Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2018-114-Minutes for Meeting February 07,2018 Recorded 3/23/2018
Recorded in Deschutes County CJ2018-114 Nancy Blankenship, County Clerk Commissioners' ,journal 03/22/2018 4:28:38 PM ., MI 2018-114 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, February 7, 2018 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 Assistant. Several citizens and one representative of the media were in attendance. CALL TO ORDER: Chair DeBone called the meeting to order at 9:04 a.m. PLEDGE OF ALLEGIANCE CITIZEN INPUT: None was offered. Minutes of Board of Commissioners' Business Meeting February 7, 2018 Page 1 of 5 CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda. HENDERSON: Move approval. BANEY: Second. VOTE: HENDERSON: Yes. BANEY: DEBONE: Consent Agenda Items: Yes. Chair votes yes. Motion Carried 1. Consideration of Board Signature of Document No. 2018-085, Bargain and Sale Deed to the City of Bend 2. Consideration of Signature of Letter Appointing Scott Alsa to the Deschutes River Recreation Homesites Special Road District #1 3. Consideration of Signature of Letter Thanking Karen Newcomb for her Service on the Deschutes River Recreation Homesites Special Road District #1 ACTION ITEMS 1. PUBLIC HEARING: Mazamas Foundation Request for Conditional Use Permit (CUP) and Site Plan (SP) Approval to Establish a Bed and Breakfast Inn and Campground Anthony Raguine, Community Development Department reviewed the application and history of the file. This hearing is specific to the modified application. Mr. Raguine reviewed the hearings procedures. No conflicts were declared by the Board and no challenges were made. Commissioner Henderson inquired on the setback restrictions with regard to the 300 foot setback. Mr. Raguine reviewed the County Code regarding setbacks. Theresa Bright representing the Mazamas Foundation and Roger Whiticker, mechanical engineer presented testimony and provided a binder and exhibits to the Board. Ms. Bright reviewed the modifications made to the application and site plan. The applicant requests a waiver to the setback criteria. Marla Gibson has resided on the neighboring property since 1983 and explained her opposition to the proposal for the bed and breakfast inn and campground. Minutes of Board of Commissioners' Business Meeting February 7, 2018 Page 2 of 5 Luis Elenes, Terrebonne resident and mechanical engineer presented his opinion on the proposed development relating to the modifications. At this time, Commissioner DeBone called for general public testimony. Mark Offenbacher spoke on behalf of neighboring properties to the subject property. If the waivers are allowed, his living room and neighbor's front porch will be both within 300 feet of the campground. They are concerned with noise, visual changes that would provide a compound view, and the future. Al Dertinger owns a neighboring property and addressed the proposed wall fence and his concerns are of noise and enforcement by the County. Kathy Bowman is a physician and owner of a neighboring property. She explained her opposition on the proposed development and submitted maps and research done on lodging and campgrounds within the area. Don Peters explained his work history and is not opposed to growth as long as it's wise and reasonable. Mr. Peters reported on the research he has done on the Mazamas Foundation and provided documentation to the Board. Jan Fuller is an owner of a neighboring property and spoke on the rural growth community plan and the opinion it is not harmonious with the neighboring community. Mary Ann McGinzy commented on the proposed development and how it will affect everyone on a personal level. She commented on the responsibility of sharing Smith Rock Park with the world but asks the Commissioners to think of what having a campground next to their home and neighborhood. Jessica Ledmar owns a neighboring property less than a half mile to the subject property. She spoke on her and her husband's active life with climbing. They feel the Mazamas plan is short sighted and self-serving and has provided a negative relation with neighboring properties. Lee Davis, executive director of Mazamas commented on camping in the Smith Rock Park area. He commented on why the Mazamas are interested in the development and they feel camping and having a property that values climbing is better than someone that could build buy property and build a mansion. Skip Alderson presented a letter by Kathy Clair. The reason things are not going according to plan is because there is no plan. Mr. Alderson is opposed to the development. Rachelle Tanner addressed the gem that is Smith Rock State Park and feels the development is not conducive to the area. Minutes of Board of Commissioners' Business Meeting February 7, 2018 Page 3 of 5 Ms. Bright representing the applicant provided rebuttal and addressed community concerns. Ms. Bright requests the Board approved the modified applications. Mr. Raguine commented on the questions or concerns if the Mazamas do not meet conditions of approval and explained the Code Enforcement division would contact them if complaints were received. Commissioner Henderson inquired on the conditions of approval. Mr. Raguine explained land use approvals and the landscape section of the County Code. The Board suggested the standard 7-7-7 clock for the hearing. Mr. Raguine clarified the first deadline for written testimony would be February 14 at 5 p.m., the February 21 at 5 p.m., and the final legal argument on February 28 at 5 p.m. and requested the information must be received by the county prior to that 5 p.m. deadline. March 14th would be the date scheduled for deliberations. RECESS: At the time of 10:41 a.m., the Board took a short recess and reconvened at 10:58 a.m. in the Allen Conference Room 5. Continuation of Legislative Priorities Discussion Judith Ure, Management Analyst presented the continuation of discussion on the list of bills of the 2018 Legislative Session. Nick Lelack, Community Development Department was also present for the discussion. Ms. Ure noted the county departments have made comments on their priorities for the listed bills. The Board sets the county position on the bills to monitor, support, or oppose. For bills that would be supported, there may be department staff interested in testifying. Ms. Ure will contact PAC West for status updates on bill progress. A copy of the bill list and recommendations by the Board will be attached to the record. Mr. Lelack will draft a letter regarding non -resource land use in counties located in eastern Oregon relative to Senate Bill 1502. Commissioner Henderson spoke on the Senate Bill regarding issues with state forestry and the Board requested supporting at a priority 3. Minutes of Board of Commissioners' Business Meeting February 7, 2018 Page 4 of 5 Ms. Ure noted the first deadline for scheduling bills for a work session is Friday, February 91n At the time of 11:19 a.m., Commissioner Henderson excused himself for another meeting. The Board reviewed bills that would relate to cannabis and industrial hemp. The House Bill 4029 relates to scenic waterways and proposed construction of a bridge on Deschutes River. Commissioner Baney commented on this proposed bill as a state process for something local. County Administrator noted there will be people interested in this topic at the Work Session but stresses it is not a public hearing. Ms. Ure will provide the updated bill list to the Board. OTHER ITEMS: None were offered. ADJOURN Being no further items to come before the Board, the meeting was adjourned at 11:43 a.m. ADATED this Day of 2018 for the Deschutes County Board of Commissioners. ATTEST: w Ring Secretary Anthony DeBone, Chair Philip G. nder on, Vice Chair Tammy f5aney, Mmissioner Minutes of Board of Commissioners' Business Meeting February 7, 2018 Page 5 of 5 REVISED, 2/6/1 s Deschutes 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 9:00 AM, WEDNESDAY, FEBRUARY 7, 2018 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 Document No. 2018-085, Bargain and Sale Deed to the City of Bend 2. Consideration of Signature of Letter Appointing Scott Alsa to the Deschutes River Recreation Homesites Special Road District #1 Board of Commissioners Business Meeting Agenda Wednesday, February 7, 2018 Page 1 of 2 3. Consideration of Signature of Letter Thanking Karen Newcomb for her Service on the Deschutes River Recreation Homesites Special Road District #1 ACTION ITEMS 4. PUBLIC HEARING: Mazamas Foundation Request for Conditional Use Permit (CUP) and Site Plan (SP) Approval to Establish a Bed and Breakfast Inn and Campground. - Anthony Raguine, Senior Planner 5. Continuation of Legislative Priorities Discussion Add -On 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.org/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. Deschutes County encourages persons with disabilities to participate in all programs and activities. To request this information in an alternate format please call (541) 617-4747. 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 Wednesday, February 7, 2018 Page 2 of 2 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 February 7, 2018 DATE: January 29, 2018 FROM: Anthony Raguine, Community Development, 541-617-4739 TITLE OF AGENDA ITEM: PUBLIC HEARING: Mazamas Foundation Request for Conditional Use Permit (CUP) and Site Plan (SP) Approval to Establish a Bed and Breakfast Inn and Campground. RECOMMENDATION & ACTION REQUESTED: On October 11, 2017, the Deschutes County Hearings Officer issued a decision approving the CUP/SP applications. This decision was appealed by Marla Gibson on October 24, 2017. The Board of County Commissioners conducted the appeal hearing on January 3, 2018. During the post -hearing open record period, the applicant submitted a request to modify the application. In response, the Board determined a second public hearing should be conducted to receive evidence and testimony on the modified application. ATTENDANCE: Anthony Raguine, Senior Planner % Community Development Department Planning Division Building Safety Division Environmenlat Sails Division P.O. Box 6GG5 117 NW Lafayette Avenue Bend, Oregon 977'08-6t;C5 Phone: (541) 388-6575 Fax: (541) 385-17 http://�ti,,,,iliv,deschutes.org/cci MEMORANDUM DATE: January 29, 2018 TO: Board of County Commissioners (Board) FROM: Anthony Raguine, Senior Planner RE: Public Hearing on Mazamas Foundation Modification of Application (247- 17 -000319 -CU, 247 -17 -000320 -SP, 247 -17 -000321 -CU, 247-17-000879- A, 247 -18 -000045 -MA) The Hearings Officer approved the proposed bed and breakfast inn and campground, and granted waivers to required setbacks. On January 3, 2018, the Board conducted a public hearing to consider an appeal of the Hearings Officer's approval. During the post -hearing open record period, the applicant submitted a request to modify the application as detailed below. In response to the request to modify the application, the Board determined a second public hearing should be scheduled to receive evidence and testimony on the modified application. MODIFICATION OF APPLICATION As shown on Exhibit A, the modified application includes a number of key components: • The campground will observe a 100' setback from the south property line, thereby eliminating the need for a setback waiver from the south property line; • The Hearings Officer approved a 75' campground setback from the northeast property line that the applicant proposes to retain. Therefore, a waiver from the required 100' setback is still necessary; • The campground setback from NE Crooked River Drive will be reduced from 160 feet to 105 feet. Because the required setback is 300 feet, a setback waiver is still necessary; • Campground now located closer to the bed and breakfast inn; • Campsite #6 removed; • The tent site associated with Campsite #6 relocated to Campsite #51; • Reduction in total campsite area from 8,520 square feet to 7,100 square feet; • Bed and breakfast structure altered to allow placement of the outdoor gathering area to the north of the structure for additional noise buffering; The maximum 20 campground guests remains unchanged. Quality t* `vdcca I' rrfi)i a ie d ivith IIi-ide • Caretaker's room moved to east end of bed and breakfast structure to provide direct line -of -sight to campsites; • Additional 6' acoustical and visual screens/fencing along south and southeast end of campsites; • Seven -foot acoustical fence along south property line reduced to 5' privacy fence to improve field of view from the adjoining property to the south; • Parking lot relocated to the northern portion of the property. SCOPE OF REVIEW Pursuant to DCC 22.32.027(3), the Board determined the public hearing on the modified application shall be heard de novo. 150 -DAY LAND USE CLOCK Pursuant to DCC 22.20.055(8), the applicant agreed to restart the 150 -day land use clock as of January 17, 2018, the date the modified application was submitted. The 150th -day upon which the county must render a final local land use decision is June 18, 2018. 80' from the south property line, bringing it close to compliance with the setback requirement. Proposed solution as Condition of Approval: Reconfigure the walk-in campground layout as illustrated below. The setback along NE Smith Rock loop would be increased from 40' to 50'. The setback along the south property line would be increased from 25' to 40'. Permanently establish the tent site locations. Utilize these permanently established setback locations as the dimension points for the setback from the property line in lieu of the edge of the walk-in campsite area outline. Note: red dash line indicates perimeter of walk-in campground as submitted. Proposed adjustment to walk-in campground configuration as Condition of Approval: f l l z 5 S r : ,f E u ... ..... ...�e �.......,,{ . .rti.... Additional Evidence — First Round Submittal MAZAMA FOUNDATION File#247-17-000319-CU, 320 -SP, 321 -CU Page 21 of 25 P.O. Box, 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 Phone: (541) 388-6575 Fax: (541) 385-1764 http:,//w�;,r,,v.deschutes.org/cd NON-VISIBLE LANDSCAPE MANAGEMENT APPLICATION FEE: If the Applicant shows that the proposed development will not be visible from the designated Landscape Management (LM) roadway, river or stream, the proposed development will not be required to meet the design review and setback standards of the LM Zone (DCC 18.84.080 and 18.84.090). Applicant's Name (print): INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED Phone:( ) Mailing Address: City/State/Zip: Applicant's Email Address: Property Owner's Name (if different)*: Phone: ( ) Mailing Address: Property Description: Township_ Property Address, if known (situs): Property Zone(s): Lot of Record? (state reason): City/State/Zip: Range Section Tax Lot Landscape Management Feature (road, river, etc.): Proposed Use (check all that apply): Single family dwelling Manufactured home: Class: A B C Addition to existing structure Garage Other: Property Size (acres or sq. ft.): Structure is not visible, and will remain not visible, because of (check all that apply): Vegetation Topography Existing development Other: Description of vegetation/topography development: (over) Nm► THE FOLLOWING MUST ACCOMPANY THIS APPLICATION: 1. Appropriate original signatures. To ensure timely processing of your application, all materials must be submitted on single -sided, 8.5" x 11" paper. Do not use binders, tabs/dividers, staples or tape. 2. A copy of the current deed showing the property owners. 3. Correct fee. 4. All applicable standards and criteria must be addressed in writing prior to acceptance of the application. Detailed descriptions, maps and other relevant information must be attached to the application. 5. A plot plan, drawn to scale (include copies no larger than 11 x 17 if oversized plans are provided), showing: a. Property boundaries, dimensions, and access. b. Setbacks from property boundaries (and river and rim rock, if present). c. Location and dimensions of existing and proposed buildings, septic system, well, exterior lighting and other improvements. d. Fences, or a statement that no fencing is proposed. e. Special topographic features including rimrock, rock outcroppings or sloped areas, if any exist. 6. A landscape plan, drawn to scale (include copies no larger than 11 x 17 if oversized plans are provided), showing vegetation that screens the proposed development, including: a. The location, size and species of existing vegetation six (6) inches in diameter or greater. b. Vegetation to be removed and/or added. PLEASE NOTE: This application is for a development that will not be visible from the designated landscape management corridor. If CDD staff finds that the proposed structure will be visible from the LM feature, the applicant will be required to submit a new application for a visible structure accompanied by the proper application fee and all pertinent information necessary to complete the review. If color exhibits are submitted, black and white copies with captions or shading delineating the color areas shall also be provided. To the best of my knowledge, the proposal complies with all previous conditions of approval and all other applicable local, state, and federal laws. By signing this application, I acknowledge that Deschutes County planning staff may make a site visit(s) to the address(es) listed on this application in order to evaluate the property(ies) with the Deschutes County Code criteria applicable to the land use request(s) submitted. Please describe any special circumstances regarding a potential site visit: Applicant's Signatu Property Owner's Signature (if different)*: Date: Agent's Name (if applicable): Phone: ( ) Mailing Address: Agent's Email City/State/Zip: *If this application is not signed by the property owner, a letter authorizing signature by the applicant must be attached. By signing this application, the applicant understands and agrees that Deschutes County may require a deposit for hearings officers' fees prior to the application being deemed complete. If the application is heard by a hearings officer, the applicant will be responsible for the actual costs of the hearings officer. 6/16 X MAZAMA RANCH AT SMITH ROCK - New Bed & Breakfast and Walk-in Campground Deschutes County Board of Commissioners Appeal Hearing — Modification Hearing Outline & Exhibits File#247-17-000319-CU, 320 -SP, 321 -CU Appeal Hearing Date: December 18, 2017 Continuance: January 3, 2018 Modification Hearing: February 7, 2018 Submitted to the record: February 7, 2018 EXHIBIT A: MODIFIED SITE PLAN EXHIBIT B: MODIFIED SITE PLAN vs PREVIOUS EXHIBIT C: NOISE ANALYSIS • Technical memorandum • Setbacks & estimated cumulative noise levels ® Technical specifications of acoustical treatments EXHIBIT D: LANDSCAPE PLAN • As submitted with application materials; to be revised to correlate to modified site plan. EXHIBIT E: AERIAL VIEW RENDITION EXHIBIT F: STREET VIEW FROM CROOKED RIVER DRIVE RENDITION EXISTING VIEWS FROM CROOKED RIVER DRIVE (LM ROAD) EXHIBIT G: STREET VIEW FROM SMITH ROCK LOOP RENDITION EXHIBIT H: CROSS SECTION: SMITH ROCK LOOP & BERM PROFILE - PROPOSED EXHIBIT I: CROSS SECTION: CAMPGROUND AND ACOUSTICAL / VISUAL — PROPOSED EXHIBIT J: EXISTING STRUCTURES ALONG CROOKED RIVER DRIVE EXHIBIT K: SETBACK WAIVER NARRATIVE EXHIBIT L: APPLICANT'S RESPONSE TO COMMUNTIY CONCERNS (updated) Page 1 of 1 02/07/2018 Deschutes County Board of Commissioners Appeal Hearing — Modification Outline and Exhibits MAZAMAS FOUNDATION File#247-17-000319-CU, 320 -SP, 321 -CU Hennebery Eddy Architects RXWAA�t A. Wm �_ a - a Aa o; ryh'��F / 11 PARKING LOT, ASPHALT OR PERVIOUS ASPHALT PEDESTRIAN WALKWAY, CONCRETE ^� LANDSCAPED BERM _ ESTIMATED NOISE LEVELS _ A, — -- FROM CAMPGRO_U" ND'(CG) 30 dBA_ / ti ESTIMATED NOISE LEVELS _ FROM OUTDOOR GATHERING AREA (OGA) 43 dBA / �, j �` ♦ ROCK RETAINING WALL FROM CAMPGROUND (CG): 32 dBA FROM OUTDOOR GATHERING AREA (OGA): 21 dBA PARKING LOT � � _ _. 