2018-126-Minutes for Meeting March 14,2018 Recorded 4/5/2018ES
C�G
BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
9:00 AM
Recorded in Deschutes County
CJ2018-126
Nancy Blankenship, County Clerk
Commissioners' Journal 04/05/2018 9:03:25 AM
121011111111111111111111111111111
FOR RECORDING STAMP ONLY
BUSINESS MEETING MINUTES
WEDNESDAY, March 14, 2018 BARNES AND SAWYER ROOM
Present were Commissioners Tammy Baney, Phil Henderson and Anthony DeBone. Also present were
Tom Anderson, County Administrator; David Doyle, County Counsel; and Sharon Ross, Board Executive
Assistant, Erik Kropp, Deputy County Administrator was present at 9:40 a.m. Several representatives of
the media were in attendance.
CALL TO ORDER: Chair DeBone called the meeting to order at 9:05 a.m.
PLEDGE OF ALLEGIANCE
CITIZEN INPUT: None was offered.
CONSENT AGE A:
Before the Board was Consideration of Approval of the consent agenda. Commissioner
DeBone requested to pull Item #2. Commissioner Baney requested to pull Items 6 & 7.
Commissioner Henderson proposed to pull Items 9 & 11.
BANEY: Move approval of Consent Agenda Items 1, 3, 4, 5, 8, 10, and 12.
HENDERSON:Second,
VOTE: BANEY: Yes.
HENDERSON:Yes.
DEBONE: Chair votes yes. Motion carried,
PAGE 1 OF 7
Consent Agenda Items:
1. Consideration of Board Signatures on Letters Appointing Allen Hammerman,
Elizabeth Johnson, and Matthew Flautt to the Noxious Weed Advisory Board.
2. Consideration of Board Signatures on Letters Re -Appointing Nancy Gilbert, Chuck
Newport, Rick Wright, Clair Kunkel, Chris Converse, and Chuck Arnold to the Upper
Deschutes Watershed Council
3. Consideration of Board Signatures on Letters ReAppointing Sharon Leighty and Bill
Olsen to the Deschutes County Historical Landmarks Commission
4. Approval of Minutes of the January 30, 2018 Board Retreat
5. Approval of Minutes of the February 5, 2018 Work Session
6. Approval of Minutes of the February 7, 2018 Business Meeting
7. Approval of Minutes of the February 7, 2018 Work Session
8. Approval of Minutes of the February 14, 2018 Business Meeting
9. Approval of Minutes of the February 14, 2018 Work Session
10. Approval of Minutes of the February 21, 2018 Work Session
11. Approval of Minutes of the February 26, 2018 Business Meeting
12. Approval of Minutes of the February 26, 2018 Work Session
ACTION ITEMS:
Consent Agenda Item #2 as pulled for discussion: Consideratisn sf 3oard Signatures on
Letters Re -Appointing Nancy Gilbert, Chuck Newport, dick Wright, Clair Kunkel® Chris
Cnv rse, and Chuck Arnold tc. the Upper Deschutes Watershed Cuncil
Commissioner DeBone asked to pull this item to review. Commissioner Baney reviewed
the history and purpose of the committee and requested to hold this item. Commissioner
Henderson asked for a report from the committee to understand the responsibilities. This
item will be pulled for further consideration.
PAGE 2 OF 7
13. Consideration of Board Signature of Document N.. 2018-008, an Order for the
Sale of Real Property Acquired by Deschutes County through Tax Foreclosure
James Lewis, Property Manager presented this item for consideration and explained
the process of the May 17 property auction. Mr. Lewis had reviewed the option of
allowing several of the properties for donation for affordable housing. Mr. Lewis
explained the process of high groundwater issues creating a non -developable
property on some of the properties. County Administrator Anderson spoke on the
efforts of Goal 11 work previously undertaken by the County. Commissioner
DeBone spoke on vector control work done and fuels reduction requirements on
the parcels. Commissioner Baney appreciated the land donation option reviewed
with Habitat for Humanity. Mr. Lewis noted those properties could be pulled from
the auction to use for affordable housing and will continue the conversations with
Habitat for Humanity and will ask for a timeline for potential development.
Commissioner DeBone suggested a three-year timeline would be fine for
consideration of those properties.
HENDERSON: Move approval
BANEY: Second
VOTE: HENDERSON: Yes
BAN EY: Yes
DEBONE: Chair votes yes. Motion Carried
14. Consideration of roard Signature of Dcument Nig 201-130, Option
Agra -em nt with Casc ode Divide Colo, Inc.
James Lewis, Property Manager reviewed this item for consideration for the sale of
two industrial lots in La Pine. Discussion held on development and land pricing.
BANEY: Move approval
HENDERSON: Second
VOTE: BANEY: Yes
HENDERSON: Yes
DEBONE: Chair votes yes. Motion Carried
PAGE 3 OF 7
15. Considerati •=n of Board Signature of Document Noo 2018-131 and Document
No. 2018-132, Approval and Acceptance of Bargain and Sale Deeds Relative to
the Demolition Landfill Sale
James Lewis, Property Manager presented this item for consideration to finalize the
lot line adjustment for the property sale of the demolition landfill to Oregon State
University. Commissioner DeBone reviewed the history of the urban growth
boundary.
BAN EY: Move approval
HENDERSON: Second
VOTE: BAN EY: Yes
HENDERSON: Yes
DEBONE: Chair votes yes. Motion Carried
16, Consideration of Burd Signature of DQacument No, 2018®107, PacificSEDurce
Coy All bids
County Administrator Anderson requested to postpone until a Health Department
staff representative would be present to review the item.
17. Board Deliberati n: Mazamas Et undation Pr 1posed Bed and reakfast Inn
nd Care pground
Anthony Raguine, Senior Planner, Community Development Department reviewed
the deliberation procedures for the Mazamas request for a Bed and Breakfast and
Campground. Mr. Raguine provided a decision matrix and site plan for the Board's
consideration and decision. Commissioner DeBone noted he had driven past the
proposed site for observation purposes.
Regarding the Issue Area 1 regarding the Bed & Breakfast limited to 8 Guests.
Commissioner Henderson expressed his feeling that the two separate uses of a bed
and breakfast and a campground are unnatural. Commissioner Baney commented
on uses in our County Code. Mr. Raguine reviewed the language. Commissioner
PAGE 4 OF 7
Baney would like to separate out the bed and breakfast section of the applications
and consider the campground as a separate, additional use. Mr. Raguine confirmed
there are two separate permit applications and reviewed the proposed use.
Commissioner Baney would like to separate the two uses. The code places the
limits on the overnight stays. Commissioner Baney noted she agrees with the
hearing's officer decision.
Commissioner Baney expressed her general position of being in favor of the bed
and breakfast but not in favor of the proposed campground in an otherwise
residential area. She spoke on the residential community concern and of the
beautiful pristine area of Smith Rock. Commissioner DeBone feels that the bed and
breakfast fit at this site, but due to capacity and density issues, the campground
does not fit. Commissioner Henderson is uncomfortable with the campsite aspect
and trying to place too many activities on the property. Commissioner Henderson is
also opposed to the requested setback exemptions.
Regarding Issue Area 2 regarding Harmonious Development. The community had
expressed concern with the campground use proposed for the property.
Commissioner DeBone expressed his concern that 20 campers is too much.
Commissioner Baney spoke on the size of the property and is sensitive to the
residential area. The potential impact of the scale that is being proposed does not
balance with the area.
Regarding Issue Area 3 regarding Traffic Impacts. The applicant provided a traffic
study including parking capacity. In terms of traffic, it appears to the Board that
there are no road improvements necessary to accommodate the bed and breakfast
use.
Regarding Issue Area 4 regarding Fire Hazard. The Board does not see any concerns
in light of new construction techniques.
Regarding Issue Area 5 regarding Rural Character. Mr. Raguine reviewed the
proposed campground use for site and design and operating characteristic. The
Board expressed that the overall impact are not compatible with the rural character
of the area.
Regarding Issue Area 6 regarding Rural Character Use of a screen fencing. Brief
discussion held on the proposed screening and fencing.
Regarding Issue Area 7 regarding Noise Impacts. Commissioner Henderson
commented on neighboring concerns and feels that the noise impacts from the
proposed use create non -compatibility. Commissioner Baney stated she has
general concerns and feels the impact would be unknown.
PAGE 5 OF 7
Regarding Issue Area 8 regarding Berms. This item was not addressed or discussed
as not relevant to approval criteria.
Regarding Issue Area 9 regarding Rural Character on tents. The Board noted
general denial based on the non -compatibility of the proposed campground.
Issue Area 10 and 11 were not addressed or discussed as not relevant to approval
criteria.
Regarding Issue Area 12 regarding Setback Waivers. The Board did not make a
finding on this issue despite a general discussion on buffering and screening.
The remaining Issue Areas were not addressed or discussed as not relevant to
approval criteria.
For clarity, the Board approved the Bed and Breakfast and denied the Campground.
Mr. Raguine also suggested clarification of the proposed parking and landscaping
design proposals. Commissioners Baney and DeBone noted they would be in favor
of the applicant further addressing the proposed design, limited parking needs and
landscape design specific to the bed and breakfast use. Mr. Raguine will provide
findings for the Board.
C tnsideration
Cover AU Kids
f
a d Signature of Document N
2018-107, PacificSource
DeAnn Carr, Health Services Deputy Director presented this item for consideration
and reviewed the agreement through the Oregon Health Plan for health coverage
for children. Discussion held on outreach and services to be provided.
BAN EY: Move approval
HENDERSON: Second
VOTE: BANEY: Yes
HENDERSON: Yes
DEBONE: Chair votes yes. Motion Carried
PAGE 6 OF 7
OTHER ITEMS: None were offered.
ADJOURN
Being no further items to come before the Board, the meeting was adjourned at 10:53 a.m.
DATED this Day of Mairrin 2018 for the Deschutes County Board of
Commissioners.
Cbt-d
ANTHONY DEBONE, CH
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TAMMY ANEY, MMISSI®NE
PAGE 7 OF 7
TE
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p c 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, MARCH 14, 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 Signatures on Letters Appointing Allen Hammerman, Elizabeth
Johnson, and Matthew Flautt to the Noxious Weed Advisory Board
2. Consideration of Board Signatures on Letters Re -Appointing Nancy Gilbert, Chuck
Newport, Rick Wright, Clair Kunkel, Chris Converse, and Chuck Arnold to the Upper
Deschutes Watershed Council
Board of Commissioners Business Meeting Agenda
of 3
Wednesday, March 14, 2018 Page 1
3. Consideration of Board Signatures on Letters ReAppointing Sharon Leighty and Bill
Olsen to the Deschutes County Historical Landmarks Commission
4. Approval of Minutes of the January 30, 2018 Board Retreat
5. Approval of Minutes of the February 5, 2018 Work Session
6. Approval of Minutes of the February 7, 2018 Business Meeting
7. Approval of Minutes of the February 7, 2018 Work Session
8. Approval of Minutes of the February 14, 2018 Business Meeting
9. Approval of Minutes of the February 14, 2018 Work Session
10.Approval of Minutes of the February 21, 2018 Work Session
11.Approval of Minutes of the February 26, 2018 Business Meeting
12.Approval of Minutes of the February 26, 2018 Work Session
ACTION ITEMS
13. Consideration of Board Signature of Document No. 2018-008, an Order for the Sale of
Real Property Acquired by Deschutes County through Tax Foreclosure - James Lewis,
Property Management Specialist
14. Consideration of Board Signature of Document No. 2018-130, Option Agreement with
Cascade Divide Colo, Inc. - James Lewis, Property Management Specialist
15. Consideration of Board Signature of Document No. 2018-131 and Document No. 2018-
132 Approval and Acceptance of Bargain and Sale Deeds Relative to the Demolition
Landfill Sale - James Lewis, Property Management Specialist
16. Consideration of Board Signature of Document No. 2018-107, PacificSource - Cover All
Kids - DeAnn Carr, Health Services Deputy Director
17. Board Deliberation: Mazamas Foundation proposed bed and breakfast inn and
campground. - Anthony Raguine, Senior Planner
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.
Board of Commissioners Business Meeting Agenda Wednesday, March 14, 2018 Page
of 3
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.ora/meetinacalendar
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions
regarding a meeting, please call 388-6572.)
Board of Commissioners Business Meeting Agenda
of 3
Wednesday, March 14, 2018 Page 3
Community Development Department
Planning Division Building Safety Division Environmental Soils Division
P.0, Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-61305
Phone: (541) 388-6575 Fax: (541) 385-1764
http://wuw .deschutes,org/cd
MEMORANDUM
DATE: March 8, 2018
TO: Board of County Commissioners (Board)
FROM: Anthony Raguine, Senior Planner
RE:
PROPOSAL
Board Deliberation on Mazamas Foundation Applications (247 -17 -000319 -
CU, 247 -17 -000320 -SP, 247 -17 -000321 -CU, 247-17-000879-A, 247 -18-
000045 -MA)
The Mazamas applied for conditional use permit, site plan review, and Landscape
Management review to establish a bed and breakfast inn and a campground. The project
includes a number of key features:
Bed and Breakfast Inn (B&B)
• Replace the existing single-family dwelling with a new dwelling;
• Three (3) guest bedrooms to accommodate up to eight (8) guests;
• One (1) caretaker's bedroom;
• Restroom and shower facilities for both the B&B guests and campers; and
• An outdoor gathering area on the north side of the B&B structure, which will include
a cooking facility.
Campground
• Five (5) campsites, each with two (2) tent sites;
• Each tent site can accommodate up to two (2) people, for a maximum of 20
campers;
• 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 campground will observe a 75' setback from the northeast property line,
requiring a waiver from the required 100' setback;
• The campground will observe a 105' setback from NE Crooked River Drive, a
Landscape Management road, requiring a waiver from the required 300' setback;
• Six -foot -tall screens/fencing along south and southeast end of campsites for visual
and noise buffering;
Quality Services Performed with Pride
• Landscaped berm along east side of campground for visual and noise buffering;
• Five -foot -tall privacy fence along south property line;
• Campfires are prohibited; and
• Quiet hours will begin at 9 pm, with `lights out' at 10 pm;
PROCEDURAL HISTORY
The Hearings Officer approved the B&B 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. In response to the request to
modify the application, the Board conducted a second public hearing on February 7, 2018.
The open record period closed on February 28, 2018.
OBJECTIONS
In response to the Hearings Officer's approval and the modified application, a number of
objections were raised. Below, staff summarizes those objections which are associated
with an approval criterion.
• B&B should be limited to eight (8) allowed users;
• The campground is not harmonious with the natural environment and existing
development;
The project will exacerbate existing traffic issues in the area;
The project will exacerbate fire hazard risk to the area;
The campground is not generally compatible with the rural residential character of
the area;
• Specific features will not be compatible with the area including: setback waivers,
tents, 5- and 6 -foot -tall fencing/screens, berms, security lighting, and the outdoor
cooking facility;
• The B&B will not be `owner -occupied'; and
• Similar to the Board's recent decision to deny a setback exception for a marijuana
production facility, the Board should deny the requested setback waivers;
• Approval of the project will set precedent;
To aid the Board's deliberation, staff prepared a Decision Matrix attached as Exhibit A,
detailing all of the objections raised. Exhibit A also includes any applicable approval
criteria, applicant response, Hearings Officer finding, and staff comment.
150 -DAY LAND USE CLOCK
Pursuant to DCC 22.20.055(B), 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 would be June 18, 2018.
Because the applicant agreed to the written open record period from February 7-28, the
land use clock is tolled for 21 days. Therefore, the 150th -day is July 9, 2018.
1 The Hearings Officer granted setback waivers, including a waiver to the south property line
setback. Per the modified application, a waiver from the south property line setback is no longer
necessary.
EXHIBITS
A. Decision Matrix
B. Modified Site Plan
C. Open Record: New Evidence & Testimony, February 7-14
D. Open Record: Rebuttal Evidence & Testimony, February 15-21
E. Open Record: Applicant's Final Legal Argument, February 22-28
F. Hearings Officer's Decision
BLANK PAGE
EXHIBITA
Decision Matrix
BLANK PAGE
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BLANK PAGE
EXHIBIT B
Modified Site Plan
BLANK PAGE
AMA RANCH AT SMITH ROCK 1 01/17/18
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BLANK PAGE
EXHIBIT C
February 7-14, 2018
1st Round: New Evidence & Testimony
BLANK PAGE
From: Nancy Alderson
To: Anthony Raguine
Subject: Mazamas
Date: Friday, February 9, 2018 2:21:43 PM
I applaud and appreciate the commissioners attention to my concerns with the Mazama application for a Bed and
Breakfast and adjoining campground.
What has most often been mentioned are the setbacks, waivers, privacy fencing and noise issues.
However, what has been repeatedly glossed over and ignored is the fact that allowing the 20 campers to use the B &
B is a clear transgression. It can no longer be called a Bed and Breakfast under the existing code.
I would encourage you to address this violation and deny their application.
Sincerely,
Nancy Alderson
2381 NE Smith Rock Way
Terrebonne, Oregon
Sent from my iPad
BLANK PAGE
From: Tony DeBone
To: Anthony Raguine
Subject: Smith Rock State Park
Date: Monday, February 12, 2018 6:06:07 AM
Anthony,
On Sunday, Feb nth at about 4:30pm I drove past the property that has applied for the
campground, Bed and Breakfast. This note is for the record.
I drove up NE Crooked River Drive to NE Smith Rock Loop. I observed the property from the
intersection of those two roads. I specifically viewed the elevation change from the road into
the property and the existing trees and vegetation. I drove down NE Smith Rock Loop for
about 300 yards the turned my car around in the road. When I got back to NE Crooked River
Drive I took a right and drove to the end and followed the road around and back past the
property.
Tony DeBone
Deschutes County Commissioner
Office: 541 388-6568
Mobile: 541 728-3012
BLANK PAGE
From: Evan Ludmer
To: Anthony Raauine
Subject: Letter from Evan Ludmer Opposing Mazama B&B
Date: Tuesday, February 13, 2018 7:37:03 AM
Dear Deschutes County Commissioners,
My name is Evan Ludmer and I live at 9461 NE Smith Rock Loop in Terrebonne, less
than .5 mile from the proposed Mazama Bed and Breakfast and Campground. I am writing in
strong opposition to this proposed project.
I urge you to consider how you would feel if a campground were to be put in down the
street from where you live?... What about a campground that is squeezed into 2 -acre lot with
neighbors on three sides? Does it make sense to add a campground to a rural residential
neighborhood?
Please consider the following concerns when making your decision:
#1: Noise
Campgrounds are noisy places. The sound engineer that the Mazamas hired quoted that the
noise level would be 30 decibels. I find this quite hard to believe, and I also do not think that
there will be any recourse for noise. How can a "quiet forest" equate to a campground with 20
people partying together? There is no prevention from noise affecting the neighbors. It would
be one thing if this was just going to be a Bed and Breakfast, wherein noise could be
minimized with walls.
#2: Current Camping Options
Smith Rock already has multiple camping options in place, including the Smith Rock Bivouac
site and Skull Hollow Campground. Both Skull Hollow and Smith Rock have active, ongoing
development to improve and expand camping access at Smith Rock. Each of these
campgrounds has appropriate set backs in order to ensure that they do not negatively impact
local property owners.
#3: Future Development
Approving this development will set a precedence for further commercial development in the
Smith Rock area. Smith Rock is a natural wonder and further commercial development
endangers this fragile place.
#4 Community Plan
As you are aware, Terrebonne has a Community Plan for 2010-2030, the Mazama
development stands directly in conflict with Terrebonne's vision to "Maintain Terrebonne's
rural character." The Mazama Bed and Breakfast does not serve the people of Terrebonne or
Central Oregon, it serves a Portland based climbing group that has their own inte/estsand
motives in mind,
Thank you for your consideration
Sincerely,
From: Jess Ludmer
To: Anthony Raguine
Subject: Letter in opposition of proposed Mazamas B&B and Campground
Date: Monday, February 12, 2018 9:05:46 PM
Attachments: Letter to the Count, Commissioners.docx
Dear Mr. Raguine,
Please include my attached letter to the County Commissioners for review. This letter is in
addition to my testimony, and is therefore considered new.
Thank you,
Jess Ludmer
Jess Ludmer
(509) 449 - 8559
Stuecklenjng.gmail.com
February 12, 2018
Dear County Commissioners,
During your seven days of review, as well as your seven days of deliberation, I hope
that you will feel a sense of responsibility toward the people of Terrebonne. The
Mazamas, a Portland -based organization, are ignorant of our ways of life. When they
saw the property on Crooked River Dr., they saw quick access to the climbing crag,
and free advertising to the climbing world.
We, however, see the beauty of the open ranching space. We see Marla driving down
our road, delivering hay to her horses. We drive under 10 mph on our dusty gravel
roads. We brake for deer and low-flying owls.
Every night my husband and I take a walk down Smith Rock Loop. We marvel at the
stars and the silence. After dusk, the park empties and the wildness and beauty of
Smith Rock prevails. It is a time for wildlife to flourish and escape from the confines
of their burrows. They've hidden all day with the hustle and bustle of Smith Rock.
When we call our dog in at night, we are incredibly careful not to raise our voices.
We live in a basin, surrounded by pink tuff walls and basalt columns. Every voice,
every laugh echoes loudly. So we choose to be silent. We know that our neighbors
moved here for the peace and quiet—just as we did.
How do you regulate a constant flow of transient strangers to a peaceful
neighborhood? The answer: you don't. There is no way to create a culture of silence
in one day. There is no way to explain to every giddy weekend warrior guest that
they need to be quiet. They can't. They're blowing off steam, away from Portland for
the weekend.
Trust me, I know. My husband and I spent 10 years traveling around the country
from campground to campground. If people want to party, they will. Allowing an
outdoor gathering place and a campground in a 2 -acre property next to 50
neighbors? That's downright appalling.
Please represent us as you swore to in your oaths as county commissioners. Please
represent our true rural values and do not open up our lands to commercial
expansion.
Thank you for your consideration.
Jess Ludmer
9461 NE Smith Rock Loop
Terrebonne, OR 97760
From: Don Peters
To: Anthony Raouine
Subject: sorry to bother you!
Date: Tuesday, February 13, 2018 4:27:06 PM
Attachments: Resoonse to Commissioner Phil Henderson's Ouestion.docx
ATT00001.htm
Anthony,
Here's an exact repeat of my testimony I sent a few minutes ago,
EXCEPT ... I converted the OSU repot at the end, into a PDF file so you and the
commissioners wouldn't have to mess with the "copy and paste" nuisance.
Sony for the oversight,
Don Peters
In response to Commissioner Phil Henderson's question:
"If you live two miles away from the Mazamas proposed land use,
why should you care?"
Short Answer:
Farmland protection !
The Old News From Salem (from Oregon DLCD)
"Some 15.5 million acres of Oregon's rural lands are zoned
Exclusive Farm Use. That zoning keeps farmland from being
overrun by subdivisions and urban sprawl". And yet there are
examples of "farm and forest land is being converted when it is
approved for various non-farm and non -forest uses by counties."
"Every two years, Oregon's DLCD Farm Report documents the
numbers and locations of approved new farm and nonfarm uses
and land divisions in EFU zones across the state. In that report,
the state addresses current threats to farmland."
"The division and sale of farmland for non-farm
purposes drives up land prices, often putting it out of the
reach of existing farms and new farmers wanting to enter the
market. As farm operations scale down or leave, farm
infrastructure, such as feed stores, processing facilities and
irrigation districts may start to disappear, affecting the ability
of the remaining farm community to be successful,
and driving the cycle of conversion"
The New, Local News From Deschutes County
So much of what comes out of Salem is often so heavily
influenced by "Westside" issues and "Westside" philosophies, that
we Central Oregonians from "the land of wide-open spaces" can
often be heard to protest "That shoe doesn't fit!"
Unfortunately, we see substantial evidence that Deschutes
County's record-setting growth is inadvertently driving "the cycle
of conversion" of EFU lands such as our family's 40 acre hay
and cattle ranch" which lies within 2 miles of the Mazamas'
proposed non-agricultural, non-residential Commercial land use.
Deschutes County's Growing EFU Conversion Evidence
(The documentation that follows is absolutely not an indictment of
the County's Herculean efforts to stay ahead of the "wildfire" that
is our national -leading growth within Deschutes County.
The evidence presented here is instead, an attempt to sound the
alarm, to beg for protection of a vulnerable and critical natural
resource, and a major financial resource - the over 91.3 million
dollar farm and agribusiness infrastructure within Deschutes
County.
The Deschutes County Commissioner's track records speaks for
themselves in terms of the efforts you would expend to bring a
new, beneficial 91.3 million -dollar business to Central Oregon.
The question is what will you do to protect and save one that is
already here?
Deschutes County evidence from the Oregon 2014 -2015 Farm
and Forest Report.
More New Non -Farm Dwellings Being Approved There were
65 non-farm dwelling approvals in 2014 and 85 in 2015 for a total
of 150 dwelling approvals. This is a slight increase from 2012-
2013 when 140 dwellings were approved. Over one-third of all
2014-2015 approvals occurred in Deschutes County or Lake
County, with Crook and Jackson counties also showing relatively
high numbers of approvals.
Note: Review of the 2014-2015 Farm and Forest Report (page 8)
clearly indicates that in Deschutes County TWICE AS MANY
Non -Farm -Dwellings were Approved on Deschutes County
Farmland as any other county in the state.
Early Warnings of Irrigation Changes in Deschutes County
The detailed and well-documented May 2017 report titled
"Agriculture and Irrigation in Oregon's Deschutes and
Jefferson Counties", produced by HEADWATERS ECONOMICS
provides us with additional early evidence that all is not well
with Deschutes County's farms and agriculture support
businesses.
Page ten of that report reveals an alarming shift — an early
warning concerning Deschutes County Farm Irrigation Usage.
"In Deschutes County, from the mid-1970s until the Great
Recession, the number of irrigated farms increased sharply from
362 farms in 1974 to a historic high of 1,425 farms in 2002 (Figure
10). This upward trend reflected the county's booming population,
which continued to climb from 1970 until late 2007, and the
ongoing fragmentation of farms under real estate development
pressure and other impacts from urbanization. By 2012
Deschutes County had dropped dramatically from the 1425 active
farms being irrigated in 2002 to just 1025 farms being irrigated in
2012 — at loss of 400 irrigated farms."
