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2019-29-Minutes for Meeting November 27,2018 Recorded 1/15/201911 E S` COGS i BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541 ) 388-6570 Recorded in Deschutes County CJ2019-29 Nancy Blankenship, County Clerk Commissioners' Journal 01/15/2019 12:10:50 PM Q�G�VTES.�OG�{ II'll'II'I"II'I�I'lll II I �II 2019-29 10:00 AM TUESDAY,27, 2018BARNES& SAWYER ROOMS Present were Commissioners Tammy Baney, Phil Henderson and Anthony DeBone. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Keith, Board Executive Assistant. Several citizens and identified representatives of the media were in attendance. This hearing was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website http://deschutescountyor.igm2.com/Citizens/Default.aspx CALL TO ORDER: Chair DeBone called the meeting to order at 10:00 am PUBLIC HEARING: 1. Westside Transect Zone Zechariah Heck, Community Development Department outlined the hearing procedures. The Board noted no conflict and upon hearing no challenges, Chair DeBone opened the public hearing. Mr. Heck provided the staff report. Tia Lewis and Miles Conway attorneys representing applicants provided testimony on behalf of their clients and explained the Westside Transect PUBLIC HEARING NOVEMBER 27, 2018 PAGE 1 OF 4 project. lohn Jackson, Consulting Forester for the project provided testimony and fire mitigation presentation. Paul Dewey of Central Oregon LanclWatch gave testimony and a video presentation on the Awbrey Hall and Two Bulls fires. William Gre og ricus resides within Awbrey Glen and provided testimony and of the need for serious planning for wildfire mitigation. Glen Ardt is a retired wildlife habitat biologist and provided support of the development. Kirk Schueler is president of Brooks Resources and provided testimony and support of the applicant's request. Roger Severson lives in Shevlin Commons provided testimony and support of the project and commented on their Conservation Community. Greg Teeple is a member of the Three Pines Home Owners Association and provided concerns on behalf of the HOA including set -backs, fire concerns, and concerns of traffic and road access. Quinn Keever of the Bend Parks and Recreation District provided testimony and of the District's interest in the development and hopes for development of parks and trails within the property. John Gilmore lives within Three Pines and provided testimony including a request for an eight acre common green space. Steve Wallert is a Shevlin Ridge home owner and is directly impacted as neighboring property and feels the development would negatively impact the value of their homes. Alan Hozman is a homeowner in the Shevlin Ridge community and feels the Westside Transect Zone would work and provide a model for the future. Bridget Tinsley of Oregon State Parks and noted the influence on state scenic waterways. She requests involvement in the proposal to ensure protection PUBLIC HEARING NOVEMBER 27, 2018 PAGE 2 OF 4 of the waterway regulations which needs to be included in the development ahead of time. Ann Brayfield lives in Shevlin Commons and provided testimony and favors the Westside Transect Zone and of fire protection standards. The applicant's attorneys Ms. Lewis and Mr. Conway provided rebuttal. Commissioner Henderson inquired on the development of private roads. Ms. Lewis and Mr. Conway commented on roads and parking. Commissioner Henderson requested information on the proposal of protecting wildlife. Commissioner Henderson also expressed disappointment that there was no representative from the City of Bend present to provide testimony and encourages them to place something in the record specific to density and potential rural -level development of the subject properties. Commissioner DeBone spoke on the process of statewide land use planning system. John Skidmore Assistant City Manager and Brian Rankin, Planning Manager of the City of Bend provided comment on the proposal of the tract of land within the County. Commissioner Henderson hopes to hear from the City officials concerning whether they are comfortable with removing potential urban -level development land away from the future of the city. Mr. Skidmore noted the statewide land use policy was followed concerning the application. A request was made for written testimony to be submitted to the record by the Bend City Council. Mr. Heck reviewed the dates to consider for the record period. Peter Gutowsky, Planning Manager feels a reasonable time for the City of Bend's response should be considered. Commissioner Baney commented on the testimony heard and expressed the need to be mindful of the concerns of wildfire in the community. Commissioner Baney suggested comment from the City Manager would be sufficient. Mr. Heck noted the next City Council meeting was December 5. The applicant's attorney stated they would agree to a shorter rebuttal period. County Counsel expressed concern that a shortened rebuttal period could result in procedural error. The record period was discussed and deliberations could be considered for Monday, December 17. Commissioner Henderson requested further information on fire code. PUBLIC HEARING NOVEMBER 27, 2018 PAGE 3 OF 4 Hearing no further testimony, Chair DeBone closed the oral portion of the hearing. Being no further items to come before the Board, the meeting was adjourned at 1:00 p.m. DATED this Day of / 2018 for the Deschutes County Board of Commissioners. 1.4. ,Lff"UN T Y Y, C SSI PUBLIC HEARING NOVEMBER 27, 2018 PAGE 4 OF 4 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - www.deschutes.org PUBLIC HEARING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 AM, TUESDAY, NOVEMBER 27, 2018 Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend PUBLIC HEARING 1. Westside Transect Zone -Public Hearing - Zechariah Heck, Associate Planner 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.org/meetingcalendar (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Board of Commissioners Public Hearing Agenda Tuesday, November 27, 2018 Page 1 of 1 E S COG o c 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 Public Hearing of November 27, 2018 DATE: November 15, 2018 FROM: Zechariah Heck, Community Development, 541-385-1704 TITLE OF AGENDA ITEM: Westside Transect Zone - Public Hearing BACKGROUND: The Board will hold a public hearing on the Westside Transect Zone, an application to amend the Deschutes County Comprehensive Plan and Zoning Code, as well as a zone change of approximately 717 acres of land from the Urban Area Reserve and Surface Mine to the proposed Westside Transect Zone. At the hearing, staff will provide a presentation of key issues, the applicants will present their proposal, and there will be time for public testimony. Deliberations on the applicant's proposal will occur on a later date. \31 ES �-o a� "s MEMORANDUM DATE: November 15, 2018 TO: Board of County Commissioners FROM: Zechariah Heck, Associate Planner COMMUNITY DEVELOPMENT RE: Westside Transect Zone - Public Hearing & Record to Date The purpose of this memorandum is to present the record of file nos. 247-18-000612-ZC, 247 -18- 000613 -PA, and 247 -18 -000614 -TA to the Board of County Commissioners (Board) for an upcoming public hearing on November 27, 2018 at 10:00 a.m. These file nos. comprise an application to amend the Deschutes County Comprehensive Plan and Zoning Code, as well as a zone change of approximately 717 acres of land from Urban Area Reserve and Surface Mine to the proposed Westside Transect Zone (WTZ). I. RECORD CLARIFICATION i rr received 'I ..I attachment F.- Gladys ��.Tl..r fE:Xk;h;1- I I \ Cf ff On September 18, state received an eriIa'il and a' tach ICII� from Gladys Biglvl k�n�MAL L -L-1. ��aI exchanged several emails with Biglor, the last of which was received by staff after the 5:00 p.m. deadline for Open Record Period. Similarly, on September 19, 2018, staff received an email from Geneese Zinsli (Exhibit M M) after the Open Record Period deadline. Both of these emails were not considered by the Hearings Officer. Nonetheless, staff includes the emails for consideration because the Board's hearing is required to be de novo. II. BACKGROUND The WTZ is intended to provide for a transition area between urban areas within the City of Bend (to the east) and Shevlin Park, Tumalo Creek, and forest zoned lands (to the west). If approved, development within the WTZ will include rural residential subdivisions with dedicated open space and resource management corridors. The open space and resource corridors will be managed via enforceable provisions from the associated wildlife habitat and wildfire mitigation plans. Funding to ensure continued management will be provided by the home owners associations. The WTZ application was submitted on August 1, 2018. A public hearing was held on September 11, 2018, by a Deschutes County Hearings Officer. The open record period closed October 2, 2018. The Hearings Officer issued a decision on November 2, 2018, recommending approval of the proposal with conditions. The Hearings Officer highlighted the role of the Board in reviewing the application and determining the appropriateness of the WTZ at a policy level. The Hearings 1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708 6005 k� (541) 388-6575 (Y7a cdd@deschutes .org @ www.deschutes.org/cd Officer's recommendation includes a summary of the major issues with accompanying findings. They are described below. Statewide