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2019-128-Minutes for Meeting February 20,2019 Recorded 4/11/2019.. �y /� BOAR[ OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes County Nancy Blankenship, County Clerk CJ2019-128 Commissioners, Journal 04/11/2019 4:27:52 PM . , { 2019-128 FOR RECORDING STAMP ONLY 1:30 PM WEDNESDAY, February 20, 2019 ALLEN CONFERENCE ROOM Present were Commissioners Phil Henderson, Patti Adair, 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, staff and identified representatives of the media were in attendance. CALL TO ORDER: Chair Henderson called the meeting to order at 1:30 p.m. and noted the new process of assigning times to each agenda item. ACTION ITEMS 1. Q2 2019 Performance Measure Update Judith Ure, Management Analyst presented the second quarter performance measures. County Forester Ed Keith presented on the Natural Resources performance measure of heathy people and safe communities to maintain or increase the number of communities participating in the Firewise USA Program. The Firewise program engages residents in wildfire preparation. There are an approximate total of 25 Firewise communities in Deschutes County. BOCC WORK SESSION FEBRUARY 20, 2019 PAGE 1 OF 8 Commissioner Adair inquired on the biomass industry and accessing firewood in slash piles. Mr. Keith stated the wood in piles weren't planned for recovery but can work with the Forest Service for future projects. Commissioner Adair also inquired on evacuation routes for communities and how residents become aware of preferred routes. Mr. Keith noted a conversation with Emergency Manager Nathan Garibay and there is an evacuation signage program for neighborhoods. Commissioner DeBone attended the Oregon Department of Agriculture hearing last Friday to advocate for recovery timber usage for the trees that are being removed along Hwy 20 due to chemical impacts. Commissioner Adair noted McKenzie Canyon doesn't have a fire service and is unprotected. Mr. Keith noted there is a level of interest in forming a range land fire protection in her neighborhood. Chris Perry Manager 911 Operations reported on the safe communities goal to provide safe and secure communities through coordinated public safety services relative to meeting the 911 call answering standard established by the National Emergency Number Association by answering all 911 calls within 10 seconds and for high priority calls and obtain and input location and call nature within 30 seconds from the time the call was answered. Brian Hayward, Maintenance Supervisor Facilities presented information on the department's projects for preventative maintenance. Goals of replacing one to two roofs per year and currently working on the Health Services Courtney Building and Deschutes County Downtown Clinic buildings. Commissioner Adair inquired on the window replacement project at the Sheriff's Office. Mr. Hayward explained the Sheriff's Office operates independently and has its own maintenance staff. Wayne Lowry and Lacy Nichols Finance Department, Natalie Jones Human Resources Department and Melinda Campbell, Information Technology reported on MUNIS implementation relative to the payroll system. The new payroll system (Novatime platform) did go live in January of 2019. The Human Resources system includes training, staff benefit and position information, and employee self-service. The IT department worked on the process of integration of the electronic time sheets. Road Department Director Chris Doty presented on the performance measure of economic vitality to maintain a safe, efficient and sustainable BOCC WORK SESSION FEBRUARY 20, 2019 PAGE 2 OF 8 transportation system. Mr. Doty reported on the measurement index for pavement quality. 2. Wildfire Mitigation Standards Community Development Department staff Nick Lelack, Chris Gracia, Peter Gutowsky, and County Forester Ed Keith presented this item for discussion. Multiple fire agency representatives were also in the audience. Mr. Lelack presented the history of the changes in the state building and land use standards. Mr. Lelack noted several options that could be considered relative to the proposed amendments. Commissioner Henderson commented on the building codes division changes and inquired on the University of Oregon audit of county codes as mentioned in the staff report. Mr. Lelack explained the process of the audit project. Mr. Lelack asked for the Board's direction on the next steps regarding the wildfire mitigation standards. Commissioner Adair commented on the importance of the simple act of defensible space such as moving firewood away from structures and noting �g that DleSChutes C^vunty is in an fire prone area. Commissioner DeBone inquired if home owners aren't asking for safer building options during construction. Commissioner Henderson commented on the changes in building practices and suggested separating the building from the land use standards. Commissioner DeBone stated the community is ready for this discussion and recommends moving forward with the effort. Commissioner Adair expressed the importance of public safety and being aware of your surroundings. Commissioner DeBone explained the community is engaged in safety efforts. Mr. Lelack recommended a formation of a work group. Mr. Garcia also suggested creating a map. Mr. Keith noted the most recent version of the wildfire hazard zone map is approximately 20 years old and there are four criteria for creation of the map includes weather, slope, and fuel types and continuity. Commissioner Henderson opined the new building code will affect building prices and is concerned on the future of affordable housing. Commissioner Adair also pointed out the insurance companies may stop insuring homes if they are at high risk from wildfire. Commissioner DeBone supports the idea of a work group. Commissioner Henderson suggested a structure and BOCC WORK SESSION FEBRUARY 20, 2019 PAGE 3 OF 8 profile of representatives for the work group. Mr. Lelack will work with County Forester Ed Keith on the process for the framework of the group and membership structure. Mr. Keith recommended a presentation on recommendations and research when considering the building options. Mr. Gutowsky noted Deschutes County is viewed as a leader and our documentation will help the Board to choose a course of action and will also provide a reference for others. Commissioner Henderson commented more generally again on the costs of housing being driven up due to the costs associated with proposed and increased building standards. Mr. Lelack will prepare a project plan for the Board. Commissioner Henderson encouraged the fire agency representatives to participate in the work group and/or to contact the Commissioners directly with any input. 3. Work Center and Stabilization Center Findings Report Facilities Project Manager Dan Hopper presented the Findings report and reported on the construction manager / general contractor (CM/GC) process nrnnncol fnr tho nrniect. The findings rennrt \A/C prPntPrJ for N. . V. V. -J- aP consideration of approval by the Board. Commissioner Henderson expressed his concern of moving forward with the building process. Commissioner Henderson feels more partners should be involved in this project. Commissioner Henderson expressed his belief that the hospital should partner with the County, as he has heard is the case with other stabilization centers. Commissioner Henderson explained that the Board is doing site visits in other counties in the next few weeks. Commissioner DeBone supports the process of CM/GC for the crisis stabilization and sobering center. Commissioner DeBone also noted the importance of the public safety complex and suggested one additional improvement could be capacity to the kitchen and laundry area in the Sheriff's Office. Mr. Hopper noted the estimated cost has dropped to just under $1,000,000 (and below the initial projection of $1.6 million). Commissioner Henderson explained he likes the concept but it is not just up to the Health Department to design this and wants to continue with the site visits to operating stabilization centers. Commissioner Adair learned that from going to Marion County's facility it is a debate where it should be located and feels additional site visits should be completed prior to a decision. She gave an example that homeless people BOCC WORK SESSION FEBRUARY 20, 2019 PAGE 4 OF 8 don't like to be near law enforcement. Mr. Hopper noted the RFQ/RFP process can be placed on hold until the site visits are completed. Dr. George Conway was present and commented that the budget for the center has decreased and stated the Health Department visited approximately 10 facilities and previously reported the information to the Board. Dr. Conway recommended a work session discussion to include a report by Health Services detailing the information/assessments obtained during the previous site visits. Dr. Conway also suggested inviting Bend PD Chief Porter. Commissioner Henderson asked if St. Charles was invited to participate. Dr. Conway explained St. Charles is considering relocating certain services and discontinuing use of the Sageview building. Commissioner Henderson explained that communications on the details of that have not been shared with the Board. Commissioner DeBone supports the findings report. Commissioner Henderson is not in favor of approving until after the site visits are complete and wants to see more participation with the hospital. Commissioner Adair is also in favor of further research and wants to be frugal with what Deschutes County approves and she also agrees that Bend Police Department and St. Charles must be involved. Commissioner Henderson I Cp l t from Health at the next crhedl Marl :Msuppor*s a eprt �..,-ork session. 4. Solid Waste: Survey Options Public Information Officer Whitney Hale and Solid Waste Department Director Timm Schimke presented the follow-up information and reported on conversations with franchise operators. A third cut flyer could be included in the bills with Bend Garbage. A draft survey was presented. Commissioner DeBone would like to see a half dozen questions and wants to use this survey as a tool. The Board noted support of working with the franchisees. This survey was presented at the open house and several responses have been received and the majority have suggested shipping out the waste based on environmental considerations. BOCC WORK SESSION FEBRUARY 20, 2019 PAGE 5 OF 8 5. Draft joint BOCC -Planning Commission Meeting Agenda Community Development Director Nick Lelack presented the draft agenda. The joint planning commission meeting is scheduled for Thursday, February 28. Mr. Lelack has incorporated the Planning Commission recommendations. Commissioner Henderson would like a report on what projects the Planning Commission works on. County Administrator Anderson reported on the roles and responsibilities of the Planning Commission. Commissioner Adair noted there are important legislative hearings in Salem which conflict with the proposed date of February 28tH The Board directed that staff re -schedule the joint meeting for a date in March as it is necessary for the Commissioners to be at the Legislature on Feb 28t" RECESS: At the time of 4:13 p.m. the Board took a recess and the meeting was reconvened at 4:19 p.m. 6. Preparation for Public Hearing: Eastside Bend Plan Amendment and Zone Change Community Development Department Planner Nicole Mardell presented background on next week's Public Hearing to consider a request for a plan amendment and zone change for a 59.24 acre property to the east of the City of Bend as submitted by Eastside Bend, LLC. This portion of the meeting was audio recorded. 7. 2019 Legislative Priorities and Positions Continued Discussion Judith Ure, Management Analyst presented an updated version of the bill tracking list. The Board reviewed the bills that are of Deschutes County BOCC WORK SESSION FEBRUARY 20, 2019 PACE 6 OF 8 priority. Commissioners Henderson and DeBone will make phone calls reaching out to our legislators to ensure Deschutes County is on the list for consideration for Deschutes County top priority of an additional circuit court judge. This item will be continued on Friday. 8. Future Meeting Schedule Discussion - this item will be deferred to Friday's continued work session. OTHER ITEMS: • Commissioner Henderson noted that Project Manager Rick Allen has received the Trott Communications After Action Report and wants to know how best to engage the Board. Brief discussion on history of the P25 radio project. The Commissioners will each review the Trott report and then -,t y requests for additional infrOrmation/area of Inns ory communicate any , epu" , .,, a ..,,�, , u, „ .,�.., directly to Mr. Allen. COMMISSIONER UPDATES: None reported EXECUTIVE SESSION: At the time of 5:11 p.m., the Board went into Executive Session under ORS 192.660 (2) (h) Pending Litigation. The Board came out of Executive Session at 5:18 p.m. and directed staff to proceed as discussed. BOCC WORK SESSION FEBRUARY 20, 2019 PAGE 7 OF 8 `i; til. �... € _ r ;:^ . This meeting will be reconvened on Friday, February 22, 2019 at 9:00 a.m. in the Allen Conference Room. ATTEST: RECORDING SECRETARY ANTHONY DEBONE, COMMISSIONER BOCC WORK SESSION FEBRUARY 20, 2019 PAGE 8 OF 8 �vT ES CO o Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 PM, WEDNESDAY, FEBRUARY 20, 2019 Allen Conference Room - Deschutes Services Building, 2ND Floor - 1300 NW Wall Street - Bend Work Session, which are open to the public, allow the Board to gather information and give direction to staff. Public comment is not normally accepted. Written minutes are taken for the record Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or discussed. This notice does not limit the Board's ability to address other topics. Meetings are subject to cancellation without notice. Item start times are approximate and subject to change without notice. CALL TO ORDER ACTION ITEMS 1:30 PM Q2 2019 Performance Measure Update -Judith Ure, Management Analyst 2. 2:15 PM Wildfire Mitigation Standards - Peter Gutowsky, Planning Manager 3. 2:45 PM Work Center and Stabilization Center Findings Report - Lee Randall, Facilities Director 4. 3:15 PM Solid Waste: Survey Options - Whitney Hale, Public Information Officer 5. 3:30 PM Draft Joint BOCC-Planning Commission Meeting Agenda - Nick Lelack, Community Development Director 6. 3:45 PM Preparation for Public Hearing: Eastside Bend Plan Amendment and Zone Change - Nicole Mardell, Associate Planner Board of Commissioners Work Session Agenda Wednesday, February 20, 2019 Page 1 of 2 7. 4:00 PM 2019 Legislative Priorities and Positions Continued Discussion -Judith Ure, Management Analyst 8. 4:45 PM Future Meeting Schedule Discussion COMMISSIONER'S UPDATES EXECUTIVE SESSION At any time during the meeting an executive session could be called to address issues relating to ORS 192.5660(2)(e); real property negotiations; ORS 192.660(2)(h) litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2)(b); personnel issues; or other executive session categories. Executive sessions are closed to the public; however ,with few exceptions and under specific guidelines, are open to the public. OTHER ITEMS 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. ADJOURN Deschutes County encourages persons with disabilities to participate in all programs and activities. To request this information in an alternate format please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.org/meetingcalendar Meeting dates and times are subject to change. If you have question, please call (541) 388-6572. Board of Commissioners Work Session Agenda Wednesday, February 20, 2019 Page 2 of 2 lE v \\ CY .7 i^�i'1 �r Qj V° ®g I cc) -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 Work Session of February 20, 2019 DATE: February 13, 2019 FROM: Judith Ure, Administrative Services, 541-330-4627 TITLE OF AGENDA ITEM: Q2 2019 Performance Measure Update RECOMMENDATION & ACTION REQUESTED: None, informational only. ATTENDANCE: Judith Ure and representatives from the 9-1-1 Service District, and Natural Resources, Road, Finance, and Facilities Departments. SUMMARY: Selected departments will provide updates on progress made toward Board of Commissioner goals and objectives during the second quarter of FY 2019. V Vritten documentation is attached. 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N E 3 Via) N E 7 m Q) E a) d E 7 p '� U O .� @ LL U rn V C w7 7 j vim- C C C LL N 00 U d@ (n @ a) to @ N N m N@ a) ma) d a) Lo p N O" L U «T0. E a).E 4)E m E 2) p T > p C o c -C 0c CL 11 o c°0 C: °°a) Uh° 0 CL ico w ° @w3 ooh 0o to oe d Ny 0) w ° m0 °Z5 a N 0 E E .2 a) E N U > C T in 7@ (0 8 O O 0 N l° p m N @ cO (`U O U m> a m tm Z a) w a)N C co CO O) a) m U L@. Q1 O N .. O �' a (J O aCl! N� T N co O rn C co p a.L N '� a) Y a)L., N U C) m..>-. N .. rn 'C @ N D ; Enhancing the Lives of Citizens by Delivering Quality Services in a Cost -Effective Manner. Protect the community through planning, preparedness and delivery of coordinated services. • Provide safe and secure communities through coordinated public safety services. • Reduce crime and recidivism through prevention, intervention, supervision and enforcement. • Collaborate with partners to prepare for and respond to emergencies and disasters. Enhance and protect the health and well-being of communities and their residents. • Support and advance the health and safety of Deschutes County's diverse populations. Promote well-being through behavioral health and community support programs. • Help to sustain natural resources in balance with other community needs. Promote policies and actions that sustain and stimulate economic vitality. • Support affordable housing options through availability of lands and appropriate regulation. Administer land use programs that promote livability and sustainability. Maintain a safe, efficient and sustainable transportation system. • Partner with organizations and manage County assets to attract business development, tourism and recreation. Provide solution -oriented service that is cost-effective and efficient. Ensure quality service delivery through the use of innovative technology and systems. Support and promote Deschutes County Customer Service "Every Time" standards. Promote community participation and engagement with County government. Preserve and enhance capital assets and strengthen fiscal security. Provide collaborative internal support for County operations. Page 13 -q: n v cn 0 0 O C) C) S7 CD O C) 0 72 in rn? 00 j.A 00 0 V r) =5 en Ln W 00 a') Ln .A rD w U4) 0 w 0 (D 0 0 ,j < 0 rD < rD C) CD C 0 m C) m CL CLL rD 0 C C) oaF I- cr w lu =3 A 00 N cu o nD (D 01 0 Lri cr) 3 0 00 'A on 3 G) w 0 uj Ui < CL U.) v A m cy, M n cu (D YQ rD 0 O O 3 CL 03 0 ell C) CA n m 0 C Z -4 F -n (A V m :0 n 0 z n m =P m 0 n m n 0 Z --I Mn m ;o n 0 X Z Z n m ES CSG 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 Work Session of February 20, 2019 DATE: February 8, 2019 FROM: Peter Gutowsky, Community Development, 541-385-1709 TITLE OF AGENDA ITEM: Wildfire Mitigation Standards ATTENDANCE: Nick Lelack, CDD Director; Peter Gutowsky, Planning Manager; Chris Gracia, Assistant Building Official; Ed Keith, County Forester. SUMMARY: As a follow-up discussion on wildfire mitigation standards from October 2018, staff will provide the Board an update on amendments to the state building code as well as seek further direction on land use regulations. DATE: February 6, 2019 TO: Board of County Commissioners ("Board") FROM: Zechariah Heck, Associate Planner Chris Gracia, Assistant Building Official Ed Keith, County Forester RE: Consideration of New Wildfire Mitigation Standards A. Oregon Residential Specialty Code - R327 B. Land Use Regulations BOARD DIRECTION Staff seeks Board direction on two items pertaining to wildfire mitigation: • Oregon Building Codes Division's (BCD) adoption of R327 amendments to the Oregon Residential Specialty Code (Attachment 1)'; and, • University of Oregon Community Service Center's (CSC) audit of County codes and land use policies (Attachment 2). Options for the Board's consideration are listed below. BCD - Wildfire Hazard Mitigation Rules (R327) 1. Postpone a decision to learn from Southern Oregon jurisdictions' experiences in implementing R327; or 2. Discuss possible implementation of R327 with the Cities of La Pine and Sisters; or 3. Establish a workgroup to further consider R327. Report the workgroup's recommendations to the Board to determine next steps; or 4. Direct staff to initiate a process to adopt R327 in DCC; or 5. Pursue other options not mentioned above or a combination thereof, or 6. Do not move forward and continue applying existing regulatory approaches summarized below. BCD adopted Appendix W on January 24, 2019 and it is now known as R-327.4. 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 t� (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd CSC Recommendations 1. Similar to option No. 1, above, postpone decision to observe and learn from Southern Oregon jurisdictions' experiences implementing R327; or 2. Direct the Planning Commission to conduct a series of panels or form a working group to further consider CSC recommendations. Report the work group's recommendations to the Board to determine next steps; or 3. Direct staff to create a decision matrix that prioritizes recommendations from the CSC report for the Board's consideration at a subsequent meeting; or 4. Pursue other options not mentioned above or some combination thereof, or 5. Do not move forward, and continue applying existing regulatory and non -regulatory approaches discussed below. II. EXISTING PROGRAMS Deschutes County utilizes several programs to address wildfire hazards, some regulatory and others focused on education and outreach. Regulatory • Zoning standards address wildfire mitigation. Consistent with state law, such standards are found in the Forest Use 1 and 2 Zones and regulate defensible space, access, and water supply. Destination Resorts are also required to incorporate wildfire mitigation standards as part of their master plans and corresponding development. • In 2001, the Board declared Deschutes County a Wildfire Hazard Zone in its entirety (Ordinance 2001-024), consistent with ORS 93.270(4) in order to require a minimum Class C roofing and to prohibit the use of untreated wood roof coverings. This was largely in response to home loss in the Awbrey Hall and Skeleton Fires and the fact that many HOA's were requiring cedar shake roofs at the time, leading to increased structural vulnerability to wildfire. • Deschutes County began regulating open burning on unprotected lands in 2009 (Ordinance 2009- 009), which enacted DCC Chapter 8.20. • Deschutes County began requiring defensible space on unprotected lands in 2011 (Ordinance 2011- 011), which enacted DCC Chapter 8.21. • In October 2016, conditional use permit criteria were applied to Miller Tree Farm, a cluster development, requiring wildfire mitigation standards like defensible space and residential sprinklers. • The Westside Transect Zone, approved in January 2019, requires all land divisions to submit a master plan that contains a wildfire mitigation plan. Page 2 of 5 Non -Regulatory • Adopted into DCC in 2003, Project Wildfire is the community organization that facilitates, educates, disseminates and maximizes community efforts toward effective fire planning and mitigation.2 Project Wildfire is the result of the County's effort to create long-term wildfire mitigation strategies and provide for a disaster -resistant community.3 • Comprehensive Plan policies provide direction for natural hazard mitigation and natural resource management. Comprehensive Plan Section 3.5 sets County policies regarding natural hazards and references the Deschutes County Natural Hazards Mitigation Plan (NHMP). Specifically, Policy 3.5.1 requires regular review of the Natural Hazards component of the Comprehensive Plan. Note: the last update of the Natural Hazards element of the Comprehensive Plan was in 2011. • Natural Hazards Mitigation Plan, which is updated every five years, identifies hazards that may threaten the County. Wildfire is noted as a high risk. Community Wildfire Protection Plans (CWPPs) for Greater Bend, Redmond, Sisters, Sunriver, Upper Deschutes River, Greater La Pine and East and West Deschutes County identify local priorities for community protection and resource management.' • Deschutes County residents are able to recycle their yard debris at discounted prices during certain times of the year as part of Fire Free events to encourage creation and maintenance of defensible space around structures.' III. OREGON RESIDENTIAL SPECIALTY CODE - R-327 BCD adopted permanent rules last month that amend the Oregon Residential Specialty Code (ORSC) to increase construction standards for wildfire hazard mitigation. Local jurisdictions may adopt the new rules, which provide increased fire -ignition protection of homes from flying embers and debris caused by wildfires. Fire officials and homebuilders collaborated with BCD to shape the newly adopted rules, which allow for local control. Political subdivisions within Deschutes County's building jurisdiction such as the cities of La Pine and Sisters may locally adopt or opt out of such rules independently from the County. As currently written, the scope covers new dwellings and their accessory structures located in a wildfire hazard zone. The adopted code specifies allowed types of construction materials and requirements for roofing, ventilation, exterior walls, siding, overhanging projections, porches, exterior ceilings, decking surfaces, windows/skylights and doors. IV. NATURAL HAZARDS CODES AND PROGRAM REVIEW The Planning Division contracted with CSC in 2015 to review the Comprehensive Plan and the Zoning code as they pertain to natural hazards. The assessment was limited to wildfire and flooding mitigation standards in Titles 15 (Building and Construction), 18 (County Zoning) and 19 (Bend Urban Area 2 DCC Chapter 8.24, Project Wildfire Steering Committee. https://weblink.deschutes.org/public/0/doc/4186/Pagel.aspx 3 https://www.projectwildfire.org 4 https://www.projectwildfire.org/cwpps/ 5 https://www.firefree.org/firefree events/ Page 3 of 5 Ordinance).6 The CSC team worked closely with the County's Certified Floodplain Manager, County Forester, and Project Wildfire Coordinator. The CSC conducted a national review of model ordinances and best management practices as part of their study. The final report highlighted potential changes to update the zoning code. Table 1 highlights the audit and CSC's recommendations. Table 1 - CSC Recommendations Issue Description Staff Comments The Oregon Residential Specialty Code section Specifically prohibit shake roofs in wildfire- R327.3.1.1 currently requires a minimum of a Class prone areas. Currently, DCC allows shake C roof covering and prohibits the use of untreated roofs if they are Class C or higher, which wood shingle and shake roofs in the Wildfire means the shake roof is treated with fire- Hazard Zone. Roofing Standards resistant material. However, the CSC study Fire -retardant -treated wood roof coverings are found the treatment deteriorates quickly in tested and meet the durability requirements in the County's climate and it is uncommon accordance with ASTM D 2898. The factory treated for homeowners to retreat their homes as roof coverings are supposed to maintain their fire often as necessary. resistance for the life of the roof covering without the need for additional maintenance. Increased slope equals increased destruction Steep Slopes Establish maximum slope grade, e.g., 25%. during a fire event. Could allow for development on steep slopes with requirement for defensible space. According to the CSC report, the most effective way to reduce the risk of structural loss from wildfires is Establish a 100-200 foot defensible space defensible space free from flammable materials. Defensible Space zone around a new development. One example could be the National Fire Protection Association (NFPA) Zone 1, 2, and 3 standards? Another option is the OR Defensible Space Law.$ Best practices would require new partitions/subdivisions to adopt standards like A wildfire mitigation plan could be required NFPA 1141, 1144, and/or Firewise. for all new partitions/subdivisions. Standards could be required within Title 17, Sections: "Subdivisions", "Master Developments", or Wildfire Mitigation Plan Such mitigation plans could include road "Destination Resorts". for Subdivisions access, building separation, water supply, A Fire Prevention and Control Plan would ensure fire sprinkler systems, fire-resistant that subdivisions have clear plans in place before landscaping, in addition to a mitigation and development. Clear standards and requirements maintenance plan. for this plan would assist developers in the project planning process and ensure that maintenance of these standards remain in perpetuity. 6 Pertinent portions of the zoning code were identified as the floodplain and forest zone standards, in addition to requirements for subdivisions. The Board recently adopted a Flood Plain Combining Zone, implementing CSC's flood plain recommendations. 7 https://www.nfpa.org/codes-and-standards/all-codes-and-standards/free-access 6 https://www.oregon.gov/ODF/Fire/Pages/Urbanlnterface.aspx Page 4 of 5 Issue Description Staff Comments Before a development is permitted, a The CSC report acknowledges this is not a pressing written statement from a fire district issue but states with continued population growth Required Fire indicating they will serve the property into rural areas could exceed the capacity of rural Protection from would be required. If a property is not fire districts. within a fire district, a contract with a District district would need to be established Jefferson County, Colorado, requires a written indicating fire protection will be provided statement from fire district stating they will serve for the life of the structure. the new development. CDD could require a wildfire mitigation Wildfire mitigation plans could include a site plan Wildfire Mitigation plan for all new residences to ensure depicting the location of structures, defensible p g Plan for Single -Family l homeowners are mindful of and take an r space management, driveway access for emergency Homes risks associated active role mitigation risksassociated vehicles, water supply for firefighting, and other with development within the pertinent information. urban interface (WUI). DCC includes language to address road Enhanced protocols regarding road identification signs or markers. identification signs and addresses can help Both the OR Residential Specialty Code and the OR Standards for Road emergency responders quickly find their Structural Specialty Code have specific address Identification Signs destinations. identification requirements. Enhanced address and road sign standards could be identified and required. Ashland, OR and Jefferson County, CO have Eliminates need to individually prescribe implemented wildfire hazard combining zones. Wildfire Hazard wildfire provisions for each base zone. The Wildfire Hazard Zones are currently depicted on the Combining Zone combining zone could include a number of Wildfire Hazard Areas map and DCC 15.04.085 provisions such as building materials, already implements this map to apply roofing defensible space, and developable slopes. standards in a manner identical to the function of the proposed combining district. Attachments 1. BCD Notice of Permanent Rule - R327 Wildfire Hazard Mitigation 2. University of Oregon CSC Deschutes County Natural Hazards Plan and Code Audit Page 5 of 5 lks"" Bettor Buildings for Oregon ATTACHMENT 1 Notice of Permanent Rule January 24, 2019 Oregon Residential Specialty Code: R327.4 Wildfire Hazard Mitigation Purpose of the rule: This rule amends the Oregon Residential Specialty Code (ORSC) to include increased construction standards for wildfire hazard mitigation that can be adopted by a local jurisdiction. The applicability of the increased construction standards will be determined by the local jurisdiction in accordance with the standards in the code and identified by the local adopting ordinance. Citation: Amend: OAR 918-480-0010. This rule becomes effective January 24, 2019. History: In 2016 the Residential and Manufactured Structures Board (RMSB) appointed a committee to review the 2015 International Residential Code, public code change proposals, and existing Oregon specific amendments that would become the 2017 ORSC. Appendix W — Wildfire Hazard Mitigation was one of many public proposals reviewed by the committee and forwarded to the RMSB for consideration. In May of 2017 the RMSB reviewed the committee's recommendations, including Appendix W — Wildfire Hazard Mitigation and recommended that Building Codes Division move the 2017 ORSC to rulemaking. During the division's review of the RMSB's recommendations three specific areas of concern were identified regarding Appendix W and the division returned Appendix W to the RMSB for further review. On October 1, 2017, the 2017 ORSC became effective without Appendix W. On May 29, 2018, the division received a request from the City of Ashland Fire and Rescue to have Appendix W reconsidered by the RMSB. On July 11, 2018, the RMSB reviewed and recommended that the division proceed to rulemaking. The division engaged stakeholders from the fire service, local government, and homebuilders to develop code standards with consistent and predictable application. Effect: These rules amend the ORSC to include increased construction standards for wildfire hazard mitigation that can be adopted by a local jurisdiction. These standards are intended to provide increased fire ignition protection of homes from flying embers and debris caused by wildfires. Contact: If you have questions or need further information, contact Tony Rocco, Structural Program Chief, at 503.373.7529, or Anthony.J.Rocco(o)oregon.gov. Building Codes Division + Department of Consumer and Business Services ♦ State of Oregon 1535 Edgewater St. NW, Salem, OR 97304 ♦ P.O. Box 14470, Salem, OR 97309-0404 503-378-4133 ♦ Fax: 503-378-2322 0 oregon.gov/bcd ATTACHMENT 1 918-480-0010 Amendments to the Oregon Residential Specialty Code (1) The Oregon Residential Specialty Code is amended pursuant to OAR chapter 918, division 8. Amendments adopted during the code -cycle for inclusion into the Oregon Residential Specialty Code are placed in this rule, showing the section reference and a descriptive caption. (2) Effective January 24, 2019, the Oregon Residential Specialty Code Section R327 is amended for additional wildfire hazard mitigation provisions that are available for local adoption. [Publications: Publications referenced are available for review at the division. See division website for information on where to purchase publications.] Stat. Auth.: ORS 455.020, 455.110, 455.610 Stats. Implemented: ORS 455.610 Hist.: BCA 18-1993, f. 8-24-93, cert. of. 8-29-93; BCA 28-1993, f. 10-22-93, cert. ef. 1-1-94; BCA 29-1993, f. 11-24-93, cert. ef. 12-1-93; BCD 6- 1995, f. 3-31-95, cert. cf. 4-1-95; BCD 3-1996, f. 2-2-96, cert. ef. 4-1-96; BCD 22-1996(Temp), f 10-1-96, cert. ef. 1011-96; BCD 5-1997, f 3-21- 97, cert. cf. 4-1-97; Administrative Reformatting 1-19-98; BCD 3-1998, f.1-29-98, cert. ef. 4-1-98; BCD 19-1998, f. 9-30-98, cert. ef. 10-1-98; BCD 3-2000, f. 1-14-00 cert. ef. 4-1-00; BCD 19- 2000(Temp), f.& cert. ef. 8-15-00 thru 2-10-01; BCD 32-2000, f. 12-27-00, cert. ef. 1-1-01; BCD 3-2001, f. 2-9-01, cert. cf. 3-1-01; BCD 2-2002, f. 3-5-02, cert. ef. 4-1-02; BCD 22-2002(Temp), f. 9-13-02 cert. ef. 10-1-02 thru 3-29-03; BCD 30- 2002, f. 12-6-02, cert. cf. 1-1-03; BCD 1- 2003(Temp), f. & cert. ef. 1-10-03 thru 3-31-03; BCD 33-2002, f. 12-20-02 cert. cf. 4-1-03; BCD 15-2004, f. 9-10-04, cert. cf. 10-1-04; BCD 5- 2005, f. & cert. ef. 3-28-05; BCD 9-2006, f. 6-30- 06, cert. ef. 7-1-06; BCD 1-2007, f. 2-15-07, cert. cf. 4-1-07; BCD 5-2008, f. 2-22-08, cert. ef. 4-1- 08; BCD 13-2008(Temp), f. & cert. cf. 7-3-08 thru 12-30-08; BCD 21-2008, f. 9-30-08, cert. ef. 10-1-08; BCD 24-2008(Temp), f. & cert. ef. 10- 6-08 thru 4-1-09; BCD 1-2009, f. 1-30-09, cert. ef. 2-1-09; BCD 8-2009, f. 9-30-09, cert. ef. 10- 1-09; BCD 5-2010, f. 5-14-10, cert. ef. 7-1-10; BCD 19-2010, f 12-30-10, cert. ef. 1-1-11; BCD 1-2011, f. & cert. cf. 2-15-11; BCD 11- 2011 (Temp), f. & cert. of. 4-15-11 thru 9-30-11; BCD 13-2011, f. 5-13-11, cert. ef. 7-1-11; BCD 9-2014, f. 9-25-14, cert. ef. 10-1-14; BCD 3- 2015, f. 3-24-15, cert. ef. 4-1-15; BCD 2-2016, f. 1-28-16, cert. cf. 2-1-16; BCD 11-2017, f. 9-14- 17, cert. of 10-1-17; BCD 16-2017(Temp), f. 12- 21-17, cert. ef. 1-1-18 thru 6-29-18; BCD 13- 2018(Temp), f 6-22-18, cert. ef. 6-30-18 thru 12- 26-18; BCD 1-2019, f. & cert. ef. 1-24-19 ATTACHMENT 1 2017 Oregon Residential Specialty Code Amendments Text denotation: Underline denotes new text, Stfikedwough denotes deleted text. SECTION R327 WILDFIRE HAZARD MITIGATION R327.1 Purpose. The purpose of this section is to provide minimum standards for dwellings and their accessory structures located in or adjacent to vegetated areas subject to wildfires, to reduce or eliminate hazards presented by such fires. R327.2 Scope. The provisions of this section shall apply to all dwellings required to be protected against wildfire by a jurisdiction which has adopted wildfire zoning regulations. The additional provisions of Section 8327.4 shall apply when a local municipality has adopted a local ordinance specifically recowlizing Section R327.4 and consistent with Sections R327.4 through R327.4.8. R327.3 Determination." '`rr .•� pro pexieds-eaeh year- Wildfire hazard zones shall be determined using criteria established by the Oregon Department of Forestry. R327.3.1 Wildfire hazard zone requirements. Dwellings and their accessory structures shall be protected against wildfire by the following requirement in addition to other requirements of this code. The provisions of Section R327.4 apply only to qualifying lots identified in Section R327.4.1. Exception: Nonhabitable detached accessory structures, with an area of not greater than 400 square feet, located at least 50 feet from all other structures on the lot. R327.3.1.1 Roofing. Roofing shall be asphalt shingles in accordance with Section R905.2, slate shingles in accordance with Section R905.6, metal roofing in accordance with Section R905.4, tile, clay or concrete shingles in accordance with Section R905.3 and other approved roofing which is deemed to be equivalent to a minimum Class C rated roof covering. Untreated wood shingle and shake roofs are not permitted when the construction site is in a wildfire hazard zone as determined by Section R327.3. 8327.3.1.2 Reroofing or repair of roofing of existing buildings. When 50 percent or more of the roof covering of any building is repaired or replaced within one year, the roof covering shall be made to comply with this section and attic ventilation shall be made to comply with this code. Ventilation openings shall be protected with corrosion - resistant wire mesh, not greater than 1/2 -inch (12.7 mm) or less than r/s-inch (3.2 mm) in any dimension. R327.4 Scope of additional wildfire hazard mitigation requirements. The provisions of Section R327A shall aoply to new dwellings and their accessory structures located in a wildfire hazard zone on a qualifying lot of record created on or after the effective date in the local adopting ordinance. R327.4.1(?ualifying lots of record. Qualifying lots of record shall meet all the following: 1 Be located in a wildfire hazard zone as identified by the local municipality using criteria established by the Oregon Department of Forestry. The local municipality is not required to include all areas identified by the Oregon Department of Forestry as wildfire hazard zones. The zone shall be detailed in the local adopting ordinance. 2. The local municipality shall determine in the adopting ordinance whether qualifying lots of record shall consist of individual lots or whether qualifying lots must be part of a development that contains a minimum number of lots. 3. The local municipality shall make a determination that the lot of record is either located within the identified wildfire hazard zone as determined by the ittrisrliction or that it is located outside of the wildfire hazard zone as determined by the jurisdiction. Notification shall be provided in conjunction with the land use approval under ORS 197.522. 4. Application: 4.1 Lots created12rior to the effective date of the local ordinance that would otherwise qualify under the local adopting ordinance are exempt from the requirements of the ordinance for a period of three years from the creation date of the land use approval under ORS 197.522. 4.2 For a lot created after the effective date of the local ordinance that receives notification under this section, the determination in the notification shall be valid for three years from the date of the land use approval under ORS 197.522. At the expiration of the three years. a lot of record shall be re- evaluated under the current version of the adopting ordinance prior to the issuance of buildingpermit. Infill exception: Dwellings or accessary structures constructed on a lot in a subdivision,.do not need to comply with Section R327.4 when at least 50 percent of the lots in the subdivision have existing_ dwellings that were not constructed in accordance with Section R327.4. Nothing in the code or adonting ordinance prevents a local municipality from waiving the reouirements of Section R327.4 for any lot property or duelling, or the remodel, replacement or reconstruction of a duelling within the jurisdiction. ATTACHMENT 1 The local municipality must include a process for resolving disputes related to the applicabilityof the local ordinance and this section. R327.4.2 Definitions. The following words and terms shall, for purooses of Section 8327.4 have the meanings shown herein Refer to Chapter 2 for general definitions. Heavy Timber. For the use in this section, heavy timber shall be sawn lumber or glue laminated wood with the smallest minimum nominal dimension of 4 inches (102 min). Heavy timber walls or floors shall be sawn or glue -laminated planks dined tongue- and -grove or set close together and well spiked. ignition -Resistant Material. A type of building material that resists ignition or, sustained flaming combustion sufficiently so as to reduce losses from wildland-urban interface conflagrations under worst-case weather and fuel conditions with wildfire exposure of burning embers and small flames. Such materials include any product designed for exterior exposure that when tested in accordance with ASTM E84 or UL 723 for surface burning characteristics of building materials extended to a.30 -minute duration. exhibits a flame spread index of not more than 25 shows no evidence of significant pro�bressiye combustion, and whose flame front does not progress more than 10%: feet (3.2 m) beyond the centerline of the burner at any time during the test. Noncombustible Material. Any material that in the form in which it is used and under the conditions anticipated, will not ignite burn support combustion, or release flammable vanors when subjected to fire or heat in accordance with ASTM E136. Wildfire. Any uncontrolled fire spreading through vegetative fuels that threatens to destroy life property. or resources. Wildfire Exposure. One or a combination of circumstances exposing a structure to ignition, including radiant heat, convective heat direct flame contact and burning embers being proiected by a vegetation fire to a structure and its immediate environment. R327.4.3 Roofing. Roofing shall be asphalt shingles in accordance with Section 8905 2 slate shingles in accordance with Section R905.6, metal roofing in accordance with Section R905 4 the clay or concrete shingles in accordance with Section R905.3 or other approved roofing which is deemed to be equivalent to a minimum Class B rated roof assembly. Wood shingle and shake roofs are not permitted in a wildfire hazard zone. Where the roof profile allows a space between the roof covering and roof decking the spaces shall be constructed to prevent the intrusion of flames and embers, be fireblocked with approved materials or have one laver of minimum 72 pound (32.4 kg) mineral -surfaced nonperforated can sheet complying with ASTM D3909 installed over the combustible decking. Where valley flashing is installed the flashing shall be not less than 0.019 -inch (0 4$ mm) No. 26 Page galvanized sheet corrosion -resistant metal installed over not less than one laver of minimum 72 pound (32.4 kg)) mineral -surfaced non- perforated can sheet complying with ASTM D3909 at least 36 - inch -wide (914 mm) running the full length of the valley. R327.4.3.1 Gutters. When required roof gutters shall be constructed of noncombustible materials and be provided with a means to prevent accumulation of leaves and debris in the gutter. R327.4.4 Ventilation. Where provided the minimum net area of ventilation openings for enclosed attics enclosed soffit spaces enclosed rafter spaces and underfloor spaces shall be in accordance with Sections R806 and R408. All ventilation openings shall be covered with noncombustible corrosion -resistant metal wire mesh vents designed to resist the intrusion of burning embers and flame, or other approved materials or devices. Ventilation mesh and screening shall be a minimum of 1 6_ inch (1.6mm) and a maximum of 1/8 -inch (3.2mm) in any dimension. R327.4.4.1 Eaves soffits and cornices. Ventilation openings shall not be installed on the underside of eaves, soffits, or cornices. Exceptions: [ The building; official may approve special eave, soffit, or cornice vents that are manufactured to resist the intrusion of flame and burning embers. 2 Ventilation openings complying with the requirements of Section R327.4A may be installed on the underside of eaves. soffits or cornices where the opening is Ineated„,12_.feet or greater above grade or the surface below. R327.4.5 Exterior walls. The exterior wall covering or wall assembly shall comply with one of the following requirements: 1. Noncombustible material. 2. lenition-resistant material. 3. Heavv timber assembly. 4. Log wall construction assembly. 5. Wall assemblies that have been tested in accordance with the test procedures for a 10- minute direct flame contact exposure test set forth in ASTM E2707. complying with the conditions of acceptance listed in Section R327.4.5.2. Exception: Any of the following shall be deemed to meet the assembly performance criteria and intent of this section: 1. One laver of =/g -inch Type X exterior gypsum sheathing applied behind the exterior wall covering or cladding on the exterior side of the framing. 2 The exterior portion of a 1 -hour fire resistive exterior wall assembly designed for exterior fire exposure including assemblies using exterior gypsum panel and sheathing products listed in the Gypswn Association Fire Resistance Design Manual. 14327.4.5.1 Extent of exterior wall covering. Exterior wall coverings shall extend from the top of the foundation to the ATTACHMENT 1 roof, and terminate at 2 inch (50.8 mm) nominal solid wood 2. Ignition -resistant material. blocking between rafters at all roof overhangs, or in the case 3. One layer of 118 -inch Tyne X exterior gypsum of enclosed eaves or soffits. shall terminate at the underside sheathing anplied behind the exterior covering on the of the enclosure. underside of the ceiling. 8327.4.5.2 Conditions of acceptance. ASTM E2707 tests shall be conducted in triplicate and the conditions of acceptance below shall be met. If any one of the three replicates does not meet the conditions of acceptance, three additional tests shall be conducted. All additional tests shall meet the conditions of acceptance. 1 Absence of flame penetration through the wall assembly at any time during the test. 2 Absence of evidence of glowing combustion on the interior surface of the assembly at the end of the 70 minute test. 8327.4.6 Overhanging projections. All exterior proiections (exterior balconies carports. decks, patio covers, porch ceilings unenclosed roofs and floors, overhanging buildings and similar architectural appendages and projections) shall be protected as snecified in this section. 8327.4.6.1 Enclosed roof eaves, soffits, and cornices. The exposed underside of rafter or truss eaves and enclosed soffits where ally portion of the framing is less than 12 feet above grade or similar surface below, shall be protected by one of the following: 1. Noncortibustible material. 