include the specific facts that support the conclusion. 2. Properties with an approved City of Bend development application are not subject to the standards of subsection (D)(1) of this section; however, trees shall be preserved as specified in the development approval and in compliance with BDC 3.2.200, Landscape Conservation. 3. Exemptions. The mitigation standards in BDC 1.3.300(C) do not apply in the following situations: a. Dead, Diseased, and/or Hazardous Trees. Significant trees that are dead or diseased, or pose a hazard to personal safety, property or the health of other trees, may be removed if the Planning Director approves a report and recommendation from a certified arborist or other qualified professional. Prior to tree removal, the applicant must provide a report from a certified arborist or other qualified professional to determine whether the subject tree is diseased or poses a hazard, and any possible treatment to avoid removal, except as provided by subsection (3)(b) of this section. b. Emergencies. Significant trees may be removed in the event of an emergency without development approval pursuant to BDC Title 4, when the trees pose an immediate threat to life or safety, as determined by the Planning Director or designee based on a certified arborist's report submitted to the City. E. Prior to tentative approval of any land division, the general 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 sewage treatment and dispersal systems for properties in the UA District. G. Sign District 5 in BC Chapter 9.50, Signs applies to all properties in the UA District until they are annexed into the City of Bend. H. Deschutes County is considered an affected party and will be notified of all quasi-judicial and legislative development applications. (Ord. 2017-009 §9, 2017) Page 1 of 1- EXHIBIT F TO ORDINANCE NO. 2017-009 FINDINGS I. APPLICABLE CODE SECTIONS AND CRITERIA: Deschutes County Code Title 19 Bend Urban Area Zoning Ordinance Chapter 19.116 Amendments, Appeals and Procedures Title 22, Deschutes County Development Procedures Ordinance Chapter 22.12 Legislative Procedures Oregon Administrative Rules Chapter 660: Division 12 Transportation Planning Rule Division 15 Statewide Planning Goals and Guidelines II. BASIC FINDINGS: A. PROPOSAL: Amendments to the Deschutes County Zoning Map and Zoning Ordinance changing the zoning located in the unincorporated area between Bend city limits and the Bend UGB, except for the land withdrawn from the City by the County by City Resolution 2459, to Urbanizable Area (UA) District and amending the Deschutes County Code (DCC) Chapter 15.08 Signs, Title 17 Subdivisions, and Title 19 Bend Urban Area Zoning Ordinance, repealing Chapter 15.08A City of Bend Sign Code Ordinance No. 1495 and Title 17A City of Bend Subdivision Ordinance No. NS 1349, and amending Title 19A and creating the Urbanizable Area (UA) District. B. LOCATION: The zone change and amendments are applicable to properties located in the unincorporated area inside the Urban Growth Boundary (UGB) but outside the city limits, except for the land withdrawn from the City of Bend by the County by City Resolution 2459. PAGE 1 OF 13 - EXHIBIT G TO ORDINANCE 2017-009 Urbanizable Area - Areas Proposed for Zone Change DBend City Limits EjUrban Growth Boundary Area Proposed for Rezone to UA Map prepared 524/2017 by City of Bend Commune) Development Data sources: Deschutes County and City of Bend GIS, Esn. HERE. UCLorme. hlapreyintha. Gpenstreetmap contributors_ :It'd the Gia user Ccr'munfy III. CONCLUSIONARY FINDINGS: A. CHAPTER 19.116 AMENDMENTS, APPEALS AND PROCEDURES 1. Section 119.116.010 Amendments DCC Title 19 may be amended by changing the boundaries of zones or by changing any other provisions thereof subject to the provisions of DCC 19.166. A. Text changes and legislative map changes may be proposed by the Board of County Commissioners on its own motion, by the motion of the Planning Commission, upon payment of a fee, by the application of a member of the public. Such changes shall be PAGE 2 OF 13 — EXHIBIT G TO ORDINANCE 2017-009 made pursuant to DCC 22.12 and ORS 215.110 and 215.606. B. Any proposed quasi-judicial map amendments or change shall be handled in accordance with the applicable provisions of DCC Title 22. FINDING: The zone change to UA District and text amendments to the DCC are legislative and are being processed pursuant to DCC 22.12. On June 8, 2017, the Deschutes County Planning Commission held a work session to discuss the proposed zone change and the proposed amendments. On June 28, 2017, the BOCC will hold a public hearing and consider the zone change and code amendments. This criterion has been met. 2. Section 19.116.020. Standards for Zone Change. The burden of proof is upon the applicant. The applicant shall in all cases establish: A. That the change conforms with the Comprehensive Plan. Specifically, the change is consistent with the plan's intent to promote an orderly pattern and sequence of growth. FINDING: The 2010 Remand Order on the City's proposed UGB expansion from the Land Conservation and Development Commission (LCDC) stated that the City and County need to provide interim zoning for the lands added to the UGB that will maintain the likelihood that it will be developed with the uses and intensity that the city's underlying analysis of the capacity of the lands is based on. The Remand Order also required the City and County to coordinate and clarify the applicability of the City's Comprehensive Plan Map and Policies within the UGB expansion area. On November 14, 2016, DLCD approved the UGB expansion, and on December 6, 2016, the amended Bend Comprehensive Plan and map designations went into effect. As part of the UGB expansion, the City applied specific Bend Comprehensive Plan designations to the expansion areas consistent with the overall land need determinations. In order to achieve the Bend Comprehensive Plan 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 Bend Comprehensive Plan designations in the urbanizable area. This is done through implementing development regulations that are applicable during the interim until the land is annexed into the City. The UA District is needed for the expansion areas to protect the land designations and policy intent of the Bend Comprehensive Plan and preserve large areas of undeveloped or rural land until properties annex into City limits. Once they are annexed, the UA District zoning will cease and the zoning map will be updated with the zoning district that implements the underlying Bend Comprehensive Plan map designation(s). Therefore, compliance with this criterion has been met. PAGE 3 OF 13 - EXHIBIT G TO ORDINANCE 2017-009 B. That the change will not interfere with existing development, development potential or value of other land in the vicinity of the proposed action. The UA District will regulate the use and division of the urbanizable land to maintain its potential for planned urban development until the properties have either an adopted area or master plan and are annexed into the City limits. The UA District includes permitted land uses such as single-family detached dwelling units, accessory dwelling units (ADUs), manufactured homes, home occupations, farm stands, and bed and breakfast inns when allowed in the zoning district that implements the underlying Bend Comprehensive Plan designation. The District includes lot area (20 acres minimum) and dimension (lot coverage, setbacks and building height) requirements and additional development provisions. The UA District will allow an expansion or enlargement of 50 percent or less of an existing lawfully permitted building and/or use in compliance 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 will also apply. The UA District will help maximize the opportunity for landowners to realize the full potential of urban development when they annex. The ability to develop a property to the maximum level or density of development allowable under City zoning will increase the economic or market value of a property. The lands included in the 2016 UGB expansion were those for which the landowners sought inclusion with the goal of converting rural uses to urban uses as it increases development potential and property values. Therefore, compliance with this criterion has been met. C. That the change in classification for the subject property is consistent with the purpose and intent of the proposed zone classification. FINDING: The UA District is intended to preserve large areas of undeveloped or rural land for future urban development prior to annexation. The UA District promotes the livability, stability, safety and improvement of the City of Bend by allowing orderly development consistent with the Bend Comprehensive Plan. The UA District will automatically be removed upon annexation to the City, and the zoning that implements the Bend Comprehensive Plan designation for the property will apply. Therefore, compliance with this criterion has been met. D. That the change will result in the orderly and efficient extension or provision of public services. Also, that the change is PAGE 4 OF 13 - EXHIBIT G TO ORDINANCE 2017-009 consistent with the County's policy for provision of public facilities. FINDING: The Deschutes County Comprehensive Plan Chapter 4, Urban Growth Management includes the following goal and policy regarding public facilities: Goal 2 Coordinate with cities, special districts and stakeholders on urban growth area zoning for lands inside urban growth boundaries but outside city boundaries. Policy 4.2.6 Develop urban growth area zoning with consideration of the type, timing and location of public facilities and services provision consistent with city plans. FINDING: The City's Public Facility Plans (PFP) for water, sewer collection, transportation, and stormwater are all adopted and acknowledged. The city anticipates updating these PFPs in the coming years to reflect the newly expanded UGB. The UA District creates a holding zone to maintain the urbanizable areas potential for future urban development until appropriate urban facilities and services are planned or available and annexation to the City of Bend can occur. Therefore, compliance with this criterion has been met. E. That there is proof of a change of circumstance or a mistake in the original zoning. FINDING: On November 14, 2016, DLCD approved the UGB expansion of 2,380 acres for the City of Bend, and on December 6, 2016, the amended Bend Comprehensive Plan and map designations went into effect. The UGB expansion provides the following acreages consistent with the overall land needs for housing, employment, and parks and schools: • 1,142 gross acres of residential land (including land for future schools and future parks not yet in the Bend Parks and Recreation District [BPRD] or school district ownership); • 815 gross acres of employment land; • 285 acres of land for public facilities currently in BPRD or school district ownership; and, • 138 acres of existing right-of-way within and fronting UGB expansion areas, needed to provide urban street improvements to support growth in the expansion areas. Due to the adopted UGB expansion, the UA District is necessary for the expansion areas to protect the plan designations and the policy intent of the Bend Comprehensive Plan and to preserve large areas of undeveloped or rural land for PAGE 5 OF 13 - EXHIBIT G TO ORDINANCE 2017-009 future housing, employment, and parks and schools until properties annex into City limits. Therefore, compliance with this criterion has been met. 3. Section 19.116.030. Record of Amendments. FINDING: A signed copy of each amendment to the text of Titles 15, 17 and 19, and the legal description of all lands rezoned legislatively will be maintained on file in the office of the County Clerk. 4. Section 19.116.040. Resolution of Intent to Rezone. FINDING: A resolution of intent was not part of this rezone application. The application was processed in accordance to the Agreement Between the City of Bend, Oregon, and Deschutes County, Oregon, for the Joint Management of the Bend Urban Area. Therefore, this criterion is not applicable. B. CHAPTER 22.12 LEGISLATIVE PROCEDURES 1. Section 22.12.010. Hearing Required FINDING: The application meets this criterion because a public hearing will be held before the BOCC on June 28, 2017. 2. Section 22.12.020, Notice Notice A. Published Notice 1. Notice of a legislative change shall be published in a newspaper of general circulation in the county at least 10 days prior to each public hearing. 2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. FINDING: Timely and sufficient notice of the public hearing was provided pursuant to DDC 22.12.020. The City mailed notice required under ORS 27.186 (aka "Measure 56" notice) to 127 potentially affected landowners on April 26, 2017 that are located in the unincorporated area inside the UGB but outside the city limits, except for the land withdrawn from the City of Bend by the County by City Resolution 2459. Notice of the proposed Deschutes County zone change and amendment was provided to the Department of Land Conservation and Development (DLCD) on May 22, 2017. A notice of the June 28, 2017, Deschutes County Board of Commissioners public hearing was printed in the Bend Bulletin on June 4, 2017. This criterion has been met. PAGE 6 OF 13 - EXHIBIT G TO ORDINANCE 2017-009 B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. FINDING: The notice was posted in the bulletin board in the lobby of the Deschutes County Community Development Department, 117 NW Lafayette, Bend. This criterion has been met. C. Individual notice. Individual notice to property owners, as defined in DCC 22.08.010(A), shall be provided at the discretion of the Planning Director, except as required by ORS 215.503. FINDING: The City mailed notice required under ORS 27.186 (aka "Measure 56" notice) to potentially affected landowners on April 26, 2017 that are located in the unincorporated area inside the Urban Growth Boundary (UGB) but outside the city limits, except for the land withdrawn from the City of Bend by the County by City Resolution 2459. This criterion has been met. D. Media notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. FINDING: Notice will be provided to the County public information official for wider media distribution. This criterion has been met. 3. Section 22.12.030 Initiation of Legislative Changes. A legislative change may be initiated by application of individuals upon payment of required fees as well as by the Board of County Commissioners or the Planning Commission. FINDING: Deschutes County and the City of Bend have been working together on the proposed zone change and code amendments since November 2016. On April 11, 2017, the City Council and the BOCC held a joint work session and discussed the proposed amendments. Following their review, they were supportive of moving forward with the proposed zone change and code amendments to the DCC and BDC. This criterion has been met. 4. Section 22.12.040. Hearings Body A. The following shall serve as hearings or review body for legislative changes in this order: 1. The Planning Commission. 