15:SPACES i TOTAL \\ PROPERTY LINE �FOR SMI HROCKLNT OOP qg AF QpP10- ROCKSCREENWALL RI PEM(OUS ASPHALT LANDSCAPING NOT SHOWN ON THIS SITE PLAN DIAGRAM. LANDSCAPING TO BE CONSISTENT WITH LAND USE / " — qAp ggF9ptiT'� DRAWINGS, LANDSCAPE DRAWINGS L100, L101, L110, AND L111 / ROC K SCREEN WALLS / / 5 FIRE DEPARTMENT </ — � �— —_ = L — 1 .— — — — — e — — — _ _ \ 1 / / ACCESS DRIVE OUTDOOR WALK-IN CAMP SITES PROPOSED CAMPGROUND GATHERING AREA\ 5 CAMPSITES TOTAL SETBACK , \\ PEDESTRIAN /I i / WALKWAY, CONCRETE / 2 TENTS PER CAMPSITE \ r / 1,420 SF/SITE \ FIRE DEPARTMENT ) / BEDROOMS SF TOTAL \\ \ ACCESS, 149' MAX / / (\ °i 6' TALL ACOUSTICAL AND \ /SOP GUEST AREA PUMPHOUSE VISUAL SCREEN/FENCE \\ HOUSE , BED & o \ SEPTIC DRAINAGE FIELD /6��JeN BREAKFAST INN \\ / / l L — — — — — — — — — — — — — — — — — —'— — L -------------------------------------- / MUA ZONE, REAR YARD SETBACKBUILDING SETBACK / o L_ - _____ - .__..__.____-__...__ N 5'TALL PRIVACY FENCE SPLIT RAIL FENCE EIM STATED NOISE UEVELS FROM CAMPGROUND (CG '30 dBA FROM OUTDOOR GATHERING AREA (OGA): 17 dBA PROJECT NORTH EXISTING NEIGHBORING o' s zo na HOUSE MAZAMA RANCH AT SMITH ROCK 1 02/05/18 SITE PLAN DIAGRAM Henneberylddy Architects cp C 4 5 WALK -IN CAMP SITES % e� H�USE, BED & SEPTIC DRAINAGE FIELD BREAKFAST INN rr - ---------------------------- PROJE� NORTH EXISTING NEIGHBORING W W 4.' HOUSE EXHIBIT B MAZAMA RANCH AT SMITH ROCK 1 02/05/18 SITE PLAN DIAGRAM REVISIONS OVERLAY r-:vhihit (`_ Environmental Noise and Vibration Control • Regulatory Support • Public Meeting and Technical Presentations TO: Teresa Bright, Project Manager FROM: Roger Whitaker, P.E. DATE: February 5, 2018 This technical memorandum was prepared as a supplement to the Noise Technical Report for the Proposed Mazama Ranch Bed and Breakfast and Campground dated August 28, 2017 and to the Technical Memorandum dated December, 4, 2017. The project team has further refined the proposed project design in an effort to increase the campground setback to the noise sensitive property to the south and to bolster visual and noise mitigation. As discussed below, the revised design improves the expected noise levels from the gathering area and the campground compared to the previously proposed design. As was concluded in the previous acoustical analyses, based on the operation of the revised Mazama ranch site plan, the number of employees and guests, and the estimated onsite vehicular traffic, the applicable DEQ noise standards would be met. The design revisions that affect the noise analysis results are as follows: New campground setbacks: South Property Line (Gibson): 100 feet East Property Line (Smith Rock Loop): 75 feet North Property Line (Crooked River Drive): 150 feet New campground revisions: Consolidate tent site locations from 6 to 5 Relocate the acoustical barriers to the southern edge of the campground Gathering area revisions: • Abuts the center/northside of the Bed and Breakfast structure, shielded from view to the south, west, and east property lines (see Exhibit A) In addition to the revisions of the project site plan, the project team has selected specific acoustical products to be used in the acoustical fencing around the campground and acoustical panels for the gathering area. With more specificity in the construction materials, the acoustical results can be more precisely estimated. Appended to this technical memorandum is the manufacturer's specification for the ABBC-13EXT AudioSeal® Exterior Sound Blanket. This exterior grade mass -loaded vinyl barrier would be installed between wooden fencing material for the campground and between ceiling/wall panels for the partial gathering area enclosure. Although only the direct sound transmission loss (i.e., sound reduction as it passes through the barrier) was included in the calculations, the product also provides significant sound absorption qualities which would improve overall performance beyond the estimates provided here. Page 1 of 3 The table below provides cumulative noise level estimates to the three property lines and includes the results for the original site plan for comparison. Table l: Cumulative Noise level estimates at South, East and North Property Lines The results shown in Table 1 are based on conservative estimates of 15 people speaking in a loud voice in either the campground or the outdoor gathering area. The estimate is considered conservative (i.e., worst-case scenario) based on (1) the unlikelihood that 50% of the guests would be speaking in a loud voice at any given time, (2) the enforceable guest policies prohibiting loud or boisterous behavior at any time, and (3) the establishment of Quiet Hours after 9 p.m. The Department of Environmental Quality establishes a daytime noise level limit of 55 dBA and a nighttime noise level limit of 50 dBA at the nearest noise -sensitive property line. This statistical limit is denoted at Lso and represents the measured sound level exceeded 50 percent of measurement period and is an appropriate standard in this case. The nearest -noise sensitive property line is to the south and as shown in Table 1, both the campground sound levels of 30 dBA and outdoor gathering area sound levels of 17 dBA are substantially below what DEQ deems acceptable. The estimated sound levels at the east and north property lines are also well below the DEQ criteria, albeit these locations are not considered noise -sensitive. Based on the current design proposal, the line -of -sight to the campground and the outdoor gathering area would be fully shielded from the nearest noise -sensitive property line to the south. In the previous design, the campground and outdoor gathering area were partially shielded from view by the proposed 7 -foot acoustical fencing but would have remained visible from the eastern portion of the south property line. By placing the gathering area to the north and in the center of Bed and Breakfast structure and relocating the acoustical barrier to the southern boundary of campground, the line -of -sight to both areas are completely blocked. This new design would result in effective sound and visual barriers for the south property. Typical noise levels from various sources and in various environments have been well documented and are available to those interested in the subject matter. As a comparison to the 30 dBA and 17 dBA estimates at the south property line, the noise environment of a library is often cited as being 35 dBA and a quiet forest has been documented at 15 dBA. This is not to say the noise environment in areas around the proposed project site are or will be at these "quiet" levels most times during that day as the Page 2 of 3 South Property Line East Property Line North Property Line (Gibson) (Smith Rock Loop) (Crooked River Drive) Outdoor Outdoor Outdoor Campground Gathering Area Campground Gathering Area Campground Gathering Area Setback dBA Setback dBA Setback dBA Setback dBA Setback dBA Setback dBA Site Plan Dec 18, 2017 40' 45 72' 24 75' 45 155' 40 160' 43 150' 43 Site Plan Proposed 100' 30 75' 17 75' 32 200' 21 110' 30 150' 43 New includes 25' easement on Subject Property The results shown in Table 1 are based on conservative estimates of 15 people speaking in a loud voice in either the campground or the outdoor gathering area. The estimate is considered conservative (i.e., worst-case scenario) based on (1) the unlikelihood that 50% of the guests would be speaking in a loud voice at any given time, (2) the enforceable guest policies prohibiting loud or boisterous behavior at any time, and (3) the establishment of Quiet Hours after 9 p.m. The Department of Environmental Quality establishes a daytime noise level limit of 55 dBA and a nighttime noise level limit of 50 dBA at the nearest noise -sensitive property line. This statistical limit is denoted at Lso and represents the measured sound level exceeded 50 percent of measurement period and is an appropriate standard in this case. The nearest -noise sensitive property line is to the south and as shown in Table 1, both the campground sound levels of 30 dBA and outdoor gathering area sound levels of 17 dBA are substantially below what DEQ deems acceptable. The estimated sound levels at the east and north property lines are also well below the DEQ criteria, albeit these locations are not considered noise -sensitive. Based on the current design proposal, the line -of -sight to the campground and the outdoor gathering area would be fully shielded from the nearest noise -sensitive property line to the south. In the previous design, the campground and outdoor gathering area were partially shielded from view by the proposed 7 -foot acoustical fencing but would have remained visible from the eastern portion of the south property line. By placing the gathering area to the north and in the center of Bed and Breakfast structure and relocating the acoustical barrier to the southern boundary of campground, the line -of -sight to both areas are completely blocked. This new design would result in effective sound and visual barriers for the south property. Typical noise levels from various sources and in various environments have been well documented and are available to those interested in the subject matter. As a comparison to the 30 dBA and 17 dBA estimates at the south property line, the noise environment of a library is often cited as being 35 dBA and a quiet forest has been documented at 15 dBA. This is not to say the noise environment in areas around the proposed project site are or will be at these "quiet" levels most times during that day as the Page 2 of 3 presence of other noise sources including cars, ATVs/utility vehicles, barking dogs, trains, aircraft flyovers contribute to a higher overall noise environment. It is reasonable to assume that the current nighttime noise levels in the area drop below 30 dBA when the roads and the skies are void of traffic. It is also reasonable to conclude, based the results in Table 1, that the estimated noise level contribution from the proposed Mazama Ranch Bed and Breakfast and campground operations is sufficiently low enough to allow for the preservation of those quiet evening periods currently enjoyed by the local residents. Sincerely, Roger Whitaker, PE Acoustical Engineer Page 3 of 3 ■ COUStICa1® 2420 Grenoble Road Richmond, VA 23294 SOLUTIONS Toll Free: 800-782-5742 1� For every environment of your life. • Tutee SIZE: 54" x 96" Up to 54"x20' THICKNESS: 1" 2" (Standard) 4" (Special Order) CONSTRUCTION: UV resistant heavy-duty vinyl coated polyester faced quilted fiberglass backed with a one pound per square foot reinforced mass loaded vinyl sound barrier FACING COLOR: Grey, Tan (Standard) Black, Off -White (Special Order) BARRIER COLOR: Grey, Tan (Standard) Olive, Blue (Special Order) WEIGHT (P.S.F.): 1.2 (1"), 1.45 (2"), 2.9 (4") TEMP RANGE: -20 deg. F to 180 deg. F Technical Data Sheet The ABBC-13EXT AudioSeal° Exterior Sound Blanket is a barrier backed panel used to block and absorb sound for exterior applications. The blanket is an exterior grade barrier backed composite (BBC), consisting of UV and tear resistant vinyl coated polyester facing. The facing is quilted on environmentally sustainable 1-2 inch fiberglass batting with Gore' Tenara° thread. It also has a reinforced 1 Ib / sq ft mass loaded vinyl barrier bonded to one side. These blankets are a combination of sound blocking and sound absorbing material. The sound attenuation blankets are constructed with grommets across the top and Velcro° along the vertical edges of the blankets for easy installation and layering. The exterior grade ABBC- 13EXT is great for use in outdoor environments where extended lifespan and durability is required. Acoustical Fencing Example (Top view) SOUND ABSORPTION (ASTM C 423) Thickness 125 Hz 250 Hz 500 Hz 1000 Hz 2000 Hz 4000 Hz NRC 1" 0.18 0.68 0.74 0.72 0.42 0.29 0.65 2" 0.45 0.96 0.87 0.66 0.47 0.28 0.75 4" 0.67 1.05 0.97 0.84 0.86 0.52 0.95 SOUND TRANSMISSION LOSS (ASTM E90 & E413) Thickness 125 Hz 2S0 Hz 500 Hz 1000 Hz 2000 Hz 4000 Hz STC 1" 15 17 28 40 45 52 29 2" 14 20 32 41 42 41 33 4" 16 21 30 41 52 1 56 34 as-abbcl3ext-audioseal-exterior-sound-blanket-data-sheet 2018-01-22 1. 00 NOT CUT ROOTS OR BRANCHES UNLESS UNDER THE SUPERVISION OF THE PROJECT ARBORIST. 2. DO NOT STORE MATERIALS• EQUIPMENT OR COMPACT SOIL UNDER TREE DRIP -LINE. 3. DO NOT DRIVE VEHICLES OR EQUIPMENT UNDER TRR DRIP -LINE. 4. DO NOT DISCHARGE LIQUIDS UNDER THE DRIP -LINE. 5. ONLY EXCAVATE AROUND ROOTS WITH LOW -IMPACT METHODS) APPROVED BY OWNER'S REP. 1DTREE PROTECTION AND REMOVAL NOTES SCALE NTS SEEDING NOTE 1. LIMITS OF SEEDING SHOWN ARE APPROXIMATE. SEED ALL DISTURBED AREAS WITH SPECIFIED SEED MIXES IF NO OTHER TREATMENT IS INDICATED. 2 SEDI ENG NOTES SCALE. NTS PART 1- GENERAL 1.01 WARRANTY AND MAINTENANCE REQUIREMENTS A. ALL MATERIALS HEREIN ARE TO BE MAINTAINED AND WARRANTED FOR 365 CALENDAR DAYS COMMENCING AT THE DATE OF APPROVED SUBSTANTIAL COMPLETION TO ENSURE ESTABLISHMENT. B. ALL PLANT MATERIALS AND EQUIPMENT REPLACED UNDER WARRANTY SHALL BE REPLACED ACCORDANCE WITH ALL PROVISIONS OF THE CONTRACT DOCUMENTS. EQUIPMENT SHALL BE OF THE SAME MANUFACTURER, MODEL, SIZE AND QUANTITY AS ORIGINALLY INSTALLED. OWNER RESERVES THE RIGHT TO INSPECT PLANT MATERIALS REPLACED UNDER WARRANTY AND REJECT THOSE THAT 00 NOT CONFORM TO SPECIFIED STANDARDS. C. CRITERIA FOR MAINTENANCE PERIOD ACCEPTANCE INCLUDES: 1. WEED FREE LAWNS AND PLANTING AREAS 2. NO SOIL EROSION IN LAWNS AND PLANTING AREAS 3. LAWNS FULLY ESTABLISHED, MOWED & EDGED 4. VIGOROUS PLANT MATERIAL. FREE OF INSECTS, MOLD, DISEASE ETC. FULLY LEAFED. 5. TREES PLUMB IN ALL DIRECTIONS. 6. NO SOIL EROSION 7. CORRECT SOIL DEPTHS. 8. CORRECT MULCH TYPE AND DEPTHS 9. NOT LITTER 10, NO LEAFS ON PAVING AREAS OR LAWNS 11. FULLY OPERATIONAL IRRIGATION SYSTEM. ADJUSTED AND SCHEDULED AND WINTERIZED. 1.03 WEED/PEST CONTROL PLAN A. CONTRACTOR SHALL SUBMIT A WEED/PEST CONTROL PLAN FOR APPROVAL AT LEAST 30 DAYS PRIOR TO FINAL ACCEPTANCE OF THE WORK, THE WEED/PEST CONTROL PLAN SHALL DEFINE ALL METHODS FOR WEED AND PEST CONTROL. PART 2- EXECUTION 2.01 PLANT REPLACMENT A. REPLACE PLANTS THAT ARE MORE THAN 25°% DEAD OR DYING OR DISEASED. B. REPLACE PLANTS THAT HAVE REACHED THEIR WILTING POINT (LACK OF WATER). 2.02 SOILS A. MAINTAIN SOIL IN LAWN AND PLANTING AREAS IN A MANNER THAT PROMOTES THE GROWTH OF THE SPECIFIED PLANTS. B. FREQUENTLY MONITOR LANDSCAPE AREAS FOR THE POSSIBILITY AND/OR PRESENCE OF SURFACE EROSION AND FOR THE DETECTION, RECOGNITION AND TIMELY CONTROL OF EROSION BEFORE IT HAPPENS. C. THE CONTROL AND REPAIR OF SURFACE EROSION SHALL INCLUDE, BUT NOT BE LIMITED TO RE -GRADING OF ERODED AREAS AND REINFORCEMENT WITH APPROPRIATE EROSION CONTROL MULCH. REPLACE ERODED AREAS, WASHOUTS OR BARE AREAS WITHIN THE PERIOD OF THE CONTRACT AT NO ADDITIONAL COST. D. FREQUENTLY MONITOR ALL AREAS FOR WEEDS TO AVOID OUT OF CONTROL WEED BLOOMS, REMOVE WEEDS FROM LANDSCAPE AREAS, ROCK EDGING AND SIDEWALK AREAS ETC., ACCORDING TO APPROVED PEST CONTROL PLAN UNTIL FINAL ACCEPTANCE. E. RODENT CONTROL: THE CONTRACTOR SHALL TAKE THE NECESSARY ACTION TO PREVENT DAMAGE TO THE PLANTED AREAS BY RODENTS AND MOLES. THE CONTRACTOR WILL REPAIR DAMAGE CAUSED BY RODENTS. MAINTENANCE NOTES SCALE'. NTS Hennebery Eddy Ardle(ts Mayer/Reed 1. PROTECT ALL EXISTING TREES INCLUDING TRUNKS, ROOTS AND FOLIAGE NOT INDICATED FOR REMOVAL. 2. MEET THE LATEST VERSION OF THE AMERICAN STANDARD FOR NURSERY STOCK ANSI 111A, 3. VERIFY PLANT COUNTS AND AREAS PRIOR TO SUBMITTING UNIT PRICE BIDS AND ORDERING. THE AGENCY MUST APPROVE ANY NECESSARY SUBSTITUTIONS. 4. DO ONT INSTALL PLANTS UNTIL SOIL HAS BEEN PREPARED AND AMENDED TO THE APPROVAL OF THE OWNER. 5. RECEIVE WRITTEN APPROVAL FROM THE AGENCY ACCEPTINE ROUGH GRADING ANDFINE GRADING BEFORE PLANTING AND SEEDING OPERATIONS COMMENCE. 6. LOCATE PLANTS AS SHOWN ON THE PLANS AND AS SHOWN IN THE PLANTING LEGEND. MEASURED CENTER TO CENTER. PLANT LOCATIONS MAY BE ADJUSTED BY THE OWNER'S REP. TO MEET FIELD CONDITIONS SUCH AS SET -BACKS FROM CURBS, SIDEWALKS, PIPES, CHECK DAMNS AND UTILITIES. 7. THOROUGHLY WATER -IN ALL PLANTS WITHIN 6 HOURS OF PLANTING, 8. APPLY SPECIFIED MULCH AROUND PLANTS WITHIN TWO DAYS OF INSTALLING PLANTS. 9. DO NOTUMB-UP TREES, SHEAR OR PRUNE PLANTS UNLESS UNDER THE DIRECTION OF LANDSCAPE ARCHITECT. 9 PLANTING NOTES SCALE NTS PERFORMANCE 1. PROVIDE A FULLY FUNCTIONAL AUTOMATIC IRRIGATION SYSTEM PROVIDING COVERAGE TO ALL PLANTS AS DESCRIBED ON THE DRAWINGS AND IN THE SPECIFICATIONS. THE IRRIGATION SYSTEM SHALL BE INSTALLED TO THE HIGHEST PROFESSIONAL STANDARDS AND CODES, 2. PROGRAM THE IRRIGATION CONTROLLER TO SUSTAIN EXCELLENT PLANT HEALTH, THIS INCLUDES MAKING ADJUSTMENTS TO THE PROGRAM FOR SEASONAL WEATHER CHANGES, PLANT MATERIAL, WATER REQUIREMENTS, MOUNDS AND SLOPES, SUN, SHADE AND WIND EXPOSURES. 3. FLUSH AND ADJUST ALL SPRAY HEADS FOR OPTIMUM PERFORMANCE. PROVIDE FULL AND EVEN COVERAGE OF DESIGNATED AREAS. 4. VERIFY AVAILABLE P.S.I. AT THE POINT OF CONNECTION AND POWER SUPPLY FOR CONTROLLER BEFORE COMMENCEMENT OF INSTALLATION. EXACT LOCATION OF CONTROLLER TO BE COORDINATED WITH CITY STAFF, LANDSCAPE ARCHITECT AND NECESSARY SUB -CONSULTANTS. 5. IRRIGATION DEMAND: NOTIFY OWNER'S REPRESENTATIVE OF MEASUREMENTS OF STATIC WATER PRESSURE AT POINT OF CONNECTION. ESTABLISHMENT 1. AS NECESSARY, AUGMENT THE AUTOMATIC IRRIGATION SYSTEM WITH TEMPORARY WATERING METHODS TO ENSURE PROPER PLANT ESTABLISHMENT. 4 IRRIGATION NOTES SCALE: NTS 2.03 INTEGRATED PEST MANAGEMENT A. FOLLOW AND INTEGRATED PEST MANAGEMENT PROGRAM B. IF AN UNKNOWN PLANT PROBLEM OCCURS OR AN INSECT CANNOT BE IDENTIFIED CONTACT YOUR LOCAL MASTER GARDENER HOTLINE OR PLANT CLINIC, FOR IDENTIFICATION AND FUTURE MANAGEMENT OPTIONS, 2.04 HERBICIDE AND PESTICIDE APPLICATION A. DO NOT APPLY HERBICIDES OR PESTICIDES WITHOUT WRITTEN APPROVAL BY OWNER. REQUEST FOR USE OF HERBICIDES SHALL BE IN WRITING AND SHALL INDICATE: HERBICIDE PROPOSED TO BE USED; LOCATION, RATE, AND TIME OF PROPOSED APPLICATION; METHOD AND EXTENT OF APPLICATION, TYPE OF EQUIPMENT TO BE USED; AND QUALIFICATIONS OF THE APPLICATOR. 1. AN OREGON STATE LICENSED COMMERCIAL APPLICATOR MUST APPLY HERBICIDES AND PESTICIDE, 2, ALL PRECAUTIONS SHALL BE TAKEN IN THE HANDLING AND APPLICATIONS OF ALL HERBICIDES AND PESTICIDES AS STATED ON THE PRODUCT LABEL. 