2. Ignition -resistant material. 3. One layer of!s-inch Type X_ exterior gypsum sheathing applied behind an exterior covering on the underside of the rafter tails truss tails or soffit. 4 The exterior portion of a 1 -hour fire resistive exterior iva// assembly applied to the underside of the rafter tails or soffit including assemblies using exterior gypsum panel and sheathing_products listed in the Gypsum Association Fire Resistance Design Manual. 5. Soffit assemblies with an underside surface that meets the performance criteria in Section R327.4.6.5 when tested in accordance ASTM E2957. Exceptions: The following materials do not require protection reQuired by this section: 1 Eaves and soffits where all portions of the framing members are 12 feet or greater above grade. and 2 - inch nominal cave fireblocking is provided between roof framing members from the wall top Matt, to the underside of the roof sheathing. 2 Gable end overhangs and roof assembly proiections.beyond an exterior wall other than at the lower end of the rafter tails. 3. Fascia and other architectural trim boards. R327.4.6.2 Exterior patio and porch ceilings. The exposed underside of exterior patio and porch cejljW greater than 200 square feet in area and less than 12 feet above grade shall be protected by one of the following: 1. Noticombitstible matet•ial. 4. The exterior portion of a_1 -hour _ fire_ resistive exterior wall assembly applied to the underside of the ceiling assembly including assemblies using exterior gypsum panel and sheathing products listed in the Gypsum Association Fire Resistance Design Manual, S Porch ceiling assemblies with a horizontal underside that meet the performance criteria in Section R327.4.6.5 when tested in accordance with the test procedures set forth in ASTM E2957. Exception: Architectural trim boards. R327.4.6.3 Floor projections. The exposed underside of cantilevered floor proiections less than 12 feet above grade or the surface below shall be protected by one of the following: 1. Noncombustible material. 2. lenition-resistant material. 3. One layer of £/$-inch Type X exterior gypsum sheathing_ applied behind an exterior covering on the underside of the floor projection. 4 The exterior portion of a I -hour fire resistive exterior wall assembly applied to the underside of the floor prosection including assemblies using exterior gypsum panel and sheathing products listed in the Gypsum Association Fire Resistance Design Manual. 5 An assembly that meets the performance criteria in Section R327.4.6.5 when tested in_ accordance with ASTM E2957. Exception: Architectural trim boards. R327.4.6.4 Underfloor protection. The underfloor area of elevated structures shall be enclosed to grade in accordance with the reouirements of Section R327.4, or the underside of the exposed underfloor shall be protected by one of the following: 1. Noncombustible material. 2. igtition-resistant material. 3. One layer of /x -inch Type X exterior gypsum sheathing applied behind an exterior covering on the underside of the floor assembly. 4 The exterior portion of a 1 -hour fire resistive exterior wall assembly applied to the underside of the floor, including assemblies using exterior gypsum panel and sheathingproducts listed in the Gypsum Association_ Fire Resistance Design Manual. 5 An assembly that meets the performance criteria in Section R327.4.6.5 when tested in accordance with ASTM E2957. Excention: Heavv timber structural columns and beams do not require protection. ATTACHMENT 1 8327 4 6.5 Conditions of acceptance. ASTM E2957 tests shall be conducted in triplicate and the conditions of acceptance below shall be met. If any one of the three replicates does not meet the conditions of acceptance, three additional tests shall be conducted. All additional tests shall meet the following conditions of acceptance: 1 Absence of flame penetration of the eaves or horizontal proiection assembly at any time during the test. 2. Absence of structural failure of the eaves or horizontal proiection subassembly at any time during, the test. 3 Absence of sustained combustion of any kind at the conclusion of the 40 minute test. R327.4.7 Walking surfaces. Deck, porch and balcony walking surfaces located greater than 30 inches and less than 12 feet above Qrade or the surface below shall be constructed with one of the materials listed below. Exception: Walking surfaces of decks, porches and balconies not greater than 200 square feet in area, where the surface is constructed of nominal 2 -inch lumber. I Materials that comply with the performance requirements of Section R327.4.7.1 when tested in accordance with both ASTM E2632 and ASTM E2726. 2 Ignition resistant materials that comply with the performance re uirements of Section R327.4.2 when tested in accordance with ASTM E84 or UL 723. 3. Exterior fire retardant treated wood. 4. Noncombustible material. S. Any material that complies with the performance requirements of Section 8327.4.7.2 where tested in accordance with ASTM E2632 where the exterior wall covering of the structure is noncombustible or ignition - resistant material. 6 Any material that complies with the performance requirements of ASTM E2632, where the exterior wall coveringpf the structure is noncombustible or ip-nition- resistant material. Exception: covering material may be of any material that otherwise complies withthis chapter when the decking surface material complies with the performance requirements ASTM E84 with a Class B flame spread rating. R327.4.7.1 Requirements for 8.327.4.7, item 1. The material shall be tested in accordance with ASTM E2632 and ASTM E2726 and shall comply with the conditions of acceptance below. The material shall also comply with the performance requirements of Section R327.4.2 for isniition resistant material when tested in accordance with ASTM E84 or UL 723. R327.4.7.1.1 Conditions of acceptance. ASTM E2632 tests shall be conducted in triplicate and the conditions of acceptance below shall be met. if any one of the three replicates does not meet the conditions of acceptance, three additional tests shall be conducted. All additional tests shall meet the following conditions of acceptance: 1 Peak heat release rate of less than or equal to 25 kW/ft= (269 kW/m-) 2 Absence of sustained flaming or glowing combustion of any kind at the conclusion of the 40 - minute observation period. 3 Absence of falling particles that are still burning when reaching the burner or floor. 8327.4.7.1.2 Conditions of acceptance. ASTM E2762 tests Shall be conducted in triplicate and the conditions of acceptance below shall be met. If any one of the three replicates does not meet the conditions of acceptance, three additional tests shall be conducted. All of the additional tests shall meet the following conditions of acceptance: 1 Absence of sustained flaming_ orlg owing combustion of any kind at the conclusion of the 40 - minute observation period. 2 Absence of falling particles that are still burning when reaching_the burner or floor. R327.4.7.2 Requirements for R327.4.7, item 6. The material shall be tested in accordance with ASTM E2632 and shall comply with the following_ condition of acceptance The test shall be conducted in triplicate and the peak heat release rate shall be less than or equal to 25 k W/ft< (269 kW/m') If any one of the three replicates does not meet the _conditions of acceptance three additional tests shall be conducted. All of the additional tests shall meet the conditions of acceptance. 8327 4 8 Glazing. Exterior windows. windows within exterior doors and skvlights shall be tempered glass, multilayered glazed panels glass block or have a fire resistance rating of not less than 20 minutes. ATTACHMENT 2 Deschutes County Natural Hazards Code and Program Review Prepared for: Deschutes County Prepared by: Community Planning Workshop A Program of the Community Service Center csc.uoregon.edu/cpw Com,,,��.,Y UNIVERSITY OF ORGGON � CPW Workshop ATTACHMENT 2 SPECIAL THANKS AND ACKNOWLEDGEMENTS Community Planning Workshop wishes to thank Nick Lelack, (Community Development Director), Peter Gutowsky (Planning Manager), Peter Russell (Senior Transportation Planner), and Matt Martin (Associate Planner) for their assistance with this project. Deschutes Staff Working Group Alison Green, Project Wildfire Coordinator William Groves, Senior Planner Ed Keith, County Forester Matt Martin, Associate Planner Peter Russell, Senior Transportation Planner Community Planning Workshop Team Robert Parker, AICP, Director Michael Howard, AICP, CFM, Program Specialist Drew Pfefferle, Project Manager Michael DeHart, Research Assistant Erin Horan, Research Assistant Maureen Jackson, Research Assistant Brett Setterfield, Research Assistant Page I ii Community Planning Workshop ATTACHMENT 2 About the Community Service Center The Community Service Center (CSC), a research center affiliated with the Department of Planning, Public Policy, and Management at the University of Oregon, is an interdisciplinary organization that assists Oregon communities by providing planning and technical assistance to help solve local issues and improve the quality of life for Oregon residents. The role of the CSC is to link the skills, expertise, and innovation of higher education with the transportation, economic development, and environmental needs of communities and regions in the State of Oregon, thereby providing service to Oregon and learning opportunities to the students involved. About Community Planning Workshop Community Planning Workshop (CPW) is an experiential program within the Department of Planning, Public Policy and Management at the University of Oregon. Students work in teams under the direction of faculty and Graduate Teaching Fellows to develop proposals, conduct research, analyze and evaluate alternatives, and make recommendations for possible solutions to planning problems in Oregon communities. The CPW model is unique in many respects, but is transferable to any institution that desires to link pedagogy with community service. About the Oregon Partnership for Disaster Resilience The Oregon Partnership for Disaster Resilience (OPDR) is a coalition of public, private, and professional organizations working collectively toward the mission of creating a disaster -resilient and sustainable state. Developed and coordinated by the Community Service Center at the University of Oregon, the OPDR employs a service -learning model to increase community capacity and enhance disaster safety and resilience statewide. CI=Z:=-.- Deschutes County Natural Hazards Code and Program Review June 2015 Page I iii ATTACHMENT 2 TABLE OF CONTENTS SPECIAL THANKS AND ACKNOWLEDGEMENTS .........................II TABLE OF CONTENTS..................................................................... IV CHAPTER 1: INTRODUCTION...........................................................1 CHAPTER 2: STRATEGIES FOR MITIGATING RISK .......................3 CHAPTER 3: WILDFIRE HAZARDS...................................................9 CHAPTER 4: FLOOD HAZARDS......................................................26 CHAPTER 5: RECOMMENDATIONS...............................................46 APPENDIX A: WILDFIRE CASE STUDIES......................................49 APPENDIX B: FLOOD CASE STUDIES...........................................56 Page I iv Community Planning Workshop ATTACHMENT 2 CHAPTER I: INTRODUCTION Floods and wildfires are two natural hazards that impact Deschutes County. The Deschutes County Development Code has several provisions that specifically aim to mitigate the effects of these hazards; reduce risk to property, environmental quality, and human safety; and improve recovery time. The code chapters with hazard -specific elements are Title 17: Subdivisions, Title 18: County Zoning, and Title 19: Bend Urban Growth Boundary Zoning Ordinance. This report includes analysis of the Deschutes County Development Code and the county's comprehensive plan, how they are interpreted and applied to development, and the implications for natural hazard preparedness. Case studies and model ordinances providing examples of wildfire and flood best management practices are used to support the report's recommendations. Background Deschutes County Community Development Department (CDD) contracted with the University of Oregon's Community Planning Workshop (CPW) to conduct a review of the Deschutes County Development Code consistent with direction provided in Comprehensive Plan Section 3.5 (Rural Growth/Natural Hazards). The review focused on improving development regulations that address wildfires and flooding. The intent of this work is to help Deschutes County understand the implications of land -use regulations on development in areas affected by natural hazards and to develop a set of programmatic options on how to best manage those impacts. The project focused on researching best practices for mitigating the effects of wildfire and flood on development. Strategies to reduce or mitigate risk associated with development in hazardous areas are important to Deschutes County, as the county continues to be the fastest growing in Oregon. Between 2000 and 2013, the population in Deschutes County increased 41% (47,158 people). According to Deschutes County's population forecast, by 2025 the population is anticipated to grow by 48% (78,300 people), a total population of 240,811. The City of Bend is expected to account for 40% of the population increase, while the rural unincorporated areas of the county are expected to account for 33% of the population increase. Purpose and Methods The purpose of this report is to identify and review a range of regulatory standards that Deschutes County can utilize to reduce risk to flood and wildfire hazards. To identify potential strategies, CPW reviewed flood and wildfire ordinances, best practices used to reduce natural hazard risk, and ordinances and programs implemented by other jurisdictions. CPW also identified model ordinances and case studies that include elements applicable and relevant to Deschutes County based on the comparable aspects of the communities and relative similar hazard 1==- Deschutes County Natural Hazards Code and Program Review lune 2015 Page 1 1 ATTACHMENT 2 danger. The CPW team then worked with County Staff to target sections of the Deschutes County Development Code where it could incorporate higher development standards and best practices. Organization of Report The report is organized into five chapters, including Chapter One, and two appendices. Chapter 2: Strategies for Mitigating Risk provides an overview of the nature of risks related to development in hazardous areas. Chapter 3: Wildfire Hazards identifies the extent of wildfire risk in Deschutes County, the rate and location of development within the Wildland Urban Interface (WUI), existing wildfire programs, model ordinances and standards, and presents policy options to strengthen the Deschutes County Development Code as it relates to wildfire hazard. Chapter 4: Flood Hazards identifies the extent of flood risk in Deschutes County, the rate and location of development within the Federal Emergency Management Agency's (FEMA) defined floodplain, existing flood programs, model ordinances and standards, and presents policy options to strengthen the Deschutes County Development Code as it relates to flood hazard. Chapter 5: Conclusions and Recommendations presents a brief review of the project, summarizes the policy options, and prioritizes the recommended policies options. This report includes two appendices. Appendix A provides case studies related to wildfire. Appendix B provides case studies related to flood. Page 12 Community Planning Workshop ATTACHMENT 2 CHAPTER 2: STRATEGIES FOR MITIGATING RISK Chapter 2 frames the role that land use planning has in hazard mitigation and underscores the importance of focusing on flood and wildfire hazards by describing federal and state policies that support and promote mitigation strategies. The Federal and State Policy Framework Federal Emergency Management Agency The pre -disaster mitigation role of the Federal Emergency Management Agency (FEMA) is to provide support and assistance to all communities across the nation to preemptively mitigate and respond to emergencies. FEMA offers financial assistance in the form of grant money through programs such as the Hazard Mitigation Grant Program (HMGP)' for long-term hazard mitigation following a major disaster, Pre -Disaster Mitigation (PDM )2 for hazard mitigation planning and projects, and Flood Mitigation Assistance (FMA)3 for projects to reduce or eliminate risk of flood damage to buildings that are insured under the National Flood Insurance Program (NFIP). In the event of a wildfire disaster, the State can request emergency federal assistance from FEMA. FEMA will provide 75% of firefighting costs as part of the Fire Management Assistance Grant Program.' Disaster Mitigation Act of 2000 The Disaster Mitigation Act of 2000 requires that state, local, and Indian tribal governments develop and maintain a natural hazards mitigation plan to be eligible to receive mitigation grant assistance. The stated purpose of the act is to "amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize a program for pre -disaster mitigation, to streamline the administration of disaster relief, to control the Federal costs of disaster assistance, and for other purposes.i' 1 " Hazard Mitigation Grant Program." Federal Emergency Management Agency. Available at: https://www.fema.gov/hazard-mitigation-grant-program 2 "Pre -Disaster Mitigation Grant Program." Federal Emergency Management Agency. Available at: https://www.fema.gov/pre-disaster-mitigation-grant-program 3 "Flood Mitigation Assistance Grant Program." Federal Emergency Management Agency. Available at: httPs://www.fema.gov/flood-mitigation-assistance-grant-program ' "Fire Management Assistance Grant Program." Federal Emergency Management Agency. Available at: https:Hwww.fema.gov/fire-management-assistance-grant-program . 5 Public Law 106-390 106th Congress Oct. 30, 2000 [H.R. 707] I: Deschutes County Natural Hazards Code and Program Review June 2015 Page 13 ATTACHMENT 2 State Policy Oregon Senate Bill 360 The Oregon Forestland -Urban Interface Fire Protection Act, commonly referred to as Senate Bill 360, enlists property owners in turning fire -vulnerable urban and suburban properties into less -volatile zones where firefighters may more safely and effectively defend homes from wildfires. The law requires property owners in identified forestland -urban interface areas to reduce excess vegetation around structures and along driveways. In some cases, it is also necessary to create fuel breaks along property lines and roadsides.' Oregon Statewide Planning Goal 7 Planning for natural hazards is an integral element of Oregon's statewide land use planning program, which began in 1973 with the passage of Senate Bill 100. All Oregon counties and cities have comprehensive plans and implementing ordinances that are required to comply with the 19 statewide planning goals that direct the state's policies on land use issues. Statewide land use planning Goal 7, Areas Subject to Natural Hazards, calls for local plans to include inventories, policies, and ordinances to guide development in, or away from, hazard areas in order to protect life and property from natural hazards. Natural hazards considered for purposes of Goal 7 are: wildfires, floods (coastal and riverine), landslides, earthquakes, tsunamis, and coastal erosion. Local governments may identify and plan for other natural hazards as they apply. Overview of Natural Hazards in Deschutes County Table 1 below displays the Natural Hazards Mitigation Plan hazard analysis matrix for Deschutes County (updated 2015). The hazards are listed in rank order from high to low. The table shows that hazard scores are influenced by each of the four categories combined. With considerations for historical events, the probability or likelihood of a particular hazard event occurring, the vulnerability to the community, and the maximum threat or worst-case scenario are listed in the table. Wildfire events rank as one of the top hazard threats to the county (top tier), while flood events are listed as one of the lower -ranked hazards in the county (bottom tier). For local governments, conducting the hazard analysis is a useful step in planning for hazard mitigation, response, and recovery. The method provides the jurisdiction with sense of hazard priorities, but does not predict the occurrence of a particular hazard. Both floods and wildfires are considered a top priority by Deschutes County and can be directly mitigated through land use. 6 "Oregon Forestland -Urban Interface Fire Protection Act." Oregon Department of Forestry. Accessed June 8, 2015. Available at: http://www.oregon.gov/odf/pages/fire/sb360/sb360.aspx Page 14 Community Planning Workshop ATTACHMENT 2 Table I Hazard Analysis Matrix — Deschutes County Winter Storm 20 50 90 70 230 Wildfire 20 50 80 70 220 Earthquake(Cascadia) 2 40 100 49 191 Windstorm 16 20 80 63 179 Volcano 2 50 100 21 173 Drought 8 15 70 56 149 Flood 8 10 40 56 114 Earthquake (Crustal) 2 5 80 7 94 Landslide 2 5 40 7 54 Source: Deschutes County NHMP Steering Committee, 2015. Flooding results when rain and snowmelt creates water flow that exceeds the carrying capacity of rivers, streams, channels, ditches, and other watercourses. In Oregon, flooding is most common from October through April when storms from the Pacific Ocean bring intense rainfall. Most of Oregon's destructive natural disasters have been floods! Flooding can be aggravated when rain is accompanied by snowmelt and frozen ground; the spring cycle of melting snow is the most common source of flood in the region. The principal types of flood that occur in Deschutes County include: spring/snow melt flooding, warm winter rain -on -snow flooding, ice jams, flash floods, and dam failure. Regular floods have occurred and the principal sources for flood risk in the county include the Deschutes River, the Little Deschutes River, Paulina Creek, Whychus Creek, and Spring River. Fire is an essential part of Oregon's ecosystem, but can also pose a serious threat to life and property particularly in the state's growing rural communities. Wildfires occur in areas with large amounts of flammable vegetation that require a suppression response due to uncontrolled burning. Overgrown forests possess dense fuel loads that burn more intensely and spread more rapidly. Compounding the risk posed by increased fuel loads due to fire prevention efforts is the population growth occurring in forested areas of Deschutes County. As population in the county grows, more residential development is locating in forested lands known as the wildland-urban interface (WUI). Understandably, development within the WUI is associated with significant risk to property and human life in the event of a wildfire. Climate Change Current climate models project warmer, drier summers and a decline in typical level of summer precipitation in Oregon. As climate change occurs, lower elevation pine ecosystems in Deschutes County will become increasingly susceptible to the 7 Taylor, George H. and Chris Hannan. The Oregon Weather Book. Corvallis, OR: Oregon State University Press. 1999 «I: Deschutes County Natural Hazards Code and Program Review June 2015 Page 15 ATTACHMENT 2 effects of changing precipitation patterns. The lower edges of dry pine vegetative zones are expected to be the first to show impacts of long-term changes in available precipitation. Coupled with projected decreases in mountain snowpack due to warmer winter temperatures, Deschutes County is expected to have more frequent wildfires. National Marine Fisheries Service and Endangered Species Recent developments between federal agencies could mean significant changes in the way that local communities implement the NFIP. FEMA and the National Marine Fisheries Service (NMFS) have begun consultations to assign new regulations to floodplain development with respect to endangered species. FEMA has been sued in several states, including Oregon, for failing to consult with the NMFS or the U.S. Fish and Wildlife Service (USFWS) regarding endangered species listed as under the Endangered Species Act (ESA). The lawsuit deals with certain policies that FEMA promotes, specifically policies regarding development in their Special Flood Hazard Areas (SFHA), can negatively impact certain endangered species. As a result of a 2010 settlement approved in federal court, the Federal Emergency Management Agency (FEMA) is consulting with NMFS and drafting new rules for communities that participate in the National Flood Insurance Program (NFIP) and have waterways bearing salmon or steelhead. In 2005, the Deschutes River was designated by NMFS as a critical habitat for Middle Columbia River Steelhead'. This designation will factor into the ongoing revision of Deschutes County floodplain development ordinances. Strategies for Risk Mitigation: Regulatory and Non - Regulatory Programs and policies discussed in this report can be divided into two major subgroups: regulatory (non -voluntary), or non -regulatory (voluntary). This section describes the functional differences between regulatory and non -regulatory risk mitigation strategies and provides high-level summary of strategies currently employed by Deschutes County. Regulatory Regulatory strategies are written instruments containing enforceable rules. They create and constrain rights, duties, and responsibilities. In the case of the Deschutes County Development Code, developments within County jurisdiction must gain regulatory approval and abide by the constraints put forth within. Enforcement can be either proactive — requiring a development plan to meet 8 National Marine Fisheries Service, Northwest Region. 5 -Year Review: Summary & Evaluation of Middle Columbia River Steelhead. Available at: http://www.nmfs.noaa.gov/pr/pdfs/­­species/middlecolumbiariver Steelhead 5yearreview.pdf Page 16 Community Planning Workshop ATTACHMENT 2 certain standards before construction may begin; or reactive — requiring an inspector to ensure that a development is compliant with relevant regulations. The broad goal of development codes is to protect the public health, safety and welfare and to provide developers and landowners with transparent rules that reduce the risks associated with development. Regulatory natural hazards mitigation strategies discussed in this report are enforceable elements of the Deschutes County Development Code that dictate the location and characteristics of future development activity. Regulatory policy options presented in this report are based upon model ordinances, best practices, and case studies from the Federal Emergency Management Agency (FEMA), the International Code Council (ICC), the National Fire Protection Association (NFPA), the National Institute for Standards and Testing (NIST), and relevant sections of development codes from jurisdictions that have addressed natural hazard risks similar to those of Deschutes County. The role of land use planning in hazard mitigation Land use planning guides and regulates land use so as to ensure land development is efficient, ethical, and prevents land -use conflicts. By regulating the actions of property owners and developers, land use planning has a decisive influence on development patterns. Often, the most desirable lands for residential development are also the most hazardous. Development along riverbanks is popular for its favorable views and convenient water access. However, it places homes at a greater risk for flood damage. Likewise, wildland-urban interface areas are ideal for residents seeking privacy and access to forested areas, but there is an elevated risk of wildfire damage. Land use planning can shape development in ways that mitigate risk by prescribing regulatory provisions to types of land that are exposed to the risks of natural hazards. Development codes can prohibit development in dangerous locations or regulate development in a manner that minimizes risk. A key consideration is that land use plans and their implementing ordinances come into effect at the time of a land use action. The implication is that they only apply to development that is subject to the regulation. Most ordinances do not apply retroactively; existing uses are "grandfathered" in and are often not subject to new regulation. That will likely be the case in Deschutes County where thousands of existing structures in the WUI will not be affected by any code amendments. Non -Regulatory Non -regulatory tools serve as guidance rather than law, and are often used to complement regulatory policies. These tools rely on voluntary efforts and public support and participation. They can increase awareness and buy -in to programs and are often developed to increase the effectiveness of regulations through education, outreach, incentives, or interagency coordination. Non -regulatory strategies to mitigate natural hazards are not dependent upon government oversight, but are achieved primarily through public and community I:: Deschutes County Natural Hazards Code and Program Review June 2015 Page 17 ATTACHMENT 2 participation. Non -regulatory strategies may rely on the county government for financial and structural support. Natural Hazards Mitigation Plan Natural Hazards Mitigation Plans are a planning requirement for local governments to access funds from the Disaster Mitigation Act of 2000. Although the plan is required for pre -disaster funding, its contents are non -regulatory in nature. Rather, it sets forth voluntary goals, objectives, and actions that can increase disaster preparedness or decrease recovery time. The aim of the Deschutes County Natural Hazards Mitigation Plan is to promote sound public policy designed to protect citizens, critical facilities, infrastructure, private property, and the environment from natural hazards. This can be achieved by increasing public awareness, documenting the resources for risk reduction and loss -prevention, and identifying activities to guide the county towards building a safer, more disaster resistant community.9 The Deschutes County Natural Hazards Mitigation Plan is intended to serve many purposes. These include the following: • Provide a methodical approach to mitigation planning; • Enhance public awareness and understanding of natural hazards; • Create a decision-making tool for policy and decision makers; • Promote compliance with state and federal program requirements; • Assure coordination of mitigation -related programming; • Create specific hazard mitigation initiatives that can be incorporated into Deschutes County's Comprehensive Plan to assist with implementation; • Document resources for risk reduction and loss prevention.10 9 Deschutes County Natural Hazard Mitigation Plan 2015 Update. 10 Ibid Page 18 Community Planning Workshop ATTACHMENT 2 CHAPTER 3: WILDFIRE HAZARDS This chapter identifies the risk wildfire poses to Deschutes County, the extent of risk, and the rate and location of development affected by wildfire hazard. Following are policy options the county can consider to strengthen the Deschutes County Comprehensive Plan and Development Code. Policy options are presented with descriptions of best practices, identification of the applicable county code sections, and details of economic, administrative, health, or environmental impacts of implementing the policy. Wildfire risk in Deschutes County Extent of Wildfire risk areas Wildfires are a natural and necessary component of many ecosystems across the country. Central Oregon is no exception. Historically, wildfires have shaped the forests and wildlands valued by residents and visitors. These ecosystems are significantly altered due to fire prevention efforts, modern suppression activities and a general lack of large-scale fires, resulting in overgrown forests and wildland- urban interfaces (WUI) with dense fuels that burn more intensely than in the past. Wildfires can be divided into three categories: interface, wildland, and firestorms. Interface fires are the most common wildfires in Deschutes County.' Interface fires occur where wildland and developed areas meet (the wildland-urban interface). In these locations, both vegetation and structural development combine to provide fuel. The wildland-urban interface can be divided into three categories: classic wildland-urban interface, mixed wildland-urban interface, and occluded wildland-urban interface.' 1. Classic wildland-urban interface exists where well-defined urban and suburban development presses up against open expanses of wildland areas. 2. Mixed wildland-urban interface is found in areas of exurban or rural development: isolated homes, subdivisions, resorts and small communities situated in predominantly wildland settings. 3. Occluded wildland-urban interface where islands of wildland vegetation exist within a largely urbanized area. Population growth has occurred in interface areas. The growth in residential development in interface areas increases the risk of wildfires. Fire has historically been a natural wildland element and can sweep through vegetation adjacent to combustible homes. New residents in rural areas are often surprised to learn that ' Deschutes County Natural Hazard Mitigation Plan 2015 Update. ' Ibid CP;x;: Deschutes County Natural Hazards Code and Program Review June 2015 Page 19 ATTACHMENT 2 moving away from urban areas puts them more at risk of wildfires since there are fewer readily available fire services in rural areas. Rate and Location of Development The majority of people across Deschutes County resides in Bend or within the unincorporated areas of the county. Between 2000 and 2013, Deschutes County experienced a 41% increase in population. The County Coordinated Population Forecast projects that by 2025 Deschutes County's population will increase by about 78,300 people, a 48% increase3. In 2000, 48,898 people lived in unincorporated areas of Deschutes County. By 2013, that number had grown by 10.2% to 53,870. Forecasts estimate that the population in currently unincorporated areas will grow to nearly 80,000 by 2025. Unprotected residential development is an important issue for Deschutes County. There are several examples of residential developments that do not have structural or wildland fire protection. These include the Lower Bridge area east of Sisters, and the Brothers and Hampton areas along Highway 20 on the eastern edge of the county (Figure 1). In addition, there are approximately 100,000 acres of privately owned, largely unimproved rangeland east of Bend that do not have wildland fire protection.4 In 2013, an additional fire district for the unincorporated community of Alfalfa was created and will be running by the end of 2016 (not shown in Figure 1). 5 This region will cover 64 square miles of unprotected development. Since a large portion of the county has no fire protection and due to abundance of the fuel types present in some areas, wildland fires can grow quite large, often spreading and becoming threatening to protected areas. Deschutes County developed County Code Section 8.21 outlines a system for private landowners in unprotected areas to respond to the wildland fire threat with defensible space and firebreaks. Emergency response to wildland fire incidents incurs substantial resource commitments and fiscal costs. The impact on local organizations is demonstrated each fire season. Notable incidents that exemplify the impact on local organizations are Pole Creek (2012), Burgess Road (2013), and Two Bulls (2014). The costs associated with multiple day mobilization of law enforcement, search and rescue, structural fire assets and state fire resources can quickly deplete local and state agency budgets. Depending on the scope and specifics of an individual fire, additional agency and non-governmental support organizations may also be mobilized to help mitigate the impact on citizens and community infrastructure. 3 Deschutes County Community Development Department, 2014. 4 Deschutes County Natural Hazard Mitigation Plan 2015 Update. 5 Dylan, Darling. "Fire District Has Trucks, but No Firefighters or Fire Station." The Bulletin. April 21, 2015. Accessed June 8, 2015. http://www. bendbuIletin.com/locaIstate/3068284-151/grow_ ing-a-fire- district-in-alfalfa#. Page 110 Community Planning Workshop 77 Ig a5 Ln 0 N N c W 9 ATTACHMENT 2 Existing wildfire programs There are several wildfire mitigation programs at the National, State, and County level that are in effect within Deschutes County. While non -regulatory in nature, they provide useful guidance to the County's decision makers, residents, and developers. These programs provide frameworks for outreach, education, and coordination regarding the mitigation of wildfire risk. This section outlines the general programs, state programs, and county programs that are in effect in Deschutes County. National Programs Healthy Forests Restoration Act: Community Wildfire Protection Plans In 2003, the US Congress passed the Healthy Forests Restoration Act that directed federal agencies to collaborate with communities in the wildland urban interface to create Community Wildfire Protection Plans (CWPP). CWPPs allow communities to identify and prioritize areas needing hazardous fuels treatment. As of 2015, Deschutes County has seven CWPP's adopted: Greater Bend, Greater La Pine, Greater Redmond, Greater Sisters Country, Sunriver, Upper Deschutes River Coalition, and East and West Deschutes County.' Communities with CWPPs are given priority for funding of hazardous fuels reduction projects carried out under the auspices of the HFRA. These CWPPs provide consistent analysis of existing fuels and WUI conditions along with recommendations and priorities for hazardous fuels reductions treatments on public and private lands. Community Wildfire Protection Plans allow communities to set wildland urban interface (WUI) boundaries and conducted risk assessments for each community. Table 2 Deschutes County Community Wildfire Protection Plans CWP# Area Year Updated Next Expected Revision Greater Bend 2011 2016 Greater La Pine 2015 2020 Greater Redmond 2011 2016 Greater Sisters Country 2014 2019 Sunriver 2015 2020 East and West Deschutes County 2012 2017 Upper Deschutes River Coalition 2013 2018 Source: Project Wildfire ' Community Wildfire Protection Plans. Project Wildfire. n.d. Accessed June 8, 2015 Available at: http://www projectwildfire orgZindex.php/cwpp/list of cwpp plans/ Page 112 Community Planning Workshop ATTACHMENT 2 Firewise Communities Firewise Communities USA is a program that nationally recognized communities that have taken an organized approach to wildfire preparedness. Firewise Communities educate community members on how live with the threat of wildfire and encourage neighbors to work together and take action to prevent loss of property and life. Typically, Firewise Communities have defensible space, well - marked evacuation routes, and community cohesion. State Programs Oregon Senate Bill 360 Implementation The Oregon Department of Forestry (ODF) supplies information about fuel reduction standards to property owners. ODF mails each property owner a certification card, which may be signed and returned to ODF after the fuel reduction standards have been met. Certification relieves a property owner of liability of fire suppression costs if a fire were to occur on the property.2 If a certification card has not been received by OFD, the state of Oregon may seek to recover certain fire suppression costs from a property owner if a fire originates on the owner's property, the fuel reduction standards have not been met, and ODF incurs extraordinary suppression costs. The cost -recovery liability under the Oregon Forestland Urban Interface Fire Protection Act is capped at $100,0003. For more generalized information regarding Oregon Senate Bill 360, see page 4 of this document or visit the Oregon Department of Forestry's website: http://www.oregon.gov/odf/pages/fireZsb360Zsb360.aspx. Oregon Ready, Set, Go! Oregon Ready, Set, Go! is an online wildfire assessment tool that provides awareness and educational materials to property owners in Wildland Urban interface. The website allows property owners to enter their home address and identify structural and vegetative information to calculate a wildfire risk score. Based on the score, information will be provided to help reduce the home's risk including building materials or outside landscaping. This is an educational tool for homeowners that can help protect their life and property as well as keep First Responders safe when fighting fires. 4 2 Oregon Forestland -Urban Interface Fire Protection Act Property Evaluation and Self -Certification Guide. July 2006. Oregon Department of Forestry. State of Oregon. Available at: http://www.oregon.gov/ODF/FIRE/SB360/docs/guide/guide 0106.pdf 3 Oregon Forestland -Urban Interface Fire Protection Act Property Evaluation and Self -Certification Guide. July 2006. Oregon Department of Forestry. State of Oregon. Available at: http://www.oregon.gov/ODF/FIRE/SB360/docs/guide/guide_0106.pdf 4 Ready, Set, Go! > Home. Accessed June 8, 2015. http://www.wildlandfirersg.org . C"pWil-4–, Deschutes County Natural Hazards Code and Program Review June 2015 Page 1 13 ATTACHMENT 2 Deschutes County Programs Project Wildfire Project Wildfire is a long-term wildfire mitigation strategy that provides for disaster -resistant communities. Its mission is to prevent deaths, injuries, property loss and environmental damage resulting from wildfires in Deschutes County. Created by Deschutes County Ordinance 8.24.010, Project Wildfire is the community organization that facilitates, educates, disseminates and maximizes community efforts toward effective fire planning and mitigation. Project Wildfire organizes community events that help educate the community about wildfire protection strategies and techniques.5 FireFree Program Project Wildfire coordinates the FireFree program, which is an educational program that teaches residents how to protect their homes from wildfires The FireFree program and fuels reduction projects yield over 40,000 cubic yards of woody debris each year. Existing Wildfire Model Ordinances and Standards The following model ordinances and standards were used in the process of reviewing the County's development code in addressing wildfire hazard mitigation. National Fire Protection Association The National Fire Protection Association (NFPA) is a national non-profit organization that sets national fire safety codes and standards. The codes that NFPA provides are standards that range from building, process, service, design and installation. Besides providing national fire safety codes and standards, the NFPA provides training and education about fire safety and standards. NFPA 1 141: Standard for Fire Protection Infrastructure for Land Development in Wildland, Rural, and Suburban Areas This standard provides guidance on the development of the community infrastructure necessary to eliminate fire protection problems that result from rapid growth and change. http://www.nfpa.org/codes-and-standards/document-information- oaees?mode=code&code=1141 5 Project Wildfire and 2015 Deschutes County Natural Hazard Mitigation Plan 6 FireFree.org. Accessed June 8, 2015. http://www.firefree.org. Page 1 14 Community Planning Workshop ATTACHMENT 2 NFPA 1144: Standard for Reducing Structure Ignition Hazards from Wildland Fire This standard provides guidance on individual structure hazards. It requires a new spatial approach to assessing and mitigating wildfire hazards around existing structures and includes improved ignition -resistant requirements for new construction. http://www.nfpa.org/codes-and-standards/document-information- pages?mode=code&code=1144 International Wildland-Urban Interface Code (2012) This comprehensive wildland-urban interface code establishes minimum regulations for land use and the built environment in designated wildland-urban interface areas using prescriptive and performance -related provisions. It is founded on data collected from tests and fire incidents, technical reports and mitigation strategies from around the world. http://`shop.iccsafe.orgZ2012-international-wildland-urban-interface-code-soft- rnvPr.html Policy Options for Deschutes County This section presents a review of the County's Comprehensive Pan in regards to land use and wildfire mitigation and identifies potential actions to strengthen current policies. The existing comprehensive plan policy language is shown in italics followed by our comments. Model development code language is shown in italics and underlined. Review of County Comprehensive Plan Policies Comprehensive Plan Policy 3.5.1 1(g): Policy 3.5.11(g) Review and revise County Code as needed to: Require new subdivisions and destination resorts to achieve Fire Wise standards from the beginning of the projects and maintain those standards in perpetuity. Comment: The Firewise program is inherently flexible since it is a national recognition program; it is not a certificate program and does not have standards to be met. Deschutes County should consider modifying the comprehensive plan to reflect this distinction. The Firewise Program is, however, guided by NFPA Standards 1141 and 1144. These standards provide specific mitigation actions that bear relevance to the County Development Code. Rather than including NFPA 1141 and 1144 in the Comprehensive Plan, Deschutes County can look to the following review of County Development Code, which is informed by NFPA standards. CPW1I. 4_ Deschutes County Natural Hazards Code and Program Review June 2015 Page 1 15 ATTACHMENT 2 Review of County Development Code This section presents a review of the County's current development code in regards to land use and wildfire mitigation policies and programs and identifies potential actions to strengthen current codes. In the following section the existing development code language is shown in italics followed by our comments. Model development code is shown in italics and underlined. Implement a Wildfire Hazard Combining Zone A wildfire hazard combining zone eliminates the need to individually prescribe wildfire provisions for each base zone. The combining zone could include a number of provisions such as building materials, defensible space, developable slopes, and other mitigation requirements. Best Practice: Given the prevalence of wildfire risk within Deschutes County, applying development standards to individual base zones may not efficiently regulate development in hazardous areas. Several wildfire -affected cities and counties in the country, such as Ashland, OR and Jefferson County, CO, have adopted combining zones to broadly identify lands potentially at risk for wildfire and require mitigation measures as part of the land planning and development process. By implementing a combining zone in Deschutes County, development standards that mitigate wildfire risk could be more easily interpreted and applied. Applicable County Code: Title 18 Zoning, 15.04.085 Building and Construction Codes and Regulations in Wildfire Hazard Zones Implications: Implementing a combining zone would eliminate the need to individually prescribe wildfire provisions for each base zone. Wildfire Hazard Zones are currently depicted on the Deschutes County Wildfire Hazard Areas map, and County Code 15.04.085 already implements this map to apply roofing standards in a manner identical to the function of the proposed combining district. Developers and property owners will benefit from clear, consistent requirements that could be found in a single location within Deschutes County Code Title 18. This combining zone would also have implications that include higher wildfire mitigation measures being addressed to the majority of the county instead of only in Forest Zones. Prohibit Wooden Shake Building Materials in Wildfire Hazard Zones Wooden shake building materials pose a serious risk to residents in the event of a wildfire. Combustible wooden building materials can burn from catching a single ember from an upwind fire. Scientific evidence has shown that a home's structural characteristics are a primary factor in determining ignitability in wildland-urban Page 1 16 Community Planning Workshop ATTACHMENT 2 interface fires'. Prohibiting