Planning Goal Exceptions The applicants argued that exceptions to the Statewide Planning Goals were not necessary. The City of Bend ("City") disagreed, underscoring that exceptions to Goals 3, 4 and 14 should be required. County staff concurred and in the Staff Report stated, "Allowing any urban reserve land to be re -designated to a 2.5 -acre density without a Goal 14 Exception would severely compromise future urbanization." The Hearings Officer found that exceptions to Goals 3, 4 and 14 should be required. Furthermore, the applicants provided proposed findings addressing the goal exception process. The Hearings Officer adopted the applicants' findings and found them adequate for approval. Density During the application process the number of proposed lots varied. However, the applicants agreed, and it was reflected in a revised WTZ burden of proof, that the maximum number of lots for the proposed zone would be 187. Several neighbors expressed concern about the amount of dwelling units. Transportation Planning Rule Concerns were expressed stating the application did not meet the requirements of the Transportation Planning Rule. Specifically, the City requested Applicants' obtain a written statement from the City that the system -wide benefits of mitigation are sufficient to balance the significant effects of the proposal, even though the improvements would not result in consistency for all performance standards. The Hearings Officer found the Development Agreement provided by the applicants was sufficient for such a written statement. The Hearings Officer conditioned the recommendations of approval upon the execution of the Development Agreement by the applicants. State Scenic River Regulations The Oregon Parks and Recreation Department ("OPRD") expressed concern that the application failed to address the scenic and recreational resources of the designated Deschutes River State Scenic Waterway. OPRD speculated that changing the amount and type of development could change the character of that stretch of the waterway and the classification category "recreation river area". The Hearings Officer agreed with the applicant and found the area of concern was steeply slopped and would likely not see development. Nonetheless, the Hearings Officer stated any future development should be required to comply with the State Scenic Waterway regulations. Page 2 Fire Mitigation Several members of the public expressed concern about development in a wildfire -prone area. The Hearings Officer agreed with the applicants, recognizing that the record contains ample evidence of the measures to which fire danger has been studied. Further, the Hearings Officer found the proposed code requirements under DCC 19.22.060A -C ensure fire mitigation measures will be implemented, monitored and maintained prior to and in perpetuity for any development in the WTZ. Wildlife Habitat Preservation The application materials include a wildlife habitat report that details the existing conditions for habitat within the subject property. The proposed zone also requires land divisions to establish a Home Owners Association that funds a continuous wildlife habitat assessment by a professional biologist. The Hearings Officer found the proposed zone includes adequate provisions to minimize impacts to wildlife. Neighbor Impacts Several property owners in the vicinity of the WTZ expressed concern over decreased property values because of the proposed development. The Hearings Officer found there was no persuasive evidence in the record to support the neighbors' concerns. Additionally, the Hearings Officer found the applicants' proposal will not interfere with existing development or the value of other land in the vicinity. The Hearings Officer determined the proposed WTZ ordinance adequately addresses potential ii i ipa'�tS Lo neighb^v ring prnpertie� annul that I. — pr�pncar�l I ICP_ — - .. r- restrictive/limited than those permitted under the current zone, i.e., Urban Area Reserve -10. BOARD PUBLIC HEARING Per Deschutes County Code, all quasi-judicial zone changes and plan amendments shall be reviewed by the Board if the proposal requires an exception to the statewide planning goals. Additionally, the applicants are proposing a new zone in Title 19 which also requires Board review. A public hearing in front of the Board has been set for November 27, 2018 at 10:00 a.m. in the Barnes and Sawyer rooms of the Deschutes Services Center, 1300 NW Wall St., Bend. The hearing will be de novo, which allows for new information to be submitted and reviewed by the Board. At the end of the public hearing, the Board will determine the schedule for the open record period as well as deliberations. The following points will be addressed during the public hearing. Time Limit The Board has considered imposing a time limit on the applicant and public testimony. At the direction of the Board, staff can help manage the time limit during the public hearing. Page 3 Limiting Code to Specific NFPA Edition The proposed WTZ ordinance references two National Fire Protection Associations ("NFPA") best - practice codes related to wildfire mitigation, NFPA 1141 ed. 2017 (Exhibit TT) and 1144 ed. 2018 (Exhibit UU). Staff asks the Board to consider the impacts of adopting specific editions of a third - party code. Reliance on a specific edition could render sections of the code obsolete if a new edition is published prior to submittal of a land use application. Staff would like the Board to consider this potential issue. Staff Revisions to Proposed Code In coordination with the applicant, staff has offered a revision to the proposed WTZ ordinance, attached as Exhibit W. The revisions are focused on formatting in order to allow better understanding and administration of the code. IV. EXHIBITS Application Materials A. Application Materials: file nos. 247-18-000612-ZC, 247 -18 -000613 -PA, and 247 -18- 000614 -TA. Submittals Prior to and at September 11 Public Hearing B, Department of Land Conservation and Development (DLCD) 35-Dav Notice dated August 1, 2018. C. Notice of Public Hearing dated August 7, 2018. D. Staff email to Matt Slater dated August 11, 2018 re: Goal Exceptions. E. Byron Buck email dated August 14, 2018 re: traffic study. F. Maggie Riley, OPRD, email dated August 17, 2018 re: State Scenic Waterway. G. The Bulletin Public Notice, dated August 19, 2018. H. Byron Buck email dated August 20, 2018 re: process of public hearing. I. Laurel Hillmann, OPRD, email dated August 21, 2018 re: Goal 5 resources. J. Revised Notice of Public Hearing dated August 21, 2018. K. Roxanne Bercik email dated August 21, 2018 re: density and McClain Road. L. Laurel Hillmann, OPRD, email dated August 22, 2018 re: State Scenic Waterway. M. Peter Russell, Deschutes County, email dated August 22, 2018 re: traffic study. N. Byron Buck email dated August 24, 2018 re: home owner association enforcement. O. Cody Smith, Deschutes County, email dated August 24, 2018 re: street improvements and suggested edit to code. P. Roxanne Bercik email dated August 24, 2018 re: goal of WTZ, impact on existing development, McClain Drive, need for further review, wildlife habitat. Q. Kevin Sullivan, Oregon Office of State Fire Marshal, email dated August 27, 2018 re: fire apparatus access and fire protection. R. Kirk Schueler email dated August 30, 2018 re: transect concept. S. Colin Stephens, City of Bend, email dated August 31, 2018 re: applicability, exception findings, density and Transportation Planning Rule. Page 4 T. Jonathan Starr email dated September 4, re: setbacks, roads, septic systems, water lines, greenspace. U. Peter Russell, Deschutes County, email dated September 7, 2018 re: traffic study. V. Tia Lewis, Co -Applicant, letter dated September 7, 2018 re: development agreement with City of Bend. W. Elkins Family Trust letter dated September 10 2018 re: allowing the new zone throughout the UAR-10 Zone. X. Sara Gregory, ODFW, letter dated September 10, 2018 re: wildlife habitat. Y. Michelle Healy, BPRD, email and attachments dated September 11, 2018 re: park facilities allowed in WTZ, public access on subject property. Z. Laurel Hillmann, OPRD, email dated September 11, 2018 re: State Scenic Waterways. AA. September 11, 2018 Public Hearing Sign -In Sheet BB. September 11, 2018 Public Hearing Exhibit List i. Applicants Powerpoint presentation. ii. John Jackson fire mitigation presentation. iii. Central Oregon Landwatch letter in support. iv. William Gregaricus, on behalf of Awbrey Butte Neighborhood Association, letter in support. V. Bend Park and Recreation District letter explaining concerns. vi. Staff Powerpoint presentation. vii. WTZ map prepared by Applicants. Post -hearing new evidence and testimony CC. Regina Willingham email dated September 11, 2018 re: application processed incorrectly. DD. Geneese Zinsli email dated September 12, 2018 re: preferential treatment. EE. Kevin Sullivan, Oregon Office of State Fire Marshal, email dated September 12, 2018 re: fire apparatus access and fire protection. FF. Roxanne Bercik email dated September 16, 2018 re: letter explaining concerns. GG. Coats Family, LLC letter dated September 17, 2018 re: wildlife habitat management plans. HH. Jerry Spetz email dated September 18, 2018 re: support for wildfire mitigation. II. Joe Stevens email dated September 18, opposition to development on west side of Bend due to wildfire concerns. JJ. Reagan Desmond email dated September 18, 2018 re: impacts to Tree Farm. KK. Tia Lewis, Co -Applicant, email dated September 18, 2018 re: State Scenic Waterway rules. LL. Gladys Biglor email dated September 18, 2018 re: inadequate public notice, intention of UAR-10 Zone, fire danger.' ' See procedural issue raised at beginning of memo. Page 5 Post -hearing rebuttal evidence and testimony MM. Geneese Zinsli email dated September 19, 2018 re: opposition to development.' NN. Tia Lewis, Co -Applicant, email dated September 25, 2018 re: response to concerns submitted to record. 