OREGON STATE UNIVERSITY'S 8 PAGE EXECUTIVE
SUMMARY REPORT ON
The Future of Oregon's
Agricultural Land
I urge each of you commissioners to take a few minutes to read
one of the most informative and non-political executive
summaries (ONLY 8 PAGES) concerning the financial and
cultural future of our farmers and our agricultural lands. This brief
summary report will both enlighten you and alert you to the long-
term dangers of special interest groups who would pressure you
to make supposedly "one-time" zoning and land use decisions
which will have impacts far beyond their limited understanding of
"being a good neighbor".
A personal Note: Those of us opposing the Mazamas proposal
have seen first hand how "compressed" every day is for you
commissioners but I beg you, please read this very brief summary
of the serious but unknown -to -most, issues that face the farmers
and ranchers of this County.
I would also ask that Deschutes County Planning Staff read it as
well.
http://centerforsmallfarms.oreqonstate.edu/sites/centerforsmallfar
ms.oreaonstate.edu/files/executive summary future of farmland
final.pdf
Don Peters
1340 NE Smith Rock Way
Terrebonne, Oregon 97760
BLANK PAGE
From: Patricia Freeman -Martin
To: Anthony Raguine
Subject: Re: TNA letter, Martin
Date: Tuesday, February 13, 2018 2:30:06 PM
Our mailing address is:
Gary Martin
Patricia Freeman -Martin
P. O. Box 158
Terrebonne, OR 97760
Thanks!
Patty
Sent from my iPhone
On Feb 13, 2018, at 10:55 AM, Anthony Raguine <Anthonv.Raguinendeschutes.org> wrote:
Thank you for your comments Patty. I will add your email and letter to the record for
the Board's consideration. If you and Gary would like to receive notice of the Board's
decision, please send me a mailing address. Thanks.
Anthony Raguine
Senior Planner
Deschutes County Community Development Department
117 NW Lafayette Avenue
Bend, OR 97701
(541) 617-4739
Please note that the information in this email is an informal statement made in
accordance with DCC 22.20.005 and shall not be deemed to constitute final County
action effecting a change in the status of a person's property or conferring any
rights, including any reliance rights, on any person.
From: Patricia Freeman -Martin [mailto:nattvfreemanmartin( gmail.com]
Sent: Tuesday, February 13, 2018 9:50 AM
To: Anthony Raguine <Anthonv.Raguineha deschutes.org>
Subject: TNA letter, Martin
Hi Anthony,
Here is our letter for the TNA project. Our neighbor, Kathy Baumann asked me to
send it to you.
Thank you for your work to preserve the rural qualities of Terrebonne and Smith
Rock State Park. A large part of the tranquility of the Park is because the people
go home at night.
Yours,
Patty
Patricia Freeman -Martin
oattvfreemanmartin anomail.com
541-519-8834
www.ofmartinart.com
2/13/2018 ATT00001.htm
February 13, 2018
Commissioners,
We are writing in opposition to the Mazamas proposed exceptional use application for thein property at 10050 Crooked River Road, Terrebonne. We own. live on
and operate an equestrian facility at 890 NE Smith Rock Way. We moved to Terrebonne from Eastern Oregon m 2004 and since then have enjoyed the diversity of
folks in our area as well as the spectacular natural beauty of Smith Rock State Park and the surrounding rural environment. Over the past 14 years we have
witnessed the increasing use and enjoyment of the park by a wide spectrum of people It is common to hear a variety of languages being spoken - on a recent day
we heard German, Russian and Japanese. It is also common to see license plates from every state in the union One of the most rewarding observations has been
the regular use of the park by a wide demographic including Targe families picnicking, elderly folks walking the upper rim trails, school groups, birders.
photographers. dog walkers and climbers as well as many of us just enjoying the sense of "zen" the park can evoke.
Because of the increase in use of the park, careful consideration needs to be given to any development that would negatively impact the equitable use of this shared
gem, as well as the existing property owners. With regard to these concerns, the Mazamas proposition is very self serving and does not have larger merit for
anyone not privileged with membership. The proposal itself is flawed - trying to cram a bed and breakfast inn, campgrounds for 20, a "common area" and parking
on 1.9 acres defies common sense.
Additionally, we are quite concerned about the precedent that would be set by allowing the exceptions to the MUA 10 zoning required by the Mazamas
proposition. One can imagine all of the other MUA 10 zoned properly owners rightfully feeling entitled to the same exceptions and potential financial benefit. We
believe this sort of contentious land use dialogue is not in anyone's best interest.
Thank you for your consideration,
Gary and Patty Martin
file:///C:/Users/anthonyr/AppData/Local/Microsoftndows/INetCache/Content.Outlook/OD3IKK17/ATT00001.htm 1/1
BLANK PAGE
From: David Byrne
To: Anthony Raauine
Cc: Teresa Briahi;
Subject: MRSR - add"I evidence
Date: Wednesday, February 14, 2018 4:36:53 PM
Attachments: MRSR Additional Evidence - First Round Submittal.ndf
Hi Anthony,
Please find attached the Mazamas Foundation Additional Evidence
submittal: MRSR Additional Evidence - First Round Submittal.pdf
Thanks, David
THE MAZAMAS
FOUNDATION
MAZAMA RANCH AT SMITH ROCK - New Bed & Breakfast and Walk-in Campground
Deschutes County Board of Commissioners
Appeal Hearing — New Evidence: First Round Post Modification Hearing
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 14, 2018
In support of their proposed project the Mazamas Foundation offers the following new evidence and response
to community testimony.
1. Cross-section views: EXHIBIT A Crooked River Drive & Walk-in Campground — Proposed
Crooked River Drive & Outdoor Gathering Area — Proposed
Diagrams illustrating the various screening and buffering strategies from Crooked River Drive to
the Outdoor Gathering Area and the Walk-in Campground. The strategies combine various
elements to screen these areas, including: the canopy of the existing mature juniper grove; new
landscape screening; dry stacked rock walls similar to those seen elsewhere in the Terrebonne
community; integrated landscape planters; an elevation change of 6'-0" between Crooked River
Drive and the Walk-in Campground; and, an elevation change of 9'-0" between Crooked River
Drive and the Outdoor Gathering Area. In total, these strategies will effectively provide
screening both to, and from, Crooked River Drive. Exhibit A demonstrates the diminishing line -
of -sight to the Walk-in Campground and Outdoor Gathering Area from Crooked River Drive,
illustrated by a dashed line.
2. Correction to Modified Site Plan vs Previous — EXHIBIT B (rev)
The Modified Site Plan vs Previous submitted on February 7, 2018, incorrectly illustrated the
previous location of the Bed & Breakfast Inn and Campground (red dashed line). A corrected
diagram is submitted as EXHIBIT B (rev).
3. Noise Control System: EXHIBIT C
A diagram illustrating the Mazamas multilayer noise control system.
4. Code Compliance Process: EXHIBIT D
A diagram demonstrating that the Mazamas fully understand the county code enforcement
process. The Mazamas have a substantial amount of time and resources invested in this project
that they would not jeopardize by a failure to meet county code standards, or by a failure to
meet good neighbor expectations.
5. Tent Specification: EXHIBIT E — Walk-in Campground Tent Concept - Proposed
The following text, excerpted from page 5 in the Burden Of Proof Statement, dated 04/21/17,
submitted as part of the initial CUP/Site Plan application package, describes the proposed tent
concept to be used in the Mazamas' walk-in campground:
Two -person, backpacking style tents will be provided to guests using the
campground. Approximate tent floor area will be ^48 SF, with a height of
approximately 48". The tent colors will be consistent throughout, and may be
gold, tan, or similar Tight colored material.
EXHIBIT E provides additional supporting information, graphics, and dimensions on the tent
concept proposed for use in the walk-in campground.
6. Irrigation of 1.75 acres
In response to testimony submitted by Marla Gibson regarding irrigation of the subject
property: The subject property has 1.75 acres of Central Oregon Irrigation District beneficial -use
irrigation rights. The Applicant will use the irrigation water to irrigate the existing landscaping
and the new landscaping associated with the proposed project. The subject property is at the
end of the irrigation ditch. This ditch provides irrigation water to several 'upstream' properties
from the subject property along Cooked River Drive.
Prior to development an irrigation plan will be provided to Central Oregon Irrigation District.
Should it be determined that the applicant cannot or does not wish to use their full 1.75 acres of
irrigation water rights there are several options available that will keep the water in the district
and not effect neighboring parcels. These options include, but are not limited to, transferring
the water rights to neighboring land owners, some whom have stated on the record that they
receive less than an optimal amount of water from Central Oregon Irrigation.
7. 3-phase project
In response to testimony submitted by Don Peters regarding the Mazamas Foundation plans for
phased development of the proposed project: The Mazamas communicated a possible three-
phase development plan to their members.
1. Phase I: Purchase the property and continue operating it as a nightly vacation rental as it
had been for many years. The Mazamas decided against this option and this practice was
discontinued upon purchasing the property in June 2017.
2. Phase II: Remodel the triple -wide manufactured home and apply for a conditional use
permit for a Bed & Breakfast Inn and campground. This option was determined to not be
feasible due to code restrictions on the use of a manufactured home.
3. Phase III: Construct a new single-family residence and apply for a conditional use to operate
a Bed and Breakfast Inn and campground, the final phase of the project.
Page 2 of 3 02/14/2018
Deschutes County Board of Commissioners
Appeal Hearing — Supplemental Evidence: Setbacks
MAZAMAS FOUNDATION
r11 ,nAzn_nnnaia_rn »n_CP q71 -CI
8. Mazama Lodge parking lot expansion
In response to testimony submitted by Don Peters regarding the parking lot expansion at the
Mazama Lodge on Mt. Hood: The purpose of the parking lot expansion is to add parking and a
bus pull-out to mitigate a long-standing visitor safety and access issues. Currently, children,
students, and families are required to park on the opposite side of Highway 26 from the lodge
and run across the sometimes icy highway, often in the early morning or darkness of evening, to
access the lodge. Visitors of the lodge include children and senior citizens. The project concept is
strongly supported by the US Forest Service and we are collaborating with them on pre -
construction environmental assessments. Safety of visitors is a top priority for the Mazamas.
9. Correction to Noise Analysis Technical Memorandum
In the Noise Analysis - Technical Memorandum, dated February 5, 2018 and identified as Exhibit
C, the campground setback to Crooked River Drive is incorrectly stated as 150'. The actual
setback distance is 115'. The setback is correctly stated in the subsequent table on page 2, and
the cumulative estimated noise levels are calculated based on the correct setback distance of
115'.
Page 3 of 3 02/14/2018
Deschutes County Board of Commissioners
Appeal Hearing—Supplemental Evidence: Setbacks
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DIA. 3—TENTS IN USE
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BLANK PAGE
From:
To:
Subject:
Date:
Attachments:
Anthony,
Luis Elenes
Anthony Raauine; Anthony Raouine
Mazama, Baker, Elenes, Setback Waiver Denial 2-14-18
Wednesday, February 14, 2018 12:15:29 PM
Mazama Baker Waiver 21418.odf
A1T00001.htm
Attached is further argument against granting a setback waiver to the Mazama Foundation.
I ask that you please send me a confirmation that this has been received by you and
entered into the data base regarding this matter.
Once again, thank you.
Best Regards,
Luis Elenes
512-680-1192
Regarding Waiver to Setbacks to Public Land; Mazama Foundation vs. Mrs.
Gibson (247 -17 -000319 -CU)
February 14th, 2018
Deschutes County Board of Commissioners,
In the business Meeting on 2/5/2018 - DELIBERATIONS: Marijuana Production
Appeal, 20420 Harper Road, all three Commissioners voted unanimously to deny a
Waiver to setback requirements previously granted to Mr.Baker by a Deschutes
planning hearings officer (247 -17 -000645 -CU, BAKER). The setbacks for this
conditional use application were 55 and 58 to the North and East property lines,
respectively. The setback distances as required by Deschutes County Code (DCC) are
100' to both property lines in this case. The limited Northern set back is 55' from
building to the abutting public land.
I respectfully ask the Board of Commissioners to deliberate consistently as the
proposed Mazamas plan requires a large setback Waiver from the required 300' to
the NE direction to Smith Rock State Park which is clearly pubic land.
In the Mazamas' current modified plan, the setback from their commercial
campground to Public lands is 105', required per DCC is 300' as this is required in a
Landscape Managed Zone. In this case, the Landscape Managed Zone is defined by a
fixed distance to the Crooked River traversing the public land of Smith Rock State
Park (Figure 1.). Due to the limited size of this rural lot (1.97 Acres), it is simply not
possible for the required 300' setback from campground to abutting public land to
be met.
Similar to the deliberation denying a setback Waiver to Mr. Baker, the NE neighbor
of the Mazamas development is Public land in a protected landscape managed zone,
where the various public users can not negotiate a prudent compromise in allowing
a reduction of the reauired setback. This was the concerned proposed by
Commissioners DeBone and Baney. Commissioner Henderson simply did not see the
justification for allowing any exception to this setback regardless of public or
private land.
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 deliberations.
With Best Regards,
Luis Elenes
Terrebonne Resident
Terrebonne Neighborhood Alliance volunteer
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EXHIBIT B
BLANK PAGE
From: Marla Gibson
To: Anthony Raauine
Subject: RE: Response to Rebuttal Hearing
Date: Wednesday, February 14, 2018 12:43:37 PM
Attachments: Feb. 14th .Ddf
Here's another one
Marla Gibson
Marla Gibson
9990 NE Crooked River Drive
Terrebonne, OR 97760
Community Development Dept.
Planning Division
RE: File Numbers: 247 -17 -000319 -CU
247 -17 -000320 -SP
247 -17 -000321 -CU
Applicant: Mazamas Foundation Appellant: Marla Gibson
Request: Appeal the decision rendered by Hearings Officer - Dan R. Olsen
REASONS TO DENY PERMITS:
18.128.015 General Standards Governing Conditional Uses
B. The proposed use is NOT compatible with existing and projected uses on surrounding
Deschutes County properties. Based on factors listed in DCC 18.128.015 (A)
Factors in (A) Site, - only 1.97 acres , design — combining a Single Family residence with a
Campground — none in the area, Operating characteristics of the use — Commercial business
which requires 10 acres being placed in residential and agricultural use properties, harmonious
characteristics — none, there are no 6' block walls, Accoustical fencing or parking lots in the
surrounding Deschutes County properties.
18.66.050 COMMERCIAL -RURAL (TeCR) DISTRICT
Neither a Bed and Breakfast or Camp Ground are listed as a Conditional Use.
18.04.030 BED AND BREAKFAST INN
A Single Family dwelling unit where LODGING AND MEALS are provided for
COMPENSATION, in which NO MORE THAN THREE GUEST ROOMS are provided for
NO MORE THAN 8 GUESTS. BREAKFAST ONLY
DEFINITIONS:
ORS 699.005 Describes a `Hotel", "Motel" or INN is where 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, INN and SPACES used for parking an RV or TENTS.
The Mazama Compound will OWN the TENTS and receive COMPENSATION FOR
THEIR USE. Therefore, since all the LODGERS will be using the facilities that are located in
the Bed and Breakfast I once again state that by the definitions of Deschutes County and The
State of Oregon, this no longer is a Bed and Breakfast.
NOISE AND ODORS:
Due to the Natural Topography of the Smith Rock area where we are surrounded on three sides
by large rock formations the level of noise that bounces off the Rocks is substantial. No fencing
of any nature is going to deafen the sound or smells that will carry over to the neighboring
properties.
Noise studies conducted in areas that are not similar in nature are not to be considered.
ORS 624.046:
Bed and Breakfast kitchens are off limits during meal hours to individuals not employed by the
Bed and Breakfast.
It doesn't take a study to understand that 20 Camping Lodgers cooking outside will be odor free.
CAMPING:
Adam Baylor- Advocacy Manager for the Mazamas.
Quote " The Campground would be much different than the current Camping at Smith Rock.
He describes it as more like Glamping. "It's more like a controlled Lodging experience that
happens to be like Camping" Quoted from the Source Weekly Dec. 7th Issue page 7.
Glamping is a portmanteau of glamour and camping and describes a style of camping with
amenities and, in some cases, resort -style services not usually associated with "traditional"
camping. Glamping has become particularly popular with 21 st-century tourists seeking the
luxuries of hotel accommodation alongside the escapism and adventure recreation of camping.
There will be no ability to control the number of guests hanging out at the Outdoor Gathering
areas. Climbers meet friends and they will be additional guests for a gathering and meals. This
is an active sport with enthusiastic tourists. Tourists DO NOT take into consideration they are
in a residential area. I think 34 years of experience has more credence than a Mazama group
wanting to provide services for their Climbing Schools who are weekend visitors.
The State Park generates fees to help support the Parks and the Mazamas are collecting fees for
themselves and using the Park for free.
There are 50 Climbing Schools now giving classes at the Park. The Park is over capacity.
TOURISTS SHOULD NOT HAVE PRIORITY OVER RESIDENTS.
This is taking our County Zoning Laws way past their intended definitions and purposes. If
Special Interest Groups with large resources are able to define their Conditional Uses outside of
the County definitions based on "what they don't say" YOU will spend the next 20 years trying
to write them to cover everything, no matter how far of a stretch.
Marla Gibson
BLANK PAGE
From: Phil Powers
To: Anthony Raauine
Subject: Mazamas Lodging Development
Date: Wednesday, February 14, 2018 3:53:21 PM
Dear Mr. Raguine,
I am the CEO of the American Alpine Club, a 20,000 member national organization for
climbers in the United States. Among many other programs, we operate lodging facilities
around the country. You can take a look at our lodging program on our website at
https://americanalpineclub.org/lodging/
In almost fifty years of operating hostels and campgrounds for climbers, we find that the
improve community and information sharing (and hence, perhaps even safety) and, when
situated properly, reduce the time people spend in their cars getting to the crag or mountain.
I have worked for many years with the Mazamas and I have confidence that the above will
also be the case for their proposed facility near Smith Rock State Park. We are partnered with
the Mazamas on several programs from join memberships to co-operated education programs
and I have a high degree of confidence in the organization and its current leader, Lee Davis.
I do hope you will look fondly on any proposed lodging facility. I think you will find, too, that
there are additional benefits to having the Mazamas nearby. AAC guests perform stewardship
projects with great frequency on the lands near each of our lodging facilities which include
both State and National Parks. We are also able to provide our guests with important
interpretive information which allows them to be better stewards of the land they visit.
If you would like to know more about our history operating lodging facilities near public lands
and how this is beneficial to the guest, the land and the local economy, please reach out to me
at any time by e-mail or at the phone number below.
In the meantime, I wish you the best in your work.
Sincerely yours,
Phil Powers
Phil Powers 1 CEO
American Alpine Club
direct 303.951.4561 1 main 303.384.0110
Facebook 1 Twitter 1 Instagram
Confidentiality and Privacy Notice
The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s)
named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this
communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original
EXHIBIT D
February 15-21, 2018
2nd Round: Rebuttal Evidence & Testimony
BLANK PAGE
From: Teresa Bright
To: Anthony Raauine
Cc: David Byrne; Liz Fancher
Subject: Mazamas Foundation: second round for rebuttal
Date: Wednesday, February 21, 2018 2:58:22 PM
Attachments: Mazamas Foundation Second Round Rebuttal Modification Hearina.odf
Anthony -
Please find attached, the Mazamas Foundation second round submittal for rebuttal.
Please submit to the record for the Board's consideration.
Teresa Bright
Business Feasibility & Project Management Consulting
teresa.briaht.odx(amail.com
503.803.2437
THE MAZAMAS
FOUNDATION
MAZAMA RANCH AT SMITH ROCK - New Bed & Breakfast and Walk-in Campground
Deschutes County Board of Commissioners
Appeal Hearing — Rebuttal: Second Round Post Modification Hearing
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 21, 2018
In support of their proposed project, the Mazamas Foundation offers the following rebuttal to community
concerns.
I. Recreational Camping vs Recreational Mariivana
In Luis Elenes' post -hearing testimony dated Feb. 14, 2018, Mr. Elenes cites "DELIBERATIONS:
Marijuana Production appeal, 20420 Harper Road" and asks the Board of County
Commissioners to "deliberate consistently as the proposed Mazamas plan requests a large
setback Waiver from the required 300' to the NE direction to Smith Rock State Park which is
clearly public land."
Mr. Elenes is proposing that the denial of a setback exception for a Marijuana Production site to
Public Lands be used as precedent for the Board denying a setback waiver for Recreational
Campground to a Landscape Management Road.
The Applicant offers the following rebuttal to Mr. Elenes' testimony:
1. The Mazamas are not proposing a marijuana production facility. Marijuana production
facilities have approval criteria that are specific to Marijuana Production facilities.
Campgrounds have approval criteria that are specific to Campgrounds. The impacts of
marijuana production are significantly different from those of a campground. The
campground is complimentary to and serves the park use that adjoins it. The adjoining
public park, also, includes a campground. The Harper Road marijuana production
proposal does not compliment the Maston Trail Use Area adjoining the Harper Road
property. The Maston Trail Use Area does not include a marijuana production facility.
2. The criteria for a Marijuana Production setback exception requires that "the applicant
demonstrates the reduced setbacks afford equal or greater mitigation of visual, odor,
noise, lighting, privacy and access impacts." The criteria for the Campground setback
waiver requires that the campground "is adequately screened and buffered."
Page 2 of 10
3. The Mazamas campground serves visitors of Public Lands, Smith Rock State Park. The
Campground definition in DCC 18.04 requires that "it 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."
4. Mr. Elenes is suggesting that precedent be used to apply two different approval criteria,
from two different industries to two different land use cases. To support his argument,
Mr. Elenes is suggesting that the Landscape Management setback requirements of 300'
for Campgrounds not be waived because the road protected by the LM zone adjoins
Smith Rock State Park. This fact, however, is not a part of the criteria that may be used
to decide whether a waiver is allowed — whether the campground has been adequately
screened and buffered.
5. The Mazamas campground meets the MUA-10 100' setback requirement to the NE
property line. There is not a setback requirement to Smith Rock State Park because the
Subject Property is bounded by Crooked River Drive, a Landscape Management road.
The setback requirement is to Crooked River Drive, not to Public Lands.
6. The Campground requires a waiver for the 300' setback from the Landscape
Management Feature, Crooked River Drive. The waiver is allowed by code and it
assures that the goals of the LM zone are met by requiring effective screening from
Crooked River Drive. The Mazamas campground is a small, walk-in campground
without high -impact features such as RVs, travel trailers, generators, etc. The
campground will not be visible from the Landscape Management road and will not
obstruct scenic views. The criteria for the setback waiver, therefore, have been met.
7. The setback requirement for a Recreational Vehicle Park to a Landscape Management
Feature is 100' for structures. The RVs in the Recreational Vehicle Park are not subject
to the Landscape Management setback requirement.
8. Most people driving along Crooked River Drive are visitors of the Park. Upon arrival
(driving south to north and sometimes back again) they are generally looking for
parking. The predominant scenic views are to the north and the west, in the opposite
direction of the Mazamas campground.
9. LUBA had said that Oregon's land use system is "unsuited" for the application of
precedent. Land use decisions must be based on the applicable approval
criteria. Applicable approval criteria must be found in acknowledged land regulations or
other sources of law determined to be applicable to the review of the land use
application. Prior land use decisions are not applicable approval criteria and, therefore,
do not provide a basis for denial of a land use application.
Deschutes County Board of Commissioners
Appeal Hearing — Rebuttal Second Round: Modification Hearing
MAZAMAS FOUNDATION
File#247-17-000319-CU, 320 -SP, 321 -CU
02/21/2018
II. Vacation Rentals Near Smith Rock State Park
Short-term rentals are defined by Deschutes County as transient lodging provided for 30
consecutive days or less. The vacation rental businesses near Smith Rock State Park are part of
a vibrant rural community and they demonstrate a demand for Park visitor accommodations.
Background: On Aug. 28, 2017, in written testimony following the Hearings Officer's hearing,
the Applicant submitted a list of 30 vacation rentals within approximately 5 miles of Smith Rock
State Park. The existing vacation rentals near the Park were discussed in oral testimony by the
Applicant at the Appeal hearing on Dec. 18, 2017. Following the Applicant's oral testimony,
Commissioner Henderson requested more information about the vacation rentals discussed by
the Applicant. The Applicant then resubmitted the same list of 30 vacation rentals on Jan 3,
2018 at the Appeal Hearing during rebuttal testimony. The Commissioners then requested that
the vacation rental information be revised to include only rentals closer to the Park to give more
relevance to the information.
As requested, on Jan. 10, 2018, in post -hearing written testimony the Applicant submitted
Exhibit E: FEE-BASED CAMPING AND NIGHTLY VACATION RENTALS WITHIN .5 MILES OF SMITH
ROCK STATE PARK (emphasis added). The exhibit listed 10 properties, including the State Park
Bivouac campground, that were verified as active on Jan. 3, 2018. Exhibit E also included a
specific map with boundaries that defined the subject area. The subsequent exhibit, Exhibit F,
included online marketing material that described the features and amenities of some of the
rentals. This material was provided to demonstrate an active rural community and
compatibility with the Applicant's proposed project.
On Feb. 7, 2018, Kathy Bauman provided oral testimony that disputed Exhibit E. This was
followed by undated written testimony entitled "EXHIBIT E FACT CHECK" and that was
submitted to the record. Kathy Bauman testified that Exhibit E was prepared conveniently to
coincide with the solar eclipse, and that many of the rentals listed were only active for the one-
time event. Ms. Bauman also testified that three of the rentals listed were not within a .5 radius
of the Subiect Property (emphasis added).
The Applicant offers the following rebuttal to Ms. Bauman's testimony and the Fact Check
document:
1. The Fact Check document incorrectly identifies the defined subject area as "within a .5 -
mile radius of SRSP/Mazama's Property" and uses the Mazamas property as the center
of the radius, portraying that two properties fall outside of that radius. The Applicant's
evidence, Exhibit E, specifically defines the subject area as within .5 Miles of Smith Rock
State Park. The two properties that Ms. Bauman identified as being outside the defined
area are listed below, however, both properties are within .5 miles of the Park.
Page 3 of 10 02/21/2018
Deschutes County Board of Commissioners
Appeal Hearing — Rebuttal Second Round: Modification Hearing
MAZAMAS FOUNDATION
File#247-17-000319-CU, 320 -SP, 321 -CU
a. Smith Rock Casa (9210 Smith Rock Loop): .3 miles from Smith Rock State Park.
b. Fallen Snag (9380 Smith Rock Loop): .33 miles from Smith Rock State Park
2. The Fact Check document incorrectly states the following: "5 properties were listed in
conjunction with the Solar Eclipse (one-time event) and are no longer available".