3. NO CONTAMINATION OF VICINITY WATER SYSTEMS OR STORM DRAIN SYSTEMS ALLOWED. NO CLEANING OF EQUIPMENT OR DISPOSAL OF PRODUCTS ALLOWED IN PROJECT VICINITY. 2.05 WEED CONTROL A. CONTROL WEEDS BEFORE THEY SEED. B. MONITOR FOR WEEDS FREQUENTLY, PARTICULARLY DURING THE SPRING AND SUMMER MONTHS TO MAKE REMOVAL BY NON -CHEMICAL MEANS EASIER. C. NOXIOUS WEEDS 1. REMOVE ALL NOXIOUS WEEDS AS DEFINED BY THE STATE OF OREGON AS SOON AS THEY ARE DETECTED. D. NON -NOXIOUS WEEDS 1. MANAGE NON -NOXIOUS WEEDS TO LESS THAN 5°% OF THE PLANTING AREA OR LAWN AREA. 2, REMOVE ENTIRE WEED BEFORE IT FLOWERS AND DISPOSE OFF-SITE, E. CONTROL WEEDS WHILE THEY ARE SMALL. CONTROL WEEDS BY: 1. HAND PULLING 2. MECHANICAL REMOVAL, E.G., HOEING AND SPADES 3. APPLYING MULCH TO ORIGINALLY SPECIFIED DEPTH. 4. LIMITING OVERHEAD SPRAY IRRIGATION 5. INFREQUENT DEEP IRRIGATION. 6. LIMITING FERTILIZER. BASE FERTILIZER APPLICATION ON SOIL TESTING. 7. ENCOURAGING 100% PLANT COVERAGE OVER THE PLANTING AREA, 2.06 MULCHING A. MAINTAIN MULCH AT DEPTHS SHOWN ON DRAWINGS. 2.07 TREE ALIGNMENT A. MAINTAIN PLUMB TREE ALIGNMENT. 2.08 FERTILIZING A. IF PLANTS SHOW SIGNS OF NUTRIENT DEFICIENCY, PROVIDE SOIL SAMPLES TO A SOIL TESTING LAB FOR RECOMMENDATIONS. 2.09 PRUNING A. PLANTINGS ARE DESIGNED TO GROW TOGETHER AND TO THE EDGES OF THE BEDS TO MINIMIZE WEEDS AND MAXIMIZE WATER CONSERVATION. B. ONLY PRUNE TO: REMOVE DEAD, DAMAGED AND DISEASED PORTIONS OF THE PLANT. C. PERFORM EMERGENCY PRUNING AS NEEDED. D. DO NOT PRUNEOR SHEAR PLANTS FOR SHAPE. E. DO NOT PRUNE TREES. IF TREES REQUIRE PRUNING NOTIFY OWNER. 2.10 EROSION CONTROL A. FREQUENTLY MONITOR LANDSCAPE AREAS FOR SIGNS OF SURFACE EROSION. B. CONTROL AND REPAIR PER OREGON DEC BEST MANAGEMENT PRACTICES AT NO ADDITIONAL COST. C. FOR MINOR REPAIRS, RE -GRADE THE ERODED SLOPES AND APPLY THE SPECIFIED MULCH TO ORIGINALLY SPECIFIED DEPTHS. 2.11 LITTER CONTROL A. REMOVE DEBRIS AND TRASH TO PROMOTE AN ATTRACTIVE FRESH APPEARANCE 2.12 IRRIGATION A. PERFORM SPRING START-UP AND WINTER SHUT -DOWN AT A DATE APPROVED BY OWNER. TEST AND ADJUSTMENT AND REVIEW/REVISE SCHEDULING. 2.13 REGULAR INSPECTIONS A. DURING THE MAINTENANCE PERIOD, REQUEST AND MAKE THREE INSPECTIONS JOINTLY WITH THE OWNER AT THE FOLLOWING TIMES: 1. SPRING, EARLY MAY 2. SUMMER, MID JULY 3. FALL, LATE SEPTEMBER B. DEPENDING ON WHEN THE ESTABLISHMENT PERIOD BEGINS, ONE OF THE ABOVE INSPECTIONS WILL BE THE FINAL INSPECTION. 2.14 CORRECTIVE WORK A. COMPLETE ALL CORRECTIVE WORK WITHIN 15 CALENDAR DAYS AFTER RECEIVING THE WRITTEN NOTICE OF THE REQUIRED CORRECTIVE WORK TO BE TAKEN. THE 15 DAY REQUIREMENT EXCLUDES THOSE DAYS THE OWNER DETERMINES TO BE IMPRACTICAL FOR WORKING. B. PROVIDE PLANT REPLACEMENTS OF THE SAME VARIETY, SIZE, AND QUALITY AS SPECIFIED FOR THE ORIGINAL PLANTS, UNLESS OTHERWISE APPROVED. PLANT SCHEDULE KEY BOTANICAL NAME COMMON NAME SIZE TYPE SPACING COMMENTS TREES \\�p�I UN/ --AA AMELACHIER ALNIEOLIA a -------PP PONDEROSA PINE �YrI I Ill' ` PT - - IT POPULUS THEMOLOIDES SHRUBS CJ CHN CHRYSOTHAMNUS NAUSEOUSUS �•'� CHG CHRYSOTHAMNUS VISCIDIFLORUS �) RIA RIDES AUREUM RIC RISES CEREUM L) SAL SALVIA DORM SERVICEBERRY 4 -INCH B&S AS SHOWN 8 FT HT MIN., MULTI -STEM PINUS PONDEROSA 10'-12' HT. B&B AS SHOWN FULLY BRANCHING , STRONG LEADER QUAKING ASPEN 10'-12' HT. B&B AS SHOWN STRONG LEADER GRAY RABBITBRUSH 5GAL. CONT. 4FT. O.C. EVERGREEN GREEN RABBIT BRUSH 5 GAL. CONT. 4 FT. O.C. EVERGREEN GOLDEN CURRANT 3 GAL, CONT. 4 FT. O.C. ill WAX CURRANT 5GAL CONT. ASSHOWN 1' PURPLE SAGE 3 GAL, CONT. 2 FT. O.C. EVERGREEN SEEDED AREAS NATIVE MEADOW SCARIFY SURFACE AND HYDROSEED NATIVE MEADOW AREA MOWED � AVnmrnn'I'm I..hurar(Thicks ikc vchcnt grass) Ag, . SCARIFY SURFACE AND HYOROSEEDEED -- -- --p- MOWING BOUNDARY a E � AVnmrnn'I'm I..hurar(Thicks ikc vchcnt grass) Ag, . Y N C/F P 50 1,67511'N C(F 760- P ill 1,595 LJ2 56,3Branuee war innucc (A4ounmin Bromc) 1' N C P 75 6,1185 5,43 214 oz. Uro,?ararinnros (C'afihn is Brome) Y N C P 50 3,550 3.211(1250'/..) 7iharnu duuru.c(Bluc Wildrec Y N C/F P ill 1.893 1.70 67.O--) a vIdt c) Y N C/F P 50 2-SR0 2,30 (91,0 a .) � 7 i.enrcn ov,l (Sh-p Fcscuc) Y'? N C 311.(2 P ' 685 11.61 24,2 nr. !i•smra iduhoenir (Id,dw F ,,,,)Y N C .."+ll -GO P IOU 1,346 1.211 47,5 o sm MIN- 1501 19,4 Cramv PLS/hn S PLANTING SCHEDULE SCALE'. NTS MAZAMA RANCH AT SMITH ROCK 14/20/17 F_Xh:b;� T�) L100 Page 3 of 4 DCC 18.128.320 says: "Setback requirements in DCC 18.128.320 (D)(10)(b) and (c) may waived upon a finding by the Hearings Body that the developed portion of the campground will be sufficiently screened and buffered from neighboring properties or the protected landscape area." The Mazamas proposed campground is situated 75' from Smith Rock Loop, a private gravel road with an easement on the subject property. Based on characteristics of the campground, and the screening and buffering described above, and the use of the surrounding area, the criteria for the setback waiver has been met. EXHIBIT C: NOISE ANALYSIS EXHIBIT G: STREET VIEW FROM SMITH ROCK LOOP RENDITION EXHIBIT H: CROSS SECTION: SMITH ROCK LOOP & BERM PROFILE — PROPOSED 6. Campgrounds approved in Deschutes County The Applicant is providing clarification to information shared on the record on January 3, 2018, following the Applicant's oral final argument testimony. Note: this is not a "precedent" or a code -amendment argument. Deschutes County has approved expansions of campgrounds and approved the Smith Rock tent campground but has not, in any case we have found, ever required any other campground to comply with the campground setback requirements. No applications for new campgrounds were found that were decided after the county adopted the campground -specific rules in 1991. Therefore, it appears that no setbacks waivers have been requested or granted. 7. Campground vs Recreational Vehicle Park The county has approved several Recreational Vehicle Parks, and expansions of existing RV parks. RV parks meet both the "Campground" definition and the "Recreational Vehicle Park" definition; however, the county has only applied the Recreational Vehicle Park criteria to applications, alternations and expansions. The Recreational Vehicle Park criteria do not impose the stringent Campground setback requirements: 100' setback to a property line, and 300' setback to a Landscape Management Combining Zone. DCC definition: "Recreational Vehicle Park" means a park intended, designed, or utilized for temporary occupancy primarily by recreational vehicles. RV parks include outdoor living accommodations such as tent camping, picnic tables, BBQs, campfire rings, children's playground equipment, pet areas and swimming pools. RV parks accommodate recreational vehicles up to 13' in height, 45' in length, and 8' in width (up to 360 sf each). Deschutes County Board of Commissioners Appeal Hearing—Supplemental Evidence: Setbacks MAZAMAS FOUNDATION File#247-17-000319-CU, 320 -SP, 321 -CU 02/07/2018 5�) Page 4 of 4 DCC definition: "Campground" means an area devoted to overnight, temporary use for vacation, recreational or emergency purposes, but not for residential purposes and is established on a site or is contiguous to lands with a park or other outdoor amenity that is accessible for recreational use by the occupants of the campground. It is also where facilities are provided to accommodate camping for two or more tents, travel trailers, yurts or recreational vehicles. A campground shall not include campsite utility hook-ups, intensely developed recreational uses such as swimming pools or tennis courts or commercial activities such as retail stores or gas stations. Several examples exist in the record where RV Parks have been developed or altered within the 100' LM setback requirement. a. Cascade Meadows RV Resort — La Pine (NCU-03-2/SP-03-18) Adjoins two LM roads. County permitted the expansion of the RV Park in 2003 within the required 100' LM setback without considering the LM criteria. No waiver was requested or granted. b. Bend / Sister Gardens (formally KOA) — Bend (NCU-10-7/LM-10-57) Located on Hwy 20, an LM road. County has permitted expansion and reconfiguration of the park several times as an alteration to a non -conforming use, including permitting development within the required 100' LM setback, without considering the LM criteria. No waiver was requested or granted. The above examples demonstrate that the county has chosen not to apply the special 300' setback standards that are applicable to campgrounds to RV campgrounds and that it, therefore, is reasonable to allow a reduced setback to LM zone setbacks for tent campgrounds. An RV campground would be an order of magnitude more obstructive to views than the small walk-in campground proposed by the Mazamas. This does not set a precedent that waives setback requirements for future campgrounds. LUBA is clear that all projects are evaluated based on their own circumstances and merits. As LUBA said in Okeson v. Union County, 10 Or LUBA 1, 5 (1983). There is no requirement local government actions must be consistent with past decisions, but only that a decision must be correct when made. 8. Conclusion: Based on the reasons outlined above, and the evidence in the record, the setback waivers to Crooked River Drive and Smith Rock Loop are fully justified and should be upheld by the Board of County Commissioners. Deschutes County Board of Commissioners Appeal Hearing—Supplemental Evidence: Setbacks MAZAMAS FOUNDATION File#247-17-000319-CU, 320 -SP, 321 -CU 02/07/2018 v nth. 3,;1- o w c_ o m v c m `w o m to a m w o v c v o. a �, .� a0 m v E v E a v c v" Eo v o a o- F E c o. E a a v v c> -o v c v u oami c L E v o m v v m v w a ID u o v u mm is w o V p C U 2 v E m s v LL xv t a to = J v mE v a v � m E a m C6 a w m m 3 a M p n n v w Jm y w :n :o o a a a X a m m ti m es s m s s ti of N m ti r s N v o: a rci r WlD N N Ol N M- W N W W Ol M N N N W q' W N N lD N N M W Q x v > ;� o a c J O m Y a N 'Y x v fa a: c 0; ` 0? m y m O O o 0 c 0 z Q m - E c o. v E E O E w m a c m a` vii v m c c ,c " x x m a` vii v a m m to m m c 3 c m v E 8 w - w w o o c m a E ° cp c o m a c a m o v f c c. ° m v x x a -0 to v E a c o . m v m E m c E w v \ v w a o M. a w v w a o w v w w v 2 2 a o a x o c a w a a .-� n o v 0 v 0 LL 0 a x 0 ... 5 a v° `o a v ° 2 �. O a a v U o 0 0 °° m to 2 iLL LL m a Q Q n. � m Vt 2 LZ LL 5 � to 2 _ 2 LZ m 0 iLL m m a C m E a C m c >a C E C a o _ x w Q O U O 2 w v > .� C O L O L OV a ' p 'C w L r O O c p °1° m o ° xa v oN ° c u o v m Eav o L w e v 0 c v -Lm' Eo o v w 10 •`m E o w V m N „ v> o LL -Oo ° c m w E -a a ° ° -,v° E v 5 ° u a a m lwm N m v O L io \ A L ` `O N N O> '� 'v ° v m e a m ea C O w C m u L m ,.+ v m y\ c c c N a! m d m °= o E o ,`Fv m v m o wa a a r w E ° o w o o L °ov a v m° E v c v m m :: c i0 m a 'u ami v '> LYOn m r m a' w w E v v o. m 'Ll to N Y 'Y E E ° 2 '.' m m .o v °i o 2' m= m O c '° o. s m ctf L O N O C N a+ a s O u C m > ate+ Y v1 ✓- �. � a a� o a o Q: �� m�� o a LL v V o u L9 oL9 uF c � ° m cC v _ o c 7 > c E u° E urz,: 0 0 N V Z v O o m O m a ZO = t m y u Ove E w a m a. c a = p a E u Q N C N _ V u CL 4 a w .O a a a 2 2 > O F v nth. 3,;1- a a ° C � C C Y � £ O c `1 p O w pOp w £ w C m W U! a 0£ ro o M O N= o O m L O .- O r m 0 2 N r 0 m C O p O r v N p .v-• u a L C W W N O N 0 0 0 0 Z Z Z O v m O N o Z 0 Z m a VI a M N M a N Q G a O1 _N Y T U w V O M M r L w W O L `X M N O N M N h tD m N L X J J O > O = c O O c o O m O o V c v+ v v a v o c a` a °' m on y a` c m m m c c a v m c m v£° a v v £ 0 O V v 2 0 O c v 2 £ 0 o C v 2 v 2 0 O N 0 O m c v 2 u N a N c x p V V a a v x K c p U C o a a a N a« K o a C a W x K Q O a vv o 0 0 �' O _ v o = w o Zi 0 0 0 w o 0 0 0 _ c w o ° Vt 2 Vt m m m Vi 2 Vt m K m m m �n LL C m m iLL m 2 LL 2' m c N �+ a > -0 °' o 0 'O G T C 2> — a a 0 o LL 0 v N V V u£ a m �. 0 S a o i v + 0 a v �' 5 0 o 'a Y a c wf '" a v c a c m v° o > •a o- > � °w' y in o a ao >' a y v £ v .j 3 w o E v 'o .� Y Lag a v m on E m a `" ° 'E .a E a �° a 0 c @£ c 4 :: m a m v a c 0 o v o O m Q¢ o m N t N C y LL C C O fp '� £ .X Y C L UI N C U Ol o Y m Q a 0 £ o 3 « o N c w v O C£ U v L L C a ? a C o '° d o w i Z E C o v "p d« 0 w m E Y° v0 c v o z v+ a 3 m O s o ob D o c 'p c m -M vwi w v v m«£ c T o m °1 w e v a ° m v$u c° w .°° �' w$ °c °u w 0 3 r c>> v v v zr-v v =£ a 'a° m o v m 3 m v `m a A m N v v 2 .> .Q `E o77 u v m v u v « u Y v u£ a m a w N ou m y r m 0 ? a u "' o ai o c v v c �+ v v 'o a w a w v a io ,u o a w n. � o a v .a .W .� u °, c c£ 0 0 O m o 2 c 2 Z £ �. o c u O 2£ o v _ Z V l7 'u. a` n ¢ 0 LL 0 U` O l7 a> a a a a �- ¢ a`a` a v W :: J Q m v a¢ \ d y m CL � o E CL u @ t U w O X u w m O m N N u O W H O c o a v ani z 3 ¢ o M Cp N W ` 'O 40 m a10i 3 °' r c °' E a E E @ m $ § z y u° u a a 0 L E c m W :c W a N �. O p Q O` b09 O C p la > a O W 2 C N Y E `r m o o C O W C u W W - £ a vCWi w CO N E Oi w W L - 3 a u > E U V W W E L W a s = a W W N J O a m tL/1 K m m N cd pp N h in a` � m ui in X mm rN� v l^+ m a w ~ M am u. m a a s o O N N rl V VI N M Qi Ol N M N N W V1 M d' M W Ill - N N Y V1 N V1 d' M Ol N _ W W O 2 O O o y C O O C O O O O =- = c m m m Z- m Z C W W 76O mo w > c m m m w a` a v m a s a m m ,a OC_0 vOi 2 m Q C pp Q C o0 o c a O c m a m E `m c m a v " v a o a o 1O ` a 8 io 1O c 0 W v c c c -_ m W 2 W v c - S u m a a w x so a c a V a v- x ,., W W ¢° .. := `o so _ ., o a V V„ a o a 0 c 0 V o a O a a a s o v o W o _ V V v o o - a v a Y O v u m Vt 2 'u Q Q LL m in C m m C Q in 2 O N O Y O O N O O > W N t v W m C U 00 `O 'C m O E O a O C p W m C C O W ID > O E s+ N C E O tC0 W at v •� Y w > o f ,�>� LD s 0 o GO d m L J O N �- j e W W O j d Lfl rl L 0 •_ W Y E O m E m Ol �zj W O W `ma7m-' m ob E a a "> 3 W W v 'E� c m u o. o °; c al u o w u o 'off ® m W '^ 4:5 W W T O m- L W in tl0u m m C a a a a W N T C a a W a U1 m T O m N W > W ` O C W C O .G L W C > J W c N o - a in v > a+ m v o o' O m O O E C a a tl0 .o c m W W N O O v n a W C yl N v N N Ul N �' v J N a d d Ul Q am`+ w O c a v w Q Q V G `c v (7 O Q Q Q a � 7 a x uci D o > > m V m qa m CL c c ;J y y 'a °° a ° c O ° ° w v > c O ° o° R C E aeii V C M 3 m V ` 3 pij V"O m O m w C *3 O W L m °d ° a E N m F V U d E '6 'b' i N @ 2 d VI Q VI V S h Z Cm G O U F - Z w Z J 6 IL 0 U a N O @ U U C U v d d N 0 w L d w U @ N 3 0 ry o m c r r E E° o y N a C d L @ p r N 1 d U 'x Nd p o c� c DIU N- w LU o 0 U d c 3 a 1 2 E O o d m 0 C'. of a O@ m d O E w a N c N C a C J Z5 O O N y m dN d w> i y N L 3 o Adm ti a Em mN > V! > w m C m E O C O a o N xo2ai a NN mm K c ^2 U 2 pNj C .d. a O a> a a 3 md °@ @ a v U c N N @ o o a3 -0@ d 0 N O m 3 d@ y E@ J L C O and E c@ N N'O m c C d@ o a y @ v o c o o d a a, w U)�'-U. U)� =z V d a $ E O O EO p @ U v m ° V o U d d@ C a c y o M d (6 a c N 'O U c c m c t '� T O C a N UN mom' j �N O '� r O wt�U o o a a C O @ d N C a U m O` O N& @ d J d d d c N (22 _ O @ > a a.,0 v Y C O U .E Li'� d p.'O r> o E? c O 0 m o w d d d p 3 d > `nr mw f`• �a d O w3(°n E2i d (n L L 3�d0 3O� N d Om d d +d_ r~ L O M O M 0 � Q Np O- N�@ N ❑ Owm o 0 a y3 LN �@ a om � Gi O N d d L CT U C E - E @ c C o fn E C C w w a @ m 0 O O` -p @ n w a dCO (i y @ O dw V Nm LL d n d0 N� d Oag ma OQ > _ 0 dmdO N >' d U dO a 'C 'dCmO LO % Z dCCw J J@ OE O d Um N O Lm L N> d Jp a > (C o N `E W @O L O U 2 � T O t a 0 F- - N@ J N @ .° U Z F Q a N O @ U d d d N 0 3 d d ° O U 0 .� 3 a ry o m c d m > y N a C d L d ❑ p r N L d U 'x Nd j C N d DIU N- c OE 0 U c y°°° w 3 a o o y 2 2 E O N@ O 2i a m d Elm ] v of a O@ m d O °' N a N c N C a C J Z5 O O N y m dN d w> i d U C '0 3 o r g d o ti a t c c V! > w m C m E O C O a o @ U a O E E U L N U N C a O U 2 pNj C .d. a O o md °@ @ c N N 01-a an d O d -0@ d 0 N O m 3 N w L d@ y E@ J L C O and E @ N wv o d@ o a y @ v o c o o d a a, w U)�'-U. U)� =z d d r( :C- iE WU� c@ T c o O EO p @ U d Q r N M 4 6 v O C 18.84.050. Use limitations. A. Any new structure or substantial exterior alteration of a structure requiring a building pennit or an agricultural structure within an LM Zone shall obtain site plan approval in accordance with DCC 18.84 prior to construction. As used in DCC 18.84 substantial exterior alteration consists of an alteration which exceeds 25 percent in the size or 25 percent of the assessed value of the structure. B. Structures which are not visible from the designated roadway, river or stream and which are assured of remaining not visible because of vegetation, topography or existing development are exempt from the provisions of DCC 18.84.080 (Design Review Standards) and DCC 18.84.090 (Setbacks). An applicant for site plan review in the LM Zone shall conform with the provisions of DCC 18.84, or may submit evidence that the proposed structure will not be visible from the designated road, river or stream. Structures not visible from the designated road, river or stream must meet setback standards of the underlying zone. (Ord. 2015-016 §5, 2015; Ord. 2001-016 §2, 2001; Ord. 95-075 §3, 1995; Ord. 92-034 §2, 1992; Ord. 91-020 §1, 1991; Ord. 90-020 §1 1990; PL -15 1979) 18.84.060. Dimensional standards. In an LM Zone, the minimum lot size shall be as established in the underlying zone with which the LM Zone is combined. (Ord. 2001-016 §2, 2001; Ord. 95-075 §3, 1995; Ord. 92-034 §2, 1992; Ord. 91-020 §l, 1991; Ord. 90-020 § 1 1990; PL -15 1979) 18.84.070. Application. An application for site plan approval for development in the LM Zone shall be submitted to the Planning Division. The site plan application shall include the following: A. A plot plan, drawn to scale, showing: 1. Location and dimensions of existing and proposed structures. 2. Setbacks from lot lines (and river and rinirock, if present). 3. Existing and proposed access. 4. Existing and proposed exterior lighting. B. A drawing of the proposed structure elevations showing: 1. Exterior appearance. 2. Height dimensions. 3. Siding and roofing material and color. 4. Location and size of windows, including skylights. C. A landscape plan drawn to scale, showing: 1. Location, size and species of existing trees six inches in diameter or greater, or existing shrub vegetation higher than four feet, between the proposed development and the designated landscape management road, river or stream. Where a significant amount of vegetation exists, a landscape plan may be accepted which generalizes and explains how the existing trees and shrubs provide screening. 2. Proposed location and species of introduced vegetation which will screen the proposed development from the designated landscape management road, river or stream. D. A minimum of two colored photographs taken from documented locations, oriented between the protected resource (river, stream or road) and the proposed development, showing the extent of existing vegetation or other screening. (Ord. 2003-034 §1, 2003; Ord. 2001-016 §2, 2001; Ord. 95-075 §3, 1995; Ord. 93-043 §12, 1993; Ord. 92-034 §2, 1992; Ord. 91-020 §1, 199 1) Cliapter 18.84 2 (03/2016) Applicant/Owner: Mazamas Foundation File Number 247 -17 -000319 -CU, 320 -SP, 321 -CU. 879-A 247 -18 -000045 -MA Ali of our properties along Crooked River Drive and Smith Rock Loop in their entirety are included the Landscape Management Zone. Most of us were Grandfathered in before zoning laws took effect. However even though the Mazamas indicated my residence was only 123' from CRD, it is actually 319'. 