wooden shake building materials can reduce the likelihood of structural ignition for homes in wildfire hazard zones. Best Practice: Currently the Deschutes County Code allows wooden shake roofs if they are Class B or higher. To attain a Class B rating, a shake roof must be treated with a fire-resistant material. However, this treatment deteriorates relatively quickly in the county's climate conditions, and it is uncommon for homeowners to retreat their homes as often as is necessary. The simplest way to address this issue is to prohibit wooden shake building materials in areas of the county identified as Wildfire Hazard Zones. This practice would ideally be included as a provision applied within a Wildfire Hazard Combining Zone. Applicable County Code: 15.04.085 Building and Construction Codes and Regulations in Wildfire Hazard Zones Implications: Although wooden shake building materials can be treated and re- treated to meet Class B standards, explicitly prohibiting new structures from using shake building materials is the most direct form of addressing the hazard inherent to flammable roofing material. Existing structures could be exempted from this requirement unless a homeowner undertook a significant home improvement project. Regulatory or incentive -based approaches could be considered as a means to replace combustible materials with non-combustible materials. Requirements for Defensible Space Along with a home's structural characteristics, a home's surroundings are the other most important factor in determining home ignitability in wildland-urban interface areas'. Defensible space is the most effective way to reduce the risk of structural loss from wildfires that spread into residential areas. Although there are voluntary measures that encourage defensible space in Deschutes County, there are currently no efforts to enforce the practice on a countywide scale. Best Practice:. Defensible space requirements can currently be found in a handful of places throughout Deschutes County Code. Forest Use Zones 1 and 2 require three zones of defensible space ranging from nonflammable materials in the immediate vicinity of dwellings and structures, to fuel management tactics between 20 and 100 feet. Defensible space is crucial element of wildfire mitigation, and would ideally be included as a provision applied within a Wildfire Hazard Combining Zone. Applicable County Codes: 17.16.030 Subdivision Information Requirements, 17.16.050 Master Development Plan, 18.113 Destination Resorts, 18.36.70 Fire Siting Standards in Forest Use Zones 7 Cohen, JD. "Home Ignitability in the Wildland—urban Interface." Journal of Forestry, 2000. http://www.fs.fed.us/rm/pubs other/rmrs 2000 cohen J002.pdf? ' ibid I: - Deschutes County Natural Hazards Code and Program Review June 2015 Page 117 ATTACHMENT 2 Implications: Proper implementation and maintenance of defensible space could significantly decrease risk to residential development. However, if specific requirements were applied to all structures and dwellings within the County's Wildfire Hazard Overlay Zone, defensible space inspections could become very time consuming for County Inspectors. Regulate Development on Steep Slopes Development on steep slopes puts homes at risk to be in the path of fast-moving wildfires. By either restricting development on steep slopes or requiring additional mitigation measures for homes built on steep slopes, the County can reduce the risk posed to lives and property by wildfire. (See Appendix A: Steep Slopes in Rancho Bernardo, CA). Best Practice: Topography plays a significant role in the spread of wildfire. Fire spreads much more rapidly up slopes than flat ground, which poses a threat to structures situated on steep slopes. Currently, single-family dwellings are allowed on slopes as steep as 40%. The International Code Council's Wildfire Hazard Severity Form lists any slope greater than 30% as the maximum risk category. The best practice in regards to development on steep slopes is to regulate development above a certain slope threshold. To be consistent with existing code language the county could set this threshold at 25%, the maximum developable slope in Destination Resort Zones. Applicable County Code: 18.36.070(C) Fire Siting Standards for Dwellings and Structures in Forest Use Zone 1, 18.40.070(C) Fire Siting Standards for Dwellings and Structures in Forest Use Zone 2, 18.113.070 Destination Resorts Zone Implications: This best practice option, when combined with defensible space measures, can achieve enhanced resilience to wildfires without impinging on private property rights. Landowners and developers should be encouraged to develop on flat terrain to the greatest degree possible, but providing sensible regulations considers the inevitability of development on slopes. Wildfire Mitigation Planning for Subdivisions and Destination Resorts By requiring wildfire mitigation plans before allowing the subdivision of land or placement of a destination resort, the county can ensure that NFPA Standards 1141 and 1144 guide development from its earliest stages. Best Practice 1: National Fire Protection Association 1141: Standard for Fire Protection Infrastructure for Land Development in Wildland, Rural, and Suburban Areas are nationally approved model standards for development of fire protection and emergency services infrastructure in wildland-urban interfaces. These standards include requirements for road access, 30 feet of separation between buildings, adequate levels of water supply, and fire sprinkler systems. Best Practice 2: National Fire Protection Association 1144: Standard for Reducing Structure Ignition Hazards from Wildland Fire are nationally approved model standards for assessing wildfire ignition hazards around existing structures. The Page 1 18 Community Planning Workshop ATTACHMENT 2 standards provide requirements for new construction such as wildfire hazard assessments, mitigation and maintenance plan, and defensible space standards. Best Practice 3: Achieve Firewise Standards or Firewise Recognition. Firewise is a non -regulatory program managed by the NFPA that provides principles or standards that include many NFPA 1141 and 1144 standards. They reflect standards to reduce wildfire ignition to the home through building materials and defensible space around the structure. Communities can receive Firewise Recognition by following five steps that include: a wildfire hazard assessment, creating a community task force, holding an annual Firewise Day, spending $2 per capita on Firewise projects, and submitting an annual report to Firewise documenting the community's progress. Best Practice 4: City of Ashland Municipal Code 18.62.090 requires subdivisions to submit a Fire Prevention and Control Plan with any application for an outline plan, preliminary plat of a subdivision, or application to partition land when in areas designated Wildfire Hazard areas. Plans include the following items: analysis of the fire hazards on site influenced by existing vegetation and topography, a map showing the areas that are to be cleared of dead, dying, or severely diseased vegetation, a map of areas that will be thinned to reduce the interlocking canopy of trees, tree management plan, areas of Primary and Secondary Fuel Breaks, and roads and driveways sufficient for emergency vehicle access, including the slope of all roads and driveways (See Appendix A: City of Ashland, OR). Applicable County Code: Title 17.16.030 Subdivisions: Informational Requirements, 17.16.050 Master Development Plan, and 18.113 Destination Resorts. Implications: The County Code does not address specific wildfire mitigation requirements for Subdivisions or Destination Resorts. Chapter 18.113 for Destination Resorts does require a wildfire prevention, control and evacuation plan but does not include any specifications regarding that plan. The county could decide to include regulations from NFPA 1141 and 1144 to address adequate access for emergency responders, water supply, non-combustible building materials, defensible space, fire-resistant landscaping, and requirements for a mitigation plan as well as maintenance plan. Implementing standards identified from Firewise, or achieving Firewise recognition, would help ensure that communities prepare for wildfire mitigation prior to development and have a maintenance plan to continue to prevent wildfire risk to homeowners and their properties. These additional wildfire mitigation requirements could be viewed as restrictive and cause higher costs to developers. However, achieving these standards can also be used as a successful marketing tool. A Fire Prevention and Control Plan would ensure that subdivisions have clear plans in place before development. Clear standards and requirements for this plan would assist developers in the project planning process and ensure that maintenance of these standards remain in perpetuity. Require Fire Protection Proof for Subdivisions Requiring proof of fire protection ensures that a fire district will be able to serve new subdivisions before they are permitted. Although this is not a currently C-PW1: Deschutes County Natural Hazards Code and Program Review June 2015 Page 1 19 ATTACHMENT 2 pressing issue, continued population growth into unincorporated areas could exceed the capacity of rural fire districts. Best Practice: Proof of Fire Protection is a best practice found in the Jefferson County, CO Land Development Regulation Section 4.C.18. It requires a written statement from the appropriate fire district indicating that they will serve the property. If the property is not within a fire district, a contract with the district would need to be established indicating that fire protection to the property will be provided. Applicable County Code: Title 17.16.030 Subdivisions: Informational Requirements Implications: The Deschutes County Code does not currently require proof of fire protection for subdivisions. Requiring proof of fire protection from a fire district to serve the development will help ensure that emergency responders will adequately be able to service the property. If a property is not currently provided fire protection service a contract, or annexation into a fire district, will help ensure fire protection can be provided. This policy could be restrictive to developers and cause service problems for fire districts however; it will ensure that adequate protection can be provided before property is developed. Wildfire Mitigation Plan for Single -Family Homes Including wildfire mitigation plans as part of the site plan review process for single- family homes ensures that homeowners and developers are mindful of and take an active role in mitigating the risks associated with locating in the wildland-urban interface. Best Practice: Due to the frequency with which homes are being built in wildland areas of Deschutes County, requiring Wildfire Mitigation Plans may be a useful addition to the site plan review process. Including Wildfire Mitigation Plans as required contents for the site plan review process could minimize the loss of lives and property from wildfires. A sample Wildfire Mitigation Plan from Kane County, Utah is as follows: A site plan, showing 1) the location and extent of structures and other improvements, the defensible space management zones around the structures, the driveway access for emergency vehicles, emergency water supply for fire fighting, and the locations of other specific natural and human created features, and 2) a narrative that describes in detail these same features.' Another sample of code language from Boulder County Land Use Code Article 4- 804.C.12 (See Appendix A: Boulder County, CO): 9 Kane County Wildfire Mitigation Plan. Available at: http://kane.utah.gov/att/38/store/Wildfire- Mitigation-Plan.pdf. Page 120 Community Planning Workshop ATTACHMENT 2 A Wildfire Mitigation Plan demonstrating the appropriate site location of structures, construction design and the use of ignition resistant building material, defensible space and fuel reduction around the structures, driveway access for emergency vehicles, and an emergency water supply for fire fighting. Applicable County Code: 18.36.050(A) Standards for Single -Family Dwellings in Forest Use Zone 1 and 2, 18.124.040 Site Plan Review: Contents and Procedure, and 19.76 Site Plan Review. Implications: Wildfire Mitigation Plans would ensure an action and maintenance plan in regards to wildfire be developed prior to construction and occupancy. This would ensure that the homeowner considers wildfire mitigation planning and maintenance before development and in perpetuity. The Plan would ensure the development is built to NFPA standards. It would require additional effort from homeowners and developers prior to development along with the continued maintenance as well as create restrictions to design. Wildland Fire Hazard Assessment A wildland fire hazard assessment determined through SB360 could be put to use by informing conditional use development in wildland-urban interface areas. If specific mitigation measures should be taken, they would be taken into consideration prior to development. Best Practice: This code does not indicate how the increase in fire hazard, fire suppression costs, or risk to fire suppression personnel would be measured. We suggest the county consider including language stating the fire hazard risk would be determined by a wildland fire hazard assessment. Wildland Fire Hazard Assessments have already been determined through S13360, which could be used to measure the hazard rating and applicable requirements necessary for each parcel. Other examples of this language and assessment can be found in NFPA 1144 Chapter 4, and the ICC International Wildland-Urban Interface Code. Applicable County Code: 18.36.40(B) Conditional Use in Forest Use Zone 1 and 2 Implications: A Wildland Hazard Assessment initiated before development would identify the level of risk to a property and ensure adequate mitigation standards are obtained before construction and occupancy _The assessments could require additional staff time; however, they would also provide and educational opportunity to discuss specific mitigation action items for the property to address before development. Standards for Road Identification Signs Standardized protocols regarding road identification signs and address markers can help emergency responders quickly find their destinations. As population growth into unincorporated areas continues, explicit language can standardize the location and appearance of road and address markers. km cpwiiE-E.- Deschutes County Natural Hazards Code and Program Review June 2015 Page 121 ATTACHMENT 2 Best Practice: The Code does not include language to address road identification signs or markers. Proper signage is important for emergency responders to quickly locate and identify a residence. We recommend the County consider including policies on road and address marking. The International Wildland-Urban Interface Code section 403.4 and 403.6 provide specific language addressing road and address marking.- The International Wildland-Urban Interface Code section 403.6 includes specific standards for address identification signs that could help emergency responders quickly and easily locate a residence in danger. An example of this language includes: "All buildings shall have a permanently posted address, which shall be placed at each driveway entrance and be visible from both directions of travel along the road. In all cases, the address shall be posted at the beginning of construction and shall be maintained thereafter, and the address shall be visible and legible from the road on which the address is located." Applicable County Code: Title 18.36.080 Fire Safety Design Standards for Roads Implications: Clearly identifiable signage for roads and residences helps emergency responders quickly locate and identify residences in time -sensitive situations. Wildfire Policy Options Matrix The following matrix lists each policy options listed in this document, with a condensed breakdown of applicable county code, a description of the policy option, the issues each policy option addresses, the applicability for Deschutes County, and the implications on the county if it were to adopt the option. 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" E. 9! 3 12 q V 49 mE lo 1. o :3. .1 _-i EL v w o cs o m o zm E' 2 2� -5� E' .2 4 E 'E mc Zoo' V jj E 9. A, 21 qp .2 -g o .2 1 a 'E > E 2,! 1, -E i S E 'M .2 3 N F 7R a 'u A, a o' 2 E. . .2 �! E w is m 1311? 1 pw---w o ! j A I t5 I ol o o 3 mm E :o E 2! a o r uo o - o o o o - E c o c CL IL Z� E E u o .g o o o c Z k., 1. o 3 o o 21 E -2. E V :o 'E tp —o lo 2 .1 21 K 1. o o wE -2 E L o -5 L -C 2 Em o -w -E R': 75 g o E -E 19 1 2 E E o o E �m m o w o 75, Z E E o 6 '2 o tm m . E . _. t Z g t�4 �E .2 m. pi �E E. '2 o A E 'E E' lw s 6 go 16 .6-"ol. 16 lo .6 a V J �u Z� E E u ATTACHMENT 2 CHAPTER 4: FLOOD HAZARDS This chapter identifies the risk flood poses to Deschutes County, the extent of the risk, and the rate and location of development affected by flood hazard. Following are policy options to strengthen Deschutes County Comprehensive Plan and Development Code. The policy options have been made by cross-referencing the existing development code against the County's Comprehensive Plan and the Natural Hazard Mitigation Plan (NHMP), and based upon best practices, case studies and model ordinances. Policy options are presented with descriptions of best practices, identification of the applicable county code, and details of economic, administrative, health, or environmental impacts of implementing the policy. Flood risk in Deschutes County The geological makeup and arid climate of Deschutes County makes it less susceptible to flooding than surrounding counties. Due to underlying porous volcanic rocks that have a large capacity for water storage, flooding has not been a serious problem in Deschutes County. Total precipitation in the Pacific Northwest region may remain similar to historic levels but climate projections indicate the likelihood of increased winter precipitation and decreased summer precipitation.' Increasing temperatures affects hydrology in the region. Spring snowpack has substantially decreased throughout the Western part of the United States, particularly in areas with milder winter temperatures, such as the Cascade Mountains. In other areas of the West, such as east of the Cascades Mountains, snowfall is affected less by the increasing temperature, because the temperatures 2 are already cold, and more by precipitation patterns. Deschutes County has assessed the probability of a flood event to be high (at least one flood event within the next 10 to 35 years) and the vulnerability to the population and property to be low (less than 1% of population and property expected to be affected by any one event).' Extent of flood prone areas Flooding in Deschutes County mainly occurs from prolonged warm rain on snow, 4 snowmelt flooding, or frazil ice and ice jams near Mirror Pond. There is also a potential flood hazard due to a moraine dam at Carver Lake near the Three Sisters 1 Climate Impacts Group, "Climate Change," http://cses.washington.edu/cig/­­pnwc/cc.shtml#anchor6 2 Mote, Philip W., et. al., "Variability and trends in Mountain Snowpack in Western North America," http://cses.washington.edu/db/­­pdf/moteetaIvarandtrends436.pd 3 Deschutes County Natural Hazard Mitigation Plan 2015 Update 4 Ibid Page 126 Community Planning Workshop ATTACHMENT 2 and Broken Top that could fail due to seismic activity, avalanches of rock and ice, or the unstable nature of the dam material. Historically, a few significant flooding events have affected the county. Two noteworthy floods occurred in 1909 and 1964 along the Deschutes River downstream of the Little Deschutes River at the gauge near Benham Falls. The principal sources of flooding occur from the Deschutes River, Little Deschutes River, Whychus Creek, Paulina Creek, and Spring River. These locations can potentially threaten the communities of Bend, La Pine, Sisters, and Tumalo. The annual flood season for these regions occurs approximately between October through July.' Rate and location of development Deschutes County has approved roughly 50 land use permits for some type of development in the 100 -year floodplain since 2005. Approximately 20 of these permits were conditional use permits that allowed for development of new residential structures in the floodplain. Most of the approved conditional use permits were located between Sunriver and La Pine along the Deschutes River. A majority of people in Deschutes County reside in Bend or within the unincorporated areas of the county. Deschutes County experienced a 41% increase in population between 2000 and 2013. The County Coordinated Population Forecast projects that by 2025 Deschutes County's population will increase by 48% to about 78,300 people. Between 2000 and 2013, the number of people residing in unincorporated areas grew by more than 10%, totaling 53,870 people. Forecasts estimate this number to grow to nearly 80,000 people by 2025. Existing Flood Programs in Deschutes County The National Flood Insurance Program The National Flood Insurance Program (NFIP) offers affordable flood insurance to property owners in communities that adopt and enforce minimum floodplain management regulations set by FEMA. Deschutes County participants in the NAP and continues to maintain compliance with the program's minimum standards. Homeowners with federally backed mortgages located in the floodplain zone are required to purchase flood insurance. Flood Insurance Rate Maps (FIRM) are maps which identifies the special flood hazard area and the risk premium zones for a community. Deschutes County's current FIRMs were digitally updated in 2007. In 2012, based upon data from the U.S. Census, the Federal Insurance and Mitigation Administration (FIMA), a division 5 Ibid =W!E.-�.- Deschutes County Natural Hazards Code and Program Review June 2015 Page 127 ATTACHMENT 2 of FEMA, reported that approximately 15% of Deschutes households were eligible 6 for the NFIP had policies been in force. Existing Flood Model Ordinances and Standards The following model ordinances and standards were used in the process of reviewing the County's development code in addressing flood hazard mitigation. FEMA Model Washington National Floodplain Insurance Program: Endangered Species Act Ordinance Provides guidance on ways to improve floodplain management practices while assisting communities to meet the requirements of the Endangered Species Act within FEMA Region 10. http://www.fema.gov/media-library-data/1383597893424- 4747f7O23lOa2bbc7eO4ea83d66f73f5/NFIP—ESA—Model—Ordinance.pdf Oregon Model Flood Damage Prevention Ordinance The model ordinance includes required, and recommended, standards and provisions that ensure sound floodplain management practices to comply with the National Flood Insurance Program (NFIP) in the state of Oregon! Review of Existing Policy Options for Deschutes County This section presents a review of the County's Comprehensive Pan in regards to land use and flood mitigation and identifies potential actions to strengthen current policies. The existing comprehensive plan policy language is shown in italics followed by our comments. Model development code language is shown in italics and underlined. Review of County Comprehensive Plan Policies Comprehensive Plan Policy 3.5. 10 (a): National Flood Insurance Program Community Rating System Participation The CRS is a voluntary incentive program that recognizes and encourages floodplain management activities that exceed the minimum NFIP requirements. When a community participates in the CRS, flood insurance rates are discounted to reflect 6 Community Development Department: Deschutes County. 2015. http://www.deschutes.org/sites/``default/files/fileattachments/community development/page/1189 memo re review of policies__re fires and floods.pdf 7 Oregon.gov, 2015. 'DLCD Natural Hazards Floods: Local Government'. http.*Ilwww.oregon.govILCDIHAZIpogesllocalgov.aspx Page 128 Community Planning Workshop ATTACHMENT 2 the reduced flood risk resulting from the community actions meeting the three goals of the CRS: 1. Reduce flood damage to insurable property; 2. Strengthen and support the insurance aspects of the NFIP, and; 3. Encourage a comprehensive approach to floodplain management. Best Practice: The Deschutes County Comprehensive Plan Policy 3.5.10 (a) states that the county will: Regulate development in designotedfloodplains identified on the Deschutes County Zoning Map based on Federal Emergency Management Act regulations. Participate in and implement the Community Rating System (CRS) as part of the Notional Flood Insurance Program (NFIP). CRS standards go beyond the minimum requirements of the NFIP. Adoption of CRS strengthens and supports the insurance aspects of the NFIP and encourages a comprehensive approach to floodplain management. Applicable County Code: County Comprehensive Plan Policy 3.5.10 (a) Implications: According to County Development Department staff, "based on coordination with Department of Land Conservation (DLCD), staff believes that the above -and -beyond programs of the Community Rating System (CRS) would present a low return on investment of staff time and resources." CPW recommends that the County periodically review participation in the Community Rating System. The County may choose to implement the CRS program if there is a significant increase in participation by county residents in the NFIP flood insurance program, increasing the value of reduced insurance rates, or if basic CRS activities were pre-packaged for easy deployment by DLCD, reducing the cost. Due to the County's lack of participation and implementation of the CRS program it is recommended that Comprehensive Plan Policy, 3.5.10 (a), be repealed. Comprehensive Plan Policy 3.5. 10 (a): Improving Flood Damage Insurance and Human Health Alongside the benefit of reduced insurance rates, CRS floodplain management activities enhance public safety, reduce damages to property and public infrastructure, avoid economic disruption and losses, reduce human suffering, and protect the environment. Best Practice; Community Rating System (CRS) standards go beyond the minimum requirements of the National Flood Insurance Program (NFIP). Implementation of CRS supports and strengthens the insurance aspects of the NFIP and fosters a widespread approach to floodplain management. Deschutes County Community Development staff has stated that opting into the CRS would not be worth the effort involved in participation at this time. However, the following specific CRS higher standards are worth consideration to reduce damages to property and public infrastructure, enhance public safety, reduce human suffering, avoid economic disruption and losses, and protect the environment: 432.e - Lower Substantial Improvements Threshold (See Lower and Cumulative Substantial Improvements) 432.d - Cumulative Substantial Improvements 0 431.a - Protecting Critical Facilities (See Critical Facilities) Deschutes county Natural Hazards Code and Program Review June 2015 Page 129 ATTACHMENT 2 432.a.(3) - Development Limitations (See Hazardous Materials) Utilizing these higher standards would add more clarity to the Deschutes County Code purposes section. This section of the code currently doesn't provide enough detail on the financial impacts or human health aspects of flooding. Additionally, the Oregon Model Floodplain Ordinance has sample code language that provides an emphasis on human health and financial impacts. Applicable CountV Code: Comprehensive Plan Policy 3.5.10; 18.96.040(B) County Zoning, Conditional Uses Permitted; 18.96.040(l) County Zoning, Conditional Uses Permitted; 18.96.050 County Zoning, Prohibited Uses. Implications: As stated, opting into the CIRS may not be worth the effort involved in participation at this time. However, implementing identifiable higher standards that are particularly relevant to Deschutes County will add targeted improvement to flood hazards. Roseville, CA, is one community that currently participates in the CIRS and is the only one in the country to receive a Class 1 CRS rating and it has benefited property owners and developers alike (See Appendix B: Case Study: Roseville, CA). Deschutes County can choose not to participate in the CIRS while still implementing several of the program's higher standards that will have a direct benefit to residents. Comprehensive Plan Policy 3.5.11 ft Floodplain Combining Zone Converting a base zone to a floodplain combining zone allows for each property within the zone to be appropriately designated based on the neighborhood. It would indicate restrictions and conditional development that are subject to the flood hazard in accordance with FEMA regulations. Best Practice: Deschutes County Code has three sections that include floodplain regulations (two of which are combining districts): 1. Chapter 18.96 County Zoning, Flood Plain Zone, 2. Chapter 18.108 County Zoning, Urban Unincorporated Community Zone — Sunriver (in particular 18.108.190 Flood Plain Combining District), and 3. Chapter 19.72 Bend Urban Growth Boundary Zoning Ordinance, Flood Plain Combining Zone. Repeal of the existing floodplain zones (18.96 and 18.108.190) and creation of one Floodplain Combining Zone for Title 18 County Zoning and one for Title 19 Bend Urban Growth Boundary would reduce redundancy and eliminate the increased zoning legalities (See Case Study: Marion County, OR). Applicable County Code: Comprehensive Plan Policy 3.S.11 (f): Review and revise Deschutes County Code as needed to: Make the Floodplain Zone a combining zone and explore ways to minimize and mitigate floodplain impacts. Implications: Creation of a floodplain combining zone would reduce the redundancy of two sections of Chapter 18 with floodplain regulations, help to Page 130 Community Planning Workshop ATTACHMENT 2 eliminate code interpretation challenges, and remove potential code enforcement errors. The Floodplain Zone (18.96) is currently a base zone, meaning that it has its own list of allowed uses, restrictions, and special provisions, like the Rural Residential Zone (RR -10) or Exclusive Farm Use Zone (EFU). Many properties have some Floodplain Zoning near the river with the majority of the property in a different zone. This "split -zoning" presents a number of code interpretation challenges. Creating a floodplain combining zone would help to reduce code interpretation challenges and potential code enforcement issues. REVIEW OF COUNTY DEVELOPMENT CODE This section presents a review of the county's current development code in regards to land use and flood mitigation policies and programs and identifies potential actions to strengthen current codes. In the following section the existing development code language is shown in italics followed by our comments. Model development code is shown in italics and underlined. Definitions Explicit definitions for specific words and terms utilized throughout county code assists understanding and fluidity at a common level. Best Practice: There are several definitions provided in the Oregon Model Floodplain Ordinance, Section 2.0 Definitions, that the County may choose to consider adding to the Code, including: "Below-grode Crawl Space" means an enclosed area below the base floo elevation in which the interior grade is not more than two feet below the lowest adjacent exterior grade and the height, measuredfrom the interior grade of the crawlspace to the top a f the crawlspace.Loundation, does not exceed 4 feet at any point. Note: See comment under 18.96.080(D)(4) for more information regarding below -grade crawl spaces. "Conditional Letter of Map Revision (CLOMR) means a letter from FEMA commenting on whether a proposed project, if built as proposed, woul meet the minimum NFIP standards or proposed hydrology changes. "Critical Facilit " means afacilityfor which even a slight chance offlooding might be too great. Criticalfacilities include, but are not limited to schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste. "Elevated Building" means for insurance purposes, a non -basement building which has its lowest elevatedfloor raised above ground level byfoundation walls, shear walls, post, piers, pilings, or columns. C"PWi_=_,- Deschutes County Natural Hazards Code and Program Review June 2015 Page 131 ATTACHMENT 2 "Substantial Damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the morket value of the structure before the damage occurred. Applicable County Code: 18.04 Definitions Implications: Adopting specific definitions of commonly used words or phrases will reduce ambiguity. Clear definitions make standards more transparent for developers and homeowners. Purpose Statement A purpose statement is a declarative sentence or list that summarizes the specific topic and goals near the beginning of a document to give readers an accurate, concrete understanding of what will be covered in the text. Best Practice: The Deschutes County Code does a good job of addressing environmental impacts, but only has a broad scope of addressing human health. There is also no focus on the financial impact of flooding; from money for flood control projects to economic impacts on business interruptions. The Oregon Model Floodplain Ordinance, Section 1.3 Statement of Purpose, provides specific language that illustrates the potential financial impact from flooding ranging from mitigation efforts to loss of business interruptions. Section 1.3 Statement of Pu 1) To protect human life ond health; 2) To minimize expenditure of public money and costlyflood control projects; 3) To minimize the needfor rescue and relief efforts associated with flooding and generally undertaken at the expense of the general pubAC, 4) To minimize prolonged business interruptions; 5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of specialflood hazard; 6) To help maintain a stable tox base by providing for the sound use and development of areas of special flood hazard so os to minimize future flood blight arg�q� 7) To ensure that potential buyers are notified that property is in on area of specialflood hazard; and, 8) To ensure that those who occupy the areas of special flood hozord assume responsibility for their actions. ApplLicable County Code. 18.96.010 Purposes Implications: Expanding the purpose statement to include economic impacts will directly support Deschutes County Comprehensive Plan Section 3.5, Goal 1 "Protect people, property, infrastructure, the economy and the environment from natural hazards." Page 1 32 Community Planning Workshop ATTACHMENT 2 Designation of Local Floodplain Administrator The duties of the local floodplain administrator are varied and include several tasks including: Review and evaluate development permit applications, issue permits, and maintain required records according to NFIP regulations. Best Practice: The designation of the local floodplain administrator and their duties and responsibilities are covered in 18.96.020 and 18.96.070. The duties, however, could be more explicit and ensure that the elevation certificate, base flood elevation, and substantial damage requirements of the National Flood Insurance Program are explicitly referenced. The Oregon Model Floodplain Ordinance, Section 4.3 Duties and Responsibilities of the Local Administrator, provides more explicit language: 4.3 Duties and Responsibilities of the Local Administrator Duties of the local administrator shall include, but not be limited to: 4.3-1 Provide Base Flood Elevation and Freeboard When base flood elevation has been provided in accordance with Section 3.2, Basis for Establishing the Areas of Special Flood Hazard, and the local administrator shall provide it to the Building Official along with any freeboard requirements established in Section 5.2 Specific Standards. When base flood elevation data has not been provided (A and V Zones) in accordance with Section 3.2, Basis for Establishing the Areas of Specia Flood Hazard, the local administrator shall obtain, review, and provide any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Sections 5.Z Specific Standards, and 5.3 Floodways and the Building Codes. Applicable County Code: 18.96.020 Designated Areas; 18.96.070 Application for Conditional Use Implications: Adoption of Oregon Model Floodplain Ordinance, Section 4.3, will address changes in 2014 Oregon Residential Specialty Code, which removed NFIP duties from building code. Hazardous Material The storage of hazardous material in the floodplain poses a serious threat to residents in the event of a flood. Stored materials can become debris during flooding when river currents dislodge and move materials across the floodplain. Best Practice: The Deschutes County Code does not explicitly prohibit storage of hazardous materials in the floodplain. Prohibiting storage of hazardous materials in the floodplain is critical in reducing the damage caused by floods. The Model Washington NFIP-ESA Ordinance, Section 5.3 Hazardous Materials, offers explicit language for prohibiting hazardous materials in the floodplain: C"PZ-r.=-.---' Deschutes County Natural Hazards Code and Program Review June 2015 Page 133 ATTACHMENT 2 Section 5.3 Hazardous Materials: A. No new development shall create a threat to public health, public so ety L or water quality. Chemicals, explosives, gasoline, propane, buoyant materials, animal wastes, fertilizers, flammable liquids, pollutants, or othe materials that are hazardous, toxic, or a threat to water quality are prohibitedfrom the Special Flood Hazard Area. This prohibition does not apply to small quantities of these materials keptfor normal household use. This prohibition does not apply to the continued operations of existing facilities and structures, reuse of existing facilities and structures, a functionally dependent facilities or structures. Applicable CountV Code: 18.96.040 (B) Conditional Uses Permitted Implications: Utilizing more specific language for hazardous materials will add to the safety and health of the public during and after a flood. Adoption of hazardous materials storage prohibition in the floodplain supports Oregon's Statewide Planning Goal 7 Implementation Guidelines: "Local governments should consider measures that exceed the National Flood Insurance Program (NFIP) such as: prohibiting the storage of hazardous materials in floodplains or providing for safe storage of such materials." implementation of this policy may require additional staff time for monitoring. Lower Substantial Improvements Threshold A substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure that will cost 50% of the market value of the structure before improvements begin. Best Practice: The National Flood Insurance Program minimum requirement treats any construction that will incur improvements totaling more than 50% of the market value of the structure as a new structure. This means the structure will need to be elevated above base flood elevation and meet other flood protection measures specified by the NFIP. A lower substantial improvements threshold (example 25%, 40%, etc.) standard allows improvements valued at up to 50% of the building's pre -improvement value to be permitted without meeting the flood protection requirements for buildings located in the special flood hazard area. Applying this would require structures to comply with NFIP requirements if improvements met the lower threshold. Applicable CountV Code: 18.96.040(l) Conditional Uses Permitted Implications: Adoption of the standard applies to expansion or substantial improvement of an existing dwelling, an agricultural related structure, a commercial, industrial or other non-residential structure, or an accessory building in a floodplain. Implementation of the standard would increase the minimum requirement of the NFIP and treat any structure that incurs improvements totaling the new threshold standard (25%, 40%, etc.) of the market value of the structure as a new structure. Adoption of the policy may require additional staff time for permit assessment. Page 134 Community Planning Workshop ATTACHMENT 2 Cumulative Substantial Improvements A substantially improved structure must be brought into compliance with NAP regulations and other requirements in the local ordinance for new construction. This will include cumulative damages incurred over time to the structure. Best Practice The National Flood Insurance Program minimum requirement treats any construction that will incur improvements totaling more than 50% of the market value of the structure as a new structure. This means the structure will need to be elevated above base flood elevation and meet other flood protection measures specified by the NFIP. Different from a lower substantial improvement threshold, cumulative substantial improvement ensures that the total value of all improvements or repairs permitted overtime does not exceed 50% of the value of the structure. According to FEMA's Higher Floodplain Management Regulatory Standards, some communities have begun to track these improvements over time (i.e., the structure must be elevated if they received flood damage two times over the past 10 years, of which the cost to repair after each flood equals 25% of the market value on average). In addition, applying the standard to cumulative substantial improvement would apply the NFIP regulation for improvements over the lifetime of the structure. Applicable Countv_Code. 18.96.040(1) Conditional Uses Permitted Implications: Adoption of the standard applies to expansion or substantial improvement of an existing dwelling, an agricultural related structure, a commercial, industrial or other non-residential structure, or an accessory building in a floodplain. Adoption of the standard would increase the minimum requirement of the NAP and treat any structure that incurs improvements totaling more than 50% of the market value of the structure over the lifetime of the structure, as a new structure. Implementation of the policy would require additional staff time for assessment and management of permits over time. Critical Facilities Critical facilities are vital to flood response activities or critical to the health and safety of the public before, during, and after a flood, such as a hospital, emergency operations center, electric substation, police station, fire station, nursing home, school, vehicle and equipment storage facility, or shelter. Facilities that, if flooded, would make the flood problem and its impacts much worse, such as a hazardous materials facility, power generation facility, water utility, or wastewater treatment plant. Given this, it is prudent to require these facilities to be sited outside of the floodplain unless no viable alternative exists. Best Practice: The Deschutes County Code does not define critical facilities or prohibit development in the special flood hazard area. The Model Washington NFIP-ESA Ordinance, Section 5.4 Critical Facility, defines and provides language specific to critical facilities: C"PWV�.--_=__' Deschutes County Natural Hazards Code and Program Review June 2015 Page 135 ATTACHMENT 2 Critical facility: A structure or other improvement that, because of its function, size, service oreo, or uniqueness, hos the potential to couse serious bodily horm, extensive property domoge, or disruption of vital socioeconomic octivities it is destroyed or domoged or if its functionality is impaired. Critical facilities include health and safety focilities, utilities, government facilities, on hazardous materials faciliti?S. For the purposes of a local regulation a community may also use the International Codes' definition for Category and IV buildings. 5.4. Critical Facilities A. Construction of new criticalfacilities shall be, to the extent possible, located outside the limits of the Special Flood Hazard Area. B. Construction of new criticalfacilities in the Special Flood Hazard Area shall be permissible if no feasible alternative site is availoble provide 1. Criticalfacilities shall hove the lowestfloor elevoted three feet above the base flood elevation or to the height. of the 500-yeorflood, whichever is higher. If there is no available data on the 500-yearflood, the permit applicants shall develop the needed doto in accordance with FEMA mapping guidelines. 2. Access to andfrom the critical facility shall be protect to the elevation of the 500-yearflood, An additional provision regarding hazardous materials facility, power generation facility, water utility, or wastewater treatment plant located in the floodplain is provided by the Oregon Model Floodplain Ordinance, Section 5.7 Critical Facility: Floodproofinq and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Applicable County Code: 18.96.050 Prohibited Uses Implications: Adoption of critical facilities prohibition in the floodplain supports Deschutes County Comprehensive Plan Policy 3.5.6: "Critical facilities (schools, churches, hospitals and other facilities as defined by the Federal Emergency Management Agency) should be located outside high risk natural hazard areas, where possible." Implementation of this policy may require additional staff time for permit assessment. Below -grade Crawlspaces Crawlspace foundations are commonly used in some parts of the nation to elevate the lowest floors of residential buildings located in Special Flood Hazard Areas above the Base Flood Elevation (BFE). Crawlspaces that have their floors below BFE Page 136 Community Planning Workshop ATTACHMENT 2 must have openings to allow the equalization of flood forces. Crawlspaces should be constructed so that the floor of the crawlspace is at or above the lowest grade adjacent to the building. Best Practice: Defining below -grade crawlspaces is important for both developers and property owners to ensure that flood damage is kept to a minimum. The Oregon Model Floodplain Ordinance section 4.3.3(l) explicitly lists "below -grade crawl spaces" in addition to the requirements of 18.96.070(E). It's recommended that the county consider specifically listing "below -grade crawl spaces" in relation to elevation of the lowest habitable floor. A definition for below -grade crawl space has been offered in the section on Definitions (18.04). Applicable CountV Code: 18.96.070. Application for Conditional Use. Implications: Adoption of the policy would require that each applicant enter into a non -conversion deed declaration for construction within flood hazards areas or equivalent. The deed would be recorded and in a form that the Floodplain Administrator finds acceptable. This may require additional staff time for the permit process. Conditional Letter of Map Revision (CLOMR) A CLOMIR is FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations, or the Special Flood Hazard Area. The letter does not revise an effective NAP map, but rather it indicates whether the project, if built as proposed, would be recognized by FEMA. Best Practice:. The Oregon Model Floodplain Ordinance section 4.3.4(4) provides specific language requiring an applicant to obtain a CLOMIR from FEMA before encroachments are permitted. Deschutes County Code does not currently explicitly require this. It's recommended the County adopt similar language to the following: (4) Applicants shall obtain o Conditional Letter of Map Revision (CLOMR) from FEMA before any encroochment, including fill, new construction, substantial improvement, or other development, in the regulatory floodwo is permitted The applicant shall be responsible for preparing technical doto to support the CLOMR application and paying any processing or application fees to FEMA. Applicable County Code: 18.96.080(B) Criteria to Evaluate Conditional Uses Implications: Adoption of the policy would require that any applicant prepare technical data to support the CLOMIR application and pay processing or application fees to FEMA prior to any encroachment. This will prevent the alteration or relocation of water course without prior approval or notification to adjacent communities. This may require additional staff time for permit assessment. C1',P1W"1,,.