2. The Board of County Commissioners. FINDING: This criterion will be met. B. Any legislative change initiated by the Board of County Commissioners shall be reviewed by the Planning Commission prior to action being taken by the Board of Commissioners. FINDING: On June 8, 2017, the Deschutes County Planning Commission held a work session to review the proposed zone change and text amendments. 5. Section 22.12.050 Final Decision PAGE 7 OF 13 - EXHIBIT G TO ORDINANCE 2017-009 All legislative changes shall be adopted by ordinance FINDING: The zone change (247-17-000194-ZC) and text amendments (247 -17- 000191 -TA) will be implemented by Ordinances upon approval and adoption by the Board; this criterion will be met. C. OREGON ADMINISTRATIVE RULES OAR 660, Division 12, Transportation Planning Rule FINDING: OAR 660-012-0060 requires local governments to maintain consistency between land use regulations and the transportation system plan and demonstrate that planned transportation facilities will be adequate to serve planned land uses. It addresses amendments to land use regulations as well as functional classification systems. Deferral of OAR 660-012-0060 OAR 660-024-0020: Adoption or Amendment of a UGB (1) All statewide goals and related administrative rules are applicable when establishing or amending a UGB, except as follows: * * * (d) The transportation planning rule requirements under OAR 660- 012-0060 need not be applied to a UGB amendment if the land added to the UGB is zoned as urbanizable land, either by retaining the zoning that was assigned prior to inclusion in the boundary or by assigning interim zoning that does not allow development that would generate more vehicle trips than development allowed by the zoning assigned prior to inclusion in the boundary * * *. FINDING: OAR 660-024-0020(1) allows cities to defer addressing the requirements of OAR 660-12-0060 of the TPR (which requires a demonstration that there are adequate planned transportation facilities to serve the planned development) until property added to a UGB is re -designated or rezoned to allow urban development. As part of the UGB acknowledgement, the City Council chose to defer addressing the requirements of OAR 660-12-0060 of the TPR for the urbanizable areas and that the transportation planning and TPR compliance will be accomplished with annexation along with master or area planning. The City has language in the adopted Development Code (4.6.600 Transportation Planning Rule Compliance) that requires the following: When a development application includes a proposed Comprehensive Plan amendment or land use district change, or both, the proposal shall be reviewed to determine whether it significantly affects a transportation facility, PAGE 8 OF 13 - EXHIBIT G TO ORDINANCE 2017-009 in accordance with Oregon Administrative Rule (OAR) 660-012-0060. [Ord. NS - 2016, 20061. The Council also found as part of the UGB acknowledgement that the amendments to the urbanizable areas included new City of Bend Comprehensive Plan designations to meet anticipated land needs until 2028. The zoning of the urbanizable areas retained their existing rural Deschutes County zoning designations. The land uses in the UA district are less than or equally intensive as those currently allowed in the existing county zoning. No new land uses are included in the UA district that would generate more vehicle trips than the uses currently allowed under existing county zoning. When the urbanizable area is rezoned to the UA District, the uses will be further limited and will not generate more vehicle trips than development currently allowed under Deschutes County rural zoning. Therefore, the transportation planning and TPR compliance will still be accomplished with annexation along with master or area planning. D. OAR 660, Division 15, Statewide Planning Goals and Guidelines FINDING: Findings regarding the Statewide Planning Goals and Guidelines are provided below: Goal 1, Citizen Involvement. The City mailed notice required under ORS 227.186 (aka "Measure 56" notice) to 127 potentially affected landowners on April 26, 2017 that are located inside the UGB but outside the city limits, except for the land withdrawn from the City of Bend by the County by City Resolution 2459, to notify them of the Bend Planning Commission and BOCC public hearings. Notice of the proposed Deschutes County zone change and amendment was provided to the Department of Land Conservation and Development (DLCD) on May 22, 2017. A notice of the June 28, 2017, BOCC public hearing was printed in the Bend Bulletin on June 4, 2017. Staff has received 12 phone calls/emails regarding the proposed zone change and code amendments. On April 11, 2017, the City Council and the Deschutes County Board of Commissioners (BOCC) held a joint work session and discussed the proposed amendments. The Bend Planning Commission held a work session on April 24, 2017, and discussed the proposed amendments. On May 22, 2017, the Bend Planning Commission held a public hearing and voted (4-0) to recommend that the City Council approve the amendments. The City Council held a public hearing on June 7, 2017, and conducted the first reading. On June 21, 2017, the Council held a second reading and voted to approve the amendments. On June 8, 2017, the Deschutes County Planning Commission held a work session to discuss the proposed zone change and text amendments. On June 28, 2017, the BOCC will hold a public hearing and consider the zone change and text amendments. Based on these actions, Goal 1 for Citizen Involvement has been met. PAGE 9 OF 13 - EXHIBIT G TO ORDINANCE 2017-009 Goal 2, Land Use Planning, requires a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions and actions. The Goal is met because the County followed the land use planning process and policy framework in the Deschutes County Comprehensive Plan and DCC as a basis for the decisions and actions related to the zone change and new regulations regarding the use of land and to assure an adequate factual base for these decisions and actions. The proposed amendments will be adopted by the BOCC after a public hearing. Multiple opportunities were provided for review and comment by citizens and affected governmental units during the preparation of this ordinance. Goal 2 specifically states that minor plan changes should be based on special studies or other information