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2019-500-Minutes for Meeting December 04,2019 Recorded 12/31/2019�wTES c�G BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541 ) 3 88-65 70 Recorded in Deschutes County CJ2019-500 Nancy Blankenship, County Clerk Commissioners'Journal 12/31/2019"12:49:49 PM wyc,�* �kOs t011Zi 2019-500 @a ' O51111 10:00 AM WEDNESDAY, December 4, 2019 BARNES & SAWYER ROOMS Present were Commissioners Patti Adair and Anthony DeBone. Commissioner Henderson was absent, excused. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Keith, Board Executive Assistant. Several citizens were in attendance. This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website http://deschutescountyor.igm2.com/Citizens/Default.aspx CALL TO ORDER: Vice Chair Adair called the meeting to order at 10:00 am PLEDGE OF ALLEGIANCE: CITIZEN INPUT: None offered CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda. Commissioner DeBone noted Item 2 should be placed under a separate section of the agenda to approve as the Governing Body of Extension 4H Service District. BOCC MEETING DECEMBER 4, 2019 PAGE 1 OF 6 DEBONE: Move approval of Consent Agenda, minus Item 2 and amending Items 6 and 7 as requested by Commissioner DeBone. ADAIR: Second VOTE: DEBONE: Yes ADAIR: Vice Chair votes yes. Motion Carried HENDERSON: Absent, excused. Consent Agenda Items: 1. Consideration of Document No. 2019-797, an Economic Development Loan Agreement Amendment with Sudara 2. Consideration of Board Signature of Resolution No. 2019-056, a Resolution Transferring Appropriation with the Deschutes County Extension / 4H District 2019-2020 Budget 3. Approval of Minutes of the November 4, 2019 BOCC Meeting 4. Approval of Minutes of the November 6, 2019 BOCC Meeting 5. Approval of Minutes of the November 12, 2019 BOCC Meeting 6. Approval of Minutes of the November 13, 2019 BOCC Meeting 7. Approval of Minutes of the November 18, 2019 BOCC Meeting ACTION ITEMS: CONVENE AS THE GOVERNING BODY OF THE EXTENSION 4H COUNTY SERVICE DISTRICT Consideration of Board Signature of Resolution No. 2019-056, a Resolution Transferring Appropriation with the Deschutes County Extension / 4H District 2019-2020 Budget DEBONE: Move approval of Resolution No. 2019-056 ADAIR: Second VOTE: DEBONE: Yes ADAIR: Vice Chair votes yes. Motion Carried HENDERSON: Absent, excused. BOCC MEETING DECEMBER 4, 2019 PAGE 2 OF 6 RECONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY 8. Consideration of Signature of Document No. 2019-810, Intent to Award Contract for Cell 8 Construction Solid Waste Operations Director Timm Schimke reported on the request for proposals for this project at Knott Landfill. The low qualified bidder was Scarsella Bros. DEBONE: Move approval of Document No. 2019-810 ADAIR: Second VOTE: DEBONE: Yes ADAIR: Vice Chair votes yes. Motion Carried HENDERSON: Absent, excused. 9. Consideration of Approval to Partner with FUSE for Grants for the Benefit of Homeless Individuals Health Service Department staff Dr. George Conway and Molly Wells Darling presented the request for consideration. DEBONE: Move to approve Health Department participation with grant application. ADAIR: Second VOTE: DEBONE: ADAI R: HENDERSON: Yes Vice Chair votes yes. Motion Carried Absent, excused. BOCC MEETING DECEMBER 4, 2019 PAGE 3 OF 6 10.DELIBERATIONS: Consideration of Board Signature of Document No. 2019-047, an Outdoor Mass Gathering Permit for the 2020 4 Peaks Music Festival Kyle Collins, Community Development Department Planner presented the matter for deliberations and reviewed the single additional permit condition which is proposed for the current permit (and which was not included in the permit that was approved last year). Commissioner Adair supports continuing this item to Wednesday, December 11, 2019 when Commissioner Henderson will be present. 11.PUBLIC HEARING: Split Zone Amendments / Piped Irrigation Canal Amendments Tanya Saltzman, Community Development Department Planner, presented the hearing outline. There being no stated conflicts, biases or challenges, Commissioner Adair opened the public hearing. Ms. Saltzman provided the staff report. Fred and Theresa Netter provided testimony and expressed gratitude that the Commissioners are hearing this matter. Mr. Netter explained the family history needs relative to this process. Liz Fancher, attorney representing the Netters provided testimony and the history of the Netter's property. Ms. Fancher requested that the Commissioners approve the text amendments. Upon hearing no further testimony, the Board closed the oral and written record. Deliberations will be scheduled for the BOCC Meeting on December 11, 2019. BQCC MEETING DECEMBER 4, 2019 PAGE 4 OF 6 12.DELIBERATIONS: Religious Institution Text Amendment Peter Gutowsky, Community Development Department Planning Manager presented the matter for deliberations. Commissioner Adair supports continuing this item to the BOCC Meeting on December 18, 2019. OTHER ITEMS: • Commissioner DeBone acknowledged there is an extended invitation to attend the Oregon Business Summit scheduled for December 16, 2019 in Portland and may require overnight lodging. • County Administrator Anderson reported on an agreement for the emergency winter cold weather warming shelter with Neighborlmpact and a proposed property donation agreement with the City of Redmond. • County Administrator Anderson and County Counsel Doyle requested timely Board action to designate the 2020 Chair and Vice Chair. • Commissioner Adair acknowledged the extended hours of the Deschutes County Veterans Services office beginning in January. BOCC MEETING DECEMBER 4, 2019 PAGE 5 OF 6 Being no further items to come before the Board, the meeting \/\/as adjourned at 10:54 a.m. f r__ Day o DATED this J2019 for the Deschutes County Board of _ ) _ Commissioners. PHILIP G. ENDERSON, CHAIR PATTI ADAIR, VICE CHAIR ATTES RECORDING SECRETARY BOCC MEETING DECEMBER 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 10:00 AM, WEDNESDAY, DECEMBER 4, 2019 Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend This meeting is open to the public, usually streamed live online and video recorded. To watch it online, visit www.deschutes.org/meetinjzs. 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 PLEDGE OF ALLEGIANCE CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Please complete a sign-up card (provided), and give the card to the Recording Secretary. Use the microphone and clearly state your name when the Board Chair calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing not being conducted as a part of this meeting will NOT be included in the official record of that hearing. If you offer or display to the Board any written documents, photographs or other printed matter as part of your testimony during a public hearing, please be advised that staff is required to retain those documents as part of the permanent record of that hearing. CONSENT AGENDA 1. Consideration of Document 2019-797, an Economic Development Loan Agreement Amendment with Sudara Board of Commissioners BOCC Meeting Agenda Wednesday, December 4, 2019 Page 1 of 3 2. Consideration of Board Signature of Resolution No. 2019-056, a Resolution Transferring Appropriation Within the Deschutes County Extension/4H District 2019-2020 Budget. 3. Approval of Minutes of the November 4, 2019 BOCC Meeting 4. Approval of Minutes of the November 6, 2019 BOCC Meeting 5. Approval of Minutes of the November 12, 2019 BOCC Meeting 6. Approval of Minutes of the November 13, 2019 BOCC Meeting 7. Approval of Minutes of the November 18, 2019 BOCC Meeting ACTION ITEMS 8. 10:10 AM Consideration of Signature of Document No. 2019-810, the Intent to Award Contract for Cell 8 Construction - Timm Schimke, Director of Solid Waste 9. 10:25 AM Consideration of Approval to Partner with FUSE for Grants for the Benefit of Homeless Individuals - Molly Darling, Behavioral Health Program Manager 10. 10:40 AM DELIBERATIONS: Consideration of Board Signature of Document No. 2019-047, an Outdoor Mass Gathering Permit for the 2020 4 Peaks Music Festival - Kyle Collins, Assistant Planner 11. 11:10 AM PUBLIC HEARING: Split Zone Amendments / Piped Irrigation Canal Amendments - Tanya Saltzman, Associate Planner 12. 11:45 AM DELIBERATIONS: Religious Institution Text Amendments - Peter Gutowsky, Planning Manager LUNCH RECESS 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. Board of Commissioners BOCC Meeting Agenda Wednesday, December 4, 2019 Page 2 of 3 ADJOURN To watch this meeting on line, go to: www.deschutes.org/meetings Please note that the video will not show up until recording begins. You can also view past meetings on video by selecting the date shown on the website calendar. Deschutes County encourages persons with disabilities to participate in all programs and activities. 