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2020-241-Minutes for Meeting June 03,2020 Recorded 7/21/2020G�\)IES CpG BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541 ) 388-6570 1 11 A' Recorded in Deschutes County C J2020_241 Nancy Blankenship, County Clerk Comm! ssioners'Journal 07/21/2020 2:26:18 PM ,8 II�'IIIIII'II"IIIIIII�IIIII III COGS 2020-241 Wednesday, June 3, 2020 BARNES & SAWYER ROOMS VIRTUAL MEETING PLATFORM Present were Commissioners Patti Adair, Anthony DeBone, and Phil Henderson. Also present were Tom Anderson, County Administrator; David Doyle, County Counsel; Whitney Hale, Communications Director; and Sharon Keith, Board Executive Assistant. In room attendance was limited in compliance with the Governor's Virus orders. This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website http://deschutescountyor.igm2.com/Citizens/Default.aspx CALL TO ORDER: Chair Adair called the meeting to order at 10:00 a.m. PLEDGE OF ALLEGIANCE: CITIZEN INPUT: BOCC MEETING JUNE 3, 2020 PAGE 1 OF 8 CONSENT AGENDA: Before the Board was consideration of approval of the Consent Agenda. DEBONE: Move approval HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried 1. Consideration of Board Signature of Resolution No. 2020-023 Budget Adjustment Health Benefit Fund 2. Consideration of Board Signature of Purchase Agreement, Document no. 2020-196, and Acceptance of Dedication Deed, Document No. 2020-197, from Leo and Michelle Gellings for Right of Way for the Old Bend Redmond Hwy / Tumalo Road Intersection Improvement Project 3. Consideration of Board Signature of Document No. 2020-340, Quitclaim Deed for Property located at 56516 Solar Drive, Bend 4. Consideration of Board Signature of Document No. 2020-341, Conveyance of Access Rights and Document No. 2020-342 Terms of State's Offer 5. Consideration of Board Signature of Letter Reappointing Les Hudson to the Planning Commission 6. Consideration of Board Signature of Letter Appointing Susan Altman to the Planning Commission 7. Approval of Minutes of the April 16, 2020 Budget Meeting 8. Approval of Minutes of the April 29, 2020 BOCC Meeting 9. Approval of Minutes of the May 1, 2020 BOCC Meeting 10.Approval of Minutes of the May 4, 2020 BOCC Meeting ACTION ITEMS: 11.Consideration of Board Signature of Order No. 2020-028, Transferring Solid Waste Franchises and Consenting to Identified Assignment Solid Waste Director Timm Schimke presented the Order for consideration. Representatives from Republic Services, Wilderness Garbage and Recycling, BOCC MEETING JUNE 3, 2020 PAGE 2 OF 8 and attorney Terry O'Sullivan spoke on the transfer. Kristie Bollinger, Property Manager (via Zoom conference call) reported a new lease will be presented to the Board at an upcoming meeting. DEBONE: Move adoption of Order No. 2020-028 HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried 12.COVID-19 Update Nahad Sadr-Azodi, Director of Public Health (via Zoom conference call) presented an update on the status of personal protective equipment, testing plans, and age categories of COVID-19 cases. More detail on a way forward with COVID-19 response will be presented at the June 10, 2020 BOCC meeting. RECESS: At the time of 11:02 a.m., the Board went into recess to watch the Governor's press conference regarding COVID-19 in consideration of the Phase II re -opening. The Board reconvened at 12:07 p.m. to announce a recess at 12:08 p.m. The meeting reconvened at 1:01 p.m. 13.Consideration of County Administrator Signature of Policy F13 Reserve Policy for Health Benefit Fund Human Resources Director Kathleen Hinman presented the policy for consideration. County Administrator Anderson reported on the potential buy in and discussions from the Black Butte Ranch Service District. The BOCC MEETING JUNE 3, 2020 PAGE 3 OF 8 Board supported the 150% option. HENDERSON: Move approval as amended by changing word in item B from "same value" to " 150W DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried 14.Consideration of IMPACTS Grant Application Request Health Services Program manager Holly Harris and Brandi Shroyer, District Attorney's office (via Zoom conference call) requested approval to apply for the IMPACTS grant from the Oregon Criminal Justice Commission. The Local Public Safety Coordinating Council has already recommended proceeding with the application. The grant award would allow for funding for two years and would support services at the crisis stabilization center. DEBONE: Move approval of application HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried 15.Consideration of Board Signature of Document No. 2020-289, BestCare Treatment Services Contract Janice Garceau, Health Services (via Zoom conference call) presented the document for consideration. Commissioner Adair asked that the insurance binders/certificates be included with the contract document. BOCC MEETING JUNE 3, 2020 PAGE 4 OF 8 DEBONE: HENDERSON: VOTE: DEBONE: Move approval of Document No. 2020-289 Second HENDERSON: ADAI R: Yes Yes Chair votes yes. Motion Carried 16.DELIBERATIONS on Amending Deschutes County Transportation System Plan to Add Roundabouts at US 20/Cook - OB Riley and US 20 / Old Bend Redmond Hwy Intersections and Amend Tables 5.3.T1 and 5.3.T2 Senior Transportation Planner Peter Russell (via Zoom conference call) presented the deliberations. Road Department Director Chris Doty (via Zoom conference call) summarized the project process with Oregon Department of Transportation. Commissioner Henderson voiced concern on roundabout designs. In his opinion, this intersection would benefit from an overpass. DEBONE: Moved approval of the amendments to the Deschutes County Transportation System Plan HENDERSON: Second Discussion: Mr. Russell will present the Board with an Ordinance which will include the amendments. VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried BOCC MEETING JUNE 3, 2020 PAGE 5 OF 8 17. PUBLIC HEARING: Child Care Text Amendments Community Development Department Planner Tanya Saltzman (via Zoom conference call) reviewed the hearing procedures. Upon hearing no conflicts of interest or bias or challenges, Commissioner Adair opened the public hearing. Ms. Saltzman presented the staff report. Discussion held on permitted use. Planning Manager Peter Gutowsky, (via Zoom conference call) responded regarding zoning for clarity. Commissioner Adair called for public testimony. Hearing none, the Board supported closing both the public hearing and closing the record. HENDERSON: Move approval of Ordinance No. 2020-010, first and second reading by title only, with the 30 day emergency clause. DEBONE: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried Commissioner Adair read the Ordinance by first and second reading into the record. DEBONE: Move adoption of Ordinance No. 2020-010 HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: ADAIR: Yes Chair votes yes. Motion Carried BOCC MEETING JUNE 3, 2020 PAGE 6 OF 8 OTHER ITEMS: • Commissioner Henderson reported a weather catastrophe occurred in the Lower Bridge Way area on May 30t" and residents are requesting the Board declare an emergency. Commissioner Henderson also reported the Deschutes Basin Water Collaborative request that the Board declare a drought emergency relative to irrigation water volumes. • Commissioner DeBone spoke on the proposal of a facility project review committee. Erik Kropp Deputy County Administrator presented the overview of the responsibilities of the committee. Commissioner Henderson recommended adding a member from the banking community. The Board supported two-year terms for the committee. HENDERSON: Move approval of creation of the facility project review Committee DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried • Commissioner DeBone is working on patient transport protocols for La Pine Fire and will participate in their discussions on June 18. Commissioner DeBone also reported on the draft agenda for the upcoming AOC District 2 meeting. EXECUTIVE SESSION: At the time of 3:20 p.m. the Board went into Executive Session under ORS 192.660 (2) (e) Real Property Negotiations. The Board came out of Executive Session at 3:50 p.m. and Commissioner Adair excused herself for another scheduled meeting. BOCC MEETING JUNE 3, 2020 PAGE 7 OF 8 At the time of 3:50 p.m. the Board went into Executive Session under ORS 192.660 (2) (d) Labor Negotiations. The Board came out of Executive Session at 4:12 p.m. Being no further items to come before the Board, the meeting was adjourned at 4:12 p.m. DATED this / Day of 2020 for the Deschutes County Board of Commissioners. Lxvx, ATTI ADAIR, CHAIR ANTHONY DE O ( p.. CHAIR ATTEST: �rrm 0. _PHILIP G.6E E , COMMISSIONER RECORDING SECRETARY— BOCC MEETING JUNE 3, 2020 PAGE 8 OF 8 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - www.deschutes.org BOCC MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 AM, WEDNESDAY, JUNE 3, 2020 Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend This meeting is open to the public, usually streamed live online and video recorded. To watch it online, visit www. deschutes. org/meetings. 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. Item start times are estimated and subject to change without notice. CALL TO ORDER MEETING FORMAT In response to the COVID-19 public health emergency, Oregon Governor Kate Brown issued Executive Order 20-16 directing government entities to utilize virtual meetings whenever possible and to take necessary measures to facilitate public participation in these virtual meetings. Beginning on May 4, 2020, meetings and hearings of the Deschutes County Board of Commissioners will be conducted in a virtual format. Attendance/Participation options include: Live Stream Video: Members of the public may still view the BOCC meetings/hearings in real time via the Public Meeting Portal at www.deschutes.org/meetings. Citizen Input: Citizen Input is invited in order to provide the public with an opportunity to comment on any meeting topic that is not on the current agenda. Citizen Input is provided by submitting an email to: citizen inputC@deschutes.org or by leaving a voice message at 541-385-1734. Citizen input received before the start of the meeting will be included in the meeting record. Zoom Meeting Information: Staff and citizens that are presenting agenda items to the Board for consideration or who are planning to testify in a scheduled public hearing may participate via Zoom meeting. The Zoom meeting id and password will be included in either the public hearing materials or through a meeting invite once your agenda item has been included on the agenda. Upon entering the Zoom meeting, you will automatically be placed on hold and in the waiting room. Once you are ready to Board of Commissioners BOCC Meeting Agenda Wednesday, June 3, 2020 Page 1 of 4 present your agenda item, you will be unmuted and placed in the spotlight for your presentation. If you are providing testimony during a hearing, you will be placed in the waiting room until the time of testimony, staff will announce your name and unmute your connection to be invited for testimony. Detailed instructions will be included in the public hearing materials and will be announced at the outset of the public hearing. PLEDGE OF ALLEGIANCE CITIZEN INPUT (for items not on this Agenda) [Note: Because COVID-19 restrictions may limit or preclude in person attendance, citizen input comments may be emailed to citizeninputPdeschutes.org or you may leave a brief voicemail at 541.385.1734. To be timely, citizen input must be received by 9:00am on the day of the meeting.] CONSENT AGENDA 1. Consideration of Board Signature of Resolution No. 2020-023, Budget Adjustment Health Benefit Fund 2. Consideration of Board Signature of Purchase Agreement, Document No. 2020-196, and Acceptance of Dedication Deed, Document No. 2020-197, from Leo and Michelle Gellings for Right of Way for the Old Bend Redmond Hwy/Tumalo Rd Intersection Improvement Project 3. Consideration of Board Signature of Document No. 2020-340, Quitclaim Deed for Property Located at 56516 Solar Drive Bend 4. Consideration of Board Signature of Document 2020-341 Conveyance of Access Rights and Document 2020-342 Terms of State's Offer 5. Consideration of Board Signature of Letter Reappointing Les Hudson to the Planning Commission 6. Consideration of Board Signature of Letter Appointing Susan Altman to the Planning Commission 7. Approval of Minutes of the April 16, 2020 Budget Meeting 8. Approval of Minutes of the April 29, 2020 BOCC Meeting 9. Approval of Minutes of the May 1, 2020 BOCC Meeting Board of Commissioners BOCC Meeting Agenda Wednesday, June 3, 2020 Page 2 of 4 10.Approval of Minutes of the May 4, 2020 BOCC Meeting ACTION ITEMS 10:05 AM COVID-19 Update 11. 10:25 AM Consideration of Board Signature of Order No. 2020-028, Transferring Solid Waste Franchises and Consenting to Identified Assignment - Timm Schimke, Director of Solid Waste 12. 10:40 AM Consideration of County Administrator Signature of Policy F13 Reserve Policy for Health Benefit Fund - Kathleen Hinman, Human Resources Director 13. 11:00 AM Consideration of IMPACTS Grant Application Request - Holly Harris, 14. 11:15 AM Consideration of Board Signature of Document No. 2020-289, BestCare Treament Services Contract - fanice Garceau, BH Deputy Director 15. 11:30 AM DELIBERATIONS on Amending Deschutes County Transportation System Plan to Add Roundabouts at US 20/Cook-O.B. Riley and US 20/01d Bend -Redmond Hwy Intersections and Amend Tables 5.3.T1 and 5.332 - Peter Russell, Senior Planner 16. 12:00 PM PUBLIC HEARING: Child Care Text Amendments -Tanya Saltzman, Associate Planner 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. 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. Board of Commissioners BOCC Meeting Agenda Wednesday, June 3, 2020 Page 3 of 4 Executive sessions are closed to the public, however, with few exceptions and under specific guidelines, are open to the media. Executive Session under ORS 192.660 (2) (e) Real Property Negotiations 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.orR/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.) 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CL 0 V) V) E E 4--J 0 04-J Qj 4-J 4) 0 0 a) t10 0 V) z FAI E T OI E S COGS o� Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of June 3, 2020 DATE: May 28, 2020 FROM: Kathleen Hinman, Human Resources, 541-385-3215 TITLE OF AGENDA ITEM: Consideration of County Administrator Signature of Policy F13 Reserve Policy for Health Benefit Fund RECOMMENDATION & ACTION REQUESTED: Board discussion and consideration of approval for County Administrator signature of revised policy F-13 Reserve Policy for The Health Benefits Fund. BACKGROUND AND POLICY IMPLICATIONS: The current reserve policy was completed in 2006 and sets the reserve amount at one year of claims. HR and Finance in consultation with the Benefit Plan consultants recommend a revised reserve strategy. The revised strategy identifies the claims liability reserve intended to account for unreported claim liability, as well as a reserve level identified to reasonably assure the financial continuity, stability and soundness of the self -insured fund into the future. FISCAL IMPLICATIONS: The current fund balance is grater than the minimum reserve balance identified in the revised policy. ATTENDANCE: HR Director Kathleen Hinman and Chief Financial Officer Greg Munn. -13 COUNTY ADMINISTRATIVE POLICY No,, F DESCII EFF I=CCT1Vl_ IDA, f L: my 1, 20120 RESERVE POLICY FOR THE HEALTH BENEFITS FUND STATEMENT OF POLICY Financial stability of the County's self -insured employee benefit programs is dependent on setting the appropriate funding rates and maintaining an adequate level of reserves. The primary purpose for establishing and maintaining reserves for the self-insurance fund is A) to account for unreported claim liability and B) to reasonably assure the financial continuity, stability and soundness of the self -insured fund into the future. The County may self -insure any or all of its employee benefit programs and choose to purchase stop -loss coverage (i.e. reinsurance) to cover catastrophic events. It is the unknown and unpredictable self - insured component that necessitates a reserving policy. In addition to this reserving policy, it is affirmed that any reserves in the fund shall be administered in compliance with ORS 731.036 (6) (e). DEFINITIONS Cash reserves are defined as the projected minimum cash balance in the fund at the end of each fiscal year. Claims are defined as adjudicated service level remittance for services rendered to patients by providers of medical, dental, vision, and pharmacy care. POLICY AND PROCEDURES This reserving policy covers the following types of cash reserves: A. Claims Reserve — On any given day, the fund has a responsibility to pay for claims that have been incurred but not paid. The plan is also obligated to cover the cost of administering run - out claims and on -going stop -loss liability in the event that any of the self - insured programs are changed or terminated. A valuation of the Health Plan's unpaid claims liability shall be performed annually by a qualified consultant, or if no consultant is retained, the valuation shall be completed by the County using industry accepted methods. Given claims variability and to account for claims offset due to operational programs (i.e. the Deschutes On -site Clinic, Pharmacy, and Stop Loss Insurance levels) the Claims Reserve amount shall be calculated at 1.5 times the valuation amount and be 100% funded at all times. Contingency Reserve —This reserve represents an estimate for unanticipated claims occurrences. Even if the County continues to fund at the expected claim level, there is a risk that claims frequency and cost can be higher. The minimum amount of the Contingency Reserve shall be maintained at the same value of the Claims Reserve. The actual amount of the Contingency Reserve shall be established during the annual budget process. This Contingency Reserve also allows for the following: 1. Cover costs associated with unexpected claims and account for unexpected costs associated with claims administration. 