00. Gladys Biglor email dated September 25, 2018 re: response to wildfire policies. Final legal arguments by applicants PP. Tia Lewis, Co -Applicant, email dated October 2, 2018 re: draft findings for Hearings Officer recommendation. Hearings Officer Decision QQ. Hearings Officer Recommendation dated November 2, 2018.3 Testimony received from Hearings Officer close of record to date (November 15) RR. Staff response to Wendy McCain's emails dated October 2, 2018 re: videos of elk. SS. Staff response to Steve Wallaert's emails dated October 29 and 30, 2018 re: impacts to neighboring properties. TT. Applicant submittal of NFPA 1141, dated November 8, 2018. UU. Applicant submittal of NFPA 1144, dated November 8, 2018. Staff submittals W. Staff suggested revision of the WTZ ordinance. 2 See procedural issue raised at beginning of memo. 3 The Hearings Officer decision was presented to the Board as an attachment to staffs memo dated November 7, 2018. For this reason, it is not physically included as part of this memo. Page 6 E S o Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Public Hearing of November 27, 2018 DATE: November 15, 2018 FROM: Zechariah Heck, Community Development, 541-385-1704 TITLE OF AGENDA ITEM: Westside Transect Zone - Public Hearing BACKGROUND: The Board will hold a public hearing on the Westside Transect Zone, an application to amend the Deschutes County Comprehensive Plan and Zoning Code, as well as a zone change of approximately 717 acres of land from the Urban Area Reserve and Surface Mine to the proposed Westside Transect Zone. At the hearing, staff will provide a presentation of key issues, the applicants will present their proposal, and there will be time for public testimony. Deliberations on the applicant's proposal will occur on a later date. Chapter 19.22. WESTSIDE TRANSECT ZONE - WTZ 19.22.010. Purpose. 19.22.020. Permitted Uses. 19.22.030. Conditional Uses. 19.22.040. Height Regulations. 19.22.050. Lot Requirements. 19.22.060. Land Divisions. 19.22.070. Street Improvements. 19.22.080. Off -Street Parking. 19.22.090. Fence Standards. 19.22.010. Purpose. To accommodate and provide standards for land located between the urban and rural areas that provides a transitional residential development pattern with densities ranging from one unit per 2.5 to 10 acres to guide development of stewardship communities which are designed and managed to protect wildlife habitat, and establish wildfire mitigation and prevention strategies. 19.22.020. Permitted Uses. The following uses and their accessory uses are permitted outright: A. Single-family dwelling. B. Home occupation subject to DCC 19.88.140. C. Other accessory uses and accessory buildings and structures customarily appurtenant to a permitted use subiect to DCC 19.92.020. 19.22.030. Conditional Uses. The following uses and their accessory uses may be permitted subject to site plan review and a conditional use permit as provided in DCC 19.76, 19.8 8, and 19.100: A. Public, parochial and private schools, including nursery schools, kindergartens and day nurseries; but not including business, dancing, trade, technical or similar schools subject to DCC 19.88.160. B. Parks and recreation facilities, community buildings and fire stations; but not including storage or repair yards, warehouses or similar uses. C. Utility facility, including wireless telecommunications facilities, subject to DCC 19.88.120. D. Churches. 19.22.040. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 30 feet in height, except for schools which shall not exceed 45 feet in height. 19.22.050. Lot Requirements. The following requirements shall be observed: A. Lot Area. Each lot shall have a minimum of 2.5 acres. B. Lot Width. Each lot shall be a minimum width of 125 feet. C. Front Yard. The front yard shall be a minimum of 40 feet. D. Side Yard. There shall be a minimum side yard of 30 feet. E. Rear Yard. There shall be a minimum rear yard of 30 feet. F. Solar Setback. The solar setback shall be as prescribed in DCC 19.88.210. G. Park Setback. The setback from Shevlin Park shall be a minimum of 100 feet. H. Slope Setback. There shall be a minimum setback of 30 feet from the edge of any slope which exceeds 20%. 19.22.060. Land Divisions. All residential subdivisions shall be master planned under DCC 17.16.050 and shall comply with the following. A. Master Development Plan Requirements. In addition to the overall master development plan requirements of DCC 17.16.050, such master development plans in the Westside Transect Zone shall also demonstrate: 1. The lot configuration, street layout, trails and any open space or common areas are designed to be compatible with existing or projected uses on adjacent properties; 2. The adequacy of the transportation access, including trails, to the site; and 3. The development contributes to the preservation of natural and physical features of the site, including but not limited to, general topography, natural hazards and natural resource values. B. Residential lots shall be limited to 100 residential lots for the North Transect and 87 residential lots for the South Transect, as depicted on Figure 1 at the end of this chapter. C. The subdivision shall be designed in accordance with a Wildlife Habitat Management Plan and a Wildfire Mitigation Plan for the subdivided property as described below and submitted with the master development plan application. 1. A Wildlife Habitat Management Plan prepared by a professional biologist which identifies important wildlife habitat and migration corridors and contains provisions for deed restrictions or restrictive covenants which include but are not limited to the following components: a. Dedicated open space and/or resource management corridors with specific enforceable measures to aid in wildlife migration and protect habitat within these areas. h Specific vegetation management stanranrdQ fnr nreas within the ntnen apace and/or reennrre management corridors to protect wildlife habitat funded through homeowner assessment and performed, monitored and enforced by the homeowners association. c. Specific setbacks from wildlife corridors. d. Provisions which demonstrate coordination with the Wildfire Mitigation Plan described below to establish joint management objectives and designated areas for wildlife habitat measures which are outside of the defensible space and wildfire mitigation areas. e. Requirements for annual review of the plan by a professional biologist and a reporting of those findings and any recommended alterations to the plan to the County once every three years. 2. A Wildfire Mitigation Plan prepared by a professional forester which identifies and includes enforceable measures to prevent the ignition and spread of wildfire, and contains provisions for deed restrictions and/or restrictive covenants enforced by a_horne owners assoczal,iOD as the authority having jurisdiction under the following National Fire Protection Association rules,,...— inelude but afe not limited to the following eemponents: u.l�cquirenients_to,de elor) and nia'ntarn all Tats in col iNiance witli tl�_c;,_NatIODatl rzt_ �rOlec liOD Assacration (Nl;_PA) 1141, ed._2017, sections: i _ 54 Roadvlays:.5 2.6_offl ii.10_ l General t�ecluirennc nts:_ex except 1.3 and 10. L_.4.1_ 11.1 _._10_2 Extina 164anY F?�L pnent - 1 R_ecluirerneotsto cic,vc lgt?_and inn ntain all structures irk com2lianc e with NF fIA 1144, ed. 2018, - _.. sections: i. 4.1 — General 4.2 Str-uctr.rre Assessr,)ent l;lc;mcnts and (.'onditions iii__ _4_3 ,Develot-)nientof Wildlanci_ Fire Hazard Mitiaa ion_Plan 1U_litigation Iniplernentadon and Eriforcelnent V. 5.1 - Construction in Wildland Areas _ V 5_.2 C'onstruciioil Design acrd IUlaterials 5.2,.2 only Vii.5_3 __fool Desi4n and Materials cx_cent 511.1 throw4h 51.1.1.4 and5.3.4.1 through 5.a.4 3 viii_ - tycrhangin0'r_(Aections Ex._ 5.5 verha7,;ir<lg_I3uildings, X. 5,6- Exterior Vertical Walls Xi. ._-__5.7 __1 xteriortt7crlrrt; s xii, - _t -- Chin-iney_and Flues xiii__ 5.9 _accessory_ truMLmi xiV. 5,11 Vehicle Parlcrnl,_llx as XV. 5_.12 E'xteriorExl3osure Ilazarcl_s xvi. _6.1-_(Jeneral xvii. 6.2 Duels Modification and Treatment n`:---r-1C3i�r3a�`-�'h�i�s$rLh=tyf3'r3(—r`-riq-�2yt��fYxda}��`;-<?'c�".i11-2rr�"cTc�� rt-1-�r�tt'�i'rirElE�.�vr��a-z�1Yd-'v'-E?iF'i'.