that will serve as the factual basis to support the change. The public need and justification for the particular change should be established, and must be supported by an adequate factual base. The Goal 2 requirement for an adequate factual base requires that a legislative land use decision be supported by substantial evidence. Through the adoption of the 2016 UGB expansion, the City applied specific Bend Comprehensive Plan designations to the expansion areas consistent with the overall land need determinations. The City also adopted several new chapters to the Bend Comprehensive Plan related to Housing, Economy, and Growth Management. The adopted policies were supported through the adoption of several technical reports that were also incorporated as appendices to the Comprehensive Plan. These appendices include the Buildable Lands Inventory, Housing Needs Analysis, Economic Opportunities Analysis, and Urbanization Report. Together, these appendices to the Comprehensive Plan represent the adequate factual base that supports this legislative land use decision. The UA District is needed for the expansion areas to protect the land designations and policy intent of the Bend Comprehensive Plan until properties annex into City limits. Therefore, the proposed amendments are justified and needed, and compliance with Goal 2 is maintained. Goal 3, Agricultural Lands, Goal 4, Forest Lands, and Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces. Goals 3 and 4 are not applicable because no lands are designated as either agricultural or forest lands in the urbanizable area. Goal 5 is not applicable because these amendments do not affect any regulation that implements Goal 5. Goal 6, Air, Water and Land Resources Quality is not applicable because the County's acknowledged regulations implementing Goal 6 remain in effect with no change in applicability. Goal 7, Areas Subject to Natural Hazards is not applicable because the UGB adoption and proposed UA District does not include any areas where Goal 7 natural hazards have either been identified or mapped. PAGE 10 OF 13 - EXHIBIT G TO ORDINANCE 2017-009 Goal 8, Recreational Needs is not applicable to the proposed DCC amendments because the amendments do not limit any recreational uses in any zone. There are no existing Goal 8 destination resorts affected by either the UGB expansion or the proposed amendments. The proposed amendments do not include any modifications to existing land use regulations for development of a destination resort. Goal 9, Economic Development, is implemented through Oregon Administrative Rule (OAR) Division 9, which is intended to ensure that each jurisdiction maintain an adequate land supply for economic development and employment growth. The acknowledged UGB expansion and related set of efficiency measures ensure an adequate supply of land for economic opportunities in Bend by providing needed types and amounts of employment lands in suitable locations as required by Goal 9, and documented in the Economic Opportunity Analysis and Urbanization Report (Appendices E and L to the Bend Comprehensive Plan). In order to protect the economic lands (commercial, industrial and mixed-use) in the urbanizable areas, the UA District will limit opportunities for housing and other limited rural uses prior to annexation that will not interfere with future urban economic development as contemplated by the Bend Comprehensive Plan. Therefore, compliance with Goal 9 is maintained. Goal 10, Housing, requires provisions to provide for the housing needs of citizens of the state. The acknowledged UGB expansion provides the land needed for future population growth and has been plan designated so that housing is developed to help achieve the City's needed mix of 55% single family detached, 10% single family attached, and 35% multi -family housing. Bend Comprehensive Plan designations have also been applied to the UGB urbanizable areas to accommodate the residual housing units, consistent with the targeted housing mix established for the overall UGB. Goal 10 is satisfied since the UA District will limit opportunities for rural uses in the urbanizable areas prior to annexation that will not interfere with future urban residential development as contemplated by the Bend Comprehensive Plan. Goal 11, Public Facilities and Services. The UA District creates a holding zone to maintain the urbanizable areas potential for future urban development until appropriate urban facilities and services are planned or available and annexation to the City of Bend can occur. The City's Public Facility Plans (PFP) for water, sewer collection, transportation, and stormwater are all adopted and acknowledged. The city anticipates updating these PFPs in the coming years to reflect the newly expanded UGB. Based on the forgoing, the County finds that the proposal satisfies Goal 11. Goal 12, Transportation. To provide and encourage a safe and convenient and economic transportation system. The Goal 14 Administrative Rule (OAR 660-24- 0020(1)(d)) recognizes that: The transportation planning rule requirements under OAR 660-012-0060 need not be applied to a UGB amendment if the land added to the UGB PAGE 11 OF 13 - EXHIBIT G TO ORDINANCE 2017-009 is zoned as urbanizable land, either by retaining the zoning that was assigned prior to inclusion in the boundary or by assigning interim zoning that does not allow development that would generate more vehicle trips than development allowed by the zoning assigned prior to inclusion in the boundary. OAR 660-024-0020(1) allows cities to defer addressing the requirements of OAR 660-12-0060 of the TPR (which requires a demonstration that there are adequate planned transportation facilities to serve the planned development) until property added to a UGB is re -designated or rezoned to allow urban development. As part of the UGB acknowledgement, the City Council chose to defer addressing the requirements of OAR 660-12-0060 of the TPR for the urbanizable areas by retaining the existing Deschutes County rural zoning and that the transportation planning and TPR compliance will be accomplished` with annexation along with master or area planning. The UA District will further limit rural uses and not generate more vehicle trips than development currently allowed under Deschutes County rural zoning and the transportation planning and TPR compliance will still be accomplished with annexation along with master or area planning. Therefore, compliance with Goal 12 is maintained. Goal 13, Energy Conservation, requires land and uses developed on the land to be managed and controlled to maximize the conservation of all forms of energy, based upon sound economic principles. The recent acknowledgement of the UGB considered energy in the evaluation and arrangement of the Bend Comprehensive Plan land use designations in the urbanizable areas. The UA District is intended to preserve the urbanizable areas for future urban development as contemplated by the Bend Comprehensive Plan designations prior to annexation. Therefore, compliance with Goal 13 is maintained. Goal 14, Urbanization. The UA District will regulate the use and division of the urbanizable land to maintain its