2019-18-Minutes for Meeting October 01,2018 Recorded 1/10/2019• BOARD .
COMMISSIONER •
1300 NW Wall Street, Bend, Oregon
(541 ) 388-6570
1:30 PM
Recorded in Deschutes County CJ2019-18
Nancy Blankenship, County Clerk
Commissioners' Journal 01 /10/2019 4:17:04 PM
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2019-18
MONDAY, October 1, 2018 ALLEN CONFERENCE ROOM
Present were Commissioners Tammy Baney, Phil Henderson and Anthony DeBone. Also present were
Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County
Counsel; and Laura Skundrick, Board Administrative Assistant. Several citizens were in attendance, and
no representatives of the media.
CALL TO ORDER: Chair DeBone called the meeting to order at 1:34 p.m.
ACTION ITEMS
1. Grading Ordinance Discussion - Nicole Mardell, Associate Planner
Nicole Mardell provided background on the potential for adopting a countywide
grading ordinance and reviewed information in the matrix provided in materials.
Commissioner Baney inquired about the size of this issue within the county, to help
determine the priority level of this ordinance. Nick Lelack, Community Development
Director, estimated there have been around six to eight cases within the past five
years and within those, these issues play a very large part. Beyond those cases, it
has not been an issue.
BOCC WORK SESSION OCTOBER 1, 2018 PAGE 1 OF 4
County Administrator Anderson added this has come up during preconstruction
activities, where earth was moved and created dust clouds within residential
neighborhoods. Deschutes County had no mechanism to regulate. Mr. Gutowsky
explained the current concern lies in residents of Deschutes River Woods and the
possibility of large lava flows being moved in order to develop on the land,
potentially creating a disturbance. The proposed ordinance would allow for a type
of approval or review of that project, and issues that make sense within Deschutes
County. Chair DeBone agreed there are many issues in other grading ordinances
that would not apply in Deschutes County, but it could be customized to specific
issues in the area. Commissioner Baney stated she would want to be cognizant the
unintended consequences of making jobs more onerous for the everyday builder.
Commissioner Henderson inquired what specific problems need to be solved.
Chair DeBone stated the potential staffing impacts seem large, relative to the size
of the issue. The Board discussed staffing implications. Chair DeBone is supportive
of a good discussion around the need for this, and Commissioner Baney and
Commissioner Henderson support assembling a small group to discuss this further.
Mr. Lelack confirmed he would assemble the group and report back to the Board
with more information.
OTHER ITEMS:
• County Counsel Doyle provided the requested revision to the Larry Kine
Board decision, to now indicate a 2 to 1 vote with Commissioner Henderson
opposed.
• County Administrator Anderson brought forward Contract 2018-658 which
exceeds the authority for the Administrator to sign and was intended for
Board signature. He provided background on this agreement and stated it
was included in this year's budget.
BANEY: Move approval of Document No. 2018-658.
HENDERSON: Second.
VOTE: BANEY: Yes.
HENDERSON: Yes.
DEBONE: Chair votes yes. Motion Carried
• County Administrator Anderson provided information about the "Safe route
to schools" application provided bynames Lewis.
BOCC WORK SESSION OCTOBER 1, 2018 PAGE 2 OF 4
BANEY: Move approval of application.
HENDERSON: Second.
VOTE: BANEY: Yes.
HENDERSON: Yes.
DEBONE: Chair votes yes. Motion Carried
Sheriff Nelson requested the Board fund the additional position for
marijuana enforcement. The Board discussed the intent of the position and
where and how the position will be housed and supervised. Sheriff Nelson
added the position was proposed as a budget request and the Board
approved it as limited duration. Commissioner Baney brought forward some
details within the MOU that were reflected inaccurately and Sheriff Nelson
stated he is accountable for those. Commissioner Henderson stated the
specific need for them to handle marijuana within Deschutes County. Sheriff
Nelson and Chief Porter agreed there is a strong partnership between the
two entities.
• Chair DeBone noted the time change on the October 3rd meeting a requested
a procedure around making those changes and who contacts who.
• Commissioner Baney inquired about potential savings on postage from
Assessor Scot Langton when mailing property tax statements, but Mr.
