2020-39-Minutes for Meeting December 09,2019 Recorded 2/3/2020BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541 ) 388-6570
1:00 PM
Recorded in Deschutes County CJ2020-39
Nancy Blankenship, County Clerk
Commissioners' .journal 02/03/2020 8:25:17 AM
co
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2020-39.
FOR RECORDING STAMP ONLY
ON AY December 9, 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. Putney Place Update
Dick Arnold and Wade Watson of Habitat for Humanity La Pine/Sunriver
presented an update on the Putney Place Neighborhood project. The full
development is planned for 19 townhomes. Mr. Watson reviewed the
construction progress. A copy of the presentation is attached to the record.
The Dedication of Homes ceremony is scheduled for Saturday, December 14.
Commissioners DeBone and Henderson indicated that they each plan to
attend the dedication.
BOCC MEETING DECEMBER 9, 2019 PAGE 1 OF 7
2. Statewide Transportation Improvement Fund (STIF) Update
Communications Director Whitney Hales and Central Oregon
Intergovernmental Council representatives Andrea Breault and Derek
Hofbauer presented an update on the STIF project proposal and to seek
Board direction on proceeding with the project list.
ADAI R: Move approval of the Statewide Transportation Improvement
Fund of $321,924.59 and $218,000 remaining balance to be
approved for Redmond as proposed on the updated project
prioritization list.
DEBONE: Second
VOTE: ADAI R: Yes
DEBONE: Yes
HENDERSON: Chair votes yes. Motion Carried
Ms. Hale reported there are STIF Advisory Committee members that have
terms expiring the end of 2019. Mr. Hofbauer explained there is also a need
to appoint a chair and vice chair on that committee. Commissioner
Henderson recommended meeting with Ms. Hale on the membership
process within the next few weeks. Mr. Hofbauer explained member Andrew
Davis is willing to move into the voting member position vacated by Ryan
Couch. The next STIF Advisory meeting is scheduled on January 7, 2020.
DEBONE: Move approval of Andrew Davis membership change from an
alternate to a voting member to fill Ryan Couch's term.
ADAI R: Second
VOTE: DEBONE: Yes
ADAI R: Yes
HENDERSON: Chair votes yes. Motion Carried
BOCC MEETING DECEMBER 9, 2019 PAGE 2 OF 7
ADAIR: Move appointment of Kelsey Rook as Chair and Andrew Davis as
Vice Chair of the STIF Advisory Committee
DEBONE: Second
VOTE: ADAI R: Yes
DEBONE: Yes
HENDERSON: Chair votes yes. Motion Carried
3. Terrebonne Status Update
ODOT representatives Gary Farnsworth and Robert Townsend presented an
update on the Terrebonne Refinement Plan. ODOT held another public
meeting on November 14 with approximately 196 in attendance but it was
not a Board Hearing. A summary of the meeting was presented and is
attached to the record. Mr. Townsend reported every property in
Terrebonne received a notice of the public meeting as well as Crooked River
Ranch and properties south to Redmond. Mr. Townsend reviewed the
discussion held at the November 14t" meeting along with a summary of the
comment cards received.
Mr. Farnsworth stated ODOT continues to feel a traffic light would fail as an
option to relieve traffic congestion. He also reported his opinion that the
findings of the public comment reinforces the couplet remains the best
design option and gave a recommendation to proceed with an interchange
design that is least impactful and the least cost. ODOT's hope was to provide
an option that will provide the best flexibility for the community. Mr.
Farnsworth asked the BOCC for direction to proceed and he will present a
more formal proposal. From the audience, Bill Jordan, business owner in
Terrebonne, commented on behalf of the property owners of Terrebonne,
and stated they do not support the couplet design option. Mr. Farnsworth
feels there is 50% opposing and 50% supporting a couplet design.
BOCC MEETING DECEMBER 9, 2019 PAGE 3 OF 7
4. Urban Renewal Overview Plan
City of Bend staff Matt Stuart and Allison Platt, and City Councilors Justin
Livingston and Chris Piper presented. Councilor Livingston reviewed areas of
current urban renewal. Mr. Stuart presented the proposal for a new core
area urban renewal district. A copy of the presentation is attached to the
record. Affordable options are considered for housing demands. An advisory
board held events that were open to the public to gather comment. The
impact to tax revenue for 30 years was reviewed. Commissioner DeBone
would like to see a plan of 20 years verses 30 years. Commissioner
Henderson recommends the Board have a discussion with the County
Assessor regarding the subject properties. County Administrator Anderson
commented on the complex goals for the area including infrastructure and
transportation.
RECESS: At the time of 3:22 p.m., the Board took a recess and the meeting was
reconvened at 3:29 p.m. Dave Doyle County Counsel excused himself for another
meeting.
5. Update to Application Process for the Department of justice, Office on
Violence Against Women, justice for Families Grant
Sara Peterson, Health Services and Jeff Hall, Circuit Court presented a
summary on the services provided to our community through Mary's Place
that is relied on by our court system. This grant also provides funding for a
bilingual advocate and also trains the judges on domestic violence.
The Mike Maier building hosts Mary's Place and provides a safe entrance and
exit and quick response if needed by law enforcement. Savings Grace is now
eligible to apply for funding to establish a supervised visitation and safe
exchange center and would shift the grant administration from Deschutes
BOCC MEETING DECEMBER 9, 2019 PAGE 4 OF 7
County to Saving Grace. The County provides a lease for space and the
terms of the lease do not align with the grant.
Staff recommends Deschutes County enters into a Memorandum of
Understanding providing the terms of the lease of the space to accompany
the grant application. Commissioner DeBone acknowledged support of the
program but wants to be considerate of space needs of Deschutes County
staff and departments. The application deadline isjanuary 8.
6. Consideration of Approval of Document No. 2019-713, License
Agreement with Neighbor Impact for Emergency Warming Shelter
Facilities Director Lee Randall and Property Management Assistant Deborah
Cook presented the document for consideration. Neighborlmpact is
supported by the Homeless Leadership Coalition for this service. A section of
the Sheriff's Office Work Center will be remodeled to provide the space for
the warming shelter. With the completion of the improvements the target
for the opening of the shelter is early next week. Commissioner DeBone
stresses the use as a period of time for this winter season as the space will
be needed for the department in the spring.
ADAIR: Move approval of Document No. 2019-713
DEBONE: Second
VOTE: ADAIR: Yes
DEBONE: Yes
HENDERSON: Chair votes yes. Motion Carried
7. Proposed Naming of 30-foot wide Public Road as Nary Lane Prior to
12/18/19 Public Hearing
Senior Transportation Planner Peter Russell presented the background on
this road naming process. A public hearing is scheduled for the BOCC
Meeting of December 18, 2019.
BOCC MEETING DECEMBER 9, 2019 PAGE 5 OF'7
8. Preparations for Lower Bridge Deliberation
Will Groves, Community Development Department Planner presented the
preparations for the deliberations for Lower Bridge Way. This portion of the
meeting was audio recorded. Mr. Groves reviewed the considerations that
will be presented to the Board with deliberations. Deliberations are
scheduled for the BOCC Meeting on December 18, 2019. Mr. Groves offered
meeting individually with the Commissioners to answer any questions prior
to deliberations.
At the time of 4:09 p.m. County Counsel Doyle was present.
Commissioner DeBone excused himself from the meeting at 4:49 p.m.
EXECUTIVE SESSION:
At the time of 4:50 p.m. the Board went into Executive Session under ORS 192.660
(2) (e) Real Property. The Board came out of Executive Session at 5:00 p.m.
At the time of 5:01 p.m. the Board went into Executive Session under ORS 192.660
(2) (h) Litigation. The Board came out of Executive Session at 5:06 p.m.
OTHER ITEMS: None presented
BOCC MEETING DECEMBER 9, 2019 PAGE 6 OF 7
COMMISSIONER UPDATES: None presented
Being no further items to come before the Board, the meeting was adjourned at 5:07 p.m.
DATED this __ Day of _ 20 for the Deschutes County Board of
Commissioners.
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7
BOCC MEETING DECEMBER 9, 2019 PAGE 7 OF 7
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - www.deschutes.or�
BOCC MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:00 PM, MONDAY, DECEMBER 9, 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.
CALL TO ORDER
ACTION ITEMS
1. 1:00 PM
2. 1:15 PM
3. 1:40 PM
4. 2:00 PM
Item start times are estimated and subject to change without notice.
Putney Place Update - Philip Henderson, Commissioner
Statewide Transportation Improvement Fund (STIF) Update - Whitney
Hale, Communications Director
Terrebonne Status Update - Robert Townsend, ODOT Region 4 Area
Manager
Urban Renewal Overview Plan - Tom Anderson, County Administrator
5. 2:45 PM Update to Application Process for the Department of Justice, Office on
Violence Against Women, Justice for Families Grant - Hillary Saraceno,
Health Services Deputy Director
Board of Commissioners BOCC Meeting Agenda Monday, December 9, 2019 Page 1
of 2
6. 2:55 PM Consideration of Approval of Document No. 2019-813, License
Agreement with Neighbor Impact for Emergency Warming Shelter -
Deborah Cook, Administrative Assistant
7. 3:05 PM Proposed Naming of 30-Foot-Wide Public Road as Nary Lane Prior to
12/18/19 Public Hearing - Peter Russell, Senior Planner
8. 3:15 PM Preparations for Lower Bridge Deliberation - William Groves, Senior
Planner
COMMISSIONER'S UPDATES
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.
Executive Sessions under ORS 192.660 (2) (e) Real Property Negotiations and ORS
192.660 (2) (h) Litigation
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
c� nq
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/meetingcalen.dar
Meeting dates and times are subject to change. If you have questions, please call (541) 388-6572.
Board of Commissioners BOCC Meeting Agenda Monday, December 9, 2019 Page 2
of 2
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.r 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 December 9, 2019
DATE:
FROM: Philip Henderson, Board of Commissioners, 541-388-6569
TITLE OF AGENDA ITEM:
Putney Place Update
ATTENDANCE: Wade Watson and Dick Arnold, Habitat for Humanity La Pine-Sunriver will
present.
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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 December 9, 2019
DATE: December 2, 2019
FROM: Whitney Hale, Administrative Services, 541-330-4640
TITLE OF AGENDA ITEM:
Statewide Transportation Improvement Fund (STIF) Update
BACKGROUND AND POLICY IMPLICATIONS:
The Oregon "transit tax" is a state payroll tax equal to one -tenth of 1 percent. The Transit Tax is the sole revenue
source for STIF.
Deschutes County's STIF plan was approved by ODOT in September 2019.
COIC staff will attend the Board's Dec. 9 meeting to seek Board direction on updated STIF project prioritization
and the membership of the Deschutes County STIF Advisory Committee.
FISCAL IMPLICATIONS: None
ATTENDANCE: Andrea Breault, Senior Transit Planner, COIC; Derek Hofbauer, Outreach and
Engagement Administrator, COIC
I E S
December 9, 2019
To: Board of Commissioners
Re: Statewide Transportation Improvement Fund (STIF) Update
STIF is funded through a state payroll tax equal to one -tenth of one percent. Deschutes County's STIF plan was
approved by ODOT in September 2019. COIC staff will attend the Board's Dec. 9 meeting to seek Board direction on
updated STIF project prioritization and the membership of the STIF committee.
• STIF Project Prioritization - Andrea Breault, Senior Transit Planner, COIL
As COIC staff previously discussed with the Board, ODOT has revised Deschutes County's estimated STIF
funding from an estimated $9,665,669 to an estimated $7,566,000. During the Nov. 4 meeting, the BOCC
requested updates to the STIF project list to ensure more projects can be funded with the STIF dollars we are
expecting to receive.
The attached updated project list reflects the BOCC's requests to fund projects 39, 40, 42 and 43. It also
includes partial funding for project 38, which is one of Redmond's additional service projects.
To allocate funds for these additional projects, COIC has reduced costs associated with five projects (17, 21, 22,
3, 7, 8) and noted where grant funds will be used for two additional projects (1 and 29).
COIC is seeking Board feedback on the proposed updated STIF project list.
STIF Committee - Derek Hofbauer, Outreach and Engagement Administrator, COIC
As COIC discussed during the Board's meeting on Nov. 4, two STIF advisory committee members have resigned
their positions, but the committee's alternate member has expressed a desire to replace one of the departing
members.
COIC staff contacted the four committee members whose terms expire at the end of the year to determine
their interest in continuing to serve on the committee. One committee member wishes to end her work with
the STIF committee on December 31.
COIC recommends that the Board review the original ranking of applicants to appoint two new advisory
committee members based on the original applicant meeting.
COIC is also seeking Board direction on the Advisory Committee's recommendations to appoint Kelsey Rook as
Chair and Andrew Davis as Vice Chair of the committee.
The attached memo provides additional detail on the STIF Advisory Committee membership changes, term
lengths and leadership recommendations.
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CENTOALOOEOON
Memorandum ESc°
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To: Deschutes County Board of County Commissioners INMOVEONMENTAL
C 0 0 N C 1 L
From: Central Oregon Intergovernmental Council
Date: December 2, 2019
Subject: Deschutes County Statewide Transportation Improvement Fund (STIF)
Advisory Committee Update
Expiring Terms
COIC staff reached out to STIF advisory committee members with expiring 2019 terms by phone
to determine their interest in continuing to serve on the committee. The following committee
members with expiring terms in 2019 have expressed interest in serving on the committee for
another 2-year term: Iman Simmons, Kelsey Rook, and Matthew Schmitz. Susan Altman wishes
to end her work with the STIF advisory committee on December 31, 2019.
Vacancies
COIC staff was notified that Katie Bauer (Sisters representative with a 2019 term) is no longer
with Heart of Oregon and has relinquished her seat on the committee. There is also an
additional vacancy due to Susan Altman's desire to end her work with the committee.
Due to Ryan Couch's departure from the committee, Andrew Davis (an alternate on the
committee) expressed his desire to replace Mr. Couch as a full member on the committee and
confirmed he would like to inherit Mr. Couch's 2019 term. Mr. Davis also confirmed his interest
to continue to serve on the committee for a 2-year term.
ACTION ITEMS: The BOCC may appoint advisory committee members with terms expiring in
2019. These members include Iman Simmons, Kelsey Rook, and Matthew Schmitz. The BOCC
may also recommend an approach for filling committee vacancies due to the departure of Ryan
Couch, Katie Bauer, and Susan Altman. New terms will begin in January of 2020.
Committee Leadership
During the April 5, 2019 meeting, the committee unanimously recommended that Kelsey Rook
serve as Chair and Andrew Davis serve as Vice Chair. Both Kelsey and Andrew confirmed their
desire to serve these committee roles. An overview of the current membership status matrix is
provided on the following page.
ACTION ITEM: The BOCC may appoint Kelsey Rook as Chair and Andrew Davis as Vice Chair for
the 2020 term.
Next STIF Meeting
COIC staff scheduled the next Deschutes STIF Advisory Committee on January 27 from 3:30 to 5
pm after reaching out to all committee members in early November:
Monday, January 27 from 3:30 - 5 pm
Deschutes Services Building (DeArmond Conference Room)
1300 NW Wall Street, Bend, OR.
Undated STIF Advisory Committee Member Terms with Notes
Name
Required
Other Criteria
Term
Representation
Ends
Susan Altman
1) Bicycle and Pedestrian Advocates
2019
Wishes to end her work with the
2) Local Governments
committee as of December 31, 2019.
Andrea Breault
1) Public Transit
2020
Service Provider
2) Individuals ages
65 and over
Ken Thorpe
1) Low -Income
1) Social Equity Advocates
2020
Individuals
2) Transit Users
2) People with
Disabilities
3) Educational Institutions
Jonathon Bullock
1) Social Equity Advocates
2020
2) Local Governments
3) Employers
4) Educational Institutions
5) Geographic Diversity
Steve Wilson (alternate)
1) Low -Income
1) Bicycle and Pedestrian Advocates
2020
Individuals
2) Local Governments
2) People with
3) Health, Social, and Human Service
Disabilities
Providers
4) Educational Institutions
5) Transportation Logistics Industry
Katie Bauer
1) Low-income
1) Transit Users
2019
Resigned 9/20/19
Individuals
2) Health, Social, and Human Service
2) People with
Providers
Disabilities
3) Educational Institutions
Iman Simmons
1) Social Equity Advocates
Interested in serving another term
2) Employers
2019
3) Health, Social, and Human Service
Providers
Sintha Townsend
1) Low -Income
1) Bicycle and Pedestrian Advocates
2020
Individuals
2) Transit Users
Zachary Bass
1) Transit Users
2020
2) Local Governments
3) Employers
4) Major Destinations
Kelsey Rook
1) Low -Income
1) Social Equity Advocates
2019
Interested in serving another term.