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 (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Board of Commissioners BOCC Meeting Agenda Wednesday, December 4, 2019 Page 3 of 3 v`C ES CMG 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 Wednesday Meeting of December 4, 2019 DATE: November 25, 2019 FROM: Kathe Hirschman, Health Services, 541-322-7504 TITLE OF AGENDA ITEM: Consideration of Approval to Partner with FUSE for Grants for the Benefit of Homeless Individuals RECOMMENDATION & ACTION REQUESTED: Staff request approval to partner with Frequent Users System Engagement (FUSE) to apply for and accept the Substance Abuse and Mental Health Services Administration (SAMSHA) funding to create a Coordination, Outreach, Referral and Engagement (CORE) team dedicated to assisting homeless individuals access and engagement in treatment. FUSE is a group of stakeholders from the City of Bend and Deschutes County, along with healthcare providers and social service organizations, who began meeting to address the growing concern for people experiencing chronic homelessness in Bend and Central Oregon. The group formed a non-profit organization with the mission to mobilize resources to provide housing and supportive services for people experiencing long-term homelessness to improve community health, safety and stability. FUSE will be the primary applicant for the grant. If the grant is awarded, FUSE will contract with Deschutes County Health Services to provide the services for the project. BACKGROUND AND POLICY IMPLICATIONS: The Substance Abuse and Mental Health Services Administration (SAMSHA) and Center for Substance Abuse Treatment (CSAT) are accepting applications for fiscal year 2020 Grants for the Benefit of Homeless Individuals (GBHI). The purpose of the GBHI program is to support the development and/or expansion of local implementation of a community infrastructure that integrates substance use disorder treatment, housing services and other critical services for individuals and families experiencing homelessness. An eligible applicant must be a non-profit organization while the provider of services must have at least two years of experience providing relevant services. FUSE will be applying for the grant and partnering with Deschutes County Health Services and BestCare Treatment Services, Inc., to provide the services. Deschutes County Health Services (DCHS) proposes to use these funds to hire a full-time Project Director and two Peer Support Specialists who will connect with individuals experiencing homelessness and substance use disorder and/or severe mental Illness. FUSE will contract with DCHS to provide these services. Focus of services will be on increasing engagement in substance use and mental health treatment, assisting individuals with gaining entitlements and connecting individuals with housing. This grant opportunity addresses the Regional Health Improvement Plan goal of increasing screenings for depression, anxiety, suicidal ideation, and substance use disorders. It also addresses the following DCHS Strategic Plan goals: ® Increase access to services in the community and improve health through collaboration with community partners, and ® Ensure clients and the community experience a streamlined and coordinated system of services by: o Implementing, providing, and supporting a full continuum of screening, referral, evidence -based services, and best practices, and o Increasing use and ease of access to appropriate services by underserved, marginalized, and at -risk populations. FISCAL IMPLICATIONS: The grant opportunity is for $400,000 per year for up to five years, with Deschutes County Health Services receiving the bulk of funds as shown in the table below. Adult Intensive, Grants for the Benefit of Homeless Individuals (GBHI) Fiscal Years 2020 - 2025, 4/30/20 - 4/30/25 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 . Wages $ 39,362 $ 160,202 $ 171,457.95 $ 183,586 $ 196,437 $ 154,930 Benefits $ 26,511 $ 107,900 $ 115,481.59 $ 123,650 $ 132,306 $ 104,349 Travel $ 12,558 $ 5,191 $ 5,295 $ 5,401 $ 5,509 $ - Contract Services $ - $ - $ - $ - $ - Equipment $ 28,000 Supplies $ 7,824 $ 2,130 $ 2,172 $ 2,216 $ 2,260 $ - Total Indirect (10% de-minimus) (allows $2,500 for contracts) $ 11,425 $ 27,542 $ 29,441 $ 31,485 $ 33,651 $ 25,928 Total Costs $ 125,680 $ 302,965 $ 323,848 $ 346,339 $ 370,164 $ 285,207 $ 1,754,203 ATTENDANCE: Molly Wells Darling, LCSW, Health Services Program Manager vT E S COG 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 Wednesday Meeting of December 4, 2019 DATE: November 25, 2019 FROM: Kyle Collins, Community Development, 541-383-4427 TITLE OF AGENDA ITEM: Consideration of Board Signature of Document No. 2019-047, an Outdoor Mass Gathering Permit for the 2020 4 Peaks Music Festival APPLICANT: 4 Peaks Presents, LLC (Stacy Totland) AGREEMENT TIMEFRAME: June 13, 2020 to June 22, 2020 (Music Festival is from June 18, 2020 to June 21, 2020) INSURANCE: Fourteen days prior to the event, 4 Peak Presents, LLC shall obtain and provide the Community Development Director for approval a Special Events Insurance policy that provides general liability of $1,000,000 per occurrence naming Deschutes County, its officials, agents and employees as an additional insured on the endorsement. The policy shall provide payment of claims within the 180 -day period after the scheduled termination of the event. Insurance Review Required by Risk Management: Yes BACKGROUND AND POLICY IMPLICATIONS: Before the Board is the consideration of approval of Document No. 2019-047, an Outdoor Mass Gathering permit for the 2020 4 Peaks Music Festival on a Bend -area property. On November 25, 2019, the Board held a public hearing regarding an Outdoor Mass Gathering permit (File No. 247-19-000690-OMG) filed by 4 Peaks Presents, LLC. The Board conducted a hearing and closed the oral and written records at the end of the public hearing. ATTENDANCE: Kyle Collins, Associate Planner. RECOMMENDATION & ACTION REQUESTED: Make a decision based on the existing record and written and oral testimony. Ike STAFF REPORT TO: Board of County Commissioners FROM: Kyle Collins, Associate Planner DATE: November 25, 2019 RE: Board Deliberation for an Outdoor Mass Gathering, File No. 247-19-000690-OMG PURPOSE The Deschutes Board of County Commissioners ('Board") is hearing a proposal by Peaks Presents, LLC for an Outdoor Mass Gathering (OMG) permit. The applicant proposes to hold a music festival from June 13-21, 2020 on a 150-acre parcel owned by DM Stevenson Ranch, LLC. The music festival, 4 Peaks Music Festival, would include RV and tent camping, parking, and food and drink for an estimated 3,000 people. On November 25, 2019, the Board conducted a public hearing and closed both the oral and written records at the end of the hearing. The Board will deliberate on December 4, 2019 at 10:00 a.m. The purpose is to discuss submitted comments submitted to the record and supplemental information raised during the Board's public hearing. Below is a summary of supplemental information and submitted comments. SUPPLEMENTAL INFORMATION At the November 25 public hearing, the Board requested additional information regarding fire protection, public safety, and security personnel. Outdoor Mass Gathering - Fire Protection Standards Deschutes County Code (DCC) Section 8.16.230 provides approval criteria for fire protection. As noted in the November 18, 2019 Staff Memorandum to the Board, the following conditions apply to the OMG permit: • All fire hydrants, fire sprinkler, and/or standpipe system connections are to remain readily visible, accessible, and unobstructed and shall be accessible with an unobstructed circumferential distance of three feet. 1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 ( P.O. Box 6005, Bend, OR 97708-6005 �Z� (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd • Fire and emergency access roads shall have an unobstructed width of not less than 20 feet and a vertical clearance of not less than 13 feet, 6 inches. Barricades shall be approved prior to erecting. The emergency access roads shall remain open at all times. • Vendors cooking outdoors shall comply with the Bend Fire Department and the City of Bend "men Cooking Concession Requirements." • Non fixed food concession such as enclosed trailers, buses, and vans shall comply with the Bend Fire Department and the City of Bend "Non -Fixed Food Concession Requirements." • All tents, canopies, and temporary structures shall comply with the Bend Fire Department regulations. • Campfires, bonfires and other recreational open burning are prohibited. • The Outdoor Mass Gathering shall have at least one first aid station staffed by two adult individuals trained in first aid techniques for the duration of the event. The first aid station shall include an Automated External Defibrillator (AED) device with AED device trained staff. Ambulance service shall be provided by Bend Fire Station #303 located at 61080 Country Club Drive, approximately 2.0 miles from the event site, or the next available responding ambulance unit. In addition, the proposed site plan for the event includes an additional emergency access point from Knott Road, which is approximately 1,200 feet west of the primary access point, and the OMG permit requires the event organizer to receive final approval by the Bend Fire Department no later than June 17, 2020. Finally, staff notes that the submitted application materials include approval from Larry Medina, the Deputy Chief of Fire Prevention for the City of Bend Fire Department, for the proposed fire protection plan. Outdoor Mass Gathering - Public Safety Deschutes County Code Section 8.16.250 provides approval criteria for public safety and security. The applicant submitted a security plan that includes a contract with Dark Eden Inc. (Donal Liebermann) to provide public safety and security. The applicant states that a minimum of six (6) uniformed licensed security personnel will be on duty during the event with additional on -call staff available. Additional