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2019-101-Minutes for Meeting January 30,2019 Recorded 3/27/2019TE Q ' a � ?{ BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes County Nancy Blankenship, County Clerk Commissioners' Journal CJ 2019-101 03/27/2019 8:10:54 AM IIIIIlIIIfIIIIIIIIIlIIIII 111 111 BUSINESS MEETING MINUTES 10:00 AM WEDNESDAY, January 30, 2019 BARNES & SAWYER ROOMS Present were Commissioners Phil Henderson, and Patti Adair. Commissioner Anthony DeBone was absent, excused. 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 meeting 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 Henderson called the meeting to order at 10:00 am PLEDGE OF ALLEGIANCE: CITIZEN INPUT: Commissioner Henderson spoke on the groups present this morning and appreciates interest. Commissioner Henderson acknowledged the earlier Second Amendment preservation ordinance submitted for Board consideration by a local citizen and advised that the Board has not had any discussion regarding the ordinance. Commissioner Henderson commented on jurisdiction of government. Commissioner Adair appreciates the outreach of the public and explained the position of the Commissioners. BOCC BUSINESS MEETING JANUARY 30, 2019 PAGE 1 OF 7 The following citizens approached the Board regarding the Terrebonne Highway 97 Refinement Plan • Kathy Clair approached the Board to share additional information regarding the impacts of the citizens and community traveling. ODOT hasn't taken citizen input seriously regarding this project. • Jan Fuller approached the Board with her concerns of the Terrebonne Refinement Plan. • Phil Grillo presented a white paper binder prepared to define solutions for the land use and transportation choices for Terrebonne. • Luis Elenes is a Terrebonne resident and hopes to protect the resources that Terrebonne has and notes the plan of ODOT will destroy the business district. The following citizens approached the Board with comments regarding the proposed second amendment preservation ordinance • Melanie Kebler is a Bend resident and is an attorney that has worked with victims of domestic violence. She explained the draft ordinance that was presented to the Board would make our community less safe. She also commented on this ordinance on the ballot rejected by the community in the past. • Sarah Douglass lives in Bend and had gun violence in her neighborhood just this month. Ms. Douglass urges the Board to not consider this ordinance. • Ruth Herbert is a retired nurse practitioner in Redmond and urges the Board to not consider this ordinance. • Geri Hauser approached the Board on behalf of the League of Women Voters in Deschutes County and expressed their national position on gun safety. • Zandra Brant approached the Board to deny the request of the proposed gun ordinance. Ms. Brant spoke on state and federal law. BOCC BUSINESS MEETING JANUARY 30, 2019 PAGE 2 OF 7 • Foster Fell is a resident of Bend and empathizes with Mr. Robison but feels this would damage Deschutes County's reputation and will endanger public safety. • James Foster is a professor of political science and spoke on the 2nd amendment. • Susan Cobb representing a friend that could not be here and read his email into the record and provided a copy for the record. • Amber Hossick is a mother and is worried about dropping her children off at school and even seeing her firefighter husband leave for work every day. Ms. Hossick spoke on the red flag law and recent deaths in Bend and Deschutes County. • Caroline Skidmore approached the Board and has concerns about the proposed gun ordinance. Ms. Skidmore spoke on protecting citizens from gun violence. • Jarrad Robison (promoter of the subject ordinance) would like to formally request to be on the Board agenda for February 20. Mr. Robison noted the constitution states people have the right to bear arms and doesn't feel there should be a red flag law that violates people's rights. In the last three days he has collected 900 signatures and hopes the ordinance would be placed on the ballot. • Nancy Boeves is a resident of Bend and expressed concerns. She spoke on violence to women and urges the Board to deny this ordinance. • Ron Foerster is appalled that he is here and the time that is being spent on this topic and commented the rule of law and enforcement of law. • David Brock is a resident of Redmond and is a retired minister. The proposed ordinance demands certain rights but doesn't reflect responsibility. Mr. Brock commented on statistics of gun violence. • Rose Archer commented on this proposal that will cause people to be unsafe. BOCC BUSINESS MEETING JANUARY 30, 2019 PAGE 3 OF 7 • Linda Johnson approached the Board as a county resident and spoke on safety risks. Ms. Johnson appreciates the deep sense of collaboration between all systems in the county. • Eileen Grover is a Bend citizen and is a children's group counselor and feels this proposed ordinance will take away the progress of moving toward additional safety with gun laws. • Carey Makinnon is a resident in Bend and spoke on a personal tragedy with the loss of her brother due to gun violence. Ms. Makinnon stated this proposed ordinance is reckless and violates public safety. The following citizens approached the Board with comments regarding the US Tumalo • Nunzie Gould is a Deschutes County resident. Ms. Gould spoke on the community meeting held in Tumalo. She spoke on traffic safety and feels ODOT is not thinking toward the future. CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda. ADAIR: Move approval of Consent Agenda HENDERSON: Second ADAIR: Yes DEBONE: Absent, excused HENDERSON: Chair votes yes. Motion Carried Consent Agenda Items: 1. Consideration of Board Signature of Document No. 2019-050, an Option Agreement Between Deschutes County and Frosted Organics/Joseph Berquist BOCC BUSINESS MEETING JANUARY 30, 2019 PAGE 4 OF 7 2. Consideration of Board Signature of Letters Reappointing David Endeman and Ashley Mooney to the Cascade View Estates Special Road District 3. Consideration of Board Signature of Letters Thanking John Cox for Service on the Cascade View Estates Special Road District 4. Consideration of Board Signature of Letters Thanking Jennifer Lawrence for Service on the Deschutes River Recreation Homesites Special Road District #6 5. Consideration of Board Signature of Letters Appointing Linda Brolin to the Deschutes River Recreation Homesites Special Road District #6 ACTION ITEMS: 6. PUBLIC HEARING: Text Amendments to DCC 17.16.105 Regarding Access Requirements to Subdivisions Peter Russell Senior Transportation Planner outlined the hearing procedures. There being no disclosed conflicts or challenges, Commissioner Henderson opened the public hearing. Mr. Russell gave the staff report. Commissioner Henderson opened the hearing for any public comment. Nunzie Gould, Deschutes County resident, appreciates the act of tightening up the language but stated her opinion that this ordinance neglects to address ongoing maintenance issues. Mr. Russell spoke on road standards. Hearing no further public testimony, Commissioner Henderson closed the public hearing. Commissioner Henderson offered to leave the record open for a week. The written record closes at 5:00 p.m. on February 6 and deliberations will be scheduled for February 20. BOCC BUSINESS MEETING JANUARY 30, 2019 PAGE 5 OF 7 7. DELIBERATIONS: Waveseer Marijuana Production Appeal, 24350/24360 Dodds Road, Bend Matt Martin, Community Development Department Planner presented this item. Adam Smith Assistant Legal Counsel addressed the procedural process. Commissioner Adair disclosed that she will proceed impartially. Commissioner Henderson asked for any challenges; there being none, the deliberations continued. Mr. Martin