Langton confirmed the mailings have already been sent.
EXECUTIVE SESSION:
At the time of 3:00pm the Board went into Executive Session under ORS 192.660 (2)
(h) Pending Litigation and ORS 192.660 (2) (d) Labor Negotiations.
RECESS: At the time of 4:41 pm Chair DeBone called for a short recess and
reconvened the meeting at 5:00pm.
The Board came out of Executive Session at 5:14pm.
BANEY: Move approval to direct staff as discussed in Executive Session.
DEBONE: Second.
BOCC WORK SESSION OCTOBER 1, 2018 PAGE 3 OF 4
VOTE: BANEY: Yes.
HENDERSON: Absent.
DEBONE: Chair votes yes. Motion Carried
Being no further items to come before the Board, the meeting was adjourned at 5:20 pm.
DATED this ® 7-Dayof C2q 2018 for the Deschutes Count Board of
y
Commissioners.
ANTHONY DEBONE, CHAIR
BOCC WORK SESSION OCTOBER 1, 2018 PAGE 4 OF 4
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - www.deschutes.org
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 PM, MONDAY, OCTOBER 1, 2018
Allen Conference Room - Deschutes Services Building, 2ND Floor - 1300 NW Wall Street - Bend
Work Session, which are open to the public, allow the Board to gather information and give direction to staff.
Public comment is not normally accepted. Written minutes are taken for the record
Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or
discussed. This notice does not limit the Board's ability to address other topics.
Meetings are subject to cancellation without notice.
CALL TO ORDER
ACTION ITEMS
1. Grading Ordinance Discussion - Nicole Mardell, Associate Planner
COMMISSIONER'S UPDATES
EXECUTIVE SESSION
Executive Session under ORS 192.660 (2) (h) Pending Litigation
Executive Session under ORS 192.660 (2) (d) Labor Negotiations
At any time during the meeting an executive session could be called to address issues relating to ORS
192.5660(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 public.
OTHER ITEMS
Board of Commissioners Work Session Agenda Monday, October 1, 2018 Pagel of 2
These can be any items not included on the agenda that the Commissioners with to discuss as part of the
meeting pursuant to ORS 192.640.
ADJOURN
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.org/meetingcalendar
Meeting dates and times are subject to change. If you have question, please call (541) 388-6572.
Board of Commissioners Work Session Agenda Monday, October 1, 2018 Page 2 of 2
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Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners Work Session of October 1, 2018
DATE: September 24, 2018
FROM: Nicole Mardell, Community Development,
TITLE OF AGENDA ITEM:
Grading Ordinance Discussion
ATTENDANCE: Nicole Mardell, Associate Planner, Peter Gutowsky, Planning Manager,
Randy Scheid, Building Official.
SUMMARY: Per the FY 2018-2019 CDD Work Plan, the Board directed staff to research and
evaluate the potential for adopting a countywide grading ordinance. Staff will discuss
preliminary research and request Board direction for next steps on this topic.
E S
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XV -1
MEMORANDUM
TO: Deschutes County Board of County Commissioners (Board)
FROM: Nicole Mardell, Associate Planner
DATE: September 24, 2018
SUBJECT: Grading Ordinance Research -- Work Session
I. INTRODUCTION
Per the FY 2018-2019 Community Development Department (CDD) Work Plan, the Board directed
staff to research and evaluate the potential for adopting a countywide grading ordinance. This item
was prompted by community input from residents of Deschutes River Woods subdivision and the
surrounding area.
II. CHARACTERISTICS OF CENTRAL OREGON, RESEARCH PARAMETERS AND MATRIX
In researching the potential for a grading ordinance, staff reviewed grading ordinances from other
counties that were "similarly situated" to Deschutes County. In comparing the research between
jurisdictions, staff found it helpful to identify the characteristics of Central Oregon's natural
environment.
• Varied topography: high desert, alpine, lava formations, juniper and sagebrush lands.
• Natural and manmade water bodies: Deschutes and Fall Rivers, creeks, streams, irrigation
canals and associated wetlands.
• High groundwater in many areas of the county.
• Range in soil types and quality: generally shallow, low water capacity, low quality for
agricultural production.
• Minimal average annual rainfall: 11.38 inches per year'
• Moderate annual snowfall: 23 inches per year
Staff focused the research on county jurisdictions in the central or eastern portion of Oregon, or
other Oregon counties that are not located near a coastline, and have a minimal amount of annual
rainfall and similar soils. Staff also researched similar counties from California and Washington,
'Source: U.S. Climate Data, 2018
although it is noted that stormwater and erosion control are reviewed under the State
Environmental Policy Act (SEPA) requirements for each of those states.
Staff had three questions in mind when researching grading requirements in other counties:
1. What is the purpose or goal of the grading ordinance?
2. Which department oversees the implementation of the ordinance?
3. What are the key elements in each ordinance?
In the matrix below, staff provides information related to these questions for each jurisdiction
researched. It is important to note that only two of sixteen counties in central and eastern Oregon
have developed a formal grading ordinance.
Table 1 - Research Matrix2
JurisdictionGoal/Purpose
of Ordinance
Key Points
• No standalone grading ordinance.
• Minor grading requirements
Discretionary condition of approval or
referenced in Appendix J of
limitations related to grading may be
Deschutes
International Building Code and the
imposed on Final Plats, Conditional Use
County
following zoning code sections:
applications by staff, HO, Planning
(Current)
OS&C, RR -10, Floodplain, Conditional
Director.
Use - Geothermal Well projects, and
Current fee dependent on project ($2,854
Final Plat/Subdivision Ordinance
for CU or $5,907 for TP + $42/lot).
requirements.
• Regulations based on U.S. EPA National
Pollution Discharge Elimination System
• Minimize negative impacts of
(NPDES) standards and City's stormwater
increased stormwater discharges
manual.
from new land development and
• Exemptions from permit requirements
redevelopment.
include: single family dwellings (SFDs),
• Maintain integrity and quality of
commercial agriculture or forestry,
City of Bend
Deschutes River and Tumalo Creek
emergency utility projects, septic systems.
as well as groundwater resources
Application may require soils report
and drinking water.
prepared by licensed professional
engineer/geologist as determined by staff.
• Prevent flooding and erosion,
• 2-4 inspections required during grading
maintain character of natural
process.
environment.
• Sliding fee: $176 to $824 for base fees
depending on project type, additional
hourly fees for staff review time.
2 The following Central and Eastern Oregon counties do not have grading ordinances: Baker, Crook, Gilliam, Harney,
Jefferson, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco, and Wheeler.
Page 2 of 5
jurisdiction
Goal/Purpose of Ordinance
Key Points
• Reviewed by public works department,
requirements in both land development
code and public works code.
• Minimize impact of stormwater
• Applies to properties with: land
runoff and erosion.
disturbance with slope of>10%,
Klamath
County (OR)
@Protect downstream and downslope
disturbance that may impact
property owners from adverse
drainageways, land subject to ponding
impacts of grading.
per soil/topography, land located in area
with history of flooding/subject to
flooding.
• Fees unclear - $775 base fee.
Reviewed by planning/road department
as part of land use application. Road,
• Minimize harmful effects of
Supervisor or Review body can require
stormwater runoff, inundation and
discretionary mitigation measures.
Grant County
erosion from project, and protect
• Within "Public Facilities Development
(OR)
downstream/downslope neighbors
Standards" section of code.
and property from erosion and
• Reviewed for projects that require
sediment impacts.
grading/filling on slopes that are 15% or
greater or "granitic soils".
• Fee dependent on land use application:
Review by planning and public works
depts.
• Within "Conservation Regulations" section
• Reduce impact from excessive soil
of code.
Napa County
loss. Protect public health, safety,
NPDES standards applied.
(CA)
and welfare.
Exemptions include: SFDs, septic systems,
mining activity, etc.
• SEPA/NEPA compliance.
• Erosion control plans must be prepared
by professional engineer or other
specialist.
• Sliding fee: $2,000 deposit, $162/hr ACS.
• Reviewed by engineering and planning
depts.
• Located within Building and Development
• Safeguard life; limb, health, property
code.
Placer County
and welfare and avoid pollution of
• Applies to any fill or excavation of >250
(CA)
waterbodies.
3.
yd
• Exemptions include: forestry, small scale
• SEPA/NEPA compliance.
projects that do not impact water bodies,
swimming pool grading, etc.
• Fixed fee: $428 ($401 for permit + $27 for
exemption verification).
Page 3 of 5
Jurisdiction
Goal/Purpose of Ordinance
Key Points
Reviewed by planning department,
specifically by the "Grading Official'.
• Applies to any fill or excavation of more
than 150 yd3, five feet in depth, or that
alters the flow of water.
Exemptions include: government projects,
• Protect surface water quality,
grading associated with building permits,
Santa Clara
adjacent and neighboring properties.
agricultural/forestry projects, septic
County(CA)
• SEPA/NEPA compliance.
stems, mining activities, etc.
Y g
Processed similar to a land use permit -
completeness check, conditions of
approval, appeal period.
• Sliding fee - Minimum: $1,919.00,
emergency permit: $1,325. Grading
Violation Investigation fee $4,406.
• Reviewed by the Building Division.
• Safeguard life, limb, health, property
• Grading over 5,000 yd requires
and welfare
engineered grading plan and specialty
Spokane
. In compliance with SEPA, goal is to
reports.
. Exemptions include: SFDs, mining,
County (WA)
reduce flooding and prevent
projects determined by CBO as not
deposition of sediment in water
danger to private/public property.
bodies.
• Fixed fees, Processing of Permit: $539.73,
Inspection: $79.73
• Reviewed by the Planning Division.
• Stormwater/erosion control
• Code includes Appendix J "Grading' from
Grant County
. In compliance with SEPA, goal is to
IBC with grading requirements.
(WA)
reduce flooding prevent deposition
• Reviewed as part of the "SEPA Checklist"
of sediment in water bodies
for project, contains other items for
review, standard fee of $300.
III. RESULTS MATRIX
Within the jurisdictions researched by staff, the following key themes emerged:
Most counties do not have a formal grading ordinance.
• The purpose of grading ordinances are typically related to the preservation of water bodies
or to provide protection to neighboring property owners with steep slopes from natural
hazards (i.e. landslides). Most ordinances address both grading and erosion control in their
requirements.
• Building, public works, and planning divisions often collaborate in the implementation of
their grading and erosion control requirements.
Page 4 of 5
• Grading permits may be a standalone process or incorporated into an existing process, like
an inspection related to a building permit or reviewed as part of a land use application.
• Fees are more often on a variable scale based on the size of the project.
• Many projects are exempt from the grading requirements, particularly single family
dwellings.
• Specialty staff is often required to review erosion control/grading plans submitted by
geotechnical engineers, engineering geologists, registered geologists or soil scientists.
• Field staff is required to inspect the site before, during, and after grading activity.
IV. POTENTIAL STAFFING IMPACTS OF ORDINANCE
In determining the viability of the development of a grading ordinance within Deschutes County,
staff coordinated with the County's Building Official, Administrative Services Manager, and Planning
Manager to discuss how the ordinance may be implemented. During these conversations, the
managers identified the need for additional and/or specialty staff to enforce the ordinance, review
building plans, and review land use applications based on the current complexity and volume of
permits within CDD. To provide a conservative estimate for the impact of a grading ordinance on
potential staffing and budgetary needs, staff outlines two potential scenarios below.
Scenario 1: Creation of Grading Ordinance and Review Process in Building Code.
o Minimum of two (2) FTE positions required.
o One (1) Specialty Plans Examiner or contract examiner to review complex grading
plans created by professional engineers, soil scientists, or geologists.
o One (1) Building Inspector to conduct compliance site visits related to permit.
o Conservative cost estimate: $122,000/yr.
Scenario 2: Incorporation of Grading Requirements into Existing Zoning Code.
o Minimum of two (2) FTE positions required.
o One (1) Associate Planner to aid in additional review of complex land use applications
o One (1) Code Enforcement Technician to aid in investigation of compliance of land
use approval.
o Conservative cost estimate: $114,000/yr.
V. NEXT STEPS
Staff looks to the Board for direction.
Page 5 of 5