�.E- Deschutes County Natural Hazards Code and Program Review June 2015 Page 1 37 ATTACHMENT 2 Density and Provision of Open Space Designating open space in the Special Flood Hazard Area (SFHA), and limiting the density of development in this area allows for flood waters to overrun natural land uses, while protecting the more densely developed areas outside the SFHA. Best Practice: The Deschutes County Code currently requires all subdivision and partition proposals to "be consistent with the need to minimize flood damage." However, the code fails to address the density of development or adds a provision for open space. Model Washington NFIP-ESA Ordinance provides an example of open space use requirements to manage density in the floodplain: Section 5.1 Subdivisions. B. The proposed subdivision must have one or more new lots in the Specia Flood Hazard Areas set aside for open space use through deed restriction, easement, subdivision covenant, or donation to a public agency. 1. In the Special Flood Hazard Area outside the Protected Area, zoning mus maintain a low density offloodplain development. 2. In the Special Flood Hazard Area outside the protected area in which the current zoning is less than 5 acres must maintain the current zoning. 3. The density of the development in the portion of the development outside the Special Flood Hazard Area may be increased to compensate for the amount of land in the Special Flood Hazard Area preserved as open space in accordance with (section of the community's zoning or other developmen ordinance that allows PUDs ondlor transfers of development rights). C If a parcel has a buildable site outside the Special Flood Hazard Area, i shall not be subdivided to create a new lot, troct, or parcel within a binding site plan that does not have a buildable site outside the Special Flood Hazard Area. This provision does not apply to lots set aside from development and preserved as open space. Applicable County Code: 18.96.080(E) Subdivision and Partition Proposals Implications: Adoption of density restriction and allocation of open space in the floodplain supports Oregon's Statewide Planning Goal 7 Implementation Guidelines: "In adopting plan policies and implementing measures to protect people and property from natural hazards, local governments should consider: the benefits of maintaining natural hazard areas as open spaces, recreation and other low density uses." This could require additional costs to developers; however, it can also be used as a useful marketing and real estate tool. This may require additional staff time for permit assessment. Access Roads An access road that is built at or above the floodplain elevation provides an evacuation route for residents, as well as an emergency response route for emergency responders. Page 138 Community Planning Workshop ATTACHMENT 2 Best Practices: Providing access roads that can be utilized during a flood event is critical for emergency response and the evacuation of residents. Current Deschutes County code does not provide regulations to ensure subdivisions are accompanied by access roads that are both connected to land outside the floodplain and above the floodplain elevation. There is specific language listed in the Model Washington NIFIP-ESA Ordinance Section 5.1(E) that addresses evacuation safety of residents in the event of a flood. Section 5.1 Subdivisions E. All proposals shall ensure that all subdivisions have at least one access road connected to land outside the Special Flood Hazard Area with the surface of the road at or above the FPE wherever possible. Applicable County Code: 18.96.080(E) Subdivision and Partition Proposals Implications: Adoption of this policy supports Oregon's Statewide Planning Goal 7 Implementation Guidelines: "Local governments should give special attention to emergency access when considering development in identified hazard areas." This may require additional staff time for permit assessment. Filed Notice on the Final Recorded Subdivision Plat The final plat is the legal document that is recorded with the County Recorder's office. The sale of subdivided lots can only proceed after this recording. Adding a field notice to the final plat meets the requirements for Community Rating System credits. Best Practices: Current county code does not require subdivisions located within the Special Flood Hazard Areas (floodplain), a channel migration area, or a riparian habitat zone to be accompanied by field notice on the final recorded subdivision plat. If the county were to include this requirement, Deschutes County would qualify for Community Rating System (CRS) credit. The Model Washington NFIP-ESA Ordinance utilizes notification language for the county to consider: G. The final recorded subdivision plat shall include a notice that port of the property is in the SFHA, riparian habitat zone andlor channel migration area, as appropriate. Applicable Countv Code: 18.96.080(E) Subdivision and Partition Proposals Implications: Adoption of this policy supports Oregon's Statewide Planning Goal 7 Implementation Guidelines: "Local governments should evaluate the risk to people and property based on the new inventory information and an assessment of the types and intensities of land uses to be allowed in the hazard area." This may require additional staff time for the permit process. Maintenance Plan or Emergency Action Plan A Maintenance Plan ensures that a building maintains floodproofing protection measures and outlines how the plan will be executed. An Emergency Action Plan details the facilitation and organization of individuals during an emergency, while "'ga-r Deschutes County Natural Hazards Code and Program Review June 2015 Page 1 39 CZ ATTACHMENT 2 also outlining where people will go based on the emergency, what triggers the implementation of the plan, and who is responsible for executing the plan. Best Practices: Implementing a comprehensive Maintenance Plan or an Emergency Action Plan provides community assurance that floodproofing protection measures are preserved and that building operators implement a plan of action for the installation and sealing of the structure for nonresidential construction prior to flooding. Deschutes County Code does not currently have any provisions addressing either of these plans. The Oregon Model Floodplain Ordinance has specific language that the County may consider: 5.2.2(6) Applicants shall supply a comprehensive Maintenance Plan for the entire structure to include but not limited to: exterior envelope of structurg; all penetrations to the exterior of the structure; a// shields, gates, barriers or components designed to provide floodproofing protection to the structure; a// seals or gaskets for shields, gates, barriers, or components; and, the location of all shields ates, barriers and components as well as all associated hardware, and any materiols or specialized tools necessory to seal the structure. 5.2.2 (7) Applicants shall supply an Emergency Action Plan (EAP) for the Installation and sealing of the structure prior to a flooding event that clear identifies what triggers the EAP and who is responsible for enacting the EA A Applicable CountV Code: 18.96.080(G)(2) Nonresidential Construction Implications: Adoption of this policy may require additional staff time for individual assessments, provides specific mitigation and response action items for property owner to address. Manufactured Homes A manufactured home is a structure that is transportable in one or more sections that is built on a permanent chassis and designed for use with or without a permanent foundation when attached to required utilities. Anchoring these structures to a permanent foundations helps to resist flotation, collapse, or lateral movement during a flood event. Best Practices: Deschutes County Code does not currently state that manufactured homes must be anchored to prevent them from serious damage in the event of a flood. Utilizing specific language addressing this will reduce damages during and after a flood event. Oregon Model Floodplain Ordinance 5.2.3(l) has specific language for the County to consider: (1) All manufactured homes to be placed or substantially improved sites on: (i) Outside of a manufactured home park or subdivision (ii) In a new monufactured home park or subdivision, (iii) In an eXponsion to on existing manufactured home park or subdivision, or Page 140 Community Planning Workshop ATTACHMENT 2 fly) In an existina monufactured home park or subdivision on which a monufoctured home hos incurred "substontial domoge" os the result of a flood; (y) sholl be elevoted on a permanent foundotion such that the finished floor of the manufactured home is elevated to a minimum 18 inches L46 cm)2 above the base flood elevation and be secure anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement. Applicable County Code: 18.96.080(G)(3) Manufactured Homes Implications: Adoption of this policy supports the Deschutes County Comprehensive Plan Section 3.5, Goal 1: "Protect people, property, infrastructure, the economy and the environment from natural hazards." This will require additional staff time for individual assessment. Flood Policy Option Matrix The following matrix lists each policy option listed in this document, with a condensed breakdown of applicable county code, a description of the policy option, the issues each policy option addresses, the applicability for Deschutes County, and the implications on the county if it were to adopt the option. Sections that are highlighted in grey are areas that the county may want to initiate their code update review process. C"PWi=--.-:r Deschutes County Natural Hazards Code and Program Review June 2015 Page 141 c .2 CL 0 IL v 0 2 tA 3: 12 .2 tg Z P E 16 1.2 2 2 -0 :e 12 f I. 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A 2. 4 E o lo o o i2 o o 'E o o o o w o E tj o. o o 2 o E So o E A cy c o r —o o o .2 w S .2 2 E 1. ol o o o o oo mw .1 Am 'o , o o I E c o o o > o o o. w o A 2 SE E ZS lz A, m o mo 1.5 u, < od&,-.—�g' R Jz ot Zr o. -o go q a a Z u o o u t zo i o < . El 0 o E E o o ATTACHMENT 2 CHAPTER 5: RECOMMENDATIONS Based on our review of current Deschutes County Code, CPW identified several areas where language can be expanded upon, language from model ordinances can be added, and language can be condensed to reduce redundancy. The intent of the code review and identification of policy options was to identify code amendments that can enhance the county's ability to prepare for and recover quickly following a hazard event. For many issues, CPW identify multiple options. The county should carefully examine each option determine which option is most appropriate. All of policy options identified in this report reflect areas that will add safety measures not explicitly seen in current language. This chapter presents CPW's recommendations regarding policy options. Our recommendations were informed through two work sessions with the Deschutes County Planning Commission and one work session with the Deschutes County Board of County Commissioners. We also discussed and reviewed the options with Community Development Department staff. Because the code amendments are legislative changes, the county will be required to conduct public hearings for any amendment. Amendments are also subject to review and acknowledgement by the state Land Conservation and Development Commission (LCDC). Recommendations To assist county staff in evaluating the policy options presented in this report, we grouped our recommendations into three areas: (1) combining zones; (2) higher standards; and (3) code requirement clarity. At the direction of staff and the Planning Commission, the recommended policy options are prioritized. Adopt Wildfire and Flood Combining Zones To more efficiently regulate development in hazardous areas and consistently apply development standards, CPW recommends that the county draft and adopt a wildfire combining zone. We also recommend the county consolidate the Title 18.96 Flood Plain Zone, Title 18.108.190 Flood Plain Combining District, and Title 19.72 Flood Plain Combining Zone into a single Flood Plain Combining Zone within Title 18 of the County Code (County Zoning). Implementation of a wildfire combining zone will make interpretation and application of development standards easier when mitigating wildfire risk. The creation of a wildfire hazard combining zone would eliminate the need to individually prescribe wildfire provisions for each base zone. Many of the wildfire - specific best practices and standards presented in this report can be included within a combining zone. Consolidation of the floodplain zone will help to reduce redundancy in the development code, help to eliminate code interpretation challenges, and reduce the potential for code enforcement errors. Furthermore, developers and property Page 146 Community Planning Workshop ATTACHMENT 2 owners benefit from clear, consistent requirements that can be found in a single location within Deschutes County Code Title 18. Adopt Higher Standards CPW recommends the County review adopt the recommended wildfire and flood standards to increase the safety and well-being in Deschutes County. Wildfire policy options include adoption of National Fire Protection Association (NFPA) regulations 1141 and 1144 and from the International Code Council. These options include: NFPA 1144 and ICC Wildland Fire Hazard Assessment. We recommend the county adopt standards that require an assessment be initiated before development to identify the level of risk to a property and ensure adequate mitigation standards are obtained before construction and occupancy. NFPA 1141, NFPA 1144, and ICC's Fire Prevention and Control Plan. We recommend the county adopt standards that require subdivisions address water supply, access, building ignition and fire -resistance factors, fire protection systems and equipment, defensible space, and vegetation management. ICC International Fire Code. We recommend the county adopt standards for road identification signs to improve visibility for emergency responders to locate properties in danger. CPW recommends the county adopt elements of the NFIP's Community Rating System as standards. The CRS standards presented to the Board of County Commissioners and county staff include: 431L.a Protecting Critical Facilities. Protecting critical facilities is vital to reducing damages caused by flood and improves the county's ability to respond to the needs of residents during a disaster. 432.a.(3) Development Limitations (prohibit hazardous materials). Prohibiting storage of hazardous materials in the floodplain also reduces adverse impacts by removing materials that may cause contamination during a flood event. 432.d Cumulative Substantial Improvements. Adoption of a substantial improvements policy reduces the future of flood damage by requiring homeowners to bring existing structures into compliance with NFIP regulations. Instead of tracking improvements annually, cumulative substantial improvements track the improvements over the lifetime of the structure. 432.e Lower Substantial Improvements Threshold. The lower substantial threshold standard recommends that the county lower the cost of improvement to less than 50% of the market value structure. Lowering the threshold provides a mechanism that ensures an increased investment in flood hazard areas will receive the needed protection from flood risk. C11=—W11'--;E Deschutes County Natural Hazards Code and Program Review June 2015 Page 147 ATTACHMENT 2 Increase Clarity in Code Requirements Increasing clarity in policy requirements for developers and homeowners will reduce potential misinterpretation of the code and ease the process of complying with development requirements. Wildfire policies that increased clarity include wildfire mitigation plans for subdivisions and single-family homes. Specific wildfire mitigation plans would include requirements such as a wildfire hazard assessment, defensible space standards, emergency vehicle access, and water supply that are clear to developers and homeowners. Lucid policy language for wildfire management plans would help reduce time and costs to prepare the plans and reduce risk to property and lives. Explicit requirements for defensible space and road identification signs are also examples of increasing clarity for developers and homeowners. These policies would also ensure that all applicants consistently comply with the same requirements. Flood policies that increase transparency include flood definitions. Clear definitions for critical facilities and below-grade-crawlspaces help identify these terms and make standards more transparent for developers and homeowners. Prioritized Policy Recommendations This report identifies a range of policy and programmatic options for the county to consider based on model ordinances, best practices, and case studies. Based on input from the Deschutes County Planning Commission and the Board of County Commissioners, CPW prioritizes the policy options in the following order (the policy option is identified within parentheses as found in Tables 3 and 4 above): • Adopt higher wildfire standards from NFPA 1141, 1144 and the ICC (W5, W6, W14) • Adopt higher CRS standards: lower substantial improvements threshold, cumulative substantial improvements, protecting critical facilities, and development limitations (FI, F2, F3) • Implement floodplain and wildfire combining zones (F5, WI) • Prohibit wooden shake building materials in wildfire hazard zones (W2) • Require defensible space standards in wildfire hazard zones (W4) • Apply additional regulations to development on slopes greater than 25% (W3) • Require Wildfire Mitigation Plans for subdivisions and single-family homes in wildfire hazard zones (W13) • Require fire protection proof from subdivisions before development (W8) CPW believes these options will have the biggest impacts in terms of reducing risk from natural hazards of flood and wildfire to property and lives. These model policies, best practices, ordinances, and case studies across the nation and will help the county improve the development process, save costs on rescue efforts, and most importantly reduce risk to the community. Page 148 Community Planning Workshop ATTACHMENT 2 APPENDix A: WILDFIRE CASE STUDIES This appendix summarizes case studies from communities around the West that have novel approaches to addressing the wildfire hazard. The following case studies from Boulder County, CO, Ashland, OR and Rancho Bernardo, CA all serve as evidence to support the best practices presented in the body of this document. Case Studies Ashland, OR This case study presents evidence supporting the usefulness of Fire Prevention and Control Plans in hazardous areas. As it is in the same state as Deschutes County, Ashland could serve as a useful example of implementation in Oregon. Boulder County, CO This case study describes and evaluates Boulder County's implementation of Wildfire Mitigation Plans, as well as documents how residents have responded by maintaining defensible space. Rancho Bernardo, CA This case study documents the aftermath of a wildfire in Southern California, and demonstrates the dangers of development on steep slopes. C"PWi,-.=-.-,, Deschutes County Natural Hazards Code and Program Review June 2015 Page 149 ATTACHMENT 2 Case Study: City of Ashland, OR The purpose of this case study is to describe and evaluate the City of Ashland's use of a Wildfire Hazard Area Zone and Subdivision Fire Prevention & Control Plan. This case study provides a brief background on Ashland's history of wildfire, describes Ashland's Wildfire Hazard Area Zone and Subdivision regulations, evaluates the significance of the case study and identifies its relevancy to Deschutes County's goal of natural hazards mitigation. Background Ashland is located in Jackson County in Southern Oregon and is situated in an area of high risk to wildfire. After the region experienced severe losses during the 1987 fire season, the city decided to assess their wildfire risk and develop regulations to mitigate the risk. A site-specific survey was conducted by Ashland's fire department and Oregon Department of Forestry to map the wildfire hazard areas within the Urban Growth Boundary. It was determined that 1,100 acres in Ashland is categorized as a wildfire hazard area. Some key criteria in the survey included: connectivity of fuel, roofing material, density of vegetation, and slope. Increased development pressure led to a policy change in the wildland urban -interface to their land use code starting in the 1980's. Current Regulations/Program As a result of the wildfire hazard rating mapping process described above, a Wildfire Hazard Zone Overlay was defined in 1992 in land use Chapter 18.62: Physical and Environmental Constraints. The goal of this policy is to provide clear and objective standards regarding wildfire mitigation to property owners. Property owners know exactly what size fuel break they need to install and how to maintain it as well as clear building code requirements. The subdivision code outlines a clear Fire Prevention & Control Plan stressing the need of cooperation between the planning department and fire/emergency management agencies. Example regulations in Ashland's Municipal Code 18.62.110 Physical & Environmental Constraints: Development standards for Class E lands (wildfire hazard areas) include: Ashland Municipal Code 18.62.090 Physical & Environmental Constraints: Development Standards for Wildfire Lands includes subdivision requirements for a Fire Prevention & Control Plan. Elements of this plan include: 0 A Fire Prevention and Control Plan shall be required with the submission of any application for an outline plan approval of a Performance Standards Development, preliminary plat of a subdivision, or application to partition lands that contain areas designated as Wildfire Hazard areas. 0 Criterion for Approval. The hearing authority shall approve the Fire Prevention and Control Plan when, in addition to the findings required by this chapter, the additional finding is made that the wildfire hazards present on the property have been reduced to a reasonable degree, Page 1 50 Community Planning Workshop ATTACHMENT 2 balanced with the need to preserve and/or plant a sufficient number of trees and plants or erosion prevention, wildlife habitat, and aesthetics. Significance Since the Wildfire Hazard Zone and Fire Prevention & Control Plan have been in place, there has not been any loss of property or life to wildfire in that region. However, this designated wildfire hazard zone is only currently mapped in a small portion of the city, which is surrounded by many other assessed hazardous areas without regulation. The City is now requesting for the Wildfire Hazard Area Zone to be extended to be City-wide so that the entire city would be subject to regulations such as a ban on wooden shake roofs and use of defensible space and fire-resistant landscaping. In 2009, the Siskiyou Fire evacuated 109 home and a school all of which were not inside the Wildfire Hazard Zone. Again in 2010, the Oak Knoll Fire burned 11 homes, which were also outside the Wildfire Hazard Zone. These wildfires did not cause any damage inside the Wildfire Hazard Zone, however, were just outside the border and had the potential to damage other homes. This is the reason why the City would like to expand this zone to ensure that wildfire does not spread due to homes not required to follow wildfire prevention measures such as prohibiting wooden shake roofs and keeping fire-resistant landscaping. Relevance Deschutes County currently has stated that the entire county is in a Wildfire Hazard Zone. The Wildfire Hazard Zone has been defined in the development code in Title 15.04.085, however, there aren't any regulations associated with it. A Wildfire Hazard Zone with regulations such as the City of Ashland could be a useful measure to ensure protection of life and properties from wildfire risk before development occurs. The County also does not require wildfire mitigation plans prior to development for subdivisions such as the Fire Prevention & Control Plan with the City of Ashland. A specific plan requirement with explicit criteria to address would help developers understand expectations and proactively prevent wildfire risk. Citations "City of Ashland, Oregon - Fire — Wildfire Hazard Zone Expansion." City of Ashland, Oregon — Fire. September 25, 2014. Accessed May 28, 2015. http://www.ashland.or.usIPage.asp?NavlD=16530 Community Planning Workshop & Oregon Department of Land Conservation & Development, "Planning for Natural Hazards: Wildfire TRG." Technical Resource Guide, Salem, Oregon, 2000. Deschutes County Natural Hazards Code and Program Review June 2015 Page 151 ATTACHMENT 2 Case Study: Boulder County, CO The purpose of this case study is to describe and evaluate Boulder County's use of a Wildfire Mitigation Plan. This case study provides a brief background on Boulder County's history of wildfire, describes Boulder County's regulations, evaluates the significance of the case study and identifies its relevancy to Deschutes County's goal of natural hazards mitigation. Background Boulder County has been facing an increase of population pushing development into the wildland-urban interface. These forested lands have very high risk for wildfire due to fire suppression policies allowing vegetation density to grow to 10- 100 times its normal state, steep terrain, drought, high summertime temperatures and high winds. These dangerous conditions along with the increase of population into the wildland-urban interface have increased the challenging ability for emergency responders to protect lives and properties. A devastating fire, the Black Tiger Fire on Sugarloaf Mountain in 1989, burned 2,100 acres, destroyed 44 homes, caused losses of $10 million, and required 500 firefighters to contain the fire. To help reduce the risk of wildfire to lives and properties, Boulder County implemented a requirement in 2000, to all new homes being built in wildfire hazard areas, to include a Wildfire Mitigation Plan. Current Regulations/Program The Wildfire Mitigation Plan requirement is for all new homes built in wildfire hazard risk areas. The Plan is to ensure that the home is properly sited before development, creates adequate defensible space, provides for emergency access and water supply, and requires the homeowner to continue routine maintenance around the property to help protect and prevent the spread of wildfire. This Plan is to be submitted with a Building Permit Application and will be part of the review process before a permit is issued. Significance Since the implementation of the requirement for Wildfire Mitigation Plans in wildfire hazard risk areas, a 2007 survey found that 97% of residents in Boulder County maintain defensible space. Since the Wildfire Mitigation Plan requirement has been in place, residents have become more aware of the importance of defensible space; and take an active role in mitigating the risks associated with living in wildfire hazard areas. Relevance Boulder County and Deschutes County face similar conditions in terms of population change, topography and climate. Like Boulder County, Deschutes County is also facing an increased population moving to the wildland-urban interface into wildfire hazard areas. These hazardous areas contain dense vegetation and sometimes steep slopes. A warmer climate with high summertime Page 152 Community Planning Workshop ATTACHMENT 2 temperatures as well as a newly declared drought has threatened the risk of wildfire. Currently, Deschutes County does not require homeowners to have a Wildfire Mitigation Plan before development and has only relied on non -regulatory projects from Project Wildfire to reduce dense vegetation. Requiring a Wildfire Mitigation Plan before development with maintenance requirements will help ensure that homes and homeowners are aware and protected in the event of a wildfire. Citation Boulder County Community Wildfire Protection Plan. 2011. http://www.bouldercounty.org/doc/­­`forest/cwppbooklowres.pd Boulder County Land Use Department Publications, Wildfire Mitigation Plan. Boulder County. March 14, 2013. http://www. bou I dercou nty.org/d oc/forest/w02wi ldf i rem itigation plan. pdf "The Black Tiger Fire." The Black Tiger Fire. Accessed June 8, 2015. http://www. bou I dercou nty.org/property/­­­f orest/pages/blacktigerf ire. aspx =Pwl�-=- Deschutes County Natural Hazards Code and Program Review June 2015 Page 153 ATTACHMENT 2 Case Study: Steep Slopes in Rancho Bernardo, CA The purpose of this case study is to describe and evaluate the effectiveness of developing on slopes less than 20% in wildfire hazard areas. This case study provides a brief background on the Witch and Guejito wildfires, describes the correlation between structural loss and slopes greater than 20%, and provides reason for this concept's relevance in Deschutes County. The evaluation of this wildfire event bears direct significance to wildfire mitigation practices in Deschutes County. Background The National Institute for Standards and Technology (NIST) was invited by the California Department of Forestry and Fire Prevention (CAL FIRE) to collect post - incident data from fires occurring in October 2007. The case study is focused on the Trails development at Rancho Bernardo, north of San Diego. There were 270 homes in the Trails community, 242 of which were within the fire perimeter. Of those, 74 homes were completely destroyed and 16 were partially damaged. Field measurements included roof type, defensible space, exposure to steep slopes, and several Firewise treatment techniques. The majority of the hazard mitigation treatments evaluated at the Trails Community appeared to be applicable even if they were not all individually effective. Effects of Development on Steep Slopes Among the numerous landscape and structural traits observed after the fires, the NIST found a significant pattern of increased destruction to residential structures with increased exposure to slopes greater than 20%. Increasing slope was associated with an increased likelihood for structural damage or destruction. Table 5 Statistics on Structural Damage/Destruction during the 2007 Witch and Guejito Fires. 0-10% 12 1 8.3% 10-20% 117 29 24.8% 20-30% 74 31 41.9% 30-40% 37 27 73.0% 40-50% 2 2 100.0% Source: National Institute for Standards and Technology Relevance Deschutes County currently regulates development on slopes in Title 18.113 Destination Resorts, as well as Title 18.36 and Title 18.40 Forest Use Zones. Page 15 Community Planning Workshop ATTACHMENT 2 Development in Destination Resort development zones is limited to occur on slopes less than 25%. Development in Forest Use Zones is limited to slopes less than 40%. Development in all other zones appears to be unregulated in regards to steep slopes. Given that much of the residential development in Deschutes County's unincorporated areas occurs in the wildland-urban interface, preemptive measures should be taken - to the greatest extent possible- to reduce the risk of structural damages or destruction resulting from wildfire events. This case study serves as direct evidence that structures exposed to slopes greater than 20% are more likely to be damaged or destroyed in a wildfire event. Citation National Institute of Standards and Technology. U.S. Department of Commerce. Last modified May 2013. http://nvlpubs.nist.gov/nistpubs/TechnicaiNotes/NIST.TN.1796.pd C"PW1,.=-..- Deschutes County Natural Hazards Code and Program Review June 2015 Page 155 ATTACHMENT 2 APPENDix B: FLOOD CASE STUDIES This appendix summarizes case studies from communities around the West that have novel approaches to addressing the flood hazard. The following case studies from Marion County, OR and Roseville, CA all serve as evidence to support the best practices presented in the body of this document B. I Case Studies Marion County, OR This case study explains the use of a floodplain overlay zone by Marion County, OR and how the policies in place 0 R E G 0 N have helped prepare for and recover following a flood event. Roseville, CA This case study examines the policies put in place by Roseville, CA that have made it the only community with a Class 1 CRS rating from the NAP. Page 156 Community Planning Workshop ATTACHMENT 2 Case Study: Marion County, OR The purpose of this case study is to describe and evaluate Marion County, OR use of a floodplain overlay zone. This case study provides a brief background on Marion County's history of flood hazard, and describes the county's floodplain overlay policy, evaluates the significance of the case study and identifies its relevancy to Deschutes County's goal of mitigating flood hazard. Background Marion County, located in the Willamette River basin, has many streams and rivers that are subject to flooding. Properties in and near floodplains are subject to flooding events almost annually due to spring rains, heavy thunderstorms, or rapid runoff from snow melts. Damage to critical facilities such as, public water and sewer systems, transportation networks, flood control facilities, emergency facilities, and government offices can hinder the ability of the county to deliver services. Infrastructure susceptible to flood damage includes: bridges on county roads and highways, sewage treatment plants, recycling centers, and a major landfill located beside the Willamette River (Marion County Natural Hazards Mitigation Plan). Populations, private property, businesses, and manufactured homes along the western border of the County are at particular risk due to their close proximity to the Willamette River. Current Regulations Due to the pervasive flood problem, many residents purchase insurance through FEMA's National Flood Insurance Program (NFIP) to help recover from losses. Marion County's participation in the National Flood Insurance Program (NFIP) Community Rating System (CRS) offers residents a savings of up to 20% on flood insurance premiums. The CRS is a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum NAP requirements. Marion County's Floodplain Overlay Zone, Chapter 178 of the Marion County Rural Zoning Ordinance, contains higher regulatory standards than NFIP regulations (Marion County Floodplain Program). Significance Marion County's Floodplain Overlay Zone, ordinance Chapter 178, regulates floodplain development. The overlay zone serves many purposes, some include; dangerous uses in the floodplain, minimize expenditure of public money, control the alteration of natural floodplains, control development, and regulate construction of flood barriers. The ordinance defines and prohibits development of new critical facilities within the floodway. The ordinance also defines and prohibits storage of materials and equipment that are hazardous to persons or property within the floodway. The Floodplain Overlay Zone regulations also contribute to CRS standards and improve the County's flood insurance programs. Implementing these regulations can benefit Deschutes County as well, adding safety standards and potentially making participation in the CRS more realistic financially. Deschutes County Natural Hazards Code and Program Review June 2015 Page 157 CPW-- ATTACHMENT 2 Relevance Marion County's zoning code, Title 17 Chapter 178, is an example of how Deschutes County can implement a Floodplain Overlay Zone to easily and effectively regulate floodplain development. Marion County's ordinance applies to all unincorporated lands in identified floodplains as shown graphically on county zoning maps. The ordinance is applied consistently county wide, increasing transparency for developers and homeowners. Deschutes County may consider adopting higher "substantial improvement" and .substantial damage" standards, but will want to apply a policy appropriate for the county. In July 2014, Marion County defined substantial damage as "flood related damage costs that equal or exceed 20% of the original market value." This means if any structural flood damage exceeds 20% of its market value, then the dwelling must be brought up to flood resistance standards before it can be reoccupied (Board of Commissioners Minutes). In July 2014, Marion County adopted the NFIP 50% standard to be consistent federal law. Citations FEMA. "National Flood Insurance Program Community Rating System." Accessed May 19, 2015. http://www.fema.gov/national-flood-insurance-program- community- Marion County, OR. "Board of Commissioners Minutes: Regular Session Wednesday, July 23, 2014." Accessed May 19, 2015. http://www.co.marion.or.usINR/rdonlyres/`­­D3C63C32-06OC-46C8-83B3-. A60SCO964988/57962/07232014Board Session Minutesdocpdf.pd Marion County, OR. "County Zoning Code Title 17, Chapter 178 — Rural Floodplain Overlay Zone." Accessed May 19, 2015. http://www.codepublishing.com/0R/``marioncounty Marion County, OR. "Marion County Floodplain Program." Accessed May 19, 2015. http://www.co.marion.or.us/PW/­­­Planning/Floodplain+Program.htm Marion County, OR. "Marion County Natural Hazards Mitigation Plan. Volume II: Hazard Annex Flood." January 2011. Accessed May 19, 2015. http://www.co.marion.or.us/NR/­­`rdonlyres/CA5BF063-9BF6-4595-BBF4- 2AAD3AF11838/34986/9FIood.pd Page 158 Community Planning Workshop ATTACHMENT 2 Case Study: Roseville, CA The purpose of this case study is to describe and evaluate Roseville's use of the National Flood Insurance Program's Community Rating System. This case study provides a brief background on Roseville's history of flood, describes Roseville's strategies for averting damages caused be flooding, and evaluates its how Roseville's practices can be incorporated into the review of Deschutes County's land use code. Background There have been two large century floods that have struck Roseville in the last 30 years. In 1986, 209 homes and businesses were damaged as the result of winter flooding. On Jan. 10, 1995, Roseville was hit with another 100 years flood event sending a deluge of water cascading over neighborhoods and intersections. More than 300 homes were damaged, a number of which were submerged in more than 6 feet of water. The 1995 flood event prompted a Presidential Disaster Declaration. After the flood incidents of 1986 and 1995, the City of Roseville vowed to never let another flood incident cripple the community again, and the city set forth investing in the National Flood insurance Program's Community Rating System. The National Flood Insurance Program (NFIP) offers a voluntary incentive program called the Community Rating System (CRS). The CRS recognizes and rewards communities that exceed the minimum requirements for floodplain management as identified in the NFIP. The CRS provides premium insurance discounts, ranging between 5% and 45%, for communities that go beyond the minimum requirements. To participate in the CRS, a community must implement additional CRS management activities and earn CRS credit points for each activity. A community rating number is assigned to a community based on the number of CRS credits they have earned. The community rating scale ranges from 1 to 10. One is the highest rating available and offers a 45% flood insurance discount; 10 is the lowest rating available and offers no insurance discount. Examples of CRS activities range from providing citizens with information regarding flood insurance and ways to reduce flood damage, increase protection to new development, reduce flood risk to existing development, and provide early flood warning. Current Program Following the 1986 flood, the city created the Placer County Flood Control District which included regional storm water detention basins. This project allows for the area to drain without causing any flood damage to homes. If the storm drain were full or plugged, all the water in the residential area would escape without causing damage to the homes. The project also ensures that any developments adjacent to the floodplain will have building constructed above the 1% (formerly 100 year) flood -water surface elevation. The city also introduced a 5 -year, $20 million flood control improvement project that involved buying out properties that were damaged on a repetitive basis, elevating buildings in flood risk areas, building berms and flood walls, and replacing culverts. Early warning systems have been installed using rain gauges and auto -dialer systems to alert the community members of rising creek levels. "-Z= Deschutes County Natural Hazards Code and Program Review June 2015 Page 159 CPW ­­ ATTACHMENT 2 Significance The most noticeable impact of these programs is the financial benefits for property owners and policyholders in the Roseville floodplain area. With the Class 1 designation comes a 45% reduction in flood insurance eligibility for community members. Plus, the reduction in damage costs will allow for individuals to recover from flooding in a much quicker fashion. Safety may be the biggest effect these programs have on the community. With a community that is more prepared for flooding events, people are better equipped to respond to rising floodwaters and avoid potential danger from fast moving rivers and streams. First responders are also in less danger because they don't have to be sent into the flood areas to evacuate people. The early warning system put in place gives residents the opportunity to prepare or evacuate themselves before the situation becomes too dangerous. Relevance Despite the differences in geography and climate between Roseville and Deschutes County, the desire to go above the minimum standards is an important action that would improve current conditions in Deschutes County and support goals stated in the county's Comprehensive Plan policy 3.5.10. Citation "DHS FEIVIA NFIP Services - First -Rate Community." DHS FEIVIA NFIP Services- First - Rate Community. Accessed April 17, 2015. http://www.nfipiservice.com/watermark/firstratecomm.html Page 160 Community Planning Workshop El Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of February 20, 2019 DATE: FROM: Lee Randall, Facilities, 541-617-4711 TITLE OF AGENDA ITEM: Work Center and Stabilization Center Findings Report FACILITIES MEMORANDUM DATE: February 14, 2019 TO: Deschutes County Board of County Commissioners FROM: Dan Hopper, Project Manager RE: Parole & Probation/Work Center and Stabilization Center CM/GC Process Hello Commissioners: The attached document is a Construction Manager / General Contractor (CM/GC) Findings Report per ORS 279C.330 and ORS 279C.335 to allow this method for contracting. Please note that this is the approval of the Contracting method only; and there will be two (2) more additional decision s/a pprova Is required by the Board. 1) For the Contract to the CM/GC after successful RFP responses and interviews 2) For the Guaranteed Maximum Price (GMP) that the CM/GC establishes after competitively bidding each discipline of work. This GMP will be approved as an amendment to the CM/GC Contract. Thankyou, Dan Hopper FINDINGS OF FACT FOR THE USE OF THE CONSTRUCTION MANAGER/GENERAL CONTRACTOR (CMIGC) CONSTRUCTION OF THE STABILIZATION CENTER AND PAROLE & PROBATION REMODEVADDITION Before The Deschutes County Board of Commissioners FINDING OF FACTS AND CONCLUSION OF LAW The Oregon Revised Statutes generally require that public improvement contracts be based upon competitive bids. Any exception to competitive bids must be justified by "Findings" as stated in ORS 279C.330 and ORS 279C.335. The following is a list of those required "findings" and the conditions and information regarding those "findings." FINDINGS WILL NOT SUBSTANTIALLY DIMINISH COMPETITION OR ENCOURAGE FAVORITISM Finding: The CM/GC will be selected through a competitive process in accordance with a Request for Proposals authorized by the Board of Commissioners. Pursuant to ORS 279C.360, a CM/GC solicitation will be advertised in the Daily Journal of Commerce in addition to The Bulletin in order to maximize exposure. The CM/GC proposals and interviews will be rated based on a predetermined list of criteria as required by ORS 279C.337 and the Attorney General's Model Contract Rules. The County will enter into contract negotiations with the highest-ranking firm. Should negotiations fail, the County will have the right to negotiate with the second highest-ranking firm. COST SAVINGS 2. Finding: The CM/GC will participate in the design phase of the work and thereby be able to obtain a complete understanding of the County's needs, the architect's design intent, the scope of the project, and the operational needs of the STABILIZATION CENTER AND PAROLE & PROBATION Staff & Stakeholders. This will alleviate some of the financial risk to the County and reduced risk will likely result in cost savings. In making this finding, ORS 279C.335 (2)(b) requires the following issues be considered: (A) How many persons are able to bid; There are several contractors within Central Oregon that are able and qualified to bid the planned project. However, the present climate within the Oregon & Washington construction industry has the backlog of work in such an overloaded condition that it has made attracting qualified contractors to bid very difficult if not impossible. (B) The construction budget and the projected operating costs for the completed public improvement; The difference in operating costs will not be significant whether the project is competitively bid or the CNVGC process is used for contracting. However, the CM/GC process will add the contractor to the design team and that will help ensure the budget will be maintained. Subcontractor bidding; We will encourage that the CM/GC receive a minimum of (3) competitive bids for each discipline of construction. Schedule: Increased efficiencies with final design documents and submission for Permits will result in an overall schedule reduction, resulting in less project duration, temporary structures, Contractor General Conditions and Architect Contract Administration. (C) Public Benefits that may result from granting the exemption; Selection of the CNVGC allows for a more informed contractor. The CM/GC will be part of the design team and will have a better understanding of the financial requirements of the project. This should result in better decision making by the project construction team, thereby saving time and money. Construction activities in close proximity to an occupied building can result in safety concerns unless proper planning is undertaken prior to work starting; early selection will provide better assurance that the planning will be coordinated with other activities thereby making for a safer environment. Safety, cost savings and the better assurance of completion on the desired date will be of Public Benefit. (D) Whether value engineering techniques may decrease the cost of the public improvement; The CNVGC will become a part of the total project team with the responsibility of leading the "Value Engineering" process. The selected CWGC should have considerable experience in the construction of public buildings and the requirement for occupancy; therefore, that experience will be of great importance in determining the best use of the dollars available. When the contractor participates, the team can render the most comprehensive evaluation of all factors that affect the cost, quality, and schedule of the proj ect. (E) The cost and availability of specialized expertise that is necessary for the public improvement; It is very important that the contractor selected have experience in the construction of public buildings, access control, security requirements and remodel/retrofit projects. This experience will assist the project team in determining the best and safest process to pursue. This process will allow the County to solicit local expertise to participate. (F) Any likely increases in public safety; It is understood that employees will be present within the adjacent building during much of the construction process. The safety and security of all persons is a primary concern and selection of a CM/GC to work with the entire team to develop the overall construction plan that integrates the needs of the adjacent building and staff increases Public Safety. (G)Whether granting the exemption may reduce risks to the contracting agency or the public that are related to the public improvement; Including the Contractor in the planning process increases safety and thereby, reduces risk. CMIGC contracts reduce risk by allowing for coordination and evaluation of constructability ahead of final project design. Including the contractor in the design process results in a Guaranteed Maximum Price (GMP) that is within the project budget, which also reduces risk. This process is not necessarily present under the Design -Bid - Build method of contracting. (H)Whether granting the exemption will affect the sources of funding for the public improvement; The exemption will have no effect on the funding sources. With increased efficiencies in overall project schedule, the Stabilization Center will realize grant funding that is anticipated to expire at the end of 2019. (1) Whether granting the exemption will better enable the contracting agency to control the impact that market conditions may have on the cost of and time necessary to complete the public improvement; The County's ability to accurately estimate the cost of this project is complicated by the multitude of construction market conditions that exist today in Oregon (e.g., competition of other projects, environmental issues that limit construction materials, shortage of qualified craftsman, etc.), as well as the difficulty in establishing the best work sequence. Because the project has a limited budget, it is essential to reduce the risk of cost overruns. The CNVGC allows for more control over these market forces because the CM/GC can assist in developing design documents and a work plan that best accommodates both the County and contractor/subcontractors; identifying the best grouping of bid packages that will help ensure better trade coverage; designing the most efficient construction staging area on the campus; charting the most cost effective route through the site for the various utilities; and adjusting the work plan when needs change along the way. (J) Whether granting the exemption will better enable the contracting agency to address the size and technical complexity of the public improvement; The nature of this project will require remodel of existing space adjacent to occupied space or relocation of operations to a temporary facilities during construction. The CM/GC method allows the contractor to be a part of the planning team in developing a construction plan that coordinates the needs of the existing operation of the Parole & Probation Center with the construction and temporary facilities setup. Having the CM/GC involved in the construction plan will better enable the County to control the complexity and uncertainties of the project. (K)Whether the public improvement involves new construction or renovates or remodels an existing structure; The public improvement for the Stabilization Center and Parole & Probation is both new construction (addition) and remodel of an existing structure. (L) Whether the public improvement will be occupied or unoccupied during construction; The remodeled building for Stabilization Center will not be occupied during construction; the remodel and addition to the Parole & Probation Center will occur in an occupied building. (M) Whether the public improvement will require a single phase of construction work or multiple phases of construction work to address specific project conditions; The present plan calls for all work to be phased construction, with the Stabilization Center being completed by end of year 2019 and Parole & Probation completed by end of year 2020. (N) Whether the contracting agency has retained under contract, and will use contracting agency or state agency personnel, consultants and legal counsel that have necessary expertise and substantial experience in alternative contracting methods to assist in developing the alternative contracting method that the contracting agency will use to award the public improvement contract and to help negotiate, administer and enforce the terms of the public improvement contract. The County has legal counsel that is very familiar with Oregon construction and Public Contracting law as well as employees on staff that have many years of experience administrating alternative contracting method contracts. CONCLUSIONS OF LAW The above "Findings" show that the CNVGC process for the Construction of the Stabilization Center and Parole & Probation Center Remodel/Addition complies with the requirements of ORS 279C.335(2) for exemption of the project from competitive bidding. PROPOSED ORDER ORDER GRANTING EXEMPTION FROM COMPETITIVE BIDDING, AUTHORIZING THE CONSTRUCTION OF THE STABILIZATION CENTER AND PAROLE & PROBATION REMODEL/ADDITION BY MEANS OF A CONSTRUCTION MANAGER/GENERAL CONTRACTOR AND AUTHORIZING SELECTION BY REQUEST FOR PROPOSAL WHEREAS, the Board of County Commissioners of Deschutes County is the Local Contract Review Board for the County and in that capacity has authority to exempt certain contracts from competitive bidding requirements of 279C and associated county code provision, and WHEREAS, the Board has determined that the Construction of the Stabilization Center and Parole & Probation Center Remodel/Addition should be constructed by a CM/GC. The Board finds as follows: 1. The Board adopts the specific "Findings of Fact" set forth above. 2. The "Findings" show that an exemption from competitive bidding for the project complies with the requirements of ORS 279C.335 (2) and the Attorney General's Model Contract Rules, OAR 137-049-0630 (2) for exemption of the project from competitive bidding. NOW, THEREFORE, the Board of Commissioners order as follows: The contract for the construction of the Stabilization Center and the Parole & Probation Center Remodel/Addition by a Construction Manager/General Contractor is exempted from competitive bidding and the CM/GC shall be selected by the Request -for -Proposals method in accordance with the Attorney General's Model Contract Rules and the process described in the above findings. \)I ES Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of February 20, 2019 DATE: February 13, 2019 FROM: Whitney Hale, Administrative Services, 541-330-4640 TITLE OF AGENDA ITEM: Solid Waste: Survey Options ATTENDANCE: Timm Schimke, Solid Waste; Whitney Hale, Administrative Services SUMMARY: At the Board's request, staff has gathered additional information on partnering with local haulers to survey their customers about proposed solid waste disposal options. Staff would also like the Board's feedback on the direction of the proposed online survey content, which is attached. Deschutes County is considering two disposal options: • Transport to a regional landfill outside Deschutes County • Site a new landfill in Deschutes County 1. What are the most important factors for the County to consider in the evaluation process? (refer to primary factors matrix on back) Factors Rank the factors by order of importance (1 = most, 7 = least) 1. Implementation Considerations 2. Sound Financial Principles 3. Cost Effectiveness 4. Rate Stability 5. System Flexibility 6. Reliability 7. Environmental Considerations 1. Impact from Landfilling Greenhouse gas (GHG) emissions 2. Impact from Transportation 3. Impact on Land 2. Are there other factors that should be considered? 3. What questions or comments do you have about the options? 4. Which overall option do you like best and why? El Transport Out of County 7 New In -County Landfill Please provide your contact information if you would like to receive updates on the solid waste management plan: Name and email address: Thank you for participating! Primary Factors Transport Out of County New In -County Landfill 1. Implementation 0 Regional landfills are permitted and 0 Siting a new landfill has proven to be Considerations have available capacity both environmentally and politically 0 County transfer stations will need to be difficult and unpredictable for modified to accommodate long haul communities transportation 2. Sound Financial 0 Proximity of several regional landfills 0 County and cities control rates Principles provides competition that can result in 0 Revenue and jobs stay in County lower fees 0 Impacts to local economy as revenue and jobs are created in other jurisdictions 3. Cost Effectiveness 0 Estimated cost to transport and dispose varies Estimated costs $35 disposal + $ 7 transport $47-$60/ton $42/ton (Assumes landfill is 25 miles or less from Knott Transfer Station) Note: After initial debt is retired 2040, the operating cost will be reduced by —$4/ton 4. Rate Stability 0 Disposal contracts can be written to 0 Based on history of tip fees at Knott provide certainty of cost Landfill, disposal costs are predictable 0 Factors outside control of County could and stable impact fees (Host fees, fuel prices, road mile taxes, etc.) 5. System Flexibility 0 Flexibility can be part of contract; may 9 County controls waste and disposal have impacts on tip fee system and can make changes as 0 If minimum waste supply is committed, needed (i.e. if local jurisdictions there may be possible impacts to implement new diversion programs) County or cities to implement 0 County retains ability to manage waste alternatives without contractual issues 6. Reliability 0 Disposal is reliable 0 Transportation and disposal are reliable 0 Transporting waste to regional landfills e Transporting waste on certain roads may encounter interruptions may encounter short term interruptions 0 In general, regional landfills have good o County has control and can manage track record for environmental environmental risks compliance 0 County can control nature of waste disposed in the landfill 7. Environmental Considerations - 7.1 Impact from Landfilling: 0 No waste would be disposed in 0 Emission impacts will remain in Greenhouse gas emissions Deschutes County, but emissions Deschutes County would impact other jurisdictions - 7.2 Impact from 0 In 2030, 2-2.1 million truck miles and a In 2030, 340,000-350,000 truck miles Transportation: emissions along local roads and and emissions along local roads and Waste Disposed highways 97 and 197 highways 0 In 2040, 2.3-2.7 million truck miles and e In 2040, 390,000-450,000 truck miles 2030 — 216,000 tons/year emissions along highways 97 and 197 and emissions along local roads and 6,800-7,000 trips/year highways 2040 — 250,000 tons/year 7,800-9,000 trips/year - 7.3 Impact on Land Existing regional landfills are permitted 9 County will need to disturb 400-500 and will continue to fill designated sites acres* with or without Deschutes County 0 County may adopt mitigating measures waste as necessary *Note: Existing quarry sites might provide opportunity to restore disturbed land E S Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of February 20, 2019 DATE: February 14, 2019 FROM: Nick Lelack, Community Development, 541-385-1708 TITLE OF AGENDA ITEM: Draftjoint BOCC-Planning Commission Meeting Agenda ATTENDANCE: Nick Lelack, Director SUMMARY: The purpose of this agenda item is to discuss, revise as necessary, and finalize the Joint BOCC-Planning Commission meeting agenda for Thursday, February 28 at 5:30 p.m. IES MEMORANDUM TO: Board of County Commissioners FROM: Nick Lelack, AICP, Director DATE: February 20, 2019 COMMUNITY K)EVELOPMENT SUBJECT: BOCC Direction on Joint BOCC-Planning Commission Meeting Agenda On February 28, 2019, the Board of County Commissioners (BOCC) and Planning Commission will conduct a joint meeting. Please find below a draft Joint Meeting Agenda. Staff seeks BOCC direction on the draft agenda. Staff is also seeking Planning Commission input on the draft agenda at its meeting on Tuesday, February 19. Staff will share the Planning Commission's comments with the BOCC on February 20. CDD will publish the final agenda on Thursday, February 21, one week prior to the joint meeting. DRAFT AGENDA Convene at 5:30 p.m. 1. Introductions 2. What's working, what needs improvement, how can the PC best serve the BOCC? 3. CDD Annual Report Presentation, Discussion, Q&A 4. Summary Updates of Current FY 2018-19 Work Plan Projects a. Water Panel Report Summary b. Grading c. Non -Prime Resource Lands Launch d. Growth management coordination — Redmond UGB amendments, Sisters, Bend e. Text amendments — child care, subdivision access, historic ADUs f. Annual destination resort overnight lodging reports g. Marijuana annual reports and inspections h. Planning Commission / Historic Landmarks Commission Manuals L Other 5. Work Plan 2019-20 Priorities a. Completion of FY 18-19 projects in process (see above) b. Carry forward any/all FY 18-19 projects? c. New priorities \Y� E S �0 All �A M M M 1151M, N� DRAFT AGENDA 5:3 0 p.m. Dew - 1. Introductions 2. Public Comments DISCUSSION TOPICS 3. Summarize CDD 2018 Annual Report & FY 2018-19 Planning Division Work Plan Projects 4. BOCC-Planning Commission Coordination a. Summarize Planning Commission / Citizen Involvement Committee 2018-19 Accomplishments b. How can the Planning Commission best Serve the BOCC i. Planning Commission's Role in New Projects ii. Citizen Involvement/ Engagement iii. Other 5. Work Plan FY 2019-20 Priorities a. Complete FY 18-19 projects in process (i.e., Non -Prime Resource Lands) b. Carry forward any/all FY 18-19 projects? c. New priorities / initiatives 6. Other Items Not on the Agenda E S C' 44J Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of February 20, 2019 DATE: February 12, 2019 FROM: Nicole Mardell, Community Development, TITLE OF AGENDA ITEM: Preparation for Public Hearing: Eastside Bend Plan Amendment and Zone Change ATTENDANCE: Nicole Mardell, Associate Planner SUMMARY: Staff will provide background and prepare the Board for a Public Hearing on February 27, 2019, to consider a request for a Plan Amendment and Zone Change (file no. 247 -18 -000485 -PA, 486-ZC) for a 59.24 -acre property to the east of the City of Bend, submitted by Eastside Bend, LLC. MEMORANDUM TO: Deschutes County Board of Commissioners (Board) FROM: Nicole Mardell, Associate Planner DATE: February 13, 2019 SUBJECT: Eastside Bend Plan Amendment and Zone Change - Work Session The Board of County Commissioners (Board) is conducting a work session on February 20, 2019 in preparation for a public hearing on February 27, 2019, to consider a request for a Plan Amendment and Zone Change (file nos. 247 -18 -000485 -PA, 486-ZC) for a 59.24 -acre property to the east of the City of Bend. 1. BACKGROUND The applicant, Eastside Bend, LLC, is requesting a Comprehensive Plan Amendment to redesignate the subject property from Agriculture to Rural Residential Exception Area and a Zoning Map Amendment to rezone the property from Exclusive Farm Use (EFU) to Multiple Use Agricultural (MUA- 10). The applicant's reasoning for the request is that the property was mistakenly identified as farmland, does not contain high-value soils or other characteristics of high value farmland, and therefore should be redesignated and rezoned for residential use. The applicant has provided two soil studies that identify non -high value soils on a majority (57%) of the subject property. Additionally, the applicant has provided findings within the burden of proof that demonstrate compliance with state and local requirements and policies. 11. HEARINGS OFFICER RECOMMENDATION The Deschutes County Hearings Officer held a public hearing on December 4, 2019. Two individuals raised questions regarding future development plans to the applicant, but did not state whetherthey were in favor of or opposed to the application. Two public comment letters were received, one from Kendra Vogt and a second from Sandy McJunkin, expressing concerns related to traffic impacts on Highway 20 and Ward/Hamby Road and the potential of marijuana production on the property. On December 18, 2018, the Hearings Officer issued a decision recommending approval of the proposed Plan Amendment and Zone Change, with a condition that the soil study for Tax Lot 1400 receive certification from the Department of Land Conservation and Development (DLCD). A representative from DLCD provided certification of the soil study to staff on January 23, 2019. Ill. BOARD CONSIDERATION As the property includes lands designated for agricultural use, Deschutes County Code 22.28.030(C) requires the application to be heard de novo, before the Board, regardless of the determination of the Hearings Officer. The record is available for inspection at the Planning Division and at the following link: https://dial.deschutes.org/Real/DevelopmentDocs/1 19045. Moreover, the complete record will be available at the public hearing. As a courtesy, staff has prepared a printed copy of these materials which is available for the Board in the Administration offices. IV. NEXT STEPS The Board will hold public hearing on February 27, 2019 ATTACHMENTS: 1. Area Maps 2. Public comments 3. Draft Ordinance and Exhibits Exhibit A: Legal Description Exhibit B: Proposed Comprehensive Plan Map Exhibit C: Proposed Zoning Map Exhibit D: Comprehensive Plan Section 23.01.010, Introduction Exhibit E: Comprehensive Plan Section 5.12, Legislative History Exhibit F: Hearings Officer Decision Page 2 of 2 gaq 0 IV' SM" W4 1112 g P gf W 0", W -201 7 56 MW 'eC' "�k gg 101 #�E A", IN 51I"`5"I�"!` 'Q� . .. .......... . ... RO, 7 "7 7 r p C 247 -18 -000485 -PA / 247-18-000486-ZC Legend Applicant: Eastside Bend, LLC EDTaxLots TaxIot Numbers: 17-12-35-00-01600, 17-12-35-00-01601, 17-12-35-00-01400 NRCS Soil Type Address: 21457 Hwy 20, 21510 Bear Creek Road, 21588 Hwy 20, Bend EFUTRB Tumalo/Redmond/Bend Subzone 0 80 10 3 0 MUA1 0 - Multiple Use Agricultural F- 1 in = 80 ft ,)—mber3,2018 247 -18 -000485 -PA / 247-18-000486-ZC Legend TaxLots Applicant: Eastside Bend, LLC Bend UGB Taxiot Numbers: 17-12-35-00-01600, 17-12-35-00-01601, 17-12-35-00-01400 NRCS Soil Type Address: 21457 Hwy 20, 21510 Bear Creek Road, 21588 Hwy 20, Bend EFUTRB - Tumalo/Redmond/Bend Subzone 0 80 1W 320 480 MUA1 0 - Multiple Use Agricultural iiiii F -t 1 in - 80 ft D-ennber3,2018 From: sandy To: Nicole Mardell Subject: 247-18-00485-PA,486-ZC Date: Tuesday, December 04, 2018 5:03:09 PM Re: Eastside Bend, LLC I have just recently discovered that a meeting is being held tonight at the Barnes Sawyer Rooms in Bend, Or concerning an Amendment to change the designation of the property from Agriculture to Rural Residential Exception Area. They are also requesting to Rezone the property from Exclusive Farm Use to Multiple Use Agricultural. I am not sure what Multiple Use Agricultural actual means and would appreciate a clarification of specifically what does that mean. Also, since I am unable to attend this meeting tonight I would like to express my concerns about building multiple housing and apartments On Bear Creek road. There is a high volume of traffic from Large Commercial Trucks using Ward as a bypass avoiding 27 th street, combined with the residents of this area And others using it as a bypass . With the increase in traffic there has been numerous accidents at the intersection of Bear Creek and Ward Rd as well As Ward and Hwy 20 in the last 10 years. My concern is no matter how you work the math you will see a substantial increase in accidents at these intersections. This issue needs to be solved before anyone builds an apartment or house. Bear Creek is a 2 lane road. Already we have new housing on Bear Creek with designated parking on Bear Creek; however is sits back off of Bear Creek. My concern Seeing how homes and apartments have been added behind the Worthy Brewing Company on Highway 20 and there are only street parking available for residents. This Makes a two way road into a one way due to parking issues. This is done to get more apartments and housing crunched together. Sufficient parking for all residents of The apartment and houses should have adequate parking for two cars per each residence. Another issue is bikers who like to use Bear Creek to bike out east and then back. Not one or two abreast but sometimes more. There is inadequate bicycling areas along the road and they Are riding in the street. On a two lane road we need to have sufficient marked lanes for bicycles. So I panic when I visualize parking on the streets and bikes riding in the streets as well as The residents. I would also like to add that if a Bicycle is allowed to ride on the road with cars they should have the same requirements we do. Required headlights, back lights, rear view mirrors, Turn signals, licensed, insured and test to pass before licensed to drive their bicycle on a main road. They should obey the same laws as us such as stopping at a stop sign or red light etc. They Also should receive tickets if warranted for disobeying the rules of the road. Sandy McJunkin 21680 Old Red Rd Bend,Or 97702 REVIEWED LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 23, the Deschutes County Comprehensive Plan, ORDINANCE NO. 2019-006 to Change the Comprehensive Plan Map Designation for Certain Property From Agriculture to Rural Residential Exception Area, and Amending Deschutes County Code Title 18, the Deschutes County Zoning Map, to Change the Zone Designation for Certain Property From Exclusive Farm Use to Multiple Use Agricultural. WHEREAS, Eastside Bend, LLC, applied for changes to both the Deschutes County Comprehensive Plan Map (247 -18 -000485 -PA) and the Deschutes County Zoning Map (247-18-000486-ZC), to change a portion of the subject property from an Agricultural (AG) designation to a Rural Residential Exception Area (RREA) designation and a corresponding zone change from Exclusive Farm Use (EFU) to Multiple Use Agricultural (MUA-10); and WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on December 4, 2018, before the Deschutes County Hearings Officer and, on December 18, 2018, the Hearings Officer recommended approval of both the Comprehensive Plan Map change and Zoning Map change; and WHEREAS, after notice was given in accordance with applicable law, a de novo public heating was held on February 27, 2019, before the Board of County Commissioners ("Board"); and WHEREAS, the Board, after review conducted in accordance with applicable law, both approved the plan amendment to change the Comprehensive Plan Map designation from Agriculture to Rural Residential Exception Area, and approved the Zoning Map amendment to change from Exclusive Farm Use (EFU) to Multiple Use Agricultural (MUA- 10); now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC Title 23, Deschutes County Comprehensive Plan Map, is amended to change the plan designation for certain property described in Exhibit "A" and depicted on the map set forth as Exhibit "B", with both exhibits attached and incorporated by reference herein, from Agriculture to Redmond Urban Growth Area. PAGE I OF 2 - ORDINANCE NO. 2019-006 Section 2. AMENDMENT. DCC Title 18, Zoning Map, is amended to change the zone designation from Exclusive Fann Use (EFU) to Multiple Use Agricultural (MUA- 10) for certain property described in Exhibit "A" and depicted on the map set forth as Exhibit "C." Section 3. AMENDMENT. DCC Section 23.01.010, Introduction, is amended to read as described in Exhibit "D" attached and incorporated by reference herein, with new language underlined. Section 4. AMENDMENT. Deschutes County Comprehensive Plan Section 5.12, Legislative History, is amended to read as described in Exhibit "E" attached and incorporated by reference herein, with new language underlined. Section 5. FINDINGS. The Board adopts as its findings in support of this Ordinance, the Decision of the Hearings Officer as set forth in Exhibit "I"', and incorporated by reference herein. Dated this of 12019 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: Recording Secretary PHILIP G. HENDERSON, Chair PATTI ADAIR, Vice Chair ANTHONY DEBONE Date of I " Reading: _ day of � 2019. Date of 2' Reading: _ day of 52019. Record of Adoption Vote: Commissioner Yes No Abstained Excused Philip G. Henderson Patti Adair Anthony DeBone Effective date: day of 2019. PAGE 2 OF 2 - ORDINANCE NO. 2019-006 Exhibit "A" Tax Lot 1400 That portion of the Northeast Quarter of the Southeast Quarter of Section 35, Township 17 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, lying Northerly of U.S. Highway 20. Excepting therefrom the following described tract of land: Beginning at the Northeast Corner of the Northeast Quarter of the Southeast Quarter of Section 35, Township 17 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon; thence South along the East line of said Northeast Quarter of the Southeast Quarter a distance of 495 feet; thence Westerly, parallel with the North line of said Northeast Quarter of the Southeast Quarter a distance of 1320 feet, more or less to a point on the West line of said Northeast Quarter of the Southeast Quarter; thence Northerly along said West line 495 feet to the Northwest corner of the Northeast Quarter of the Southeast Quarter of said Section; thence Easterly along the North line of said Northeast Quarter of the Southeast Quarter a distance of 1320 feet, more or less to the point of beginning. Also excepting therefrom that portion conveyed to J. B. Casey, et ux by Deed recorded December 2,1965, In Book 146, Page 360, Deed Records Deschutes county, Oregon. Also excepting therefrom any portion lying within the limits of Roads or Highways. Tax Lot 1600 All that portion of the Southeast Quarter of the Southeast Quarter and the Northeast Quarter of the Southeast Quarter of Section 35, Township 17 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon lying southerly of U.S. Highway 20. Excepting therefrom the following: Beginning at the Southwest corner of the Southeast Quarter of the Southeast Quarter of Section 35, Township 17 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon; thence North along the West line of said Southeast Quarter of the Southeast Quarter, 534 feet; thence Easterly, parallel with the South PAGE 1 OF 1 - EXHIBIT A TO ORDINANCE NO. 2019-006 line of said Southeast Quarter of the Southeast Quarter, 370 feet; thence South and parallel to the West line of said Southeast Quarter of the Southeast Quarter, 534 feet to a point on the south line of said Southeast Quarter of the Southeast t Quarter; thence Westerly along said South line 370 feet to the point or beginning. Also excepting therefrom any portion lying within the limits of Roads or Highways. Also Excepting that portion conveyed to Deschutes County by Warranty Deed recorded November 8, 1990 In Book 222, Page 2181, Deschutes County Records. Tax Lot 1601 A tract of land in the Southeast Quarter of the Southeast Quarter (SE1/4SE1/4) of Section 35, Township 17 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, beginning at the Southwest corner of said SE1/4SE1/4, 370.0 feet; thence South and parallel to the West line of said SE1 /4SE1 /4, 534.0 feet; thence West 370.0 feet to the point of beginning. Excepting therefrom Richardson Road, now known as Bear Creek Road. PAGE 1 OF I - EXHIBIT A TO ORDINANCE NO. 2019-006 PROPOSED BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON COMPREHENSIVE PLAN MAP Legend Philip G. Henderson, Chair Proposed Plan Amendment Boundary Exhibit "B" to Ordinance 2019-006 Patti Adair, Vice Chair Bend Urban Growth Boundary Comprehensive Plan Designation Tony DeBone, Commissioner AG -Agriculture ATTEST Recording Secretary RREA- Rural Residential Exception Area 0 300 600 1,200 - - MORMFeet Dated this -day of-, 2019 URA - Urban Reserve Area F.bruary 12, 2019 Effective Date: _, 2019 PROPOSED BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Legend ZONING MAP Proposed Zone Change Boundary Exhibit "C" Philip G. Henderson, Chair Bend Urban Growth Boundary to Ordinance 2019-006 Patti Adair, Vice Chair Zoning EFUTRB - Tumalo/Redmond/Bend Subzone Tony DeBone, Commissioner MUA10 - Multiple Use Agricultural ATTEST. Recording Secretary 0 300 600 1,200 UAR1 0 - Urban Area Reserve !!n Feet Dated this . day of _ 2019 February 12, 2019 Effective Date: -, 2019 Chapter 23.01 COMPREHENSIVE PLAN Chapter 23.01 COMPREHENSIVE PLAN 23.01.010. Introduction. A. The Deschutes County Comprehensive Plan, adopted by the Board in Ordinance 2011-003 and found on the Deschutes County Community Development Department website, is incorporated by reference herein. B. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2011-027, are incorporated by reference herein. C. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-005, are incorporated by reference herein. D. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-012, are incorporated by reference herein. E. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-016, are incorporated by reference herein. F. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-002, are incorporated by reference herein. G. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-009, are incorporated by reference herein. H. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-012, are incorporated by reference herein. 1. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-007, are incorporated by reference herein. J. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-005, are incorporated by reference herein. K. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-006, are incorporated by reference herein. L. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-012, are incorporated by reference herein. M. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-021, are incorporated by reference herein. N. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-027, are incorporated by reference herein. 0. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-021, are incorporated by reference herein. P. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-029, are incorporated by reference herein. Q. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-018, are incorporated by reference herein. R. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015 -010, are incorporated by reference herein. S. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-001, are incorporated by reference herein. T. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-022, are incorporated by reference herein. U. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-005, are incorporated by reference herein. PAGE 1 OF 2 — EXHIBIT D TO ORDINANCE NO. 2019-006 V. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-027, are incorporated by reference herein. W. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-029, are incorporated by reference herein. X. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2017-007, are incorporated by reference herein. Y. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2018-002, are incorporated by reference herein. Z. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2018-006, are incorporated by reference herein. AA. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2018-011, are incorporated by reference herein. BB. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2018-005, are incorporated by reference herein. CC. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2018-008, are incorporated by reference herein. DD. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-002, are incorporated by reference herein. EE. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-00 1, are incorporated by reference herein. FF. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-003, are incorporated by reference herein. GG. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-004, are incorporated by reference herein. HH. The Deschutes County Colpprehensive Plan amendments, adopted by the Board in Ordinance 2019-006, are incorporated by reference herein., (Ord. 2019-006 § 1, 2019, Ord. 2019-004 § 1, 2019; Ord. 2019-003 § 1, 2019; Ord. 2019-001 § 1, 2019; Ord. 2019-002 §1, 2019; Ord. 2018-008 §1, 2018; Ord. 2018-005 §2,2018; Ord. 2018-011 §1, 2018; Ord. 2018-006 § 1, 2018; Ord. 2018-002 § 1, 2018; Ord. 2017-007 § 1, 2017; Ord. 2016-029 § 1, 2016; Ord. 2016-027 § 1, 2016; Ord. 2016-005 § 1, 2016; Ord. 2016-022 § 1, 2016; Ord. 2016-001 § 1, 2016; Ord. 2015-010 §1, 2015; Ord. 2015-018 § 1, 2015; Ord. 2015-029 § 1, 2015; Ord. 2015-021 § 1, 2015; Ord. 2014-027 § 1, 2014; Ord. 2014-021 § 1, 2014; Ord. 2014-12 § 1, 2014; Ord. 2014-006 §2, 2014; Ord. 2014-005 §2, 2014; Ord. 2013-012 §2, 2013; Ord. 2013-009 §2, 2013; Ord. 2013-007 §1, 2013; Ord. 2013-002 §1, 2013; Ord. 2013-001 §1, 2013; Ord. 2012-016 §1, 2012; Ord. 2012-013 §1, 2012; Ord. 2012-005 § 1, 2012; Ord. 2011-027 § 1 through 12, 2011; Ord. 2011-017 repealed; Ord.2011-003 §3, 2011) Click here to be directed to the Comprehensive Plan (http://www.deschutes.org/compplan) PAGE 2 OF 2 - EXHIBIT D TO ORDINANCE NO. 2019-006 J* seotwvv 5.12 Lto'�&LatWe Wustor� Background This section contains the legislative history of this Comprehensive Plan. Table S. 12.1 Comprehensive Plan Ordinance History Ordinance Date Adopted/ Chapter/Section Amendment Effective All, except Transportation, Tumalo and Terrebonne 2011-003 8-10-11/11-9-11 Community Plans, Deschutes junction, Comprehensive Plan update Destination Resorts and ordinances adopted in 2011 2.5, 2.6, 3.4, 3.10, 3.5, Housekeeping amendments to 2011-027 10-31-11/11-9-11 4.6, 5.3, 5.8, 5.11, 23.40A, 23.40B, ensure a smooth transition to 23.40.065, 23.01.010 the updated Plan 23.60, 23.64 (repealed), Updated Transportation 2012-005 8-20-12/11-19-12 3.7 (revised), Appendix C System Plan (added) 2012-012 8-20-12/8-20-12 4.1,4.2 La Pine Urban Growth Boundary 2012-016 12-3-12/3-4-13 3.9 Housekeeping amendments to Destination Resort Chapter Central Oregon Regional 2013-002 1-7-13/1-7-13 4.2 Large -lot Employment Land Need Analysis Comprehensive Plan Map Amendment, changing 2013-009 2-6-13/5-8-13 1.3 designation of certain property from Agriculture to Rural Residential Exception Area Comprehensive Plan Map 2013-012 5-8-13/8-6-13 23.01.010 Amendment, including certain property within City of Bend Urban Growth Boundary Newberry Country: A Plan 2013-007 5-29-13/8-27-13 3.10,3.11 for Southern Deschutes County DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY EXHIBIT "E" TO ORDINANCE NO. 2019-006 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY EXHIBIT "E" TO ORDINANCE NO. 2019-006 Comprehensive Plan Map 2013-016 10-21-13/10-21-13 23.0 1.0 10 Amendment, including certain property within City of Sisters Urban Growth Boundary Comprehensive Plan Map 2014-005 2-26-14/2-26-14 23.01.010 Amendment, including certain property within City of Bend Urban Growth Boundary 2014-012 4-2-14/7-1-14 3.10,3.11 Housekeeping amendments to Title 23. Comprehensive Plan Map Amendment, changing designation of certain 2014-021 8-27-14/11-25-14 23.01.010, 5.10 property from Sunriver Urban Unincorporated Community Forest to Sunriver Urban Unincorporated Community Utility Comprehensive Plan Map Amendment, changing designation of certain 2014-021 8-27-14/11-25-14 23.01.010, 5.10 property from Sunriver Urban Unincorporated Community Forest to Sunriver Urban Unincorporated Community Utility Comprehensive Plan Map Amendment, changing 2014-027 12-15-14/3-31-15 23.01.010, 5.10 designation of certain property from Agriculture to Rural Industrial Comprehensive Plan Map Amendment, changing 2015-021 11-9-15/2-22-16 23.01.010 designation of certain property from Agriculture to Surface Mining. Comprehensive Plan Map Amendment, changing 2015-029 11-23-15/11-30-15 23.01.010 designation of certain property from Tumalo Residential 5 -Acre Minimum to Tumalo Industrial 2015-018 12-9-15/3-27-16 23.01.010, 2.2, 4.3 Housekeeping Amendments to Title 23. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY EXHIBIT "E" TO ORDINANCE NO. 2019-006 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY EXHIBIT "E" TO ORDINANCE NO. 2019-006 Comprehensive Plan Text and 2015-010 12-2-15/12-2-15 2.6 Map Amendment recognizing Greater Sage -Grouse Habitat Inventories Comprehensive Plan Map Amendment, changing 2016-001 12-21-15/04-5-16 23.0 1.0 10; S. 10 designation of certain property from, Agriculture to Rural Industrial (exception area) Comprehensive Plan Amendment to add an exception to Statewide 2016-007 2-10-16/5-10-16 23.0 1.0 10; 5. 10 Planning Goal I I to allow sewers in unincorporated lands in Southern Deschutes County Comprehensive Plan Amendment recognizing non - 2016 -005 11-28-16/2-16-17 23.01.010, 2.2, 3.3 resource lands process allowed under State law to change EFU zoning Comprehensive plan 2016-022 9-28-16/11-14-16 23.01.010, 1.3, 4.2 Amendment, including certain property within City of Bend Urban Growth Boundary Comprehensive Plan Map Amendment, changing 2016-029 12-14-16/12/28/16 23.0 1.0 10 designation of certain property from, Agriculture to Rural Industrial Comprehensive Plan Map Amendment, changing 2017-007 10-30-17/10-30-17 23.01.010 designation of certain property from Agriculture to Rural Residential Exception Area Comprehensive Plan 2018-002 1-3-18/1-25-18 23.01,2.6 Amendment permitting churches in the Wildlife Area Combining Zone DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY EXHIBIT "E" TO ORDINANCE NO. 2019-006 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5. 12 LEGISLATIVE HISTORY EXHIBIT "E" TO ORDINANCE NO. 2019-006 Housekeeping Amendments correcting tax lot numbers in Non -Significant Mining Mineral 2018-006 8-22-18/11-20-18 23.01.010, 5.8, 5.9 and Aggregate Inventory; modifying Goal 5 Inventory of Cultural and Historic Resources Comprehensive Plan Map Amendment, changing 2018-011 9-12-18/12-11-18 23.01.010 designation of certain property from Agriculture to Rural Residential Exception Area Comprehensive Plan Map Amendment, removing Flood 23.01.010, 2.5, Tumalo Plain Comprehensive Plan 2018-005 9-19-18/10-10-18 Community Plan, Designation; Comprehensive Newberry Country Plan Plan Amendment adding Flood Plain Combining Zone purpose statement. Comprehensive Plan Amendment allowing for the 2018-008 9-26-18/10-26-18 23.01.010, 3.4 potential of new properties to be designated as Rural Commercial or Rural Industrial Comprehensive Plan Map Amendment changing designation of certain property from Surface Mining 2019-002 1-2-19/4-2-19 23.01.010, 5.8 to Rural Residential Exception Area; Modifying Goal 5 Mineral and Aggregate Inventory; Modifying Non - Significant Mining Mineral and Aggregate Inventory Comprefiensive Plan and Text 2019-001 1-16-19/4-16-19 1.3, 3.3, 4.2, 5.10, 23.01 Amendment to add a new zone to Title 19: Westside Transect Zone. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5. 12 LEGISLATIVE HISTORY EXHIBIT "E" TO ORDINANCE NO. 2019-006 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY EXHIBIT "E" TO ORDINANCE NO. 2019-006 Comprehensive Plan Map Amendment changing designation of certain 2019-003 TBD/TBD 23.01.010, 4.2 property from Agriculture to Redmond Urban Growth Area for the Large Lot Industrial Program Comprehensive Plan Map Amendment changing designation of certain property from Agriculture to 2019-004 TBD/TBD 23.01.010, 4.2 Redmond Urban Growth Area for the expansion of the Deschutes County Fairgrounds and relocation of Oregon Military Department National Guard Armory. Comprehensive Plan Map Amendment, changing 2019-006 TBD/TBD 23.0 1.0 1 �O designation of certain property from Agriculture to Rural Residential Exception Area DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY EXHIBIT "E" TO ORDINANCE NO. 2019-006 HEARINGS OFFICER DECISION FILE NUMBERS: 247 -18 -000485 -PA, 247-18-000486-ZC HEARING: December 4, 2018, 6:00 p.m. Barnes & Sawyer Rooms Deschutes Services Center 1300 NW Wall Street Bend, OR 97708 APPLICANVOWNER: AGENTIFOR APPLICANT: TRANSPORTATION ENGINEER: Eastside Bend, LLC Tia M. Lewis Schwabe, Williamson & Wyatt, P.C. Joe Bessman Transight Consulting, LLC PROPOSAL: The applicant requests approval of a Comprehensive Plan Amendment to change the designation of the property from Agricultural (AG) to Rural Residential Exception Area (RREA) designation. The applicant also requests approval of a corresponding Zone Change to rezone the property from Exclusive Farm Use (EFU) to Multiple Use Agricultural (MUA-10). STAFF REVIEWER: Nicole Mardell, Associate Planner Nicole. Mardell@deschutes.org, 541-317-3157 HEARINGS OFFICER: Will Van Vactor 1. APPLICABLE STANDARDS AND CRITERIA: Deschutes Countv Code, Title 18, County Zoning Ordinance Chapter 18.04, Title, Purpose, and Definitions Chapter 18.16, Exclusive Farm Use Zones Chapter 18.32, Multiple Use Agricultural Zone Chapter 18.136, Amendments Deschutes County Code, Title 22, Procedures Ordinance Deschutes County Comprehensive Plan Chapter 2, Resource Management Chapter 3, Rural Growth Management Appendix C, Transportation System Plan Eastside Bend LLC 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 Oregon Administrative Rules (OAR), Chapter 660 Division 6, Forest Lands Division 12, Transportation Planning Division 15, Statewide Planning Goals and Guidelines Division 33, Agricultural Land Oregon Revised Statues (ORS) Chapter 215.211, Agricultural Land, Detailed Soils Assessment. 11. FINDINGS OF FACT: A. LOCATION: The subject property is a 59.24 -acre tract containing three separate parcels under the same ownership and identified on the Deschutes County Assessor's Map as 17-12-35, tax lots 1400, 1600, and 1601. The corresponding addresses are 21588 Highway 20 (tax lot 1400), 21457 Highway 20 (Tax Lot 1600), and 21510 Bear Creek Road (Tax Lot 1601). B. LOT OF RECORD: Tax lots 1400 and 1600 were verified as legal lots of record per previous county land use approvals, the most recent being a property line adjustment in 2003 that altered the acreages of the property to their current configuration. Tax lot 1400 is 20.55 acres and Tax lot 1600 is 34.4 acres in size. Tax lot 1601 has not previously been verified as a legal lot of record. Per DCC 22.04.040 Verifying Lots of Record, lot of record verification is required for certain permits: B. Permits requiring verification 1. Unless an exception applies pursuant to subsection (B)(2) below, verifying a lot parcel pursuant to subsection (C) shall be required to the issuance of the following permits: a. Any land use permitfor a unit of land in the Exclusive Farm Use Zones (DCC Chapter 18.16), Forest Use Zone — F1 (DCC Chapter 18.36), or Forest Use Zone — F2 (DCC Chapter 18.40); b. Any permit for a lot or parcel that includes wetlands as show on the Statewide Wetlands Inventory; C. Any permit for a lot or parcel subject to wildlife habitat special assessment; d. in all zones, a land use permit relocating property lines that reduces in size a lot or parcel, e. In all zones, a land use, structural, or non -emergency on-site sewage disposal system permit if the lot or parcel is smaller than the minimum area required in the applicable zone; In the Powell/Ramsey (PA -14-2, ZC-14-2), the hearings officer in that case held to a prior decision (Belveron ZC-08-04) that a property's lot of record status was not required to be verified as part of a plan amendment and zone change application. Rather, the applicant would be required to receive lot of record verification prior to any development on the subject property. The Hearings Officer here agrees. Thus, this criterion does not apply. Eastside Bend LLC 2 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 Figure 1. Subject Property Map 1� kr C. PROPOSAL: The applicant requests approval of a Comprehensive Plan Map Amendment to change the designation of the subject property from Agricultural (AG) designation to a Rural Residential Exception Area (RREA) designation. The applicant also requests approval of a corresponding Zoning Map Amendment to change the zoning of the subject property from Exclusive Farm Use (EFU) to Multiple Use Agricultural (MUA-10). The applicant asks that Deschutes County change the zoning and the plan designation because the subject property does not qualify as "agricultural land" under Oregon Revised Statutes (ORS) or Oregon Administrative Rules (OAR) definitions. The applicant proposed that no exception to Statewide Planning Goal 3, Agricultural Land is required because the subject property is not agricultural land. The applicant submitted an application form, a burden of proof statement, and other Eastside Bend LLC 3 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 supplemental materials, all of which are included in the record for the subject applications. With its application, the applicant submitted an Order 1 Soil Survey fortax lots 1600 and 1601, titled "Agricultural Soils Capability Assessment" ("Borine study") prepared by soil scientist Roger Borine, CPSC, CPSS, PWS of Sage West, LLC. Prior to the hearing, the applicant also submitted a site-specific soil study for tax lot 1400 that was prepared by Brian Rabe, CPSS, WWS of Cascade Earth Sciences ("Rabe study"). The applicant has also submitted a traffic analysis prepared by Transight Consulting, LLC titled "Eastside Bend, LLC" ("traffic study"). D. ZONING AND PLAN DESIGNATIONS: The Deschutes County Comprehensive Plan map designates the subject property as Agriculture. The property is zoned Exclusive Farm Use — Tumalo/Redmond/Bend subzone (EFU-TRB). E. SITE DESCRIPTION: The subject property encompasses approximately 59.24 acres and is divided by State Highway 20. Tax lot 1400 is located to the north of Highway 20 and west of Hamby Road while tax lots 1600 and 1601 are located south of Highway 20 and west of Ward Road. The property is not in farm tax deferral and does not contain any irrigation water rights or irrigated area. A Central Oregon Irrigation District (COID) irrigation can runs through the center of tax lot 1400, although the property does not contain any irrigated areas, nor does it hold irrigation water rights. Historical images of the subject property provide evidence of irrigated pasture on tax lots 1400 and 1600, as recently as 2011. The applicant stated in the burden of proof that the tax lots formerly had water rights but lost the rights due to a lack of beneficial use. Tax lot 1600 is developed with a manufactured home placed on the property in 1984. Tax lot 1601 is developed with a residence that appears to have been constructed in 1935. Tax lot 1400 is currently vacant. Vegetation on site consists of juniper and sagebrush scattered sparingly throughout. F. SURROUNDING LAND USES: Land uses in the area vary in scale. The subject property is located approximately 0.25 miles from the City of Bend city limits and urban growth boundary. Within the city limits, land uses consist of residential subdivisions, apartment buildings, a nursery, and several strip malls with commercial uses. Outside of city limits and adjacent to the subject property are EFU-zoned parcels, many containing single family residences and a few vacant properties, none of which are in farm tax deferral. The property immediately adjacent to the west of tax lot 1400 was recently approved for a commercial dog kennel and training facility. Farther east of the property is Grace Community Church, Christian Life Center, and a Pacific Power and Light substation. Farther south is property zoned MUA- 10, developed with residences on 1 -acre parcels platted as part of the Dobbin Acres subdivision. A property to the southeast (TL 1500) recently received approval for a plan amendment and zone change to redesignate the property from Agricultural to Rural Residential Exception Area, and to rezone the property from EFU-TRB to MUA-10. G. SOILS: According to Natural Resources Conservation Service (NRCS) maps of the area, the subject property contains two different soil types, as described below. Pursuant to the NRCS, tax lot 1400 is designated entirely as 58C — Gosney-Rock Outcrop, Deskamp complex. The NRCS shows lots 1600 and 1601 each contain 58C — Gosney-Rock Outcrop, Deskamp complex Eastside Bend LLC 4 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 and 36A — Deskamp loamy sand. The applicant submitted two soil studies. The Borine study determined tax lots 1600 and 1601 are comprised of soils that do not qualify as Agricultural Land pursuant to OAR 660-033. The Borine study did not include Tax Lot 1400. The purpose of this Borine study was to inventory and assess the soils on the tax lots 1600 and 1601 and to provide more detailed data on soil classifications and ratings than is contained in the NRCS soils maps. The findings are addressed in more detail below. The Rabe study determined that tax lot 1400 is also comprised of soils that do not qualify as agricultural lands as defined by OAR 660-033. The purpose of the Rabe study was (1) to present the results of a site-specific assessment to verify, and where necessary, refine the soils, map units, and boundaries of the previously prepared NRCS study for tax lot 1400, and (2) determine whether the soils on the tax lot 1400 meet the land classification criterion for a non -resource zoning designation. The Rabe study is also addressed in more detail below. The NRCS soil map units identified on the property are described below. 