presented the decision matrix. Commissioner Henderson questioned whether the deliberations should continue on February 13 to allow Commissioner DeBone's participation. Commissioner Adair commented on water usage proposed by the applicant. Commissioner Henderson also sees concern with water source. Commissioner Adair mentioned she had driven past the property to see the general layout of the property. The decision matrix issues were reviewed and commented on. Discussion held around the neighboring property and the definition and interpretation of youth activity centers. Both Commissioners Adair and Henderson feel the neighboring property satisfies/meets the definition of a youth activity center. ADAIR: Motion to deny the application based on a youth activity center located within 1000 feet of the subject property HENDERSON: Second ADAIR: Yes DEBONE: Absent, excused HENDERSON: Chair votes yes. Motion Carried OTHER ITEMS: None were presented BOCC BUSINESS MEETING JANUARY 30, 2019 PAGE 6 OF 7 EXECUTIVE SESSION: At the time of 12:31 p.m., the Board went into recess to reconvene in the Allen Room under ORS 192.660 (2) (f) to consider information. The Board came out of Executive Session at 1:09 p.m. ADJOURN Being no further items to come before the Board, the meeting was adjourned at 1:09 p.m. DATED this Day of �Z C 2019 for the Deschutes County Board of Commissioners. ATTEST: RECORDING SECRETARY BOCC BUSINESS MEETING PHILIP G._NDERSON, CHAIR PATTI ADAIR, VICE CHAIR ANTHONY DEBONE, COMMISSIONER JANUARY 30, 2019 PAGE 7 OF 7 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - www.deschutes.org BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 AM, WEDNESDAY, JANUARY 30, 2019 Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend This meeting is open to the public. To watch it online, visit www.deschutes.org/meetings. Business Meetings are usually streamed live online and video recorded. 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 PLEDGE OF ALLEGIANCE CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Please complete a sign-up card (provided), and give the card to the Recording Secretary. Use the microphone and clearly state your name when the Board Chair calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing not being conducted as a part of this meeting will NOT be included in the official record of that hearing. If you offer or display to the Board any written documents, photographs or other printed matter as part of your testimony during a public hearing, please be advised that staff is required to retain those documents as part of the permanent record of that hearing. CONSENT AGENDA 1. Consideration of Board Signature of Document 2019-050, an Option Agreement Between Deschutes County and Frosted Organics/Joseph Berquist. Board of Commissioners Business Meeting Agenda of 3 Wednesday, January 30, 2019 Page 1 2. Consideration of Board Signature of Letters Reappointing David Engeman and Ashley Mooney to the Cascade View Estates Special Road District 3. Consideration of Board Signature of Letter Thanking John Cox for Service on the Cascades View Estates Special Road District 4. Consideration of Board Signature of Letter Thanking Jennifer Lawrence for Service on the Deschutes River Recreation Homesites Special Road District #6 5. Consideration of Board Signature of Letter Appointing Linda Brolin to the Deschutes River Recreation Homesites Special Road District #6 ACTION ITEMS 6. PUBLIC HEARING: Text Amendment to DCC 17.16.105 Regarding Access Requirements to Subdivisions - Peter Russell, Senior Planner 7. DELIBERATIONS: Waveseer Marijuana Production Appeal, 24350/24360 Dodds Road, Bend - Matthew Martin, Associate Planner OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2)(b), personnel issues; or other executive session categories. Executive sessions are closed to the public; however, with few exceptions and under specific guidelines, are open to the media. ADJOURN 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: Board of Commissioners Business Meeting Agenda of 3 Wednesday, January 30, 2019 Page 2 Additional meeting dates available at www.deschutes.or/meetin calendar Meeting dates and times are subject to change. If you have question, please call (541) 388-6572. Board of Commissioners Business Meeting Agenda of 3 Wednesday, January 30, 2019 Page 3 BOARD OF COMMISSIONERS' MEETING. REQUEST TO SPEAK Citizen Input or Testimony Subject:eJr\-"C_ 0U��L Name c\- Date: I Address csit() Nie Ce Phone #s 563 '7) E-mail address In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes 2(No If so, please give a copy to the Recording Secretary for the record. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject: Name ' °Z - - 't Date: 0 Address q010 o -D-644 Au -e t t Phone #s f /-- zit 0 .3 E-mail address 04.6-4-111,11- wk., 18 ,i$ .. ,f -y - c.,.�--,. In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes 65No If so, please give a copy to the Recording Secretary for the record. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS Subject: Name BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Address 'L)\ Date: Phone #s 114 rq1 1 E-mail address In Favor 'io 7 I/ td Ito )ewe/ Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed No SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject: DOT R o AD CO up LC /1uzronate: / o/ 11 Name Lt a i ,.s Address 2.6 `q 3 AJ & ,t4/11i 7F"ef r: Lru/J : Oa_ Phone #s S / Z - 6 9-6 --I )1 2- E -mail address In Favor /C,/j /eyies vnA, Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes JY If so, please give a copy to the Recording Secretary for the record. No SUBMIT .COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject: a 6 re(. Name M �� (j/ e, (Jov Date: ` /)411 Address 211014S " Z. ' j a -4w. Phone #s 9'20 6-82.Laq b E-mail address p k,&Q I Y e.flYYLct't( • C-0inn In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Il. No SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject:rC.6(at "" AIM (.k SPL.,. cuc Name Address S a rw-, -0 24. S Date: I 30 1 (04 8 Li to e 5 � L- -t"-- � C 0 q--7-70( Phone #s 5 Lt 1 (133-3°7S1 E-mail address In Favor ,Sccrr.k clotki(uss 'i -C Pie ma-; (. C Neutral/Undecided fg Opposed Submitting written documents as part of testimony? 1Yes If so, please give a copy to the Recording Secretary for the record. No SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS Dear Commissioners, My name is Sarah Douglass, I live at 64846 Casa Ct, Bend, just a few hundred yards from where my neighbor Valerie Peterson was killed on January 16th by another neighbor, Joanna Kasner. I am here to urge you to fulfill your oath of office and support state gun violence prevention laws. Please do not consider passing the "Second Amendment Sanctuary Ordinance," which would nullify these potentially life saving law in Deschutes County. Instead, we should be focusing on how citizens can use the current laws to better protect themselves. I'd like to draw particular attention to the importance of Extreme Risk Protection Orders. The Extreme Risk Protection Order (ERPO) Law was passed in Oregon last year. The question I keep asking myself is, If Joanna Kasner's husband had been granted one...would Valerie still be with us?? The Extreme Risk Protection order is a court order that prevents a person who is at risk of hurting another person or of committing suicide from having or getting deadly weapons, including firearms. Respondents who are subject to these orders must give their weapons to a law enforcement agency, gun dealer, or someone else who can lawfully hold them within 24 hours. Any family member, household member, or intimate partner can apply for an ERPO. Law enforcement officers can also apply. A judge will decide if Respondent is at risk in the near future of committing