Three properties located at 9510 NE Crooked River Drive, owned by Dan Johnson, were
available on Jan. 3, 2018. Marketing material for Smith Rock Gardens (entire house) was
submitted to the record on Jan. 3, 2018 and describes the rental property as a "perfect
location for weddings or large family gatherings". This property, along with all the
properties in Exhibit E, were not one-time, solar eclipse properties because they were
still active on Jan. 3, 2018, over four months after the solar eclipse event. Mr.
Johnson's three property listings below have since been removed from AirBNB's
website.
a. Smith Rock Gardens - RV site
b. Smith Rock Gardens - suite
c. Smith Rock Gardens - house
In Mr. Johnson's written testimony submitted in Sep. 2017, and re -submitted in Feb.
2018, he included photos of RVs used by Park volunteers, and a yurt owned by a
neighbor that's sited on that neighbor's property. Mr. Johnson states that he can see
the RVs and the yurt from his property.
The original list of properties was compiled in Aug. 2017, and any properties that
advertised accommodations for the solar eclipse were intentionally excluded from the
list.
III. Parking Permit Revenue from Smith Rock State Park
In written testimony by Rachelle Tanner dated Feb. 6, 2018, Ms. Tanner states that the County
and the Park receive revenue from the parking to help maintain the park. In undated written
testimony, and in a local media interview, Marla Gibson expressed concerns about the Park
potentially losing revenue due to the proposed project's free parking lot.
The Applicant offers the following rebuttal to Ms. Tanner's and Ms. Gibson's testimonies:
1. The Mazamas have been in communication with Oregon Parks and Recreation District
regarding their proposed project since July 2016. OPRD has expressed no concerns about
the Mazamas guest parking lot. However, upon request by OPRD, the Applicant can require
guests to purchase State Park parking permits, as allowed by State law. Many guests will
have purchased an annual parking permit, as they do every year.
Page 4 of 10 02/21/2018
Deschutes County Board of Commissioners
Appeal Hearing — Rebuttal Second Round: Modification Hearing
MAZAMAS FOUNDATION
File#247-17-000319-CU, 320 -SP, 321 -CU
2. For many years, Ms. Gibson rented the subject property to overnight guests who parked on
the property and visited the Park without the requiring a State Park parking permit. Ms.
Gibson also arranged for the lease of a nearby parcel for the 2017 Craggin' Classic that
provided parking and camping on the parcel to 300 guests without direct financial benefit to
the Park.
3. The revenue from Smith Rock parking fees contribute to a general State Park fund and not
to the County and not to a Smith Rock State Park -specific fund, according to Ben Hedstrom
of OPRD.
IV. Opponents Comments About Living in a Rural Area and Near the Park
Some opponents have testified that they moved to the area for peace, solitude and a rural
lifestyle. Patrice Calmels (9300 NE 31St) stated in written testimony dated Feb. 6, 2018: "We
decided to retire in this region because Terrebonne is declared as rural area and were looking
for a peaceful and quiet environment with limited traffic and low population density among
other things".
The Applicant offers the following rebuttal to Mr. Calmels' and similar testimony:
1. If Mr. Calmels is currently experiencing a peaceful and quiet environment, the Mazamas
project is not likely to negatively impact that, particularly given the distance between
the two properties.
2. The MUA 10 zoning, exceptions area zoning, was applied because the area was
developed at a density that precludes farm use as defined by state law - agricultural
activities conducted with the intention of obtaining a profit in money. Wetherell v
Douglas County, 160 Or 614 (2007).
3. Smith Rock State Park was established in 1961 and has been a world-renowned hiking
and climbing icon for decades. While the Smith Rock area can be quiet at times, it is
not a rural oasis. Some residents live in a rental manufactured home park that has been
developed at urban density and others in an area of small suburban or marginally rural
properties (typically 2 to 5 acres in size). The Park see an estimated 750K to 1M visitors
annually.
V. Modified Location of the Outdoor Gathering Area
In written testimony dated Feb. 4, 2018, William Lobitz expressed concerns that the modified
site plan relocated the Outdoor Gathering Area closer to his home, and in full view of the mobile
home park.
Page 5 of 10 02/21/2018
Deschutes County Board of Commissioners
Appeal Hearing — Rebuttal Second Round: Modification Hearing
MAZAMAS FOUNDATION
File#247-17-000319-CU, 320 -SP, 321 -CU
The Applicant offers the following rebuttal to Mr. Lobitz testimony:
1. As originally proposed, the Outdoor Gathering Area was integrated with the east end of
the Bed & Breakfast. The modification now integrates the Outdoor Gathering Area
within the center of the building, under the roof, and oriented to the north.
2. The relocated Outdoor Gathering Area addresses five key issues:
• Increases the distance to the Outdoor Gathering Area from the south (Gibson
property) and east (Smith Rock Loop & mobile home park) property lines
• Provides enclosure on three sides, allowing for more enhanced acoustic and guest
management controls
• Enhances the project's compatibility with adjacent neighbors by eliminating line -of
sight to the area
• Provides additional screening and buffering from Crooked River Drive and Smith
Rock Loop.
• Directs all activity away from the adjacent neighboring structures
3. Distance from center of Outdoor Gathering Area to neighbor's residence on the east (TL
500, mobile home park)
• Original: 265'
• Revised:300'
4. Distance from center line of Outdoor Gathering Area to neighbor's residence on the
south (TL 801, M. Gibson)
• Original: 130'
• Revised: 190'
Page 6 of 10 02/21/2018
Deschutes County Board of Commissioners
Appeal Hearing — Rebuttal Second Round: Modification Hearing
MAZAMAS FOUNDATION
File#247-17-000319-CU, 320 -SP, 321 -CU
EXHIBIT B (fey)
�
u
Diagram i!!ustrating the re/ocated OutdoorGathering Area
5. The placement of the Outdoor Gathering Ara takes advantage of the existing mature
juniper tree canopy to provide screening from Crooked River Drive. Further screening
will be provided with the native landscaping strategy, consistent with that illustrated on
the Landscape Architectural design plans and the Cross Sections listed as Exhibit A,
dated 02/14/18, submitted with the First Round Post Modification Hearing documents.
VI. Serving the Public
Several opponents have expressed concerns over the perceived exclusive use of proposed
project's facilities by Mazama members.
Page 7 of 10
The Applicant offers the foliowing rebuttal to these concerns:
1. Accommodations at The Mazama Ranch at Smith Rock will be open to the public. Three
examples ofthis intent are cited in the Conditional Use Narrative,dated 04/20/17, and
included below for reference. The facility will not be exclusively used by Mazama
members. The Hearings Officer applied a condition of approval ensuring that the facility
will not be used for events, and this restriction will apply to Mazama climbing classes.
Deschutes County Board af Commissioners
Appeal Hearing — Rebuttal Second Round: Modification Hearing
MAZAMAS FOUNDATION
File#247-17-000319-CU, 320-5P, 321 -CU
01/21/2018
The Mazamas is a 501(c)(3) non-profit Mountaineering Education Organization based in Oregon
whose core mission is to promote mountaineering through education, climbing, hiking,
fellowship, safety and the protection of mountain environments. The Mazamas currently own
and operate an overnight and day -use facility in the Mt. Hood National Forrest on leased public
land. The proposed site improvements will accommodate overnight stay for people visiting
Smith Rock. Accommodations will be available to the public.
House with Bed & Breakfast Inn function:
Single story house, 2,200 SF with 10 maximum occupants.
• 3 Guest Rooms that provide lodging for compensation to the general public
for a duration of 30 days or Tess. Lodging will be provided for a maximum of 8
guests.
• 1 Owner bedroom that accommodates 1-2 Mazamas member caretakers
• 1 Mazamas member staff, without overnight stay
Living Room, Dining Room, and Kitchen
• Bathrooms, mechanical/electrical room and storage room
• A covered outdoor dining space and an outdoor gathering space near the
house
The new 2,200 SF house structure is approximately the same size as the existing
1,800 SF house. The new house is located in approximately the same location as the
existing house to avoid disturbing adjacent landscaping. The proposed Bed &
Breakfast Inn function will allow the public access to Smith Rock State Park in a
residential setting with very little impact to surrounding neighbors.
2. As noted in the letter submitted to the record from the President of the American
Alpine Club, dated Feb. 14, 2018, Phil Powers outlines the benefits of having a non-
profit climbing organization located in close proximity to an internationally famous rock-
climbing destination:
I do hope you will look fondly on any proposed lodging facility. I think you will find, too, that
there are additional benefits to having the Mazamas nearby. AAC guests perform stewardship
projects with great frequency on the lands near each of our lodging facilities which include
both State and National Parks. We are also able to provide our guests with important
interpretive information which allows them to be better stewards of the land they visit.
VII. Oregon's Agricultural Land & Suitability
In written testimony dated Feb. 13, 2018, Don Peters expresses concerns that the proposed B&B
and Campground will have a negative influence on local EFU lands.
The Applicant offers the following rebuttal to Mr. Peters' testimony:
1. The subject property is located in a MUA10 zone. Implications that the proposed
project will negatively influence local EFU lands are not justified. In fact, the proposed
project will support local EFU lands by supporting local purchases of goods and services.
Based on occupancy assumptions, the applicant estimates approximately 2,000
breakfast meals will be served per year, with ingredients sourced from local providers. It
Page 8 of 10 02/21/2018
Deschutes County Board of Commissioners
Appeal Hearing — Rebuttal Second Round: Modification Hearing
MAZAMAS FOUNDATION
File#247-17-000319-CU, 320 -SP, 321 -CU
is the Mazamas intent to allow for increased exposure to these resources within the
national and international travelling community, which will spread the word and share
our unique and regional products to a larger audience. Guests may also purchase goods
directly from local commercial operations and Terrebonne businesses.
2. A representative with the High Desert Food and Farm Alliance stated the following in
relation to the proposed project:
"Bend is becoming more and more known for being an
environment ripe for small businesses development. This
project as an invitation to expand that entrepreneurial culture
beyond Bend. This development is innovative because it
represents the intersection between preservation of working
landscapes, recreation, and small business development - all
moving pieces of the economic puzzle that our region values."
3. The subject property includes two soil types, classified by the United States Soil
Conservation Service, as noted on DIAL and confirmed with geotechnical investigations
conducted in the fall of 2015:
• 32A— Deschutes Sandy Loam, with bedrock at depth of 20 - 40 inches. Soil depth,
surface texture, and climate are listed as Major Management Limitations.
Approximately 74% of the subject parcel is listed as 32A soil type.
• 142B—Stukel-Rock outcrop, with bedrock at depth of 10 - 20 inches. Rock outcrop,
surface texture, soil depth, permeability, and climate are listed as Major
Management Issues. Approximately 26% of the subject property is listed as 142 B
soil type.
8.
� ^ •. < Deschutes County GIS 1 USDA FSA, Di9,taiGlabe, GeoEye, Microsoft `_
Diagram from DIAL illustrating the extent of soil types on the subject property
Page 9 of 10 02/21/2018
Deschutes County Board of Commissioners
Appeal Hearing— Rebuttal Second Round: Modification Hearing
MAZAMAS FOUNDATION
File#247-17-000319-CU, 320 -SP, 321 -CU
4. The subject property is listed as 2.2 acres, with an easement along the east property line
for a private drive, Smith Rock Loop, reducing the total property area to 1.97 acres.
Approximately 74% of the subject property is soil type 32A, with the remaining 26% of
the subject property area listed as soil type 142B.
5. Due to the subject property's adjacency to Smith Rock State Park, the Applicant feels
the most compatible use is to develop a restorative landscaping strategy, in harmony
with the parklands across Crooked River Drive. The submitted Landscape Architectural
design plans propose a completely native landscape architecture. The Hearings Officer
applied a condition of approval that the Mazamas Foundation contract for a 3 -year
implementation and management strategy to ensure establishment of the landscape
plan. The Applicant believes this collaborative, local, relationship will benefit the project,
the park, and the neighbors.
VIII. Conclusion
Page 10 of 10
The applicant believes it has fully satisfied all of the Deschutes County conditional use criteria to
develop a bed and breakfast inn and walk-in campground. It has taken extraordinary measures
to be transparent with community members and address their concerns as well to propose
alternatives to the original site plan to further ensure that the operation does not negatively
impact the community. The Mazamas have a longstanding track record of environmental
stewardship, advocacy, volunteerism, community and education and we look forward to
demonstrating that we will be an asset to the Terrebonne community if given the opportunity.
02/21/2018
Deschutes County Board of Commissioners
Appeal Hearing — Rebuttal Second Round: Modification Hearing
MAZAMAS FOUNDATION
File#247-17-000319-CU, 320 -SP, 321 -CU
BLANK PAGE
EXHIBIT E
February 22-28, 2018
3rd Round: Ap
plicant Final Legal Argument
BLANK PAGE
From:
To:
Cc:
Subject:
Date:
Attachments:
Hi Anthony,
David Byrne
Anthony Raauine.
Teresa Briaht; Liz Fancher
MRSR - final argument
Wednesday, February 28, 2018 3:08:08 PM
MRSR Final Araument Modification Hearina.odf
Please find attached our final argument narrative: MRSR_Final Argument_Modification
Hearing.pdf
Thanks, David
THE MAZAMAS
FOUNDATION
MAZAMA RANCH AT SMITH ROCK - New Bed & Breakfast and Walk-in Campground
Deschutes County Board of Commissioners
Appeal Hearing (Modification): Final Argument
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 28, 2018
In support of their proposed project, the Mazamas Foundation offers their Final Argument for the Board's
consideration.
I. Compatibility with current uses
1. The fundamental purpose of the Mazamas' proposed bed and breakfast inn and walk-in
campground is to house and accommodate people: visitors of Smith Rock State Park. The
surrounding area is dominated by the 651 -acre park and its estimated 750k — 1M annual
visitors. In addition to the park use, residential uses include single-family dwellings, small-
scale grazing operations, a 30 -unit mobile home park, vacation rentals, farms hosting large-
scale tourist events, and home-based businesses.
2. Guests of the proposed bed and breakfast inn and walk-in campground will generally follow
similar daily patterns as area residents: activity during the day and rest and sleep in the
evenings and at night. Because campfires are not allowed, and because the property is fully
shaded by 7:30pm at the summer solstice, guests will likely congregate indoors in the
evenings and / or retire early. The Mazamas have a multi -layer noise mitigation strategy
that will prevent or minimize disturbances should they occur, and these strategies have
been described in detail to community members and to the County throughout the land use
process. These strategies were enhanced with the recent site plan modification.
3. The campground will follow similar seasonal patterns as the Park, with less visitors in the
colder months and on the weekdays, and more visitors in the warmer months and on the
weekends. The guests of the bed and breakfast inn and walk-in campground will be a very
small percentage of the existing Park visitors.
4. The bed and breakfast inn is of residential scale. The proposed single-family dwelling will be
2,200 square feet and will represent approximately 40% less onsite massing compared to
the property's existing condition.
5. The bed and breakfast inn and walk-in campground are compatible with the Park in the
OS&C zone, and it will serve the park use that adjoins it. The campground is contiguous to
the Park as required by code. The Park has co -existed with residential uses in the area for
over 50 years.
I1. Setbacks
1. Setback waivers are allowed by DCC 18.128.320, with appropriate mitigation. The proposed
site configuration, as modified and submitted to the record as Exhibit A: Site Plan Diagram,
January 17, 2018, provides additional enhancements to the configuration that was approved
by the Hearings Officer. These enhancements provide greater acoustical control in all areas,
additional visual screening and privacy, and a reduction in the developed area on the site.
2. The campground will not be visible from the property lines. An acoustical analysis
completed and submitted to the record by a licensed acoustical engineer provided evidence
that the estimated cumulative noise levels at all property lines are well below DEQ
maximum thresholds. These factors demonstrate that the proposed setbacks are suitable
for the proposed uses on the subject property. Therefore, the criteria for the campground
setback waivers have been met. (See Appendix - Exhibit Summary: Previous evidence
demonstrating compliance with setback waiver criteria)
3. Context is important in land use planning, code interpretation and code application. Each
project in Deschutes County is unique due to its context. The Applicant has developed low
impact, affordable overnight lodging accommodations that are suitable for the site and
context within the provisions in DCC 18.128.320.
4. The proposed project's estimated number of overnight guests will be very small compared
to the total number of visitors to Smith Rock State Park-- less than 1%. In the context of
Smith Rock State Park and the neighborhood it will have a very small impact. The walk-in
campground has been designed for sleeping accommodations, with communal and service
areas integrated within the bed and breakfast and / or centralized on the site.
5. Upholding the Hearings Officer's decision to grant one Landscape Management Zone
setback waiver and one MUA10 Zone setback waiver will not establish precedent. This has
been confirmed by LUBA and evidence supporting this was submitted to the record in detail,
including case law reference, by the Applicant as: Appeal Hearing — Post Hearing First
Round Evidence narrative, Item V, January 10, 2018.
III. Definition of a Bed & Breakfast Inn / Campers Day -use of the Building
1. The proposed bed and breakfast inn meets Deschutes County's definitions (18.04.030) of
"Bed and Breakfast Inn", "Single-family", and "Dwelling".
2. The Applicant worked with County planning staff to ensure compliance within the intent of
Oregon Administrate Rule (OAR) 333-031-0062, Special Rules for Overnight Campgrounds,
and how it applies to the low impact, suitable development on the subject property. This
OAR outlines the requirements for a traditional pull -in and RV campground, which has a
much higher impact than the proposed project. The Hearings Officer affirmed this
interpretation of OAR 333-031-0062.
Page 2 of 7 02/28/2018
Deschutes County Board of Commissioners
Appeal Hearing — Final Argument
MAZAMAS FOUNDATION
File#247-17-000319-CU, 320 -SP, 321 -CU
3. The daytime use of the bed and breakfast inn by campground guests is not prohibited in the
following OARs that govern bed and breakfast inns and campgrounds:
333.029 Travelers' Accommodations Rules
333.030 Organizational Camp Rules
333-31.1 Operation and Maintenance of Recreation Parks
333-170.1 Bed and Breakfast Facilities
4. The definitions cited by Ms. Gibson (ORS 699.005, ORS 624.046) and submitted to the
record as "REASONS TO DENY PERMITS" are not approval criteria for the Mazamas
application because they are not adopted as a part of Deschutes County's zoning ordinance.
IV. Deschutes County Comprehensive Plan
"The purpose of the Deschutes County Comprehensive Plan is to provide a blueprint for land use
conservation and development...based on existing conditions and trends, community values and
the statewide planning system." Its policies and descriptions are not land use approval criteria.
The proposed project supports goals outlined in Chapter 3, Rural Growth Management.
Neighbor testimony incorrectly stated that the proposed project does not comply with goals
outlined in Appendix A of the Deschutes County Comprehensive Plan, Terrebonne Community
Plan. The subject parcel is outside of the Terrebonne Comprehensive Plan area. (Note:
"Terrebonne Community Plan" and "Terrebonne Comprehensive Plan" are both used in County
documents.)
1. Chapter 3, Rural Growth Management:
The proposed project supports Section 3.8, Rural Recreation, of the Deschutes County
Comprehensive Plan, specifically as it relates to "outdoor recreation" as described in the
introduction as follows:
Background
Recreation is an important quality of life issue for Deschutes County and recreational tourism is
an important part of the economy (see Section 3.4). Both residents and visitors are drawn by
the extensive public lands, seasonal climate and wide variety of activities and settings.
Recreation opportunities include places set aside for specific activities such as campgrounds or
sports fields as well as passive spaces such as natural areas. The primary focus of recreation in
rural Deschutes County is outdoor recreation.
The proposed project also supports three of the five improvement projects identified by the
Deschutes County Committee on Recreation Assets, also included in Section 3.8 and
highlighted below.
Page 3 of 7 02/28/2018
Deschutes County Board of Commissioners
Appeal Hearing — Final Argument
MAZAMAS FOUNDATION
File#247-17-000319-CU, 320 -SP, 321 -CU
Recreational Trends
As of 2009 there were two groups working on separate aspects of recreation planning.
Ad Hoc Committee on Recreational Assets: This committee was created in 2007 to promote
economic development, local quality of life and health and wellness. County Commissioner
Tammy Baney was co-chair of this committee. The committee identified and prioritized specific
improvement projects that will enhance the County's recreational assets based on the following
principles:
• Restore healthy forests in the area bounded by the Deschutes River, Elk Lake and Skyline
Forest;
• dispersed recreation to diverse activities and skill sets;
• Promote connectivity between towns;
• Leverage project investment with user group contributions;
• Coordinate with the Trust for Public Lands.
In addition to providing public health and economic benefits through the proposed project,
the Mazamas collaborate with federal, state and local agencies as well as stakeholder
groups and recreation -based companies. By having a local presence, the Mazamas will
serve as a conduit for communication, and advocate for recreational planning. To support
the growth associated with local and regional recreational trends, the Mazamas can utilize
their non-profit status to assist in leveraging project investments and resources.
2. Appendix A, Terrebonne Community Plan
The Terrebonne Community Plan applies only to the rural community of Terrebonne. The
limits of the Terrebonne Community Plan, defined as the Terrebonne Rural Community
Zoning District, is focused on 798 parcels along Highway 97 (see maps below). The subject
parcel is located within the "service area" of the Terrebonne Community Plan, meaning that
uses within Terrebonne are intended to serve the community and surrounding rural area.
However, the subject parcel is outside of the Terrebonne Rural Community Zoning District,
and the provisions of DCC 18.66 do not apply. The Terrebonne Rural Community Zoning
District does not include Smith Rock State Park, MUA-10 zoned lands, or EFU zoned lands
near or on the way to Smith Rock State Park.
Page 4 of 7 02/28/2018
Deschutes County Board of Commissioners
Appeal Hearing — Final Argument
MAZAMAS FOUNDATION
File#247-17-000319-CU, 320 -SP, 321 -CU
Subject property
Limit of
Terrebonne
Community
Plan
city of
Redmond
Terrebonne Vicinity Map
Vicinity Map, Terrebonne Community Plan, page 2
V. Precedent
Terrebonne Comprehensive flan
Plan Districts, Terrebonne Community Plon, page 10
1. A primary objection of most community members who oppose the project is a concern of
precedent -- allowing the Mazamas to operate a bed and breakfast inn and walk-in
campground will set a precedent for future development in the area. The Terrebonne
Neighborhood Alliance (TNA) has expressed this concern specifically related to
commercialization of the area. (The TNA was formed at the request of the Oregon Parks
and Recreation Department following the October 2017 Smith Rock State Park Master
Planning meetings to improve communication between the neighbors and the Park.)
2. In prior testimony, the Applicant provided evidence that various types and scales of
commercial and for-profit entities exist within the immediate community. The Applicant
believes that the most beneficial use of the subject property is to support local and regional
recreation with a small-scale and low -impact development.
3. LUBA has said that Oregon's land use system is "unsuited" for the application of precedent.
Land use decisions must be based on applicable approval criteria. Prior land use decisions
are not applicable approval criteria. Deschutes County has full jurisdiction and control over
land use approvals and can eliminate any influence of precedent in future land use decisions
in Deschutes County. Current and future land use proposals should not be judged based on
the County's concerns that the County may consider precedent in future land use cases. An
extensive discussion of precedent related to land use decisions was submitted to the record
by the Applicant: Appeal Hearing — Post Hearing First Round Evidence narrative, Item V,
January 10, 2018.
Page 5 of 7
02/28/2018
Deschutes County Board of Commissioners
Appeal Hearing — Final Argument
MAZAMAS FOUNDATION
Filetl247-17-000319-CU, 320 -SP, 321 -CU
VI. Conclusion
1. The Mazamas' proposal has been consistent and predictable throughout the land use
process. The Mazamas have worked diligently to develop solutions to address concerns,
and to provide assurance that the facility will be managed to avoid disturbances to the
community. Most opponents live on properties that are over .5 miles of the subject
property. Properties along Crooked River Drive and Smith Rock Loop are already heavily
impacted by the Park. The impact on the area will not change based on approval or denial
of the Mazamas' project.
2. Deschutes County has not located and approved a campground since the campground
specific rules were adopted in 1991 because no applications for campgrounds have been
submitted. The bed and breakfast inn and small walk-in campground uses are undoubtedly
less profitable than other typical commercial uses allowed outright or conditionally in the
MUA-10 and EFU zones. The Board of County Commissioners has an opportunity to approve
a land use that supports the recreational industry in Deschutes County; a rare application for
a bed and breakfast inn and small walk-in campground, and one operated by an Oregon -
based non-profit whose primary mission is to educate, advocate and preserve.
3. The Mazamas have strived to be good neighbors throughout the land use process, beginning
with voluntarily community meetings as early as 2013. If the project's approval is upheld,
the Mazamas will continue an open dialog with area residents regarding the campground's
implementation schedule, that will coincide with the establishment of the site's screening
and buffering features.
4. The Applicant has met the approval criteria for the bed and breakfast inn and walk-in
campground, including the criteria for the setback waivers. The Mazamas Foundation
respectfully requests that the Board of County Commissioners uphold the approval of the
proposed bed and breakfast inn and campground as proposed with modifications.
Page 6 of 7 02/28/2018
Deschutes County Board of Commissioners
Appeal Hearing — Final Argument
MAZAMAS FOUNDATION
File#247-17-000319-CU, 320 -SP, 321 -CU
Appendix - Exhibit Summary: Previous evidence demonstrating compliance with setback waiver
criteria
1. Graphics illustrating compliance with setback waiver criteria:
• Exhibit A: First Round Post Modification Hearing, February 14, 2018
o Cross sections illustrate the proposed screening strategies, which are consistent
with man-made and natural features found throughout Central Oregon
• Exhibit F: Street View from Crooked River Drive Rendition, February 7, 2018
o Demonstrates the walk-in campground and Outdoor Gathering Area are adequately
screened and buffered.
• Exhibit J: Existing Structures Along Crooked River Drive, February 7, 2018
o Illustrates the various setbacks to existing structures; provides context to the
development along the roadway.
• Exhibit G: Street View from Smith Rock Loop Rendition, February 7, 2018
o Demonstrates the walk-in campground and Outdoor Gathering Area are adequately
screened and buffered from the private road and the mobile home park.
• Exhibit H: Cross Section: Smith Rock Loop & Berm Profile - Proposed, February 7, 2018
o Demonstrates the walk-in campground is adequately screened with grading and
screening elements.
Exhibit I: Cross Section: Campground and Acoustical/Visual - February 7, 2018
o Illustrates the relocated acoustical/visual screen and distance to TL801 to the south.