potential for planned urban development until the properties have an adopted area or master plan and are annexed into the City limits. The UA District does not encourage sprawl or uncoordinated development. The UA District will ensure land is not developed in ways that would prevent the orderly and efficient transition from rural to urban land, and therefore compliance with Goal 14 has been met. Goal 15, Willamette River Greenway, Goal 16, Estuarine Resources, Goal 17, Coastal Shorelands, Goal 18, Beaches and Dunes, and Goal 19, Ocean Resources are not applicable to the proposed rezone and DCC amendments. Because the proposed code amendments are limited in scope, there are no other Administrative Rules applicable to this amendment. Likewise, there are no applicable Oregon Revised Statutes that are criteria applicable to these PAGE 12 OF 13 - EXHIBIT G TO ORDINANCE 2017-009 amendments (Note, consistency with the Transportation Planning Rule (TPR) was discussed previously in this document). Based on the above discussion, the proposed zone change and text amendments to the DCC are consistent with the statewide planning goals and therefore comply with the requirement that the amendment be consistent with state land use planning law. IV. CONCLUSION: Based on the information provided herein, The Board of County Commissioners approve of the amendments to the Deschutes County Zoning Map and Zoning Ordinance changing the zoning located in the unincorporated area inside the UGB but outside the city limits, except for the land withdrawn from the City by the County by City Resolution 2459, to Urbanizable Area (UA) District and amending the Deschutes County Code (DCC) Chapter 15.08 Signs, Title 17 Subdivisions, and Title 19 Bend Urban Area Zoning Ordinance, repealing Chapter 15.08A City of Bend Sign Code Ordinance No. 1495 and Title 17A City of Bend Subdivision Ordinance No. NS 1349, and amending Title 19A and creating the Urbanizable Area (UA) District. PAGE 13 OF 13 - EXHIBIT G TO ORDINANCE 2017-009 Pauline Hardie From: Matt Martin <Matt.Martin@deschutes.org> Sent: Tuesday, June 27, 2017 4:05 PM To: Pauline Hardie Subject: FW: June 14 E-mail For the Record. Matthew Martin, AICP Associate Planner Community Development Department Deschutes County Office: 541.330.4620/Fax: 541.385.1764 www.deschutes.org/cd Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. From: Christen Brown[mailto:christenb@bendaccounting.com] Sent: Monday, June 26, 2017 10:32 AM To: Matt Martin; Peter Gutowsky Subject: June 14 E-mail Matt: To reiterate as mentioned last week at the DCC work session. You stated my E-mail ofJune 14 was in the record. Thank you. I would consider my E-mail ofJune 14 an appropriate discussion with legal prior to the DCC meeting. If I were a county commissioner I would need to know if the conversion from overlay to subzone was an issue and if the UA moratorium was a risk. My concern is: The moratorium on development from the UA overlay when there are existing allowed uses and allowed use after annexation. Everyone understands the reality: development is limited to infrastructure requirements and availability. The moratorium seems over the top. City staff has assured this is not an issue on case by case basis. UA subzone is not case by case. All discussions I have had with the city staff have included the caveat of the use must be an allowed use under the subsequent zoning. Heard, understood and agreed. The question remains - 1 CITY OF BEND NOTE: This PDF document is formatted to be display In Two Page View. CITY MANAGER'S OVERVIEW 2017-2019 Proposed Biennial Budget Bend is the fastest growing metropolitan area on the west coast. To address that growth, the City is transitioning from planning projects to executing them. Council goals continue to drive resource allocation and represent a renewed focus on core services: public safety, infrastructure investment, and community and economic development. Bend is routinely on the top 10 list of cities for places to retire, start a business or enjoy a craft brew. With this attention comes a great deal of pressure on the allocation of limited City resources. There are roads to build, sidewalks to improve, sewer and water lines to be constructed, and additional police officers and firefighters needed to protect our growing population. This budget reflects a 5.5% increase for the first fiscal year and a 4.6% increase for the second, which accounts for the city's core revenues (taxes, licenses, permits, rates and fees). The proposed budget includes a net increase in staffing of 2.7% from current levels with the majority related to increases in infrastructure spending to accommodate growth and address existing deficiencies. Recently the Bend Metropolitan Statistical Area (MSA) was named the best small performing city in the U.S., which is largely based on employment and wage growth. This ranking, although notable and worth celebrating, is also evidence of continued pressure to keep Bend "in balance." Yes, wages are growing, but are they growing in concert with housing prices? Yes, the local economy is performing well, but is it sustainable? Yes, Bend is attractive and people choose to live here, but how do we align community expectations with available revenue to maintain and operate the infrastructure we have as well as build needed improvements? These questions provided a gut check for policy makers and Bend residents as we reviewed the 2017-2019 budget. We are financially challenged by a uniquely low tax rate that was imposed by the state of Oregon in the 1990's, by shrinking state and federal resources for infrastructure improvements, by the expenses associated with long-term liability with Oregon Public Employees Retirement System (PERS), by ever-increasing employee training and development costs, and by the many costs associated with operating and maintaining infrastructure. However, with these challenges comes creativity and innovation in tackling our City's most important issues. Strategies such as public/private partnerships, coordination with other government agencies, and new cost-effective public safety program models are key to our success and are embedded throughout the 2017- 2019 Council Goals. Eric King BUDGET OFFICER / CITY MANAGER 3 OVERVIEW OF 2017®2019 COUNCIL GOALS 1. Implement a growth plan that is consistent with community goals for the economy, environment and affordability OBJECTIVES • Complete foundational policy and fanning work Necessary to impler a aproved an • Prioritize planning and infrastructure investments in the `°expansion": areas • Develop a communication system to connect The City with OSU-Cascades and Neighborhoods • Develop fair and cost effective options to help residents required to convert from septic to sewer • Employ energy efficiency and fossil fuel reduction policies to guide City operations and growth plans 2. Move people and products around Bend efficiently, safely and reliably OBJECTIVES • Improve road conditions and update winter operations policies • Develop a short term capital improvement strategy, including use of Transportation Fund reserves • Involve residents and key stakeholders in developing policies that relieve