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2019-486-Minutes for Meeting November 04,2019 Recorded 12/11/2019• BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (54-1) 3 88-65 70 1:00 PM Recorded in Deschutes County CJ2019-486 Nancy Blankenship, County Clerk 1 Commissioners' Journal 12/11/2019 3:22:40 PM il� �5 toGy-` ° 2019-486 FOR RECORDING STAMP ONLY iI'd ,E , n 3s1 t kms... MONDAY November 4, 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 and several identified representatives of the media were in attendance. CALL TO ORDER: Chair Henderson called the meeting to order at 1:00 p.m. ACTION ITEMS 1. Statewide Transportation Improvement Fund Update Public Information Officer Whitney Hale and representatives from Central Oregon Intergovernmental Council Derek Hofbauer, Andrea Breault, and Drew Orr presented the update. COIC submitted plan and ODOT approved the STIF plan in September 2019. Ms. Breault reviewed the project list. The bus service between Sunriver and La Pine is being designed and planned in service area meetings. Discussion held on bus purchases and possibly shifting the focus from bus purchases to more priority transportation issues. Additional services in Redmond are also being planned. Services in Crooked BOCC MEETING NOVEMBER 4, 2019 PAGE 1 OF 6 River Ranch will be developed in partnership with Jefferson County. The project list was reviewed to move items of less impact from a priority position. Projects that would have the least amount of volume impact are mid-day runs on rural routes. Mr. Hofbauer reviewed the STIF committee membership and would like to nominate a chair and vice chair, fill 2 vacancies and consider members whose terms are expiring in December. The Board supported asking the members if they want to be reappointed. Commissioner DeBone inquired on the status of the radio system procurement. COIC has had conversations with 911 Operations and equipment and hardware is being reviewed. 2. Three Sisters Conference Center Expansion Plan Fair and Expo Director Geoff Hinds and Marketing Assistant Elyse West along with Fair Board members Aaron Curtis, David Bishop, Bill Kuhn, and Cheryl Davidson presented the draft proposal for the Three Sisters Conference Center expansion plan. Mr. Hinds reported there is also a facility review plan that will create long term planning for maintenance upgrades. The goal of the expansion is to achieve new revenue generation. Commissioner Henderson asked to have maintenance of the current buildings as a priority rather than putting faith in possibilities of new revenue. A survey was done by the consulting firm, CSL, asking various events if they would consider using the Fair & Expo Center if the facility offerings were expanded. Commissioner Adair expressed concern on the entrance and exits to the fairgrounds and having a traffic design included as a priority. Mr. Hinds would look for a traffic study. The traffic improvement options should be a priority for this next year. Commissioner DeBone spoke on the history of the expansion plan. Commissioner DeBone inquired for the steps to proceed for the Fair Board. County Administrator Anderson explained the process of going before the Budget Committee. The estimated cost of the proposed expansion is $5.7 million. Commissioner Henderson asked for a break out of the cost estimates. Commissioner DeBone recommended a budget conversation with Mr. Hinds, Greg Munn Chief Financial Officer, and the chair of the Fair Board. BOCC MEETING NOVEMBER 4, 2019 PAGE 2 OF 6 3. Request Approval to Reclassify Nurse Practitioner Position Janice Garceau and Lori Hill, Health Services presented the item for discussion. Ms. Garceau explained there is a nurse practitioner position in the budget and reclassifying to a psychiatrists is the department's recommendation. Currently the department has 1 full-time and 1 -half time and a contractor for psychiatry services. The Board expressed support. DEBONE: Move approval to convert a nurse practitioner position to a psychiatrist position. ADAIR: Second VOTE: DEBONE: Yes ADAI R: Yes HENDERSON: Chair votes yes. Motion Carried 4. Tobacco Retail Licensure (TRL) Update Tom Kuhn and Karen Ard, Health Services presented the update on the department's work relative to tobacco retail licensure and youth marijuana vaping prevention. A copy of the presentation is attached to the record. Mr. Kuhn report he has met with the cities in Deschutes County and there is not clear support to move forward with a tobacco retail licensure. Commissioner DeBone also acknowledged he is not in support of this retail licensure but is in favor of community education. The vaping ban has been stalled. Mr. Kuhn reported there have been 14 health related cases and 2 deaths in Oregon. The Health Services staff would like to provide education to prevent youth access to the retailers in the County or enact a low cost tobacco retail license fee. Commissioner Henderson may consider a license fee for vaping. Commissioner Adair supports additional education in our schools. Commissioner DeBone recommended including federal and state history to the slides when next presenting the concept to the city councils. BOCC MEETING NOVEMBER 4, 2019 PAGE 3 OF 6 RECESS: At the time of 3:58 p.m. the Board took a recess and reconvened the meeting at 4:07 p.m. 5. Preparation for Public Hearing on Religious Institution Amendments Nicole Mardell and Peter Gutowsky, Community Development Department and Assistant Legal Counsel Adam Smith presented the preparations for the November 13, 2019 public hearing. A code audit was done to review all codes that should be in compliance with the Religious Land Use and Institutionalized Persons Act (RLUIPA). The proposed amendments alter the word "church" to "religious institution" for better inclusivity, adds an RLUIPA compliance statement, add the use to several districts in Sunriver, and remove a prohibition on religious institutions in the wildlife area combining zone. Ms. Mardell presented a redlined version of the amendments. Mr. Gutowsky reported on the review process with our Planning Commission. Mr. Smith expressed the necessity as a government entity to not violate federal law. Ms. Mardell reported on the proposed edits provided to the Planning Commission. Ms. Mardell will include state law in the BOCC packets for the public hearing. OTHER ITEMS: • Planning Manager Peter Gutowsky reported on the arrangements to gather agencies for the Deschutes Basin Habitat Conservation Plan update to the Board on November 13, 2019. • Property Managerjames Lewis and Facilities Director Lee Randall presented an update on options for winter weather emergency homeless shelters for BOCC MEETING NOVEMBER 4, 2019 PAGE 4 OF 6 either the building at 67 Greenwood or Johnson Brothers Appliance which is now Deschutes County storage. The 67 Greenwood needs extensive work and the Johnson Brothers building has had work done. The Johnson Brothers building is approximately 4,000 square feet but according to the fire department the maximum capacity is 21 people. Mr. Randall reported on HVAC, electrical, and plumbing for both buildings. The restroom is currently not ADA compatible. Commissioner Henderson is in favor of focusing on the Johnson Brothers building. The building will maintain space for the warehouse. Commissioner DeBone would rather not consider the Johnson Brothers building. County Counsel Doyle reported on the impacts homeless shelters create for neighboring property owners and expressed a general concern for liability risks. Mr. Lewis also asked who would be responsible to operate the homeless shelter. Mr. Doyle further noted liability issues associated with this use of a Deschutes County building. Commissioner Adair suggested vouchers for a hotel room for a night. County Administrator Anderson recommended defining a temperature threshold if that was a consideration. Commissioner Henderson suggested Mr. Anderson check on the availability of space at the work center. Commissioner DeBone stated Shepherds House has offered to operate the emergency winter weather shelter if there was a building. Commissioner Henderson stated the non- profits should be reviewing this need prior to winter and not assume, at the 11th hour, that the County will step in. Commissioner DeBone might support the building on Greenwood if someone would partner. Mr. Anderson will contact the City of Bend to discuss partnership. COMMISSIONER UPDATES: None presented EXECUTIVE SESSION: None presented BOCC MEETING NOVEMBER 4, 2019 PAGE 5 OF 6 Being no further items to come before the Board, the meeting was adjourned at 5:17 p.m. ATI ADAIR, VICE CHAIR ANTHONY DEBONE, COMMISSIONER BOCC MEETING NOVEMBER 4, 2019 PAGE 6 OF 6 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - www.deschutes.org BOCC MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:00 PM, MONDAY, NOVEMBER 4, 2019 Allen Conference Room - Deschutes Services Building, 2ND Floor - 1300 NW Wall Street - Bend This meeting is open to the public, and allows 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 estimated and subject to change without notice. CALL TO ORDER ACTION ITEMS 1. 1:00 PM Statewide Transportation Improvement Fund Update - Whitney Hale, Public Information Officer 2. 1:30 PM Three Sisters Conference Center Expansion Plan - Geoff Hinds, Fair and Expo Director 3. 2:30 PM Request Approval to Reclassify Nurse Practitioner Position -Janice Garceau, BH Deputy Director 4. 2:45 PM Tobacco Retail Licensure (TRL) Update - Thomas Kuhn, Health Services 5. 3:00 PM Preparation for Public Hearing on Religious Institution Amendments - Nicole Mardell, Associate Planner COMMISSIONER'S UPDATES Board of commissioners BOCC Meeting Agenda Monday, November 4, 2019 Page 1 of 2 EXECUTIVE SESSION At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation, ORS 192.660(2)(d), labor negotiations; ORS 192.660(2)(b), personnel issues, or other executive session categories. Executive sessions are closed to the public, however, with few exceptions and under specific guidelines, are open to the media. 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. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, 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 questions, please call (541) 388-6572. Board of Commissioners BOCC Meeting Agenda Monday, November 4, 2019 Page 2 of 2 k•. CD CD 0 co 0 0 0 C/) (D 0 1 (D t (D O tv JI � � , el, � j nm� ri 'i`1 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 BOCC Monday Meeting of November 4, 2019 DATE: October 30, 2019 FROM: Whitney Hale, Administrative Services, 541-330-4640 TITLE OF AGENDA ITEM: Statewide Transportation Improvement Fund Update ATTENDANCE: Andrea Breault, COIC Senior Transit Planner, Drew Orr, COIC Transporation Fiscal Administrator and Derek Hofbauer, Outreach and Engagement Administrator SUMMARY: COIC staff will provide an update on Statewide Transportation Improvement Fund (STIF) process and projects. The STIF plan was approved by ODOT in September 2019. STIF is funded through a state payroll tax equal to one-tenth of one percent. The state will estimate total funding annually and actual revenues will vary based on transit tax collections. COIC staff will provide an update on Statewide Transportation Improvement Fund (STIF) process and projects. The STIF plan was approved by ODOT in September 2019. STIF is funded through a state payroll tax equal to one-tenth of one percent. The state will estimate total funding annually and actual revenues will vary based on transit tax collections. Updates include: 1. Change in estimated STIF funding for Deschutes County from ODOT (from an estimated $9,665,669 (130% ODOT estimates) to an estimated $7,566,000 (100% ODOT estimates) o COIC will be seeking Board direction on which projects to fund with the STIF dollars we expect to receive. o COIC has confirmed with ODOT that the Board could shift the priority of projects (i.e. can we fund a project that was originally designated as a 130% project instead of a project that was designated at the 100% threshold). o Attachment 1 shows the breakdown of current STIF projects and their original funding levels 2. STIF Project Overview Update o COIC staff will provide a high-level project update (see Attachment 2) o We are currently working on an agreement to pass through funds from ODOT to COIC L COIC would like the draft agreement to include an appendix that notes the BOCC's priority projects based on the change in estimated STIF funding from ODOT. ii. Once we have determined our priority projects, staff will bring the draft agreement back to the BOCC for review at an upcoming meeting 3. STIF Advisory Committee membership o The BOCC appointed STIF advisory committee members in March 2019. i. Two committee members (Ryan Couch and Katie Bauer) have resigned their positions. In March, the Advisory Committee voted to move alternate Andrew Davis into Ryan Couch's position. 1. COIC recommends that the BOCC review the original pool of applicants to select a new advisory committee member from the original applicant list. ii. Six committee members (including Andrew Davis) have terms that will expire at the end of December. See Attachment 3 for a list of current committee members and their term length. 1. COIC recommends that the BOCC re -appoint the committee members with terms that are expiring at the end of 2019 to serve additional two year terms. 2. According to the STIF bylaws, appointments should be made in January of each year. Planning for future STIF projects o During the review of the 2019-21 STIF project list, the BOCC expressed an interest in ensuring that priority projects would be included in future STIF project cycles. ■ In order for a project to be eligible for future STIF funding, it needs to be included on a local transit master plan. See Attachment 4 for a complete list of local transit master plans, their current status and estimated timeline for approval/adoption. STIF & STF Consolidation o In 2019, the State Legislature directed the transfer of $10.1 million from the Statewide Transportation Improvement Fund (STIF) to the Special Transportation Fund (STF) to distribute funds to transit entities to support public transportation services benefiting seniors and persons with disabilities. o ODOT plans to merge STF and STIF into one public transit program moving forward. This consolidation is intended to increase efficiency and funding reliability for public transportation providers. o ODOT plans to continue operating both programs as directed by existing statutes for the duration of the 2019-2021 biennium NOV. 4, 2019 STIF UPDATE FROM COIC ATTACHMENT 1 STIF PROJECTS REQUIRING CAPITAL Project # Project Description Cost #2 RT 24 Vehicle (Additional Service from Redmond to Bend) $175,000 #17 RT 1, 4, 7 Increase frequency from 30 minutes to 15 minutes Monday through Friday $1,734,107 #21, #22 RT 8, 9 Creation of Service NE/SE Bend $1,620,740 #23, #27 RT 31 La Pine to Sunriver (Additional I Service) $227,200 #30 RT 13, 14 City of Redmond Service $565,000 STIF PROJECTS SHARED WITH OTHER COUNTIES STIF PROJECTS GENERAL #9, #28 RT 24/26 Vehicle/Service (Additional Service, One $124,982 $89,106 Seat Ride from Prineville to Bend) RT 24, 29, 30 Additional Runs (Adding weekday service in Redmond, Sisters, and La Pine—to Bend) #11, #14 RT 26 Evening, Saturday Service (Add evening run for $52,258 $125,694 commuters working in Redmond and living in 3'd St speed/reliability $150,000 Prineville) Match Funds/Transit Projects & Vehicle Match #10,#12,#13 RT 22 Midday, Evening, Saturday Service (Additional $116,770 $50,000 service for those living in Madras and working in Bend Saturday Extend Hrs and Frequency $427,150 Redmond) Real -Time and On -Demand Technology STIF PROJECTS GENERAL #1, #29 RT 24, 30 Secure Funding (Relaying on sustainable funding for Community Connector operations) $89,106 #3, #7, #8 RT 24, 29, 30 Additional Runs (Adding weekday service in Redmond, Sisters, and La Pine—to Bend) $148,486 #4, #5, #6 RT 24, 29, 30 Saturday Service (Adding weekend service in Redmond, Sisters, and La Pine —to Bend) $125,694 #15 3'd St speed/reliability $150,000 #16, #27 Match Funds/Transit Projects & Vehicle Match $521,000 #18 Hawthorne Station Safety Improvements $50,000 #19, #29 Bend Saturday Extend Hrs and Frequency $427,150 #24, #26 Real -Time and On -Demand Technology $230,000 #25 Marketing/Communication $167,839 #36 Redmond Feasibility Study $50,000 #31 City of Sisters Dial a Ride $28,662 #32 CET Expansion Support $776,000 #33, #34 Reduced Fare, Vanpool Program $170,000 #35 Deschutes County STIF Administration $14,049 STIF 130% LIST - NO LONGER FUNDED #38, #41 Redmond Service (Additional) $1,179,634 #39 Facility and Snow Removal Equipment $199,680 #40 Additional On -Demand Dispatch Software $506,314 #42 La Pine to Sunriver (Additional) $150,000 #43 Crooked River Ranch $85,000 ATTACHMENT 2 STIF PROJECT UPDATE • Estimated STIF Awards Deschutes County: $7,566,000 • September 2019: Deschutes Co. STIF Plan was approved by ODOT/OTC • In Progress: Deschutes and COIC draft agreement to pass through funds • January 2020 — 2021: Start to implement projects • High -Level Project Overview Update: o Saturday Service for Community Connector January 2020 ■ La Pine to Bend Saturday Service ■ Sisters to Bend Saturday Service ■ Redmond to Bend Saturday Service ■ Prineville to Bend Saturday Service o Increased weekday frequency for Community Connector Service January 2021 o Service from La Pine to Sunriver Resort May 2020 o Vehicle purchases for increased frequency on 3rd Street and Greenwood/Newport — December 2019* o Vehicle purchases for new services in northeast Bend and southeast Bend - December 2019* o City of Redmond deviated flex -route services January 2021 o Procurement of on-demand/scheduling software June 2020 *COIC estimates that larger buses will take 12 months to procure and smaller buses will take 8-12 months to procure. Deschutes County Statewide Transportation Improvement Fund (STIF) Advisory Committee Updated 10/22/19 Name Required Other Criteria** Term Ends Representation* 1) Bicycle and Pedestrian Susan Altman Advocates 2019 2) Local Governments 1) Public Transit Andrea Breault Service Provider 2020 2) Individuals ages 65 and over 1) Low -Income 1) Social Equity Advocates Ken Thorpe individuals Iinpeople 2) Transit Users 2020 with 3) Educational Institutions Disabilities 1) Social Equity Advocates 2) Local Governments Jonathon Bullock 3) Employers 2020 4) Educational Institutions 5) Geographic Diversity 1) Bicycle and Pedestrian Advocates 1) Low -Income 2) Local Governments Steve Wilson (alternate) Individuals 3) Health, Social, and Human 2020 2) People with Service Providers Disabilities 4) Educational Institutions 5) Transportation Logistics Industry 1) Low -Income 1) Transit Users Katie Bauer Individuals 2) Health, Social, and Human 2019 Resigned 9/20/19 2) People with Service Providers Disabilities 3) Educational Institutions 1) Social Equity Advocates Iman Simmons 2) Employers 3) Health, Social, and Human 2019 Service Providers 1) Bicycle and Pedestrian Sintha Townsend Low -Income Advocates 2020 i n n dividuals 2) Transit Users 1) Transit Users Zachary Bass 2) Local Governments 2020 3) Employers *Required representation as described on page 3 of STIF Advisory Committee by-laws adopted by Deschutes County Board of Commissioners on January 10, 2019. **Other representation as described on pages 3-4 of STIF Advisory Committee by-laws and as self-selected in applications. 4) Major Destinations Low-Income 1) Social Equity Advocates Kelsey Rook n dividuals i n 2) Transit Users 2019 3) Major Destinations Andrew Davis (alternate) The committee voted for 1) Educational Institutions Andrew to become an (COCC) 2020 active committee member during the April 5 meeting Ryan Couch Resigned 3/21/19 The committee voted in favor of Andrew Davis 1) Employers 2019 filling Ryan's position and also recommended him to serve as vice chair during the April 5 meeting. 1) Employers Matthew Schmitz 2) Geographic Diversity 2019 3) Transportation Logistics Industry *Required representation as described on page 3 of STIF Advisory Committee by-laws adopted by Deschutes County Board of Commissioners on January 10, 2019. **Other representation as described on pages 3-4 of STIF Advisory Committee by-laws and as self-selected in applications. ATTACHMENT 3 CURRENT LOCAL TRANSIT MASTER PLANS: STATUS UPDATE Plan Responsible Entity Expected Adoption City of Bend TSP City of Bend Spring 2020 Deschutes County Intelligent Transportation System Plan Deschutes County Spring 2020 US -97 Parkway Facility Plan ODOT Spring 2020 CET 2040 Transit Master Plan COIC Spring 2020 Bend Transportation Safety Action Plan City of Bend Adopted September 2019 Bend Southeast Area Plan City of Bend December 2019 Table of Contents Overview.............................................................................................................................................. Pages 3-5 Proposals.............................................................................................................................................. Pages 5-7 Financing............................................................................................................................................... Pages 7-10 Timeline................................................................................................................................................ Pages 10-11 ProjectedCosts................................................................................................................................... Pages 12-17 AppendixDocuments.......................................................................................................................... Pages Al -315 1. Three Sisters Conference Center Potential Added Revenue (Appendix pages 1-3) 2. Three Sisters Expansion Drawings: Blaise Cacciola Architects, LLC (lune 2019) (pages 4-14) 3. Strategic Plan and the Summary of Findings for Business and Facility Development at the Deschutes County Fairgrounds Expo Center (July 2017) (pages 15-1201 4. Appendix: Supporting Information for the Study of Strategic Business and Facility Enhancement at the Deschutes Fairgrounds Expo Center (October 2017) (pages 121-238) 5. POPULOUS Site Analysis Report of the Deschutes County Fairgrounds Expo Center (April 2017) (pages 239-276) 6. DCFE Business Pian 2016-2020 (pages 277-3111 7. DCFE- Reserve -Fund -History (page 312) 8. Letter of Support from O T REF (page 313) 9. Market Comparison: Oregon Convention Center Remodel (page 314-315) 2 OVERVIEW: The Deschutes County Fair and Expo Center (DCFE) has long and well -served the residents of Deschutes County, its constituent communities and the surrounding region. DCFE has hosted thousands of events and activities which have attracted millions of attendees who have become ambassadors for the facility and the destination and attributed to its success. DCFE has been a key stakeholder in the economic vitality of Central Oregon and is viewed as an integral regional and community partner in tourism and economic development. It is indisputable that the DCFE, located on a 320 -acre site in Redmond, is the premier facility of its kind in the Northwest. The Fair and Expo Center is the venue for the annual Deschutes County Fair & Rodeo and the facility is used for more than 450 events annually. The emphasis of the facility is youth, agriculture and community and the primary purpose of the Fair and Expo Center is to provide social, cultural, recreational, agricultural, commercial and educational opportunities for the citizens of Deschutes County. Governed by the Deschutes County Board of County Commissioners and the Deschutes County Fair Board, the DCFE has developed into a quantifiable economic driver for the vitality and quality of life for Deschutes County residents and visitors. Total economic impacts (direct spending plus indirect and induced spending) associated with the DCFE exceeds $40 million annually. The DCFE financial position has remained strong, with revenue generation growing from RV park usage; excellent food and beverage margins; strong rental revenue collections and consistent occupancy rates. Three new hotel projects adding a projected 500 total rooms are planned near DCFE, and construction has started on the first of these three projects. The second of these three integral projects is slated for a potential spring 2020 construction start date with the third expected to follow a similar timeline. The proximity of new hotel construction near and adjacent to the DCFE support the demand for DCFE infrastructure improvements and expansion to capture new business for this state-of-the-art exhibit and meeting facility. Deschutes County is one of the fastest growing counties in the nation with growth fueled by quality of life business relocation, destination tourism and retirees. To capitalize on the strength of the tourism industry, Deschutes County voters approved a 1.0 percent increase in the Transient Room Tax (TRT) in 2013. 70 percent of the increase, projected at $492,000 in FY19, is allocated to enhanced marketing and development of the DCFE. Nationwide, increases in local and state lodging taxes are a hotly disputed arena. To its credit, the Deschutes County TRT increase initiative was developed with widespread community and industry support due to the leadership of Deschutes County and the DCFE initiation of a collaborative work group with the TRT collection stakeholders. This successful public and private sector resource development partnership has been touted as a model in efficient and effective programming specifically designed to meet community priorities. To ensure the valuable DCFE resource is protected and enhanced, in 2017 Deschutes County engaged Conventions, Sports and Leisure International (CSL), with the assistance of POPULOUS, to analyze and develop strategic recommendations for the overall DCFE facility inventory and marketing of existing facilities. The options in this DCFE Action Plan Matrix have been derived directly from findings of the CSL STUDY OF STRATEGIC BUSINESS AND FACILITY ENHANCEMENT AT THE DESCHUTES FAIR & EXPO CENTER. The CSL study document sets provide extensive detail to substantiate the research, analysis, findings and overall recommendations. Indisputably, the single greatest demand for DCFE improvement and expansion is with the Three Sisters Conference Center. Data derived from Client Surveys, Lost Business Reports and the CSL study corroborate the expansion and improvement of the Three Sisters Conference Center is deserving of priority investment consideration. The CSL study provided an excellent roadmap of options with market demand research and analysis indicating that a modest expansion of the Three Sisters meeting space is market supportable. Functionality, service, support and enhancement of the ability to schedule concurrent events and activities would be significantly improved by the addition of approximately 10,000 square feet of quality, sub -dividable, carpeted breakout meeting space to the Middle Sister Conference Hall. To maximize economies of scale the project expansion and improvement should include updating the aesthetics, finishandfunctionality-of-the Three Sisters Conference Center facilities to modern industry standards. When compared to similar type facilities around the region, the DCFE ranks at the higher end of product in terms of its fairground components (horse stall inventory, RV hookup count and total acreage), but is on the lower end in terms of indoor space offerings. Striving to exceed year over year excellence in a facility that has been successful in driving new market demand requires timely, strategic and cost- effective investment. Options for consideration are designed to protect and maintain the existing DCFE business revenue stream and to attract and accommodate new events, participants and attendees to DCFE. This scaled .........�,.i+..:.... .,. the nrrr product _,.._.:�� ..__..ice :.- -0-- — -�'-'---""- -� proposal o nnprove he rw-Fr product wm result in angnrnent or identified marKet supportable programs. The options presented emphasize facilities, infrastructure and personnel improvements to directly meet current business demand as well as generate new visitation, transient room tax generation and related economic impacts in Deschutes County. This proposal summarizes priority options for a limited scale project focusing on the most acutely targeted and necessary DCFE improvements identified in the CSL feasibility study and review process. if approved by the County Commission and the Fair Board, the options presented offer a cost-effective, efficiency -scaled subset of the comprehensive improvements necessary to ensure the continued optimization and execution of DCFE development. LOCAL GROWTH According to the Coordinated Population Forecast produced by the Population Research Center at Portland State University, The population growth for Deschutes County was one of the highest in the nation at 16% from 2010 to 2017, adding over 6,000 residents each year. This trend is expected to continue. The Population Forecast shows Deschutes County's total population is forecast to grow by almost 187,000 persons (110 percent) from 2015 to 2065, which translates into a total countywide population of 357,345 by 2065. 9 The Bend UGB is forecast to increase by more than 46,000 persons from 2015 to 2035, growing from a total population of 85,737 in 2015 to 132,209 by 2035. The Redmond UGB is expected to increase by a slightly slower rate, growing from 27,715 persons in 2015 to a population of 39,812 by 2035. Growth is forecast to continue, but will occur at a slightly slower pace for both Bend and Redmond during the second part of the forecast period, with total population increasing to 194,793 and 64,785 respectively by 2065. Both Bend and Redmond UGB's are expected to grow as a share of total county population. Not only is the County population expected to continue to grow, but the region is expected to retain an existing strong and growing job market. Powered by a 29% Annual Average Manufacturing Employment Growth from 2013 to 2017, as well as private sector employment growth 26% higher than the Oregon Statewide average that is expected to continue by an additional 18% through 2024. These impressive growth statistics have led to the area being ranked as the second fastest job growth region in the entire United States in 2017, and the #1 ranking for GDP Growth in the nation at over 8.1%. Any facility improvements or adopted strategic operating recommendations would be expected to act as an economic generator and a public resource for Deschutes County and its constituent communities, hosting a variety of both non -local and local events and activities. The DCFE, under the status quo scenario, attracts approximately 465,000 attendee days annually. It is projected that with the proposed investment towards upgrades and improvements to the existing facility that facility event attendance will increase to over 500,000 to 692,000 attendee days. (outside of annual Fair attendance) An important goal of any facility investment strategy would be to attract and accommodate events, participants, and attendees to Deschutes County that presently are not being accommodated by existing facilities—with an emphasis on segments that would be expected to generate new visitation, hotel room nights and related economic impact in Deschutes County. DCFE PROPOSAL: DCFE Management Scenario and Hypothetical Costs (*CSL Study Summary Report / pages 15-19): This option is scaled to address the immediate current demand from DCFE clients and meeting planners and will accommodate the projected growth and future demand for expansion and enhancement beyond 2030. The proposed infrastructure improvements at the Deschutes County Fair & Expo will allow us to continue to provide a quality first class venue, while adjusting to meet current and future market needs. The improvements to the facility will prepare the Three Sisters Conference Center to be highly successful in growing key business in its competitive set, generating nearly $400,000 in additional revenue annually for the DCFE. Economies of scale, timing and construction costs were factored into the CSL report recommendation for size and scope of expansion and improvements. (sources: Conference Center REV spreadsheet, following page, and DCFE monthly operating REV reports) The building addition and renovation will provide an elevated aesthetic that brings the facility up to a modern standard comparable to other similar event and conference centers. The new interior look and feel will be bright and refined. Feature lighting and new finishes will treat the new and remodeled areas with considered elegance without compromising durability or the existing atmosphere. New operable walls will provide options for dividing the space into various configurations to support different client requirements. These operable walls will give clients and event planners options for visual and acoustical separation. The wails will have a Sound Transmission Class (STC) rating of 52. Additional break out spaces will provide further options to support large training events. Increased storage space will also support larger and diverse events types. The elevated aesthetic, functionality and increased amenities should appeal to a larger spectrum of event types. Key features include: • Dividable conference areas • Increased break rooms and seating • Increased storage • Enhanced look and feel • Facility modernization The proposed improvements to the facility are based on the Strategic Pian and summary of Findings from July 20171. Further review of this initial report, and various refinements to the suegestions created it was ultimately determined that the expansion and enhancements of the Three Sisters Conference Center would provide the most cost effective, and successful expansion of the current facility offerings. By adding additional square footage, increasing the number of breakout space, and increasing the aesthetics of the overall facility, the existing facility becomes an even more sought after commodity in the marketplace. The CSL report studies show the interest and market demand for a facility of this type is high, and the belief is that this project will bring both new business, and enhance existing business at the Expo for years to come. Three Sisters Conference Center Expansion (10,000NSF) Direct Construction Cost $ 4,742,332.01 • 10,000 square feet of divisible meeting space added to the Middle Sister • Interior Equipment and Fixtures 1. Strategic Plan and the Summary of Findings for Business and Facility Development at the Deschutes County Fairgrounds Expo Center (July 2017) 2. Appendix: Supporting Information for the Study of Strategic Business and Facility Enhancement at the Deschutes Fairgrounds Expo Center (October 2017) 3. POPULOUS Site Analysis Report of the Deschutes County Fairgrounds Expo Center (April 2017) 0 • Ability to segment breakout rooms with professional audio capacity • Replace and upgrade the fluorescent lighting with ambient lighting • Replace and upgrade the flooring throughout the Three Sisters buildings • Upgrade technology to meet current standards and meeting plannerdemand Contractors Contingency $142,269.96 General Liability Insurance $ 48,846.02 General Contractor OH & Profit $ 222,005.16 Design & Estimating Contingency $ 474,233.20 Performance & Payment Bond $ 42,222.65 TOTAL Capital Costs: S5,671,909 TOTAL ESTIMATED PROJECT INVESTMENT: S 5.671.909 (5116.82 salt) Personnel: Projections for FY20 and FY21 The average number of full-time employees at the DCFE benchmarked comparable facilities is 15.5, while the median is 11.5. Considering the comparative sizes of the facilities and markets, as well as the provision of in-house versus contracted services, it is believed that the DCFE is understaffed relative to industry best practices. Specifically, there is evidence, that both the "operations" and "event coordination" functions at the DCFE are understaffed. (*CSL StudySummory Report / page 9) DCFE has a highly functioning and capable staff team, the majority with extensive experience and tenure. This mature staff has led DCFE to its current level of efficiency and success. in the same token, the maturity of the staff presents a compelling case for the need to hire and train a succession of capable employees to be prepared to take the reins for the future. In FY20 addition of one full-time key staff in functional areas is proposed. This timing provides transition and training opportunities supporting key management transition and pipeline preparation for new and improved meeting space. This process kicks off review of all staff compensation and incentives to ensure alignment with averages at both comparable facilities throughout the country and competitive state/local/regional facilities has been conducted. 1. FY20: Reclassify the Marketing Assistant position to Marketing Coordinator: a. ($24.66 hour to range: $30.98 hour)) i. Enhanced marketing strategies and tactics to fill the post -construction Booked Business pipeline for estimated 500 new hotel rooms available for DCFE group business development ii. Enhanced sales strategies and tactics iii. Enhanced planning and strategies to communicate the appeal of the DCFE site and sub -destination to visitors In FY21, with projected growth in business additional staff should be evaluated and budgeted: 2. FY21: Add 1 FTE in Building Maintenance / Operations Specialist a. (range: $19.97-26.76 hour) 7 i. New business will require additional support to the current skeleton staff in Operations just to meet the growing demand at DCFE ii. DCFE is presently below industry standards in Operational support and addition in this category is essential for delivery of services iii. This position will be necessary within 24 months regardless of project status 3. FY21: Add 1 FTE in Food & Beverage a. (range: $20.97 - $28.10 hour) i. This department presently has just one staff member who is approaching the retirement horizon. DCFE must add a support position in food and beverage to ensure appropriate backup in case of illness or injury; as well as training and department succession to ensure effective long-range planning. 4. FY21: Add 1 FTE in Administrative Support a. (range:$i5,65-20.07 hour) i. This position is vacant and there is presently zero administrative support for the DCFE team. This vacancy is straining Sales & Marketing and Operations focus and may detract from optimal performance. ii. In addition to fielding incoming calls and walk in visitors, this position will be trained to provide support administrative support across all departments to optimize efficiencies and effectiveness of the DCFE team FINANCING DETAIL: (DCFE PROPOSAL)' Several options exist for the acquisition of funds necessary to complete this important project. While the original cost estimates put this project at over $6 million dollars, the revised, local construction estimates have made this project for more affordable, and allows for additional funding options. Option A — Existing County Resources • A portion of annual Transient Room Tax collections are undesignated each year, with an estimated annual contribution to reserves of approximately $1.3M. Total reserves available in the FY20 budget are $3,686,732. • The Fair & Expo maintains a capital reserve fund which funds large, non-recurring capital maintenance projects. The 2016-2020 Deschutes County Fair & Expo Business Plan included a capital fund reserve policy minimum of 2% of the original cost of facilities or $600,000. Most of dhe piujecL, identified in the pian have been compieted. Of the total $5.7ivf project approximately $966,387 will renovate and update the existing facility which would traditionally be funded by major maintenance reserves. There is $1.6M budgeted in this fund for FY20. • The county maintains a general capital reserve fund that is used for Board priority capital investments. A portion of the fairgrounds project could be funded from this resource. Option B —Financing Full faith & credit financing either with a bond or through a bank. Current lending rates are approximately 3%. Bank loans are typically shorter in term and for smaller amounts while bond financing can fund larger amounts for a longer period but are more complex and can be more expensive. - -- • The projectcouldbe funded internally with a loan from the project developmentfund. - -- • For every $1M in financing at 3% annual debt service would be $120,000 on a bank loan with a ten year amortization period and $52,000 with bond financing over a thirty yearterm. 0 • Sources to fund annual debt service payments include new revenue from expanded convention activities, future Transient Room Tax collections, existing contributions to the general capital reserve fund and/or an increase to the property tax levy. The included pro forma is based on potential/anticipated new revenue sources that have indicated an interest in utilizing an enhanced or expanded Three Sisters Conference Center. These added events have been identified through market research, have been contacted directly and indicated interest in bringing new business to the DCFE; however are unable to currently do so due to size or amenity restrictions. Sisters Conference Center Proforma Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Sources of Funds Capital funding TBD $5,671,909 New revenue $232,293 $273,286 $321,513 $378,250 $445,000 Total sources of funds $5,671,909 $232,293 $273,286 $321,513 $378,250 $445,000 Uses of Funds Capital construction $5,671,909 New staffing expenses* $255,831 $268,623 $282,054 $296,157 $310,965 New operating expenses $18,860 $18,860 $18,860 $18,860 $18,860 Total uses of funds $5,671,909 $274,691 $287,483 $300,914 $315,017 $329,825 Net surplus/(deficit) ($42,398) ($14,197) $20,599 $63,233 $115,175 MARKET ANALYSIS: The market demand research and analysis indicate expansion and improvements to the Three Sisters is market supportable. Any expansion/improvement project should update the aesthetics and finish of the Three Sisters facilities to modern industry standards to ensure that new business is competitively achievable as well as ensure current business continues returns. The CSL report identified key improvements to meet DCFE demand drivers: 1. Event Planners expressing a potential interest in hosting one or more future events at DCFE indicated they would like to see a new, more sophisticated and sub -divisible conference hall onsite as well as modernization of current meeting space facilities. 2. Meeting Planners prioritize the addition of a 150-250 room hotel property proximate to DCFE. In addition to our market research and studies, prominent, nationally branded hotel companies have recognized the current and future growth of the City of Redmond which is expected to grow from 27,715 persons in 2015 to a population of 39,812 by 2035. In addition the surrounding region is expected to grow at levels above national averages. This estimated new growth, and the potential of DCFE ability to drive meeting, convention and destination business has created demand for hotel inventory. In turn, the new hotel inventory ensures that DCFE will be successful in generating new, year-round business for the facility by offering state of the art accommodations in proximity to the DCFE. Per initial conversations with the developers of each of the proposed new Hotel sites within close proximity to the Expo, each of these hotels do not plan to construct their own on -property meeting space and will utilize the DCFE for meeting purposes. Exceeding minimum hotel expansion recommendations, three hotels, providing nearly 500 new rooms to Redmond, are in progress. The first of three the additional hotels planned is currently under construction and are being developed by Heritage Hospitality Group. Both hotels are scheduled to open for business before the end of 2019 or spring 2020. 1. Choice Hotels International brand has more than 350 extended -stay properties across the country. The Redmond property will have 120 rooms. 2. Hilton property, has more than 2,330 properties in 21 countries and territories. The Redmond property will have 201 rooms. 3. A second Hilton branded property, is in negotiation for the site immediately adjacent to DCFE near the entrance by the reader board on SW Airport Way. Phase I: Architectural Design: a. RFP process: b. RFP proposal review: C. Architectural Design Awarded: d. Architectural Design complete Phase II: Construction: November 15 — December 15, 2018 January 7-11, 2019 January 14, 2019 July/August, 2019 a. RFP process: TBD b. RFP proposal review: TBD c. Construction Contract Awarded: TBD d. Construction begins: TBD e. Construction expansion and interior improvements completed no later than TBD PROJECT OVERVIEW/NEXT STEPS: The Sisters Conference Center Expansion proposal is based on carefully collected market research, utilizing both ;Y.terv-.-.� anid external, resources as part of thle S..11 project analysis, in addition, careful financial onsi er ...��...«� ullu -.n�wl.u. lcovulcco as Nal vl ulc lun Nlv�cu analyala. nl auuluvn, careful nndnl;ldl CVIISIUCfdIIUfI was given to both construction and new expense, as well as projected or potential new revenue. While these projections are not set in stone, the attempt was to estimate expenses high, and to utilize the lowest projected estimates in order to show that this project is potentially revenue positive within 3 years of construction. When one looks at the five year projections, which include all estimated expense projections the project looks to be finnnrialhi %fiahla with nil nrinr nvnnncoc k,ni r rorn —A within +h ,� F;r�+ C , -A ,h.....;-- F..II -- s;, ..ice. n. -__F- within lnl ulc,Jc !!!x ✓ 'carte allu alluvvlll lull Ilct lulit. This expansion extends the current opportunities offered by the Deschutes County Fair & Expo Center, and opens up increased, and more profitable lines of business. It is also assumed but not highlighted in this report, that these events will provide synergy with the rest of the Campus, for the recruitment of additional events above and beyond those forecast. Further, each of these facility enhancements will also serve our existing partners an clients, and provide them with benefits, and opportunities to grow. IM Last, but certainly not least; it is important to continue to invest in the existing property, which has now reached an age of 20 years old. The investment proposed also stems the aging of the facility, and provides a "facelift" to the campus that may not be imperative, but will benefit each of the annual events, and to allow the county and the Deschutes County Fair & Expo to fulfill its mission of providing a first class facility. The enhancements proposed will allow for enhanced numbers and types of events, in a state of the art, beautiful facility that will be well suited to serve the residents of Deschutes County and those who choose to join us here, for many years to come. SUBSTANTIATING DETAIL: This outline and proposal summarize the key findings associated with the multi -phased study. Phase One focused on research and analysis of market demand and potential development scenarios and strategic recommendations designed to enhance event activity and revenue generation at the DCFE. Phase Two consisted of a comparative cost/benefit analysis of the identified facility recommendations/scenarios, along with discussion of key development and investment strategies, and partner opportunities. The companion Appendix documents provide detail and supporting information surrounding the research, analysis and conclusions associated with the overall study. The Appendix documents have been studied by the DCFE team and work group in their entireties to gain an understanding of the study's methods, limitations and implications. NOTE: DCFE improvements mutually benefit the overall health and success of the entire DCFE complex. The recommended improvements in the Conference Centers leverage and support crossover Event Center business; which support all programs for the annual Fair; which drives increases in food and beverage and overnight visitation to the RV Park; and so on. All DCFE components are integrated to function seamlessly. 