suicide or harming another person. The judge will consider any information that is reliable, including a statement by Respondent. If granted by Judges and enforced by law enforcement agencies, these orders could potentially prevent school shootings, suicides, and other tragedies that happen when an unstable person with firearms makes threats against others -- like the one that happened in my neighborhood. Please do not consider any ordinance that would prevent me, my neighbors, and our community for protecting ourselves. Additionally, I urge you to ensure that County law enforcement is aware of of the ERPO law and informing citizens who express concerns for their safety due to threats of violence about this potentially life saving protective order. In closing, I would like to say that it is the job of the judicial branch of our government to decide about the constitutionality of established law. I believe this ordinance, which would allow the county make those determinations, would be a waste of our public resources t as it would subject the county to costly litigation when the ordinance is challenged in court. Thank you. Sarah Douglass DATE: SUBJECT: 1 I ge)/l9 BOARD OF COMMISSIONERS PUBLIC COMMENT REQUEST TO SPEAK &rid aRa ,,u.cytn/azds NAME (please print): ADDRESS: 7-g- klep.hu 62y/C7 iu/ua 4/7LS (i? DAg4vJ DI- 977.r• PHONE: 67l y& G �3 EMAIL: A e/' 5 eUrYl ifyou plan to submit written documents as a part of your testimony, please give a copy to the Board's Clerk so that they can be included as part of the record. If you're providing testimony related to a public hearing, please complete the following section: 0 IN FAVOR 0 NEUTRAL / UNDECIDED 0 OPPOSED Please submit your completed form to the Recording Secretary before the meeting begins 'CES 0 BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject: or No r1i ivrAi )1 \t i Name (1-..e yr Address ( Ch Of- ' 0 a 4-0"10 Date: 0 )i Phone #s i— 2 -Pc) ' E-mail address aiP.AP iv—V\ (t2, er (,/k, LC I, 1/"\r% In Favor Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. N2 Opposed SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS BOARD OF COMMISSIONERS PUBLIC COMMENT REQUEST TO SPEAK DATE: /j 30 G l q SUBJECT: -e n1 I VlC C� l�`"G�l 4 �l C J NAME (please print): ZA N D R 4 BRANT-- 2394 RAN%- 2394 J).w. io dd.5 L�+ rDb, ADDRESS: tri7D PHONE: S-63 4/4 gioq EMAIL: ZGL If you pion to submit written documents as a part of your testimony, please give a copy to the Board's Clerk so that they can be included as part of the record. If you're providing testimony related to a public hearing, please complete the following section: 0 IN FAVOR 0 NEUTRAL / UNDECIDED 0 OPPOSED Please submit your completed form to the Recording Secretary before the meeting begins BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony < A1)0 opo ►v►Qv1 cam,.., Subject: -� ' Name 10(--iER- FE t Date: / �. 3O ) 9 Address 110 N) E. (224 Phone #s Cell() n-770) P.. 1-41,2'©_0S0 E-mail address O S*e r -re 1 I h C.,cfl/V In Favor Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed No SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject: �-i?.- Name 3Ps-p14.—C7 Date: Address ti Phone #s `l®, `t e; V - E-mail address 5c, _ esr� Q50,C:-.5 In Favor Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed .4' SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS Subject: Name BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Au/ rn 4\3 Date: Address Phone #sL. E-mail address ew -„cow In Favor Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed No SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS [sistersindivisible_steeringcommittee] Fwd: Ordinance comment From: Joshua Berger (josh@plazm.com) To: sistersindivisible_steeringcommittee@googlegroups.com Date: Monday, January 28, 2019, 3:35 PM PST thanks for the heads up on this susan - below is my comment - i will add this as an action to our next email. Begin forwarded message: From: Joshua Berger Subject: Ordinance comment Date: January 28, 2019 at 3:33:44 PM PST To: Phil.Henderson@deschutes.org, Patti.Adair@deschutes.org, Tony.DeBone@deschutes.org Greetings Deschutes County Commissioners My understanding after reading the article (link below) in the Bend Bulletin is that an ordinance is currently under consideration by the county to opt out of enforcing state and federal gun violence prevention laws, thereby nullifying them in Deschutes County. If enacted, the county could decide not to enforce background checks, red flag laws, and other life saving legislation. The new proposed ordinance lacks the requirement that a sheriff determine which laws are acceptable, which is included in recently passed ordinances in other Oregon counties. Instead, it broadly defines local, state and federal gun control regulations as "extraterritorial acts." This is unacceptable. I am not sure what problem this ordinance is trying to solve. Please let me know. I am open-minded and of course support all constitutional rights—from the second amendment to the right to life, liberty and the pursuit of happiness. On the surface I think this ordinance would drastically impinge on my constitutional rights to "life, liberty, and the pursuit of happiness." How can I have those things when my kids are doing active shooter drills in our schools? Violence is at an epidemic level across the nation. Let us lead with sensible, common sense firearm safety laws here in Oregon and Deschutes county. I am opposed to this ordinance. If the commission still believes that this ordinance should be considered, put it on the ballot and let's vote on it in the next election. Thank you for your consideration. Best Josh josh berger 14443 crossroads loop sisters oregon 97759 [sistersindivisible_steeringcommittee] Fwd: Ordinance comment From: Joshua Berger (josh@plazm.com) To: sistersindivisible_steeringcommittee@googlegroups.com Date: Monday, January 28, 2019, 3:35 PM PST thanks for the heads up on this susan - below is my comment - i will add this as an action to our next email. Begin forwarded message: From: Joshua Berger Subject: Ordinance comment Date: January 28, 2019 at 3:33:44 PM PST To: Phil. Henderson@deschutes.org, Patti.Adair@deschutes.org, Tony.DeBone@deschutes.org Greetings Deschutes County Commissioners My understanding after reading the article (link below) in the Bend Bulletin is that an ordinance is currently under consideration by the county to opt out of enforcing state and federal gun violence prevention laws, thereby nullifying them in Deschutes County. If enacted, the county could decide not to enforce background checks, red flag laws, and other life saving legislation. The new proposed ordinance lacks the requirement that a sheriff determine which laws are acceptable, which is included in recently passed ordinances in other Oregon counties. Instead, it broadly defines local, state and federal gun control regulations as "extraterritorial acts." This is unacceptable. I am not sure what problem this ordinance is trying to solve. Please let me know. I am open-minded and of course support all constitutional rights—from the second amendment to the right to life, liberty and the pursuit of happiness. On the surface I think this ordinance would drastically impinge on my constitutional rights to "life, liberty, and the pursuit of happiness." How can I have those things when my kids are doing active shooter drills in our schools? Violence is at an epidemic level across the nation. Let us lead with sensible, common sense firearm safety laws here in Oregon and Deschutes county. I am opposed to this ordinance. If the commission still believes that this ordinance should be considered, put it on the ballot and let's vote on it in the next election. Thank you for your consideration. Best Josh josh berger 14443 