2. Written evidence / testimony describing compliance with setback waiver intent:
• Exhibit K, Supplemental Evidence: Setback Waivers, February 7, 2018
• Exhibit L, Applicant's Response to Community Concern with Document of Record &
Condition of Approval, February 7, 2018
Page 7 of 7 02/28/2018
Deschutes County Board of Commissioners
Appeal Hearing — Final Argument
MAZAMAS FOUNDATION
File#247-17-000319-CU, 320 -SP, 321 -CU
EXHIBIT F
Hearings Officer Decision
BLANK PAGE
FILE NUMBER:
HEARINGS OFFICER DECISION
247 -17 -000319 -CU
247 -17 -000320 -SP
247 -17 -000321 -CU
APPLICANT: Mazamas Foundation
OWNER: John R. Creager
REQUEST: Conditional use permits and site plan review to establish a bed
and breakfast inn, and a campground.
STAFF CONTACT: Anthony Raguine, Senior Planner
PUBLIC HEARING DATE: August 8, 2017
HEARINGS OFFICER: Dan R. Olsen
SUMMARYOF DECISION: Approved with conditions
I. APPLICABLE CRITERIA:
Title 18 of the Deschutes County Code, the County Zoning Ordinance
Chapter 18.32, Multiple Use Agricultural - MUA10
Chapter 18.84, Landscape Management Combining Zone - LM
Chapter 18.90, Sensitive Bird and Mammal Habitat Combining Zone - SBMH
Chapter 18.116, Supplementary Provisions
Chapter 18.124, Site Plan Review
Chapter 18.128, Conditional Uses
Title 15 of the Deschutes County Code, Building and Construction
Chapter 15.08, Signs
Title 22, Deschutes County Development Procedures Ordinance
II. BASIC FINDINGS: Except as indicated by "Hearings Officer", this decision incorporates
and adopts the Staff Report as stated below, with minor edits.
A. LOCATION: The subject property has an address of 10050 NE Crooked River Drive,
Terrebonne, and is further identified as tax lot 800 on County Assessor map 14-13-11 D.
B. ZONING: The property is zoned MUA10. The property is within the LM Combining Zone
associated with NE Crooked River Drive and Crooked River, and the SBMH Combining
Zone associated with a prairie falcon nest. It is designated rural residential exception
area by the Deschutes County Comprehensive Plan.
C. LOT OF RECORD: The subject property is Parcel 1 of partition plat PP2017-10 (County
Surveyor number CS19342) and is, therefore, a legal lot of record.
D. SITE DESCRIPTION: The property is 2.5 acres in size and is triangular in shape. The
property has frontage on both NE Crooked River Drive and NE Smith Rock Loop.
Development on-site consists of a single-family dwelling (manufactured home), barn,
and storage shed. The undeveloped portions of the site appear to be irrigated pasture.
E. PROPOSAL: Conditional use permits and site plan review to establish a bed and
breakfast inn (B&B), and a campground. The applicant also proposes to replace the
existing dwelling on-site for the B&B use.
The B&B will consist of a 2,200 -square -foot, single -story dwelling, with 1 owner bedroom
for Mazamas staff and 3 guest rooms for a maximum of 8 guests. It will include a
covered outdoor dining space and an outdoor gathering space adjacent to the dwelling.
The campground will include 6 campsites with 2 tent sites within each campsite, for a
total of 12 tent sites. The applicant proposes a maximum occupancy of 24 people in the
campground.
The proposal also includes 17 paved parking spaces, 4 bicycle parking spaces,
decomposed granite pedestrian walkways, composting toilet in the campground area,
pump house, 2 condensing units and landscaping.
Hearings Officer: As noted below, the applicant subsequently proposed various
alternative campground configurations one of which involves reducing the number of
campers to 20.
F. SURROUNDING LAND USE: The property's northwest property line is NE Crooked
River Drive. The property's northeast and east property lines are NE Smith Rock Loop.
Approximately 60 feet to the northeast is Smith Rock State Park (Park) on land zoned
Open Space & Conservation (OS&C). Immediately across NE Crooked River Drive are
parking spaces associated with the Park. Approximately 60 feet to the northeast, across
NE Smith Rock Loop, is the Smith Rock Mobile Estates manufactured home park on
land zoned MUA10.To the northeast, east and south are MUA10-zoned lands developed
with single-family dwellings and agricultural uses consisting primarily of livestock and
horses with associated pastures.
G. PROCEDURAL HISTORY AND REVIEW PERIOD: The applications were submitted on
April 21, 2017. On May 20, 2017, staff mailed Incomplete Letter detailing additional
information necessary to complete review. On June 19, 2017, the applicant submitted
the requested information and the applications were deemed complete on that date. As
of the day of the hearing on August 8, 2017, a total of 105 days remain in the 150 -day
land use clock.
A notice of the applications was mailed on April 28, 2017. The applicant submitted a
Land Use Sign Affidavit indicating the land use action sign was posted on the property
on May 1, 2017. Notice of the public hearing was mailed to parties of record on July 12,
2017, and published in The Bulletin on July 16, 2017.
Hearings Officer: The applicant joined in on the request for continuance and did not
waive final written rebuttal. Accordingly, by my calculation 83 days remain on the 150 -
day decision clock.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 2
H. PUBLIC AGENCY COMMENTS: The following public agency comments were received
in response to the notice of application.
Deschutes County Buildina Division. The Deschutes County Building Safety Divisions
code mandates that Access, Egress, Setbacks, Fire & Life Safety, Fire Fighting Water
Supplies, etc. must be specifically addressed during the appropriate plan review process
with regard to any proposed structures and occupancies. Accordingly, all Building Code
required items will be addressed, when a specific structure, occupancy, and type of
construction is proposed and submitted for plan review.
Deschutes County Environmental Soils Division. The proposed campground and bed &
breakfast at the above property will require a detailed onsite wastewater review process
and may require a construction -installation permit to upgrade the system. The change in
use and increase in potential flows to the system could result in the need for an
advanced treatment system or a Water Pollution Control Facility permit issued by
Oregon Department of Environmental Quality.
Deschutes County Health Department. The proposed bed & breakfast accommodation
and the proposed campground will need to follow the Oregon Administrative Rules 333,
Division 31 rules for operating the recreation camp ground and Oregon Administrative
Rules 333, Division 29 rules for operating the Travelers Accommodation.
The proposed traveler's accommodations for the park property will need to;
• Complete the Deschutes County Environmental Health Plan Review prior to
beginning construction of the hotel and campground, and,
• Before opening for public use the facilities will need to pass an opening
inspection and secure a pool operating license from the Deschutes County
Environmental Health Division.
Information on the Public Health Plan Review can be found on our web page at
httos://www.deschutes.ora/health/aaae/tourist-facilities, or by contacting the Health
Department.
If the facility will supply water to 10+ people/day at least 60 days/year it's considered a
public water system and would need to be added to the inventory. They would be a
transient non -community system and need plan review, well approval, testing, etc. If it's
only the B and B and less than 10 people, we don't add them to the inventory, but we
still require them to submit quarterly coliform samples and annual nitrate.
On May 2, 2017, in response to planning staff's clarification of the proposed use, the
Health Department provided the following link for drinking water plan review
requirements:
http://public. health .oregon.qov/HealthvEnvironments/DrinkingWater/Plan Review/Docum
ents/PR Requirements.pdf
Hearings Officer: The applicant is not proposing a pool.
Deschutes County Environmental Soils Division. Based on the information provided, this
facility will require a Water Pollution Control Facility permit from Oregon Department of
Environmental Quality.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 3
Deschutes County Road Department. All parking must be accommodated on-site. No
street parking for the proposed uses is allowed.
Deschutes County Senior Transportation Planner.
Hearings Officer: The staff report reflects some disagreement between the applicant
and staff regarding traffic impacts, particularly regarding occupancy assumptions. In a
June 21, 2017 email, however, Peter Russel, Sr. Transportation Planner confirmed that
the applicant had submitted a revised Traffic Report dated June 14, 2017 that addressed
all of his concerns. The study was revised to assume 100% occupancy of the tent sites
(Category 416 Campground/RV Park) and uses the LU 320 Motel category from the ITE
for the bed and breakfast.
As I understand it, the proposal as originally submitted is estimated to generate 59 new
daily trips, with five weekday PM peak hour trips. It appears that the SDC rate may have
increased since the date of the email. That number may be reduced given that I am
reducing the number of tents by two. In any event, the SDC due is the rate times the five
weekday PM trips. The SDC is due prior to issuance of a certificate of occupancy; if a
certificate of occupancy is not applicable, the SDC is due within 60 days of a land use
decision approving the development becoming final. A number of persons have raised
concerns about traffic impacts, but no contradictory study or analysis was submitted.
The traffic concerns are addressed later in this decision.
Redmond Fire & Rescue Department. If there are questions regarding Fire Code issues,
please contact the Redmond Fire and Rescue Deputy Fire Marshal at 541-504-5016 or
email at clara.butler c(�.redmondfireandrescue.orq.
If reviewed under the Following:
ORSC - The following is a recommendation.
OSSC — The following is required.
WATER
• Fire Safety during Construction — 2014 OFC Chapter 33
• Approved fire department access roads, required water supply, fire hydrants, and
safety precautions shall be made available as soon as combustible material
arrives on site.
Area without Fire Hydrants:
• NFPA 1142 Requirements
• If the structure is being built in an area without a public water supply
system, then the water flow requirements will come from NFPA 1142.
• Note: The following information will need to be provided in order to
determine accurate water flow requirements.
➢ 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
• Structures with Automatic Sprinkler systems — 2012 NFPA 1142 Chapter 7
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 4
■ 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
or NFPA 13D
ACCESS
• Premises Identification — 2014 OFC 505.1
■ 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 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 .5 "stroke width.
■ Note: The street names shall follow the City of Redmond or Deschutes
County grid names and numbers.
• Note: Green address signs for addresses in the county are available for
$10.00 from Redmond Fire & Rescue. Please call 541-504-5000 to have
one ordered and posted.
• Required Access — 2014 OFC 504.1
■ Exterior doors and openings shall be made readily accessible for
emergency access by the fire department. An approved access walkway
leading from fire apparatus access roads to exterior openings shall be
provided.
• Fire Apparatus Access Roads — 2014 OFC Section 503 & Appendix D
• Fire apparatus access roads shall extend to within 150 ft. of all portions of
the building as measured by an approved route around the exterior of the
building.
• Fire apparatus access roads shall have an unobstructed width of not Tess
than 20 feet and an unobstructed vertical clearance of not less than 13
feet 6 inches.
• Fire apparatus roads shall be designed and maintained to support the
imposed loads of 70,000 lbs. and shall be surfaced so as to provide all-
weather driving capabilities.
The required turning radius of a fire apparatus access road shall be 30
feet inside and 50 feet outside.
The grade of the fire apparatus access roads shall be within the limits
established by the fire code official (10%).
• Fire Lanes — 2014 OFC 503.3 & Appendix D
Approved signs or other approved notices shall be provided for fire
apparatus access roads to identify such roads or prohibit the obstruction
thereof. Such signs or notices shall be kept in legible conditions at all
times. The stroke shall be 1 inch with letters 6 inches high and read "No
Parking Fire Lane". Spacing for signage shall be every 50 feet.
Recommended to also (in addition to Fire lane signs) paint fire lane curbs
in bright red paint with white letters.
Appendix D Section 103.6.1 Roads 20-26 Ft. Wide: Shall have Fire Lane
signs posted on both sides of a fire lane.
Appendix D Section 103.6.2 Roads more than 26 Ft. Wide: Roads 26-32
ft. wide shall have a Fire Lane signs posted on one side of the road as a
fire lane.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 5
• Dead -Ends — 2014 OFC 503.2.5
• Dead-end fire apparatus access roads in excess of 150 feet in length
shall be provided with an approved area for turning around fire apparatus.
Contact Redmond Fire & Rescue for requirements.
• D 103.4 Table: Length of Dead end: greater than 500 ft. shall meet the
turnaround requirements and the width of the road shall be a minimum of
26 ft. clear for fire apparatus.
• Additional Access — 2014 OFC 503.1.2
• The fire code official is authorized to require more than one fire apparatus
access road based on the potential for impairment of a single road by
vehicle congestion, conditions or terrain, climatic conditions or other
factors that could limit access.
• Emergency Access Road Gates — 2014 OFC Appendix D 103.5
• Minimum 20 feet wide.
• Gates shall be swinging or sliding type.
• Shall be able to be manually operated by one person.
• Electric gates shall be equipped with a means of opening by emergency
personnel & approved by fire official.
Locking devices shall be fire department padlocks purchased from A-1
Lock, Safe Co., Curtis Safe and Lock, on line at www.knoxbox.com, or
contact Redmond Fire & Rescue for an order form.
• Section 503.3: Install a sign on the gate "Emergency Access"
Central Oregon Irrigation District.
COID FACILITIES:
• COID has no facilities on subject's property
COID WATER RIGHTS:
Subjects property has 1.75 acres of COID water rights
Please contact COID concerning use of water rights
COID requests the drawing (dwg) files to determine irrigable land
An irrigation plan is required in order to retain water rights
COID GUIDELINE STATEMENT
• None
Oregon Department of Fish and Wildlife. Mazamas Foundation has submitted an
application for approval to establish a bed and breakfast inn, a campground, a parking
lot and pedestrian walkways to be located at 10050 NE Crooked River Drive,
Terrebonne, OR. Oregon Department of Fish and Wildlife (ODFW) Deschutes District
has reviewed the proposal and is basing the following comments on protection of Goal 5
resources and the standards and criteria in Deschutes County's Title 18 Chapter 18.90
Sensitive Bird and Mammal Habitat Combining Zone ordinance.
ODFW's records show that one peregrine falcon nest is located approximately 0.32
miles from the property boundary (Tax Lot 800) and seven golden eagle nests are
located between 0.44 and 0.87 miles. The peregrine falcon site is likely to be in direct
sight of the proposed development, as is all but one golden eagle nest site. That said,
based on the scope of the development, the level of current development at, and
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 6
surrounding Tax lot 800, and heavy recreational activity at Smith Rock State Park (with
trails that run within a few hundred feet of active nest sites), ODFW would not expect this
development to significantly increase the risk of raptor nest failure or abandonment.
The application states that "Evening quiet hours will begin at 9:00 pm, with `lights out' at
10pm." ODFW supports the implementation of these quiet hours as suitable actions to
control human disturbance outside of normal State Park hours. ODFW recommends that
the County stipulate these quiet hours as part of the approval process for this
development.
Oregon Park and Recreation Department. I reviewed the above referenced Notice of
Application, and found that the property does not fall within a designated State Scenic
Waterway section - so neither Deschutes County nor the applicant needs to coordinate
with us further on this application.
No comments were received from the following agencies. Deschutes County Assessor
and U.S. Fish and Wildlife Service.
1. LAND USE HISTORY: The property has been the subject of the following land use
decisions.
247 -16 -000729 -LR: The Planning Division determined the subject property was not a
legal lot of record.
247 -16 -000264 -FPA: Pursuant to ORS 92.176, the property owner validated the subject
property. Subsequently, the property was platted as Parcel 1 of partition plat PP2017-10.
J. HEARING and RECORD:
Hearings Officer: The public hearing commenced at 6:00 p.m. on August 8, 2017. I
provided the statutorily required statements regarding the rights of the parties. I indicated
that I had no conflicts of interest. I had no ex parte contacts. In addition to reading the
documents posted on the County's document site, I noted that I had conducted a brief
site visit. I drove along the subject property and got out of my car to view the property
from the road. I observed the general location, size and orientation. I observed the
Smith Rock Mobile Estates. I asked for but received no questions regarding my site visit
or any procedural or other objections to conducting the hearing.
There were several requests that the record be kept open, including from the applicant.
Accordingly, I established a 14 day initial period, followed by seven days for rebuttal and
seven days for applicant's final rebuttal. On August 9, I received via staff a request from
the applicant to extend the initial period to 21 days. I agreed, subject to the applicant
concurring in extending the second period to 14 days. Accordingly, on August 10, I
signed an order establishing the following open record periods:
•
•
•
First round of submittals to close at 5:00 p.m. on August 29, 2017
Second round (rebuttal to information provided in first round) to close at 5:00
p.m. on September 12, 2017
Applicants' rebuttal argument (unless waived) due at 5:00 p.m. on September 19,
2015.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 7
On September 12, the applicant attempted to submit additional information via email but
the information was not received by the County server until 5:16. The applicant withdrew
its request that the submittal be considered and I have not reviewed those items.
111 FINDINGS:
Title 18 of the Deschutes County Code
A. Chapter 18.32, Multiple Use Agricultural — MUA
1. Section 18.32.030. Conditional Uses Permitted.
I. Private parks, playgrounds, hunting and fishing preserves,
campgrounds, motorcycle tracks and other recreational uses.
U. Bed and breakfast inn.
FINDING: The applicant submitted conditional use applications to establish both a private
campground and a bed and breakfast inn. Deschutes County Code (DCC) 18.04.030 provides
the following definition of campground,
"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. A private campground may provide yurts for overnight
camping. The yurt shall be located on the ground or on a wood floor with no
permanent foundation. No more than one-third or a maximum of 10 campsites,
whichever is smaller, may include a yurt. Overnight temporary use in the same
campground by a camper or camper's vehicle shall not exceed a total of 30 days
during any consecutive 6 month period.
The applicant proposes a campground for overnight, temporary use for vacation and recreation
purposes. The subject property is contiguous to Smith Rock State Park. The campground as
originally proposed features 6 camp sites, each with 2 tent sites, for a total of 12 tent sites. As
discussed later, the applicant subsequently offered various modifications to the location of the
campsites and number of tent sites. No utility hook-ups or intensely developed recreational uses
such as swimming pools or tennis courts, or commercial activities such as retail stores or gas
stations, are proposed. The proposed bed and breakfast facility, however, includes interior and
exterior cooking areas and "gathering space". If the applications are approved, staff
recommends a condition of approval limiting overnight temporary use by a camper not to exceed
a total of 30 days during any consecutive 6 -month period.
Deschutes County Code (DCC) 18.04.030 provides the following definition of bed and breakfast
inn:
"Bed and breakfast inn" means a single family dwelling unit where lodging and
meals are provided for compensation, in which no more than three guest rooms
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 8
are provided for no more than eight guests. A guest shall not rent for a time
period longer than 30 consecutive days.
The applicant proposes to replace the existing single-family dwelling with a new single-family
dwelling consisting of 1 caretaker bedroom, 3 B&B guest bedrooms, 3 showers, dining room,
living room, kitchen, covered outdoor eating area, and outdoor gathering area. The Burden of
Proof states the 3 guest rooms will accommodate up to 8 guests for a duration of 30 days or
less. If approved, staff recommends a condition of approval limiting the B&B to no more than 8
guests at any time, with each guest limited to no more than 30 consecutive days.
Based on the above, the applicant's proposal meets the definitions of campground and bed and
breakfast inn.
Hearings Officer: Many of the commenters who object to the campground indicated that they
had no objection to the "bed and breakfast". Others argued that the two facilities constitute more
of a commercial use such as a hotel. Staff uses the "hotel" classification to address impacts
where there is no guidance regarding bed and breakfasts. I think there is a significant issue as
to whether the proposed building qualifies as a "bed and breakfast". The definition states that
"lodging and meals are provided for compensation". (Emphasis added) I have seen nothing in
the submittal indicating that the facility intends to provide any meals. Perhaps it is implicit; in any
event this can be solved by a condition of approval requiring that breakfast be provided to
guests of the dwelling.
Another issue is whether the proposed structure is a single family dwelling unit. The Code
defines "Dwelling, single family" as a detached building containing one dwelling unit and
designed for occupancy by one family only. "Dwelling unit means one or more rooms in a
building designed for occupancy by one family and having not more than one cooking area or
kitchen." Occupancy is not defined. Cf. Chapter 4.08.050 (lodging or sleeping purposes).
"Family" is defined to include a group of five unrelated persons living together as one
housekeeping unit using a common kitchen." Of course, in reality there are many "single family"
homes that are much larger than what is proposed, with more residents, bedrooms and multiple
kitchens, including commercial type kitchens and outdoor kitchens. So in application "single
family dwelling" seems to have little meaning in the context of a bed and breakfast. It appears
that a bed and breakfast may have up to 8 overnight guests in addition to the "family" (i.e. on-
site staff residents) and only one kitchen facility.
The proposal is for no more than three rooms and eight guests. Unless a meal is provided, it
appears more like a "boarding house" which is a building where "meals or lodging" are provided
for compensation for more than four persons. Neither hotel/motels nor boarding houses are
allowed in the MUA zone. The limitation on guests for a bed and breakfast applies only to
overnight lodgers, so does not appear to preclude additional guests, i.e. the campers, using the
kitchen or bathroom facilities.
Although some commenters suggested that the proposed structure does not look like a
dwelling, it meets all dimensional standards and at 2000 square feet +/- is smaller than many
dwellings and only 10% larger than the existing dwelling.
On balance, I find that the proposal qualifies as a single family residential bed and breakfast inn
provided the applicant complies with the following conditions of approval:
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 9
• Breakfast must be provided daily for overnight lodgers of the inn at no extra
charge. No other meals are permitted and meals may not be provided to any
persons other than overnight lodgers in the bed and breakfast.
• No food or beverage items may be sold on the subject property.
• Only one kitchen is permitted, which must be in the structure. This does not
preclude a barbecue, sink or the outdoor use of gas stoves on the concrete patio.
2. Section 18.32.040. Dimensional Standards.
In an MUA Zone, the following dimensional standards shall apply:
D. Building height. No building or structure shall be erected or
enlarged to exceed 30 feet in height, except as allowed by DCC
18.120.040.
FINDING: Per the Burden of Proof statement, the highest potential point' of the structure would
be the chimney. According the exterior elevations plan, the chimney would be approximately 26
in height. This criterion will be met.
3. Section 18.32.050. Yards.
A. The front yard setback from the property line shall be a minimum of
20 feet for property fronting on a local street right of way, 30 feet
from a property line fronting on a collector right of way, and 80 feet
from an arterial right of way unless other provisions for combining
accesses are provided and approved by the County.
B. Each side yard shall be a minimum of 20 feet. For parcels or lots
created before November 1, 1979, which are one-half acre or less in
size, the side yard setback may be reduced to a minimum of 10 feet.
For parcels or lots adjacent to property receiving special
assessment for farm use, the adjacent side yard for a dwelling shall
be a minimum of 100 feet.
C. Rear yards shall be a minimum of 25 feet. Parcels or lots with rear
yards adjacent to property receiving special assessment for farm
use, the rear yards for a dwelling shall be a minimum of 100 feet.
D. The setback from the north lot line shall meet the solar setback
requirements in DCC 18.116.180.
E. In addition to the setbacks set forth herein, any greater setbacks
required by applicable building or structural codes adopted by the
State of Oregon and/or the County under DCC 15.04 shall be met.
FINDING: The subject property has frontage on NE Crooked River Drive, which is classified as
a collector requiring a 30 -foot front yard setback from NE Crooked River Drive. The property
also has frontage on NE Smith Rock Loop, which is classified as a local road requiring a 20 -foot
front yard setback from NE Smith Rock Loop. The remaining south property line is the rear
property line. Pursuant to criterion (C), the rear yard setback for a dwelling is 25 feet and
increases to 100 feet for dwellings if the adjacent property is receiving special assessment for
1 The floor plan and exterior elevations indicate a "potential fireplace." For the purposes of this review,
staff uses this highest potential point of the structure, the chimney, for all height calculations, including the
required height calculation in the LM Combining Zone.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 10
farm use. The adjacent property to the south, the Gibson property, is not receiving special
assessment for farm use. Therefore, the required rear yard setback is 25 feet for all structures.
For the purposes of this review, staff finds the subject property has no side property lines.
Based on staff's review of the architectural site plan, the closest structure to NE Crooked River
Drive will be the replacement dwelling (B&B) at approximately 102 feet. The closest structure to
NE Smith Rock Loop will be the composting toilet at approximately 120 feet. The closest
structure to the south property line will be the replacement dwelling at approximately 45 feet.
Staff finds the proposal will meet all required yard setbacks.
Solar setbacks are measured from north property lines2 as defined in DCC 18.04. Based on
staff's review of partition plat PP2017-10, only the segment of NE Smith Rock Loop frontage
beginning at the intersection with NE Crooked River Drive and terminating 269.93 feet to the
southeast, is a north property line. The tallest proposed structure is the replacement dwelling at
approximately 26 feet tall, requiring a solar setback of 51 feet. As proposed, the replacement
dwelling will observe a setback of approximately 150 feet from NE Smith Rock Loop. The
required solar setback will be met.
The Building Division did not identify any greater setbacks required by applicable building or
structural codes. Any greater such setbacks will be addressed during building permit review.
B. Chapter 18.84, Landscape Management Combining Zone — LM Zone
1. Section 18.84.020. Application of Provisions.
The provisions of this chapter shall apply to all areas within one-fourth mile
of roads identified as landscape management corridors in the
Comprehensive Plan and the County Zoning Map. The provisions of this
chapter shall also apply to all areas within the boundaries of a State scenic
waterway or Federal wild and scenic river corridor and all areas within 660
feet of rivers and streams otherwise identified a landscape management
corridors in the comprehensive plan and the County Zoning Map. The
distance specified above shall be measured horizontally from the
centerline of designated landscape management roadways or from the
nearest ordinary high water mark of a designated landscape management
river or stream. The limitation in this section shall not unduly restrict
accepted agricultural practices.
FINDING: Both the Crooked River and NE Crooked River Drive are identified on the County
Zoning Map as landscape management features. Therefore, the provisions of this chapter
apply. Staff notes the LM Zone associated with the Crooked River only covers the northwestern
portion of the property. Based on staffs review of the LM Zone in relation to the site plan, staff
finds all structures will be sited outside of the Crooked River LM Zone. For this reason, staff
analyzes compliance with the LM Zone only with respect to NE Crooked River Drive.
2 "North lot line" means a lot line that requires solar access protection, as specified in DCC 18.116.180,
that is 45 degrees or more from a north south axis as determined by a metes and bounds description
established on a County Assessor's tax lot map, verified by a survey filed with the County Surveyor or
established by an official plat recorded in the County Clerk's Office. If more than one north lot line exists
for a parcel or lot, solar protection shall be required for each line and the most restrictive solar setback
must be met.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 11
2. Section 18.84.040. Uses permitted conditionally.
Uses permitted conditionally in the underlying zone with which the LM
Zone is combined shall be permitted as conditional uses in the LM Zone,
subject to the provisions in DCC 18.84.
FINDING: The proposed B&B and campground are permitted conditionally in the underlying
MUA10 Zone and are, therefore, allowed conditionally in the LM Zone.
3. Section 18.84.050. Use Limitations.
A. Any new structure or substantial alteration of a structure requiring a
building permit, 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 alteration consists
of an alteration which exceeds 25 percent in the size or 25 percent of
the assessed value of the structure.