security personnel will be added, if necessary, to maintain the ratio of one security personnel to 100 persons in attendance. As noted in the November 18, 2019 Staff Memorandum to the Board, the following conditions apply to the OMG permit: Security for the event will be provided by Dark Eden Inc. with clearly marked security officers. Security will be in place at all times. The applicant shall provide one crowd control person for each 100 persons, expected or reasonably expected to be in attendance at any time during the Outdoor Mass Gathering. Thirty days prior to the event, the applicant shall submit to the Community Development Director and County Sheriff, the names and necessary background information for all traffic - control and crowd -control personnel to be utilized during the Outdoor Mass Gathering. Finally, staff notes that the submitted application materials include approval from Captain Paul Garrison, Sheriff's Office, for the proposed for the proposed public safety plan. 247-19-000690-OMG Page 2 of 4 Written Testimony Below is a summary of written testimony submitted into the record prior to and during the public hearing on November 25, 2019. (Attachment 1). Dave Ledder electronic letter dated October 28 2019 - Dave Ledder is the owner of property at 21110 Sholes Road, Bend. Mr. Ledder expressed general support for the applicant and the 4 Peaks Music Festival. Angela Quail electronic letter dated October 30, 2019 - Angela Quall is the owner of property at 61404 Blakely Road, Bend. Ms. Quall expressed general support for the applicant and the 4 Peaks Music Festival. Sean Miller electronic letter dated October 31 2019 - Sean Miller is Portland, OR resident. Mr. Miller expressed general support for the applicant and the 4 Peaks Music Festival. Ron Reynolds electronic letter dated November 4, 2019 - Ron Reynolds is the owner of High Desert Hotels. Mr. Reynolds expressed general support for the applicant and the 4 Peaks Music Festival. Peter Geiser electronic letter dated November 17 2019 - Peter Geiser is a Bend, OR resident. Mr. Geiser expressed general support for the applicant and the 4 Peaks Music Festival. Nicole Baumann electronic letter dated November 20 2019 - Nicole Baumann is a Bend, OR resident. Ms. Baumann expressed general support for the applicant and the 4 Peaks Music Festival. Myles Conway electronic letter dated November 22, 2019 - Myles Conway is an attorney representing Pape Properties, LLC, the owners of multiple properties located approximately 1,300 feet south of the proposed event location. The two closest properties to the proposed Outdoor Mass Gathering are identified as 21075 and 21085 Sholes Road, Bend. Mr. Conway discussed a varietyof concerns including traffic impacts, attendant trespassing to neighboring properties, public health and safety, impacts on wildlife resources and livestock, and fire danger. Steven and Kathy Minar written testimony during the public hearing dated November 25, 2019 - Steven and Kathy Minar, owners of property at 60700 Heidi Lane, Bend, are the closest neighbors to the proposed event. The Minars discussed a variety of concerns including traffic impacts on Knott Road and Heidi Lane, alcohol and drugs, health, safety, trash, fire, noise, and direct personal impact to family and animals. Anne Van Dusen electronic letter dated November 25 2019 - Anne Van Dusen is the owner of property at 1150 NW Redfield Circle, Bend. Ms. Van Dusen expressed general support for the applicant and the 4 Peaks Music Festival. 247-19-000690-OMG Page 3 of 4 RECOMMENDATION Staff believes that 4 Peaks Presents, LLC has demonstrated compliance with or has the ability to comply through conditions of approval the approval criteria outlined in Chapter 8.16 for Outdoor Mass Gatherings. As required in DCC 8.16.280, the applicant grants access to the premises for inspection purposes by law enforcement, public health, and fire control officers based on the terms and conditions of approval of the permit. If deficiencies are identified following an inspection, the inspector may return as often as needed until deficiencies are resolved. If deficiencies are not resolved, the County Sheriff may terminate the Outdoor Mass Gathering. Notwithstanding ORS 433.750(1)1, staff recommends the Board make a decision on the Outdoor Mass Gathering permit, Document No. 2019-047 (Attachment 2), based on the existing record and written and oral testimony. Attachments 1. Public Comments received until November 25, 2019 2. Draft OMG permit, Document No. 2019-047 '433.750 Permit application; procedure for issuance of permit; fee. (1) The governing body of a county in which an outdoor mass gathering is to take place shall issue a permit upon application when the organizer demonstrates compliance with or the ability to comply with the health and safety rules governing outdoor mass gatherings to be regulated according to the anticipated crowd and adopted by the Oregon Health Authority.... 247-19-000690-OMG Page 4 of 4 Kyle Collins From: Cynthia Smidt Sent: Monday, October 28, 2019 4:40 PM To: Kyle Collins Subject: FW: 4peaks music festival For you. -----Original Message ----- From: Tony DeBone <Tony.DeBone@deschutes.org> Sent: Monday, October 28, 2019 4:27 PM To: 'Cynthia Ledder' <cynalittle@me.com> Cc: Cynthia Smidt <Cynthia.Smidt@deschutes.org> Subject: RE: 4peaks music festival Mr. Ledder, Thank you for the note. Have a great day! Anthony (Tony) DeBone Commissioner 1300 NW Wall St. Suite 200 1 Bend, Oregon 97703 Tel: (541) 388-6568 Enhancing the lives of citizens by delivering quality services in a cost-effective manner. -----Original Message ----- From: Cynthia Ledder <cynalittle@me.com> Sent: Monday, October 28, 2019 2:18 PM To: Tony DeBone <Tony.DeBone@deschutes.org> Subject: 4peaks music festival [EXTERNAL EMAIL] Board members I live on Sholes Road, directly behind the Stevenson ranch where the festival is held. I totally support Stacy and her team for the great job they do putting together a family friendly festival. I hope they are again granted their permit, they deserve it. Dave Ledder 21110 Sholes rd. Bend i Kyle Collins From: Sent: To: Cc: Subject: [EXTERNAL EMAIL] Dear Commissioners, Angela Quail <studiog97702@gmail.com> Wednesday, October 30, 2019 1:02 PM Phil Henderson Patti Adair; Tony DeBone; Kyle Collins 4 Peaks Music Festivals My name is Angela Quail. I am a 6th generation Oregonian, as well as a Deschutes County resident and a business owner (Studio Q Salon in the Box Factory) in Bend. I am writing on behalf of 4 Peaks Music Festival. I have attended 4 Peaks without fail since its inception. I believe it's been 13 years! Watching it grow and serve our community celebrating live music has been wonderful! Every year gets better and more organized. I love the pack it in - pack it out policy as well as the kind regard for all neighbors. The peaceful tribe of people who come from near and far to gather is exceptional. We travel extensively to music events, and this little gem is on the top of our list! 4 peaks really brings the community together and creates a wholesome experience for ALL ages, races, genders and walks of life. I believe Bend and Deschutes county are truly lucky to have a cultural event of this caliber. The Stevens Ranch is an ideal setting and we are grateful to be a part of it. I suggest you attend to experience the magic for yourself.....:) I hope you will take this into consideration during your upcoming vote. Thank you for your time and service to all Deschutes County residents! Kind regards, Angela Quail 61404 Blakely Rd Bend, Oregon 97702 541-420-7371 Kyle Collins From: Sean Miller <sean@thericallc.com> Sent: Thursday, October 31, 2019 11:20 AM To: Phil Henderson; Patti Adair; Tony DeBone; Kyle Collins Subject: Support for the 2020 4 Peaks Music Festival! [EXTERNAL EMAIL] Board Members - I'm writing to you in support of the 4 Peaks Music Festival andI would like to voice my opinion in favor of the festival. I have attended the festival for the last 9 years and it's one of my favorite reasons of visiting the greater Bend area. Not only has the festival become an annual pilgrimage for my family, but it has allowed us to discover what Deschutes County has to offer. In fact, we're currently looking at some vacation property within the county. I'm in support of this festival. It's a family festival where my friends from all over the state come to the Bend to enjoy live music,friendship and create memories. Every event, no matter the type event, is sure to have its share of negatives. But when the positives outweigh the negatives it's easy to be in favor of the event. Over the last 9 years, I have witnessed 4 Peaks grow into an unbelievable event. One that welcomes all,provides a family friendly environment, attracts great music acts, and all around a great time. In my opinion, not only should 4 Peaks be granted their permit because they met all of the requirements, but because Bend needs more festivals like 4 Peaks. Thank you for your time and I look forward to this year's 4 Peaks. cheers, Sedn Miller Portland, OR sean( a,thericallc.com 503-388-7092 - OR Office Kyle Collins From: Ron Reynolds <ron@highdeserthotels.com> Sent: Monday, November 4, 2019 3:55 PM To: Phil Henderson; Patti Adair; Tony DeBone; Kyle Collins Subject: Support for 4 Peaks Music Festival Mass Gathering Permit 2020 [EXTERNAL EMAIL] Hello, I am emailing my support to allow 4 Peaks Music Festival mass gathering permit for 2020. 