crossroads loop sisters oregon 97759 [sistersindivisible_steeringcommittee] Fwd: Ordinance comment From: Joshua Berger (josh@plazm.com) To: sistersindivisible_steeringcommittee@googlegroups.com Date: Monday, January 28, 2019, 3:35 PM PST thanks for the heads up on this susan - below is my comment - i will add this as an action to our next email. Begin forwarded message: From: Joshua Berger Subject: Ordinance comment Date: January 28, 2019 at 3:33:44 PM PST To: Phil. Henderson@deschutes.org, Patti.Adair@deschutes.org, Tony.DeBone@deschutes.org Greetings Deschutes County Commissioners My understanding after reading the article (link below) in the Bend Bulletin is that an ordinance is currently under consideration by the county to opt out of enforcing state and federal gun violence prevention laws, thereby nullifying them in Deschutes County. If enacted, the county could decide not to enforce background checks, red flag laws, and other life saving legislation. The new proposed ordinance lacks the requirement that a sheriff determine which laws are acceptable, which is included in recently passed ordinances in other Oregon counties. Instead, it broadly defines local, state and federal gun control regulations as "extraterritorial acts." This is unacceptable. I am not sure what problem this ordinance is trying to solve. Please let me know. I am open-minded and of course support all constitutional rights—from the second amendment to the right to life, liberty and the pursuit of happiness. On the surface I think this ordinance would drastically impinge on my constitutional rights to "life, liberty, and the pursuit of happiness." How can I have those things when my kids are doing active shooter drills in our schools? Violence is at an epidemic level across the nation. Let us lead with sensible, common sense firearm safety laws here in Oregon and Deschutes county. I am opposed to this ordinance. If the commission still believes that this ordinance should be considered, put it on the ballot and let's vote on it in the next election. Thank you for your consideration. Best Josh josh berger 14443 crossroads loop sisters oregon 97759 DATE: / -30 "a2(.1 / 9 BOARD OF COMMISSIONERS PUBLIC COMMENT REQUEST TO SPEAK SUBJECT: 60 S if i-nb6r 174) 116_,L NAME (please print): ADDRESS: ,,26 a 3( SJar t c/ (I 60n6-1, O%L- 9770 PHONE: 5G%/_'62/3"(.P73 EMAIL: k oL do3 ‘ninYYI &L -f' (V If you plan to submit written documents as a part of your testimony, please give a copy to the Board's Clerk so that they can be included as part of the record. If you're providing testimony related to a public hearing, please complete the following section: 0 IN FAVOR 0 NEUTRAL / UNDECIDED OPPOSED Please submit your completed form to the Recording Secretary before the meeting begins Subject: Name BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony �,F`✓t ��,, .. 4 /1 ° _ Date: / - 0- /q 1 , Address 1C-310 AI& cc cAcf0 ..�, �,�.�'- 77o Phone #s al (r ) ESO 37 E-mail address In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject: 45( i Name )Q.si.riA & Address U;1. SV 1i► v, (A. C-Q/c-vvt-61^3L Date: Phone #s ( Lib (AU t E-mail address 34orati )41)?Ad( Vff\ In Favor Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed No SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject:1' Name / r z y b cue Date: .3 Address //0,),-0 /)2 -r q -7-7D3 Phone#s z:-/ Pt- <ex_g,09? E-mail address 0 64 In -Favor Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. No SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject:Possrblt Coq,/ ho rrr► 51-41? GN4 co/11(01k Date: /141 Name A'aT vrrsft4 Address ffl Z I'V U/s/i( /qyc Cr al e gc,t Oi 922 -$ Phone #s 3J9 - Z 77 E-mail address fat,) 4 e. &e h ea t < Cvi In Favor Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed No SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject: v" � Date: i P-30 Name Address '10'4 M moi5 -at_Q1,44,0A - Phone #s L "v 9 6--„l E-mail address (4r(9 C o 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 BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony t)(. -/ V\ (C\ �� ibT�'SubJ'ect: � S Y �t' ?5i' (� �VGta. Date: Name YDS C G ✓ Address Lt le N E Co trtM c,Vt (' CA v+--( Phone #s 11-5 . 14 E-mail address ✓6 S 1 ?Aa 1 1• ('G/\_1 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 Subject: Name BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony (S,tea.. Date: _44/_, Address 1") 4 Phone #s (541) 0 2 --GO E-mail address V un c a.ke .l iiirt4Cvne In Favor Neutral/Undecided 17,1, 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 Subject: Name Address BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Caticl Lyn 'R‘ck \A\ 1 SJ a1 { 6 l .Ca Cu_ lv\.\ Ani qq C) + c 41. _ Date: )1 6I i°7 Phone #s E-mail address In Favor e-1 1 e e y`\ 4rp our C -- 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 BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject: Date: Name (6,,N--"( N C Address \\ 77 (7nC1 0 o C Phone #s (It) C1 Lf` i (2 --- E-mail addres6" ionOe tSxiNa In Favor Neutral/Undecided 1-7\ Opposed Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. No SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony !)-52� 1 t.� �/1/�Q, (0 Coo Date. Subject: Name '1. - Address Phone #s E-mail address In Favor Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. 1+0 fj Opposed No SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Business Meeting of January 30, 2019 DATE: January 23, 2019 FROM: Peter Russell, Community Development, 541-383-6718 TITLE OF AGENDA ITEM: PUBLIC HEARING: Text Amendment to DCC 17.16.105 Regarding Access Requirements to Subdivisions RECOMMENDATION & ACTION REQUESTED: Receive public testimony BACKGROUND AND POLICY IMPLICATIONS: The Board no longer accepts roads into the County -maintained system per Resolution 2006- 049 and its successor, Resolution 2009-118. Deschutes County Code (DCC) 17.16.105 requires access to subdivisions either be directly by a County arterial or collector or indirectly through a road that connects to a County arterial or collector. In the latter case, County code requires the road providing indirect access has been accepted for maintenance purposes. Following Board Resolutions 2006-049 and 2009-049, the practice of the Planning Division when reviewing land use applications has been to find a homeowners association, special road district, or other entity would satisfy the road maintenance requirement of DCC 17.16.105. The proposed text amendment would codify current planning practice. The Planning Commission held a work session on file 247 -18 -000872 -TA on Nov. 29 and a public hearing on December 13, 2018. No public testimony was presented. The PC closed the hearing and deliberated the same night, unanimously recommending the Board approve the text amendment as submitted. The Board held a work session on January 23, 2019. FISCAL IMPLICATIONS: None as no roads would be added to the County -maintained system. Instead, road maintenance would be the responsibility of the subdivision's residents. ATTENDANCE: Peter Russell, Senior Transportation Planner, CDD. MEMORANDUM COMMUNITY DEVELOPMENT DATE: January 23, 2019 TO: Board of County Commissioners FROM: Peter Russell, Senior Transportation Planner RE: January 30 public hearing on amending Deschutes County Code (DCC) 17.16.105 regarding access requirements to subdivisions The Community Development Department (CDD) has initiated a text amendment (247 -18- 000872 -TA) to ensure Planning Division practice is consistent with Board Resolution 2009- 118, which guides whether to accept new arterials or collectors into the County -maintained road system. The proposed language codifies existing Planning practice. BACKGROUND The Road Department requested CDD begin a text amendment to Title 17, specifically Deschutes