FINDING: The applicant proposes a replacement dwelling that requires a building permit.
Therefore, approval in accordance with DCC 18.84 is required. The proposed pump house and
composting toilet will not require building permits.
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.
FINDING: Based on a staff site visit and the submitted application materials, the proposed
replacement dwelling will be visible, to varying degrees, from NE Crooked River Drive.
Therefore, the provisions of DCC 18.84.080 (Design Review Standards) and DCC 18.84.090
(Setbacks) apply.
4. Section 18.84.080. Design Review Standards.
The following standards will be used to evaluate the proposed site plan:
A. Except as necessary for construction of access roads, building
pads, septic drainfields, public utility easements, parking areas, etc.,
the existing tree and shrub cover screening the development from
the designated road, river, or stream shall be retained. This
provision does not prohibit maintenance of existing lawns, removal
of dead, diseased or hazardous vegetation; the commercial harvest
of forest products in accordance with the Oregon Forest Practices
Act, or agricultural use of the land.
FINDING: Based on staff's review of the landscape plan, a number of trees will be retained on-
site. If approved, staff recommends a condition of approval to ensure compliance.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 12
B. It is recommended that new structures and additions to existing
structures be finished in muted earth tones that blend with and
reduce contrast with the surrounding vegetation and landscape of
the building site.
FINDING: The applicant proposes to use wall finishes consisting of red cedar siding, non -
reflective grey stucco or cement board, and non -reflective grey flashing and windows. Staff finds
these colors and finishes will blend with the surrounding vegetation and landscape. This
criterion will be met.
C. No large areas, including roofs, shall be finished with white, bright
or reflective materials. Roofing, including metal roofing, shall be
non -reflective and of a color which blends with the surrounding
vegetation and landscape. DCC 18.84.080 shall not apply to attached
additions to structures lawfully in existence on April 8, 1992, unless
substantial improvement to the roof of the existing structure occurs.
FINDING: The applicant is not proposing any large areas finished with white, bright, or reflective
materials. The proposed roofing will consist of non -reflective grey roof panels and red cedar roof
soffits. The applicant states that because the roof will slope down toward the south, the metal
roofing will not be visible from NE Crooked River Drive. Staff finds the roofing will blend with the
surrounding vegetation and landscape. This criterion will be met.
D. Subject to applicable rimrock setback requirements or rimrock
setback exception standards in DCC 18. 84.090(E), all structures
shall be sited to take advantage of existing vegetation, trees and
topographic features in order to reduce visual impact as seen from
the designated road, river or stream. When more than one
nonagricultural structure is to exist and no vegetation, trees or
topographic features exist which can reduce visual impact of the
subject structure, such structure shall be clustered in a manner
which reduces their visual impact as seen from the designated road,
river, or stream.
FINDING: The subject property does not contain rimrock as defined in DCC 18.04.030. Based
on the submitted site plan and a staff site visit, the proposed replacement dwelling will be sited
to take advantage of existing and proposed tree cover to reduce visual impacts as seen from
NE Crooked River Drive. This criterion will be met.
E. Structures shall not exceed 30 feet in height measured from the
natural grade on the side(s) facing the road, river or stream. Within
the LM Zone along a state scenic waterway or federal wild and
scenic river, the height of a structure shall include chimneys,
antennas, flag poles or other projections from the roof of the
structure. DCC 18.84.080(E) shall not apply to agricultural structures
located at least 50 feet from a rimrock.
FINDING: The proposed replacement dwelling will have a maximum potential height of 26 feet
as measured from natural grade on the side facing NE Crooked River Drive. This criterion will
be met.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 13
F. New residential or commercial driveway access to designated
landscape management roads shall be consolidated wherever
possible
FINDING: The applicant proposes to use the existing driveway from NE Crooked River Drive.
No new access onto NE Crooked River Drive is proposed. This criterion is met.
G. New exterior lighting, including security lighting, shall be sited and
shielded so that it is directed downward and is not directly visible
from the designated road, river or stream.
FINDING: Based on staff's review of the sight lighting photometric plan and exterior lighting
specification sheet, the applicant proposes a combination of bollard lights for the parking lot,
campground and pedestrian walkways, and in -ground lights for the entrance sign. The
submittals indicate that the proposed lighting will be sited and shielded so that they will not be
visible from NE Crooked River Drive. If the applications are approved, staff recommends a
condition of approval to ensure compliance.
Hearings Officer: To help address concerns about nighttime impacts, I have modified the
suggested condition to require motion activated lighting unless inconsistent with safety
regulations.
H. The Planning Director or Hearings Body may require the
establishment of introduced landscape material to screen the
development, assure compatibility with existing vegetation, reduce
glare, direct automobile and pedestrian circulation or enhance the
overall appearance of the development while not interfering with the
views of oncoming traffic at access points, or views of mountains,
forests and other open and scenic areas as seen from the
designated landscape management road, river or stream. Use of
native species shall be encouraged. (Formerly section 18.84.080 (C))
FINDING: The applicant proposes a significant amount of introduced landscaping to comply
with this criterion. If the applications are approved, staff recommends a condition of approval
requiring the implementation and maintenance of the landscaping shown in the applicant's
landscape plan.
Hearings Officer: Some commenters expressed concerns about the establishment and long-
term maintenance of the vegetation. I find nothing in the record suggesting that it is not feasible
to implement and maintain the landscaping proposed. But in this case, more than most, the
landscaping plays a critical role in buffering and reducing impacts. Accordingly, it is appropriate
to require the applicant to demonstrate compliance until an establishment period is completed
and a condition to that effect is imposed.
I. No signs or other forms of outdoor advertising that are visible from
a designated landscape management river or stream shall be
permitted. Property protection signs (No Trespassing, No Hunting,
etc.,) are permitted.
FINDING: The subject property is not adjacent to a designated landscape management river or
stream. This criterion does not apply.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 14
J. A conservation easement as defined in DCC 18.04.280
"Conservation Easement" and specified in DCC 18.116.220 shall be
required as a condition of approval for all landscape management
site plans involving property adjacent to the Deschutes River,
Crooked River, Fall River, Little Deschutes River, Spring River,
Whychus Creek and Tumalo Creek. Conservation easements
required as a condition of landscape management site plans shall
not require public access.
FINDING: The subject property is not adjacent to the waterways identified above. This criterion
does not apply.
5. Section 18.84.090. Setbacks.
A. Except as provided in DCC 18.84.090, minimum setbacks shall be
those established in the underlying zone with which the LM Zone is
combined.
FINDING: Conformance with the setback standards of the underlying MUA10 Zone are
addressed above. This criterion will be met.
B. Road Setbacks. All new structures or additions to existing
structures on lots fronting a designated landscape management
road shall be set back at least 100 feet from the edge of the
designated road right-of-way unless the Planning Director or
Hearings Body finds that: ...
FINDING: The subject property has frontage on NE Crooked River Drive, a designated
Landscape Management road. As noted above, the closest structure to NE Crooked River Drive
will be the replacement dwelling at approximately 102 feet. This criterion will be met.
6. Section 18.84.095. Scenic Waterways.
Approval of all structures in a State Scenic Waterway shall be conditional
upon receipt of approval of the Oregon Department of Parks and
Recreation.
FINDING: Per the Oregon Park and Recreation Department, the subject property is not located
within a State Scenic Waterway. This criterion does not apply.
C. Chapter 18.90, Sensitive Bird and Mammal Habitat Combining Zone - SBMH
1. Section 18.90.020. Definition of Sensitive Habitat Area.
A. The sensitive habitat area is the area identified in the Deschutes
County Comprehensive Plan Resource Element inventory and site
specific ESEE for each sensitive bird or mammal site. The sensitive
habitat area to be protected by the provisions of DCC 18.90 is
defined as the area:
1. Within a radius of 1,320 feet of a golden eagle, bald eagle,
prairie falcon nest, sage grouse lek, or a Townsend's big
eared bat hibernating or nursery site.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 15
2. Within a radius of 300 feet of a great blue heron rookery or
osprey nest.
3. Within a radius of 900 feet of a great grey owl nest site.
B. Inventoried sensitive bird or mammal sites located on federal land
are not subject to the provisions of DCC 18.90 unless the sensitive
habitat area identified in DCC 18.90.020(A)(1) extends onto
nonfederal land.
2. Section 18.90.030. Limitations and Uses Permitted.
A. Uses permitted in the underlying zone(s) are permitted or
conditionally permitted in the Sensitive Bird and Mammal Combining
Zone subject to the additional procedure and requirements of DCC
18.90.040 and the provisions of the ESEE decision. The Sensitive
Bird and Mammal Habitat Combining Zone does not regulate or
prohibit forest practices subject to ORS 527.610 to 527.770 and the
rules adopted pursuant thereto; or to farm practices as defined by
ORS 30.930(2).
B. When there is a conflict between the site specific ESEE analysis and
the provisions of DCC Title 18, the site specific ESEE analysis shall
control.
FINDING: The proposed B&B and campground are conditionally allowed in the underlying
MUA10 Zone and are, therefore, allowed conditionally in the SBMH Zone. The provisions of the
relevant Economic, Social, Environmental, and Energy (ESEE) decision are addressed below.
3. Section 18.90.040. Applicability.
Review under DCC 18.90 shall be triggered by the
occurring within a sensitive habitat area, as defined in
A. An application for a building permit for a new
to an existing structure;
B. Land divisions creating new lots or parcels
habitat area;
C. An application for a conditional use permit; or
D. An application for site plan approval.
FINDING: Based on staff's review of the sensitive habitat area defined above and mapped in
the county's GIS layer, a small portion of the southwest corner of the property falls within the
SBMH Zone. Although no structures are proposed within the SBMH Zone, the subject
conditional use and site plan applications cover the entire property. For this reason, staff finds
compliance with Chapter 18.90 is required.
following proposals
DCC 18.90.020:
structure or addition
within the sensitive
4. Section 18.90.050. Site Plan Review Requirement.
A. For those proposals identified in DCC 18.90.040 to be sited within an
inventoried sensitive habitat area, as defined under DCC 18.90.020, a
site plan shall be prepared in accordance with the requirements of
DCC 18.90.050. The site plan shall be approved prior to issuance of
a building permit, land division, conditional use permit or site plan
identified in DCC 18.90.040.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 16
FINDING: The applicant has submitted a site plan for review pursuant to applicable criteria in
Chapter 18.90.
B. The site plan application shall provide the following information:
1. A plot plan showing the location of all development including
existing and proposed roads, driveways and structures.
2. Description of operating characteristics of the proposed use
including times when activity within the sensitive habitat area
would generate noise, dust, vibration, lights, traffic or be
visible from the nest, lek, rookery or hibernation site.
3. Timing of construction activities including grading or filling
land, hauling materials and building.
4. Description of existing vegetation and vegetation to be
removed for the proposed development.
FINDING: The Burden of Proof includes information addressing criteria 1, 2 and 4. With respect
to criterion 2, staff finds there will be no proposed activity areas within the SBMH Zone. Work
within the SBMH Zone appears to be limited to proposed landscaping and installation of a split
rail fence. The applicant indicates landscaping installation will likely occur in the spring or fall.
Staff finds the operating characteristics of the B&B and campground within the SBMH Zone will
not generate noise, dust, vibration, lights or traffic. While the landscaping and fencing may be
visible from the nests identified in ODFW's letter dated May 12, 2017, staff does not anticipate
any impacts to sensitive habitat areas due to landscaping or fencing. Staff notes that comments
from ODFW indicate no anticipated impacts from the proposal as a whole to the identified nests
and raptor species. This criterion is met.
Hearings Officer: As discussed below, a number of commenters raised credible, legitimate
concerns about noise, particularly from the campground. But those comments were exclusively
or nearly exclusively limited to impacts on nearby residences and neighborhood livability. There
is no evidence to contradict the ODFW conclusion.
C. The County shall submit a copy of the site plan to the Oregon
Department of Fish and Wildlife for comment. ODFW shall have 20
days from the date the site plan is mailed to submit written
comments to the County.
FINDING: The Planning Division supplied ODFW with the notice of application. As noted
above, ODFW submitted a comment letter into the record. This criterion is met.
D. Based upon the record, and evaluation of the proposal based on the
criteria in DCC 18.90.060, and conformance with the ESEE analysis
for the site contained in the Resource Element of the
Comprehensive Plan, the County shall approve or reject the site
plan. In lieu of rejection of the site plan, the County may allow the
applicant to revise the site plan if the applicant has not met the
standards for approval. Applicant shall waive the 120 day time limit
if it chooses to revise the site plan.
FINDING: Included in the record is Deschutes County Ordinance 94-004, adopting the ESEE
analyses for sensitive bird and mammal habitat sites, and the ESEE Findings and Decision for
prairie falcon site DE0794-00. Although a number of other nest sites, both prairie falcon and
golden eagle, are in the area, only the SBMH Zone associated with site DE0794-00 covers any
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 17
portion of the subject property. Therefore, staff addresses conformance with applicable
elements of the DE0794-00 ESEE below.
The ESEE for site DE0794-00 includes a Program to Meet Goal 5 section which details
requirements for development within the SBMH Zone associated with this site. The
requirements relevant to the proposal3 are:
1. Site plan review under Section 18.90 of Title 18, Sensitive Bird and Mammal
Habitat Combining Zone, shall be required for all conditional uses occurring with
the sensitive habitat area as designated on Exhibit `A'.
FINDING: As required by the ESEE and DCC 18.90, the applicant's proposal is being reviewed
for conformance under DCC 18.90. This requirement is met.
3. Construction activities for expansion, maintenance, replacement of existing
structures or construction of new structures requiring a building permit from the
Deschutes County Community Development Department or septic installation
requiring a permit from the Environmental Health Division4 shall be prohibited
during the nesting season from March 1 through August 1. Maintenance and
repair of existing structures not requiring a construction permit, permitted work
conducted within a closed structure, or repair of a failing septic system are
exempt from this requirement. Construction activity subject to a construction
permit from the Community Development Department or a septic installation
permit from the Environmental Health Division may occur after May 1, if ODFW
determines in writing that the nest site is not active or that the young birds have
fledged.
FINDING: Based on staffs review of the site plan, neither the replacement dwelling nor the
septic system will be located within the SBMH Zone. Limitation on timing of construction
activities is not required.
4. Nonfarm partitions which would create new parcels for residential use or for
campgrounds shall be prohibited within the sensitive habitat area in Township
14S, Range 13E, Section 2, 10 or 11.
FINDING: As noted above, work within the SBMH Zone will be limited to landscaping and
fencing. The campground use and tent sites will be located outside of the SBMH Zone. For this
reason, staff finds the proposed campground is not prohibited by the ESEE.
Based on the above, staff finds the proposal will conform to the relevant requirements of the
DE0794-00 ESEE.
E. Approval of a site plan under DCC 18.90.050 shall be conditioned
upon applicant's implementation of the plan.
FINDING: All necessary conditions of approval associated with DCC 18.90.050 will be included
in any approval of the proposed B&B and campground.
3 Requirement 2 of the ESEE pertains to site DE0794-01. Requirement 5 is associated with development
within Smith Rock State Park. Staff finds these requirements are not relevant to the subject property or
the proposal.
4 The former Environmental Health Division is now named the Environmental Soils Division.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 18
5. Section 18.90.060. Site Plan Review Criteria.
Approval of site plan shall be based on the following criteria:
A. The site plan shall consider the biology of the identified sensitive
species, nesting trees, critical nesting periods, roosting sites and
buffer areas. Based on the biology of the species and the
characteristics of the site, the site plan shall provide protection that
will prevent destruction of the subject nesting site, lek, hibernation
site or rookery and will, to a reasonable certainty, avoid causing the
site to be abandoned.
FINDING: As noted in the ODFW comments, no impacts to sensitive raptor species are
expected to occur as a result of the proposed development. No sensitive mammal species were
identified by ODFW. This criterion will be met.
B. Development activities, including grading and fill, mining,
construction, or activities generating noise or dust within the
sensitive habitat area shall be prohibited during the nesting,
strutting or hibernation season identified in the site specific ESEE
analysis and decision for each habitat site. An exception to this
standard may be made if the Oregon Department of Fish and Wildlife
determines in writing that the nest, lek or rookery is not active and
will not become active during the proposed construction period or if
the sensitive birds have fledged. Construction activities within an
enclosed structure may be conducted during the nesting, strutting
or hibernation season. Construction activities necessary to repair an
existing septic system or to replace or repair a structure destroyed
or damaged by fire or other natural causes may be conducted
during the nesting, strutting or hibernation season.
FINDING: The only proposed development activities within the SBMH Zone are landscaping
and fencing. If the applications are approved, staff recommends a condition of approval
prohibiting development activities from March 1 to August 1.
C. New roads, driveways or public trails shall be located at the greatest
distance possible from the nest, lek, rookery or hibernation site
unless topographic or vegetation or structural features will provide
greater visual and/or noise buffer from the nest, lek, rookery or
hibernation site.
FINDING: No new roads or public trails are proposed. Improvement and paving of the drive
aisle from NE Crooked Drive is proposed. However, this construction activity will be located just
outside of the SBMH Zone. This criterion will be met.
D. Existing vegetation or other landscape features which are located
on the subject property and which obscure the view of the nest,
rookery, lek or hibernation site from the proposed development,
shall be preserved and maintained. A restrictive covenant to
preserve and maintain vegetation shall be required when specified
in the ESEE for the site.
FINDING: No vegetation or other landscape features which obscure the view of the nest from
the proposed development exist on-site. Staff notes the applicant proposes landscaping outside
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 19
of the SBMH Zone which will provide some visual buffering from the nest. This criterion does not
apply.
E. No partitions or subdivisions shall be permitted which would force
location of a dwelling or other structure, not otherwise permitted by
the site specific ESEE, within the designated sensitive habitat area.
FINDING: The applicant does not propose a partition or subdivision. This criterion does not
apply.
F. All exterior lighting, including security lighting shall be sited and
shielded so that the light is directed downward and does not shine
on the subject nest, rookery, lek or hibernation site.
FINDING: None of the proposed lighting will be located within the SBMH Zone. This criterion
does not apply.
G. The site plan shall conform with the requirements of the ESEE
decision for the subject sensitive bird or mammal site contained in
the Resource Element of the Deschutes County Comprehensive
plan.
FINDING: As discussed above, staff finds the proposal will conform to the relevant
requirements of the DE0794-00 ESEE. This criterion will be met.
D. Chapter 18.116, Supplementary Provisions
1. Section 18.116.030. Off-street Parking and Loading.
B. Off -Street Loading. Every use for which a building is erected or
structurally altered to the extent of increasing the floor area to equal
a minimum floor area required to provide loading space and which
will require the receipt or distribution of materials or merchandise
by truck or similar vehicle, shall provide off-street loading space on
the basis of minimum requirements as follows:
2. Restaurants, office buildings, hotels, motels, hospitals and
institutions, schools and colleges, public buildings,
recreation or entertainment facilities and any similar use
which has a gross floor area of 30,000 square feet or more
shall provide off street truck loading or unloading berths
subject to the following table:
1 Sq. Ft. of Floor Area No. of Berths Required
1 Less than 30,000 0
1 30,000 —100,000 1
1 100,000 and Over 2
FINDING: Staff finds the proposed B&B is analogous to a hotel facility. The replacement
dwelling will be 2,200 square feet in size. Therefore, staff finds no loading berths are required.
C. Off -Street Parking. Off-street parking spaces shall be provided and
maintained as set forth in DCC 18.116.030 for all uses in all zoning
districts. Such off-street parking spaces shall be provided at the
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 20
time a new building is hereafter erected or enlarged or the use of a
building existing on the effective date of DCC Title 18 is changed.
D. Number of Spaces Required. Off-street parking shall be provided as
follows:
2. Commercial Residential.
Hotel
1 space per guest room plus 1 space per
2 employees
9. Other uses not specifically listed above shall be provided
with adequate parking as required by the Planning Director or
Hearings Body. The above list shall be used as a guide for
determining requirements for said other uses.
FINDING: Staff finds the B&B is analogous to a hotel facility. Based on the parking ratio
identified above, the B&B use will require 3 parking spaces for the 3 guest rooms and 1 parking
space for the caretaker, for a total of 4 B&B parking spaces. A campground is not a use listed
in Section D. For this reason, staff finds it is appropriate to determine the correct parking
calculation pursuant to subsection (9). Staff finds the appropriate parking ratio is 1 space per
tent site. The applicant proposes a total of 12 tent sites which will require 12 parking spaces for
the campground use. Consequently, staff finds the total parking requirement for the B&B and
campground uses is 16 parking spaces. The applicant proposes 17 parking spaces. This
criterion will be met.
Hearings Officer: Several commenters expressed concerns about parking, including that
current park users park on roadways, shoulders and private property. There is nothing in the
record, however, suggesting that a more parking intensive category exists. Staff essentially is
treating each tent as a hotel room for parking, which appears reasonable. It is very difficult for
any property owner to regulate off-site parking by guests. Given the current and anticipated
usage of the park, off-site parking for this use, if any, will have negligible impact. This criterion
is met.
E. General Provisions. Off -Street Parking.
1. More Than One Use on One or More Parcels. In the event
several uses occupy a single structure or parcel of land, the
total requirement for off-street parking shall be the sum of
requirements of the several uses computed separately.
FINDING: The applicant proposes two uses on the subject property. As discussed above, the
applicant can accommodate the sum of the parking requirement for both uses on the subject
property. This criterion will be met.
2. Joint Use of Facilities. The off-street parking requirements of
two or more uses, structures or parcels of land may be
satisfied by the same parking or loading space used jointly to
the extent that it can be shown by the owners or operators of
the uses, structures or parcels that their operations and
parking needs do not overlap at any point of time. If the uses,
structures or parcels are under separate ownership, the right
to joint use of the parking space must be evidence by a deed,
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 21
lease, contract or other appropriate written document to
establish the joint use.
FINDING: The applicant does not propose to use parking space jointly for the two uses. This
criterion does not apply.
3. Location of Parking Facilities. Off-street parking spaces for
dwellings shall be located on the same lot with the dwelling.
Other required parking spaces shall be located on the same
parcel or another parcel not farther than 500 feet from the
building or use they are intended to serve, measured in a
straight line from the building in a commercial or industrial
zone. Such parking shall be located in a safe and functional
manner as determined during site plan approval. The burden
of proving the existence of such off -premise parking
arrangements rests upon the applicant.
FINDING: All required parking will be located on the same parcel as the use. This criterion will
be met.
4. Use of Parking Facilities. Required parking space shall be
available for the parking of operable passenger automobiles
of residents, customers, patrons and employees only and
shall not be used for the storage of vehicles or materials or
for the parking of trucks used in conducting the business or
used in conducting the business or use.
FINDING: If approved, staff recommends a condition of approval to ensure compliance.
5. Parking, Front Yard. Required parking and loading spaces
for multi -family dwellings or commercial and industrial uses
shall not be located in a required front yard, except in the
Sunriver UUC Business Park (BP) District and the La Pine
UUC Business Park (LPBP) District and the LaPine UUC
Industrial District (LPI), but such space may be located within
a required side or rear yard.
FINDING: According to the site plan, the westernmost parking space will be located within the
front yard setback associated with NE Crooked River Drive. The BoP indicates this space will be
reserved for the caretaker of the B&B. For this reason, the applicant argues this westernmost
parking space is for residential use and not for commercial use. Staff asks the Hearings Officer
to determine if this criterion will be met.
Staff notes that the easternmost portion of the parking lot encroaches into the front yard setback
associated with NE Smith Rock Loop. However, this portion of the parking lot is backup space
rather than vehicular parking space. For this reason, staff finds this area of the parking lot
conforms to this standard.
Hearings Officer: By definition a bed and breakfast inn is in a single-family dwelling. There is
one "family" (resident) and up to eight guests. The caretaker is the resident. So it is not multi-
family. But neither is it solely residential. It is a mixed commercial/residential use. This is a
separate category for purposes of the minimum parking requirements. Apparently, single family
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 22
dwellings are not prohibited from having a parking space in the front yard setback. I think the
only way to reconcile these is to conclude, as the applicant asserts, that the one parking spot for
the resident staff person may encroach as shown in the parking plan. Although not required, the
applicant has offered to include additional landscaping which will be a condition of approval.
F. Development and Maintenance Standards for Off -Street Parking
Areas. Every parcel of land hereafter used as a public or private
parking area, including commercial parking lots, shall be developed
as follows:
1. Except for parking to serve residential uses, an off-street
parking area for more than five vehicles shall be effectively
screened by a sight obscuring fence when adjacent to
residential uses, unless effectively screened or buffered by
landscaping or structures.
FINDING: The proposed parking lot will be sited in the northern portion of the property. This
area is bordered by NE Crooked River Drive to the northwest and NE Smith Rock Loop to the
northeast. To the northeast and east, across NE Smith Rock Loop are residential uses. The
project includes significant landscaping, including trees and shrubs, which will provide some
screening and buffering of the parking lot. To the south is the adjacent Gibson property which is
in residential use. The residential use on the Gibson property will be screened and buffered
from the parking lot by proposed landscaping, the 7 -foot -tall wood screening fence, and the
replacement dwelling. This criterion will be met.
2. Any lighting used to illuminate off-street parking areas shall
be so arranged that it will not project light rays directly upon
any adjoining property in a residential zone.
FINDING: Per the site lighting photometric plan, no parking area lighting will project onto any
adjoining property in a residential zone. This criterion will be met.
3. Groups of more than two parking spaces shall be located and
designed to prevent the need to back vehicles into a street or
right of way other than an alley.
FINDING: The parking lot will be accessed from NE Crooked River Drive. The proposed
driveway will provide at least 50 feet of queuing length between Crooked River Drive and the
first parking stall. Staff finds this distance will prevent the need to back vehicles onto Crooked
River Drive. This criterion will be met.
4. Areas used for standing and maneuvering of vehicles shall be
paved surfaces adequately maintained for all weather use
and so drained as to contain any flow of water on the site. An
exception may be made to the paving requirements by the
Planning Director or Hearings Body upon finding that:
a. A high water table in the area necessitates a
permeable surface to reduce surface water runoff
problems; or
b. The subject use is located outside of an
unincorporated community and the proposed
surfacing will be maintained in a manner which will not
create dust problems for neighboring properties; or
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 23
c. The subject use will be in a Rural Industrial Zone or an
Industrial District in an unincorporated community and
dust control measures will occur on a continuous
basis which will mitigate any adverse impacts on
surrounding properties.
FINDING: The applicant proposes a paved drive aisle and paved parking spaces. The
drainage plan and utility plan indicate stormwater flow will be contained on-site. If the
applications are approved, staff recommends a condition of approval requiring the paved
vehicular surfaces to be adequately maintained for all-weather use and drained to contain flow
of water on-site.