congestion, improve ease of travel and safety, and identify funding options for desired levels of service • Expand transit service and work towards sustainable funding 3. Increase affordable housing options OBJECTIVES • Quantify housing needs through a data -driven approach �H oritrze land -use and infrastructure planning that maximizes identified sUpply • Increase the inventory of affordable housing through incentives, removing regulatory barriers, and increasing land supply and funding options • Connect community partners that provide housing and services for people who are chronically homeless 4 OVERVIEW OF 2017-2019 COUNCIL GOALS 4. Keep residents safe with innovative and cost-effective public safety services OBJECTIVES Continue to develop innovative service models that improve response times at a lower cost • Implement the Community Engagement Program in the Police Department • Build an additional Fire/EMS Station in the central core of the City to improve response times • Obtain approval for the Fire/EMS Operating Levy renewal 5. Modernize and professionalize how City government operates OBJECTIVES • Propose a City Charter amendment to voters • Update Council Rules to improve meeting efficiency and councilor expectations • Increase capacity of the Neighborhood Association system • Replace the City's operating software as a key driver for business process improvement in land use, permitting, billing and central services • Create systems to assist staff and Council in prioritizing and monitoring resources • Elevate consistency and quality of project management skills across the organization • Promote and improve the City's employee performance management systems 5 IMPLEMENT A GROWTH PLAN THAT IS CONSISTENT WITH COMMUNITY GOALS FOR THE ECONOMY, ENVIRONMENT AND AFFORDABILITY The City's recently approved Urban Growth Boundary (UGB) has set the stage for accommodating an estimated 30,000 new residents that are planned to arrive over the next decade. This plan includes a 10% increase in the City's land supply as well as targeted areas inside the current UGB to accommodate this growth. Now the work turns from planning toward implementation. The first phases in staff's work plan focus on annexation policies and minor updates to infrastructure masterplans as well as additional data analysis that will result in Council deciding which areas will develop first. Additional objectives under this goal include assisting residents with the conversion from aging septic systems to sewer, as envisioned by State law. An advisory committee will help guide decision making over the next few years to balance the needs of residents with state requirements. The committee will consider tools such as Local Improvement Districts (LIDs) and other creative financing strategies. The growth plan will create complete communities and more broadly distribute commercial, employment and recreational activities throughout the City. It will also improve East/West connectivity to ease traffic congestion. 6 COUNCIL GOAL #1 Goal 1: Implement a growth plan that is consistent with c the economy, environment and affordability ommunity goals for Objectives Action/ Project Estimated Timing Complete foundational policy and planning work necessary to implement the approved plan Return on Investment Study- Urban Renewal, Area Plan, Housing Tax Credit programs Fall 2017- Winter 2018 First"Expansion Area lan Cpl ng 2018- Winter 2019 Second Expan' ap" 2+ 19- Winter 2019 Update Existing Urban Renewal Plans Fall 2017- Spring 2018 New Urban Renewal Plans Summer 2018- Spring 2019 Enabling ordinance for housing tax credit program(s) Spring 2018- Winter 2018 Annexation code, Spring 2017- Summer 2017 Plan/Zone inconsistency up zoning Spring 2017- Winter 2017 Joint Management Agreei (Deschutes County), Title; Fall 2017- Winter 2017 Prioritize planning and, infrastructure investments in the,. "expansion" and "opportunity areas; _. Post Acknowledgment Plan Amendment for Collection System MasterPlan Fall 2017 -Spring 2018 Update Sewer System Development` Charges List Fall 2017- Spring 2018 Water Master Plan Amendment' Winter 2017- winter 2018 Update WatE Charges Project Develop ernt" Winter 2 17 Winter 2018 Update Water Reclamation Facility Plant Fall 2017- p ng 2018 Stormwater Education Committee h Advisory Spring 2017- Fall 2018 Full Collectio` Update er Master Plan' Winter 2019- Winter 201 Stormwater Master Plan nn er 2018- Winter 2019 Develop a communication system to connect The City with OSU- Cascades and Neighborhoods Establish a Town/Gown Committee Spring 2019- 2020 beyond Develop fair and cost effective options to help residents required to convert from septic to sewer Complete design, finance, and implementation plan for Septic to Sewer Solutions Project Spring 2017- Winter 2019 7 COUNCIL GOAL #1 Goal 1: Implement a growth plan that is consistent with community goals for the economy, environment and affordability Objectives Action/ Project Estimated Tin In Employ energy efficiency and fossil fuel reduction policies to guide City operations and growth plans Establish targets and identify energy efficiency and fossil fuel use reduction actions for City facilities and operations Spring 2017 -Winter 2019 Conduct Community Greenhouse Gas Emission Inventory Spring 2017- Winter 2019 Integrated Land Use and Transportation Planning, City Council support of Cascades East Transit, fundraising for climate action planning Fall 2017- Winter 2019 8 MOVE PEOPLE AND PRODUCTS AROUND BEND EFFICIENTLY, SAFELY AND RELIABLY This plan includes additional resources to improve the condition of Bend's roads, projects aimed at reducing congestion, improving safety and providing more choices for users. A newly created citizen advisory committee will be tasked with updating the City's Transportation System Plan (TSP) as well as providing recommendations to Council on a variety of transportation related policies. This plan will align a community -accepted level of service with a corresponding funding strategy. Transportation needs have outpaced available funding. More creative and community - supported solutions are needed to move people and products more efficiently. It should be noted that many of the efforts to improve the transportation system, such as additional street preservation funding, are being accomplished through use of one- time revenues and reserves or reductions to central services and are not sustainable solutions. The short-term strategies included in the proposed budget are aimed at building the community support needed for more Tong -term, sustainable solutions to Bend's transportation challenges. 9 COUNCIL GOAL #2 Goal 2: Move people and products around Bend quickly, safely and reliably Objectives Action/ Project stimated Timing Improve road conditions and update winter operations policies Improve Pavement Condition Index with additional resources focusing on high-priority corridors Winter 2017 - 2020 Beyond/Ongoing Implement Latex Modified Slurry Seal program for low volume road treatments Spring 2017 - Beyond/ Ongoing Utilize new innovative equipment (sweeper & portable hot mix asphalt recycler) Winter 2017- Winter 2018 Create synergy projects and leverage investments with other City departments Winter 2017 - 2020 Beyond/Ongoing Implement targeted curb painting program Fall 2017- Beyond/ Ongoing Implement snow removal best practices Fall 2017 Review Committee policy recommendations for Snow and Ice Removal Plan Update with City Council Summer 2017 Implement GPS technology for routing efficiencies & accountability for street sweeping and plowing Summer 2017 Develop a short term capital improvement strategy, including use of Transportation Fund reserve Propose alternate delivery methods to expedite key transportation projects Fall 2017- 2020 beyond Involve residents and key stakeholders in developing policies that relieve congestion, improve ease of travel and safety, and identify funding options for desired levels of service reate tete new e0,to: U date lens' Transportation`; eview and modify -goals -an policies; Create priorities and funding, strategies; • Incorporate Central Westside Pian • Update transportation system; development charges; Fall 2017- 2020 beyond 10 COUNCIL GOAL #2 Goal 2: Move people and products around Bend quickly, safely and reliably Objectives Action/ Project Estimated Timing Expand transit service and work towards sustainable funding Support enabling legislation to create sustainable funding and governance structures for transit Spring 2017- 2020 beyond Implement a downtown connector shuttle during the summer season Summer 2017 11 INCREASE AFFORDABLE HOUSING OPTIONS Perhaps the greatest stress currently facing Bend is the lack of available housing, especially for those individuals and households earning below median family income, which for Bend is about $60,000 annually for a family of four. Bend's desirability and its high growth rate have resulted in increased land costs, driving up sale and rental property prices at a rapid rate. Over the past three years, there has been a dramatic increase in the construction of multi -family housing; nearly 1,500 units have been built or are in the pipeline, which should begin to ease market pressures. The City of Bend has been a leader in creating housing units that are affordable at 60% of area median income (AMI). In fact, Bend has produced more units per capita than any other city in Oregon and is second in total units behind only Portland. These units have been developed in Targe part with the City's unique affordable housing fee that was created in 2006 and has leveraged over $77.6 million in state and federal funding and over $28.4 million in private equity. Work began in 2014 to expand the City's strategy to increase the supply of affordable housing, including incentives, reducing costs by exempting system development fees for certain projects, disposing of public property, and developing new housing models such as a cottage code and easing restrictions on accessory dwelling units. In coordination with the UGB expansion, Council also required certain properties to guarantee the development of affordable housing through deed restrictions. More work will be explored over the biennium in connection with the growth plan to prioritize infrastructure investments and the development of annexation policies that incentivize additional supply. Policies will also be explored to encourage the private market to produce different types of housing models that are affordable to a broad set of incomes. 12 COUNCIL GOAL #3 Goal 3: Increase affordable housing options Objectives Action/ Project stimated Timin Quantify housing needs through a data -driven approach Use UGB Housing Needs Assessment to verify housing need and identify where policy gaps exist Ensure that city's data governance project assimilates data needs for tracking future affordable housing needs Winter 2017- 2020 beyond Prioritize land -use and infrastructure planning that maximizes identified supply needs Increase the inventory of affordable housing through incentives, removing regulatory barriers, and increasing land supply and funding options Identify group of possible incentives for affordable housing, Development Code changes that allow for additional affordable units, and new funding sources or new ways to deploy existing funding Bring City Council package of policy options Summer 2017- Winter 2019 Connect community partners that provide housing and services for people who are chronically homeless Convene stakeholders group to connect housing and service providers, and develop policy and funding strategies Summer 2017- 2020 beyond 13 KEEP RESIDENTS SAFE WITH INNOVATIVE AND COST-EFFECTIVE PUBLIC SAFETY SERVICES As Bend grows and changes it is imperative that our core services keep pace. Police and Fire budgets are nearly 80% of the expenditures in the General Fund. As we grow, how to prioritize the limited General Fund dollars to support a variety of core services will continue to be challenging. Solutions to these challenges lie with the State Legislature. However, there are opportunities at the local level to find more cost effective ways to deliver these services. The creation of the Basic Life Support (BLS) and Quick Response Vehicle (QRV) Programs in the Fire Department are recent examples. The programs increased levels of staffing through use of limited -term employees that has resulted in quicker response times, which makes Bend safer, while reducing costs. The Police Department has also been instituting innovative models such as the Mental Health Crisis Team and use of community-based problem solving that involve stakeholders such as neighborhood associations and the Downtown Bend Business Association. These collaborative models have the potential to drive down `calls for service' by using crime data to strategically deploy resources and engaging community 14 COUNCIL GOAL #4 organizations in crime prevention efforts. However, Bend's fast growth and changing demographics place a high demand on public safety staff, and innovation is required to match resources and service levels with community expectations. Goal 4: Keep residents safe with innovative and cost-effective public safety services Objectives ction/ Project stimated Timing Continue to develop innovative service models that improve response times at a lower cost Use new staffing to reduce response times, and recommend program changes based on data Spring 2017- Fall 2018 Continue newly developed tiered system that includes 1 -person quick response units and cost effective basic life support EMTs Fall 2017 -Fall 2018 Implement the Community Engagement Program in the Police Department Monitor Police Association Contract and quantify proactive policy measures Spring 2017- Fall 2018 Build an additional Fire/EMS Station in the central core of the City to improve response times Complete Station architectural design Fall 2017 Construction of Station Summer 2018 -Winter 2018 Obtain approval for the Fire/EMS Operating Levy renewal Community Survey to assess support for levy Fall 2017 City Council and Rural Fire Protection District Board check in to request approval of resolutions to go to voters May 2018 Winter 2017 15 MODERNIZE AND PROFESSIONALIZE HOW CITY GOVERNMENT OPERATES As Bend transitions into a City of nearly 100,000 residents, it needs to pay close attention to its