�:3=iz�t3�i3i�f�-t'r�'xflizS`f1s cis 4. c._Requirements and specific provisions for ongoing vegetation management funded through homeowner assessment and performed, monitored, and enforced by the homeowners association. e:d. Provisions which demonstrate coordination with the Wildlife Habitat Management Plan described above to establish joint management objectives and designated areas for wildlife habitat measures which are outside of the defensible space and wildfire mitigation areas. ch ._Requirements for annual review of the plan by a professional forester and a reporting of those findings and any recommended alterations to the plan to the County once every three years. D. A Stewardship Community Plan which includes provisions designed to educate residents of the unique resource values of the area and the community goals to utilize best management practices in the community development and operation to protect wildlife habitat and to establish and implement firewise community strategies. E. A draft of the deed restrictions or restrictive covenants to implement provisions of the Wildlife Habitat Management and Wildfire Mitigation Plans. F. A draft of the document establishing an acceptable homeowners association assuring the enforcement of the deed or covenant restrictions, maintenance of any common property, open space or resource management corridors and private streets, and providing for the assessment and collection of fees to fund the deed or covenant restrictions. G. If phasing is proposed, a phasing plan for the tentative subdivision plats. Each tentative subdivision application shall include a plat map meeting the subdivision requirements of DCC Title 17, the Subdivision / Partition Ordinance, except as may be specifically modified herein. 19.22.070. Street Improvements. Subject to applicable provisions of DCC Title 17, streets within the Westside Transect Zone may be private. For proposed private roads, -on-street parking is prohibited and the owner shall submit proof of a homeowner's association, deed restriction or the equivalent to assure continued ownership, maintenance and repair of the private streets. A. Notwithstanding the allowance for private roads, the county may determine that public road(s) are required to meet regional transportation needs and goals, including but not limited to a collector road to provide north -south connectivity through the Westside Transect Zone. 19.22.080. Off-street Parking. Off-street parking shall be provided as required in DCC 19.80. 19.22.090 Fence Standards. The following fencing provisions shall apply for any fences constructed as a part of residential development: A. New fences shall be designed to permit wildlife passage. The following standards and guidelines shall apply unless an alternative fence design which provided equivalent wildlife passage is approved by the County after consultation with the Oregon Department of Fish and Wildlife: 1. The distance between the ground and the bottom strand or board of the fence shall be at least 15 inches. 2. The height of the fence shall not exceed 48 inches above ground level. 3. Smooth wire and wooden fences that allow passage of wildlife are preferred. Woven wire fences are discouraged. B. Fences encompassing less than 10,000 square feet which surround or are adjacent to residences or structures are exempt from the above fencing standards. 4 November 19, 2018 Zechariah Heck, Associate Planner Deschutes County Community Development PO Box 6005 Bend, OR 97708-6005 SUBJECT: Proposed Westside Transect Zone Change and Plan Amendment FILE NUMBERS: 247-18-000612-ZC, 247 -18 -000613 -PA, 47 -18 -000614 -TA Dear Mr. Heck: Thank you for the opportunity to comment on the Hearings Officer's recommendation to the County Commissioners regarding the proposed zone change and amendment known as the Westside Transect Zone. Bend Park and Recreation District (District) staff has reviewed the Hearings Officer's recommendations and would like to enter the following comments into the record. Future Parks and Trails As a significant land owner adjacent to a majority of the proposed Westside Transect Zone, the District has a strong interest in ensuring that future developments in this area provide parks and trails for the public good. The District's Board of Directors recently adopted its 2018 Comprehensive Plan, in which future parks and trails are planned throughout the Westside Transect Zone. Attachment A, entitled "Park Search Areas," shows a need for parks in both the North and South properties. Attachment B, entitled "Trails Plan" shows the approximate location for trails in both the North and South properties. The trails planned in the North Property are of particular importance because they fill key gaps within the 31 -mile Deschutes River Trail system. Completing these gaps will provide seamless recreational access from Tumalo State Park, to Riley Ranch Nature Reserve, and through Bend to the south end of town, with connections to Shevlin Park and the Deschutes National Forest. Due to the significance of the planned trails in the North Property, these trails have been shown in the City of Bend's Transportation System Plan (TSP) and the District's Comprehensive Plans for years. Trails in the South Property are also important, as they will provide direct access from densely populated neighborhoods to nearly 1,000 acres of natural area within Shevlin Park and thousands more acres in the Deschutes National Forest. Over the past several years, District staff has coordinated with the applicants from the North and South properties about the need for public parks and trails on their properties. The District appreciates the applicants' willingness to collaborate with the District in meeting the community's needs for parks and trails in the Westside Transect Zone. The District understands the applicants' desire to remain flexible on the exact design and location of parks and trails at this time, which is why maps of parks and trails were not included in the applicants' application. However, the applicants and the District have worked to develop draft maps that show the approximate locations of parks and trails in the Westside Transect Zone. Attachment C shows the proposed trails in the North Property, and delineates how those trails complete key gaps in the regional Deschutes River Trail system as well as the Tumalo Creek Trail system. The District is still in discussions with the applicant about the location of a future park in the North Property. As seen in Attachment A, the District has a need for a community or neighborhood park in Park Search Area 5. In order to serve the greatest number of residents, the District would like to site the future park within what the City of Bend calls the "Shevlin Expansion Area" which is the area directly west of Awbrey Glen Golf Course that was recently brought into the Urban Growth Boundary. This area is owned by the same property owner as the North Property, although the Shevlin Expansion Area is not part of the Westside Transect Zone application. If a park in the Shevlin Expansion Area is not feasible, then the District would like to explore a potential site further north, within the Westside Transect Zone. Attachment D shows the proposed locations of parks and trails in the South Property. Given the importance of the parks and trails planned for the Westside Transect Zone, the District respectfully asks that the County Commissioners help the District ensure that public park and trails are provided in this area for today's residents, and for generations to come. If you have any questions regarding these comments, please don't hesitate to contact me at 541-706-6130, or quinn@bendparksandrec.org. Sincerely, Quinn Keever, Park Planner Bend Park and Recreation District Attachments Attachment A—Bend Park and Recreation District (BPRD) Park Search Area Map Attachment B—BPRD Trails Map Attachment C—North Property Proposed Trails Map Attachment D—South Property Proposed Parks and Trails Map 110 BPRD Existing Neighborhood Parks AIM 11 P ik 22 t & Clark ark J Alp—, Prk 3 t h -I 1, 4 l -_ A t t tri 3' - ly Park 25 I r d Nnhp inte ark Stel Park 2rt M tV- � f - Ya e Boyd f arE 2G- Ord - 1,a Park .f pk_ ,<• Canal Ro, Ps'l:. 27-CT,e.t,rf Pak `P � 7 Co I 1 '- Park 2S Not 6 tt h ornood Park r ( _ b C t .sl l 27 P— Ridge larkr�d�� 9 Eagle Pk 30 P- id Park 10 E P C,—mg 3' ] r k 1h a ! 32 C 1 Upland, Fark 12 C d -'d P k 33 St C. k Parc Sta 7 G. -Ind, P Sit 34 5 - P -.k .ns _; � �,. • r � . a � t- ,yc�� a HTvy 14 H P ark. Site 3, tir o in c Park 1 xzs�ii 7 H s'k 36 M d P=rk 16 H tPak 37 t vil. Park 17 Hital P 3a S11 P ©{�� • r 3k`, Rockndge --�- 1R 41 d- II P k 39 T}• - P Park rt Rtley Ranch ! 2 sf Park 19 H Ilyg - - P k G0- W'1 f Pzrk Nature (Leseive`'j dS`'�' 2 20 3 y Par', 4 d k C ,mmun ty.,rid / 7b. Par , e Iabelod o P nap 9G , /y s . t♦ f � 4 Park" V 33 - �'� 38 - t Park E1 Rrveruia s 1- t '140,P Pak i )k34 r f c a: t Frrsc SCreetg�� ' t Park f1 `gip 0 9 r _ 1� Raprds Park I �eo!legc ty }" r "�J `►' 7 � Par i Disco,l{�r - lyrorsa Pari a a� _ 13 t nt t`" Parks and Open Space Base Map Features D P,e t y t G, loa S r,e: Betcl P 2018. 0 Parrs BPRD Bou tda y O Park Sea -ch /a e �s' 5 A heady Golf Gooses Cty of Berd """�' IN°es i5 2 (Indud ng future Park ter Urnan Growth Bo,,nrfary 0 0_ZS O.J 1 Ovmed by the Distrct) Future Park Sites Tumalo C ee: *� hnp—o d Cross rigs' to Aac— Pa Pk, Public Lands r Deschutes National Forest Descin ter R ;. Bend -La P na Schools Non -Residential Areas - O Yon State Parks Transportation Commercial and Industrial - Btate Highway Bend Ccmprehenslve Plan z — Major Streets 'Park and crossing 1—t` ­are aprxoyimate and subject to change --- -- Local Streets Park Search areas Trail System Parks and Open Space Base Map Features ® U . J e 2018 Map F m i y MfG I ,,. S '..8 ndP t5.: t D J01r. Existing Primary Parks BPRD Boundary - F " inaCo t=cto' r Golt Courses _„_, _„ City of Bend Mdes r PaUrban Gn—tn Boundary o 0.25 0.5 1 i,5 2 Planned Trams' NN/W���� Future rk Sites Tum,1. Creel Deschutes Natronal Forest Trails Public Lands ; Deschutes River `All plannod ira is ares ,bj---t to change- - Dc—hutas Nati.