1 have been a Bend resident since 2002 and have attended all of Stacy's 4 Peaks events since they started at the Rocking R Ranch and now Stevenson Ranch. She provides an exemplary example of how a family oriented gathering should take place and has my full support. Best Regards, Ron Reynolds High Desert Hotels 541.480.0416 Kyle Collins From: Peter Geiser <geiserbend@gmail.com> Sent: Sunday, November 17, 2019 11:06 AM To: Phil Henderson; Patti Adair; Tony DeBone; Kyle Collins Cc: a -Peter Geiser; 4 Peaks Festival Subject: 4 Peaks Music Festival - pending permit [EXTERNAL EMAIL] Dear Commissioners, I am writing to support Deschutes County issuing a permit for the 4 Peaks Festival to be held in June 2020. I've been a resident of Deschutes County for over 40 years and have annually attended the 4 Peaks Festivals. The events have always been well managed, family friendly and bring economic and cultural benefits to our community. The Stevenson Ranch location is ideal. Please expedite approval of the permit so the event planners have adequate time to put together the best event possible. Thank you. -Peter Geiser Peter Geiser P.O. Box 581 Bend, Oregon 97709 geiserbend��gmai l.com cell (541) 410-9645 Kyle Collins From: Nicole Baumann - Proud Peacock Yoga <proudpeacockyoga@gmail.com> Sent: Wednesday, November 20, 2019 2:52 PM To: Phil Henderson; Patti Adair; Tony DeBone; Kyle Collins Subject: 4 Peaks Music Festival [EXTERNAL EMAIL] Dear Commissioners Henderson, Adair, DeBone, and Collins, , My name is Nicole Baumann and I have been a registered voter and resident in Deschutes County for 19 years. I have witnessed tremendous growth and change in our community. One positive thing is greater access to cultural events for people of all ages and interests. I appreciate the existence diverse opportunities for music, arts, and entertainment to meet the needs of our growing demographic. As an avid music enthusiast, I believe 4 Peaks Music Festival is a highly valuable endeavor to support. For the last three years, I have facilitated the yoga program at the 4 Peaks Music Festival. Prior to my participation in a professional capacity, I attended as a community member. I take my responsibility as yoga instructor at the event very seriously because I want to uphold the positive reputation that this festival has built. I have worked wholeheartedly to offer quality yoga classes every morning that set the tone for a healthy, kind, and mindful attitude of attendees. Community and quality of life are what make Central Oregon a great place to live. I see how this event nurtures a sense of community for music -loving families and individuals who create traditions and memories each year. I know that my quality of life is enhanced by the opportunity to see highly -respected musical acts from across the country right here in my own backyard. I firmly believe that our community is stronger, enriched, and economically strengthened by the 4 Peaks Music Festival. Thank you for your time and support. Sincerely, Nicole Nicole Baumann RYT 500, E-RYT 200, YACEP Bend, Oregon 1- o November 22, 2019 Via Email Deschutes County Board of Commissioners c/o Kyle Collins Deschutes County Community Development Department 117 NW Lafayette Ave Bend, OR 977o8-6oO5 Re: 4 Peaks Music Festival — Outdoor Mass Gathering Permit County File Number 247-19-00069o-OMG Dear County Commissioners: Our office represents Pape Properties, Inc., the owners of a large working ranch property that is located immediately to the south of the proposed 4 Peaks Music Festival. We are writing to register our continuing concerns with the requested Outdoor Mass Gathering permit. The proposed mass gathering permit would allow up to 2,999 people on the site at any given time over a four -day period. Pape Properties believes the proposed location is entirely inappropriate for a music festival of this size. Our concerns are as follows: Traffic/Parking Infrastructure is Insufficient Roadway infrastructure in this area of the County is not sufficient to handle the substantial traffic and parking needs associated with this multi -day event. The local roadways in the vicinity of the event are not designed to handle the proposed levels of traffic and parking, thereby creating a safety hazard for event participants and area residents. The applicant's traffic control plan is insufficient to address underling safety issues or to properly evaluate the impact of the event on the City/County road system. At a minimum, the applicant should be required to provide a professional evaluation (by a licensed traffic engineer) of all on and off -site traffic impacts associated with the event. Trespass, Public Safety Pape Properties is concerned that event participants will continue to trespass off the event property and impact surrounding properties. The event plan contains no measures to insure participants remain on the site. In addition, the security measures outlined in the plan are not sufficient for a gathering of this size. In past years, there have been multiple incidents of trespassing on Pape Properties land. The applicant should be required to provide uniformed police/sheriff officers to insure public safety at this event. Impact on Wildlife Resources and Area Livestock This large multi -day music event with thousands of people will continue to impact deer and other wildlife that reside in this area. This area of the County is characterized by large agricultural parcels that provide habitat for many different species of mammals {00578562.DOCX /1} D - 541 . 408 . 9291 1 E - mconway@martenlaw, corn 1 404 SW Columbia St, Suite 21.2, Bend, OR 97702 Deschutes County Board of Commissioners November 22, 2019 Page 2 and birds. The noise and other human impacts associated with this event have a detrimental and continuing impact on area wildlife. In addition, the event adversely impacts livestock and farm animals that are not accustomed to this level of noise and activity during the calving season. Music from the event continues late into the night to the detriment of area wildlife and livestock. Before any permit is issued, the applicant should be required to evaluate potential impacts on area wildlife and farming operations. Fire Danger The proposed mass gathering will occur at a time of significant fire risk in Central Oregon. Thousands of people in an undeveloped location (many of whom will be camping overnight) create an extreme risk of a fire ignition. In the event of an ignition, prevailing winds and historic temperature patterns create a substantial risk to both event participants and surrounding properties. As the commissioners are aware, wildfires in Central Oregon can rapidly spread and cannot be readily controlled. The human caused "Two -Bulls Fire" ignited on Bend's west side in June of 2014, in a largely unpopulated area of the County. The "Two -Bulls" fire burned uncontrolled for nearly a week and destroyed over i1-square miles of private land, requiring the evacuation of hundreds of homes. The State of Oregon alone spent over $6 million to contain this fire. The proposed music event creates a substantial risk of fire ignition in a location where sufficient fire related infrastructure is not available. The subject property does not contain the water supply, road network or alternative evacuation routes necessary to protect public safety or surrounding properties. Any fire ignition at the festival could readily spread onto surrounding agricultural lands, destroying nearby farms and homes. Applicant's Mitigation Measures- 20ig Event In 2019, the applicant altered the location and orientation of its stage in an effort to mitigate against impacts to surrounding agricultural properties. This change in stage orientation was effective in partially mitigating against impacts on the Pape Properties land. In the event a permit is issued for the 2020 festival, it should be conditioned upon maintaining the stage location and orientation that was utilized for the 2o19 event. Summary In sum, Pape Properties recommends that the County deny or defer any decision on the proposed permit until the applicant has provided a more complete evaluation of traffic impacts, trespass issues, safety measures and fire risks. The information submitted by the applicant to date fails to provide any of this critically necessary information. Thank you for your consideration of our concerns. Sincerely, Myles A. Conway {00575562.DOCY /1} Kyle Collins From: Sent: To: Cc: Subject: [EXTERNAL EMAIL] Sent from my iPhone Begin forwarded message: Anne Van Dusen <anneinbend@gmail.com> Monday, November 25, 2019 7:32 AM Patti Adair Kyle Collins Fwd: 4 Peaks Music Festival From: Anne Van Dusen <anneinbend@gmail.com> Date: November 25, 2019 at 7:06:58 AM PST To: Phil.Henderson@deschutes.org Subject: 4 Peaks Mysic Festival Please approve the permit for the 4 Peaks Music Festival for June 2020. The festival is the best & most joyful event for all ages! Truly a delightful & safe family festival!! Thank you Anne Van Dusen 1150 NW Redfield Circle Bend, Oregon 97703 Sent from my iPhone 4 PEAKS FESTIVAL COMMENTS Deschutes County Commissioner's, Public Permit Hearing Steve Minar, Homeowner & Resident at 60700 Heidi Ln, Bend, OR 97702 Introduction Our home is among the most affected properties that border the east and south sides of the event site. I work in the technology sector full time from my home office. My wife Kathy is an RN working night shift full-time at St. Charles. Our girls, 16 & 19, actively participate in 4H and FFA at the local, state and national level in leadership roles. They raise animals for competition and profit. The population includes rabbits, chickens, ducks, turkeys, horses, dogs, cats a pony and others. Counts vary, but 100-150 animals and up is common. They make a significant investment involving countless hours of chores, study, service and financial responsibility. We can't offer them this experience without acreage zoned for Exclusive Farm Use. It's a large part of why we chose our home. Small farm living imposes practical limitations: we can't just pick up and relocate 150 animals, their housing and their food. The 4 Peaks music festival impacts the animals and it impacts our family. We are not opposed to the event. We are opposed to the location. 