County Code (DCC) 17.16.105, which deals with access to subdivisions. The County currently does not accept roads into the County -maintained system pursuant to Board Resolution 2009-118. This resolution does give the Board discretion to accept new arterials and collectors into the County maintained system. Its predecessor, Res. 2006-049, allowed no new roads, regardless of classification, to be accepted into the County - maintained system. Staff held a work session with the Planning Commission on November 29 and held a public hearing with the PC on December 13, 2018. No one testified either in writing or orally at the hearing. The PC closed the hearing that night, deliberated, and recommended unanimously that the Board approve the text amendment as proposed. The Board held a work session on January 23, 2019. CURRENT AND PROPOSED LANGUAGE Below is the current language of DCC 17.16.105: 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 (541) 388-6575 @cdd@deschutes.org 4? www.deschutes.org/cd "No proposed subdivision shall be approved unless it would be accessed by roads constructed to County standards and by roads accepted for maintenance responsibility by a unit of local or state government. This standard is met if the subdivision would have direct access to an improved collector or arterial or in cases where the subdivision has no direct access to such a collector or arterial, by demonstrating that the road accessing the subdivision from a collector or arterial meets relevant County standards and has been accepted for maintenance purposes." Note the last sentence in DCC 17.16.105 reads "...the road accessing the subdivision from a collector or arterial meets relevant County standards and has been accepted for maintenance purposes." (Emphasis added.) DCC 17.16.105 was never amended to be consistent with Board Resolutions 2006-049 or 2009-118. Current planning practice has been to approve subdivisions if the road were built to County standards and operated/maintained by a special road district or a homeowners' association or subject to a similar maintenance agreement pursuant to DCC 17.16.040. The text amendment would align current planning practice with the BOCC policy of not accepting new roads by adding language to DCC 17.16.105 specifying additional road maintenance entities (road districts, HOAs, etc.) are acceptable maintenance authorities when determining access requirements for a subdivision. The text amendment will ensure planning practice is consistent with BOCC Resolution 2009- 118. Without such language, subdivisions that do not use County -maintained roads for access may not meet approval criteria. Here is the proposed language with deletions shown as strikethrough and additions shown with underline: "No proposed subdivision shall be approved unless it would be accessed by roads constructed to County standards and by roads under one of the following conditions: A. Public roads with maintenance responsibility accepted for rnaintenance responsibility by a unit of local or state government or assigned to landowners or homeowners association by covenant or agreement; or B. Private roads, as permitted by DCC Title 18, with maintenance responsibility assigned to landowners or homeowners Page 2 of 3 associations by covenant or agreement pursuant to ORS 105.175. C. This standard is met if the subdivision would have direct access to an improved collector or arterial or in cases where the subdivision has no direct access to such a collector or arterial, by demonstrating that the road accessing the subdivision from a collector or arterial meets relevant County standards and that maintenance responsibility for the roads has been assigned as required by this section. has been accepted for maintenance purposes." NEXT STEPS: Board will open the public hearing on January 30, 2019 and has several options, presented in order of priority: • Continue the hearing to a date certain • Close the oral record, but leave the written record open to a date certain • Close both the oral and written record and set a date certain for deliberations • Close both the oral and written record and begin deliberations Staff is available to answer any questions. Page 3of3 COMiMUiiiITY DEWELO FINDINGS TO AMEND DESCHUTES COUNTY CODE 17.16.105 (Access to Subdivisions) I. Background Deschutes County historically has required subdivisions to be 1) accessed by roads built to County standards and 2) by roads accepted for maintenance by a unit of local or state government. The Road Department is responsible for the maintenance and operations of public roads accepted into the County -maintained system. As much of Deschutes County is in federal ownership, which cannot be taxed, the federal government has shared timber revenues with Oregon counties since 1908. Federal law required 25 percent of timber harvest receipts from federal lands be shared with counties. With the decline of timber harvests in the early 1990s, those revenues dropped steeply. To offset that loss, Congress passed the Secure Rural Schools (SRS) and Community Self -Determination Act of 2000. The program was designed to reduce federal payouts over time before expiring. As that program began to phase out, the Road Department's budget began to suffer since SRS funding was almost a third of the Road Department's budgeted revenue. The Board found the declining loss of federal revenue meant the Road Department could find it challenging to adequately maintain the County road system, let alone add mileage to the County -maintained system. The Board passed a moratorium (Board Resolution 2006-049) stating the County would no longer accept roads into the County - maintained system until adequate replacement funding was found. The Board modified the moratorium (Board Resolution 2009-118) to give the Board discretion to accept arterials and collectors into the system of County -maintained roads. Proposed Board Ordinance 2019 -XXX will amend the text of DCC 17.16.105 to reflect the Board's moratorium on roads being accepted into the County -maintained system and how Planning has been addressing the issue in findings for rural subdivisions. II. Current Deschutes County Practice for Findings for DCC 17.16.105 Below is the existing language of DCC 17.16.105 regarding access to subdivisions in the rural county and/or unincorporated communities. "No proposed subdivision shall be approved unless it would be accessed by roads constructed to County standards and by roads accepted for maintenance responsibility by a unit of local or state government. This standard is met if the subdivision would have direct access to an improved collector or arterial or in cases where the subdivision has no direct access to such a collector or arterial, by demonstrating that the road accessing the subdivision from a collector or arterial meets relevant County standards and has been accepted for maintenance purposes." Note the last sentence in DCC 17.16.105 reads "...the road accessing the subdivision from a collector or arterial meets relevant County standards and has been accepted for maintenance purposes." (Emphasis added.) DCC 17.16.105 was never amended to be consistent with Board Resolutions 2006-049 or 2009-118, both of which precluded the County from accepting roads into the maintained system, although the latter gave the Board discretion for arterials and collectors. Current planning practice has been to approve subdivisions if the access road were built to County standards and operated/maintained by a special road district or a homeowners' association or subject to a similar maintenance agreement pursuant to DCC 17.16.040.1 The text amendment would align and codify current Planning practice with the Board policy of not accepting new roads by adding