5. Access aisles shall be of sufficient width for all vehicular
turning and maneuvering.
FINDING: Table 1, Off -Street Parking Lot Design, of this chapter requires a 24 -foot -wide
access aisle for two-way traffic. Based on staffs review of the site plan, the access aisle for the
parking lot will be 24 feet in width. This criterion will be met.
6. Service drives to off-street parking areas shall be designed
and constructed to facilitate the flow of traffic, provide
maximum safety of traffic access and egress and maximum
safety of pedestrians and vehicular traffic on the site. The
number of service drives shall be limited to the minimum that
will accommodate and serve the traffic anticipated. Service
drives shall be clearly and permanently marked and defined
through the use of rails, fences, walls or other barriers or
markers. Service drives to drive in establishments shall be
designed to avoid backing movements or other maneuvering
within a street other than an alley.
FINDING: The project will improve and expand the existing driveway from NE Crooked River
Drive, which is the minimum necessary to serve the proposed uses. As noted above, the
driveway will meet the minimum 24 -foot aisle width for two-way traffic. The drive aisle is
separated from the pedestrian walkways by landscaping and fencing, providing for the safety of
pedestrians on-site. The proposed driveway includes split -rail fencing along a portion of the
drive aisle. Staff notes that while the fencing along the north side of the drive aisle extends from
Crooked River Drive to the first north -facing parking stall, the fencing along the south side of the
driveway does not extend all the way from Crooked River Drive to the first south -facing parking
stalls. To meet this criterion and ensure the drive aisle is clearly marked, staff recommends a
condition of approval requiring the applicant to extend the fencing along the south side of the
driveway to the first south -facing stalls.
7. Service drives shall have a minimum vision clearance area
formed by the intersection of the driveway centerline, the
street right of way line and a straight line joining said lines
through points 30 feet from their intersection.
FINDING: Based on staff's review of the site plan, the proposed 4 -foot -tall entrance sign, a
portion of the split -rail fence, and few proposed shrubs will be located in the clear vision area at
the intersection of the driveway and NE Crooked River Drive. Per DCC 18.116.020,
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 24
18.116.020. Clear Vision Areas.
A. In all zones, a clear vision area shall be maintained on the corners of all property at the
intersection of two streets or a street and a railroad. A clear vision area shall contain no
planting, fence, wall, structure, or temporary or permanent obstruction exceeding three
and one-half feet in height, measured from the top of the curb or, where no curb exists,
from the established street centerline grade, except that trees exceeding this height may
be located in this area provided all branches and foliage are removed to a height of eight
feet above the grade.
Based on this section, no planting greater than 3.5 feet in height can be within a clear vision
area For this reason, staff recommends a condition of approval requiring the applicant to revise
the landscape plan to specify plant species to be used in the clear vision area that will not
exceed 3.5 feet in height at maturity.
This section also prohibits fencing greater than 3.5 feet in height within the clear vision area.
Staff notes that under DCC 18.116.120, the following fencing standard applies within a clear
vision area.
18.116.120. Fences.
A. Fences which form a solid barrier or are sight obstructive shall not exceed three and
one-half feet in height when located in a required front yard or in a clear vision area.
(Emphasis added)
Staff reads both provisions together to allow fencing greater than 3.5 feet in height as long as
the fencing is not sight -obstructive. Staff finds the proposed split -rail fencing is not sight -
obstructive and, therefore, can be allowed within a clear vision area.
With respect to the proposed entrance sign, the applicant can decrease the height of the sign to
no greater than 3.5 feet, or the applicant can propose a location outside of the required clear
vision area. Staff asks the applicant to respond to this issue. Staff notes that at this time, the
applicant has not submitted an application for a monument sign. If the applications are
approved, staff recommends a condition of approval requiring the applicant to secure sign
permit approval prior to installation of the entrance sign.
8. Parking spaces along the outer boundaries of a parking area
shall be contained by a curb or bumper rail placed to prevent
a motor vehicle from extending over an adjacent property line
or a street right of way.
FINDING: Per the grading and drainage plan, all parking spaces facing the northwestern
property line along NE Crooked River Drive will be contained by a 12 -inch concrete curb. No
other parking spaces will be sited such that a vehicle could extend into a roadway or over a
property line. This criterion will be met.
G. Off -Street Parking Lot Design. All off-street parking lots shall be
designed subject to County standards for stalls and aisles as set
forth in the following drawings and table:
(SEE TABLE 1 AT END OF CHAPTER 18.116)
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 25
FINDING: The proposed drive aisle will have the minimum 24 -foot width in Table 1. Based on
the site plan, all proposed vehicular parking spaces will meet the minimum 9 -foot -wide by 20 -
foot -long parking stall dimensions in Table 1. This criterion will be met.
2. Section 18.116.031. Bicycle Parking.
New development and any construction, renovation or alteration of an
existing use requiring a site plan review under DCC Title 18 for which
planning approval is applied for after the effective date of Ordinance 93-005
shall comply with the provisions of DCC 18.116.031.
A. Number and Type of Bicycle Parking Spaces Required.
1. General Minimum Standard.
a. All uses that require off-street motor vehicle parking
shall, except as specifically noted, provide one bicycle
parking space for every five required motor vehicle
parking spaces.
FINDING: The applicant proposes a bed and breakfast inn and a campground. Per subsection
(4) (b) below, the total bicycle parking requirement is calculated based on the total vehicle
parking for all uses. Staff finds the B&B is a commercial use for the purposes of this criterion
and, therefore, is subject to the commercial use standard under subsection (2)(b) below, rather
this the general standard detailed above. As noted above, the B&B use requires 4 total
vehicular parking spaces. Per the commercial standard under (2) (b), and rounding up fractional
spaces per subsection (4) (a), staff finds the B&B use will require 1 bicycle parking space.
The required campground vehicular parking is 12 spaces. Staff is unsure if the campground use
should be classified as a commercial use for the purposes of this criterion, or be subject to the
general requirement because it is more closely akin to a recreational use. As a commercial use,
the required bicycle parking for the campground will be 2 bicycle spaces. Under the general
requirement, the required bicycle parking for the campground will be 3 spaces.
Based on the above, the combination of B&B and campground uses will require either 3 or 4
bicycle parking spaces. Per the site plan, the applicant proposes 4 bicycle parking spaces. For
this reason, staff finds this criterion will be met regardless of the bicycle parking calculation.
b. Except as specifically set forth herein, all such parking
facilities shall include at least two sheltered parking
spaces or, where more than 10 bicycle spaces are
required, at least 50 percent of the bicycle parking
spaces shall be sheltered.
FINDING: As noted above, the proposal will require either 3 or 4 bicycle parking spaces.
Therefore, the maximum number of required covered bicycle spaces is 2. The applicant
proposes 2 sheltered bicycle spaces under the covered terrace adjacent to the B&B structure.
This criterion will be met.
c. When the proposed use is located outside of an
unincorporated community, a destination resort, and a
rural commercial zone, exceptions to the bicycle
parking standards may be authorized by the Planning
Director or Hearings Body if the applicant
demonstrates one or more of the following:
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 26
FINDING: The applicant
These criteria do not apply.
i The proposed use is in a location accessed by
roads with no bikeways and bicycle use by
customers or employees is unlikely.
ii. The proposed use generates less than 50
vehicle trips per day.
iii. No existing buildings on the site will
accommodate bicycle parking and no new
buildings are proposed.
iv. The size, weight, or dimensions of the goods
sold or unlikely.
v. The use of the site requires equipment that
makes it unlikely that a bicycle would be used
to access the site. Representative examples
would include, but not be limited to, paintball
parks, golf courses, shooting ranges, etc.
does not propose an exception to the bicycle parking standards.
2. Special Minimum Standards.
a. Multi -Family Residences. Every residential use of four
or more dwelling units shall provide at least one
bicycle parking space for each unit. In those
instances in which the residential complex has no
garage, required spaces shall be sheltered.
FINDING: The proposed use is not a multi -family residence. This criterion does not apply.
b. Parking Lots. All public and commercial parking lots
and parking structures shall provide a minimum of one
bicycle parking space for every 10 motor vehicle
parking spaces.
FINDING: As discussed above, staff finds the applicant will meet the minimum bicycle parking
requirement. This criterion will be met.
c. Schools. Schools, both public and private, shall
provide one bicycle parking space for every 25
students, half of which shall be sheltered.
FINDING: The proposed use is not a school. This criterion does not apply.
d. Colleges. One-half of the bicycle parking spaces at
colleges, universities and trade schools shall be
sheltered facilities.
FINDING: The proposed use is not a college. This criterion does not apply.
3. Trade Off with Motor Vehicle Parking Spaces.
a. One motor vehicle parking space may be deleted from
the required number of spaces in exchange for
providing required bicycle parking.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 27
1. Any deleted motor vehicle space beyond the
one allowed above shall be replaced with at
least one bicycle spaces.
ii. If such additional parking is to be located in the
area of the deleted automobile parking space, it
must meet all other bicycle parking standards.
b. The Hearings Body or Planning Director may authorize
additional bicycle parking in exchange for required
motor vehicle parking in areas of demonstrated,
anticipated, or desired high bicycle use.
FINDING: The applicant does not propose to reduce vehicular parking for bicycle parking. This
criterion does not apply.
4. Calculating number of bicycle spaces.
a. Fractional spaces shall be rounded up to the next
whole space.
FINDING: As noted above, fractional spaces for the required bicycle parking were rounded up.
b. For facilities with multiple uses (such as a commercial
center) bicycle -parking requirements shall be
calculated by using the total number of motor vehicle
spaces required for the entire development.
FINDING: As discussed above, the required bicycle parking is calculated using the total
number of required vehicle parking spaces. This criterion will be met.
B. Bicycle Parking Design.
1. General Description.
a. Sheltered Parking. Sheltered parking may be provided within
a bicycle storage room, bicycle locker, or racks inside a
building; in bicycle lockers or racks in an accessory parking
structure; underneath an awning, eave, or other overhang; or
by other facility as determined by the Hearings Body or
Planning Director that protects the bicycle from direct
exposure to the elements.
b. Unsheltered parking may be provided by bicycle racks.
FINDING: The applicant proposes to locate the 2 covered bicycle parking spaces under the
covered terrace adjacent to the B&B structure. This criterion will be met.
2. Location.
a. Required bicycle parking that is located outdoors shall be
located on-site within 50 feet of main entrances and not
farther from the entrance than the closest motor vehicle
parking space.
i. Bicycle parking shall be located in areas of greatest
use and convenience to bicyclist.
ii. Such bicycle parking shall have direct access to both
the public right of way and to the main entrance of the
principal use.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 28
Hi. Bicycle parking shall not impede or create a hazard to
pedestrians.
iv. Parking areas shall be located so as not to conflict
with clear vision areas as prescribed in DCC
18.116.020.
FINDING: Both bicycle racks will be located within 50 feet of the main entrances to both the
B&B and campground, providing the greatest use and convenience to bicyclists. The bicycle
racks will be located near to pedestrian walkways, but will not impede or create a hazard to
pedestrians. Additionally, these locations will not conflict with any clear vision areas. These
criteria will be met.
b. Bicycle parking facilities shall be separated from motor
vehicle parking and drive areas by a barrier or sufficient
distance to prevent damage to the parked bicycle.
FINDING: The proposed bicycle racks will be located over 50 feet from the closest vehicular
parking space, with intervening landscaping. Staff finds the distance and landscaping will
prevent damage to parked bicycles. This criterion will be met.
c. Where bicycle parking facilities are not directly visible and
obvious from the public right(s) of way, entry and directional
signs shall be provided to direct bicyclists for the public right
of way to the bicycle parking facility. Directions to sheltered
facilities inside a structure may be signed, or supplied by the
employer, as appropriate.
FINDING: Based on staffs review of the site plan and lighting plan, the proposed bicycle racks
will not be visible from NE Crooked River Drive, and may not be visible from NE Smith Rock
Loop. Per the applicant's July 31, 2017 email, the applicant proposes 2 bicycle directional signs.
If the applications are approved, staff recommends a condition of approval requiring the
applicant to submit a revised site plan illustrating the location of the proposed bicycle directional
signs.
3. Dimensional Standards.
a. Each bicycle parking space shall be at least two by six feet
with a vertical clearance of seven feet.
FINDING: Per the updated site plan, each bicycle space will be at least 2 feet wide by 6 feet
long. The site plan does not include a note regarding vertical clearance. If the applications are
approved, staff recommends a condition of approval to ensure compliance.
b. An access aisle of at least five feet wide shall be provided
and maintained beside or between each row of bicycle
parking.
FINDING: The updated site plan illustrates an access aisle of at least five feet for both bicycle
racks. This criterion will be met.
c. Each required bicycle parking space shall be accessible
without moving another bicycle.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 29
FINDING: As noted above, each bicycle parking space will be 2 feet wide and 6 feet long.
Additionally, each rack will accommodate only 2 bicycles. Staff finds this design is sufficient to
preclude the need to move another bicycle when accessing the bicycle racks. This criterion will
be met.
4. Surface. The surface of an outdoor parking facility shall be surfaced
in the same manner as the motor vehicle parking area or with a
minimum of one -inch thickness of aggregate material. This surface
will be maintained in a smooth, durable, and well -drained condition.
FINDING: The updated site plan does not specify the surfacing for the bicycle racks. If the
applications are approved, staff recommends a condition of approval to ensure compliance.
5. Security.
a. Bicycle parking facilities shall offer security in the form of
either a lockable enclosure in which the bicycle can be stored
or a stationary object (i.e., a "rack') upon which the bicycle
can be locked. Structures that require a user -supplied lock
shall accommodate both cables and U-shaped locks and shall
permit the frame and both wheels to be secured (removing
the front wheel may be necessary). All bicycle racks, lockers,
or other facilities shall be permanently anchored to the
surface of the ground or to a structure.
FINDING: The applicant proposes stationary bicycle racks for security. If the applications are
approved, staff recommends a condition of approval to ensure the bicycle racks are
permanently anchored.
b. Lighting shall be provided in a bicycle parking area so that all
facilities are thoroughly illuminated and visible from adjacent
sidewalks or motor vehicle parking.
FINDING: Per the site lighting schematic plan, both bicycle racks will be illuminated. Based on
staff's review of the site plan and lighting plan, the bicycle rack under the covered terrace will be
visible from the parking area. This criterion will be met.
E. Chapter 18.124, Site Plan Review
1. Section 18.124.030. Approval Reauired.
A. No building, grading, parking, land use, sign or other required
permit shall be issued for a use subject to DCC 18.124.030, nor shall
such a use be commenced, enlarged, altered or changed until a final
site plan is approved according to DCC Title 22, the Uniform
Development Procedures Ordinance.
B. The provisions of DCC 18.124.030 shall apply to the following:
3. All commercial uses that require parking facilities;
5. All other uses that serve the general public or that otherwise
require parking facilities, including, but not limited to,
landfills, schools, utility facilities, churches, community
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 30
buildings, cemeteries, mausoleums, crematories, airports,
parks and recreation facilities and livestock sales yards;
FINDING: The applicant proposes a commercial use (B&B) and a recreational use
(campground) that require parking facilities. Therefore, site plan review is required.
Hearings Officer: As discussed elsewhere, there is some question about whether the B&B is a
residential use, a commercial use or a "residential -commercial" use. In any event, both it and
the campground serve the public and require parking so site plan compliance is required. No
one argues otherwise.
2. Section 18.124.060. Approval Criteria.
Approval of a site plan shall be based on the following criteria:
A. The proposed development shall relate harmoniously to the natural
environment and existing development, minimizing visual impacts
and preserving natural features including views and topographical
features.
FINDING: The existing environment consists of topography that is generally level around the
perimeter of the property, and rises slightly in the center of the property in the location of the
existing dwelling. Vegetation on-site consists of grasses with small groups of juniper trees.
Development on-site includes a single-family dwelling, barn and shed. Views on-site consist
primarily of Smith Rock and Smith Rock State Park to the north and west.
The applicant proposes to develop the property with a replacement dwelling to be used as the
B&B, a campground with 12 tent sites, a parking lot, pedestrian walkways and landscaping. As
part of the project, the applicant will also remove the existing barn and shed. Staff notes that the
campground will retain views of Smith Rock to the north, with the B&B retaining views of Smith
Rock to the north and west. Given the lack of significant natural or topographic features on-site,
the retention of views of Smith Rock and introduction of significant landscaping, staff finds the
proposed development will relate harmoniously to the natural environment and existing
development. This criterion will be met.
Hearings Officer: Numerous commenters argue that the proposal, and particularly the
campground, is antithetical to nearby residential and rural uses. Concerns have been raised
about traffic, parking, fire danger and other issues addressed under more specific criteria.
First, it appears that "relate harmoniously" is a somewhat higher standard than "compatibility"
under the conditional use criteria although they obviously relate to each other. "Harmonious" is
not defined but likely means a minimum of conflict, discord or similar impacts on existing
development and the environment. Further, the focus is on whether the site plan, i.e. the design,
sufficiently harmonizes the proposed uses with existing development. For example, all
campgrounds will have visual impacts and generate traffic and noise but has the applicant been
able to harmonize the impacts that this campground will generate with existing development
through design? In this case, the number of campers is relatively small, but so is the available
buffer area on the site. It also is adjacent to an urban density residential development.
Ultimately I think this criterion asks whether the applicant has taken sufficient steps to ensure
that impacts do not create any more disharmony than other uses allowed by right or
conditionally in the MUA-10 zone or the existing uses.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 31
I find that some of the concerns are too speculative or outside the parameters of my authority.
For example, there is no reason to conclude that the composting toilet will create significant
odors. Concerns about the number of people the Mazamas already brings to the park and their
impacts on the park do not appear relevant to this criterion.
The major concerns are traffic, noise, visual impacts and simply having more people in the area.
The record is clear that this area is significantly impacted by the literally tens of thousands of
people who visit each day. Although there no doubt is a limit on how much the area can take, it
is not plausible to conclude that adding approximately 30 persons and approximately 60 daily
trips will noticeably add to the disruption and impacts already present. Campground vehicles
have no reason to use Smith Rock Loop. Similarly, it is not sufficient to assume that guests at
the site will create any measurable additional impacts, such as trespass or interference with
animals than already are caused by the many daily visitors already in the area.
Smith Rock State Park primarily is a day use area. Several persons testified that at night the
area is relatively quiet, peaceful and serene. In effect, they argue that the evening hours are a
respite from the day time deluge and that permitting up to 20 persons to campout nearby will
interfere with that respite. They contend that sound travels and is amplified. The subject
property currently is dark and that will change. Disturbances that may be tolerable during the
day are not tolerable in the middle of the night.
There is, however, already a state permitted camping area in the park. The record is unclear as
to exactly how close it is and how large. There was testimony that residents can hear campers
at night playing music and carrying on and can see lights coming down the trail. So there
already are some nighttime impacts. The opponents contend that the proposal will create even
greater impacts given its proximity and its location on their side of Crooked River Drive.
The applicant contends that that the use will be adequately buffered both visually and audibly,
that its operational measures will be effective and that its guests will be less likely to create
impacts than the relatively unregulated campers on state land. It also notes that adjacent the
urban density residential use creates or has the potential for visual, audible and other impacts.
As regards visual impacts the applicant will provide the tents which will be relatively small and
no higher than four feet. It proposes a berm and substantial landscaping. The most significant
views from the majority of dwellings do not look out on the campground. Lighting is proposed to
either be extinguished at 10:00 p.m. or activated by motion sensors. No campfires are
permitted.
I do not find the applicant's noise study to be particularly helpful. It seems to focus primarily on
daytime noise and it assumes that all operational controls will be consistently applied — an
assumption that opponents legitimately question. There is simply no doubt that there will be
additional noise. Even if the applicant is able and willing to enforce its rules as vigorously as it
suggests, there will be problematic noise incidents from time to time. But the same can be said
for the existing environment. Urban level residential development sometimes engenders
disruptive noise that impacts other residences. The park campground generates noise and, I
suspect, there are occasionally nighttime noise incidents in the park itself.
In its post -hearing submittal the applicant proposed additional measures and options to address
these impacts. It proposes extending the 7' privacy fence along the south property line eastward
to the irrigation ditch and additional landscaping along the berm. More significantly, it proposed
a more compact configuration that shifts the campground sites toward the dwelling and parking
lot and away from the property lines. The applicant asserts that the sites maintain their 1420 sq.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 32
ft. size. Unfortunately, the applicant did not submit detailed measurements, but it also appears
to cluster tent sites closer together toward the pedestrian walkway and to make those locations
permanent. The setbacks would increase to 50' along NE Smith Rock Loop and to 40' along the
south property line. It appears that this would further minimize visual impacts. The impact on
sound is uncertain — on one hand it moves the tents farther away from existing uses but it also
brings them closer together which may encourage more talking etc.
In its final argument the applicant reiterated this option and proposed other options, including
reducing the number of sites but placing three tents on each site. First, this would appear to be
new evidence or enough of a modification that it should not be considered without an
opportunity for comments from nearby residents. For example, it raises further concerns about
creating more noise as the tents are closer together. It its final rebuttal, the applicant also
provided the option of making sites 5 and 6 single tent sites, reducing the number of potential
campers to 20 guests. I think I may consider this as it simply scales back the occupancy and is
very unlikely to be a problem for neighbors.
It appears that the two proposals are not in conflict and, when combined, will help promote a
harmonious relationship with existing development.
At the hearing I asked why the campground was not proposed for the west side of the site. The
applicant in its final rebuttal noted several problems this would create, including potential well
impacts, visual impacts on the park and reduced opportunities for restoration.
Finally, and most significant, is the issue of whether the applicant really will effectively
implement and enforce the operational controls that are critical to meeting numerous code
criteria. This dilemma arises in many applications. On one hand, the County and concerned
residents are asked to take on faith that the applicant will live up to its commitments and nearby
residents bear the impacts if it does not. On the other, absent some indication that the applicant
is not acting in good faith or its proposals are not feasible, its future compliance should not be
prejudged. The County is charged with code enforcement, the problem being sites are often
relatively isolated and enforcement resources often are not robust. In this regard, I have clarified
and tightened some of the operational requirements in the conditions of approval. I also find that
it is appropriate to add a condition requiring that the applicant maintain a 27/7 phone contact to
receive complaints; all complaints must be logged and the follow-up action/resolution
documented. This log shall be available for inspection by the County on request. This
information may be used by the County and residents to monitor compliance and for
enforcement, including revocation of the conditional use approval.
The applicant has stressed that there is no reason for guests to come and go from the facility
after 10:00 and has proposed quiet hours from then until 6:00 a.m. Late night comings and
goings raise the potential for numerous impacts including noise and light pollution. Leaving the
parking lot open, however, creates significant enforcement issues. Redmond Fire and Rescue
states that it does not need access into the site. Accordingly, I am imposing a condition of
approval requiring that the entrance be gated and locked or secured so that cars may not enter
after 10:00 p.m., subject to Fire Marshall requirements, if any (e.g. emergency access). Further,
the outdoor cooking area may not be used until 7:00 a.m.
I find that based on the revisions to the proposal, the increased landscaping and additional
conditions of approval this criterion is met.
B. The landscape and existing topography shall be preserved to the
greatest extent possible, considering development constraints and
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 33
suitability of the landscape and topography. Preserved trees and
shrubs shall be protected.
FINDING: The applicant proposes to replace the dwelling on-site in substantially the same,
previously disturbed, area on the property. The site plan notes a number of trees that will be
preserved on-site. Given the small size of the property and the development requirements to
establish the uses, including parking areas and pedestrian walkways, the applicant is preserving
as much of the site as possible.
C. The site plan shall be designed to provide a safe environment, while
offering appropriate opportunities for privacy and transition from
public to private spaces.
FINDING: The proposal provides adequate separation of vehicles from both bicycle parking
and pedestrian walkways. All required clear vision areas will be maintained with the imposition
of the conditions of approval detailed above. The drive aisle will meet the minimum width for
two-way travel, allowing sufficient area for vehicular movement. Staff finds that these design
characteristics will allow the project to provide for a safe environment.
The B&B use, which includes an outdoor gathering area, and the campground use will be sited
90 feet and 95 feet, respectively, from the closest residential use to the south. Approximately
140 feet to the east are residential uses in the Smith Rock Mobile Estates. To address the issue
of privacy and transition from public to private spaces, the applicant proposes landscaping
throughout the site and a 7 -foot -tall wood screening fencing along a portion of the south
property line. Staff notes the wood screening fence will likely block views from the outdoor
gathering space to the Gibson residence. However, it is unclear if this same level of privacy will
be provided from views from the campsites to both the Gibson property as a whole, and the
Smith Rock Mobile Estates. Staff asks the Hearings Officer to focus his review on this criterion.
Hearings Officer: As discussed above, the applicant has proposed additional fencing and
landscaping. Further, the campsites and tent sites will be moved farther away from the property
lines and the two campsites closest to the Gibson property used for one tent each. These
additional steps and the distance from existing residences will afford privacy at least
comparable if not better than other development permitted in the zone. This criterion is met.
D. When appropriate, the site plan shall provide for the special needs
of disabled persons, such as ramps for wheelchairs and Braille
signs.
FINDING: The parking lot includes an accessible parking stall. All on-site walkways will be
reviewed for ADA compliance during building permit review. Any required accommodations will
be addressed at that time. This criterion will be met.
E. The location and number of points of access to the site, interior
circulation patterns, separations between pedestrians and moving
and parked vehicles, and the arrangement of parking areas in
relation to buildings and structures shall be harmonious with
proposed and neighboring buildings and structures.
FINDING: The proposal will utilize an existing driveway from NE Crooked River Drive. No
comments from the Senior Transportation Planner or the Road Department were received
indicating any need to modify this access point. The drive aisle will meet the minimum 24 -foot -
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 34
wide requirement to allow adequate circulation and movement of vehicles in the parking area.
Additionally, the drive aisle will be separated from pedestrian walkways by a split rail fence and
landscaping. The parking stalls will also be separated from pedestrian walkways by
landscaping. The parking area location is conveniently sited for use by both B&B and
campground users. However, the parking will be sited approximately 140 feet from the closest
residential structure in Smith Rock Mobile Estates. To address this issue, the applicant
proposes significant landscaping along the eastern property line between the parking area and
Smith Rock Mobile Estates. Staff asks the Hearings Officer to determine if the location of the
parking area will be harmonious with neighboring structures, given the intervening distance and
landscaping.
Hearings Officer: The applicant has proposed additional landscaping. It notes that the parking
for Smith Rock Mobile Estates is essentially out in the open. The area in general is heavily
impacted by park parking areas. This criterion is met.
F. Surface drainage systems shall be designed to prevent adverse
impacts on neighboring properties, streets, or surface and
subsurface water quality.
FINDING: As noted above, the drainage plan and utility plan indicate that stormwater runoff
from the paved parking area will be contained on-site. The only other impervious surfaces
proposed by the applicant will be the replacement dwelling and outdoor gathering area. There is
no evidence in the record indicating that runoff from the existing dwelling has flowed off-site or
otherwise caused adverse impacts on neighboring properties, streets or surface and subsurface
water quality. Given the amount of available ground area between the replacement dwelling and
gathering area, and properties lines and streets, staff finds runoff from the B&B will not cause
adverse impacts. This criterion will be met.
G. Areas, structures and facilities for storage, machinery and
equipment, services (mail, refuse, utility wires, and the like), loading
and parking and similar accessory areas and structures shall be
designed, located and buffered or screened to minimize adverse
impacts on the site and neighboring properties.
FINDING: The proposal includes a parking area, a composting toilet, a pump house and two
condensing units. Based on staff's review of the site plan and landscaping plan, each of these
project components will be screened by landscaping, fencing, and/or screening panels. With the
exception of the eastern portion of the parking area, the remaining components will be sited at
least 50 feet from any property line. As noted previously, the subject property does not contain
any significant landscape or topographic features. For this reason, staff finds the siting of the
above -referenced components will not have an adverse impact on the site. Similarly, staff finds
the proposed landscaping and screening panels used to buffer the components will minimize
adverse impacts to the site.
With respect to impacts on neighboring properties, the composting toilet, pumphouse and
condensing units are relatively small structures which should be effectively screened by the
proposed landscaping, fencing, and/or screening panels. The parking area will be screened
from the residential uses to the east and south by proposed landscaping. Between the Gibson
residence and the parking area, additional screening will be provided by the replacement
dwelling. Based on this, staff finds this criterion will be met.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 35
H. All above -ground utility installations shall be located to minimize
adverse visual impacts on the site and neighboring properties.
FINDING: No above -ground utility installations are proposed. This criterion does not apply.
L Specific criteria are outlined for each zone and shall be a required
part of the site plan (e.g. lot setbacks, etc).
FINDING: The approval criteria for the underlying MUA10 Zone are addressed above.
J. All exterior lighting shall be shielded so that direct light does not
project off-site.
FINDING: Per the site lighting photometric plan and exterior lighting concept plan, all exterior
lighting will be shielded so that direct light does not project off-site. This criterion will be met.
K. Transportation access to the site shall be adequate for the use.
1. Where applicable, issues including, but not limited to, sight
distance, turn and acceleration/deceleration lanes, right-of-
way, roadway surfacing and widening, and bicycle and
pedestrian connections, shall be identified.
2. Mitigation for transportation -related impacts shall be
required.
3. Mitigation shall meet applicable County standards in DCC
17.16 and DCC 17.48, applicable Oregon Department of
Transportation (ODOT) mobility and access standards, and
applicable American Association of State Highway and
Transportation Officials (AASHTO) standards.
FINDING: The record includes a site traffic report (STR) prepared by Kittleson & Associates,
dated June 14, 2017. The study concluded the following:
• The proposal will generate 5 weekday p.m. peak hour trips and 59 daily trips;
• No discernable crash patterns were identified;
• No sight distance conflicts or impediments exist at the proposed site access point; and
• No improvements to the roadway network are recommended or required due to the
development
The Senior Transportation Planner agrees with the methodology and conclusions of the STR.
Additionally, neither the Senior Transportation Planner nor the Road Department identified any
required mitigation for transportation -related impacts. This criterion will be met.
3. Section 18.124.070. Reauired Minimum Standards.
B. Required Landscaped Areas.
1. The following landscape requirements are established for
multifamily, commercial and industrial developments, subject
to site plan approval:
a. A minimum of 15 percent of the lot area shall be
landscaped.
b. All areas subject to the final site plan and not
otherwise improved shall be landscaped.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 36
FINDING: For the purposes of this criterion, staff considered the proposed uses to be
commercial. Based on staffs review of the landscape plan, significantly more than 15 percent of
the property will be landscaped as retained vegetation and introduced landscaping. This
criterion will be met.
2. In addition to the requirement of DCC 18.124.070(B) (1) (a),
the following landscape requirements shall apply to parking
and loading areas:
a. A parking or loading area shall be required to be
improved with defined landscaped areas totaling no
less than 25 square feet per parking space.
FINDING: The applicant proposes 17 on-site parking spaces, which requires a minimum of 425
square feet of landscaping. Based on staffs review of the landscape plan, significantly more
than 425 square feet of area around the parking lot will be landscaped as retained vegetation
and introduced landscaping. This criterion will be met.
b. In addition to the landscaping required by DCC
18.124.070(B)(2)(a), a parking or loading area shall be
separated from any lot line adjacent to a roadway by a
landscaped strip at least 10 feet in width, and from any
other lot line by a landscaped strip at least five feet in
width.
c. A landscaped strip separating a parking or loading
area from a street shall contain:
1) Trees spaced as appropriate to the species, not
to exceed 35 feet apart on the average.
2) Low shrubs not to reach a height greater than
three feet zero inches, spaced no more than
eight feet apart on the average.
3) Vegetative ground cover.
FINDING: The proposed parking lot will be located adjacent to both NE Crooked River Drive
and NE Smith Rock Loop. Based on staff's review of the landscape plan, the required
landscaping strips along both roadways will be at least 17 feet in width and will include the
components required under (c) (1-3). This criterion will be met.
d. Landscaping in a parking or loading area shall be
located in defined landscaped areas which are
uniformly distributed throughout the parking or
loading area.
e. The landscaping in a parking area shall have a width of
not less than five feet.
FINDING: Per the landscape plan, the retained and proposed landscaping will be located
between and around all parking stalls, and will have a width of at least 5 feet. This criterion will
be met.
f. Provision shall be made for watering planting areas
where such care is required.
g. Required landscaping shall be continuously
maintained and kept alive and attractive.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 37
FINDING: According to the Burden of Proof, the applicant proposes an irrigation/watering
system to meet criterion (f). If the applications are approved, staff recommends a condition of
approval to ensure compliance with these criteria.
Hearings Officer: As I noted earlier, the continued viability of robust landscaping is essential to
compliance with several criteria. Accordingly, it is appropriate to impose a condition requiring
additional steps during the establishment period and on-going replacement.
h. Maximum height of tree species shall be considered
when planting under overhead utility lines.
FINDING: Overhead utility lines exist along the subject property's northwest property line,
parallel to NE Crooked River Drive. Based on staff's review of the landscape plan and the utility
plan, it is not clear whether the height and width of the proposed trees along the northwest
property line could impact the overhead utility lines. Staff asks the applicant to clarify trees
species and provide expected height and width of said trees at maturity.
Hearings Officer: The applicant clarified in its post -hearing submittal that the trees adjacent to
the power lines will be Ponderosa Pines -75', Aspen — 25' and Serviceberry — 15'. A tree
management plan will be completed. Staff did not comment further on this submittal. This code
section does not require a particular outcome, only documentation that this issue be considered.
This criterion is met.
C. Non -motorized Access.
1. Bicycle Parking. The development shall provide the number
and type of bicycle parking facilities as required in DCC
18.116.031 and 18.116.035. The location and design of bicycle
parking facilities shall be indicated on the site plan.
FINDING: The applicable criteria under DCC 18.116.031 and .035 are addressed above.
2. Pedestrian Access and Circulation:
a. Internal pedestrian circulation shall be provided in new
commercial, office and multifamily residential
developments through the clustering of buildings,
construction of hard surface pedestrian walkways, and
similar techniques.
FINDING: The proposal includes pedestrian walkways that will connect the parking area,
campground, and B&B. The plan also includes a pedestrian walkway that will connect to NE
Crooked River Drive, providing access to Smith Rock State Park. Staff notes that the proposed
walkways will be decomposed granite rather than a hard surface. Staff asks the applicant to
address this criterion. Alternatively, if the applications are approved, staff recommends a
condition of approval requiring all pedestrian walkways to be surfaced with asphalt, concrete, or
similar hard surface.
Hearings Officer: This criterion is met. The only issue is the surface material. As I understand
it, staff reads this as imposing at least two mandatory requirements: clustering of buildings and
hard surface walkways, plus additional similar techniques. Although I think the language
arguably is ambiguous, the applicant does not propose an alternate reading or, for example, cite
other development approved without requiring these measures. Rather, the applicant argues
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 38
that it makes more sense for several reasons to have decomposed granite paths. That may be
true, but I am not comfortable overturning staff's straight -forward and plausible reading absent
the applicant demonstrating that there is a compelling alternative reading of this criterion.
b. Pedestrian walkways shall connect building entrances
to one another and from building entrances to public
streets and existing or planned transit facilities. On
site walkways shall connect with walkways, sidewalks,
bikeways, and other pedestrian or bicycle connections
on adjacent properties planned or used for
commercial, multi family, public or park use.
FINDING: The proposed pedestrian walkways will connect the B&B to NE Crooked River Drive.
No walkways, sidewalks, bikeways, pedestrian connections or bicycle connections exist on
adjacent properties. There are no existing or planned transit facilities in the area. This criterion
will be met.
c. Walkways shall be at least five feet in paved
unobstructed width. Walkways which border parking
spaces shall be at least seven feet wide unless
concrete bumpers or curbing and landscaping or other
similar improvements are provided which prevent
parked vehicles from obstructing the walkway.
Walkways shall be as direct as possible.
FINDING: Per the BoP, the parking stall adjacent to the pedestrian walkway will include a
concrete bumper. For this reason, the required width of all walkways is 5 feet. Per the site plan,
all walkways will be 5 feet in width. The applicant proposes decomposed granite for walkway
surfacing. As noted above, staff recommends a condition of approval requiring all pedestrian
walkways to be surfaced with asphalt, concrete, or similar hard surface.
d. Driveway crossings by walkways shall be minimized.
Where the walkway system crosses driveways,
parking areas and loading areas, the walkway must be
clearly identifiable through the use of elevation
changes, speed bumps, a different paving material or
other similar method.
FINDING: Due to the clustering of the B&B and campground uses south of the parking lot, the
project does not include any driveway crossings by walkways. This criterion does not apply.
e. To comply with the Americans with Disabilities Act,
the primary building entrance and any walkway that
connects a transit stop to building entrances shall
have a maximum slope of five percent. Walkways up
to eight percent slope are permitted, but are treated as
ramps with special standards for railings and landings.
FINDING: Any required accommodations to comply with ADA standards will be addressed
during building permit review. This criterion will be met.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 39
F. Chapter 18.128, Conditional Uses
1. Section 18.128.015. General Standards Governing Conditional Uses.
Except for those conditional uses permitting individual single family
dwellings, conditional uses shall comply with the following standards in
addition to the standards of the zone in which the conditional use is
located and any other applicable standards of the chapter:
A. The site under consideration shall be determined to be suitable for
the proposed use based on the following factors:
1. Site, design and operating characteristics of the use;
FINDING:
Site and Design
The subject property is 2.5 acres in size and is triangular in shape. The property's northwest
and northeast property lines front NE Crooked River Drive and NE Smith Rock Loop,
respectively. Topography on-site is generally level along the perimeter of the property, with a
slightly higher area in the center of the property where the existing dwelling is located.
Vegetation consists of juniper trees and grasses. Development on-site includes a single-family
dwelling, barn, shed, and driveway.
Per the site plan, the site is of sufficient size to accommodate both the B&B and campground
uses. The replacement dwelling will be sited in substantially the same location as the existing
dwelling, minimizing ground disturbance. Similarly, the proposed camp sites will be located in an
area previously used as a horse pasture and the existing driveway will be used to access the
parking lot, minimizing the need to disturb other areas of the property. There are no significant
natural site features which would preclude siting of the uses on the property. For these reasons,
staff finds the siting and design of the proposed B&B and campground is suitable to the
property.
Operating Characteristics5
The project includes two uses, a bed and breakfast inn and a campground. The operating
characteristics of each use are detailed below.
Bed and Breakfast Inn
• Replacement of the existing dwelling with a new dwelling to accommodate the B&B use
• 3 guest rooms to accommodate up to 8 guests
• 1 caretaker room
• Outdoor dining and gathering area adjacent to the B&B building
Campground
• 6 camp sites
• Each camp site will include 2 tent sites for a maximum occupancy of 24 camping guests
• Composting toilet
5 The original proposal included the ability for the neighborhood to use the property for gatherings and
events. This operating characteristic was removed in the applicant's response to staffs Incomplete
Letter.
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• Camper services such as cooking facilities, dining areas and bathrooms will be available
within the B&B structure to reduce potential noise and minimize disturbance to the
surrounding area
• Exterior lights will be dimmed and/or turned off during the night, with motion sensor
activation for guest safety
Guest Management
• 17 vehicular parking spaces and 4 bicycle parking spaces
• Overnight accommodations will be by reservation only to allow Mazamas staff an
opportunity to inform guests of expectations during their stay
• Quiet hours will begin at 9 pm and will be regulated by Mazamas on-site staff
• "Lights out" at 10 pm
The site does not present any adverse natural features or hazards which would prohibit the
proposed operating characteristics. Additionally, the operating characteristics of the use are not
expected to adversely affect the site by impacting significant natural features on-site. Staff finds
the operating characteristics are suitable to the site.
Hearings Officer: This criterion addresses the subject site. Whether the use is compatible with
nearby uses or has off-site impacts is addressed elsewhere. I concur with staff's analysis but
note that many of the concerns and compliance issues discussed in this decision stem from the
small size of the site. Anything smaller would seem to be too small, but I concur with staff that
nothing about the site makes it unsuitable for the proposed use.
2. Adequacy of transportation access to the site; and
FINDING: As noted above, the submitted STR found no indication of crash history on adjacent
roadways and no sight distance conflicts or impediments at the existing access point.
Additionally, the STR and county staff found that no transportation -related improvements were
required. For these reasons, staff finds the site is suitable for the project considering
transportation access.
3. The natural and physical features of the site, including, but
not limited to, general topography, natural hazards and
natural resource values.
FINDING: Topography on-site is generally level along the perimeter of the property, with a
slightly higher area in the center of the property where the existing dwelling is located.
Vegetation consists of juniper trees and grasses. Natural resource value of the property is
limited to existing vegetation. Natural hazards are likely limited to wildfire potential. Staff finds
there is nothing about the natural and physical features of the site that will preclude or
significantly hamper operation of the B&B and campground.
Concerns regarding the increased potential for wildfire were included in the public comments.
Staff notes that the subject property is within a mapped Wildfire Hazard area. Staff asks the
applicant to address wildfire hazard, particularly considering the camp sites and the potential for
human -generated ignition sources.
Hearings Officer: Several commenters expressed concerns about fire hazard. The applicant
responded that the B&B will have an automatic sprinkler. There will be 7500 gallon cistern and
dry chemical fire extinguishers. No campfires or smoking is permitted. All cooking will be gas
stoves on the concrete outdoor cooking area. Redmond Fire and Rescue is satisfied. This
criterion is met.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 41
B. The proposed use shall be compatible with existing and projected
uses on surrounding properties based on the factors listed in DCC
18.128.015(A).
FINDING: The property's northwest property line is NE Crooked River Drive. The property's
northeast and east property lines are NE Smith Rock Loop. Approximately 60 feet to the
northeast is Smith Rock State Park (Park) on land zoned Open Space & Conservation (OS&C).
Immediately across NE Crooked River Drive are parking spaces associated with the Park.
Approximately 60 feet to the northeast, across NE Smith Rock Loop, is the Smith Rock Mobile
Estates manufactured home park on land zoned MUA10. To the northeast, east and south are
MUA10-zoned lands developed with single-family dwellings and agricultural uses consisting
primarily of livestock and horses with associated pastures.
Within the OS&C lands, projected uses will likely include continued maintenance and possible
upgrades to the Park. On the MUA10-zoned lands, projected uses are likely to include single-
family dwellings with some agriculture use.
Site and Design
As detailed above, all structures will observe all required MUA10 Zone setbacks. The closest
residence to the proposed B&B and campground uses will be the Gibson residence adjacent to
the south. The Gibson residence will be approximately 90 feet south of the replacement dwelling
that will include the B&B, and approximately 95 southwest of the closest camp site, identified as
#6 on the site plan. To the east, the closest residential structure in Smith Rock Mobile Estates
will be approximately 140 feet from the closest camp site and from the parking area.
As detailed in the public comments in the record, surrounding neighbors express concern
regarding the compatibility of the proposed uses to existing residential uses and the rural
character of the area. Neighbors expressed concern that the small size of the property provides
little buffering and screening from adjacent properties, especially in relation to expected noise
levels. Of particular note is the email submitted by Marty and Terri Johnston, dated May 6,
20176. The Johnston family has owned and operated Cape Kiwanda RV Resort in Pacific City,
Oregon since 1969. Their testimony describes their experience with camping sites and noise
levels. To address this issue, the applicant has proposed landscaping surrounding and within
the camp sites, along with a screening fence along a small portion of the southern property line.
Given the proximity of the proposed camp site to nearby residential uses and the testimony from
the Johnstons, staff asks the Hearings Officer to determine if the siting and design of the
camping sites is compatible with existing and projected residential uses in the area.
With respect to the B&B use, the replacement dwelling will occupy substantially the same area
as the existing dwelling. The primary difference is the inclusion of an outdoor dining and
gathering area. Similar to the discussion above, staff asks the Hearings Officer to determine if
the siting of the outdoor dining and gathering area is compatible with existing and expected
residential uses.
Staff does not anticipate any significant adverse impact to Smith Rock State Park due to the
siting and design of the project. Even if the B&B and campground uses were to operate at full
capacity, this would result in only a slight increase in usage of the Park over current attendance
levels. A minor positive effect would be the small relief in parking demand at the Park by
providing parking on-site for B&B and campground users.
6 The email string concludes with staff's response to the Johnston's email, which is dated May 8, 2017.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 42
Operating Characteristics
Similar to the discussion above, neighbors expressed concern that the operating characteristics
of the camp sites and the outdoor dining and gathering area, will cause noise impacts, lighting
impacts, and increase the risk for fire hazard. To address noise impacts and lighting impacts,
the applicant incorporates the following operating characteristics:
• Quiet hours beginning at 9 pm
• "Lights out" at 10 pm
• Availability of bathroom and kitchen facilities within the B&B for campers
• Lights will be dimmed/turned off at night with motion sensors for the safety of campers
• Required reservations to allow Mazamas staff to inform guests of expectations
• Introduced landscaping and screening fencing
• On-site caretaker for oversight
Although the above operating characteristics address noise and lighting impacts, no measures
have been proposed to address fire hazard. Staff asks the applicant to address the potential for
increased fire risk.
Given the proximity of the camp sites to nearby residential uses and taking into consideration
the management experience of the Johnstons at Camp Kiwanda RV Resort, staff is unsure if
the proposed operating characteristics are sufficient to mitigate impacts such that the project is
compatible with nearby residential uses and the rural character of the area. Staff asks the
Hearings Officer to focus his review on this criterion.
Adequacy of Transportation Access
As noted above, the submitted STR found no indication of crash history on adjacent roadways.
The expected trip increase on adjacent roadways will not exceed the carrying capacity of these
roadways. Additionally, the STR and county staff found that no transportation -related
improvements were required. For these reasons, staff finds the project is compatible with
existing and projected uses on surrounding lands considering transportation access.
Natural and Physical Features
The natural and physical features of surrounding properties to the south, east and northeast is
similar to those of the subject property — generally level, with some slight undulating terrain
throughout. Vegetation on surrounding properties generally consists of irrigated pasture with
some juniper trees. To the west and northwest, natural and physical features of the land are
dominated by Crooked River and Smith Rock. Vegetation within Smith Rock State Park consists
primarily of sage brush with some trees. Based on the site design and operating characteristics
of the B&B and campground, staff finds the proposal will not adversely impact the natural and
physical features of surrounding properties.
The primary natural hazard in the area is wildfire risk. As noted above, staff asks the applicant to
address the potential increased risk of fire due to activity at the camp sites.
Natural resource values of the area are primarily centered on Crooked River and Smith Rock.
Given the existing heavy human activity in and around Crooked River and Smith Rock, staff finds
the project will not adversely affect the natural resource value of Crooked River or Smith Rock.
Hearings Officer: This standard is subject to a long-standing and, as far as I have seen,
consistently applied, interpretation that it is not enough that the use may interfere with the
enjoyment of nearby properties unless that interference is so great as to effectively preclude the
use of those properties. This is a rather high standard for opponents to meet. It reflects the fact
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 43
that, by their very nature, conditional uses are likely to have undesirable aesthetic, operational or
other impacts on the character and traditional enjoyment of the area. See e.g., CU -12-15; CU -11-
14, CU -08-79. It is noted that manufactured home parks are themselves a conditional use in the
MUA-10 zone. Chapter 18.32.030 CC. DD, EE. So the MUA 10 zone appears to contemplate that
campgrounds and relatively dense residential development may coexist at least in some
circumstances.
In addition to the operating standards noted by staff, the applicant has stated that there will be no
amplified music, the outdoor gathering area is for eating only and not events, no pets and,
campfires are not permitted, etc. Smith Rock State Park is anticipated to receive 27,000 visitors a
day in 2017. Numerous persons testified that they already can hear sounds from climbers and from
the much less regulated bivouac camping area provided by the State. If the explosive growth in
use of the park has not made nearby properties unsuitable for continued residential and rural
related uses, it is hard to see how the addition of 6 campsites rises to that level. Of course, this
does not mean that there will be no impacts or that the applicant is relieved from responsibility for
mitigating those impacts. As discussed above, I am imposing additional conditions of approval and
clarifying others to minimize impacts.
There were allegations that the proposal would negatively impact property values. See e.g. Holly
Gardner 9/28 comments. No studies or appraisal information was provided by opponents. The
applicant states in its rebuttal that an appraiser stated that the proposal would not impact property
values. I have not found that in the record, however, so am not considering it. As discussed
above, the area already is heavily impacted. The site is considered by some to be an eyesore.
There simply is insufficient basis to conclude that property values would be significantly impacted,
and especially enough to place the viability of nearby uses at risk.
The testimony from the owners of the Cape Kiwanda RV Resort has been considered and supports
the general concerns raised. But it shows that camping facilities do not substantially interfere with
the use of nearby properties for residences. Further, as the applicant notes the proposal before
me is substantially different and includes measures to mitigate impacts not found in that example.
This criterion, as historically interpreted, is met.
2. Section 18.128.310. Bed and Breakfast Inn.
A. Bed and breakfast inns shall be restricted to owner occupied single
family residences.
FINDING: The Mazamas Foundation owns the subject property. The Mazamas propose to occupy
the replacement dwelling with Mazamas staff. This criterion will be met.
B. Bed and breakfast inns located in farm or forest zones shall utilize
existing dwellings or dwellings conforming to the requirements of
those zones relating to single family dwellings.
FINDING: The subject property is not zoned farm or forest. This criterion does not apply.
C. No more than three sleeping rooms shall be available for the
accommodation of inn visitors.
FINDING: The applicant proposes 3 guest rooms. This criterion will be met.
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D. No more than eight guests shall be accommodated at any one time.
FINDING: The applicant proposes a maximum guest occupancy of 8. This criterion will be met.
E. Occupancies shall be limited to not more than 30 consecutive days.
FINDING: The applicant proposes guest occupancy of not more than 30 days. This criterion will be
met.
F. Breakfast shall be the only meal provided to inn guests.
FINDING: The applicant agrees to provide only breakfast as part of the B&B use. This criterion will
be met.
Hearings Officer: I could not find this in the record, but have imposed a condition of approval to
this effect.
G. The exterior of the building shall maintain a residential appearance.
FINDING: The applicant argues the replacement dwelling will maintain a residential appearance.
Based on staffs review of the exterior elevation drawings, staff agrees.
The record includes a public comment asserting the structure involves external changes to the
dwelling that would give the dwelling an outward appearance of a business. However, no specific
external characteristics of the replacement dwelling were identified by the commenter. For this
reason, staff is unable to address this comment.
H. The bed and breakfast inn shall be operated in a way that will prevent
unreasonable disturbance to area residents.
FINDING: The greatest potential for unreasonable disturbance to area residents will likely
originate from vehicles in parking area and the outdoor dining and gathering area. To address
noise issues from both the parking area and the outdoor dining and gathering area, the applicant
proposes a significant amount of landscaping to provide noise, lighting and visual mitigation. In
addition, the applicant proposes a wood screening fence along a small portion of the south
property line to attenuate noise impacts from the outdoor dining and gathering area. Finally, the
applicant proposes operating characteristics, as discussed above, to mitigate noise, lighting and
visual impacts. Staff is unsure if these measures are sufficient to prevent unreasonable
disturbance to area residents considering the proximity of nearby dwellings. Staff asks the
Hearings Officer to focus his review on this criterion.
Hearings Officer: Most, but not all, of the opposition has been focused on the campground
although some had concerns about the outdoor gathering area. As noted elsewhere, the applicant
has proposed additional fencing and landscaping. The applicant states that it will have quiet hours
starting at 9:00 and "lights out" at 10:00 p.m. At the hearing, in response to my question, the
applicant clarified that the "gathering space" is for eating and not for events, e.g. speakers, socials
or whatever. But the proposal provides few specifics as to exactly what some of these operational
measures entail. To minimize disturbance, and to ease enforcement, I have clarified several
conditions of approval and imposed additional conditions. For example, I am requiring that the
parking lot be gated and locked at 10:00 p.m. (with fire department consultation). The outdoor area
may not be used before 7:00 a.m. All lighting shall be motion activated unless inconsistent with a
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 45
safety regulation. With the additional conditions imposed below, I find that the B&B will not cause
unreasonable disturbance.
1. One off street parking space shall be provided for each guest room in
addition to parking required for the residence.
FINDING: The applicant proposes a total of 4 parking spaces to accommodate the 3 guest rooms
and the caretaker room. This criterion will be met.
J. Approval shall be conditioned upon compliance with all applicable
state building code requirements and state sanitation requirements.
FINDING: If the applications are approved, staff recommends a condition of approval to ensure
compliance.
K. Bed and breakfast inns in the Wildlife Area Combining Zone are subject
to the provisions of DCC 18.88.
FINDING: The subject property is not located within a Wildlife Area Combining Zone. This criterion
does not apply.
3. Section 18.128.320. Camoarounds.
A conditional use permit for a campground may be issued only when the
following criteria are met:
A. Campgrounds shall provide patrons with opportunities for outdoor
recreation that are compatible with the natural setting of the area.