governance structure, systems, processes and potential for continued efficiencies to ensure it evolves with the community's and organization's needs. Council has indicated support for reviewing the City's Charter and at a minimum, evaluate: how the Mayor is elected, a potential ward system and additional staff capacity that may be needed to support Council in their policy work. A citizen committee will be appointed this summer to study these questions and make recommendations to Council. Any changes will ultimately need to be approved by voters. In parallel with this effort, Council Rules will be reviewed and updated to address such topics as Council agenda development, strategic planning, staff/Council roles, and other areas meant to streamline and improve Council meetings and interactions. Internally, the City of Bend will be addressing four strategic objectives under this goal including: improving the consistency of project management, employee performance, resource management, and replacing the City's outdated operating software. These objectives are aimed at leveraging technology to improve efficiency and access to services for the community. 16 COUNCIL GOAL #5 Goal 5: Modernize and professionalize Objectives how City government Action/ Project operates Estimated Timing Propose a City Charter amendment to voters Conduct a public process to consider and recommend Charter Amendments to the voters by May 2018. Determine scope, committee selection, develop recommendations Spring 2017- Winter 2018 Update Council Rules to improve meeting efficiency and councilor expectations Convene a subcommittee of the Council to review rules and make recommendations to the full Council Winter 2017- Fall 2017 Increase capacity of the Neighborhood Association system Increase communications via e -newsletter; coordinate monthly Neighborhood Association roundtable City presentations Spring 2017- Winter 2019 Provide quarterly best practices trainings Replace the City's operating software as a key driver for business process improvement in land use, permitting, billing and central services Manage the implementation of new integrated: • Licensing, permitting, inspection and land management software Payroll/human resources software • Extended financial modules for fleet management, facilities, work orders, inventory and property file • Replacement software for utility billing and court administration Spring 2017- Winter 2019 Create systems to assist staff and Council in prioritizing and monitoring resources Develop a performance dashboard to monitor progress towards meeting adopted goals Fall 2017- Winter 2019 Create governance structures for project approval and prioritization Elevate consistency and quality of project management skills across the organization Leadership, project management, and technical skills training with COCC Fall 2017- Winter 2019 Charter all inter -departmental projects Continue Project Management Institute training Promote and improve the City's employee performance management systems Continue the Believe, Build, Become a Better Bend (B3) program by implementing Cornerstone software Winter 2017- Winter 2019 Improved systems and training for performance accountability Spring 2017- Summer 2017 17 0 ES I. CaII to Order Community Development Department { Planning Division 1 Building Division ( Environmental Soils Division 117 NW Lafayette Ave I Bend, Oregon 97703-4510 Mailing: PO Box 6005 I Bend, Oregon 97708-6005 (541) 388-6575 i http://www.deschutes.org/cd MINUTES DESCHUTES COUNTY PLANNING COMMISSION DESCHUTES SERVICES CENTER 1300 NW WALL STREET, BEND, OREGON, 97701 JUNE 8, 2017 - 5:30 P.M. Meeting was called to order at 5:33 p.m. by Chair Steve Swisher. Members present: Vice Chair Dale Crawford, Susan Tunno, Hugh Palcic, Les Hudson, Jim Beeger, and Maggie Kirby. Staff present: Nick Lelack, Planning Director, Peter Gutowsky, Planning Manager, Matthew Martin, Associate Planner, Nicole Mardell, Assistant Planner, Isabella (Izze) Liu, Assistant Planner and Kim Adamson, Administrative Secretary. City of Bend staff present: Colin Stephens, AICP, Planning Manager and Pauline Hardie, AICP, Senior Code Planner. Previous meeting minutes to be approved: March 9, 2017, March 16, 2017, March 23, 2017, April 13, 2017, April 27, 2017, May 11, 2017, and May 25, 2017. Corrections were brought forward by the Planning Commission on the 3/16, 3/23, 4/13 and 4/27 minutes. Commissioner Hudson made a motion to approve all minutes submitted after corrections are made, Commissioner Kirby seconded, and all voted in favor to approve with corrections. II. Public Comments There were no public comments III. Work Session: File No. 247 -17 -000191 -TA and 247-17-000194-ZC Work Session: File No. 247 -17 -000191 -TA and 247-000194-ZC - Bend Urban Holding Zone - Matt Martin, Associate Planner • Planning Commission Action Item Printout (attached) Deschutes PC Memo 06 08 17 (002) submitted by Colin Stephens, AICP, Planning Manager and Pauline Hardie, AICP, Senior Code Planner. Pauline presented a PowerPoint which she discussed in depth about the Bend Urban Holding Zone then opened it up for questions or comments. Both Pauline and Colin answered a number of questions raised by the Planning Commissioners (refer to video and attached materials for details) Nick discussed Measure 56 in conjunction with the Bend Urban Holding Zone. The City of Bend will conduct a second reading on the Bend Urban Holding Zone on June 21. A public hearing before the Board of County Commissioners is scheduled for June 28, 2017. Planning Commissioner Beeger said he would like to see a timeframe for development for those lands recently brought into the Bend Urban Growth Boundary. Commissioner Hudson reiterated and expanded on Commissioner Beeger's suggestion. Commissioners do not oppose this matter but they communicated the importance of identifying a timeline for developing lands within the Bend Urban Holding Zone and receiving an update in twelve month intervals. IV. Work Session: Lot of Record Presentation PC Work Session Lot of Record - Peter Gutowsky, Planning Manager • Planning Commission Action Item Printout (attached) Lot of Record PowerPoint Presentation was given by Izze Liu, Assistant Planner and Nicole Mardell, Assistant Planner. After Peter gave an overview of the lot of record process and the county's role in LOR verification, Izze and Nicole went over the key take -a -ways (refer to video and attached materials for details) of their presentation. Commissioner Beeger offered up his thoughts that the 10 week time period is going to be a large problem for the real estate industry. He also emphasized the importance that buyer and sellers in Deschutes County take a pro -active approach to this circumstance, while the County prepares a text amendment. V. Planning Commission & Staff Comments Nick reminded the commissions that we have a Board of County Commissioners public hearing on June 14, 2017 regarding the Department's Annual Work Plan for FY 2017-2018. VI. Meeting Adjourned Next Planning Commission meeting will be on June 22, 2017. There being no further business, the meeting was adjourned. 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