11 SD BUDGET SUMMARY REPORT DC Fair & Expo Three Sisters Expansion July 29, 2019 Structural Steel - Columns, Beams, Etc. Building Structural Steel Mainframes (iDims-OlGemeral Reqmremeuls i Quantity Unit Cost/Umt j Cost I Subtotals { Notes $.... 79,800.00( Building Structural Roof Deck 12,956.00 sf $ 5.75 II Partition Support Frame Structural Steel r Cos[ of Work 4,500.00 $_ 31,410.00:' Partition Support Frame Bar Joists 25,410.00 lbs $ 2.00 ,$ 50,820.00. Misc Tools&Supplies 10.00 mo $ 360.00 $: :: :3,600.00 3.00 assuming they will wo nta phased project Safety Costs 10.00 mo $ 460.00 $ 4,600.00 $ 5,940.00: assuming they will want a phased project Temporary Fencing 965.00 If $ 8.90 , $ 8,588.50 to $ assuming they will want a phased project Temporary Interior Barricades 1.00 sum $ 5,500.00 $ 5,500.00 ---- ----- Existing Exterior Walls Re -Frame ___- assuming they will want a phased project Temporary Power 10.00 mo $ 862.00 ; $ 8,620.00:`. assuming they will want a phased project Temporary Communications 10.00 me $ 182.00 : $ 1,820.00- assuming they will want a phased project Temporary Water 10.00 mo $ 140.00 $ 1,400.00.E assuming they will want a phased project Temporary Toilets 10.00 mo $ 230.00 $ 2,300.00 assuming they will want a phased project Project Signs 1.00 sum $ 520.00 $ 520.00 Temporary Off -es 1000 iuo $ 74000 1.$ 7,400.00: assu ming they will wa nt a phased project Progress Cleaning 10.00 mo $ 1,245.00 ;$ 12,450.00 assuming they will want a phased project Final Cleaning 48,552.00 sf $ 0.35 $ 16,993.20 assuming they will want a phased project Supervision 10.00 me $ 10,695.00 `$ 106,950.00 -. assuming they will want a phased project Project Management 10.00 mo $ 3,955.00 $ 39,550.00 assuming they will want a phased project Project Administration 9.00 me $ 370.00 $ 3,330.00 assuming they will want a phased project l Division 01 General Requirements Sub Totals $ :.223 622 i 4.72% $ 4.61 /sf -- !Division 02 x sting Cond t o-tif Qua nh[y Unit Cost / Unit Cost I Subtotals i Notes 5Re Demolition.._....._-,- . Ramove & Replace Existing Fence Allowance LOU is $ 15,00000 $ ...15,000.00 Asphalt Demo 1,882.00 sf $ 1.00 $ 1,882.00' Asphalt Sawcuts 305.00 If $ 2.00 $ z' 610.00 Building Demolition Demo & Remove Metal Building Lean-Tos 5,208.00 sf $ 12.50 f$ 65,100.00 M'sInterior Soft Demo 1.00 Is $ 174,400 00 $ 174,400.00 Division 02 Existing Conditions Sub Totals $ 256 992 5.42'/0 $ 5.29 /sf . tJivislon 33 Concn[=_ Quantity I Unit i cost/ Unit Cost Subtotals I Notes .. ------------- ........ _... _.......... ..... ........... ... Poured -In -Place Concrete -Building 5' Spread Footings Canopies 15.00 ea $ 750.00 $ -' 11,250.00 . 4 pread Footings Buildnig Columns 34.00 ea $ 675.00 $ 22,950.00.. 4' Spread Footings Partition Support 6.00 ea $ 675.00 :$ 4,050.00. Area i - 6" Slab on Grade, N4 bar at 16" ocbw 7,708.00 sf $ 6.90 $ 53,185`.20 Area 2 - 6" Slab on Grade, 44 bar at 16" ocbw 6,580.00 sf $ 6.90 $ 45,402.00 Thickened Slab Edge for both, 24" 576.00 If $ S2.00 $ 29,952.00 Concrete Columns - 18` Diameter x 12' -fail 15.00 ea $ 1,OSO.00 $ 15,750.00 Miscellaneous A¢e o ies 0.03 Y. $ 166,789.20 '$ 5,003.68 'Division 03 Concrete Sub Totals $ 3.95/ $ 3.86 /sf �Divislon 04 Masonry Quantity Unit Cost / Unit Cost I Subtotals Notes CMU Masonry 8" Exterior CMU Perimeter Wainscot 1,986.00 sf $ 35.00 $". 69,510.00 i Division 04 Masonry Sub Totals $ 69 :Ir 1.47% $ 1.43 /sf - , 1Divi3mn 05 Steel QuantityUnit Cost Unit Cost Subtotals Notes Structural Steel - Columns, Beams, Etc. Building Structural Steel Mainframes 37.40 ton; S 4 snn nn <``.-16R inn no Building Bar Joists 39,900.00 lbs $ 2.00 $.... 79,800.00( Building Structural Roof Deck 12,956.00 sf $ 5.75 $ 74,497.00'. Partition Support Frame Structural Steel 6.98 tons $ 4,500.00 $_ 31,410.00:' Partition Support Frame Bar Joists 25,410.00 lbs $ 2.00 ,$ 50,820.00. Partition Support Frame Structural Deck 3,786.00 sf $ 5.50 {$ 2,823 00 i Areas 1 and 2 Partitions Support Structures 3.00 ea $ 6,500 00 ($ 19,500.00 ? Exterior Canopies Roof Primary Framing 1.32 tons $ 4,500.00 $ 5,940.00: Exterior Canopies Roof Secondary Fur Im Framing 975.00 If $ 10.75 $ 10,481:25 Exterior Canopies Gable Roofs Structures Ailowan 2.00 to $ 8,000.00 '.$ 16,000.00' Exterior Walls Secondary Girts Framing 4,346.00 If $ 9.50 ;$ 41,287.00 ---- ----- Existing Exterior Walls Re -Frame ___- 1.00 - Is $ --- 5,00000$ 5,000m !Division OS Steel Sub -Totals ___......._._. _._.. .__ . _...._._..... ,.. _ .____._. ...--- ^._._._...� .......... .... 11.05% $ _._ ._ .._.___.. 10.79 ......... /sf Page 1> DC Expo 3 Sisters Addition SD Summary 7-29-19 SD BUDGET SUMMARY REPORT DC Fair & Expo Three Sisters Expansion July 29, 2.019 !Division 06 Wood, Plastics, °., Composites . _ . .. I_..._._ Quantity i Unit j Cost/ Unit Cost Subtotals Notes Rough Carpentry Fasteners & Hardware 0.03 % $ 8,976.00.. $ Miscellaneous Blocking&Backing 1,122.00 If $ 8.00 $ 8,97600 Architectural Wood Casework Existing Restroom's Lav Counters -P-Lam 49.00 If $ 275.00 $.:-;:13,475.00 New Restroom's Lav Counters - Quartz 14.00 If $ 375.00 $ 5,250.00 Finish Carpentry Chair Rail/Sills/ Wood Trim allowance 1.00 sum $ 7,500.00 $"--:", 7,500.00 Dwlswn 06 Wood Plastics & Composites Sub ,..._._...._ Total __.._ �. ---- .. ___ .___._.-._.. _.__..__._...______ $ 35 470 . .-__.__�......_._.._ ...------ _..0.75% 0 75%$ 0.73 /sf Division 07 Thermal & Moisture I Quantity Unit Cost/ Unit Cost Subtotals Notes i ...___._.-.. _ -------- Insulation - ... i Rigid Insulation Slab Edge 2,3D4.00 sf $ 2.25 $ 5,184.00 Batt Insulation Partitions, R-11 11,998.00 sf $ 0.55 $: ; 6,598.90 Exterior Walls, R-23 12,410.00 sf $ 1.25 $ 15,512.50 Weather Barrier Exterior Weather Barrier/Thermal Break 12,410.00 sf $ 1.15 $ 14,271.50 Roofing 60 Mil .Membrane Roofing 14,108.00 sf $ 20.00 $ >'282,160.00 includes 2' on backside of parapets & Code req'd Roof Pelvis. Standing Seam Metal Roof Panels 3,970.00 sf $ 1500 $. 59,550.00 matching MSCI 24" Ultra-Dek Panels Snow Guards - 2 rows 430.00 If $ 45.00 $.:; 19,350.00 Flashing & Sheet Metal Parapet Cap Metal 576.00 If $ 20.00 $ 11;520.00 ` Miscellaneous Wall Penetrations Flashings 10,784.00 sf $ 0.40 $ 4,313.60' Gutters & Down Spouts 375.00 If $ 30.00 $ 11,250.00 matching MBC_ Northern Standard Gutters Siding Main Body Metal Siding 8,798.00 sf $ 20.00 $ 175,960.00 Fire & Smoke Protection Mainframe Steel Fireproofing 7,806.00 sf $ 8.00 $ 62,448.00 guessing at W24 x SS columns & beams Caulking &Sealants Caulking 12,410.00 sf $ 0.35 $ -'4,343.50 Division 07 Ther..m._a_l Moisture Sub Total _.._$ 6.72 462 j. _ .& ...._.._-_ .. ___._._ __.. 1418% $ (- ..._.._.... ..._.__ 13.85 t /sf {Division 080pening5 I Quantity unit Cost/Unit i Cost Subtotals Notes _-- Doors, Frames, & Hardware, Installation ,-.___.___ _._..__ .. _..-_._, _ ___.__ .x. ____. Exterior Hollow Metal Door Pair 3.00 ea $ 2,500.00 $ 7,500.00 '. pairs of 4 footers Hollow Metal Door Single 3.00 an $ 1,250.00 $ 3,750.00 Storefront Door Pair 4.00 ea $ 3,750.00 $ 15,000.00 Storefront Door Single 3.00 ea $ 2,500.00 $ 7,500.00 Interior HM Doors/HM Frames Single 14.00 ea $ 1,250.00 $ 17,500.00 HM Doors/HM Frames Double 3.00 ea $ 2,500.00 $ 7,500.00 Interior Relites Type 2 3.00 ea $ 850.00 $ 2,550.00 Interior Relites Type 3 3.00 ea $ 1,050.00 $ 3,150.00 Access Doors Access Doors 3.00 ea 5 250.00 $ 750.00 Special Door Hardware Power Door Operators at Entry 2.00 ea $ 3,500.00 $ 7,000.00- Panic Devices 21.00 ea $ 1,000.00 $ 21,000 00 -.. quantity to be confirmed Exterior Windows Aluminum Storefront 580.00 sf $ 95.00 $..; 55,100.00 Kawneer451 Overhead Doors 12 x 12 Coiling Door, Insulated 2.00 ea $ 9,500.00 $ 19,000.00 Fresh OH Door Co Bid 7/26/19 6 x 4 Coiling Door, Non -insulated 2.00 ea $ 3,750.00 $ 7,500 00 Glazing Interior Relites Glazing 252.00 sf $ 40.00 '$`,;10,080.00 safety glazing Interior Doors Glazing SLOP- sf $ 40.00 $ 2,04000 . safetyglating vision 08 Openings Sub -Total _$__ "186,920 3.94% $ 3.85 /sf Divsign09 E-n"shes ------------ - ......... ... ........ 1 j Quantity i Unit Cost/Unit Cost ----------- t_..__.-__ Subtotals Notes __.-._i_...__-.__.__ _..._.__..-_ ____.__- _ _.-____- -age 13 DC _apo 3 Sisters Addition SD Summary 7-29-19 SD BUDGET SUMMARY REPORT DC Fair & Expo Three Sisters Expansion July 29, 2019 Non -Structural Framing 6" Metal Stud Wall Framing 7,630.00 sf $ 4.50 $ '34,335.00 - Acoustic Walls above Partitions Framing 4,368.00 sf $ 12.50 $ 54,600-.00 Suspended Hard Lids Framing 3,506.00 sf $ 8.50 : $ 29,801100 Exterior Wall Girts Interior Furring 10,200.00 sf $ 3.00 $ 30,600.00" Drywall 5/8" Drywall Walls 34,252.00 sf $ 5.50 $`;-:188,386.00 Level Finish S/8" Drywall Ceilings/Soffits 3,506.00 sf $ 5.50 $ 19,283.00 Exist Soffits Repair Allowance 1.00 Is $ 1,500.00 - $ „1,500.00. Accessories, Miscellaneous, Bracing, Etc. 0.03 % $ 209,169.00. $ 5,229.23 Acoustic Acoustic Tile Ceilings 26,946.00 sf $ 5.50 $..148,203.00 Resilient Sheet Vinyl - Existing Restrooms 2,520.00 sf $ 6.00 '.5 15,120.00 Sheet VinylNewRestrooms 544.00 sf $ 7.50 -$ 4,080.00 upgraded material 6" Rubber Base 3,360.00 If $ 3.00 $ 10,080.00 Carpet Tile Carpet Tile 38,116.00 sf $ 5.00 $.: 190,58000 Carpet Tile Walk -off Mat 416.00 sf $ 4.50 $ 1,872.00 - Concrete Floor Finish Concrete Sealer 4,291.00 sf $ 2.25 $:.". 9,654.75 Painting & F...._..ing Lobby Wall Coverings 2,592.00 sf $ 10,50 $. .27,216.00 --- --- Paint Finish Hollow Metal Door&Frame -- ---29.00 ---ea $ --- 210.00--$ 6,090.00 _-- --- -- -- - -- -- Paint % Finish Hollow Metal Relites 9.00 -ea $ 150.00--$ 1,350.00 - Paint/ Finish Exposed Exterior Steel Allowance 1.00 Is $ 7,500.00 $ 7,500.00 Paint Nev Walls 34,252.00 sf $ 1.00 $ 34,252.00 Paint New Ceilings/Soffits 3,506.00 sf $ 1.2S $ 4,382.50 TopcoatPaint Exist Walls in affected rooms 17,460.00 sf $ 0.75 '$ 13,095.00 all rooms with work except L31 Main Hall East Topcoat Paint Exist Ceilings/Soffits in affected ro 3,792.00 sf $. 1.00 $ 3,792.00 all rooms with work except L31 Main Hall East Division 09 Finishes Sub Total s. ,.. .._ . .____.._._...... $ _ 001:,1 __....__.,_,.,.. ------__ .. ....._.. ._ .__.,�:....-_ . _ .,.,a.... _. _...,�. _.-....."- 17.73/ $ 17.32 /sf ..-._.. ...._ r __.._._ __.".-- --- --- -.Cost. iD v,ian lO Spec allies I Quantity Unit ) Cost/Unit Subtotals Notes _.- ----------- ._.__ _ADA ADA 2.00 ea $ 3,350.00 S 2,700.00 Standard 5.00 ea $ 1,150.00 $ 5,75000 Urinal Screens 1.00 ea $ 750.00 $ 750.00 Toilet Partitions - Existing_ Restrooms ADA 4.00 ea $ 1,350.00 $.-::::!5,400.00: Standard 32.00 ea $ 1,150.00 $. _:,36,800.00 Urinal Screens 6.00 ea $ 750.00 $ 4,500.00 Wall Protection 4 Foot P -Lam Wall Covering - Existing Restrooms 2,656.00 sr $ 12.00 $ ': 31,872.00 4 Foot P -Lam Wall Covering - New Restrooms 592.00 sf $ 12.00 $ 7,104.00. Stainless Steel Corner Guards 74.00 ea $ 60.00 $ 4,44000. Signage Signs, ADA & Code Required 48,552.00 sf $ 0.10 $:.'.'': 4,855.20 Fire Extinguisher & Cabinets Cabinets 4.00 ea $ 125.00 '.$ 500.00 quantity TBD Extinguishers 4.00 ea $ 100.00 $ 400..00. quantity TBD Knox box 2.00 ea $ 550.00 ;;$ 1,100.00. quantity TBD Toilet Accessories - Existing Restrooms Grab Bars 8.00 sets $ 175.00 -$ 1,400.00 - Mirrors, Framed 18.00 ea $ 15000 ':$ 2,700.00' Paper Towel Dispenser 12.00 ea $ 325.00 '$ 3,900.00.' Sanitary Napkin Disposal 26.00 ea $ 55.00 '_$ 1,430.00 . Toilet Paper Dispenser 36.00 ea $ 45.00 '; 5 1,620.00' Seat Cover Dispenser 36.00 ea $ 65.00 $ 2,340.00' Soap Dispenser 18.00 ea $ 115.00 '-.$ 2,070..00'. Toilet Accessories - New Restrooms Grab Bars 2.00 sets $ 175.00 $ 350.00: Mirrors, Framed 4.00 ea $ 150.00 $. ,. 600:00 Paper Towel Dispenser 4.00 ea $ 325.00 '$ 1,300.00 Sanitary Napkin Disposal 5.00 ea $ 55.00 I$ 275.00 Toilet Paper Dispenser 7.00 ea $ 45.00 $ 315100.. Seat Cover Dispenser 7.00 ea $ 65.00 ":$ 455.00. Soap Dispenser 4.00 ea $ 115.00 $ 460.00 Room Dividers Ope@ble Folding_Partihons 4,22800 sf $ 141.50.....$ 598,262.00 fresh number off. Bend. High. School. Bid_-. I:Division 10 Specialties Sub Total $ '_ 15.26% $ 14.90 /sf . . Page 1-1 DC Expo 3 Sisters Addition SD Summary 7-29-t9 SD BUDGET SUMMARY REPORT DC Fair & Expo Three Sisters Expansion July 29, 2019 -- ___ . .. ___ ...... _. _ - Division 11 tq wpmen[ ___. _ Quantity 1 . -- - _--- Unit _._. __._ Cost/ Unit --- - Cost ___ ._ ... r_ . __.___ - _-..--------------------- -_ Subtotals i Notes Not Used Division 11 Equipment Sub Total $ i 0.00% $ - AT Division 12 Furnishings Quantity } Unit I Cost/Unit Cost j Subtotals Notes Not Used rD'Vision 12 Furnishings Sub Total $ '- 0.00% $ /sf Division 13 Special Construction Quantity Unit Cost/ Unit i Cost Subtotals Notes i Division 13 Description Not Used ---------------- .,, !Division 13 Special Construction Sub Total !Division ------------ $ ._.._._...-�- - t�. _ __._.._..__--_ 'Division 21 ire S.;opre»-on I Quantity , Unit Cost/ Unit Cost I Subtotals I Notes j Fire Sprinklers 3.15 53,401.95 ' assuming existing system sufficient to accept added volume / Wet Sprinkler System 16,953.00 sf $ $ includes canopy coverage Existing Sytsems Mods Allowance 1.00 Is $ 6,000.00 $ -6,000.00 'Division 21 Fire Suppression Sub -Total $ 59,402 1.22 /sf ='Division 2221umbing? Quantity Unit Cost /unit Cost i Subtotals Notes Waste Systems -New Restrooms Cast Iron Waste & Vent Underground 4" 70.00 If $ 38.00 $ 2,66000 Cast Iron Waste & Vent Underground 3" 35.00 If $ 28.50 $ 997.50 Cast Iron Waste & Vent Above ground 3" 45.00 If $ 32.90 $ 1,480.50 - Cast Iron Waste & Vent Above ground 2" 40.00 sf $ 26.50 $ 1,06000 - Floor Drains 2.00 ea $ 420.00 $ 840.00 Roof Vents Flashing Boots 2.00 ea $ 285.00 $ 570.00 Trench Excavation and Backfill 105.00 If $ 36.00 $ 3,780.00 Domestic Hot & Cold water - New Restrooms Connect To Existing Lines 2.00 ea $ 350.00 $ 700.00 Isolation Bail Valves 4.00 ea $ 125.00 $ 500.00 . Copper Distribution Piping -3/4 380.00 If $ 18.50 $ 7,030.00 Copper Distribution Piping - 1/2 70.00 If $ 14.75 $ 1,032.50 Piping Insulation 450.00 If $ 16.00 $ 7,20000 Chlorination/Testing 1.00 Is $ 650.00 $ '650.00 Plumbing Fixtures - New Restrooms Water Closet - Flush Valve/Wall Hung 5.00 ea $ 1,350.00 $ 6,75000.. Water Closet - Flush Valve/Wall Hung ADA 2,00 ea $ 1,425.00 $ 2,850.00' Urinal - Wall Hung 2.00 ea $ 1,675.00 $ 3,350.00 Lays - Counter 4.00 ea $ 1,025.00 $ 4,100.00 Electric Water Heater -50 gallon 1.00 ea $ 1,250.00 $ 1,250.00:; Expansion Tank if needed 1.00 ea $ 650.00 $ ..650.00.; Plumbing - Existing Restrooms R&R Fixtures in Existing Restroom 62.00 ea $ 375.00 $'..-:23,250.00 Miscellaneous Condensate & Gas Piping Allowance 1.00 ea $ 7,500.00 $ 7,500.00 Plumbing Permits 1.00 ea $ 1,750.00 $ 1,750.00.. _..._,__.._____.__,.__ _ .. _.---.-_-__...______._ - lal$ -Total$ -_-.__..._._....__.______. .,,r____ ,.,...___._.____-_.._._._....____--------- -" 79,951 1.69% $ 1-65 /sf Division 23 HVAC Unit I Cost/ Unit Cost i i Subtotals I Notes I I Heat/Ventilation/Air Additions Square Foot Allowance 14,288.00 sf $ 14.00 $ 200,032.00 Mechanical Permits 1.00 ea $ 3,500.00 $ 3,50000 Adjustmentsto Existing Allowance 1.00 Is $ 6,500.00 $ 6,500.00 LDivision 23 HVAC Sub Total $ 032. 4.43%$ 4.33 /sf Division 26 Electrical Quantity i Unit Cost/Unit I Cost Subtotals i Notes _ � Electrical Squa i e Foot Al Iowa nce 16,953.00 sf $ 25.00 $'.423,825.00 Existing Light Fixture Swap -outs 187.00 ea $ 264.00 $ :49,368.00 Electrical Permits 1.00 ea $ 1,350.00 $ 1,350.00 ?age 15 DC Expo 3 Sisters Addition SD Summary 7-29-19 SD BUDGET SUMMARY REPORT DC Fair & Expo Three Sisters Expansion W July 29, 2019 Division 26 Electrical Sub Total - - _' 9.77 /sf (DM�i,ou 31 quantity i Unit ( Cost/ Umt Cost Subtotals Notes ......... ..._... .......... .... _ .--------- ----_-_ Logistics Logistics _..... _. ----- Mobilization 1.00 sum $ 5,000.00 $::: 5,000.00 Survey / Private Utility Locates 16,953.00 sf $ 0.50 $ 8,476 50 Erosion Control Silt Fence 750.00 If $ 2.00 $ 1,500.00:: Construction Entrance 1.00 Is $ 4,000.00 $ .4,000.00' Concrete Washout 1.00 is $ 1,100.00 $ 1,100.00`- Excavation and Fill - Building Related Footing-Thk Edge Excavation/Backfill 577.00 If $ 30.00 $ 17,310.00 Pad Footing Excavation/Backfill 49.00 ca $ 275.00 $ 13,415.00-' Level & Grade 16,953.00 sf $ 0.75 $ 12,714.75.E 6" Gravel Under Slab 16,953.00 sf $ 1.00 $ 16 '953.00 Vapor Barrier Under slab 16,953.00 sf $ 1.56 $:-26,446.681< .....on 31 Earthwork Sub Total $ 106,5 i ___..__. 2.26% $ ,. 2.20 __... ..._..__, /sf ._..T .._. ..__.._..._._.._...... 0.....on 32 Site Improvements quantity Unit Cost/ Unit Cost Subtotals Base Courses & Grading ------------ -- ---- 4" Base Course at Concrete Pavement --- -942.00 -- sf $ _---- 200 - $ 1,884.00 6" Base Course at Asphalt Patches 1,882.00 sf $ 2.00 $ 3,76v 00' Re -grade Landscape @ Relocated Area Drain 1,939.00 sf $ 0.50 $ 969.50 5" Topsoil Installation @ Landscape Repairs 2,928.00 sf $ 0.80 $ 2,342.40 Site Pavement 4" Concrete Pavement SE Exit Door Landings 50.00 sf $ 5.00 $: '250.00 6" Concrete Pavement - NW Public Way Connecti 867.00 sf $ 7.00. $ 6,069.00 6" Concrete Pavement - Relocated Hydrant Pad 25.00 sf $ 7.00 $ 175.00 Asphalt Patch -backs 1,882.00 sf $ 3.00 $ 5,646.00 i Paving Specialties Hydrant No -Parking Striping 1.00 ea $:, 250.00..$ 1250.00 Site Furnishings Bicycle Racks 3.00 ea $ 350.00 $ 1,050.00 Bollards @ Relocated Hydrant 4.00 ea $ 450.00 $ 1,800.00 Bollards @ Drive Area Building Corners 2.00 ea $ 450.00 $. 900.00 Added Fence Gate Panels 3.00 ea $ 3,500.00 ,$-;-10,500.00 Landscape /irrigation Said @ Disturbed Landscape Areas 3,967.00 sf $ 0.85 $ 3,371.95 Plantings@ Building Frontages Allowance 900.00 sf $ 2.50 $. 2,250.00 1-1/2" Caliper Trees 8.00 ea $ 285.00 $ 2,280.00 Irrigation Adjustments Allowance 1.00 Is $ .._.. 1,500.00 $ 1,500.00 Division 32 Site Improvements Sub Total $ .............. 45,0 0 9 5 x 0.93 /s" ' Dlvislon 33 Utdaies quantit y Unit I j j Cost / Unit Cost Subtotals Water Utilities Existing Hydrant Demo Fire Hydrant Relocation 6" C900 Pipe 6" Gate Valve 6" Angle Fire Hydrant Clean /Test/ Chlorinate Sanitary Sewer Connection to existing 4" PVC Sewer Pipe Cleanouts Testing Storm Drainage Existing Area Drain Demo Relocated Area Drain 4" PVC Pioe& Fittings New Area Drain Building Drain Line 6" PVC Pipe & Fittings Cleanouts Roof Drain Connections Foundation Drain Natural Gas No. site work. needed _ Electrical No site work needed 1.00 ea $ 75.00 If 1.00 ea $ 2.00 ea $ 1.00 ea $ 1.00 ea $ 1.00 ea $ 150.00 If $ 2.00 ea $ 1.00 ea $ 1.00 ea $ 150,00 If $ 1.00 ea $ 260.00 If $ 4.00 ea $ 10.00 ea $ 200.00 If $ Broom Finish Broom Finish Broom Finish if required by added sf new accesses to public way Notes Notes 850.00 $,. _.0 850.00 90.00 $ 6,750.00 850.00 $ 850.00 375.00 $. 750:00' 2,250.00 $ 2,250.00. 900.00 $ 900.00.: 1,500.00 $ 1,500.00'. 75.00 $ 11,250.00 ' assumed connection somewhere on NW exterior? 175.00 $ 350:00.: 600.00 $ 600.00 350.00 $ 350.00' 25.00 $ 3,750.00 1,250.00 $ 1,250:00 35.00 $ 9,10000' 450.00 $ 1,800.00 <' 150.00 $ 1,500.00' 8.00 $ 1,600.00:: $ Page 16 DC Expo 3 Sisters Addition SD Summary 7-29-19 SD BUDGET SUMMARY REPORT DC Fair & Expo Three Sisters Expansion July 29, 2019 Drvision 33 Uhhties Sub Total i.-- $ 45,400 0.963/ $ . '. 0.94 = /sf Sub -Totals $ 4,742,332.01 Direct Construction Cost$ 4,742,332 $ 97.68 Contractors Contingency 3% $ 142,269.96 $ 2.93 General Liability Insurance 1% $ 48,846.02 $ 1.01 General Contractor Of & Profit 4.5% $ 222,005.16 $ 4.57 Design & Estimating Contingency 10% $ 474,233.20 $ 9.77 Performance & Payment Bond 0.8% $ 42,222.65 $ 0.87 Building Area 48,552.00 /sf $ 55,671,909 $ 116.82 /sf Site Area /sf Page 17 DC Exoo 3 Sisters Addition SD Summary 7-29-19 SD BUDGET SUMMARY REPORT DC Fair & Expo Three Sisters Expansion July 29, 2019 3.9s% $ 3.86 /sf Division 04 Masonry Quantity Unit Cost / Unit Cost CMU Masonry Subtotals Notes 8" Exterior CMU Perimeter Wainscot 1,986.00 sf $ 35.00 : $. 69,510.00 1 Division 01 General Requirements Quantity ! Unit i Cost / Unit 1 Cost Subtotals Notes T Cost of Work...____._ 1.43 /sf _ ...____.._ _ Misc Tools & Supplies 10.00 mo $ 360.00 $ 3,600.00 assuming they will want a phased project Safety Costs 10.00 mo $ 460.00 $ 4,600.00 assuming they will want a phased project Temporary Fencing 96590 If $ 8.90 $ 8,588.50 " assuming they will want a phased project Temporary Interior Barricades 1.00 sum $ 5,500.00 - $ 5,500.00: assuming they will want a phased project Temporary Power 10.00 mo $ 862.00 $ 8,620.00 ` assuming they will want a phased project Temporary Communications 1000 mo $ 182.00 $ 1,820.00 :" assumingthey will want a phased project Temporary Water 10.00 mo $ 140.00 j $ 1,400.00: assuming they will want a phased project Temporary Toilets 10.00 mo $ 230,00 $ 2,300.00 assuming they will want a phased project Project Signs 1.00 sum $ S20.00 $ 520.00f. if $ Temporary Offices 10.00 mo $ 740.00 $ 7,400.00' assuming they will want a phased project Progress Cleaning 10.00 mo $ 1,245.00 ;$ 12,450.00 assuming they will want a phased project Final Cleaning 48,552.00 sf $ 0.35 $ 16,993.20 assuming they will want a phased project Supervision 10.00 mo $ 10,695.00 $ 106,950.00 assuming they will want a phased project Project Management 1090 mo $ 3,9SS.00 $ 39,550.00: assuming they will want a phased project Project Administration 9.00 mo $ 370.00 $ 3,330.00' assuming they will want a phased project Division 01 Gener I equvements 5uIrTotals 5 223 622 4.72% $ 4 61 _ /sf f Division 02 Existing Conditions Quantity Unit Cost / Unit Cost I Subtotals Notes Site Demolition Remove & Replace Existing Fence Allowance LAD Is $ 15.900.00 $ 15,000.00 Asphalt Demo 1,882.00 sf $ 1,00 $.:. 1,882.00 Asphalt Sawcuts 305.00 If $ 2.00 $ 610.00 Building Demolition Demo & Remove Metal Building Lean-Tos 5,208.00 sf $ 12.50 -$ 65,100.00" Misc Interior Soft Demo 1.00 Is $ 174,400 00 ,$ 174,400.00-" 'Division 02 Existing Conditions Sub -Totals $ :256 992 r i 5.42% $ ".-- -" 5.29 /sf Division 03 Concrete i Quantity Unit Cost/Unit Cost, Subtotals Nates Poured -In Place Conuete -Building 5' Spread Footings Canopies 1590 ea $ 750.00 $ 11,250.00' Spread Footings Building Columns 34.00 ea $ 675.00 $ 22,950.00 4' Spread Footings Partition Support 6.00 ea $ 675.00 ( $ 4,050.00 Area 1 - 6" Slab on Grade, N4 bar at 16" ocbw 7,708.00 sf $ 6.90 $ 53,185.20. Area 2 - 6" Slab on Grade, 04 bar at 16" so. 6,580.00 sf $ 6.90 $ 45,402.00 Thickened Slab Edge for both, 24" 576.00 if $ 52.00 $ 29,952.00 Concrete Columns - 18" Diameter x 12' Tall 15.00 ea $ 1,050.00 $ 15,750.00 Miscellaneous Accessories 0.03 % $ 166,789 20 $ 5,003.68: 3.9s% $ 3.86 /sf Division 04 Masonry Quantity Unit Cost / Unit Cost CMU Masonry Subtotals Notes 8" Exterior CMU Perimeter Wainscot 1,986.00 sf $ 35.00 : $. 69,510.00 IDwision 04 MasonrySub Totals _ $ ':. 69910 f-_ 1.43 /sf !Division 05 Steel ' Quantity Unit Cost Unit Cost Subtotals l i Notes Structural Steel -Columns, Beams, Etc. Building Structural Steel Ma ..Fr, t c Building Bar Joists V _ _ 39,900.00 Dn lbs $ 'V2.00 $ 79,800,00'. Building Structural Roof Deck 12,956.00 sf $ 5.75 '$ 74,497.00" Partition Support Frame Structural Steel 6.98 tons $ 4,500 00-$ 31,410.00 Partition Support Frame Bar Joists 25,410.00 lbs $ 2.00 -$ 50,820.00< - Partition Support Frame Structural Deck 3,786.00 sf $ 5.50 $ 20,823.00: Areas 1 and 2 Partitions Support Structures 3.00 ea $ 6,500.00 i$ 19,500.00' Exterior Canopies Roof Primary Framing 1.32 tons $ 4,500.00 ' $ 5,940.00' Exterior Canopies Roof Secondary Purim Framing 975.00 if $ 10.75 $. 10,481.25i' Exterior Canopies Gable Roofs Structures Allowan 2.00 ea $ 8,000.00 $ 16,o00:00' Exterior Walls Secondary Girts Framing 4,346.00 If $ 9.50 $.... 41,287.00.'. Existing Exterior Walls Re -Frame Allowance 1.00 Is $ 5,000 00 $ 5,000.00 11.05% $ 10.79 /If Page 12 DC Expo 3 Sister Addition SO Summary 7-29-19 SD BUDGET SUMMARY REPORT DC Fair & Expo Three Sisters Expansion July 29, 2019 Division 06 Wood, Plastics, & Composites '.. Quantity -: Unit Cost / Unit Cost Subtotals Notes Rough Carpentry_ Fasteners & Hardware 0.03 % $ 8,976.00 $ :269.28 Miscellaneous Blocking & Backing 1,122.00 If $ 8.00 $ 8,976.00 Architectural Wood Casework Existing Restroom's Lav Counters - P -Lam 49.00 If $ 275.00 $'..---:13,475.00 New Restroom's Lav Counters - Quartz 14.00 If $ 375.00 $ 5,250.00 Finish Carpentry Chair Rail/Sills/ Wood Trim allowance 1.00 sum $ 7,500.00 $ 7;500.00; [Division 06 Wood Plastics & Composites Sub Total $ : 35 470: 075% $ .._. - 0.73 /sf -- __- .._ ,.. _.- .._.. ... __-... -Division 07 Thermal &Moisture Quantity Unit Cost / Unit Cost Subtotals Notes . .. _-__ . ...-.__.__. __....... _.. :.._.-_._ Insulation ------------ - Rigid Insulation Slab Edge 2,304.00 if $ 2.25 $, 1:`::5,184.00 Batt Insulation Partitions, R-11 11,998.00 sf $ 0.55 $-.:.:`:6,598.90 Exterior Walls, R-23 12,410.00 sf $ 1.25 $ 15,512.50. Weather Barrier Exterior Weather Barrier/Thermal Break 12,410.00 if $ 1.15 $ 14,271.50 , Roofing 60 Mil Membrane .Roofing 14,108.OD if j 20.30 $ 282,160.00 includes 2' vo backside of Parapets & Code req'd Roof Polyiso Standing Seam Metal Roof Panels 3,970.00 if j 15.00 $ 59,550.00 matching MBCI 24" Ultra-Dek Panels Snow Guards - 2 rows 430.00 If $ 45.00 $ 19,350.00 Flashing & Sheet Metal Parapet Cap Metal 576.00 If $ 20.00 $ 11,520.00 : Miscellaneous Wall Penetrations Flashings 10,784.00 if $ 0.40 $ 4,313.60 Gutters & Down Spouts 375.00 If $ 30.00 $ 11,250.00 matching MBCI Northern Standard Gutters Siding Main Body Metal Siding 8,798.00 sf $ 20.00 $ 175,960.00 '. Fire & Smoke Protection Mainframe Steel Fireproofing 7,806.00 if $ 6.00 $ 61,448.00-", guessing at W24 x 55 columns & beams Caulking & Sealants Caulking 12,410.00 sf $ 0.3S $''"4,343.50 Dwision 07 Thermal & Moisture Sub Total $ 672,46i !. ._._... .._.._.. _-. ..-___ ...-- 141895 $ ..-- 13.85 /sf _.__. ---__ _.... Division 08 Openings !. Quantity Unit Cost Unit _ Cost Subtotals Notes Door, Frames, & Hardware, Installation Exterior Hollow Metal Door Pair 3.00 ea $ 2,500.00 '$..; 7,500.00 pairs of 4 footers Hollow Metal Door Single 3.00 ea $ 1,250.00 $ 3,750.00 Storefront Door Pair 4.00 ea $ 3,750.00 $ 15,000.00 Storefront Door Single 3.00 ea $ 2,500.00 $ 7,500.00.` Interior HM Doors/HM Frames Single 14.00 ea $ 1,250.00 $ 17,500 00 -. HM Doors/HM Frames Double 3.00 ea $ 2,500.00 $....,.. 7,500.00, Interior Relites Type 2 3.00 ea $ 850.00 $ 2,550.00 Interior Relites Type 3 3.00 ea $ 1,050.00 ;$...,,..3,150.00 Access Doors Access Doors 3.00 ea $ 250.00 $ .750.00. Special Door Hardware Power Door Operators at Entry 2.00 ea $ 3,50D.00 $ 7;000.00. Panic Devices 21.00 ea $ 1,000.00 $ 21,000.00 quantity to be confirmed Exterior Windows Aluminum Storefront 580.00 sf $ 95.00 ;$.. ; x55,100.00; Kawneer 451 Overhead Doors 12 x 12 Coiling Door, Insulated 2.00 ea $ 9,500.00 $ 19,000 00. Fresh OH Door Cc Bid 7/26/19 6 x 4 Coiling Door, Non -insulated 2.00 ea $ 3,750.00 $....7,500.00: Glazing Interior Relites Glazing 252.00 sf $ 40.00 $ 10,080.00 safety glazing Interior Doors Glazing 51.00 if $ 40.00 $ 2,040.00 safety glazing Division 08 Openings Sub Total $ _ 186,92 3.94% $ 3.85 /sf Division 09 Finishes Quantity Unit Cost Unit Cost Subtotals Notes ?age I? DC _xoo 3 Sist=:, Addition SD ium;naty 7-29-19 SD BUDGET SUMMARY REPORT DC Fair & Expo Three Sisters Expansion July 29, 2019 Non -Structural Framing 6" Metal Stud Wall Framing 7,630.00 sf $ 4.50 $. ". 34;335.00 Acoustic Walls above Partitions Framing 4,368.00 sf $ 1250 $ 54,600.00 Suspended Hard Lids Framing 3,506.00 sf $ 8.50 $ 29,801.00 Exterior Wall Girts Interior Furring 10,200.00 sf $ 3.00 $ 30,600.00 Drywall S/8" Drywall Walls 34,252.00 sf $ 5.50 $ 188,356.00 Level 4 Finish 5/8" Drywall Ceilings / Soffits 3,506.00 sf $ 5.50 $ 19,283.00 Exist Soffits Repair Allowance 1.00 Is S 1,500.00 $ 1,S00.00, Accessories, Miscellaneous, Bracing, Etc. 0.03'6 $ 209,169.00::,.$ ... 5,229.23:.. ... Acoustic Acoustic Tile Ceilings 26,946.00 sf $ 5.50 $ 148,203.00' Resilient Sheet Vinyl - Existing Restrooms 2,520.00 sf $ 6.00 $ 15,120.00 - Sheet Vinyl - New Restrooms 544.00 sf $ 7.50 $ 4,080.00: upgraded material 6" Rubber Base 3,360.00 If $ 3.00 $ 10,080.00 Carpet Tile Carpet Tile 33,116.30 sf $ 5.00 $:. 190,580.00 Carpet Tile Walk -off Mat 416.00 sf $ 4.50 $ 1,872.00 Concrete Floor Finish Concrete Sealer 4,291.00 sf $ 2.25 $;; ' 9,654.75 Painting & ' ring Lobby Wall Coverings 2,592.00 sf $ 10.50 $ 27,216.00 -- - -__-- -Paint/ Finishh-Hollow MetalDoor& Frame_-- 29.00 - ea $ _-- - 210.00 -- $ 6,040.00 -- - - - - - - _- _- -- -- Paint / Finish Hollow Metal Relites 9.0"0 ea $ 150.00 $ 1,350.00 ` Paint / Finish Exposed Exta_nor Steel Allowance 1.00 Is $ 7,500.00 $ 7,500.00 Paint New Walls 34,252.00 sf $ 1.00 $ 34,252.00 Paint New Ceilings/Soffits 3,506.00 sf $ 1.25 $ 4,382.50 Top -coat Paint Exist Walls in affected rooms 17,460.00 sf $ 0.75 $ 13,095.00 all rooms with work except L31 Main Hall East Top -coat Paint Exist Ceilings/Soffits in affected roc 3,792.00 st $ 1.00 $ 3,792.00 ;: all rooms with work except L31 Main Hall East Division 09 Finishes Sub -Total $ -'.8410011 17.73% $ 17,32 /sf �___.. _. __ _� ......... . ____- ___ Division 10 Specialties Quantity Unit f Cost Unit Cost . Subtotals Notes Toilet Partitions - New Restrooms ADA 2.00 ea $ 1,350.00 $ 2,700.00 C. Standard S.00 ea $ 1,150.00 $ 5,750.00.E Urinal Screens 1.00 ea $ 750.00 $ 750 00 _. Toilet Partitions - Existing Restrooms ... ADA 4.00 ea $ 1,350.00 $ 5,400.00. Standard 32.00 ea $ 1,150.00 $,;.,.. 36,800.00 Urinal Screens 6.00 ea $ 750.00 $ 4,500.00 Wall Protection 4 Foot P -Lam Wall Covering - Existing Restrooms 2,656.00 sf j 12.00 $. ;.: 31,872.00 4 Foot P -Lam Wall Covering - New R=strooms 592.00 sf $ 12.00 $ 7,104-00 Stainless Steel Corner Guards 74.00 ea $ 60.00 $ 4,440.00 Signage Signs, ADA & Code Required 48,552.00 sf $ 0.10 $ 4,855.20 Fire Extinguisher & Cabinets Cabinets 4.00 ea $ 125.00500.00: $ quantity TBD Extinguishers 4.00 ea $ 100.00 $ 400.00 quantity TBD Knox box 2.00 ea $ 550.00. $ 1,100.00 ; quantity TBD Toilet Accessories - Existing Restrooms Grab Bars 8.00 sets $ 175.00 $ 1,400.001. Mirrors, Framed 18.00 ea $ 150.00 $ 2,700.00-: Paper Towel Dispenser 12.00 ea $ 325.00 $ 3,900.00:' Sanitary Napkin Disposal 26.00 ea $ 55.00 $ 1,430.00: Toilet Paper Dispenser 36.00 ea $ 45.00 $ 1,620.00>. Seat Cover Dispenser 36.00 ea $ 55.00 $ 2,340.00 Soap Dispenser 18.00 ea $ 115.00 $ 2,070.00 Toilet Accessories - New Restrooms Grab Bars 2.00 sets $ 175.00 ,$ _ 350.00.:: Mirrors, Framed 4.00 ea $ 150.00 $ 60000 Paper Towel Dispenser 4.00 ea $ 325.00 $ 1,300.00-: Sanitary Napkin Disposal 5.00 ea $ 55.00 $ 275.00 Toilet Paper Dispenser 7.00 ea $ 45.00 $ 1315,00 Seat Cover Dispenser 7.00 ea $ 65.00 $ 455.00 Soap Dispenser 4.00 ea $ 115.00 $ 460.00- Room Dividers .....Operable. Folding Partitions.. .....4,22800 - sf $-- -141.50- $ 598,262.00 freshnumberoff BendHighSchool Bid- ---- --- IDivision 10Specialties Sub -Total$ '.723,648 15.261 $ 14.90 /sf ___._-_. ..- .. _.._._ ..._. Page f l DC Expo 3 Sista_u ,Addition SD Summary '1-29-19 SD BUDGET SUMMARY REPORT DC Fair & Expo Three Sisters Expansion July 29, 2019 ---------- - ---------- -- ----- Division 13 Special Construction Quantity Unit Cost / Unit Cost Subtotals Notes - - ------- ------- - - ---- - ---------- Division 13 Description ---- Not Used -- !Division 13 Special Construction Sub -Total ........ - - - ----- --- -------- - ------ -7 - - ---- ------ - ------- Division 21 Fire Suppression Quantity Unit Cost Unit Cost Subtotals Notes Fire Sprinklers 53,401.95 assuming existing system sufficient to accept added volume Wet Sprinkler System 16,953,00 sf $ 115 includes canopy coverage Existing SVtsems Mods Allowance 1.0 0 Is 6,000.00 6,000 .00 ----- ----- - - .Division 21 Fire Suppression Sub -Total -- ------- , -- 59,40Z - - -------- 1.22 /sf Division 22 Plumbing Quantity Unit Cost Unit Cost i Subtotals 'Notes Waste Systems - New Restrooms ---- ----------- - ---------- ---- ------ - ---- ------- - ----- -- - --- ------ - Cast Iron Waste & Vent Underground 4" 70.00 If 38.00 2,660,00 Cast iron Waste & Vent Underground 3" 35.00 if $ 28.50 997.50 Cast Iron Waste & Vent Above ground 3r, 45.00 if $ 32.90 $ 1,480,50 Cast Iron Waste & Vent Above ground 2" 40.00 sf 26.50 $ 11,060,00 Floor Drains 2.00 ea 420.00 $ 940.00 Roof Vents Flashing Boats 2.00 e. 285.00 $ 570.00 Trench Excavation and Backfill 105.00 if 36.00 3,780.00 Domestic Hot & Cold water - New Restrooms Connect To Existing Lines 2.00 ea 350.00 700.00 Isolation Ball Valves 4.00 ea $ 125.00 500.00 Copper Distribution Piping -3/4 380.00 if $ 18.50 7,030.00 Copper Distribution Piping -1/2 70.00 if 14.75 $ 1,032.50 Piping Insulation 450.00 If 16.00 7,200.00 Chlorination/Testing 1.00 Is 650.00 650.00 Plumbing Fixtures - New Restrooms Water Closet - Flush Valve Wail Hung 5.00 ea 1,3SO.30 $ 6,750.00 Water Closet - Flush Valve Wall Hung ADA 2.00 2. 5 1,425.00 2,850.00 Urinal - Wall Hung 2.00 ea 1,675,00 3,350.00 Lays - Counter 4.00 ea 1,025.00 4,100.00 Electric Water Heater -50 gallon 1.00 ea 1,250.00 11250,00 Expansion Tank if needed 1.00 ea $ 650.00 $ 650,00 Plumbing - Existing Restrooms R&R Fixtures in Existing Restroom 62.00 ea 375.00 23,250.00 Miscellaneous Condensate & Gas Piping Allowance 1.00 ea 7,500.00 7,500.00 Plumbing Permits1.00 ea 1,750.00 $ 1,750.00 ---------- - ----------- LNvision 22 Plumbing Sub -Total - -------- ------------- --- - -- $ 79,951 - - - ------------------ 1.69% 1.65 /sf Division 23 HVAC Unit i Cost Unit Cost Subtotals Notes Heat/Ventilation/Air Additions Square Foot Allowance 14,288.00 sf 14.00 $ 200,032.00 Mechanical Permits 1.00 ea 3,500.00 3,500.00 Adjustments to Existing Allowance 1.00 Is 6,500�00 6,500.00 Division 23 HVAC 5 ------ - -------- -210-,032] 4.43% 4.33 /sf Division 26 Electrical Quantity Unit Cost/ Unit Cost Subtotals Notes ---- - ----- - --------- Electric.[ --- ------ --------- Square Foot Allowance 16,953.00 sf 25.00 $ 423,825.00 Existing Light Fixture Swap -outs 197.00 ea 264.00 $ 49,368.00 Electrical Permit, 1.00 ea 1,350,00 $<1,350.00 DC -xoo 3 S,st -Adchts- SD Summary 7-29-19 SD BUDGET SUMMARY REPORT Logistics-------'-- Mobilization 1.00 sum $ 5,000.00 ,$, ,,5,000.00 Survey / Private Utility Locates 16,953,00 sf $ 0.50 $.: 8,476.50 Erosion Control Silt Fence 750.00 If $ 2.00 $ 1,500.00-: Construction Entrance 1.00 Is $ 4,000.00 $ 4,000:00. Concrete Washout 1.00 Is $ 1,100.00 $ 1,100:00 Excavation and Fill - Building Related Footing-Thk Edge Excavation/Backfill 577.00 If $ 30.00 $ 17,310.00- Pad Footing Excavation/Backfill 49.00 ea $ 275.00 $ 13,475.06' Level & Grade 16,953.00 sf $ 0.75 $ 12,714.75. 6" Gravel Under Slab 15,953.00 sf $ 1.00 $_,.16,953.00'.' Vapor Bar ier Under slab 16,953.00 sf $ 1.56 $ 26,446.68 i Drvision 31 Earthwork Sub -Total 2.26% $ 2.20 (sf Division 32 Site Improvements j quantity Unit Cost / Unit Cost Subtotals Base Courses & Grading Y �' 4" Base Course at Concrete Pavement 942.00 sf $ 2.00 $ 1,884.00 6" Base Course at Asphalt Patches 1,882.00 sf $ 2.00 $ 3,764.00 Re -grade Landscape a Relocated Area Drain 1,939.00 sf $ 050 $ 969.50 6" Topsoil Installation @ Landscape Repairs 2,928.00 sf $ 0.80 $ '` 2,342.40 Site Pavement 4" Concrete Pavement - SE Exit Door Landings 50.00 sf $ 5.00 $ I ...250.00 6" Concrete Pavement - NW Public Way Connectic 867.00 s -f $ 7.00 $ 6,069.00 6" Concrete Pavement - Relocated Hydrant Pad 25.00 sf $ 7.00 ;-$ 175.00 Asphalt Patch -backs 1,882.00 sf $ 3.00 ` $ 5,646.00 Paving Specialties Hydrant No -Parking Striping 1.00 ea $ 250M $ ,250.00 Site Furnishings Bicycle Racks 3.00 ea $ 350.00 $ 1,050:00 Bollards @ Relocated Hydrant 4.00 ea $ 450.00 $ 1,800.00 Bollards @ Drive Area Building Corner 2.00 ea $ 450.00 ;$ 900.00: Added Fence Gate Panels 3.00 ea $ 3,500.00 $ 10,500.00 Landscape / Irrigation Sod @ Disturbed Landscape Areas 3,967.00 sf $ 0.85 $ 3371.95 Plantings @ Building Frontages Allowance 900.00 sf $ 2.50 $ 2,250.00 2-1/2" Caliper Trees 8.00 ea $ 285.00 $ 2,280.00 Irrigation Adjustments Allowance 1.00 Is $ 1,500.00 $ 1,500.00 Drvision 32 Site Improvements Sub Total 095% $ 093 /sf j Division 33 Utilities Quantity Unit Cost / Unit Cost i Subtotals Water IJ#ilities -------�--- Existing Hydrant Demo o Hy&cnt Rel... -,o -ion a onn o:..o 1.00 ea $ 850.00 -:$ _._ 850.00 6' Gate Valve 1.00 ea $ 850.00 $ 850.00. 6' Angle 2.00 ea $ 375.00 $ 750.000 Fire Hydrant 1.00 ea $ 2,25000 $ 2,250.00 Clean/Test/Chlorinate 1.00 ea $ 900.00 °$ 900.001 Sanitary Sewer Connection to existing 1.00 ea $ 1,500.00 $ 1,500(001 4" PVC Sewer Pipe 150.00 If $ 75.03 $ 11,250.00 Cleanouts 7 nn a < nc nn IG minn'� Testing 1.00 ea $ 600.00 $ 600100 Storm Drainage Existing Area Drain Demo 1.00 ea $ 350.00 $: _.... 350,00' Relocated Area Drain 4" "PVC Pipe & Fittings 150.00 If $ 25.00 $ 3,750.00 - New Area Drain 1.00 ea $ 1,250.00 - $ 1,250.00 ' Building Drain Line 6" PVC Pipe & Fittings 260.00 If $ 35.00 ;$ 9,100100. Cleanouts 4.00 ea $ 450.00 I$ 1,800.00 Roof Drain Connections 10.00 ea $ 150.00 .$ 1,500.00; Foundation Drain 200.00 If $ 8.00 ,$ 11600.00 Natural Gas No site work needed $ Electrical No site work needed $ _ Notes if required by added sf new accesses to public way Note assumed connection somewhere on NW exterior? Page li, DC Expo 3 Sisters Addition SD So-mary 7-29-19 SD BUDGET SUMMARY REPORT DC Fair & Expo Three Sisters Expansion July 29, 2019 --------- 'Division 33 Utilities Sub Total -- _ -- -- -- — -- – -- -- $ 45 400 0.96% $ 0.94 /sf Sub -Totals $ 4,742,332.01 Direct Construction Cost $ 4,742,332 $ 97.68 Contractors Contingency 3% $ 142,269.96 $ 2.93 General Liability Insurance 1% $ 48,846.02 $ 1.01 General Contractor OH & Profit 4.5% $ 222,005.16 $ 4.57 Design & Estimating Contingency 10% $ 474,233.20 $ 9.77 Performance & Payment Bond 0.8% $ 42,222.65 $ 0.87 Building Area 48,552.00 /sf $ $,671,909 $ 116.62 /sf Site Area /sf Page l7 DC Expo 3 Sisters Addition SD Summary 7-29-19 APPENDIX Three Sisters Conference Center Potential Added Revenue Analysis of Current and Potential Event Revenue Contracted Revenue Potential New Revenue :' RV Park Revenue January _ Good Earth Home, Garden, and Living Show $3,300 OR Sheep Growers Assoc. Conference $2,900 CO Spinners $270 _ Redmond FFA $3,000 February OR Logging Conference $9,600 4-H Idea Fair$11,303 Wes Knodel Gun Show $3,150 OR Hunters Assoc. Banquet $2,040 CO. Sportsmen's Show $14,334 March High Desert Wool Growers _ $1,323 Point Camp Inc. _ _ _ $5,092 _ _ DC Road Dpt. $2,800 Brightside Animal Clinic $1,700 4-H Living on a Few Acres $3,390 FFA State Convention $13,160 High Desert Wool Growers $1,323 THC Fair $5,890 OR Cattlemen's Assoc Conference $24,000 -. American Public Works Assoc. $25,000 _ USDA NRCS $500 April Western Forestry & Conservation Assoc. Conference ` $21,200 American Council of Enginnering Companies of OR Conference $15,600 Oregon Foundation for North America Wild Sheep $13,000 225 (spaces/days) Bend/La Pine Schools $2,425 _ Consumer Cellular Training $9,792 DC 4-H Leadership _ $2,777 CEC Annual Meeting $2,000 Rocky Mnt Elk Foundation Banquet $4,246 DC 4-H Leadership $1,500 Junior Achievement of OR $8,250 Master Gardeners Spring Conference $3,846 C.O. Business Expo _ $5,550 Breaking Barriers Conference $2,966 ICXING LLC $1,260 C.O. Spring & Garden Show $4,027 Teacher's Job Fair _ $1,100 May _ Antique Truck Historical Society Truck Show $45,000 Fire & Rescue Conference $15,000 Brent Blakely $1,890 f Fire Rescue Equipment $15,200 1 May Contracted Revenue _ _ Potential New Revenue ! RV Park Revenue Cantastic _ $740 _ _ C.O. Builders Assoc $25,972 Turmon Auction Service $1,890 4-H Spring Conference _ $8,745 DC Sheriff $11,400 Redmond Schools Athletics $2,100 Wes Knodel Gun Shows _ $630 Redi Luncheon $2,000 _ OHA Convention $16,500 Men's Conference $21,000 National Prayer Breakfast $3,170 Redmond Athletic Awards Banquet _ $16,500 OR Fire Chiefs Assoc. $19,200 _ Portland General Electric Conference $8,000 Ridgeview Graduation Event $1,500 June RV Park Contracted Revenue Potential Revenue Revenue Credit Union Assoc. of Oregon Conference $67,660 OR Telecommunications Assoc. Conference .. $18,300 Gem Show $10,40Q OR Criminal Defense Lawyers Assoc. Conference $10,400 Maria Malagon _.. $6,000 Basenji Rescue & Transport $2,474 Black Bottle Events $5,470 Center Stage Entertainment $2,250' Oregon Volunteer Firefighters Conference $1-000 Wes Knodel Gun Shows $2,520 DC 4-H Leadership $4,495 OR 4-H Youth Development $26;600 COCC _ $4,350 - OR Youth Challenge Graduation $3,697 DC 4-H Leadership $1,675 Basenji Rescue & Transport $2,474 Black Bottle Events _ _ $5,470 Center Stage Entertainment _ $2,250 DC 4-H Leadership $1,675 _ Heartland RV Owners Group $29,800 Baker Charter School Graduation _ _ $3,180 July OR Criminal Defense Lawyers Assoc. Conference $12,300 American Dairy Goat Assoc. $16,330 DC 4-H Leadership $1,930 ugu- Pacific States Marine Fisheries: Commission $16,400 Esmerelda Orozco $1,500 Mt. Bachelor Kennel Club $3,780 Wes Knodel Gun Show $1,890 OR Old Time Fiddlers $20,500 _ SptSept ._wrr IndependentElectrical Contractors of OR $17,800 PNW Booksellers' Assoc Conference $7,800' American Assoc of Bridge $6,800 *OR EMS Conference $21,060 _-... Mt Bachelor Kennel Club $1,260 Wes Knodel Gun Show $3,150 _ High Desert Swap Meet $4,800 OR 4-H Youth Dev $2,120 THC Fair $5,890 Australian Shepherd Club $80,000 Beaver Coach International Rally $32,000 Intcrbilcc Festival $19,150 2 October RV Park Contracted Revenue Potential Revenue Revenue OR Quarter Horse Assoc. Show $15,600 OR Telecommunications Assoc. Conference $18,300 OBE _.Marketing r_ _ $22,209 _ ,.. IGXING LLC $1,628 United Church of God $17,556 Boomerama Event $3,026 St Charles Health System _ $20,291 _ ConSUmerCellular $8,590 OR Homebuilders Assoc $147 OR H.S. Equestrian OR Angus Assoc$6,889 _ Snowflake Boutique $350 C.O. Gun Show _ _ $6,000 November Grantmakers of OR & SW WA Conference $7,200 OR Community College Assoc. Conference $15,300 Taunia Blakely $2,430 Snowflake Boutique$3,750 C.O. Shows $10,402 OR Homebuilders Assoc $147 Deschutes County Health Services $300 Springtime Productions $10,960 Hospice of Redmond $3,093 Holiday parties $60,000 December OR Beef Council Conference $15,300 Hospice of Redmond $3,150 COIC $3,100 Salvation Army $500 Deschutes County Health Services $370 Redmond FFA Alumni Banquet $2,665 OR Youth Challenge Graduation $9,837 Wes Knodel Gun Shows $5,475 Neighbor Impact $500 Redmond Chamber of Commerce $135 Last Chance Holiday Bazaar $5,250 $7,87S Conference Center Contracted Revenue $795,307 Conference Center New Revenue $452,926 RV Park New Revenue $7,875 _ Total Revenue $1,248,233 3 o Ol ol Ln Ln Lo H li v Ln Ln r Q1 Ln Ln Ln cl 00 W m v O O rLn Ln 00�D LLD N N f0 O LD a) 00 00 rP C r 0 0 N N v v It r O O Ln m N 0 00 Ln Ln r O 0 LA O O fd Ln Ln N Ir Zt � d r O O Ln Ln a N N 00 00 N n m r M M m m M li H Ln Ln N N N ), m m w w N 00 00 N N M M N n F" M M � m m N N mN N v M m r N N O m m f6 � LD LD r Ln Ln m O m ri n .. r, m Ln m rl � M v 00 00 N O N M w 00 I M LD LD M Ln M m Ln N 00 N N o r, � 0 0o 0o m LD m Ln N It, �T N lD N N O NDH� o W M NI Ln M N Ln N N Ln Ln m m co r" ` M 00 N ci M N N O N N O lD LD m � � i -I O N ci N M N N m LD O Ln to oo .-i m 1-i o ri O N N N N m o m m � � ci Ln n N m 1i M �-1 N CD d O d O O O M m N 00 1-4 O m O m c -i n Ln N c 0 v c N C Ln N O I- 00 F- O U1 Q qJ ' ra to Ln M "'t N � X O O + bA 0 N Q C m C C o U. 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C o v c OU ami 0 vO- > 3 m v O D CL Y O Q Qj V 4LL m ate+ v~ �vz N Ln D z i E S Cil 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 BOCC Monday Meeting of November 4, 2019 DATE: October 29, 2019 FROM: Janice Garceau, Health Services, TITLE OF AGENDA ITEM: Request Approval to Reclassify Nurse Practitioner Position RECOMMENDATION & ACTION REQUESTED: Request Board approval to convert a Nurse Practitioner position to a Psychiatrist position. BACKGROUND AND POLICY IMPLICATIONS: Deschutes County Health Services (DCHS) has been recruiting for a Licensed Medical Provider (LMP). In the recruitment language, either Psychiatric Nurse Practitioners or Psychiatrists were invited to apply. DCHS is requesting BOCC approval to reclassify a vacant Psychiatric Nurse Practitioner position to a Psychiatrist position. DCHS has a very strong Psychiatrist candidate. The vacant position was in the budget as a Psychiatric Nurse Practitioner, primarily due to the difficulty of recruiting Psychiatrists. However, a Psychiatrist is the preferred applicant. Psychiatrists have much deeper training and more practice range and authority. Adding Psychiatric staff improves our ability to recruit and supervise other Licensed Medical Providers and to have strong clinical oversight for teams. Psychiatrists bill at a higher rate than Nurse Practitioners. For all of these reasons, a psychiatrist is preferred. To cover the additional cost of $24,054 in FY20 (approximately $200,000 additional cost ongoing), DCHS will reallocate contract dollars that were paying for a now retired psychiatrist contractor, making the adjusted FTE cost neutral. Please refer to the spreadsheet (attached) for cost differential and coverage. FISCAL IMPLICATIONS: Spreadsheet attached to reflect cost differential and coverage. ATTENDANCE: Janice Garceau, Deputy Director. C3, O N V OJ L E W O Z 000 000 N O O1 V 0 0 00 O 0 v v 00 tD N 000 0 00 1, N Ol Ln V 0) In m .i N 00 lD N m m 00 m _ m 0 am C o m m Ci m 00 N o w v o V• m iq N 00 In N m m 00 m N N rn 0 Ln O m o in in O N N O' N N M rnn -Itm m m H 0 Un O V1 O Ln w Ol V1 O V Ln 111 N N V Ln Qi Ct m m N to 1-1 V m m Vo m vi fi Ln 0 C O' V O I -t 0iC Lf)i to N I' 0i 1, n N m .