36A, Deskamp loamy sand, 0 to 3 percent slopes: This soil complex is composed of 85 percent Deskamp soil and similar inclusions, and 15 percent contrasting inclusions. The Deskamp soils are somewhat excessively drained with a rapid over moderate permeability, and about 5 inches of available water capacity. Major uses of this soil type are irrigated cropland and livestock grazing. The agricultural capability rating for 36A soils are 3S when irrigated, and 6S when not irrigated. This soil is high-value when irrigated. Approximately 37.6 percent of the subject parcel is made up of this soil type. 58C, Gosney-Rock Outcrop-Deskamp complex, 0 to 15 percent slopes: This soil type is comprised of 50 percent Gosney soil and similar inclusions, 25 percent rock outcrop, 20 percent Deskamp soil and similar inclusions, and 5 percent contrasting inclusions. Gosney soils are somewhat excessively drained with rapid permeability. The available water capacity is about 1 inch. Deskamp soils are somewhat excessively drained with rapid permeability. Available water capacity is about 3 inches. The major use for this soil type is livestock grazing. The Gosney soils have ratings of 7e when unirrigated, and 7e when irrigated. The rock outcrop has a rating of 8, with or without irrigation. The Deskamp soils have ratings of 6e when unirrigated, and 4e when irrigated. Approximately 62.4 percent of the subject parcel is made up of this soil type. Further discussion regarding soils is found in Section III below. H. PUBLIC AND PRIVATE AGENCY COMMENTS: The Planning Division mailed notice of the application and notice of the public hearing to several agencies and the following comments were received: Bend Park & Recreation District Bend Park and Recreation District's Comprehensive Plan calls for a park in the vicinity of the property addressed 21588 Highway 20. The District would like to coordinate with the property Eastside Bend LLC 5 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 owner as their plans progress for this area. Staff received an additional email comment from Sarah Bodo on behalf of Bend Parks and Recreation District on December 4, 2018. It was received before the close of the hearing and record. The Hearings Officer therefore includes the email in the record. In that email, Bend Parks and Rec encourages the applicant to consider park and trail connectivity to the west and notes that when development occurs, the property will be subject to Systems Development Charges. Central Oregon Irrigation District COID Facilities: The subject's property has the A-24 sub lateral that runs through it. o It has a 40' canal right of way along with a 20 -'road right of way along the west side of the canal • No structures are allowed within COID's right of way • No crossings are allowed withoutfirst obtaining a crossing license COID Water Rights: 0 None COID Guideline Statement 0 None Deschutes CountV Building Division NOTICE: The Deschutes County Building Safety Divisions code mandates that Access, Egress, Setbacks, Fire & Life Safety, Fire Fighting Water Supplies, etc. must be specifically addressed during the appropriate plan review process with regard to any proposed structures and occupancies. Accordingly, a// Building Code required items will be addressed, when a specific structure, occupancy, and type of construction is proposed and submittedfor plan review. Deschutes County Transportation Planner Note: This section contains comments following a revised traffic study submitted on October 26, 2018. Mr. Russell's original comments can be found in the full record. I have read the revised traffic study for the roughly 59 -acre rezone from EFU>MUA-16 adjacent to the intersection of Hamby-Ward/US 20. 1 agree with the report's methodology, findings, and conclusions. I've ccd Cody as the report assesses the crash history at Bear CreeklWard and recommends several countermeasures. The following agencies either had no comment or did not respond to the notice: Bend / La Pine School District, Bend City Engineering, Bend Fire Department, Bend Growth Management Department, Bend Planning Department, Bend Public Works Department, BLM — Prineville District Deschutes Field Manager, Central Electric Cooperative, Department of Environmental Quality, Department of Land Conservation and Development — Bend Office, Eastside Bend LLC 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 Department of Land Conservation and Development — Salem Office, Deputy State Fire Marshal, Deschutes County Assessor, Deschutes County Environmental Soils Division, Deschutes County Road Department, Pacific Power & Light, Watermaster — District 11, ODOT. 1. PUBLIC COMMENTS: On June 20, 2018, the Planning Division mailed a Notice of Application to all property owners within 750 feet of the subject property. By letter dated June 27, 2018, Kendra Vogt submitted written comments. She expressed concern with use of the property to grow marijuana. She also expressed concern regarding traffic impact. On December 4, 2018, prior to the hearing, staff received an email from Sandy McJunkin. Ms. McJunkin expressed concern about developing multiple housing and apartments on the property. Specifically, she is concerned that development will increase the number of vehicle and bicycle accidents in the area. Road and traffic concerns are addressed below under the Transportation Planning Rule. NOTICE REQUIREMENT: The applicant complied with the posted notice requirements of Section 22.23.030(B) of Deschutes County Code (DCC) Title 22. The applicant submitted a Land Use Action Sign Affidavit, dated June 19, 2017, indicating the applicant posted notice of the land use action on the property on that same date. On November 6, 2018 the Planning Division mailed a Notice of Public Hearing to all property owners within 750 feet of the subject property and agencies. A Notice of Public Hearing was published in the Bend Bulletin on Sunday, November 11, 2018. Notice of the first evidentiary hearing was submitted to the Department of Land Conservation and Development on October 29, 2018. K. PUBLIC HEARING: On December 4, 2018, at 6:00 pm the Hearings Officer conducted a public hearing. The Hearings Officer read the preliminary statement, including the normal disclosure regarding biases, conflict of interest, and ex parte contacts. There were no objections to the Hearings Officer conducting the hearing. L. REVIEW PERIOD: The application was submitted on June 14, 2018. The application was deemed incomplete on July 13, 2018. Upon submission of additional application materials, the application was deemed complete on October 26, 2018. According to Deschutes County Code 22.20.040(D), the review of the proposed quasi-judicial plan amendment and zone change application is not subject to the 150 -day review period. As a procedural note, the hearing on December4, 2018, was the first of two required de novo hearings since this applicant's request concerns land designated for agricultural use. DCC 22.28.030(c). The second cle novo hearing will be heard in front of the Board of County Commissioners. M. LAND USE HISTORY: Previous land use decisions for the property include the following: Tax Lot 1400 Eastside Bend LLC 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 • LR -03-12: Lot of Record verification confirming the property is a legal lot of record. • LL -03-20: Lot line adjustment with Tax Lot 1600. Tax Lot 1400 decreased in size from 21.18 acres to 20.55 acres. Tax Lot 1600 • TU -84-40: Temporary Use Permit to place a manufactured home on a farm property. • CU -84-86: Conditional Use Permit to allow the permanent placement of a manufactured home on a farm property. • LM -98-142: Approval of Landscape Management Review to replace the manufactured home on the property. • LL -03-20: Lot line adjustment with Tax Lot 1400. Tax Lot 1600 increased in size from 33.77 to 34.4 acres in size. • 247 -17 -000184 -CE: Code enforcement case regarding garbage on the property, case closed. Tax Lot 1601 0 No land use permits to date. 111111. CONCLUSIONS OF LAW TITLE 18 OF THE DESCHUTES COUNTY CODE — ZONING ORDINANCE Chapter 18.136, Amendments Section 18.136.010, Amendments DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for text or legislative map changes shall be as set forth in DCC 22.12. A request by a property owner for a quasi-judicial map amendment shall be accomplished byfiling an application on forms provided by the Planning Department and shall be subject to applicable procedures of DCC Title 22. FINDING: The applicant, also the property owner, has requested a quasi-judicial plan amendment and filed the applications for a plan amendment and zone change. The applicant has filed the required land use application forms for the proposal. The application will be reviewed utilizing the applicable procedures contained in Title 22 of the Deschutes County Code. Section 18.136.020, Rezoning Standards The applicant for a quasi-judicial rezoning must establish that the public interest is best served by rezoning the property. Factors to be demonstrated by the applicant are: A. That the change conforms with the Comprehensive Plan, and the change is consistent Eastside Bend LLC 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 with the plan's introductofy statement and goals. FINDING: The applicant provided the following response in its burden of proof: Per prior Hearings Officers decisions {Powell/Ramsey and La ndholdingsl for plan amendments and zone changes on EFU-zoned property, this paragraph establishes two requirements: (1) that the zone change conforms to the Comprehensive Plan and (2) that the change is consistent with the plan's introductory statements and goals. Both requirements are addressed below: 1. Conformance with the Comprehensive Plan: The applicant proposes a plan amendment to change the Comprehensive Plan designation for the subject property from Agriculture to Rural Residential Exception Area. The proposed rezoning from EFU-TRB to MUA-10 will need to be consistent with its proposed new plan designation. 2. Consistency with the Plan's Introductory Statement and Goals: In previous decisions, the Hearings Officer found the introductory statements and goals are not approval criteria for the proposed plan amendment and zone change. However, the Hearings Officer in the Landholdings decision found that depending on the language, some plan provisions may apply andfound the following amended comprehensive plan goals and policies require consideration and that other provisions of the plan do not apply as stated below in the Landholdings decision: "Comprehensive plan statements, goals and policies typically are not intended to, and do not, constitute mandatory approval criteria for quasi-judicialland use permit applications. Save Our Skyline v. City of Bend, 48 Or LUBA 192 (2004). There, LUBA held: 'As intervenor correctly points out, local and statutory requirements that land use decisions be consistent with the comprehensive plan do not mean that all parts of the comprehensive plan necessarily are approval standards. [Citations omitted.] Local governments and this Board have frequently considered the text and context of cited parts of the comprehensive plan and concluded that the alleged comprehensive plan standard was not an applicable approval standard. [Citations omitted.] Even if the comprehensive plan includes provisions that can operate as approval standards, those standards are not necessarily relevant to all quasi- judicial land use permit applications. [Citation omitted.] Moreover, even if a plan provision is a relevant standard that must be considered, the plan provision might not constitute a separate mandatory approval criterion, in the sense that it must be separately satisfied, along with any other mandatory approval criteria, before the application can be approved. Instead, that plan provision, even if it constitutes a relevant standard, may represent a required consideration that must be balanced with other relevant considerations. [Citations omitted.]' LUBA went on to hold in Save Our Skyline that it is appropriate to 'considerfirst whether the comprehensive plan itself expressly assigns particular role to some or a// of the Eastside Bend LLC 9 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 plan's goals and policies.' Section 23. 08. 020 of the county's comprehensive plan provides as follows: The purpose of the Comprehensive Plan for Deschutes county is not to provide a site- specific identification of the appropriate land uses which may take place on a particular Piece of land but rather it is to consider the significantfactors which affect or are affects by development in the county and provide a general guide to the various decision which must be made to promote the greatest efficiency and equity possible, which managing the continuing growth and change of the area. Part of that process is identification of an appropriate land use plan, which is then interpreted to make decision about specific sites (most often in zoning and subdivision administration) but the plan must also consider the sociological, economic and environmental consequences of various actions and provide guidelines and policies for activities which may have effects beyond physical changes of the land. (emphases added by applicant) The Hearings Officer previously found that the above -underscored language strongly suggests the county's plan statements, goals and policies are not intended to establish approval standards for quasi-judicial land use permit applications. In Bothman v. City of Eugene, 51 Or LUBA 426 (2006), LUBA found it appropriate also to review the language of specific plan policies to determine whether and to what extent they may in fact establish decisional standards. The policies at issue in that case included those ranging from aspirational statements to planning directives to the city to policies with language providing 'guidance for decision-making' with respect to specific rezoning proposals. In Bothman LUBA concluded the planning commission erred in not considering in a zone change proceeding a plan policy requiring the city to 'frJecognize the existing general office and commercial uses located * * * [in the geographic area including the subject property] and discourage future rezonings of these properties.' LUBA held that: *** even where a plan provision might not constitute an independently applicable mandatory approval criterion, it may nonetheless represent a relevant and necessary consideration that must be reviewed and balanced with other relevant considerations pursuant to ordinance provisions that require *** consistency with applicable plan provision.' (Emphasis added.) The county's comprehensive plan includes a large number of goals and policies. The applicant's burden of proof addresses goals for rural development, economy, transportation, public facilities, recreation, energy, natural hazards, destination resorts, open spaces, fish and wildlife, and forest lands. The Hearings Officer finds these goals are aspirational in nature and therefore are not intended to create decision standards for the proposed zone change. " Hearings Officer Karen Green adhered to these findings in the Powell/Ramsey decision (file nos. PA-14-21ZC-14-2), andfound the above referenced introductory statements andgoals are not approval criteria for the proposed plan amendment and zone change. This Hearings Officer also adheres to the above findings herein. Nevertheless, Eastside Bend LLC 10 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 depending upon their language, some plan provisions may require "consideration" even if they are not applicable approval criteria. Save Our Skyline v. City of Bend, 48 Or LUBA 192,209(2004). Ifind that the following amended comprehensive plan goals and policies require such consideration, and that other provisions of the plan do not apply:" The comprehensive plan goals and polices that the Landholdings Hearings Officer found to apply include the following... The applicant utilizes the analysis provided in prior hearings officers decisions to determine and respond to only the goals and policies in the County's Comprehensive Plan that apply. Those goals and policies are listed in this Decision. The Hearings Officer agrees with the applicant's analysis and finds this provision to be met. B. That the change in classification for the subject property is consistent with the purpose and intent of the proposed zone classification. FINDING: The applicant provided the following response in the burden of proof: The applicant is proposing to change the zone classification from EFU to MUA-10. Approval of the application is consistent with the purpose of the MUA-10 zoning district, which stated in DCC 18.32. 010 as follows: "The purposes of the Multiple Use Agricultural Zone are to preserve the rural character of various areas of the County while permitting development consistent with that character and with the capacity of the natural resources of the area; to preserve and maintain agricultural lands not suited to full-time commercial farming for diversified or part-time agricultural uses; to conserveforest landsforforest uses, to conserve open spaces andprotect natural andscenic resources; to maintain and improve the quality of the air, water and land resources of the County; to establish standards and procedures for the use of those lands designated unsuitable for intense development by the Comprehensive Plan, and to provide for an orderly and efficient transition from rural to urban land use. " The subject property is not suited to full-time commercial farming as discussed in the findings above. The MUA-10 zone will allow property owners to engage in hobby farming. The low- density of development allowed by the MUA-10 zone will conserve open spaces and protect natural and scenic resources. In the Landholding's case, the Hearings Officerfound: Ifind that the proposed change in zoning classification from EFU is consistent with the purpose and intent of the MUA-10 zone. Specifically, the MUA-10 zone is intended to preserve the rural character of various areas of the County while permitting development consistent with that character and with the capacity of the natural resources of the area. Approval of the proposed rezone to MUA-10 would permit applications for low-density development, which will comprise a transition zone between EFU rural zoning, primarily to the east and City zoning to the west. Eastside Bend LLC 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 The maximum density of the approximately 60 -acre property if developed with a cluster development under Title 18 is 11 lots. This low density will preserve open space, allow owners to engage in hobbyforming, if desired, and preserve natural and scenic resources and maintain or improved the quality of air, water, and land resources. The MUA-10 zoning provides a proper transition zone from City, to rural zoning to EFU zoning. The Hearings Officer finds the applicant has demonstrated the change in classification is consistent with the purpose and intent of the MUA-10 Zone. This provision is met. C That changing the zoning will presently serve the public health, safety and welfare considering the following factors: 1. The availability and efficiency of providing necessary public services and facilities. FINDING: Although there are no current plans to develop the property, the criterion specifies if the zone change will presently serve public health, safety, and welfare. The applicant provides the following response in the burden of proof: Necessary public facilities and services are available to serve the subject property and include will -serve letters from PacifiCorp, Central Electric Cooperative, and Avian Water Company, Inc., as well as logs in the area show that electric power and water services are available to serve the property. Exhibits 10 and 12. The subject property adjoins four major roadways: Highway 20, Hamby Road and Ward Road, and Bear Creek Road. The impact of rezoning the subject property will have minimal impacts to the road system. MUA-10 zoning and a standard subdivision would allow the creation of up to six residential lots. if developed with a cluster development, the property would generate up to 55 additional daily trips. The existing road network is available to serve the use. The traffic report by Transight Consulting found that the proposed rezone does not change the functional classification of Hamby Road - Ward Road - or result in levels of travel that would be inconsistent with the roadway function and concluded that a "significant affect does not occur with the proposed rezone. " The property receives police services from the Deschutes County Sheriff. The property is in a rural fire protection district and the nearest fire station is nearby. It is efficient to provide necessary services to the property because the property is already served by these service providers and the property is close to the City limits of Bend and adjacent to large tracts of land zoned MUA-10 that are extensively developed with rural and urban density residences. Neighboring properties contain residential and commercial uses, which have water service from a quasi -municipal source or wells, on-site sewage disposal systems, electrical service, telephone services etc. There are no known deficiencies in public services or facilities that would negatively impact public health, safety, or welfare. Prior to development of the property, the applicant would be required to comply with the applicable requirements of the Deschutes County Code, including possible land use permit, building permit, and sewage disposal permit processes. Through these Eastside Bend LLC 12 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 development review processes, assurance of adequate public services and facilities will be verified. The Hearings Officer finds this provision is met. 2. The impacts on surrounding land use will be consistent with the specific goals and policies contained within the Comprehensive Plan. FINDING: The applicant reviews potential impacts on surrounding land uses in their response to each individual policy and goal item. Further analysis is detailed below. D. That there has been a change in circumstances since the property was last zoned, or a mistake was made in the zoning of the property in question. FINDING: The applicant is proposing to rezone the property from EFU to MUA-10 and redesignate the property from Agriculture to Rural Residential Exception Area, as the property was improperly designated as farmland. The applicant has provided the following response in the burden of proof: 1. Mistake: The EFU zoning designation was likely based on the best available soils data that the County had at the time in the County in the late 1970's when the comprehensive plan and map were adopted. 2. Change in Circumstances: There clearly has been a change in circumstances since the property was last zoned in the 1970s: Soils: New soils data provided in the Borine soils report shows the property does not have agricultural soils. Traffic: Increased traffic along the road systems fronting and bisecting the subject property. Highway 20, Bear Creek Road, Hamby Road, and Ward Road have all experienced an increase in traffic over the past 30 years, making it increasingly difficult to operate farm equipment and graze cattle. Farming economics in Central Oregon have significantly changed, the evidence is clear that it is difficult to make a profit in forming, particularly on smaller parcels such as the subject property. Viability of farm uses are not viable on the property or on other area properties and, as a result, many property owners are choosing to forego irrigating their properties. Decline in farm operations have steadily declined in Deschutes County between 2007 and 2012, with only a small fraction of form operators achieving a net profit from forming in 2011. (Exhibit 13). Encroaching developmen in the City of Bend to the west of the subject property has brought both traffic and higher intensity commercial uses to the area. Eastside Bend LLC 13 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 The above analysis from the applicant's burden of proof regarding traffic, farming economics, viability of farm uses, decline in farm operations, and encroaching development demonstrates that there has been a change in circumstances. Additionally, the Borine and Rabe soil studies (as discussed below) show and otherwise confirm that the subject property does not have agricultural soils. For the reasons described by the applicant, the Hearings Officer finds that there was a mistake made when the property was zoned and that a change in circumstances has occurred since the property was last zoned. TITLE 23 OF THE DESCHUTES COUNTY CODE — COMPREHENSIVE PLAN Chapter 2, Resource Management Section 2.2, Agricultural Lands Policies Goal 1, Preserve and maintain agricultural lands and the agricultural industry. FINDING: The applicant is pursuing a plan amendment and zone change on the basis that the subject property does not constitute "agricultural lands", and therefore, the subject lands are not necessary to preserve or maintain as such. The applicant states the following in the burden of proof: In the Landholdings decision (and Powell/Ramsey decision) the Hearings Officerfound that this goal is an aspirational goal and not an approval criterion... The Borine soils report and the NRCS data show the subject property consist[s] predominantly (63.75vo) of Class 7 and 8 non-agricultural soils. According to Mr. Borine, these soils have severe limitations for farm use as well as poor soil fertility, shall and very shallow soils, surface stoniness, low available water capacity, and limited availability of livestock forage. in addition, the property is isolatedfrom farmlands being surrounded by high traffic roadways near the City of Bend, including Highway 20, Bear Creek Road, Hamby, and Ward Roads, and other non- agricultural and unproductive agricultural lands. After submitting its burden of proof, the applicant submitted the Rabe study for Tax Lot 1400. In that study, Mr. Rabe notes the entire tax lot to be within map unit 58C (Gosney, Rock outcrop, Deskamp complex). Gosney soils are Class 7, rock outcrops are Class 8, and Deskamp are Class 6. According to Mr. Rabe, map unit 58C is expected to consist of about 75% Class 7 and 8 soils. Mr. Rabe's site specific study determined the soils to be "generally consistent" with the NRCS soil survey. Rabe study, pg. 3. He found that of the 20.33 acres, 11.41 (56%) are Class 7 and Class 8 soils in map units 57B and 109. The remaining 8.92 acres (44%) are Class 6 soils in map unit 3613. In sum, Mr. Rabe determined that since 56% of the soils are Class 7 and 8, the site is not considered Agricultural Land. Rabe study, pg. 4 and 6. While the Hearings Officer agrees with the applicant's general conclusion relating to this policy (as quoted above), it is not clear, in light of the Rabe study, that the above quoted figures are accurate. Specifically, the Hearings Officer is not sure how the "63.7%" was calculated. Eastside Bend LLC 14 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 The Hearings Officer notes, though, that the Borine study is substantial evidence that tax lots 1600 and 1601 are comprised of 58% (22.4) Class 7 and 8 soils (see Table 3, pg. 5, Borine study), and the Rabe study is substantial evidence that tax lot 1400 is comprised of 56% (11.4 acres) Class 7 and Class 8 soils (see Rabe study, pg. 4). Thus, of the 59.2 acres that make up the subject property, 57% (33.8 acres) are Class 7 and Class 8 soils. In addition to the soil class, both the Rabe and Borine studies describe the severe limitations for farm use, including poor soil fertility and limited livestock forage. Additionally, the subject property is isolated from farmlands and surrounded by high traffic roadways. For these reasons, and as described in more detail below, the subject property is not agricultural land and does not need to be preserved or maintained as such. The proposed plan amendment and zone change are consistent with this policy. Policy 2.2.2 Exclusive Farm Use sub -zones shall remain as described in the 1992 Farm Study and shown in the table below, unless adequate legal findings for amending the sub -zones are adopted or an individual parcel is rezoned as allowed by Policy 2.2.3. FINDING: The applicant is not asking to amend the subzone that applies to the subject property; rather, the applicant is seeking a change under Policy 2.2.3 and has provided evidence to support rezoning the subject property to IVIUA-10. Policy 2.2.3 Allow comprehensive plan and zoning map amendments for individual EFU parcels as allowed by State Statute, Oregon Administrative Rules and this Comprehensive Plan. FINDING: The applicant is seeking approval of a plan amendment and zone change to redesignate and rezone the property from Agricultural to Rural Residential Exception Area. The applicant is not seeking an exception to Goal 3 — Agricultural Lands, but rather is attempting to demonstrate that the subject property does not meet the state definition of "Agricultural Land", as defined in Statewide Planning Goal 3 (OAR 660-033-0020). Deschutes County has allowed this approach in previous Hearings Officer's decisions including Porter Kelly Burns Landholdings (247-16-000317-ZC/318-PA), Department of State Lands (PA-11-7/ZC-11-2), Pagel (PA-08-1/ZC-08-1), and the Daniels Group (PA -08-1, ZC-08-1). Additionally, the Land Use Board of Appeals (LUBA) allowed this approach in Wetherell v. Douglas County, 52 Or LUBA 677 (2006). In Wetherell v. Douglas County, LUBA states at pp. 678-679: As we explained in DLCD v. Klamath County, 16 Or LUBA 817, 820 (1988), there are two ways a county can justify a decision to allow nonresource use of land previously designated and zoned forfarm use orforest uses. One is to take an exception to Goal 3 (Agricultural Lands) and Goal 4 (Forest Lands). The other is to adopt findings which demonstrate the land does not qualify either as forest lands or agricultural lands under the statewide planning goals. When a county pursues the latter option, it must demonstrate that despite the prior resource plan and zoning Eastside Bend LLC 15 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 designation, neither Goal 3 or Goal 4 applies to the property. Caine v. Tillamook County, 25 Or LUBA 209, 218 (1993); DLCD v. Josephine County, 18 Or LUBA 798, 802 (1990). The facts presented by the applicant in the burden of proof for the subject application are sufficiently similar to those in the Wetherall decisions and in the aforementioned Deschutes County plan amendment and zone change applications. Therefore, the Hearings Officer agrees the applicant has the potential to prove the property is not agricultural land and does not require an exception to Goal 3 understate law. Policy 2.2.4 Develop comprehensive policy criteria and code to provide clarity on when and how EFU parcels can be converted to other designations. FINDING: This plan policy provides direction to Deschutes County to develop new policies to provide clarity when EFU parcels can be converted to other designations. Thus, the Hearings Officer finds this does policy does not apply to a specific property owner or applicant. The Hearings Officer concurs, though, with the County's previous determinations in plan amendment and zone change applications and finds the proposal is consistent with this policy. Goal 3, Ensure Exclusive Farm Use policies, classifications and codes are consistent with local and emerging agricultural conditions and markets. Policy 2.2.13 Identify and retain accurately designated agricultural lands. FINDING: This plan policy makes it clear that it is County's policy to identify and retain agricultural lands that are accurately designated. The applicant proposes that the subject property was not accurately designated as demonstrated by the soil study, NRCS soil data, and the applicant's burden of proof. Further discussion on the soil analysis provided by the analysis is detailed under the OAR Division 33 criteria below. Section 2.5, Water Resources Policies Goal 6, Coordinate land use and water policies. Policy 2.5.24 Ensure water impacts are reviewed and, if necessary, addressed for significant land uses or developments. FINDING: The applicant is not proposing a specific development proposal at this time. Therefore, the applicant is not required to demonstrate the water impacts associated with development. Rather, the applicant will be required to address this criterion during development of the subject property, which would be reviewed under any necessary land use process for the site (e.g. conditional use permit, tentative plat). This criterion does not apply. Section 2.7, Open Spaces, Scenic Views and Sites Goal 1, Coordinate with property owners to ensure protection of significant open spaces and scenic views and sites. Eastside Bend LLC 16 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 Policy 2.Z3 Support efforts to identify and protect significant open spaces and visually important areas including those that provide a visual separation between communities such as the open spaces of Bend and Redmond or lands that are visually prominent. Policy 2. Z 5 Encourage new development to be sensitive to scenic view and sites. FINDING: The applicant addressed this criterion in their burden of proof, stating: ... The majority of the property has an overlay of Landscape Management Combining Zone (LM). The applicable Landscape Management road as identified in Section 5.5, Goal 5 Inventory, Open Spaces, Scenic Views and Sites of the Comprehensive Plan, is "Highway 20 east to the County Line" which is about 25 miles. The LM area extends Xmile on either side from the cen terline of Highway 20. Thus, as shown on page 3 of Exhibit 6 of the Burden of Proof, the majority of the subject properties are located in the LM zone. Chapter 18.84 of Deschutes County Code (DCC) is the implementing code that addresses the Landscape Management Combining Zone (LM). Per Section 18.84.050, Use Limitations, subsection (A) LM review is not triggered until a use or structure requires a building permit or an agriculture structure... The proposed plan amendment and zone change does not contain any changes to the existing LM overly and will not trigger LM review as no development is proposed at this time. Any future development will be subject to LM review and be sensitive to the scenic views as seen from Highway 20. ... if the plan amendment and zone change were approved, the applicant would likely develop the propertyfor residential purposes and cluster the homes in one area leaving the remainder of the property in "open space" and undeveloped. The Landscape Management (LM) Combining Zone associated with Highway 20 extends over the entirety of the subject property. The applicant's response demonstrates sensitivity to the potential impact on the scenic corridor from development scenarios. As no actual development of the property is proposed at this time, though, the Hearings Officer finds these policies do not apply to the subject proposal. Chapter 3, Rural Growth Section 3.2, Rural Development Growth Potential As of 2010, the strong population growth of the last decade in Deschutes County was thought to have leveled off due to the economic recession. Besides flatter growth patterns, changes to State regulations opened up additional opportunities for new rural development. The following list identifies general categories for creating new residential lots, all of which are subject to specific State regulations. 0 Some farm lands with poor soils that are adjacent to rural residential uses can be rezoned as rural residential Eastside Bend LLC 17 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 FINDING: This section of the Comprehensive Plan does not contain goals or policies but does provide the guidance above. In response to this section, the applicant's burden of proof provides the following: In the Landholdings case, the Hearings Officer found that the "County's Comprehensive Plan and the County Code provisions anticipate the need for additional rural residential lots as the region continues to grow. The Plan and the Code providefora mechanism to rezoneform lands with poor soils to a rural residential zoning designation". The applicant has demonstrated that the subject property is comprised of poor shallow rocky soils, is adjacent to rural residential property located west of tax lots 1600 and 1601 and south of Bear Creek Road, and partially isolatedbyState and County roadsystems serving Bend Rezoning the subjectproperty to MUA- 10 is consistent with this criterion, as it will providefor an orderly and efficient transitionfrom the Bend Urban Growth Boundary to rural and agricultural land. The Hearings Officer notes that the MUA-10 Zone is a rural residential zone and as discussed in the Findings of Fact above, there are many adjacent properties to the south and west that are zoned MUA-10 or RR -10. Additionally, many properties to the west are within urban residential zones within the city limits of Bend. Other MUA-10 and RR -10 zoned properties are located farther south, east, and north of the subject property. The above policy notes that lands with poor soil can be rezoned to rural residential. The two soil studies submitted by the applicant demonstrate that the three tax lots that are the subject of this application all have poor soils. The Hearings Officer therefore finds that this policy applies to the subject property and that it should be rezoned to rural residential (MUA-10). Section 3.3, Rural Housing Rural Residential Exception Areas In Deschutes County most rural lands are designated for farms, forests or other resources and protected as described in the Resource Management chapter of this Plan. The majority of the land not recognized as resource lands or Unincorporated Community is designated Rural Residential Exception Area. The County had to follow a process under Statewide Goal 2 to explain why these lands did not warrant farm or forest zoning. The major determinant was that many of these lands were platted for residential use before Statewide Planning was adopted. In 1979 the County assessed that there were over 17,000 undeveloped Rural Residential Exception Area parcels, enough to meet anticipated demand for new rural housing. As of 2010 any new Rural Residential Exception Areas need to be justified through taking exceptions to farm, forest, public facilities and services and urbanization regulations, and follow guidelines set out in the OAR. FINDING: The applicant provided the following response to this provision in the burden of proof: Eastside Bend LLC 18 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 The Hearings Officer in the Landholdings decision found that the language set forth above in Section 3.3 is "background text and not a plan policy or directive" as stated below: "The Hearings Officerfinds that the language set forth above under Section 3.3 of the County Comprehensive Plan is background text and not a plan policy or directive. As set forth in the findings above, incorporated herein by this reference, no goal exception is required for the subject applications because the Hearings Officer has made findings that the land does not qualify as forest lands or agricultural lands under the statewide planning goal. The Hearings officer relies in part on the Hearings officer's decision for PA -1 1 -1 71ZC-1 1-2 (Daniels Group) concerning this language of Section 3.3 in which, Hearings Officer Kenneth Helm, states at page 11 of the decision: To the extent that the quoted language above represents a policy, it appears to be directed at afundamentally different situation than the one presented in this application. The quoted language addresses conversions of 'farm" or 'forest" land to rural residential use. In those cases, the language indicates that some type of exception under state statute and DLCD rules will be required in order to support a change in Comprehensive Plan designation. See ORS 197 732 and OAR 660, Division 004. That is not what this application seeks to do. The findings below explain that the applicant has been successful in demonstrating that the subject properly is composed predominantly of nonagricultural soil types. Therefore, it is permissible to conclude that the properly is not 'farmland" as defined under state statute, DLCD rules, and that it is not correctly zonedfor exclusive farm use. As such, the application does not seek to convert "agriculturalland" to rural residential use. if the land is demonstrated to not be composed of agricultural soils, then there is no "exception" to be taken. There is no reason that the applicant should be made to demonstrate a reasons, developed or committed exception under state low because the subject property is not composed of the type of preferred land which the exceptions process was designed to protect. For all these reasons, the Hearings Officer concludes that the applicant is not required to obtain an exception to Goal 3. There is one additional related matter which warrants discussion in connection with this issue. It appears that part of Staff's hesitation and caution on the issue of whether an exception might be required is rooted in the title of the Comprehensive Plan designation that would ultimately apply to the subject property - which is "Rural Residential Exception Area. " There appears to be seven countywide Comprehensive Plan designations as identified in the plan itself. These include "Agriculture, Airport Development, Destination Resort Combining Zone, Forest, Open Space and Conservation, Rural Residential Exception Area, and Surface Mining." Of the seven designations, only rural Residential Exception Area provides for associated zoning that will allow rural residential development. As demonstrated by reference to the Pagel decision discussed above, there appears to be instances in which rural residential zoning has been applied without the underlying land necessarily being identified as an exception area. This makes the title of the "Rural Residential Exception Area" designation confusing and in some cases inaccurate, because no exception is associated with the underlying land in question. However, it is understandable that since this designation is the only one that will allow rural residential development, that it has become a catchall designation for land types that are authorizedfor rural residential zoning. That is the case Eastside Bend LLC 19 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 with the current proposal, and again, for the same reason set forth in the Hearings Officer Green's decision in Pagel, I cannot find a reason why the County would be prohibited from this practice. (emphasis added). I find that Deschutes County has interpreted the RREA plan designation as the property "catchall" designation for non -resource land. As a result, the Hearings Officerfinds that the RREA plan designation is the appropriate plan designation for the subject property. As stated above, the Hearings Officerfinds that the language setforth above under Section 3.3 of the County Comprehensive Plan is background text and not a plan policy or directive. In addition, the County has interpreted the RREA plan designation as the proper "catchall" designation for non -resource land and therefore, the RREA plan designation is the appropriate plan designation for the subject property. The Hearings Officer agrees with the above quoted language that Section 3.3 is not a policy and does not require an exception to the applicable Statewide Planning Goal 3. Therefore, the RREA plan designation is the appropriate plan designation to apply to the subject property. Section 3.7, Transportation Appendix C — Transportation System Plan 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 4.4 Deschutes County shall consider roadwayfunction, classification and capacity as criteria for plan map amendments and zone changes. This shall assure that proposed land uses do not exceed the planned capacity of the transportation system. FINDING: This policy applies to the County and advises it to consider the roadway function, classification and capacity as criteria for plan amendments and zone changes. The County can comply with this direction by determining compliance with the Transportation System Planning Rule (TPR), as described below. OREGON ADMINISTRATIVE RULES CHAPTER 660, LAND CONSERVATION AND DEVELOPMENT DEPARTMENT Division 6, Goal 4 — Forest Lands OAR 660-006-0005, Definitions (7) ""Forest lands" as defined in Goal 4 are those lands acknowledged as forest lands, or, in the case of a plan amendment, forest lands shall include: (a) Lands that are suitable for commercial forest uses, including adjacent or nearby lands which are necessary to permitforest operations or practices; and Eastside Bend LLC 20 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 (b) Other forested lands that maintain soil, air, water and fish and wildlife resources. FINDING: The subject property is not zoned for forest lands, nor are any of the properties within a two-mile radius. The property does not contain merchantable tree species and there is no evidence in the record that the property has been employed for forestry uses historically. None of the soil units comprising the parcel are rated for forest uses according to NRCS data. The property does not qualify as forest land. Division 33 - Agricultural Lands & Statewide Planning Goal 3 - Agricultural Lands; OAR 660-015-0000(3) To preserve and maintain agricultural lands. Agricultural lands shall be preserved and maintained for farm use, consistent with existing and future needs for agricultural products, forest and open space and with the state's agricultural land use policy expressed in ORS 215.243 and 215.700. FINDING: Goal 3 continues on to define "Agricultural Land", which is repeated in OAR 660-033- 0020(l). The Hearings Officer makes findings on this topic below and incorporates those findings herein by reference. OAR 660-033-0020, Definitions For purposes of this division, the definitions in ORS 197.015, the Statewide Planning Goals, and OAR Chapter 660 shall apply. In addition, the following definitions shall apply. (1)(a) "Agricultural Land" as defined in Goal 3 includes: (A) Lands classified by the U.S. Natural Resources Conservation Service (NRCS) as predominantly Class I-IV soils in Western Oregon and I -VI soils in Eastern Oregon'; FINDING: The applicant does not request an exception to Goal 3 because it believes that the subject property does meet the definition of "Agricultural Land". In support, the applicant offers the following: The subject property is not properly classified as Agricultural Land and does not merit protection under Goal 3. The soils are predominately Class 7 and 8 soils as shown by the more detailed soils report prepared by soils scientist Roger Borine, which State law, OAR 660-033-0030, allows the County to rely on for more accurate soils information. Mr. Borine found that approximately 58% of the soils on Tax Lots 1600 and 1601 (40 acres) is Land Capability Class 7 and 8 soils that I OAR 660-033-0020(5): "Eastern Oregon" means that portion of the state lying east of a line beginning at the intersection of the northern boundary of the State of Oregon and the western boundary of Wasco County, then south along the western boundaries of the Counties of Wasco, Jefferson, Deschutes and Klamath to the southern boundary of the State of Oregon. Eastside Bend LLC 21 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 have severe limitations for farm use. He also found the site to have poor soil fertility, shallow and very shallow soils, surface stoniness, low available water capacity, and limited availability of livestock forage, which are considerations for the determination for suitability for farm use. The Hearings Officer has reviewed Borine study and agrees with the applicant's representation of the data for tax lots 1600 and 1601. The Hearings Officer has also reviewed the Rabe study. The Rabe study demonstrates that tax lot 1400 is comprised predominantly of Class 7 and 8 soils and thus does not meet the definition of "Agricultural Land". As noted previously, 57% of the subject property is Class 7 and 8 soil, so it does not meet the definition of "Agricultural Land" under OAR 660-033- 0020(l)(a)(A) because it is not predominantly Class I -VI soils. (B) Land in other soil classes that is suitable for farm use as defined in ORS 215.203(2)(a), taking into consideration soil fertility; suitability for grazing, climatic conditions; existing and future availability of water for farm irrigation purposes; existing land use