1 make this point to be clear that the Mazamas have repeatedly misrepresented facts and distances to the Hearings Officer and the Board of Commissioners. I am addressing the issue of the Owner Occupied Bed and Breakfast and the Purpose and Use for which it was intended and the intent for the use of the Bed and Breakfast by the Transient lodgers known as Campers. The criterion by Deschutes County MUA 10 clearly states that No more than 8 guests shall be accommodated at any one time and they are provided only Breakfast. While most of us think that is a pretty clear description, it appears the Hearings Officer failed to understand the definition of Accommodated. By definition it not only means to provide a place to sleep but also means to "Provide for wishes or needs" By including the Wishes and needs of the Transient Lodgers, called Campers, it has now provided for numbers greater than allowed. It is no longer a Bed and Breakfast by Deschutes County Code. State Statues ORS 699.005 Describes a Hotel, Motel or Inn, as however a property is owned in which rooms are generally rented as Transient Lodging. Transient lodging is a room occupied not as a principal residence and it is defined as a hotel, motel and spaces used for parking an RV or TENTS. ORS 699.005 ( efinitions`i to 699.060 iposting of lav x: (1) "Hotel" or "inn" means a property, however owned and including a condominium under ORS chapter 100, in which rooms or suites of rooms generally are rented as transient lodgings and not as principal residences. (2) "Hotellfeeper" or "innkeeper" means the sole proprietorship, partnership, corporation or other business entity which manages, rents or operates a hotel or inn, including the officers and employees of the business entity. of breakfast. The Hearings Officer states the BnB is both a separate use and arguably part of the campground since it provides the kitchen and eating area for the campsites. Once again classifying this application as actually closer to a motel for transient lodging. There are many descriptive names describing this combination of permits that this application falls under, but none of them are Bed and Breakfast. The Mazamas indicated to the Hearings Officer that the Campsites contain minimal structures. The Mazamas are claiming that the tents which will not exceed 4' in height. Yet they claim they are providing a Glamping experience for rather high prices. Glamping style tents are not pup tents and would not be only 4' tall. Reading the Redmond Fire and Rescue requirements for Areas without Fire Hydrants clearly indicates there is no possible way that these can be met with their 6' fences, and other proposals. Fire Apparatus Access Roads -2007 OFC Section 503 and Appendix D is one example. Also the area needed for a commercial septic system requires a large area for a drainage field and it is not allowed to be irrigated. The location the Mazamas are showing is questionable in size and is irrigated land. If this property is taken out of Irrigation use then all the neighbors on our private ditch will be drastically affected. In an effort not to repeat the volumes of objections and zoning violations that have been filed already for this proposal, we are trying to just point out those most relevant. What is clear, based on the actions so far from the Mazama Organization is that they will try any approach to have their way. if they get a foot in the door, so to speak, The reputation of the Mazama Organization has been once they have their approval they constantly request changes until they achieve their goals and by approving these conditional uses the Commissioners will be setting this neighborhood up to have to deal with a Noisy nuisance, unsightly compound with solid ineffective Accoustical fencing which is not harmonious to the area and open spaces and drastically waive our setbacks requirements. We believed that many of these type of potential proposals are why Deschutes County has Developed Zoning Laws such as the MUA 10 and other Zoning Laws in order to protect our Rural Lands. We encourage the Commissioners to uphold our Laws as they were intended and not subject myself and my neighbors to an endless battle for years for they clearly have no intention of being good neighbors who intend on just fitting in. Their actions have proved quite the opposite. Exhibit "A" Redmond Fire and Rescue requirements go as follows: Water: Area without Fire Hydrants: Water flow requirements shall be met or an approved sprinkler system shall be installed. ® NFPA 1142 requirements o If the structure is being built in an area outside a public water supply 1 system, stem, then the water flow requirements will come from NFPA 1142. o Note: The following information will need to be provided in order to determine accurate water flow requirements. v Building height, length and width ® Use of the building ® Type of construction ® Whether the structure 100 sq ft or larger and within 50 feet of any other structures Unable to provide water now requirements. Structures with Automatic Sprinkler systems — 2001 NFPA 1142 Chapter 7 o The authority having jurisdiction shall be permitted to waive the water supply required by this standard when a structure is protected by an automatic sprinkler system that fully meets the requirements of NFPA 13, Fire Safety during Construction — 2007 OFC Chapter 14 o Approved fire department access roads, required water supply, and safety precautions shall be made available as soon as combustible material arrives on site. ® Fire Sprinkler Systems shall be installed per NFPA 13. o If there are greater than 20 sprinkler heads, the system is required to have a fire alarm monitoring system. ment o 2007 OFC 903.3.7 Fire Dep he fire department. The FDC/PIV shall not be undernections: The location of fire ny connections shall be approvedy P combustible projections or overhangs. o NOTE — If the Building is sprinklered, the sprinkler system will need to be designed to the specific use that will be occurring in the building. If the sprinkler system is not designed appropriately it will limit the types of businesses that can occupy the space. Acs ® Premises Identification — 2007 OFC 505.1 o Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background and visible at night. Number/letter shall be a minimum of 4" high and a 0.5" stroke width. ® Fire Apparatus Access Roads — 2007 OFC Section 503 & Appendix D CU -48-11 (Vander Zanden) Board Decision Page 14 of 16 o Fire apparatus access roads shall extend to within 150 h offulldpions of the building as measured by ail approved route around the exterior o Fire apparatus access roads shall have an unobstructed width Ofnotof less than 20 feet and an unobstructed vertical clearance of not less than 13 fee signed and maintained ort the imposed o Fire apparatus roads shall be de -weather driving vi g capabi ities.oads of 70,000 lbs and shall be surfaced so as to provide all we o The required turning radius of a fire apparatus access road shall be 30 feet inside and 50 feet outside. o The grade of the fire apparatus access roads shall be within the limits established by the fire code official (10%). Unknown if the above requirements have been met. Fire Lanes — 2007 OFC 503.3 & Appendix D o Approved signs or other approved notices shall be provided signs or noticfr fire tes shall be kept in identify such roads or prohibit the obstruction thereof. Such legible conditions at all times. The stroke shall be I inch with letters 6 inches high and read "No Parking Fire Lane". Spacing for signage shall be fire lane curbs in bright red Recommended to also (in addition to Fire lane signs) pa paint with white letters. ads 20.26 Ft. Fide: Shall have Fire Lane signs posted on o Appendix D section D103.6.1 Ro both sides of a fire lane. o Appendix D section 103.6.2 Roads more than 26 Ft. Nide: Roads 26-32 ft wide shall have a Fire Lane signs posted on one side of the road as a fire lane. Aerial Access Roads — 2007 OFC Appendix D, Section D105 o Buildings or portions of buildings or facilities exceeding w�0 fet in height above the fire apparatuslaccess owest level of fire department vehicle access shall be provided approved roads and capable of accommodating fire department apparatus aerial accapparatus, radways At leas one power lines shall not be located within the aerial fir of the required access routes meeting this condition shallebs located hall have an unobstructed feet and a maximum of 30 feet from the building, all with of not less than 26 feet and shall be positioned parallel noire side r provided. a building. Unknown if the above requirement will apply, height of building Dead -Ends — 2007 OFC Section 503.2.5with o Dead-end fire apparatus access roads in excess of 15 Contact feet in lRedmond ength lFire & Rescue for an approved area for turning around fire apparatus. requirements. Unknown if the above requirement will apply. ® Emergency Access Road Gates — 2007 OFC Appendix D 103.5 o Minimum 20 feet wide. o Gates shall be swinging or sliding type. o Shall be able to be manually operated by one person. personnel & o Electric gates shall be equipped with a means of opening by emergency P approved by fire official.ftom A-1 o Locking devices shall be fire department p fodr a der form. Lock, Safe Co. or Vance Lock & Alarm or contact Redmond Fire &Rescue CU -0g-11 (Vander Zander) Board Decision Page 15 of 16 February 7th, 2018 Deschutes County Board of Commissioners, The recent modifications to the Application for Conditional Use permits for a B&B Inn and Campground by the Mazamas Foundation has no impact to the fundamental issues we have with this proposed development. None of the areas of modification change our argument in opposition to this project. Here I will address each area of modification proposed and discuss of how these changes at best make no difference, and at times make the project less desirable to the residential neighborhood. Please refer to Figure 1 as a primary visual aid. Campground Relocation In an attempt to satisfy a single setback requirement from the South property line, the Mazamas have now moved the campground, the element deemed most disagreeable to the neighborhood, 55' feet closer to the public access road serving the neighborhood. Not only will the newly relocated campground be more visible to automotive and foot traffic, but it will also be more prominent to visitors of Smith Rock Park, located directly across Crooked River Drive. I ask, is it reasonable to marginally improve the setback distance to one neighbor at the expense of moving an unprecedented campground closer to all other neighbors and closer to one of the "Seven Wonders of Oregon"? According to the modified site plan the southern property setback for a campground in MUA 10 is now satisfied. This setback measurement is debatable as the dimension line on the new site plan is conveniently located approximately 30 feet North from screening fence and access path that actually define the functional campground area. Furthermore, to be perfectly clear, the revised Mazamas site plan still does not meet the minimum required setbacks for a Campground in MUA 10 to the Northeast and Northwest. Additionally, and most importantly, it fails miserably to meet the additional required setback of 300' in a Landscape Managed Zone - previously this setback was 160', now it is 105'- the campground is 55' closer to a Landscape Managed Zone and the only public road in the area. In summary, out of the 3 directions that require setbacks to be met under Deschutes Count Code (DCC), the new plan now arguably meets one, and continues to require significant Waivers in the remaining two directions. Table 1 - 5etnacK Summar Campground in MUA 10 and Landscape Managed Zone Northeast Setback - Required is 100', old setback was 40'- new setback is SO'- Wavier is still required.' Northwest Setback - Required is 300', old setback was 160', new setback is 105'- Wavier is still required. Southern Setback - Required is 100', old setback was 25', new setback is arguably 100' The Mazamas claim the revised site plan is "generally consistent" with the existing developments along NE Crooked Drive. Even if the invalidated measurements of setbacks to existing development are correct - The Mazamas are attempting to justify limited setbacks for a new campground with setbacks for rural residential structures that predate current MUA 10 setback requirements. Furthermore and hypocritically, the Mazamas are attempting to use an existing precedence of setbacks in justification to violate current DDC setbacks, when they have claimed repeatedly the argument of precedence is not justified for future developments. Simply put - none of the existing setbacks in the neighborhood are for commercial campgrounds, and all setbacks are for rural residential structures that predate current MUA 10 guidelines. Campground total area is reduced by 1,420 SF. The only benefactor from this reduction is the Mazama Foundation as this enables them to arguably meet the Southern property line setback as covered previously. This change has no added value to the concerned neighbors, as the total number of campers is unchanged at 20 total. All that has been accomplished here is to increase the density of Walk-in Campsite #5 from a single tent to two tents. Table 2 - Campground Reduction Summary Total Campers remains unchanged at 20. Campsite #b relocated to site #5. B&B Configuration The only quantifiable changes to the B&B layout are a relocation of the Outdoor Gathering Area (OGA) and the relocation of the Caretaker's room to the East end of the residence. The Outdoor Gathering Area has been moved approximately 50' to the Northwest, in the direction towards Crooked River Drive, again the Landscape Managed Zone requiring the most stringent setbacks. The relocation of the Outdoor Gathering Area accomplishes at least three negative things - 1) It exposes it to direct line of sight from the Southwest, West, North and East; these directions are least naturally buffered to the surrounding residential neighborhood and the contiguous Landscape Managed Zone. The prior location was at least sheltered to the West by the residence and to the South by some natural foliage leaving the North and East directions exposed. Similar to the relocation of the Campground, this change marginally improves exposure to the Southern neighbor and significantly increases exposure to the most heavily used direction - the Northwest. 2) It relocates the Outdoor Gathering Area to the most prominent, central, and elevated location on the property. The new outdoor Gathering Area is flanked on three sides by the walk-in path, the parking area, and the relocated campground - three areas of expected high use and noise. 3) Per the updated Site Plan Diagram 01/17/18, the depicted circular platform has unobstructed views of 210 degrees. It is only sheltered to the South and Southwest sides. Reading from the Grading and Drainage Elevation map submitted by the Mazamas Foundation on August 24th, 2017 - The Outdoor Gathering area location is approximately 8 feet above street level of NE Crooked Drive - street level is 2782ft, Gathering area level is 2790ft. The base of the gathering area will be at least 8 feet above street level. It is not physically possible for privacy fencing or acoustic fencing at the street level to block noise from the Outdoor Gathering Area. Let's remember this Outdoor Gathering Area, is the only area where campers are permitted to cook and east during their stay at the Mazama Ranch. This is the only area on site where all campers are encouraged to congregate at the same time during morning and nighttime hours. 'fable 3 - Uutcloor (ratnering Area Kewcatlon Jummar Gathering Area is moved closer to the Landscape Managed Area; moved marginally away from Southern property line. Gathering Area is relocated to an elevated location with 210 degrees of exposure from the Southwest to due East around its circular footprint. Gathering Area is now flanked on three sides by the walk-in path, the parking area, and the relocated campground - three areas of expected high use and noise. Site Enhancements A wide range of additional fencing and screening elements are proposed in the new site plan submitted by the Mazamas Foundation. Acoustic fencing ranging from 5' to 7' is added along the perimeter of the property and along the West side of the new westerly relocated Campground. No new technical data has been provided on the expected increase of visual and acoustical buffering. No new technical assessment has been provided on how the newly centrally located and elevated location of the Outdoor Gathering Area will be buffered. No clarity has been provided on what it is meant to "Internalize the Outdoor Gathering Area within the B&B". Again, the Outdoor Gathering Area is at least 8' from street level. We are left to speculate that simply adding more fences is the solution to highly unpredictable noise signatures from the parking areas campground and Outdoor Gathering Area. What is not left to speculation is that this amount of proposed 5'to7' foot perimeter fencing is not in visual harmony with existing residential developments. I respectfully remind the Board of Commissioners that per DCC requirement, a B&B must retain a residential exterior appeal - this is not possible with all the severe elements needed to speculatively buffer a commercial campground. i agie 1+- site tnnancement Summar No new technical analysis or data has been provided on how additional elements will buffer modified site and Outdoor Gathering Area. Noise signatures from the parking. area, campground, and central a Outdoor Gathering , Area remain unpredictable at best. Parking lot reconfiguration has no appreciable impact to our primary concerns. More "compact and centralized" program elements still require setback waivers that are unprecedented in Deschutes County. It is purely speculation this revised layout will add "operation controls" to program areas - no real justification on operational improvement is provided. In summary, the recent modifications to the Application for two Conditional Use permits for a B&B Inn and commercial Campground have only made this development less attractive to the concerned neighbors. If anything, this last minute modifications have caused more confusion and reduced our confidence the Mazamas Foundation can responsibly manage their development plans to fit the site location, geography and lot size. The Mazamas would explain the numerous iterations of the site plan as an attempt to compromise. We see their changing plans that originally had 60 campers on less than 2 acres as an attempt to extract as much self-serving value from a property that has discrete limits due to its zoning and limited lot size. The Mazamas have described themselves as organized, goal -oriented and pragmatic planners that take on challenges with foresight and responsibility. This description is in line with the great alpinist and mountaineers that take on the world's toughest climbs. I would challenge this description of the Mazamas as disciplined and thoughtful planners, and cite this shifting and irresponsible proposal as evidence the Mazamas purchased a property prior to having a complete plan on how to foster it into something better. I believe it is not lost on the Board of Commissioners that what is being proposed by the Mazamas at this location is simply not in accordance to what this limited rural residential parcel can support. Our primary concerns remain unchanged - they are listed in brevity below. Table 5 - Summary of Neighborhood Concerns 1) The B&B business proposed by the Mazama Foundation is outside the clear definition of an owner occupied, single family residence as required by Deschutes County Code. The Mazamas Foundation does not have employees, only directors. The proposed Caretaker is not owner. The requirement of an owner -occupied, single-family residence B&B has never been satisfied. 