--4 N In d O m c-1 N to m N C N O O1 V O \ C cu 00 a 'D r/ C u N> O N 0) C N O OJ 6� ^ u w v a _ c O N OO aj u N C o. C O U1 U U_ d Ln v to Y aw 'D Z a0+ •'_^ vl 7 d 5 a m 5. d U 6 m E i0 .a y vTi u m H 0 TES C L s OG :Z cc, f -A 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 BOCC Monday Meeting of November 4, 2019 DATE: October 30, 2019 FROM: Thomas Kuhn, Health Services, TITLE OF AGENDA ITEM: Tobacco Retail Licensure (TRL) Update RECOMMENDATION & ACTION REQUESTED: Health Services staff would like to provide the Commissioners with an update on Tobacco Retail Licensure (TRL) efforts and receive guidance about possible next steps. BACKGROUND AND POLICY IMPLICATIONS: Tobacco Retail Licensure (TRL) has been proven to be an effective strategy to reduce illegal sales of tobacco products to minors' by providing comprehensive education to retailers along with compliance inspections. This strategy would also be effective in preventing illegal sales of e - cigarettes and vaping devices and products. To date, eleven vaping related illnesses have been reported in Oregon resulting in two deaths. We do not have a complete list of all local tobacco and non -THC inhalant delivery system retail stores and we have no effective way of stopping illegal sales to youth. 1 The Center for Tobacco Policy and Organizing, The American Lung Association. Tobacco Retailer Licensing is Effective. August 2012. Since 2016, as required by the Oregon Health Authority Tobacco Prevention and Education Program (TPEP), the Health Services Tobacco Prevention staff and partners have been assessing the feasibility of county -wide Tobacco Retail Licensure. On July 17, 2017, a presentation was made to the Deschutes Board of County Commissioners about the benefits of enacting a local TRL Ordinance. In follow-up, the Commissioners asked Health Services staff to assess whether or not the cities in Deschutes County would be supportive of a county -wide ordinance and to return with the findings. Initial meetings with cities occurred in 2017-2018. Since that time, there has been large turnover in city leadership, resulting in the cities' requesting that we return to update new leadership on TRL. Staff have recently met again with the cities of La Pine and Sisters and now would like to provide an update on current efforts. While a licensure fee has been a main concern for city leadership and businesses selling tobacco related devices and products, this is not the only strategy that can be used in working toward a TRL. Strategies to be considered include a low-cost fee where emphasis is on working in partnership with retailers, enacting policies to prevent new businesses from selling within 1,000 feet of schools, and reducing advertising that targets youth. An additional strategy could be working with the cities to enact their own TRL policies. We would like to explore various options and gain feedback as to how the Board of County Commissioners prefers we move forward with this work. FISCAL IMPLICATIONS: None ATTENDANCE: Health Services Staff: Karen Ard, Tobacco Prevention Coordinator; Tom Kuhn, Community Health Program Manager C Q'I U) w r E E E E I �2 I E w (� � El 2 ( 7E �� I s 9 N w I'd Mv F-4 P Cll 402 P Cll m >, V 00 > a, (1) 00 K-4 a� Ln 00 C) N Ln O U) O Lr) O Ln 6 re) ro rli r4 v O L/) . %r 0 #1 «r ~ .. • ■ .: \\ Ln �� < .� : � . • ?� :� � • �° � � • 4-J /<\ t t�t« ^« \ . • �� - ■. ? �®\ «\ «: 0- \ 4-J u 0 . \E C- � : ^ � J � : � • ^« \• � 0 ^ u 4< Ln z. #\ Ln � W Ln 4 <22 � . . 4-, Ln «§ • � . «7 u Fb 1^ ^ < #)§ m � � :n � y� ..� . 2 � . #2 Ln . • • �. . t ° 2 2� : o a\ 0 4--J U :, \ � » t . • i 0-3 44 \ «/ : \ >\ 4- «: \ » 2 \ m I L- � � 0 ■: « . e 0 •■ ■.| : . <► • # . :- yUl . m $. ■. t $ . §\ .. 'Ul m i ■■ . at ® #. ■. . � i •| • •a < OJ •a. #. w ., \ # u -a. #. t • � rz :3 aj#. L \ i. • a . $ • i $ �. . y Ul .: ? ® §�\ p � < « �• 11 �l �\ E E c t e u « JAY W --J T - *Z:; (3) o') ® 4-) � O 0 N QJ cu Q • 4 v QJ Ul co .�0 4-J -� ® 4—J v Ln®" (� ia)Q (3) CL Q V U V 4—J� —00 Q b0 0 � 4 4--E 1 V) o Ln V) 4-� Q ® W- L CL o JAY W A� m%=- 4mJ G� oftsm I W,4� E Ll U Lij � � _ I] _ E 0 Ll W -A ] E , E, � i W,t � m -� E S C0G 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 BOCC Monday Meeting of November 4, 2019 DATE: October 29, 2019 FROM: Nicole Mardell, Community Development, TITLE OF AGENDA ITEM: Preparation for Public Hearing on Religious Institution Amendments BACKGROUND AND POLICY IMPLICATIONS: The Board is conducting a work session on November 4, 2019 in preparation for a public hearing tentatively scheduled for November 13, 2019. The Board will consider several amendments to Deschutes County Code Title 18, County Zoning, Title 19, Bend Urban Area Zoning, and Title 23, Comprehensive Plan to address potential conflicts with the Religious Land Use and Institutionalized Persons Act (RLUIPA). The current county code was determined to be noncompliant with RLUIPA in the most -recent Shepherdsfield Church LUBA decision and requires an amendment to correct the issue. The amendments (through file numbers 247-19-000512-PA/513-TA) alter the word "church" to "religious institution" for better inclusivity, add an RLUIPA compliance statement in the code's basic provisions, add the use to several districts in Sunriver, and remove a prohibition on religious institutions in the Wildlife Area (WA) Combining Zone, among other items. A full list of the changes is found in Attachment 1 - Staff Findings. The full record can be found on the county website: https://www.deschutes.org/cd/page/religious-institution-amendments. FISCAL IMPLICATIONS: None. ATTENDANCE: Nicole Mardell, Associate Planner; Adam Smith, Asst. Legal Counsel ES s f 0 6® &W,T9117,11 L1 I bill ky/ COMMUNITY DEVELOPMENT TO: Deschutes County Board of County Commissioners ("Board") FROM: Nicole Mardell, Associate Planner DATE: October 28, 2019 SUBJECT: Religious Institution Amendments - Work Session PROPOSAL The Board is conducting a work session on November 4, 2019 in preparation for a public hearing tentatively scheduled for November 13, 2019. The Board will consider several amendments to Deschutes County Code Title 18, County Zoning, Title 19, Bend Urban Area Zoning, and Title 23, Comprehensive Plan to address potential conflicts with the Religious Land Use and Institutionalized Persons Act (RLUIPA). The current county code was determined to be noncompliant with RLUIPA in the most -recent Shepherdsfield Church LUBA decision land requires an amendment to correct the issue. The amendments (through file numbers 247-19-000512-PA/513-TA) alter the word "church" to "religious institution" for better inclusivity, add an RLUIPA compliance statement in the code's basic provisions, add the use to several districts in Sunriver, and remove a prohibition on religious institutions in the Wildlife Area (WA) Combining Zone, among other items. A full list of the changes is found in Attachment 1 - Staff Findings. II. BACKGROUND RLUIPA was adopted in 2000 by the United States Congress following testimony that land use and zoning regulations often placed a substantial burden on religious groups, thereby inhibiting their ability to express their religious freedom. In many cases, similar secular uses such as assembly halls, fraternal organizations, and museums were not facing the same burden and were receiving favorable treatment. RLUIPA established four general concepts for local governments to comply: 1) Bars "substantial burden" on religious exercise 2) Requires "equal terms" treatment of religious and secular uses 3) Bars discrimination on the basis of religion or type of religious practice 4) Bars total or unreasonable exclusion of religious institutions 1 LUBA Decision No. 2018-095 Central Oregon LanclWatch v. Deschutes County and Shepherd 11 7 NW Lofayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 (541) 388-6.575 cdd@deschutes .or,-, wwvv.deschutes.org/cd @ @ Many of Deschutes County's regulations were established between 1970-1998, prior to the establishment of RLUIPA. In 2017, Deschutes County attempted to amend its zoning ordinance and comprehensive plan to allow churches in the WA Combining Zone on the basis that first amendment rights were being infringed as described in RLUIPA. Deschutes County found that a risk of lawsuit from a property owner, associated with the infringement of these rights was so imminent that the code should be amended to address RLUIPA property issues at a countywide scale. Those changes were remanded by the Land Use Board of Appeals, due to the need for additional information on the impacts to Goal 5, including the need for an Economic, Social, Environmental, and Energy (ESEE) analysis'. In 2018, through a separate land use decision, the County approved a church on an Exclusive Farm Use zoned property located in the WA Combining Zone, again on the basis that the County was potentially liable for litigation due to noncompliance with RLUIPA. On April 3, 2019, the Oregon Court of Appeals affirmed without opinion on a Land Use Board of Appeals (LUBA) decision allowing a church on the property. Through this case, LUBA agreed with the County that the WA Combining Zone section in the Deschutes County Code (DCC) violates the equal terms clause of RLUIPA. Through this decision, the County also determined the need to audit the remaining chapters of the Deschutes County Code to find other areas of noncompliance with RLUIPA, which resulted in the draft Zoning Text Amendments (Attachment 2) and Comprehensive Plan Amendments (Attachment 3). III. PUBLIC COMMENTS The Deschutes County Planning Commission held three public hearings on August 8, August 22, and September 12, 2019. The following individuals provided oral or written testimony: • Alvarado • C. Dunn • Kassy • Pederson • Antao • F. Dunn • Kelly • Pokorny • Benson • Emerson/ • Kinzer • Powell • Bishop Brayfield • Kruse • Quinlan • Borba • Elshoff • Linford • Roche • Brewer • Fancher • McCormick • Schimmoller • Brocker • Findling • McKay • Spencer • Caram • Frank • Meeuwsen • Storm • Castelbaum • Gould • Monte • Warriner • Cecchi • D. Harris • Morrison • Vora • COLW • J. Harris • ODFW • Doerfluer • Humeston • Patrick 2 Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces. ESEE required per OAR 660-023-0040 3 LUBA Decision No. 2018-095 Central Oregon LandWatch v. Deschutes County and Shepherd File No 247-19-000512-PA/513-TA RLUIPA Amendments Page 2 of 4 All public comments received relate to one component of the proposed amendments; the removal of the prohibition on religious institutions in the WA Combining Zone, specifically in the winter deer range, significant elk habitat, and antelope range. Approximately thirty-three individuals have supplied written or oral testimony opposing the proposed amendments on the basis that the removal of a prohibition on religious institutions in the WA Combining Zone could negatively impact wildlife due to impacts commonly associated with assemblies - such as traffic, light, noise, and general human presence in habitat areas. Additionally, individuals expressed concerns that this text amendment could serve as a precedent and could potentially allow secular uses in the WA Combining Zone, where they were previously not allowed. Approximately sixteen individuals supplied oral testimony in support of the proposed amendments as the removal of the prohibition in the WA Zone would allow for greater potential of churches in rural Deschutes County allowing for greater access to these institutions by rural residents. Individuals spoke on the need for small scale, community oriented churches within a close proximity to their homes for reasonable transportation access. IV. PLANNING COMMISSION RECOMMENDATION Following testimony described above, staff proposed two minor edits to the amendment package which could better address protection of wildlife habitat. The options were presented to the Planning Commission prior to deliberations and include: • Edit the definition of "Religious Institutions and Assemblies" to reduce ambiguity and potential misuse of the term. • Add a clarification to the WA Zone text stating the County may include conditions of approval limiting duration, frequency, seasonality, and total number of assemblies occurring in the WA Combining Zone, regardless of whether the assembly is public or private, secular or religious. This could address impacts to wildlife habitat associated with light, noise, and traffic, while treating all assemblies equally as required by RLUIPA. In reviewing these edits during their deliberations, the Planning Commission discussed their interest in pursuing a different potential amendment in which all assemblies in the WA Zone (not only religious) would be audited and reviewed for their environmental impacts. The review could result in the prohibition, or extensive limitation of all assemblies in the WA Combining Zone. The Planning Commission was interested in this approach, as it could ensure secular and non -secular uses are treated fairly per RLUIPA, without reducing existing protections for wildlife (i.e. the current prohibition on churches). File No 247-19-000512-PA/513-TA RLUIPA Amendments Page 3 of 4 Staff found the more extensive amendment to be out of scope of the current process, and would require new notice to DLCD and a new hearing process. Staff recommended the Planning Commission vote on the amendments before them, as proposed, with staff's minor edits shown above. The Planning Commission voted to recommend denial of the proposed amendments (5 in support, 1 abstention). V. NEXT STEPS The Board will hold a public hearing for the Religious Institution amendments on November 13, 2019. ATTACHMENTS 1. Staff Findings 2. Proposed Text Amendments 3. Proposed Comprehensive Plan Amendments File No 247-19-000512-PA/513-TA RLUIPA Amendments Page 4 of 4 DRAFT FINDINGS RELIGIOUS INSTITUTION AMENDMENTS I. PROPOSED AMENDMENTS HISTORY The Religious Land Use and Institutionalized Persons Act (RLUIPA) was adopted in 2000 by the United States Congress following testimony that land use and zoning regulations often placed a substantial burden on religious groups, thereby inhibiting their ability to express their religious freedom. In many cases, similar secular uses such as assembly halls, fraternal organizations, and museums were not facing the same burden and were receiving favorable treatment. RLUIPA established four general concepts for local governments to comply: 1) Bars "substantial burden" on religious exercise 2) Requires "equal terms" treatment of religious and secular uses 3) Bars discrimination on the basis of religion or type of religious practice 4) Bars total or unreasonable exclusion of religious institutions Many of Deschutes County's regulations were established between 1970-1998, prior to the establishment of RLUIPA. In 2017, Deschutes County amended its zoning ordinance and comprehensive plan to allow churches in the Wildlife Area Combining Zone on the basis that first amendment rights were being infringed as described in RLUIPA. Deschutes County found that a risk of lawsuit from a property owner, associated with the infringement of these rights was so imminent that the code should be amended to address the issue at a countywide scale. Those changes were remanded by the Land Use Board of Appeals, due to the need for additional information on the impacts to Goal 5 r, including the need for an Economic, Social, Environmental, and Energy (ESEE) analysis'. In 2018, through a separate land use decision, the County approved a church on an Exclusive Farm Use zoned property that is also located in the Wildlife Area Combining Zone, again on the basis that the County was potentially liable for litigation due to noncompliance with RLUIPA. On April 3, 2019, the Oregon Court of Appeals affirmed without opinion on a Land Use Board of Appeals (LUBA) decision allowing a church on the property. Through this case, LUBA agreed with the Countythatthe Wildlife Area Combining Zone section in the Deschutes County Code (DCC) violates the equal terms clause of RLUIPA. Through this decision, the County also determined the need to audit the remaining chapters of the Deschutes County Code to find other areas of noncompliance with RLUIPA, while also analyzing the impact to vulnerable fish and wildlife populations. PROPOSAL The Planning Division determined amendments to DCC Title 18, County Zoning, Title 19, Bend Urban Area Zoning and Title 23, Comprehensive Plan, are necessaryto complywith the t Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces. ESEE required per OAR 660-023-0040 PAGE 1 OF 8 — FINDINGS — File No. 247 -19 -000512 -PA / 513 -TA Religious Land Use and Institutionalized Persons Act (RLUIPA). The proposed amendments to the Comprehensive Plan and DCC Title 18 are described in Ordinance Nos. 2019-Oxx. Added language is underlined and deleted shown as strikethrewgl4. Deschutes County is amending seventeen chapters of DCC Title 18 and eight chapters in DCC Title 19. A majority of the text amendments replace the word "church" or "churches" with "religious institutions." DCC Chapter 18.08, Basic Provisions and DCC 19.08, Establishment of Zones and Zoning Maps contain a new section that recognizes compliance with RLUIPA supersedes all other aspects of DCC Titles 18 and 19. Most notably, religious institutions are being added as a use where they were previously prohibited in DCC 18.88, Wildlife Area Combining Zone, DCC 18.100, Rural Industrial and DCC 18.108, Urban Unincorporated Community Zone - Sunriver Town Center, Resort Marina, Golf Course, and Nature Center Districts. The following table summarizes the amendments. Summary of Religious Institution Amendments Code Description Comprehensive Plan Text describing the purpose of permitting religious Section 2.6 institutions in the Wildlife Area Combining Zone and Resource Management - Wildlife other areas that may contain Goal 5 resources. Section 3.5 Natural Resources Replaces "churches" with "religious institutions" Section 5.2 Glossary and Acronyms Replaces "churches" with "religious institutions" Title 18- County Zoning Chapter 18.04, Title, Purpose and Deletes definition of "Church." Definitions Adds definition of "Religious Institutions." Chapter 18.08, Basic Provisions Adds a new section describing compliance with RLUIPA Replaces "churches" with "religious institutions" and Chapter 18.16, Exclusive Farm Use Zones „ religious activities Chapter 18.32, Multiple Use Agricultural Replaces "churches" with "religious institutions" Zone Chapter 18.60, Rural Residential Zone Replaces "church" with "religious institutions" Chapter 18.65, Rural Service Center — Replaces "church" with "religious institutions". Relists Unincorporated Zone from conditional use to use subject to site plan review. Chapter 18.66, Terrebonne Rural Replaces "church" with "religious institutions" Community Zoning Districts Chapter 18.67, Tumalo Rural Community Replaces "church" with "religious institutions" Zoning Districts Chapter 18.74, Rural Commercial Zone Replaces "church" with "religious institutions". Chapter 18.80, Airport Safety Combining Replaces "church" and "churches" with "religious Zone institutions" Chapter 18.88, Wildlife Area Combining Removes prohibition of churches. Replaces "church" with Zone "religious institutions" Replaces "church" with "religious institutions;" add Chapter 18.108, Unincorporated religious institutions as a use permitted outright in Town Community Zone - Sunriver Center, Resort Marina, Golf Course, and Nature Center Districts. Removes limitations to building or buildings not PAGE 2 OF 8 — FINDINGS — File No. 247 -19 -000512 -PA / 513 -TA II. REVIEW CRITERIA Deschutes County lacks specific criteria in DCC Titles 18, 19, 22, or 23 for reviewing a legislative plan and text amendment. Nonetheless, because this is a Deschutes County initiated amendment, the County bears the responsibility for justifying that the amendments are consistent with the Statewide Planning Goals and its Comprehensive Plan. III. FINDINGS A. CHAPTER 22.12, LEGISLATIVE PROCEDURES Section 22.12.010. PAGE 3 OF 8— FINDINGS —File No. 247-19-000512-PA/513-TA exceeding 5,000 square feet of floor area in the Sunriver Business Park. Chapter 18.110, Resort Community Zone Replaces "church" with "religious institutions" Chapter 18.116, Supplemental Replaces "church" with "religious institutions" Provisions Chapter 18.124, Site Plan Review Replaces "church" with "religious institutions" Replaces "church" with "religious institutions". Relists conditional use criteria for religious institutions from Chapter 18.128, Conditional Use 18.128.080 to 18.128.090 for greater consistency with equal terms provisions. Bend Urban Area Zoning Ordinance Chapter 19.04. Title, Compliance, Deletes definition of "Church." Applicability, and Definitions Adds definition of "Religious Institutions." Chapter 19.08, Urban Area Reserve Zone Adds new section describing compliance with RLUIPA. Chapter 19.12, Urban Area Reserve Zone Replaces "churches" with "religious institutions" Chapter 19.20, Suburban Low Density Replaces "churches" with "religious institutions" Residential Zone Chapter 19.22, Westside Transect Zone Replaces "churches" with "religious institutions" Chapter 19.28, Urban Standard Replaces "church" with "religious institutions" Residential Zone Chapter 19.80, Off -Street Parking and Replaces "church" with "religious institutions" Loading Replaces "church" with "religious institutions". Relists Chapter 19.92, Interpretations and criteria for religious institutions from 19.88.040 to Exceptions 19.88.050 for greater consistency with equal terms provisions. II. REVIEW CRITERIA Deschutes County lacks specific criteria in DCC Titles 18, 19, 22, or 23 for reviewing a legislative plan and text amendment. Nonetheless, because this is a Deschutes County initiated amendment, the County bears the responsibility for justifying that the amendments are consistent with the Statewide Planning Goals and its Comprehensive Plan. III. FINDINGS A. CHAPTER 22.12, LEGISLATIVE PROCEDURES Section 22.12.010. PAGE 3 OF 8— FINDINGS —File No. 247-19-000512-PA/513-TA Hearing Required FINDING: This criterion will be met because a public hearing will be held before the Deschutes County Planning Commission and Board of County Commissioners. 2. Section 22.12.020, Notice Notice A. Published Notice 1. Notice of a legislative change shall be published in a newspaper of general circulation in the county at least 10 days prior to each public hearing. 2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. FINDING: This criterion will be met by notice being published in the Bend Bulletin newspaper. B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. FINDING: This criterion will be met when notice is posted in the bulletin board in the lobby of the Deschutes County Community Development Department, 117 NW Lafayette, Bend. C. Individual notice. Individual notice to property owners, as defined in DCC 22.08.010(A), shall be provided at the discretion of the Planning Director, except as required by ORS 215.503. FINDING: Given the proposed legislative amendments do not apply to any specific property, no individual notices will be sent. D. Media notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. FINDING: Notice will be provided to the County public information official for wider media distribution. This criterion has been met. 3. Section 22.12.030 Initiation of Legislative Changes. A legislative change may be initiated by application of individuals upon payment of required fees as well as by the Board of County Commissioners. FINDING: The application was initiated by the Deschutes County Planning Division at the direction of the Board of County Commissioners, and has received a fee waiver. This criterion has been met. PAGE 4 OF 8— FINDINGS —File No. 247-19-000512-PA/513-TA 4. Section 22.12.040. Hearings Body A. The following shall serve as hearings or review body for legislative changes in this order. 1. The Planning Commission. 2. The Board of County Commissioners. B. Any legislative change initiated by the Board of County Commissioners shall be reviewed by the Planning Commission prior to action being taken by the Board of Commissioners. FINDING: The Deschutes County Planning Commission will hold the initial public hearing and will provide a recommendation to the Board of County Commissioners. The Board will then hold the second set of public hearings. These criteria will be met. 5. Section 22.12.050 Final Decision All legislative changes shall be adopted by ordinance FINDING: The proposed legislative changes included in file no. 247-19-000512-PA/513-TA will be implemented by ordinances upon approval and adoption by the Board. This criterion will be met. B. Statewide Planning Goals The parameters for evaluating these specific amendments are based on an adequate factual base and supportive evidence demonstrating consistency with Statewide Planning Goals. The following findings demonstrate that the proposed amendments comply with applicable statewide planning goals and state law. Goal 1, Citizen Involvement The adoption process for the proposed amendments will include a public hearing before the Planning Commission and the Board of County Commissioners, consistent with ORS 215.060 and DCC 22.12.010. This goal is met. Goal 2, Land Use Planning ORS 197.610 allows local governments to initiate post acknowledgments plan amendments (PAPAS). An Oregon Department of Land Conservation and Development 35 -day notice will be initiated on July 3, 2019. This findings document provides the adequate factual basis and documented analysis for this plan and zoning text amendment. This goal is met. Goal 3, Agricultural Lands Religious institutions are a use permitted in the EFU zone under ORS 215.283(1). Staff is proposing a minor change to the use name, from "church" to "religious institution", in order to be in compliance with constitution language. This goal is met. PAGE 5 OF 8 — FINDINGS — File No. 247 -19 -000512 -PA / 513 -TA • Goal 4, Forest Lands Religious institutions are not allowed in Deschutes County's Forest Use zones, consistent with state law. No changes related to forest lands are proposed as part of the text amendments. This goal does not apply. • Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces Local governments are required to apply Goal 5 to a PAPA when the amendment allows a new use and the new use "could be" a conflicting use with a particular Goal 5 resource site on an acknowledged resource list.' As the SURN, SURA, SURG, and WA zone contain Goal 5 resources, and are being altered to allow the new use, they are being reviewed during the ESEE document. No other changes to the code warrant specific ESEE Analysis as they are not added a new use that conflicts with Goal 5 resources. The ESEE analysis is included in AppendixA which is attached to this document. • Goal 6, Air, Water and Land Resources Quality and Goal 7, Natural Hazards Deschutes County has a variety of code provisions pertaining to religious institutions that are designed to protect air, water, and land resources quality. These also assure religious institutions are not approved in areas that are subject to natural resources and natural hazards. These provisions include: DCC 18.16.025, Uses Permitted Subject to Special Provisions; 18.116, Supplementary Provisions; 18.124, Site Plan Review; and DCC 18.128 Conditional Use. This goal is met. • Goal 8, Recreational Needs Religious institutions are defined as community and institutional uses, not a recreational use or need. This goal does not apply. • Goal 9, Economic Development Religious institutions are defined as community and institutional uses, and are not primarily economic in nature. This goal does not apply. • Goal 10, Housing This goal typically pertains to municipalities, who are obligated to fulfill certain housing requirements. As the proposed amendments pertain to unincorporated areas, this goal does not apply. • Goal 11, Public Facilities Religious institutions in the rural county typically rely on domestic wells and onsite wastewater treatment systems. A Goal 11 exception would be required for a centralized sewer system and would need to be applied on a property specific, needs related basis. Staff finds this goal does not apply. 2 OAR 660-023-0250(3)(b) PAGE 6 OF 8 — FINDINGS — File No. 247 -19 -000512 -PA / 513 -TA • Goal 12, Transportation Religious institutions can be embodied in a variety of congregation sizes and shapes. The Institute of Traffic Engineers (ITE) Trip Generation Manual provides data for churches, mosques, and synagogues for weekday and weekend use. Generally, religious buildings have higher usage on the weekends than weekdays by a substantial margin. The County bases its review of land use trips on weekday peak times. While it is difficult to identify the broad traffic impact of allowing religious institutions in the various County zones, the allowance of religious institutions into various zones will not result in any significant effect as defined by the Transportation Planning Rule (TPR) at OAR 660-012-060. The ITE Trip Generation manual notes religious buildings produce the majority of the traffic on weekends when the system volumes are much lower than weekdays and thus the road system has more capacity. No roads are changing functional classification. The County's access management requirements are unchanged. Any proposed religious institution will have to go through site plan review and will be vetted to see if a traffic study is required based on the thresholds of DCC 18.116.310. The traffic study would identify any adverse effects the religious building would have to mitigate. Regardless if a traffic study is required or not, Board Resolution 2013- 020 as amended sets a transportation system development charge (SDC) rate of $4,448 per peak hour trip. The resulting SDC assessed on the religious building, would provide funds for future transportation projects on the Countys adopted Capital Improvement Plan (CIP). staff finds that compliance with Goal 12 and the Transportation Planning Rule can be verified at the individual land use review process through existing code provisions. This goal is met. • Goal 13, Energy Conservation The proposed text amendments alter the provisions surrounding religious institutions at a countywide level and are not property specific. Any future site-specific applications will be required to demonstrate consistency with Goal 13. Therefore, this goal does not apply. • Goal 14, Urbanization The purpose of Goal 14 is to direct urban uses to areas inside urban growth boundaries. As proposed amendments do not seek to allow urban uses on rural land, nor do they seek to expand an existing urban growth boundary, this goal does not apply. • Goals 15 through 19 Deschutes County does not contain any of the relevant land types included in Goals 15-19. Therefore these goals do not apply. PAGE 7 OF 8— FINDINGS —File No. 247 -19 -000512 -PA/ 513 -TA C. Deschutes County Comprehensive Plan Chapter 2, Resource Management Section 2.6, Wildlife Policies 2.6.3 Ensure Goal 5 wildlife inventories and habitat protection programs are up-to-date through public processes and expert sources, such as the 2009 Interagency Report. FINDING: As previously noted, Deschutes County concluded that DCC 18.88.040(B)(3)'s prohibition on a "church" in the Wildlife Area Combining Zone violates RLUIPA's Equal Terms provision because it allows nonreligious assemblies and institutions as conditional uses in the combining zone. LUBA agreed. Deschutes County cannot treat religious assemblies in the Wildlife Area Combining Zone on less favorable terms than non -religious assemblies with similar impacts on wildlife. The proposed code amendments are required to comply with RLUIPA and therefore, keep Deschutes County's Goal 5 wildlife inventories and habitat protections up-to-date. PAGE 8 OF 8 — FINDINGS — File No. 247 -19 -000512 -PA / 513 -TA 111111 iii, OR Appendix A: ESEE Analysis Document to File Nos. 247 -19 -000512 -PA / 513 -TA Deschutes County Community Development June 28, 2019 Page 1 of 22 Appendix A: ESEE ANALYSIS Table of Contents Chapter 1: Overview of Goal 5 and ESEE Analyses.........................................3 Chapter 2: Deschutes County Goal 5 Inventory and Methodology.............6 Chapter 3: Conflicting Use Analysis..................................................................8 Chapter 4: Impact Areas...................................................................................11 Chapter 5: ESEE Analysis..................................................................................12 Chapter 6: ESEE Decision..................................................................................21 Chapter 7: Program to Achieve Goal 5...........................................................22 References Attachment 1 - Inventory Site Maps Attachment 2 - Deschutes County Goal 5 Inventory Summary Table Attachment 3 - Oregon Department of Fish and Wildlife Testimony 2017 Page 2 of 22 Appendix A: ESEE ANALYSIS Chapter 1: Overview of Goal 5 and ESEE Analyses Introduction This appendix report was prepared as part of the findings document associated with File Nos. 247 -19 -000512 -PA / 513 -TA. Deschutes County is amending the Comprehensive Plan and several chapters of the Deschutes County Code (DCC) to treat religious institutions (formally referred to as churches) and similar secular uses equally, consistent with the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). In 2018, the Land Use Board of Appeals (LUBA) issued a decision' affirming approval of a church within the Wildlife Area (WA) Combining Zone, which was affirmed without opinion by the Oregon Court of Appeals. In that decision, LUBA found the County's WA Combining Zone (Chapter 18.88) did not treat religious institutions and similar, secular uses equally. The zone conditionally allowed for certain uses such as wineries, agri-tourism and other commercial events and activities, and a living history museum, but prohibited religious institution. This unequal treatment was found to be in violation of RLUIPA, which was adopted in 2000, eight years after the adoption of the WA Combining Zone and other zoning sections. From this decision, staff is proposing to amend several sections of the DCC and Comprehensive Plan to comply with RLUIPA and ensure equal treatment of religious institutions and secular uses. Staff is proposing to amend several zoning code chapters to allow for religious institutions where other secular uses are currently allowed. DCC Chapter 18.88 is the WA combining zone, which recognizes three Goal 5 inventories: Deer Range (Migration and Winter Range Corridors), Elk Habitat and Antelope Range. Staff is also amending several districts in the Sunriver Urban Unincorporated Community (UUC) Zone (18.108) that contain Goal 5 riparian resources and their associated fish, furbearer, waterfowl, and upland game habitat. Recognizing that a religious institution is a new conflicting use in the WA combining zone and in some districts in the Sunriver UUC, Deschutes County is required to apply Goal 5 in consideration of this PAPA. The full findings document provides additional detail and background information regarding the intent of the amendments and compliance with other applicable state and local regulations outside of Statewide Land Use Planning Goal 5 - Natural Resources, Scenic and Historic Areas, and Open Spaces. Deschutes County Goal 5 Program The purpose of Goal 5 is "to protect natural resources and conserve scenic and historic areas and open spaces". Local governments, as part of the Comprehensive Planning process are required to inventory the extent, location, quality, and quantity of significant natural resources within its jurisdictional boundaries. Following this inventory, local governments then conduct an economic, social, environmental, and energy (ESEE) analysis to determine the extent to which land uses should be limited in order to adequately protect significant 1 LUBA Decision No. 2018-095 Central Oregon LandWatch v. Deschutes County and Shepherd Page 3 of 22 Appendix A: ESEE ANALYSIS resources. Following an ESEE analysis, governments then establish a program to protect significant natural resources. Deschutes County established its initial Goal 5 natural resource inventory, ESEE analyses, and protection programs between the years of 1988-1994, as part of periodic review. In reviewing this document, it's important to remember there are six policies within the Deschutes County Code and the Deschutes County Comprehensive Plan that were established through ESEEs over time and that could still limit the development of religious institutions and similar uses near inventoried Goal 5 resources. Staff finds it is important to note that the proposed amendments do not alter the following existing protections. 1) Setback Protections - 100 -foot structural setback from the ordinary high water mark of rivers or streams. 2) Scenic Protections - development near rivers in the Landscape Management Combining Zone must be reviewed for aesthetic compatibility. 3) Wetland Protections - prohibition of fill or removal of any material or wetland vegetation, regardless of the amount, within the bed and banks of any stream or river or in any wetland unless approved as a conditional use. 4) Mitigation Protections - Impacts to any wetland or riverbank impacts to be fully mitigated, as evaluated by Oregon Department of Fish and Wildlife (ODFW). 5) Flood Plain Protections - All new construction, 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 designated Flood Plain obtain a conditional use permit. 6) Combining Zone Requirements: Winter Deer Range, Antelope Range, Elk Habitat, Deer Migration Corridors, Sage Grouse Habitat Area, and Sensitive Bird and Mammal Habitat have site specific requirements including development setbacks and larger minimum lot sizes to prevent impact to sensitive species and habitat. Required Steps and Discretionary Review Local governments are required to comply with Goal 5 when a Post Acknowledge Plan Amendment (PAPA) allows a new use and the new use "could be" a conflicting use with a particular Goal 5 resource site on an acknowledged resource Iist.2 Deschutes County is amending several chapters of the Deschutes County Code (DCC) to treat religious institutions and secular uses equally, consistent with the Religious Land Use and Institutionalized Persons Act (RLUIPA). Religious institutions, like community centers or fraternal organizations, have the potential to generate high levels of public activity, noise, and habitat alteration. As this new use could potentially impact Goal 5 resources, staff is conducting an ESEE analysis exercise to identify potential consequences and protections related to the amendments. Religious institutions 2 OAR 660-023-0250(3)(b) Page 4 of 22 Appendix A: ESEE ANALYSIS will be added as a new permitted use in five zoning chapters. As shown below, only four of those zones contain Goal 5 resources and are being reviewed as part of this ESEE analysis. 18.88 WA - Wildlife Area Combining Zone 118.108.055 SUTC - Sunriver Town Center 18.108.070 SURA - Sunriver Resort Marina 18.108.080 SURG - Sunriver Resort Golf Course 18.108.100 SURN - Sunriver Resort Nature Center ESEEs are meant to be analytical tools. The content of the ESEE is discretionary and is intended to be conducted by planning staff using existing information. In utilizing this tool, there are a few steps jurisdictions must include and address in accordance with OAR 660- 023 - Procedures and Requirements for Complying with Goal 5: 1. Identify Conflicting Uses - Does the land use or activity negatively impact natural resources? 2. Determine Impact Area - What is the geographic extent to which land uses or activities adjacent to natural resources could negatively impact those resources? 3. Analyze ESEE Consequences - What are the positive and negative consequences (both for development and natural resources) of a decision to fully protect natural resources, fully allow conflicting uses, or limit conflicting uses? 4. Develop a program - How and to what extent will the natural resources be protected based on the ESEE analysis? Staff provides a response to each of these steps throughout this report. The relevant page and chapter can be found in the table of contents. Page 5 of 22 Appendix A: ESEE ANALYSIS Chapter 2: Deschutes County Goal 5 Inventory and Methodology 660-23-0030 - Inventory Goal 5 Resources Stemming from periodic review, Deschutes County has adopted inventories for a variety of Goal 5 natural resources'. Some of these resources have mapped geographic boundaries such as Deer Winter Range, whereas others are described as being located in general areas - such as furbearer habitat in riparian corridors. The inventories were produced at a countywide scale, with additional detail for the Deschutes River and its tributaries through the Deschutes County/City of Bend River Study. For this document, staff utilized Geographic Information Systems (GIS) data to map a conservative location of inventoried sites based on previous ordinances using the best available data for the following inventoried habitat that spatially overlaps with the zones impacted by the proposed text amendments: riparian areas, antelope habitat, elk habitat, deer habitat, and deer winter range. Staff utilized the County's WA combining zone layers to determine the general extent of habitat for big game species as the Combining Zone was designed to cover a larger area than the habitat itself (Ordinance 92-046). Inventoried streams and rivers are shown on the map, as well as wetland and riparian areas. The Riparian Area associated with these water bodies is also the habitat area for fish, furbearers, waterfowl, and upland game birds (Ordinance 92-041, 94-007). As the proposed text amendments are legislative and do not impact any specific properties, staff did not review Goal 5 impacts on an individual parcel level basis. Instead staff identified the following potential resources sites in which the allowance of a new religious institution could potentially intersect with Goal 5 resources: Sunriver Riparian Corridor: Staff is proposing to add religious institutions as an allowed use in the SURA, SURG, and SURN districts in the Urban Unincorporated Community of Sunriver. Ordinance 92-041, which established the County's Goal 5 inventory states "the planned community of Sunriver is located in the migration corridor. The Mule Deer Track County Study found that the frequency of deer migration in the Sunriver area was lows" The area of Sunriver was not included in the associated maps for big game in Deschutes County, nor in the WA combining zone, as the likelihood of big game traveling through this urbanized area is highly unlikely. Properties in these zoning districts are located in relative proximity to the Deschutes River and its associated Goal 5 Riparian Area - consisting of land within 100 feet of the Deschutes River's Ordinary High Water Mark (OHWM), land within a wetland as depicted on the National Wetland Inventory Map, and land that is within the Flood Plain boundary associated with the Deschutes River. These properties also contain the following inventoried Goal 5 resources that depend on Riparian Areas for habitat: fish, furbearer, waterfowl, and upland game bird habitat. 3 Attachment 2 4Attachment 1 Maps 1-3 5 Ordinance 92-041, Page 26 Page 6 of 22 Appendix A: ESEE ANALYSIS Wildlife Area Combining Zone 6: The WA combining zone was adopted as a protection measure for deer, elk, and antelope in Deschutes County. As an overlay zone, the mapped area conservatively identified typical habitat and migration areas and provides additional development requirements to ensure impacts to wildlife are properly mitigated alongside the underlying base zone (such as Rural Residential or Exclusive Farm Use) regulations. The zone encompasses all of the big game inventoried sites in Deschutes County, of which many overlap - such as Deer Winter Range and Antelope Range. The Deschutes Goal 5 inventory also includes scenic and open space sites such as Landscape Management Rivers and Streams, State Scenic Waterway and Federal Wild and Scenic Rivers, and Ecologically and Scientifically Significant Natural Areas -Little Deschutes River / Deschutes Confluence. As these are resources associated with mitigating visual impacts and do not impact development potential, they are not impacted by the proposed amendments and therefore are not reviewed in this document. Maps of these corridors are found in Attachment 1 - Inventory Site Maps. 6 Attachment 1 Map 4 Page 7 of 22 Appendix A: ESEE ANALYSIS Chapter 3: Conflicting Use Analysis 660-023-0040(2): Identify conflicting uses. Local governments shall identify conflicting uses that exist, or could occur, with regard to significant Goal resource sites. To identify these uses, local governments shall examine land uses allowed outright or conditionally within the zones applied to the resource site and in its impact area. Local governments are not required to consider allowed uses that would be unlikely to occur in the impact area because existing permanent uses occupy the site. Staff is proposing to add religious institutions as an allowed use in the SURA, SURG, and SURN districts in the Urban Unincorporated Community of Sunriver, as well as in the WA combining zone. Religious institutions could be a conflicting use to significant Goal 5 resources as they generally concentrate groups of people to a specific area for a shared activity, and can generate traffic, and noise. Other uses that are allowed in the zoning districts are shown below: Table 1: Allowed Uses • Marina • Park, playground and picnic and SURA barbecue area • Recreational path • Restaurant, bar and cocktail lounge existing as of March 31, 1998 No conditional uses. • Golf course SURG • Golf course accessory uses No conditional uses. • Recreational path • Nature center • Recreational path • Observatory • A building or buildings each not exceeding 8,000 square feet of floor space which conform with the height SURN regulations and lot requirements of No conditional uses. the RN district and house any combination of: o Restaurant and food service commonly associated with and customarily appurtenant to the uses permitted outright in the RN district. Page 8 of 22 Appendix A: ESEE ANALYSIS General Impacts of Conflicting Uses The proposed amendments would add religious institutions where they have previously not been allowed, potentially adjacent to inventoried Goal 5 resources. In reviewing the proposed amendments, staff finds that the impacts from religious institutions fall into two categories: • Concentration of Public Activity, Noise, and Light Religious institutions vary in the extent of their program, activity, and number of individuals participating. A common characteristic of religious institutions is the assembly of members or participants during designated times. This concentration of Page 9 of 22 Appendix A: ESEE ANALYSIS o Retail sales, rental and repair services commonly associated with uses permitted outright in the RN district. Uses conditionally permitted in underlying zone also permitted conditionally in WA zone excluding the following For those in deer winter range, elk, antelope habitat: • Golf course, not included in destination resort • Commercial Dog Kennel • Public/Private school • B&B • Dude Ranch • Playground, recreation facility or Uses permitted outright in underlying community center owned and WA zone also permitted outright in WA operated by a government agency or Zone. a nonprofit community organization • Timeshare unit • Vet clinic • Fishing lodge Uses permitted in the Bend/La Pine Deer Migration Corridor only: • Church • Public/Private school • Bed and breakfast inn • Playground recreation facility, or community center owned and operated by a government agency or a nonprofit community organization. General Impacts of Conflicting Uses The proposed amendments would add religious institutions where they have previously not been allowed, potentially adjacent to inventoried Goal 5 resources. In reviewing the proposed amendments, staff finds that the impacts from religious institutions fall into two categories: • Concentration of Public Activity, Noise, and Light Religious institutions vary in the extent of their program, activity, and number of individuals participating. A common characteristic of religious institutions is the assembly of members or participants during designated times. This concentration of Page 9 of 22 Appendix A: ESEE ANALYSIS individuals near Goal 5 resources cause distress to inventoried wildlife, as they seek to avoid noise and light from these activities - dependent on the hours of operation. • Habitat Alteration and Fragmentation Development of religious institutions would likely require removal of upland vegetation, grading, and soil compaction that could alter drainage and runoff patterns. This could increase peak runoff, cause bank erosion, flooding, or increase the flow of sediment into water bodies. The removal of upland vegetation could also reduce tree canopy and understory vegetation which could be utilized by fish and wildlife species, outside of their primary habitat. Staff provides greater,detail on these potential conflicts and their consequences below. Page 10 of 22 Appendix A: ESEE ANALYSIS Chapter 4: Impact Areas 660-023-0040(3): Determine the impact area. Local governments shall determine an impact area for each significant resource site. The impact area shall be drawn to include only the area in which allowed uses could adversely affect the identified resource. The impact area defines the geographic limits within which to conduct an ESEE analysis for the identified significant resource site. This step is discretionary and allows for the local jurisdiction and staff to define which areas are the most vulnerable and/or most likely to be affected by the proposed amendments. The impact area for this ESEE analysis are properties that are within the WA, SURA, SURN, and/or SURG zones and that also contain an inventoried Goal 5 resource as described above, within its property boundaries. As this ESEE is not for any specific property, but reflecting changes to the code generally, there is no individual property specific data. Properties in this impact area can be found in Attachment 2 - Impact Area Maps Impact Area Methodology To understand the impact of the proposed amendments, staff has provided a rough estimate of the number of parcels and acres, shown in Table 2 below. As a disclaimer, staff notes the WA combining zone number relates to all properties including federal land, that are partially or entirely within the WA combining zone. As the WA zone is a combining zone, the underlying designation of each individual property will determine if religious institutions are allowed. The proposed changes only remove the prohibition of religious institutions for properties in the WA zone. For instance, many Forest Use zoned properties are also within the combining zone. As the underlying zone does not allow for a religious institution, the use will still not be allowed following the proposed text changes. Table 2: Zoning of Properties in Impact Area Zone of Properties , . SURA 1 SURN 1 SURG 1 WA 15,158 TOTAL 15,161 Page 11 of 22 Appendix A: ESEE ANALYSIS Chapter 5: ESEE Analysis 660-023-0040(4): Analyze the ESEE consequences. Local governments shall analyze the ESEE consequences that could result from decisions to allow, limit, or prohibit a conflicting use. The analysis may address each of the identified conflicting uses, or it may address a group of similar conflicting uses. A local government may conduct a single analysis for two or more resource sites that are within the same area or that are similarly situated and subject to the same zoning. The local government may establish a matrix of commonly occurring conflicting uses and apply the matrix to particular resource sites in order to facilitate the analysis. A local government may conduct a single analysis for a site containing more than one significant Goal 5 resource. The ESEE analysis must consider any applicable statewide goal or acknowledged plan requirements, including the requirements of Goal S. The analyses of the ESEE consequences shall be adopted either as part of the plan or as a land use regulation. Background Staff is choosing to conduct a single analysis for all resource sites as the impacts from allowance of religious institutions could have very similar impacts to both riparian areas and fish and wildlife that depend on the riparian for their habitat, and for big game including deer, elk, and antelope. As described above, the potential impacts fall into two areas: • Concentration of Public Activity, Noise, and Light Religious institutions vary in the extent of their program, activity, and number of individuals participating. A common characteristic of religious institutions is the assembly of members or participants during designated times. This concentration of individuals near Goal 5 resources cause distress to inventoried wildlife, as they seek to avoid noise from these activities and light - dependent on the hours of operation. • Habitat Alteration and Fragmentation Development of religious institutions would likely require removal of upland vegetation, grading, and soil compaction that could alter drainage and runoff patterns. This could increase peak runoff, cause bank erosion, flooding, or increase the flow of sediment into water bodies. The removal of upland vegetation could also reduce tree canopy and understory vegetation which could be utilized by fish and wildlife species, outside of their primary habitat. This step is discretionary. The purpose of an ESEE analysis is to provide a qualitative exercise for local governments to weigh the positive and negative consequences of three scenarios in order to determine a preferred outcome. Governments may choose to use quantitative data as necessary, but are not required to gather new information or hire wildlife biologists, economists, sociologists, or energy consultants. Page 12 of 22 Appendix A: ESEE ANALYSIS ESEE Scenario Descriptions Scenario (A) - Allow the Conflicting Use In this scenario, the local government may decide that a conflicting use should be allowed fully, without any restrictions, no matter the potential impacts on the inventory site(s). In this instance, the Goal 5 rule would require the government to determine the conflicting use is of such importance compared to the site that the use should be allowed without any protections or limitations. In choosing this scenario, the local government could still use other tools to protect the inventory that are currently in place. Scenario (8) - Prohibit the Conflicting Use In this scenario, the local government may decide that the inventory site is of such importance or the conflicting use has the potential to be so detrimental to the inventory site(s), that the conflicting use should be entirely prohibited. Scenario (C) - Limit the Conflicting Use In this scenario, the local government may decide that the inventory site and the conflicting use are both important when compared to each other, and the use should be allowed with limitations to balance the impacts to the inventory site(s). Religious Institution ESEE Analysis Scenario (A) Allow the Conflicting Use In this scenario, Deschutes County would allow religious institutions in the proposed zoning districts, without any additional requirements to protect the inventoried resources. Economic Consequences: Permitting religious institutions would have positive consequences by allowing religious institutions, which are non -profits, to establish a presence in certain areas of the rural county, where they presently are not allowed, and to use land and buildings for religious purposes. Religious institutions also provide valuable contributions to communities in the areas of direct economic contributions, social services and community volunteering, education and civic skills training. Permitting religious institutions also alleviates the substantial risk that the County will be required to expend resources defending an unnecessary RLUIPA lawsuit. In a previous land use decision, Deschutes County concluded that DCC 18.88.040(B)(3)'s prohibition on "religious institutions" in the WA combining zone violates RLUIPA's Equal Terms provision because it allows nonreligious assemblies and institutions as conditional uses in the Page 13 of 22 Appendix A: ESEE ANALYSIS combining zone. LUBA and the Oregon Court of Appeals agreed. Deschutes County cannot treat religious assemblies in the WA combining zone on less favorable terms than non- religious assemblies with similar impacts on wildlife. Therefore, by not changing the code and remaining noncompliant with RLUIPA, the County could face litigation from parties seeking to establish a religious institution in the WA and Sunriver UUC zones. Allowing religious institutions could also have negative consequences based on previous testimony from the Oregon Department of Fish and Wildlife (ODFW)$. ODFW estimates that hunting and wildlife viewing contributed more than $50 million to the Deschutes County economy annually. Staff is proposing to allow religious institutions in areas of the Sunriver UUC that contain riparian areas and species that rely on the riparian area for habitat including fish, furbearers, upland game birds, and waterfowl. Allowing for religious institutions in these zones could lead to disturbance of fish and wildlife populations, which in turn could reduce income associated with wildlife viewing and hunting of these species. The WA zone contains deer migration and deer winter range habitat areas, as well as elk and antelope habitat. In some parts of the county, mule deer populations may have declined up to 70% since 2000. As a result, the Department made adjustments to hunting seasons so as not to cause additional declines through harvest. Their testimony identified other elements contributing to reductions in mule deer populations tied to human caused habitat reduction, fragmentation, and disturbance on winter range. By allowing for religious institutions in the WA combining zone, there is the potential for greater disturbance of deer populations that could continue to result in a loss of hunting and viewing revenues. Social Consequences: Permitting religious institutions, consistent with RLUIPA, would have positive consequences by preventing discrimination on the face of zoning codes and also in the highly individualized and discretionary processes of land use regulation. It is also recognized that religious institutions of all forms have long been recognized as central institutions within American life, helping to provide a sense of community and moral foundation. Quoting RLUIPA's co- sponsors, Senators Orrin Hatch and Edward Kennedy: "[tlhe right to assembly for worship is at the very core of the free exercise of religion. Religious institutions and synagogues cannot function without a physical space adequate to their needs and consistent with their theological requirements. The right to build, buy, or rent such a shape is an indispensable adjunct of the core First Amendment right to assemble for religious purposes." Those foundational values have been codified in numerous areas of both federal and state law, including the 1st Amendment of the U.S. Constitution (U.S. Const. amend. 1), the aforementioned Religious Land Use and Institutionalized Persons Act of 2000 (42 U.S.C. § 2000cc et seq.), ORS 215.441, and ORS 215.283 (as interpreted by Brentmar v. Jackson, 321 RLUIPA at 42 USC section 2000cc(b)(1) provides that: ""No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution." 8 Attachment 3 Page 14 of 22 Appendix A: ESEE ANALYSIS Or 481 900 Ptd 1030 (1995), Lane County v. Land Conservation & Dev. Comm'n, 325 Or 569, 942 P2d 278 (1997), and Young and James vs. Jackson County, 58 Or LUBA 64 (2008)) "subsection 1" uses - including "religious institutions" - are generally allowed "as of right" even in an Exclusive Farm Use zone. It could also have negative consequences based on previous testimony from ODFW due to the potential loss of wildlife habitat. Many residents, advocacy organizations, and wildlife agencies continue to express concerns regarding the loss of fish and wildlife habitat due to the region's rapid growth and development. There is a recognition that increases in human activity, especially in rural areas, displace habitat and diminish, incrementally, Deschutes County's rural character and quality of life. The proposed amendments could have negative consequences due to increased human presence and infrastructure near the inventoried Goal 5 resources, which could lead to a reduced level of access and enjoyment for recreationa lists. Environmental Consequences: In this scenario, religious institutions would be allowed without additional requirements or regulations. As stated previously, the addition of religious institutions where they previously were not allowed could present negative impacts as they have the potential to concentrate groups of people which could increase noise and light near fish and wildlife habitats, and in turn cause distress to inventoried Goal 5 species. The term religious institution is intended to be inclusive of all types of assembly and worship, so it is difficult to provide data related to average size of assemblies, traffic counts, and the extent of their activity. Development of any religious institution would likely require removal of upland vegetation, grading, and soil compaction that could alter drainage and runoff patterns. This could increase peak runoff, cause bank erosion, flooding, or increase the flow of sediment into water bodies. The removal of upland vegetation could also reduce tree canopy and understory vegetation which could be utilized by fish and wildlife species, outside of their primary habitat. Permitting religious institutions could result in further negative impacts to designated habitat for deer winter range, elk habitat and antelope range in WA combining zones. Based on testimony from ODFW, mule deer populations have declined up to 70% since 2000. Their testimony identified other elements contributing to reductions in mule deer populations tied to human caused habitat reduction, fragmentation, and disturbance on winter range As previously stated, the following Goal 5 protections established during the creation of the initial inventory would remain in place: 1) Setback Protections - 100 -foot structural setback from the ordinary high water mark of rivers or streams. 2) Scenic Protections - development near rivers in the Landscape Management Combining Zone must be reviewed for aesthetic compatibility. Page 15 of 22 Appendix A: ESEE ANALYSIS 3) Wetland Protections - prohibition of fill or removal of any material or wetland vegetation, regardless of the amount, within the bed and banks of any stream or river or in any wetland unless approved as a conditional use. 4) Mitigation Protections - Impacts to any wetland or riverbank impacts to be fully mitigated, as evaluated by Oregon Department of Fish and Wildlife (ODFW). 5) Flood Plain Protections - All new construction, 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 designated Flood Plain obtain a conditional use permit. 6) Additional Combining Zone Requirements: Winter Deer Range, Antelope Range, Elk Habitat, Deer Migration Corridors, Sage Grouse Habitat Area, and Sensitive Bird and Mammal Habitat have site specific requirements including development setbacks and larger minimum lot sizes to prevent impact to sensitive species and habitat. Staff notes that the existing protections would prevent sensitive areas from being developed when religious institutions are established in the Sunriver UUC and WA zones. Although any development where it previously did not exist will inherently alter fish and wildlife habitat, development within the Sunriver UUC is urban in nature. As the existing Goal 5 measures in place today protect riparian areas and the fish and wildlife within that habitat area, the addition of religious institutions to these zone will be neutral. Energy Consequences: As the Sunriver UUC is urban and contains communiy operated utility services 'sewer and water), access to existing electric and natural gas connections, and a maintained road system - the addition of a religious institution use is unlikely to cause any major energy consequences. Depending on the extent and reach of the religious institution's participants, there could be additional Vehicle Miles Travelled and greater congestion on county owned roads from individuals travelling to the area from other regions of Deschutes County. A potential negative consequence of the proposed amendments in the WA combining zone would be additional development in rural Deschutes County. Depending on the size of the religious institution and the scale of their activity, the institution would require additional infrastructure such as a septic tank and drainfield, road access or a driveway, electricity, and a well, in addition to energy to develop and operate. Depending on the location of the structure and the radius in which participants travel for religious institution activities, the addition of this use could lead to additional Vehicle Miles Traveled and greater congestion on county owned roads. Scenario (B) Prohibit the Conflicting Use In this scenario, Deschutes County would not change any of the current regulations surrounding religious institutions in the WA, SURA, SURN, and SURG zones Existing regulations would continue to prohibit the use. Page 16 of 22 Appendix A: ESEE ANALYSIS Economic Consequences: Prohibiting religious institutions would have negative economic consequences, as it prevents religious institutions from using their land and building for religious purposes. This would place additional cost on individuals seeking to establish religious institutions as they would continue to be limited in the area in which the use allowed. Additionally, it could place cost on individuals seeking to become a member of a religious institution as they may need to travel further to attend services and activities outside of a reasonable radius. Additionally, continuing to prohibit the use could subject Deschutes County to substantial risk of losing a federal lawsuitfor violating RLUIPA. The cost of the lawsuit would include legal fees and the potential need to pay for damages resulting from the violation. It could also have neutral consequences based on testimony from ODFW. Prohibiting religious institutions could contribute to stabilizing mule deer populations, thereby maintaining economic benefits from wildlife viewing or hunting. Wildlife viewing, hunting, and fishing experiences in Deschutes County is a major economic asset to the region. Continuing with the current regulations would prevent further habitat fragmentation and help maintain wildlife viewing, hunting, and fishing revenues in Deschutes County. Social Consequences: Prohibiting religious institutions would have negative consequences because it could be viewed as discriminating against religious institutions or other religious assemblies 1 1 T R 1 1 111 to that Compared t0 s1f7111ar Secular uses. 1 he core purpose of rcLvirA i5 w ensure u lat individua s maintain the right to religious expression by requiring jurisdictions to treat religious and secular institutions on equal terms during the land use review process. This would impact individuals and entire religious communities who feel they are not being fairly treated and are limited in their religious practice. It could also impact the quality of life for rural residents as they may have to travel greater distances or practice their religious rights outside of an organized assembly. It could also have positive consequences. Many residents express their appreciation for undisturbed landscapes because they contribute to Deschutes County's rural character and quality of life. Prohibiting religious institutions, which often can be intensive uses involving concentration of public activity, noise, and light would continue to limit disturbance to existing fish and wildlife habitats and maintain the existing quality of life in these areas. Environmental Consequences: Within the Sunriver UUC - there are a few properties that contain Goal 5 Riparian Area which is also the habitat for the Goal 5 inventoried waterfowl, upland game bird, furbearers, and fish. The WA combining zone contains Goal 5 big game elk, antelope, and deer habitat. By prohibiting religious institutions and maintaining the current status quo, these species will continue to be protected against habitat fragmentation and distress from concentrations of public activity. The environmental consequences are therefore neutral. Page 17 of 22 Appendix A: ESEE ANALYSIS Energy Consequences: Energy consumption will have neutral consequences as this scenario maintains the status quo. Development associated with religious institutions may be displaced to other areas of rural Deschutes County, which will still have demands on utilities. Scenario (C) Limit the Conflicting Use In this scenario, Deschutes County would allow religious institutions in the proposed zoning districts, with additional limitations to protect the inventoried resources, outside of existing protections. Economic Consequences: Permitting religious institutions would have positive consequences by allowing religious institutions, which are non -profits, to establish a presence in certain areas of the rural county, where they presently are not allowed, and to use land and buildings for religious purposes. Religious institutions also provide valuable contributions to communities in the areas of direct economic contributions, social services and community volunteering, education and civic skills training. Lastly, permitting religious institutions alleviates the substantial risk that the County will be required to expend resources defending an unnecessary RLUIPA lawsuit. In a previous land use decision, Deschutes County concluded that DCC 1100.800.040(13)(3)'s prohibition on "religious institutions" in the WA combining zone violates RLUIPA's Equal Terms provision because it allows nonreligious assemblies and institutions as conditional uses in the combining zone9. LUBA and the Oregon Court of Appeals agreed. Deschutes County cannot treat religious assemblies in the WA combining zone on less favorable terms than non -religious assemblies with similar impacts on wildlife. Therefore, by not changing the code and remaining noncompliance with RLUIPA, the County could face litigation from parties seeking to establish a religious institution in the WA and Sunriver UUC zones. Compared to scenario (a) in which the use would be allowed outright, the addition of limitations for the use could lessen the impact on fish and wildlife habitats by only allowing a certain square footage, limiting hours or operation, or by requiring habitat restoration measures. This could positively impact the hunting and wildlife viewing economy in central Oregon, valued at $50 million to the Deschutes County economy annually. While it could lessen impacts, the addition of any intensive use such as a religious institution could impact wildlife through the concentration of members of the public and associated noise and light impacts, which could lower the income from the recreation economy in central Oregon. 9 RLUIPA at 42 USC section 2000cc(b)(1) provides that: No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution." Page 18 of 22 Appendix A: ESEE ANALYSIS In comparison to scenario (a), which would allow the use outright, staff finds that this scenario would provide a set of limitation to reduce the amount of impacts, even if those impacts still exist. Social Consequences: The positive social consequences in this scenario are very similar to scenario (a). Permitting religious institutions, consistent with RLUIPA, would have positive consequences by preventing discrimination on the face of zoning codes and also in the highly individualized and discretionary processes of land use regulation. It is also recognized that religious institutions of all forms have long been recognized as important social organizations, helping to provide a sense of community and moral foundation. This scenario would add additional limitations for the establishment of a religious institution by only allowing a certain square footage, limiting hours of operation, or by requiring habitat restoration measures. By adding these limitations, there is still the potential that some religious institutions may be treated unfairly compared to secular uses. The limitations could prevent religious institutions and their members from being able to fully express their religious rights. Thus, a negative consequence of this scenario would be the continued unequal treatment of religious and secular uses. It could also have negative consequences based on previous testimony from ODFW due to the potential loss of wildlife habitat stemming from the possible removal of habitat areas 1 I J I. AA.. '..1.....4. - and construction of structures and their associated human presence. ice. rolany residents, advocacy organizations, and wildlife agencies continue to express concerns regarding the loss of fish and wildlife habitat due to the region's rapid growth and development. There is a recognition that increases in human activity, especially in rural areas, displace habitat and diminish, incrementally, Deschutes County's rural character and quality of life. The proposed amendments could have negative consequences due to increased human presence and infrastructure near the inventoried Goal 5 resources, which could lead to a reduced level of access and enjoyment for recreationa lists. Environmental Consequences: The addition of religious institutions where they previously were not allowed could present negative consequences as they have the potential to concentrate groups of people which could increase noise and light near fish and wildlife habitats, and in turn cause distress to inventoried Goal 5 species. The term religious institution is intended to be inclusive of all types of assembly and worship, so it is difficult to provide data related to average size of assemblies, traffic counts, and the extent of their activity. Development of any religious institution would likely require removal of upland vegetation, grading, and soil compaction that could alter drainage and runoff patterns. This could increase peak runoff, cause bank erosion, flooding, or increase the flow of sediment into water bodies. The removal of upland vegetation could also reduce tree canopy and Page 19 of 22 Appendix A: ESEE ANALYSIS understory vegetation which could be utilized by fish and wildlife species, outside of their primary habitat. Permitting religious institutions could result in further negative impacts to designated habitat for deer winter range, elk habitat and antelope range in WA combining zones. Based on testimony from ODFW, mule deer populations have declined up to 70% since 2000. Their testimony identified other elements contributing to reductions in mule deer populations tied to human caused habitat reduction, fragmentation, and disturbance on winter range Staff notes that the existing protections in place today (shown above) would prevent sensitive areas from being developed when religious institutions are established in the Sunriver UUC and WA zones. Although any development where it previously did not existwill inherently alter fish and wildlife habitat, development within the Sunriver UUC is urban in nature and the establishment of religious institutions would likely be neutral. By limiting the use and only allowing a certain square footage, limiting hours of operation, or by requiring habitat restoration measures, the negative environmental consequences associated with religious institutions could be mitigated to a certain extent. A caveat in this scenario, would be any limitations for religious institutions would need to be objective as to not further discriminate on specific types of religious institutions and types of assemblies. In implementing a "one -size -fits -all" approach, an opportunity could be missed to protected site specific Goal 5 resources. Energy Consequences: The energy consequences in this scenario are the same as in scenario (a), although a limitation on the square footage of a building and the hours of operation could decrease the amount of energy used as part of the operation of the religious institution. Page 20 of 22 Appendix A: ESEE ANALYSIS Chapter 6: ESEE Decision 660-023-0040(5): Develop a program to achieve Goal S. Local governments shall determine whether to allow, limit, or prohibit identified conflicting uses for significant resource sites. This decision shall be based upon and supported by the ESEE analysis. A decision to prohibit or limit conflicting uses protects a resource site. A decision to allow some or all conflicting uses for a particular site may also be consistent with Goal 5, provided it is supported by the ESEE analysis. One of the following determinations shall be reached with regard to conflicting uses for a significant resource site: (c) A local government may decide that the conflicting use should be allowed fully, notwithstanding the possible impacts on the resource site. The ESEE analysis must demonstrate that the conflicting use is of sufficient importance relative to the resource site, and must indicate why measures to protect the resource to some extent should not be provided, as per subsection (b) of this section. As stated in the ESEE analysis, there are a variety of positive, negative, and neutral consequences associated with each scenario. Staff finds that the issue of preserving one's right to religious practices in accordance with RLUIPA is both a social and economic issue that outweighs the other ESEE consequences. Staff considered allowing the use with limitations such as hours of operation, square footage maximums, or requiring restoration measures, but this practice could still be seen as discrimination or unequal treatment of religious institutions when compared to other uses allowed in the zoning districts. Therefore the County is choosing scenario (c) which will allow the use fully notwithstanding the possible impacts on the resource sites. ESEE Factors Support habitat Preserves Support Consistency Preserves Transportation functions Right to Recreational of Land Use Rural (Energy) (Environmental, religious Economy Regulations Character economic, practice (Economic, (Social) (Social) social) (Social, Social) economic) Prohibit conflict 0 _ 0 _ 0 0 (No change to code) Allow conflict Allow religious institutions with ♦ + - no additional requirements. Limit conflict Allow religious institutions with - 0 - - - 0 additional limitations. Page 21 of 22 Appendix A: ESEE ANALYSIS Chapter 7: Program to Achieve Goal 5 660-023-0050(1): For each resource site, local governments shall adopt comprehensive plan provisions and land use regulations to implement the decisions made pursuant to OAR 660- 023-0040(5). The plan shall describe the degree of protection intended for each significant resource site. The plan and implementing ordinances shall clearly identify those conflicting uses that are allowed and the specific standards or limitations that apply to the allowed uses. A program to achieve Goal 5 may include zoning measures that partially or fully allow conflicting uses (see OAR 660-023-0040(5)(b) and (c)). 660=023-0050(2): When a local government has decided to protect a resource site under OAR 660-023-0040(5)(b), implementing measures applied to conflicting uses on the resource site and within its impact area shall contain clear and objective standards. For purposes of this division, a standard shall be considered clear and objective if it meets any one of the following criteria: (a) It is a fixed numerical standard, such as a height limitation of 35 feet or a setback of 50 feet; (b) It is a nondiscretionary requirement, such as a requirement that grading not occur beneath the dripline of a protected tree; or... Deschutes County has determined that allowing religious institutions within the SURA, SURN and SURG zones in the Urban Unincorporated Community of Sunriver, and within the Wildlife Area Combining Zone should be allowed fully, notwithstanding the possible impacts on the inventoried resources. The implementing measures do not include alternative, discretionary procedures for compliance. Page 22 of 22 Appendix A: ESEE ANALYSIS Floodplain ti Sunriver Resort Golf Course Potentially Impacted Taxlots Sunriver Community Attachment 1, Map 1 Religious Institutions Review SURG - Zoning The SURG Zoning in the Sunriver Community would be impacted by the Floodplain Zoning of the Goal 5 Resource. Floodplain Sunriver Resort Nature Center Potentially Impacted Taxlots ` Sunriver Community Attachment 1, Map 2 Religious Institutions Review SURN - Zoning The SURN Zoning in the Sunriver Community would be impacted by the Floodplain Zoning of the Goal 5 Resource. 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N A 0) A +-' 41 E '> O) u m-0 �_ > N .0 o QU � "° a= u = u y w L C zn oz D0 O v, A L > fl. A m z z z u 0 +_O N y d tLD I V N i>' OD = .0 O p m 1 O ri A CD �4„3,� ° m .O N C zbo°. W A �,CL� a C N. d F bD Adi U, m fl O Z A N cf O 10 o y 0 U w E c M rn I O Qj C ct N 0 A y p °' �m 0 a D �o •p > N L Q) W a1 C C O .0 N L A ++ X N .a 3 y_ i G 'p O W °U N N Y> 10 O O N W m Z .6 0 S O. L �' V) 0) 0 a-1 W m A C In V N C r -I Q Q Z Q Z O Z N . ° i Z w u N C Q O 4� a O W m M t i u rn M" O OC O =3 -O O' r W Q ° y o m C a a m N O 4A V N O t0 +� + o t0 a @ �+ to L 3 o a L o Z Nom. in d d �o a Q > v p �° °"-' m CA c`r " 3 O W , (D c: O r -I Uregon Kate Brown, Governor Attachment 3 - Oregon Department of Fish and Wildlife 2017 Testimony September 22, 2017 Deschutes County Community Development Department P.O. Box 6005 117 NW Lafayette Ave Bend, OR 97708 Re: Planning Division File 247-17-000702-TA/247-17-000703-PA Department of Fish and Wildlife East Region 61374 Parrell Road Bend, Oregon 97702 (541)388-6363 FAX (541) 388-6281 The purpose of this letter is to provide Oregon Department of Fish and Wildlife (Department) comments on the proposed Deschutes County Community Development Department (CDD) amendment to the Deschutes County Comprehensive Plan, Chapter 2, Resource Management, to permit churches in the Wildlife Area Combining Zone (WA Zone). According to Deschutes County Code 18.88, the purpose of the WA Zone is "to conserve important wildlife areas in Deschutes County; to protect an important environmental, social and economic element of the area; and to permit development compatible with the protection of the wildlife resource." Much of the WA Zone is meant to conserve winter ranges for deer, elk and pronghorn. 'Thege are area.S where wilrilife conurPgate to ennserve energv when food resources "a- - - oa are scarce and temperatures are often below freezing making them particularly vulnerable to human disturbance. The Department is mandated by State Statute to manage fish and wildlife resources to prevent serious depletion of indigenous species and to provide optimum recreational and aesthetic benefits for present and future generations of the citizens of Oregon (ORS 496.012). This objective can only be realized in concert with land use provisions that benefit wildlife resources such as the Goal 5 planning process that created the WA Zone. The maintenance of adequate winter range is crucial to the persistence of big game populations which provide local ecological and economic value. The winter range protected under the WA Zone in Deschutes County is coming under increasing pressure from a growing human population. Recent census data established the Bend -Redmond area as the fastest growing metropolitan area on the west coast. That coupled with mule deer population estimates that are 40-50% of Department management objectives highlights the importance of maintaining WA Zone protections. It is outside of the Department's purview to comment on whether permitting churches in the WA Zone complies with the Religious Land Use and Institutionalized Persons Act (RLUIPA). More broadly, the proposed amendment would allow a use that the Department, the U.S. Forest Service, Bureau of Land Management, and U.S. Fish and Wildlife Service have deemed in an "Interagency Report" to be in conflict with wildlife habitat values because it "generate[s] a high level of public activity, noise, and habitat alterations, which in turn can impact large geographic spaces and alter many acres of valuable wildlife habitat" (see p21 of the 2009 "Updated Wildlife Information and Recommendations for the Deschutes County Comprehensive Plan Update"). The CDD states that mitigation for impacts associated with this amendment will be achieved by prohibiting outdoor activities during the time of year when animals are using the WA Zone. That prohibition may address animals' exposure in winter to the "high levels of public activity" and "noise" listed above. However, it does not adequately mitigate for the "habitat alterations, which in turn can impact large geographic spaces and alter many acres of valuable wildlife habitat" that will likely occur under this amendment. The habitat in the WA Zone must be conserved throughout the year so that it is available and functioning for wildlife during the winter. As mentioned above, the Department has previously agreed that churches (as well as golf courses, commercial dog kennels, schools, bed and breakfast inns, dude ranches, playgrounds, recreation facilities, community centers, timeshare units, veterinary clinics, and fishing lodges) should be among the uses not permitted in the WA Zone. Additionally, from a wildlife conservation stand point, winter range is already at risk from currently permitted uses. Therefore, it would be counter to the Department's statutory responsibility to support this amendment. We recommend that the Planning Commission reject this amendment and the CDD develop an alternative to comply with RLUIPA that will preserve the intent of the Goal 5 planning process. Thank you for the opportunity to comment. Sincerely, r Sara Gregory Wildlife Habitat Biologist Sara. c. greg_orykstate. or. us 541-388-6147 cc: Bruce Eddy, East Region Manager, ODFW Brett Hodgson, Acting Deschutes Watershed Manager, ODFW Corey Heath, Deschutes District Wildlife Biologist, ODFW regon Kate Brown, Governor November 14, 2017 Deschutes County Community Development Department P.O. Box 6005 117 NW Lafayette Ave Bend, OR 97708 Re: Planning Division File 247-17-000702-TA/247-17-000703-PA Department of Fish and Wildlife East Region 61374 Parrell Road Bend, Oregon 97702 (541)388-6363 FAX (541) 388-6281 The purpose of this letter is to provide additional Oregon Department of Fish and Wildlife (Department) comments on the revised proposed Deschutes County Community Development Department (CDD) text amendment to the Deschutes County Comprehensive Plan, Chapter 2, Resource Management, to permit churches in the Wildlife Area Combining Zone (WA Zone). The Department submitted comments objecting to the first draft of the text amendment in a letter dated September 22, 2017. As the Department does not appear in the Planning Manager's October 31, 2017 memorandum listing those who submitted written testimony, we are resubmitting our original letter with this correspondence. Please add them both to the record. As we A;---A ;--A A-4-- the November 6th "Ilblic hearing an Nl nlwr preViAlIQ 1PttPr� the T)Ptnarfmi-,nt continues to object to the proposed text amendments according to our statutory responsibility. Mule deer are the only type of deer found in Deschutes County and their populations have been in decline for decades. In some parts of the County there have been declines of up to 70% since 2000. As a result, the Department has made the necessary adjustments to hunting seasons so as not to cause additional declines through harvest. Unfortunately, there are other elements contributing to reductions in mule deer populations. Among the many factors contributing to their decline, many can be tied to human caused habitat reduction, fragmentation, and disturbance on winter range. Unlike other deer species, mule deer are more specific in their habitat needs and more sensitive to humans. Commonly mule deer exhibit migratory behavior whereby they take advantage of the variety of plants available in the mountains during the summer and then move to areas such as those in the WA Zone for the winter to escape deep snow at higher elevations. This means traveling many miles each spring and fall. Mule deer also show a strong fidelity to their migration corridors and their summer and winter ranges. They will return to the same winter range year after year. This winter range is where deer typically interact with people and associated land use. Department studies of hundreds of collared mule deer in central Oregon showed that migratory deer had a better chance of surviving than deer that did not migrate. Therefore, maintaining migratory herds is among the Department's priorities. Maintaining winter range areas that are relatively free from human disturbance is one way to improve mule deer populations. It is difficult for people to interpret stress induced behavior in mule deer because they will often remain motionless when face to face with a human instead of fleeing. However, Department studies showed a strong avoidance of people during the winter. When deer are disturbed by people, their stress levels rise, they increase their movements, and use valuable energy reserves that could make them vulnerable to increased mortality from vehicles, predators and disease among other things. In addition, other research has shown that as residential development increases, survival of mule deer fawns decreases. Low fawn survival equates to slow or negative population growth. Therefore, relying on urban development to support our mule deer populations is not a sustainable or desirable option. Through the creation for the WA Zone, Deschutes County recognized the need to preserve traditional winter habitat for mule deer. This in turn preserves open space and habitat for a variety of other species. Indeed, in protecting winter range the Goal 5 planning process has also helped to protect the scenic views and recreational opportunities that makes Deschutes County a desirable place to live and visit. The Department is concerned that the CDD's Economic, Social, Environmental, and Energy (ESEE) analysis of the proposed text amendment failed to adequately examine the value of mule deer and other wildlife. At last estimate, hunting and wildlife viewing contributed more than $50 million to the Deschutes County economy annually. There is also a social and environmental component to prioritizing wildlife habitat values that should be considered. The long term consequences of these proposed text amendments could contribute to permanent removal of hundreds of acres of wildlife habitat as the WA Zone would be vulnerable to the construction of very large structures and their associated human presence. This could further compromise the future of healthy functioning mule deer herds in Deschutes County. The Department requests a revised ESEE analysis that recognizes the wildlife values that could be impacted by these text amendments. Finally, the Department would like the language on Packet Page 22 revised to remove the statement that these text amendments were developed in coordination with the Oregon Department of Fish and Wildlife. While Department staff appreciate the positive working relationship we have with CDD staff and hope to collaborate on future projects, in this case, we were not able to come to an agreement. Thank you for considering these comments. If you have any questions please contact me. Sincerely, Sara Gregory Wildlife Habitat Biologist sara.c. gregory(a) state. or.us 541-388-6147 cc: Bruce Eddy, East Region Manager, ODFW Michael Harrington, Deschutes Watershed Manager, ODFW Corey Heath, Deschutes District Wildlife Biologist, ODFW Appendix A: ESEE Analysis Document to File Nos. 247 -19 -000512 -PA / 513 -TA Deschutes County Community Development October 28, 2019 Page 1 of 22 Appendix A: ESEE ANALYSIS Table of Contents Chapter 1: Overview of Goal 5 and ESEE Analyses.........................................3 Chapter 2: Deschutes County Goal 5 Inventory and Methodology.............6 Chapter 3: Conflicting Use Analysis..................................................................8 Chapter 4: Impact Areas...................................................................................11 Chapter 5: ESEE Analysis..................................................................................12 Chapter6: ESEE Decision..................................................................................21 Chapter 7: Program to Achieve Goal 5...........................................................22 References Attachment 1 - Inventory Site Maps Attachment 2 - Deschutes County Goal 5 Inventory Summary Table Attachment 3 - Oregon Department of Fish and Wildlife Testimony 2017 Page 2 of 22 Appendix A: ESEE ANALYSIS Chapter 1: Overview of Goal 5 and ESEE Analyses Introduction This appendix report was prepared as part of the findings document associated with File Nos. 247 -19 -000512 -PA / 513 -TA. Deschutes County is amending the Comprehensive Plan and several chapters of the Deschutes County Code (DCC) to treat religious institutions (formally referred to as churches) and similar secular uses equally, consistent with the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). In 2018, the Land Use Board of Appeals (LUBA) issued a decision' affirming approval of a church within the Wildlife Area (WA) Combining Zone, which was affirmed without opinion by the Oregon Court of Appeals. In that decision, LUBA found the County's WA Combining Zone (Chapter 18.88) did not treat religious institutions and similar secular uses equally. The zone conditionally allowed for certain uses such as wineries, living history museums, and agri-tourism and other commercial events and activities, but prohibited religious institutions. This unequal treatment was found to be in violation of RLUIPA, likely as RLUIPA was adopted more than eight years after the adoption of the WA Combining Zone and other zoning sections. From this decision, staff is proposing to amend several sections of the DCC and Comprehensive Plan to comply with RLUIPA and ensure equal treatment of religious institutions and secular uses. Ctaff .-.is nrnnrinb to amanl cavaral 7nninoa mrlP rhanters to allow for religious institutions 1ur..n.--._.---- -- --.I- ---- -- - ---- -- -- -- where other secular uses are currently allowed. DCC Chapter 18.88 is the WA combining zone, which recognizes three Goal 5 inventories: Deer Winter Range, Elk Habitat and Antelope Range. The Deer Migration Range portion of the WA Zone currently allows religious institutions and will not be altered by the proposed amendments. Staff is also amending several districts in the Sunriver Urban Unincorporated Community (UUC) Zone (18.108) that contain Goal 5 riparian resources and their associated fish, furbearer, waterfowl, and upland game habitat. Recognizing that a religious institution is a new conflicting use in portions of the WA combining zone and in some districts in the Sunriver UUC, Deschutes County is required to apply Goal 5 in consideration of this PAPA. The full findings document provides additional detail and background information regarding the intent of the amendments and compliance with other applicable state and local regulations outside of Statewide Land Use Planning Goal 5 - Natural Resources, Scenic and Historic Areas, and Open Spaces. Deschutes County Goal 5 Program The purpose of Goal 5 is "to protect natural resources and conserve scenic and historic areas and open spaces". Local governments, as part of the Comprehensive Planning process are required to inventory the extent, location, quality, and quantity of significant natural resources within its jurisdictional boundaries. Following this inventory, local governments then conduct an economic, social, environmental, and energy (ESEE) analysis to determine ' LUBA Decision No. 2018-095 Central Oregon LanclWatch v. Deschutes County and Shepherd Page 3 of 22 Appendix A: ESEE ANALYSIS the extent to which land uses should be limited in order to adequately protect significant resources. Following an ESEE analysis, governments then establish a program to protect significant natural resources. Deschutes County established its initial Goal 5 natural resource inventory, ESEE analyses, and protection programs between the years of 1988-1994, as part of periodic review. In reviewing this document, it's important to remember there are six policies within the Deschutes County Code and the Deschutes County Comprehensive Plan that were established through ESEEs over time and that could still limit the development of religious institutions and similar uses near inventoried Goal 5 resources. Staff finds it is important to note that the proposed amendments do not alter the following existing protections. 1) Setback Protections - 100 -foot structural setback from the ordinary high water mark of rivers or streams. 2) Scenic Protections - development near rivers in the Landscape Management Combining Zone must be reviewed for aesthetic compatibility. 3) Wetland Protections - prohibition of fill or removal of any material or wetland vegetation, regardless of the amount, within the bed and banks of any stream or river or in any wetland unless approved as a conditional use. 4) Mitigation Protections - Impacts to any wetland or riverbank impacts to be fully mitigated, as evaluated by Oregon Department of Fish and Wildlife (ODFW). 5) Flood Plain Protections - All new construction, expansion or substantial improvement of an existing dweiiiiig, ail agr iciaitLirai related structure, a commercial, industrial or other non-residential structure, or an accessory building in a designated Flood Plain obtain a conditional use permit. 6) Combining Zone Requirements: Winter Deer Range, Antelope Range, Elk Habitat, Deer Migration Corridors, Sage Grouse Habitat Area, and Sensitive Bird and Mammal Habitat have site specific requirements including development setbacks and larger minimum lot sizes to prevent impact to sensitive species and habitat. Required Steps and Discretionary Review Local governments are required to comply with Goal 5 when a Post Acknowledge Plan Amendment (PAPA) allows a new use and the new use "could be" a conflicting use with a particular Goal 5 resource site on an acknowledged resource list.z Deschutes County is amending several chapters of the Deschutes County Code (DCC) to treat religious institutions and secular uses equally, consistent with the Religious Land Use and Institutionalized Persons Act (RLUIPA). Religious institutions, like community centers or fraternal organizations, have the potential to generate high levels of public activity, noise, and habitat alteration. As this new use could potentially impact Goal 5 resources, staff is conducting an ESEE analysis exercise to identify 2 OAR 660-023-0250(3)(b) Page 4 of 22 Appendix A: ESEE ANALYSIS potential consequences and protections related to the amendments. Religious institutions will be added as a new permitted use in five zoning chapters. As shown below, only four of those zones contain Goal 5 resources and are being reviewed as part of this ESEE analysis. 18.88 WA - Wildlife Area Combining Zone 118,108.055 SUTC - Sunriver Town Center 18.108.070 SURA - Sunriver Resort Marina 18.108.080 SURG - Sunriver Resort Golf Course 18.108.100 SURN - Sunriver Resort Nature Center ESEEs are meant to be analytical tools. The content of the ESEE is discretionary and is intended to be conducted by planning staff using existing information. The ESEE is not meant to be a full environmental review such as an Environmental Impact Statement (EIS) or National Environmental Policy Act (NEPA), rather Goal 5 explains "the ESEE analysis need not �. lengthy �1_.. L_.. should .. L.I.. t.. clear .-,�-1nrrl-� I1U 11 ii5 of I- oe lengthy or complex, but s ould enable reviewers to gains a clear u� de st-U iui� ff ^ conflicts and the consequences to be expected' . In utilizing this analytical tool, there are a few steps jurisdictions must include and address in accordance with OAR 660-023 - Procedures and Requirements for Complying with Goal 5: 1. Identify Conflicting Uses - Does the land use or activity negatively impact natural resources? 2. Determine Impact Area - What is the geographic extent to which land uses or activities adjacent to natural resources could negatively impact those resources? 3. Analyze ESEE Consequences - What are the positive and negative consequences (both for development and natural resources) of a decision to fully protect natural resources, fully allow conflicting uses, or limit conflicting uses? 4. Develop a program - How and to what extent will the natural resources be protected based on the ESEE analysis? Staff provides a response to each of these steps throughout this report. The relevant page and chapter can be found in the table of contents. 3 OAR 660-023-0040(1) Page 5 of 22 Appendix A: ESEE ANALYSIS Chapter 2: Deschutes County Goal 5 Inventory and Methodology 660-23-0030 - Inventory Goal 5 Resources Stemming from periodic review, Deschutes County has adopted inventories for a variety of Goal 5 natural resources'. Some of these resources have mapped geographic boundaries such as Deer Winter Range, whereas others are described as being located in general areas - such as furbearer habitat in riparian corridors. The inventories were produced at a countywide scale, with additional detail for the Deschutes River and its tributaries through the Deschutes County/City of Bend River Study. County staff had previously digitized these habitat boundaries into Geographic Information Systems (GIS) shapefiles. The shapefiles were created from hard copy maps and descriptions found in the ordinances establishing the County's Goal 5 program, in consultation with Oregon Department of Fish and Wildlife. Maps provided in this document include inventoried habitat that spatially overlaps with the zones impacted bythe proposed text amendments. The habitat areas include: riparian areas, antelope habitat, elk habitat, deer habitat, and deer winter range. Staff utilized the County's WA combining zone layers to determine the general extent of habitat for big game species as the Combining Zone was designed to cover a larger area than the habitat itself (Ordinance 92-046). Inventoried streams and rivers are shown on the map, as well as wetland and riparian areas. The Riparian Area associated with these water bodies is also the habitat area for fish, furbearers, waterfowl, and upland game birds (Ordinance 92-041, 94-007). As the proposed text amendments are legislative and do not impact any specific properties, staff did not review Goal 5 impacts on an individual parcel level basis. Instead staff identified the following potential resources sites in which the allowance of a new religious institution could potentially intersect with Goal 5 resources: Sunriver Riparian Corridor': Staff is proposing to add religious institutions as an allowed use in the SURA, SURG, and SURN districts in the Urban Unincorporated Community of Sunriver. Ordinance 92-041, which established the County's Goal 5 inventory states "the planned community of Sunriver is located in the migration corridor. The Mule Deer Track County Study found that the frequency of deer migration in the Sunriver area was low'': The area of Sunriver was not included in the associated maps for big game in Deschutes County, nor in the WA combining zone, as the likelihood of big game traveling through this urbanized area is highly unlikely. Properties in these zoning districts are located in relative proximity to the Deschutes River and its associated Goal 5 Riparian Area - consisting of land within 100 feet of the Deschutes River's Ordinary High Water Mark (OHWM), land within a wetland as depicted on the National Wetland Inventory Map, and land that is within the Flood Plain boundary associated with the Deschutes River. Ordinance 92-041 stated the following additional Goal 5 resources depend on riparian corridors for habitat: furbearer, waterfowl, and upland game bird habitat. As the extent 4Attachment 2 5 Attachment 1 Maps 1-3 6 Ordinance 92-041, Page 26 Page 6 of 22 Appendix A: ESEE ANALYSIS of the habitat locations for these species are not detailed in a boundary description or on a map, staff assumes the species habitat is found entirely inside the Riparian Area boundary shown on the attached GIS maps. Wildlife Area Combining Zone': The WA combining zone was adopted as a protection measure for deer, elk, and antelope in Deschutes County. As an overlay zone, the mapped area conservatively identified typical habitat and migration areas and provides additional development requirements to ensure impacts to wildlife are properly mitigated alongside the underlying base zone (such as Rural Residential or Exclusive Farm Use) regulations. The zone encompasses the previously inventoried area for Deer Winter Range, Significant Elk Habitat, and Antelope Range. As the proposed amendments remove a prohibition on only three subzones of this Combining Zone area (deer winter range, significant elk habitat, and antelope range), only these subzones are shown on the attached map. Deer migration range has been excluded, as religious institutions are already currently allowed in these areas. The Deschutes County Goal 5 inventory also includes scenic and open space sites such as Landscape Management Rivers and Streams, State Scenic Waterway and Federal Wild and Scenic Rivers, and Ecologically and Scientifically Significant Natural Areas -Little Deschutes River / Deschutes Confluence. As these are resources associated with mitigating visual impacts and do not impact development potential, they are not impacted by the proposed amendments and therefore are not reviewed in this document. Maps of these corridors are found in Attachment 1 - Inventory Site Maps. Attachment 1 Map 4 Page 7 of 22 Appendix A: ESEE ANALYSIS Chapter 3: Conflicting Use Analysis 660-023-0040(2): Identify conflicting uses. Local governments shall identify conflicting uses that exist, or could occur, with regard to significant Goal resource sites. To identify these uses, local governments shall examine land uses allowed outright or conditionally within the zones applied to the resource site and in its impact area. Local governments are not required to consider allowed uses that would be unlikely to occur in the impact area because existing permanent uses occupy the site. Staff is proposing to add religious institutions as an allowed use in the SURA, SURG, and SURN districts in the Urban Unincorporated Community of Sunriver, as well as in the WA combining zone. Religious institutions could be a conflicting use to significant Goal 5 resources as they generally concentrate groups of people to a specific area for a shared activity, and can generate traffic, and noise. Other uses that are allowed in the zoning districts are shown below: Table 1: Allowed Uses • Marina Park nlavgmimrl anri nirnir and , r,....) .,. r,.... .. SURA barbecue area • Recreational path • Restaurant, bar and cocktail lounge existing as of March 31, 1998 No conditional uses. • Golf course SURG • Golf course accessory uses No conditional uses. • Recreational path • Nature center • Recreational path • Observatory • A building or buildings each not exceeding 8,000 square feet of floor space which conform with the height SURN regulations and lot requirements of No conditional uses. the RN district and house any combination of: o Restaurant and food service commonly associated with and customarily appurtenant to the uses permitted outright in the RN district. Page 8 of 22 Appendix A: ESEE ANALYSIS General Impacts of Conflicting Uses The proposed amendments would add religious institutions where they have previously not been allowed, potentially adjacentto inventoried Goal 5 resources. As part of the ESEE review "a local government may conduct a single analysis for two or more resource sites that are within the same area or that are similarly situated and subject to the same zoning//8. In reviewing the proposed amendments, staff finds that the impacts for religious institutions in the Sunriver UUC and WA Zone are of such a similar nature that the impacts for the two areas may be reviewed together via the general impacts described below. 8 OAR 660-023-0040(4) Page 9 of 22 Appendix A: ESEE ANALYSIS o Retail sales, rental and repair services commonly associated with uses permitted outright in the RN district. Uses conditionally permitted in underlying zone also permitted conditionally in WA zone excluding the following For those in deer winter range, elk, antelope habitat: • Golf course, not included in destination resort • Commercial Dog Kennel • Public/Private school • B&B • Dude Ranch • Playground, recreation facility or Uses permitted outright in underlying community center owned and WA zone also permitted outright in WA operated by a government agency or Zone. a nonprofit community organization • Timeshare unit • Vet clinic • Fishing lodge u_J in the'end/1 a Iline uses perniiueu 1 11 oeiiui�a rine Deer Migration Corridor only: • Church • Public/Private school • Bed and breakfast inn • Playground recreation facility, or community center owned and operated by a government agency or a nonprofit community organization. General Impacts of Conflicting Uses The proposed amendments would add religious institutions where they have previously not been allowed, potentially adjacentto inventoried Goal 5 resources. As part of the ESEE review "a local government may conduct a single analysis for two or more resource sites that are within the same area or that are similarly situated and subject to the same zoning//8. In reviewing the proposed amendments, staff finds that the impacts for religious institutions in the Sunriver UUC and WA Zone are of such a similar nature that the impacts for the two areas may be reviewed together via the general impacts described below. 8 OAR 660-023-0040(4) Page 9 of 22 Appendix A: ESEE ANALYSIS • Concentration of Public Activity, Noise, and Light Religious institutions vary in the extent of their program, activity, and number of individuals participating. A common characteristic of religious institutions is the assembly of members or participants during designated times. This concentration of individuals near Goal 5 resources causes distress to inventoried wildlife, as they seek to avoid noise and light from these activities - dependent on the hours of operation. Habitat Removal Development of religious institutions would likely require removal of upland vegetation, grading, and soil compaction that could alter drainage and runoff patterns. This could increase peak runoff, cause bank erosion, flooding, or increase the flow of sediment into water bodies. The removal of upland vegetation could also reduce tree canopy and understory vegetation which could be utilized by fish and wildlife species, outside of their primary habitat. • Introduction of Invasive, Nonnative Plants In response to the application, Oregon Department of Fish and Wildlife submitted concerns regarding the spread of invasive, nonnative plants. ODFW staff finds that nay ground disturbance would likely result in the spread of invasive, nonnative plants that could replace and degrade native vegetation of which many species depend. • Habitat Fragmentation Additional human development will likely result in fences, roads, traffic and other barriers to the movement of terrestrial wildlife that is critical to their survival. Staff provides greater detail on these potential conflicts and their consequences below. Page 10 of 22 Appendix A: ESEE ANALYSIS Chapter 4: Impact Areas 660-023-0040(3): Determine the impact area. Local governments shall determine an impact area for each significant resource site. The impact area shall be drawn to include only the area in which allowed uses could adversely affect the identified resource. The impact area defines the geographic limits within which to conduct an ESEE analysis for the identified significant resource site. This step is discretionary and allows for the local jurisdiction and staff to define which areas are the most vulnerable and/or most likely to be affected by the proposed amendments. The impact area for this ESEE analysis are properties that are within the WA, SURA, SURN, and/or SURG zones and that also contain an inventoried Goal 5 resource as described above, within its property boundaries. As this ESEE is not for any specific property, but reflecting changes to the code generally, there is no individual property specific data. Properties in this impact area can be found in Attachment 2 - Impact Area Maps Impact Area Methodology To understand the impact of the proposed amendments, staff has provided a rough estimate of the number of parcels and acres, shown in Table 2 below. As a disclaimer, staff notes the WA combining zone number relates to all properties including federal land, that are partially or entirely within the WA combining zone. As the WA zone is a combining zone, the underlying designation of each individual property will determine if religious institutions are allowed. The proposed changes only remove the prohibition of religious institutions for properties in the WA zone. For instance, many Forest Use zoned properties are also within the combining zone. As the underlying zone does not allow for a religious institution, the use will still not be allowed following the proposed text changes. Table 2: Zoning of Properties in Impact Area Zone' # of Private Properties SURA 1 SURN 1 SURG 1 WA 3,213 TOTAL 3,216 Page 11 of 22 Appendix A: ESEE ANALYSIS Chapter 5: ESEE Analysis 660-023-0040(4): Analyze the ESEE consequences. Local governments shall analyze the ESEE consequences that could result from decisions to allow, limit, or prohibit a conflicting use. The analysis may address each of the identified conflicting uses, or it may address a group of similar conflicting uses. A local government may conduct a single analysis for two or more resource sites that are within the same area or that are similarly situated and subject to the same zoning. The local government may establish a matrix of commonly occurring conflicting uses and apply the matrix to particular resource sites in order to facilitate the analysis. A local government may conduct a single analysis for a site containing more than one significant Goal 5 resource. The ESEE analysis must consider any applicable statewide goal or acknowledged plan requirements, including the requirements of Goal S. The analyses of the ESEE consequences shall be adopted either as part of the plan or as a land use regulation. Background Staff is choosing to conduct a single analysis for all resource sites as the impacts from allowance of religious institutions could have very similar impacts to both riparian areas and fish and wildlife that depend on the riparian for their habitat, and for big game including deer, elk, and antelope. As described above, the potential impacts fall into four general areas: • Concentration of Public Activity, Noise, and Light Religious institutions vary in the extent of their program, activity, and number of individuals participating. A common characteristic of religious institutions is the assembly of members or participants during designated times. This concentration of individuals near Goal 5 resources causes distress to inventoried wildlife, as they seek to avoid noise and light from these activities - dependent on the hours of operation. • Habitat Removal Development of religious institutions would likely require removal of upland vegetation, grading, and soil compaction that could alter drainage and runoff patterns. This could increase peak runoff, cause bank erosion, flooding, or increase the flow of sediment into water bodies. The removal of upland vegetation could also reduce tree canopy and understory vegetation which could be utilized by fish and wildlife species, outside of their primary habitat. • Introduction of Invasive, Nonnative Plants In response to the application, Oregon Department of Fish and Wildlife submitted concerns regarding the spread of invasive, nonnative plants. ODFW staff finds that nay ground disturbance would likely result in the spread of invasive, nonnative plants that could replace and degrade native vegetation of which many species depend. Page 12 of 22 Appendix A: ESEE ANALYSIS • Habitat Fragmentation Additional human development will likely result in fences, roads, traffic and other barriers to the movement of terrestrial wildlife that is critical to their survival. This step is discretionary. The purpose of an ESEE analysis is to provide a qualitative exercise for local governments to weigh the positive and negative consequences of three scenarios in order to determine a preferred outcome. Governments may choose to use quantitative data as necessary, but are not required to gather new information or hire wildlife biologists, economists, sociologists, or energy consultants. ESEE Scenario Descriptions Scenario (A) - Allow the Conflicting Use In this scenario, the local government may decide that a conflicting use should be allowed fully, without any restrictions, no matter the potential impacts on the inventory site(s). In this instance, the Goal 5 rule would require the government to determine the conflicting use is of such importance compared to the site that the use should be allowed without any protections or limitations. In choosing this scenario, the local government could still use other tools to protect the inventory that are currently in place. Scenario (e) - Prohibit the Conflicting Use In this scenario, the local government may decide that the inventory site is of such importance or the conflicting use has the potential to be so detrimental to the inventory site(s), that the conflicting use should be entirely prohibited. Scenario (C) - Limit the Conflicting Use In this scenario, the local government may decide that the inventory site and the conflicting use are both important when compared to each other, and the use should be allowed with limitations to balance the impacts to the inventory site(s). Religious Institution ESEE Analysis Scenario (A) Allow the Conflicting Use In this scenario, Deschutes County would allow religious institutions in the proposed zoning districts, without any additional requirements to protect the inventoried resources. Economic Consequences: Permitting religious institutions would have positive consequences by allowing religious institutions, which are non -profits, to establish a presence in certain areas of the rural county, where they presently are not allowed, and to use land and buildings for religious purposes. Religious institutions also provide valuable contributions to communities in the Page 13 of 22 Appendix A: ESEE ANALYSIS areas of direct economic contributions, social services and community volunteering, education and civic skills training. Permitting religious institutions also alleviates the substantial risk that the County will be required to expend resources defending an unnecessary RLUIPA lawsuit. In a previous land use decision, Deschutes County concluded that DCC 18.88.040(B)(3)'s prohibition on "religious institutions" in the WA combining zone violates RLUIPA's Equal Terms provision because it allows nonreligious assemblies and institutions as conditional uses in the combining zone9. LUBA and the Oregon Court of Appeals agreed. Deschutes County cannot treat religious assemblies in the WA combining zone on less favorable terms than non- religious assemblies with similar impacts on wildlife. Therefore, by not changing the code and remaining noncompliant with RLUIPA, the County could face litigation from parties seeking to establish a religious institution in the WA and Sunriver UUC zones. Allowing religious institutions could also have negative consequences based on previous testimony from the Oregon Department of Fish and Wildlife (ODFW)10. ODFW estimates that hunting and wildlife viewing contributed more than $50 million to the Deschutes County economy annually. Staff is proposing to allow religious institutions in areas of the Sunriver UUC that contain riparian areas and species that rely on the riparian area for habitat including fish, furbearers, upland game birds, and waterfowl. Allowing for religious institutions in these zones could lead to disturbance of fish and wildlife populations, which in turn could reduce income associated with wildlife viewing and hunting of these species. The WA zone contains deer migration and deer winter range habitat areas, as well as elk and antelope habitat. In some parts of the county, mule deer populations may have declined up to 70% since 2000. As a result, the Department made adjustments to hunting seasons so as not to cause additional declines through harvest. Their testimony identified other elements contributing to reductions in mule deer populations tied to human caused habitat reduction, fragmentation, and disturbance on winter range. By allowing for religious institutions in the WA combining zone, there is the potential for greater disturbance of deer populations that could continue to result in a loss of hunting and viewing revenues. Social Consequences: Permitting religious institutions, consistent with RLUIPA, would have positive consequences by preventing discrimination on the face of zoning codes and also in the highly individualized and discretionary processes of land use regulation. It is also recognized that religious institutions of all forms have long been recognized as central institutions within American life, helping to provide a sense of community and moral foundation. Quoting RLUIPA's co- sponsors, Senators Orrin Hatch and Edward Kennedy: "[tlhe right to assembly for worship is 9 RLUIPA at 42 USC section 2000cc(b)(1) provides that: No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution." 10 Attachment 3 Page 14 of 22 Appendix A: ESEE ANALYSIS at the very core of the free exercise of religion. Religious institutions and synagogues cannot function without a physical space adequate to their needs and consistent with their theological requirements. The right to build, buy, or rent such a shape is an indispensable adjunct of the core First Amendment right to assemble for religious purposes." Those foundational values have been codified in numerous areas of both federal and state law, including the 1st Amendment of the U.S. Constitution (U.S. Const. amend. 1), the aforementioned Religious Land Use and Institutionalized Persons Act of 2000 (42 U.S.C. § 2000cc et seq.), ORS 215.441, and ORS 215.283 (as interpreted by Brentmar v. Jackson, 321 Or 481 900 Ptd 1030 (1995), Lane County v. Land Conservation & Dev. Comm'n, 325 Or 569, 942 Ptd 278 (1997), and Young and James vs. Jackson County, 58 Or LUBA 64 (2008)) "subsection 1" uses - including "religious institutions" - are generally allowed "as of right" even in an Exclusive Farm Use zone. It could also have negative consequences based on previous testimony from ODFW due to the potential loss of wildlife habitat. Many residents, advocacy organizations, and wildlife agencies continue to express concerns regarding the loss of fish and wildlife habitat due to the region's rapid growth and development. There is a recognition that increases in human activity, especially in rural areas, displace habitat and diminish, incrementally, Deschutes County's rural character and quality of life. The proposed amendments could have negative consequences due to increased human presence and infrastructure near the inventoried Goal 5 resources, which could lead to a reduced level of access and enjoyment for recreationalists. Environmental Consequences: In this scenario, religious institutions would be allowed without additional requirements or regulations. As stated previously, the addition of religious institutions where they previously were not allowed could present negative impacts as they have the potential to concentrate groups of people which could increase noise and light near fish and wildlife habitats, and in turn cause distress to inventoried Goal 5 species. The term religious institution is intended to be inclusive of all types of assembly and worship, so it is difficult to provide data related to average size of assemblies, traffic counts, and the extent of their activity. Development of any religious institution would likely require removal of upland vegetation, grading, and soil compaction that could alter drainage and runoff patterns. This could increase peak runoff, cause bank erosion, flooding, or increase the flow of sediment into water bodies. The removal of upland vegetation could also reduce tree canopy and understory vegetation which could be utilized by fish and wildlife species, outside of their primary habitat. Permitting religious institutions could result in further negative impacts to designated habitat for deer winter range, elk habitat and antelope range in WA combining zones. Based on testimony from ODFW, mule deer populations have declined up to 70% since 2000. Their testimony identified other elements contributing to reductions in mule deer populations tied to human caused habitat reduction, fragmentation, and disturbance on winter range Page 15 of 22 Appendix A: ESEE ANALYSIS As previously stated, the following Goal 5 protections established during the creation of the initial inventory would remain in place: 1) Setback Protections - 100 -foot structural setback from the ordinary high water mark of rivers or streams. 2) Scenic Protections - development near rivers in the Landscape Management Combining Zone must be reviewed for aesthetic compatibility. 3) Wetland Protections - prohibition of fill or removal of any material or wetland vegetation, regardless of the amount, within the bed and banks of any stream or river or in any wetland unless approved as a conditional use. 4) Mitigation Protections - Impacts to any wetland or riverbank impacts to be fully mitigated, as evaluated by Oregon Department of Fish and Wildlife (ODFW). 5) Flood Plain Protections - All new construction, 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 designated Flood Plain obtain a conditional use permit. 6) Additional Combining Zone Requirements: Winter Deer Range, Antelope Range, Elk Habitat, Deer Migration Corridors, Sage Grouse Habitat Area, and Sensitive Bird and Mammal Habitat have site specific requirements including development setbacks and larger minimum lot sizes to prevent impact to sensitive species and habitat. Staff notes that the existing protections would prevent sensitive areas from being developed _��:_�_r ai r, i n i� .A IATA Al+ -o gh when religious institutions are established in I the �unlriver luu� and vvr% zones. /11U ��u�11 any development where it previously did not exist will inherently alter fish and wildlife habitat, development within the Sunriver UUC is urban in nature. As the existing Goal 5 measures in place today protect riparian areas and the fish and wildlife within that habitat area, the addition of religious institutions to these zone will be neutral. Energy Consequences: As the Sunriver UUC is urban and contains community operated utility services (sewer and water), access to existing electric and natural gas connections, and a maintained road system - the addition of a religious institution use is unlikely to cause any major energy consequences. Depending on the extent and reach of the religious institution's participants, there could be additional Vehicle Miles Travelled and greater congestion on county owned roads from individuals travelling to the area from other regions of Deschutes County. A potential negative consequence of the proposed amendments in the WA combining zone would be additional development in rural Deschutes County. Depending on the size of the religious institution and the scale of their activity, the institution would require additional infrastructure such as a septic tank and drainfield, road access or a driveway, electricity, and a well, in addition to energy to develop and operate. Depending on the location of the structure and the radius in which participants travel for religious institution activities, the Page 16 of 22 Appendix A: ESEE ANALYSIS addition of this use could lead to additional Vehicle Miles Traveled and greater congestion on county owned roads. Scenario (B) Prohibit the Conflicting Use In this scenario, Deschutes County would not change any of the current regulations surrounding religious institutions in the WA, SURA, SURN, and SURG zones Existing regulations would continue to prohibit the use. Economic Consequences: Prohibiting religious institutions would have negative economic consequences, as it prevents religious institutions from using their land and building for religious purposes. This would place additional cost on individuals seeking to establish religious institutions as they would continue to be limited in the area in which the use allowed. Additionally, it could place cost on individuals seeking to become a member of a religious institution as they may need to travel further to attend services and activities outside of a reasonable radius. Additionally, continuing to prohibit the use could subject Deschutes County to substantial risk of losing a federal lawsuit forviolating RLUIPA. The cost of the lawsuit would include legal fees and the potential need to pay for damages resulting from the violation. It could also have neutral consequences based on testimony from ODFW. Prohibiting religious institutions could contribute to stabiiizing mule deer popuiaudns, LnereUy maintaining economic benefits from wildlife viewing or hunting. Wildlife viewing, hunting, and fishing experiences in Deschutes County is a major economic asset to the region. Continuing with the current regulations would prevent further habitat fragmentation and help maintain wildlife viewing, hunting, and fishing revenues in Deschutes County. Social Consequences: Prohibiting religious institutions would have negative consequences because it could be viewed as discriminating against religious institutions or other religious assemblies compared to similar secular uses. The core purpose of RLUIPA is to ensure that individuals maintain the right to religious expression by requiring jurisdictions to treat religious and secular institutions on equal terms during the land use review process. This would impact individuals and entire religious communities who feel they are not being fairly treated and are limited in their religious practice. It could also impact the quality of life for rural residents as they may have to travel greater distances or practice their religious rights outside of an organized assembly. It could also have positive consequences. Many residents express their appreciation for undisturbed landscapes because they contribute to Deschutes County's rural character and quality of life. Prohibiting religious institutions, which often can be intensive uses involving Page 17 of 22 Appendix A: ESEE ANALYSIS concentration of public activity, noise, and light would continue to limit disturbance to existing fish and wildlife habitats and maintain the existing quality of life in these areas. Environmental Consequences: Within the Sunriver UUC - there are a few properties that contain Goal 5 Riparian Area which is also the habitat for the Goal 5 inventoried waterfowl, upland game bird, furbearers, and fish. The WA combining zone contains Goal 5 big game elk, antelope, and deer habitat. By prohibiting religious institutions and maintaining the current status quo, these species will continue to be protected against habitat fragmentation and distress from concentrations of public activity. The environmental consequences are therefore neutral. Energy Consequences: Energy consumption will have neutral consequences as this scenario maintains the status quo. Development associated with religious institutions may be displaced to other areas of rural Deschutes County, which will still have demands on utilities. Scenario (C) Limit the Conflicting Use In this scenario, Deschutes County would allow religious institutions in the proposed zoning districts, with additional limitations to protect the inventoried resources, outside of existing protections. Consequences. Permitting religious institutions would have positive consequences by allowing religious institutions, which are non -profits, to establish a presence in certain areas of the rural county, where they presently are not allowed, and to use land and buildings for religious purposes. Religious institutions also provide valuable contributions to communities in the areas of direct economic contributions, social services and community volunteering, education and civic skills training. Lastly, permitting religious institutions alleviates the substantial risk that the County will be required to expend resources defending an unnecessary RLUIPA lawsuit. In a previous land use decision, Deschutes County concluded that DCC 18.88.040(B)(3)'s prohibition on "religious institutions" in the WA combining zone violates RLUIPA's Equal Terms provision because it allows nonreligious assemblies and institutions as conditional uses in the combining zone". LUBA and the Oregon Court of Appeals agreed. Deschutes County cannot treat religious assemblies in the WA combining zone on less favorable terms than non -religious assemblies with similar impacts on wildlife. Therefore, by not changing the code and remaining noncompliance with RLUIPA, the County could face litigation from parties seeking to establish a religious institution in the WA and Sunriver UUC zones. 11 RLUIPA at 42 USC section 2000cc(b)(1) provides that: No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution." Page 18 of 22 Appendix A: ESEE ANALYSIS Compared to scenario (a) in which the use would be allowed outright, the addition of limitations for the use could lessen the impact on fish and wildlife habitats by only allowing a certain square footage, limiting hours or operation, or by requiring habitat restoration measures. This could positively impact the hunting and wildlife viewing economy in central Oregon, valued at $50 million to the Deschutes County economy annually. While it could lessen impacts, the addition of any intensive use such as a religious institution could impact wildlife through the concentration of members of the public and associated noise and light impacts, which could lower the income from the recreation economy in central Oregon. In comparison to scenario (a), which would allow the use outright, staff finds that this scenario would provide a set of limitation to reduce the amount of impacts, even if those impacts still exist. Social Consequences: The positive social consequences in this scenario are very similar to scenario (a). Permitting religious institutions, consistent with RLUIPA, would have positive consequences by preventing discrimination on the face of zoning codes and also in the highly individualized and discretionary processes of land use regulation. It is also recognized that religious institutions of all forms have long been recognized as important social organizations, helping to provide a sense of community and moral foundation. This scenario would add additional limitations for the establishment of a religious institution by only allowing a certain square rootage, rfmfung hours of operation, orby requiring habitat restoration measures. By adding these limitations, there is still the potential that some religious institutions may be treated unfairly compared to secular uses. The limitations could prevent religious institutions and their members from being able to fully express their religious rights. Thus, a negative consequence of this scenario would be the continued unequal treatment of religious and secular uses. It could also have negative consequences based on previous testimony from ODFW due to the potential loss of wildlife habitat stemming from the possible removal of habitat areas and construction of structures and their associated human presence. Many residents, advocacy organizations, and wildlife agencies continue to express concerns regarding the loss of fish and wildlife habitat due to the region's rapid growth and development. There is a recognition that increases in human activity, especially in rural areas, displace habitat and diminish, incrementally, Deschutes County's rural character and quality of life. The proposed amendments could have negative consequences due to increased human presence and infrastructure near the inventoried Goal 5 resources, which could lead to a reduced level of access and enjoyment for recreationa lists. Environmental Consequences: The addition of religious institutions where they previously were not allowed could present negative consequences as they have the potential to concentrate groups of people which Page 19 of 22 Appendix A: ESEE ANALYSIS could increase noise and light near fish and wildlife habitats, and in turn cause distress to inventoried Goal 5 species. The term religious institution is intended to be inclusive of all types of assembly and worship, so it is difficult to provide data related to average size of assemblies, traffic counts, and the extent of their activity. Development of any religious institution would likely require removal of upland vegetation, grading, and soil compaction that could alter drainage and runoff patterns. This could increase peak runoff, cause bank erosion, flooding, or increase the flow of sediment into water bodies. The removal of upland vegetation could also reduce tree canopy and understory vegetation which could be utilized by fish and wildlife species, outside of their primary habitat. Permitting religious institutions could result in further negative impacts to designated habitat for deer winter range, elk habitat and antelope range in WA combining zones. Based on testimony from ODFW, mule deer populations have declined up to 70% since 2000. Their testimony identified other elements contributing to reductions in mule deer populations tied to human caused habitat reduction, fragmentation, and disturbance on winter range Staff notes that the existing protections in place today (shown above) would prevent sensitive areas from being developed when religious institutions are established in the Sunriver UUC and WA zones. Although any development where it previously did not exist will inherently alter fish and wildlife habitat, development within the Sunriver UUC is urban in nature and the establishment of religious institutions would likely be neutral. By limiting the use and only allowing a certain square footage, limiting hours of operation, or by requiring habitat restoration measures, the negative environmental consequences associated with religious institutions could be mitigated to a certain extent. A caveat in this scenario, would be any limitations for religious institutions would need to be objective as to not further discriminate on specific types of religious institutions and types of assemblies. In implementing a "one -size -fits -all" approach, an opportunity could be missed to protected site specific Goal 5 resources. Energy Consequences: The energy consequences in this scenario are the same as in scenario (a), although a limitation on the square footage of a building and the hours of operation could decrease the amount of energy used as part of the operation of the religious institution. Page 20 of 22 Appendix A: ESEE ANALYSIS Chapter 6: ESEE Decision 660-023-0040(5): Develop a program to achieve Goal S. Local governments shall determine whether to allow, limit, or prohibit identified conflicting uses for significant resource sites. This decision shall be based upon and supported by the ESEE analysis. A decision to prohibit or limit conflicting uses protects a resource site. A decision to allow some or all conflicting uses for a particular site may also be consistent with Goal 5, provided it is supported by the ESEE analysis. One of the following determinations shall be reached with regard to conflicting uses for a significant resource site: (c) A local government may decide that the conflicting use should be allowed fully, notwithstanding the possible impacts on the resource site. The ESEE analysis must demonstrate that the conflicting use is of sufficient importance relative to the resource site, and must indicate why measures to protect the resource to some extent should not be provided, as per subsection (b) of this section. The graphic below is meant to be a simplified graphic representation of staffs attempt to balance each of the ESEE factors. As stated in the ESEE analysis, there are a variety of positive, negative, and neutral consequences associated with each scenario. Staff finds that the issue of preserving one's right to religious practices in accordance with RLUIPA is both a social and economic issue that outweighs the other ESEE consequences. Staff considered allowing the use with limitations such as hours of operation, square footage maximums, or requiring restoration measures, but this practice could still be seen as discrimination or unequal treatment of religious institutions when compared to other uses allowed in the zoning districts. Therefore the County is choosing scenario (c) which will allow the use fully notwithstanding the possible impacts on the resource sites. ESEE Factors Support habitat Preserves Support Consistency Preserves Transportation functions Right to Recreational of Land Use Rural (Energy) (Environmental, religious Economy Regulations Character economic, practice (Economic, (Social) (Social) social) (Social, Social) economic) Prohibit conflict 0 _ 0 - 0 0 (No change to code) Allow conflict Allow religious institutions with - ♦ - ♦ - no additional requirements. Limit conflict Allow religious institutions with - 0 - - - 0 additional limitations. Page 21 of 22 Appendix A: ESEE ANALYSIS Chapter 7: Program to Achieve Goal 5 660-023-0050(1): For each resource site, local governments shall adopt comprehensive plan provisions and land use regulations to implement the decisions made pursuant to OAR 660- 023-0040(5). The plan shall describe the degree of protection intended for each significant resource site. The plan and implementing ordinances shall clearly identify those conflicting uses that are allowed and the specific standards or limitations that apply to the allowed uses. A program to achieve Goals may include zoning measures that partially or fully allow conflicting uses (see OAR 660-023-0040(5)(b) and (c)). 660-023-0050(2): When a local government has decided to protect a resource site under OAR 660-023-0040(5)(b), implementing measures applied to conflicting uses on the resource site and within its impact area shall contain clear and objective standards. For purposes of this division, a standard shall be considered clear and objective if it meets any one of the following criteria: (a) It is a fixed numerical standard, such as a height limitation of 35 feet or a setback of 50 feet, (b) It is a nondiscretionary requirement, such as a requirement that grading not occur beneath the dripline of a protected tree; or... Deschutes County has determined that allowing religious institutions within the SURA, SURN and SURG zones in the Urban Unincorporated Community of Sunriver, and within the Wildlife Area Combining Zone should be allowed fully, notwithstanding the possible impacts on the inventoried resources. The implementing measures do not include alternative, discretionary procedures for compliance. Page 22 of 22 Appendix A: ESEE ANALYSIS ® Floodplain Sunriver Resort Golf Course Potentially Impacted Taxlots Sunriver Community Attachment 1, Map 1 Religious Institutions Review SURG - Zoning The SURG Zoning in the Sunriver Community would be impacted by the Floodplain Zoning of the Goal 5 Resource. Floodplain vI ES CO Sunriver Resort Nature Center d, LG�A Potentially Impacted Taxlots < LSunriver Community N Q Miles f Attachment 1, Map 2 0 6/19/2019 0.4 Religious Institutions Review SURN - Zoning The SURN Zoning in the Sunriver Community would be impacted by the Floodplain Zoning of the Goal 5 Resource. 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N .+ a c 4 w o `4 c c Z O cu C° X W o N C +@+ W .� 0 ; NE A O R 6 N� N d T twit N Ac Ln u N c Q z Q z Q z 6 z C i z W `) + Y O N LO u0i L m v a m o a Q p u M U = usC n �+ ,m 3 = zajM o v CL a w 3 O W G1 (7 - m O Uregon 4# • Kate Brown, Governor Attachment 3 - Oregon Department of Fish and Wildlife 2017 Testimony September 22, 2017 Deschutes County Community Development Department P.O. Box 6005 117 NW Lafayette Ave Bend, OR 97708 Re: Planning Division File 247-17-000702-TA/247-17-000703-PA Department of Fish and Wildlife East Region 61374 Parrell Road Bend, Oregon 97702 (541)388-6363 FAX (541) 388-6281 The purpose of this letter is to provide Oregon Department of Fish and Wildlife (Department) comments on the proposed Deschutes County Community Development Department (CDD) amendment to the Deschutes County Comprehensive Plan, Chapter 2, Resource Management, to permit churches in the Wildlife Area Combining Zone (WA Zone). According to Deschutes County Code 18.88, the purpose of the WA Zone is "to conserve important wildlife areas in Deschutes County; to protect an important environmental, social and economic element of the area; and to permit development compatible with the protection of the wildlife resource." Much of the WA Zone is meant to conserve winter ranges for deer, elk and pronghorn. These are areas where wildlife congregate to conserve energy when food resources are scarce and temperatures are often below freezing making them particularly vulnerable to human disturbance. The Department is mandated by State Statute to manage fish and wildlife resources to prevent serious depletion of indigenous species and to provide optimum recreational and aesthetic benefits for present and future generations of the citizens of Oregon (ORS 496.012). This objective can only be realized in concert with land use provisions that benefit wildlife resources such as the Goal 5 planning process that created the WA Zone. The maintenance of adequate winter range is crucial to the persistence of big game populations which provide local ecological and economic value. The winter range protected under the WA Zone in Deschutes County is coming under increasing pressure from a growing human population. Recent census data established the Bend -Redmond area as the fastest growing metropolitan area on the west coast. That coupled with mule deer population estimates that are 40-50% of Department management objectives highlights the importance of maintaining WA Zone protections. It is outside of the Department's purview to comment on whether permitting churches in the WA Zone complies with the Religious Land Use and Institutionalized Persons Act (RLUIPA). More broadly, the proposed amendment would allow a use that the Department, the U.S. Forest Service, Bureau of Land Management, and U.S. Fish and Wildlife Service have deemed in an "Interagency Report" to be in conflict with wildlife habitat values because it "generate[s] a high level of public activity, noise, and habitat alterations, which in turn can impact large geographic spaces and alter many acres of valuable wildlife habitat" (see p21 of the 2009 "Updated Wildlife Information and Recommendations for the Deschutes County Comprehensive Plan Update"). The CDD states that mitigation for impacts associated with this amendment will be achieved by prohibiting outdoor activities during the time of year when animals are using the WA Zone. That prohibition may address animals' exposure in winter to the "high levels of public activity" and "noise" listed above. However, it does not adequately mitigate for the "habitat alterations, which in turn can impact large geographic spaces and alter many acres of valuable wildlife habitat" that will likely occur under this amendment. The habitat in the WA Zone must be conserved throughout the year so that it is available and functioning for wildlife during the winter. As mentioned above, the Department has previously agreed that churches (as well as golf courses, commercial dog kennels, schools, bed and breakfast inns, dude ranches, playgrounds, recreation facilities, community centers, timeshare units, veterinary clinics, and fishing lodges) should be among the uses not permitted in the WA Zone. Additionally, from a wildlife conservation stand point, winter range is already at risk from currently permitted uses. Therefore, it would be counter to the Department's statutory responsibility to support this amendment. We recommend that the Planning Commission reject this amendment and the CDD develop an alternative to comply with RLUIPA that will preserve the intent of the Goal 5 planning process. Thank you for the opportunity to comment. Sincerely, cj"11- -1� .1 T"M Sara Gregory Wildlife Habitat Biologist sara. c. gregoryg state. onus 541-388-6147 cc: Bruce Eddy, East Region Manager, ODFW Brett Hodgson, Acting Deschutes Watershed Manager, ODFW Corey Heath, Deschutes District Wildlife Biologist, ODFW regon Kate Brown, Governor November 14, 2017 Deschutes County Community Development Department P.O. Box 6005 117 NW Lafayette Ave Bend, OR 97708 Re: Planning Division File 247-17-000702-TA/247-17-000703-PA Department of Fish and Wildlife East Region 61374 Parrell Road Bend, Oregon 97702 (541)388-6363 FAX (541) 388-6281 The purpose of this letter is to provide additional Oregon Department of Fish and Wildlife (Department) comments on the revised proposed Deschutes County Community Development Department (CDD) text amendment to the Deschutes County Comprehensive Plan, Chapter 2, Resource Management, to permit churches in the Wildlife Area Combining Zone (WA Zone). The Department submitted comments objecting to the first draft of the text amendment in a letter dated September 22, 2017. As the Department does not appear in the Planning Manager's October 31, 2017 memorandum listing those who submitted written testimony, we are resubmitting our original letter with this correspondence. Please add them both to the record. A A; ---A A--;-- t1,o XTI.. —1—r 6th "Ilbl it- hearinv anal mir nrP6mic IPttPr� thP. Depart? i-nt �UV%.1U111161\ VYV11 P -V WG U1JJJU U11116 U1V 1V V1 t ..t, r ... -v.+v. continues to object to the proposed text amendments according to our statutory responsibility. Mule deer are the only type of deer found in Deschutes County and their populations have been in decline for decades. In some parts of the County there have been declines of up to 70% since 2000. As a result, the Department has made the necessary adjustments to hunting seasons so as not to cause additional declines through harvest. Unfortunately, there are other elements contributing to reductions in mule deer populations. Among the many factors contributing to their decline, many can be tied to human caused habitat reduction, fragmentation, and disturbance on winter range. Unlike other deer species, mule deer are more specific in their habitat needs and more sensitive to humans. Commonly mule deer exhibit migratory behavior whereby they take advantage of the variety of plants available in the mountains during the summer and then move to areas such as those in the WA Zone for the winter to escape deep snow at higher elevations. This means traveling many miles each spring and fall. Mule deer also show a strong fidelity to their migration corridors and their summer and winter ranges. They will return to the same winter range year after year. This winter range is where deer typically interact with people and associated land use. Department studies of hundreds of collared mule deer in central Oregon showed that migratory deer had a better chance of surviving than deer that did not migrate. Therefore, maintaining migratory herds is among the Department's priorities. Maintaining winter range areas that are relatively free from human disturbance is one way to improve mule deer populations. It is difficult for people to interpret stress induced behavior in mule deer because they will often remain motionless when face to face with a human instead of fleeing. However, Department studies showed a strong avoidance of people during the winter. When deer are disturbed by people, their stress levels rise, they increase their movements, and use valuable energy reserves that could make them vulnerable to increased mortality from vehicles, predators and disease among other things. In addition, other research has shown that as residential development increases, survival of mule deer fawns decreases. Low fawn survival equates to slow or negative population growth. Therefore, relying on urban development to support our mule deer populations is not a sustainable or desirable option. Through the creation for the WA Zone, Deschutes County recognized the need to preserve traditional winter habitat for mule deer. This in turn preserves open space and habitat for a variety of other species. Indeed, in protecting winter range the Goal 5 planning process has also helped to protect the scenic views and recreational opportunities that makes Deschutes County a desirable place to live and visit. The Department is concerned that the CDD's Economic, Social, Environmental, and Energy (ESEE) analysis of the proposed text amendment failed to adequately examine the value of mule deer and other wildlife. At last estimate, hunting and wildlife viewing contributed more than $50 million to the Deschutes County economy annually. There is also a social and environmental component to prioritizing wildlife habitat values that should be considered. The long term consequences of these proposed text amendments could contribute to permanent removal of hundreds of acres of wildlife habitat as the WA Zone would be vulnerable to the construction of very large structures and their associated human presence. This could further compromise the future of healthy functioning mule deer herds in Deschutes County. The Department requests a revised ESEE analysis that recognizes the wildlife values that could be impacted by these text amendments. Finally, the Department would like the language on Packet Page 22 revised to remove the statement that these text amendments were developed in coordination with the Oregon Department of Fish and Wildlife. While Department staff appreciate the positive working relationship we have with CDD staff and hope to collaborate on future projects, in this case, we were not able to come to an agreement. Thank you for considering these comments. If you have any questions please contact me. Sincerely, Sara Gregory Wildlife Habitat Biologist sara. c. gregory(a� state. or. us 541-388-6147 cc: Bruce Eddy, East Region Manager, ODFW Michael Harrington, Deschutes Watershed Manager, ODFW Corey Heath, Deschutes District Wildlife Biologist, ODFW Attachment 2: Zoning Text Amendments Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS 18.04.030. Definitions. As used in DCC Title 18, the following words and phrases shall mean as set forth in DCC 18.04.030. "Religious Institutions" mean institutions that have nonprofit status as religious institutions established with the Internal Revenue Service that primarily provide meeting areas for religious assemblies. Examples include churches, temples, s gagogues, and mosques. Or "Religious Institution" means the use, building, or conversion of real property for the purpose of religious exercise shall be considered to be religious exercise of the person or entity that uses or intends to use the property for that purpose. (definition came from Title 42, Chapter 21 C protection of religious exercise in land use and by institutionalized persons) (Ord. 2019-00x 1, 2019; 2018-006 §4, 2018; Ord. 2017-015§1, 2017; Ord. 2016-026§1, 2016; Ord. 2016-015§1, 2016; Ord. 2016-006 §1, 2016; Ord. 2015-004 §1, 2015; Ord. 2014-009 §1, 2014; Ord. 2013-008 §1, 2013; Ord. 2012-007 §1, 2012; Ord. 2012-004 §1, 2012; Ord. 2011-009 §1, 2011; Ord. 2010-022 §1, 2010; Ord. 2010-018 3, 2010, Ord. 2008-007 §1, 2008; Ord. 2008- 015 §1, 2008; Ord. 2007-005 §1, 2007; Ord. 2007- 020 §1, 2007; Ord. 2007-019 §1, 2007; Ord. 2006-008 § 1, 2006; Ord. 2005-041 § 1, 2005; Ord. Chapter 18.04 35 ( 04%2015) 2004-024 § 1, 2004; Ord. 2004-001 §1, 2004; Ord. 2003-028 §1, 2003; Ord. 2001-048 §1, 2001; Ord. 2001-044 §2, 2001; Ord. 2001-037 §1, 2001; Ord. 2001-033 §2, 2001; Ord. 97-078 §5, 1997; Ord. 97-017 §1, 1997; Ord. 97-003 §1, 1997; Ord. 96-082 §1, 1996; Ord. 96-003 §2,1996; Ord. 95-077 §2, 1995; Ord. 95-075 §1, 1975; Ord. 95-007 §1, 1995; Ord. 95-001 §1, 1995; Ord. 94-053 §1, 1994; Ord. 94-041 §§2 and 3, 1994; Ord. 94-038 §3, 1994; Ord. 94-008 §§1, 2, 3, 4, 5, 6, 7 and 8, 1994; Ord. 94-001 § § 1, 2, and 3, 1994; Ord. 93-043 § § 1, 1 A and 1 B, 1993; Ord. 93- 038 §1, 1993; Ord. 93-005 § § 1 and 2, 1993; Ord. 93-002 § § 1, 2 and 3, 1993; Ord. 92-066 § 1, 1992; Ord. 92-065 § § 1 and 2, 1992; Ord. 92-034 § 1, 1992; Ord. 92-025 § 1, 1992; Ord. 92-004 1 and 2, 1992; Ord. 91- 038 §§3 and 4, 1991; Ord. 91-020 §1, 1991; Ord. 91-005 §1, 1991; Ord. 91-002 §11, 1991; Ord. 90-014 §2, 1990; Ord. 89-009 §2,1989; Ord. 89-004 §1, 1989; Ord. 88- 050 §3, 1988; Ord. 88- 030 §3, 1988; Ord. 88-009 §1, 1988; Ord. 87-015 §1, 1987; Ord. 86-056 2, 1986; Ord. 86-054 §1, 1986; Ord. 86-032 §1, 1986; Ord. 86-018 §1, 1986; Ord. 85-002 §2, 1985; Ord. 84-023 §1, 1984; Ord. 83-037 §2,1983; Ord. 83-033 §1, 1983; Ord. 82-013 §1, 1982) Chapter 18.04 1 (x/2019) Attachment 2: Zoning Text Amendments Chapter 18.08. BASIC PROVISIONS 18.08.010. Compliance. 18.08.020. Existing Agreements and Zoning Permits. 18.08.030. Terminology and Construction. 18.08.040. Religious Land Use and Institutionalized Persons Act 18.08.040. Religious Land Use and Institutionalized Persons Act Compliance with the Religious Land Use and Institutionalized Persons Act supersedes all other aspects of DCC Title 18. (Ord. 2019-00x §x, 2019) Chapter 18.08 1 (x/2019) Attachment 2: Zoning Text Amendments Chapter 18.16. EXCLUSIVE FARM USE ZONES 18.16.025. Uses Permitted Subject to the Special Provisions Under DCC Section 18.16.038 or DCC Section 18.16.042 and a Review Under DCC Chapter 18.124 where applicable. A. Dwellings customarily provided in conjunction with farm use (farm -related dwellings), subject to DCC 18.16.050. B. A relative farm assistance dwelling, subject to DCC 18.16.050. C. Ghufe wsReligious institutions and cemeteries in conjunction with eltxches religious activities consistent with ORS 215.441 and OAR 660-033-0130(2) on non -high value farmland. D. Expansion of an existing church or cemetery in conjunction with a church on the same tract as the existing use, subject to Oregon Administrative Rules 660-033-0130. E. Utility facilities necessary for public service, including wetland waste treatment systems, but not including commercial facilities for the purpose of generating electrical power for public use by sale and transmission towers over 200 feet in height. A utility facility necessary for public service may be established as provided in: 1. DCC 18.16.038(A); or 2. DCC 18.16.038(E) if the utility facility is an associated transmission line, as defined in ORS 469.300. F. Winery, as described in ORS 215.452. G. Farm stands, subject to DCC 18.16.038. H. A site for the takeoff and landing of model aircraft, including such buildings or facilities as may be reasonably necessary. I. A facility for the processing of farm crops, or for the production of biofuel as defined in ORS 315.141, if the facility is located on a farm operation that provides at least one-quarter of the farm crops processed at the facility, or an establishment for the slaughter, processing or selling of poultry or poultiy products pursua,.t to ORS 603.038. 1. If a building is established or used for the processing facility or establishment, the farm operator may not devote more than 10,000 square feet of floor area to the processing facility or establishment, exclusive of the floor area designated for preparation, storage or other farm use . 2. A processing facility or establishment must comply with all applicable siting standards but the standards shall not be applied in a manner that prohibits the siting of the processing facility. 3. The County shall not approve any division of a lot or parcel that separates a processing facility or establishment from the farm operation on which it is located. J. Agri -tourism and other commercial events and activities subject to DCC 18.16.042. K. Dog training classes or testing trials conducted outdoors or in farm buildings that existed on January 1, 2013, when: 1. The number of dogs participating in training does not exceed 10 per training class and the number of training classes to be held on-site does not exceed six per day; and 2. The number of dogs participating in a testing trial does not exceed 60 and the number of testing trials to be conducted on-site does not exceed four per calendar year. L. Marijuana processing, subject to the applicable provisions of DCC 18.16.025(I) and 18.116.330. (Ord. 2019-Oxx §x, 2019; Ord. 2016-015 §2, 2016; Ord. 2014-010 § 1, 2014; Ord. 2012-007 §2, 2012; Ord. 2012-004 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2004- 001 §2, 2004) Chapter 18.16 Attachment 2: Zoning Text Amendments (x/2019) Chapter 18.32. MULTIPLE USE AGRICULTURAL ZONE - MUA 18.32.030. Conditional Uses Permitted. The following uses may be allowed subject to DCC 18.128: A. Public use. B. Semipublic use. C. Commercial activities in conjunction with farm use. The commercial activity shall be associated with a farm use occurring on the parcel where the commercial use is proposed. The commercial activity may use, process, store or market farm products produced in Deschutes County or an adjoining County. D. Dude ranch. E. Kennel and/or veterinary clinic. F. Guest house. G. Manufactured home as a secondary accessory farm dwelling, subject to the requirements set forth in DCC 18.116.070. H. Exploration for minerals. I. Private parks, playgrounds, hunting and fishing preserves, campgrounds, motorcycle tracks and other recreational uses. J. Personal use landing strip for airplanes and helicopter pads, including associated hangar, maintenance and service facilities. No aircraft may be based on a personal -use landing strip other than those owned or controlled by the owner of the airstrip. Exceptions to the activities permitted under this definition may be granted through waiver action by the Aeronautics Division in specific instances. A personal use landing strip lawfully existing as of September 1, 1975, shall continue to be permitted subject to any applicable regulations of the Aeronautics Division. K. Golf courses. L. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. M. A facility for primary processing of forest products, provided that such facility is found to not seriously interfere with accepted farming practices and is compatible with farm uses described in ORS 215.203(2). Such a facility may be approved for a one-year period which is renewable. These facilities are intended to be only portable or temporary in nature. The primary processing of a forest product, as used in DCC 18.32.030, means the use of a portable chipper or stud mill or other similar method of initial treatment of a forest product in order to enable its shipment to market. Forest products, as used in DCC 18.32.030, means timber grown upon a parcel of land or contiguous land where the primary processing facility is located. N. Destination resorts. O. Planned developments. P. Cluster developments. Q. Landfills when a written tentative approval by the Department of Environmental Quality (DEQ) of the site is submitted with the conditional use application. R. Time-share unit or the creation thereof. S. Hydroelectric facility, subject to DCC 18.116.130 and 18.128.260. Chapter 18.32 Attachment 2: Zoning Text Amendments (x/2019) T. Storage, crushing and processing of minerals, including the processing of aggregate into asphaltic concrete or Portland cement concrete, when such uses are in conjunction with the maintenance or construction of public roads or highways. U. Bed and breakfast inn. V. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland subject to DCC 18.120.050 and 18.128.270. W. GhufehesReligious institutions, subject to DCC 18.124 and 18.128.080. X. Private or public schools, including all buildings essential to the operation of such a school. Y. Utility facility necessary to serve the area subject to the provisions of DCC 18.124. Z. Cemetery, mausoleum or crematorium. AA. Commercial horse stables. BB. Horse events, including associated structures, not allowed as a permitted use in this zone. CC. Manufactured home park or recreational vehicle park on a parcel in use as a manufactured home park or recreational vehicle park prior to the adoption of PL -15 in 1979 and being operated as of June 12, 1996, as a manufactured home park or recreational vehicle park, including any expansion of such uses on the same parcel, as configured on June 12, 1996. DD.A new manufactured home/recreational vehicle park, subject to Oregon Administrative Rules 660-004-0040(7)(g) that: 1. Is on property adjacent to an existing manufactured home/recreational vehicle park; 2. Is adjacent to the City of Bend Urban Growth Boundary; and 3. Has no more than 10 dwelling units. EE. The full or partial conversion from a manufactured home park or recreational vehicle park described in DCC 18.32.030 (CC) to a manufactured home park or recreational vehicle park on the same parcel, as configured on June 12 1996. FF. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). GG. Guest lodge. HH. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material. 1I. Marijuana processing, subject to the provisions of DCC 18.116.330. JJ. Marijuana production subject to the provisions of DCC 18.116.330. (Ord. 2019-Oxx &x, 2019; Ord. 2016-015 §3, 2016; Ord. 2015-002 §1, 2015; Ord. 2009- 018 § 1, 2009; Ord. 2004-002 §4, 2004; Ord. 2001-039 §2, 2001; Ord. 2001-016 §2, 2001; Ord. 97-063 §3, 1997; Ord. 97-029 §2, 1997; Ord. 97-017 §2, 1997; Ord. 96-038 §1, 1996; Ord. 94-053 §2, 1994; Ord. 94-008 §11, 1994; Ord. 93-043 §§4A and B, 1993; Ord. 92-055 §2, 1992; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991; Ord. 90-014 §§27 and 35, 1990; Ord. 91-005 §§19 and 20, 1991; Ord. 91-002 §7, 1991; Ord. 86-018 §7, 1986; Ord. 83-033 §2, 1983; Ord. 80-206 §3, 1980) Chapter 18.32 Attachment 2: Zoning Text Amendments (x/2019) Chapter 18.60. RURAL RESIDENTIAL ZONE - RR -10 18.60.030. Conditional Uses Permitted. The following uses may be allowed subject to DCC 18.128: A. Public park, playground, recreation facility or community center owned and operated by a government agency or nonprofit community organization. B. Dude ranch. C. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. D. Personal use landing strip for airplanes and helicopter pads, including associated hangar, maintenance and service facilities. A personal use landing strip as used in DCC 18.60.030 means an airstrip restricted, except for aircraft emergencies, to use by the owner and, on an infrequent and occasional basis, by invited guests. No aircraft may be based on a personal -use landing strip other than those owned or controlled by the owner of the airstrip. Exceptions to the activities permitted under this definition may be granted through waiver action by the Aeronautics Division in specific instances. A personal -use landing strip lawfully existing as of September 1, 1975, shall continue to be permitted subject to any applicable regulations of the Aeronautics Division. E. Planned development. F. Cluster development. G. Recreation -oriented facility requiring large acreage such as off-road vehicle track or race track, but not including a rodeo grounds. H. Landfill when a written tentative approval by Department of Environmental Quality (DEQ) of the site is submitted with the application. L Cemetery. J. Time-share unit or the creation thereof. K. Hydroelectric facility, subject to DCC 18.116.130 and 18.128.260. L. Bed and breakfast inn. M. Golf course. N. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland subject to DCC 18.120.050 and 18.128.270. O. Chu Relijzious institutions. P. Public Uses. Q. Semipublic Uses. R. Commercial horse stables. S. Private or public school, including all buildings essential to the operation of such a school. T. Manufactured home park or recreational vehicle park on a parcel in use as a manufactured home park or recreational vehicle park prior to the adoption of PL -15 in 1979 and being operated as of June 12, 1996 as a manufactured home park or recreational vehicle park , including expansion, conversion and combination of such uses on the same parcel, as configured on June 12, 1996. U. The full or partial conversion from a manufactured home park or recreational vehicle park described in DCC 18.60.030 (T) to a manufactured home park or recreational vehicle park on the same parcel, as configured on June 12, 1996. V. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). W. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including_the excavation and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material. Chapter 18.60 1 (x/2019) Attachment 2: Zoning Text Amendments (Ord. 2019-Oxx § x, 2019; Ord. 2009-018 § 2, 2009; Ord. 2004-002 §8, 2004; Ord. 2001-039 §5, 2001; Ord. 2001-016 §2, 2001; Ord. 97-063 §3, 1997; Ord. 97-017 §3, 1997; Ord. 96-038 §2,1996; Ord. 96-021 §1, 1996; Ord. 94-008 §13, 1994; Ord. 93-043 §§8A and 8B, 1993; Ord. 92-004 §10, 1992; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991; Ord. 91-005 §32,1991; Ord. 90-014 §22,1990; Ord. 86-018 §13, 1986; Ord. 83-033 §5, 1983) Chapter 18.60 Attachment 2: Zoning Text Amendments (x/2019) Chapter 18.65. RURAL SERVICE CENTER - UNINCORPORATED COMMUNITY ZONE 18.65.010. Purpose. 18.65.020. Commercial/Mixed Use District (Brothers, Hampton, Millican, Whistlestop and Wildhunt). 18.65.021. Commercial/Mixed Use District (Alfalfa). 18.65.022. Residential District (Alfalfa). 18.65.023. Open Space District (Brothers). 18.65.030. Standards in All Districts. 18.65.020. RSC — Commercial/Mixed Use District (Brothers, Hampton, Millican, Whistlestop and Wildhunt). A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright, subject to applicable provisions of this chapter: 1. Single-family dwelling. 2. Manufactured home, subject to DCC 18.116.070. 3. Type 1 Home Occupation, subject to DCC 18.116.280. 4. Residential home and residential facility. 5. Two-family dwelling or duplex. 6. Agricultural uses, as defined in Title 18, and excluding livestock feed lot or sales yard, and hog or mink farms. 7. Class I and 11 road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. n r1--- riI _---� -- -1 _..____t _____I__a O. Class 111 roa.0 allu JL1GGl 1J1U�Gla. 9. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted, subject to applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, and DCC 18.124, Site Plan Review, of this title: 1. Retail store, business office and/or commercial establishment in a building or buildings each not exceeding 4,000 square feet of floor space. The aggregate area for any one type of use that takes place in multiple buildings may not exceed 4,000 square feet. 2. Residential use in conjunction with a permitted commercial use. 3. Park or playground. 4. Community building. 5. Public or semipublic building or use. 6. Highway maintenance facility. 7. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at the same location. 8. Religious institutions. C. Conditional Uses Permitted. The following uses and their accessory uses are permitted subject to applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, DCC 18.124, Site Plan Review, and DCC 18.128, Conditional Use, of this title: 1. Multi -family dwelling with three or more units. 2. Ghttreih. Chapter 18.65 1 (08/2018) Attachment 2: Zoning Text Amendments �,2.2. School. 4.3 . Cemetery. 5A.Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 6-5.Medical clinic or veterinary clinic. -7-Acommunity Center. 8-.7. Manufactured home park. - :8. Recreational vehicle or trailer park. 4-0-.9. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A). 11. Marijuana retailing, subject to the provisions of DCC 18.116.330. D. Yard and Setback Requirements. 1. The front yard setback shall be a minimum of 20 feet from a property line fronting on a local street right of way and 50 feet from an arterial right of way. 2. The minimum side yard setback shall be 10 feet. 3. The minimum rear yard setback shall be 20 feet. 4. The minimum side and rear yard setbacks for property that is adjacent to land zoned exclusive farm use shall be 50 feet. E. Lot Requirements. 1. Residential Uses: a. The minimum lot size for residential uses in Brothers, Hampton and Millican is 2.5 acres. b. Each lot shall have a minimum width of 200 feet. c. Each lot must be served by an on-site well. d. On-site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the lot or parcel can meet DEQ on-site sewage disposal rules prior to final approval of a subdivision or partition. e. Lot coverage for a dwelling and accessory buildings used primarily for residential purposes shall not exceed twenty-five (25) percent of the total lot area. Lot coverage for buildings used primarily for commercial purposes shall be determined by spatial requirements for sewage disposal, landscaping, parking, yard setbacks and any other elements under site plan review. 2. Commercial and Public Uses. a. The minimum lot size in Brothers, Hampton, Millican, Whistlestop and Wildhunt for a commercial use served by an on-site septic system and individual well shall be the size necessary to accommodate the use. b. Each lot shall have a minimum width of 150 feet. c. On-site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the lot or parcel can meet DEQ on-site sewage disposal rules prior to final approval of a subdivision or partition. (Ord. 2019-Oxxx§ 2019; Ord. 2018-006 §8, 2018; Ord. 2016-015 §4, 2016; Ord. 2015-004 §2, 2015; Ord. 2004-002 §11, 2004; Ord. 2002-028 §1, 2002; Ord. 2002-002 §2, 2002) 18.65.021 Alfalfa RSC - Commercial/Mixed Use District. In Alfalfa, the following uses and their accessory uses are permitted: A. Uses Permitted Outright. 1. Single-family dwelling. Chapter 18.65 2 (08/2018) Attachment 2: Zoning Text Amendments 2. Manufactured home, subject to DCC 18.116.070 3. Type 1 Home Occupation, subject to DCC 18.116.280. 4. Residential home and residential facility. 5. Two-family dwelling or duplex. 6. Agricultural uses, as defined in Title 18, and excluding livestock feed lot or sales yard, and hog or mink farms. 7. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. 8. Class III road and street project. 9. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted, subject to applicable provisions of this chapter, DCC 18.116, Supplementary Provisions and DCC 18.124, Site Plan Review, of this title: 1. Retail store, business office and/or commercial establishment in a building or buildings each not exceeding 4,000 square feet of floor space. The aggregate area for any one type of use that takes place in multiple buildings may not exceed 4,000 square feet. 2. Residential use in conjunction with a permitted commercial use. 3. Park or playground. 4. Community building. 5. Public or semipublic building or use. 6. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at the same location. 7. Religious institutions. C. Conditional Uses Permitted. The following uses and their accessory uses are permitted subject to applicable provisions of this chanter, DCC 18.116, Supplementary Provisions, DCC 18.124, Site Plan Review, and DCC 18.128, Conditional Use, of this title: -1. rGhufeh. 12. School. 24. Cemetery. 34. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 4-5. Medical clinic or veterinary clinic. 56. Community Center. 6-7. Recreational vehicle or trailer park. 79. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A). 8.9. Marijuana retailing, subject to the provisions of DCC 18.116.330. D. Yard and Setback Requirements. 1. The front yard setback shall be a minimum of 20 feet from a property line fronting on a local street right of way and 50 feet from an arterial right of way. 2. The minimum side yard setback shall be 10 feet. 3. The minimum rear yard setback shall be 20 feet. 4. The minimum side and rear yard setbacks for property that is adjacent to land zoned exclusive farm use shall be 50 feet. E. Lot Requirements. The minimum lot size shall be the size necessary to accommodate the use, but not less than one acre. (Ord. 2019-Oxx $x, 2019; Ord. 2018-006 §8, 2018; Ord. 2002-002 §2, 2002) Chapter 18.65 3 (08/2018) Attachment 2: Zoning Text Amendments 18.65.022. Alfalfa RSC - Residential District A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright, subject to the applicable provisions of this chapter: 1. Agricultural uses, as defined in Title 18, subject to the restrictions in DCC 18.65.021(D), and excluding livestock feed lot or sales yard, and hog or mink farms. 2. Single-family dwelling, or a manufactured home subject to DCC 18.116.070. 3. Two-family dwelling or duplex. 4. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. 5. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. 6. Class III road or street project. 7. Type 1 Home Occupation, subject to DCC 18.116.280. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted, subject to the applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, and DCC 18.124 Site Plan Review, of this title: 1. Park or playground. 2. Community building. 3. Utility facility. -34. Religious institutions. C. Conditional Uses Permitted. The following uses and their accessory uses are permitted, subject to the applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, DCC 18.124, Site Plan Review, and DCC 18.128, Conditional Use, of this title: 1. Schools. 2. Medical clinic or veterinary clinic. 3. Daycare facility. 5A. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 6:5. Bed and breakfast inn. -7-.6. Public use. 9-7. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). D. Yard and Setback Requirements. 1. The front yard setback shall be a minimum of 20 feet from a property line fronting on a local street right of way and 50 feet from an arterial right of way. 2. The minimum side yard setback shall be 10 feet. 3. The minimum rear yard setback shall be 20 feet. E. Lot Requirements. 1. The minimum lot size is 5 acres. 2. The minimum average width of lots shall be 200 feet. 3. Each lot must be served by an on-site well. 4. On-site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the lot or parcel can meet DEQ on-site sewage disposal rules prior to final approval of a subdivision or partition. 5. Lot coverage for a dwelling and accessory buildings used primarily for residential purposes shall not exceed twenty-five (25) percent of the total lot area. Lot coverage for buildings used primarily for commercial purposes shall be determined by spatial requirements for sewage disposal, landscaping, parking, yard setbacks and any other elements under site plan review. Chapter 18.65 4 (08/2018) Attachment 2: Zoning Text Amendments F. Limitations on uses — RSC -Residential District. The following limitation shall apply to uses permitted in the RSC — Residential District: 1. Cows, horses, goats or sheep cannot be kept on lots having an area of less than 20,000 square feet. The total number of all such animals (other than their young under the age of six months) shall be limited to the square footage of the lot divided by 20,000 square feet, which is the minimum area per animal. 2. The number of chickens, fowl or rabbits over the age of six months shall not exceed one for each 500 square feet of land. 3. All livestock shall be located a minimum of 100 feet away from a residential building on an adjacent lot. (Ord. 2019-Oxx §x, 2019; Ord. 2004-002 § 12, 2004; Ord. 2002-028 § 1, 2002; Ord. 2002-002 §2, 2002) Chapter 18.65 5 (08/2018) Attachment 2: Zoning Text Amendments Chapter 18.66. TERREBONNE RURAL COMMUNITY ZONING DISTRICTS 18.66.020. Residential (TeR) District. 18.66.030. Residential -5 (TeR5) Acre Minimum District. 18.66.040. Commercial (TeC) District. 18.66.050. Commercial -Rural (TeCR) District. 18.66.020. Residential (TeR) District. B. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128: 1. Manufactured home park. 2. Multi -family dwelling complex. 3. Retirement center or nursing home. 4. Cluster development. 5. Gh-ufe institutions. 6. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 7. Child care center. 8. Public or private school. 9. Park. 10. Public or semi-public building. 11. Utility facility. 12. Water supply or treatment facility. 13. Veterinary clinic. 14. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 625()r10.11.VAo(B). 15. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material. (Ord. 2019-Oxx §x, 2019; Ord. 2004-002 §13, 2004; Ord. 97-063 §3, 1997; Ord. 97-003 §2,1997) 18.66.030. Residential -5 Acre Minimum (TeR5) District. B. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.116, 18.124 and 18.128: 1. Manufactured home park. 2. Multi -family dwelling complex. 3. Retirement center or nursing home. 4. CelRelig_ious institutions. 5. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 6. Public or private school. 7. Child care center. 8. Park. 9. Public or semi-public building. 10. Utility facility. 11. Water supply or treatment facility. 12. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). Chapter 18.66 1 (x/2019) Attachment 2: Zoning Text Amendments 13. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material. (Ord. 2019-Oxx §x, 2019; Ord. 2004-002 § 14, 2004; Ord. 97-063 § 3, 1997; Ord. 97-003 § 2, 1997) 18.66.040. Commercial (TeC) District. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128: 1. Motel, with a maximum of 35 units, only if served by a community sewer system as defined in OAR 660-22-010(2). 2. Recreational vehicle park. 3. Chiffe iReliyious institutions. 4. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 5. Public or private school. 6. Child care center. 7. Park. 8. Public or semi-public building. 9. Medical center in a building or buildings not exceeding 4,000 square feet of floor space. 10. Utility facility. 11. Water supply or treatment facility. 12. Vehicle and trailer sales, service, repair or rental in a building or buildings not exceeding 4,000 square feet of floor space. 13. Uses listed below carried on in a building or buildings not "exceeding 4,000 square feet of floor space with no exterior displays or storage of industrial equipment, industrial vehicles or industrial products: a. Man..farfi.rinn ani r.rn�..ntinn b. Wholesale sales. c. Mini -storage. 14. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 15. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material. 16. Marijuana processing, subject to the provisions of DCC 18.116.330. 17. Marijuana retailing, subject to the provisions of DCC 18.116.330. (Ord. 2019-Oxx §x, 2019; Ord. 2016-015 §5, 2016; Ord. 2015-004 §3, 2015; Ord. 2004-002 §15, 2004; Ord. 97-063 §3, 1997; Ord. 97-003 §2, 1997) 18.66.050. Commercial -Rural (TeCR) District. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128: 1. Ghure Religious institutions. 2. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 3. Park. 4. Public or semi-public building. 5. Utility facility. 6. Water supply or treatment facility. 7. Vehicle and trailer sales, service, repair and rental in a building or buildings not exceeding 4,000 square feet of floor area. Chapter 18.66 2 (x/2019) Attachment 2: Zoning Text Amendments 8. Uses listed below carried on in a building or buildings not exceeding 10,000 square feet of floor space to be occupied by any combination of the following uses: a. Manufacturing or production. b. Wholesale sales. c. Mini -storage. d. Truck terminal. e. Farm or contractor equipment storage, sales, service or repair. f. Uses that require proximity to rural resources, as defined in OAR 660-04-022- (3)(a). 9. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 10. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material. 11. Marijuana processing, subject to the provisions of DCC 18.116.330. 12. Marijuana retailing, subject to the provisions of DCC 18.116.330. (Ord. 2019-Oxx x, 2019; Ord. 2016-015 §5, 2016; Ord. 2015-004 §4, 2015; Ord. 2004-002 §16, 2004; Ord. 2001-039 §7, 2001; Ord. 2001-016 §2,2001; Ord. 97-003 §2,1997) Chapter 18.66 3 (x/2019) Attachment 2: Zoning Text Amendments Chapter 18.67. TUMALO RURAL COMMUNITY ZONING DISTRICTS 18.67.020. Residential (TuR) District. 18.67.030. Residential -5 Acre Minimum (TuR5) District. 18.67.040. Commercial (TuC) District. 18.67.020. Residential (TuR) District. B. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.67, 18.116, 18.124, and 18.128: 1. Multi -family dwelling complex. 2. Retirement center or nursing home. 3. ChwehReligious institutions. 4. Cemetery. 5. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 6. Child care center. 7. Public or private school. 8. Park. 9. Public or semi-public building. 10. Utility facility. 11. Water supply or treatment facility. 12. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 13. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining fUr 1`aCI11t1eS, pU11Us, resel Voirs, a11U the Ufi bitc llNc, sivragc, ailu laic ilf cxcavaL,u iiimt xiiai. (Ord. 2019-Oxx fix, 2019; Ord. 2004002 §17, 2004; Ord. 2001-039 §8, 2001; Ord. 2001-016 §2, 2001; Ord. 97-063 §3, 1997; Ord. 97-033 §2, 1997) 18.67.030. Residential -5 Acre Minimum (TuR5) District. B. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.116, 18.124, and 18.128: 1. ChtwehReliQious institutions. 2. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 3. Public or private school. 4. Child care center. 5. Park. 6. Public or semi-public building. 7. Utility facility. 8. Water supply or treatment facility. 9. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 10. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material. (Ord. 2019-Oxx fix, 2019; Ord. 2004002 §18, 2004; Ord. 2001-039 §8, 2001; Ord. 2001-016 §2, 2001; Ord. 2000-033 §11, 2000; Ord. 97-063 §3, 1997; Ord. 97-033 §2, 1997) 18.67.040. Commercial (TuC) District. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable Chapter 18.67 1 (x/2019) Attachment 2: Zoning Text Amendments provisions of DCC 18.116, 18.124, and 18.128: 1. C1tife Relip-ious institutions. 2. Bed and breakfast inn. 3. Child care center. 4. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 5. Park. 6. Public or semi-public building. 7. Utility facility. 8. Water supply or treatment facility. 9. Manufactured home/RV park on a parcel in use as a manufactured home park or recreational vehicle park prior to the adoption of PL -15 in 1979 and being operated as of June 12, 1996 as a manufactured home park or recreational vehicle park, including any expansion of such uses on the same parcel as configured on June 12, 1996. 10. The following uses and their accessory uses may be conducted in a building or buildings not to exceed 4,000 square feet of floor space. a. Farm equipment, sales, service or repair. b. Trailer sales, service or repair. c. Vehicle service or repair. d. Veterinary clinic. 11. The following uses may be conducted in a building or buildings not to exceed 10,000 square feet of floor space: a. Manufacturing or production. b. Wholesale sales. c. Marijuana processing, subject to the provisions of DCC 18.116.330. d. Marijuana retailing, subject to the provisions of DCC 18.116.330. 12. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 13. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material. (Ord. 2019-Oxx fix, 2019; Ord. 2016-015 §6, 2016; Ord. 2015-004 §5, 2015; Ord. 2004-013 §7, 2004; Ord. 2004-002 §19, 2004; Ord. 2001-039 §8, 2001; Ord. 2001-016 §2, 2001; Ord. 2000-033 §11, 2000; Ord. 97-063 §3, 1997; Ord. 97-033 §2, 1997) Chapter 18.67 2 (x/2019) Attachment 2: Zoning Text Amendments Chapter 18.74. RURAL COMMERCIAL ZONE 18.74.020. Uses Permitted — Deschutes Junction and Deschutes River Woods Store. 18.74.027. Uses Permitted — Pine Forest and Rosland. 18.74.020. Uses Permitted — Deschutes Junction and Deschutes River Woods Store. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116, 18.124 and 18.128: 1. A building or buildings not exceeding 3,500 square feet of floor space to be used by any combination of the following uses. a. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. b. Utility facility. c. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). d. Child care center. e. GharehRelipzious institutions. f. School. 2. Recreational vehicle park 3. Mini -storage facilities limited to 35,000 square feet in size. 4. Marijuana retailing, subject to the provisions of DCC 18.116.330. (Ord. 2019-Oxx fix, 2019; Ord Ord. 2016-015 §7, 2016; Ord. 2015-004 §7, 2015; Ord. 2008-008 § 1, 2008; Ord. 2004-002 §20, 2004; Ord. 2002-019 §2, 2002) Section 18.74.027. Uses Permitted — Pine Forest and Rosland. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116, 18.124 and 18.128: 1. A building or buildings each not exceeding 3,500 square feet of floor space to be used by any of the following uses: a. Home occupation as defined in DCC 18.04. b. Utility facility. c. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). d. Child care center. e. ChefehReli6ous institutions. f. School. g. Marijuana retailing, subject to the provisions of DCC 18.116.330. 2. Recreational vehicle park. 3. Mini -storage facilities limited to 35,000 square feet in size. (Ord. 2019-Oxxx�9; Ord Ord. 2016-015 §7, 2016; Ord. 2015-004 §7, 2015, Ord. 2008-008 §1, 2008; Ord. 2007-007 §1, 2007; Ord. 2003-080, §1, 2003) Chapter 18.74 1 (x/2019) Attachment 2: Zoning Text Amendments Chapter 18.80 AIRPORT SAFETY COMBINING ZONE - AS 18.80.022. Definitions. 18.80.044. Land Use Compatibility. 18.80.022. Definitions. BB. Public Assembly Facility. A permanent or temporary structure or facility, place or activity where concentrations of people gather in reasonably close quarters for purposes such as deliberation, education, worship, shopping, employment, entertainment, recreation, sporting events, or similar activities. Public assembly facilities include, but are not limited to, schools, shwfehesrel_ iQious institutions, conference or convention facilities, employment and shopping centers, arenas, athletic fields, stadiums, clubhouses, museums, and similar facilities and places, but do not include parks, golf courses or similar facilities unless used in a manner where people are concentrated in reasonably close quarters. Public assembly facilities also do not include air shows, structures or uses approved by the FAA in an adopted airport master plan, or places where people congregate for short periods of time such as parking lots or bus stops. (Ord. 2019-Oxx §x, 2019; Ord. 2018-006 §10, 2018; Ord. 2001-001 §2, 2001; Ord. 91-020 §1, 1991) 18.80.044. Land Use Compatibility. Applications for land use or building permits for properties within the boundaries of this overlay zone shall comply with the requirements of DCC 18.80 as provided herein. When compatibility issues arise, the Planning Director or Hearings Body is required to take actions that eliminate or minimize the incompatibility by choosing the most compatible location or design for the boundary or use. Where compatibility issues persist, despite actions or conditions intended to eliminate or minimize the incompatibility, the Planning Director or Hearings Body may disallow the use or expansion, except where the action results in loss of current operational levels and/or the ability of the airport to grow to meet future community needs. Reasonable conditions to protect the public safety may be imposed by the Planning Director or Hearings Body. [ORS 836.619; ORS 836.623(1); OAR 660-013-0080] A. Noise. Within airport noise impact boundaries, land uses shall be established consistent with the levels identified in OAR 660, Division 13, Exhibit 5 (Table 2 of DCC 18.80). Applicants for any subdivision or partition approval or other land use approval or building permit affecting land within airport noise impact boundaries, shall sign and record in the Deschutes County Book of Records, a Declaration of Anticipated Noise declaring that the applicant and his successors will not now, or in the future complain about the allowed airport activities at the adjacent airport. In areas where the noise level is anticipated to be at or above 55 DNL, prior to issuance of a building permit for construction of a noise sensitive land use (real property normally used for sleeping or as a school, elmfe institutions, hospital, public library or similar use), the permit applicant shall be required to demonstrate that a noise abatement strategy will be incorporated into the building design that will achieve an indoor noise level equal to or less than 55 DNL. [NOTE: FAA Order 5100.38A, Chapter 7 provides that interior noise levels should not exceed 45 decibels in all habitable zones.] (Ord. 2019-Oxx §x, 2019; Ord. 2018-006 § 10, 2018; Ord. 2001-001 §2, 2001; Ord. 91-020 § 1, 199 1) TABLE 2 --Noise Compatibility* Chapter 18.80 1 (xx/2019) Attachment 2: Zoning Text Amendments Yearly Day -Night Average Sound Levels (DNL) in decibels Land Uses Below 65 65-70 70-75 75-80 80-85 Over 85 Residential Residential, other than mobile homes and transient lodgings Y N(1) N(1) N N N Mobile home parks Y N N N N N Transient lodgings Y N(1) N(1) N(1) N N Public Use Schools Y N(1) N(1) N N N Hospitals and nursing homes Y 25 30 N N N rReligious institutions, auditoriums, and concert halls Y 25 30 N N N Governmental services Y Y 25 30 N N Transportation Y Y Y(2) Y(3) Y(4) Y(4) Parking Y Y Y(2) Y(3) Y(4) N Commercial Use Offices, business and professional Y Y 25 30 N N Wholesale and retail—building materials, Hardware and farm equipment Y Y Y(2) Y(3) Y(4) N Retail trade—general Y Y 25 30 N N Utilities Y Y Y(2) Y(3) Y(4) N Communication Y Y 25 30 N N Manufacturing and Production Manufacturing general Y Y Y(2) Y(3) Y(4) N Photographic and optical Y Y 25 30 N N Agriculture (except livestock) and forestry Y Y(6) Y(7) Y(8) Y(8) Y(8) Livestock farming and breeding Y Y(6) Y(7) N N N Mining and fishing, resource production and extraction Y Y Y Y Y Y Recreational Outdoor sports arenas and spectator sports Y Y(5) Y(5) N N N Outdoor music shells, amphitheaters Y N N N N N Nature exhibits and zoos Y Y N N N N Amusements, parks, resorts and camps Y Y Y N N N Golf courses, riding stables and water recreation Y Y 25 30 N N Chapter 18.80 2 (xx/2019) Attachment 2: Zoning Text Amendments Chapter 18.88. WILDLIFE AREA COMBINING ZONE - WA 18.88.040. Uses Permitted Conditionally. 18.88.040. Uses Permitted Conditionally. A. Except as provided in DCC 18.88.040(B), in a zone with which the WA Zone is combined, the conditional uses permitted shall be those permitted conditionally by the underlying zone subject to the provisions of the Comprehensive Plan, DCC 18.128 and other applicable sections of this title. B. The following uses are not permitted in that portion of the WA Zone designated as deer winter ranges, significant elk habitat or antelope range: 1. Golf course, not included in a destination resort; 2. Commercial dog kennel; 3. Ghtweh; 43. Public or private school; -54. Bed and breakfast inn; 65. Dude ranch; -76. Playground, recreation facility or community center owned and operated by a government agency or a nonprofit community organization; 97. Timeshare unit; 98. Veterinary clinic; 409. Fishing lodge. C. Subject to DCC 18.88.040(E), the following uses are permitted in that portion of the WA zone designated as the Bend/La Pine Deer Migration Corridor as conditional uses: 1. C-hReligious institutions; 2. Public or private school; 3. Bed and breakfast inn; 4. Playground, recreation facility or community center owned and operated by a government agency or a nonprofit community organization; (Ord. 2019-00x fix, 2019; Ord. 2018-003 §1, 2018; Ord. 2001-19 §1, 2001; Ord. 98-013 §1, 1998; Ord. 95- 075 §1, 1995; Ord. 95-001 §3, 1995; Ord. 92-042 §1, 1992) Chapter 18.88 1 (x/2019) Attachment 2: Zoning Text Amendments Chapter 18.108. URBAN UNINCORPORATED COMMUNITY ZONE - SUNRIVER 18.108.030. Single Family Residential — RS District. 18.108.040. Multiple Family Residential — RM District. 18.108.050. Commercial — C District. 18.108.055. Town Center — TC District 18.108.060. Resort - R District. 18.108.110. Business Park— BP District. 18.108.120. Community General — CG District. 18.108.150 Community Neighborhood — CN District. 18.108.030. Single Family Residential - RS District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: 1. Single-family dwelling. 2. Recreational path. B. Conditional Uses Permitted. The following uses may be permitted subject to DCC 18.128 and a conditional use permit: 1. Park, playground and picnic and barbecue area. 2. Fire station. 3. Library. 4. Museum. 5. Health and fitness facility. 6. Utility substations or pumping stations with no equipment storage or sewage treatment facilities. 7. Temporary subdivision sales office. 8. Community building. 9. Chwure tReligious institutions. (Ord. 2019-Oxx §x, 2019; Ord. 2004-013 §11, 2004; Ord. 98-035 §2, 1998; Ord. 97-078 §2, 1997 18.108.040. Multiple Family Residential - RM District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: 1. Two-family dwelling or duplex. 2. Multiple -family dwellings, apartment houses and dwelling groups including townhouses and condominiums. 3. Uses permitted outright in the RS District. 4. Planned unit developments and redevelopment. 5. Recreational path. 6. Residential home. 7. Residential facility. 8. Type 1 Home Occupation, subject to DCC 18.116.280. B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 18.128 and a conditional use permit. 1. Park, playground and picnic and barbecue area. 2. Fire station. 3. Library. 4. Museum. 5. Utility substations or pumping stations with no equipment storage or sewage treatment facilities. 6. Off-street parking lots when contiguous to a less restrictive zoning district. Chapter 18.108 Attachment 2: Zoning Text Amendments (x/2019) 7. Community center. 8. GWire Religious institutions. 9. Temporary sales office for on-site dwelling units. 10. Interval ownership and/or time-share unit or the creation thereof. 11. Health and fitness facility. (Ord. 2019-Oxx §x, 2019; Ord. 2004-002 §22, 2004; Ord. 99-036 §1, 1999; Ord. 97-078 §2, 1997) 18.108.050. Commercial - C District. A. Uses Permitted Outright. Any combination of the following uses and their accessory uses are permitted outright in the C district. 1. Recreational path. 2. Ambulance service. 3. Library. 4. Clwre Religious institutions. 5. Bus stop. 6. Community center. 7. A building or buildings each not exceeding 8,000 square feet of floor space housing any combination of: a. Retail/rental store, office and service establishment. b. Art galleries c. Dry cleaner and/or self-service laundry establishment. d. Radio and television sales and service. e. Radio and television broadcasting studios and facilities, except towers. f. Restaurant, bar and cocktail lounge, including entertainment. g. Automobile service station. h. Technical and business school. i. Catering establishment. j. Crafts in conjunction with retail sales (occurring on premises, such as stained glass/pottery, etc.). k. Medical and dental clinic, office and laboratory. 1. Theater not exceeding 4,000 square feet of floor area. in. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at the same location. 8. Multiple -family residential dwelling units, subject to the provisions of DCC 18.108.050(C)(1). 9. Residential dwelling units constructed in the same building as a commercial use, subject to the provisions of DCC 18.108.050(C)(2). 10. Post Office. 11. Administrative and office facility associated with a community association or community use. 12. Police facility. (Ord. 2019-Oxxx� 2019; Ord. 2016-015 §9, 2016; Ord. 2015-004 §9, 2015; Ord. 2003-026 §1, 2003; Ord. 98-016 §1, 1998; Ord. 97-078 §2,1997) 18.108.055. Town Center — TC District A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright in the TC District. 1. Park or plaza. 2. Library. 3. Community center. 4. Visitors center. Chapter 18.108 Attachment 2: Zoning Text Amendments (x/2019) 5. A building, or buildings each not exceeding 8,000 square feet of floor space, unless approved as a Large Scale Use pursuant to DCC 18.108.055(C), including any of the following uses: a. Retail/rental store, office, civic and service establishment. b. Grocery store. c. Art gallery. d. Restaurant, bakery, delicatessen, pub, cocktail lounge, including entertainment. e. Health care service including medical and dental clinic, office, pharmacy, and laboratory but excluding nursing homes. f. Health & fitness facility. g. Barber, beauty shop or spa. h. Child care center, preschool and daycare facility. i. Bank. j. Post office. k. Veterinary clinic (without animal boarding facilities). 1. Crafts in conjunction with retail sales (occurring on premises such as sculpture, stained glass, pottery, etc.). in. Meeting room, convention and banquet facility. n. Property sales, mortgage, management or rental office. o. Movie theater. 6. Multi -family Residential, subject to paragraphs (E)(1) and (2). 7. Developed recreational facilities, outdoors or in a building or buildings each not exceeding 8,000 square feet of floor space, unless approved as a Large Scale Use pursuant to DCC 18.108.055(C), including, but not limited to the following facilities: a. Indoor and outdoor swimming pools. b. Ice skating rink. c. Indoor and outdoor tennis courts. d. Lndoor and nwtdnnr hagl�etliall rniirt nr ptlher hall f phi e. Physical fitness facilities. f. Park, playground and picnic and barbeque area. g. Walkways, bike paths, jogging paths. h. Bowling alley. i. Arcade. 8. Hotel with up to 100 hotel units in a single building. 9. Mixed Use Structure, subject to the rules of DCC 18.108.055(E)(3) and a limit of 8,000 square feet of floor space for commercial uses listed in DCC 18.108.055(A)(5) or recreational uses listed in DCC 18.108.055(A)(7), unless said uses are approved as large scale uses pursuant to DCC 18.108.055(C). 10. Residential Facility. 11. Senior housing/assisted living or active adult development, excluding nursing homes. 12. Townhomes, subject to paragraphs (E)(1) and (2). 13. Accessory uses to uses permitted outright, including, but not limited to, parking facilities, private roads, storage facilities, trash receptacles and recycling areas. 14. Similar uses to those allowed outright, provided they are approved by the County in the decision approving the Conceptual Site Plan described in DCC 18.108.055(K). 15. Religious institutions. (Ord. 2019-Oxx §x, 2019; Ord. 2016-015 §9, 2016; Ord. 2015-004 §9, 2015; Ord. 2008-015 §2,2008) 18.108.060. Resort - R District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright in the R District: Chapter 18.108 3 (x/2019) Attachment 2: Zoning Text Amendments 1. Resort facility developed in a building or buildings of any size which house any combination of- a. fa. Meeting room, convention and banquet facility. b. Resort recreation facilities. c. Property sales and rental office. d. Hotel, motel and lodging facility with up to 100 units in a single building. e. Maintenance facility associated with resort and recreation operations. f. Storage building necessary for and associated with resort, recreation and/or property development. g. Administrative offices, support and service facilities commonly associated with resort and recreation development and operations. 2. Restaurant, bar and cocktail lounge including entertainment and catering facilities which are included within the same building as any of the uses listed in DCC 18.108.060(A)(1). 3. Retail sales, rental and repair services commonly associated with and included within the same building as any of the uses listed in DCC 18.108.060(A)(1). 4. Interval ownership and/or time-share unit or the creation thereof. 5. Multiple family residential dwelling units subject to and consistent with the standards of the RM District. 6. Recreational path. 7. Residential home. 8. Residential facility. 9. A building or buildings each not exceeding 8,000 square feet of floor space which conform with the height regulations and lot requirements of the R District and house any combination of: a. New restaurant, bar and cocktail lounge, including entertainment and catering facilities which are not included within the same building as those uses listed in DCC 18.108.060(A)(1). b. New retail sales, rental and repair services commonly associated with uses permitted outright or conditionally in the R District which are not included within the same building as those uses l4steA;,, Tl( (' 1R 1nR 0A0(A)(1 B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 18.128 and a conditional use permit: 1. Public buildings and public utility buildings and structures as they may be appropriate to the R District. 2. Qpafe kReligious institutions, club or fraternal organization. 3. School. (Ord. 2019-Oxx §x, 2019; Ord. 97-078 §2, 1997) 18.108.070. Resort Marina - RA District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright in the RA District: 1. Marina. 2. Park, playground and picnic and barbecue area. 3. Recreational path. 4. Restaurant, bar and cocktail lounge existing as of March 31, 1998. 5. Religious institutions. (Ord. 2019-Oxx §x, 2019; Ord. 97-078 §2,1997) 18.108.080. Resort Golf Course - RG District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright in the RG District: 1. Golf course. 2. Golf course accessory uses. Chapter 18.108 Attachment 2: Zoning Text Amendments (x/2019) 3. Recreational path. 4. Religious institutions. (Ord. 2019-Oxx §x, 2019, Ord. 97-078 §2, 1997) 18.108.100. Resort Nature Center - RN District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright in the RN District: 1. Nature center. 2. Recreational path. 3. Observatory. 4. Religious institutions. 5.4. A building or buildings each not exceeding 8,000 square feet of floor space which conform with the height regulations and lot requirements of the RN District and house any combination of: a. Restaurant and food service commonly associated with and customarily appurtenant to the uses permitted outright in the RN District. b. Retail sales, rental and repair services commonly associated with uses permitted outright in the RN District. (Ord. 2019-Oxx §x, 2019, Ord. 97-078 §2,1997) 18.108.110. Business Park - BP District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: 1. Residential uses existing as of March 31, 1997. 2. Administrative, educational and other related facilities in conjunction with a use permitted outright. 3. Library. 4. Recreational path. 5: Post office. 6. ChurehRelig_ ious institutions.' building buildings not o eeding 5,000 square feet o f fl e - 7. A building or buildings each not exceeding 8,000 square feet of floor space housing any combination of- Retail/rental £Retail/rental store, office and service establishment, including but not limited to the following: a. Automobile, motorcycle, boat, recreational vehicle, trailer or truck sales, rental, repair or maintenance business, including tire stores and parts stores. b. Agricultural equipment and supplies. c. Car wash. d. Contractor's office, including but not limited to, building, electrical, plumbing, heating and air conditioning, painter, etc.. e. Construction equipment sales, rental and/or service. f. Exterminator services. g. Golf cart sales and service. h. Lumber yard, home improvement or building materials store. i. Housekeeping and janitorial service. j. Dry cleaner and/or self-service laundry facility. k. Marine/boat sales and service. 1. Restaurant, bar and cocktail lounge including entertainment. p. Marijuana processing cannabinoid concentrates and cannabinoid products, subject to the provisions of DCC 18.116.330. q. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at the same location. 8. A building or buildings each not exceeding 20,000 square feet of floor space housing any combination of: Chapter 18.108 Attachment 2: Zoning Text Amendments (x/2019) a. Scientific research or experimental development of materials, methods or products, including engineering and laboratory research. b. Light manufacturing, assembly, fabricating or packaging of products from previously prepared materials, including but not limited to cloth, paper, leather, precious or semi-precious metals or stones, etc. c. Manufacture of food products, pharmaceuticals and the like, but not including the production of fish or meat products, or the rendering of fats and oils. d. Warehouse and distribution uses in a building or buildings each less than 10,000 square feet of floor area. (Ord. 2019-Oxx x2019; Ord. 2016-015 §9, 2016; Ord. 2015-004 §9; 2015; Ord. 2012-002 §1, 2012; Ord. 97-078 §2,1997) 18.108.120. Community General - CG District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: 1. School. 2. Utility substation, utility equipment storage and repair yard, and pump station. 3. Golf course. 4. Tennis court. 5. Swimming pool. 6. Park, playground and picnic and barbecue area. 7. Nature center. 8. Putting green. 9. Recreational path. 10. Equestrian facility. 11. Boat dock. 12. Health and fitness facilities. 13. Amphitheater. 14. Observatory. 15. Administrative and office facility associated with a community association or community use. 16. Police facility. 17. Fire station. 18. Public works facility. 19. Community center. 20. Chiir-e Religious institutions. 21. Warehouse and storage facilities accessory to and in conjunction with any use permitted outright in this district. 22. Residential home. 23. Residential facility. 24. A building or buildings each not exceeding 8,000 square feet of floor space which conform with the height regulations and lot requirements of the CG District and house any combination of- a. fa. Limited food and beverage service customarily accessory to and in conjunction with any use permitted outright or conditionally in this district. b. Retail sales, rental and repair services commonly associated with uses permitted outright or conditionally in the CG District. (Ord. 2019-Oxx §x, 2019; Ord. 2014-020 §1, 2014; Ord. 97-078 §2, 1997) 18.108.150. Community Neighborhood- CN District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: Chapter 18.108 Attachment 2: Zoning Text Amendments (x/2019) 1. School. 2. Utility substation, pump station and, utility equipment storage and repair yard. 3. Sewage treatment facility. 4. Tennis court. 5. Swimming pool. 6. Park, playground and picnic and barbecue area. 7. Recreational path. 8. Equestrian facility. 9. Health and fitness facility. 10. Amphitheater. 11. Observatory. 12. Chum Religious institutions. 13. Residential home. 14. Residential facility. 15. Daycare facility. 16. Administrative and office facility associated with a community association or community use. 17. Community center. 18. Police facility. (Ord. 2019-Oxx §x, 2019; Ord. 98-016 §3, 1998; Ord. 97-078 §2, 1997) Chapter 18.108 Attachment 2: Zoning Text Amendments (x/2019) Chapter 18.110. RESORT COMMUNITY ZONE 18.110.020. Seventh Mountain/Widgi Creek and Black Butte Ranch Resort Districts. 18.110.020. Seventh Mountain/Widgi Creek and Black Butte Ranch Resort Districts. A. Uses permitted outright. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.110.050: 1. Single-family dwelling. 2. Residential home. 3. Residential facility. 4. Timeshare units existing as of January 1, 1984 at Black Butte Ranch. 5. Timeshare units at the Inn of the Seventh Mountain. 6. The following resort recreational facilities: Recreational path, picnic and barbecue area, park, playground, and sport courts for basketball, volleyball, and similar small-scale recreation activities. 7. Livestock and horse grazing on common area in Black Butte Ranch. 8. Police or security facility. B. Uses permitted subject to site plan review. The following uses and their accessory uses are permitted subject to applicable provisions of DCC 18.110 and DCC 18.116, Supplementary Provisions, and DCC 18.124, Site Plan Review: 1. Resort facility, as that term is defined in DCC Title 18. 2. Resort recreation facilities, as that term is defined in DCC Title 18, except those uses listed in DCC 18.110.020(A)(6). 3. Resort utility facilities, as that term is defined in DCC Title 18. 4. Prop" Lj y' sales and r. ntal office. 5. Hotel or motel. 6. Daycare facility. 7. Fire station. 8. Post office. 9. Multiple -family dwellings. 10. Employee housing. C. Conditional uses permitted. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.110 and DCC 18.116, Supplementary Provisions, DCC 18.124, Site Plan Review, and DCC 18.128, Conditional Use: 1. Chufe Religious institutions. 2. Wireless telecommunications facility. (Ord. 2019-Oxx §1, 2019; Ord. 2014-025 §1, 2014; Ord. 2014-009 §1, 2014; Ord. 2001-048 §2, 200 1) Chapter 18.110 1 (x/2019) Attachment 2: Zoning Text Amendments Chapter 18.116. SUPPLEMENTARY PROVISIONS 18.116.030. Off -Street Parking and Loading. 18.116.030. Off-street Parking and Loading. D. Number of Spaces Required. Off-street parking shall be provided as follows: 1. Residential. Use Requirements One, two and three 2 spaces per dwelling family dwellings unit Multi -family dwelling employees. containing four or more 1 space per guest room dwelling units: or suite plus 1 Studio or efficiency 0.75 space per unit unit owner -manager 1 bedroom 1.00 space per unit 2 bedroom 1.50 space per unit 3 bedroom 2.25 space per unit 4 bedroom 2.50 space per unit Apartment/hotel, 0.50 space guest rooming or boarding parking per dwelling house unit Quad or quint dwelling 4.50 spaces per quad and 5.50 spaces per nnint 2. Commercial Residential. Use Requirements Hotel 1 space per guest room plus 1 space per 2 employees. Motel 1 space per guest room or suite plus 1 additional space for the owner -manager Club or lodge Spaces to meet the combined requirements of the uses being conducted such as hotel, restaurant, auditorium, etc. Fraternity, sorority or 1 space for each 6 dormitory student beds 3. Institutions. Use Requirements Welfare or correctional institution 1 space per 3 beds for patients or inmates Chapter 18.116 1 (x/2019) Attachment 2: Zoning Text Amendments Convalescent Hospital, 1 space per 2 beds for nursing hospital, patients or residents sanitarium, rest home, of bench length in the main home for the aged auditorium or 1 space for Hospital 1.50 spaces per bed 4. Places Of Public Assembly. Use Requirements Gkiff sous 1 space per 4 seats or 8 feet institutions of bench length in the main Bowling alley auditorium or 1 space for each 50 sq. ft. of floor area used for assembly Library, reading 1 space per 400 sq. ft. of room, museum, art floor area plus 1 space per gallery 2 employees Preschool, nursery 2 spaces per teacher or kindergarten Elementary or 1 space per 4 seats or 8 feet junior high schools of bench length in auditorium or assembly room, whichever is greater, plus 1 space per employee. High schools 1 space for each 6 students or 1 space per 4 seats or 8 feet of bench length in the main auditorium, whichever is greater, plus 1 space per employee College or 1 space per 3 seats in commercial school classrooms for adults Other auditorium 1 space per 4 seats or 8 feet or meeting room of bench length. If no fixed seats or benches, 1 space per 60 sq. ftof floor space. 5. Commercial Amusements. Use Requirements Stadium, arena or 1 space per 4 seats or 8 theater feet of bench length Bowling alley 6 spaces per lane, plus 1 space per 2 employees Dance hall or skating 1 space per 100 sq. ft. rink of floor area, plus 1 space per 2 employees. 6. Commercial. Use I Requirements Chapter 18.116 2 (x/2019) Attachment 2: Zoning Text Amendments Grocery stores of 1,500 1 space per 300 sq. ft. sq. ft. or less of gross of gross floor areas floor area, and retail on the largest working stores, except those shift selling bulky 1 space per 2,000 sq. ft. merchandise of floor area Supermarkets, grocery 1 space per 200 sq. ft. stores of gross floor area Service or repair shops, 1 space per 600 sq. ft. retail stores and outlets of gross floor area selling furniture, automobiles or other bulky merchandise where the operator can show the bulky merchandise occupies the major area of the building Bank or office, except 1 space per 300 sq. ft. medical or dental of gross floor area Medical and dental 1 space per 150 sq. ft. office or clinic of gross floor area Eating or drinking 1 space per 100 sq. ft. establishments of gross floor area. Mortuaries 1 space per 4 seats or 8 ft. of bench length in chapels 7. Industrial. Use Requirements Manufacturing 1 space per employee establishment on the largest working shift Storage warehouse, 1 space per 2,000 sq. ft. wholesale of floor area establishment, rail or of gross floor area trucking freight 1 space per 1,000 sq. ft. terminal of gross floor area 8. Aimort Uses. Use Requirements Hangars or tie -downs 1 space per 4 private aircraft occupying a hangar or tie -down space Office 1 space per 300 sq. ft. of gross floor area Aircraft maintenance 1 space per 1,000 sq. ft. of gross floor area Manufacturing, 1 space per 500 sq. ft. Chapter 18.116 3 (x/2019) Attachment 2: Zoning Text Amendments assembly, research I of gross floor area 9. Other uses not specifically listed above shall be provided with adequate parking as required by the Planning Director or Hearings Body. The above list shall be used as a guide for determining requirements for said other uses. (Ord. 2019-Oxx � 1, 2019; Ord. 2010-018 §1, 2010, Ord. 2004-013 §12, 2004; Ord. 2003-005 §2, 2003; Ord. 2002-015 §2, 2002, Ord. 2001-044 §4, 2001; Ord. 97-078 §6, 1997; Ord. 96-003 §7, 1996; Ord. 93-063 §2, 1993; Ord. 93-043 §19, 1993; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991; Ord. 90-017 § 1, 1990) Chapter 18.116 4 (x/2019) Attachment 2: Zoning Text Amendments Chapter 18.124. SITE PLAN REVIEW 18.124.030. Approval Required. 18.124.030. Approval Required. A. No building, grading, parking, land use, sign or other required permit shall be issued for a use subject to DCC 18.124.030, nor shall such a use be commenced, enlarged, altered or changed until a final site plan is approved according to DCC Title 22, the Uniform Development Procedures Ordinance. B. The provisions of DCC 18.124.030 shall apply to the following: 1. All conditional use permits where a site plan is a condition of approval; 2. Multiple -family dwellings with more than three units; 3. All commercial uses that require parking facilities; 4. All industrial uses; 5. All other uses that serve the general public or that otherwise require parking facilities, including, but not limited to, landfills, schools, utility facilities, religious institutions, community buildings, cemeteries, mausoleums, crematories, airports, parks and recreation facilities and livestock sales yards; and 6. As specified for Flood Plain Zones (FP) and Surface Mining Impact Area Combining Zones (SMIA). 7. Non-commercial wind energy system generating greater than 15 to 100 kW of electricity. C. The provisions of DCC 18.124.030 shall not apply to uses involving the stabling and training of equine in the EFU zone, noncommercial stables and horse events not requiring a conditional use permit. D. Noncompliance with a final approved site plan shall be a zoning ordinance violation. U n F ..«....,...,,1 F .,.,., f:.,,, + 1,,A -A Y-%tlf ' 1 Q 1)A !1'2!1(Rl rl,o A7 Li. P13 a 1.V11U1L1V11 V1 0.11111Vv0.1 Vl any aVU011 11VL 111V1UUVU 111 - 1V.1LT.VJV`LJ, L11v 1 lalllllllg L1reVLV1 Vl Hearings Body may require site plan approval prior to the issuance of any permits. (Ord. 2019-Oxx §1, 2019; Ord. 2011-009 §1, 2011; Ord. 2003-034 §2, 2003; Ord. 94-008 §14, 1994; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991; Ord. 86-032 §1, 1986) Chapter 18.124 1 (x/2019) Attachment 2: Zoning Text Amendments Chapter 18.128. CONDITIONAL USE 18.128.080. Chur-eh, Hospital, Nursing Home, Convalescent Home, Retirement Home. 18.128.090. Religious Institutions, Medical Clinic, Veterinary Clinic, Club, Lodge, Fraternal Organization, Community Center, Grange Hall, Golf Course, Horse Stable and Horse Events Requiring Conditional Uses, Grounds and Buildings For Games or Sports, Country Club, Swimming, Boating, Tennis Clubs and Similar Activities, Government Structures and Land Uses, Parks, Playgrounds. 18.128.080. rte; Hospital, Nursing Home, Convalescent Home, Retirement Home. A. Such a use shall be authorized as a conditional use only upon finding that sufficient area is provided for the building, required yards and off-street parking. Related structures and uses such as a manse, parochial school or parish house are considered separate uses and additional lot areas shall be required therefore. B. The applicant shall address the following issues in the application: 1. Probable growth and needs thereof. 2. Site location relative to land uses in the vicinity. 3. Conformity with Deschutes County Road Department standards for proposed access to and from principal streets and the probable effect of the proposal on the traffic volume of adjoining and nearby streets. C. Such uses or related buildings shall be at least 30 feet from a side or rear lot line. D. Except as provided in Section 18.80.028 of the A -S zone, such uses may be built to exceed the height limitations of the zone in which it is located to a maximum height of 50 feet if the total floor area of the building does not exceed the area of the site and if the yard dimensions in each case are equal to at least two-thirds of the height of the principal structure. (Ord. 2019-Oxx x 2019; Ord 2018-003 §2, 2018; Ord. 2006-008 §9, 2006; Ord. 2004-013 §14, 2004; Ord. 98-013 §2, 1998; Ord. 95-075 §1, 1995; Ord. 93-043 §23A, 1993; Ord. 91-020 §1, 1991) 18.128.090. Religious Institution, Medical Clinic, Veterinary Clinic, Club, Lodge, Fraternal Organization, Community Center, Grange Hall, Golf Course, Horse Stable and Horse Events Requiring Conditional Uses, Grounds and Buildings For Games or Sports, Country Club, Swimming, Boating, Tennis Clubs and Similar Activities, Government Structures and Land Uses, Parks, Playgrounds. In considering the above, the Planning Director or Hearings Body may authorize the conditional use after it has been determined that the following will be provided: A. Access from principal streets subject to Deschutes County Road Department standards. B. Off-street parking subject to DCC 18.116.030. C. Building and site design provisions, including landscaping, that will effectively screen neighboring uses from noise, glare, odor and other adverse impacts. D. Playgrounds, recreation facilities and community centers in the Wildlife Area Combining Zone are subject to the provisions of DCC 18.88. (Ord. 2019-Oxx §x, 2019; Ord. 98-013 §§3,1998; Ord. 95-075 §1, 1995; Ord. 91-020 §1, 1991) 18.128 (08/2018) Attachment 2: Zoning Text Amendments Chapter 19.04. TITLE, COMPLIANCE, APPLICABILITY, AND DEFINITIONS 19.04.040. Definitions. 19.04.040. Definitions. As used in DCC Title 19, words in the present tense include the future; the singular number includes the plural and the plural number includes the singular; unless the context clearly indicates the contrary, the word "shall' is mandatory and not discretionary; the word "may" is permissive; the masculine gender includes the feminine and neuter; and the term "this title" shall be deemed to include the text of this title and accompanying zoning maps and all amendments hereafter made thereto. As used in this title, unless the context requires otherwise, the following words and phrases shall be defined as set forth in DCC 19.04.040. "G14—ir-e-A-2 means a peFmanei#ly leea ed building eammonly used for- r-eligietis warship, fWly enelesed Wi "Religious Institutions" mean institutions that have nonprofit status as religious institutions established with the Internal Revenue Service that primarily provide meeting areas for religious assemblies. Examples include churches, temples, s njagogues, and mosques. (Ord. 2019-00x fl, 2019; Ord. 2017-009 §7, 2017; Ord. 2016-016 fl, 2016; Ord. 2014-016 §1, 2014; Ord. 2013-013 §1; Ord. 99-001 §§2-4,1999; Ord. 97-038 §1, 1997; Ord. 97-017 §1,1996; Ord. 96-071 §1D,1996; Ord. 95-045 §15, 1995; Ord. 94 027 §§1 & 2, 1994; Ord. 92-043 §1, 1992; Ord. 91 029 §§1, 8, 9 and 10, 1-9-91-1- -Ord-. 91-QO 1 811-,- 1991; Ord, 90-038 §15 1990; Ord: 90-007 fl, 1990; Ord. 88-042 83, 1988; Ord. 86- 058 §1, 1986; Ord. 86-055 §1, 1986; Ord. 86-033 fl, 1983; Ord. 86-032 fl, 1986; Ord. 86-017 §1 Exhibit a, 1986; Ord. 830945 §1, 1983; Ord. 83-041 §2, 1983; Ord. 80-217 §1 Exhibit A, 1980) Chapter 19.04 1 (x/2019) Attachment 2: Zoning Text Amendments Chapter 19.08. ESTABLISHMENT OF ZONES AND ZONING MAPS 19.08.020. Application of Regulations to Zones Generally. Except as hereinafter otherwise provided: A. No building or part thereof or other structure shall be erected, altered, added to or enlarged, nor shall any land, building, structure or premises be used for any purpose or in any manner that is not included among the uses hereinafter listed as permitted in the zone in which such building, land or premises is located. B. No building or part thereof or structure shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the zone in which such building is located. C. No building or part thereof or structure shall be erected, nor shall any existing building be altered, enlarged, rebuilt or moved into any zone, nor shall any open space be encroached upon or reduced in any manner except in conformity with the yard, setback, building location, site area and coverage requirements hereinafter prescribed for the zone in which such building or open space is located. D. No yard or other open space provided about any building or on any building lot shall be considered as providing a yard or other open space for any other building or any other building lot for the purpose of complying with the provisions of DCC Title 19. E Compliance with the Religious Land Use and Institutionalized Persons Act supersedes all other aspects of DCC Title 19. (Ord. 2019-00x fix, 2019; Ord. 90-038 §1, 1990) Chapter 19.08 1 (6/2018) Attachment 2: Zoning Text Amendments Chapter 19.12. URBAN AREA RESERVE ZONE UAR-10 19.12.030. Conditional Uses. 19.12.030. Conditional Uses. The following conditional uses may be permitted subject to a conditional use permit and the provisions of DCC 19.76 and 19.100. A. Dude or guest ranch. B. Commercial riding stable subject to DCC 19.88.020. C. Livestock sales yard. D. Commercial livestock feeding yard. E. Mining, quarrying or other extraction, processing or refining of ore of other natural resource material subject to DCC 19.88.100. F. Cemeteries and mausoleums, crematories, columbariums and mortuaries within cemeteries provided that no mortuary or crematorium is within 100 feet of a boundary street, or where no street borders the cemetery within 200 feet of a lot in a residential zone and subject to DCC 19.88.030. G. rGhufehesReligious institutions. H. Community buildings, lodge and fraternal organizations, except those carried on as a business for profit. I. Public, parochial and private schools, but not including business, dancing, trade, technical or similar schools. J. Parks and recreation facilities, fire stations, libraries, museums, but not including storage or repair yards, warehouses or similar uses. K. Recreation facility, public or private, but not including such intensive commercial recreation uses as a race track or amusement park. L. Utility substations or pumping stations with no equipment storage and sewage treatment facilities subject to DCC 19.88.120. M. Kennel or animal hospital subject to DCC 19.88.020. N. Planned unit development subject to DCC 19.104. O. Destination resort, where mapped in the Bend Area General Plan destination resort map, subject to DCC 19.106. P. A plant nursery subject to DCC 19.88.180. Q. Time share unit or the creation thereof, subject to DCC 19.88.230. R. Hydroelectric facility subject to DCC 19.88.190. S. Farm stands other than those permitted pursuant to DCC 19.12.020, subject to DCC 19.76 and DCC 19.100.090. (Ord. 2019-00x 0, 2019; Ord. 2008-14 §3, 2008; Ord. 99-001, §3, 1999; Ord. 91-001, §3, 1991; Ord. 88-042 §5, 1988; Ord. 86-017 §3, 1986; Ord. 83-045 §2, 1983; Ord. 81-006 §1, 1981; Ord. 80-217 §1, 1980) Chapter 19.12 1 (x/2019) Attachment 2: Zoning Text Amendments Chapter 19.20. SUBURBAN LOW DENSITY RESIDENTIAL ZONE - SR 2 1/2 19.20.030. Conditional Uses. 19.20.030. Conditional Uses. The following conditional uses may be permitted subject to a conditional use permit as provided in DCC 19.76 and 19.100: A. ChumhesReligious institutions subject to DCC 19.88.040. B. Cemeteries and mausoleums, crematories, columbariums and mortuaries within cemeteries provided that no mortuary or crematorium is within 100 feet of a boundary street, or where no street borders the cemetery, within 200 feet of a lot in a residential district and subject to DCC 19.88.030. C. Community buildings, lodge and fraternal organizations, except those carried on as a business for profit, and subject to DCC 19.88.050. D. Public, parochial and private schools, including nursery schools, kindergartens and day nurseries; but not including business, dancing, trade, technical or similar schools subject to DCC 19.88.160. E. Parks and recreation facilities, fire stations, libraries, museums; but not including storage or repair yards, warehouses or similar uses. F. Recreation facilities, public or private; but not including such intensive commercial recreation uses as a racetrack or amusement park. G. Utility substations or pumping stations with no equipment storage and sewage treatment facilities subject to DCC 19.88.120. H. Keeping of livestock subject to DCC 19.88.070. I. Kennel or commercial riding stable subject to DCC 19.88.020. T Dl.. ,,A ...:+ ao ol., .,4 �„l.;nn4 t., 41,0 .,�f Tl(''('' 1 Q t (ld .1. 1 1Q11111iU Ullll Utivt.lVpl..e--. -J trill lV 1114 prV Y1J1o11J Vl LVA il.1VT. K. Plant nurseries subject to DCC 19.88.180. L. Hydroelectric facility subject to DCC 19.88 and 19.100. M. Time share unit subject to DCC 19.88.230. (Ord. 2019-00x 0, 2019; Ord. 91-001 §5, 1991, Ord. 88-042 §7, 1988; Ord. 86-017 §5, 1986; Ord. 83-045 §3, 1983; Ord. 81-006 §2, 198 1) Chapter 19.20 1 (x/2019) Attachment 2: Zoning Text Amendments Chapter 19.22. WESTSIDE TRANSECT ZONE — WTZ 19.22.030. Conditional Uses. 19.22.030. Conditional Uses. The following uses and their accessory uses may be permitted subject to site plan review and a conditional use permit as provided in DCC 19.76, 19.88, and 19.100: A. Public, parochial and private schools, including nursery schools, kindergartens and day nurseries; but not including business, dancing, trade, technical or similar schools subject to DCC 19.88.160. B. Parks and recreation facilities, community buildings and fire stations; but not including storage or repair yards, warehouses or similar uses. C. Utility facility, including wireless telecommunications facilities, subject to DCC 19.88.120. D. rReligious institutions. (Ord. 2019-00x §1, 2019; Ord. 2019-001 §8, 2019) Chapter 19.22 (x/2019) Attachment 2: Zoning Text Amendments Chapter 19.28. URBAN STANDARD RESIDENTIAL ZONE - RS 19.28.030. Conditional Uses. 19.28.030. Conditional Uses. The following uses may be permitted subject to a conditional use permit and the provisions of DCC 19.76 and 19.100: A. Manufactured home subdivision subject to standards of DCC 19.88.280. B. Chwe Religious institutionses subject to DCC 19.88.040. C. Cemeteries and mausoleums, crematories, columbariums and mortuaries within cemeteries provided that no mortuary or crematorium is within 100 feet of a boundary street, or where no street borders the cemetery, within 200 feet of a lot in a residential district and subject to DCC 19.88.030. D. Public, parochial and private schools, including nursery schools, kindergartens and day nurseries; excluding business, dancing, trade, technical or similar schools subject to DCC 19.88.160. E. Parks and recreation facilities, fire stations, libraries, museums; but not including storage or repair yards, warehouses or similar uses. F. Recreation facilities, including country clubs, golf courses, swimming clubs, tennis clubs; but not including such intensive commercial recreation uses as a racetrack or amusement park. G. Utility substations or pumping stations with no equipment storage or sewage treatment facilities. H. Planned unit developments subject to provisions of DCC 19.104. I. Temporary subdivision tract offices. J. Rear lot development subject to site plan approval as provided in DCC 19.76 and DCC 19.88.130. K. Community buildings, lodge and fraternal organizations, except those carried on as a business for profit aitd Su je�.t to DCC i9.8 Q.v5v. L. Duplex in areas designated RS provided that each lot occupied by a duplex shall have a minimum area of 12,000 square feet. M. Two single-family dwellings on one lot in areas designated RS provided that each lot occupied by two single-family dwellings shall have a minimum area of 12,000 square feet and also provided that all yard and coverage requirements set forth in DCC 19.28.050 are observed. In addition, no dwelling unit shall be located within 10 feet of any other dwelling unit on the same lot. There shall be provided for the rear dwelling unoccupied and unobstructed access not less than 15 feet wide to the street fronting the lot. N. Keeping of livestock subject to DCC 19.88.070. O. Moving in a single-family dwelling built prior to January 1, 1961. P. Manufactured home park subject to DCC 19.88.280. Q. Condominiums. R. Plant nurseries subject to DCC 19.88.180. S. Time share unit or the creation thereof, subject to DCC 19.88.230. T. Hydroelectric facility in accordance with DCC 19.100 and DCC 19.88.190. U. Dwelling groups, subject to the provisions of DCC 19.88.250. V. Radio and television transmission facilities. W. Bed and breakfast inn, subject to the standards set forth in DCC 19.88.260. X. Residential care facility. Y. Zero Lot Line Subdivision or Partition. Regulations for a side yard setback may be waived for an approved zero lot line subdivision or partition. (Ord. 2019-00x K 2019; Ord. 90-038 §1, 1990; Ord. 88-042 §8, 1988; Ord. 86-017 §7, 1986; Ord. 83-045 §5,1983; Ord. 81-006 §4,1981) Chapter 19.28 1 (x/2019) Attachment 2: Zoning Text Amendments Chapter 19.80. OFF-STREET PARKING AND LOADING 19.80.040. Number of Spaces Required. 19.80.040. Number of Spaces Required. Off-street parking shall be provided as follows: A. Residential. One, two and three- 2 spaces per family dwellings: dwelling unit. Multifamily dwelling containing four or more dwelling units: Studio or Efficiency Unit 0.75 space per unit One Bedroom Unit 1.00 space per unit Two Bedroom Unit 1.50 spaces per unit Three Bedroom Unit 2.25 spaces per unit Four Bedroom Unit 2.50 spaces per unit Resident hotel, rooming 0.50 space guest or boarding house parking per dwelling unit Chapter 19.80 1 (x/2019) Attachment 2: Zoning Text Amendments B. Commercial Residential. Hotel 1 space per guest room Institution plus 1 space per 2 employees Motel 1 space per guest room or Nursing Home, suite plus 1 additional Sanitarium, Rest Home, space for the owner or Home for the Aged manager. Club or Lodge Spaces to meet the Elementary or Junior combined requirements of High School the uses being conducted such as hotel, restaurant, auditorium, etc. Fraternity, Sorority 1 space for each 6 student or Dormitory beds C. Institutions. Welfare or Correctional 1 space per 3 beds Institution for patients or inmates Convalescent Hospital, 1 space per 2 beds Nursing Home, for patients or Sanitarium, Rest Home, residents Home for the Aged 2 spaces per teacher Hospital 1.5 s aces er bed D. Places of Public Assemblv. `GlitiiettReiigious i SpaCe per 4 scats or e institutions feet of bench length in the main auditorium Library, Reading 1 space per 400 sq. ft. of Room, Museum, Art floor area plus 1 space Gallery per 2 employees Preschool Nursery or 2 spaces per teacher Kindergarten Elementary or Junior 1 space per employee, or High School 1 space per 4 seats or 8 ft. of bench length in auditorium, whichever is eater High School 1 space per employee plus 1 space for each 6 students, or 1 space per 4 seats or 8 feet of bench length in the main auditorium, whichever is eater College or 1 space per 3 seats in Commercial School classrooms for adults Other Auditorium or 1 1 space per 4 seats or 8 Chapter 19.80 2 (x/2019) Attachment 2: Zoning Text Amendments Meeting Room feet of bench length. If no fixed seats or benches, 1 space per 60 sq. ft. of floor area. E. Commercial Amusement. Stadium, Arena or Theater 1 space per 4 seats or 8 feet of bench length Bowling Alley 6 spaces per lane plus merchandise 1 space per 2 Service or repair shops, employees Dance Hall or Skating 1 space per 100 sq. ft. Rink of floor area plus 1 automobiles or other s ace er 2 em to ees F. Commercial. Retail Store, except 1 space per 300 sq. ft. stores selling bulky of gross floor area merchandise lar est working shift Service or repair shops, 1 space per 600 sq. ft. retail stores and outlets of gross floor area selling furniture, automobiles or other bulky merchandise where the operator can show the bulky merchandise occupies tl�a maim arca of tha building Bank or Office (except 1 space per 300 sq. ft. medical and dental) of Pross floor area Medical or Dental 1 space per 150 sq. ft. Office or Clinic of gross floor area Eating or drinking 1 space per 120 sq. ft. establishments of gross floor area Mortuaries 1 space per 4 seats or 8 feet of bench length in chapels Beauty parlor and 3 spaces for each of the barber shop first 2 beauty or barber chairs, and 1 'h spaces for each additional chair G. Industrial. Manufacturing 1 space per establishment employee on the lar est working shift Storage Warehouse, 1 space per 2,000 sq. wholesale establishment, ft. of gross floor area rail or trucking freight terminal Chapter 19.80 3 (x/2019) Attachment 2: Zoning Text Amendments H. Other uses not specifically listed above shall furnish parking as required by the Planning Commission. The Planning Commission shall use the above list as a guide for determining requirements for said other uses. (Ord. 2019-00x1 2019; Ord. 88-042 §34,1988) Chapter 19.80 4 (x/2019) Attachment 2: Zoning Text Amendments Chapter 19.88. PROVISIONS APPLYING TO SPECIAL USE STANDARDS 19.88.040. Chur-ehes, Hospitals or Other- Religious rnstitittions. 19.88.050. Religious Institutions, Community Buildings, Social Halls, Lodges, Fraternal Organization and Clubs. 19.88.040. rHospitals or Other Religious institutions. In any residential zone, eThospitals or other religious instituti may be located on an arterial or collector street. Such uses may also be located on a local street provided that there is sufficient access to arterial or collector streets and that such uses do not unduly impact residential areas. Access and required off-street parking shall be designed to minimize impact on existing traffic patterns and adjoining properties. All buildings shall be set back 30 feet from side and rear lot lines and all off-street parking facilities shall be screened from abutting properties. No sign shall exceed 10 square feet in size or be internally illuminated. (Ord. 2019-Oxx §x, 2019; Ord. 88-044 §1, 1982) 19.88.050. Relit?ious Institutions, Community Buildings, Social Halls, Lodges, Fraternal Organization and Clubs. All buildings shall be set back a minimum of 30 feet from a side or rear lot line. There shall be no external evidence of any incidental commercial activities taking place within the building. All such uses shall be located on a major street or road and be able to provide access without causing traffic congestion on local residential streets. (Ord. 90-038 §1, 1990) B. Eligibility. Property must be less than four acres in area. Property must be so situated that further subdivision or segregation under terms of other applicable county ordinances and regulations is not possible, either individually or in conjunction with any other adjacent property. Minimum Area: Twice that required by the applicable zone. Minimum Depth: 200 feet. Minimum Width: As required by applicable zones. C. Development Standards. Provided the eligibility requirements are met, a permit may be issued subject to the following standards and criteria: 1. Front Parcel: Minimum Lot Width: Ten feet less than required by applicable zones. Minimum Lot Depth: 100 feet. Yard Requirements: Same as required in applicable zones. 2. Rear Parcel: Access Way Minimum: Twenty feet for first 150 feet; 30 feet if access way is greater than 150 feet. Maximum Access Way Width: Thirty feet. Yard Requirements: No building shall be erected within 10 feet of any property line. Area of rear lot shall be within 15 percent of the area of the front lot. Access way shall be paved and shall be an integral part of the rear lot. Development of property is subject to approval by the Planning Director or Hearings Body. Applicant shall submit a site plan for all buildings, structures and other improvements, such as roadways, walks and parking facilities to the Planning Director or Hearings Body for approval. All improvements made on the property shall conform to the plans as approved by the Planning Director or Hearings Body. (Ord. 2019-Oxx §x, 2019; Ord. 90-038 §1, 1990) Chapter 19.88 1 (3/2008) Attachment 2: Zoning Text Amendments Chapter 19.92. INTERPRETATIONS AND EXCEPTIONS 19.92.030. Exception to Height Regulations. 19.92.030. Exception to Height Regulations. Height limitations set forth elsewhere in DCC Title 19 shall not apply to barns, silos, water towers and tanks or other farm buildings and structures, provided they are not less than 50 feet from every lot line; public schools, chimneys, ehufe religious institutions spires, belfries, cupolas, domes, smokestacks, flagpoles, grain elevators, cooling towers, fire hose towers, masts, aerials, elevator shafts and other similar projections and outdoor theater screens, provided said screens contain no advertising matter other than the name of the theater. This exception does not apply to the solar access provisions of DCC 19.88.210 and 19.88.220. (Ord. 2019-00x 0, 2019; Ord. 92-037 §1, 1992; Ord. 83-041 §19,1983) Chapter 19.92 1 (x/2019) Attachment 2: Zoning Text Amendments Attachment 3: Comprehensive Plan Text Amendments seot'Ow 2.6 WUOUL; Background Wildlife diversity is a major attraction of Deschutes County. It was mentioned in many Comprehensive Plan meetings in 2008 and 2009 as important to the community. Healthy wildlife populations are often a sign of a healthy environment for humans as well as other species. The key to protecting wildlife is protecting the habitats each species needs for food, water, shelter and reproduction. Also important is retaining or enhancing connectivity between habitats, in order to protect migration routes and avoid isolated populations. Wildlife is tied to land use planning because human development impacts habitats in complex ways. Wildlife protections are provided by federal, state and local governments. Oregon land use planning protects wildlife with Statewide Planning Goal 5, Open Spaces, Scenic and Historical Areas and Natural Resources and the associated Oregon Administrative Rule (OAR) 660-023 (this Rule replaced 660-016 in 1996). Statewide Goal 5 includes a list of resources which each local government must inventory, including wildlife habitat. The process requires local governments to inventory wildlife habitat and determine which items on the inventory are significant. For sites identified as significant, an Economic, Social, Environmental and Energy (ESEE) analysis is required. The analysis leads to one of three choices: preserve the resource, allow proposed uses that conflict with the resource or strike a balance between the resource and the conflicting uses. A program must be provided to protect the resources as determined by the ESEE analysis. In considering wildlife habitat, counties rely on the expertise of the Oregon Department of Fish and Wildlife (ODFW) and U.S. Fish and Wildlife Service (USFWS). Those agencies provide information for the required wildlife inventory and recommendations on how to protect wildlife habitat on private lands. Note that this section focuses on wildlife, while fish are covered in the Water Resources section of this Plan. Wildlife Designations Comprehensive Planning for Wildlife Plan 2000, the Comprehensive Plan adopted in 1979, included a Fish and Wildlife Chapter with policies aimed at protecting wildlife. That Plan also noted the controversial nature of wildlife protections. To implement the Plan policies, the Wildlife Area Combining Zone was adopted. This overlay zone was intended to protect identified big game habitat through zoning tools such as appropriate lot sizes and setbacks. In 1986 a River Study was completed and adopted into the Resource Element. Goals and policies from that study, including wildlife goals, were added to Plan 2000. As part of State mandated Periodic Review, the County took another look at wildlife protections to further comply with the requirements of Goal 5 and the then prevailing OAR 660-16. The County worked with the ODFW to obtain the most recent inventory information on fish and wildlife resources in the county and to identify uses conflicting with those resources. This information was used to update the inventories and amend the ESEE analyses. DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.6 WILDLIFE PAGE I OF 10 - EXHIBIT X TO ORDINANCE NO. 2019-00x In addition, ODFW provided information to support zoning ordinance provisions to resolve conflicts between fish and wildlife resource protection and development. The County adopted a Sensitive Bird and Mammal Combining Zone which identified and protected specific bird nests or leks and bat hibernating or nursery sites. Ordinances for Compliance with Goal 5 During periodic review in 1992, Deschutes County met the requirements of Goal 5 by: ■ The adoption of Goals and Policies in Ordinance 92-040 reflecting Goal 5 requirements, including a Sensitive Bird and Mammal Combining Zone to identify and protect specific bird nests or leks and bat hibernating or nursery sites; ■ The adoption of Ordinance 92-041 amended the comprehensive plan to inventory each Goal 5 resource, analyze conflicting uses, and analyze the ESEE consequences of protecting or not protecting inventoried fish and wildlife resources; ■ The adoption of zoning ordinance provisions in Ordinance 92-042, as applied to inventoried sites by the map adopted by Ordinance 92-046. In 2015, the Land Conservation and Development Commission (LCDC) adopted rules to Oregon Administrative Rule (OAR) chapter 660, division 23, to establish procedures for considering development proposals on lands identified as Greater Sage -Grouse Area Habitat. Deschutes County met the requirements by: ■ Adopting the 2015 Goal 5 Greater Sage Grouse habitat Area Inventory Map into its Comprehensive Plan and amending the Sensitive Bird and Mammal Habitat Inventory to remove 1990 sage grouse Iek and range data by Ordinance 2015-010 (Those maps are incorporated by reference herein); and, ■ Adopting sage grouse regulations as a Greater Sage Grouse Area Combining Zone by Ordinance 2015-011. Wildlife Snapshot 2008-2009 Source: County GIS data ■ There are 816,649 acres in Deschutes County's Wildlife Area Combining Zone. ■ There are 40 sites protected by the Sensitive Bird and Mammal Habitat Combining Zone. ■ 76% of County land is owned and managed by the Federal government through the U.S. Forest Service and Bureau of Land Management. Source: Fishing, Hunting, Wildlife Viewing, and Shellfishing in Oregon, 2008 May 2009 Prepared for Oregon Department of Fish and Wildlife by Dean Runyan Associates ■ Nearly $70 million was spent in Deschutes County on travel generated expenditures on wildlife viewing, fishing and hunting by people from over 50 miles away. ■ Over 60% of the $70 million noted above was spent for wildlife viewing, with fishing second with nearly 30% and nearly 10% on hunting. ■ Over $8 million in revenue from fishing, hunting and wildlife viewing came from people who live in the County or within 50 miles of the County. ■ Over 60% of the $8 million noted above was spent on fishing, over 20% was spent on hunting and under 20% was spent on wildlife viewing. ■ All total, over $78 million was spent in Deschutes County on fishing, hunting and wildlife viewing. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.6 WILDLIFE PAGE 2 OF 10 - EXHIBIT x TO ORDINANCE NO. 2019-00x Deer Migration Corridor The Bend/La Pine migration corridor is approximately 56 miles long and 3 to 4 miles wide and parallels the Deschutes and Little Deschutes Rivers. The corridor is used by deer migrating from summer range in the forest along the east slope of the Cascades to the North Paulina deer winter range. Deschutes County adopted a "Deer Migration Priority Area" based on a 1999 ODFW map submitted to the South County Regional Problem Solving Group. This specific sub -area is precluded from destination resorts. Deer Winter Range The ODFW identified the Metolius, Tumalo and North Paulina deer winter ranges during Deschutes County's initial comprehensive plan. The boundaries of these winter ranges are shown on the Big Game Sensitive Area map in the 1978 Comprehensive Plan and have been zoned with the Wildlife Combining Zone since 1979. The winter ranges support a population of approximately 15,000 deer. In 1992, ODFW recommended deer winter range in the northeast corner of the county, in the Smith Rock State Park area, be included in the Deschutes County inventory and protected with the same measures applied to other deer winter range. This area was officially included and mapped on the Wildlife Combining Map when Ordinance 92-040 was adopted by the Board of County Commissioners. Elk Habitat The Land and Resource Management Plan for the Deschutes National Forest identifies 6 key elk habitat areas in Deschutes County. The ODFW also recognizes these areas as critical elk habitat for calving, winter or summer range. The following areas are mapped on the Big Game Habitat Area map and in the Deschutes National Forest Land and Resource Management Plan: ■ Tumalo Mountain ■ Kiwa ■ Ryan ■ Crane Prairie ■ Fall River ■ Clover Meadow Antelope Habitat The Bend and Ochoco District offices of the ODFW provided maps of the antelope range and winter range. The available information is adequate to indicate that the resource is significant. The antelope habitat is mapped on Deschutes County's Big Game Habitat -Wildlife Area Combining Zone Map. Sensitive Birds Nest sites for the northern bald eagle, osprey, golden eagle, prairie falcon, great grey owl, and great blue heron rookeries are inventoried in Ordinance No. 92-041. The area required for each nest site varies between species. The minimum area required for protection of nest sites has been identified by the ODFW in their management guidelines for protecting colony nesting birds, osprey, eagles and raptor nests. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.6 WILDLIFE PAGE 3 OF 10 - EXHIBIT X TO ORDINANCE NO.2019-OOX Federal and State Wildlife Protections Federal Protections The primary federal protection for wildlife is the Endangered Species Act (ESA), which sets the preservation of biodiversity as its highest priority. Under ESA, National Oceanic Atmospheric Administration (NOAA) Fisheries or the U.S. Fish and Wildlife Service (USFWS) list species as threatened or endangered. ESA prohibits both federal actions that jeopardize listed species and private actions that result in the "taking" of listed species. Court rulings have explicitly determined that habitat modification can lead to a "taking," even if the modification does not affect a specific individual member of the species. ESA authorizes civil and criminal suits be brought against entities that violate its substantive or procedural provisions. There are two fish species and one bird species listed as federally threatened or endangered in Deschutes County. Fish are discussed under the Water Resources section of this chapter and the bird, the Northern Spotted Owl, has not been found on private lands. State Protections It is Oregon's policy "to prevent the serious depletion of any indigenous species" (ORS 496.012). The Oregon Department of Fish and Wildlife maintains a list of fish and wildlife species determined to be either threatened or endangered according to OAR 635. When a species population is seriously depleted, recovery can be difficult and expensive as well as socially and economically divisive. To provide a positive approach to species conservation, a "sensitive" species classification was created under Oregon's Sensitive Specie Rule (OAR 635- 100-040). Table 2.7.1 lists species in Deschutes County that are listed by either federal or state wildlife agencies under the above mentioned laws. Besides the listings of endangered or threatened, species can be federally listed as candidate species or species of concern. State listings include threatened, critical and vulnerable. Each status has a definition specifying different actions. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.6 WILDLIFE PAGE 4 OF 10 - EXHIBIT x TO ORDINANCE NO. 2019-00x Table2.6.I- Special Status of Select Mammals, Birds, Amphibians, and Reptiles in Deschutes County 2009 Species i State Status Federal Status Mammals Vulnerable Species of Concern California Wolverine Threatened Species of Concern Fisher Critical -- Fringed Myotis Vulnerable -- Long-eared Myotis -- Species of Concern Long-legged Myotis Vulnerable Species of Concern Pa B t II'da Vulnerable -- Preble's Shrew -- Species of Concern Pygmy Rabbit Vulnerable Species of Concern Silver-haried bat Vulnerable Species of Concern Small -footed Myotis -- Species of Concern Spotted bat Vulnerable -- Townsends western big -eared bat Critical Species of Concern Yuma Myotis -- Species of Concern Birds American Peregrine Falcon Vulnerable Delisted Bald Eagle Threatened Delisted Black Tern -- Species of Concern Black -backed Woodpecker Vulnerable -- Ferruginous Hawk Vulnerable Species of Concern Flammulated Owl Vulnerable -- Great Gray Owl Vulnerable -- Greater Sage Grouse Vulnerable Species of Concern Lewis' YYOOO(7CCKC1 VI ILll.dl JF7C(.ICJ UI l-UIII.CI 11 Loggerhead Shrike Vulnerable -- Long-billed Curlew Vulnerable -- Mountain Quail Vulnerable Species of Concern Northern Goshawk Vulnerable Species of Concern Northern Spotted Owl Threatened Threatened Olive -sided Flycatcher Vulnerable Species of Concern Pileated Woodpecker Vulnerable -- Swainson's Hawk Vulnerable -- Western Burrowing Owl Vulnerable* Species of Concern White -head Woodpecker Critical Species of Concern Willow Flycatcher Vulnerable Species of Concern Yellow -breasted chat -- Species of Concern Yellow -billed cuckoo Vulnerable Candidate Amphibians and Reptiles Cascades Frog Vulnerable Species of Concern Coastal tailed frog Vulnerable Species of Concern Northern Sagebrush Lizard -- Species of Concern Oregon slender salamander Vulnerable Species of Concern Oregon Spotted Frog Critical Candidate Western Pond Turtle Critical -- Western Toad Vulnerable -- * listed only for the Basin and Range Ecoregion Source: 2009 Interagency Report and ODFW DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.6 WILDLIFE PAGE 5 OF 10 - EXHIBIT X TO ORDINANCE NO. 2019-00x Oregon Department of Fish and Wildlife Oregon Conservation Strategy In 2006 the Oregon Conservation Strategy (OCS) was adopted by Oregon's Fish and Wildlife Commission for the state of Oregon. Wildlife and habitat issues are often crisis -driven and focused on individual species. The OSC is intended to provide a long-term, big -picture look, using the best available science, on how best to maintain and improve Oregon's species, habitats and ecosystems. This document is not intended to be a set of regulations, but rather it presents issues, opportunities and recommended actions that can serve as the basis for regional collaborative actions. The recommendations within the OCS can be used to address species and habitat conservation needs, to expand existing partnerships and develop new ones, and to provide a context for balancing Oregon's conservation and development priorities. The future of many species will depend on landowners' and land managers' willingness to voluntarily take action on their own to improve fish and wildlife habitat. The OCS works by defining ecoregions and offering an overview of each region that covers a variety of ecological, land use and economic issues. Parts of Deschutes County fall into three of the ecoregions; East Cascade, Blue Mountains and Northern Basin and Range. For Deschutes County this document offers a wealth of knowledge that can be used to inform fish and wildlife habitat policies and protect and enhance ecosystems. Fish and Wildlife Habitat Mitigation Policy The ODFW's Fish and Wildlife Habitat Mitigation Policy provides direction for their staff to review and comment on projects that may impact fish and wildlife habitat. This policy recognizes six distinct categories of wildlife habitat ranging from Category I — essential, limited, and irreplaceable habitat, to Category 6 — low value habitat. The policy goal for Category habitat is no loss of habitat quantity or quality through avoidance of impacts by using development action if impacts cannot be avoided. The ODFW recommends avoidance of Category I habitats as they are irreplaceable, and thus mitigation is not a viable option. Categories 2-4 are for essential or important, but not irreplaceable habitats. Category 5 habitat is not essential or important, but has high restoration potential. Interagency Report In 2009 the USFW, ODFW, U.S. Forest Service and the Bureau of Land Management collaborated to provide a report on Wildlife in Deschutes County, Updated Wildlife Information and Recommendations for the Deschutes County Comprehensive Plan Update (Interagency Report). This report provided updated information to be used in revising the County Goal 5 inventory. This update will be done as part of the Goal 5 review as described in Section 2.4 of this Plan. The report also outlined numerous issues that the agencies believe are important for the County to address. The Interagency Report generated debate over how best to protect wildlife while also protecting the rights of property owners. Key issues from the report are touched on below. Economic benefits of fish and wildlife: The report notes the ODFW report by Dean Runyan regarding the economic benefits of fishing, hunting and wildlife viewing, including that Deschutes County generated more freshwater fishing revenue than any other county in Oregon. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.6 WILDLIFE PAGE 6 OF 10 - EXHIBIT x TO ORDINANCE NO. 2019-00x Oregon Conservation Strategy: The report discusses the Oregon Conservation Strategy described above and recommends that the County use it as a guide and reference for the maintenance and enhancement of wildlife resources. Threatened and Endangered Species and Species of Concern: The report recommends developing and adopting measures to protect federal and state listed threatened and endangered species to limit conflicting use. Riparian and wetland areas for wildlife and fish: The report recommends completing and adopting a Local Wetland Inventory. The current National Wetland Inventory was done at a scale so that wetlands under 5 acres are not identified. Yet, those wetlands provide significant habitat. Deschutes County adopted a Local Wetland Inventory for South County in 2011. Oregon Spotted Frog. The report recommends adding an Oregon Spotted Frog habitat area to the wildlife area combining zone and provides some specific ideas for protecting those areas. The Oregon Spotted Frog can be found in the floodplains and wetlands along the Deschutes River and Little Deschutes River, south of Bend. Riverine oxbows are particularly key habitat. This frog is listed as a Federal Candidate and State Critical Species. Shrub -Steppe Habitat: The report recommends the County consider impacts to wildlife and habitat when development will degrade shrub -steppe habitat. Shrub -steppe habitat provides needed resources for numerous birds and mammals, including 12 Oregon listed sensitive species, and one threatened species. Large blocks of un -fragmented habitat with low human disturbance are needed to support shrub -steppe wildlife. If avoidance of these areas is not possible, providing for "no net loss' and a "net benefit" (restoration) of shrub -steppe habitat should be a vital component of any conservation plan. Greater Sage Grouse: The report provides recommendations for limiting conflicting uses near sage grouse leks and habitat. The population management objective for sage -grouse in this region (Prineville District), which includes portions of Deschutes and Crook counties, is to restore sage grouse numbers and distribution near the 1980 spring breeding population level, approximately 3,000 birds. Many aspects of human development have impacted sage grouse populations and can be considered conflicting uses. Conservation efforts focused on maintaining large expanses of sagebrush habitat, enhancing the quality of existing habitat, and increasing connections between suitable habitat patches would be most beneficial to maintaining healthy sage -grouse populations. Breeding and nesting habitat is particularly important because it is essential, limited and irreplaceable. Critical Bird and Mammal Sites: The report does not recommend additional or modification of existing protections for site specific sensitive bird and mammal sites, except for additional protections for sage grouse. The report does provide a new inventory and site specific recommendations that will be used to update the list of Goal 5 wildlife resources. Game Species: The report does not recommend changes to the existing big game winter range or migration corridor maps. It does recommend that the County revise the uses allowed in those areas to prohibit the following uses that generate activity, noise and habitat alteration: ■ Guest ranch Outdoor commercial events (i.e. Wedding Venues, Farmers Market) OHV course Paintball course DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.6 WILDLIFE PAGE 7 OF 10 - EXHIBIT X TO ORDINANCE NO. 2019-00x Shooting range Model airplane park BMX course In 2019, stemming from an Oregon Court of Appeals affirming without opinion a Land Use Board of Appeals decision, Deschutes County amended its Wildlife Area Combining Zone to allow churches in deer winter range. elk habitat and antelope range. The reason for the amendment stemmed from the Religious Land Use and Institutionalized Persons Act of 2000 which protects individuals, houses of worship, and other religious institutions from discrimination in zoning laws. Deschutes County determined that allowing churches in the Wildlife Area Combining Zone should be allowed fully, notwithstanding the possible impacts on the winter deer range, elk habitat and antelope range. Sensitive Species: Table 2.7.2 shows species considered sensitive to human disturbance. Mule deer are the only species in decline. Table 2.7.2 - Big Game Population Estimates, Deschutes County (2009) 9,337* 1,500 Cougar —150 Black Bear —150 Silver Grey Squirrel —800 The management objective for the Paulina and Upper Deschutes Wildlife Management Units, primarily in Deschutes County, is an April adult population of 18,7000 mule deer. Source: Interagency Report Fish and Wildlife Habitat Mitigation Policy. The Interagency Report includes one recommendation that is only from the ODFW. They recommend that the County require impact avoidance for development that will impact Category I habitat and require a wildlife mitigation plan for development that will impact habitat Categories 2-5, to limit conflicting uses. The Interagency Report recommendations will be considered more closely when the Goal 5 review is undertaken. Future of Wildlife and Habitat in Deschutes County Coordination Much of the wildlife habitat in Deschutes County is located on public lands. Federal lands make up 76% of County lands with another 3% State or County owned. Federal lands are not subject to County regulation but as noted in the Forest section of this Plan, they are important economic generators that also contribute to the community's quality of life, providing ample opportunities for wildlife viewing, fishing and hunting. It should be noted that not all federal lands are managed for wildlife habitat. Regarding public lands the County's role is to coordinate with the land management agencies to ensure development approved by the County does not impact wildlife. Another area for coordination is with the Trust for Public Lands (TPL). In 2009 this non-profit group initiated a Greenprint effort that will identify specific areas needing protection, including DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.6 WILDLIFE PAGE 8 OF 10 - EXHIBIT x TO ORDINANCE NO. 2019-00x wildlife habitat. A survey done by this organization identified protecting wildlife habitat as important to County residents. Rural Development The loss of wildlife species and habitat may lead to declining recreational opportunities, tourist dollars and quality of life. Yet, many species are sensitive to human development, with some species benefiting and some harmed by land disturbance. New structures or infrastructure can fragment habitats. Barriers such as roads, dams or housing can interfere with migration routes and connectivity leading to isolated and unhealthy populations. Development can also increase non-native and invasive species. Most Deschutes County residents consider the local wildlife as one of the benefits of living in this region. With careful planning, many of the impacts to wildlife habitat can be mitigated. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.6 WILDLIFE PAGE 9 OF 10 - EXHIBIT X TO ORDINANCE NO. 2019-00x sect'Ovu 2.0 WU01Ufe 1>0UG0Les Goals and Policies Goal I Maintain and enhance a diversity of wildlife and habitats. Policy 2.6.1 Goal 5 wildlife inventories, ESEEs and programs are retained and not repealed. Policy 2.6.2 Promote stewardship of wildlife habitats and corridors, particularly those with significant biological, ecological, aesthetic and recreational value. Policy 2.6.3 Ensure Goal 5 wildlife inventories and habitat protection programs are up-to- date through public processes and expert sources, such as the 2009 Interagency Report. Policy 2.6.4 Support incentives for restoring and/or preserving significant wildlife habitat by traditional means such as zoning or innovative means, including land swaps, conservation easements, transfer of development rights, tax incentives or purchase by public or non-profit agencies. Policy 2.6.5 Assist in providing information and education on wildlife and habitat protection. Policy 2.6.6 Review the Oregon Conservation Strategy when amending the Wildlife section of this Plan. Policy 2.6.7 Use a combination of incentives, regulations and education to promote stewardship of wildlife habitat and address the impacts of development. Policy 2.6.8 Balance protection of wilaiife with wildiand fire mitigation on private lands in the designated Wildland Urban Interface. Goal 2 Promote the economic and recreational benefits of wildlife and habitat. Policy 2.6.9 Encourage wildlife related tourism. Policy 2.6. 10 Coordinate with stakeholders to ensure access to significant wildlife and riparian habitat through public or non-profit ownership. Goal 3 Support retaining populations of Federal and State protected endangered species. Policy 2.6.1 1 Develop local approaches, in coordination with Federal and State agencies, for protecting Federal or State Threatened or Endangered Species or Species of Concern. Policy 2.6.12 Address potential conflicts between large-scale development and sage grouse habitat using Ordinances Nos. 2010-010 and 2010-011, which are consistent with OAR 660-023-0115. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 2 RESOURCE MANAGEMENT REFERENCES PAGE 10 OF 10 - EXHIBIT B TO ORDINANCE NO. 2019-00x Sect'ow 3.5 Natu.raL t tazarols T>oU'ctes Goal and Policies Goal I Protect people, property, infrastructure, the economy and the environment from natural hazards. Policy 3.5.1 Adopt by reference the most recent Deschutes County Natural Hazards Mitigation Plan into this Plan. a. Review and evaluate this Section of the Comprehensive Plan every five years. b. Adopt by reference Community Wildfire Protection Plans and revisions into this Plan. Policy 3.5.2 Cooperate and coordinate with stakeholders to: a. Analyze and address natural hazards; b. Raise public awareness of natural hazards; c. Support research or studies on natural hazard issues and solutions. Policy 3.5.3 Coordinate with emergency service providers when new development is proposed. Policy 3.5.4 Provide incentives and if needed regulations, to manage development in areas prone to natural hazards. Policy 3.5.5 Development should be designed to minimize alteration of the natural land form in areas subject to slope instability, drainage issues or erosion. Policy 3.5.6 Critical facilities (schools, religious facilitiesEhUFC:hes, hospitals and other facilities as defined by the Federal Emergency Management Agency) should be located outside high risk natural hazard areas, where possible. Policy 3.5.7 Address wildfire danger particularly in the wildland urban interface. a. Survey and map wildfire hazard at risk areas using the Wildfire Hazard Identification and Mitigation System. b. Survey and map all areas not protected by structural fire protection agencies. Policy 3.5.8 Support forest management practices that reduce severe wildfire hazard areas, as identified by the Wildfire Hazard Identification and Mitigation System, to a low or moderate rating, particularly in areas with development. Policy 3.5.9 Support local fire protection districts and departments in providing and improving fire protection services. Policy 3.5.10 Regulate development in designated floodplains identified on the Deschutes County Zoning Map based on Federal Emergency Management Act regulations. a. Participate in and implement the Community Rating System as part of the National Flood Insurance Program. b. Cooperate with other stakeholders to identify alternatives for acquiring and/or relocating existing structures prone to flooding. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 3 RURAL GROWTH MANAGEMENT SECTION 3.5 NATURAL HAZARDS PAGE I OF 2- EXHIBIT X TO ORDINANCE NO.2019-OOX Policy 3.5.1 1 Review and revise County Code as needed to: a. Ensure that land use activities do not aggravate, accelerate or increase the level of risk from natural hazards. b. Address wildfire concerns to and from development, through consideration of site location, building construction and design, landscaping, defensible space, fuel management, access and water availability. c. Require development proposals to include an impact evaluation that reviews the ability of the affected fire agency to maintain an appropriate level of service to existing development and the proposed development. d. Minimize erosion from development and ensure disturbed or exposed areas are promptly restored to a stable, natural and/or vegetated condition using natural materials or native plants. e. Ensure drainage from development or alterations to historic drainage patterns do not increase erosion on-site or on adjacent properties. f. Make the Floodplain Zone a combining zone and explore ways to minimize and mitigate floodplain impacts. g. Require new subdivisions and destination resorts to achieve FireWise Standards from the beginning of the projects and maintain those standards in perpetuity. 2 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 3 RURAL GROWTH MANAGEMENT SECTION 3.5 NATURAL HAZARDS PAGE 2 OF 2 - EXHIBIT x TO ORDINANCE NO. 2019-00x DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 3 RURAL GROWTH MANAGEMENT REFERENCES sectltow 5.2 ciLossarU awd Acrow�wwwss Glossary Note: Terms defined in Deschutes County Code 18.04 (Zoning Code) are not repeated here, but have the some meaning as DCC 18.04. "Agricultural -tourism" or "Agri -tourism" means a commercial enterprise at a working farm or ranch, operated in conjunction with the primary farm or ranch use, conducted for the enjoyment and/or education of visitors, that promotes successful agriculture, generates supplemental income for the owner and complies with Oregon Statute and Rule. "Aquifer" means a water -bearing rock, rock formation or a group of formations. "Common Area" means `common property' as defined in the Oregon Planned Communities Act at ORS 94.550(7). "Community facilities" means public or privately owned facilities used by the public, such as streets, schools, libraries, parks and playgrounds; also facilities owned and operated by non- profit private agencies such as religious institutions, settlement houses and neighborhood associations. "Comprehensive Plan" means a generalized, coordinated land use map and policy statement of the governing body of a state agency, city, county or special district that interrelates all functional and natural systems and activities relating to the use of lands, including but not limited to sewer and water, transportation, educational and recreational systems and natural resources and air and water quality management programs. "Comprehensive" means all- inclusive, both in terms of the geographic area covered and functional and natural activities and systems occurring in the area covered by the plan. "Generalized" mean a summary of policies and proposals in broad categories and does not necessarily indicate specific locations of any area, activity or use. A plan is "coordinated" when the needs of all levels of governments, semi- public and private agencies and the citizens have been considered and accommodated as much as possible. "Land" includes water, both surface and subsurface, and the air. "Conservation" means limiting or minimizing the use or depletion of natural resources, including such things as land, energy, water or wildlife habitat. "Ecosystem" means the physical and biological components and processes occurring in a given area, which interact to create a dynamic equilibrium. "Findings" means a fact, determination or reason, based on existing information, which, by itself or in conjunction with other findings, leads to a particular conclusion or course of action. "Goal Exception" means a land use process through which a local jurisdiction justifies, based on factual evidence, that a policy embodied in a particular statewide planning goal should not apply to a particular property or set of properties. "Green design" means design and construction practices that significantly reduce the negative impacts of buildings on the environment and occupants. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.11 GOAL 5 ADOPTED ORDINANCES PAGE 1 OF 4 - EXHIBIT X TO ORDINANCE NO.2019-OOX "Groundwater" means water beneath the earth's surface between saturated soil and rock that supplies wells and springs. "Habitat" means a place that provides seasonal or year-round food, water, shelter and other necessities for an organism, community or population of plants and animals. "In -stream" as defined in ORS 537.332, means within the natural stream channel or lake bed or place where water naturally flows or occurs. "Instream flow" means the minimum quantity of water necessary to support the public use requested by an agency. "Police power" means the inherent right of a government to restrict an individual's conduct or his use of his property in order to protect the health, safety, welfare and morals of the community. In the United States, this power must relate reasonably to these ends and must follow due processes of the law; but unlike the exercise of the State's power of eminent domain, no compensation need be paid for losses incurred as a result of police power regulation. "Post -acknowledgement plan amendment" means an amendment to an adopted and acknowledged Comprehensive Plan. "Resort community" means an unincorporated community that was established primarily for and continues to be used primarily for recreation and resort purposes. It includes residential and commercial uses and provides for both temporary and permanent residential occupancy, including overnight lodging and accommodations. "Riparian (zone, habitat, or vegetation)" means of, or pertaining to, the bank of a river, or of a pond or small lake. Riparian habitat is riverbank vegetative cover and tood for many wildlite species. "Rural lands" means those lands outside recognized urban growth boundaries which are necessary and suitable for such uses as: A. Exclusive farm use; B. General agriculture; C. Forest; D. Rural residential; E. Rural service center; F. Destination resort, dude ranch, planned community; G. Landscape management; H. Special interest; I. Open space; J. Fish and wildlife protective area; K. Recreation; L. Surface mining. Industrial, commercial and urban and suburban residential uses are not generally appropriate on rural lands. "Rural service center" means an unincorporated convenience -commercial and residential center of a nature and size only as required to serve the convenience -commercial needs of the DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12LEGISLATIVE HISTORY PAGE 2 OF 4 - EXHIBIT X TO ORDINANCE NO.2019-OOX surrounding rural lands. Planning area boundaries are not the boundaries for rural service centers. "Special District" means any unit of local government, other than a city or county, authorized and regulated by statute, which includes but is not limited to water control, irrigation, port districts, fire, hospital, mass transit and sanitary districts, as well as regional air quality control authorities. "Statewide Planning Goals" means the 19 statewide planning standards adopted by the Land Conservation and Development Commission pursuant to OAR 660-015 to express Statewide policies on land use and related topics. Local comprehensive plans must be consistent with the statewide planning goals. "Surface mining" means all or any part of the process of mining by removal of the overburden and extraction of natural mineral deposits. "Urban Growth Boundary" (UGB) means a boundary established to identify for each city, the land area needed to accommodate 20 years of growth for the city, which is determined to be necessary and suitable for future urban uses capable of being served by urban facilities and services. "Urbanized lands" means those lands within the urban growth boundaries which can be served by urban services and facilities and are necessary and suitable for future expansion of an urban area. "Urban Reserve Area" means a boundary established to identify for each city, the land area needed to accommodate from 20-50 years of growth for the city. Frequently Used Acronyms "BLM" stands for Bureau of Land Management "CCI" stands for Committee for Community Involvement "DCC" stands for Deschutes County Code "DLCD" stands for Oregon Department of Land Conservation and Development. "DEQ" stands for Oregon Department of Environmental Quality "DOGAMI" stands for Oregon Department of Geology and Mineral Industries "ESA" stands for the federal Endangered Species Act "ESEE" stands for Economic, Social, Environmental and Energy in regards to required Goal 5 analyses "FEMA" stands for Federal Emergency Management Agency "LCDC" stands for Oregon Land Conservation and Development Commission "NOAA" stands for National Oceanic Atmospheric Administration "OAR" stands for Oregon Administrative Rules "ODFW" stands for Oregon Department of Fish and Wildlife "ORS" stands for Oregon Revised Statute DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.11 GOAL 5 ADOPTED ORDINANCES PAGE 3 OF 4 - EXHIBIT X TO ORDINANCE NO.2019-OOX "OWRD" stands for Oregon Water Resources Department "RPS" stands for Regional Problem Solving "TSP" stands for Transportation System Plan "UGB" stands for Urban Growth Boundary "URA" stands for Urban Reserve Area "USFS" stands for United States Forest Service "USFWS" stands for United States Fish and Wildlife Service "USGS" stands for United States Geological Survey 4 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION S.I2LEGISLATIVE HISTORY PAGE 4 OF 4 - EXHIBIT X TO ORDINANCE NO.2019-OOX