Individuals
2) Transit Users
The committee unanimously
3) Major Destinations
recommended the appointment of
Kelsey as the Committee Chair.
Andrew Davis (alternate)
1) Educational Institutions
2020
Wishes to become an active
committee member upon Ryan
Couch's resignation on 3/21/19.
Andrew accepts Ryan's 2019 term
and is interested in being appointed
Vice Chair.
Ryan Couch
1) Employers
2019
Resigned 3/21/19
The committee unanimously
recommended the appointment of
Andrew Davis filling Ryan's position
and becoming Vice Chair.
Matthew Schmitz
1) Employers
2019
Interested in serving another term.
2) Geographic Diversity
3) Transportation Logistics Industry
C D U N C I L
Deschutes County Statewide Transportation Improvement Fund (STIF)
Advisory Committee Applicant Summary
Prepared by Central Oregon Intergovernmental Council
February 26, 2019
Application and Recruitment Process
A press release submitted on January 19 announced the creation of Deschutes County STIF
Advisory Committee and call for applications. The press release was promoted on social media
to engage community partners. COIC staff assisted with posting STIF blurbs and the online
application forms in both English and Spanish on the COIL and Deschutes County websites.
Applications were due on February 7, 2019 and a total of 48 applications were received.
Paper applications distributed at the following meetings:
• CET open house events in La Pine, Redmond, and Bend
• City of Bend Transportation System Plan neighborhood workshops
• Bicycle and Pedestrian Advisory Committee, Central Oregon Coalition on Access, and
Bend Metropolitan Planning Organization
COIC staff delivered promotional materials (flyers and posters) and physical applications for the
Deschutes County STIF Advisory Committee to the following community partners and places:
• Central Oregon Intergovernmental
Council
• Deschutes County
• Bend Chamber of Commerce
• Downtown Bend Business
Association
• Central Oregon Community College
• City of Bend
• The Environmental Center
• Oregon State University -Cascades
• Bend Senior Center
• Central Oregon Veterans Outreach
• VA Bend Clinic
• Downtown Bend Library
• East Bend Library
• Bend Park and Recreation District
• Heart of Oregon Corps
• Family Access Network
• Habitat for Humanity ReStore
• Department of Human Services
• Neighbor Impact Bend
• United Way of Deschutes County
• Council on Aging of Central Oregon
• Community bulletin boards
• Bus shelters and on CET buses
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 1
Applicant Scoring Committee and Criteria
A scoring committee comprised of seven individuals was convened to score applications to
ensure a fair and equitable applicant ranking process. The scoring committee included public
agency staff from ODOT, the City of Bend, Deschutes County and COIC, in addition to a business
owner, a realtor, and a local economist. Scoring criteria were developed as follows:
1. Strength of connection to STIF eligibility groups —10 points total
STIF eligibility groups were formulated in the approved Deschutes County STIF
advisory committee bylaws. The following categories were listed on the application
with instructions for applicants to select all that apply:
o Local governments, including land use planners.
o Employers.
o Public and private health, social and human service providers.
o Transit users.
o Transit users who depend on transit for performing daily activities.
o Individuals age 65 or older.
o People with disabilities.
o People with low-income.
o Residents representing different geographic areas of Deschutes County.
o Transportation logistics representatives (e.g. mechanics, fleet purchasing,
highway/road maintenance, vehicle equipment, bus technology).
o Commerce and/or business community.
o Social equity advocates.
o Environmental and energy efficiency advocates.
o Bicycle and pedestrian advocates.
o People with limited English proficiency.
o Educational institutions.
o Major public transit destinations (e.g. large employers, resorts).
2. Awareness and understanding of transit services in Central Oregon - 5 points total
• Applicant occupations and/or list of professional experiences provided an indication
of their awareness and understanding of how the regional transit system connects
people to jobs, services, health care, and recreational opportunities.
3. Relevance of professional experience - 5 points total
Applicants were asked to write about experiences that may have prepared them to
serve in an advisory committee role. Scoring was based on the applicants'
qualifications and their ability to serve on the committee in a meaningful way.
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 2
4. Enthusiasm to serve on the committee - 5 points total
• Applicants were asked what they hoped to contribute to the Deschutes County STIF
advisory committee. Responses to this question were used to score this criterion.
S. Regional perspective - 5 points total
• The regional perspective criterion applied to an applicant's basic understanding of
the cooperation between government, transportation service providers, businesses,
individuals and agencies to meet common transportation needs across Central
Oregon.
A total of 30 possible points could be awarded to each applicant. COIC staff developed a
scorecard in Excel and sent it to all scoring committee members on February 19, with responses
due on February 22. COIC staff tallied the scoring results and ranked applicants based on total
points awarded by the entire seven person scoring committee. The following matrix shows
ranked applicant names (highest ranking names are at the top), total scores for each applicant,
home city, and occupation. A summary list of application responses is included on page 7.
Deschutes County STIF Advisory Committee Applicant Total Scores and Ranking Matrix
DESCHUTES COUNTY STIF APPLICANT SCORECARD - TOTAL SCORES
Total Score (all scores
combined out of 210
STIF APPLICANT NAME
possible points)
City
Occupation
Andrea Breault
183
Bend
CET Senior Transit Planner
Executive Director at
Jeff Monson
182
Bend
Commute Options
CET Transit Planning
Rachel Zakem
178
Bend
Specialist
Transportation Planner at
Tyler Deke
173
Bend
Bend MPO (City of Bend)
DHS Program Analyst-
Erica Drake
173
Bend
Employment Specialist
Gavin Leslie
172
Bend
Retired
Bend La Pine School District
Ken Thorp
170
La Pine
Special ecial Education Teacher
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 3
Jordan Ohlde
169
Bend
Movie Theater Employee
Executive Director of
Redmond Proficiency
onathon C. Bullock
Academy and Redmond City
166
Redmond
Councilor
Adjunct Professor at
Louis Capozzi
165
Bend
University of Oregon
Steve Wilson
164
Redmond
Engineer at City of Redmond
CET/COIC Maintenance
Mark Leithauser
164
Redmond
Supervisor
Transportation
Casey Bergh
Engineer/Planner at OSU-
160
Bend
Cascades
Retired Transportation
Agency Director at the
Christopher N. Morrow
Alaska Dept. of
Transportation & Public
154
Bend
Facilities
Program Assistant at Heart
Katie Bauer
151
Sisters
of Oregon Youth Build
St. Charles Chief Operating
Iman Simmons
151
Bend
Officer
Ann Marland
150
Sisters
N/A
Customer Service
William Larsen
150
Bend
Representative at COIC
James Dorofi
150
Bend
N/A
James Patrick Carlson
148
Bend
Retired
Department Manager at
Sintha Townsend
148
Bend
Walmart
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 4
Employment Specialist/Job
Jennifer Glover
146
La Pine
Developer at Abilitree
Sara Anne Russell
144
Bend
Housekeeping
Airport Director for City of
Zachary Bass
140
Bend
Redmond
Non -Profit Executive
Rika Ayotte
Director at Discover Your
135
Terrebonne
Forest
Tiana Fabiana
134
Redmond
Student
Family Access Network
Sandy Schmidt
(FAN) Advocate at Bend La
134
Bend
Pine School District
Julia Huni
132
Sisters
Writer
Public Works Director for
Paul Bertagna
130
Sisters
City of Sisters
FICA Manager at Eagle Crest
Kelsey Rook
129
Terrebonne
Resort
Americorps VISTA/Data
Cora Ives
127
Bend
Analyst at Better Together
Self Employed Government
Dan Youmans
126
Sunriver
Relations Consultant
Director of Student and
Andrew Davis
Campus Life at Central
126
Bend
Oregon Community College
James Tice
121
Bend
Retired
Business Owner/CEO at
Ryan Couch
120
Bend
Victus Enterprises, Inc.
Vinna Ottaviano
119
Bend
N/A
Donald Penner
113
Bend
IT Specialist at Jeld Wen
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 5
Allegra Briggs
113
Bend
Retired
Fleet Manager at Robberson
Matthew John Schmitz
107
Bend
Ford
Joseph D. Lanouette
106
Redmond
Retired
Administration at William
Susan Altman
106
Bend
Smith Properties, Inc.
Data Scientist at Leapologu
Tierney O'Dea Booker
104
Bend
LLC
Gregory Bryant
100
Bend
N/A
Commercial Sales Manager
Walter R. McCoin
at Point S Tires of Central
88
Redmond
Oregon
Driver for Uber and TPR
Karla K. Mackey
87
Bend
Industrial
Physical Therapist at
Livia VanLoo
79
Bend
Therapy Works and Hospital
Thomas W. Fisher
74
Bend
N/A
Hwy Construction at
Elroy Waldron
73
Bend
Waldron and Sons, Inc.
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 6
Summarized List of Deschutes County STIF Applicants in alphabetical order according to last name
Susan Altman (Resigned in 2019)
62231 Bennett Rd.
Bend
Occupation: Administration at William Smith Properties, Inc.
Eligibility:
• Bicycle and pedestrian advocates
• Local governments, including land use planners
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Ms. Altman currently serves on the board of the Deschutes County Soil & Water Conservation
District.
• She commutes daily to work in the Old Mill District and sees east-west/west-east traffic
congestion to be an issue in the county for those who commute to work within Bend.
• She is a community organizer who listens to the differing opinions of various participants and
representing a group of people to local government and federal officials.
Rika Ayotte
3295 NW Orchard Dr.
Terrebonne
Occupation: Non -Profit Executive Director at Discover Your Forest
Eligibility:
• Bicycle and pedestrian advocates
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Ms. Ayotte is very interested in how public transit can connect underserved communities to
their public lands and how impacts to public lands can be reduced through strategic
transportation options.
• She also has experience in recreation -related public transit through the current Lava Butte
shuttle program operated in partnership with Cascades East Transit.
She has several years of board and advisory committee service and has experience in facilitation,
strategic planning, grant writing and policy development.
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 7
Zachary Bass
63187 Desert Sage St.
Bend
Occupation: Airport Director for City of Redmond
Eligibility:
• Public Transportation Service Providers
• Transit users who depend on transit for accomplishing daily activities
• Local governments, including land use planners
• Employers
• Major destinations for users of public transit (e.g. large employers, resorts)
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• As the Redmond Airport Director, Mr. Bass brings aviation experience to the committee.
• He also operates a heavy transit customer destination (the airport).
Katie Bauer (resigned in 2019)
68797 George Cyrus Rd.
Sisters
Occupation: Program Assistant at Heart of Oregon YouthBuild
Eligibility:
• Low-income individuals
• People with disabilities
• Transit users who depend on transit for accomplishing daily activities
• Public and private health, social, and human service providers
• Educational institutions
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Ms. Bauer has worked at Heart of Oregon YouthBuild, which is a non-profit serving 16-24 year
olds through education and job training in Sisters, for two years. The youth she works with come
from all over the tri-counties in Central Oregon and transportation is a major barrier for nearly
all of them.
• She would like to connect with other people to discuss how to make transportation better
throughout Deschutes County and Central Oregon all together.
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 8
• She grew up in Corvallis where she faced the difficulty of a lack of transportation to high school
(across town). She understands the importance of transit stops within walking distance (a mile)
of people in the community.
Casey Bergh
20855 Knott Rd.
Bend
Occupation: Transportation Engineer/Planner at OSU-Cascades
Eligibility:
• Major destinations for users of public transit (e.g. large employers, resorts)
• Educational institutions
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Mr. Bergh founded the Mobility Lab at OSU-Cascades, which will help bring innovation to
transportation in Central Oregon.
Paul Bertagna
520 E Cascade Ave.
Sisters
Occupation: Public Works Director for City of Sisters
Eligibility:
• Local governments, including land use planners
• Transportation logistics representatives (e.g. mechanics, fleet purchasing, highway/road
maintenance, vehicle equipment, bus technology)
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Mr. Bertagna wants to help the committee with any Sisters transportation logistics,
infrastructure and any other system issues.
Tierney O'Dea Booker
2191 NW High Lakes Loop
Bend
Occupation: Entrepreneur, Science Writer & Spatial Data Scientist at Leapologu LLC
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 9
Eligibility:
• Bicycle and pedestrian advocates
• Employers
• Transit users
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Ms. O'Dea Booker is a public transit native, as she grew up in the northeast.
• Currently, she is completing a masters in geographic information systems, and deeply aware of
the limitations and opportunities for transportation present in Central Oregon.
• She moved to Bend in 2014 and is friendly with key groups and business interests in town.
Andrea Breault
2304 Lehmi Pass Drive
Bend
Occupation: Senior Transit Planner at Cascades East Transit
Eligibility:
• Public Transportation Service Providers
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• As CET's Senior Transit Planner, Ms. Breault hopes to contribute her transportation planning
expertise to the committee.
• She was appointed to the Crook and Jefferson County STIF advisory committees as a Public
Transit Service Provider representative and will lead efforts to develop STIF projects for each
county.
• She is currently leading a CET 2040 Transit Master Plan effort and works collaboratively with City
and County staff across the region to help coordinate planning efforts and funding prioritization.
Allegra Briggs
1565 NW Wall St.
Bend
Occupation: Retired
Eligibility:
• People with disabilities
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 10
• Environmental and energy efficiency advocates
• Transit users
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Ms. Briggs would like to contribute her ability to synthesize ideas, think critically and research
new transit modes/technologies.
• She is interested in harnessing emerging technology to serve the greater good, such as third -
party apps, e.g., TransLock, that public transit can use to make low -service areas more economic
for the agency and more convenient for users.
Gregory Bryant
19202 Choctaw Rd.
Bend
Occupation: N/A
Eligibility:
• Low-income individuals
• Individuals age 65 and older
• Bicycle and pedestrian advocates
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Mr. Bryant is currently a member of CTAC.
Jonathon C. Bullock
465 NW 28th St.
Redmond
Occupation: Executive Director of Redmond Proficiency Academy and City Councilor for City of Redmond
Eligibility:
• Social equity advocates
• Local governments, including land use planners
• Employers
• Educational institutions
• Residents representing different areas of Deschutes County commerce and/or business
community
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 11
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Throughout his nearly 25 year career in education, Mr. Bullock has been an advocate for
community building and equity. He sees transportation as a key component of that advocacy.
• Most of his educational work has been in administration and in managing complex operations,
and as such, he has experience in serving on and managing committees.
• As the Executive Director of RPA, his transit partnership with Cascades East Transit has been
fruitful, educational, and a potential model for the Redmond community.
As City Councilor for the City of Redmond, he can provide the STIF committee with a unique view that
represents a broader region.
Louis Capozzi
3735 North West lunegrass Ct.
Bend
Occupation: Adjunct Professor at University of Oregon
Eligibility:
• Individuals age 65 and older
• Public Transportation Service Providers
• Bicycle and pedestrian advocates
• Environmental and energy efficiency advocates
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Mr. Capozzi is a member of the Bend Communitywide Transportation Advisory Committee and
the CET Regional Technical Advisory Committee, a former member of the COIC board, project
manager of the Move Bend Coalition, Treasurer of Bend 2030 and a member of the advisory
board of the OSU Cascades Bend Mobility Lab.
• Has also has 40 years of experience in communications and issues management.
James Patrick Carlson
2627 NW Sargent Way
Bend
Occupation: Retired
Eligibility:
• Individuals age 65 and older
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 12
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Mr. Carlson is a retiree, with 35+ years of experience with the Metropolitan Transit Authority of
Harris County, Texas (Houston METRO).
• In this role, he directed all aspects of the Authority's "General Mobility Program," which
included construction of new roadway projects, signalization improvements, and
sidewalk/bikeway projects in the greater Houston area with a $150M budget.
• He has experience coordinating with public works staff to identify and implement projects which
would best serve their constituents.
Ryan Couch (Resigned in 2019)
19225 Shoshone Rd.
Bend
Occupation: Business Owner/CEO at Victus Enterprises, Inc.
Eligibility:
• Employers
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• As a business owner and employer, Mr. Couch brings an understanding of fiscal responsibility,
leadership, and the realization of the transportation needs within Deschutes County.
• He has a unique understanding of the county's transportation needs because he employs people
from all over Deschutes County, including Redmond and La Pine and he does business in every
city in Central Oregon.
Andrew Davis
2600 NW College Way
Bend
Occupation: Director of Student and Campus Life at Central Oregon Community College
Eligibility:
• Educational institutions
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 13
• As a long time Bend resident, Mr. Davis has seen the struggle the community has faced with
public transportation.
• Understands that there are diverse needs of the community and a unique public transit system
is needed.
• Through his work, he has directly seen how important public transportation is to many college
students.
Tyler Deke
709 NW Wall St., Suite 102
Bend
Occupation: Transportation Planner at Bend MPO (City of Bend)
Eligibility:
• Local governments, including land use planners
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Mr. Deke has worked in the Bend area as a Transportation Planner nearly 15 years. He has
worked on a wide range of transportation and land use planning projects, from small land use
developments to major long range planning projects (e.g. Bend MPO Transit Plan).
• He has served on several planning and funding committees (e.g. Deschutes County Special
Transportation Fund Committee, Oregon Public Transportation Plan Technical Advisory
Committee).
• He is knowledgeable about local land use plans, including housing forecasts and economics
forecasts and is also engaged in the COACT and track transportation and land use issues
throughout Central Oregon.
Erica Drake
21270 Gift Rd.
Bend
Occupation: Program Analyst- Employment Specialist at DHS
Eligibility:
• Low-income individuals
• People with disabilities
• Individuals age 65 and older
• Public Transportation Service Providers
• Social equity advocates
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 14
• Transit users who depend on transit for accomplishing daily activities
• People with limited English proficiency
• Employers
• Transit users
• Public and private health, social, and human service providers
• Educational institutions
• Residents representing different areas of Deschutes County commerce and/or business
community
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Ms. Drake works with for the state of Oregon Office of Developmental Disabilities Services
(ODDS) as an assigned Program Analyst for Deschutes, Jefferson and Crook counties. Her main
duties are to support her assigned region with Employment First efforts for people who
experience an Intellectual or Developmental Disability. One of the main barriers for gaining
employment for the population I serve is transportation or lack thereof.
• She has established many positive relationships with partners in a variety of capacities, which
include but are not limited to- provider organizations like Abilitree and Opportunity Foundation,
Deschutes County Health Services, Family Networks, local school districts and High Desert
Education Services District. I look forward to supporting this committee and adding my
knowledge and experience to the group.
Tiana Fabiana
2977 SW Forest Ave.
Redmond
Occupation: Student
Eligibility:
• Low-income individuals
• Transit users who depend on transit for accomplishing daily activities
• Transit users
• Major destinations for users of public transit (e.g. large employers, resorts)
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Ms. Fabiana can offer a unique perspective to the committee board as a young adult who has
lived in the area and watched it grow over the decades.
• She relates to many different demographics because she is a university student in Bend,
commutes daily from Bend and Redmond, and is on a low/fixed income.
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 15
Thomas W. Fisher
63355 Lamoine Ln.
Bend
Occupation: N/A
Eligibility:
• Individuals age 65 and older
• Environmental and energy efficiency advocates
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Mr. Fisher is President of an HOA in Nevada and a member of Las Vegas HOA advisory
committee.
Jennifer Glover
PO Box 124
La Pine
Occupation: Employment Specialist/Job Developer at Abilitree
Eligibility:
• Low-income individuals
• People with disabilities
• Individuals age 65 and older
• Public and private health, social, and human service providers
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Ms. Glover hope to provide input regarding what is important to the La Pine and Sunriver
community.
• She works with many individuals who need transportation to get to and from work that
experience a disability and are unable to drive.
Julia Huni
14537 Mountain View Loop
Sisters
Occupation: Writer
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 16
Eligibility:
• People with disabilities
• Transit users who depend on transit for accomplishing daily activities
• Educational institutions
• Residents representing different areas of Deschutes County commerce and/or business
community
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Ms. Huni has lived in many different states, as well as in Europe, where she experienced
excellent public transportation. She has project management, communication and group
facilitation skills
• She would like to help residents of rural areas, like Sisters, have better access to public
transportation.
• She is the chair of SOUL an advocacy group, which works to support Sisters residents with
developmental disabilities and help them to live full lives within their community.
Cora Ives
311 SE 5th St.
Bend
Occupation: Americorps VISTA/Data Analyst at Better Together
Eligibility:
• Low-income individuals
• Social equity advocates
• Transit users who depend on transit for accomplishing daily activities
• Transit users
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• As an advocate for the women that she represents at Grandma's House, Ms. Ives wishes to
highlight struggles with transit faced by those she works with.
• She has data analysis and interpretation skills.
Joseph D. Lanouette
2066 NW Nickernut Ave.
Redmond
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 17
Occupation: Retired
Eligibility:
• Individuals age 65 and older
• Transit users who depend on transit for accomplishing daily activities
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Mr. Lanouette hopes to share his thoughts and ideas with others to help provide the best
possible transportation service in the county.
William Larsen
63307 NW Britta #3
Bend
Occupation: Customer Service Representative at COIC
Eligibility:
• Low-income individuals
• People with disabilities
• Individuals age 65 and older
• Public Transportation Service Providers
• Bicycle and pedestrian advocates
• Neighboring public transportation service providers
• Transit users who depend on transit for accomplishing daily activities
• People with limited English proficiency
• Transit users
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Mr. Larsen has worked with COIC for —7+ years.
• He is familiar with Greyhound and some valley bus systems, as well as local transportation.
Mark Leithauser
622 SW 14th St.
Redmond
Occupation: Maintenance Supervisor at COIC - Cascades East Transit
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 18
Eligibility:
• People with disabilities
• Individuals age 65 and older
• Public Transportation Service Providers
• Transit users who depend on transit for accomplishing daily activities
• Employers
• Transit users
• Residents representing different areas of Deschutes County commerce and/or business
community
• Transportation logistics representatives (e.g. mechanics, fleet purchasing, highway/road
maintenance, vehicle equipment, bus technology)
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Mr. Leithauser grew up in Deschutes County and he understands the difficulties faced by those
who are disabled because his father was diagnosed with multiple sclerosis in 1976 and the lack
of ADA accessibility was a challenge faced by his family daily.
• He has been in the automotive/fleet/transportation industry for over 30 years, as an employee,
an employer and a manager. Due to this experience, he understands cost effective ways to
implement projects and modifications.
• As the current Maintenance Supervisor for Cascades East Transit, he works directly with those
who rely on public services.
Gavin Leslie
916 NW Greenbriar Place
Bend
Occupation: Retired
Eligibility:
• Low-income individuals
• People with disabilities
• Individuals age 65 and older
• Public Transportation Service Providers
• Social equity advocates
• Bicycle and pedestrian advocates
• Transit users who depend on transit for accomplishing daily activities
• Local governments, including land use planners
• Transit users
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 19
• Major destinations for users of public transit (e.g. large employers, resorts)
• Educational institutions
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Mr. Leslie serves as a member of the Bend Citywide Transportation Advisory Committee (CTAC),
the Cascades East Transit Master Plan Advisory Committee and a founding member of the Bend
Mobility Lab, an initiative of the MOVE BEND coalition.
• He hopes to explore more options for mobility, incentives to combine trips, much improved
mass transit, expanded ride -share services, disincentives to single occupancy travel (SOV) and,
most importantly, a seamless eco-system for mobility.
Karla K. Mackey
2155 NE 6th St. #41
Bend
Occupation: Driver for Uber and TPR Industrial
Eligibility:
• Public Transportation Service Providers
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Ms. Mackey was a cab driver of over 12 years and is now an Uber driver.
• She is disgusted by how busy streets have become in the last two years due to so many
providers delivering food.
Ann Marland
498 N Wheeler Loop
Sisters
Occupation: N/A
Eligibility:
• Low-income individuals
• People with disabilities
• Individuals age 65 and older
• Bicycle and pedestrian advocates
• Transit users who depend on transit for accomplishing daily activities
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 20
• Transit users
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Ms. Marland is a member of the Visioning Team in Sisters, where transportation is her main
focus.
• She is a member of Age Friendly Sisters Country, which advocates for improvement of
transportation for residents of Sisters, especially the senior population.
Walter R. McCoin
1900 NW 22"d St.
Redmond
Occupation: Commercial Sales Manager at Points Tires of Central Oregon
Eligibility:
• Transportation logistics representatives (e.g. mechanics, fleet purchasing, highway/road
maintenance, vehicle equipment, bus technology)
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• As the salesman for Points Tires, Mr. McCoin has contact with all types of people and businesses
involved with transportation, including the state and county.
Jeff Monson
1529 NW Cumberland Ave.
Bend
Occupation: Executive Director at Commute Options
Eligibility:
• Bicycle and pedestrian advocates
• Employers
• Transit Users
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Mr. Monson hopes to shape the role of Public Transportation in Deschutes County.
• He has served on numerous transportation committees over the last 20 years.
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 21
Christopher N. Morrow
22025 Hwy 20 E
Bend
Occupation: Retired Transportation Agency Director at the Alaska Dept. of Transportation & Public
Facilities
Eligibility:
• Individuals age 65 and older
• Public Transportation Service Providers
• Transportation logistics representatives (e.g. mechanics, fleet purchasing, highway/road
maintenance, vehicle equipment, bus technology)
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Mr. Morrow has 30 years of experience in a state transportation agency, working as a licensed
civil engineer in the following areas: preliminary and final designs, traffic engineering,
environmental engineering, public involvement, construction, and maintenance & operations.
• He was a project manager for a diverse number of transportation projects including bike paths,
streets, arterial and collector roads, airport runways and taxiways, and area wide transportation
planning studies.
• He retired in 2006 as a Director of Construction/Maintenance/Operations in the Southeast
Region of Alaska's DOT&PF.
Jordan Ohlde
655 NE Kearney, Bend
Occupation: Movie Theater Employee
Eligibility:
• People with disabilities
• Transit users who depend on transit for accomplishing daily activities
• Transit users
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Mr. Ohlde currently serves on RPTAC and has an interest in making sure public transit services
are accessible so people can have improved mobility options.
• He rides CET daily and provides input to drivers and staff to improve services.
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 22
• He has advocated for better transit and access to transit for over 10 years and serves on several
committees: High Desert Advocates, COCA, and the Regional Public Transit Advisory Committee
RPTAC.
Vinna Ottaviano
1107 NW Knoxville Ct.
Bend
Occupation: N/A
Eligibility:
• Bicycle and pedestrian advocates
• Transit users who depend on transit for accomplishing daily activities
• Transit users
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Ms. Ottaviano rides the bus to school every day, and it often affects my timely arrival. As a
minor, she relies on public transit because she cannot drive herself.
Donald Penner
20635 Wild Goose Ln.
Bend
Occupation: IT Specialist at Jeld Wen
Eligibility:
• People with disabilities
• Individuals age 65 and older
• Bicycle and pedestrian advocates
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Mr. Penner has lived here 45+ years and is an avid cyclist.
• He has a daughter that lives in a wheelchair.
Kelsey Rook
150 NE Xenolith St.
Terrebonne
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 23
Occupation: Homeowners Association Manager at Eagle Crest Resort
Eligibility:
• Low-income individuals
• Social equity advocates
• Transit users
• Major destinations for users of public transit (e.g. large employers, resorts)
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Ms. Rook recently served on the Terrebonne Refinement Plan Advisory Committee in the role of
Community Member At -Large, where she learned more about the legislative, planning, and
public involvement processes for large-scale transportation projects.
• She is invested in expanding local transit options for those residing and working outside of Bend
city limits.
Sara Anne Russell
176 Windance Ct.
Bend, Oregon
Occupation: Housekeeping
Eligibility:
• Low-income individuals
• People with disabilities
• Transit users who depend on transit for accomplishing daily activities
• Transit users
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Ms. Russell commutes between Redmond and Bend and understands the need for dependable
transit service.
• She wants to make sure service is equitable for everyone across Central Oregon and is involved
in the Regional Public Transit Advisory Committee (RPTAC).
Sandy Schmidt
2115 NW Panama St.
Bend
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 24
Occupation: Family Access Network (FAN) Advocate at Bend La Pine School District
Eligibility:
• Low-income individuals
• Public and private health, social, and human service providers
• Educational institutions
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Ms. Schmidt hopes to be able to represent the needs of Bend -La Pine School students and their
families who are low income and have limited assets.
Matthew John Schmitz
1276 NW Portland Ave.
Bend
Occupation: Fleet Manager at Robberson Ford
Eligibility:
• Employers
• Residents representing different areas of Deschutes County commerce and/or business
community
• Transportation logistics representatives (e.g. mechanics, fleet purchasing, highway/road
maintenance, vehicle equipment, bus technology)
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Mr. Schmitz oversees all aspects of the Fleet Department at Robberson Ford.
• In this role, he assists local businesses and government agencies in all aspects of fleet
management, including vehicle procurement, maintenance, and repair.
• He is well versed in current fleet industry products, services, and trends and can provide
valuable insight from the perspective of a major manufacturer of fleet vehicles and
transportation solutions.
Iman Simmons
1576 NW City Heights Dr.
Bend
Occupation: Chief Operating Officer at St. Charles Health System
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 25
Eligibility:
• Social equity advocates
• Employers
• Public and private health, social, and human service providers
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Ms. Simmons has a MPH and brings a public health perspective.
• She is an employee of largest health care provider in Central Oregon.
• She is also a member of the Bend citizen transportation advisory committee (CTAC) and would
bring that perspective to the STIF Committee.
Ken Thorp
51753 Bridge Dr.
La Pine
Occupation: Special Education Teacher for Bend La Pine School District
Eligibility:
• Low-income individuals
• People with disabilities
• Social equity advocates
• Transit users who depend on transit for accomplishing daily activities
• Educational institutions
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Mr. Thorp has been a Special Education Teacher for students aged 14-21 for 25 years, with 17 of
those in La Pine.
• His goal is for individuals with disabilities to be as independent, engaged, and productive
members of their community and consistent and effective public transportation is key to
meeting this goal.
• He has used CET as part of his entire class programming with the hope being they will be
comfortable and confident in using transportation services.
• Mr. Thorp works closely with DHS accessing free/reduced passes and he has worked directly
with low income families in La Pine for 17 years.
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 26
James Tice
1109 NW Knoxville Ct.
Bend
Occupation: Retired
Eligibility:
• Individuals age 65 and older
• Bicycle and pedestrian advocates
• Local governments, including land use planners
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Mr. Tice has 30+ years of experience as a land use planner working in Washington County, OR.
• He is also an avid biker/runner.
Sintha Townsend
179 SW Hayes Ave., Apt. 3
Bend
Occupation: Department Manager at Walmart
Eligibility:
• Low-income individuals
• Bicycle and pedestrian advocates
• Transit users who depend on transit for accomplishing daily activities
• Transit users
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Ms. Townsend has used area transit as her main source of transportation over the last decade
she would like to represent other riders.
• As a transit rider, she has gotten to know many of the concerns that face transit users and she
would like to use her knowledge of the local transit system to help improve services in the
county.
Livia VanLoo
2223 NW Evergreen St.
Bend
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 27
Occupation: Physical Therapist at Therapy Works and Hospital
Eligibility:
• Bicycle and pedestrian advocates
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Ms. Livia would like to serve on the committee to improve safety for bike commuting to make it
a more consistent choice for daily trips.
• While she has tried to commute via bike, she is very concerned about taking kids on bike due to
traffic and inconsistent pathways.
Elroy Waldron
64330 Bend Redmond Hwy.
Bend
Occupation: Hwy Construction at Waldron and Sons, Inc.
Eligibility:
• Public Transportation Service Providers
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Mr. Waldron has experience in fiscal responsibility for money spent for design and construction.
Steve Wilson
1011 SW 13th St.
Redmond
Occupation: Engineer at City of Redmond
Eligibility:
• Low-income individuals
• People with disabilities
• Bicycle and pedestrian advocates
• Local governments, including land use planners
• Public and private health, social, and human service providers
• Educational institutions
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 28
• Transportation logistics representatives (e.g. mechanics, fleet purchasing, highway/road
maintenance, vehicle equipment, bus technology)
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Mr. Wilson has lived and worked in Central Oregon for 23 years, 7 years private sector
engineering, 2 years Housing Authority, 14 years City of Redmond engineering.
• He has a unique combination of experiences, including design and construction of public
improvements and design and construction of facilities for special needs populations including
mental health residential and medical facilities, and low-income population housing and
facilities.
• He served as VP and President of Redmond Habitat for Humanity for 2 years, currently serve an
outdoor market community as board president for 4 years, and founder/president of a non-
profit educational scholarship foundation.
Dan Youmans
18160 Cottonwood Rd., PMB 536
Sunriver
Occupation: Self Employed Government Relations Consultant
Eligibility:
• Employers
• Residents representing different areas of Deschutes County commerce and/or business
community
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Mr. Youmans serves on the Board of Directors for the Sunriver Area Chamber of Commerce,
where he leads transportation issues.
• As a Chamber Board Member, he would bring this perspective from our local business
community.
• He has extensive experience in working on public policy issues, including transportation, from
his work in state and local government relations for AT&T in the state of Washington for nearly
20 years.
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 29
Rachel Zakem
465 NE Olney Ave. #11
Bend
Occupation: Transit Planning Specialist at Cascades East Transit
Eligibility:
• Public Transportation Service Providers
What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal
and/or professional experiences have prepared you to serve in this role?
• Ms. Zakem will contribute her transportation planning experience to the committee as CET's
Transit Planning Specialist.
• She serves as an alternate to Andrea Breault on the Crook and Jefferson County STIF advisory
committees, conducts data analysis for CET's 2040 Transit Master Plan, and participates in
outreach and engagement initiatives across the region to ensure CET riders have updated bus
information and schedules.
Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 30
Terrebonne Public Meeting Summary (November 10):
• 196 Signed in Attendance
• 106 Households marked on Map (Deschutes County 66 Households)
• ODOT Presented on the following items:
o Refinement Plan Goals
■ Improve the safety and operation of the US97 / Lower Bridge Way
Intersection
■ Reduce speeds through Terrebonne
■ Improve the safety and operation of the US97 / B Avenue (Smith Rock
Way) Intersection.
■ Improve and Address Pedestrian Safety across US97 and throughout the
corridor
■ Address left turn movement safety issues at A Avenue, C Avenue, Central
Avenue and properties along US97
o Review of Stakeholders
■
Terrebonne Community
■
Business Owners within Terrebonne
■
Crooked River Ranch
Deschutes County
■
Jefferson County
■
School District
■
State Parks
■
ODOT
■
Emergency Services
■
Freight Industry
■
Bike and Ped Community
■
Agricultural Community
■
Tourism Industry
■
US97 Commuter Traffic
o Timeframe Update
■ Final Design Work needs to begin early 2020 to meet 2022 Construction
Requirement
o Options moving forward
■ Option 1— Proceed with the Couplet Alternative, and construct
improvements in 2022
■ Option 2 — Proceed with only an Interchange at Lower Bridge Way and
US97 that is flexible to work with any foreseeable scenarios, and
construct improvements in 2022.
OPTION 1— Couplet Alternative
OPTION 1 with additional additives (Signals / 121h St. Extension)
OPTION 2 — Interchange Only
s 'N
r r a
ODOT Open House 11 /14/19
Comment Card
Couplet Refinement
1. Does adding signals to the couplet alternative make it a more desireable alternative: YES / NO
(circle one). Why?
No _. 66 (Common Response N Traffic already backs up now, it would be -worse -with signals)
Yes m 38 (Common Response - They would create better 07 access)
2. Does creating a parallel street within Terrebonne east of 1 1 th Street (12th to 13th) make
the couplet alternative more desireable: YES / NO (circle one). Why?
Yes - 54 (Common Response ri Creates flexibility for Terrebonne Residents)
No - 30 (Common Response - Creates other neighborhood issues.)
3. Are there any other adjustments to the couplet alternative that would make it more
desireable?
No - 28
Yes .. 15
Interchange Only
4. What comments, or suggestions, do you have regarding the "interchange only"
concept presented?
Decision Point
5. If choosing between building the entire couplet alternative, or just constructing an
interchange at Lower Bridge Way that is forward compatible with both a Couplet and
Five Lane Alternative, what would be your preference? (circle one).
61 Couplet Alternative 48 Interchange Only
I_ i _I
Why?
Comment Card Summaries
• More than half of the respondents were in favor of the couplet versus interchange only.
• Of those indicating the interchange only option was preferred, although not asked
directly, about 15 indicated that they preferred a 5-lane.
• There were about20 comment cards that expressly included opposition to the couplet,
instead for either "do nothing" or 5 lane preference
• Over 60 respondents said they do not support a signal for the couplet. Among them,
30+ indicate general opposition to signals in any scenario fearing back-ups on US97.
Conclusions from Public Meeting
Based on public feedback at the meeting regarding the couplet option as the preference, the
preferred alternative submitted in the refinement plan remains reasonable and the best
alternative for implementation. Though it is true that full consensus has not been reached
within the Community, and if the County is still not ready to support the proposed couplet,
ODOT recommends proceeding with an Interchange Only concept.
Recommended Next Steps — if County is not ready to adopt Couplet Option
Proceed with Least Impact/Least Cost Interchange Only Design, given:
- Technical findings clearly point to Couplet as superior in meeting the Objectives.
- Other indicators (majority at public meeting, AC, Planning Commission) point to
Couplet as the preferred option.
- Even if an interpretation of public comment reflects an impasse, this still makes it
highly risky (e.g., public support, cost -benefit feasibility, and implementation time
for a 5-lane) to create more impacts than necessary, and spend more HB 2017 $'s
than necessary (putting the funds to other higher priorities within Terrebonne).
- Still accommodates any future scenario, but all costs to modify the interchange for
any option (e.g., 5-lane or Couplet) would be deferred to the future.
- Defers Right of Way acquisitions and potential significant property impacts to the
future when final option is agreed upon.
Review and identify additional improvements within Terrebonne that address Speed,
Access, and Pedestrian Safety that are forward compatible with future alternatives, and
Design to coordinate with / include with Interchange Construction. Potential
improvements could include:
- Rapid Flashing Beacon for Pedestrian Crossing
- Southbound US97 U-turn option to return Northbound (mitigates potential
northbound left turns onto US97 from west side of Terrebonne)
- 111" Street improvements
- Curb & sidewalk infill
- Curb extensions at intersections
• Share design with public through Open Houses, Focus Groups, One -on -Ones, Advisory
Committee, etc.
Work through Intergovernmental Agreement (IGA) amendments with Deschutes &
Jefferson County regarding proposed improvement
Background:
• Current Traffic Issues
o US97/ Lower Bridge Way intersection and 111" Street/Smith Rock Way currently
exceed the ODOT critical crash rate over the past 5 year period.
o The following intersections do not meet mobility targets for the side -street
turning rnovernent.
■ US97/Lower Bridge Way
■ US97/C Avenue
■ US97/13 Avenue
o Speed data collected shows that the 85t" Percentile speed on US97 exceeds the
posted speed by 19 mph.
o The pedestrian network throughout the urban area is largely incomplete.
• Future Traffic Issues
o The following Intersections are not forecasted to meet mobility targets for
either the side -street or mainline movement under 2040 conditions.
■ US97/Lower Bridge Way
■ US97/C Avenue
U597/B Avenue
Ilt" Street / Smith Rock Way
US97/11th Street
o The following intersections are expected to have queues that exceed available
storage or exceed past adjacent intersections under 2040 conditions.
■ US97/Lower Bridge Way
US97/ C avenue
US 97/ B avenue
• HB2017 allocated $20M to evaluate solutions for safe access on US97 through
Terrebonne including pedestrian crossings, an overpass or a grade separated
interchange at the US97/Lower Bridge Way intersection.
• Deschutes County, Jefferson County & ODOT entered into an IGA in March 2017 to
develop a Refinement Plan for the Terrebonne unincorporated rural community
including Lower Bridge Way / Foss Drive on the North, NW19th Street on the west: the
rail right of way on the east; and NW 10th Street on the South.
"To Develop a refinement plan that addresses the US97 highway corridor through
Terrebonne from Lower Bridge Way to NW 101" Street focusing on safety for all modes.
I ne refinement pion will develop long-term improvement and management options and
also identify short and/or mid-term solutions as appropriate. The plan will build on the
prior work done in the 2010 Terrebonne Community Plan and the 2012 Deschutes
County TSP. "
L�\)I ES CMG
4 2
r) 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 December 9, 2019
DATE: December 5, 2019
FROM: Tom Anderson, Administrative Services, 541-388-6565
TITLE OF AGENDA ITEM:
Urban Renewal Overview Plan
Matt Steward, City of Bend Urban Renewal Project Manager will present an overview of the
proposed CORE area urban renewal district located in Central Bend. The proposal affects four
County taxing districts, including the Deschutes County base levy, the Countywide Law
Enforcement District, 911 Taxing District, and the Extension/4H District. The overview will
describe existing conditions, proposed improvements, timing, and specific district future tax
collection impacts.
6[I�D CITY OF BEND
IU CORE AREA PROJECT
Summary of Preliminary Draft b•
FinanceRenewal
PREPARED FOR: Bend Urban Renewal Advisory Board
COPY TO: Project Team
PREPARED BY: Lorelei Juntunen, ECONorthwest; Becky Hewitt, ECONorthwest;
Nick Popenuk, Tiberius Solutions
DATE: December 3, 2019
4
This memorandum provides the Urban Renewal Advisory Board (DRAB) with an overview of the
preliminary draft finance plan for the proposed Core Area Urban Renewal District (URD).
The purpose of the finance plan is to demonstrate financial feasibility by showing that the
projected increase in property value within the urban renewal boundary will create enough Tax
Increment Financing (TIF) revenue to pay for the costs of the projects that will be adopted in the
Urban Renewal Plan and Report. It shows when the City is likely to be able to borrow money to
pay for urban renewal projects, how much it will be able to borrow each time, and how much
extra revenue it is likely to have for smaller expenditures after making debt payments. It can
also show when specific projects or categories of projects are expected to be funded and in
what amounts.
The finance plan takes into consideration:
® Revenue assumptions:
- Existing assessed value within the URD
- Growth assumptions for assessed value due to appreciation and new development
- Adjustments for non -collection of delinquent tax revenue and deferred tax payments
from prior years'
® Expenditure assumptions:
- Timing and amount of project costs (the share to be funded with Urban Renewal),
including the need for borrowing to fund projects and inflation in project costs
- Borrowing limitations (e.g. debt coverage ratios, which set how high loan payments can
be relative to the incoming TIF revenues), interest on debt used to pay for projects, and
financing fees
The assumptions in the finance plan are not binding to implementation of the urban renewal
plan, but,they are intended to be a best guess and to create reasonable expectations about
when projects can be funded.
' The finance plan also considers whether statutory requirements for revenue -sharing with overlapping taxing districts are
applicable. In the case of this urban renewal area, the forecast shows that they are not applicable.
SUMMARY OF PRELIMINARY DRAFT URBAN RENEWAL FINANCE PLAN
The current draft of the finance plan is based on the recommendations for key finance plan
parameters from URAB at the last meeting:
® Assume roughly 5% average annual growth in assessed value
® Assume an urban renewal plan duration of up to 30 years
® Target $100-125 million in funding capacity (in 2020 dollars)
Other assumptions are based on industry standard, best practices, and input from the City's
urban renewal and finance staff.
At URAB Meeting #6 (December 11, 2019), the team will provide a summary of the draft finance
plan and request feedback from URAB on the following key questions:
® Does funding for certain categories of projects need to be accelerated or emphasized more
during earlier years?
® If so, what type of projects should be shifted to later years to free up funding?
In addition, the project team welcomes any questions or feedback from URAB on the specific
projects proposed for inclusion in the plan.
Figure 1 illustrates how TIF is projected to grow over time for the proposed URD, and how
Bend's Urban Renewal Agency (BURA) could borrow against future TIF revenue to accelerate
the timeline to fund projects. This accelerated funding becomes available in larger increments
during the years of borrowing and debt issuance, while smaller increment amounts are available
(following debt repayment) in other years to support on -going programmatic investments. Debt
in the early years is limited by the amount of revenue available to cover debt payments
(reflected in Figure 1 by the gradual increase in "shading" of "Net TIF Revenues"); while debt in
later years is limited by the remaining time available to pay off debt issued earlierin i� the plan.
SUMMARY OF PRELIMINARY DRAFT URBAN RENEWAL FINANCE PLAN
Figure 1: TIF Revenues and Amount of Funding for Projects (in YOE dollars)2
$25 M
$20 M
$15 M
$10 M
$5 M
oti�o�oo�°o��'o�°o��o��'o�°lz�s o�0��03°0`� <''03°O AA °b ol°°0°�0°�00°�0°0°°0°�0°
ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti T T ti ti ti ti ti ti ti ti ti ti ti ti ti
Net TIF Revenue (YOE dollars) w Total Spending on Projects (YOE dollars)
The total tax increment collected over the life of the plan determines how much money can be
spent on projects (called the "Maximum Indebtedness" or MI). Based on the assumptions
described above, the URD would yield a Net Increment of just over $237 million, resulting in an
MI of just over $195 million3, that can fund close to $112 million (in 2020 dollars) of urban
renewal projects, after taking inflation into account.4
Figure 2 shows the amount of revenue that is anticipated to be available in five-year increments.
Even with borrowing, funding for projects in the first five years is expected to be limited to about
$10 million (in 2020 dollars), with more available in later years. The emphasis on borrowing to
deliver catalytic investments as early as possible means that potential expenditures drop in
years 11-15 relative to years 6-10.
2 This chart shows funding for projects in YOE dollars for consistency with TIF revenues. In other sections of this document and
other charts funding for projects is reported in 2020 dollars to better align with project costs.
3 ORS 457 sets limits on the maximum indebtedness based on the urban renewal district's total assessed value. The proposed MI
for this urban renewal district is consistent with those limits.
4 The MI is required by statute to be stated in nominal (i.e., year -of -expenditure dollars), thus to truly understand the financial
capacity of a new URD, it is helpful to adjust the MI for inflation and present it in real terms (i.e. constant 2020 dollars). Note also
that funding for projects includes financing fees.
SUMMARY OF PRELIMINARY DRAFT URBAN RENEWAL FINANCE PLAN
Figure 2: Estimated Financial Capacity by Time Period (in 2020 dollars)
$30 M
$25 M
$20 M
$15 M
$10 M
$5 M
Years 1-5 Years 6-10 Years 11-15 Years 16-2 0 Years 21-2 5 Years 2 6-3 0
Based on input from URAB at previous meetings regarding the desired allocation of urban
renewal funds and the priorities for funding in early years, the project team has created an initial
draft of the finance plan that allocates funding to projects in specific time periods.
At the meeting on October 1, 2019, URAB recommended the following allocation of funds to
broad project categories:
• Transportation, Streetscape, and Utility Infrastructure: 52%
• Affordable Housing Re/Development Assistance, Partnership, & Support: 18%
• Business and Re/Development Assistance, Partnership, & Support: 15%
• Public/Open Space, Facilities, Amenities, & Wayfinding: 10%
• Plan Administration, Implementation, Reporting, & Support: 5%
URAB also indicated support for investing in streetscapes, housing, existing businesses, way -
finding, and art in the early years of the urban renewal plan.
Figure 35 shows the proportion of project spending in the first five years and the total spending
on projects over the life of the URD. The overall distribution of funds closely matches the
allocations recommended by URAB. In the first five years, the proposed allocations direct a
significant portion of funding toward transportation (primarily bike/pedestrian improvements) and
streetscape improvements, with additional funding for affordable housing, business
enhancement and support, and utility infrastructure.
5 For informational and illustration purposes, the Transportation, Streetscape, and Utility Infrastructure project category is broken out
into three project types — Transportation & Bicycle/Pedestrian, Streetscape, and Utility Infrastructure, to better demonstrate funding
allocation.
SUMMARY OF PRELIMINARY DRAFT URBAN RENEWAL FINANCE PLAN
Figure 3: Proportion of Projected Spending First 5-Years and Total Project Cost by Project Type
100%
® Studies, Planning &
90% 4�io Administration
5%
80%
70%
60%
50%
40%
30%
20%
10%
0%
Yea rs 1-5
15% Public/Open Space,
Facilities, Amenities
Development,
18% Building/Business
Enhancement & Support
Tota I
Affordable Housing
IN Streetscape
Transportation & Bike/Ped
Utility Infrastructure
Figure 4 illustrates potential urban renewal spending by category in 10-year increments. Staff
identified the recommended project timing based on the following considerations.
• Transportation, streetscape, and utility infrastructure projects:
• Water, sewer, and stormwater projects are reflective of the recommendations identified
in their respective adopted public facilities and master plans.
• The timing of transportation and bicycle/pedestrian projects is reflective of the phasing
recommendations in the current TSP project list (note that years 1-9 in the urban
renewal plan correspond to the "Near -Term" in the TSP).
• Streetscape projects are reflective of synergy projects and "low -hanging fruit" in the early
years, with larger efforts in the later years.
• For affordable housing, the timing is reflective of initiating funding prior to potential
property value escalations, and continuing to fund programmatically throughout the life of
the plan, as funding allows.
• For business, building, enhancement & development support, the timing is reflective of
providing seed funding (e.g. for a revolving loan fund) for improvements to existing
buildings/businesses in the early years, with greater emphasis on supporting new
development in the latter years.
• For public/open space, way finding, and amenities, the timing is reflective of
emphasizing smaller investments in wayfinding, signage, and private art installations early,
with funding in the later years for larger public parks/plazas and open space capital projects.
SUMMARY OF PRELIMINARY DRAFT URBAN RENEWAL FINANCE PLAN
® For studies, planning, and administration, the timing is reflective of consistent funding
throughout the life of the plan to develop and advance other projects as necessary.
Figure 4: Projected Spending by Time Period by Project Type (in 2020 dollars)
$50 M
$45 M
■Studies, Planning&
Administration
$40 M
e Public/Open Space,
Facilities, Amenities
$35 M
Development,
$30 M
Building/Business
Enhancement & Support
$25 M
Affordable Housing
$20 M
$15 M
e Streetscape
$10 M
Transportation & Bike/Ped
$5 M
p m Utility Infrastructure
Year 1-10 Year 11-20 Year 21-30
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g{gypCITY OF BEND
CARE AREA PROJECT
The draft finance plan shows that it is financially feasible, based on the projected TIF revenues
generated from a 5% average annual growth in assessed value over a 30 year time period, to
fund roughly $112 million of projects (in 2020 dollars). The project team has estimated the
amount of funding available in different time periods based on these revenues and best
practices for ensuring adequate funding to cover debt obligations. Funding available is likely to
shift slightly through refinement of the finance plan, but not in a way that affects overall financial
feasibility.
The overall allocation of funds to project categories aligns with input from URAB at previous
meetings, but a key focus for URAB's input is the timing of expenditures within each category.
Put another way, the height of the bars in the charts is largely set, but URAB can offer feedback
about how to allocate the funds in each period among the project categories or to specific key
projects.
The key questions for URAB at Meeting 6 (December 11, 2019) are:
® Does funding for certain categories of projects need to be accelerated or emphasized more
during earlier periods?
• If so, what type of projects should be shifted to later years to free up funding?
13
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o' �� Deschutes County Board of Commissioners
v�uu 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 December 9, 2019
DATE: December 4, 2019
FROM: Hillary Saraceno, Health Services, 541-317-3178
TITLE OF AGENDA ITEM:
Update to Application Process for the Department of justice, Office on Violence Against
Women, justice for Families Grant
RECOMMENDATION & ACTION REQUESTED:
This report is for information only; there is no staff recommendation.
BACKGROUND AND POLICY IMPLICATIONS:
In tha Parr/ gMn'-. mPclia coverage of horrendous homicide cases of domestic violence
and custody disputes mobilized the court, law enforcement, Saving Grace and Deschutes
County to pursue funding to establish a Supervised Visitation & Safe Exchange Center.
Planning for the Supervised Visitation & Safe Exchange Center began in 2003 and since then
the County has received over $2 million in grant funds from the Department of justice, Office
on Violence Against Women to fund Mary's Place. The County applies for and receives the
grant and subcontracts with Saving Grace to operate Mary's Place. The County provides
program and fiscal oversight.
Mary's Place provides a safe, secure site in the Mike Maier Building for visitation and
exchanges of children between custodial and non -custodial parents with a history of
domestic violence, sexual assault, child abuse or stalking. Parents are referred to Mary's
Place by the court. The primary goal of this program is to keep survivors of domestic and
dating violence, sexual assault and stalking and their children safe and to hold batterers
accountable. Mary's Place is the only Supervised Visitation & Safe Exchange Center operating
in the state of Oregon. In 2017 the project expanded to include a bilingual (Spanish)
advocate stationed at the court house. The primary goal of the advocate is to improve access
to justice by assisting with the restraining order process and connecting survivors to
community resources.
Until recently Deschutes County was required to be the applicant for the grant. Saving
Grace is now eligible to apply on their own and they plan to do so for the 2020
application. This change would not impact program operations; Mary's Place will continue
to serve a minimum of 40 families per month and station an advocate at the courthouse.
The County will no longer provide program and fiscal oversight.
FISCAL IMPLICATIONS: None
ATTENDANCE: Sarah Peterson, Management Analyst, Deschutes County Health Services;
Jeff Hall, Trial Court Administrator, Deschutes County Circuit Court
C.��)1 E S CMG
o " Deschutes County Board of Commissioners
w 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 December 9, 2019
DATE: December 4, 2019
FROM: Peter Russell, Community Development, 541-383-6718
TITLE OF AGENDA ITEM:
Proposed Naming of 30-Foot-Wide Public Road as Nary Lane Prior to 12/18/19 Public
Hearing
RECOMMENDATION & ACTION REQUESTED:
Discuss Nary Lane application
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County Code (DCC) Chapter 16.16 governs naming of roads. Heidi Narver, an
adjacent property owner, submitted an application (247-19-000048-RN) to name a 30-foot-
wide public road as Narv. The road would be used to access her property. Staff has approved
the application, which will come before the Board on December 18 in a public hearing for
Board Order 2019-048. That order presents and implements the decision..
FISCAL IMPLICATIONS: None
ATTENDANCE: Peter Russell, Senior Transportation Planner, CDD
TO: Board of County Commissioners
FROM: Peter Russell, Senior Transportation Planner
DATE: December 4, 2019
RE: December 9 work session on proposed road name of Nary Lane
Background
Heidi Narver owns the property at 2965 Walker Road, aka County Assessor Map 17-14-34AA, Tax
Lot 100. A 30-foot-wide public road runs along the property's eastern edge south of Walker Road
for approximately 1,125 feet. Ms. Narver has safety concerns about using Walker as her driveway
access and checking her mail. She would prefer to take her access from the unnamed public road
along the property's eastern edge, which requires the public road be named.
Staff decision
Ms. Narver, in accordance with Deschutes County Code 16.16 (Road Naming), submitted an
application (file 247-19-000574-RN) to name the public road. The Property Address Coordinator
and staff reviewed the four proposed names and selected Narv. under DCC 16.1 U.030(E)(2)(d) roads
of reduced width shall be called lanes or terraces; staff selected lane.
Staff queried the applicant for the reason for the name and Ms. Narver explained Nary was a family
nickname and this name would be in tribute to her late brother. She also did not want her full last
name used.
The staff decision and exhibits are attached for the Board's convenience.
Next steps
To date, staff has received no appeals from the parties sent notice of the decision in accord with
DCC 16.16.030(G). The 10-day appeal period ends December 12 and DCC 16.16.030(1) requires the
Board to hold a public hearing within 10 days of the appeal period's end. Staff has scheduled a
Board hearing for December 18 for Board Order 2019-048, which would implement the approval of
file 247-19-000574-RN and the name Nary Lane.
Staff is available for any questions.
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
Q, (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd
Enclosures:
Board Order 2019-048
Board Order 2019-048 Exhibit A, Map showing Nary Lane
Board Order 2019-048, Exhibit B, staff decision approving file 247-19-000574-RN (Nary Lane)
Page 2 of 2
REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Assigning the Name of Nary Lane to a
Public Road Extending Approximately 1,125 Feet
South of Walker Road.
ORDER NO.2019-048
WHEREAS, Heidi Narver applied to assign a road name pursuant to Deschutes County's Code, Title
16, Addresses and Road Names, to assign the name of Nary Lane to a 30-foot-wide public road located in
Township 17 South, Range 14 East, Section 34AA, W.M.; and
WHEREAS, all public notices required to be given under 16.16.030(B) regarding the proposed name
have been given; and
WHEREAS, the appeal period for appealing the Community Development Department's approval
expired; and
WHEREAS, DCC 16.16.030(I) requires the road names be assigned by order of the Board of County
Commissioners; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. That the name of Nary Lane be assigned to a 30-foot-wide public road to provide access
to the east edge of the property at Township 17 South, Range 14 East, Section 34AA, Tax Lot 100, as set forth
in Exhibit "A" and Exhibit `B," attached hereto and incorporated herein.
Dated this of , 20.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PHILIP G. HENDERSON, Chair
PATTI ADAIR, Vice Chair
ANTHONY DeBONE, Commissioner
PAGE I OF 1-ORDER No. 2019-048
FILE NUMBER:
APPLICANT:
FINDINGS AND DECISION
247-19-000574-RN
Heidi Narver
REQUEST: The applicant requests to establish the name Nary Road for a 30-foot-
wide public road located south of Walker Road along the east edge of
the property at Township 17, Range 14, Section 34AA, Tax Lot 100. The
public road terminates approximately 1,125 feet south of Walker Road.
STAFF CONTACT: Peter Russell, Senior Transportation Planner
APPLICABLE CRITERIA:
Title 16 of the Deschutes County Code, Addresses and Road Names:
Chapter 16.16, Road Naming
BASIC FINDINGS:
LOCATION: The subject area is a 30-foot wide public road which was dedicated for public
road and utility purposes. The public road begins on the south side of Walker Road and
extends roughly 1,125 feet to the south. The area is located in the Bend postal area, and is
further described as being in the northeast quarter of the northeast quarter of Township 17
S, Range 14 E, Section 34AAC, and Tax Lot 100.
Pursuant to Deschutes County Code (DCC) 16.16.030, the applicant, Heidi Narver, initiated
the application to establish the name for the public road on July 18, 2019.
Notice of this proposed road naming was mailed out to public agencies that provide services
in this area (Bend Fire Department; Central Electric Cooperative; Deschutes County Assessor;
Deschutes County Road Department; Deschutes County Surveyor; Prineville office, Bureau
of Land Management (BLM); Property Address Coordinator, and the Watermaster).
117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
V (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd
PUBLIC AGENCY COMMENTS:
Property Address Coordinator - Traci Griffin, in Nov. 1, 2019, e-mail, Peter - Per
16.16.030(E)(2)(d), this right of way will need to be either Lane or Terrace. Lane is probably most
appropriate for the area.
Central Oregon Irrigation District - Kelly O'Rourke, Land Use Specialist, in Nov. 8, 2019, e-
mail, Please be advised that Central Oregon Irrigation District (COID) has reviewed the provided
application dated October 30, 2019 of the above referenced project. COID does not have
comments related specifically to the applicants request to establish the name Nary Road for a
30 foot -wide public road as described in the application. Our response is based on the
information provided and is subject to change. Additional requirements may be made as site
planning progresses or additional information becomes available.
Please note that COID's main canal, Central Oregon Canal, is located within the vicinity of the
subject property, contact COID if any work will be done near the COID facilities.
No other agencies responded.
PUBLIC COMMENTS: Notice was sent to the two properties that abut the public road per
DCC 16.16.030(B), one of which is the applicant's and the other is the BLM. No comments
were received. The posted sign did generate a few phone calls asking about the proposal,
but no written comments were received.
CONCLUSIONARY FINDINGS:
CHAPTER 16.16, ROAD NAMING
Section 16.16.010, Road Naming Authority
A. Deschutes County, through the Community Development Department, shall
have the authority to and shall assign road names to roads requiring names
as provided in DCC 16.16.
FINDING: Deschutes County's Planning Division reviewed the road name application consistent
with the requirements of DCC 16.16.
16.16.020, Unnamed Roads
All unnamed public and private roads and other roadways which provide access to three
or more tax lots, or which are more than 1,320 feet in length, shall be assigned a name in
accordance with the procedures in DCC 16.16.030.
FINDING: The public road provides access to two lots, including the Deschutes County Alfalfa Transfer
and Recycling Station. A dirt road connects to the dedicated public right of way, ultimately reaching
Exhibit B, BOCC Order 2019-048, (File 247-19-000574-RN Nary Lane)
Page 2 of 8
Reynolds Pond, a recreational site on Bureau of Land Management (BLM) land. While there is a gravel
road to the pond, the right of way dedicated to Deschutes County does not extend onto BLM land.
16 16 030 Procedures for Naming New Roads
A. Application.
1. The naming of a road may be initiated by the Community
Development Department, Planning Commission, the Board, or by
application of adjacent property owners, developers, or public
agencies which may be affected by road names.
FINDING: This application was initiated by Heidi Narver, an adjacent property owner at 25695
Walker Road, aka County Assessor Map 17-14-34AA, Tax Lot 100. The property was created at Parcel
2 by MP-05-14/CU-05-48 and recorded as Partition Plat 2006-020 and reconfigured by LL-08-11.
2. An application to name a road shall be submitted to the Community
Development Department and shall include, at a minimum, the
following.
a. Name of applicant,
b. Location of road by description and or map,
C. Legal status of road, if known,
d. Proposed road name, with two alternate proposed names,
e. Reason for name request,
f. Petition(s) attached, if any, and
g. Fee, if any, as established by the Board.
FINDING: The application submitted by Ms. Narver contained the required information and the
required fee. The application described the location of the public right of way. The public right of
way was dedicated to the public on October 16, 2006, and accepted by the Board of County
Commissioners on January 3, 2007. The dedication appears on the tax map as DED 2007-00713.
The public road dedication was recorded in the Commissioners Journals under Document 2007-
1423 (8/08/2007). Staff reviewed the four proposed names with the Property Address Coordinator
and found all were acceptable; staff selected the applicant's second choice, Nary Road, but modified
the name to Nary Lane for reasons explained below under DCC 16.16.030. The reason for the name
request is the applicant wishes to access her property from the public right way on the east side of
the property rather than Walker Road. The applicant has cited safety concerns of using an access
to Walker Road. Naming the public right of way will ensure adequate response to the site for
emergency responders.
B. Notice of a proposed name assignment shall be sent to all persons owning
property abutting the affected road or having an address on the affected
road. Such notices shall be sent within 10 days of the receipt of an
application, if any, or other action initiating the proposed road name
Exhibit B, BOCC Order 2019-048, (File 247-19-000574-RN Nary Lane)
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assignment.
FINDING: Staff mailed notice to the appropriate Deschutes County and City of Bend departments
as well as private properties which abut or have an address on the affected property.
C. Persons receiving notice under DCC 16.16.030(B) shall promptly notify any
tenants or other occupants of the affected property of the proposed road
name assignment.
FINDING: Staff received no written comments from the noticed public; staff notes the affected
property is vacant and the property owner is the applicant.
D. Any person receiving notice under DCC 16.16.030(B) above may comment in
writing on the proposed name within 10 days from the date of notice.
FINDING: As stated above, staff received no written comments from the noticed public.
E. Standards
1. General. The proposed road name shall.
a. Be limited to a maximum of two words.
b. Not duplicate existing road names, except for continuations of
existing roads.
C. Not sound so similar to other roads as to be confusing.
d. Not use compass directions such as North, East, South, etc., as
part of the road name.
e. Not use designations such as Loop, Way, Place, etc., as part of
the road name.
f. Improve or clarify the identification of the area.
g. Use historical names, when possible.
h. Reflect a consensus of sentiment of affected property owners
and occupants, when possible, subject to the other standards
contained in DCC 16.16.030.
FINDING: The proposed name, as modified, complies with these standards.
2. Particular Roads. The proposed road name shall also conform to the
following standards:
a. North/South roads shall be called "roads" or "streets."
b. East/West roads shall be called "avenues."
C. Roads dead -ending in a turnaround 1,000 feet or less from their
beginning points shall be called "courts."
d. Roads of reduced right-of-way or curving roads of less than
1,000 feet shall be called "lanes" or "terraces."
e. Curving roads longer than 1,000 feet shall be called "drives" or
"trails."
Exhibit B, BOCC Order 2019-048, (File 247-19-000574-RN Nary Lane)
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f. Roads that deviate slightly from the main course of a road with
the same name, are less than 1,000 feet in length, shall be
called "places."
g. Roads that are four lanes or more shall be called "boulevards."
h. Historical roads shall be called "market roads."
i. Roads running at oblique angles to the four points of the
compass, less than 1,000 feet in length, shall be called "ways."
(See Appendix "D," attached hereto.)
j. Roads that begin at and circle back onto the same road, or that
are circular or semicircular, shall be called "circles" or "loops."
FINDING: The submitted name complies with these standards save one. Specifically, the public
right of way is of a reduced width, 30 feet, whereas the County standard for the right of way is 60
feet in width for a local road, according to DCC 17.48.050(A) and Table A. Thus to conform to DCC
16.16.030(E)(2)(d) the name shall be Nary Lane, according to the Property Address Coordinator.
F. Staff Review and Road Name Assignment., The Community Development
Department shall review road name applications and shall assign road
names under the following procedure:
1. Verify legal status of road with the County Clerk's office and Road
Department.
2. Check proposed road name(s) to avoid duplication or confusing
similarity with other existing road names, with those on approved
preliminary land divisions an -a' with those approved or puture use.
3. Perform afield check, when necessary.
4. Assist the applicant or other affected person(s) to find alternate
names when required.
S. Notify appropriate persons, departments and agencies of the road
name application, and request comments.
6. Review and consider all comments submitted.
7. Assign a road name in accordance with the standards set forth in DCC
16.16.030(E) above.
FINDING: The proposed Nary Road is a public right of way dedicated to the County under a Deed
of Dedication on October 16, 2006, and accepted by the Board of County Commissioners on January
3, 2007, and appears on County Assessor Tax Map 17-14-34AA as DED 2007-00713. Staff
coordinated with the Property Address coordinator to ensure the name was not duplicative or
confusing. The 30-foot wide public road appears on CS 17273 dated February 14, 2007. Staff
conducted a site visit. Staff noticed the appropriate entities and considered the submitted
comments. Staff coordinated with the Property Address Coordinator in the naming process. The
submitted names and the review process complies with these requirements, as does the selected
name, Nary Lane.
G. Notice of Staff Decision. Following assignment of a road name by the
Community Development Department, notice of the road name assignment
Exhibit B, BOCC Order 2019-048, (File 247-19-000574-RN Nary Lane)
Page 5 of 8
shall be sent to all persons entitled to notice under DCC 16.16.030(B).
FINDING: Staff will mail notice of the decision to the entitled parties.
H. Appeal. Affected property owners and occupants shall have the right to
appeal the assignment of a road name by the Community Development
Department. Such appeals shall be conducted in accordance with the
provisions of the Deschutes County Development Procedures Ordinance,
except where the provisions of DCC 16.16.030 conflict with the procedures
ordinance, in which case the provisions of DCC 16.16.030 shall apply. Affected
property owners and occupants shall have 10 days from the date of the staff
decision in which to file an appeal. Issues on appeal shall be limited to
whether the Community Development Department correctly applied the
criteria set forth herein.
FINDING: Staff will abide by this section, should a timely appeal be filed by an entitled party as
defined by this section.
I. A road name assignment becomes final when no further right of appeal
established herein is possible. Within 10 days of the road name assignment
becoming final, the Board shall sign an order establishing the road name as
assigned by the Community Development Department.
FINDING: The road name assignment will became finai under Board Order 2019-u4a once the
appeal process has ended.
�. The affected property owners and occupants shall have 180 days from the
date of the Board order of road name assignment to begin using the road
name.
FINDING: This is not a requirement of the Planning Division, but the decision will reference this
language.
K. Notice of Decision. Following the order of the Board naming a road, the
Community Development Department shall:
1. Notify the applicant requesting the road name of the action
2. Send copies of the order naming the road to the following.
a. Road Department
b. Assessor's Office and Tax Office
C. Postmaster
d. Planning Department
e. County Clerk's office
f. Affected telephone and other utilities
g. Affected fire department(s)
h. Local school district(s)
Exhibit B, BOCC Order 2019-048, (File 247-19-000574-RN Nary Lane)
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i. Emergency services, i.e., police, fire, 911, etc.
3. File the original order naming a new road with County Clerk
4. On a monthly basis, the Community Development Department shall
publish a list of changed road names in a newspaper of general
circulation designated for the purpose of the Board.
FINDING: Staff shall provide the required notices to the required entities.
CONCLUSION:
Based upon the above findings, it appears that all relevant criteria and standards established
for a road name of this type have been satisfied.
DECISION:
APPROVAL, subject to the following conditions of approval.
CONDITIONS OF APPROVAL:
1. Deschutes county Road Department will coordinate the posting of a new road
with the Property Address Coordinator.
2. Deschutes County Community Development Department will notify the affected
public agencies of this new road name.
3. The property owners along this road will be notified of this name assignment.
VII. DURATION OF APPROVAL:
This decision becomes final ten (10) days after the date mailed, unless appealed by a party
of interest.
DESCHUTES COUNTY PLANNING DIVISION
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Written by: Peter Russell, Senior Transportation Planner
Exhibit B, BOCC Order 2019-048, (File 247-19-000574-RN Nary Lane)
Page 7 of 8
Reviewed by: Peter Gutowsky, Planning Manager
Exhibit B, BOCC Order 2019-048, (File 247-19-000574-RN Nary Lane)
Page 8 of 8
5 E S CpGZ
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 December 9, 2019
DATE: December 4, 2019
FROM: William Groves, Community Development, 541-388-6518
TITLE OF AGENDA ITEM:
Preparations for Lower Bridge Deliberation
BACKGROUND AND POLICY IMPLICATIONS:
The Board will conduct deliberations for the Lower Bridge Planned Development on December
18, 2019. Staff will conduct a work session to orient the Board to anticipated topics for Board
deliberations.
FISCAL IMPLICATIONS: None.
ATTENDANCE: Will Groves, Legal.
COMMUNITY DEVELOPMENT
STAFF MEMORANDUM
Date: November 2, 2019
To: Board of County Commissioners
From: Will Groves, Senior Planner
Re: Deliberation - Appeal of Hearings Officer Decision (File Nos. 247-19-000405-CU, 406-TP,
407-SMA, 741-A, 757-A)
The Board of County Commissioners (Board) will conduct deliberations on December 18, 2019, at
1:00 PM, on appeals of a Hearings Officer's decision denying a conditional use, tentative subdivision
plan, and Surface Mining Impact Area ("SMIA") site plan review.
1. Application
The Applicant requested conditional use, tentative subdivision plan, and SMIA site plan approval to
establish a 19-lot residential planned unit development ("PUD") on the Subject Property. The
residential lots would range in size from 2 to 5 acres, would comprise a total of 42.5 acres, and
would have access from Lower Bridge Way via private roads. The subdivision would include 2
common area tracts comprising 0.9 acres, 5 open space tracts comprising 94.1 acres, 4.4 acres of
private road, and 2.8 acres of right-of-way dedication for the abutting segment of Lower Bridge Way.
No development is proposed to occur within the Flood Plain Zone of the Deschutes River Canyon
area.
The present application is significantly similar to a 2015 application denied by a Hearings Officer
and withdrawn by the Applicant before the Board. This is referred to as the "2015 decision".
II. Decision
The Hearings Officer denied the application and the decision was mailed on September 24, 2019.
The Hearing Officer's decision quoted extensively from the 2015 decision. The 2019 application was
denied because:
117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
�� (541) 388-6575 @cdd9deschutes.org @ www.deschutes.org/cd
The Applicant did not provide required proof that sufficient financing exists to assure
the proposed development will be substantially completed within four years of
approval.
The Applicant had requested to impermissibly defer compatibility analysis with two
adjacent, non -active surface mines.
The 2019 denial differed from the 2015 denial in several important ways.
• It reevaluated the code provisions relating to including Flood Plain zoned lands in a
PUD and concluded that this was permissible. Additionally, the 2019 decision found
that Flood Plain zoned lands could be included in lot density calculations for the PUD.
It found that compliance with rimrock setbacks could be made conditions of the
approval.
• It found that the lot sizes were adequate for the proposed residential use, given
applicable setbacks and other constraints.
It found potential dust impacts from adjacent Surface Mining zoned properties could
be addressed through a condition of approval.
It found that environmental concerns raised by the mine's long history were
mtAnrvi intohi gr4r1raccar4 fnr tha ni irnncaq of thi-, Pt ID- through recent Department of
Environmental Quality and Oregon Health Authority letters.
III. 150-day Issuance of a Final Local Decision
The 150-day period for issuance of a final local decision is currently January 28, 2020.
IV. Appeal
The Applicant filed an appeal of the Hearings Officer's decision concerning both reasons for denial,
listed above.
Calfa Holdings, LLC appealed the Hearings Officer's decision for the following reasons:
The Hearings Officer erred in concluding that Flood Plain zoned areas can be used as
open space tracts in a PUD subdivision. This has authorized a density transfer to the
upland portions of any PUD or cluster development using flood plain zoned land.
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 2 of 20
This decision has circumvented the County's requirement to perform an economic,
social, energy and environmental ("ESEE") analysis, consistent with Goal 5, which the
County had in fact done in the preliminary stages of the 2019 legislative process.
• The minimum lot size for Flood Plain Zone has not been met in this case. The required
minimum lot size is 80 acres for "areas which have not received an exception to the
Statewide Planning Goals" for resource uses. The Flood Plain Zone portion of this
subject property is Surface Mine Designated and has not received an exception to
resource goals (Goals 3 and 4).
The Hearings Officer erred in concluding that the applicant can defer until building
permit stage to show that Landscape Management Zone rimrock setbacks of 50 feet
will be met.
III. KEY ISSUES
The Board will likely be asked to deliberate and decide on the several matters. This deliberation
summary of party positions is largely composed of direct quotes from record materials. Some
quotes have been edited for brevity, clarity, or issue focus.
1. Is a Planned Development application allowed in the Flood Plain zone?
Issue Summary: This application includes the creation of open space lots in the Flood Plain
(FP) Zone, where "Planned Development" ("PUD") is not one of the listed uses. The proposed
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space, as part of a PUD. "Subdivision" is an allowed use in the zone. The 2015 and 2019
Hearings Officers disagreed on this question.
2015 Hearings Officer: "Neither "cluster development" nor "planned development" is a use
permitted outright or conditionally in the FP Zone. The Hearings Officer finds the text and
context of the provisions of Title 18 defining and governing the three types of subdivisions
make clear they have different characteristics and are intended to be reviewed and approved
under different substantive standards. While it may seem counterintuitive not to permit use
of FP -zoned land for open space within a planned development where such use would
protect these areas consistent with the purpose of the FP Zone, I find the plain language of
the FP Zone does not allow such development."
Calfa Holding s:... nowhere in the Code does it state that PUD or cluster developments are
allowed. A PUD is wholly different from a standard subdivision, which has its own approval
criteria and process. The fact that "subdividing" land is permitted in the flood plain zone does
not mean PUDs are permitted.
Applying general principles of legal interpretation, one must necessarily conclude that the
Code's omission of "PUD" or "cluster" subdivision from the conditionally permitted use table
is illustrative and dispositive as to whether flood plain areas within PUDs can be used as
open space. Similarly, the Code's express inclusion of the separately and clearly defined
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 3 of 20
"subdividing" of land, which is wholly distinct from PUDs, is illustrative and dispositive as to
whether flood plain areas within PUDs can be used as open space.
2019 Hearings Officer: "The Hearings Officer disagrees with the 2015 Land Use Decision
comment that "I find the plain language of the FP Zone does not allow such a development"
referring to a "cluster" and/or a "planned" development. The Hearings Officer, in this case,
believes the language used in DCC 18.96.040 is clear, plain and unambiguous. The 2015 Land
Use Decision findings for DCC 18.96.040 characterizes "cluster developments" and "planned
developments "as something separate and distinct from the act of subdividing. This Hearings
Officer, in this case, finds that "cluster developments" and "planned developments" are
subdivisions.
Applicant Final Argument: Staff notes that the Applicant agrees with the 2019 Hearings
Officer decision and has included the following additional argument.
The record shows the Flood Plain zone was adopted based on the Flood Insurance Study
maps for Deschutes County prepared by FEMA and the subject property is located within
Zone A on the Flood Insurance Rate Map ("FIRM") map. The record further shows a cluster
subdivision like the one proposed in the present case is consistent with the FEMA Guidelines
for development within a Zone A area.
2. Is open space associated for a planned development permitted outright in the FP
zone?
Issue Summary: Planned Developments are required to have sixty-five percent open space.
The Applicant has proposed to use FP zoned lands as part of the open space acreage. "Open
space" is an outright use in the FP zone. Generally, proponents and the 2019 Hearings Officer
argue that PUDs are allowed conditionally in the FP zone and that the outright use of "open
space" is further evidence of the code's allowance for the PUDs with open space in the flood
plain. Generally, opponents and the 2015 Hearings Officer argue that the proposed use is
PUD and that the outright use "open space" is irrelevant.
2015 Hearings Officer: The Hearings Officer finds that although "open space" is listed as an
outright permitted use in the FP Zone, and the proposed CC&Rs provide protection for such
areas consistent with the purpose of the FP Zone, the applicant's proposed open space is not
a stand-alone use. Rather, it consists of open space lots and uses within a PUD which is not
a use permitted outright in the FP Zone. In other words, the open space use is dependent
upon the rest of the PUD use.
Calfa Holdings: Although "open space" is an outright permitted use in the flood plain zone,
"open space" within a PUD is not. A PUD or cluster subdivision is not an outright permitted
or conditionally permitted use in the flood plain zone, and thus, by the Code's plain language,
using flood plain zoned land within a PUD or cluster subdivision as open space is not
permitted.
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 4 of 20
...this Board is now in the position to set the policy for the County going forward. The Board
should be analyzing this issue not just in the context of this present case, but all future
decisions going forward.
Deschutes County Code § 18.96.040 provides that "open space" is an outright permitted use
in the flood plain zone. But neither PUD nor cluster subdivisions are outright permitted or
conditionally permitted uses in the flood plain zone. See DCC 18.96.030-.040. The 'open
space" being applied in this context is within a PUD, and if a PUD cannot be permitted in the
flood plain zone, then the open space within that PUD cannot be permitted either.
Friends of Lower Bridger ("FOLB") Rebuttal: Section 18.96.030 defines "open space." It states
clearly that it must be "preserved and continued in its present use." Applicant claims that by
using Flood Plain land as "open space" this standard is not violated. Yet Open Space in a
Cluster Development is intended to be communal land, used in replacement for what would
otherwise be individualized large tracts compatible with surrounding uses.
This land is heavily used already, just not by humans. Flood Plain land is very rare in our
climate and elevation. It is properly preserved, not "double counted" so the application for
more homes can be approved.
2019 Hearings Officer: DCC 18.96.030 lists the uses permitted outright in the Flood Plain
zone. One of those uses is "Open Space". The Hearings Officer in this case finds that Tracts
C and E would meet the definition of Open Space because the Tracts would be "preserved
and continuord in itc rthoirl nrGCPnt 1ICP�� anri U/nl dri rnnCPr\/P anti enhance natural resources,
would protect streams, promote conservation of wetlands and enhance recreation
opportunities.
Applicant Final Argument (Hearings Officer): Staff notes that the Applicant agrees with the
2019 Hearings Officer decision and has included the following additional argument.
The Flood Plain Zone is the only zone in the County where "open space" is a listed use.
Because property owners typically do not seek or need a permit to leave or conserve land in
its present use, the drafters must have intended to allow "open space" associated with some
other use when they included this as a specifically listed use in the Flood Plain Zone.
3. Does the FP zoned land count towards PUD housing density and density bonuses?
Issue Summary: Planned Developments use an "equivalent overall density factor" rather
than a minimum lot size. This affords a housing density bonus from one unit per 10 acres
to one unit per 7.5 acres in the Rural Residential 10 ("RR10") zone, increasing the number of
allowed units in the development. Unlike the RR10 zone, no density bonus is included in the
FP lot size standards. The PUD proposal relies on RR10 and FP zoned land together for the
density calculation to allow for 19 residential lots.
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 5 of 20
2015 Hearings Officer: 'The Hearings Officer has found the proposed PUD is not a use
permitted outright or conditionally in that zone. Therefore, I find the approximately 30 acres
of FP -zoned land included in the subject property cannot be included in the density
calculation."
2019 Hearings Officer: The Hearings Officer, in this case ... determined that the area
designated Open Space including area with the Flood Plan Zone, should be included in the
computation of the PUD acreage.
Staff understands the Hearings Officer to reason that, since open space is allowed in the FP
zone and since open space is a required component of a PUD, that the density calculation
should be performed against the whole PUD, including the FP zoned lands proposed for
open space use, and the RR10 zoned lands proposed for lot development and open space
use.
Calfa Holdings: ... the Hearings Officer's purported reliance on the definition of "open space,"
which is land "that would, if preserved and continued in its present use enhance natural or
scenic resources," is misguided. By definition, the flood plain zoned lands being used as
"open space" within the PUD are not being "continued in its present use'; there is now
increased density directly adjacent to those lands. The definition of "open space" does not
provide any express authority for flood plain zoned lands to be used as open space in a PUD,
nor does actual, practical impacts of that interpretation comport with the Code's limited
definition of "open space."
Applicant Final Argument: Staff notes that the Applicant agrees with the 2019 Hearings
Officer decision and has included the following additional arguments.
Open space is a listed use in the Flood Plan Zone and the listing of open space as a use
allowed in that zone means open space associated with a planned development in an
adjacent zone. The County has historically allowed Flood Plain zoned acreage to be included
as open space in cluster and planned developments.
The County Code expressly allows for gross area calculations to determine density and lot
sizes. The idea that the Applicant is supposed to subtract the Flood Plain zoned land from
the project area calculations for purposes of determining density or lot sizes is not supported
by the County Code or historical practice.
4. Does sufficient financing exist to assure the proposed development will be
substantially completed within four years of approval?
Issue summary: The Planned Development code requires a demonstration of existing
financing to complete the project, as proposed. The applicant had not provided detailed cost
or financial information until the current hearing before the Board.
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 6 of 20
2015 Hearings Officer: "The applicant did not submit any evidence supporting this statement.
The Hearings Officer finds a simple conclusory statement does not constitute sufficient
evidence to demonstrate compliance with this conditional use approval criterion."
2019 Hearings Officer: "The Hearings Officer finds this criterion is not satisfied by the simple
statement that "the applicant has the financial resources and demonstrated capacity to
complete the development." The Hearings Officer finds Applicant must provide something
more that such a conclusionary statement."
FOLB Rebuttal: FOLB makes extensive arguments in their rebuttal submittal dated
November 13, 2019 that the sufficient financing issue has not been sufficiently resolved. Staff
summarizes these as follows:
• Applicant's cost estimates do not address additional environmental concerns
raised by FOLB.
• How Applicant can be flush with cash in a money market account, but require
approval of the east side development to fund the west side? Both cannot be
true.
"Applicant" is Lower Bridge Road, LLC. However, "Applicant" is not the signer
of the application or holder of the money market account offered as assurance
of financial stability to complete the proposed project in 4 years. It is critical to
determine who owns the property, who controls the property, and what
financial means are available to the Applicant itself.
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team. [A] suit, if successful, will wipe out the money market fund offered for
financial security of the project. Thus, with one event, the feasibility of this
project is destroyed.
Applicant Final Argument: The Applicant submitted a cost estimate prepared by a registered
civil engineer to complete the subdivision, including both soft and hard costs and a 10%
contingency. The Applicant also submitted a letter from the CFO of Realvest as the entity
responsible for financing the project together with a money market statement,
demonstrating funds sufficient to and committed to building the project. Finally, in response
to opponents evidence of past bankruptcy filings, the Applicant submitted evidence
demonstrating the Realvest Chapter 11 Plan for reorganization was accepted and was fully
completed in 2010.
5. Has the Flood Plain zoned land received an exception to the resource use acreage
standards? (Goal 3)
Issue summary: Minimum lot sizes in resourced zoned lands are 80 acres, with certain
exceptions, as part of the State Goal 3 program to preserve and protect farm uses. The Flood
Plain zone, accordingly, has a minimum lot size of 80 acres, where land has not "received an
exception to the Statewide Planning Goals for resource uses". Flood Plain zoned lands that
have received an exception have a minimum lot size of 10 acres.
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 7 of 20
On the subject property, the Flood Plain zone holds a "Surface Mining" comprehensive plan
designation. Does that designation count as an exception?
2015 Hearings Officer:'The Board's 2008 plan amendment and zone change decision did not
include any FP -zoned land. Because the FP Zone was not modified and it is not considered a
"resource" zone, the Hearings Officer finds no goal exception was or is required, and
therefore the creation of new lots in the FP -zoned portions of property is subject to a 10-acre
minimum lot size."
2019 Hearings Officer: "The Hearings Officer finds that no Goal 5 exception is required in this
case and therefore the minimum lot size is ten (10) acres."
Staff Comment: It appears that the 2019 Hearings Officer did not directly address "resource
use" and Goal 3.
Calfa Holdings: The Hearings Officer erred in finding that the minimum lot size for flood plain
zone has been met in this case. DCC 18.96.110(C) requires a minimum lot size of 80 acres for
"areas which have not received an exception to the Statewide Planning Goals" for resource
uses. Specifically, the flood plain zoned portion of this property has not received an
exception to resource goals (Goals 3 and 4).
LandWatch: The Hearing Officer misinterpreted and misapplied the code by not applying the
80-acre minimum lot size where no exception has been taken to the statewide planning
glc nrr 1 S2 ati 11wrl Tho nrnvicinn imnlamPntr, the Coiintv's Program to Achieve Goal 5
vu� �.
for riparian areas and wetlands in Ordinance No. 94-007, which requires a minimum lot size
of 80 acres for Flood Plain -zoned properties in order to prevent an "increase in density of
residential lots in or adjacent to riparian areas" that "could result in a decrease of habitat
effectiveness because of disturbance to wildlife."
Applicant Final Argument: Opponents argue the minimum lot size for parcels on the Flood
Plain zone is 80 acres, not 10 acres, because the subject property did not receive an
exception to the Statewide Planning Goals for resource uses. The record shows the subject
property was rezoned from Surface Mining to RR-10 in 2008 through the non -resource
designation process, which is an alternative method to the goal exception process. That 2008
Zone Change Decision concluded there are no Goal 3, 4 or 5 resources on the subject
property and is the equivalent of a goal exception.
The County Flood Plain zone was drafted and historically applied as if it were an overlay or
combining zone. This minimum lot size provision was adopted to allow 10 acre minimum lot
sizes in FP zoned areas combined with, or in this case split -zoned with, County exception
lands (RR-10, SR 2 1/2, MUA-10) and 80 acre minimum lot sizes in FP zoned areas combined
with County resource lands (EFU, Forest). Because the subject property received a
nonresource zone change in 2008 and that decision specifically found there to be no Goal 3,
4 or 5 resources on the subject property, the 10 acre minimum lot size applies to the Flood
Plain zoned portions of the property.
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 8 of 20
6. Has the environmental history at the mine been adequately addressed and resolved?
Issue Summary: The subject property consists primarily of that portion of the former
Oremite mine site east of Lower Bridge Road. This 113-acre area was previously used
primarily for aggregate mining and hot -mix asphalt plant operations. Diatomite mining and
processing was conducted primarily on an adjacent larger property on the west side of Lower
Bridge Road.
2019 Hearings Officer: The Hearings Officer finds the DEQ and OHA are State agencies that
possess technical and scientific expertise in matters relating to the environment including,
but not limited to ground, water and air pollution/contamination. The Hearings Officer finds
Applicant participated in the DEQ's VCP and the OHA review processes.
The Hearings Officer finds the DEQ process is a public process and that opponents of this
application had the right to participate. The Hearings Officer that the DEQ and OHA
determinations should be considered "expert" evidence in this case.
The Hearings Officer finds, based upon the evidence in the record of this case (which
supplements evidence that was in the record of the 2015 Land Use Decision) that the
Applicant has demonstrated that the Subject Property is suitable for the proposed
residential PUD considering man-made and natural hazards. Specifically, the Hearings
Officer finds that Applicant, through [DEQ and OHA determinations,
Geotechnical/groundwater reports, and 2015 DEQ reports] have demonstrated that
environmental clean-up activities at the Subject Property have been completed and the
Ci ihiart Prnnarty "PnvirnnmPntal conditions are currently protective of public health".
J J___ • • -I- -J -.._..-.....----- -- - - - - - - - -J
FOLB Open Record: The Department of Environmental Quality No Further Action ("NFA")
letter before the Board excludes the west 30 acres. Applicant requires the west 30 acres be
included in this tentative plan to meet required open space. Since not all the land being
"used" is released pursuant to the NFA, this condition is not met. The OHA letter is based on
the NFA letter. Since the No Further Action Letter from DEQ doesn't release the 30 acres
from environmental contamination concerns, the OHA letter cannot make findings of "No
Apparent Health Hazard" either.
FOLB Rebuttal: FOLB makes extensive arguments in their rebuttal submittal dated
November 13, 2019 that the environmental contamination issues have not been sufficiently
resolved. Staff summarizes these as follows:
• No evidence and Applicant has offered no proof of supervised disposal of the
hazardous and radioactive materials knows to have been stored on the site
and poured into the fractures reaching groundwater levels.
• Liquids such as the Boeing solvents were reportedly poured directly into the
lagoons, where they were free to sink through the vertical fissures into the
groundwater table and the sources of the Deschutes River itself.
• The NFA letter issued by DEQ is not based on DEQ's testing, or even
independent scientific study. It is based on incomplete information from the
current owners, omitting the timeline information and decades of knowledge
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 9 of 20
about what happened on the site. Because the NFA letter is based on
incomplete information, the NFA letter issued is not reliable.
• The NFA Letter does not cover the entire subject property.
• The DEQ internal memo for the NFA submitted by FOLB on 11.6.19 notes that
the east side uses being evaluated are aggregate mining and hot mix asphalt
plant only. We now knowthat the site also served as a Deschutes County dump
site 1966-1972, with no record of its removal. Because of the Owner's failure
to disclose the dump's existence, the DEQ NFA, and consequently the OHA
Letter relying on the DEQ NFA, are properly deemed unreliable. Because these
"assurances" are no longer reliable, the 2008 Conditions are not met.
• FOLB argues that significant discrepancies in well sampling information cast
those results into doubt.
• The NFA letter foundation is erroneous so subject to withdrawal.
• Processed DE, because of the length of time it was made on site ... is a particular
concern. The October 30 hearing testimony indicated there was dispute about
the nature and potential harm of this material. [Submitted]... reports describe
the health -threatening nature of the material cooked for over 20 years on the
subject property, including dumping of waste on the site.
Applicant Final Argument: The environmental clean-up for East Area is complete and both
DEQ and OHA have issued letters verifying it is safe for residential use. The Applicant and
DEQ have submitted additional evidence demonstrating those environmental certifications
apply to the entire area which is the subject of this application, including the 29 acres west
of I n,or PriArTo Rnari nnrl inch Aina an analvcic of tha WPCt area siiffirient to Pstabllsh it
poses no environmental hazard to residential use on the East area.
The testimony of the opponents on the historical uses of the property for solid and
hazardous waste disposal have been addressed through the DEQ and OHA certification
process in which the opponents participated. DEQ and OHA are the agencies with the
expertise to certify the environmental condition of the property and ... the evidence from
DEQ and OHA that the property is safe for residential use [is] both credible and persuasive.
7. Will scenic resources be adequately protected?
Issue Summary: The Planned Development code requires that, "Adequate provision is made
for the preservation of natural resources such as bodies of water, natural vegetation and
special terrain features." Parties disagree whether the proposed plan adequately protects
the scenic resources of the Deschutes River canyon.
2015 Hearings Officer:
Deschutes River and Canyon. "...if the proposed PUD is approved on appeal, it should be
subject to a condition of approval prohibiting the construction of any structure, whether or
not it requires a building permit, closer than 50 feet from any rimrock on each PUD
residential lot."
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 10 of 20
Deschutes River Scenic Waterway. "...As discussed in the findings above, the Hearings Officer
has found that if the proposed PUD is approved on appeal, it should be subject to conditions
of approval requiring that all dwellings within the PUD be set back a minimum of 100 feet
from the OHWM of the Deschutes River and at least 50 feet from any rimrock, and that all
structures be prohibited within the Deschutes River canyon."
Scenic Views. "The Hearings Officer finds that dwellings in the proposed PUD will not block
or interfere with views of the river or the Cascade Mountains from adjacent or nearby
properties to the east and north. Opponents who live across the Deschutes River east of the
proposed PUD object to having to look at dwellings on the subject property. However, I find
that with the 2008 rezoning of the subject property to RR-10, opponents no longer had
reasonable expectations that the subject property would remain undeveloped."
2019 Hearings Officer:
Deschutes River and Canyon. The Hearings Officer found that under the Riparian Area
Management Plan and associated conditions of approval, this resource would be adequately
protected.
Deschutes River Scenic Waterway. The Hearings Officer found that, with per -structure review
of homes by Oregon Parks and Recreation ("OPRD"), this resource would be adequately
protected.
Scenic Views. The Hearings Officer finds that with conditions requiring setbacks from the
Deschutes River and rimrock, a prohibition upon Applicant seeking exceptions to the County
rimrock standards or LM review standards, and a prohibition upon Applicant seeking Scenic
Waterway exceptions this issue has been adequately addressed.
Oregon Parks and Recreation Department: The proposed development at Lower Bridge Road
is incompatible with Middle Deschutes Scenic Waterway "Scenic River Area" category, and as
such a 19-lot riverfront housing development might not be granted approval by the Oregon
State Parks and Recreation Commission. Such development is not in line with the existing
agricultural and low -density development, and would require significant vegetation
screening and rim rock setbacks to ensure that the structures do not intrude on the view
from the river.
The proposed subdivision lies within an area categorized as "Scenic River Area," defined in
the Middle Deschutes Management Plan as: "Areas [that] may be accessible by roads, but
are largely undeveloped and primitive except for agriculture and grazing. River segments
considered 'Scenic' are managed to maintain or enhance their high scenic quality, recreation
value, fishery and wildlife habitat. The intent is to preserve their largely undeveloped
character while allowing continued agricultural land use".
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 11 of 20
The Lower Bridge Road, LLC development plan lots are designed to maximize the housing
density on the upper plateau overlooking the river; from the river's edge, this would be visible
as a high -density housing development. The proposed density and clustering along the river
would deplete the river corridor's "relatively pristine condition", and our preliminary
assessment is this would undermine the values the Scenic Waterway designation was
established to protect. An actual, detailed review would be conducted after receiving the
required notification from the property owner prior to development, but it seems wise to
raise this concern as early as possible to provide the property owner a chance to adjust their
plans now in a way that makes eventual compliance with scenic waterway rules easier.
Applicant Final Argument: Oregon State Parks has raised issues regarding the State Scenic
Waterway designation and compliance with the State Scenic Waterway rules. The County
implements scenic protections through the Landscape Management Combining Zone, which
applies to the subject property and which requires individualized review of each proposed
dwelling through a land use process prior to building permit approval. LM review is required
for each lot in this case and is a condition of tentative plan approval. The Applicant has
demonstrated, through the submission of Exhibits and testimony, it can meet the setbacks
for the LM zone. Scenic Waterway review, through Oregon State Parks, is also required for
each proposed dwelling prior to the issuance of a building permit and is also a condition of
land use approval. These review processes are in place to protect scenic resources and
adequately protect the scenic area of the river. The issues State Parks raises with regard to
the Scenic Waterway designation are not related to review criteria for this subdivision
request.
8. Will riparian habitats associated with the Deschutes River and nearby rimrock be
adequately protected?
Issue Summary: The Planned Development code requires that, "Adequate provision is made
for the preservation of natural resources such as bodies of water, natural vegetation and
special terrain features." Parties disagree whether the proposed plan adequately protects
the riparian habitats of the Deschutes River and associated rimrock habitats.
2015 Hearings Officer:
Fish and Wildlife. The Hearings Officer found that, with conditions of approval, this resource
would be adequately protected.
Borden Beck Wildlife Preserve. "The applicant proposes to protect all flood plain areas,
wetlands, riparian habitat and canyon associated with the Deschutes River by including such
areas within open space Tracts C and E, both of which are located across the river from the
Borden Beck Wildlife Preserve.
I find the design of the proposed PUD, and implementation of these setbacks and LM review,
will minimize impacts on the wildlife habitat."
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 12 of 20
2019 Hearings Officer:
Fish and Wildlife. The Hearings Officer found that, with conditions of approval, this resource
would be adequately protected. (See Borden Beck discussion, below).
Borden Beck Wildlife Preserve. The Hearings Officer finds that with conditions requiring
setbacks from the Deschutes River and rimrock, a prohibition upon Applicant seeking
exceptions to the County rimrock standards or LM review standards, a prohibition upon
Applicant seeking Scenic Waterway exceptions, and modification of the CC&R's to reflect
ODFW's request to "ban the feeding of wildlife and require "wildlife friendly fencing" (DCC
18.88.070), the Applicant has adequately addressed this issue.
Gould: The proposed drilling exempt domestic wells for the 19 new lots should not adversely
impact the federally listed Threatened Bull Trout or the Steelhead Trout now 10j
reintroduced species above Pelton Round Butte Dam. Since exempt wells are exempt from
the Deschutes Basin Mitigation Program obligation, this does not mean the water withdrawal
from those wells does not have an adverse impact on the natural resources of the abutting
Deschutes River, it's fish habitat and/or on the rejuvenating spring recharges that bring life
at cold water refugia along and in the Federally designated Wild and Scenic Middle Deschutes
River.
Beard: Along with the following organizations, we believe the Goal 5 wildlife objectives and
riparian area protections are not being properly met or addressed for this PUD.
• Oregon Department of Fish and Wildlife (ODFW)
nraann Park-, and Recreation Department (OPRD)
• Redmond Area Park and Recreation District (RAPRD)
• Central Oregon Land Watch (COLW)
• Oregon Land and Water Alliance (OLAWA)
The intent of PUD's is to enhance wildlife protection by "clustering" development, and
therefore, allowing larger open spaces. However, this intent is circumvented whenever
development abuts a riparian area --as the most desirable home sites are always nearest the
waterway. In these instances a PUD places houses and human activity as close as possible
to wildlife habitat and maximizes all of the negative impacts.
Oregon Parks and Recreation Department: because the "Riparian Area Management Plan"
(RAMP) was completed during the winter season (December 14, 2018), the natural resource
values identified are unlikely to accurately represent the abundance of wildlife and flora
present along the riparian area. Because of the riparian area was surveyed during dormancy,
it is not an adequate baseline to measure the existing condition or set standards to preserve
the integrity and biodiversity of the riparian ecosystem at this stretch of the Middle
Deschutes Scenic Waterway.
Oregon Department of Fish and Wildlife: (Staff summary of Heath/Walsh hearing testimony)
Elements of the RAMP are good, but the development will impact the riparian habitats. It is
difficult to mitigate habitat impacts. Trails are proposed and will bring people, dogs, and
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 13 of 20
associated habitat impacts into the riparian habitats. Any increased use of this area will
compound effects.
ODFW has the following concerns:
• The project as proposed will negatively affect mule deer winter range and does not
meet mitigation criteria.
• The project as proposed will negatively affect habitat in the narrow riparian corridor
despite the Riparian Area Management Plan.
• The project as proposed will negatively affect potential nesting habitat for Golden
Eagles and other sensitive species.
ODFW recommends that the County ensure there is a sufficient compensatory mitigation
plan to address all three of the Category 2 habitats outlined above prior to approving the
application. ODFW urges the county to implement stringent setback standards for any future
development of the property.
If this development is approved, ODFW recommends CC&R's that ban the feeding of wildlife,
and require wildlife friendly fencing in accordance with DCC 18.88.070 throughout the
development. Due to the change in land use, ODFW will not respond to any wildlife damage
complaints within this development.
Applicant Final Argument: The comprehensive Riparian Area Management Plan was
prepared by a professional biologist and contains prohibitions on any development in the
Flood Plain and riparian areas, with stringent and cohesive management strategies designed
to n,-. f -+ nnrl mnnitnr thaw araac Tha nrnnncari C�C-RR-, rnntain funding. enforcement and
w NI vLc� L ul - I I — 11-1 ..... r. -r--- ----' -- -- -- - v
review provisions to ensure the plans are carried out and progress is monitored by biologist
review. This proposed development plan, even with the additional density allowed by the
planned/cluster form of development, provides more protection for the scenic and riparian
resources than a standard subdivision. This area is a former abandoned mine with little
native vegetation, not a pristine forested or protected area. The Applicant's efforts to
remediate and reuse the former mine site and the proposal to develop the 19 lot subdivision
with 94.1 acres of protected, cohesively managed open space will be a significant
improvement to the scenic and riparian areas on the subject property.
9. Has the Applicant adequately addressed Surface Mining Impact Area ("SMIA") zone
criteria?
2019 Hearings Officer: The Hearings Officer finds SMIA review, in this case, is required to be
conducted as part of the PUD subdivision process. The Hearings Officer finds the Applicant
deferred the SMIA review until the building permit process for dwellings on each proposed
lot. The Hearings Officer finds that Applicant's failure to seek SMIA Site Plan approval at this
stage (PUD/tentative plan approval stage) results in this criterion not being met.
Applicant Final Argument: The Applicant clarified and the record shows the Applicant did
apply for SMIA review, paid the requisite fee, submitted the subdivision and builder's
envelope plans for site plan review, and the application was properly noticed. The Applicant
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 14 of 20
submitted further evidence on Appeal establishing that all proposed buildable areas were
over 250' from the two nearby Surface Mine zones. The Applicant also agreed to record, as
a condition of final plat approval, the requisite Waiver of Remonstrance against all lots in the
proposed subdivision.
10. Is demonstration of compliance with rimrock standards required in this decision?
2019 Hearings Officer: The Hearings Officer, in this case, finds that the rimrock setback
standards are part of the Design review process of DCC 18.84.080 which itself is part of the
LM Site Plan review process. The Hearings Officer has previously found that LM Site Plan
review is required for new structures and certain alterations to structures. The Hearings
Officer found the LM Site Plan review is required at the building permit stage for the
new/altered structures and not at the PUD review stage. The Hearings Officer finds the most
appropriate time to consider the rimrock setback standards will be upon the LM Site Plan
review for new structures/altered structures.
While the Hearings Officer may concur with Staff and many opponents of this proposal that
in the past "rimrock may have been buried" the Hearings Officer also believes that Applicant's
proposed PUD subdivision application in this case is to be judged on the current condition
of the Subject Property and under the current laws/codes.
FOLB Rebuttal: Determination of the location of the true rim is critical to protection of the
habitat, the river, and the soil stability. That's why rimrock is protected. FOLB asks this Board
to rorii Jiro m rimrnrle r-i inrov hofnro a cite nlan is annrnyeri SQ th;;t trl IP tltP dimpnilonS may
be determined for feasibility analysis.
Without County determination of where the rimrock is located, the setback dependent upon
it cannot be fixed, and building envelopes cannot be determined. And without building
envelopes, feasibility of development on each site cannot be assured.
LandWatch: The Hearing Officer further erred in finding that the applicant can defer until the
building permit stage a showing that the Landscape Management Zone rimrock set backs of
50 feet, DCC 18.84.090(D), will be met. When a development proposal omits or otherwise
defers until a future determination whether an approval standard will be met, the application
must be denied, made more certain, or postponed.
Applicant Final Argument: Staff understands the Applicant to concur with the 2019 Hearings
Officer.
11. Are the proposed lots developable, given applicable constraints on the building lots?
Issue Summary: DCC 17.36.170 requires: "The size, width and orientation of lots or parcels
shall be appropriate for the location of the land division and for the type of development
and use contemplated..." This provision is intended to prevent the creation of new lots that
would not be ultimately developable. The decision maker must find that the lot layout would
allow each lot to be developed with a house, well, and septic system, considering all
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 15 of 20
applicable constraints. Opponents have argued that the small lots, often with significant
acreage down the canyon slope, are not feasible to develop, given constraints such as
rimrock setbacks and well -to -septic separation requirements.
2015 Hearings Officer: "...the applicant has failed to demonstrate the size and configuration
of each proposed PUD lot will allow the siting of dwellings, on -site septic systems and
individual wells consistent with the 50-foot setback from any rimrock and all other applicable
yard and setback requirements."
2019 Hearings Officer: The Hearings Officer finds that with conditions set forth in the findings
for DCC 18.96.110(C), DCC 18.128.015(A), DCC 18.128.210(A) this approval criterion can be
met.
FLOB Open Record: The required setbacks and dimensional standards applicable to the site
are quite restrictive, as is appropriate in such a complex location. Rimrock determination will
be particularly complex. Determination of the location of the true rim is critical to protection
of the habitat, the river, and the soil stability. FOLB asks this Board to require a rimrock
survey before a site plan is approved, so that true site dimensions may be determined for
feasibility analysis.
Applicant Final Argument: The record includes the Applicant's conceptual building envelopes
and a typical residential building plan for a 4,000 square foot home, well, septic and reserve
to demonstrate there is ample area on each lot to site a dwelling and all necessary residential
rmmnnnantc anri mPPt the rPni,ired sethacks. This evidence is suboorted by the testimony,
both oral and written, of a local builder who reviewed the evidence and attested to the fact
that all lots contain ample area to site a residence and all necessary infrastructure.
12. Do old roads undermine acreage calculations?
Issue Summary: The subject property has several public rights of way in proposed open
space that have not been shown on development figures to date. Do these right of ways
count toward the sixty-five percent open space acreage requirements? If not, the application
falls below required acreage standards.
Gould: Applicant does not show 3 public ROW's that traverse taxlot 502 where the project
proposes Open Space in Tract E and Tract F of the Cluster Development. Applicant has
appropriately removed the ROW acreage for Lower Bridge Way 2.8 acres per their 5-14- 2019
tentative subdivision plan' but has not removed the ROW acreages for the Roy L Kidder Road'
which has a 60' wide ROW, the Willamette and Cascade Mountain Military Wagon Road and
the Lambert Road; the latter being also known as the 1909 Lower Bridge Road.
Road Department: Ms. Gould is correct that right of ways for Kidder Rd, Willamette Valley
Wagon Rd, and Lower Bridge (Lambert) Rd exist over the subject property and that the
applicant's current tentative plan does not appear to show these right of ways. Road
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 16 of 20
Department will defer to Community Development Department as to whether or not the
applicant has deducted or should deduct these areas from their proposed open space area.
Staff: These road areas are allowed to be counted as part of the area of the property, per the
DCC 18.04,030 definition of lot area, in relevant part, "...the Planning Director or Hearings
Body shall include in gross lot areas all streets, roads, and easement of access to other
property that would accrue to that lot if the road, street or easement were vacated..."
13. Is the Applicant authorized to make this application?
Issue Summary: Paul Christensen, as the President of Realvest LLC, signed the application.
Realvest Corporation Is the sole member of LBR Manager, LLC, which is the manager for
Lower Bridge Road, LLC, which is the property owner. Under DCC 22.08.010, applications
must "be submitted by the property owner or a person who has written authorization from
the property owner".
FOLB Rebuttal: The actual ownership of the subject property is split, and that the application
made to the County lacks full authority of the land's ownership to be processed and
approved. All mineral rights were split off the ownership of the subject property, and are
presently held by an Oregon Corporation that has been dissolved, Central Oregon
Diatamaceous [sic] Earth, Inc.
Staff: The context of the word "the" as used in Section 22.08.010 is within a definition of
property ownership for ni irncnc of ci ihmittina n Innrl i min nnnliratinn in an arniirnnmant
NuNva - Iu.« ,.. ...... ...... _..-
where it is not unusual for there to be multiple property owners - e.g., fee owners, contract
purchasers, and easement holders. In this context, staff believes it is not reasonable to read
the word "the" as meaning a particular owner. Rather, staff believes the most reasonable
interpretation is that the word "the" is a synonym for "a" or "an." In other words, as used in
Section 22.08.010, the term "the property owner" means "a property owner"- i.e., at least
one property owner if there are more than one.
14. Does "transferring' density from FP zoned land to residential zone lands act as a plan
amendment with widespread impacts on infrastructure, housing, and Goal 5
inventoried resources?
Issue Summary: Opponents argue that the 2019 Hearing Officer's decision allows
undevelopable land in the Flood Plain to be credited towards new additional residential
density in upland areas. Since these additional residential units were not accounted for when
analyses of housing demand, infrastructure requirements, and protection of Goal 5
resources were conducted, this change in code interpretation undermines the assumptions
and conclusions of those analyses. Specifically, opponents argue that approval of this
proposal would act in many ways like a post -acknowledgment plan amendment ("PAPA"),
and an economic, social, energy and environmental ("ESEE") analysis should be required.
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 17 of 20
Hearings Officers: This issue was not argued in 2015 and staff believes that the 2019
Hearings Officer's decision does not directly address this issue.
Calfa Holdings: The Hearings Officer's interpretation allows for increased density near and
adjacent to flood plain lands and inventoried resources, and thus, requires an ESEE analysis.
Effectively, the Hearings Officer has authorized a density transfer of the upland portions of
any PUD or cluster development using flood plain zoned land, since the flood plain zoned
areas within that development can now be used toward open space and still count toward
the total acreage under which the development's density is calculated. This interpretation
allows for the upzoning of developable property adjacent to flood plain zoned lands by
shifting density from the "undevelopable" portion (flood plain) to the "developable" portion.
Consequently, this interpretation is a wholesale shift in policy that implicates the
comprehensive plan provisions with respect to development in or near inventoried
resources, like flood plain areas, infrastructure to support development, and compatibility
of new uses with surrounding existing land uses and resources. Because this shift in policy
acts in many ways like a post -acknowledgment plan amendment ("PAPA"), an economic,
social, energy and environmental ("ESEE") analysis is required pursuant to state law to
evaluate and ascertain the conflicting uses with inventoried resource lands.
This Board's review of the Hearings Officer's decision goes beyond the present development
application under appeal; the Board's decision will set in place a policy for the County
regarding Goal 5 inventoried resources. Upholding the Hearings Officer's interpretation on
the use of flood plains -1 o-Plen spat-e in PI r)C Withniit nn ittPn&int FCFF AnAwzic nraSPntC
uic u�c vi iivvu plains u� �,L... �p...� _ .,- r• ___ --
several errors under the state's Goal 5 procedure and process.
Applicant Final Argument: Open space is a listed use in the Flood Plan Zone and the listing
of open space as a use allowed in that zone means open space associated with a planned
development in an adjacent zone. Such code language was in place at the time of adoption
and acknowledgment of the Goal 5 program and remains in place today. The County has
historically allowed Flood Plain zoned acreage to be included as open space in cluster and
planned subdivisions and the 2015 Hearings Officer decision ruling otherwise is not binding
and is, in fact, the only County decision ever making such interpretation. The record shows
the Flood Plain zone was adopted based on the Flood Insurance Study maps for Deschutes
County prepared by FEMA and the subject property is located within Zone A on the FIRM
map. The record further shows a cluster subdivision like the one proposed in the present
case is consistent with the FEMA Guidelines for development within a Zone A area. The use
of Flood Plain zoned acreage as open space in the present request, with a cohesive
stewardship plan prohibiting any development in the Flood Plain, is consistent with the Goal
5 program and does not authorize a new conflicting use.
111. NEXT STEPS
Deliberations are scheduled for December 18, 2019.
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 18 of 20
DESCHUTES COUNTY PLANNING DIVISION
f Z4
Will Groves, Senior Planner
Attachments:
Binder 4
Item No.
2019-12-04 Staff Memo
142
2019-12-04 Decision Matrix
141
2019-11-20 Lower Bridge Applicants Final Argument
140
2019-11-13 Rebuttal Testimony L Dickson
139
2019-11-13 Rebuttal Testimony T Lewis
138
2019-11-13 Rebuttal Testimony N Gould
137
2019-11-10 Rebuttal Testimony C Smith (Road Dept)
136
2019-11-06 Open Record Period 1 N Gould Testimony with exhibits
135
2019-11-06 Open Record Period 1 L Dickson Testimony with exhibits
134
2019-11-06 Open Record Period 1 J Berreen, E Beard, D Jenkins testimony
133
2019-11-06 Open Record Period 1 D Lozito, James Taylor & Janis Taylor testimony
132
2019-11-06 Open Record Period 1 D Lozito Testimony
131
2019-11-06 Open Record Period 1 Applicant Testimony
130
2019-10-30 Hearing Exhibit Sheet
129
2019-10-30 Hearing Exhibit A - Staff Presentation
128
2019-10-30 Hearing Exhibit B - Calfa Holdings Testimony
127
2019-10-30 Hearing Exhibit Cl - Life of the Mine (D. Jenkins)
126
2019-10-30 Hearing Exhibit C2 - 2016-03-07 US Dept of Interior Itr. to Mr. Jenkins
125
2019-10-30 Hearing Exhibit C3 - 1969 EPA report on Public Dumps (D. Jenkins)
124
2019-10-30 Hearing Exhibit C4 - Closing Open Dumps EPA Report (D. Jenkins)
123
2019-10-30 Hearing Exhibit C5 - 2008-08-14 Bulletin Article (D. Jenkins)
122
2019-10-30 Hearing Exhibit C6 - Oversize posters (Converted for Printing) (D. Jenkins)
121
2019-10-30 Hearing Exhibit D - Various Maps (D. Lozito)
120
2019-10-30 Hearing Exhibit E - Map (E Beard)
119
2019-10-30 Hearing Exhibit F - Oversize USGS map (N Gould)
118
2019-10-30 Hearing Exhibit G - Oversized Maps (Applicant)
117
2019-10-30 Hearing Exhibit H - Applicant Power Point
116
2019-10-30 Hearing Exhibit I - COLW Comments (Carol MacBeth)
115
2019-10-30 Hearing Exhibit J - Request to Speak forms (various)
114
2019-10-29 OPRD Submittal
113
Binder 3
2019-10-29 Calfa Holdings Appeal Memo
112
2019-10-28 T Lewis Supplemental Information
111
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 19 of 20
2019-10-28 T DeBone Photos
110
2019-10-28 Lower Bridge Pre -Hearing BoCC Work Session
109
2019-10-28 Lower Bridge BoCC Work Session Memo
108
2019-10-27 P Lipscomb Testimony (OLAWA)
107
2019-10-27 D Lozito testimony
106
2019-10-24 J Sifuentes testimony
105
2019-10-23 B Schwarz testimony
104
2019-10-23 S Redfield testimony
103
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 20 of 20
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