2) It is difficult and unreasonable to "predict" the actual noise signature of 28 guests on these premises. The only harmonious and effective manner to allow for increased noise to be compatible with conflicting uses is with distance. This is the exact reason for required set backs for of 100' and 300' in the case of a campground. There are zero campgrounds in Deschutes County that do not meet the required set backs of MUA 10. 3) Similar or existing uses in the area simply do not exist. There are no commercial B&Bs in the area. The only nearby campground is in full accordance with State Park Land requirements that include large setbacks and natural vegetation as buffers to conflicting uses. 4) It is unreasonable and unfounded to accurately speculate on the screening of the campground. There simply does not exist any previous case, request, or decision to be sited or referenced in justification for a setback waivers. The implications of setting precedence in how county code is interpreted to allow such a Waivers of setbacks is very serious and could result in multiple MUA 10 lands to be developed for commercial camping. 5) As stated by A. Raguine -"Deschutes County does not approve campgrounds very often at all. I could not find an approval for a campground,, particularly not one with an exception. "This is really the Board's opportunity to determine what is appropriate (in regards to setbacks in MUA 10)" In closing, I remain faithful in believing the Board of Commissioners will be more thoughtful and cautious than the Mazamas Foundation in weighing both the intended and unintended impacts to not only our small community, but also to Deschutes County as a whole. As a united Alliance of Terrebonne Neighbors we look forward to your decisions. Best Regards, Luis Elenes Terrebonne Resident Terrebonne Neighborhood Alliance volunteer 4 6 X6 EXHIBIT B yA MNO LOT a, \ 8' abave, road elaN.CPS„����-- �E GP 6 OO View of 01 ok 11 campsite fence ` /A Kum sm t SEM DRAINAGE Fl KF}a`'/�liFISY INN Q) .... ... ,rer ✓ � - J ;ata t�j I I Figure 1 - New OGA, Setbacks, Field ®f Griew ®f OGA. Commissioners Baney, Henderson and DeBone: February 7, 2018 Re: Mazama Conditional use permit for 10050 NE Crooked River Drive-Terrebonne Point 1: 1 would like to address the acoustical fence/wall and the data from the sound engineers hired by the Mazamas. If the Mazama plan does get approved and the acoustical wall becomes a reality: What assurances, guarantee's and legal recourses do the neighbors have if the "wall" fails to contain the acceptable level of noise generated from the Mazama campground? We would like the county to develop a course of action that would enforce the stated sound controls as presented by the sound engineer's and the construction of the sound barriers. There should be a recorded document that addresses the issue before, not after, the approval process, because as you know, once a plan is built and up and running, there never seems to be any recorded legal process to address and correct the problem afterwards. Point2: The Terrebonne community Plan. This was adopted by the Board of County Commissioners in 2009 for the years 2010-2030 and it is an integral part of the Deschutes County Comprehensive Plan. The communities plan, goals and policies provide a guide to decision making for the land use planning for the 20 year period. The Oregon State Statute, by definition, recognizes Terrebonne as a "rural community" because of it's long standing as a rural center. The community vision statement: "maintain the livability of Terrebonne as a small town with it's rural and scenic character, by encouraging efficient services and safe travel throughout the community." The vision statement was created to ensure that with VIGILANCE and forethought, the unique rural character of Terrebonne can be maintained and enjoyed by present and future generations. Why develop, support and approve a Terrebonne Community Plan if after 8 years, the established guidelines are not efforced? Point3: The Mazama's are trying to cram a 10 acre plan onto a 2 acre property: they simply just purchased the wrong property. In 2013, the 10 acres across from us sold for $189,000, a much better option, but the Mazama's choose the current property because it was owned by a fellow Mazama member. The Mazama's sit here again today, wanting you to approve their plan and correct their mistake. Thank you for your consideration. Al Dertinger 9070 NE Crooked River Dr. Terrebonne I w Z m 0 = r- = n = -4 m x -0 < 0 < co ;;� ::r =r X E=--Omom3mmmX m o"o n =I ?C' Z�. X, 0 tr CD m cu < w a 0 -W 0 W rr n 0 a (A m 3 w m 0 CL tA 4m 0 3 D G) 3 ro -0 cr w ro CA is c (DA 3 M tA =r o m < UQ 'a N zr ID Z. M 0 :3 M -00 - - - Ln CL 0 o w cu cra OL 0 4A 'L3 M- — 5 CL 0 su Proii =r cu 0 0 O 0 rt ry Cro L CD m 0 0 M 0 L Z Q. D, C, w (4-0 Co in (A (D cu CL X, bt We w I PMMMMMM mom= �vmmw mmommomm" WMIM"Woom L ................. 1-4a sZ a C)(n r) 3 (D (A -n co --i cn co co (A r) (D ri- C3- 0 w 3 CD (zDr Ln rn :3 z m --N -- 0 m (A Z U� Q -73 o :Z1 a ;:;: cD 3 G) G) G) -F S --% :5 0 CD 0 o a ZI =T 0) -0 Z� - Q ;: - ty. :3 S-3 tn m 0 Q N M :5 "0 Co ;a W :3 Q� CL CL 0 m 0 w UZ) -rj :Z _ N Z la C) m 0 N rb zs, zz- z 0 :z ., 0 _, _. - tb 0 w = (a =) =; =; — (D 0 a Z- 0 M QCD (n (n En 3 (a ;r 3 C) 0 m zZ ff C C(D cn cn (D 0 Z3 0 z rb ;u 0 CD (D 00 M ZZ 0 lz Q tz) rz. co -0 c —i rl 0 Z 0 -N Q n z 0 N Q:;u Ci :3 i3 1+ -0 FD' --n Q lz (D :3 0 Q --% CL (D ,b Q- C�L rn Z3 (n Qrb. �; Q :3 M Z3 < NJ :0 n m 03 Q O_ Q Nj 0 Z3 co mPrn I m& 0 � NJ m (A �:r rri 0 C5 x Z' Q Z (b () 5;: :3 — — n :z - Q Q :3 " �, Z M* Qr" .t C) rb ::Ya Q + rn Lrf S Ii Q Q CD 0 Ln �3 Q Z - V) C, mm mm mm on mu mm mm mo mm I= mm ow mm ow EM ow mm mm mm am mm m on EM mm um mm No m om on ow am am ME (D ---i (D (D cr 0 (D NJ 0 m 0 3 3 c =3 0 3 3 0 :3 m 0- cr m rtm 0 0 w 0 0 0 m C 5- C (:) -0 0 4' —, I Ol - A 0 '00 0 to LA 0, 0 0 rt"t oro rl ;T 10 o 55 e v, 0 5 v -s0 t 0At 3 3 f� ro a ow CL ca- tr 0 C> n w o q jv" U 04 co 0 o M:, tr C CL o rl k P7 CL V" ol 0 0 rL no 01 CL no c tb 0 CL an (D ---i (D (D cr 0 (D NJ 0 m 0 3 3 c =3 0 3 3 0 :3 m 0- cr m rtm 0 0 w 0 0 0 m C to LA 0 0 rt"t oro rl ;T 10 o e v, 0 5 v -s0 t 0At 3 3 f� cLT ui CL ca- tr 0 o q jv" U 04 co 0 0 tr C CL CL V" ol (D ---i (D (D cr 0 (D NJ 0 m 0 3 3 c =3 0 3 3 0 :3 m 0- cr m rtm 0 0 w 0 0 0 m n --q 0 =r rD (D (D iT0 :3 :3 CL (D r+ =' N (D 0 0 O EL 3 = 3 O -Q c :3 r+ -V ro (D 0 3 ro 3 m 0 4, rD o 0 = -SL (D (D < aq e-+ rD 0 a aq 0 (D rf CL r+ rD rD Ln O ro ro r+ ry P" --j 0 CL CL D 0 U) 00 CL 0 Z: r4 cr CL cr n --q 0 =r rD (D (D iT0 :3 :3 CL (D r+ =' N (D 0 0 O EL 3 = 3 O -Q c :3 r+ -V ro (D 0 3 ro 3 m 0 4, rD o 0 = -SL (D (D < aq e-+ rD 0 a aq 0 (D rf CL r+ rD rD Ln O ro ro r+ M a 0 ro n n mC m m ry c w X ,n N 0 w ® � OZ n 00 w � � o 0 m 4+ � 0 �m CL m a, :r m�' O_ 0 -0 W C u+ M LA a "® m m t_ CL 0 0 ro w —I m —I m rD cr O m N O m C" O 3 C -0 v N n O 3 Ln N O m CL a A i fD N n O i W O cu I Q. O n O 3 3 O I. Z5 0 Cr ou 0 cr tt C- 0 C -0 @ � I a : r 0 g 0 3 "9 `0 t' n � w 0 rt V CL 0 M � gyp' 00 n I CL 4 n_ C» rn r� 3 0 M a 0 ro n n mC m m ry c w X ,n N 0 w ® � OZ n 00 w � � o 0 m 4+ � 0 �m CL m a, :r m�' O_ 0 -0 W C u+ M LA a "® m m t_ CL 0 0 ro w —I m —I m rD cr O m N O m C" O 3 C -0 v N n O 3 Ln N O m CL a A i fD N n O i W O cu I Q. O n O 3 3 O I. Z5 LI) (A r+ CD aj -,% r+ < (D rt (D C') 0 9 3 C: C+ =r fD fA C: 0 UQ C: cu cu M cu 0 r+ cu fD rD fD 0 fi -0 m 0 "a fD cu rD aq r+ 0 C: aQ 0 r+ fD (D 0 (D r -j C 0 3 3 (D cr CL 0 3 3 rD O CD CL m Ln r+ CD CL (D s+ c v > n > on r -L CL 0 V7 w~I D t9 ro 0 C/) qq CD rt 00 r3 - eb p7' a o all CL ta. t:l Ca. n I_ d CL 04, ;�- 0 OZ gg� Cc t:r r� = CL ar C, rl, 0 ST R CL 11 T- o CL LI) (A r+ CD aj -,% r+ < (D rt (D C') 0 9 3 C: C+ =r fD fA C: 0 UQ C: cu cu M cu 0 r+ cu fD rD fD 0 fi -0 m 0 "a fD cu rD aq r+ 0 C: aQ 0 r+ fD (D 0 (D r -j C 0 3 3 (D cr CL 0 3 3 rD O CD CL m Ln r+ CD CL (D s+ c v > n > "I ol D t9 ro qq m r3 - o - p7' a o all n I_ 0 ;�- 0 OZ gg� Cc - rll 0 ST R CL 11 T- o A. In 00 0 ro 3 q a.-oo I v o o 0-14 < k, 0 CZ q k The Terrebonne 20 Year Community Plan was commissioned by Deschutes County Board of Commissioners The Deschutes County Cornprehensive Plan is a statement Of iSSLIeS� . goals arid policies meant to guide the future of land use in this County, This Comprehensive Plan is intended to recognize the expectations and rights of property owners and the con-m-wrlity as a whole. Use of this Plan Tl*, Conilw-olverisivo Platt ii, a tool for- addre,-;%ing changing cudviditions, anlarkets and It can be used in fflUltipl(I Ways, including: To strengthen communication vvith the public, 10 o guide pliblic, decisio'rls 0")n land use y When devolopli1q, 'Ianl L'Iv,, ode", �m� h a, 'm,mr-ig car' land * As a basis for, the de-velopi-nent of public programs and budgets. * As a basis for the measurement and evaluation of changes ul, the physical, social, environmental or econortvc niakeup of the County. Modifications of the Man ot.50 n -,ay result. front this procesis. * To pionloto cocsrdillAtioll, collaboratiotland C I �OKA.VV'V-V'LtL�. fo'pv't Conrimunity Planning Process At tile request of the Deschutes County Board of Convnissione", the Community Development Department in 2008 engaged Terrebonne residents ill tile Comprellerisive Phn Update process. Staff began that process -ss in tile fall, with the first of folie corriawnity meetings e in Terrebonne, 'These; tilecongs provided opportunmes to meet with residents and stakeholders, answer- qtiestions, and explain Oregon land tise planning and Deschutes County's existing Comprehensive Plan, In February 2009 at the second meeting, staff asked residents if they supported the creation of a Coniononity Plan and if so, to describe their land use values and expetntions for the area. They introduced the following issues, i�rc.t€rrar al 4evel'aprilera is rICA furthering, the Cc41)nmns1y*& ovxr('fll rta%ll values; Continue preserving agricultural lands near Terrebonne; Mam"iln To'l obonn(t's r garalChmatter; WArer and sewer limitations affect the coninwrlity*s ability to acroillmodate growth: * Allow commercial ilpzoning oil the west side of U.S- 97. ® Create a park in Terrebonne, * Expand Terrehonne's cornintinity bolindary to mckide an adjacent residential area; ,arid * Consider several transportation alternatives to accommodate traffic voltinies and promote vehicle safety for US. 97, including a viffic signil, I couplet for sotith and narth hound viffic, a grade separation interchange near Lower Bridge Way or a bypass to the cast. The Terrebonne 20 Year Community Plan established a commercial zone which was designated specifically to serve the community and the surrounding rural areas, or the travel needs of people travelling throughout the state. 18.66.040. Commercial (TcC) District. The Terrebonne Commercial District is intended to allow a ranee of commercial and limited industrial uses to serve the cormntmity and surround m, rural arca. For purposes of LSCC 18.66,050(E), the surrounding rural area described by the Terrebonne zip code, which extends south to the boundary of the Redtnottd zip code, west to the boundary of the Sisters zip code, east into Crook County to the boundary of the. Prineville zip code and north into Jefferson County to include Crooked River Ranch. s.. OBJECTIVES GOALS STRATEGIES Expand education and activity programs Reinvent leader development structures and systems Restructure and diversify education programs and delivery "More shared growth experiences outside!„ Promote and diversify activity programs Expand stewardship and advocacy efforts Restore management of historical collections with a focus on sharing stories "Protect the mountains, our people, and our Create a mission based policy agenda and lead with outreach and advocacy lead and promote direct stewardship efforts in the Pacific Northwest, stories" Expand diversity and community engagement Host and Lead events that increase community support for Mlazan,as "Be valuable cunt relevant leaders in our Clarify and strongly support existing strategic community relationships Host community workshops which support our strategies and values community" OBJECTIVES GOALS STRATEGIES Enhance member services Reinvent and modernize our information systems Improve the relevancy and value of our branding and messaging delivery „Make membership an overwhelming value" Understand and improve the value proposition for membership Implement the Volunteer Management Plan Enhance resource management t "Effectively maintain and utilize our resources' Renovate our facilities to be welcoming, functional and sustainable Refine our financial/asset management systems and reporting tools Invest in systems and training for strategic project planning Enhance development systems Create a culture of giving and fundraise for inspiring priority projects "Effectively plan and execute our strategies" Invest in systems that accelerate increased member engagement OBJECTIVES GOALS � STRATEGIES Explore new programs Develop youth and family prograrns and related events "Research and develop new programs that Lead delivery of National Training Standards Research new ways of pursuing our mission through programming create shared experiences in the mountains, Research and Develop new community services or activity centers Explore new services "Research and develop new services thatResearch help us pursue our mission." and Develop camping, lodging and trailheads where needed _ Design and execute a vibrant marketing and communications plans Explore new relationships Develop partnerships that support priority programs or strategies "Research and develop new relationships that Develop strategically important retail and corporate relationships Develop relationships with mission aligned foundations and donors support priority programs and strategies," ml 01 3 0 E E 06 C CN CN C Co LO a'\ ux,Fr 0 C CN C m � a'ys�Z 2,13 Lmn, lv 06 E ¢' r C day;» z 2 an k ME - do A�i f- 0 A �"IISO A v fay 9 A �"IISO A v fay 9 • • i • • 0• + s.' o tZA • f , • • i t •' • • � • s � IL bA • ® "� 16 in, -6 a ra� Q) cI It J.- " � IL � "°� � A. AlllbL 0) � o 'S o � `n eJ O ° 4- °o C7 ® ° °o C � • • i • • 0• + w • i • f , • • i t •' • • • I 4.1 C) E O 4..) V) 9 7d, (D rA IF4, 6 cp cw/) W) tO ui z 00 uj Zt Cq VC> CA 0 a) M � o C) ;* co 7d, cp cw/) W) tO ui z 2 © �CN 2 Z 00 L (LZ V> 2 � � &\ / R 3 �\ CN� — ? R \ C o f> = 2 \ 2 / / _ & c ® V> J \ 0 R 0 ca 0 CL 71W N c NC � c O O O_ O O C LOO O C C O m N O O Cl) c C c N 0 CL 71W N c � c � C O N O O O c C c N > O � 4) c v U al d O N � O .... EO Q" ii y O OO N � 0 _ aUi CO _ _3 _W C L.L U C N c 0 Z N O C Z} N ® .2 U o c, C) d o C O u, 3 00 Q)QL O V > N E m a Q c p N O E > U u Lu C - ID N a o N U E v E Z c O m � c � c � C N O O O c c N > O � c N c v U al d O O N .+_. O .... EO Q" ii y O OO O O p O 0 aUi CO W Q p vj O pO c6 U Q c 0 O O C ® .2 U o c, C) d o Z3 u, 3 00 Q)QL O V > C U O '- c p N O E > U u Lu ID N a o N U E v E Z p m 11- a m (D Q •S o O V) ® U c 3 a > U k C �.• C Q Q r� C o) o N O t 2 C' c ' p O O o a' -C � u 0- p D c c OVO) m� a. : ���.9 V Us FEoq do -O o -@:)14ou sAep O aui ,.. e6i.:: ,i e tit eEG. e z - t ti e `t:i I am Jan Fuller and live at 9070 NE Crooked River Dr. My husband and I moved from Colorado to Bend in 1981. 1 worked for SC Hospital for 30 years as an Occupational Therapist working with stroke patients, orthopedics, worker rehab, hand therapy, and in Home Health care before retiring about 5 years ago. We have lived on our 10 acre property in Terrebonne for 12 years sharing the land with horses, steers, dogs, deer, fox, skunk, badger, etc....... So.... here we are again, continuing to attend these hearings and the question "WHY!" weighs more heavily each time. The residents of the Terrebonne community are here today whether retired and taking time from daily chores or others that are hardworking people taking vacation days or days without pay. We are present and wanting to have important concerns heard. As a result of the County's explanations as found in their Rural Growth Management Plan and their Tumalo and Terrebonne Community Plans, we grasp the concept that supports the County's move to establish certain Rural Residential Exception areas, which share many of the common attributes of MUA-10 and Rural Residential -10 zoned lands. We also understand that according to County zoning maps, our Smith Rock Neighborhood is designated as a Rural Residential Exception However that Exception Process and designation has essentially no bearing on our rights as residents, taxpayers and voters of Deschutes County to be protected under the laws of our county - protected from an unlawful land use proposal in our neighborhood that could, if approved, impact our physical and financial wellbeing. (for example as in an increased assessed real market value/increased taxes) So once again we ask WHY did the County Land Use Planning process fail us in such a time consuming manner - requiring us to endure months of the applicant's maneuvering as they attempt to "shoehorn" their personal project, their money-maker through the financially advantageous "front door" of nationally acclaimed Smith Rock State Park? When we review The "Purpose Statements" of both MUA (18.32.010) and RR zoning (18.60.010) we see assurances concerning the protection of our "rural residential living environments" and of our individual property rights, and from the MUA Purpose Statement we see assurances regarding protection of the character and the capacity and the natural resources - and of great importance to us - that "our open spaces be preserved as assured in the MUA Purpose statement (18.32.010). Clearly, the Mazamas proposed nuisance abatement measures cannot help but diminish a key portion of the "wide open space" view to the East of the park that has from the beginning been part of the expansive, wide-open "Smith Rock Experience" - an experience that we neighbors and hundreds of thousands of park visitors have enjoyed for decades. Here we are attending these hearings and listening to the Mazamas' provide yet another round of their basically unchanging testimony and their same old "refreshed " proposals. Not new proposals, just a different shade of `makeup'. As a closing comment..... I imagine myself as a visitor to Smith Rock State Park and driving along the roadway. I look to the west and see the dramatic landscape. I also gaze to the east and see critters grazing on pastures and neighboring residences. But wait ... what's the story on those high privacy fences—a gated community of Mazamas? They can profess to be a good neighbor, continue to embellish fact or fiction, and try to convince others of beneficial purpose in various ways. However, this proposed facility is NOT HARMONIOUS with the neighboring community. could ,: cr n.