Outdoor recreation activities include fishing, swimming, boating,
hiking, bicycling, horseback riding and other similar activities.
Outdoor recreation does not include commercial uses such as
miniature golf courses, go cart tracks or rental of equipment or
animals.
FINDING: The proposed campground will be located across NE Crooked River Drive from Smith
Rock State Park, providing patrons with an opportunity to hike and bike within the Park. The
campground includes a pedestrian walkway that leads to NE Crooked River Drive. The terminus of
this walkway will be approximately 120 feet from a pedestrian path located adjacent to the Park
parking stalls along NE Crooked River Drive. The applicant also proposes to provide 4 bicycle
parking spaces for patrons who wish to bike within the Park. No commercial uses such as those
detailed in the criterion are proposed. This criterion will be met.
B. Street access shall be provided as follows:
1. The campground shall obtain direct access from a street or road
designated as an arterial or collector by the Deschutes County
Comprehensive Plan.
FINDING: The subject property will continue using the existing driveway from NE Crooked River
Drive, classified as a collector road. This criterion will be met.
2. Access to the campground shall be adequate to handle the
anticipated traffic generated by the use.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 46
FINDING: As detailed previously, access to the subject property is adequate to handle the
anticipated traffic generated by both the B&B and campground use. This criterion will be met.
3. The Deschutes County Public Works Department or the State
Highway Division may require refuge lanes for left hand turns
and deceleration lanes for right hand turns where necessary for
public safety.
FINDING: Neither the STR nor county staff identified a need for roadway improvements. This
criterion does not apply.
C. Water supply and sewage disposal shall be provided as follows:
1. Applicant shall demonstrate that there is adequate potable water
available at the site to serve the campground. When the water is
to be supplied from a well, a well log is required to show that an
ample supply of water will be available for the campground it
will serve.
FINDING: The applicant proposes potable water via on-site well. The record includes a well log of
the surrounding area indicating static water level between 138 to 331 feet. There is no evidence in
the record to suggest adequate water is unavailable to the applicant for the proposed uses. As
noted in the comments from the Health Department, the applicant will be required to secure
approval for a public water system. If the applications are approved, staff recommends a condition
of approval to ensure compliance.
2. Plans for water supply and sewage disposal improvements must
be approved by the State Health Division and the Department of
Environmental Quality.
FINDING: If the applications are approved, staff recommends a condition of approval to ensure
compliance.
3. Evidence shall be provided to demonstrate that the campground
will be eligible for a certificate of sanitation as required by the
Oregon Department of Environmental Quality.
FINDING: As noted in the comments from the Environmental Soils Division, the applicant will be
required to secure wastewater permit approval. There is nothing in the record to suggest the
applicant cannot site a sufficient septic system to serve the project. If the applications are
approved, staff recommends a condition of approval to ensure compliance.
D. A campground shall conform to state standards specified in OAR
Chapter 918, Division 650 and the following:
FINDING: Applicable sections of OAR 918-650 are addressed below.
1. Sixty five percent of a parcel developed as a campground shall
be retained as open space. Natural vegetation shall be
maintained in open space areas to the fullest extent possible.
Walkways, roadways, parking spaces, structures, service areas
and campsites shall not be considered open space.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 47
1
FINDING: Per the BoP, approximately 74 percent of the property will be retained in open space.
Additionally, the site plan illustrates trees which will be preserved on-site. This criterion will be met.
2. The space provided for each campsite shall be not less than
1600 square feet exclusive of any space used for common areas
such as roadways, general use structures, walkways,
landscaped areas and parking spaces other than those assigned
to particular campsites.
FINDING: For the purposes of this calculation, the applicant identifies 6 camp sites, each at 1,420
square feet, with an associated 180 -square -foot parking space. Using this calculation, each camp
site will be 1,600 square feet in size, meeting this criterion. However, using this methodology would
produce an interpretation where an area identified as a "camp site" could theoretically include any
number of tent sites as long as each "camp site" was 1,600 square feet in size. Staff asks the
Hearings Officer to determine if the applicant's methodology is appropriate.
Hearings Officer: As I understand it, staff is concerned about whether this standard should be
read as imposing a 1,600 square foot minimum per tent site, i.e. does a tent site equate to a
campsite. Neither term is defined in the Code. The applicant cites to OAR 333-031-0062 which
distinguishes between "camping spaces" and the number of tents. It notes that other campground
providers limits to 6 or 8 the number of persons at a campsite. The Merriam -Webster online
dictionary defines "campsite" as "a place suitable for or used as the site of a camp". There is no
reference to a tent or number of persons. I conclude that the better reading of the Code is that the
size limitation relates to each separate area available for camping, i.e. campsite and does not, in
itself, limit the number of tents at a campsite to one. The number of tents or campers is regulated
by such things as parking limits and the impact related criteria of the Code.
3. Campgrounds shall provide potable water, toilet and shower
facilities, lighting, picnic tables and garbage collection sites for
the convenient use of campers as specified in ORS 918.650.
Water and electric lines shall be placed underground.
FINDING: As detailed previously and shown on the site plan, the applicant proposes to provide all
of the required components identified in this criterion. The applicant agrees to place water and
electric lines underground. If the applications are approved, staff recommends a condition of
approval to ensure undergrounding of water and electrical lines.
4. Campgrounds shall not provide campsite hookups for sewage
disposal or electricity. A centralized sewage dump station that
meets state standards may be provided.
FINDING: The applicant
electricity. This criterion will
does not propose any campsite hookups for sewage disposal or
be met.
5. Roadways permitting one way traffic shall be not less than 10
feet wide and those permitting two way traffic shall not be less
than 20 feet wide. Where parking is allowed on the margin of
the road, an additional 10 feet shall be added for each parking
lane.
Roadways shall be improved with an all weather, dustless
surface.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 48
FINDING: The drive aisle is proposed with a 24 -foot asphalt paved width to accommodate two-
1
way travel. This criterion will be met.
6. Except for the access roadway serving the campground, no
vehicular or pedestrian access shall be allowed out of the
campground. Fences shall be provided which prevent trespass
to property not under the control of the campground owner.
FINDING: No access roadway other than the drive aisle to the parking area is proposed. Fencing
is proposed along the entire perimeter of the subject property. This criterion will be met.
7. Each campsite shall be provided with at least one parking space
which shall be paved or covered with crushed gravel and
designed to promote drainage of surface runoff.
FINDING: The applicant proposes 6 campsites, each with 2 tent sites. As noted above, staff finds
the required parking is 12 vehicular parking spaces. The parking area includes a total of 17 parking
spaces to accommodate the required 12 campground spaces and the 4 B&B spaces. The parking
area will be paved with runoff directed to catch basins and a drywell. This criterion will be met.
8. Campgrounds shall be surrounded by buffer strips of existing
vegetation or landscaping.
FINDING: Based on staff's review of the landscaping plan, the campground will be surrounded by
introduced landscaping. This criterion will be met.
9. To promote privacy and preserve the integrity of the natural
setting, campgrounds shall retain existing vegetation to the
fullest extent practical.
FINDING: As shown on the site plan and landscape plan, a number of trees will be retained as
part of this project. This criterion will be met.
10. Yards and Setbacks.
a. Campsites or parking spaces shall not be located within
the yard and setback areas required by the County for
permanent buildings in the zone in which the
campground is located.
FINDING: Pursuant to the MUA10 Zone, the required setbacks from NE Crooked River Drive and
NE Smith Rock Loop are 30 feet and 20 feet respectively. The required setback from the south
property line is 25 feet. Based on staffs review of the site plan, only the caretaker parking space
associated with the B&B use will be located within a require yard setback. The proposed campsites
will be at least 100 feet from NE Crooked River Drive, at least 40 feet from NE Smith Rock Loop,
and at least 25 feet from the south property line. This criterion will be met.
b. No developed portion of the campground shall be located
within 100 feet of the right of way of any road or property
line of a lot not part of the campground.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 49
c. No developed portion of the campground shall be located
closer than 300 feet from a road in a Landscape
Management overlay zone.
FINDING: For the purposes of these criteria, staff considers the parking area and pedestrian
walkways to be a part of the developed campground. While it could be argued that the walkways
should not be included as part of the campground, staff notes that the definition of campground
requires the property to be contiguous to a park. Staff views the pedestrian walkway, which
provides access to Smith Rock State Park, as integral to meeting the campground definition.
As proposed, the campground development will be sited at the right-of-way line associated with NE
Crooked River Drive, a landscape management road. The campground will be sited within 24 feet
of NE Smith Rock Way. Finally, the campground will be sited within 25 feet of the south property
line. Because the required setbacks will not be met, the applicant requests a waiver of criteria (b)
and (c) as discussed below.
Hearings Officer: I concur with staff that the parking area and walkways are part of the
"developed" portion of the site for purposes of this criterion. It is less clear that the campsites
themselves constitute a "developed" portion of the site as they are essentially unimproved except
for landscaping. Nevertheless, it is clear that the applicant is proposing a substantial reduction.
This is true even with the shifting of the campsites and reduction to one tent for campsites 5 and 6.
d. Setback requirements in DCC 18.128.320(D)(10)(b) and (c)
may be waived upon a finding by the Planning Director or
Hearings Body that the developed portion of the
campground will be sufficiently screened and buffered
from neighboring properties or the protected landscape
area.
FINDING: In support of the waiver request, the applicant proposes landscaping surrounding and
within the campground. Given the significant difference between the required setbacks and the
proposed setbacks, staff is unsure if the proposed landscaping is sufficient to warrant granting of
the waiver. Per the BoP, the applicant is open to additional landscaping requirements to secure
the requested waiver. Staff asks the Hearings Officer to focus his review on this waiver request.
Hearings Officer: This section again illustrates the problems associated with proposing to
shoehorn a campground into a relatively small site. There is simply no way to meet these large
setbacks. On the other hand, the MUA-10 zone does not impose a minimum lot size for
campgrounds and it provides a rather broadly worded, and subjective, exception to the setbacks.
The bed and breakfast inn is both a separate use, and arguably part of the campground since it
provides the kitchen and eating area for the campsites. But it is a replacement for an existing
structure in the same location. Applying the setback strictly to this structure could mean that the
parcel is undevelopable — a result to be avoided if possible. The applicant also is proposing to
remove some structures and to both clean-up and revegetate a site that several commenters
stated is an eyesore.
With the exception of the inn, most of the proposed development has relatively minimal visual
impact. The parking lot is flat except for the cars, as are the pedestrian walkways. The septic
drainage field is underground. The campsites contain minimal structures. The applicant is providing
the tents which will not exceed 4' in height. There are screened condensing units within the
setback south of the inn, as well as a 12' high pump house and a 12' height composting toilet.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 50
As discussed above, the applicant is proposing an additional length of fence along the south land
several areas of additional landscaping to what already is an extensive restoration/landscaping
plan. The applicant proposes to shift the campsites away from the southern and eastern property
lines and limit campsites 5 and 6 to one tent. From a visual standpoint, it appears that the site will
be much improved from its current state. Accordingly, I find that the standard for a waiver is met,
except that I am denying approval of the composting toilet under this standard. First, the applicant
concedes that it is not a necessary structure. Further, it appears that it could be relocated farther
north within the ring created by the pedestrian path or, even better, between the parking area and
campsite number 1. This would make it much less likely to be visible from the property to the south
and from the residences to the east. The applicant presumably may apply later for a permit to
construct the composting toilet at which time the optimum location may be addressed.
11. Tent campers and recreational vehicles shall not remain in the
campground for more than 30 days in any 60 day period.
FINDING: The applicant agrees to this limitation. If the applications are approved, staff
recommends a condition of approval to ensure compliance.
12. The campground shall be licensed as a tourist facility by the
State Department of Health as specified in ORS 446, unless
operated by a public entity, timber company or private utility.
FINDING: If approved, staff recommends a condition of approval to ensure compliance.
13. One dwelling may be allowed for a resident caretaker or
proprietor.
FINDING: The applicant proposes a replacement dwelling to house an on-site caretaker. This
criterion will be met.
TITLE 15, BUILDING AND CONSTRUCTION
Chapter 15.08, Signs
FINDING: The applicant proposes a monument sign just southwest of the driveway. At this time,
the applicant has not applied for a sign permit. If the applications are approved, staff recommends
a condition of approval requiring the applicant to secure sign permit approval.
OREGON ADMINISTRATIVE RULES
Chapter 918, Division 650
918-650-0020
Permit Required
No person may establish or enlarge the facilities of any recreation park or organizational
camp or do any construction within the recreation park or organizational camp or cause the
same to be done without first obtaining all required permits from the building official and
paying the prescribed permit fees. Multiple permits may be required when the proposed
work involves two or more code areas (i.e., structural, electrical, plumbing, or mechanical).
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 51
EXCEPTION: Applications for permits, submission of plans and payment of fees are not
required for additions, alterations, relocation and maintenance of picnic tables, play
equipment, fire pits and similar facilities in existing parks.
FINDING: If the applications are approved, staff recommends a condition of approval requiring the
applicant to secure all necessary permits from the Building Official.
918-650-0025
Coordinating Regulation
Permit Issuance:
(1) The application, plans, specifications, computations and other data filed by an applicant
must be reviewed by the building official. Such plans may be reviewed by other
departments or agencies to verify compliance with any applicable laws under their
jurisdiction. If the building official finds that the work described in the application for a
permit and the plans, specifications and other data filed conform to the requirements of
these rules and other pertinent laws and ordinances, and that the fees have been paid, the
building official must issue a permit to the applicant. Regulations that also apply to
recreation parks and organizational camps are:
(a) Land Use. Land use must comply with the regulations of the unit of government which
has planning authority over the proposed construction site;
FINDING: In compliance with this standard, the applicant has applied for all necessary land use
permit.
(b) Flood Zones. Buildings or areas used within a flood zone must be approved by the
agency having jurisdiction prior to the issuance of permits;
FINDING: The subject property is not located within the Flood Plain Zone. This standard does not
apply.
(c) Water Supply. Water supply systems must comply with regulations under the
Department of Human Services Oregon Health Authority;
FINDING: As noted above, the applicant will be required to secure permit approval for a public
water system.
(d) Sewage Disposal. Sewage treatment and disposal facilities, including, but not limited to,
on-site facilities, solid waste container wash -down facilities, gray water waste disposal
systems, pit privies, vaults and chemical toilets, must comply with regulations under the
Oregon Department of Environmental Quality;
FINDING: As noted above, the applicant will be required to secure septic permit approval.
(e) Solid Waste Disposal. Solid waste disposal must comply with regulations under the
Department of Human Services Oregon Health Authority and such waste must be disposed
of in a manner that complies with regulations under the Oregon Department of
Environmental Quality;
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 52
(f) Eating and Drinking Establishments. Eating and drinking establishments must comply
with regulations under the Department of Human Services Oregon Health Authority;
(g) Ice Machines. Ice machines must comply with regulations under the Oregon State
Department of Agriculture;
FINDING: If the applications are approved, staff recommends a condition of approval to ensure
compliance with standards (e —g) above.
(h) State Building Code. Buildings and structures must comply with the State Building Code
and where applicable to rules adopted thereunder;
FINDING: As noted above, the applicant will be required all necessary building permits.
(i) Highway, Street and Driveway Permits. Access must comply with the regulations of the
city, county or State Highway Division having jurisdiction over access to the public roads;
FINDING: The applicant proposes to use the existing access driveway from NE Crooked River
Drive. No new driveway access permit or other access improvements are required. This standard
will be met.
(j) Fire Protection. Fire protection facilities must comply with the requirements of the
appropriate jurisdiction's fire protection regulations;
FINDING: The record includes comments from Redmond Fire and Rescue. To ensure compliance
with applicable fire protection regulations, staff recommends a condition of approval requiring the
applicant to submit to the Planning Division a letter from Redmond Fire and Rescue stating that all
required fire protection regulations have been met. Said letter must be submitted prior to initiating
the campground use.
(k) Liquefied Petroleum Gas (LPG). Liquefied petroleum gas installations must comply with
the regulations of the Oregon State Fire Marshal;
(I) Swimming Pools and Spas. Swimming Pools and spas must comply with regulations
under the Department of Human Services Oregon Health Authority;
(m) Hostels. Hostels must comply with the Oregon State Building Code and with regulations
under the Department of Human Services Oregon Health Authority;
FINDING: The components listed in standards (k — m) are not proposed as part of this
campground application. These standards do not apply.
(n) Engineers/Architects Design. When required, park and camp designs must be prepared
by a registered design professional.
FINDING: The proposed campground design was prepared by design professionals Hennebery
Eddy Architects and Hickman Williams & Associates, LLC. This standard is met.
(2) Recreation Park and Organizational Camp Operating License Approved parks and camps
must comply with any operating license requirements established by the Department of
Human Services Oregon Health Authority.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 53
FINDING: If approved, staff recommends a condition of approval to ensure compliance.
MISCELLANOUS ISSUES:
1. Precedent: Several persons expressed concern that approving this application would set a
precedent for future applications, encouraging similar developments and eventually fundamentally
altering the character of the area. Each application must be reviewed on its merits for compliance
with applicable standards. Each property presents its own factual circumstances as does each
neighborhood. So in that regard, the concern about precedent is misplaced. The concern is valid
as regards how the Code is interpreted. Although other hearings officers, much less the Planning
Commission or Board of Commissioners, are not bound by my reading of the code, but it may have
some influence. There also is value in consistency in interpretation. Ultimately, however, the
precedent objection fails because there is no Code standard requiring or somehow making
precedential potential relevant to whether a particular application should be approved.
2. Existing Mazama practices. Concerns were raised that the Mazama organization brings too
many people to the park for classes and climbing tours. The only potential relevance to this
application is whether the proposal would significantly impact Smith Rock Park. There is no
evidence that the proposal will add any significant number of new users. The State has expressed
no concerns. It is evident that the Park may be being loved to death, but that important issue is
outside the scope of this application.
3. Legal status. It is argued that the owner of TL 801 has a prescriptive right to the subject
property's irrigation system or may have other property interests that would be impaired by the
development. Again, I am cited to no applicable approval criterion in this regard. It is important to
stress that this approval is not an adjudication of property rights and does not authorize the
applicant to exercise property rights it does not have. It simply finds that the applicant has
demonstrated compliance with the applicable land use standards.
4. Survival of landscaping. The proposed landscaping is a critical component of meeting the
standards. The applicant states that the project will include landscape irrigation to assist in plant
plants. I agree that more needs to be done to ensure that the landscaping has a chance to become
effective. Accordingly, starting on the first anniversary of opening of the campground, and each
year for three years thereafter, the applicant shall have a licensed landscape contractor survey the
plantings and replace any plants that do not survive or have not adequately thrived as determined
by the survey. A copy of the survey and description of actions taken based on the survey shall be
provided to the County on request.
IV. CONCLUSION:
Based on the foregoing findings and conclusions, I find that the applicant has met its burden of
proof and the applications are approved with the following conditions.
1. Approval is based upon the submitted application materials, as modified by the
applicant's post -hearing submittals. In particular:
A. Provide additional landscaping (2'-4' shrubs per sheet L100) between the corner of
the parking stall and fence line as shown illustrated on page 7 of applicants August 29,
submittal;
B. Extend the 7' tall privacy fence along the south property line eastward to the irrigation
ditch, as illustrated on page 9 of the August 29, submittal;
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 54
C. Additional landscaping (2'-4' shrubs per sheet L100) along the top of the berm and to
the north side of campsite #1 as illustrated on page 10 of the August 29, submittal;
D. Eliminate the compost toilet.
E. Reconfigure the campsites as shown on page 21 of the August 29, submittal. Tent
sites are to be permanently located as close to the walkway (as far away from property
line) as feasible. Campsites 5 and 6 are limited to one tent site (maximum of two
people).
Prior to issuance of any building permit, the applicant shall submit a revised site plan
illustrating these modifications. Any substantial change to the approved land use permit
will require a new application.
2. Prior to initiating the use, the applicant shall secure all necessary building and septic
permits and reviews including, but not limited to, the following:
A. Public water system and plan review;
B. Plan review for traveler's accommodations;
C. Opening inspection;
D. Either a septic permit from the Environmental Soils Division or Water Pollution
Control Facility permit issued by Oregon Department of Environmental Quality.
3. Overnight temporary use in the same campground by a camper or camper's vehicle
shall not exceed a total of 30 days during any consecutive 6 month period.
4. The bed and breakfast inn shall accommodate no more than 8 guests at any one time.
Each guest shall not rent for a time period longer than 30 consecutive days.
5. Except as necessary for construction of access roads, building pads, septic drainfields,
public utility easements, parking areas, etc., the existing tree and shrub cover screening
the development from the designated road, river, or stream shall be retained. This
provision does not prohibit maintenance of existing lawns, removal of dead, diseased or
hazardous vegetation; the commercial harvest of forest products in accordance with the
Oregon Forest Practices Act, or agricultural use of the land.
6. New exterior lighting, including security lighting, shall be sited and shielded so that it is
directed downward and is not directly visible from NE Crooked River Drive. Unless
otherwise required by a fire/life/safety code, all exterior lighting shall turned off or be
motion activated after 10:00 p.m. and before dawn.
7. The applicant shall install the landscaping shown on the landscape plan dated May 12,
2017, with the additions noted above. Required landscaping shall be continuously
maintained and kept alive and attractive. Starting on the first anniversary of opening of
the campground, and each year for three years thereafter, the applicant shall have a
licensed landscape contractor survey the plantings and replace any plants that do not
survive or have not adequately thrived as determined by the survey. A copy of the
survey and description of actions taken based on the survey shall be provided to the
County on request. The applicant on an ongoing basis promptly shall replace any
significant vegetation that becomes diseased, damaged or that dies.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 55
8. Development activities are prohibited from March 1 to August 1 within the Sensitive Bird
and Mammal Habitat Combining Zone.
9. Required parking space shall be available for the parking of operable passenger
automobiles of residents, customers, patrons and employees only and shall not be used
for the storage of vehicles or materials or for the parking of trucks used in conducting the
business or used in conducting the business or use. No recreational vehicles are
permitted.
10. The paved vehicular surfaces shall be adequately maintained for all-weather use and
drained to contain flow of water on-site.
11. The split -rail fencing shall be extended along the southern side of the drive aisle from NE
Crooked River Drive to the first southern parking space. Prior to issuance of any building
permit, the applicant shall submit a revised site plan illustrating this modification.
12. Prior to issuance of any building permit, the applicant shall submit a revised landscape
plan specifying the plant species to be used in the clear vision area and stating that
these plants will not exceed 3.5 feet in height at maturity.
13. Each bicycle parking space shall be at least two by six feet with a vertical clearance of
seven feet.
14. The bicycle parking spaces shall be surfaced with asphalt or similar hard surface, and
shall be securely anchored to said surface.
15. All pedestrian walkways shall be surfaced with asphalt, concrete, or similar hard surface.
Decomposed granite is not permitted.
17. All electrical and water lines associated with the campground shall be undergrounded.
18. Tent campers shall not remain in the campground for more than 30 days in any 60 day
period.
19. The campground shall be licensed as a tourist facility by the State Department of Health
as specified in ORS 446, unless operated by a public entity, timber company or private
utility. Prior to initiation of use, the applicant shall submit proof of licensure by the State
Department of Health.
20. The applicant shall secure sign permit approval prior to installation of the entrance sign
just south of the driveway.
21. Prior to initiating the campground use, the applicant shall submit a letter from Redmond
Fire and Rescue stating that all required fire protection regulations have been met.
22. If applicable, the applicant shall comply with the standards in OAR 918-650-0025(1) (e -
g)
23. If applicable, the applicant shall comply with OAR 918-650-0025(2) and secure any
operating license requirements established by the Department of Human Services
Oregon Health Authority.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 56
24. Prior to issuance of any building permit, the applicant shall submit a revised site plan
illustrating the location of the 2 bicycle directional signs.
25. The applicant shall implement the operational practices described in its application and
subsequent submittals as further refined below. These requirements include but are not
limited to:
A. No campfires or smoking permitted. No cooking or open flames anywhere other than
the outdoor paved cooking area.
B. The outdoor gathering space is to be used only for meals and informal gatherings.
No classes, entertainment or other activities are permitted. The outdoor area shall not be
used for any purpose between the hours of 9:00 p.m. and 7:00 a.m.
C. The site will be staffed by at least one person at all times that the inn or campground
are open, and shall have express written authority to terminate use of the facility by any
person not complying with the rules or otherwise creating a disturbance.
D. No amplified music anywhere on the premises.
E. Quiet hours from 9:00 p.m. to 6:00 a.m. with "lights out" no later than 10:00 p.m.
F. No pets, except service animals as required by law.
26. The following operational standards are imposed in addition to those proposed by the
applicant:
A. The inn shall offer a complimentary breakfast daily, limited to guests of the inn. No
other meals may be offered. Only one kitchen is permitted, which must be in the
structure. This does not preclude a barbecue, sink or the outdoor use of gas stoves on
the concrete patio.
B. No food, drink or retail items may be sold on the premises.
C. The entrance to the parking lot shall be gated or chained and secured from 10:00
p.m. to 6:00 a.m. daily. No vehicle shall be permitted to enter the parking lot during those
hours, except in case of emergency. This condition is subject to review and approval and
modification by the Fire Marshall and building official as necessary to comply with life
and safety standards such as to accommodate emergency access or egress.
D. No feeding, petting or harassing livestock. No trespassing on private property.
E. The applicant shall have a person available during all times the site is open for
business to receive telephone complaints or concerns about the operation of the facility,
including disturbances. Voicemail is not acceptable - this may require forwarding or a
message with a backup number if the designated person is unavailable. Each complaint
and its resolution shall be logged in detail. The log shall be made available to the County
for inspection on request. Contact information shall be prominently displayed on the
website for the facility and at the entrance to the parking lot.
F. Each guest shall sign a document outlining the rules of the facility, attesting that the
person will abide by those rules and clearly stating that violation may result in
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 57
termination of use. These forms shall be maintained for a minimum of 90 days and
available to the County on request
Done and dated this 11th day of October, 2017.
Tic Derma.,
Dan R. Olsen, Hearings Officer
THIS DECISION BECOMES FINAL TWELVE DAYS AFTER MAILING UNLESS TIMELY
APPEALED.
Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 58
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Hearings Officer
Applicant Response
Applicable Approval Criterion
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Staff Comment
Hearings Officer
Applicant Response
Applicable Approval Criterion
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03
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a)
0
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a)
0
0
Z
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N
10 LLL O
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SITE PLAN DIAGRAM
MAZAMA RANCH AT SMITH ROCK 1 02/05/18