2019 Event Experiences The two weekends that the event spanned across included our daughter's 16t" birthday, our son's college graduation and Father's Day. We were unable to use our property for these occasions due to the 4 Peaks Music festival. My wife works 12-hour night shifts as a nurse at St. Charles. Her shift schedule had her working Thursday, Friday, Saturday and Sunday. She needed to sleep during the day on Wednesday, Thursday, Friday, Saturday, Sunday and part of Monday. Sleeping at our home during the day was not possible due to the 4 Peaks Festival. She had to sleep at a hotel. We had an unwelcome encounter with 4 Peaks this year. We have several very friendly, well behaved dogs in our household. They enjoy and need to be outside. They roam freely on our property and stay close by. 4 Peaks creates an attractive nuisance for our dogs. They are attracted to food and people. During the event, we are forced to keep them in the house or restrained in a dog run. The dogs are unhappy, and it imposes additional burden on people caring for the dogs and using the house. We had a moment of panic when it seemed that one of our dogs might have gotten loose. We feared that she had entered the 4 Peaks Music Festival grounds. Kathy searched for the dog along our fence line and in the parking area for the event. This was during the setup phase before the event was under way. it turned out that the dog wasn't loose, it was safely inside our house. A short time later, an officer from the Deschutes County Sheriff visited our home. She said a complaint was made by 4 Peaks claiming that Kathy and the dog were on the festival grounds. 4 Peaks claimed to have photos of Kathy and the dog on the event site. The officer informed us that if it happened again, we would be fined significantly for each occurrence and for each dog. In truth, no dogs were on the festival grounds. Photos were never produced. This was unwarranted harassment. Event Monitoring and Drone Usage Some don't understand that we have no interest in spending time looking for and documenting issues surrounding the 4 Peaks Music Festival. But we have been advised by the county, law enforcement and ' 4 PEAKS FESTIVAL COMMENTS attorneys that the best solution for encouraging the county to help the festival find an appropriate location is to document permit violations and problems. I have used a drone to capture video and still imagery of the event for the last 3 years. I do so according to the Special Rule for Model Aircraft (Public Law 112-95 Section 336). 1 use automated flight software to control the position. I do not fly over the event. I fly over the part of the perimeter of the event for which I've obtained permission. I observed two drone issues I'd like to point out. There were at least two other drones operating in the vicinity. One was being operated from within the festival grounds and I only saw it operating over the festival. The other flew over my property and over the festival. It appeared to be operated by someone to the east of our home, but I never saw the operator. Both drones were in violation of the law by operating over the assembly of people. Given the limited interest and action based on the previous images outlining permit violations I've decided not to include them in this letter. I am willing to share media with the commissioners and/or law enforcement on request. Noise Levels Exceeding Permit Limits We continued to experience sound meter readings above the 70dbA and 50dbA limits. Noise continues to be a primary complaint: • It affects many of our animals in negative ways: o We observed animals refusing to eat and drink o We documented weight loss in animals destined for the County and State Fair o It creates anxiety in the dogs, including a barking response • If affects our ability to sleep • It affects our ability to work out of our home • It affects our ability to entertain and recreate at our home Noise Demo It's very difficult to understand the impact of noise based on a written sound pressure level limit of 70db on the A scale. I've brought an audio specialist with PA equipment and professional sound level testing to provide a live demonstration. We'll demonstrate difference between the A scale (better for speech, and industrial sound) and C scale (better for music). ` ) ; k.- t% t n✓� � c e rn r1,i�� yea y Vehicles using our Driveway We again had vehicles related to the event using our private driveway before and during the festival. This happened during the day, evening, and late -night hours between 10pm-3am. All these intrusions appeared to be from uber, lyft, taxis, and private transportation. Trash We had trash from the festival blow into our yard and onto our long driveway. Additional Concerns/Comments Applicant is requesting site preparation access before June 13th. We oppose this. They've been able to accomplish setup in the allotted time in past years. They shouldn't be granted additional time this year. ' 4 PEAKS FESTIVAL COMMENTS • If it's going to be permitted at the same location, why can't it move substantially to the west? There is plenty of excellent, usable land to the west. That might make it possible to put significant distance between the neighbors and the stage/sound/camping • The 4 Peaks Festival has forced more than one family to move away, including a 25-year resident that didn't want to move but couldn't tolerate the disruption. • 1 am angered by the applicant's statement in their application in response to item 8.16.190, claiming 12-years of operation with no county code violations and demonstration that it meets or exceeds all standards. If this is true, it's only true because county enforcement has not done an adequate job monitoring the event or following up on legitimate complaints with documented evidence of violations of numerous elements of their permits. o We have provided clear evidence of violations in 2017 and 2018 already. These include noise violations, alcohol violations, drug use violations, open fire violations and security problems. o We have spoken to neighbors of the previous festival site and have spoken to numerous law enforcement personnel about the history of the festival. We've heard the complaints and problems have been a regular part of the festival's history and yet they seem to never result in code enforcement. • In past hearings, the applicant and supporters of the event get to respond to our statement in the public hearing. Untrue accusations were made about us in public. We would appreciate the commissioners offering us an opportunity to respond during the hearing. Summary • There were many clear permit violations in 2017, 2018 and 2019. • It's not the right place for the event • The event hasn't been managed and secured to the permit requirements • There are established venues well suited for the event that would help overcome these issues • The county has not been successful at determining violations and assessing penalties • The county should be collecting and make publicly available o the event's vehicle counts o staffing numbers o the event's medical event/response log o the DCSO event log related to the event • We respectfully ask that the permit be denied REVIEWED LEGAL COUNSEL For Recording Stamp Only OUTDOOR MASS GATHERING PERMIT DESCHUTES COUNTY COMMUNITY DEVELOPMENT DEPARTMENT BEND, OREGON 541/388-6575 LOCATION: 21085 KNOTT ROAD BEND 97702 OWNER: DM STEVENSON RANCH LLC TYPE, DATES & TIME OF EVENT: MUSIC FESTIVAL JUNE 13 2020 — JUNE 22 2020 8:00 AM TO 10:00 PM OPERATOR: 4 PEAKS PRESENTS, LLC PHONE: 541-382-8064 1. PERMIT BECOMES NULL AND VOID IF EVENT OR GATHERING HAS NOT STARTED ON THE APPROVED DATE. 2. THE APPROVED PERMIT SHALL BE RETAINED ON -SITE UNTIL THE EVENT OR GATHERING IS COMPLETE. 3. BY ACCEPTANCE OF THIS PERMIT, OWNER OPERATOR CONSENT TO ALLOW LAW ENFORCEMENT, PUBLIC HEALTH AND FIRE CONTROL OFFICERS TO COME UPON THE PREMISES FOR WHICH THE PERMIT HAS/HAD BEEN GRANTED FOR THE PURPOSE OF INSPECTION AND ENFORCEMENT OF THE TERMS AND CONDITIONS OF THE PERMIT AS ALLOWED BY DCC 8.16, AND ANY OTHER APPLICABLE LAWS OR ORDINANCES. FILE NUMBER (247-19-000690-OMG) The Board of County Commissioners approves the 4 Peaks Presents, LLC application for an Outdoor Mass Gathering permit based upon the attached requirements incorporated by reference herein and subject to the following conditions. CONDITIONS OF APPROVAL 1. Fourteen days prior to the event, 4 Peaks Presents, LLC, shall obtain and provide the Community Development Director for approval a Special Events Insurance policy that provides general liability of $1,000,000 per single claimant and incident and $2,000,000 for all claimants arising from a single incident. The policies shall name Deschutes County, its officials, agents and employees as an additional insured on the endorsement. The policies shall provide payment of claims within the 180- day period after the scheduled termination of the event. 2. The total number of attendees authorized by this permit is 2,999. A 10% variance is allowed meaning that under no circumstances shall the total number of attendees (to include patrons, musicians, vendors, staff, and security) exceed 3,299 total persons at any time during the course of the event. 3. The operator shall keep reasonable counts of persons and vehicles entering the event. 4. The operator shall provide one toilet per every 100 attendees. The operator has contracted with Little Johns to provide the required facilities. 4 Peaks Presents, LLC 247-19-000690-OMG Permit, Document 2019-047 5. Hand washing facilities shall provide running water, adequate soap, and paper towels. The operator has contracted with Little Johns to provide the required facilities. 6. The operator shall provide waste collection and removal. The operator has contracted with Bend Garbage and Recycling to provide waste containers and removal services. 7. Thirty days prior to the event, the operator shall submit to the Community Development Director and County Health Director, the contracts for sanitation and waste collection and removal. 8. Drinking water shall be provided by Avion Water Supply. The water system shall meet all Drinking Water Program requirements. 9. Food service shall be provided by licensed vendors and restaurateurs. Each food vendor shall apply to the County Health Department for a temporary restaurant license at least one week in advance of the event. 10. The operator shall receive final approval by the Bend Fire Department after inspection no later than June 17, 2020. 11. All fire hydrants, fire sprinkler, and/or standpipe system connections are to remain readily visible, accessible, and unobstructed and shall be accessible with an unobstructed circumferential distance of three feet. 12. Fire and emergency access roads shall have an unobstructed width of not less than 20 feet and a vertical clearance of not less than 13 feet, 6 inches. Barricades shall be approved prior to erecting. The emergency access roads shall remain open at all times. 13. Vendors cooking outdoors shall comply with the Bend Fire Department and the City of Bend "Open Cookinq Concession Requirements." 14. Non -fixed food concession such as enclosed trailers, buses, and vans shall comply with the Bend Fire Department and the City of Bend "Non -Fixed Food Concession Requirements." 15. All tents, canopies, and temporary structures shall comply with the Bend Fire Department regulations. 16. Campfires, bonfires and other recreational open burning are prohibited. 17. The Outdoor Mass Gathering shall have at least one first aid station staffed by two adult individuals trained in first aid techniques for the duration of the event. The first aid station shall include an Automated External Defibrillator (AED) device with AED device trained staff. Ambulance service shall be provided by Adventure Medics, Bend Fire Station #303 located at 61080 Country Club Drive, approximately 2 miles from the event site, or the next available responding ambulance unit. 18. If the irrigation pond located on -site is less than 50 percent full one -week prior to the event, the operator shall provide a water truck at the event for fire suppression. 19. Thirty days prior to the event, the operator shall submit to the Community Development Director, the names and qualifications for all individuals trained in first aid techniques and AED device trained staff for the duration of the event. 20. Security for the event will be provided by Dark Eden Inc. with clearly marked security officers. Security will be in place at all times. 21. The operator shall provide one crowd control person for each 100 persons, expected or reasonably expected to be in attendance at any time during the Outdoor Mass Gathering. 22. Traffic control and crowd protection personnel shall show certification of training or experience acceptable to the County to conduct traffic and or crowd -control duties. 23. Thirty days prior to the event, the operator shall submit to the County Road Department and Senior Transportation Planner for review and approval a detailed traffic control plan that includes traffic control signs, sign location and spacing plan, traffic control personnel certification, and a site plan drawn to scale illustrating adequate space (75 feet) for stacking of vehicles. 24. Thirty days prior to the event, the operator shall submit to the Community Development Director and County Sheriff, the names and necessary background information for all traffic -control and crowd - control personnel to be utilized during the Outdoor Mass Gathering. 25. Operator shall adhere to the proposed site plan that shows the parking area. 26. This permit shall be posted in a conspicuous spot on the property during the course of the event. 27. The operator and/or property owner will provide access to the premises for inspection purposes by law enforcement, public health, and fire control officers based on the terms and conditions of the 4 Peaks Presents, LLC 247-19-000690-OMG Permit, Document 2019-047 2 permit. If deficiencies are identified following an inspection, the inspector may return as often as needed until the deficiencies are cured. If the deficiencies are not cured or if the County determines that the deficiencies cannot be cured then the operator expressly consents that the County Sheriff is authorized to take any and all necessary actions to terminate the Outdoor Mass Gathering. 28. The burden of preserving order to the proposed event shall be with 4 Peaks Presents, LLC. 29. All debris will be removed within 72 hours after the event termination. All temporary structures shall be removed within 3 weeks of event termination. 30. No person shall be permitted to bring alcohol onto the premises. This shall not apply to the sale and consumption of alcohol from a State of Oregon licensed facility located on the premise. 31. No narcotic or illegal/dangerous drug use will be permitted at the premises. 32. The operator shall meet the requirements of DCC 8.16.250, Public Safety. 33. Parking services will be provided by 4 Peaks Presents, LLC and will include a minimum of six traffic control and parking monitors for each shift. 34. The amplified music shall meet the requirements of DCC 8.16.290. A sound level in excess of 70 decibels prior to 10:00 p.m. and in excess of 50 decibels after 10:00 p.m. (as measured upon the A scale of a standard sound level meter on affected property) shall constitute a violation of the Deschutes County Code. 35. The Outdoor Mass Gathering shall not be conducted, including set-up, placement, storage, staging, removal or similar action of any equipment, materials, structures, vehicles, supplies and so forth, in the unincorporated areas of the County within 1,000 feet of any residence between the hours of 12:01 a.m. and 9:00 a.m. The proposed late night music venue shall end at 12:00 a.m. 36. The applicant shall have access to the site prior to June 13, 2020 (the first official day of the OMG permit) to accommodate deliveries and site preparation work (which includes removing rocks, brush, and grooming the grounds). Site preparation work shall be conducted between the hours of 9:00 a.m. and 7:00 p.m. and shall not include construction of any temporary structures associated with the Outdoor Mass Gathering. Thirty days prior to the event, the operator shall submit to the Community Development Director, all dates and specific activities associated with site preparation. Dated this of , 2019 BOARD OF COUNTY COMMISSIONERS PHILIP G. HENDERSON, Chair PATTI ADAIR, Vice Chair ATTEST: Recording Secretary ANTHONY DEBONE, Commissioner 4 Peaks Presents, LLC 247-19-000690-OMG Permit, Document 2019-047 Es C-oG Q 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 Wednesday Meeting of December 4, 2019 DATE: November 25, 2019 FROM: Tanya Saltzman, Community Development, TITLE OF AGENDA ITEM: Public Hearing: Split Zone Amendments / Piped Irrigation Canal Amendments The Board will conduct a public hearing on December 4, 2019 to consider text amendments outlining procedures in the Deschutes County Code for divisions involving split zoned Flood Plain properties (File No. 247-19-000532-TA). F:.' iirr, M f..x (�vl i t � I., i.. `a, r L <.` Pi KI'`J, T11 MEMORANDUM TO: Deschutes County Board of County Commissioners ("Board") FROM: Tanya Saltzman, AICP, Associate Planner Peter Gutowsky, AICP, Planning Manager DATE: November 25, 2019 SUBJECT: Split Zone Amendments / "Piped Irrigation Canal Amendments" (247-19-000532-TA) - Public Hearing The Board will conduct a public hearing on December 4, 2019 to consider a text amendment outlining procedures in the Deschutes County Code for divisions involving split zoned Flood Plain properties. I. INITIAL PROPOSAL Deschutes County, through File No. 247-19-000532-TA is amending the Deschutes County Zoning Ordinance to add procedures for divisions involving split zoned Flood Plain properties. Many properties in the County are split zoned, meaning they contain more than one base zone. Base zones control development and land division requirements including: permitted and conditional uses, setbacks, and minimum lot sizes for the creation of new parcels. The current county code is unclear as it pertains to division of Flood Plain, split zoned properties, and staff had to rely on previous administrative and Hearings Officers decisions to determine division eligibility. These amendments are intended to clarify the requirements for land divisions as long as the property meets certain eligibility criteria, and the Flood Plain portion of the property is entirely located on one parcel resulting from the division. The amendments do not alter the mapped Federal Emergency Management Agency (FEMA) Flood Plain zone boundary or the standards applicable to development within the Special Flood Hazard Area, also known as the 100-year Flood Plain. The entire record, including public comments, is provided to the Board through this memo and via hard copy. Information is also available on the project website found here: https://www deschutes.org/cd/page/flood-plain-information-and-text-amendments. 1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 I P.O. Box 6005, lend, OR 97708 6005 (541) 388 6575 @ cdd@deschutes .org @ www.deschutes.org/cd The Split Zone amendments are one of three separate applications proposed as part of the 2019 Flood Plain Amendment package. The status of the two other related amendments are as follows: • Cluster/PUD Amendments: The Planning Commission recommended tabling the amendment related to the use of Flood Plain zoned land in Cluster and Planned Unit Developments until the Lower Bridge Planned Unit Development application, presently under appeal, receives an acknowledged decision.' • Model Flood Code Amendments: The Board is scheduled to hold second reading of the ordinance approving the amendments on November 25, 2019. 11. PLANNING COMMISSION HEARINGS The Deschutes County Planning Commission conducted three public hearings on this item, taking place on August 8, September 12, and September 26, 2019, respectively. Approximately twenty-five individuals provided oral and/or written testimony: • Alvarado • Benson • Brewer • Caram • Castelbaum • Central Oregon Land Watch • Conway • Elshoff • Emerson/Brayfield • Frank • Gould • Harris • Kassy • Kruse • Lozito • McKay • Monte • Netter • ODFW - Vaughn • Pederson • Pokorny • Quinlan • Resto-Spotts • Storm • Warriner The vast majority of comments received were general comments directed at all three amendments in the 2019 Flood Plain Amendment package. Individuals expressed concerns regarding potential impacts to wildlife from additional development near sensitive riparian areas and staffs Goal 5 ESEE2 analysis. Mr. Conway proposed additional text to be included in the amendments to address lot line adjustments on split zone properties containing Flood Plain Zoning. Ms. Fancher and Mr. Netter discussed the importance of the amendments as the division of their property is limited by the Flood Plain zoning associated with a former irrigation lateral. The Netters also proposed minor text edits to provide clarity on eligible properties that share their same circumstance. ' 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A 2 Economic, Social, Environmental, and Energy Analysis per State Land Use Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces. File No: 247-19-000532-TA Split Zone / Piped Canal Amendments Page 2 of 4 III. STAKEHOLDER ENGAGEMENT Following the public hearings and during the start of deliberations on October 10, 2019, staff recommended the Planning Commission table the proposed amendments as the Lower Bridge Hearings Officer's decision (mentioned above) involved a property that contained Flood Plain, split zoning. Further rulings on the Hearings Officer's decision by the Board, and potentially the Land Use Board of Appeals could provide clarity on the proposed amendment. During that time, the Planning Commission also supported staffs effort to engage stakeholders who submitted comments to better understand their concerns. Since the October 10 meeting, staff met with Central Oregon LanclWatch and Liz Fancher, who represents Fred and Theresa Netter. There was consensus among the group that the Flood Plain Zone's minimum lot size incorrectly limits the Netters' property, and others similarly situated. The water source that previously could have caused flooding (irrigation lateral) is no longer a risk as it has been piped. Since these properties are not near riparian areas associated with any inventoried river or stream, the Flood Plain portion of the property is not a Goal 5 natural resource. The wetlands on the property likewise are not associated with a riverine system or a perennial water body, and the County's program to protect them does not include any limitations on dividing upland areas. Rather, Deschutes County Code contains development limitations, including state agency coordination for fill and removal. Focusing the amendments on this type of situation addresses Central Oregon LanclWatch's environmental concerns regarding environmental impacts and eliminates the need for an ESEE analysis.3 IV. REFINED AMENDMENTS Based on the stakeholder meetings, the amendments now encompass the following criteria. To divide an eligible split zoned Flood Plain zoned property, it must: • Contain Exclusive Farm Use (EFU) zoning and an underlying Agricultural Comprehensive Plan Designation; • Bisect, or be adjacent to a piped irrigation canal or lateral; • Meet the EFU minimum lot size requirements for partitioning; and • Not be located in a Wildlife Area Combining Zone or significant riparian habitat defined in Ordinance 94-007. The requirement for Flood Plain zoned land to remain fully intact within a single parcel following division will remain. As the amendments are now focused on a very specific type of situation, staff is now describing the amendments as the "piped canal amendments". 3 Staff also reached out to other stakeholders (ODFW and Tim Ramis) who were comfortable with the refined, narrowed scope of the proposed amendments. File No: 247-19-000532-TA Split Zone / Piped Canal Amendments Page 3 of 4 V. PLANNING COMMISSION VOTE On November 14, 2019, the Planning Commission voted unanimously (6-0) to recommend approval of the revised scope of the amendments, with the edits outlined above. As a note, staff has not received any additional comments to date. VI. NEXT STEPS At the conclusion of the public hearing, the Board can choose one of the following options: • Continue the hearing to a date and time certain; • Close the oral portion of the hearing and leave the written record open to a date and time certain; or • Close the hearing and commence deliberations. ATTACHMENTS Full Record 1. 2019-11-14 Planning Commission Cont'd Deliberations Packet 2. 2019-10-10 Planning Commission Deliberations Packet 3. 2019-09-26 Planning Commission 2nd Cont'd Hearing Packet 4. 2019-09-26 Planning Commission 2nd Cont'd Hearing Presentation 5. 2019-09-26 Planning Commission 2nd Cont'd Hearing Sign In Sheet 6. 2019-09-24 Staff Correspondence and Lower Bridge Hearings Officer Decision 7. 2019-09-12 Planning Commission Cont'd Hearing Packet 8. 2019-09-12 Planning Commission Cont'd Hearing Sign In Sheet 9. 2019-08-08 Planning Commission Public Hearing Packet 10. 2019-08-08 Planning Commission Public Hearing Presentation 11. 2019-08-08 Planning Commission Public Hearing Minutes 12. 2019-08-08 Planning Commission Public Hearing Sign In Sheet 13. 2019-07-25 Planning Commission Work Session Packet 14. 2019-07-25 Planning Commission Work Session Presentation 15. 2019-07-25 Planning Commission Work Session Minutes 16. 2019-07-20 Notice of PC Public Hearing - Bulletin Affidavit 17. 2019-07-12 Courtesy Mailed Notice of PC Public Hearing 18. 2019-07-02 DLCD PAPA Notice Draft Ordinance 2019-019 A. DCC 18.96 Zoning Text Changes B. DCC 23.01 Text Changes C. Chapter 2.5 - Comprehensive Plan Amendments D. Chapter 5.12 - Comprehensive Plan Amendments E. Staff Findings File No: 247-19-000532-TA Split Zone / Piped Canal Amendments Page 4 of 4 M LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 18, Deschutes County Zoning, and Title 23, the * ORDINANCE NO. 2019-019 Deschutes County Comprehensive Plan, to incorporate provisions related to division of certain split zoned property containing Flood Plain zoning. WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments (Planning Division File No. 247-19-000532-TA) to the Deschutes County Code (DCC) Title 18, 18.96 Flood Plain Zone Chapter and Deschutes County Comprehensive Plan Chapter 2.5, Water Resources; and WHEREAS, the Deschutes County Planning Commission considered this matter after a duly notice public hearing on August 8, 2019, with continuations to September 12, 2019, and September 26, 2019 and reviewed the proposed changes on October 10, 2019 and forwarded to the Deschutes County Board of County Commissioners ("Board"), a recommendation of approval; and WHEREAS, the Board considered this matter after a duly noticed public hearing on December 4, 2019, and concluded that the public will benefit from the proposed changes to the Deschutes County Code ("DCC") Title 18. NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 18.96, is amended to read as described in Exhibit "A", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in str-iket , n� �ccaxtvLrgrr. Section 2. AMENDMENT. DCC Title 23.01.010, Introduction, is amended to read as described in Exhibit "B", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfileedffeirgh.. Section 3. AMENDMENT. Deschutes County Comprehensive Plan Chapter 2.5 Water Resources, is amended to read as described in Exhibit "C", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfiket-hro g^h. PAGE 1 OF 2 - ORDINANCE NO.2019-019 Section 4. AMENDMENT. Deschutes County Comprehensive Plan Chapter 5.12, Supplementary Section — Legislative History, is amended to read as described in Exhibit "D", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stri -ugh. Section 5. FINDINGS. The Board adopts as its findings in support of this decision, Exhibit " B", attached and incorporated by reference herein. Dated this of , 2019 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PHILIP G. HENDERSON, Chair PATTI ADAIR, Vice Chair ATTEST: Recording Secretary ANTHONY DeBONE, Commissioner Date of I" Reading: day of , 2019. Date of 2" d Reading: day of , 2019. Record of Adoption Vote: Commissioner Yes No Abstained Excused Philip G. Henderson Patti Adair Anthony DeBone Effective date: day of , 2019. PAGE 2 OF 2 - ORDINANCE NO.2019-019 L�0-� ES CDG 2 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 Wednesday Meeting of December 4, 2019 DATE: November 26, 2019 FROM: Peter Gutowsky, Community Development, 541-385-1709 TITLE OF AGENDA ITEM: DELIBERATIONS: Religious Institution Text Amendments BACKGROUND AND POLICY IMPLICATIONS: The Board conducted a public hearing on November 13, 2019 to consider several amendments to Deschutes County Code (DCC) Title 18, County Zoning, Title 19, Bend Urban Area Zoning, and Title 23, Comprehensive Plan through file numbers 247-19-000512-PA/513-TA. The purpose of the amendments is 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 Land Use Board of Appeals (LUBA) decision and requires an amendment to correct the issue. The Board will deliberate on this issue on December 2, 2019. FISCAL IMPLICATIONS: None. ATTENDANCE: Peter Gutowsky, Planning Manager, Adam Smith, Assistant Legal Counsel REVIEWED LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 18, Deschutes County Zoning, Title 19, Bend Urban Area Zoning Ordinance, and Title 23, the Deschutes County Comprehensive Plan, to ensure * ORDINANCE NO. 2019-018 equal treatment of religious institutions per the Religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000. WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments (Planning Division File No. 247-19-000512-PA/513-TA) to the Deschutes County Comprehensive Plan, and to the Deschutes County Code (DCC) Title 18, 19, and 23 to ensure equal treatment of religious institutions and assemblies per the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA); and WHEREAS, the Deschutes County Planning Commission considered this matter after a duly noticed public hearing on August 8, 2019, with continuations to August 22, 2019, and September 12, 2019 and reviewed the proposed changes on October 10, 2019, and forwarded to the Deschutes County Board of County Commissioners ("Board"), with no formal recommendation; and WHEREAS, the Board considered this matter after a duly noticed public hearing on November 13, 2019, and concluded that the public will benefit from the proposed changes to the Deschutes County Comprehensive Plan, and Deschutes County Code ("DCC") Titles 18, 19, and 23; NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 18.04. Title, Purpose, and Definitions, is amended to read as described in Exhibit "A", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfike r Section 2. AMENDMENT. DCC 18.08. Basic Provisions, is amended to read as described in Exhibit "B", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in n* .iket r&ag . PAGE 1 OF 4 - ORDINANCE NO.2019-018 Section 3. AMENDMENT. DCC 18.16. Exclusive Farm Use Zone, is amended to read as described in Exhibit "C", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in st fi .�. Section 4. AMENDMENT. DCC 18.32. Multiple Use Agricultural Zone, is amended to read as described in Exhibit "D", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in n*rivo*�r Section 5. AMENDMENT. DCC 18.60. Rural Residential Zone, is amended to read as described in Exhibit " E", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfike�r Section 6. AMENDMENT. DCC 18.65. Rural Service Center Zone, is amended to read as described in Exhibit "F", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfikedffaugh. Section 7. AMENDMENT. DCC 18.66. Terrebonne Rural Community Zoning Districts, is amended to read as described in Exhibit "G", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stri'��h. Section 8. AMENDMENT. DCC 18.67. Tumalo Rural Community Zoning Districts, is amended to read as described in Exhibit "H", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in n*ri'��h. Section 9. AMENDMENT. DCC 18.74. Rural Commercial Zone, is amended to read as described in Exhibit "I", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in st fike Section 10. AMENDMENT. DCC 18.80. Airport Safety Combining Zone, is amended to read as described in Exhibit "J", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in striae Section 11. AMENDMENT. DCC 18.88. Wildlife Area Combining Zone, is amended to read as described in Exhibit "K", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethfoughr Section 12. AMENDMENT. DCC 18.108. Urban Unincorporated Community Zone - Sunriver, is amended to read as described in Exhibit "L", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in st fike s''" gh. Section 13. AMENDMENT. DCC 18.110. Resort Community Zone - Sunriver, is amended to read as described in Exhibit "M", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfiket4ough. Section 14. AMENDMENT. DCC 18.116. Supplementary Provisions, is amended to read as described in Exhibit "N", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfikedwough. Section 15. AMENDMENT. DCC 18.124. Site Plan Review, is amended to read as described in Exhibit "O", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in ,.tfike PAGE 2 OF 4 - ORDINANCE NO.2019-018 Section 16. AMENDMENT. DCC 18.128. Conditional Use is amended to read as described in Exhibit "P", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in st fike Section 17. AMENDMENT. DCC 19.04. Title, Compliance, Applicability, and Definitions, is amended to read as described in Exhibit "Q", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfi ethfe gb. Section 18. AMENDMENT. DCC 19.08. Establishment of Zones and Zoning Maps, is amended to read as described in Exhibit "R", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfike�ffaughr Section 19. AMENDMENT. DCC 19.12. Urban Area Reserve Zone, is amended to read as described in Exhibit "S", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfik�. Section 20. AMENDMENT. DCC 19.20. Suburban Low Density Residential Zone, is amended to read as described in Exhibit "T", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in st "ket -ouggh. Section 21. AMENDMENT. DCC 19.22. Westside Transect Zone, is amended to read as described in Exhibit "U", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in s..;ve*�r Section 22. AMENDMENT. DCC 19.28. Urban Standard Residential Zone, is amended to read as described in Exhibit "V", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in s*w��e�r Section 23. AMENDMENT. DCC 19.80. Off -Street Parking and Loading, is amended to read as described in Exhibit "W", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in str-ike*�r Section 24. AMENDMENT. DCC 19.88. Provisions Applying to Special Use Standards, is amended to read as described in Exhibit "X", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in s*ri'�ehr Section 25. AMENDMENT. DCC 19.92. Interpretations and Exceptions, is amended to read as described in Exhibit "Y", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in st "''ethr-eugh. Section 26. AMENDMENT. DCC Title 23.01.010, Introduction, is amended to read as described in Exhibit "Z", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfike4weogh. Section 27. AMENDMENT. Deschutes County Comprehensive Plan Chapter 2, Resource Management, is amended to read as described in Exhibit "AA", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in s -ikegi Section 28. AMENDMENT. Deschutes County Comprehensive Plan Chapter 3, Rural Growth Management, is amended to read as described in Exhibit "BB", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfike�r-eiighr PAGE 3 OF 4 - ORDINANCE NO.2019-018 Section 29. AMENDMENT. Deschutes County Comprehensive Plan Chapter 5, Supplemental Sections, is amended to read as described in Exhibit "CC", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stt4ke Section 30. AMENDMENT. Deschutes County Comprehensive Plan Chapter 5.12, Supplementary Section — Legislative History, is amended to read as described in Exhibit "DD", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfike�r Section 31. FINDINGS. The Board adopts as its findings in support of this decision, Exhibit "EE", attached and incorporated by reference herein. Dated this of , 2019 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: Recording Secretary Date of 1 s` Reading: Date of 2°d Reading: PHILIP G. HENDERSON, Chair PATTI ADAIR, Vice Chair ANTHONY DeBONE, Commissioner day of , 2019. day of , 2019. Record of Adoption Vote: Commissioner Yes No Abstained Excused Philip G. Henderson Patti Adair Anthony DeBone Effective date: day of , 2019. PAGE 4 OF 4 - ORDINANCE NO.2019-018