-I Foresr Bend-La Pi- Sc—s Oregon State Parks Transportation State Highway �i Major Streets ..__._..�-_.-.... -- - --- Local Streets ..-.-._.--.__. Ralroad ” Trail Plan _ __ Packs Park Disbicl Boundary oD -a G -h 6oa1dary = Nbflc -d © Pstsntiallailbaatl Paticinq Westside Transect Zone - North Property 111 Proposed Trail System N wr S Not to Scale RIO LOBO SITE DATA: • SITE AREA: 377 AC +/- ® NO BUILD ZONE - 26.94AC+!- • CONSERVATION AREA - 43ACti- NATURAL AREA - 7.21 AC +- ® TOTAL NO BUILD ZONE;. -77.15 AC +- • TOTAL OPEN SPACE: 15.53 AC+;- • PROPOSED TRAIL - 16,570 LINEAL F 1 -;= • PROPOSED PAVED TRAIL- 4.020 ET. +/- • PROPOSED NATURAL TRAIL- 11,950 FT. ;'- • PROPOSED PARK LAND - 19.94 AC ;a- TO -(AL • (1)-4.41 AC -/- • (2) - 7.33 AC +/- • (3) - 8.2 AC • NATURAL. AREA • OPEN SPACE • PROPOSED PAVED TRAIL • PROPOSED NATURAL TRAIL. FOR: RIO LOBO - TRANSECT AREA KEVIN PRELIMINARY SITE LAYOUT DESCHUTES CO-UNTY,-OREGON--- -- DATE: 04/12/2016 1 SCALE: 1" = 400'1 DRAWN BY: JLB I PROJ: 13861 SHEET 1 OF 1 549 SW MILL VIEW WAY SUITE 105 BECON BEND, OREGON 97702 QwL ENGINEERING (541) 633-3140SPENCER & I—D SVRVMNG - www.beconeng.com November 21, 2018 Deschutes County Board of Supervisors PO Box 6005 Bend, OR 97703-6005 RE: City of Bend Summit West Neighborhood Association Comments on Westside Transect Zone Proposal, File Nos. 247-18-0006, 247 -18 -000613 -PA, 247 -18 -000614 -TA This letter provides comments for the Board of Supervisors Public Hearing record for the subject proposal from the City of Bend Summit West Neighborhood Association. General Comments The City of Bend Summit West Neighborhood Association (SWNA) extends from Northwest Crossing along Shevlin Park Road, and Awbrey Butte westerly to the City boundary. As such, this proposal will affect land use directly adjacent to the Summit West Neighborhood. We have reviewed the application and supporting materials for the subject Westside Transect Zone proposal. We find that while, overall, this proposal may have merit over alternative future land use configurations, including that which would occur under current zoning, there are several questions that should be addressed before the County amends its Comprehensive Plan and alters zoning. We request that the Burden of Proof document be amended or otherwise corrected in the public record, addressing our comments,)to support any decision to modify the Comprehensive Plan and zoning. This proposal has broad implications for future land use policy and planning in the region and there so r _ ___ _� h ,r;��„����., nr anaivcic in this regard. While the proposal only affects the subject tar appears o be no discussion �-• � parcels, approving it would establish significant precedents. We note that there are many large parcels surrounding the subject North properties that would likely be candidates for similar treatment as well as other areas of the City near the UGB that could also request the same type of zoning density. We believe that the County needs to address this proposal in the context of the larger vision for this area and for the areas abutting the UGB as a whole. What will be assumed for these other large parcels, especially those surrounding the North area? Is it the County's intent to create a ring of low density residential housing surrounding this or other parts of Bend's UGB? If so, how will the cumulative impacts of this additional development be mitigated, and how will this new ring of development be integrated with the City's plans over the next 20+ years as well as ultimate needs for further amendments to Bend's UGB? On a more specific level, this proposal relies on the creation of deed restrictions and covenants to address the absolutely crucial issues of wildfire mitigation and habitat protection. We believe that to have realistic enforcement of these provisions, the HOAs created for these areas must have the ability to enforce such provisions via fines or other sanctions. Simply having CCR provisions without such enforcement tools makes it much more likely such restrictions and covenants will be ignored over time. We suggest that the County should require that HOA governing documents include enforcement mechanisms that are binding on future residents through deed restrictions. Detailed comments on the proposal follow below. Detailed Comments on the Proposal BURDEN OF PROOF STATEMENT FOR TEXT AMENDMENT, PLAN AMENDMENT AND ZONE CHANGE At page 27 in this statement under Goal 6, it is noted that the zoning change in itself will not impact air, water and land resources, but it goes on to make a statement that wastewater will be handled by septic systems. There appears to be no sample percolation tests or other technical support to indicate septic systems are adequate to serve development at the proposed density. No analysis of a registered Geologist or written opinion by the County's Environmental Soils Division appears to have been provided to support sustainable service through septic systems. The County should be mindful of re- creating a situation such as exists in Southeast Bend, where failing septic systems — an inevitable occurrence — now require owners to connect to the sewer system at great, and for many, unaffordable expense. We believe a more prudent and sustainable solution would be for the County to require this development receive municipal sewer service at inception, either through the City of Bend or a dedicated treatment plant. Incorporating this service up -front will assure proper sewage service, protect water quality and assure that the total real cost of development is incorporated up -front, rather than burdening future residents or taxpayers in general. At page 28 under Goal 11, Public Facilities and Services, the narrative states in part. "Water service by the City of Bend is desired to facilitate the wildfire prevention/protection plans for the property. However, the proposed density range is achievable with or without a community or municipal water system." The supporting information does not adequately support the finding that individual or community well systems would be adequate. Simply providing well logs from six regional wells — two of which have no pump test data, two of which are small volume producers, and of those that do have pump test data, the data is up to 47 years old — is insufficient. We strongly support the desire to provide municipal water through the City of Bend. Such a approach would ensure the substantial additional benefit of providing fire hydrants and vastly better fire protection for the homes in the new developments and to fight wildfire. If the County wishes to retain an option for local groundwater wells, a comprehensive water demand and supply analysis and aquifer impact assessment by a registered Geologist should be required by the County prior to approval of this application. Also at page 28, the conclusion that the Westside Transect Zone will not adversely impact transportation facilities is not transparent. The document should indicate, consistent with the traffic analysis study, that absent planned mitigation actions, adverse impacts would occur to three intersections in Bend, but that with planned improvements and recently adopted development agreements, no significant impacts are anticipated. Recommendations for Future Planning Recognizing that this proposed action is but one stage in the process towards defining the form, extent, impact and mitigation of development, we request that the following development requirements be incorporated into future master plans and HOA Covenants Codes and Requirements, many of which may be covered by current County Code. 1. HOAs established under specific tract developments should be required to have binding authority on resident members and self -enforcement authority and mechanisms (e.g., fines). A master set of architectural guidelines specifying fire resistant construction materials should be developed for the HOAs in the Transect area to assure protection of wildlife and minimize wildfire risk. 3. Storm runoff from individual lots should be contained on-site and roadway areas should have common area drainage swales to eliminate urban runoff to natural drainage courses. 