patterns; technological and energy inputs required; and accepted forming practices; and FINDING: The applicant's basis for not requesting an exception to Goal 3 is based on the proposal that the subject property does not meet the definition of "Agricultural Land". The applicant provides the following analysis of this determination in the burden of proof. This part of the definition of "Agricultural Land" requires the County to consider whether the Class 7 and 8 soilsfound on the subject property are suitableforfarm use despite their Class 7 and 8 classification. The Oregon Supreme Court has determined that the term 'farm use" as used in this rule and Goal 3 means the current employment of landfor the primary purpose of obtaining a profit in money through specific farming -related endeavors. The costs of engaging in farm use are relevant to determining whetherfarm activities are profitable and this is afactor in determining whether land is agricultural land. Wetherell v. Douglas County, 342 Or 666,160 P3d 614 (2007). According to Deschutes County records, a portion of the property on tax lot 1600 at one time was irrigated and used to grow hay crop and grazing purposes. Central Oregon Irrigation District's (COID) research shows the property (tax lot 1600) had 20 acres of appurtenant irrigation that was conveyed to COID in 2012 and later removed via a water transfer with Oregon Water Resources Department in 2014. COID's records also show that tax lot 1601 hod 2.0 acres of appurtenant irrigation that was conveyed to COID in 2006 and later removed in 2008. Tax lot 1400 had 9.5 acres of water rights that were transferred in 1997 The extremely poor soils found on the property prevent it from providing sufficient feed for livestock for dryland grazing. The dry climate, the proximity to US Highway 20 and area development prevent grazing from being a viable or potentially profitable use of the property. The soils are so poor that they would not support the production of crops for a profit, assuming irrigation water rights could be obtainedfor that purpose. The primary agricultural use conducted on properties with poor soils is grazing cattle. Given the high cost of irrigating and maintaining the property as pasture or cropland (high labor costs, labor-intensive, high cost of irrigation equipment and electricity, high cost offertilizer, etc.), dry Eastside Bend LLC 22 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 land grazing is the accepted form use of poor soils in Deschutes County. This use can be conducted until the native vegetation is removed by grazing (see the discussion of the suitability of the propertyfor grazing, below). When assessing the potential income from dry land grazing, Deschutes County uses a formula and assumptions developed by the OSU Extension Service. This formula is used by the County to decide whether EFU-zoned land is generally unsuitable for farm use. • One AUM is the equivalent to theforage requiredfor a 1000 lb. cow and calf to grozefor 30 days (900 pounds offorage). • On good quality forage, an animal unit will gain 2 pounds per day. • Two animal units will eat as much in one month as one animal unit will eat in two months. • Forage production on dry land is not continuous. Once the forage is eoten, it generally will not grow back until the following spring. • An average market price for beef is $1.20 per pound. Based upon these assumptions, the value of beef production on the entire subject property can be calculated using the following formula: 30 days x 2#1daylacre = 60.0 lbs. Beeflacre (1 acre per A UM) 60.0 lbs. Beeflacre x 59.24 acres x $1.2011b. = $4,265.28 per year gross income Thus, the total gross beef production potentialfor the subject property would be approximately $4,265.28 annually. This figure represents gross income and does not take into account real property taxes, fencing costs, land preparation, purchase costs of livestock, veterinary costs, or any other costs of production, which would exceed income. In addition, as the subject property abuts a busy state highway and road intersections, the costfor liability insurance due to the risk of livestock escape and the potentialfor a vehiclellivestock accident, would likely be expensive. A review of the seven considerations listed in the administrative rule, below, shows why the poor soils found on the subject property are not suitable for farm use that can be expected to be profitable: Soil Fertility: Mr. Borine found the soil fertility in terms of organic matter to be "extremely low to non- measureable and clay content is less than five percent. " In addition, Mr. Borine states that high levels of fertilization are required for a grass crop to be produced and due to the "very low Cation Exchange Capacity" which is important because it provides a reservoir of nutrients for plant uptake, the fertilization is "readily leached out of the soil by irrigation and precipitation" and ends up on the surface or in the groundwater. In addition, lime is needed as a soil amendment to raise the soil pH to an acceptable range for plant nutrient uptake. He concludes this section of soils fertility by saying: To maintain a minimum level of essential nutrients for proper crop growth multiple yearly applications of very high rates of fertilizer and soil amendments are required. Without soil Eastside Bend LLC 23 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 sampling, lob analyses, proper fertilization and soil amendments these soils are nonproductive and infertile. [Emphasis added by applicant.] The fact that the soils are infertile unless mode fertile through artificial means supports the applicant's position that the Class 7 soils and the entire property is not suitable for farm use. The costs to purchase and applyfertilizer and soil amendments and the costs to sample and test soils are a part of the reason why it is not profitable to farm the subject property. Unsuitability for Grazing: Mr. Borine also reviewed the suitability for grazing on the property and concluded: Soil, vegetation, climate and landscape are determinant factors for the suitabilityfor grazing of livestock. Limitations that are recognized on this site include very low available waterfor plant growth. Restricted depth limits seeding only to drought tolerant species, and rock outcrop limits the areas suitable for grazing. The cold climate and soil temperatures delay growth of forage and low water retention in the soil and no summer moisture shortens the growing season. Reestablishment of the native vegetation is likely impossible due to the pumice ash surface layer and past land alterations. Restricted depth limits seeding only to drought tolerant species, and rock outcrop limits the areas suitable for grazing. Existing and Future Availability of Waterfor Farm Irrigation Purposes: No new irrigation water rights are expected to be available to the Central Oregon Irrigation District (COID) in the foreseeable future. In order to obtain water rights, the applicant would need to convince another COID customer to remove water rights from their property and sell them to the applicant and obtain State and COID approval to apply the water rights to the subject property. In such a transaction, water rights would be taken off productive farm ground and applied to the nonagricultural soils found on the subject property. Such a transaction runs counter to the purpose of Goal 3 to maintain productive Agricultural Land inform use. Given the poor quality of these soils, it is highly unlikely that Central Oregon Irrigation District would approve a transfer of water rights to this property. In addition, no person intending to make a profit infarming would go to the expense of purchasing water rights, mapping the water rights and establishing an irrigation system to irrigate the lands on the subject property. Given the dry climate, it is necessary to irrigate the subject property to grow a hay crop and to maintain a pasture. Irrigating the soils found on the subject property, according to Mr. Borine, leaches nutrients from the soil so that expensive testing, soils amendments and fertilizers are needed to grow crops. Afarmer would need to also spend significant sums of money to purchase additional water rights, purchase irrigation systems, maintain the systems, pay laborers to move and monitor equipment, obtain electricity, pay irrigation district assessments and pay increased liability insurance premiums for the risks involved with farming operations. Termination of Historic Irrigation Water Rights: Eastside Bend LLC 24 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 As described earlier in the burden of proof, the subject property had water rights in the past but failed to put the water to beneficial use and the water rights were terminated. Restoring the water rights would not improve the NRCS soils rating of the property to the point where a majority of the property would be Class 1 through 6 soils, and become "Agricultural Land" as defined by Statewide Goal 3. The lack of beneficial use of the water rights, at times prior to high land values and development pressure, is a reflection that irrigating this property and its very poor soils was not prudent. Existing Land Use Patterns: Existing land use patterns in the area are a mixture of urban, rural, andfarm-zoned lands that are in use, not so much forfarm uses, butfor other conditionally allowed uses in the EFU zone, including churches, electrical substations, and solarforms. There are no large-scale commercial forming operations in the area, only small, hobby forms. Further, the subject property is surrounded and bisected by a busy highway and roadway systems that lead to the City of Bend's urban landscape. Specifically: North of tax lot 1400 is a 5 -acre rectangular -shaped parcel zoned EFU that is developed with a 1978 home and outbuildings. East of Hamby are two churches, including one with an outdoor amphitheater, and a vacant 11.2 -acre parcel zoned EFU. Properties further east include an electrical power substation and solarfarms. East of Ward Road is a privately -owned 43.89 -acre vacant and dry parcel zoned EFU receiving farm tax deferral. West of the property and north of Highway 20 are privately owned lands zoned EFU that are vacant, unirrigated, and no known agricultural uses being employed. West and south of Highway 20 is an approximate 35 -acre EFU zoned privately owned parcel (Tax Lot 17-12-35- 1500). This property is adjacent to the Bend City limits and recently received Board of County Commissioners of Deschutes County approval to change the Comprehensive Plan designation from Agriculture to Rural Residential Exception Area and to change the zone from EFU-TRB to Multiple Use Agricultural (MUA-10, see Landholdings decision (Exhibit 1 ). The County found and concluded that the property does not constitute "Agricultural Land" and that no goal exception is required for the property because the land does not qualify as forest lands or agricultural lands under the statewide planning goal. South of Bear Creek Road are exception lands zoned MUA-10 and include several subdivisions many of which are developed with homes, with small acres of irrigation for pasture and other hobbyfarm uses. South and west of Bear Creek Road is a larger 53- acre parcel zoned EFU-TRB that is developed with a homes, is irrigated and engaged in hay production and receiving farm tax deferral. The close proximity to the City of Bend, the busy highway and residential areas limits the types of agricultural activities that could reasonably be conductedfor profit on the subject property. The subject property would not be suitable for raising animals that are disturbed by noise. Additionally, the property owner would bear the burden of paying for harm that might be caused by livestock escape along the extremely busy highway, in particular livestock and vehicle collisions. Any agricultural use that requires the application of pesticides and herbicides would Eastside Bend LLC 25 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 be very difficult to conduct on the property given the numerous homes located in close proximity to the property and the heavy traffic along Highway 20 due to aerial drift of these chemicals. In addition, the creation of dust which accompanies the harvesting of crops is a major concern on this property due to the close proximity of Highway 20 and the significant amount of traffic using the highway on a daily basis. Heavy dust could limit vision along the highway and be a concern for major traffic accidents in this area. Technological and Energy: According to Mr. Borine, "[tlhis parcel requires technology and energy inputs over and above that considered acceptable farming practices. Excessive fertilization and soil amendments, very frequent irrigation applications pumped from a pond with limited availability, and marginal climatic conditions restrict cropping alternatives" [Emphasis added by applicant]. Accepted Farming Practices: Farming lands comprised of soils that are predominately Class 7 and 8 is not an acceptedfarm practice in Central Oregon. Dryland grazing, the farm use that can be conducted on the poorest soils in the County, typically occur on Class 6 non -irrigated soils that have a higher soils class if irrigated. The applicant would have to go above and beyond occeptedfarming practices to even attempt to farm the propertyfor dryland grazing. Crops are typically grown on soils in soil class 3 and 4 that have irrigation, which this property has neither. Past use of the property to irrigate and grow hay was not sufficient enough to achieve a profit in farming and does not qualify as farm use per ORS 215.203(2)(a). Similarly, the Rabe study notes that in addition to the poor soils, the subject property "does not warrant retention as agricultural land based on OAR 660-033-0020(l)(a)(B) because of: 1. Soils Fertility 2. Suitability for Grazing 3. Climatic Conditions 4. Existing and Future Availability for Irrigation 5. Existing Land Use Patterns 6. Technological and Energy Inputs Required 7. Accepted Farming Practices Each of these limitations is discussed in more detail on pages 4-6 of the Rabe study. The Hearings officer incorporates those findings in this Decision as evidence that factors (as required by OAR 660- 033-0020(l)(a)(B)), in addition to the poor soils, indicate that the subject property is not agricultural land. For the above reasons, the Hearings Officer finds that many factors not relating to soil class — such as the proximity to the City of Bend city limits, current residential and non-agricultural related land uses in the area, soil fertility, and lack of availability of water rights prevent the possibility of farming on the entire subject property. Eastside Bend LLC 26 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 For the above reasons, the Hearings Officer finds that the subject property is not suitable for farm use. (C) Land that is necessary to permitfarm practices to be undertaken on adjacent or nearby agricultural lands. FINDING: The applicant provided a detailed analysis of land uses and agricultural operations surrounding the subject property on pages 31-32 of the burden of proof. The applicant found that the only agricultural zoned lands currently engaged in an agricultural use are found south of Bear Creek Road and operate independently from each other, and from other properties. Barriers for the subject property to engage with in farm use with these properties include: poor quality soils, lack of irrigation, proximity, and physical barriers such as Highway 20 and Bear Creek Road. The Hearings Officer agrees with the applicant's analysis; the subject property is not necessary to permit farm practices to be undertaken on adjacent or nearby agricultural lands. (1b) Land in capability classes other than I -11111 -VI that is adjacent to or intermingled with lands in capability classes PIVII-VI within a farm unit, shall be inventoried as agricultural lands even though this land may not be cropped or grazed; FINDING: The applicant provided the following response in the burden of proof: The subject property is not and has not been a part of a form unit that includes other lands not currently owned by the applicant. Goal 3 applies a predominant soil type test to determine if a property is "agricultural land". If a majority of the soils is Class 1-6 in in Central or Eastern Oregon, it must be classified "agricultural land. " 1000 Friends position is that this is a 100% Class 7 -8 soils test rather than a 51 % Class 7 and 8 soils test because the presence of any Class 1-6 soil requires the County to identify the entire property "agricultural land. " Case law indicates that the Class 1-6 soil test applies to a subject property proposedfor a non-agricultural plan designation while theform unit rule looks out beyond the boundaries of the subject property to consider how the subject property relates to lands in active farming in the area that were once a part of the area proposed for rezoning. It is not a test that requires that 100% of soils on a subject property be Class 1 -6. The farm unit rule is written to preserve large farming operations in a block. It does this by preventing property owners from dividing farmland into smaller properties that, alone, do not meet the definition of "agricultural land. " The subject property is not formerly part of a larger area of land that is or was used for farming operations and was then divided to isolate poor soils so that land could be removedfrom EFU zoning. The subject property is not inform use and has not been inform use of any kind (hobbyfarming or commercial farming) from at least 1997 when water rights were removedfrom tax lot 1400, in 2006 where 2.0 acres of water rights were removed from tax lot 1601, to 2012 where a// water rights were removedfrom tax lot 1600. It has no known history of commercialfarm use and contains soils that make the property generally unsuitable for farm use as the term is Eastside Bend LLC 27 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 defined by State law. it is not a part of a farm unit with other land. The subject property is predominately Class 7 and 8 soils and would not be considered a farm unit itself nor part of a larger form unit based on the poor soils and the fact that none of the adjacent property is farmed. As shown by the soils capability study by Borine, the predominant soil type found on the subject property south of Highway 20 is Class 7 and 8, nonagricultural land (22.36 acres Class 7-8, 16.48 acres Class 3-4 or 42%). The area north of Highway 20 on tax lot 1400 consists of one NRCS soil mapping unit, 58C, which has predominantly 75% Classes 7 and 8. The entire property including the area north of Highway 20 consists of 63.7% of Class 7 and 8 soils. The predominance test says that the subject property is not agricultural soil and theform unit rule does not require that the Class 7-8 soils that comprise the majority of the subject property be classified as agricultural land due to the presence of a small amount of Class 1-6 soils on the subject property that are not employed in farm use and are not part of a farm unit. As a result, this rule does not require the Class 7 and 8 soils on the subject property to be classified agricultural land because a minority of the property contains soils rated Class 7 and 8. The subject property is not part of a farm tract or unit. Therefore, the Hearings Officer finds that the three tax lots that make up the subject property do not need to be inventoried as agricultural land under this rule. (c) "Agricultural Land" does not include land within acknowledged urban growth boundaries or land within acknowledged exception areas for Goal 3 or 4. FINDING: The subject property is not within an acknowledged urban growth boundary or land within acknowledged exception areas for Goals 3 or 4. OAR 660-033-0030, Identifying Agricultural Land (1) All land defined as "agricultural land" in OAR 660-033-0020(l) shall be inventoried as agricultural land. (2) When a jurisdiction determines the predominant soil capability classification of a lot or parcel it need only look to the land within the lot or parcel being inventoried. However, whether land is "suitableforfarm use " requires an inquiry intofactors beyond the mere identification of scientific soil classifications. The factors are listed in the definition of agricultural land set forth at OAR 660-033-0020(l)(a)(B). This inquiry requires the consideration of conditions existing outside the lot or parcel being inventoried. Even if a lot or parcel is not predominantly Class I-IV soils or suitable for farm use, Goal 3 nonetheless defines as agricultural ""lands in other classes which are necessary to permit farm practices to be undertaken on adjacent or nearby lands-'� A determination that a lot or parcel is not agricultural land requires findings supported by substantial evidence that addresses each of the factors set forth in 660-033-0020(l). FINDING: The applicant addressed the factors in 660-033-0020(l) above. As an initial note, the soils on the subject property are predominantly Class 7 and 8. As this rule notes, though, that alone does not make the subject property non-agricultural. The property is also subject to other barriers to farm Eastside Bend LLC 28 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 use including: lack of irrigation, proximity, and physical barriers such as Highway 20 and Bear Creek Road. Moreover, there is no evidence in the record that the subject property is necessary to permit farm practices on adjacent or nearby lands. (3) Goal 3 attaches no significance to the ownership of a lot or parcel when determining whether it is agricultural land Nearby or adjacent land, regardless of ownership, shall be examined to the extent that a lot or parcel is either "suitable for farm use" or 11necessary to permit farm practices to be undertaken on adjacent or nearby lands" outside the lot or parcel. FINDING: The applicant -submitted evidence that shows that the subject property is not suitable for farm use and is not necessaryto permit farm practices to be undertaken on adjacent or nearby lands, has not assigned any significance to the ownership of the subject or adjoining properties. (5)(a) More detailed data on soil capability than is contained in the USDA Natural Resources Conservation Service (NRCS) soil maps and soil surveys may be used to define agricultural land. However, the more detailed soils data shall be related to the NRCS land capability classification system. (b) if a person concludes that more detailed soils information than that contained in the Web Soil Survey operated by the NRCS as of January 2, 2012, would assist a county to make a better determination of whether land qualifies as agricultural land, the person must request that the department arrange for an assessment of the capability of the land by a professional soil classifier who is chosen by the person, using the process described in OAR 660-033-0045. FINDING: The Borine and Rabe studies provide more detailed soils information than contained in the NRCS Web Soil Survey. Both soil studies relate to the NRCS land capability classification system (LCQ that classifies the soils as class 1 through 8. An LCC rating is assigned to each soil type based on rules provided by the NRCS. NRCS sources provide general soils data for large units of land. The site specific Borine and Rabe soil studies provide detailed and accurate information about the subject property based on numerous soil samples taken from the property. The NRCS mapping for the subject property is shown in Figure 2. According to the NRCS Web Soil Survey tool, the subject property (all tax lots) contains approximately 37.6% 36A soil and contains 62.4% 58C soil. Eastside Bend LLC 29 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 Figure 2. NRCS Soil Map (dial.deschutes.org) Eastside Bend LLC 30 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 The Borine study found the soil types on tax lots 1600 and 1601 vary from the NRCS identified soil types. The soil types are described below and the characteristics and LCC rating are shown in Table 1 below. Table 1. Summary of Order I Soil Survey —Tax Lots 1600 and 1601 S --b ReYsed order I Map Units -compollent YM 0 1 C(- -t t� I & Do i. ir'o i Deskarnp-Gosney, deep, 0-3% Taw Lot 1601 65 160D IRR slopes Gosrey-7eta-Pock c�Atcrop, % A c 3'1�'X- slopes 7eta 42 1.5.58 3 ock outtror 20 Gostley SID 31 uotcroo' 3 3 0-5% slope zeta 25 Roc� '-"utc.frm '15 —&—evelopeo, lard Disturbcd 1.,-,d 90 D C(- -t t� I & Do i. ir'o i _T -M Lot Taw Lot 1601 (34.55 ac) 160D IRR NIRR AC Au % A c 1 6 16,48 42 1.5.58 3 O�FO 21 4 7 11.99 31 �1_29 3 3 O�70 16 7 9,92 26 7.48 22 2.44 7 <1 025 6 38.84 100 34,55 100, loo The Rabe studyfound the soil type on tax lot 1400to be composed of 56 percent (11.41 acres) Gosney (Class 7) or Rock Outcrop (Class 8) in map units 57B and 109. The remaining 44 percent (8.92 acres) are Deskamp soils (Class 6) in map unit 3613. Mr. Rabe concluded that since tax lot 1400 is predominantly composed of Class 7 and 8 soils, it is not agricultural land. Rabe Study, pg. 4. (c) This section and OAR 660-033-0045 apply to: (A) A change to the designation of land planned and zoned for exclusive farm use, forest use or mixed farm -forest use to a non -resource plan designation and zone on the basis that such land is not agricultural land, and FINDING: The applicant is seeking approval of a non -resource plan designation on the basis that the subject property is not defined as agricultural land. (d) This section and OAR 660-033-0045 implement ORS 215.211, effective on October 1, 2011. After this date, only those soils assessments certified by the department under section (9) of this rule may be considered by local governments in land use proceedings described in subsection (c) of this section. However, a local government may consider soils assessments that have been completed and submitted prior to October 1, 2011. FINDING: The Borine study is dated August 22, 2015. The soils study was submitted following the ORS 215.211 effective date. Staff received acknowledgement via email on June 18, 2018 from Tim Murphy, Farm and Forest Lands Specialist with the Oregon Department of Land Conservation and Development (DLCD) that the soil study is complete and consistent with DLCD's reporting requirements. As of the hearing date, the applicant the Rabe study for tax lot 1400. The Rabe study is dated after the effective date of this rule. However, DLCD has not certified that the study is complete and Eastside Bend LLC 247 -18 -000485 -PA 247-18-000486-ZA 31 Exhibit T" to Ordinance 2019-006 consistent with its reporting requirements. This rule can be complied with if the applicant submits the required certification before the required BOCC hearing, though. Therefore, the Hearings Officer, requires as a condition of approval, that prior to the BOCC hearing, the applicant submit the required certification from DLCD. Condition of Approval: Prior to the required Board of County Commissioners hearing, the applicant shall submit to the record certification from DLCD confirming the Soil Study prepared by Cascade Earth Science (Rabe) for tax lot 1400 meets DLCD requirements for such studies. (e) This section and OAR 660-033-0045 authorize a person to obtain additional information for use in the determination of whether land qualifies as agricultural land, but do not otherwise affect the process by which a county determines whether land qualifies as agricultural land as defined by Goal 3 and OAR 660-033-0020. FINDING: Here, Deschutes County is relying on the more detailed soil studies. This requirement is met, though, because the County is utilizing its normal process to determine whether the land qualifies as agricultural land. DIVISION 12, TRANSPORTATION PLANNING OAR 660-012-0060 Plan and Land use Regulation Amendments (1) if an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this rule. A plan or land use regulation amendment significantly affects a transportation facility if it would. (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan); (b) Change standards implementing a functional classification system, or (c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based on projected conditions measured at the end of the planning period identified in the adopted TSP. As part of evaluating projected conditions, the amount of traffic projected to be generated within the area of the amendment may be reduced if the amendment includes an enforceable, ongoing requirement that would demonstrably limit traffic generation, including, but not limited to, transportation demand management. This reduction may diminish or completely eliminate the significant effect of the amendment. (A) Types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; (B) Degrade the performance of an existing or planned transportation facility such that it would not meet the performance standards identified in the TSP or comprehensive plan; or Eastside Bend LLC 32 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 (C) Degrade the performance of an existing or planned transportation facility that is otherwise projected to not meet the performance standards identified in the TSP or comprehensive plan. FINDING: As referenced in the agency comments section in the Findings of Fact above, the Senior Transportation Planner for Deschutes County requested revised details than what the initial traffic study materials provided. The applicant submitted an updated report from Transight Consulting LLC dated October 25, 2018, to address concerns related to the Bear Creek/Ward and US 20/Hamby- Ward intersections. The update included adjustments to total daily trip generation and p.m. peak hour trips, a review of potential high impact land use scenarios, as well as an extension of the traffic analysis to the year 2038. In response to this criterion, the applicant's burden of proof provides the following: Attached as Exhibit 14 is a transportation impact analysis memorandum prepared by traffic engineer, Joe Bessman, PE Mr. Bessman made the following findings with regard to the proposed zone change and concluded that a significant affect does not occur with the proposed rezone: • Rezoning of the 59.24 -acre property from EFU-TRB to MUA could generate up to 55 additionaldaily trips, including six additional trips during the weekdayp.m. peak hour. • County plans show that Hamby -Ward Road operates well within its carrying capacity as a Rural Arterial. The proposed rezone does not change the functional classification of the facility or result in levels of travel that would be inconsistent with the roadway function. • The Deschutes County TSP identifies failing conditions in 2030 along US 20 west of Hamby -Ward Road and a needfor improvements at the US 201Hamby-Ward Road intersection to convert the intersection to a roundabout. This improvement is identified in the TSP as a low priority. • The County SOC ordinance includes the US 201Hamby-Ward Road intersection improvements to mitigate long-term needs. Based on OAR 660-12-0060(4)(b)(B) this is considered as a planned improvement that can be relied on in determining whether a significant affect occurs. • Review of crash patterns shows a high incidence of turning and angle crashes at the US 201Hamby Road -Ward Road intersection over the past five years. Several safety measures have been implemented at the intersection to increase awareness. Review of crash records andfield review showed that enhancing and ensuring clear sight lines could further improve safety, particularly with the observed crash pattern between westbound and northbound motorists. Long-term installation of a roundabout as identified in County plans would significantly reduce crashes. • The Bear Creek Road/Ward Road intersection experiences a crash rate higher than the 90th percentile of similar unsignalized intersections. It is recommended that increased warning treatments be provided on the intersection approaches. The specific treatments should be coordinated by Deschutes County balancing installation costs, effectiveness, and maintenance costs. Eastside Bend LLC 33 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 0 Based on this review a significant affect does not occur with the proposed rezone. Mr. Bessman also recommended that while available sight lines are adequate, that Deschutes County and ODOT work with the property owners on each of the intersection quadrants to ensure that the intersection remains free of sight line obstructions from the stop bar and potentiallyfor vehicles one position back. Based on the traffic analysis and findings by Mr. Bessman, the application complies with the TPR. There were some concerns expressed about the traffic impact the plan amendment and zone change might have on area roads. The Hearings Officer notes no development is currently proposed and that County staff and the applicant's engineer do not believe the zone change will have a significant impact on the transportation facilities in the area. Based on the County Senior Transportation Planner's comments and the amended traffic study from Transight Consulting LLC, the Hearings Officer finds compliance with the Transportation Planning Rule has been effectively demonstrated OAR 660-015, Division 15, Statewide Planning Goals and Guidelines FINDING: The Statewide Planning Goals are outlined below in the applicant's burden of proof: Goal 1, Citizen Involvement. Deschutes County will provide notice of the application to the public through mailed notice to affected property owners and by requiring the applicant to post a "proposed land use action sign" on the subject property. Notice of the public hearings held regarding this application will be placed in the Bend Bulletin. A minimum of two public hearings will be held to consider the application. Goal 2, Land Use Planning. Goals, policies, and processes related to zone change application are included in the Deschutes County Comprehensive Plan and Titles 18 and 23 of the Deschutes County Code. The outcome of the application will be based on findings of act and conclusions of law related to the applicable provisions of those laws as required by Goal 2. Goal 3, Agricultural Lands. The applicant has shown that the subject property is not agricultural land because it is comprised predominantly of Class 7 and 8 soils that are not suitable forfarm use. Therefore, the proposal is consistent with Goal 3. Goal 4, Forest Lands. Goal 4 is not applicable because the subject property does not include any lands that are zonedfor, or that support, forest uses. Goal 5, Open Spaces, Scenic and Historic Areas and Natural Resources. The majority of the subject property is located in the Landscape Management Combining Zone (LM Zone). The LM Zone is a Goal 5 resource acknowledged by DLCD that is set out to protect scenic views as seen, in this case, from Highway 20 through a Landscape Management Combining Zone that extends Xmile on either side of the centerline of the designated roadway. The County typically requires LM site plan review when a building permit is requiredfor a new or substantial alteration to an Eastside Bend LLC 34 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 existing structure. The proposal is consistent with Goal 5 because the LM zoning requirements apply when development is proposed and the rezone and plan amendment is not development, and therefore, will not impact any Goal 5 resource. Goal 6, Air, Water and Land Resources Quality. The approval of this application will not impact the quality of the air, water, and land resources of the County. Any future development of the property would be subject to local, state andfederal regulations that protect these resources. Goal 7, Areas Subject to Natural Disasters and Hazards. This goal is not applicable because the subject property is not located in an area that is recognized by the comprehensive plan as a known disaster or hazard area. Goal 8, Recreational Needs. This goal is not applicable because there is no development proposed and the property is not planned to meet the recreational needs of Deschutes County. Goal 9, Economy of the State. This goal does not apply to this application because the subject property is not designated as Goal 9 economic development land. In addition, the approval of this application will not adversely affect economic activities of the state or area. Goal 10, Housing. The County's Comprehensive Plan Goal 10 analysis anticipates that farm properties with poor soils, like the subject property, will be convertedfrom EFU to MUA-10 or RR -1 0 zoning and that these lands will help meet the need for rural housing. Approval of this application, therefore, is consistent with Goal 10 as implemented by the acknowledged Deschutes County Comprehensive Plan. Goal 11, Public Facilities and Services. The approval of this application will have no adverse impact on the provision of public facilities and services to the subject site. Utility service providers have confirmed that they have the capacity to serve the subject property. Goal 12, Transportation. The application complies with the Transportation System Planning Rule, OAR 660-012-0060, the rule that implements Goal 12. Compliance with that rule also demonstrates compliance with Goal 12. Goal 13, Energy Conservation. The approval of this application does not impede energy conservation. The subject property is located adjacent to the city limits for the City of Bend. Providing homes in this location as opposed to more remote rural locations will conserve energy needed for residents to travel to work, shopping and other essential services provided by the City of Bend. Goal 14, Urbanization. This goal is not applicable because the applicant's proposal does not involved property within an urban growth boundary and does not involve the urbanization of rural land. The MUA-10 Zone is an acknowledged rural residential zoning district that limits the intensity and density of developments to rural levels. The compliance of this zone with Goal 14 was recently acknowledged when the County amended its comprehensive plan. The plan recognizes the fact that the MUA-10 and RR zones are the zones that will be applied to lands designated Rural Residential Exception Areas. Eastside Bend LLC 35 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 Goals 15 through 19. These goals do not apply to land in Central Oregon. The Hearings Officer accepts the applicant's responses and finds compliance with the applicable Statewide Planning Goals has been effectively demonstrated. IV. DECISION The Hearings Officer concludes that with the adoption of the below listed condition of approval, the applicant has met the burden of proof necessary to justify changing the Plan Designation from Agriculture to Rural Residential Exception Area and Zoning of the subject property from Exclusive Farm Use to Multiple Use Agricultural through demonstrating compliance with the applicable criteria of DCC Title 18 (The Deschutes County Zoning Ordinance), the Deschutes County Comprehensive Plan, and applicable sections of OAR and ORS. The requested plan amendment and zone change is APPROVED subject to the following condition of approval: Prior to the required Board of County Commissioners hearing, the applicant shall submit to the record certification from DLCD confirming the Soil Study prepared by Cascade Earth Science (Rabe) for tax lot 1400 meets DLCD requirements for such studies. This decision becomes final twelve (12) days after the date of mailing, unless appealed by a party of interest. IAIUUJW Will Van Vactor, Hearings Officer Eastside Bend LLC 36 247 -18 -000485 -PA 247-18-000486-ZA Exhibit T" to Ordinance 2019-006 Nicole Mardell From: Lewis, Tia M. <TLewis@SCHWABE.com> Sent: Wednesday, February 13, 2019 2:31 PM To: Nicole Mardell Cc: White, Cathy Subject: FW: Eastside Bend Plan Amendment and Zone Letter Attachments: Eastside Letter.pdf Hi Nicole: Please include this letter from our neighbor in support of the application in the record for the zone change, Thank you, Tia. Schwabe Williamson & Wyatt Tia M. Lewis Shareholder Direct: 541-749-4048 Cell: 541-788-7363 Ideas fuel industries. Learn more at: Aww.schwabe.com From: Bill Email <bill @cwhopp.com> Sent: Tuesday, February 12, 2019 8:49 AM To: Lewis, Tia M. <TLewis@SCHWABE.com> Subject: Fwd: Eastside Bend Plan Amendment and Zone Letter Tia let me know if you want original or if this will do. Carl W. Hopp, Jr. Attorney at Law LLC 168 NW Greenwood Avenue Bend, Oregon 97701 (541)388-3606 (541)330 -1519 -fax bill Qcwhot)vxom THIS E-MAIL MAY INCLUDE CONFIDENTIAL INFORMATION AND IS INTENDED ONLY FOR THE INDIVIDUAL OR ENTITY IT IS ADDRESSED TO. ANY PERSON OTHER THAN THE INTENDED RECIPIENT (OR OTHERS AUTHORIZED BY THE INTENDED RECIPIENT) IS PROHIBITED FROM READING, COPYING OR DISTRIBUTING THIS E-MAIL. Febraary 71,2019 Ht.,)ard cW County CoMMISN10ft-M, Cio Nimle mardel 1, A sawisic Planncr Deschutes County Community Developmcnt W, WX (AX h, BeiW, OR W7018� RE: L',;asiside &md, LLC Man Atnendiment an,,] Yboe Chaqv County Hi le Nos.: 247- 18-004485 PA,4867C fx,var Rckird of Cotinly Commissioners: Ponor Kelly Burws "adixAdings, I Ir h;v� revicwed the %ubjactapplicmiom secking a Compmhensive Plan Amendmentand 7A)nc Change from Exclusive Farm Use (FFLI-TRB) to Multiple Use Agriculmral 4,MUA- IQ) on proNrtles ltvatcd, east of Bend along flipliway 20 and Beur Creek R"ad. W*c are owncm of Imid [(,)A:;Atcd iwesz and a4jaccnt to the propertics, undcr review, Our pWrty is 0djacent to the Bend City I imi is and in 2017 tccei ved Bcxard of County to change dw (70inprehesmive Plan desi,��jvftion ftxmn Ai�riculturnl to Rural Residential FAcclAim Area,andlochatq!c the /ouefrxwn FTJJ�TRB to MUA-10, Sinm thm fiaw,ourjm�rx-riy has bccn x—levicd by the State aivJ thc City of Bend fm the affordable housing pilot progmu dut aims to help cities build affor&able housing Willmt through 11W, 11ormal UG13 expam�kwl Im"xts's. The IAsiside Rt -ml pmperty, like ours, has jxmr soils� no w4tcr rights or history of farm use on the property. and is m agricultural 1wid. Wesupjx)rt the 7A)ae chaiqvt fronj H-11 to MtJA- 10 as it will facilitate the developiuent of our profv-rty under the pilot pmgramarid will mom <�asily a] low for f uture urfi:,mization whrn this land is nktcded f(w that purpose Than k you for the opfxmunity to cmment on these, apWficanons. Sinoerely- j(�1111" 4 I A,rj�,)rler Bums Mg gr� Porter Kelly Burns Landin H -C 247 -18 -000485 -PA / 247-18-000486-ZC Legend Taxl-ots Applicant: Eastside Bend, LLC Bend UGB Taxlot Numbers: 17-12-35-00-01600, 17-12-35-00-01601, 17-12-35-00-01400 NRCS Soil Type Address: 21457 Hwy 20, 21510 Bear Creek Road, 21588 Hwy 20, Bend EFUTRB - Tumalo/Redmond/Bend Subzone 0 �. 160 320 �80 MUAI 0 - Multiple Use Agricultural . .... 6nm.� F— I ­80ft D—mber 3, 2018 2019 Deschutes County Bill Tracker 2/20/2019 13:02:47 Community Development Road Community Development, Health Services Administrative Services, Finance Human Resources, Legal Counsel Community Justice, Sheriffs Office, District Attorney's Office Relating to the establishment of circuit court increases number of circuit court judges in certain judicial districts. Support 1/29: Preparing letter of support for Board signature (JU). 0WOMMMOmm HB 2239 Public Safety judge positions; creating new provisions; amending ORS 3.012; and prescribing an HB 2336 Housing effective date. Relating to affordable housing pilot program; nt for affordable housing pilot program if Removing population requireme ved for city with population under 25,000. is recei Support Would like amendment eliminating all restrictions on program implementation; allows Redmond Pilot Projecl amending section 4, chapter 52, Oregon Laws no qualifying nomination to proceed SB 88 Housing 2016. Relating to accessory dwelling units. Allows counties to authorize con struction of accessory dwelling units on TBD SB 365 Marijuana Relating to marijuana; declaring an emergency. lands zoned for rural residential use. Prohibits local governments from imposing system development charge Oppose SDCs are fees charged to new development to offset the cost of growth to infrastructure required by growth. on projects related to production, processing or retailing of marijuana items. Allows used for marijuana production to continue to be Deschutes County charges SDCs to MJ grow County premises used for marijuana production if premises was first licensed prior to city or operations. This bill will prohibit Deschutes from collecting SDCs from MJ grow operations, county prohibition on marijuana production. Clarifies that supervision, diversion or release conditions related to marijuana must be imposed in thereby transferring the cost of their transportation This bill exempts farm same manner as supervision, diversion or release conditions related to impact to existing taxpayers. use (not just MJ) from SDCs, however the reality is prescription drugs. Declares emergency, effective on passage. that farm use in Deschutes County is dictated by irrigation water rights which have been allocated for decades and no farm use will develop that is not curently in farm use - with the exception of MJ. This bill is specifically targetting Deschutes County's practice. Passage of this bill will cost Deschutes County over $1 M in revenue to mitigate the impact of MJ related traffic added to the transportation system via the 60+ grow operations throuhout Deschutes County. HB 2233 Marijuana Relating to marijuana; creating new provisions; Provides for regulation by Oregon Liquor Control Commission of 2 of marijuana items at temporary events, including Oppose 1129: Allows marijuana products to be smoked/consumed at public events, as well as at amending OR$ 475B.015,475B.025, 475B. 227,475B.381,475B.486, 475B.575,475B. consumption and sale licensure of premises at which temporary events are conducted. public or private clubs. Weakens the Indoor Clean Air Act. (TK). BOC approved priority/position 635, 475B.645, 475B.766, 47513,769 and 475B. 2/13/19. Tracking if moves (Gina Brooksbank). Economic 968; and prescribing an effective date. Relating to lottery revenues; creating new Provides that fixed percentage of certain forecasted video lottery 2 Support AOC Priority. Preserves video lottery proceeds from continuing raids for other pet legislative projects. HB 2320 Development provisions; amending ORS 320.005 and revenues, adjusted for certain allocations to Regional Solutions Program, be transferred to counties for economic development. Labor 461.547; and prescribing an effective date. Relating to assessments on public employers Provides that membership in public sector labor organization is voluntary. 2 Oppose Bill would establish the Employment Relations Protection Account, which would require the HB 2643 that have employees who may choose to join Employment Relations Board to impose an labor organizations; creating new provisions; assessment on public employers (percentage of amending ORS 243.650, 243.666, 243.672, payroll). The Board would distribute moneys to 243.676, 243.682, 243.726, 292.055, 329A.430, unions/labor groups. Makes matters related to 410.614 and 443.733; and declaring an assessments subject to collective bargaining. HB 2750 Public Safety emergency. 