language to DCC 17.16.105 specifying what entities are acceptable road maintenance authorities when determining access requirements for a subdivision. III. Proposed amendment to DCC 17.16.105 To be consistent with both the road moratorium, which has been in existence since 2006, and County practice when approving rural subdivisions, the following language is proposed. Text to be deleted is shown as strikethrough and language to be added is shown as underlined. "No proposed subdivision shall be approved unless it would be accessed by roads constructed to County standards and by roads under one of the following conditions: 1 DCC 17.16.040: "Landowner covenants, conditions, and restrictions and homeowner association agreements are not relevant to approval of subdivisions and partitions under DCC Title 17, unless otherwise determined by the County to carry out certain conditions of approval, such as road maintenance or open space preservation. Any provisions in such agreements not in conformance with the provisions of DCC Title 17 or applicable zoning ordinances are void." 247 -18 -000872 -TA (Amend DCC 17.16.105) Page 2 of 12 A. Public roads with maintenance responsibility accepted for maintenance responsibility by a unit of local or state government or assigned to landowners or homeowners association by covenant or agreement, or B. Private roads, as permitted by DCC Title 18, with maintenance responsibility assigned to landowners or homeowners associations by covenant or agreement pursuant to ORS 105.175. C. This standard is met if the subdivision would have direct access to an improved collector or arterial or in cases where the subdivision has no direct access to such a collector or arterial, by demonstrating that the road accessing the subdivision from a collector or arterial meets relevant County standards and that maintenance responsibility for the roads have been assigned as required by this section. has been accepted for maintenance purposes." IV. Review Criteria Board Ordinance 2019 -XXX amends DCC 17.16.105. Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative amendment. Nonetheless, Deschutes County is initiating this text amendment and bears the responsibility for demonstrating the amendment complies with Deschutes County Title 22, Development Procedures Ordinance; Statewide Planning Goals, Oregon Revised Statutes (ORS), Oregon Administrative Rules (OAR), the Deschutes County Comprehensive Plan, and Deschutes County Transportation System Plan (TSP). The findings are organized as follows: • Section 1 - DCC Title 22, Chapter 22.12, Legislative Procedures • Section 2 - Statewide Planning Goals • Section 3 - Oregon Revised Statutes • Section 4 - Oregon Administrative Rules • Section 5 - Deschutes County Comprehensive Plan • Section 6 - Deschutes County Transportation System Plan Section 1, DCC Title 22, Chapter 22.12, Legislative Procedures 22.12.010. Hearing Required 247 -18 -000872 -TA (Amend DCC 17.16.105) Page 3 of 12 No legislative change shall be adopted without review by the Planning Commission and a public hearing before the Board of County Commissioners. Public hearings before the Planning Commission shall be set at the Discretion of the Planning Director, unless otherwise required by state law. FINDING: Staff will hold a work session with the Planning Commission (PC) on November 29 prior to the December 13 public hearing, which is the first evidentiary hearing. The PC will then make a recommendation to the Board, which will have its own work session and public hearing in 2019. This complies with DCC 22.12.010. 22.12.020. Notice A. Published Notice 1. Notice of a legislative change shall be published in a newspaper of general circulation in the county at least 10 days prior to each public hearing. 2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. B. Post Notice. Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. C. Individual Notice. Individual notice to property owners, as defined in DCC 22.08.010(A), shall be provided at the discretion of the Planning Director, except as required by ORS 215.503. D. Media Notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. FINDING: Staff will publish notice with the required information in the Bend Bulletin on the Sunday that is at least 10 days prior to the December 13 PC public hearing. Staff will coordinate with the County public information officer for distribution of a press release to the media. This complies with DCC 22.12.020. 22.12.030. Initiation of Legislative Changes A legislative change may be initiated by application of individuals upon payment of required fees as well as by the Board of Commissioners or the Planning Commission. FINDING: The text amendment was initiated by the Planning Division at the request of the Road Department following a work session with the Board on September 13, 2017. At that time the Board directed staff to pursue a text amendment. This complies with DCC 22.12.030. 247 -18 -000872 -TA (Amend DCC 17.16.105) Page 4 of 12 22.12.040. Hearings Body A. The following shall serve as hearings or review body for legislative changes in this order: 1. The Planning Commission. 2. The Board of County Commissioners. B. Any legislative change initiated by the Board of County Commissioners shall be reviewed by the Planning Commission prior to action being taken by the Board of Commissioners. FINDING: The PC public hearing will precede the Board's. This sequence complies with DCC 22.12.040. 22.12.050. Final Decision All legislative changes shall be adopted by ordinance. FINDING: These findings will become an exhibit to the implementing ordinance, which is 2019 -XXX. This complies with DCC 22.12.050. 22.12.060. Corrections The County's comprehensive plan and zoning ordinances, subdivision ordinance, and development procedures may be corrected by order of the Board of County Commissioners to cure editorial and clerical errors. FINDING: The amendment for DCC 17.16.105 does not pertain to an editorial or clerical error, therefore this section is not applicable. Section 2, Statewide Planning Goals Goal 1, Citizen Involvement FINDING: The text amendment will include workshops before both the PC and the Board, which the public could attend. The text amendment will also include publically noticed public hearings before the PC and Board. This criterion has been met. Goal 2, Land Use Planning FINDING: Oregon Revised Statute (ORS) 197.610 allows local governments to initiate post acknowledgement plan amendments or changes to land use regulations. The County on November 7, 2018, provided the Department of Land Conservation and Development (DLCD) with the required notice 35 days prior to the first evidentiary 247 -18 -000872 -TA (Amend DCC 17.16.105) Page 5 of 12 hearing, which will be held on December 13, 2018. The notice included the proposed changes with additions indicated by underlined text and text to be eliminated indicated by strikethrough text. The text amendment was processed via the County's development code procedures set forth in Title 22, Chapter 22.12 for legislative amendments. This criterion has been met. Goal 3, Agricultural Lands FINDING: The text amendment is not proposing any changes to land use designations. Additionally, residential subdivisions are not allowed on lands zone for agriculture. This criterion has been met. Goal 4, Forest Lands FINDING: The text amendment is not proposing any changes to land use designations. Additionally, residential subdivisions are not allowed on lands zoned for forest. This criterion has been met. Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces FINDING: The text amendment is neither proposing any changes to land use designations nor proposing any changes to previously designated Goal 5 resources. This criterion has been met. Goal 6, Air, Water and Land Resource Quality FINDING: No development or land use changes are being proposed that impact air, water, or land resource qualities. Other areas of the County's code deal with protecting air, water, and land remain in full force and effect. This criterion has been met. Goal 7, Natural Hazards FINDING: The County's Comprehensive Plan identifies the dominant natural hazards as wildfire, winter storms, and flooding. The text amendment leaves County building codes and planning setbacks untouched, which are the planning mechanisms which the County uses to ameliorate natural hazards. This criterion has been met. Goal 8, Recreational Needs FINDING: The text amendment does not change the uses allowed in the EFU, F-1, or F- 2 zones, some of which are recreational. This criterion has been met. 247 -18 -000872 -TA (Amend DCC 17.16.105) Page 6 of 12 Goal 9, Economic Development FINDING: The text amendment still allows properties to develop as allowed under their zoning. Any residential subdivision will be assured that roads that provide access will be built and maintained to County standards, whether public or private. This criterion has been met. Goal 10, Housing FINDING: This goal pertains to urban or urbanizable lands. The proposed text amendment will not result in any changes or elimination of residentially zoned lands in the County. Any residential subdivision will be assured that roads that provide access will be built and maintained to County standards, whether public or private. This will result in a pattern of orderly development. Finally, unincorporated areas, unlike municipalities, are not obligated to fulfill Goal 10 housing requirements. This criterion has been met. Goal 11, Public Facilities and Services FINDING: This goal pertains more to water and sewer services. Nevertheless, any residential subdivision will be assured that roads that provide access will be built and maintained to County standards, whether public or private. This criterion has been met. Goal 12, Transportation FINDING: The text amendment will not change the functional classification, performance standards, or access management of any highways or roads. Any residential subdivision will be assured that roads that provide access will be built and maintained to County standards, whether public or private. This criterion has been met. Goal 13, Energy Conservation FINDING: This text amendment does not affect the County's regulation of solar setbacks, siting of small-scale windmills, land use or density, etc. This criterion has been met. Goal 14, Urbanization FINDING: No land use plan designations, zoning designations, or map changes will result from this text amendment. Any residential subdivision will be assured that roads 247 -18 -000872 -TA (Amend DCC 17.16.105) Page 7 of 12 that provide access will be built and maintained to County standards, whether public or private. This criterion has been met. Goals 15-19 FINDING: These criteria do not apply as the County lacks these lands (Willamette Greenway, estuaries, coasts, beaches, etc.). Section 3, Oregon Revised Statutes ORS 197.610 establishes rules for submission of post -acknowledgement plan amendments and land use regulations to the Department of Land Conservation and Development (DLCD). These include the text of the proposed changes, explanatory narrative, staff report, required form, and timelines to get all materials to the agency prior to the first evidentiary hearing. FINDING: Staff by this memo has provided the required materials and submitted them in compliance with the 35 -day prior notice timeline. Notice was sent electronically to DLCD on November 7, 2018, which was more than 35 days previous to the first evidentiary on December 13, 2018. This criterion has been met. Section 4, Oregon Administrative Rule OAR 660-012-0060, aka the Transportation Planning Rule (TPR), applies to plan amendments and land use regulations and defines significant effect. The text amendment will not change the functional classification of any existing or planned transportation facilities, change access requirements, or degrade the performance of an existing or planned transportation facility. Therefore the text amendment has no significant effect and thus complies with the TPR. This criterion has been met. Section 5, Deschutes County Comprehensive Plan Chapter 1, Comprehensive Planning Section 1.3 Land Use Planning Policies Goal 1 Maintain an open public land use process in which decisions are based on the objective valuation of facts. 247 -18 -000872 -TA (Amend DCC 17.16.105) Page 8 of 12 Policy 1.3.3 Involve the public when amending County Code FINDING: The County discussed amending Chapter 17.16.105 at a publicly noticed work session with the Board, then will hold public hearings before both the Planning Commission and the Board. The public can provide oral or written testimony or both at these publicly noticed hearings. The text amendment is consistent with the Comprehensive Plan. Chapter 3, Rural Growth Management Section 3.3 Rural Housing Policies Goal 1 Maintain the rural character and safety of housing in unincorporated Deschutes County. Policy 3.3.4 Encourage new subdivisions to incorporate alternative development patterns, such as cluster development, that mitigate community and environmental impacts. FINDING: By ensuring roads accessing subdivisions are maintained by private entities such as special road districts, homeowners associations, or codes, covenants and restrictions (CC&Rs), the potential environmental impacts of a road would be mitigated. The entity maintaining the road will have maintenance procedures and protocols. The text amendment is consistent with the Comprehensive Plan. Section 3.6 Public Facilities and Services Policies Goal 1 Support the orderly, efficient, and cost-effective siting of rural public facilities and services. Policy 3.6.1 Encourage the formation of special service districts to serve rural needs rather than have the County serve those needs. Policy 3.6.2 Encourage early planning and acquisition of sites needed for public facilities, such as roads, water and wastewater facilities. Policy 3.6.9 New development shall address impacts on existing facilities and plans through the land use entitlement process. Policy 3.6.14 Guide the location and design of rural development so as to minimize the public costs of facilities and services. 247 -18 -000872 -TA (Amend DCC 17.16.105) Page 9 of 12 FINDING: The text amendment will allow special road districts, homeowners associations, or similar entities to operate and maintain roads accessing subdivisions. Subdivisions go through the County's land use entitlement process, which would include the location and design of the roads. Subdivisions are also required to assess their traffic impacts under DCC 18.116.310. The public costs will be minimized by having special road districts, homeowners associations, or similar entities operate and maintain the roads accessing the subdivision. The text amendment is consistent with the Comprehensive Plan. Section 6, Deschutes County Transportation System Plan Chapter 5, Planned Improvements and Policies 5.2 Coordination and Implementation of the TSP Goal 1 Achieve an efficient, safe, convenient and economically viable transportation and communication system. This system includes roads, rail lines, public transit, air, pipeline, pedestrian and bicycle facilities. The Deschutes County transportation system shall be designed to serve the existing and projected needs of the unincorporated communities and rural areas within the County. The system shall provide connections between different modes of transportation to reduce reliance on any one mode. Policy 1.1 Deschutes County shall protect approved or proposed transportation project sites through: a. Access control measures; b. Review of future large development and transportation projects that significantly affect the County's transportation system; c. Requirement of conditions of approval on developments and transportation projects that have a significant effect on the County's transportation system; d. Collection of transportation System Development Charges (SDCs) for approved land uses a prescribed under BOCC Resolution 2008-059. FINDING: Subdivisions are reviewed under DCC 17.16 and are required to assess their traffic under 17.16.115 which references the County's transportation study requirements at DCC 18.116.310. The text amendment will not change this. The approval of subdivisions require as a condition of approval that under 17.16.105 the roads meet County standards and be maintained by either a unit of local or state government. The proposed language ensures other identified entities can operate and 247 -18 -000872 -TA (Amend DCC 17.16.105) Page 10 of 12 maintain the roads that provide access to the subdivision, thus protecting transportation project sites. The text amendment is consistent with the TSP. 5.3 Arterial and Collector Road Plan Goal 4 Establish a transportation system, supportive of a geographically distributed and diversified economic base, while also providing a safe, efficient network for residential mobility and tourism. Policy 4.1 Deschutes County shall: a. Consider the road network to be the most important and valuable component of the transportation system; and b. Consider the preservation and maintenance and repair of the County road network to be vital to the continued and future utility of the County's transportation system. FINDING: The text amendment will ensure the County's road network has a mechanism to ensure the roads are adequately maintained. While all County roads are public roads, not all public roads are County -maintained. Existing arterials and collectors are in the County -maintained system. The text amendment ensures any future arterials and collectors would be maintained by an identified entity, which may be the County or a special road district, homeowners association or similar agent. The text amendment guarantees the preservation, maintenance, and repair of the County road network. The text amendment is consistent with the TSP. Policy 4.2 Deschutes County shall not add any miles of new arterials or collectors to the County road system unless the following issues are satisfied: a. The need for the road can clearly be demonstrated; b. The County can financially absorb the additional maintenance requirements; c. The condition of the road proposed for acceptance into the County system must meet County road standards; d. An accrued benefit can be shown to the County's economic growth: e. The Board determines there have been adequate replacement revenues to offset the loss of timber payments from the federal program; f. An overall increase in the efficiency of the County road network can be demonstrated. FINDING: The text amendment formally codifies past County planning practices to be consistent with the road moratorium. Typically, arterials and collectors are County - maintained but the text amendment provides an avenue to have a future arterial or 247 -18 -000872 -TA (Amend DCC 17.16.105) Page 11 of 12 collector to be maintained by an entity other than the Road Department. The text amendment is consistent with the TSP. Conclusion The text amendment was processed in accordance with DCC 22.12, Legislative Changes, and the proposed language is consistent with applicable ORSs, OARs, the Comprehensive Plan, and the TSP. 247 -18 -000872 -TA (Amend DCC 17.16.105) Page 12 of 12 ISEEN -ar* -1 O IZ r•t -I v N -I o s S -a (D = = n 0; IZ (D (D (D n N _ (D co fD n N = N' r+ 75 v O v vs Ei Q) CD "' ,y o 3 a N �_- o rf Oc N rt 0 0 n s c N (D _S -< n Cr n. 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''030‘,6),.5•AL iaew-(y ed Opposed No A.4)_()Jt-ot cLoik3Lci omiGuKi4A-"iq ll/CoJ,n,r-k1 SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS P.Ueti— A,tnuLa( h Wo A I�Gh4Q,��^ i"os5' 470se, Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Business Meeting of January 30, 2019 DATE: January 24, 2019 FROM: Matthew Martin, Community Development, 541-330-4620 TITLE OF AGENDA ITEM: DELIBERATIONS: Waveseer Marijuana Production Appeal, 24350/24360 Dodds Road, Bend BACKGROUND: Waveseer of Oregon, LLC, applied for land use approval to establish marijuana production in the Exclusive Farm Use (EFU) at 24350/24360 Dodds Road, Bend. The proposed marijuana production consists of a maximum 10,000 square feet of mature marijuana plant canopy area and includes establishment of new structures for the use. On November 16, 2018, staff issued an administrative approval of the proposal. The approval was timely appealed and on December 19, 2018, the Board conducted a public hearing for the appeal. See attached staff memo for additional information. ATTENDANCE: Matthew Martin, Associate Planner COM UNITY DEVELOPMENT MEMORANDUM DATE: January 30, 2019 TO: Board of County Commissioners FROM: Matthew Martin, Associate Planner RE: Deliberations on an Appeal of Marijuana Production Approval (Land Use File Nos. 247-18-000127-AD/477-LR/877-LL/899-A) On January 30, 2019, the Board of County Commissioners (Board) will conduct deliberations on an appeal, filed by Kim McCready, in response to approval of a proposal to establish marijuana production submitted by Waveseer of Oregon, LLC. I. BACKGROUND Waveseer of Oregon, LLC, applied for land use approval to establish marijuana production in the Exclusive Farm Use (EFU) at 24350/24360 Dodds Road, Bend. The proposed marijuana production consists of a maximum 10,000 square feet of mature marijuana plant canopy area and includes establishment of new structures for the use. On November 16, 2018, staff issued an administrative approval of the proposal. The approval was timely appealed and on December 19, 2018, the Board conducted a public hearing for the appeal. At the conclusion of oral testimony, the Board established a deadline for each of the open record periods. The open record period ended January 15. The complete record for the project has been presented to the Board over several meetings. The following is a list of the meetings and materials provided at each: • November 28 work session': Record prior to the submittal of the notice of appeal. • December 19 business meetingz: Notice of appeal materials. • January 23 work session3: Remaining record including materials submitted since the provision of the meeting packet for the December 19 public hearing and the close of the post hearing open record period. ' 11/28/18 Board Work Session: http://deschutescountygr,igm2,com/Citizens/Detail Meeting.aspx?ID=1942 2 12/19/18 Board Business Meeting: http://deschutescountvor.igm2.com/Citizens/Detail Meeting.aspx?ID=1964 3 1/23/19 Board Work Session: http://deschutescountvor.igm2.com/Citizens/Detail Meeting.aspx?ID=2087 II. ISSUES RAISED A number of issues were raised during the land use process. On January 23, staff provided the Board a matrix that categorizes the issues raised, summaries testimony presented, provides staff comments, and identifies the Board decision points. The matrix is organized in three areas: • Identified Appeal Issues (green) - Issues directed at applicable review criteria. • Associated Issues (yellow) - Issues tangentially related but not directly tied to review criteria. • Other Issues (red) - Issues not associated with review criteria. III. NEXT STEPS The Board can continue their deliberations to a date certain or direct staff to draft a decision based on Board's direction from the deliberations. 247-18-000127-AD/477-L R/877 -L L/899 -A