4. Low-water use native and non-native landscaping should be emphasized and maximum turf areas of +-250 sq. ft. per home should be established. We note that this proposal is one proposed action towards additional development on the northwest side of Bend. We understand that future master plans and tract maps must be approved before development commences. Accordingly, the SWNA would like to be placed on the mailing list for such future actions within or near the Transect area within the County's jurisdiction. Please send such notifications to: City of Bend Summit West Neighborhood Association 320 SW Century Drive, Suite 405 #244 Bend, Oregon 97702 The SWNA appreciates the opportunity to comment on the subject proposal and will greatly appreciate the Board's consideration of our comments. . Sincerely, Byrn Land Use Committee Chair Bend Summit West Neighborhood Association Zechariah Heck From: TINSLEY Bridget* OPRD <Bridget.Tinsley@oregon.gov> Sent• Monday, November 26, 2018 3:57 PM To: Zechariah Heck Cc: HILLMANN Laurel * OPRD; TAYLOR Trevor * OPRD Subject: Comments on the WTZ for the public hearing 11/27 Attachments: middle_deschutes river management plan.pdf Hello Zechariah, The following are comments from OPRD to be shared with the Board of County Commissioners regarding the most recent amendments and approval of the WTZ comprehensive plan. The Middle Deschutes was designated as a State Scenic Waterway (SSW) in 1988 at the request of the public and after an extensive multi-year planning process. The Middle Deschutes/Lower Crooked Rivers' Management Plan (attached) is the result of a joint effort between the public, and several state and federal agencies. The management plan identifies six different classifications with corresponding management actions that were created through public input and intensive analysis of planning issues. OPRD is tasked with upholding the SSW program; to ensure that the public's wishes are upheld and the state's resources are protected accordingly. OPRD would like the State Scenic Waterway rules to be better incorporated into the county's planning process and development regulations. By working in tandem, we can set a positive precedent for development and ensure that the public's wishes, that built the foundation for the State Scenic Waterway program, are upheld over time. By better integrating county and state regulations, we expect improved protection of public resources and a more comprehensive planning and permit approval process. The State Scenic Waterway program has designated rules for each classified river section to ensure that the character of the river, at the time it was designated, is set for perpetuity. This ensures that valued public resources are protected. In regards to the WTZ, the Middle Deschutes Scenic River is classified as a Recreational River area. Among other guidelines, this classification stipulates that new structures and improvements shall be set back a minimum of 100 feet from the ordinary high water line, 20 feet back from the edge of the rimrock, that all new structures be finished in colors and tones that blend with the surrounding landscape, and that natural evergreen vegetation will be maintained between the structures and the river. OPRD is concerned that the analysis and approval of the WTZ comprehensive plan does not give sufficient consideration for the intensity of the proposed development within the scenic waterway. Approval of increased development density, from 10 -acre minimum to a 2.5 -acre minimum SR lot size acre, is problematic for the Middle Deschutes Recreational River classification. OPRD believes that such development may substantially impair the natural beauty of the scenic waterway and diminish its esthetic, fish and wildlife, scientific and recreational values. The proposed development interests would be more suitable under the classification of a "River Community Area", but to -date a state scenic waterway has never been re-classified, doing so would undermine the initial intention of the designation that was set by public precedent. Furthermore, the northern boundary of the WTZ is not within the County's Landscape Management Zone. If this is in fact true, it leaves the State Scenic Waterway program as the only regulation in place that protects the scenic waterway for that area. This is problematic because typically applicants seek SSW compliance and OPRD consent only after they have received county approval. As such, OPRD would like Deschutes County to adopt SSW regulations. OPRD is pleased that the river was ultimately identified as a goal 5 resource, but OPRD would like better support from Deschutes County to ensure all development complies with the SSW program; such considerations cannot wait until after development plans are proposed. Deschutes County should better incorporate State Scenic Waterway regulations into their approval process to ensure public compliance and natural resource protection. The WTZ proposal provides a timely opportunity for Deschutes County and OPRD to work together to ensure that any acceptable development will not undermine the designated scenic river area. The proposed changes brought by the WTZ will set a precedent for future development in the County. It is imperative that Deschutes County integrates State Scenic Waterway regulations in the management planning for the proposed Westside Transect Zone to ensure adequate resource protection and consideration for the long-term consequences of development. Thank you, Bridget Tinsley From: Zechariah Heck[mailto:Zechariah.Heck@deschutes.org] Sent: Monday, November 26, 2018 6:51 AM To: TINSLEY Bridget * OPRD Subject: RE: WTZ public hearing 11/27 Thanks, Bridget. By the end of the day, please forward to me any additional comments OPRD may have if you want the Board of County Commissioners to review tomorrow at the hearing. Zechariah Heck I Associate Planner 117 NW Lafayette Avenue I Bend, Oregon 97703 rA , V PO Box 6005 1 Bend, Oregon 97708 Tel: (541) 385-1704 1 www.deschutes.org/cd Disclaimer: 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: TINSLEY Bridget * OPRD <Bridget.Tinsley@oregon.gov> Sent: Wednesday, November 21, 2018 11:19 AM To: Zechariah Heck <Zecharia h.Heck@deschutes.org> Subject: WTZ public hearing 11/27 Hello Zechariah, Thank you for notifying me about the Deschutes County Hearings Officer's recommendation to approve the Westside Transect Zone. I wanted to inform you that I plan to attend the public hearing on November 27th, and OPRD is pleased to see the amendments addressing Goal 5 resources. Thank you, Bridget Tinsley Natural Resource Specialist ` _ Mountain Region Oregon Parks and Recreation Department 1645 NE Forbes Rd., Suite 112 STATE RAIRKS Bend, Oregon 97701 f' Desk: 541.388.6236 1 Cell: 541.410.4892 www.oregonstateparks.org �n F��C002LAJ i 00 c -i 0 N N Lry-� V! E aU 0 irl r r • w i t • �r • rr • • ., •rl • 0 i (U -4-j u L CU � V Q ccs V) O tU O n (D V) NV � --J o O � � > O O m U � ,o -+� v .S2 L 4-J � ._' O tU tU 4-J u� -�-� "10 ---1 Os 0 ccs O tU O n (D u NV � L o O � � > C O � ,o -+� ,u 4-J u ._' O tU 4 11-.. V) C tt5 c—! 0 C'L Q Rf Qa N Q 1L PIT •M V 4-J W u x e n� W e �e.e. i ^�en'e 6i/ CL 0 L— CL 4-J tO 4e/ I .0 4-J L— r v u :N9, s a l sf I ! a MW Ig Ali wq 1 41 C i �Ir i ? 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O � W 00 •S cn a� O or ca N . `/_ W 0 NI ca E � J L O (U N ._ J a cz i>> O +� 0 > O -� � .� cz �. N a) O O +' 4-1 � ca a) -C O z V) E F > > C6 i� Q Z = 4.0 E O •— O O N' U m E N � �Q cin N M C: a C: Q 0 O � C G E O U !E Cc: Z O 4 U -4-J - -j N E Ca — N (! O � W 00 O QD co F Off, 5 5 Chapter 19.22. WESTSIDE TRANSECT ZONE - WTZ 19.22.010. Purpose. 19.22.020. Permitted Uses. 19.22.030. Conditional Uses. 19.22.040. Height Regulations. 19.22.050. Lot Requirements. 19.22.060. Land Divisions. 19.22.070. Street Improvements. 19.22.080. Off -Street Parking. 19.22.090. Fence Standards. 19.22.010. Purpose. To accommodate and provide standards for land located between the urban and rural areas that provides a transitional residential development pattern with densities ranging from one unit per 2.5 to 10 acres to guide development of stewardship communities which are designed and managed to protect wildlife habitat, and establish wildfire mitigation and prevention strategies. 19.22.020. Permitted Uses. The following uses and their accessory uses are permitted outright: A. Single-family dwelling. B. Hoene occupation subject to DCC 19.88.140. C. Other accessory uses and accessory buildings and structures customarily appurtenant to a permitted use subject to DCC 19.92.020. 19.22.030. Conditional Uses. The following uses and their accessory uses may be pennitted subject to site plan review and a conditional use pen -nit as provided in DCC 19.76, 19.88, and 19.100: A. Public, parochial and private schools, including nursery schools, kindergartens and day nurseries; but not including business, dancing, trade, technical or similar schools subject to DCC 19.88.160. B. Parks and recreation facilities, community buildings and fire stations; but not including storage or repair yards, warehouses or similar uses. C. Utility facility, including wireless telecommunications facilities, subject to DCC 19.88.120. D. Churches. 19.22.040. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 30 feet in height, except for schools which shall not exceed 45 feet in height. 19.22.050. Lot Requirements. The following requirements shall be observed: A. Lot Area. Each lot shall have a minimum of 2.5 acres. B. Lot Width. Each lot shall be a minimum width of 125 feet. C. Front Yard. The front yard shall be a minimum of 40 feet. D. Side Yard. There shall be a minimum side yard of 30 feet. E. Rear Yard. There shall be a minimum rear yard of 30 feet. F. Solar Setback. The solar setback shall be as prescribed in DCC 19.88.210. G. Park Setback. The setback from Shevlin Park shall be a minimum of 100 feet. H. Slope Setback. There shall be a minimum setback of 30 feet from the edge of any slope which exceeds 20%. 19.22.060. Land Divisions. All residential subdivisions shall be master planned under DCC 17.16.050 and shall comply with the following. A. Master Development Plan Requirements. In addition to the overall master development plan requirements of DCC 17.16.050, such master development plans in the Westside Transect Zone shall also demonstrate: 1. The lot configuration, street layout, trails and any open space or common areas are designed to be compatible with existing or projected uses on adjacent properties; 2. The adequacy of the transportation access, including trails, to the site; and 3. The development contributes to the preservation of natural and physical features of the site, including but not limited to, general topography, natural hazards and natural resource values. B. Residential lots shall be limited to 100 residential lots for the North Transect and 87 residential lots for the South Transect, as depicted on Figure 1 at the end of this chapter. C. The subdivision shall be designed in accordance with a Wildlife Habitat Management Plan and a Wildfire Mitigation Plan for the subdivided property as described below and submitted with the master development plan application. 