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HQ 2667 Health Care Relating to suicides by adults; declaring an emergency. HB 2744 Health Care Relating to equal treatment in education of persons with regard to restrictable diseases. (George Conway). BOC Health Services 2/13/19 (Gina Brooksbank). d Prevention Coordinator within 2 Support support recommdation by GB - Establishes Adult Suicide Imerven on an Oregon Health Authority. Modifies provisions relating to immunization records required for children 2 attending schools and children's facilities. Oppose Unless/until non-med exemptions dropped, exclusion Health Services is an important tool to ensure adequate immunization coverage in schools. (George Conway). BOC approved priority/position 2/13/19 (Gina Brooksbank). HB 2774 Land Use Relating to appeal of county decisions. Prohibits county's governing body from charging more than $1,000 for 2 Oppose This limitation would both increase the number of Community Development appeal of most land use decisions unless appeal costs are within appeals to the Board due to the appeal fee cap, and estimate and itemization of county's limited and specified costs. cause CDD to seek other funding to offset these costs, subsidize these costs, and/or delay pending applications to process these costs. —ented tiv a union but decides Human Resources, Legal Counsel HB 2775 Labor HB 2783 Health Care HB 2814 Health Care 2/20/2019 13:02:47 Relating to union representation for public Permits public employees to choose not to join union or pay union dues. 2 Oppose It an employee s rep employees. Exempts unions from duty to represent public employees who choose not not to pay union dues, the employee would become to join union or pay union dues. Makes conforming changes. "an independent employee." The union would no longer have a duty to represent this employee. A public employer shall determine the wages, benefits, and other terms and conditions of employment of an independent employee based on the employee's education, experience, training, skills, and performance. Relating to immunizations; prescribing an Requires parent who declines immunization for child to submit to 2 Oppose Recommend oppose because places heavy burden on Health Services -; — si nature the practitioner. (George Conway) effective date. administrator document including neaM care prac o W verifying practitioner reviewed immunization information with parent and certificate verifying parent completed vaccine educational module as condition of child's attendance at school or other children's facility. Relating to behavioral health crisis services. Requires coordinated care organization to contract with counties to 2 reimburse cost of specified services provided to members of coordinated care organization by local mental health authorities. Support 2/5: Requires CCOs and commercial insurance Health Services companies to pay for crisis services. It is expected to be amended, but currently we can certainly support this bill. Bill is also supported by AOCMHP(Janice Garceau) 3 LVZOT� 6MZ/0Z/Z *(Nueqs400jq ME)) WUM uop.isod/Alpoud POAoidde o0e -()4.L) uo'ndwnsuoo Jalop pinom AeLli j! 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SB 649 Health Care Relating to ingredients in vaccines; prescribing Requires licensed health care provider to provide vaccine information to whom licensed health care provider administers an effective date. packet to patient vaccine. SB 763 Health Care Relating to civil commitment. Defines "dangerous to self or others" for purposes of civil commitment Describes evidence that court may consider in determining proceedings. whether person is dangerous to self or others. FIB 2046 Public Safety Relating to patrol trooper staffing levels for Directs Department of State Police to maintain staffing level of at least 15 100,000 residents of this state, beginning January 1, Department of State Police troopers. patrol troopers per 2030. HB 2055 Housing Relating to workforce housing; creating new Establishes Workforce Housing Accelerator Program within Housing and provisions; and amending ORS 458.610 and Community Services Department. 458.620. Establishes Development Readiness Program within Department of Land HB 2075 Economic Conservation and Development to assist local governments with land use Development goals relating to housing and economic development. HB 2106 Land Use Relating to land use. Directs Department of Land Conservation and Development to study and of state law related to land use. make recommendations on provisions 2/20/2019 13:02:47 2 Oppose 2 Oppose 2 Support 3 Support 3 Support 3 Support 3 Neutral As written, recommend oppose, as might reduce Health Services school exclusions, We would need additional text to know. (George Conway). BOC approved priority/position 2/13/19 (Gina Brooksbank). vaccine package insert and excipient lists are written Health Services in medical jargon, likely to be unnecessarily off-putting to patients. (George Conway) BOC approved priority/position 2/13/19 (Gina Brooksbank). The amended language more explicitly defines Health Services "dangerousness to self or others" in an effort to make civil commitment decisions easier to support legally when warranted. (GC) Adds definition to "dangerous to self or others" to mean likely to cause serious harm to self/others in the next 30 days. This is a still a very small percentage of individuals, but is more specific (and clinically reasonable) than the "imminency" standard. (Janice Garceau) On a daily basis the District Attorney's Office sees the Sheriffs Office, District Attorney challenges the State Police faces in trying to keep our communities safe while being significantly understaffed. Staffing them up will improve community safety. (JH) Admin: the Bill includes a general fund appropriation of Community Development, $15 million to OHCS for the Greater Oregon Housing Administrative Services Account. community Development Too general to provide comments at this time. 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'Mau ;ueleLlui 10 uoilnq!jlsip uo xel sesodwl 'SUOISIAoid 15ul Ban 'sluelequl 016 ul 0198 .1 -(NueqsXooie s93!AJOS QIROH uot isod/fi4poud paAoidde oog (>Ii) -Bu eu'E)) 6 VC 1,/Z U0)!Uovq:U/Z poddnS 'OleP OA439.49 ue Buiq!josaid Pue !GOS;*CZC SHO BuIPuGwe !suoisiAoid 'M Jeft uO u011eRwil Jebo jed SOAOWOH Mau Buliegio!S1861 .0 10 uollexel ol BugelaH APO , few sq4g-aajqi e Aq leAoidde saimbei jet -11 -(4ueqsNooie BuIslei anuam jol BUIP!Aoid pue fajePGA110049 sao[AJ98 41jeOH uoij!sod/�4!jojjd POAoidde 009 ( >11) 'Bueu!E)) U/Cl;/Z POINOIN :U/Z jjoddnS 'GUIM JO SOBeJ8Aeq ilew 10 joinq!jls!p 6ujijodwi jo joinpelnuew uo dn posodwi SOXej GBOl!Apd seseajoul ue Bwq!jos9jd!q'S0*SLt, pue OCID'Ut" SNO Buipuame . fsuoisiAoid mou BU48OJ3'SOBeIGAaq 31 Ioqoole uo pasodwi soxel ol BuileIgN -(NueqsNoojq eu!0) 6l,/Cl,/Z uojjjsod/f4jjopd APOPIBW st-149-99it4i a Aq 1BAoidde saimbei p4l BuIsle'i anueAej jol BUIP!Aoid pue !eje ' P BAII3949 s831AJOS 41legH POAoidde 009 -()qj.) -pajelnBojun AloBjel aie q3!t4M'S93IAaP fJGAIIGP lueleLlu! sapnioui;e4l xe _L:L/Z lioddnS 'Ot-140311-1 wJOJ luelequi apniow ol uoi ue 6utqpos9jd!q09,cZc Pue 009Tzr . SHO 6ulpue, , A . we !Suoisi oid mou 6upeoi3 %ulloolu exel jo asodind jo; poid 000eqol. jo u 011.1upp spuedx3 Buluielucto sionpoid jo 1-101;e . xe) 01 Bujjelo . H LVZOTL 6LOZ/OZ/Z 6uisnOH T9—ZZ8H 196png LVZZ eH �49jes oilqnd U—CZZSH 6uisnOH 8ZZZ OH Saxe -L 6%Z SH Saxe.L TSTZ-9 H Saxe -L Ug- � —Z8 H Saxe -L TZ L _Z8 H Saxe.L TZ L —Z8 H JGMOejl 11!E1 fl4unoo saInI43sOG %0Z 2019 Deschutes County Bill Tracker 7 2/20/2019 13:02:47 3 Neutral 1/29: increases tax on distribution of cigarettes, Health Services HB 2270 Taxes Relating to taxes on nonfood consumer increases tax on distribution of cigarettes. including inhalant delivery devices. Moneys from this products; creating new provisions; amending taxation will be appropriated to the Oregon Health ORS 323.010, 323.031, 323.457, 323.500, Authority for tobacco and chronic disease prevention, 323.505, 323.625 and 431 A. 175; prescribing an and other health-related programs. JK). BOC effective date; and providing for revenue raising changed from 21Support to 3/Neutral 2/13/19 (Gina that requires approval by a three-fifths majority. Brooksball Administrative Services, Clerk's Office, Revises and clarifies circumstances in which individuals, including public 3 Neutral Legal Counsel HQ 2277 Ethics/Elections officials and elected public officials, must register with Oregon Government Ethics Commission and file lobbyist registration statement. Community Development HB 2306 Economic Relating to residential subdivisions. Requires city or county to issue residential building permits upon of construction of public improvements in 3 Oppose unless amended Development substantial completion residential subdivisions. Community Development HB 2322 Land Use Relating to the adoption of energy policies into Requires Land Conservation and Development Commission to amend land use goals related to energy to incorporate 3 Neutral Monitor statewide land use planning goals; creating new provisions; and amending ORS 197.235. statewide planning develop ment of renewable energy facilities and reduction of greenhouse . gas emissions and to match state energy policies. 3 Support Permissive (not required) to allow ADUs with more Community Development HB 2363 Housing Relating to accessory dwelling units; amending Redefines "historic home" to include dwellings built before 1974 for as accessory dwelling unit to homes newly local control than SB 88. OR$ 215,501. purpose of serving constructed on rural residential lands. Administrative Services, Community Relating to distribution of cannabis for medical Directs Oregon Liquor Control Commission to develop Internet -based 3 Oppose Development HB 2723 Marijuana use; and prescribing an effective date. system to enable ordering and delivery of cannabis for medical use to registry identification cardholders. Administrative Services HB 2766 Environment/Climate Relating to plastic checkout bags; prescribing Imposes excise tax of five cents per bag on provision of single -use plastic by selling raw or processed food or 3 Neutral Change an effective date; and providing for revenue checkout bags establishments raising that requires approval by a three-fifths alcohol at retail. majority. 3 Administrative Services HB 5044 Budget Relating to the financial administration of the Appropriates moneys from General Fund to Oreg on Climate Authority for Oregon Climate Authority; and declaring an biennial expenses. emergency. Relating to pilot program to decrease school Extends sunset on pilot program to decrease rates of school absenteeism 3 Support Monitor (David Inbody) Health Services HQ 2026 Health Care absenteeism; declaring an emergency. by using trauma -informed approaches to education, health services and intervention strategies. 3 Support Recommendation from departments is to support. HB 2192 Health Care Relating to mental health wellness checks for Directs school districts and public charter schools to require every student in grades 6 through 12 to undergo mental health wellness check Need clarification from BOC. This bill is become in the Capitol because it is thought to go public school students. once each school year. controversial to far. Portland School during the interim was doing this to collect what families have access to firearms and created a database which has cause significant issues. Relating to a memorial to Oregon's Vietnam Dedicates portion of State Capitol State Park to Vietnam War memorial. 3 Support Tom Anderson HB 2195 Misc war veterans; declaring an emergency. dentists to prescribe and administer 3 Support Position expands who can give immunizations to Health Services HQ 2220 Health Care Relating to vaccines administered by dentists; Authorizes trained and certified include dentists. (George Conway). declaring an emergency. vaccines. n to distribute grants for improving student Educatio 3 Support Monitor (David Inbody) Health Services HB 2224 Health Care Relating to student wellness; declaring an Directs Department of outcomes by supporting social, emotional, mental and physical health emergency. needs of students. 7 2/20/2019 13:02:47 Fn LVZOT� WZ/OZ/Z S831AJOS WBGH S801AAGS 411IRGH S AJ 901 GS 411BOH (Apoqul P!AB(]) JOI!UoVq Aq uot epwwoogi leinION Ni) iol!uovy -SE) Aq uo!lepwwoogj leinION 'SE) Aq uo!lepwwooel leinjON -(Aemuoo 96joeE)) 'Peou u! 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BuileloN qLuOOul mol joj gouelsisse U01 SOIl!weJ I!jinu ol Butlelea -AouaBjewe us BulielOOP!SsOulf! leluaw q)!m slenP!A!PU! ol eject aleudoidde BUIP!Acud ol BuilelaN -ActuaBiewo ue Bulleloop !SqSl 3 q)legq JeJO!Aeqeq Buiousuadxe si . enp!A!PUI 01 P But BION slonpoid leoilnectewiet.ld 10 sisoo LIBIL4 041 6uionpe . i ol But elaN .1 9JI?0 QEGH TC-9ZOH aJeO 4111291-1 TZ-9ESH 9-180 qlleOH 9Z9Z 8H 9-1130 1-11112,91-1 FZ-9ZOH eJeO 41180H TZ-9ZOH ejeo q)lR9H 9t7t?Z 8H 1,1,13 AJ SOO' OS 41leGH S AJ 00' OS 41leaH 'SE) Aq uoilepwwooei leinION .8suodsoi e jol 4o;edsip puelliOd JO)JOd 941 ol joeq 11 jejsuej) uGqj pue lleo 1. 1,6M.11 a6eiii ol paeu pinOm dVSd Aiewijd aq.L 'asuodsoi paAelop e OA8q pinom sooinosai QI!suO 9141 (0308) ju!od Buijamsue Ajewijd Qqj ol polnoi sem isig Ileo a4l 11 -qjl4 POd pue '(POPOOu P) VS -L '90110d PuelPOd 10 1JOd 9q; JOI OPSUI Jolugo 4oledsip e seq oqm liodjiV PuIRPOd eql aq pinom sjqi jo eldwaxe uV *Gsuodsoi Nomb AJOA e puss ueo 40!qm islugo 40jedsip apsuo us OAeq op Inq dVSd fjewijd e jou We le,41 sailuncto pue saillo JOq)O ul suoi;eool eie 8JO41 'JQAGmOH -Gsues SONBLU Si4 lied jsOw 641 JO:l IsJU L -I.-6 Isil 0; se!Oue6jewo jo; IleiO 01 jaqwnu e sjSOd;e4j uoile3ol Aue saimbei ll!q siq_L (Apoqul P!Ae(]) JOj!UOVy (Apoqul P!Ae(]) jolluoVy -EIE) Aq uoilepwwoogi lejnI9N -SE) Aq uollepwwooej leinION leilnON lejjnGN liocidnS lioddnS leilnON jejInON Alnr 9A!jO9MO'Aou96jawq saielOq(] -waisAsIo suoqounj c sailioadS 'WOISAS UO!;UaAGJd NO A40jeS 10043s ap!mejejS se4sil' qejs3 uoilnq!jlsip jo BuimaiA 'asn oilqnd lejaua6 jol popuslu! aie pue AouOBe jol jaqwnu ouot4 . d ;oeluoo -ISIl Isq) slepalew pejulid jo sallsqem uo jaqwnu Actuabjewe l, -L-6 6ul jSI.l 96essaw Aeldsip ol AoueBe f4ales 9;eAtid jo oilqnd sajinb98 -sjeinsui q;leeq pue suotleziue6jo WeO P91eu'Pj000;o uoilein6ei leictueug But uBile jol suoi epuawwoogj .1 'oZoz 'oz joqwajd9S ueqj jolel ou '411IR91-1 01 polelai AlqwessV GAIIIRISIBOI 10 sBOWWOD wlje;ul 01 liodej o; IsaoiNGS sseuisnq pue jew*ns'uoo c jo;uawliedec] t4l!m uOl Ieu[pjoo3 u! 'Ajjjo4jnV 4jle9H uOBOjo sojinba8 *;uejedsuej; ajow aq 01 spjeoq BuiUJGAoB uolieziue6jo ajeo paieu!pj000 Bulimbei SUOISIAcud jo uO!)ejueweldwj uo 'oZoz 'OZ j9qwajd9S ue41 islel ou . '411894 01 pe-jejoi AlqwessV aAijels!6aj 10 sOG14!wwOo wlialu! ol liodai 01 fi4!jo4inV qllu9H U069JO sajinba�j -sseull! OluOJLIO SO JaPiosip asn eouelsqns jap!suoo o; juslu! 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But elo�l .1 9-1130 QeOH TZCZ 8H Aisles oilqnd TL -CZ9 H 9-1120 1-11112'91-1 T9-ZZ9H ejeo qjle9H T9-ZZ9H 9-180 4111201-1 TM 9H ojeo qjleGH U17ZZ-9 H ioNoeil. jj!q fl4unoo s9jn43sGG 6LOZ 2019 Deschutes County Bill Tracker HB 2745 Health Care FIB 2751 Taxes HB 2790 Health Care HB 2802 Housing HB 2806 Economic Development HB 2812 Housing H13 2813 Health Care HB 2831 Health Care 2/20/2019 13:02:47 Relating to information regarding vaccines; prescribing an effective date. Relating to the administration of the state transient lodging tax program; prescribing an effective date. Relating to mass gatherings. Relating to supporting homeownership for low income individuals; and declaring an emergency. Relating to the inclusion of certain health care providers as eligible business firms for purposes of enterprise zone benefits. Relating to the Home Ownership Assistance Account. Relating to continuing education for professionals; prescribing an effective date. Relating to residential peer support for individuals with mental illness who are in crisis; declaring an emergency. Requires licensed health care provider to provide vaccine information packet to patient to whom licensed health care provider administers vaccine. Requires Department of Revenue to study rate of voluntary compliance, during period from January 1, 2020, through June 30, 2022, with state transient lodging tax program. Amends definitions of "outdoor mass gathering" for purposes of land use and public health laws. Establishes Homeownership Repair and Rehabilitation Program within Housing and Community Services Department to provide grants to entities providing financial assistance to persons in low income households for repair and rehabilitation of residences. Establishes Homeownership Repair and Rehabilitation Program Fund to support program. Requires 50 percent of fund to be administered by community action agency network. Establishes Healthy Homes Program within department to research housing health hazards and to provide revolving funds for organizations addressing housing health hazards. Establishes Healthy Homes Revolving Fund to support program. Appropriates moneys from General Fund to department for deposit into both funds. Makes programs operative January 1, 2020. Declares emergency, effective July 1, 2019. For purposes of qualifying for enterprise zone benefits, expands definition of "eligible business firm" to include business firm engaged in providing services to general public as medical clinic, health care facility, substance abuse treatment provider or alcohol or drug rehabilitation center. Expands Housing and Community Services Department's use of Home Ownership Assistance Account to support households with below area median income and to support organizations' homeownership programs with any percentage of home construction or rehabilitation costs. Directs Oregon Health Authority and specified professional regulatory boards to require licensees regulated by authority or board to complete six hours of continuing education related to suicide risk assessment, treatment and management every six years and to report completion of continuing education to authority or board. Allows authority and boards to establish minimum requirements that licensee must meet to be exempt from requirement to complete continuing education. Takes effect on 91 st day following adjournment sine die. Provides funding to peer -run organizations in Portland metropolitan area, southern Oregon region and eastern and central Oregon region to operate peer respite centers to provide peer respite services to individuals with mental illness who experience acute distress, anxiety or emotional pain. Oppose Neutral Oppose Support Burden on practitioners; package insert and excipient Health list written in medical jargon, not suitable for patients to read. (GC) Relates to state program of transient lodging tax Finance collection The bill would effectively make these larger rural Community Development, Health events land use decisions with larger burdens of proof Services to demonstrate compliance, staff reports, etc. 3 TBD TBD 3 Neutral 3 Support 3 Neutral support recommdation by GB. 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SB 148 PERS Relating to public employee retirement; declaring an emergency. SB 149 PERS Relating to public employee retirement. SB 181 Health Care Relating to child -caring agencies that are county programs; declaring an emergency. SB 184 Health Care Relating to fitness to proceed. SB 19 Health Care Relating to human services. SB 20 Health Care Relating to services provided to individuals with developmental disabilities. SB 22 Health Care Relating to behavioral health homes. SB 24 Public Safety Relating to forensic evaluations. SB 274 Health Care Relating to age for individuals to qualify for developmental disability program support services. SB 29 Health Care Relating to public health; declaring an emergency. 2/20/2019 13:02:47 Changes "venereal disease" and "sexually transmitted disease" to .sexually transmitted infection." Changes "human immunodeficiency virus" and "acquired immune deficiency syndrome" to "blood-borne pathogen.". Requires members of Public Employees Retirement System to elect to participate in pension programs and traditional individual account program, or to participate in alternative individual account program, on and after July 1, 2020. Directs Public Employees Retirement Board to study options for allowing retired members of the Public Employees Retirement System to be reemployed by participating public employer and for member and employer to make contributions to system to be applied against unfunded liabilities of system. Modifies definition of "child -caring agency" to include county programs that provide care or services to children in custody of Department of Human Services or Oregon Youth Authority. Authorizes court to initiate commitment proceedings for extremely dangerous person with mental illness if court determines that there is no substantial probability that defendant will gain or regain fitness to proceed. Requires Department of Human Services and Oregon Health Authority to adopt rules for licensing of each type of adult foster home, including those providing residential care to older adults, persons with physical disabilities, persons with intellectual disabilities and persons with mental illness. Expands list of mandatory reporters of abuse of individuals with developmental disabilities, Requires department to adopt criteria for developmental disability and intellectual disability. Authorizes department to impose civil penalties in programs administered by department. Changes name of Department of Human Services Volunteer Program Donated Fund Account and modifies purposes for which moneys in account may be used. Consolidates eligibility for services to children and adults with developmental disabilities. Modifies types of developmental disability services that may be offered and eligibility for services. Establishes new terminology. Requires Oregon Health Authority to establish standards for identifying behavioral health homes. Modifies procedures related to criminal defendants lacking fitness to proceed. Expands eligibility for support service brokerage services to individuals who are 14 to 17 years of age. Modifies terms "venereal disease" and "sexually transmitted disease" to "sexually transmitted infection." Clarifies hearings procedure for certificates of need for certain health care facilities. 3 3 3 3 3 3 3 3 3 3 3 Support Recommend support (David Inbody) Support Provides flexibility Support Provides flexibility Support Recommend support (David Inbody) Support support recommdation by GB. Neutral Neutral; working on SB 19/20 arnmendments with group; see testimony. (Janice Garceau) Health Services Finance, Administrative Services, Human Resources Finance, Administrative Services, Human Resources Health Services Neutral Neutral; need fiscal analysis and budget gap filled; see testimony. (Janice Garceau) Support Recommend support - Supports CCBHCs identified as Health Services Behavioral Health Homes (BHHs) (Janice Garceau) Support More aid & assist restoration in communities and Health Services funding for intermediate level interventions, Aid & Assist coordination; higher access to forensic evaluations. (Janice Garceau) Neutral Neutral; need fiscal analysis and budget gap filled; see testimony. (Janice Garceau) support Recommend support (David Inbody) Health Services ZI L1770:C� WZ/OZ/Z juaws6euelN 4S!H (Vj) alep ol dn sluawaiinbei s6uijg I,/Z )joddnS 'NU94186 Ssew i0opino jol IlLuied GAOidde ol Apoq BuiujeAoB c f4unoo Aq peiinbei aq Aew jeqj Aoilod aouejnsui jo junowe ses'eaJoul s6uljaqie6 SSBLU 01 BulleleN U01 eqma�j 9698S S901AIGS 41leGH ,jelluesse weep Aew SHO WiLim SGUIOOeA PUe SPOW SUlejISuOo J! 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Japio uoileuiwexe jo sAep tq Ulqj!m in000 liodai uoi .1eulwexe 10 Bujig pue u011eulwexe peeocud ol sseu' '!nbeH 'suolieulwexe W PGJGP'O-lJnOO le4l Sai paeocud ol sseul!l ol Bul elaH .1 QUeO 411BGH TL -cs S JGMOeji 1119 �4unoo s9jn43sG(3 MZ 2019 Deschutes County Bill Tracker 13 2/20/2019 13:02:47 SB 700 Water Relating to Deschutes River Basin water. Authorizes certain proVI: st)/ 2/11: Facilitates in stream (TA) Administrative Services Basin to collect fee frorr SB 706 Land Use Relating to lands zoned for rural residential corporation. Defines "cohousing" and allows counties to permit cohousing in lands 3 Support Sen. Knopp Bill (PS - PacAAlest) Community Development uses. zoned for rural residential uses under established conditions. SB 707 Health Care Relating to suicide prevention; prescribing an Establishes Youth Suicide Intervention and Prevention Advisory 3 Support Support recommdation by GB. effective date. Committee. Directs advisory committee to report to Director of Oregon Health Authority each biennium with assessment on implementation of Youth Suicide Intervention and Prevention Plan and recommendations for administrative and legislative improvements. Directs Oregon Health Authority, in consultation with Youth Suicide Intervention and Prevention Coordinator and Youth Suicide Intervention and Prevention Advisory Committee, to report to Legislative Assembly regarding recommendations for legislative changes to address service gaps in youth suicide prevention, intervention and post -suicide activities. Directs Youth Suicide Intervention and Prevention Coordinator to consult with Youth Suicide Intervention and Prevention Advisory Committee regarding updates to Youth Suicide Intervention and Prevention Plan. Takes effect on 91st day following adjournment sine die. SB 721 Health Care Relating to school-based health centers; Requires coordinated care organization to reimburse cost of services 3 Support Support recommdation by GB. declaring an emergency. provided by school-based health centers to members of coordinated care organization at rate paid to in -network providers. SB 737 Taxes Relating to ta I x exemptions for affordable Extends sunset for property tax exemption for low income rental housing 3 Support Administrative Services, Assessor's Office — housing; prescribing an effective date. no additional administrative cost to implement and maini SB 762 Health Care Relating to civil commitments. Extends date by which commitment hearing must be held. Extends length 3 Support SB 762 — The bill expands the maximum length of hospital holds (from 5 days to 15). It would not require Health Services of time individual admitted to facility under emergency civil commitment proceedings may be detained. Permits individual to request hearing to persons to ever be held longer than necessary or determine whether there is probable cause for detention pending permit them to be held any longer than criteria for commitment hearing. danger to self or others is met. The bill is an effort to align involuntary hospitalization statue (regardless of standard) with clinical windows of typical stabilization. Almost all states have an initial hold period of 15 or 30 days for this reason. Oregon is very atypical in having windows of 5 days (not long enough) followed by 6 months (typically too long) with no options in between. Cost may be a barrier, but is hard to predict. This is because while it will almost certainly extend hospitalization for some folks (increasing cost for them), it may then decrease cost both by reducing re- admissions or returns to the ER, as 5 days is often not long enough for meaningfully treatment. It may also reduce commitments which are 6 months, extremely expensive, and likely could often be avoided by providing 10-14 days of standard of care treatment. (Janice Garceau/Wil Berry) HB 2001 Housing Relating to housing; creating new provisions; Requires cities with population greater than 10,000 and counties with 4 Neutral CDD does not have land use jurisdiction inside any UGB. However, the Board may take a position as Community Development amending ORS 197.312; and declaring an population greater than 15,000 to allow middle housing in lands zoned for single-family dwellings within urban growth boundary. representatives of all County residents. HB 2053 Economic emergency. Relating to economic development; prescribing Modifies provisions related to employment and employee compensation 4 Oppose 2/11: Sets wage/employment conditions o n companies in enterprise zones, etc. (TA) Administrative Services Development an effective date. for Oregon Business Retention and Expansion Program, enterprise zones, long term incentives for rural enterprise zones and business development income tax exemption. 13 2/20/2019 13:02:47 K 90!:40 (Hr),wojl AIIe!oueu!j)q9ueq p1nom 1 je4j Buiqlawos s,A9ujojjV joillsiCl 'saoinosaN uewnH J01 Gje3OApe IOU lym inq ideouoci eqj jj'oddns 1 leiinou SS31AJeS OAlleJ)SIUIWPV ,JUGw�OJ9AG0,xvUn,wwo0 (v -L) Buisnoq alcIepicigejollallej xV_L:J,L/Z poddnS S93!AJOS 9A!IeJIS!U!WpV (VI) s!qI OP Apeajle am sieeddV: J, J,/Z Iejjn9N (VI) ISOO U!WPe q614 8Ae4 1461W Inq esues saNeV4 � J, J,/Z Iejjn9N juewdoleAsCl Apunwwoo SaDIAJOS OAIIBJIS!UIWPV juawdOl9AGa Apunwwoo juawdOlOA90 fq!unwwoo AljedOJd'juawdOlOA8(] �,Jjunwwoo sQjJIJ!oe:j 'juewdolaAeCl �41unwwoo GOUBUIj .90!M0 Sjossassv juawdOl9A90 Ai!unujwoo dweq aleli-ift 01 sluem, f4unoo j! uoisjoap pjeog 80wo S,jossassv 01 Jqjq(] saoinose�11einieN jeaAbuiwoodnioixellseAjeqjaqwilloBuil4asouilnoj S931AMS BAIIBJISIUIWpV 'IuewdOISA9(l Apunwwoo 091 Iejjn9N jejInGN Iejjn9N IejjneN jjoddnS N IejjnaN N Iejjn9N LV:ZO:EL 6LOZ/OZ/Z jeNowl. jj!Ej fi4unoo s9jnq3s8C1 6LOZ *walsAs juewajilaN se9AoIdW3 3!lqnd japun sjeo!Uo 9oilod -w9jsAS juaweii 9�1 sa9AoIdw3 o!lqnd 17 seA4!Ienb s,Aaujo4V joulsip �4nclap pue s,Aeuio4V jol ASIP Je4J SQP!AOJd .1 9L41 ui s,AoujolIV lopisip jo snjejs eqj ol BugelaN S�Gcf 92LZ SH 10 poped pajels; jol pl@4 pue Buisnoq alclepioge joj padOIGA8P joeil snsueo awooui-mol u! 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TL-0ZSH -we-1150-ld UeOl BUIAJOAQ�j uoipsinboV puej BuisnOH alqepjojjV ol jun000V 99juejenq pue juawdOl9Ae(] BuisnOH U-104 spunj snIdjns joisueji 01 Juawliedep smolIV -siamojjoq aw'031.11 aleiapow Aq asn molle ol Apl!qftla awooui s,pun.1 ealuejenE) spuedx3' -spunj jun000e puel ol f4!1!qe sjuewpecle(] saouueS Ailunwwoo pue BuisnOH s9leu'W'13 -jun000V ealuejenE) PUB IUOWjOIOAO(] BuisnOH wOJJ -jun000V ealuejenE) weiBoid seld�nooq(] -wejBOJd juej-Z) juawdOIGA8(] 6ujsnOH s'oqsilqeis3 pue)uewdolQAO(] BuisnOH 91.14 01 bullelaN 6uisnOH Tg-OZ9H jeNowl. jj!Ej fi4unoo s9jnq3s8C1 6LOZ 2019 Deschutes County Bill Tracker HB 2792 Land Use HB 2795 Wildlife HB 2796 Housing HB 2829 Recreation HB 2834 Wildlife SB 621 Housing SB 629 Land Use 1-113 2295 Public Safety SB 425 SI3 469 Public Safety Relating to energy facility siting. Relating to a pilot program for cougar management. Relating to needed housing projects in wetlands. Relating to the Oregon Conservation and Recreation Fund; declaring an emergency. Requires applicant for energy facility site certificate to obtain land use approval from local government. Modifies provisions relating to exception process if local government falls to concur with Energy Facility Siting Council decision. Requires council to direct State Department of Energy to review environmental impact of proposed facility. Allows site certificate to be granted if facility meets council's recommended guidelines for energy generation, conservation and regional consumption. Specifies factors council must consider in adopting guidelines. Requires disclosure of financial ability and criminal history by applicant. Directs Energy Facility Siting Council to adopt standards requiring site certificate applicants to submit certain seismic risk information. Creates Task Force on Regional Energy Policy and specifies duties and powers of task force. Sunsets task force on date of convening of 2021 regular legislative session. Directs State Department of Fish and Wildlife to create pilot program that allows persons to use dogs for hunting, or nonlethal pursuit of, cougars within county electing to participate in pilot -program. Requires Department of State Lands to develop rules to allow removal and fill of degraded wetlands for needed housing projects by general permit or authorization. Establishes Oregon Conservation and Recreation Fund. Relating to wildlife corridors. Requires State Department of Fish and Wildlife, in consultation with Transportation, to develop Wildlife Corridor and Safe Road 4 Neutral Department of Crossing Action Plan for use by state agencies. Relating to vacation rentals. Prohibits local governments from restricting use of lawful dwellings for 4 Neutral vacation occupancy. Relating to dwellings in resource lands. Allows transfers of certain authorizations for dwelling within farm or forest zone as property interest in land. Relating to earned review; providing that for Establishes process of earned review for certain young offenders terms of imprisonment in custody of Oregon Youth this Act shall be referred to the people their approval or rejection. serving Authority. Specifies eligibility benchmarks. Directs authority to establish Public Safety Panel to consider circumstances of offender and make recommendation to court. Authorizes court to conditionally release young offender upon making certain findings. Refers Act to people for their approval or rejection at next regular general election. Relating to mandatory minimum sentences Repeals statutes requiring imposition of mandatory minimum for 25 of age; providing sentences for persons under 18 years of age at time of commission persons under years that this Act shall be referred to the people of crime. Prohibits imposition of specified mandatory minimum for under 25 years of age at time of commission for their approval or rejection. sentences persons of crime. Refers Act to people for their approval or rejection at next regular general election. 4 Neutral 4 Neutral Not likely to occur in rural Deschutes County 4 Neutral 4 Neutral 2/11: State (not local) mandate (TA) 4 Neutral County does not regulate vacation rentals now 4 TBD Monitor Administrative Services Community Development, Natural Resources Natural Resources Community Development, Administration Community Development Community Development TBD TBD Reverses one aspect of mandatory mininimum Community Justice sentence for youthful offenders required by 1994 Measure 11. Allows review for conditional releasze after 2/3 sentence served. Refers matter to public vote. TBD TBD Reverses all aspects of mandatory minimum sentence community Justice and adult prosecution of juveniles charged and convicted of Measure 11 crimes. Refers matter to public vote. Public Safety Relating to assault in the second degree; Removes assault in the second degree from list of crimes requiring TBD providing for criminal sentence reduction mandatory minimum prison sentence for person 15 years of age or that requires approval by a two-thirds older at time of commission of crime. Requires proof of additional majority. element of previous acts of reckless behavior that manifested extreme Indifference to the value of human life for certain charges of assault in the second degree. 2/20/2019 13:02:47 TBD Requres 2/3 majority. District Attorney's Office, Community Justice 15 9L ZPaptinj aq walsAs PgzllBJ;uGO PInOm mOH 110611,14 s8 ligm se slemejpqlim I!wjed sitil IIIM -C -41jenb IOU SOOP alepipueo j! 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JOPuO.40 IeU1UJU3 01 BullelaN 'saipoq o!lqnd Aq POP!AOjd s;uewa;els Aed paziwal! ol Bullelall -Alljofew sP-1141-ON e Aq leAoidde saiinbei W44 uoll3npoi eoualues leulwiJ3 JOj BUIPIAoid !BUIOUelUGS JOPUO)JO GIIUOAnf o; SupeleM LVZO:C� 6WZ/0Z/Z SUOII0913/sOIL413 17CZZ 8H splooeN o!lqnd 01,ZZ EIH ja6pnq t7Z�Z 8H ;96pnq t7Z1,Z 8H SUOROGG/S31413 T07 —Z0 H AjajeS oilqnd UTO _Z8 H 1915iong LL9 EIS JoNowl 11!q fi4unoo s9jn143sGG 6M 2019 Deschutes County Bill Tracker HB 2358 Budget Relating to state grants to assist certain There are pros and cons to this bill. This will fully counties; and prescribing an effective date. HB 2382 Marijuana Relating to county taxes on marijuana Division and increase dollars available to counties production sites; creating new provisions; through the CAFFA grant program. Though this only amending ORS 475B.491; prescribing an slightly increases CAFFA monies, this does not effective date; and providing for revenue raising address fully stable funding for A&T. The monies for that requires approval by a three-fifths majority. HB 2391 Taxes Relating to real market value for determining when paying property tax. Preliminary estimates this the bonding power of governmental units; would increase CAFFA to approx 25% of county A&T creating new provisions; amending ORS expenditures (currently CAFFA is approx 17% of 308.207; and prescribing an effective date. HB 2735 Public Safety Relating to emergency resilience; and declaring an emergency. HB 2746 Wildlife Relating to wolves; creating new provisions; and amending ORS 610.155. HB 2065 Health Care Relating to drug take -back programs; prescribing an effective date. HB 2084 Water Relating to place -based integrated water resources strategies; declaring an emergency HB 2104 Taxes Relating to property tax administration; prescribing an effective date. HB 2108 Land Use Relating to consent to annexation for extraterritorial service; declaring an emergency. HB 2109 Land Use Relating to annexation, HB 2110 Land Use Relating to use of land. 2/20/2019 13:02:47 Changes date of primary election from third Tuesday in May to second Tuesday in March. Reduces public records request fees charged by state agencies by 50 percent if requester is member of news media, and waives fees entirely if request is narrowly tailored. Provides grants to counties that received Secure Rural Schools Program payments in calendar year 2008 equal to at least 30 percent of all moneys deposited into county general fund. Allows certain counties to adopt ordinance to impose tax on medical and recreational marijuana production. Provides that, with respect to bonding power of governmental unit limited to mileage or percentage of real market value of taxable property within unit, real market value shall be as set forth in annual Oregon property tax statistics report prepared by Department of Revenue. Establishes Open Spaces Task Force on Emergency Preparedness. Requires State Department of Fish and Wildlife to biennially report to Legislative Assembly regarding estimated change in wolf population. Directs each manufacturer of covered drugs that are sold within this state to participate in drug take -back program for purpose of collecting from certain persons those drugs for disposal. Directs Department of Environmental Quality to administer Act. Requires stewardship organizations subject to Act to first submit plan for developing and implementing drug take -back program on or before July 1, 2020. Requires drug take -back programs to be operational by February 1, 2021. Becomes operative January 1, 2020. Takes effect on 91 st day following adjournment sine die. Extends sunset date for Water Resources Department grant program for place -based integrated water resources strategies. Reduces discount for on-time payment of property taxes imposed on business property. Reduces amounts scheduled for distribution by tax collector to taxing jurisdictions to provide funding for certain tax administration programs. Directs portion of interest and charges on delinquent property taxes to be distributed to taxing units. Amends statutes to provide funding mechanism for administration of property tax by counties. Creates Assessment and Taxation Improvement Grant Program to provide grants for county projects for improved property tax administration. Requires planning division of municipality issuing building permit to notify county assessor, electronically if possible, of information, including tax lot number, required to be contained in permit. Takes effect on 91 st day following adjournment sine die. Authorizes district or city to require consent to eventual annexation of property before providing extraterritorial service to property. Requires that, in election proposing annexation, votes from city and territory to be annexed be counted separately to determine separate majorities if territory to be annexed includes 100 acres or more. Allows landowner to prohibit specified activities on private land and to recover up to $1,000 from violators. Administrative Services, Clerk's Office I don't believe we will qualify for this because the SRS Legal Counsel funding was a very small part of our general fund. I don't believe we will qualify for this because the SRS Administrative Services, Finance funding was a very small part of our general fund. CDD defers to Finance - It does not appear that Community Development, Finance Deschutes County will be a "Qualified County" due it relatively small SRS revenues in the general fund in 2008 Won't have an impact on the County's ability to borrow Assessor's Office, Finance due to County's low debt burden and increasing AV and Market value. Sheriff's Office Defer to BOCC direction Natural Resources Support Solid Waste Neutral Administrative Services There are pros and cons to this bill. This will fully Assessor's Office, Finance, CDD support Oregon Department of Revenue Property Tax Division and increase dollars available to counties through the CAFFA grant program. Though this only slightly increases CAFFA monies, this does not address fully stable funding for A&T. The monies for this are from a lower discount allowed for business when paying property tax. 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HB 2357 Land Use Relating to standing in land use appeals. HB 2416 Housing Relating to small homes. HB 2420 Admin Relating to building codes; declaring an emergency. HB 2423 Housing Relating to small homes; prescribing an effective date. HB 2663 Housing Relating to the conversion of single-family dwellings. HB 2769 Labor Relating to a consultant selection process for a public contract for certain services; prescribing an effective date. Authorizes Attorney General, district attorney or court to award penalty to public records requester, plus reasonable attorney fees, if public body responds to request with undue delay or fails to be responsive to request. Limits standing in appeals of land use decisions or limited land use decisions to persons that reside or maintain business within 25 miles of boundary of local government or special district and appeared before decision maker in person at hearing if available. Requires person applying for issuance or renewal of recreational vehicle registration for small home to attest home meets certain conditions concerning mobility. Requires that municipal building official be employed by municipality or council of governments or under intergovernmental agreement. Makes municipal building official responsible for ensuring adequate administration and enforcement of municipal building inspection program activities. Requires that municipality with building inspection program arrange for individual holding highest level of certification for structural specialty code inspection to provide supervision and active involvement in program aspects that involve inspections for routine enforcement of building code specialty codes. Requires that individual be building official or be employed by municipality or council of governments or under intergovernmental agreement. Requires that municipal inspector be employed by municipality, or under intergovernmental agreement or by council of governments or perform inspections under actual or apparent authority as agent on behalf of municipality. Requires that municipal inspector acting as agent for municipality establish resources and methods for inspection, subject to approval by individual providing supervision over program inspections and enforcement. Revises terminology regarding building officials and building inspectors who qualify for certification. Provides that specialized building inspector may be trained and certified in parts of more than one specialty code. Prohibits municipality from accepting municipal building official or municipal inspector services from person who does not have valid certification. Makes requirements regarding employment of municipal building official and individual to supervise inspection and enforcement of program operative July 1, 2021. Declares emergency, effective on passage. Adopts Small Home Specialty Code to regulate construction of homes not more than 400 square feet in size. Requires Department of Consumer and Business Services to review state building code for purpose of identifying provisions that unnecessarily prohibit, restrict or create disincentives for conversion of single-family dwellings into structures with two to four dwelling units designed primarily for permanent occupancy. Permits contracting agency, in conducting procurement for architectural, engineering, photogrammetric mapping, transportation planning and land surveying services, to consider pricing policies, proposals and other pricing information as part of screening and selection of consultants in specified circumstances. District Attorney supports, but only if there is a penalty Legal Counsel schedule in the bill so the penalties are consistent throughout the state. Currently when I sit as a quasi judge in public records appeals and find a public body violated public records laws by not providing a member of the public with a record I have no legal authority to award a penalty. 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SB 651 Emergency Prep Relating to the emergency alert system; declaring an emergency. SB 670 Elections Relating to information provided to voters. SB 691 Elections Relating to mailing ballots. S13 694 Public Relating to community development; declaring Safety/Economic an emergency. Development SQ 699 Taxes Relating to the property tax exemption for personal property; prescribing an effective date. 2/20/2019 13:02:47 3,,ere n iq on 'mission to establish Responsible C. cts 0 go L uorC tro'Co� t marijuana retailers in maintaining nn.bis Retailer Program to ass's compliance ,th c.nn.b,. I... and rules. Provides that conditioning employment on refraining from using any substance that is lawful to use in this state is unlawful employment practice. Amends definitions of 'actual conflict of interest" and "potential conflict of interest" to apply to members of public official's household, rather than to all relatives of public official. Appropriates moneys from General Fund to Oregon Military Department for distribution to counties for purpose of acquiring analog encoders for transmission of information to broadcasters in case of emergency. Prohibits name of Secretary of State, county clerk or filing officer from appearing in official capacity on voters' pamphlet, return identification envelope, secrecy envelope or other ballot information provided to electors if secretary, county clerk or filing officer is on ballot. Requires ballots returned by mail to be postmarked not later than Saturday before date of election. Establishes Task Force on Rural Fire Protection District Community Development to study and develop recommendations for developing, enhancing or expanding ability of rural fire protection districts to facilitate community development efforts following natural disaster. Provides that machinery and equipment used to compress and bale harvested straw, hay, grass or other plants for purpose of storage or shipment is tangible personal property exempt from ad valorem property taxation. Community Development Human Resources, Legal Counsel Neutral Clerk's Office, Legal Counsel Sheriff's Office, 9-1-1 Oppose 1. Liability issue - changing static templates once every Clerk's Office fourth year. 2. Often included maps or other document contain name of current office holder. Clerk's Office Natural Resources, Community Development Sen. Knopp Bill (PS - PacANest) policyissue. Assessors Office Administratively needs to have a clearer definition of what is to be exempted. 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Defines "assault rifle." Prohibits transfer of handgun or assault rifle to person under 21 years of age. ing to firearm safety instruction on Authorizes school district to allow firearm safety instruction on school )I property. property. ing to a tax credit for gun safes; Esta:)Iishes tax credit against personal income taxes for purchase of— ribing an effective date. qualifying gun safes or locking mechanisms, ng to concealed handgun license Directs Department of State Police to create and maintain list of states ocity. that recognize Oregon concealed handgun licenses and require demonstration of handgun competency to obtain license that is similar to requirement in Oregon. ng to concealed handgun license fees. Increases fees payable to county sheriff for issuance, renewal or duplication of concealed handgun license. ng to firear n safety requirements; 'ing Req jires owner or possessor of firearm to secure firearm with trigger —or an emergency. cable lock or in locked container except in specified circumstances. ng to tax incentives for firearms safety; Creates credit against personal income tax for cost of criminal history Jbing an effective date. record check required by state law for transfer of firearm. ng to the fir �,arm Do Not Sell List. Directs Department of State Police to establish voluntary firearm Do Not Sell List using secure Internet website. ng to bump -fire stocks; prescribing an— Creates offense of unlawful use of a bump -fire stock. ve date. rig to a subtraction from federal Allows subtraction from federal taxable income for purchase of qualifying e income for gun safe purchases; gun safe. 'ibing an effective date.