# the face :we o\ Deschutes e chu +« s:unt . , urge . \ "o \ to o pres °:( d e our, park \o r generations to come an a / \ you consider h 4 it would ou: \h nge your mu, w,o \ }d to have . campground . p \oun »ode in next door. D oo,,D o the right thing please. February 5, 2018 Deschutes County Community Development Department Attention: Anthony Raguine Senior Planner RE: Proposed Land Use Action File #; 247 -17 -000319 -CU, 320 -SP, 321 -CU Applicant: Mazamas Foundation Location: 10050 NE Crooked River Drive/14131 ID000800 Legal: Parcel 1 of Partition Plat 2017-10 Dear Commissioners There are many more of us that would be here today if we could, but we have prior obligations to our employers. Please do not consider our absence a lack of interest or approval of the new Mazama plan. Some of the issues from past hearings have raised questions which still linger with the modified plan. I am writing to encourage you to ask additional questions about the Mazama's planned campground. The Mazamas have said they anticipate a 67% average occupancy rate. While they have offered us some information, its the information they have not offered that has me concerned. 67% would lead to winter guests in the campground. We know they will provide their guests with permanently erected tents. My concern is whether this is truly camping. The definition of camping involves temporary structures. Please ask if the tents are erected on platforms, if they will have electrical outlets for lights and heat in winter. Will the campground guests rely on coolers or will they have refrigeration, stoves and beds provided for them. Please consider at what point a campground stops being about camping and starts to be a resort. Please decide if the wavier of standard development conditions for a facility which is not harmonious to the neighborhood, not exactly what the developer has implied it will be, is worth the fractures it will create in our zoning rules. Thank You Kathy Clair EXHIBIT A -PARKING LOT, ASPHALT OR PERVIOUS ASPHALT PEDESTRIAN WALKWAY, CONCRETE --LANDSCAPED BERM ROCK RETAINING WALL PARKING LOT 15 SPACES TOTAL RC d —PROPERTY LINE EASEMENT /Al ".,, FOR SMITH ROCK LOOP N1, 1z 16 � , I -,/ DRIVEWAY�IASPHALT 0 OR PER/OUS ASP14ALT -0 43 001_r--LANDSCAFING NOT SHOWN ON THIS ✓O / i ! ' 1 r < i1- I SITE PLAN DIAGRAM. LANDSCAPING < TO BE CONS] STENT WITH LAND USE 2 DRAWINGS, LANDSCAPE DRAWINGS \ 4 A- L.100-, 1-101, 1110, AND L11 I 3 4 > FIRE DEPARTME�)T, - - - - - - - - - - — - - - - - - - - - I ACCESS DRIVE - WALK-IN CAMP SITES PROPOSED CAMPGROUND I�Z , 5 CAMPSITES TOTAL SETBACK PEDESTRIAN 2 TENTS PER CAMPSITE WALKWAY, CONCRETE 1,420 SF/SITE 7,160 SF TOTAL AWP FIRE DEPARTMENT BEDROOMS ACCESS, 1491 MAX TALL ACOUSTICAL AND x GUEST AREA i VISUAL SCREEN/FENCE PUMPHOUSE 0 b HOUSE. BED & .......... Henneberyliddy MAZAMA RANCH AT SMITH ROCK 1 ®1/17/18 SITE PLAN DIAGRAM Architects 00 � o¢ Z8 5 SEPTIC DRAINAGE FIELD - ---- ------- Fl[j EXHIBIT B EXISTING NEIGHBORING HOUSE L� NORTH 10, 20' 40' RenfleberyEddy MAZAMA RANCH AT SMITH ROCK 1 01/17/18 SITE PLAN DIAGRAM Architects REVISIONS OVERLAY > c1lo 2 < 4 5 — — — — — — — — — — — — — WALK-IN CAMPSITES — EXISTING NEIGHBORING HOUSE L� NORTH 10, 20' 40' RenfleberyEddy MAZAMA RANCH AT SMITH ROCK 1 01/17/18 SITE PLAN DIAGRAM Architects REVISIONS OVERLAY 2018 Legislative Session Includes bills provided by Pac/West, AOC, and County Departments as of 2/5/2018 SORTED BY BILL NUMBER Measure ID Relating To Catch Line Chief Sponsor Additional Sponsors Category Department Comments HB 4001 Relating to greenhouse gas emissions; Requires Environmental Quality Sen.BEYER, Sen.DEMBROW, Rep.HELM, By Representative FAHEY, GORSEK, Energy declaring an emergency. Commission to adopt by rule program Rep.HERNANDEZ, Rep.MARSH, GREENLICK, HOLVEY, KENY-GUYER, that places cap on greenhouse gas Rep.WILLIAMSON KOTEK, LIVELY, MALSTROM, MCLAIN, emissions and that provides market- NOSSE, PILUSO, POWER, REARDON, based mechanism for covered entities to SALINAS, SANCHEZ, SMITH WARNER, demonstrate compliance. SOLLMAN, By Senator FREDERICK, GELSER, MANNING JR, MONROE, PllnzAmwi. RILEY, TAYI OR HB 4002 Relating to fees on air contamination Requires Environmental Quality House Interim Committee on Energy and Energy and DCHS: Oregon Conference of Local Health Officials (CLHO) sources; declaring an emergency. Commission to establish fee applicable to Environment Environment currently lists this bill as a priority 3 "Support." Recommend certain air contamination sources to Support/Priority 3. cover direct and indirect costs of Department of Environmental Quality and commission in developing and implementing program and rules to reduce public health risks of emissions of toxic air contaminants from industrial and commercial air contamination sources HB 4003 Relating to engine emissions; prescribing Requires certain public improvement Rep.GREENLICK, Rep.NOSSE, By Representative GORSEK, HELM, Energy DCHS: Oregon Conference of Local Health Officials (CLHO) an effective date. contracts to meet certain requirements Rep.SALINAS HERNANDEZ, HOLVEY, KENY-GUYER, currently lists this bill as-a priority 3 "Support." Recommend related to use of diesel engines in course KOTEK, MALSTROM, MARSH, PILUSO, Support/Priority 3. ROAD: Impact on Road Department. of performing public improvement POWER, REARDON, SANCHEZ, SOLLMAN, Recommend Oppose/Priority 2. contract. By Senator DEMBROW, FREDERICK, NR E TAYLOR HB 4004 Relating to safe transportation of Directs Environmental Quality Rep.SMITH WARNER Rail Transoprt hazardous substances; prescribing an Commission to adopt rules applying effective date. certain oil spill prevention and emergency response planning requirements to railroads that own or operate high hazard train routes in this 2/8/2018 1of21 HB 4006 Relating to housing; declaring an Requires Housing and Community Rep.KOTEK By Representative ALONSO LEON, Housing DCHS: Oregon Conference of Local Health Officials (CLHO) emergency. Services Department to annually provide DOHERTY, KENY-GUYER, NOSSE, SMITH currently lists this bill as a priority 3 "Support." Recommend to each city and county data showing WARNER Support/Priority 3. percentage of individuals resident in city or county who are severely rent burdened. HB 4007 Relating to housing Permits individual to create first-time House Interim Committee on Human Housing CLERK: Clerks oppose increase. Current examples when home buyer savings account with Services and Housing recording fees become to expensive constituents go financial institution to pay or reimburse elsewhere (MERS, city lien dockets, recent attempts for account holder's eligible costs for first- state registry) or do not record statutorily required time purchase of single family residence. documents. ["MERS effect" could have significant negative impact on the public records of real property transactions]. Recommend Oppose/Priority 2. HB 4009 Relating to juvenile dependency Heightens standard for taking child into Rep.SANCHEZ By Representative GREENLICK, Public Safety proceedings; declaring an emergency. protective custody without court order. SOLLMAN, STARK HB 4010 Relating to home ownership; declaring Establishes Task Force on Addressing Rep.BYNUM, Sen.FREDERICK, By Representative ALONSO LEON, Housing an emergency. Racial Disparities in Home Ownership. Rep.HERNANDEZ, Sen.MANNING JR, FAHEY, GREENLICK, KENY-GUYER, KOTEK, Rep.MEEK, Rep.PARRISH, Rep.POWER, PILUSO, REARDON, SOLLMAN, WITT, By Rep.SANCHEZ Senator DEMBROW, MONNES ANDERSON HB 4012 Relating to reemployment of retired Extends sunset on provisions allowing House Interim Committee on Education PERS members of the Public Employees retired member of Public Employees Retirement System; prescribing an Retirement System to be reemployed by effective date. participating public employer as teacher of career and technical education without loss of retirement benefits. HB 4015 Relating to the Oregon Conservation and Establishes Oregon Conservation and House Interim Committee on Energy and Environment and Recreation Fund Recreation Fund. Environment Natural Resources HB 4018 Relating to coordinated care Makes governing body of coordinated House Interim Committee on Health Care Healthcare DCHS: Oregon Conference of Local Health Officials (CLHO) organizations care organization subject to Oregon's currently lists this bill as a priority 3 "Support." Recommend public meetings law. Support/Priority 3. HB 4021 Relating to work time limits; declaring an Allows certain employers to permit Rep.Boone, Sen.Sanchez Labor and emergency. employees to work more than 60 hours Employment in one workweek to cover for employee absences. 2/8/2018 2of21 HB 4023 Relating to broadband technology Directs Oregon Broadband Advisory House Interim Committee on Economic Broadband Council to submit report to interim Development and Trade legislative committee, no later than September 15, 2019, regarding broadband technology access. HB 4024 Relating to economic development. Directs Oregon Business Development House Interim Committee on Economic Economic Department to conduct study on Development and Trade Development economic development and submit report to interim committees related to economic development. HB 4027 Relating to property taxation Defines "solar project" to mean House Interim Committee on Revenue Energy; taxation ASSESSOR: Assessors suggest amendments to the bill, photovoltaic solar power generation including clarifying rooftop projects; adding flexibility to facility and land on which facility is local jurisdictions in agreement language; returning PILoT located. projects back into the regular property tax billing system; and potentially revising the clawback provisions. AOC seems agreeable. HB 4029 Relating to scenic waterways Prohibits person, public body or local House Interim Committee on Agriculture Land Use CDD: Opposed by Bend Park & Recreation as a pre-emption service district from constructing bridge and Natural Resources for Oregon Wild of local planning processes, as a push to limit development on Deschutes River within certain and infrastructure in river corridors statewide, and as segments of Deschutes Scenic Waterway. limiting access to public lands. Don Horton has requested that the Board of Commissioners oppose this bill as well. OTHER: Letter of opposition submitted to the Board of Commissioners by the Deschutes County Bicycle and Pedestrian Advisory Committee Chair. HB 4030 Relating to violations of the wildlife laws. Provides that for misdemeanor under House Interim Committee on Agriculture Public Safety wildlife laws that involves taking or killing and Natural Resources for of wildlife, in addition to any term of Representative Ken Helm incarceration imposed, court may impose applicable fine for misdemeanor or impose compensatory fine payable to State Fish and Wildlife Commission. HB 4031 Relating to the use of land Provides that county approval of House Interim Committee on Agriculture Land Use CDD: Extends the timeline for Metolius Transfer of application for small-scale recreation and Natural Resources Development Opportunities (TDO) to be sited in another community shall constitute county. Deschutes County is not listed as an eligible county acknowledged exception to applicable in the bill. Board policy decision on whether to request to statewide planning goal with which such be added to the list of eligible counties. Staff understands use would not otherwise comply. coastal counties are likely suited to land the TDOs. 2/8/2018 3of21 HB 4032 Relating to elections. Requires Secretary of State to conduct at the request of House Interim Elections study to identify each law enacted and Committee on Rules for Representative administrative rule adopted in 2017 that Jennifer Williamson has effect on signature collection for ballot measures. Requires secretary to submit report to interim legislative committees detailing content of each identified law and administrative rule by October 1, 2019. HB 4033 Relating to elections. Requires Secretary of State to conduct at the request of House Interim Elections study and analyze implementation of Committee on Rules for Representative laws relating to elections that were Jennifer Williamson passed during 2017 regular session of Legislative Assembly. Requires secretary to develop recommendations regarding most effective methods for improving implementation of laws. Requires secretary to submit report to interim legislative committees detailing recommendations by October 1, 2019. HB 4034 Relating to areas within an urban growth Modifies requirement that city over House Interim Committee on Rules Housing CDD: This bill removes the requirement for Counties to boundary that are zoned for single-family 2,500 population or county over 15,000 allow ADUs outside of UGBs. Major impact on CDD if the dwellings population allow development of provisions mandating the County approve ADUs are not accessory dwelling unit in area zoned for removed. Board policy decision on whether to support detached single-family dwelling. allowing ADUs outside of UGBs with local discretion. HB 4046 Relating to salary under the Public Provides that outside compensation of Sponsored by Representatives Representatives BARKER, NOBLE, PERS Employees Retirement System; declaring employee of public university or WHISNANT, REARDON, GOMBERG, RESCHKE an emergency. community college is not included in Senators HANSELL, ROBLAN; employee's salary for purposes of Public Representatives Em to ees Retirement System. HB 4049 Relating to sexual assault forensic Directs Department of State Police to BARKER, NOBLE, RESCHKE Public Safety evidence kits; declaring an emergency. establish multidisciplinary committee on tracking of sexual assault forensic evidence kits. HB 4050 Relating to animals. Consolidates provisions prohibiting Rep.BARKER Public Safety commercial transactions related to cockfighting equipment. 2/8/2018 4of21 HB 4051 Relating to rural education; declaring an Establishes Task Force on Rural Rep.DOHERTY, Rep.MCLANE, By Representative ESQUIVEL, EVANS, Education emergency. Education. Rep.SPRENGER GOMBERG, HOLVEY, KENNEMER, LEWIS, MALSTROM, MCLAIN, PILUSO, POST, SALINAS, SANCHEZ, WHISNANT, WILSON, WITT, By Senator FREDERICK, HANSELL, ROBLAN HB 4055 Relating to vehicles. Modifies laws related to vehicular hit and Rep.BARKER, Rep.OLSON By Representative POST, SMITH DB Public Safety run. HB 4056 Relating to civil forfeiture proceeds; Distributes civil forfeiture proceeds to Sen.BENTZ, Rep.OLSON, Sen.PROZANSKI, By Representative BARKER, BARRETO, Public Safety declaring an emergency. scholarship program for family members Rep.SALINAS, Rep.WITT BOONE, BUEHLER, ESQUIVEL, GORSEK, of deceased or disabled public safety HELFRICH, KENNEMER, LEWIS, MCLANE, officers. NEARMAN, NOBLE, PILUSO, RESCHKE, SMITH DB, SPRENGER, VIAL, WHISNANT, WILSON, By Senator BAERTSCHIGER JR, BEYER, BOQUIST, BURDICK, FREDERICK, HANSELL, MANNING JR, ROBLAN HB 4059 Relating to transportation Modifies and adds laws related to Joint Committee on Transportation Transportation ROAD: Technical fixes related to 2017 transportation bill transportation. (AOC). Recommend Support/Priority Support/Priority2. HB 4060 Relating to transportation Modifies and adds laws related to Joint Committee on Transportation Transportation ROAD: Tweak to the new $5 million small county formula transportation. (AOC). Recommend Support/Priority Support/Priority2. HB 4061 Relating to transportation Clarifies timeline for vehicles initially Joint Committee on Transportation Transportation ROAD: Placeholder for tangentially-related concepts (AOC). registered on February 29. HB 4062 Relating to transportation Adjusts certain fees imposed by House Interim Committee on Transportation Department of Transortation. Transportation Polic HB 4063 Relating to autonomous vehicles Permits operation of autonomous House Interim Committee on Transportation vehicles on highways in this state under Transportation Policy certain circumstances. HB 4064 Relating to transportation Allows county with large population to House Interim Committee on Transportation use county vehicle registration fee for Transportation Policy bridges without distributing portion of fee to cities within county. HB 4066 Relating to grants for early childhood Establishes Early Childhood Equity House Interim Committee on Early Education DCHS: Oregon Conference of Local Health Officials (CLHO) programs Innovation Fund. Childhood and Family Supports currently lists this bill as a priority 3 "Support." Recommend Support/Priority 3. HB 4069 Relating to lottery revenues; prescribing Provides that fixed percentage of certain Sen.HANSELL, Rep.LIVELY, Rep.MEEK, By Representative BARRETO, GOMBERG, Economic ADMIN: In December, County signed onto a letter of an effective date. forecasted video lottery revenues be Rep.SMITH DB HELM, LEWIS, MARSH, NEARMAN, Development support at the request of AOC. Recommend transferred to counties for economic NOBLE, POST, REARDON, VIAL, By Support/Priority 2. develo ment. Senator MONROE ROBLAN 2/8/2018 5of21 HB 4070 Relating to public employee retirement; Establishes retirement benefits payable Rep.HAYDEN, Rep.PARRISH By Representative ESQUIVEL PERS declaring an emergency. under Oregon Public Service Retirement Plan to persons who establish membership in Public Employees Retirement System on or after effective date fAct. HB 4071 Relating to public employee benefits; Modifies funding mechanism for public Rep.HAYDEN, Rep.PARRISH By Representative ESQUIVEL, By Senator PEBB declaring an emergency. employees' health care benefit to avoid KNOPP excise tax under Patient Protection and Affordable Care Act. HB 4074 Relating to escheat of United States Provides proceedings to escheat to State Sen.HASS, Rep.SOLLMAN By Representative BARKER, BONHAM, Revenue savings bonds; declaring an emergency. of Oregon matured United States savings BOONE, BYNUM, EVANS, FAHEY, bonds presumed abandoned and in GORSEK, GREENLICK, HELM, custody of state. HERNANDEZ, KENY-GUYER, LEWIS, LIVELY, MALSTROM, MARSH, MCKEOWN, MCLAIN, MEEK, NOBLE, NOSSE, PILUSO, REARDON, SALINAS, SANCHEZ, SMITH DB, SMITH WARNER, SPRENGER, VIAL, WILLIAMSON, WITT, By Senator FREDERICK, GELSER, JOHNSON, RILEY HB 4076 Relating to election campaigns; Establishes Small Donor Elections Representatives RAYFIELD, KENY-GUYER, Representatives FAHEY, GREENLICK, Elections prescribing an effective date. program to enable candidates for office Senator ROBLAN HERNANDEZ, OSSE, POWER, SALINAS, of state Representative and state Senator SANCHEZ, SOLLMAN, Senators FREDERIC, to receive 6 -to -1 match on small dollar MANNING JR donations. Limits matching funds. HB 4077 Relating to contents of statements of Requires statement of economic interest Rep.KENY-GUYER, Rep.RAYFIELD By Representative GOMBERG, Elections economic interest. to include certain information about HERNANDEZ, NOSSE, SANCHEZ, sources of income for business in which SOLLMAN, WITT, By Senator FREDERICK public official or candidate, or member of household of public official or candidate, is officer or holds directorship if source of income has legislative or administrative interest and 10 percent or more of total gross annual income of business comes from that source of income. 2/8/2018 6of21 HB 4078 Relating to tax benefits for certain Provides that "eligible location," for Sen.BOQUIST, Sen.BURDICK, Rep.NOSSE, By Representative BARRETO, BONHAM, Revenue; taxation ASSESSOR: The Assessors Association is strongly opposed industrial property; prescribing an purposes of certain property tax benefits, Rep.POST BUEHLER, DOHERTY, EVANS, GOMBERG, to this bill due to the added adminstrative complexities. effective date. includes location not formerly used for HAYDEN, HERNANDEZ, KENNEMER, Heavy Equipment Rental Fee: industrial purposes. LEWIS, LIVELY, MALSTROM, MARSH, 1) Does not adequately define qualifying "heavy NOBLE, SMITH DB, VIAL, WILSON, By equipment". States equipment must be "mobile' and able Senator BEYER, KNOPP, MON NES to "be moved among worksites". All equipment is "mobile" ANDERSON, PROZANSKI, RILEY, STEINER by definition, including: nail guns, air compressors, scissor HAYWARD, THOMSEN lifts and scaffolding, which may not be intended for this concept. An adequate definition of qualifying equipment is required to determine: a. Determination of a company qualifying to register under this draft b. Determination of non -qualifying equipment to be filed on PPR annually mobile adjective adjective: mobile 1. able to move or be moved freely or easily. 2) Major change from current system: This will allocate tax dollars to jurisdiction of rental location, not the situs address of the equipment. This will have a financial impact on jurisdictions with construction occurring in their area, but the rental location site is located in another tax code (or even other County). • Significant potential impact if rental office for heavy HB 4080 Relating to connection to federal tax law; Updates connection date to federal Rep.FAHEY Revenue prescribing an effective date. Internal Revenue Code and other provisions of federal tax law. HB 4082 Relating to the Juvenile Justice Directs Oregon Youth Authority to Rep.BARKER, Rep.PILUSO, By Representative GREENLICK, KENY- Public Safety Information System; declaring an administer Juvenile Justice Information Sen.PROZANSKI GUYER, OLSON, POWER, SANCHEZ, emergency. System in partnership with county SOLLMAN, VIAL, WITT, By Senator iuvenile cleciartments. STEINER HAYWARD HB 4083 Relating to short line railroads. Creates tax credit for short line railroad Rep.MEEK, Rep.OLSON, Rep.WITT By Representative EVANS, LIVELY, Rail Transoprt rehabilitation projects. NOBLE, WILSON, By Senator GIROD HB 4084 Relating to charity care provided by Requires hospitals, no later than January Rep.GREENLICK By Representative KENY-GUYER, LIVELY, Revenue; taxation hospitals; declaring an emergency. 1, 2019, to have charity care policy MALSTROM, MCLAIN, PILUSO, POWER, written in plain language and provided REARDON, SALINAS, SANCHEZ upon admission and with every billing or notice of amount owed to hospital by patient. 2/8/2018 7of21 HB 4085 Relating to judgments. Requires court to award attorney fees, Rep.POWER By Representative GREENLICK, Courts costs and necessary disbursements to HERNANDEZ, NOSSE tenant prevailing in action arising under rental agreement or landlord -tenant law. HB 4086 Relating to building codes Removes requirement that building House Interim Committee on Business Construction inspector for municipality be employee and Labor of munici alit . HB 4089 Relating to industrial hemp; declaring an Gives hemp research program currently Rep.MCLAIN, Sen.PROZANSKI, By Representative BARRETO, ESQUIVEL, Hemp CDD: Monitor this bill for amendments. emergency. operated by State Department of Rep.WILSON GOMBERG, HELFRICH, HELM, LEWIS, Agriculture name of Oregon Industrial MCKEOWN, OLSON, POWER, RESCHKE, Hemp Agricultural Pilot Research SALINAS, SMITH DB, SPRENGER, STARK, Program. WHISNANT, WITT, By Senator BAERTSCHIGER JR, DEBOER, DEMBROW, FREDERICK, GIROD, HANSELL, JOHNSON, KRUSE, MANNING JR HB 4090 Relating to regional foodstuff supplies. Establishes Oregon Strategic Resiliency Rep.EVANS By Representative BARKER, ESQUIVEL, Emergencty Commission. GOMBERG, HOLVEY, MCLAIN, MEEK, Preparedness NOSSE, SMITH DB, SOLLMAN, WITT, By Senator FREDERICK, MANNING JR HB 4092 Relating to state airports. Establishes standards for expansion of Sen.GIROD, Rep.LEWIS, Rep.VIAL By Representative BARRETO, BOONE, Land Use CDD: Aimed at the Aurora airport in Clackamas County. No state airport on land zoned for exclusive DOHERTY, ESQUIVEL, EVANS, HELFRICH, impact on CDD. farm use. LIVELY, MCKEOWN, MEEK, NEARMAN, NOBLE, OLSON, POST, RESCHKE, SOLLMAN, STARK, WHISNANT, WILSON, WITT, By Senator BENTZ, BEYER, BOQUIST, ROBLAN, THOMSEN HB 4094 Relating to courts. Directs Oregon Association for Court House Interim Committee on Judiciary Courts Administration, rather than League of Oregon Cities and Association of Oregon Counties, to report to Legislative Fiscal Officer information relating to caseload, revenues and expenditures of municipal courts and justice courts. HB 4096 Relating to judicial salaries Modifies annual salaries of judges of at the request of Chief Justice Thomas A. Courts Supreme Court, Court of Appeals, Balmer for Judicial Department, Oregon Oregon Tax Court and circuit courts. Circuit Court Judges Association 2/8/2018 8of21 HB 4097 Relating to legal resources. Modifies provisions relating to law at the request of Chief Justice Thomas A. Courts; county libraries and law library services provided Balmer for Judicial Department facilities b counties. HB 4098 Relating to veterans; prescribing an Directs Department of Veterans' Affairs Sen.BOQUIST, Rep.EVANS, By Representative FAHEY, GREENLICK, Veterans' Services effective date. to develop written material regarding Rep.MCKEOWN, Rep.MEEK KENY-GUYER, LEWIS, LIVELY, NOBLE, apprenticeship opportunities and provide PILUSO, SANCHEZ, SOLLMAN, WITT material to certain agencies, county veterans' service officers and veterans' organizations for distribution to veterans. HB 4099 Relating to motorboats. Prohibits person from operating Rep.POWER, Rep.VIAL By Representative HELM, KENNEMER Motorboat motorboat with wake -enhancing device Regulations between river mile 30 and river mile 50 on Willamette River. HB 4100 Relating to the siting of facilities that Allows facility providing therapy or Sen.LINTHICUM, Rep.STARK By Representative POWER, SMITH DB, Land Use CDD: This bill stems from a Deschutes County landowner, incorporate nonclinical treatment counseling that incorporates activities SPRENGER, WITT, By Senator who has a conditional use permit (CUP) for equine therapy, settings. utilizing nonclinical setting to be BAERTSCHIGER 1R to amend state law to allow equine therapy land uses to be established in area zoned for exclusive permitted in a more streamlined land use process across farm use if certain conditions are met. the state and without a CUP in the EFU zone. No/minimal impact to CDD. HB 4108 Relating to tax incentives for affordable Allows credit against net income taxes Sen.HANSELL, Sen.KRUSE, Sen.ROBLAN, By Representative ESQUIVEL, Housing housing; prescribing an effective date. for portion of eligible costs of newly Rep.SMITH DB KENNEMER, NOBLE, OLSON, POWER, constructed single-family dwelling that STARK, VIAL, WILSON, WITT, By Senator sells for price affordable to household BEYER, JOHNSON, KNOPP, OLSEN, with annual income at or below 120 THOMSEN percent of area median income. HB 4109 Relating to carbon sequestration. Directs Department of Environmental Sen.ROBLAN, Rep.SMITH DB By Representative BARRETO, NOBLE, Energy Quality and State Forestry Department to OLSON, SPRENGER, STARK, WITT study opportunities for state actions to promote carbon sequestration and to include in study consideration of regional approaches for reducing greenhouse gas emissions through carbon sequestration. HB 4110 Relating to marijuana licensees; declaring Allows Oregon Liquor Control Rep.FAHEY, Rep.HELM By Representative MARSH Marijuana CDD: AOC is recommending that the bill be opposed an emergency. Commission to issue temporary special outright or opposed unless amended to add local opt in and events license to qualified marijuana local time, place, and manner authority. DCHS: Oregon processor, producer, retailer or Conference of Local Health Officials (CLHO) currently lists wholesaler. this bill as a priority 2 "Oppose unless amended." Recommend Oppose/Oppose/Priority 2/8/2018 9of21 HB 4111 Relating to documents issued by the Describes fees required when person is Rep.WILSON, Rep.WITT By Representative ALONSO LEON, Transportation Department of Transportation. applying to replace or renew current GREENLICK, SANCHEZ, SOLLMAN driver license with Real ID compliant driver license or is applying for new original driver license that is Real ID compliant. HB 4112 Relating to payments under the Public Directs Public Employees Retirement Rep.LIVELY, Rep.NOBLE, Rep.VIAL By Representative BARKER, BARRETO, PERS Employees Retirement System subject to Board to initiate, resume or suspend BYNUM, GORSEK, KENNEMER, PILUSO, Oregon personal income tax; prescribing payment of certain increased benefits WILSON, By Senator BAERTSCHIGER JR, an effective date. under Public Employees Retirement BOQUIST, MONROE, RILEY, ROBLAN, System on first day of calendar quarter THOMSEN following receipt of notice by board that benefit payments are or are not subject to Oregon personal income tax. HB 4115 Relating to the retirement benefits of Prohibits statewide elected official, judge Rep.BUEHLER, Rep.NOBLE By Representative BARRETO, ESQUIVEL, PERS state officers; declaring an emergency. of Supreme Court or Court of Appeals or HELFRICH, LEWIS, NEARMAN, POST, legislator from becoming member of RESCHKE, SMITH DB, SOLLMAN, STARK, Public Employees Retirement System on VIAL, WHISNANT, WILSON, By Senator or after July 1, 2018, for purpose of BOQUIST, JOHNSON service as statewide elected official, judge or legislator. HB 4116 Relating to the offense of driving a motor Modifies exceptions and affirmative Rep.NOBLE, Sen.PROZANSKI By Representative BARKER, BARRETO, Public Safety vehicle while using a mobile electronic defenses to offense of driving a motor ESQUIVEL, HELFRICH, LEWIS, NEARMAN, device; prescribing an effective date. vehicle while using a mobile electronic OLSON, RESCHKE, SMITH DB, SOLLMAN, device. STARK, VIAL, WHISNANT, WITT, By Senator BOQUIST HB 4117 Relating to the calculation of Local Increases amounts of moneys received Rep.SMITH WARNER By Representative DOHERTY, Revenue Revenues for the purpose of State School by school districts that are not HERNANDEZ, LIVELY, By Senator Fund calculations; prescribing an considered Local Revenues for purposes MONROE effective date. of State School Fund calculations. HB 4118 Relating to projects on federal lands; Requires Governor to review terms of Rep.BONHAM, Rep.SMITH DB By Representative WILSON Land Use declaring an emergency. Good Neighbor Authority Agreement. 2/8/2018 10 of 21 HB 4120 Relating to transient lodging taxes; Expands definition of "transient lodging Rep.MARSH By Representative GOMBERG, NOSSE, Transient Lodging prescribing an effective date. intermediary" to include person that SMITH DB, VIAL, By Senator DEBOER, collects consideration for occupancy of JOHNSON transient lodging and person that receives fee or commission and requires transient lodging provider to use specified third -party entity to collect consideration for occupancy of transient lodging. HB 4121 Relating to Housing and Community Requires Housing and Community Rep.MARSH By Representative KENY-GUYER, NOBLE, Housing; energy Services Department programs; declaring Services Department to establish and OLSON, SANCHEZ, By Senator BOQUIST an emergency. administer program that provides incentive payments to construction contractors undertaking energy improvement projects on residential structures and provides grants for energy improvement projects for manufactured HB 4122 Relating to the status in the Public Allows certain police officers Representatives GORSEK, PILUSO Representatives BARKER, GREENLICK, PERS Employees Retirement System of police commissioned by Oregon Health and SANCHEZ, WITT officers commissioned by universities. Science University to elect to discontinue participation in alternative requirement program and elect to participate in Public Employees Retirement System for purposes of service performed as police officer commissioned by Oregon Health and Science University on and after date of election. HB 4123 Relating to coverage of family members Permits duplicate health benefit plan Rep.GORSEK By Representative DOHERTY, MCLAIN PEBB under state-sponsored health benefit coverage for public employees who begin plans; prescribing an effective date. employment before January 1, 2020. 2/8/2018 11 of 21 HB 4124 Relating to remanded land use decisions; Allows county governing body, upon Rep.HEARD, Sen.JOHNSON, Sen.ROBLAN, By Representative ESQUIVEL, REARDON, Land Use CDD: Minimal impact to CDD. Provides the Board discretion declaring an emergency. remand of matter from Land Use Board Rep.SMITH DB, Rep.WITT SANCHEZ, SOLLMAN, STARK, WILSON, By on plan amendments pertaining to Comprehensive Plan of Appeals to county, to have planning Senator BAERTSCHIGER JR, BOQUIST, amendments related to agriculture and forest designated commission or hearings officer conduct OLSEN, THOMSEN lands. The discretion is whether to allow the hearings hearing and make decision regarding officer decision to be the County's final decision on LUBA lands designated under statewide remands, but does not require it. Bill stems from Polk planning goal addressing agricultural County. New county commissioners do not want to address lands or forestlands. remand issues that prior commissioners previously decided. Recommend Support. HB 4126 Relating to household hazardous waste; Establishes product stewardship program Rep.KENY-GUYER, Rep.MCLAIN, By Representative FAHEY, GREENLICK, Hazardous Waste Solid Waste: Product stewardship programs have resuled declaring an emergency. for household hazardous waste. Rep.SOLLMAN, Rep.VIAL HELM, HERNANDEZ, MALSTROM, in cost savings to local governments. The Department of MARSH, NOSSE, POWER, SALINAS, Solid Waste expends over $200,000 per year on household SANCHEZ, WITT, By Senator DEMBROW, hazardous waste management and disposal. Recommend GELSER, MANNING JR, PROZANSKI, Support. RILEY, TAYLOR HB 4127 Relating to a consultant selection process Permits contracting agency, in Sen.BOQUIST, Rep.BYNUM, Rep.MCLAIN, By Representative ALONSO LEON, Procurement for a public contract for certain services; conducting procurement for Sen.STEINER HAYWARD, Rep.VIAL GREENLICK, HELM, LIVELY, NOBLE, prescribing an effective date. architectural, engineering, OLSON, SOLLMAN, WHISNANT, By photogrammetric mapping, Senator HANSELL, MANNING JR, transportation planning and land MONROE, RILEY, TAYLOR surveying services, to consider pricing policies, proposals and other pricing information along with prospective consultant's qualifications in specified circumstances. HB 4128 Relating to certification requirements for Permits disadvantaged business Representatives BYNUM, KENNEMER Representatives ALONSO LEON, Public Contracting certain classes of businesses; prescribing enterprise, minority-owned business, GREENLICK, POWER, REARDON, and Procurement an effective date. woman -owned business, business that SANCHEZ service -disabled veteran owns or emerging small business to retain certification despite exceeding applicable cap on gross receipts if enterprise or business subcontracts to another certified enterprise or business not less than 20 percent of subcontract in which enterprise or business participates as required participant, enters into mentor relationship with other enterprise or business and otherwise remains eligible for certification. 2/8/2018 12 of 21 HB 4131 Relating to public employee retirement. Provides that member of Public Rep.NEARMAN PERS Employees Retirement System may not accrue pension benefits for future service. HB 4133 Relating to Maternal Mortality and Establishes Maternal Mortality and Rep Bynum; Rep Hernandez; Rep Keny- Healthcare DCHS: Oregon Conference of Local Health Officials (CLHO) Morbidity Review Committee; Morbidity Review Committee to conduct Guyer; Rep Marsh; Rep Noble; Rep currently lists this bill as a priority 2 "Support." Recommend prescribing an effective date. studies and reviews of incidence of Power; Rep Salinas; Rep Sanchez; Rep Support/Priority 3. maternal mortality and severe maternal Smith DB; Sen Dembrow; Sen Frederick; morbidity. Sen Monnes Anderson; Sen Roblan; Sen Steiner Hayward (Precession filed) HB 4134 Relating to real property; declaring an Provides specific procedure for Rep.FAHEY, Sen.FREDERICK, Rep.KENY- By Representative ALONSO LEON, Housing emergency. petitioning for removal of personally GUYER, Rep.MEEK, Rep.VIAL BYNUM, GREENLICK, HERNANDEZ, discriminatory restrictions from title of NOBLE, PILUSO, POWER, REARDON, real property. SALINAS, SANCHEZ, SMITH DB, WITT, By Senator GELSER, MANNING JR, WINTERS HB 4136 Relating to health care. Requires coordinated care organizations Rep.BUEHLER Healthcare to annually report to Oregon Health Authority specified financial information. HB 4137 Relating to addiction recovery; declaring Requires Alcohol and Drug Policy Rep.SANCHEZ Healthcare DCHS: Oregon Conference of Local Health Officials (CLHO) an emergency. Commission to report to interim currently lists this bill as a priority 2 "Support with committees of Legislative Assembly, no amendments". Recommend Support/Priority 2. later than September 15, 2018, its comprehensive addiction, prevention, treatment n r covery olan. HB 4139 Relating to the taxation of certain heavy Imposes tax on rental price of Rep.BARRETO, Rep.MCKEOWN By Representative BUEHLER, MARSH, Construction equipment; prescribing an effective date. construction, mining, earthmoving or NOSSE, POST, SMITH DB, SMITH industrial equipment, together with WARNER attachments and other equipment and tools, that is mobile and held primarily for rental. HB 4143 Relating to drugs Requires Director of Department of at the request of Governor Kate Brown Healthcare DCHS: Oregon Conference of Local Health Officials (CLHO) Consumer and Business Services to study currently lists this bill as a priority 2 "Support." Recommend barriers to medication assisted Support/Priority 3. treatment for substance use disorders, including addictions to opioids and opiates, and to report and make recommendations to Legislative Assembly not later than June 30, 2018. 2/8/2018 13 of 21 HB 4144 Relating to contractors. Allows applicant for construction at the request of Governor Kate Brown Construction CDD: Seeking comments from Building Official. contractor license with residential general contractor or residential specialty contractor endorsement who has specified amount of experience in construction -related activities on residential or small commercial structures to obtain license and endorsement without meeting contractor training requirements or paying fees to Construction Contractors HB 4145 Relating to firearms. Modifies definitions relating to at the request of Governor Kate Brown Public Safety relationship status that pertain to types of court orders and misdemeanor convictions that cause person to be prohibited from possessing firearms. HB 4146 Relating to health; prescribing an Transfers $7 million from Tobacco Rep Hayden; Rep Parrish (Precession Healthcare DCHS: Oregon Conference of Local Health Officials (CLHO) effective date; providing for revenue Master Settlement Agreement to Health filed) currently lists this bill as a priority 2 "Support with raising that requires approval by a three- System Fund to pay for Oregon amendments" fifths ma'orit . Reinsurance Program. HB 4148 Relating to the State Department of Establishes Oregon Energy Board as Sen.DEMBROW, Rep.HELM, Rep.HOLVEY By Representative GREENLICK, KENY- Energy Energy; prescribing an effective date. advisory body for State Department of GUYER, LIVELY, MARSH, REARDON, By Energv. Senator PROZANSKI HB 4149 Relating to prohibited provisions in Prohibits prosecuting attorney from Sen.MANNING JR, Rep.WILLIAMSON By Representative GREENLICK, Public Safety criminal action agreements. conditioning plea offer or release on HERNANDEZ, HOLVEY, MALSTROM, defendant's waiver of specified rights, MCLAIN, NOSSE, POWER, RAYFIELD, eligibilities and legal challenges. SALINAS, SANCHEZ HB 4151 Relating to bulk purchasing of Requires state agencies that purchase Rep.GREENLICK, Rep.SALINAS By Representative SANCHEZ, SOLLMAN, Healthcare prescription drugs. prescription drugs and Public Employees' WITT Benefit Board, Oregon Educators Benefit Board, Public Employees Retirement System and Oregon Health and Science University to purchase prescription drugs through Oregon Prescription Drug Program. 2/8/2018 14 of 21 HB 4152 Relating to wildfires; declaring an Requires Office of Emergency Rep.HELFRICH, Sen.THOMSEN Monitor Only emergency. Management to issue grants to sheriffs' offices of Multnomah County and Hood River County for expenses related to wildfire recovery, mitigation and preparedness. HJR 201 Proposing amendment to Oregon Proposes amendment to Oregon at the request of House Interim Housing Constitution relating to affordable Constitution to allow municipal Committee on Human Services and housing. corporations to use certain bonded Housing indebtedness to finance capital costs of affordable housing, with certain limitations. HJR 202 Proposing amendment to Oregon Proposes amendment to Oregon at the request of House Interim Housing Constitution relating to affordable Constitution to allow state to incur Committee on Human Services and housing. general obligation indebtedness to Housing finance costs associated with acquiring, improving, constructing, developing, remodeling, repairing, equipping or furnishing real or personal property, or planning therefor, or issuing grants or loans, in order to maintain or increase availability of affordable housing in this state. HJR 203 Proposing amendment to Oregon Proposes amendment to Oregon Sen.BEYER, Rep.GREENLICK, By Representative ALONSO LEON, Healthcare Constitution relating to obligation of Constitution establishing obligation of Sen.MONNES ANDERSON, Sen.STEINER BARNHART, BOONE, EVANS, FAHEY, state to ensure access to health care. state to ensure every resident of state HAYWARD GOMBERG, GORSEK, HELM, access to effective, medically appropriate HERNANDEZ, HOLVEY, KENY-GUYER, and affordable health care. KOTEK, LIVELY, MALSTROM, MARSH, MCLAIN, MEEK, NATHANSON, NOSSE, PILUSO, POWER, RAYFIELD, REARDON, SALINAS, SANCHEZ, SMITH WARNER, SOLLMAN, WILLIAMSON, WITT, By Senator DEMBROW, FREDERICK, MANNING JR, MONROE, PROZANSKI, RILEY, TAYLOR HJR 204 Proposing amendment to Oregon Proposes amendment to Oregon Rep.HEARD Elections Constitution establishing Oregon Citizens Constitution establishing Oregon Citizens Redistricting Commission. Redistricting Commission to enact redistricting plans for state Senate and state House of Representatives. 2/8/2018 15 of 21 SB 1502 Relating to land use in counties located Allows county in eastern Oregon with Senator COURTNEY, HANSELL Land Use CDD: Deschutes County is not included in the bill. Starting in eastern Oregon with populations population of less than 50,000 to point for discussions for an interim work group and possible under 50,000. approve land use applications on certain 2019 legislation. Not likely that a bill will pass this session, nonresource lands for certain industrial but a hearing may occur. Need Board decision as to or commercial uses that are inconsistent whether to participate/lobby for the bill to include with zoning of such nonresource lands. Deschutes County this session or next. AOC: Recommend indicating support for the bill to Senator Bentz. BOARD: Support. SB 1507 Relating to greenhouse gas emissions Requires Environmental Quality at the request of Senate Interim Energy Commission to adopt by rule program Committee on Environment and Natural that places cap on greenhouse gas Resources emissions and that provides market- based mechanism for covered entities to demonstrate mlin SB 1508 Relating to fees on air contamination Requires Environmental Quality at the request of Senate Interim Energy sources Commission to establish fee applicable to Committee on Environment and Natural certain air contamination sources to Resources cover direct and indirect costs of Department of Environmental Quality and commission in developing and implementing a program and rules to reduce public health risks of emissions of toxic air contaminants from industrial and commercial air contamination sources. SB 1509 Relating to vehicle idling. Provides additional exception to at the request of Senate Interim Energy prohibition on commercial vehicle idling. Committee on Environment and Natural Resources SB 1510 Relating to elections Clarifies timing for filing statement of at the request of Senate Interim Elections CLERK: Clerks oppose increase. Current examples when contribution or expenditure. Committee on Rules and Executive recording fees become to expensive constituents go Appointments elsewhere (MERS, city lien dockets, recent attempts for state registry) or do not record statutorily required documents. ["MERS effect" could have significant negative impact on the public records of real property transactions]. Recommend Oppose/Priority 2. 2/8/2018 16 of 21 SB 1511 Relating to disclosure of economic Requires major politial party candidate at the request of Senate Interim Elections information for candidates for federal for President or Vice President of United Committee on Rules and Executive office. States, in order to appear on primary or Appointments general election ballot and voters' pamphlet, either to provide Secretary of State with copy of candidate's federal income tax return for most recent year and with written consent for public disclosure of tax return or to complete and submit statement of economic interest. SB 1512 Relating to the Agreement Among the Enacts Interstate Compact for Agreement at the request of Senate Interim Elections States to Elect the President by National Among the States to Elect the President Committee on Rules Popular Vote; providing that this Act by National Popular Vote. Refers Act to shall be referred to the people for their people for their approval or rejection at approval or rejection. next general election held throughout this SB 1514 Establishes periodic sunset review of Legislative Process / state boards, commissions, committees, Administrative task forces and other executive Rules department entities that meet certain criteria. SB 1515 Relating to children's service districts. Authorizes formation of children's Sen.RILEY Revenue service districts. SB 1519 Relating to State Department of Energy; Creates Oregon Energy Commission as Sen.OLSEN Energy declaring an emergency. policy and rulemaking body for State Department of Energy. SB 1523 Relating to apportionment of income for Extends sunset for modified method of Sen.BURDICK, Rep.NOSSE, Sen.THOMSEN By Representative WHISNANT, By Revenue interstate broadcasters; prescribing an apportionment of business income of Senator RILEY effective date. interstate broadcaster for purposes of corporate excise taxation. SB 1524 Relating to mandatory union payments Prohibits union security agreements Sen.KRUSE Collective for public employees; declaring an between public employer and union. Bargaining emergency. 2/8/2018 17 of 21 SB 1526 Relating to the parental rights of Prohibits court from considering parent's at the request of Senate Interim Public Safety individuals with disabilities disability in determining whether to Committee on Human Services terminate parental rights absent finding that behaviors or limitations related to parent's disability will endanger health, safety or welfare of child or ward even when accommodations or support services are in place. SB 1529 Relating to connection to federal tax law Updates connection date to federal at the request of Senate Interim Revenue Internal Revenue Code and other Committee on Finance and Revenue provisions of federal tax law. SB 1531 Relating to law enforcement officers. Requires law enforcement officers to Sen.FREDERICK, Sen.MANNING JR, By Representative KENNEMER, SANCHEZ, Public Safety meet with mental health professional. Rep.PILUSO By Senator BURDICK, DEM BROW, GELSER, MONNES ANDERSON, MONROE, RILEY, STEINER HAYWARD SB 1533 Relating to the siting of facilities that Allows facility providing therapy or at the request of Senate Interim Land Use CDD: This bill stems from a Deschutes County landowner, incorporate nonclinical treatment counseling that incorporates activities Committee on Workforce who has a conditional use permit (CUP) for equine therapy, settings. utilizing nonclinical setting to be to amend state law to allow equine therapy land uses to be established in area zoned for exclusive permitted in a more streamlined land use process across farm use if certain conditions are met. the state and without a CUP in the EFU zone. No/minimal impact to CDD. SB 1535 Relating to methods for calculating a Prescribes method for calculating weekly at the request of Senate Interim Labor and worker's weekly wage for the purpose of wage for workers in order to determine Committee on Workforce Employment paying benefits for temporary total benefits payable for temporary total disability; declaring an emergency. disability under workers' compensation law. SB 1536 Relating to mass transit districts. Provides that directors of certain mass at the request of Senate Interim Transportation; transit districts be appointed by Committee on Business and Tansit Governor instead of elected. Transportation SB 1537 Relating to State Department of Energy Establishes Oregon Energy Commission at the request of Senate Interim Energy as policy and rulemaking body for State Committee on Business and Department of Energy. Transportation SB 1538 Relating to driving privileges. Eliminates probationary driver permits. at the request of Senate Interim Public Safety Committee on Business and Transportation SB 1540 Relating to abuse of vulnerable Modifies definition of child abuse for Sen.GELSER, Rep.POST Public Safety individuals; declaring an emergency purpose of mandatory reporting. 2/8/2018 18 of 21 SB 1541 Relating to toxic air contaminants; Authorizes Environmental Quality Sen.GIROD, Sen.ROBLAN, Sen.WINTERS, Energy and declaring an emergency. Commission to adopt program and rules Rep.WITT Environment to reduce public health risks of emissions of toxic air contaminants from industrial and commercial air contamination sources. SB 1543 Relating to public safety. Directs Attorney General to include, on at the request of Senate Interim Public Safety batterers' intervention program Committee on Judiciary standards advisory committee, psychologist or psychiatrist with relevant experience. SB 1544 Relating to marijuana. Removes height limitation on immature at the request of Senate Interim Marijuana CDD: Potentially a very big change to medical marijuana marijuana plants produced for medical Committee on Judiciary grow sites. Need to track all marijuana bills for potential purposes. amendments to TPM regulations. SB 1545 Relating to assessments for state court Provides for cost of providing state court at the request of Chief Justice Thomas A. Courts technology services technology services to state agencies to Balmer for Judicial Department be assessed against agencies beginning July 1 2019. SB 1546 Relating to judges Allows creditable service performed by at the request of Chief Justice Thomas A. Courts judge member of Public Employees Balmer for Judicial Department Retirement System to count toward hours of service required for vesting in pension program of Oregon Public Service Retirement Plan. SB 1552 Relating to utility regulation; declaring an Specifies that public utility that makes Sen.BAERTSCHIGER JR, Sen.LINTHICUM By Senator BOQUIST, GIROD, KRUSE, Energy; Public emergency. sales of electricity may not establish rate THOMSEN Utilities for any service that provides public utility with rate of return that exceeds 4.5 ercent. SB 1555 Relating to the Oregon Marijuana Modifies purposes for which certain Rep.RAYFIELD, Sen.STEINER HAYWARD By Senator BURDICK, DEBOER Marijuana Account; declaring an emergency. percentage of moneys in Oregon Mari'uana Account may be used. 2/8/2018 19 of 21 SB 1556 Relating to trust deeds; declaring an Prohibits county from bringing claim or Sen.HANSELL By Representative BARKER, BARRETO, Housing; MERS CLERK: Bill introduced on behalf of the Oregon Bankers emergency. action against person if claim or action is BYNUM, EVANS, KENNEMER, LIVELY, Association/Community Banks of Oregon. AOC based on statement in trust deed that OLSON, SMITH DB, WILSON, WITT, By recommends opposition. Nancy Blankenship has provided nominee or agent of lender is grantee or Senator BAERTSCHIGER JR, BEYER, background information and concerns to central Oregon beneficiary, based on county's recording BURDICK, GIROD, JOHNSON, KNOPP, legislative delegation, including the fact the MERS fails to or indexing instrument that states that MONROE, ROBLAN, THOMSEN comply with Oregon recording law, has obfuscated Oregon nominee or agent of lender is grantee or real property records, contributed to confusion in the beneficiary or based on person's having courts during the recent foreclosure crisis, denies state and obtained or transferred interest in trust counties of vital recording fees, and poses risks if MERS deed by means of instrument that was were to fall into bankruptcy. Washington County has sent a executed or delivered to person but was letter of opposition to its local delegation as well. not recorded in county's deeds and mortgages records or in county's County Clerk Lien Record. Prohibits county clerk from charging or collecting fee for instrument that transfers interest in trust deed and that was executed and delivered to person but was not presented for recording. SB 1558 Relating to changes to water uses. Identifies water use purposes for which Sen.KNOPP Land Use CDD: The bill stems from the Tumalo Irrigation District. certain processes for transferring or Board & CDD/Legal should evaluate if the Board's taking a changing water use subject to transfer position on this bill could impact its ability to hear KCDG are applicable, including use for purpose water ski lake appeals. of storage in reservoir. SB 1559 Relating to protected activities of public Directs state agencies to establish Sen.WINTERS Labor and employees. procedure for employees to Employment anonymously disclose certain information. Requires Department of Justice to establish mandatory training program regarding whistleblowing activities in this state. SB 1560 Relating to wildfire suppression. Allows State Forester to order use of Sen.BAERTSCHIGER JR, Rep.HEARD, By Representative BARRETO, BONHAM, Land Use wildfire suppression personnel, Sen.JOHNSON, Sen.LINTHICUM, ESQUIVEL, NOBLE, OLSON, POST, equipment and services on any lands Rep.SMITH DB, Rep.WITT RESCHKE, SPRENGER, STARK, within state borders. WHISNANT, WILSON, By Senator BENTZ, BOQUIST, DEBOER, GIROD, KRUSE, OLSEN, ROBLAN, THOMSEN 2/8/2018 20 of 21 SB 1561 Relating to reducing state government Directs Public Employees Retirement Sen.WINTERS By Senator BAERTSCHIGER JR, BOQUIST, PERS costs; declaring an emergency. Board to establish member pension DEBOER, GIROD, KRUSE, LINTHICUM, contribution account for certain THOMSEN employee contributions of member of Public Em to ees Retirement System. SB 1562 Relating to strangulation. Provides that person commits crime of Rep.PILUSO, Rep.SALINAS, Rep.STARK, By Representative BARKER, OLSON, By Public Safety strangulation if person knowingly Sen.TAYLOR Senator GELSER, KNOPP, STEINER impedes normal breathing or circulation HAYWARD of another person by applying pressure to chest of other person. SB 1564 Relating to distilled liquor tasting rooms. Allows distillery licensee to apply for Sen.BEYER Land Use CDD: This would allow rural distilleries, such as the Bend tasting room permit. Distillary between Bend and Sisters, to apply for such a permit. It effectively treats distilleries the same as wineries for tasting rooms. This bill should require compliance with local land use regulations. Minimal impact to CDD. SB 1565 Relating to methods of public Requires Attorney General, Director of at the request of Governor Kate Brown Procurement procurement Oregon Department of Administrative Services and Director of Transportation to cooperate in adopting rules for electronic procurement system. SB 1566 Relating to employer contributions to the Establishes Employer Incentive Fund. at the request of Governor Kate Brown PERS FINANCE: SB 1566 is the Governor's bill that establishes an Public Employees Retirement System employer incentive fund to encourage local governments to pay down their unfunded liability with PERS by paying additiional funds to PERS and establishing a side account. The concept is to capitalize such a fund at the state and match local governments payments to PERS at 25%. It is not clear that the County will benefit from this bill because of its size and the fact that its unfunded liability is a lower % of payroll than many other local governments, but it is possible, so recommend being supportive. SJR 201 Proposing amendment to Oregon Proposes amendment to Oregon Sen.WINTERS Senator BAERTSCHIGER JR, BOQUIST, Legislative Process / Constitution relating to bills for raising Constitution to broaden definition of bills DEBOER, GIROD, KRUSE, LINTHICUM, Administrative revenue. that raise revenue and thus require OLSEN, THOMSEN Rules supermajority of both chambers. Defines "raising revenue" to include increases in any tax or fee, including bills that modify or eliminate exemptions, credits, deductions or lower rates of taxation. 2/8/2018 21 of 21