1. A Wildlife Habitat Management Plan prepared by a professional biologist which identifies important wildlife habitat and migration corridors and contains provisions for deed restrictions or restrictive covenants which include but are not limited to the following components: a. Dedicated open space and/or resource management corridors with specific enforceable measures to aid in wildlife migration and protect habitat within these areas. b. Specific vegetation management standards for areas within the open space and/or resource management corridors to protect wildlife habitat funded through homeowner assessment and performed, monitored and enforced by the homeowners association. c. Specific setbacks from wildlife corridors. d. Provisions which demonstrate coordination with the Wildfire Mitigation Plan described below to establish joint management objectives and designated areas for wildlife habitat measures which are outside of the defensible space and wildfire mitigation areas. e. Requirements for annual review of the plan by a professional biologist and a reporting of those findings and any recommended alterations to the plan to the County once every three years. 2. A Wildfire Mitigation Plan prepared by a professional forester- which identifies and includes enforceable measures to prevent the ignition and spread of wildfire, and contains provisions for deed restrictions and/or restrictive covenants which include but are not limited to the following components: a. Requirement to develop and maintain all residential lots in compliance with the National Fire Protection Association (NFPA) Zone 1, 2 and 3 standards, containing concentric rings extending outward from the structure implementing the defense in depth approach, with Zone 1: 30 feet adjacent to structures, Zone 2: 30 to 100 feet from structures, and Zone 3: 100 to 200 feet from structures. b. Home construction in accordance with firewise structural design and construction standards as set forth in Table 19.22. c. Requirements and specific provisions for ongoing vegetation management funded through homeowner assessment and performed, monitored, and enforced by the homeowners association. d. Provisions which demonstrate coordination with the Wildlife Habitat Management Plan described above to establish joint management objectives and designated areas for wildlife habitat measures which are outside of the defensible space and wildfire mitigation areas. e. Requirements for annual review of the plan by a professional forester and a reporting of those findings and any recommended alterations to the plan to the County once every three years. D. A Stewardship Community Plan which includes provisions designed to educate residents of the unique resource values of the area and the community goals to utilize best management practices in the community development and operation to protect wildlife habitat and to establish and implement firewise community strategies. E. A draft of the deed restrictions or restrictive covenants to implement provisions of the Wildlife Habitat Management and Wildfire Mitigation Plans. F. A draft of the document establishing an acceptable homeowners association assuring the enforcement of the deed or covenant restrictions, maintenance of any common property, open space or resource management corridors and private streets, and providing for the assessment and collection of fees to fund the deed or covenant restrictions. G. If phasing is proposed, a phasing plan for the tentative subdivision plats. Each tentative subdivision application shall include a plat map meeting the subdivision requirements of DCC Title 17, the Subdivision / Partition Ordinance, except as may be specifically modified herein. 19.22.070. Street Improvements. Subject to applicable provisions of DCC Title 17, streets within the Westside Transect Zone may be private. For proposed private roads, on -street parking is prohibited and the owner- shall submit proof of a homeowner's association, deed restriction or the equivalent to assure continued ownership, maintenance and repair of the private streets. A. Notwithstanding the allowance for private roads, the county may determine that public road(s) are required to meet regional transportation needs and goals, including but not limited to a collector road to provide north -south connectivity through the Westside Transect Zone. 19.22.080. Off-street Parking. Off-street parking shall be provided as required in DCC 19.80. 19.22.090 Fence Standards. The following fencing provisions shall apply for any fences constructed as a part of residential development: A. New fences shall be designed to permit wildlife passage. The following standards and guidelines shall apply unless an alternative fence design which provided equivalent wildlife passage is approved by the County after consultation with the Oregon Department of Fish and Wildlife: 1. The distance between the ground and the bottom strand or board of the fence shall be at least 15 inches. 2. The height of the fence shall not exceed 48 inches above ground level. 3. Smooth wire and wooden fences that allow passage of wildlife are preferred. Woven wire fences are discouraged. B. Fences encompassing less than 10,000 square feet which surround or are adjacent to residences or structures are exempt from the above fencing standards. Coats -Rio Lobo Westside Transect Hearing Nov 27, 2018 Fire Mitigation Presentation Qualifications & Experience • Natural resource and wildland fire career with Oregon Dept. of Forestry. • Consulting services provided for a variety of land use and wildfire mitigation projects in Central Oregon (see attached qualifications). • In addition to this project, project management services have just been completed for a Crook County FEMA Pre -Disaster Mitigation grant. Parcel Description & History Both parcels are bordered by high density residential and/or recreational use. • Northern parcel (Coats) -Mixture of flat and rolling topography with a continuum of Ponderosa pine/mixed pine -juniper and open rock outcrops. Vegetation pattern driven by soil and moisture capacity. • Southern parcel (Rio Lobo)-Tumalo Cr. Drainage to east bench; mixed brush species & Ponderosa • Predominant historical event -1990 Awbrey Hall Fire; fire effects and development of brush field; lack of natural regeneration; fuels —brush mowing. • Need for on-going vegetation management. The Big Picture -"Western Cohesive Wildfire Strategy" and "Living with Fire" (ww .forest nray elands. o ) • Restore & Maintain Resilient Landscapes • Create Fire -Adapted Communities • Safe & Effective Wildfire Response "Living with Fire" is a reality in Central Oregon and most of the intermountain west. How do these concepts apply to the Transect proposal? • These 3 fundamental principles were a part of the recently approved "Tree Farm" development and have been incorporated into this proposal. 0 Opportunity to establish a common wildfire mitigation conceptual approach that will integrate with fuels work in progress under West Bend Fuel Break initiative (fuel treatments, good access, "flat" ground... supports a safe and effective wildfire response). Current Fire Risk (ignition) and Hazard (fire fuels)— * Ignition Risk -Both parcels are exposed to an elevated risk due to the adjoining high density residential and recreational use. • Fuels Hazard -Variety based on levels of treatment and fuel complexity. • Currently these areas are dominated by wildland type fuels. • Development of a "fire -adapted" neighborhood would provide the needed transition. Specific Plans for the Transect Area—Details in Fire Mitigation Reports • Vegetation Management within each parcel -Proposed standard same as Tree Farm with adjustments for open space and conservation areas; NFPA 1144. • 2 % acre parcel size ensures opportunity to require extensive vegetation management on an on-going basis. • Structural design and building material standards—variety of options including research by insurance industry testing organizations. • Transportation planning; effective evacuation planning; clear, usable evacuation instructions/planning. • Coordinated planning for water as a fire mitigation measure on the west side of the Rio Lobo portion adjacent to wildlife conservation area. Benefit to surrounding neighborhoods, City of Bend— • Well-designed Fire Adapted Neighborhood on Bend's west side provides the foundation for a Safe and Effective Wildfire Response. • Area is currently dominated by wildland fuels. • Proposed development will effectively provide a transition from wildland scenario to a Fire Adapted community scenario. • NET Gain in fire safety for Bend's west side. ��w-SEs co BOARD OF COMMISSIONERS' MEETING o � REQUEST TO SPEAK Citizen Input or Testimony Subject: Date: Name€2y' Address Phone #sl��1 E-mail address�vl�� El//"in Favor ❑ Neutral/Undecided ❑ Opposed written documents as art of testimony? 12�Yes ❑ No .Submitting p Y If so, please give a copy to the Recording Secretary for the record. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS k 00 P E G 0 ih LANDWATCH November 26, 2018 Deschutes County Board of Commissioners 1300 NW Wall St. Bend, OR 97703 `)o SW Bond St., Sic. 4 1 Bend, OR 91702 Phone: (541) 64/ 2930 www.centraloregonlandwatch.org Re: File Nos. 247-18-000612-ZC, 247 -18 -000613 -PA, 247 -18 -000614 -TA Dear Commissioners: I am writing on behalf of Central Oregon LandWatch in support of the applications before you. This letter supplements our earlier letter of September 7 to the Deschutes County Hearings Officer. In addition to the reasons stated in our September 11 letter, we believe that this Westside Transect Zone is appropriate as it follows through on three key initiatives of the City of Bend and Deschutes County. The creation of a County Westside Transect Zone would be consistent with and coiiipicLc UA_,1.ILy Vl Bend's Westside Transect planning. The City's Westside Transect planning is explained in detail in the 2016 urban growth boundary plan. The impetus for the application of a transect here was to reduce fire risk by creating less dense housing toward the western edge of the City. The two key properties at issue here, Rio Lobo and Coats, would complete the application of the Westside Transect up to the boundary of Shevlin Park. Another matter for which a County Westside Transect Zone would be consistent is the earlier development of the Miller Tree Farm. During hearings on applications for the Tree Farm development, the applicant proposed and the County adopted what were considered to be at the time the most advanced planning tools in terms of effective fire protection plus maintenance of quality wildlife habitat. The Miller Tree Farm development is also in the county and in many respects provided the foundation for this zone to be applied to the adjoining and nearby lands of Rio Lobo and Coats. Finally, these current applications regarding a County Westside Transect Zone is consistent with the Deschutes County Comprehensive Plan in its Section 3.4 on Natural Hazards and Section 3.5 on Natural Hazards Policies. These plan segments and policies were developed in response to the known fire risk in the area. The recent tragic fires in California over the past couple of years, including the Paradise Fire, the fire at Thousand Oaks, the fire in Santa Rosa, the fire around N11�lui"11�ECf,-�t�C�, VV C.,rkiff 61Ll�i, _1"„iC) f int' .,. �lG7)11QL)1 : ��Cilf'1P:1Ufil'iIPS Redding, and the fire in Ventura all bring home how important it is for a special zone to be created in a way that reduces the potential impacts of wildland fires which will come out of the ponderosa pine forests to the west and northwest, the directions from which the wind predominantly blows during the dry summer months. Attached is a map, "Westside Transect -Related Fire Buffer Zone," showing the importance of the Rio Lobo and Coats properties to completing a buffer zone to help protect Bend from fires coming from the west and northwest. Thank you for your consideration. Very truly yours, Paul Dewey, Executive Director 50 SW Bond Si., Sic;. 4 I [Sand, OR 97702 Phor ie: (,A 1) 647 2930 www.centraloregonlandwafch.org i" ! 1lr'riE �_� W w!",;, �t 1 orSf 1cjh)ob/c �orr'�ir�u!�r'es t 2 7 mplim pq MITI!! III all iii` „ transect 112518 taxlots.mxd 0 0.5 1 County Westside Transect Zone Land dedicated to Shevlin Park Miles _LU a BOARD OF COMMISSIONERS' MEETING a � REOUEST TOSPEAK Citizen Input or Testimony Subject:Date: Name Address 6, �'eq Phone #s E-mail address t'C In Favor Neutral/Undecided F-1 Opposed Submittingwritten documents as art of testimony? Yes No p If so, please give a copy to the Recording Secretary or the record. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS My name is William Gregoricus, former Land Use Chair for the Awbrey Butte Neighborhood Association, a city sanctioned organization. My family and I reside at 3681 NW Cotton Place which is located within the property boundaries known as Awbrey Glen. The Awbrey Glen community, which is comprised of 360+ single family residences, is located on the west side of Mt. Washington in Bend Oregon. After the horrific results, both in terms of loss of life as well as property, of the recent Camp Fire in California, it is obvious to many that the community planning of yesterday needs to be seriously revamped to address many serious issues with one no more important than fire mitigation. Having had the opportunity to spend hours walking this property with a land -use professional, it is my belief that this low-density comprehensive proposal includes a clear and well- planned two -fold stewardship to address wildfire prevention/mitigation strategies and programs as well wildlife migration plans. Both components are designed to provide long term, stable funding and management of this land as well as being inline with both city and county urban development and resource planning objectives. Additionally, the applicants have consistently demonstrated their commitment to continue to work with the County and the City of Bend to insure adequate services are available for the proposal and will continue to work on transportation studies and development agreements with the affected jurisdictions to insure impacts from the proposal are adequately addressed and mitigated. As the Heatings-Office reported;--prpo-��ra� K ben deveio� d in co 'nation with orestersi 'fe i'dioists to ad ss, as a imary c unity g I, the rotect), f dee winter r e migratio co -'i or within t is r interface ar nd the p ve --o he sprea rilrl4re ar' g from th wes Dreading the P evailin Ewfo7 : - • As importantly, the Hearings Officer has found, the long term environmental, energy, social and economic consequences of the proposal are positive and will support the needs of a wildlife corridor supported by the applicant's consistent wildfire mitigation treatments I support this application and ask the commissioners to approve this application. i0ilill't -03 w�J-cEsmCO Z o { BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony - ,�����J � Date: `�,Z . Subject: ' Name Address Phone #s E-mail address v ( eti C ^ In Favor F—] Neutral/Undecided Opposed written documents as art of testimony? F] Yes No Submitting p Y If so, please give a copy to the Recording Secretary for the record. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS D�/ J-cEs c �U� 0`2 BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject: :�►s�c`f Date: Name 14i "rj tt Address 101,11� Ao--� },7203 Phone #s�/ 2- - /4,k 2- E -mail address Vs ", -e ­S60 In Favor Neutral/Undecided F] Opposed Submitting written documents as part of testimony? F] Yes 64 No If so, please give a copy to the Recording Secretary for the record. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS J-rEs C ?� BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject: r �,'� `M;f,� t�/ 2,I)A Date: �� �� ����� ✓ Name 6e e 6 V 14 Address 7,76 Phone #s E-mail address's C-✓ S'ti�° rail In Favor F-] Neutral/Undecided Opposed Submitting written documents as part of testimony? 1:1 Yes u No If so, please give a copy to the Recording Secretary for the record. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS 46 �JTEs c0 r. BOARD OF COMMISSIONERS' MEETING o { REQUEST TO SPEAK Citizen Input or Testimony Subject: l �� `'�Zl'l Date: �� r Name ✓'` AddressG?/� f ZU-� Phone #s �'2-J_ 97Z_ �Z E-mail address Z�L In Favor Neutral/Undecided El Opposed Submitting written documents as part of testimony? Yes F] No If so, please give a copy to the Recording Secretary for the record. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS �Gw-cEs c LZ -o BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony s _ Subject:�Date: Name Alli( 4G f (Lfi 0yl D l n �t Address - _J 1 q S . 0 Phone #s (.41 E-mail addressGa o-� (n I' +� I/ In Favor Neutral/Undecided F] Opposed Submitting written documents as part of testimony? ❑ Yes No If so, please give a copy to the Recording Secretary for the record. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS �Gw-cEs co`2 w a BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Citizen Input or Testimony Subject: r Y' c'- , Date: _ I 0 Name Lo//r���✓�.. Address 1215-7 Cr Phone #s - `, t> 5 -7// E-mail address In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? ® Yes No If so, please give a copy to the Recording Secretary for the record. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS GAJ-cEs co` o b ?{ BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject: Date: X/ Name ' e--. / �_ Address __� I i. Phone #s t f� E-mail address' In Favor Neutral/Undecided F-1 Opposed Submitting written documents as part of testimony? Yes No If so, please give a copy to the Recording Secretary for the record. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS ,�v-sEs O` w�? BOARD OF COMMISSIONERS' MEETING o REQUEST TO SPEAK Citizen Input or Testimony L_eLSubject:c� Name / Address 'J :2at Phone #s %> E-mail address 12/ In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? ❑ Yes EA No If so, please give a copy to the Recording Secretary for the record. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS �J-rEs c ;.oma �G 2, BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject: Date: i Name V-� Address Phone #s E-mail address In Favor F] Neutral/Undecided Opposed Submitting written documents as part of testimony? ❑ Yes No If so, please give acopy to the Recording Secretary for the record. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS