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2020-132-Minutes for Meeting March 16,2020 Recorded 4/9/2020Recorded in Deschutes County CJ2020-132 Nancy Blankenship, County Clerk Commissioners' .journal 04/09/2020 10:02:12 AM BOARD OF oyG�J��s` IIIIIIIIIIIIIIIIIIIIIIIIIIIIII COMMISSIONERS ,►, ` 2020-132 1300 NW Wall Street, Bend, Oregon (541 ) 388-6570 11" MO DAY, March 16„ 2020 BARNES SAWYER ROOMS Present were Commissioners Patti Adair, Anthony DeBone, and Phil Henderson. Also present were County Administrator Tom Anderson (present at 1:13 p.m.), 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 Adair called the meeting to order at 1:00 p.m. This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website http://deschutescountyor.igm2.com/Citizens/Default.aspx ACTION ITEMS 1. PRESENTATION: Central Oregon Center for the Arts Representatives from the Central Oregon Center for the Arts presented history and economic impact of their organization. They explained they are out of performance space and storage for instruments, costumes, and props. The organization may ask for financing from Deschutes County for new land BOCC MEETING MARCH 16, 2020 PAGE 1 OF 6 and development construction. They are in the process of interviewing a team for a facility study. 2. OTHER ITEM: County Administrator Anderson reported on a meeting with the Veteran's Village group on Thursday. Commissioner Henderson commented on the discussions with the City of Bend relative to the property zoning. 3. Board Check -In Nursery/Day Care Amendments Tanya Saltzman, Community Development Department planner presented the options of text amendments on nursery and day care facilities as a use permitted outright and whether the Board would want to proceed. Community Development Director Nick Lelack explained permitted uses in the rural community. Planning Manager Peter Gutowsky spoke on home occupation i definitions iitioi �s in th^c County Code. The Board requested a map of the properties in Deschutes County. The amendments will be presented for review and consideration at an upcoming Planning Commission meeting. 4. COVID-19 Update: Health Services Dr. George Conway presented an update on the COVID-19 situation. Commissioner Adair reported on the latest call with the Governor to request more nasal swabs and ventilators for Deschutes County. Dr. Conway explained the risks for the vulnerable population and the importance of maintaining social distancing. Dr. Conway reported on testing for the virus and lack of kits and locations for the testing. BOCC MEETING MARCH 16, 2020 PAGE 2 OF 6 5. PRESENTATION: Deschutes River Conservancy - this presentation was postponed for a later date. 6. Deschutes Children's Foundation Discussion: Representatives from the Deschutes Children Foundation: Amy Ward, Tia Lewis, Linda Swearingen presented an update on the Deschutes Children's Foundation and the services they provide. There are 8 non -profits that lease space in the building. The partnership with Deschutes County creates a positive impact for the community. 7. Update on Statewide Transportation Improvement Fund (STIF) Projects Andrea Breault, CET Senior Transit Planner and Communications Director Whltney l-laie provided an update on the state`�v�ide transportat,on improvement fund project. Expanded services include: increased transit services, services from La Pine to Sunriver, transit technology improvements, snow plow vehicle support, Crooked River Ranch transit services, and increased staff. 8. Preparation for Public Hearing: Noise Variance for Night Work on South Century Drive Peter Russell, Senior Transportation Planner presented a request from the Road Department for a noise variance to allow for nighttime work to remove existing pavement and to repave. Notice has been sent to property owners. The project is estimated to last a duration of two weeks. The public hearing on this matter is scheduled for the BOCC meeting of March 18, 2020. BOCC MEETING MARCH 16, 2020 PAGE 3 OF 6 COMMISSIONER UPDATES • Commissioner DeBone participated at the Crab Feed fundraiser in La Pine last weekend where a to -go order program was offered to support social distancing. • Commissioner Adair stated the County Chaplain has raffle tickets for purchase as a result of the Sportsman Show being cancelled. • Commissioner Henderson attended the Fair Board last week and reported on the discussions on the events that were scheduled at the Fair & Expo Center. A budget discussion was held. Commissioner Henderson also attended the Central Oregon Executive Council Board meeting. • Commissioner DeBone reported on discussions with Eastern Oregon Counties Association regarding sage grouse habitat. Planning Manager Peter Gutowsky reported the Department of State Land Conservation and Development is required to review the rules adopted into state law no later than june 30, 2020. Bureau of Lund Management and Oregon Department of Fish and Wildlife are looking at biological impacts pertaining to the sage grouse population. Mr. Gutowsky will contact Baker County for further details. • Commissioner Henderson attended the Deschutes Forest Collaborative Project and this is the last year of the funding. He expressed the importance for the Commissioners to lobby for funding. The Board would like to have a discussion at a future meeting regarding funding and project efforts. • Commissioner Adair attended a Central Oregon Health Council Planning Retreat for the 5 year vision planning. • Commissioner DeBone explained there is a concern from a resident in La Pine that requires a setback for an existing structure. • Commissioner Adair attended the Audit Committee on March 13, 2020 and reported on the discussions. BOCC MEETING MARCH 16, 2020 PAGE 4 OF 6 OTHER ITEMS: • County Administrator Anderson inquired if the Commissioners wanted to continue discussion on Deschutes County departments during the times of the COVID-19. Mr. Anderson explained the Fair and Expo staff have been working on the events that have been postponed and preparing for upcoming events. Goeff Hinds, Fair & Expo Director reported 21 of 23 events scheduled at the Fair & Expo Center from March 12 and April 12 have self postponed or cancelled. • County Administrator Anderson and Human Resources Director Kathleen Hinman presented a draft temporary employee policy to address the leave needs of employees related to the Coronavirus. Mr. Anderson reported there are conversations with each department to assess services provided by the County and work done in both essential and non -essential functions. Commissioner Henderson would like a discussion on department review in t4,v* tniooli to rnncirlor imr»r-tc to corvir-oc 11 a neAL vvcCf\ lV l.V1 1-71.A%-I III ItJU% L\ lV J\ - v • Deputy County Administrator Ed Kropp reported the warming shelter operated by Neighborlmpact has a current license agreeement which runs through March 31. Additional funding has been granted by the State and Neighborlmpact has inquired whether Deschutes County would like to extend the service through April considering the colder temperatures and COVID-19. Commissioner Adair asked for a report on the numbers of homeless using the shelter. This item will be included on the next BOCC meeting agenda. • County Administrator Anderson reported the GFOA award presentation that is usually held at the same time as the comprehensive annual financial report and inquired whether the Board wanted the presentation on the same agenda or on separate agendas. The Board supported separate agendas for the awards. BOCC MEETING MARCH 16, 2020 PAGE 5 OF 6 EXECUTIVE SESSION: Executive Sessions will be deferred to the next meeting. Being no further items to come before the Board, the meeting was adjourned at 2:39 p.m. BOCC MEETING MARCH 16, 2020 PAGE 6 OF 6 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - www.deschutes.org BOCC MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:00 PM, MONDAY, MARCH 16, 2020 Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend This meeting is open to the public, and allows the Board to gather information and give direction to staff. Public comment is not normally accepted. Written minutes are taken for the record Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or discussed. This notice does not limit the Board's ability to address other topics. Meetings are subject to cancellation without notice. Item start times are estimated and subject to change without notice. CALL TO ORDER ACTION ITEMS 1. 1:00 PM COVID-19 Update 2. 1:30 PM PRESENTATION: Central Oregon Center for the Arts 3. 1:50 PM PRESENTATION: Deschutes River Conservancy 4. 2:10 PM Deschutes Children's Foundation Discussion 5. 2:30 PM Update on Statewide Transportation Improvement Fund (STIF) Projects - Whitney Hale, Communications Director 6. 2:50 PM Board Check -In: Nursery/Day Care Amendments - Tanya Saltzman, Associate Planner 7. 3:10 PM Preparation for Public Hearing: Noise Variance for Night Work on South Century Dr - Peter Russell, Senior Planner Board of Commissioners BOCC Meeting Agenda Monday, March 16, 2020 Page 1 of 2 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 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 To watch this meeting on line, go to: www.deschutes.org/meetings Please note that the video will not show up until recording begins. You can also view past meetings on video by selecting the date shown on the website calendar. Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.org/meetingcalendar (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St, Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Board of Commissioners BOCC Meeting Agenda Monday, March 16, 2020 Page 2 of 2 3/16/2020 3/16/2020 3/16/2020 3/16/2020 OREGON FORTI-IE ARTS 3/16/2020 Central Oregon Center for the Arts Deschutes County Commissioners Presentation Speaking Notes 16 March 2020 Slide 1: Introduce board members and self. Each person gives brief bio and reason why they are on the board. Slide 2: Some history... History of efforts to create an arts center or cultural center in Central Oregon. This idea has been floating around for 44 years: 1974 A citizen's advisory committee turned in a report to COCC about the status of the arts in Central Oregon and the feasibility of a cultural arts center, with a proposal to create a fine arts complex on COCC property, to be managed by the college. 1980's Various groups, including Bill Smith and Mike Hollern, looked at different locations, including near Pilot Butte, in the Shevlin Hixon buildings, in the current Old Mill District, and also downtown across from the Deschutes Public Library in the Old Bend High School, which currently houses the Bend -La Pine school district offices, incorporating Troy Field. 1992 A group began working a proposal to put a cultural center where the Pavilion is on Simpson Ave. 2002 Another group raised funds for a feasibility study that was done by AMS Planning and Research, looking at creating a Central Oregon Center for the Arts. Support for this effort ultimately swung over in favor of focusing funds and efforts on the restoration of the Tower Theatre (completed in 2004 and now our little crown jewel, much beloved by our community.) 2019 The most current effort to create an arts center was begun in 2018 and in 2019 COCA became a 501c3 nonprofit Impact: Economic constraints All of the above results in less revenue being produced in the region by artists and less money brought to the region by visitors. Slide 4 Economic Impact of Arts and Culture We live in a region known and beloved for its physical attributes, but according to Regional Solutions and our interviews with Mike Hollern and Annette Liebe, arts and culture is identified as an economic focus for the region. An arts center supports this focus. In 2015, arts and culture nonprofit groups in Central Oregon added more than $34.5 million to the economy A study conducted by Americans for the Arts (Arts and Economic Prosperity 5: The Economic Impact of Nonprofit Arts and Cultural Organizations and their Audiences in the Central Oregon Region) In addition, for -profit promoters and venues add several million dollars more annually. This value will continue to increase as the population grows. Economic benefit to the region is broad and deep Art as small (and large) business A regional cultural and arts center can work to support and develop artists as small businesses and the return can be enormous. This has been done successfully in other cultural centers in the country, most notably by the Torpedo Factory in Alexandria, Virginia, which had a population of 160,000 in 2018. The same study I quoted above reports that arts and culture is a $111.8 million industry in Alexandria, supporting 2,628 full-time equivalent jobs, generating over $56 million in household income to local residents, and providing $7.5 million in local and state government revenue, while offering subsidized rehearsal and studio space to physical and performance artists. Cultural tourism If Central Oregon is known a mecca to experience performance art and purchase physical art, that will affects the number of visitors and the amount of dollars they spend here. Retail Hospitality Accommodations Jobs and job training Tax revenue Slide 7 Where Are We In The Process: Concept Formulation COCA became a formal nonprofit at the end of 2019. In the past two months we have reached out to almost every arts entity in the region to gather data about what the specific needs are for our regional cultural center. So, we are at the concept formulation stage. What we need to do: Establish functional requirements for the Center to meet stakeholder needs Establish COCA financial viability and sustainability Identify and conduct essential cost/capability trade-off studies Establish a business operating concept Prepare a program plan, budget, and schedule for COCA implementation With these requirements, we determine the feasibility and sustainability of an arts center and also figure out the necessary elements of a feasibility study. The board researched a number of vendors to implement a study. One was clearly superior and we are pursuing detailed discussions with them. Slide 8 Why Are We Here? Bring you up to speed on the status of the COCA project Encourage your participation in the definition and creation of COCA Enlist your support and goodwill in building the regional coalitions that are necessary to enable COCA success Enlist your support when it is time to make formal requests for financial resources Slide 9 The Central Oregon Center for the Arts A cultural wellspring. Cultural art centers reflect some of the best of what human beings are. v (ES C0GZ 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 March 16, 2020 DATE: March 11, 2020 FROM: Tanya Saltzman, Community Development, TITLE OF AGENDA ITEM: Board Check -In: Nursery/Day Care Amendments The Board of County Commissioners has expressed interest in initiating legislative amendments to address the need for child care in rural Deschutes County. Staff is providing an overview of potential text amendments and seeks Board direction for next steps. TO: Deschutes County Board of Commissioners FROM: Tanya Saltzman, AICP, Associate Planner DATE: March 11, 2020 SUBJECT: Discussion Item: Nursery/Day Care Text Amendments The Board of County Commissioners (Board) has expressed interest in initiating legislative amendments to address the need for child care in rural Deschutes County. Staff is providing an overview of potential text amendments and seeks Board direction for next steps. 1. PROPOSAL The proposed text amendments would change the Deschutes County Code (DCC) to allow day care, preschool, day nurseries, and child care facilities as a use permitted outright, subject to site plan review, in zoning districts where such uses are currently a conditional use. The amendments would not add child care facilities as a use to zones that do not already allow them in some capacity. 11. BACKGROUND Deschutes County Code (DCC) contains several definitions relating to child care: Title 18, County Zoning Ordinance' 1. "Child care center" means a child care facility that is certified to care for thirteen or more children or a childcare facility that was not constructed as single family home that is certified to care for 12 or fewer children. 2. "Family child care provider" means a child care provider who regularly provides childcare to fewer than 13 children, including children of the provider (regardless of part- or full- time status), in the family living quarters of the provider's single-family home. 1 DCC 18.04.030. Definitions 3. "Nursery, day" means a facility providing day care to three or more children, aged 14 years or under, but not including any: A. Facility providing care that is primarily educational unless provided to a preschool child for more than four hours a day; B Facility providing care that is primarily supervised training in a specific subject, including but not limited to dancing, drama, music or religion; C. Facility providing care that is primarily an incident of group athletic or social activities sponsored by or under the supervision of an organized club or hobby group; D. Facility operated by a school district or governmental agency; or E. Residential facility licensed under ORS 443.400 to 443.445 and 443.991(2). Title 19, Bend Urban Area Zoniog2 1. "Babysitter" means a person who provides day care services for children in the home of the babysitter for not more than five children for eight or more hours in a 24 hour period as a home occupation. 2. "Day care center or facility" means an agency, organization or individual providing daytime care of six or more children not related by blood, marriage to, or not the legal wards or foster children of the attendant adult. (Nursery.) Table 1 summarizes the zones permitting childcare uses in rural Deschutes County. Table 1. Existing Childcare Zoning Code Description Title 18 - County Zoning Chapter 18.65, Rural Service 18.65.022 - Alfalfa RSC - Residential District Center - Unincorporated (C) Conditional Use Community Zone (3) Daycare facility 18.66.020 - Residential (TeR) District (B) Conditional Uses (7) Child care center Chapter 18.66, Terrebonne Rural 18.66.030 - Residential-5 Acre Minimum (TeRS) District Community Districts (B) Conditional Uses (7) Child care center 18.66.040 - Commercial (TeQ District (C) Conditional Uses (6) Child care center Z DCC 19.04.040. Definitions Page 2 of 4 Code Description 18.67.020 - Residential (TuR) District (B) Conditional Uses (6) Child care center Chapter 18.67, Tumalo Rural 18.66.030 - Residential-5 Acre Minimum (TuRS) District Community Districts (B) Conditional Uses (4) Child care center 18.66.040 - Commercial (TuC) District (C) Conditional Uses (3) Child care center 18.74.020 - Uses Permitted - Deschutes junction and Deschutes River Woods Store (C) Conditional Uses Chapter 18.74, Rural Commercial (1)(d) Child care center Zone 18.74.027 - Uses Permitted - Pine Forest and Rosland (C) Conditional Uses (1)(d) Child care center 18.108.055 -Town Center - TC District (A) Uses Permitted Outright Chapter 18.108, Urban (1)(h) Child care center, preschool, daycare facility Unincorporated Community Zone - Sunriver 18.108.110 -Business Park - BP District (A) Uses Permitted Outright (7) Child care center, preschool, daycare facility 18.110.020 - Seventh Mountain/Widgi Creek and Black Chapter 18.110, Resort Butte Ranch Resort Districts Community Zone (B). Uses Permitted Subject to Site Plan Review (6) Daycare facility 18.116.215 - Family Childcare Provider (A) A family childcare provider's home shall be considered a residential use of property, permitted in all areas zoned for Chapter 18.116, Supplementary residential and commercial purposes, including areas Provisions zoned for single-family dwellings. (B) The family childcare provider's home is subject to the same restrictions imposed on any residential dwelling in the same residential or commercial zone. 18.128.190 - Schools (A) Nursery schools shall provide and maintain at least 100 square feet of outdoor play area per child. A sight Chapter 18.128, Conditional Uses obscuring fence at least four feet but not more than six feet high shall separate the play area from adjoining lots. (C) Schools in the Wildlife Area Combining Zone are subject to the provisions of DCC 18.88. Page 3 of 4 Code Description Title 19 - Bend Urban Area Zoning Ordinance 19.12.020 -Permitted Uses Chapter 19.12, Urban Area (E) Day care center facilities subject to site review, DCC Reserve Zone 19.76 and DCC 19.88.160. 19.20.030 - Conditional Uses (D) Public, parochial and private schools, including nursery Chapter 19.20, Suburban Low schools, kindergartens and day nurseries; but not including Density Residential Zone business, dancing, trade, technical or similar schools subject to DCC 19.88.160. 19.28.030 - Conditional Uses (D) Public, parochial and private schools, including nursery Chapter 19.28, Urban Standard schools, kindergartens and day nurseries; but not including Residential Zone business, dancing, trade, technical or similar schools subject to DCC 19.88.160. Chapter 19.64, Light Industrial 19.64.030 - Conditional Uses Zone u) Nursery school, kindergarten and day care facility. Title 19A - Bend Urbanizable Area District 19.A.01.020 - Permitted and Conditional Uses Title 19A, Bend Urbanizable Area Table 19A.01.020 - Permitted Land Uses Family childcare home (16 or fewer children) Title 21 - Sisters Urban Area Zoning Ordinance 21.16.20 - Permitted Uses Title 21.16 - Urban Area Reserve (F) Day Care Center facilities subject to site review DCC Zone 21.44 and 21.44. III. NEXT STEPS Staff seeks Board direction on the potential text amendments. If the Board directs staff to proceed, staff will submit 35-day Post -Acknowledgement Plan Amendment (PAPA) notice to the Department of Land Conservation and Development, and a public hearing with the Planning Commission will be scheduled for April 23, 2020, to be followed by a public hearing with the Board at a later date. Page 4 of 4 E S COG � 2 o f 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 March 16, 2020 DATE: March 12, 2020 FROM: Whitney Hale, Administrative Services, 541-330-4640 TITLE OF AGENDA ITEM: Update on Statewide Transportation Improvement Fund (STIF) Projects BACKGROUND AND POLICY IMPLICATIONS: Andrea Breault, CET Senior Transit Planner, will provide an update on the current status of the County's Statewide Transportation Improvement Fund (STIF) projects. STIF projects are intended to increase and expand public transit services throughout Deschutes County. FISCAL IMPLICATIONS: None ATTENDANCE: Andrea Breault, CET Senior Transit Planner; Whitney Hale, Administration Centre Oregon sergovern mental CouncilY 334 NE Hawthorne Ave. Bend,, OR 97701 541-548-8163 www,col,c. rg To: Deschutes County's Board of County Commissioners From: Andrea Breault, CET Senior Transit Planner Date: March 161h 2020 Re: Update on Statewide Transportation Improvement Fund (STIF) Projects This Memorandum provides a high-level summary of the 2019 — 2021 STIF projects and their statuses, which are intended to increase and expand public transit services throughout Deschutes County. Increased Transit Services • Saturday service on all Community Connector routes to Redmond, Sisters, Bend and La Pine began on February V 2020. • Service planning for two new routes in Bend (the northeast and southeast) are on -going, along with procurement of those vehicles. • Procurement of two (2) small buses are underway for increased frequency along 3rd Street and Greenwood Ave/Newport Ave. • Two deviated routes within the City of Redmond are now mapped and included in Redmond's Comprehensive Plan. Service from La Pine to Sunriver • Multiple meetings have taken place with the La Pine and Sunriver community over the past few months for service planning feedback. • Service is to begin Saturday May 23rd 2020. Transit Technology • CET published a Request for Information and Request for Proposal for new Dispatching and Vehicle Location Technology, which will communicate real-time information and mobile applications to the general public. Snow-Plow/Vehicle Support • CET has purchased two vehicles with necessary attachments for snow removal and cleaning of bus stops. Crooked River Ranch • CET will meet with Crooked River Ranch community on March 2"d to discuss initial transit needs. Labor • An additional vehicle washer has been hired to assist with cleaning vehicles. • CET is currently hiring a new station attendant to provide customer service and tickets sale post 3pm on the weekdays. �tES c0 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 March 16, 2020 DATE: March 9, 2020 FROM: Peter Russell, Community Development, 541-383-6718 TITLE OF AGENDA ITEM: Preparation for Public Hearing: Noise Variance for Night Work on South Century Dr RECOMMENDATION & ACTION REQUESTED: None, this is preparation for public hearing on this topic on 3/18. BACKGROUND AND POLICY IMPLICATIONS: The Board has approved paving South Century Drive from U.S. 97 northbound ramps to Venture Drive, aka Sunriver Business Park entrance. The Road Department requests a noise variance to allow for nighttime work to remove existing pavement and to repave. Nighttime work inconveniences the travenng public less a n Of rilcire ases saIeiy wniu►► the work zone. I I,e nighttime portion of the project is expected to last two weeks The project will not start sooner than March 15 and not end later than September 30, 2020.. FISCAL IMPLICATIONS: None. ATTENDANCE: Peter Russell, Community Development Dept., and Cody Smith, Road Dept. MA STAFF MEMORANDUM TO: Board of County Commissioners FROM: Peter Russell, Senior Transportation Planner DATE: March 9, 2020 WORK SESSION: March 16, 2020 RE: Deschutes County Road Department is requesting a nighttime (10 p.m. - 7 a.m.) noise variance to remove the existing pavement and then repave South Century Drive from U.S. 97 to Venture Drive. (247-20- 000090-V) The Board of County Commissioners (Board) will hold a public hearing on March 18, 2020, at 10 a.m. to hear a noise permit application (Document 2020-209) submitted by the Deschutes County Road Department with a nighttime variance for the repaving of South Century Drive from U.S. 97 to Venture Drive (aka Sunriver Business Park entrance). (Please see attached map for project limits.) The work would begin no sooner than March 15 and end no later than September 30, 2020. I. Summary The Board approved the Road Department's 5-Year Capital Improvement Plan, which included repaving South Century Drive. South Century is a County -maintained arterial which in the year of the most recent traffic count (2019) had an average daily traffic (ADT) of 8,559 just east of US 97 and 10,479 ADT just south of Venture Lane. The night paving will reduce overall inconvenience to the travelling public due to fewer vehicles being stopped, not requiring lengthy out -of -direction travel in the daytime due to lane closures, and increase worker safety in the construction work zone. If nighttime paving is not permitted, the Road Department anticipates the daytime work zone traffic will result in lengthy queues backing up South Century Drive at the east and west ends of the project, potentially affecting the US 97 ramps at the east end and the South Century/Abbot and South Century/Spring River Road intersections at the west end. Additionally, nighttime paving will prevent potential daytime conflicts with traffic attempting to access the Sunriver Resort. The nighttime work is expected to not last more than two weeks. II. Recommendation In the interest of the safety and convenience of both the traveling public and the workers within the construction work zone, staff recommends the noise permit and its nighttime variance be approved. Attachment: South Century paving project map Page 2 of 2 r� 'ZiU7idMWUC�C>R� VIO _ _ SONRIVER `_ . fAo � Iwo e e ,?� a _ IV- �A End of Project`.. Venture Dr I _. r e r - Bgkmiing-©f-Project- - US97 (NB ramps) _WNC3iVER Natio i d �y t � ra N -�c {)0(b�+.r!��E"t�::Rl�ht�. .&3 Ga jc� i�l }c->`3u �Sn�,o, riIS)� � i��i s�f1.J��rYa I:i ��-il(tiYrI1 lmunpe. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED 1. Complete the application form and provide appropriate original signatures. To ensure timely processing of your application, all materials must be submitted on single -sided, 8.5" x 11" paper. Do not use binders, tabs/dividers, staples or tape. 2. Include a copy of the current deed showing the property owners. 3. Attach correct fee. 4. Include a plot plan that shows all property lines and existing and proposed structures, parking, landscaping, lighting, etc. 5. If this application includes oversized plans a single, reduced -size plan no larger than 11" x 17" with graphic scale shall also be included. 6. All applicable standards and criteria must be addressed in writing prior to acceptance of the application. Detailed descriptions, maps and other relevant information must be attached to the application. FEE: $1,568 Applicant's Name (print): Cody Smith, Deschutes Co. Road Dept. Phone: (541) 322-7113 Mailing Address: 61150 SE 271" St. City/State/Zip: Bend, OR 97702 Applicant's Email Address: Cody.Smith@deschutes.org Property Owner's Name (if different)*: N/A Phone: (_) Mailing Address: N/A City/State/Zip: 1. Property Description: T20S R 11 E, Sections 03, 04, and 05, no tax lots as County road right of way 2. Property Zone(s): Forest Use 1, UUC-SR_ Property Size (acres or sq. ft.):_N/A 3. Lot of Record? (State reason): N/A, public road right of way 4. Property Address: N/A, public road right of way 5. Present Use of Property: County road, Rural Arterial 6. Existing Structures: None 7. Request: Deschutes County Road Department ("Department") is requesting a nighttime (10 p.m.-7 a.m.) noise variance to remove the. Pxisting asphalt concrete wearing surface and then repave South Century Dr between US 97 and Venture Dr, South Century Dr, a Rural Arterial, has an average daily traffic (ADT) of 8,559 (2019) within the project limits. Nighttime paving will result in reduced overall public inconvenience due to fewer vehicles being stopped, not require out -of -direction travel in the daytime due to lane closures, and increase worker safety within the construction work zone. If nighttime paving is not permitted, Department anticipates that daytime work zone traffic control will result in traffic NYV l 1J��r? .� 111,( ('iii. �i,y. �1f1 //f )-y ''r? �,.: 60i) EI"1( OR -, ,'".4 6 _. Rev 5/18 queues backing up onto Hwy 97 to the south and north of the project. The Federal Highway Administration (FHWA) "Construction Noise Handbook" describes construction equipment noise levels and provides the following information for all equipment that may be used on the project. This data is for the period beginning in 1970 through 2006. The information is for both stationary and mobile sources and for steady, intermittent, and impulse type noises. Equipment Description Spec. 721.560 Lmax @ 50 feet (dBA, slow) Actual measured Lmax @ 50 feet (dBA, slow) (Samples averaged) Backhoe 80 78 _ Compactor (ground) 80 83 Compressor (air) 80 78 Dump Truck 84 76 Flat Bed Truck 84 74 Front End Loader 80 79 Generator 82 81 Grader 85 N/A Pavement Scarifier 85 90 Paver 85 77 Pickup Truck 55 75 Pneumatic Tools 85 85 Roller 85 80 Vacuum Street Sweeper 80 82 Warning Horn 85 83 Source: Table 9.1 RCNM Default Noise Emission Reference Levels and Usage Factors For each generic type of equipment listed in the table, the following information is provided: The specification "Spec" limit for each piece of equipment expressed as Lmax level in dBA "slow" at a reference distance of 50 feet from the loudest side of the equipment. The measured "Actual' emission level at 50 feet for each piece of equipment is based on hundreds of emission measurements performed on Central Artery/Tunnel (CA/T) work sites. The National Highway Institute (NHI) provides additional information on what occurs when there are no barriers or objects between the source and receptor. Noise levels decrease 6 dBA each time the distance from the point source doubles in paved situations. In locations where soft ground exists, an additional 1.5 dBA decrease occurs per doubling distance. When the above numbers differ, the Road Department has used the higher (noisier) values when determining the dBAS for the equipment to be used. The Planning Division utilizes the Department of Environment Quality (DEQ) standards for noise as set forth in Oregon Administrative Rule (OAR) 340-035-0035 when reviewing noise 7 NVV if ayette.Aven,ie, fiend, Orencm 13 M P O Box 600.`., Fend, OR c 708 6005 _ 8� ( !`@ coo<<)c;25Ch,ilec org ®vdi+ v c:ex n, icc, ork',ii:+ permits under Deschutes County Code (DCC) 8.08. The Road Department has used Table 8, New Industrial and Commercial Noise Source Standards, from OAR 340-035-0035 to determine the potential noise impact area. Table 8 sets a nighttime standard of 50 dBA for noise. The highest dBA from the equipment table is 90 dBA, resulting in a potential noise impact area of a 3,200-foot radius from South Century Dr. At 3,200 feet the highest expected dBA from any equipment would be 48 dBA, which meets the DEQ standard. Approximately 1,060 properties are within the noise radius area. The nighttime work is expected to begin no sooner than March 15, 2020. The duration of the nighttime work is anticipated to be no more than two weeks. The work will be completed by September 30, 2020. Nighttime work will occur between 10 p.m. and 6 a.m. Sunday night through Friday morning each week. Department will issue a media release to inform the travelling public no later than one week prior to start of work. Additionally, portable changeable message boards will be installed on South Century Dr. no later than two weeks prior to start of work. 8. Property will be served by: Sewer: N/A as project occurs on public right of way. Onsite Disposal System: N/A, on -site portable systems will be used as necessary. 9. Domestic Water Source: N/A Tn tho hect of my knnwlerl p the nrnnncal rmmnliec with all nrevini m rnnHitinnc of approval and all other applicable local, state, and federal laws. By signing this application, I acknowledge that Deschutes County planning staff may make a site visit(s) to the address(es) listed on this application in order to evaluate the property(ies) with the Deschutes County Code criteria applicable to the land use request(s) submitted. Please describe any special circumstances regarding a potential site visit: Applicant's Signature: Date: 1-30-2020 Property Owner's Signature (if different)*: Date: Agent's Name (If applicable): Phone: () Mailing Address: City/State/Zip: Agent's Email Address: *If this application is not signed by the property owner, a letter authorizing signature by the applicant must be attached. By signing this application, the applicant understands and agrees that Deschutes County may require a deposit for hearings officers' fees prior to the application being deemed complete. If the application is heard by a hearings officer, the applicant will be responsible for the actual costs of the hearings officer. REVIEWED MZ LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON NOISE PERMIT PURSUANT TO DESCHUTES COUNTY CODE (DCC) CHAPTER 8.08 LOCATION: South Century Drive from U.S. 97 to Venture Drive. FILE NUMBER: 247-20-000090-V OWNER: Deschutes County Road Department OPERATOR: Cody Smith PHONE: (541) 322-7113 PROJECT DESCRIPTION: The applicant requests approval of a noise permit to allow nighttime construction to address deteriorating pavement conditions, ruts, and operational issues. The project will include removing the existing pavement surface and repaving. DATES AND TIMES OF PROJECT: Nighttime construction activities are anticipated to begin no sooner than March 15, 2020 and are anticipated to be completed no later than September 30, 2020. Nighttime construction will occur Sunday night through Friday morning, between 10:00 p.m. and 7:00 a.m. FINDINGS: The Board of County Commissioners (`Board") finds that a public necessity exists for granting this permit for construction hours between 10:00 p.m. and 7:00 a.m. The Board bases the findings on evidence in the record and testimony at the hearing. These findings include: 1. A need to maintain and improve the roadway surface on Knott Road; 2. A desire to conduct construction from 10:00 p.m. to 7:00 a.m. to minimize traffic delays, decrease the risk of construction related accidents on South Century Drive, and reduce potential traffic queues affecting US 97 and County roads. CONDITIONS OF APPROVAL: 1. Construction activities may be conducted beginning March. 15, 2020. 2. Fifteen days prior to commencing any construction activities, the Owner shall notify all property owners who testified at the public hearing for this permit of the dates and times the construction activities will occur. 3. This permit expires September 30, 2020. 4. THE APPROVED PERMIT SHALL BE RETAINED ON -SITE UNTIL THE PROJECT IS COMPLETE. 5. BY ACCEPTANCE OF THIS PERMIT, OWNER/OPERATOR CONSENT TO ALLOW BOTH COUNTY CODE ENFORCEMENT AND LAW ENFORCEMENT PERSONNEL TO COME ON THE PREMISES FOR WHICH THE PERMIT HAD BEEN GRANTED FOR THE PURPOSE OF INSPECTION AND ENFORCEMENT OF THE TERMS AND CONDITIONS OF THE PERMIT AND DCC 8.08, AND ANY OTHER APPLICABLE LAWS OR ORDINANCES. PAGE 1 of 2- DOCUMENT No. 2020-209 Dated this of 12020 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: Recording Secretary PAGE 2 OF 2- DOCUMENT No. 2020-209 PATTI ADAIR, Chair ANTHONY DEBONE, Vice Chair PHILIP G. HENDERSON, Commissioner