2. Maintaining cost effective and competitive benefits during periods of reduced revenues or tightened budgets. 3. Maintaining cost effective and competitive benefits during periods of high medical trend, substantial insurance/reinsurance rate increases and an ability to absorb multiple catastrophic medical claim situations occurring simultaneously. 4. Maintaining flexibility in the fund regarding the degree and amount of risk it is willing to assume on a self -funded basis. The total cash reserve for the Health Benefits Fund shall be, at minimum, the sum of the amounts for the Claims Reserve and Contingency Reserve. The actual amount of the Contingency Reserve shall be established during the annual budget process and will be set to allow for the above considerations. Tom Anderson County Administrator Policy # F-13 Reserve Policy for The Health Benefits Fund Page 2 of 2 01 E S COG Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meetina of June 3, 2020 DATE: May 26, 2020 FROM: Holly Harris, Health Services, TITLE OF AGENDA ITEM: Consideration of IMPACTS Grant Application Request RECOMMENDATION & ACTION REQUESTED: Staff request approval to apply for IMPACTS Grant funds. BACKGROUND AND POLICY IMPLICATIONS: In 2019, the Oregon Legislature passed Senate Bill (SB) 973, which created the Improving People's Access to Community -Based Treatment, Supports, and Services (IMPACTS) Program. This legislation was informed by a statewide Behavioral Health Justice Reinvestment Steering Committee, organized in 2018, which used a data -driven approach to examine ways to improve outcomes for individuals who are frequent utilizers of both behavioral health and criminal justice resources. Informed by the analysis of the Steering Committee, the IMPACTS Program was enacted in recognition of the shortage of comprehensive community supports and services for individuals with mental health or substance use disorders, leading to their involvement with the criminal justice system, hospitalizations, and institutional placements. The purpose of the IMPACTS Program is to address this need by awarding grants to Oregon counties and federally recognized tribal governments to establish evidence -based and tribal -based programs to provide needed supports and services in local communities. The IMPACTS grant "target population" is defined as individuals who receive services and supports funded through the IMPACTS Program, have one or more behavioral health disorders, and are booked into a jail an average of four or more times in a one-year period or are high utilizers of criminal justice resources, hospital or urgent healthcare resources, or institutional placements. This grant opportunity aligns with the following priorities in the Health Services Strategic Plan: Goal 1.B. Implement evidence -based programs and/or best practices in health promotion and prevention, and Goal 2. A. Coordinate and integrate services through collaborative community partnerships Data indicates that a significant number of individuals that come into contact with law enforcement have a mental health disorder. The US Department of Justice reported that 1 in 7 state and federal prisoners (14%) and 1 in 4 jail inmates (26%) reported experiences that met the threshold for serious psychological distress. Approximately one quarter of a million individuals with serious mental illness are incarcerated at any given moment --about half arrested for non-violent offenses such as trespassing or disorderly conduct. In addition, Deschutes County has seen a 67% increase in Aid and Assist referrals which is placing a substantial burden on both the health and criminal justice systems. This program would support core activities of the 24/7 Crisis Services program, which include supporting law enforcement when managing a mental health crisis situation, decreasing recidivism, as well as keeping those with mental health conditions out of the criminal justice system when appropriate. With the award of these grant funds, Deschutes County Health Services could enhance the staffing at the Deschutes County Stabilization Center and operate 24 hours a day, 7 days a week. Doing this would allow us to provide the full array of services, including 23-hour respite, which would improve our ability to divert individuals from the emergency department and the jail. FISCAL IMPLICATIONS: This is a two-year grant to begin July 1, 2020. There is approximately $10 million available via SIB 973 for the entire State; it is unknown how many awards will be granted. Our application includes a request for $2,551,713.00 for the biennium (July 1, 2020 through June 30, 2022). IMPACTS Grant Fiscal Analysis Fiscal Years 2021- 2026, 7/1/2021- 6/30/2022 FY 2021 FY 2022 TOTAL Wages & Benefits $ 733,783 $ 1,061,857 $ 1,795,640 Travel $ - $ - Supplies $ 109,749 $ 95,349 $ 205,099 Contracted Services $ 77,000 $ 242,000 $ 319,000 Total Indirect (10%de minimis) $ 92,053 $ 139,921 $ 231,974 Total Costs $ 1,012,586 $ 1,539,127 $ 2,551,713 Health Services is requesting approval to apply for the IMPACTS Grant through the Oregon Criminal Justice Commission to extend the Deschutes County Stabilization Center operating hours to 24 hours, 7 days per week during Fiscal Year (FY) 2021 and FY 2022. The analysis assumes the grant will support 7.8 FTE in Years 1 and 2, with an additional 3.2 FTE in Year 2 after funding supporting such staffing from the Central Oregon Health Council is exhausted. The IMPACTS Grant will also cover the additional cost of providing 24-hour contracted security services from the current extended hour offering and will completely cover the security contract in Year 2. In addition, the analysis assumes the IMPACTS Grant will cover protective equipment, increased custodial and utility costs, and licensure of staff. The grant will cover $2,319,739 in direct costs, and $231,974 in departmental indirect costs. FTE Detail: New IMPACTS Grant Positions: Year 1 Year 2 1.0 BH Specialist 11, Licensed $104,508.52 $112,687.76 1.0 BH Specialist II, Licensed (lead) at 10% $116,298.72 $125,161.52 1.0 BH Specialist 11, Licensed $107,740.84 $115,920.08 1.0 BH Technician $82,979.72 $89,181.60 0.6 BH Specialist 11, Licensed $60,399.14 $65,006.18 0.6 BH Specialist II, Licensed $60,399.14 $65,006.18 0.6 BH Technician $45,542.07 $48,963.70 1.0 BH Specialist 1 $89,334.20 $96,302.97 1.0 Peer Support Specialist $66,580.77 $71,731.80 Extension of COHC Positions Year 2: 1.0 BH Technician $82,605.36 0.5 BH Technician $37,628.56 0.5 Peer Support Specialist $30,875.60 0.6 BH Specialist II, Licensed $60,393.03 0.6 BH Specialist 11, Licensed $60,393.03 Total Staffing Cost $733,783.12 $1,061,857.37 ATTENDANCE: Holly Harris, Crisis Services Program Manager; Brandi Shroyer, Deputy District Attorney ES CMG Deschutes County Health Services GRANT APPLICATION REQUEST Please answer the following questions: Official Grant Title: IMPACTS Grant Source of Grant Funds: Oregon Criminal Justice Commission/Oregon Health Authority Funding Amount and Duration This is a two-year grant to begin July 1, 2020. The funding amount to (include amount per year if be awarded is unknown. There is approximately $10 million available multiple years): via SIB 973 for the entire state of Oregon. It is unknown how many awards they will grant. Application Due Date: FTE Required and Cost of FTE: Click here to access the Grant Calculator Tool Our application includes a request for $2,551,713.00 for the biennium (July 1, 2020 through June 30, 2022). June 12, 2020 Nuuei IMPACTS Grant Pnsitinns- Year 1 Year 2 1.0 BHS II LIC $104,508.52 $112,687.76 1.0 BHS II LIC (lead) at 10% $116,298.72 $125,161.52 1.0 BHS II LIC $107,740.84 $115,920.08 1.0 BH Tech $82,979.72 $89,181.60 0.6 BHS II LIC $60,399.14 $65,006.18 0.6 BHS II LIC $60,399.14 $65,006.18 0.6 BH Tech $45,542.07 $48,963.70 1.0 BHS 1 $89,334.20 $96,302.97 1.0 Peer Support Specialist $66,580.77 $71,731.80 Extension of COHC Positions Year 2 1.0 BH Tech $82,605.36 0.5 BH Tech $37,628.56 0.5 Peer $30,875.60 0.6 BHS II Lic $60,393.03 0.6 BHS II Lic $60,393.03 Total Staffing Cost $733,783.12 $1,061,857.37 Staff Responsible: Holly Harris, M.Ed., LPC — Health Services Program Manager Matching Requirements? ❑ Yes 0 No If Yes, ❑ in -kind or ❑cash? Amount: Click or tap Mere to enter text. Contract or MOU Required? ❑ Yes 0 No Does grant allow for admin 0 Yes ❑ No If Yes, amount: 10% fee? Expedited Director approval? I 0 Yes ❑ No Rev. 11/19/2018 Page 1 of 4 1. How does this grant opportunity align with priorities in the Health Services Strategic Plan, the Regional Health Improvement Plan or an emerging need? grant meets the following priorities in the Health Services Strategic Plan: Goal 1.B. Implement evidence -based programs and/or best practices in health promotion and prevention, and Goal 2. A. Coordinate and integrate services through collaborative community partnerships Data indicates that a significant number of individuals that come into contact with law enforcement have a mental health disorder. The USDOJ reported that 1 in 7 state and federal prisoners (14%) and 1 in 4 jail inmates (26%) reported experiences that met the threshold for serious psychological distress. Approximately one quarter of a million individuals with serious mental illness are incarcerated at any given moment —about half arrested for non-violent offenses such as trespassing or disorderly conduct. In addition, Deschutes County has seen a 67% increase in Aid and Assist referrals which is placing a substantial burden on both the health and criminal justice systems. This program would support core activities of the 24/7 Crisis Services program, which include supporting law enforcement when managing a mental health crisis situation, decreasing recidivism, as well as keeping those with mental health conditions out of the criminal justice system when appropriate. No additional funding is needed as the grant would cover associated costs. j 2. Briefly summarize what work the grant is intended to accomplish. In 2019, the Oregon Legislature passed Senate Bill (SB) 973, which created the Improving People's Access to Community -Based Treatment, Supports, and Services (IMPACTS) Program. This legislation was informed by a statewide Behavioral Health Justice Reinvestment Steering Committee, organized in 2018, which used a data -driven approach to examine ways to improve outcomes for individuals who are frequent utilizers of both behavioral health and criminal justice resources. Informed by the analysis of the Steering Committee, the IMPACTS Program was enacted in recognition of the shortage of comprehensive community supports and services for individuals with mental health or substance use disorders, leading to their involvement with the criminal justice system, hospitalizations, and institutional placements. The purpose of the IMPACTS Program is to address this need by awarding grants to Oregon counties and federally recognized tribal governments to establish evidence -based and tribal -based programs to provide needed supports and services in local communities. The IMPACTS grant "target population" is defined as individuals who receive services and supports funded through the IMPACTS Program, have one or more behavioral health disorders, and are booked into a jail an average of four or more times in a one-year period or are high utilizers of criminal justice resources, hospital or urgent healthcare resources, or institutional placements. With the award of these grant funds, Deschutes County Health Services could enhance the staffing at the Deschutes County Stabilization Center and operate 24 hours a day, 7 days a week. Doing this would allow us to provide the full array of services, including 23-hour respite, which would improve our ability to divert individuals from the emergency department and the jail. Rev. 11/19/2018 Page 2 of 4 3. Describe the science or evidence base that supports delivering the work the grant is intended to accomplish. SAMHSA recognizes short-term Crisis Stabilization Centers as a best practice in diverting those with mental illness and substance use disorders from the criminal justice system. In addition, 23- hour crisis observation, or stabilization, provides individuals in severe distress with up to 23 consecutive hours of supervised care to help de-escalate the severity of the crisis and the need for urgent care, and to avoid unnecessary hospitalization. 4. Does the work the grant is intended to accomplish require ethics review? If so, what is the regulating authority and who will do the work? No 5. Summarize the cost of doing the work the grant is intended to accomplish (include costs of personnel, equipment, materials and services, travel/training, etc., as applicable, using the grant calculator tool [to be developed]). R IMPACTS Grant Fiscal Analysis Fiscal Years 2021- 2026, 7/1/2021- 6/30/2022 FY 2021 FY 2022 TOTAL Wages & Benefits $ 733,783 $ 1,061,857 $ 1,795,640 Travel $ - $ - Supplies $ 109,749 $ 95,349 $ 205,099 Contracted Services $ 77,000 $ 242,000 $ 319,000 Total Indirect (10% de minimis) $ 92,053 1 $ 139,921 $ 231,974 Total Costsi $ 1,012,586 1 $ 1,539,127 $ 2,551,713 Health Services is requesting approval to apply for the IMPACTS Grant through the Oregon Criminal Justice Commission to extend the Deschutes County Stabilization Center operating hours to 24 hours, 7 days per week during Fiscal Year (FY) 2021 and FY 2022. The analysis assumes the grant will support 7.8 FTE in Years 1 and 2, with an additional 3.2 FTE in Year 2 after funding supporting such staffing from the Central Oregon Health Council is exhausted. The IMPACTS Grant will also cover the additional cost of providing 24-hour contracted security services from the current extended hour offering and will completely cover the security contract in Year 2. In addition, the analysis assumes the IMPACTS Grant will cover protective equipment, increased custodial and utility costs, and licensure of staff. The grant will cover $2,319,739 in direct costs, and $231,974 in departmental indirect costs. Ariminictrntive sunnnrts required (check all that aoolv): rx Compliance oversight Contract -security rF-1 Data analysis: Is the data FX already collected? OR © new to us? Where does the data live? Some data lives in Epic and other data is already collected on spreadsheets for a number of other grants. Z EHR ❑x Fiscal oversight and/or reporting Quarterly and annual fiscal reporting will be required Rev. 11/19/2018 Page 3 of 4 ® Operations (building, vehicles, etc.) ® Reporting: What: Progress reports will be required How often: Unknown ❑ Other, please describe: Ctick or tap here to enter text. To be completed by Director: Final review of grant application materials prior to submittal will be done by: © Deputy Director ❑ Director Deputy Director Approval Director Approval ❑ Yes ❑ No Date & Initials: ❑ Yes ❑ No Date & Initials: Rev. 11/19/2018 Page 4 of 4 OT E S C0G Z o� Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meetina of June 3, 2020 DATE: May 27, 2020 FROM: Peter Russell, Community Development, 541-383-6718 TITLE OF AGENDA ITEM: Deliberations on amending Deschutes County Transportation System Plan to add roundabouts at US 20/Cook-O.B. Riley and US 20/Old Bend -Redmond Hwy intersections and amend Tables 5.331 and 5.332 (File 247-19-000894-PA) RECOMMENDATION & ACTION REQUESTED: Approve plan amendment as presented �0 C )) MWTY FVFLC PMEW MEMORANDUM DATE: May 26, 2020 TO: Board of County Commissioners FROM: Peter Russell, Senior Transportation Planner RE: Board June 3 deliberations on proposed amendment to the Deschutes County Transportation System Plan (TSP) to add roundabouts at U.S. 20/Cook-O.B. Riley and U.S. 20/Old Bend -Redmond Highway intersections; amend associated Tables 5.3.T1 and 5.3.T2; and amend text (File 247-19-000894-PA). The Board held a public hearing on May 13, 2020, on an application by the Oregon Department of Transportation (ODOT) to amend the Deschutes County TSP. The proposed plan amendment (File No. 247-19-000894-PA) would add roundabouts to the TSP map, revise the project list in the TSP, and update the TSP language regarding these two intersections. The Board hearing is footnoted below.' The Board closed the oral record at the end of the hearing, but left the written record open until 5 p.m. on May 20, and set June 3 for deliberations. I. PUBIC COMMENTS RECEIVED UP TO MAY 20 Staff received several written comments on May 13 and one on May 17, all of which were attached to staffs May 20 memo. (Staffs May 20 and the comments received are attached.) Staff summarized the comments and addressed the issues raised both at the hearing and in the comments. After sending the May 20 memo, staff received one last comment at 4:58 p.m., which is attached below as it met the 5 p.m. deadline. 11. NEXT STEPS The Board will deliberate on June 3, which may result in the following: 1 The Board hearing was conducted by Zoom and the TSP amendment is Item #9 https://deschutescountyor.igm2.com/Citizens/FileOpen.aspx?Type=1&ID=2246&InIine=True 117 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 • Continue the deliberations to a date certain • Approve the plan amendment as proposed • Approve the plan amendment with modifications • Deny the plan amendment Staff will also be attending remotely by Zoom from the CDD building. Staff will be available to answer any questions by Zoom. Attachments: Peter Russell memo, 5120120 Nunzie Gould e-mail, 5120120 Page 2 of 2 Ashley Williams From: Nunzie <nunzie@pacifier.com> Sent: Wednesday, May 20, 2020 4:58 PM To: Peter Russell; Board Subject: public comment US 201 Tumalo, TSP Plan Amendment. [EXTERNAL EMAIL] Written Comments re TSP change specific to US HWy 20/Tumalo 5/20/20. Board of Commissioners: Further to my participating in your Zoom public hearing last Wednesday, I am unclear whether ODOT's proposal for US Hwy 20/Tumalo is also to change the Tumalo Community Plan or just to change the County Transportation Plan re US 20/Tumalo. The proposal lacks specificity on what changes within the Tumalo Community Plan will result from the proposed double lane roundabout on US 20/Tumalo. Circulation using 5th street to access westbound on US 20 is critical as is circulation from US 20/Tumalo westbound turning onto 5th street for the Tumalo community to survive. If 5th street looses it's access because the proposed US 20/Tumalo roundabout shows nothing at 5th street (it's not on their map), then our entire Tumalo circulation will be altered and much more traffic will be forced to use Cook thru the proposed roundabout which will cause huge queuing on Cook. The bike/pedestrian under crossing should be included and part of the TSP proposal and it should be central to the community, not placed at 4th street and/or running behind the Tumalo Junction tavern. We want to welcome our Scenic Bikeway thru our front door of our community, past our bicycle mechanic station that is at the Bite... we want our visitors to enter our front door not thru the back door. Further children will not travel from their homes on the south side of US 20 uphill to 4th street for a longer route from home to school. We don't want to ask our kids to pass the back door of our Tumalo Tavern where folks smoke on their work breaks. I suggest the following 1. Bike Pedestrian undercrossing at 7th where there likely will be the piped canal for Laidlaw Irrigation (i.e. the pipe of the open ditch that traverses the tractor lot and then runs behind the mobile home park) This allows for most direct business connections (Tumalo Food Court, Tumalo Church, Tumalo Junction & Pisano's Pizza. 2. The ODOT powerpoint does not show 5th street in their map. 5th street needs to stay connected to US Hwy 20. 3. The dimension of the proposed 2 lane roundabout should be identified 4. The pedestrian crossing at the roundabout should be programmed at the onset to accommodate the "slip" lane that ODOT proposed at the hearing which takes westbound traffic from US 20 directly exiting to Cook (without navigating the roundabout)... Le if the slip lane is built, there must be a safe pedestrian crossing across this slip lane from the roundabout pedestrian crossings. S. As is know on for instance Colorado avenue in Bend which is 2 lanes, pedestrian crossings that are not perpendicular to the roadway are difficult for traveling motorists to see. The ODOT pdf shows skewed pedestrian crossing to mid lane pedestrian refuge islands. 6. ODOT must assure that the $240'000 funding from Eagle Crest Resort is collected. Our community has deferred long enough. Irregardless of whether the resort is a different owner, the land use approvals for the resorts expansion and their conditions of approval including the agreement with ODOT to fund part of the US 20 / Tumalo interchange should be perfected upon. Thank you for considering my views. Nunzie Gould 541-420-3325 T14IT, 15011-1101 fill Ti l DATE: May 20, 2020 TO: Board of County Commissioners FROM: Peter Russell, Senior Transportation Planner RE: Staff response to comments received on proposed amendment to the Deschutes County Transportation System Plan (TSP) to add roundabouts at U.S. 20/Cook-O.B. Riley and U.S. 20/Old Bend -Redmond Highway intersections; amend associated Tables 5.3.T1 and 5.3.T2; and amend text (File 247-19-000894-PA). The Board held a public hearing on May 13, 2020, on an application by the Oregon Department of Transportation (ODOT) to amend the Deschutes County Transportation System Plan (TSP). The proposed plan amendment (File No. 247-19-000894-PA) would add roundabouts to the TSP map, revise the project list in the TSP, and update the TSP language regarding these two intersections. The Board hearing is footnoted below.' The Board closed the oral record at the end of the hearing, but left the written record open until 5 p.m. on May 20, and set June 3 for deliberations. I. PUBLIC COMMENTS RECEIVED AT THE HEARING Due to the COVID-19 pandemic, the Board conducted the hearing remotely via Zoom. Five people orally testified with three in support and two opposed. Those in support cited the history of crashes at these locations, general safety concerns, and a favorable view of roundabouts. Those opposed cited a preference for the concept currently in the TSP (1-3, with Cook-O.B. Riley passing underneath U.S. 20); preference for a traffic light; concerns about a roundabout's adverse effects on traffic circulation in Tumalo; and whether a roundabout would be effective for 20 years. Staff also received written comments on the date of the hearing. These are attached. 'The Board hearing was conducted by Zoom and the TSP amendment is Item #9 https://deschutescountVor.igm2.com/Citizens/FileOpen.aspx?Tvpe=1&ID=2246&InIine=True 1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 �l (541) 388-6575 @ cdd@deschutes.org ® www.deschutes.org/cd il. PUBLIC COMMENT RECEIVED 5/14-5/20 Staff has received as of this writing one public comment since the 5/13 hearing, which is attached. The comment expressed concerns about the need for the U.S. 20/Cook-O.B. Riley roundabout, ODOT financial priorities, and effects on local circulation patterns in Tumalo. III. STAFF ADDRESSES ADVERSE PUBLIC COMMMENTS The following topics are not presented in any order of priority. Roundabout as preferred alternative ODOT, Deschutes County, and stakeholders selected the proposed two-lane roundabout as the long-term solution at both US 20/Cook-O.B. Riley and US 20/Old Bend -Redmond Highway. For the Tumalo roundabout, the group found a roundabout was more consistent with overall operational, livability, and bike/ped goals of the community. Concept 1-3 would physically divide Tumalo. A grade -separated roundabout would combine the worst of both worlds. Besides the diameter of the roundabout, an elevated roundabout and its ramps would result in a huge footprint due to the fill slopes. Staff notes it would be financially imprudent to use scarce public dollars to build a grade - separated roundabout, which would cost several magnitudes more, when the proposed design suffices. Finally, as ODOT states in its materials, the proposed design is adequate for 20 years. Circulation in Tumalo There are slight differences in local circulation between Concept 1-3 and the roundabout vs. current patterns. Under 1-3, 8`h Street no longer connects to Cook and instead becomes a cul-de-sac. The 71h/Cook intersection currently is a four -legged intersection that allows all moves. Under Concept I- 3, 7th/Cook becomes a right -in, right -out only (RIRO) intersection. The south end of Bruce Avenue now connects to 71h. Under 1-3, the south end of Bruce becomes a cul-de-sac. Strickler currently stops at Bailey. Under 1-3 an extension of Strickler Avenue connects Bailey and O.B. Riley roads. For the roundabout option, 8`h Street becomes a RIRO while 7th/Cook remains in its present configuration. The south end of Bruce remains connected to 7th as it is today. Wood Avenue provides the connection between Bailey and O.B. Riley instead of Strickler. Overall, the roundabout has far less disruption to the network of grid streets in Tumalo when compared to 1-3. Property access At the text amendment level, specific details such as where legal access will be provided to private lots are not shown. An ODOT project will look at access based on the state's requirements in Oregon Administrative Rule (OAR) Chapter 734, Division 51 and the standards from Deschutes County's code at DCC 17.48. Eagle Crest destination resort and funding of improving US 20/Cook-O.B. Riley intersection A text amendment is reviewed against applicable Statewide Planning Goals, the County Comprehensive Plan, and applicable state or local transportation plans. Funding requirements Page 2 of 3 from earlier land use decisions are not a review criteria. Nevertheless, staff notes when Eagle Crest was approved in the late 1990s, the County did not have a transportation system development charge (SDC). The County since 2008 has had a Countywide SDC and assesses the SDC amount based on the peak hour trips generated by the land use. As vacant lots have developed in Eagle Crest or rural home sites, those uses paid the County's SDC. The County has collected several hundred thousand dollars in SDCs since 2008. As rural lots in Eagle Crest and rural home sites, they will pay SDCs as well. Staff defers to ODOT regarding whether the agency has collected the $240,000 cited in the submitted Memorandum of Understanding #17,672 between ODOT and Eagle Crest dated 10/12/99. Staff does note that #9 in the MOU states the purpose "Is not intended to create a binding agreement for the design, construction, and finance of specific roadway improvements." Staff reads that as the funds are intended to be spent on improvements to the US 20/Cook-O.B. Riley intersection regardless of the type of improvement. In other words, if available, the $240,000 could be spent on the proposed roundabout. Need for U.S. 20/Cook-O.B. Riley and U.S. 20/01d Bend -Redmond Hwy roundabouts Staff and ODOT have both cited the operational and crash histories of these two intersections as to why improvements are needed. The public in testimony to both the Planning Commission and the Board has stated unease about using these intersections, particularly when trying to turn left or crossing. ODOT analysis and TSP language also indicate that traffic signals would not work in either location due to a combination of not meeting driver expectations, excessive queueing, and creation of high-speed rear -ending collisions or angle collisions, aka T-bonings. Finally, while no transportation improvement can eliminate 100 percent of all future crashes, roundabouts do lessen the frequency and severity of crashes. Attachments: C. William Boyd e-mail, 5113120 Todd Cook e-mail with attached letter, 5113120 Nunzie Gould e-mail with attachments 1-3 Concept Drawing and ODOT-Eagle Crest Memorandum of Understanding #17,672, 5113120 Tyler Neese e-mail with attached letter, 5113120 Joel and Julia Gisler e-mail, 5116120 Page 3 of 3 Peter Russell From: boyd clan <boydclan@bendbroadband.com> Sent: Wednesday, May 13, 2020 8:18 AM To: Peter Russell Subject: FW: Roundabout in Tumalo [EXTERNAL EMAIL] Sent from Mail for Windows 10 From: bond clan Sent: Wednesday, May 13, 2020 8:13 AM To: peterrussell c deschutes.org Subject: Roundabout in Tumalo Mr. Russell: I just heard about the meeting on the proposed roundabout in Tumalo. I wonder why these are not more clearly advertised in the paper. I would make two points: 1. When they slowed traffic on Highway 20 in Tumalo, it had the effect of creating convoys of cars and trucks as they slowed down. This makes it difficult to enter the highway from Tumalo, especially when parents are picking up children in the afternoon, or when people are going to and coming home from work. A roundabout may slow traffic even further making it more difficult for cars from Tumalo to access the "intersection." More study needs to be done on this possibility. 2. 1 believe one of the provisions for allowing Eagle Crest to expand was that they provide a fund for improvements to the Cook intersection. I t is my understanding that the Commissioners are not going to request that Eagle Crest(or Thornbourgh) contribute. Why?? My studies of the traffic generated by Eagle Crest a few years ago showed that they sent more cars to this intersection than the planners originally calculated. To allow Eagle Crest off the hook is unfair to taxpayers. Very truly yours, C. William Boyd 20160 Tumalo Rd. Bend, OR 97703 Sent from Mail for Windows 10 Peter Russell From: Todd Cook <roundtreelp@gmail.com> Sent: Wednesday, May 13, 2020 9:22 AM To: Peter Russell; skp75@yahoo.com; green@bljlawyers.com; niki@bljlawyers.com Subject: US 20/0.13. Riley -Cook Avenue Transportation System Plan Amendments Proposed Intersection Transportation Improvements Attachments: Letter to Deschutes County (01196386xB6300).PDF [EXTERNAL EMAIL] Mr. Russell, Attached please find correspondence of today's date concerning the above mentioned matter. We request that you keep the record open for a minimum period of ten days for additional submittals. Thank you. May 13, 2020 Via Email Only (Peter.Russell@a,deschutes.org) Peter Russell Senior Transportation Planner Deschutes County 1300 NW Wall Street Bend, Oregon 97701 Re: US 20/0.13. Riley -Cook Avenue Transportation System Plan Amendments Proposed Intersection Transportation Improvements Dear Mr. Russell: This letter is written in furtherance of my letter dated March 4, 2020. As you are aware, since October 1993 Roundtree Lodgepole Products, Inc. ("Corporation"), an Oregon corporation, has been operating its wood products business (the "Business") from certain real property located at 19845 71h Street, Bend, Oregon 97703 and 64625 Cook Avenue, Bend, Oregon 97703. Based upon what I have reviewed to date, there are better transportation system improvement options available to address current and future traffic conditions in the subject area, e.g., installation of traffic lights. The proposed roundabout concept is of particular concern. If constructed, the proposed roundabout will eliminate critical direct and convenient access to many commercial properties and businesses located in the subject area, including the Business's location. The Business's continued successes and viability is dependent on providing customers and vendors direct and convenient access. In particular, it is critical that semi -trucks (up to 80' in length) have navigable ingress and egress access to the property (i.e., access for entering and exiting the property on 71h Street and Cook Avenue). As I stated in my March 4 letter, the egress and ingress access provided through the highway system's configuration was critical to Corporation's decision to locate and operate the Business in the Tumalo area. Elimination of direct and convenient access to the property may force the Business's relocation (and other similarly situated businesses) to other areas. Semi -trucks and other trucks, vehicles, trailers, and equipment (including fork -lifts) must traverse the property when loading and unloading lumber products. Elimination of any portion of the property will, at a minimum, create significant safety hazards and will otherwise significantly impact the Business's continued viability. If the Business is impacted, among other things, jobs will be placed at risk. It is unacceptable to require stakeholders to review and speculate on non -engineered traffic solutions without a Firm understanding of" the probtem and the ability to see if the proposed concepts solve the present and future u•affic concerns in the subject area. Based upon the information presented at the February 28, 2020 public meeting, I ask that the proposed concepts be rejected, particularly those relating to (lie proposed roundabout concept. There are better solutions. Ultimately the solution pursued must be consistent with the highway network and sensitive to the local community and businesses. Please feel free to contact me if you have any questions. Thank you for your time and consideration. Respectfully sufanaattcd. Roun(ltrce,I-.od?000le Prodllt�t :lnc. round trccI )(ii,, ,maiI.coIn cc: Jeremy M. Green, Bryant, l.,ovlien & Jarvis, P.C. Peter Russell From: Nunzie <nunzie@pacifier.com> Sent: Wednesday, May 13, 2020 9:51 AM To: Board; Phil Henderson; Tony DeBone; Patti Adair Cc: Peter Russell; Connie Thomas Subject: Testimony for Agenda item 9 5/13/2020 US Hwy 20 / Tumalo Cook/OB Riley Attachments: 1-3.pdf; ATT00001.htm; Eagle Crest MOU 17672 (4).pdf, ATT00002.htm Importance: High [EXTERNAL EMAIL] These are novel times. But not so novel that transportation changes should short change a long term plan for our fast growing Deschutes County. The I-3 interchange current in our TSP allows for collecting $240'000 dollars that were a condition of approval for Eagle Crest's Expansion in Phase II. That's right, 21 years ago the Eagle Crest / ODOT MOu identified an interchange at US 20 / Tumalo and the funds have not to date been collected for the traffic impacts from this DR. 1. By removing the interchange from our county TSP, how will funds from the Eagle Crest/ODOT October 12, 1999 MOU be collected from Eagle Crest if there is no interchange? See CIA attached ($240'000 for Tumalo Interchange) US Hwy Tumalo has increasing truck traffic both because the US 20 freight way carries more trucks, because the growing industrial area which MDU owns (the publically traded company that owns Knife River and Casade Natural Gas), the new storage units and newly built industrial area south of Hwy 20 on OB Riley Road, , also increasingly there is increased draw to Tumalo State Park which already exceeds 300'000 visitors a year. I trust you know of ODOT's new standard which is all traffic needs to yield to trucks in a 2 lane roundabout.. 2. 2 lane roundabouts don't actually keep trucks in 1 lane. Because of this there will be accidents in the proposed roundabout especially as vechicles entering the roundabout from Cook may see an open lane but then it gets hogged by a thru vehicle westbound on Hwy 20. 3. The 1-3 TSP plan made local traffic changes on 8th and 7th street due to queueing. Nowhere in the current proposal is it identified what transportation changes will become of a design committee for this roundabout. Our Tumalo Community Plan should not just be at the tail of a planning tiger. Please identify the specific changes in circulation, access and traffic increases expected on our local County roads such as on 7th, Wharton and including on Bruce Street south of Hwy 20 which acts as a garage entrance to all the new homes just built in the last year. 4. In our recent past ODOT has not proved to have long term enough vision for traffic volumnes. Instead of choosing a roundabout today, we need a solution that will actually have capacity for the next 20 years of growing traffic. 5. For all Hwy 20 traffic to navigate the proposed roundabout, traffic will slow to 20 MPH thru the roundabout. This is an unnecessary movement for thru traffic on Hwy 20. It's pretty dumb to require all this thru traffic to navigate a roundabout. I have suggested that a different design be considered known as a grade separated traffic roundabout interchange. This would allow all thru traffic on Hwy 20 to continue at it's current 45 MPH speed and not have to navigate a roundabout. Then any exiting or entering traffic to Hwy 20 would use a 2 lane roundabout. Keeping the interchange will allow for growth in our community and will allow for ODOT to collect the $240'000 IOU from Eagle Crest that our community is due. Thank you for considering my views. Nunzie Gould 19845 JW Brown Bend, OR 97701 t .009 L OI7Y011 y\I' 's 1..tt rt F ? iw10w 65LS WoJ M im"•fla6aiR1'0'O'6a�ltl'0'OPo•p14 � au sorswio0ouia[0- t.. [ 7 %l083, oewnl 1 1 P 1ff f o of OL 03 eanow AmWIO �oIM'8 0®sewoe Y.M4 PeywlINY opellm to �� $ ti� � a owyoonr�wro-0,0 0,0 ozneaa POWFIDA n "It wpod"Wom—l—i- ouAfto yM4 Mai oo,� ' s a t waWOM �BYY so If �e uolPo+ M oa sn owi r 1Iry aas�,' A1s2i1+�� 7 y IFA k li �^ y 4�f •. t om tv, ig R'•i'tj � - gbV ) M� 7, 1r t di � } ,� '�"�! tea � •.'� Si [ t �^�V .�.�Y' � �� '� �0 t ¢ f � ''}7 s[al dol6 i 'yh' A s Y � iV � E•.r.:.�� viY�'�' 1' $ ..,' �` �'S� �e� �� """",." `F�% . � � �Y i�7 � �. 1 _. Vi 41 1t .. �1y ' • k'' 41 - •, oy SOX : W +' s'.f •and MOOD I A311H 's-o @ M ssouomaNn w2MIGNo'7 o-idwn.L @ ozsn October 12, 1999 Misc. Contracts & Agreements No. 4-7�,7321--- 1-� LP72- MEMORANDUM OF UNDERSTANDING Eagle Crest Cline Falls Highway IrEl This Memorandum of Understanding is made and entered into by and between the. STATE OF OREGON, by and through its Department of Transportation, hereinafter referred to as "ODO7 and EAGLE CREST INC., an Oregon corporation, acting by and through its senior officers, hereinafter referred to as "Eagle Crest". RECITALS 1. Whereas Eagle Crest filed a land use application (the "Application") with Deschutes County (the "County") on July 2, 1999 to expand its existing destination resort (comprised of two phases, commonly known as Eagle Crest I and Eagle Crest 11), to the west on four hundred eighty (480) acres of land adjacent to the existing resort. The proposed expansion ("Eagle Crest III") would include approximately nine hundred (!DOO) new dwelling units and would be connected to and managed in conjunction with the existing resort. The location of Eagle Crest I and Eagle Crest 11 and the proposed location of Eagle Crest III are shown on attached Exhibit A. 2, Whereas a portion of the Deschutes County Destination Resort Ordinance (the "DCDRO"), Chapter 18-113,070(G), requires developments that will signlficantiy affect a transportation facility to take steps to assure that such development "is consistent with the identified function, capacity and level of service of the facility". 3. Whereas in connection with its application and to help in the determination of its transportation obligations pursuant to the DCDRO, Eagle Crest has retained Kiftelson & Associates, Inc, ("Kittelson") to prepare a traffic analysis in connection with proposed Eagle Crest Ill. 4- Whereas the parties agree pursuant to the Transportation Impact Analysis report dnted June 1999 and prepared by Kittelson (the 'Traffic Analysis") that access to and from proposed Eagle Crest Ill should be through two (2) routes: (1) north through a new local road "the Now Road" connection to Oregon Highway 126 ("Route V) and (2) east through a local connection to and along the existing internal roadway network for Eagle Crest 11 which leads to two (2) intersections with Cline Falls Highway ("Route 2"). 5. Whereas some traffic from the, proposed Eagle Crest Ill would travel via Route 2 south on the Cline Falls Highway to connect to U.S, 20 at the intersection of those two roads in Turnalo, an intersection which has been identified by Deschutes County in its County Transportation System Plan (the "TSP") as the site of a future overpass interchange ("New Interchange") to better accommodate current and future traffic. 6. Whereas Eagle Crest and ODOT agree that the intersection of Cline Falls Highway at the junction with U.S. 20 is presently operating at LOS F. According to the Traffic Analysis, Eagle Crest III is expected to generate 3% of the overall traffic to this intersection and that is expected to generate approximately 12% of the critical turning movements at this intersection. 7, Whereas Eagle Crest is willing to contribute a portion of the cost of the New Interchange, Subject to the contingencies provided for herein, Eagle Crest has agreed to calculate its contribution at the amount identified by ODOT in Eagle Crest's pending land use application (12%) in order to fully resolve the contribution issue for the New Interchange and to obtain all necessary permits for access to Highway 126. a. Whereas Eagle Crest and ODOT have agreed to cooperate in the creation of access from proposed Eagle Crest III to Oregon Highway 126 (Route 1). 9, This Memorandum of Understanding is not intended to create a binding agreement for the design, construction and finance of specific roadway improvements. It is intended to memorialize the understanding and commitments of Eagle Crest and ODOT with respect to Eagle Crest's pending land use application, EAGLE CREST AND ODOT AGREE TO THE FOLLOWING-, The parties acknowledge that the United States Bureau of Land Management ("BLM") currently owns property situated between Oregon Highway 126 and the proposed site of Eagle Crest III (the "BLM A Property") as well as property situated between Eagle Crest 11 and the proposed site of Eagle Crest III (tile "BLM B Property"). The parties further acknowledge that Eagle Crest will attempt to obtain special LISO permits to allow Eagle Crest to build, maintain and use the New Road in substantially the same configuration as shown on attached Exhibit B and to allow Eagle Crest to build, maintain and use another local road (the "Internal Road") to connect Eagle Crest III to Eagle Crest 11 in substantially the same configuration as shown on attached Exhibit C. 2- ODOT hereby agrees to cooperate with and assist Eagle Crest in obtaining approvals and permits as necessary to obtain access over the BLM A Property and the BLM B Property• Such assistance shall include, without limitation, making a favorable recommendation to BLM regarding Eagle Crest's application for special use permits to build, maintain and use (1) the New Road across the BLM A Property substantially as shown on attached Exhibit B and (2) the Internal Road across the BLM B Property substantially as shown on attached Exhibit C. ODOT further agrees to assist Eagle Crest in obtaining all necessary access permits to allow connection of the New Road to Oregon Highway 126 substantially as configured on attached Exhibit B, 0. Ebgle Crest hereby agrees that in connection with its construction of the New Road from proposed Eagle Crest III to Oregon Highway 126, it will construct the following an Oregon Highway 126 (the "Highway 126 Improvements"): (1) a left -turn refuge lane✓ to accommodate westbound traffic making a left turn onto the New Road: and (2) a right -turn deceleration lane to accommodate eastbound traffic making a right turn onto the New Road, Eagle Crest agrees that both lanes shall be designed and constructed in substantial accordance with ODOT's design and construction criteria for such improvements. To discourage the rapid increase of traffic on the New Road, Eagle Crest will defer construction of the Highway 126 Improvements until such time as ODOT provides Eagle Crest with written notice that the Highway 126 Improvements are warranted. 4, Eagle Crest agrees that the Highway 126 connection will be restricted or closed at such time as the intersection meets signal warrants or other operational problems develop which cannot be mitigated to ODOT's satisfaction. Required modifications (e.g., restrictions to right-in/right out, raised median, etc.) or closure will be paid for by Eagle Crest, unless other development in the area is also generating traffic at the intersection, in which case Eagle Crest's share of funding the modifications will be proportional to their share of the critical traffic movements, The decision to restrict or close the access will be at ODOT's discretion, but will be closely coordinated with Eagle Crest to consider reasonable options. Signalizaticin will not be an acceptable solution, 5. Eagle Crest agrees, subject to the contingencies provided herein, to make a contribution in an amount of Two Hundred and Forty Thousand Dollars ($240,000) ("Interchange Contribution") which equals '12% of the total estimated construction cost of the New Interchange. Eagle Crest shall pay the Interchange Contribution at the time of commencement of construction on the New Interchange. 6. ODOT agrees to work with the County in obtaining the remaining funding for the construction costs of the New Interchange.. The parties acknowledge that changing circumstances may dictate that the County and ODOT change the current configuration of the New Interchange, In no event, however, shall the amount of the Interchange Contribution of Eagle Crest change, 7. The obligations of Eagle Crest contained herein are contingent upon the following: a) approval by the County of its application to permit the development of Eagle Crest III substantially as proposed in the Application; b) and approval by BLM of special use permits to allow the construction of the New Road and Internal Road substantially as shown on the attached maps; and c) the grant of all necessary access easements to permit the New Road to connect to OR Highway 126. TERMS AND CONDITIONS 1, This Memorandum of Understanding shall become effective upon signature by all parties, and shall remain in affect until a subsequent agreement Is entered into or. it is determined that construction of the New Interchange is not needed, 2. The ternis of this Memorandum of Understanding may be terminated by mutual consent of the parties or by written notice from any party to the other within thirty days. This Memorandum of Understanding may he amended at any time with the concurrence of all parties, provided amendments are executed in Writing and signed by all parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinafter written. Eagle Crest Inc. By T I e f f , Pe,, Date /0 By Title IV/ Oregon Dept. Of Transportation By Region 4 Maner Date B Region 4 Prgm & Planning Manager Date Date —1d('2- EXHIE31 T 'A' EAGLE CREST /, /1, AND ill SCALE: I " � 2500' EXHIBI T 'B' PROPOSED HIGHWAY 126 ALTERNATIVE FHOPOSECI R6AD AND U IIL 11- Y A CC ES ' LEULNE) PROPOSED RIGH T-- OF - WA Y r--Xl f/81 T 'C' ACCESS MAP TO LEGEND EAGLE CREST li s E: 1 400' EVSTING ROAD BED EXISTING ROAD BED P '"ROPOSED -7. 'k ROAD AND 17X11-- 0� Tjj%,C U TIL. I T.Y-. ROAD BEO� ACCESS v) EXISIING .x. ROAD SE0 Lj bi 5263crr.p2.,iwq C eEiG :i r COAR QUIR VOICE IN REAL ES€Alt May 13, 2020 Deschutes County Board of Commissioners 1300 NW Wall Street Bend, OR 97703 Re: Transportation System Plan Amendments Dear Chair and Commissioners, Central Ore on Association of REACTORS` &x kiItipi:: Cinit) g SEI'ViCe of Central Or 2112 NE Street, Bend t"Ir 9 /'01 Phone: 541 82.s02./ Fax: 541_385 3,02C _n-Iail: info@coar corn On behalf of the Central Oregon Association of REALTORSO (COAR) — representing nearly 1,800 real estate professionals in Deschutes County — thank you for the opportunity to comment on the County's proposed transportation system plan amendments to add roundabouts at the US 20/Cook-O.B. Riley and US 20/Old Bend -Redmond intersections. Roundabouts have proven to be an effective traffic management measure throughout the county in improving safety and reducing speeds, while also minimizing vehicle stops and delays. There have been known issues at the US 20/Cook-O.B. Riley and US 20/Old Bend -Redmond intersections and we support the addition of these roundabouts to improve safety and reduce choke points. Thank you for your service to Deschutes County, as well as your consideration of the local real estate community's input. Should you have any questions, please feel free to contact us at 541- 382-6027 or info@coar.com. Sincerely, Jack Zika 2020 President Central Oregon Association of REALTORS' & MLS of Central Oregon cc: Peter Russell, Senior Planner J¢` Jason Boone Chair, Government Affairs Committee Central Oregon Association of REALTORS" & MLS of Central Oregon Central Oregon Association of REACTORSI" 1 2112 NE 411' Street Bend OR, 97701. 1 Phone: -541.382.6027 2 N N V N � 0 N � � x 0 z r^ �j mO +�, O O O "'. O U j O of N L Q O) p } (, <m r fp ,. fB m t N c-I Op o O N D L= E 0 OO Q �m 0 0 -� Q a� a� Qi Q) m _� N _� C�nO. 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O s- H OL ,� CL (1) V -0 > au 00 O .L I I N L V a) 70 a) O b a) a)N WC)) W X U _ L L — Q O - 0 ■o- 0 0 U D i N C- S` -i— a) U "- 0 O �3 N .V) O U C30N N Q C) N cn Q U I Lr) i 00 1 00 r- 00 a ' qp W •N y � U v � m m F- c c c� 2 N a1 Q1 .E .E 00 cc (6 _(n O L- 4-0 c N a+ N av-+ O U ,E c •E O j N N r-I c-i c i Z CAF-- ry = W jQ° O cn cn O -0 N '0 • U t6 cu U- �' O m m o�a)�_ c ohm ca N Co-0 O O > Q 0 N E 0 0 a ° o a c N U) 0 W N (n N u) U w O 0 ON o "O . • D O D O 2 N C .y 0 i V 3 m a) N m LL ad L 0 A� W E E 0 V 0 ad 2 2 J Peter Russell From: Tom Anderson Sent: Sunday, May 17, 2020 8:45 AM To: Chris Doty; Peter Russell Subject: FW: 247-19-000894- PA From: joelgisler2@juno.com <joelgisler2@juno.com> Sent: Saturday, May 16, 2020 3:26 PM To: Board <board@deschutes.org> Subject: 247-19-000894-PA [EXTERNAL EMAIL] .... ............._.... Dear Commissioners My wife and I have owned 19889 8th St for approximately 30 years. this property is east of the proposed roundabout -interchange project. It consists of 14,000 sq ft of building on 5 acres of land. I question the need for spending in excess of $10,000,000.00 for an intersection that experienced on average 4 nonfatal accidents per year. There has to be a better use of ODOT and County money such as making badly needed repairs to existing roads and bridges. The condition of hwy 20 in front of the Riverhouse is an embarrassment. If the commission does decide to proceed with this project, please consider that the roundabout options will not prevent accidents. Cars will still need to yield the right-of-way. If the goal is to prevent accidents, an interchange is the only option. It is important that whichever option is chosen that 8th street remain connected. Making 8th street a cul- de-sac would cause an unnecessary detriment to my property for which I would not be compensated. Sincerely Joel Gisler Julia Gisler Top News - Sponsored By Newser • One State's Virus Tests Are No Good, Company Says • To the Man Who Gave Us 'Deep Belly Laughs,' Goodbye • Obama Makes Waves in His Speech to Black Colleges vT E S COG � Z o � Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of June 3, 2020 DATE: May 28, 2020 FROM: Tanya Saltzman, Community Development, TITLE OF AGENDA ITEM: Public Hearing: Child Care Text Amendments The Board of County Commissioners will hold a public hearing on June 3, 2020 concerning Ordinance No. 2020-010, legislative amendments to address the need for child care in rural Deschutes County, by changing the Deschutes County Code (DCC) to allow 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 also clarify several child care -related definitions to correspond with Oregon Revised Statutes. Vq0 MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Tanya Saltzman, AICP, Associate Planner DATE: May 28, 2020 SUBJECT: Public Hearing: Child Care Text Amendments 1. OVERVIEW COMWIUNfITY DEVELOPMENT The Board of County Commissioners (Board) will hold a public hearing on June 3, 2020 concerning Ordinance No. 2020-010, legislative amendments to address the need for child care in rural Deschutes County, by changing the Deschutes County Code (DCC) to allow 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 also clarify several child care -related definitions to correspond with Oregon Revised Statutes. Staff submitted a 35-day Post -Acknowledgement Plan Amendment (PAPA) notice to the Department of Land Conservation and Development (DLCD) on March 19, 2020. Staff held a work session with the Planning Commission on April 23, 2020' and a public hearing with the Planning Commission on May 14, 2020.2 A work session with the Board was held on June 1, 2020,3 at which time the complete record was provided electronically and via hard copy. A summary of the proposed amendments, as well as background information and an overview of the Planning Commission's decision was provided to the Board in the packet submitted for the June 1 work session. 1 https://deschutescountyor.igm2.com/Citizens/Detail Meeting.aspx?ID=2553 z https•//deschutescountyor.igm2.com/Citizens/Detail Meeting.aspx?0=2571 3 https://deschutescountvor.igm2.com/CitizensZDetail Meeting.aspx?0=2519 11. NEXT STEPS The Board will open the June 3 public hearing to receive public testimony. At the conclusion of the public hearing, the Commission can: • Continue the hearing to a date certain; • Close the oral record and leave the written record open to a date certain; • Close the oral record and the written record and set a date for deliberations; or • Close the hearing and begin deliberations. Attachments: 1. Draft Ordinance No. 2020-010 - Emergency 2. Draft Ordinance No. 2020-010 - Non -Emergency 3. Corresponding Exhibits to Ordinance No. 2020-010: Exhibit A - DCC Chapter 18.04, Title, Purpose, and Definitions Exhibit B - DCC Chapter 18.65, Rural Service Center Zone Exhibit C - DCC Chapter 18.66, Terrebonne Rural Community Zoning Districts Exhibit D - DCC Chapter 18.67, Tumalo Rural Community Zoning Districts Exhibit E - DCC Chapter 18.74, Rural Commercial Zone Exhibit F - DCC Chapter 18.116, Supplementary Provisions Exhibit G - DCC Chapter 18.128, Conditional Use Exhibit H - DCC Chapter 19.04, Title, Compliance, Applicability, and Definitions Exhibit I - DCC Chapter 19.20, Suburban Low Density Residential Zone Exhibit J - DCC Chapter 19.28, Urban Standard Residential Zone Exhibit K - DCC Chapter 19.64, Light Industrial Zone Exhibit L - Findings 4. Staff Presentation Page 2 of 2 REVIEWED LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 18, Deschutes County Zoning, and Title 19, Bend Urban Area Zoning, to permit child care uses as * ORDINANCE NO. 2020-010 a use permitted outright subject to site plan review and Declaring an Emergency. WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments (Planning Division File No. 247-120-000245-TA) to the Deschutes County Code (DCC) Title 18, Chapters 18.04, Title, Purpose, and Definitions; 18.65, Rural Service Center Zone; 18.66, Terrebonne Rural Community Zoning Districts; 18.67, Tumalo Rural Community Zoning Districts; 18.74, Rural Commercial Zone; 18.116, Supplementary Provisions; 18.128, Conditional Use; Title 19, Chapters 19.04, Title, Compliance, Applicability, and Definitions, 19.20, Suburban Low Density Residential Zone; 19.28, Urban Standard Residential Zone; and 19.64, Light Industrial Zone, to permit child care uses as a use permitted outright subject to site plan review in zones where child care uses were previously subject to a conditional use permit; and WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on May 14, 2020, and forwarded to the Deschutes County Board of County Commissioners ("Board"), a unanimous recommendation of approval; and WHEREAS, the Board considered this matter after a duly noticed public hearing on June 3, 2020 and concluded that the public will benefit from the proposed changes to the Deschutes County Code Titles 18, and 19; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 18.04. Title, Purpose, and Definitions, is amended to read as described in Exhibit "A", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in t+ike Section 2. AMENDMENT. DCC 18.65. Rural Service Center Zone, is amended to read as described in Exhibit "B", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in sfr-i _e PAGE 1 OF 3 - ORDINANCE NO.2020-010 Section 3. AMENDMENT. DCC 18.66. Terrebonne Rural Community Zoning Districts, is amended to read as described in Exhibit "C", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in Section 4. AMENDMENT. DCC 18.67. Tumalo Rural Community Zoning Districts, is amended to read as described in Exhibit "D", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strike ough. Section 5. AMENDMENT. DCC 18.74. Rural Commercial Zone, is amended to read as described in Exhibit "E", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in t+ike Section 6. AMENDMENT. DCC 18.116. Supplementary Provisions, is amended to read as described in Exhibit "F", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strike Section 7. AMENDMENT. DCC 18.128. Conditional Use, is amended to read as described in Exhibit "G", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in m+ik�h. Section 8. AMENDMENT. DCC 19.04. Title, Compliance, Applicability, and Definitions, is amended to read as described in Exhibit "H", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in str4kethr-ettgh.. Section 9. AMENDMENT. DCC 19.20. Suburban Low Density Residential Zone, is amended to read as described in Exhibit "I", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stFi'"�' Section 10. AMENDMENT. DCC 19.28. Urban Standard Residential Zone, is amended to read as described in Exhibit "J", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in Section 11. AMENDMENT. DCC 19.64. Light Industrial Zone, is amended to read as described in Exhibit "K", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in st+i ��r Section 12. FINDINGS. The Board adopts as its findings, Exhibit "L" attached and incorporated by reference herein. PAGE 2 OF 3 - ORDINANCE NO.2020-010 Section 13. EMERGENCY. This Ordinance being necessary to address a need for child care in Deschutes County and for the immediate preservation of the public peace, health, safety, and welfare, an emergency is declared to exist, and this Ordinance becomes effective immediately upon adoption. Dated this of , 2020 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PATTI ADAIR, Chair ANTHONY DEBONE, Vice Chair ATTEST: Recording Secretary PHILIP G. HENDERSON Date of 1" Reading: day of , 2020. Date of 2"d Reading: day of 12020. Record of Adoption Vote: Commissioner Yes No Abstained Excused Patti Adair Anthony DeBone Philip G. Henderson Effective date: day of 12020. PAGE 3 OF 3 - ORDINANCE NO.2020-010 REVIEWED LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 18, Deschutes County Zoning, and Title 19, Bend Urban Area Zoning, to permit child care uses as * ORDINANCE NO. 2020-010 a use permitted outright subject to site plan review. WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments (Planning Division File No. 247-120-000245-TA) to the Deschutes County Code (DCC) Title 18, Chapters 18.04, Title, Purpose, and Definitions; 18.65, Rural Service Center Zone; 18.66, Terreboime Rural Community Zoning Districts; 18.67, Tumalo Rural Community Zoning Districts; 18.74, Rural Commercial Zone; 18.116, Supplementary Provisions; 18.128, Conditional Use; Title 19, Chapters 19.04, Title, Compliance, Applicability, and Definitions; 19.20, Suburban Low Density Residential Zone; 19.28, Urban Standard Residential Zone; and 19.64, Light Industrial Zone, to permit child care uses as a use permitted outright subject to site plan review in zones where child care uses were previously subject to a conditional use permit; and WHEREAS, the Deschutes Comity Planning Commission reviewed the proposed changes on May 14, 2020, and forwarded to the Deschutes County Board of County Commissioners ("Board"), a unanimous recommendation of approval; and WHEREAS, the Board considered this matter after a duly noticed public hearing on June 3, 2020 and concluded that the public will benefit from the proposed changes to the Deschutes County Code Titles 18, and 19; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 18.04. Title, Purpose, and Definitions, is amended to read as described in Exhibit "A", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in st+ik�r Section 2. AMENDMENT. DCC 18.65. Rural Service Center Zone, is amended to read as described in Exhibit "B", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in st fik , PAGE 1 OF 3 - ORDINANCE NO.2020-010 Section 3. AMENDMENT. DCC 18.66. Terrebonne Rural Community Zoning Districts, is amended to read as described in Exhibit "C", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in tFikff- Section 4. AMENDMENT. DCC 18.67. Tumalo Rural Community Zoning Districts, is amended to read as described in Exhibit "D", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in m+ike Section 5. AMENDMENT. DCC 18.74. Rural Commercial Zone, is amended to read as described in Exhibit "E", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in st+ikethr-eugh. Section 6. AMENDMENT. DCC 18.116. Supplementary Provisions, is amended to read as described in Exhibit "F", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfi e Section 7. AMENDMENT. DCC 18.128. Conditional Use, is amended to read as described in Exhibit "G", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in st fi e Section 8. AMENDMENT. DCC 19.04. Title, Compliance, Applicability, and Definitions, is amended to read as described in Exhibit "H", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in st •' nattghr. Section 9. AMENDMENT. DCC 19.20. Suburban Low Density Residential Zone, is amended to read as described in Exhibit "I", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in . t+ilee Section 10. AMENDMENT. DCC 19.28. Urban Standard Residential Zone, is amended to read as described in Exhibit "J", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strike Section 11. AMENDMENT. DCC 19.64. Light Industrial Zone, is amended to read as described in Exhibit "K", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in str-ilcet4etigh. PAGE 2 OF 3 - ORDINANCE NO.2020-010 Section 12. FINDINGS. The Board adopts as its findings, Exhibit "L" attached and incorporated by reference herein. Dated this of , 2020 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PATTI ADAIR, Chair ANTHONY DEBONE, Vice Chair ATTEST: Recording Secretary PHILIP G. HENDERSON Date of I" Reading: day of 12020. Date of 2nd Reading: day of 2020. Record of Adoption Vote: Commissioner Yes No Abstained Excused Patti Adair Anthony DeBone Philip G. Henderson Effective date: day of , 2020. PAGE 3 OF 3 - ORDINANCE NO.2020-010 Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS 18.04.030. Definitions. "Child care center" see -child_care fficility." tlita€> €�L§alc§ err picks-;c it tt al-wira tr�st13a l 1ai 13F��-tiat "Child care fic ilitti;w.as used i imlgitle 1_S is -de lined its ORS 329A� "Family child care provider" means a child care provider who regularly provides child -,care in the lxonle_of ilie pro\ ider,to.iioi more thai) 16 c.liddten _nclticliiiL, cl-iddreii,ol the i) m idci. re ardl;ess old full-llu7c or_t)at1 t.iir§§,. staves, ,Nursery, day.. see chii;d.. care fac alit ed 1:1_v1�1 r} E t}33E 131tt i 1 1fi tif'}i i ai-1 ilt§ir1i E l,4rDci<x33� - arL t� tt-u, ji33a i 44frii is r3 §r4 5 § 4�rd, 4a- 137k -4fia f� si'tfDswE1-r3r-P,§-tl3iflf�i=r.rrli=-`�-is-j`✓Er:3-33��31�i'1��,i'r?av`ri1i�<'E�i:�-i'i�-f`r}-��,�'�� .f`r�r�3: 1=,- l 1 i 1 fitc:lai r� o3 �a� ir,Y <)l �r-�-1 • Etch k 1 11.E ,�1-=1 t 4U- : �2 Preschool" as_tisad i1i'l-de 1x i,sdcfriied_r.)i 016 329A as -7resc_liool recorded i)rr ni..._ (Ord_-1020-010_�120?0- Ord. 2019-016 §1, 2019; Ord. 2019-010 §1, 2019; Ord. 2018-005, §8 2018 repealed; Ord. 2018-006 §4, 2018; Ord. 2017-015 §1, 2017; Ord. 2016-026 §1, 2016; Ord. 2016-015 §1, 2016; Ord. 2016-006 §1, 2016; Ord. 2015-004 §1, 2015; Ord. 2014-009 §1, 2014; Ord. 2013-008 §1, 2013; Ord. 2012-007 §1, 2012; Ord. 2012-004 §1, 2012; Ord. 2011-009 §1, 2011; Ord. 2010-022 §1, 2010; Ord. 2010-018 3, 2010, Ord. 2008-007 §1, 2008; Ord. 2008-015 § 1, 2008; Ord. 2007-005 § 1, 2007; Ord. 2007- 020 § 1, 2007; Ord. 2007-019 § 1, 2007; Ord. 2006- 008 §1, 2006; Ord. 2005-041 §1, 2005; Ord. Chapter 18.04 35 ( 04/2015) 2004-024 §1, 2004; Ord. 2004-001 §1, 2004; Ord. 2003-028 §1, 2003; Ord. 2001-048 §1, 2001; Ord. 2001-044 §2, 2001; Ord. 2001-037 §1, 2001; Ord. 2001-033 §2, 2001; Ord. 97-078 §5, 1997; Ord. 97-017 §1, 1997; Ord. 97-003 §1, 1997; Ord. 96-082 §1, 1996; Ord. 96-003 §2, 1996; Ord. 95-077 §2, 1995; Ord. 95-075 §1, 1975; Ord. 95-007 §1, 1995; Ord. 95-001 § 1, 1995; Ord. 94-053 §1, 1994; Ord. 94-041 §§2 and 3, 1994; Ord. 94-038 §3, 1994; Ord. 94-008 §§ 1, 2, 3, 4, 5, 6, 7 and 8, 1994; Ord. 94-001 §§1, 2, and 3, 1994; Ord. 93-043 §§1, IA and 1B, 1993; Ord. 93- 038 §1, 1993; Ord. 93- 005 § § 1 and 2, 1993; Ord. 93-002 § § l , 2 and 3, 1993; Ord. 92-066 § 1, 1992; Ord. 92-065 § § 1 and 2, 1992; Ord. 92-034 §1, 1992; Ord. 92-025 §1, 1992; Ord. 92-004 1 and 2, 1992; Ord. 91- 038 §§3 and 4, 1991; Ord. 91-020 §1, 1991; Ord. 91-005 §1, 1991; Ord. 91-002 §11, 1991; Ord. 90-014 §2, 1990; Ord. 89-009 §2, 1989; Ord. 89-004 §1, 1989; Ord. 88- 050 §3, 1988; Ord. 88- 030 §3, 1988; Ord. 88-009 §1, 1988; Ord. 87-015 §1, 1987; Ord. 86-056 2, 1986; Ord. 86-054 §1, 1986; Ord. 86-032 §1, 1986; Ord. 86-018 §1, 1986; Ord. 85-002 §2, 1985; Ord. 84-023 § 1, 1984; Ord. 83-037 §2, 1983; Ord. 83-033 § 1, 1983; Ord. 82-013 § 1, 1982) Chapter 18.04 1 (6/2020) Chapter 18.65. RURAL SERVICE CENTER - UNINCORPORATED COMMUNITY ZONE 18.65.022. Residential District (Alfalfa). 18.65.022. Alfalfa RSC - Residential District A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright, subject to the applicable provisions of this chapter: 1. Agricultural uses, as defined in Title 18, subject to the restrictions in DCC 18.65.021(D), and excluding livestock feed lot or sales yard, and hog or mink farms. 2. Single-family dwelling, or a manufactured home subject to DCC 18.116.070. 3. Two-family dwelling or duplex. 4. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. 5. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. 6. Class III road or street project. 7. Type 1 Home Occupation, subject to DCC 18.116.280. B. Uses Pennitted Subject to Site Plan Review. The following uses and their accessory uses are permitted, subject to the applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, and DCC 18.124 Site Plan Review, of this title: 1. Park or playground. 2. Community building. .__Utility facility. �A _( Nile Care facflitN111d'orp c.sch�>c�l., C. Conditional Uses Permitted. The following uses and their accessory uses are permitted, subject to the applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, DCC 18.124, Site Plan Review, and DCC 18.128, Conditional Use, of this title: 1. Schools. 2. Medical clinic or veterinary clinic. 4,3. Church. _5 Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. :. Bed and breakfast inn. "I76. Public use. 1. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). D. Yard and Setback Requirements. 1. The front yard setback shall be a minimum of 20 feet from a property line fronting on a local street right of way and 50 feet from an arterial right of way. 2. The minimum side yard setback shall be 10 feet. 3. The minimum rear yard setback shall be 20 feet. E. Lot Requirements. 1. The minimum lot size is 5 acres. 2. The minimum average width of lots shall be 200 feet. 3. Each lot must be served by an on -site well. 4. On -site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the lot or parcel can meet DEQ on -site sewage disposal rules prior to final approval of a subdivision or partition. 5. Lot coverage for a dwelling and accessory buildings used primarily for residential purposes shall not exceed twenty-five (25) percent of the total lot area. Lot coverage for buildings used primarily for Chapter 18.65 1 (6/2020) EXHIBIT B TO ORDINANCE NO.2020-010 commercial purposes shall be determined by spatial requirements for sewage disposal, landscaping, parking, yard setbacks and any other elements under site plan review. F. Limitations on uses — RSC-Residential District. The following limitation shall apply to uses permitted in the RSC — Residential District: 1. Cows, horses, goats or sheep cannot be kept on lots having an area of less than 20,000 square feet. The total number of all such animals (other than their young under the age of six months) shall be limited to the square footage of the lot divided by 20,000 square feet, which is the minimum area per animal. 2. The number of chickens, fowl or rabbits over the age of six months shall not exceed one for each 500 square feet of land. 3. All livestock shall be located a minimum of 100 feet away from a residential building on an adjacent lot. -10fit):Ord. 2004-002 §12, 2004; Ord. 2002-028 §1, 2002, Ord. 2002-002 §2, 2002) Chapter 18.65 2 (6/2020) EXHIBIT B TO ORDINANCE NO.2020-010 Chapter 18.66. TERREBONNE RURAL COMMUNITY ZONING DISTRICTS 18.66.020. Residential (TeR) District. 18.66.030. Residential-5 (TeR5) Acre Minimum District. 18.66.040. Commercial (TeC) District. 18.66.020. Residential (TeR) District. The Terrebonne Residential District allows a mixture of housing types and densities suited to the level of available water and sewer facilities. The purpose of this district is to allow new residential development that is compatible with the rural character of the area. A. Permitted uses. The following uses and their accessory uses are permitted outright and do not require site plan review: 1. Single-family dwelling or a manufactured home subject to DCC 18.116.070. 2. Two-family dwelling. 3. Type 1 Home Occupation, subject to DCC 18.116.280. 4. Agricultural uses as defined in DCC 18.04, involving: a. Keeping of cows, horses, goats, sheep or similar farm animals, provided that the total number of such animals over the age of six months is limited to the square footage of the lot or parcel divided by 20,000 square feet. b. Keeping of chickens, fowl, rabbits or similar farm animals, provided that the total number of such animals over the age of six months does not exceed one for each 500 square feet of property. 5. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.66.070 and 18.116.230. 6. Class III road or street project. 7. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. tsc, Perj'nittcd Subic t to Site Pla)7 Re\le�N I'lie l0llowinuusV�, aitc( tlicii _tcccssor _Mes M,t DC1,111itted, tiubjc ct,.to_tllc _IppligNe pro6sions olthis c liapttcr t9C'( i `; Il (> �ti.}tt 1�i�7c:�;t,�� .,. iul DCC 18.12 3 Site Plan Re6c ,. of this titles (liild c:<tic I kill[ 4iiid'oi i)tesc_liooll.. C_ _,Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128: 1. Manufactured home park. 2. Multi -family dwelling complex. 3. Retirement center or nursing home. 4. Cluster development. 5. Church. 6. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. -9,7. Public or private school. 418. Park. -I 49. Public or semi-public building. 14-Q. Utility facility. 112-. Water supply or treatment facility. 1 �2. Veterinary clinic. 13. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). Chapter 18.66 1 (06/2020) EXHIBIT C TO ORDINANCE NO.2020-010 14. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. C. Lot Requirements. 1. Partitions: a. Subject to the provisions of DCC 17.36.170(A), parcels not served by an approved community, non -community or municipal water system and not served by a public sewer system, shall have a minimum width of 150 feet with a minunum parcel size of one acre. b. Subject to DCC 17.36.170 parcels served by an approved community, non -community, municipal or public water system, but not served by an approved public sewer system, shall have minimum parcel sizes as follows: i. For a single-family dwelling, a parcel shall have a minimum width of 100 feet and a minimum parcel size of 22,000 square feet. ii. For a two-family dwelling, a parcel shall have a minimum width of 100 feet and a minimum parcel size of 33,000 square feet. c. For parcels served by an approved community, municipal or public water and sewer system, the minimum parcel sizes shall be as follows: i. For a single-family dwelling, the parcel shall have a minimum width of 75 feet and a minimum parcel size of 7,500 square feet. ii. For a two-family dwelling, the parcel shall have a minimum width of 75 feet and a minimum parcel size of 10,000 square feet. 2. Subdivisions: a. For subdivisions involving multi -family dwellings, a manufactured home park, a retirement center or a nursing home, all new lots shall be connected to a DEQ permitted wastewater pollution control facility. b. For subdivisions involving only single-family and two family dwellings the standards set forth in DCC 18.66.020(C)(1) shall apply. D. Yard Standards. 1. Front Yard. The front yard shall be 20 feet for a property fronting on a local road right-of-way, 30 feet for a property fronting on a collector right-of-way and 80 feet for a property fronting on an arterial right-of-way. 2. Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards shall be a minimum of 15 feet, subject to DCC 18.66.020(D)(4). 3. Rear Yard. The minimum rear yard shall be 20 feet, subject to DCC 18.66.020(D)(4). 4. Exception to Yard Standards. Any new structure requiring a building permit on a lot or parcel contiguous to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. 5. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. (Lrd, 2t)?0 010 .§3, 2020; Ord. 2004-002 §13, 2004; Ord. 97-063 §3, 1997; Ord. 97-003 §2, 1997) 18.66.030. Residential-5 Acre Minimum (TeR5) District. The purpose of the Terrebonne Residential-5 Acre Minimum District is to retain large rural residential lots where conununity sewer and water are not available. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review: 1. Single-family dwelling or a manufactured home subject to DCC 18.116.070. 2. Two-family dwelling. 3. Type 1 Home Occupation, subject to DCC 18.116.280. Chapter 18.66 2 (06/2020) EXHIBIT C TO ORDINANCE NO.2020-010 4. Agricultural uses as defined in DCC 18.04, involving: a. Keeping of cows, horses, goats, sheep or similar farm animals, provided that the total number of such animals over the age of six months is limited to the square footage of the lot or parcel divided by 20,000 square feet. b. Keeping of chickens, fowl, rabbits or similar farm animals over the age of six months, provided that the total numbers of such animals does not exceed one for each 500 square feet of property. 5. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.66.070 and 18.116.230. 6. Class III road or street project. 7. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B C.,ses_l'ciiliited `libiect to Site Plaii Rcie\\ T1tc°_ic>11m ml uses atd dica_ Vic. ssar�_.J;tst-s areoci�initted, sut�j ct to tllc .lac6tl�lc is jis cif this cliamer, QCC 18. 116._ Pro\1.,,ioiis o)d QCC 18.1_2 l_Site_l'lait lZc\ icy\, olt)is title: 1... Clidd cite facility ui&or preschool. Conditional Uses. The following uses and their accessory uses are pennitted subject to the applicable provisions of DCC 18.116, 18.124 and 18.128: 1. Manufactured home park. 2. Multi -family dwelling complex. 3. Retirement center or nursing home. 4. Church. 5. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 6. Public or private school. -91. Park. `)8. Public or semi-public building. A-01). Utility facility. 1 t0. Water supply or treatment facility. 11. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 12. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. C. Lot Requirements. The minimum lot or parcel size in the TeR5 District is five acres regardless of the availability of approved community, non -community, municipal, or public water system and public sewer system. D. Yard Standards. 1. Front Yard. The front yard shall be 20 feet for a property fronting on a local road right-of-way, 30 feet for a property fronting on a collector right-of-way, and 80 feet for a property fronting on an arterial right-of-way. 2. Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards shall be a minimum of 15 feet, subject to DCC 18.66.030(D)(4). 3. Rear Yard. The minimum rear yard shall be 20 feet, subject to DCC 18.66.030(D)(4). 4. Exception to Yard Standards. Any new structure requiring a building permit on a lot or parcel adjacent to EFU-zoned land that is receiving special assessment for fare use shall be set back a minimum of 100 feet from the common property line. 5. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 of shall be met. (O.t_d 2020-010 , 202M-Ord. 2004-002 § 14, 2004; Ord. 97-063 § 3, 1997; Ord. 97-003 § 2, 1997) Chapter 18.66 3 (06/2020) EXHIBIT C TO ORDINANCE NO.2020-010 18.66.040. Commercial (TeC) District. The Terrebonne Commercial District is intended to allow a range of commercial and limited industrial uses to serve the community and surrounding rural area. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review: 1. Single-family dwelling or two-family on a lot or parcel existing on June 4, 1997. 2. Manufactured home on a lot or parcel existing on June 4, 1997, subject to DCC 18.116.070. 3. Type 1 Home Occupation, subject to DCC 18.116.280. 4. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.66.070 and 18.116.230. 5. Class III road or street project. 6. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116 and 18.124: 1. A building or buildings not exceeding 4,000 square feet of floor space to be used by any combination of the following uses: a. Retail or service business. b. Eating or drinking establishment. c. Offices. d. Veterinary clinic and kennel entirely within ail enclosed building. e. Residential use in the same building as a use permitted by DCC 18.66.040(B)(1). f. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at the same location. 2. Any of the uses allowed under DCC 18.66.040 proposing to occupy more than 4,000 square feet of floor area in a building or buildings, subject to provisions of DCC 18.66.040(E). 3. _C lidd care laa lity i-id «iprescchool, C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128: 1. Motel, with a maximum of 35 units, only if served by a community sewer system as defined in OAR 660-22-010(2). 2. Recreational vehicle park. 3. Church. 4. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 5. Public or private school. -7(�. Park. %. Public or semi-public building. . Medical center in a building or buildings not exceeding 4,000 square feet of floor space. 4-0-9.. Utility facility. 10r. Water supply or treatment facility. 1 .1; Vehicle and trailer sales, service, repair or rental in a building or buildings not exceeding 4,000 square feet of floor space. 12 ,. Uses listed below carried on in a building or buildings not exceeding 4,000 square feet of floor space with no exterior displays or storage of industrial equipment, industrial vehicles or industrial products: a. Manufacturing and production. b. Wholesale sales. c. Mini -storage. Chapter 18.66 4 (06/2020) EXHIBIT C TO ORDINANCE NO. 2020-010 13. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 1-�4. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. 145. Marijuana processing, subject to the provisions of DCC 18.116.330, 176. Marijuana retailing, subject to the provisions of DCC 18.116.330. D. Use Limitations. The following use limitations shall apply to the uses listed in DCC 18.66.040(B) and (C). 1. Sewer and Water Requirements. Applicant must obtain approval for an on -site sewage disposal system, or if applicable, obtain a Department of Environmental Quality (DEQ) Waste Water Pollution Control Facility (WPCF) permit before approval or as condition of approval of the land use permit. 2. The County shall notify the Terrebonne Domestic Water District of land use actions made under DCC 18.66. E. Requirements for Large Scale Uses. 1. All uses listed in DCC 18.66.040(B) and 18.66.040(C)(9) may have a total building floor area exceeding 4,000 square feet if the Planning Director or Hearings Body finds: a. The use is untended to serve the community and surrounding rural area or the travel needs of people passing through the area; b. The use will primarily employ a work force from the community and surrounding rural area; and c. It is not practical to locate the use in a building or buildings with floor area of 4,000 square feet or less. 2. For purposes of DCC 18.66.040, the surrounding rural area includes the area described by the Terrebonne zip code, which extends south to the boundary of the Redmond zip code, west to the boundary of the Sisters zip code, east into Crook County to the boundary of the Prineville zip code and north into Jefferson County to include Crooked River Ranch. F. Design Standards. Ground Floor Windows. The following criteria for ground floor windows apply to all new commercial buildings in the TeC District except those containing uses listed in DCC 18.66.040(C)(13). The provisions of DCC 18.124 also apply. 1. The window area shall equal at least 50 percent of the length and 25 percent of the height of the ground level wall area. Ground level wall area includes all exterior wall area up to nine feet above the finished grade. The window requirement applies to the ground level of exterior building walls that abut sidewalks or roads. 2. Required window areas shall be windows that allow views into either working areas, lobbies, pedestrian entrances or display windows. G. Lot Requirements. Minimum size requirements for this district will be determined by spatial requirements for on -site sewage disposal, required landscaped areas and off-street parking. No lot or parcel shall be created of less than a minimum of 10,000 square feet. H. Dimensional Standards. Lot Coverage. No lot coverage requirements, provided spatial requirements for parking, sewage disposal and landscaping are satisfied. I. Yard Standards. 1. Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by DCC 18.124.070(D)(3). The street setback for buildings may be reduced, but not increased, to the average building setback distance of existing buildings on adjoining lots. 2. Side Yard. No requirement, subject to DCC 18.66.040(I)(4). 3. Rear Yard. No specific requirements, subject to DCC 18.66.040(I)(4). 4. Exceptions to Yard Standards. Chapter 18.66 5 (06/2020) EXHIBIT C TO ORDINANCE NO.2020-010 a. Lot line adjacent to a residential district. Any new structure requiring a building permit sited on a lot adjacent to a residential district shall be set back a minimum of 15 feet from the common property line. The required yard shall be increased by one foot for each foot by which the building height exceeds 20 feet. _ b. Lot line adjacent to an EFU zone. Any new structure requiring a building permit on a lot or parcel adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. (� (1_2020-t)10 0, 2020� Ord. 2016-015 §5, 2016; Ord. 2015-004 §3, 2015; Ord. 2004-002 §15, 2004; Ord. 97-063 §3, 1997; Ord. 97-003 §2, 1997) Chapter 18.66 6 (06/2020) EXHIBIT C TO ORDINANCE NO. 2020-010 Chapter 18.67. TUMALO RURAL COMMUNITY ZONING DISTRICTS 18.67.020. Residential (TuR) District. 18.67.030. Residential-5 Acre Minimum (TuR5) District. 18.67.040. Commercial (TuC) District. 18.67.020. Residential (TuR) District. The Tumalo Residential (TuR) District allows a mixture of housing types and densities suited to the level of available water and sewer facilities. The purpose of this district is to allow new residential development that is compatible with the rural character of the area. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review. 1. Single-family dwelling, or a manufactured home subject to DCC 18.116.070. 2. Two-family dwelling. 3. Type 1 Home Occupation, subject to DCC 18.116.280. 4. Agricultural uses as defined in DCC Title 18, involving: a. Keeping of cows, horses, goats, sheep or similar farm animals, provided that the total number of such animals over the age of six months is limited to one for each 20,000 square feet. b. Keeping of chickens, fowl, rabbits or similar farm animals, provided that the total number of such animals over the age of six months does not exceed one for each 500 square feet of property. 5. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.67.080 and 18.116.230. 6. Class III road or street project. 7. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. C, Se�� Pciiiiitted SL1bJ Ct to ` itC l'lart Re\ ie\\ ]'lie lotto\\ij � uscs.._i)d thc)'z 3Gccd, oa. _uscs,>> ... :�n�rtte i, 5utlbj ct to t11c a Ij�, )1c o J-ioIISCi� t11i5 C)1,1pte QCC,. t 1 10 SLipoI en) iiuir IIroy' y*ons. aiid It(_ C 18:_124_S,ite Z'laii Re ie«.._oCthis t,itle:. —_ m_ .lam C I�rld��azc i ,wcil�t��nci �}��csschcrc�I. .C.--Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.67, 18.116, 18.124, and 18.128: 1. Multi -family dwelling complex. 2. Retirement center or nursing home. 3. Church. 4. Cemetery. 5. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. -76. Public or private school. -W1. 148'. Public or semi-public building. -1 1.2. Utility facility. 1-1-0. Water supply or treatment facility. 11. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 13). Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. C. Lot Requirements. 1. Partitions: Chapter 18.67 1 (06/2020) EXHIBIT D TO ORDINANCE NO. 2020-010 a. Subject to the provisions of DCC 17.36.170(A), parcels not served by an approved community, non -community or municipal water system shall have a minimum width of 150 feet with a minimum parcel size of one acre. b. Subject to DCC 17.36.170(A), parcels served by an approved conummity, non -community, municipal or public water system, shall have a minimum parcel size as follows: 1. For a single-family dwelling the parcel shall have a minimum width of 100 feet and a minimum parcel size of 22,000 square feet. 2. For a two-family dwelling the parcel shall have a minimum width of 100 feet and a minimum parcel size of 33,000 square feet. 2. Subdivisions: a. For subdivisions involving multi -family dwellings, a manufactured home park or a retirement home, all new lots shall be connected to a DEQ-permitted Wastewater Pollution Control Facility. b. For subdivisions involving only single-family and two-family dwellings the standards set forth in DCC 18.67.020(C)(1) shall apply. D. Yard Standards. I . Front Yard. The front yard shall be 20 feet for a property fronting on a local street right-of-way, 30 feet for a property fronting on a collector right-of-way and 80 feet for a property fronting on an arterial right-of-way. 2. Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards shall be a minimum of 15 feet, subject to DCC 18.67.020(D)(4). 3. Rear Yard. The minimum rear yard shall be 20 feet, subject to DCC 18.67.020(D)(4). 4. Exception to Yard Standards. Any new structure requiring a building pen -nit on a lot or parcel contiguous to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the cormnon property line. (Ord. 1-020-010 ,], 2020, Ord. 2004-002 §17, 2004; Ord. 2001-039 §8, 2001; Ord. 2001-016 §2, 2001; Ord. 97-063 §3, 1997; Ord. 97-033 §2, 1997) 18.67.030. Residential-5 Acre Minimum (TuRS) District. The purpose of the Tumalo Residential-5 Acre Minimum District is to retain large rural residential lots. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review. 1. Single-family dwelling or a manufactured home subject to DCC 18.116.070. 2. Type I Home Occupation, subject to DCC 18.116.280. 3. Agricultural uses as defined in DCC 18.04, involving: a. Keeping of cows, horses, goats, sheep or similar fans animals, provided that the total numbers of such animals over the age of six months is limited to the square footage of the lot or parcel divided by 20,000 square feet. b. Keeping of chickens, fowl, rabbits or similar farm animals over the age of six months, provided that the total numbers of such animals does not exceed one for each 500 square feet of property. 4. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.67.080 and 18.116.230. 5. Class III road or street project. 6. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. 1Lses_ 1'c riAtted subject to Site Plai7 1�c_ie\\� The follc��ilw us s_'1»�l_their accessc�ry uses_ areI)t3tnitted. subiw,to t17c au,At2(�ibftJLr_().Ni<;iolrs_0a_this c.11',} e _I)(,C.18 1..10... Sutvleincntr\ Prot isioiis_, alld DCC 1 124 Site flan l+evic-vn,, of this title: 1____(._11z1d c. ti- ficility ari(i/oit)i-°school, C.Conditional Uses. The following uses and their accessory uses are pennitted subject to the applicable provisions of DCC 18.116, 18.124, and 18.128: 1. Church. Chapter 18.67 2 (06/2020) EXHIBIT D TO ORDINANCE NO. 2020-010 2. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 3. Public or private school. 4. _�4. Park. 4�w. Public or semi-public building. �76. Utility facility. 1. Water supply or treatment facility. 8. Wireless teleconnnunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 940. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. C. Lot Requirements. The minimum lot or parcel size in the TuR5 District is five acres. D. Yard Standards. 1. Front Yard. The front yard shall be 20 feet for a property fronting on a local street right-of-way, 30 feet for a property fronting on a collector right-of-way, and 80 feet for a property fronting on an arterial right-of-way. 2. Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards shall be a minimum of 15 feet, subject to DCC 18.67.030(D)(4). 3. Rear Yard. The minimum rear yard shall be 20 feet, subject to DCC 18.67.030(D)(4). 4. Exception to Yard Standards. Any new structure requiring a building permit on a lot adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. 01-d. 2020-010 0, 0')Q0 Ord. 2004-002 § 18, 2004; Ord. 2001-039 8, 2001; Ord. 2001-016 2, 2001; Ord. 2000-033 §11, 2000; Ord. 97-063 §3, 1997; Ord. 97-033 §2, 1997) 18.67.040. Commercial (TuC) District. The Tumalo Commercial District is untended to allow a range of limited commercial and industrial uses to serve the community and surrounding area. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review. 1. Single-family dwelling or duplex. 2. Manufactured home subject to DCC 18.116.070. 3. Type 1 Home Occupation, subject to DCC 18.116.280. 4. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.67.060 and 18.116.230. 5. Class III road or street project. 6. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted, Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.67, 18.116 and 18.124: 1. A building or buildings, none of which exceeds 4,000 square feet of floor space to be used by any combination of the following uses: a. Retail or service business. b. Eating and/or drinking establishment. c. Offices. d. Residential use in the same building as a use permitted in DCC 18.67.040. e. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at the same location. 2. Any of the uses listed under DCC 18.67.040 proposing to occupy more than 4,000 square feet of floor area in a building subject to the provisions of DCC 18.67.040(E). Chapter 18.67 3 (06/2020) EXHIBIT D TO ORDINANCE NO. 2020-010 3. Child care facility aiid/or preschool. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.116, 18.124, and 18.128: 1. Church. 2. Bed and breakfast imn. 4. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 5. Park. 6. Public or semi-public building. 7. Utility facility. 8. Water supply or treatment facility. 9. Manufactured home/RV park on a parcel in use as a manufactured home park or recreational vehicle park prior to the adoption of PL-15 in 1979 and being operated as of June 12, 1996 as a manufactured home park or recreational vehicle park, including any expansion of such uses on the same parcel as configured on June 12, 1996. 10. The following uses and their accessory uses may be conducted in a building or buildings not to exceed 4,000 square feet of floor space. a. Farm equipment, sales, service or repair. b. Trailer sales, service or repair. c. Vehicle service or repair. d. Veterinary clinic. 11. The following uses may be conducted in a building or buildings not to exceed 10,000 square feet of floor space: a. Manufacturing or production. b. Wholesale sales. c. Marijuana processing, subject to the provisions of DCC 18.116.330. d. Marijuana retailing, subject to the provisions of DCC 18.116.330. 12. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 13. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. D. Use Limitations. The following use limitations shall apply to the uses listed in DCC 18.67.040(C)(11). 1. Compatibility. a. Any use expected to generate more than 50 truck -trailer and/or heavy equipment trips per day to and from the subject property shall not be permitted to locate on a lot or parcel adjacent to or across a local or collector street from a lot or parcel in a residential district. 2. Traffic and Parking. a. A use that generates more than 20 auto or truck trips during the peak hour of the day to and from the premises shall document with facts that the affected transportation facilities are adequate to serve the proposed use, considering the functional classification, capacity and level of service of the affected transportation facility. b. All parking demand generated by uses pennitted by DCC 18.67 shall be accommodated entirely on the premises. E. Requirements for Large Scale Uses. 1. All uses listed in DCC 18.67.040(B) may have a total floor area exceeding 4,000 square feet but not greater than 10,000 square feet if the Planning Director or Hearings Body finds: a. The use is intended to serve the community and surrounding rural area or the traveling needs of people passing through the area; b. The use will primarily employ a work force from the community and surrounding rural area; and c. It is not practical to contain the proposed use within 4,000 square feet of the floor area. 2. This provision does not apply to uses listed in DCC 18.67.040(C)(10). Chapter 18.67 4 (06/2020) EXHIBIT D TO ORDINANCE NO. 2020-010 3. For the purposes of DCC 18.67.040, the surrounding rural area is described as the following: extending north to the Township boundary between Townships 15 and 16; extending west to the boundary of the public lands managed by the U.S. Forest Service in T16S-RI1E; extending south to the south section lines of T17S-R12E sections 4,5,6 and T17S-R11E sections 1,2,3; and extending east to Highway 97. F. Design Standards. Ground Floor Windows. The following criteria for ground floor windows apply to new buildings in the TuC district except those uses listed in DCC 18.67.040(C)(10) and any residential use. The provisions of DCC 18.124 also apply. 1. The windows must be at least 50 percent of the length of the ground level wall area and 25 percent of height of the ground level wall area. Ground level wall area includes all exterior wall area up to nine feet above the finished grade. The window requirement applies to the ground level of exterior building walls which abut sidewalks or streets. 2. Required window areas shall be either windows that allow views into working areas, lobbies, pedestrian entrances or display windows. G. Lot Requirements. No lot shall be created having less than a minimum of 10,000 square feet. Lot requirements for this district shall be determined by spatial requirements for sewage disposal, required landscaped areas and off-street parking. H. Dimensional Standards. 1. Lot Coverage: No lot coverage requirements, provided spatial requirements for parking, sewage disposal and landscaping are satisfied. 2. No use listed in DCC 18.67.040(C)(10) that is located adjacent to or across a local or collector from a lot or parcel in a residential district shall exceed 70 percent lot coverage by all buildings, outside storage, or off-street parking and loading areas. I. Yard Standards. 1. Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by DCC 18.124.070 (D)(3). The street setback for buildings may be reduced, but not increased, to the average building setback distance of existing buildings on adjoining lots. 2. Side Yard. No requirement, subject to DCC 18.67.040(I)(4). 3. Rear Yard. No specific requirement, subject to DCC 18.67.040 (I)(4). 4. Exceptions to Yard Standards. a. Lot line adjacent to a residential zone. For all new structures or substantial alteration of a structure requiring a building permit on a lot adjacent to a residential district, the setback shall be a minimum of 15 feet. The required yard will be increased by one foot for each foot by which the building height exceeds 20 feet. b. Lot line adjacent to an EFU zone. Any structure requiring a building permit on a lot adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. (Or_cI,_20-?0--OI0_�4. 7t_20:_Ord. 2016-015 §6, 2016; Ord. 2015-004 §5, 2015; Ord. 2004-013 §7, 2004; Ord. 2004-002 §19, 2004; Ord. 2001-039 §8, 2001; Ord. 2001-016 §2, 2001; Ord. 2000-033 §11, 2000; Ord. 97-063 §3, 1997; Ord. 97-033 §2, 1997) Chapter 18.67 5 (06/2020) EXHIBIT D TO ORDINANCE NO. 2020-010 Chapter 18.74. RURAL COMMERCIAL ZONE 18.74.020. Uses Permitted — Deschutes Junction and Deschutes River Woods Store. 18.74.027. Uses Permitted — Pine Forest and Rosland. 18.74.020. Uses Permitted — Deschutes Junction and Deschutes River Woods Store. 44- .Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116 and 18.128: 1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any combination of the following uses. a. Restaurant, cafe or delicatessen. b. Grocery store. c. Tavern. d. Retail sporting goods and guide services. e. Barber and beauty shop. f. General store. g. Video store. h. Antique, art, craft, novelty and second hand sales if conducted completely within an enclosed building. 2. Expansion of a nonconforming use listed under section B(l)(a-h), existing as of 11/05/2002, the date this chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size of the building as of said date, whichever is greater. 3. A building or buildings not exceeding 3,500 square feet of floor space to be used by any combination of the following uses. a. Retail sales of agricultural or farm products. b. Fann machinery sales and repair. c. Kennel. d. Veterinary clinic. e. Automobile service station and repair garage, towing service, fuel storage and sales. f. Public or semi-public use. g. Residential use in the same building as a use permitted by this chapter. h. Park or playground. 4. Expansion of a nonconfonming use listed under section 13(3)(a-h), existing as of 11/05/2002, the date this chapter was adopted, shall be limited to 3,500 square feet or 25 percent of the size of the building as of said date, whichever is greater. Q. s sPcamuted SuNect to Site I?I_an R � ic.;\\ The Ic,llo\\ iiw uses �and_th rj_accessory u „d, sul�jcci to th 7t?Ii�al7lej�rc��isic�irs c�I thi c.haj)MwDCC18 I I!, `�u� lc,m(IJW V_I'roVySNIS. and I)C.0 i h_._I24, Site PlinRc jew, ofthis tulc _ 1. Child care facility ii&octpreschool_ C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116, 18.124 and 18.128: 1. A building or buildings not exceeding 3,500 square feet of floor space to be used by any combination of the following uses. a. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. b. Utility facility. c. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). -ecl. Church. Chapter 18.74 EXHIBIT E TO ORDINANCE NO. 2020-010 -fe. School. 2. Recreational vehicle park 3. Mini -storage facilities limited to 35,000 square feet in size. 4. Marijuana retailing, subject to the provisions of DCC 18.116.330. (Ord. 202_0-010,�5_ 2020: Ord. 2016-015 §7, 2016; Ord. 2015-004 §7, 2015; Ord. 2008-008 §1, 2008; Ord. 2004-002 §20, 2004; Ord. 2002-019 §2, 2002) 18.74.027. Uses Permitted — Pine Forest and Rosland. A. Uses Permitted Outright. Any use listed as a use permitted outright by DCC 18.74.020(A). B. Uses Permitted subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116 and 18.124: 1. A building or buildings each not exceeding 2,500 square feet of floor space to be used by any combination of the following uses that serve the surrounding rural area or the travel needs of persons passing through the area: a. Eating and drinking establishments. b. Retail store, office and service establishments. c. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at the same location. 2. Expansion of a nonconforming use existing as of 11/05/2002 shall be limited to 2,500 square feet or 25 percent of the size of the building (or portion of the building) housing the nonconforming use as of said date, whichever is greater. 3. A building or buildings each not exceeding 3,500 square feet of floor space to be used by any combination of the following uses: a. Sales of agricultural or farm products. b. Farm machinery sales and repair. c. Kennel or veterinary clinic. d. Automobile service station, repair garage, towing service, fuel storage and fuel sales. e. Public or semi-public use. f. Residential use in the same building as a use permitted in this chapter. g. Park or playground. 4. Expansion of a nonconforming use existing as of 11/05/2002 shall be limited to 3,500 square feet each or 25 percent of the size of the building (or portion of the building) housing the nonconforming use as of said date, whichever is greater. cajc f 6latl Mrc1.'OY D Csc:llool. C. Conditional Uses. The following uses and their accessory uses are penmitted subject to the applicable provisions of this chapter and DCC 18.116, 18.124 and 18.128: 1. A building or buildings each not exceeding 3,500 square feet of floor space to be used by any of the following uses: a. Home occupation as defined in DCC 18.04. b. Utility facility. c. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). ed.. Church. ��. School. f. Marijuana retailing, subject to the provisions of DCC 18.116.330. 2. Recreational vehicle park. 3. Mini -storage facilities limited to 35,000 square feet in size. (Of(_202 )_010� 2O�Ord. 2016-015 §7, 2016; Ord. 2015-004 §7, 2015, Ord. 2008-008 §1, 2008; Ord. 2007-007 §1, 2007; Ord. 2003-080, §1, 2003) Chapter 18.74 EXHIBIT E TO ORDINANCE NO. 2020-010 Chapter 18.116. SUPPLEMENTARY PROVISIONS 18.116.215. Family Child_ e_Ca �e Provider. 18.116.360. Nursery Schools. 18.116.215. Family Child c-al.T Care Provider. A. A family child-care provider's home shall be considered a residential use of property, permitted in all areas zoned for residential and commercial purposes, including areas 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. 010 . ?020;_Ord. 97-003 §3, 1997) 18.116.360, NgrserN Schools', A_.._��?s rl�octls sh]110 rd ol otitcic�c3 t 1_ystr<Zt�rclli]cl_ A sltdit•-obxc:uriF1_>_Icncc at lc�tst.rEtu_lcct_lxui I)ot 17)oac _than six [cet lii< 1i s1131l wpa atc the phy trea froiii dioijiiiw lots.. 13. '` ti s:c'r� scliools in the `f ildli(e Fite,,t (Io nbiiili <>_I<rne ,Itc stibi ci to ilio r)r(}\isloils of QC;C_ (Urci_?0.?0_-010_L6, 202)01 Chapter 18.116 (06/2020) EXHIBIT F to ORDINANCE NO. 2020-010 Chapter 18.128. CONDITIONAL USE 18.128.190. Schools. 18.128.190. Schools. -'aN l say iEi��s� t i r� 7tt lti �3}ra%�:.C�rttic�s a s 3t: 4.4A,.Secondary schools shall provide a site area of 10 acres plus one additional acre for each 100 pupils of predicted ultimate enrollment. �'B.Notwithstanding DCC 18.128.190(44A.), private academic secondary schools with an enrollment of fewer than 50 students shall provide a minimum site area of one acre for every 10 students of predicted ultimate enrollment, with a minimum site area of not less than two acres. P.C'.Schools in the Wildlife Area Combining Zone are subject to the provisions of DCC 18.88. �U?O7Q.�{l1t)7,_02t) Ord. 98-013 §4, 1998; Ord. 97-022 §1, 1997; Ord. 95-075 §1, 1995; Ord. 91-020 §1, 1991) Chapter 18.128 (06/2020) EXHIBIT G TO ORDINANCE NO. 2020-010 Chapter 19.04. TITLE, COMPLIANCE, APPLICABILITY, AND DEFINITIONS 19.04.040. Definitions. "Cllnilci cal-cal-e Tacihtv Zs used inI 1tl_e 19 is defined in Olti.` 329A. "Day care center or facility" `Tam,11V child care provider- meam a child care provider vdio rc�r darll I,roviides Child Care bra the_110me of (let to )-loot more than _1_0 children- .includm-, cliddroi of tic providg. regardless o1 lull -time 01, mrt- 0111C St itUS. ,T),csCIlool r_ts_used in fide is dclined 1n_ORS 3219A as ` pre c_hool 1c;;co rdc�d prc��rnril (Ord ?U20�OiC,i_ 2Q?Oa_Ord. 2017-009 §7, 2017; Ord. 2016-016 §1, 2016; Ord. 2014-016 §1, 2014; Ord. 2013-013 §1; Ord. 99-001 §§2-4, 1999; Ord. 97-038 §1, 1997; Ord. 97-017 §1, 1996; Ord. 96-071 §1D, 1996; Ord. 95-045 § 15, 1995; Ord. 94 027 § § 1 & 2, 1994; Ord. 92-043 § 1, 1992; Ord. 91 029 §§ 1, 8, 9 and 10, 1991; Ord. 91-001 §1, 1991; Ord. 90-038 §1, 1990; Ord. 90-007 §1, 1990; Ord. 88-042 §3, 1988; Ord. 86-058 §1, 1986, Ord. 86-055 §1, 1986, Ord. 86-033 §1, 1983; Ord. 86-032 §1, 1986; Ord. 86-017 §1 Exhibit a, 1986; Ord. 830945 §1, 1983; Ord. 83-041 §2, 1983; Ord. 80-217 §1 Exhibit A, 1980) Chapter 19.04 1 (06/2020) EXHIBIT H TO ORDINANCE NO. 2020-010 Chapter 19.20. SUBURBAN LOW DENSITY RESIDENTIAL ZONE - SR 2 1/2 19.20.020. Permitted Uses. 19.20.030. Conditional Uses. 19.20.020. Permitted Uses. The following uses are permitted: A. Single-family dwelling. B. Agriculture, excluding the keeping of livestock. C. Home occupations subject to DCC 19.88,140. D. Other accessory uses and accessory buildings and structures customarily appurtenant to a permitted use subject to DCC 1992.020. E. Accessory Dwelling Units, subject to DCC 19.92.150. 1mmOiild are Ilic;ilitvai) oz i) esc_hool._ (()W, U>t) 01.0_ti�) 7)O-) i._Ord. 2019-009 §5, 2019; Ord. 93-018-1 §3, 1993; Ord. 91-001 §4, 1991, Ord. 88-042 §6, 1988) 19.20.030. Conditional Uses. The following conditional uses may be permitted subject to a conditional use permit as provided in DCC 19.76 and 19.100: A. Churches subject to DCC 19.88.040. B. Cemeteries and mausoleums, crematories, columbariums and mortuaries within cemeteries provided that no mortuary or crematorium is within 100 feet of a boundary street, or where no street borders the cemetery, within 200 feet of a lot in a residential district and subject to DCC 19.88.030. C. Community buildings, lodge and fraternal organizations, except those carried on as a business for profit, and subject to DCC 19.88.050. D. Public, parochial and private schools, kindergartens�ri-ct-(ip�I n�hiefl�; but not including business, dancing, trade, technical or similar schools subject to DCC 19.88.160, E. Parks and recreation facilities, fire stations, libraries, museums; but not including storage or repair yards, warehouses or similar uses. F. Recreation facilities, public or private; but not including such intensive commercial recreation uses as a racetrack or amusement park. G. Utility substations or pumping stations with no equipment storage and sewage treatment facilities subject to DCC 19,88.120. H. Keeping of livestock subject to DCC 19.88.070. I. Kemiel or commercial riding stable subject to DCC 19,88.020. J. Planned unit development subject to the provisions of DCC 19,104. K. Plant nurseries subject to DCC 19.88.180. L. Hydroelectric facility subject to DCC 19.88 and 19.100. M. Time share unit subject to DCC 19.88.230. ?0- Ord. 91-001 §5, 1991, Ord. 88-042 §7, 1988; Ord. 86-017 §5, 1986; Ord. 83-045 §3, 1983; Ord. 81-006 §2, 1981) Chapter 19.20 1 (06/2020) EXHIBIT I TO ORDINANCE NO. 2020-010 Chapter 19.28. URBAN STANDARD RESIDENTIAL ZONE - RS 19.28.020. Permitted Uses. 19.28.030. Conditional Uses. 19.28.010. Purpose. The RS Zone is intended to provide for the most common urban residential densities in places where community sewer services are or will be available and to encourage, accommodate, maintain and protect a suitable environment for family living. (Ord. 90-038 §1, 1990) 19.28.020. Permitted Uses. The following uses are permitted: A. Single-family dwelling. B. Agriculture, excluding the keeping of livestock. C. Rooming and boarding of not more than two persons. D. Home occupation subject to the provisions of DCC 19.88.140. E. Other accessory uses and buildings and structures customarily appurtenant to a permitted use subject to DCC 19.92.020, F. ChW cal,rc Ia i.li.ty.md'or preschool. ((hcj, ?Q?tt_010_� to, 2020;_Ord. 90-038 §1, 1990) 19.28.030. Conditional Uses. The following uses may be permitted subject to a conditional use permit and the provisions of DCC 19.76 and 19.100: A. Manufactured home subdivision subject to standards of DCC 19.88.280. B. Churches subject to DCC 19.88.040. C. Cemeteries and mausoleums, crematories, columbariums and mortuaries within cemeteries provided that no mortuary or crematorium is within 100 feet of a boundary street, or where no street borders the cemetery, within 200 feet of a lot in a residential district and subject to DCC 19.88.030. D. Public, parochial and private schools, including �� -1 kindergartens cam- c'-sue; excluding business, dancing, trade, technical or similar schools subject to DCC 19.88.160. E. Parks and recreation facilities, fire stations, libraries, museums; but not including storage or repair yards, warehouses or similar uses. F. Recreation facilities, including country clubs, golf courses, swimming clubs, tennis clubs; but not including such intensive commercial recreation uses as a racetrack or amusement park. G. Utility substations or pumping stations with no equipment storage or sewage treatment facilities. H. Planned unit developments subject to provisions of DCC 19.104. I. Temporary subdivision tract offices. J. Rear lot development subject to site plan approval as provided in DCC 19.76 and DCC 19.88.130. K. Community buildings, lodge and fraternal organizations, except those carried on as a business for profit and subject to DCC 19,88.050. L. Duplex in areas designated RS provided that each lot occupied by a duplex shall have a minimum area of 12,000 square feet. M. Two single-family dwellings on one lot in areas designated RS provided that each lot occupied by two single-family dwellings shall have a minimum area of 12,000 square feet and also provided that all yard and coverage requirements set forth in DCC 19.28.050 are observed. In addition, no dwelling unit shall Chapter 19.28 1 (06/2020) EXHIBIT J TO ORDINANCE NO. 2020-010 be located within 10 feet of any other dwelling unit on the same lot. There shall be provided for the rear dwelling unoccupied and unobstructed access not less than 15 feet wide to the street fronting the lot. N. Keeping of livestock subject to DCC 19.88.070. O. Moving in a single-family dwelling built prior to January 1, 1961. P. Manufactured home park subject to DCC 19.88.280. Q. Condominiums. R. Plant nurseries subject to DCC 19,88.180. S. Time share unit or the creation thereof, subject to DCC 19.88.230. T. Hydroelectric facility in accordance with DCC 19.100 and DCC 19.88.190. U. Dwelling groups, subject to the provisions of DCC 19.88.250. V. Radio and television transmission facilities. W. Bed and breakfast inn, subject to the standards set forth in DCC 19.88,260. X. Residential care facility. Y. Zero Lot Lille Subdivision or Partition. Regulations for a side yard setback may be waived for an approved zero lot line subdivision or partition. 10, �_10. 2020� Ord. 90-038 §1, 1990; Ord. 88-042 §8, 1988; Ord. 86-017 §7,1986; Ord. 83-045 §5, 1983; Ord. 81-006 §4, 1981) Chapter 19.28 2 (06/2020) EXHIBIT J TO ORDINANCE NO. 2020-010 Chapter 19.64. LIGHT INDUSTRIAL ZONE - IL 19.64.020. Permitted Uses. 19.64.030. Conditional Uses. 19.64.020. Permitted Uses. The following uses are permitted in the IL Zone subject to the provisions of DCC 19.76. A. Any permitted use in the IP Zone. B. Cold storage plants, nicluding storage and office. C. Fuel oil distributors. D. Printing, publishing and book binding. E. Public utility buildings and yards. F. Veterinary clinic and hospitals operated entirely within an enclosed building. G. Light fabrication and repair shops, such as blacksmith, cabinet, electric motor, heating, machine, sheet metal, sign, stone monuments, upholstery and welding. H. Assembly, manufacture or preparation of articles and merchandise from the following previously prepared types of materials: Bone, canvas, cellophane, cloth, cork, feathers, felt, leather, precious or semiprecious metal or stones, shell, textiles, tobacco, wax, wire, wood (excluding sawmills, lumber mills, planing mills, molding plants, particle board, wafer board, plywood and pulp process) yarns and paint not employing a boiling process. I. Manufacture, compounding, processing, packing or treatment of such products as bakery goods, candy, cosmetics, dairy products and meat, drugs, perfume, pharmaceuticals, perfumed toilet soap, toiletries; excluding the rendering of fats and oils, fish and meat slaughtering and fermented foods, such as sauerkraut, vinegar and yeast. J. Processing uses such as bottling plants, creameries, laboratories, blueprinting and photocopying, laundries, carpet and rug cleaning plants, cleaning and dyeing plants, tire retreading, recapping and rebuilding. K. Contractor's equipment, storage or sale yard, house mover, delivery vehicles, transit storage, trucking terminal and used equipment in operable condition. L. Manufacture of concrete products and ceramic products using only previously pulverized clay. M. Manufacture of musical instruments, novelties, rubber or metal stamps, toys, optical goods or precision instruments or equipment. N. Manufacture of artificial limbs, dentures, hearing aids, surgical instruments and dressings and other devices employed by the medical and dental professions. O. Mini storage units. P. Planned unit developments subject to the provisions of DCC 19.104. Q. Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage, are permitted. R. Wholesale distribution of all standard types of prepared or packaged merchandise such as automobile supplies, drug and electrical supplies, f imiture, food products, hardware, leather goods, plumbing supplies, textiles and fabrics and general merchandise. S. Public buildings. E Child gre.faciility apd,_or pi-ccsschool. (O�d 0?OW010�J I 2020,_Ord. 92-043 §2, 1992; Ord. 88-042 §§27, 28 and 29, 1988) 19.64.030. Conditional Uses. The following Conditional Uses may be permitted subject to a Conditional Use Permit and the provisions of DCC 19.76 and 19.100: Chapter 19.64 1 (06/2020) EXHIBIT K TO ORDINANCE NO. 2020-010 A. Building over 35 feet in height. B. Livestock feed and sales yard. C. Ambulance service. D. Service commercial uses such as banks, offices, restaurants, cafes, refreshment stands, bars and taverns. E. All types of automobile, motorcycle and truck sales, service, repair and rental. Automobile and truck service stations subject to DCC 19.88. F. Boat building and repair. G. Retail or combination retail/wholesale lumber and building materials yard, not including concrete mixing. H. Trailer sales, storage and rental. I. Commercial parking lot. J. Kindergarten,. K. Hydroelectric facility in accordance with DCC 19.100 and DCC 19.88.190. L. Manufactured home sales and service. (Ord,==7070-010 jl 1_,_:.020. Ord. 92-008 §1, 1992, Ord. 88-042, 1988;-Ord. 86-017 §13, 1986) Chapter 19.64 2 (06/2020) EXHIBIT K TO ORDINANCE NO. 2020-010 FINDINGS 1. BACKGROUND Deschutes County is considered a "child care desert" according to Oregon's Child Care Deserts: Mapping Supply by Age Group, Metropolitan Status, and Percentage of Publicly Funded Slots, a report commissioned by Oregon State University and the Oregon Early Learning Division.' A county is considered a child care desert if fewer than 33 percent of the county's children have access to a slot (three young children for every child care slot). Slots are defined as regulated child care slots, including Certified Centers, Certified Family, and Registered Family Providers.' As shown in Table 1, Deschutes County is a child care desert for infants, toddlers and preschoolers. Table 1. Percent of Children in Deschutes County with Access to a Regulated Slot County 0-2 year olds 3-5 year olds Total 0-5 year olds Deschutes 11 % 28% 20% II. EXISTING CODE Deschutes County Code (DCC) contains several definitions relating to child care: Title 18, Count Zoning_ Ordinance' "Child care center" means a child care facilitythat is certified to care forthirteen 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. 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; 1 https•//health oregonstate edu/sites/health.oregonstate.edu/files/early-learners/pdf/oregon-child-care-deserts-01-29- 2019. 2df ' Regulated includes Certified Centers, Certified Family, and Registered Family Providers 3 DCC 18.04.030. Definitions PAGE 1 OF 14— FINDINGS — EXHIBIT LTO ORDINANCE NO. 2020-010 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 Zonin>?4 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 2 summarizes the zones currently permitting child care uses in rural Deschutes County. Table 2. Existing Child Care Zoning Code Description Title 18 - County Zoning Chapter 18.65, Rural Service 18.65.022 - Alfalfa RSC - Residential District Center - Unincorporated (C) Conditional Uses Permitted Community Zone (3) Daycare facility 18.04.030 - Definitions "Family child care provider" means a child care provider Chapter 18.04, Title, Purpose, and who regularly provides childcare to fewer than 13 children, Definitions including children of the provider (regardless of part- or full- time status), in the family living quarters of the provider's single-family home. 18.66,020 - Residential (TeR) District (B) Conditional Uses Permitted (7) Child care center 18.66.030 - Residential-5 Acre Minimum (TeR5) District Chapter 18.66, Terrebonne Rural (B) Conditional Uses Permitted Community Districts (7) Child care center 18.66.040 - Commercial (TeQ District (C) Conditional Uses Permitted (6) Child care center 4 DCC 19.04.040. Definitions PAGE 2 OF 14 - FINDINGS- EXHIBIT LTO ORDINANCE NO. 2020-010 Code Description 18.67.020 - Residential (TuR) District (B) Conditional Uses Permitted (6) Child care center Chapter 18.67, Tumalo Rural 18.66.030 - Residential-5 Acre Minimum (TuRS) District Community Districts (B) Conditional Uses Permitted (4) Child care center 18.66.040 - Commercial (TuC) District (C) Conditional Uses Permitted (3) Child care center 18.74.020 - Uses Permitted - Deschutes junction and Deschutes River Woods Store (C) Conditional Uses Permitted Chapter 18.74, Rural Commercial (1)(d) Child care center Zone 18.74.027 - Uses Permitted - Pine Forest and Rosland (C) Conditional Uses Permitted (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 14 — FINDINGS— EXHIBIT LTO ORDINANCE NO. 2020-010 Code Description Title 19 - Bend Urban Area Zoning Ordinance Chapter 19.12, Urban Area 19.12.020 - Permitted Uses (E) Day care center facilities subject to site review, DCC Reserve Zone 19.76 and DCC 19.88.160. 19,20.030 - Conditional Uses Chapter 19.20, Suburban Low (D) Public, parochial and private schools, including nursery 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 Chapter 19.28, Urban Standard (D) Public, parochial and private schools, including nursery 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 0) 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 Title 21.16 - Urban Area Reserve 21,16.20 - Permitted Uses (F) Day Care Center facilities subject to site review DCC Zone 21.44 and 21.44. III. PROPOSAL The Board of County Commissioners directed staff to initiate a legislative amendment to change day care, preschool, day nurseries, and child care facilities from a conditional use permit to a use permitted outright, subject to site plan review. The amendments would not add child care facilities as a use to zones that do not already allow them in some capacity. The amendments also clarify the definition of "family child care provider" to correspond with Oregon Revised Statutes; family child care homes or providers are considered a residential use of property per ORS 329A.440 and Deschutes County Code 18.116.215, and are permitted in all areas zoned for residential and commercial purposes, including areas zoned for single-family dwellings. Lastly, the proposed amendments consolidate all child care -related definitions noted above in Titles 18 and 19 by adding a new term, "child care facility," which directly references ORS 329A. This is intended to eliminate confusion between Titles 18 and 19 as well as within each PAGE 4 OF 14 - FINDINGS- EXHIBIT LTO ORDINANCE NO. 2020-010 chapter, where multiple terms —some of which lacked definitions —were utilized. Similarly, the amendments add a definition for "preschool," referring to the definitions in ORS 329A. The proposed amendments to Deschutes County Code (DCC) Title 18, County Zoning and Title 19, Bend Urban Area Zoning Ordinance are outlined in Ordinance No. 2020-010. Deschutes County is amending 7 chapters of DCC Title 18 and 4 chapters in DCC Title 19. Added language is underlined and deleted shown as strikethrowgl4. Table 3 summarizes the amendments. Table 3: Summary of Child Care Amendments Code Description Title 18 - County Zoning Adds and deletes: 18.04.030 - Definitions "Child care center" see "child care facility." rneapc a Ghild Gore { •1•t th t ' certified to eare for thirteen or raere Gh'LJr tl rtldGare fat 'I�twas Ret GGRstructed as single f�mil hemp that 'c cgrtifitad to Gore for 1 •2 or fpwpr GhilrJ Gen "Child care facilitv" as used in Title _1.8 is defined in ORS 329A "Family child care provider" means a child care provider who regularly provides child care in the home of the Drovider to not more than 16 children including children of the provider, regardless of full-time orpart-time status. fe.^'er th-.n 1 � GhilGlrenl i I dinrt Child of the rGyider (regardless of art_ or_{..II_tim o � part ct t ) in the faMily WiRg quaFteFs of the prGyifiler's cinrtle_family home. Chapter 18.04, Title, "Nursery, day" see "child care facility." me,nr. a faG'rt pro"iGlinrt day Purpose, and Definitions G to three Ar mere Phildr@R, aged 14 years or 6IRdeF, 1964 net inGlUdiRg A -Pack-iity—Pr9bldingEaFe that is primarily ed iGatinnal --pless el;g C C Gil'fi pr 'Glinrt r=ape that is primarily aR G'Glent of rtro..p _;g"let' er ial activities spensered by er under —the E. n ',J t I facility I' d d- QRS /lilt 400 to 443.445 aR.d "Preschool" as used in Title 18 is defined in ORS 329A as "preschool recorded _pro rg am." PAGE 5 OF 14 - FINDINGS - EXHIBIT L TO ORDINANCE NO. 2020-010 Code Description Adds: 18.65.022 - Alfalfa RSC - Residential District (B) Uses Permitted Subject to Site Plan Review Chapter 18.65, Rural Service (4) Child care facilitv and/or preschool Center - Unincorporated Community Zone Deletes: 18.65.022 - Alfalfa RSC - Residential District (C) Conditional Use ) Paycare facility Adds: 18,66.020 - Residential (TeR) District (Q Uses Permitted Sub'eci t to Site Plan Review. The following uses and their accessory uses are permitted, subject to the applicable provisions of this chapter DCC 18 116 Supplementary Provisions, and DCC 18.124, Site Plan Review, of this title: 1. Child care facility and/or preschool. 18.66.030 - Residential-5 Acre Minimum (TeR5) District (13) Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted, subject to the applicable provisions of this chapter DCC 18.116 Supplementary Provisions, and DCC 18,124 Site Plan Review of this title: Chapter 18.66, Terrebonne 1. Child care facility and/or preschool. Rural Community 18,66.040 - Commercial (TeC) District Districts (B) Uses Permitted, Subject to Site Plan Review 3. Child care facility and/or preschool. Deletes: 18.66.020 - Residential (TeR) District (C) Conditional Uses (7) Child care center 18.66.030 - Residential-5 Acre Minimum (TeR5) District (C) Conditional Uses (7) Child uare center 18.66.040 - Commercial (TeC) District (C) Conditional Uses (6) Child core renter PAGE 6 OF 14 - FINDINGS -EXHIBIT L TO ORDINANCE NO. 2020-010 Code Description Adds: 18.67.020 - Residential (TuR) District LB1 Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter, DCC 18.116 Supplementary Provisions, and DCC 18 124 Site Plan Review of this title: 1 Child care facility and/or preschool. 18.67.030 - Residential-5 Acre Minimum (TeRS) District (B) Uses Permitted Subiec� t to Site Plan Review. The following uses subject to the and their accessory uses are permitted applicable provisions of this chapter, DCC 18.116, SUDplementary Provisions, and DCC 18.124, Site Plan Review, of this title: 1 Child care facilit�r and/or preschool. Chapter 18.67, Tumalo Rural Community Districts 18.67.040 - Commercial (TuC) District (B) Uses Permitted, Subject to Site Plan Review 3. Child care facility_and/or preschool. Deletes: 18.67,020 - Residential (TuR) District (C) Conditional Uses (6) Child rare GeRter 18,67.030 - Residential-5 Acre Minimum (TuRS) District (C) Conditional Uses (4) ChOd Gore GeRtor 18.67.040 - Commercial (TuC) District (C) Conditional Uses (3) Child GaFe eRteF Adds: 18.74.020 - Uses Permitted - Deschutes junction and Deschutes River Woods Store LB) Uses Permitted Subject to Site Plan Review. The following -uses and their accessory uses are permitted subject to the applicable sions o provif this chapter, DCC 18,116 Supplementar Provisions, and DCC 18 124 Site Plan Review of this title: 1. Child-care facility and/or preschool. Chapter 18.74, Rural Commercial Zone 18.74.027 - Uses Permitted - Pine Forest and Rosland (B) Uses Permitted Subsea ct to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, and DCC 18.124 Site Plan Review of this title: 1. Child care facility and/or preschool. Deletes: 18.74.020 - Uses Permitted - Deschutes junction and Deschutes River Woods Store PAGE 7 OF 14 - FINDINGS - EXHIBIT LTO ORDINANCE NO. 2020-010 Code Description (C) Conditional Uses (1)( d) Child care repte- 18.74.027 - Uses Permitted - Pine Forest and Rosland (C) Conditional Uses (1)(d) Child c-are GLQAtef- Chapter 18.116, Supplementary Provisions Adds: 18.1 16.360 - Nursery Schools A Nursery schools shall provide and maintain at least 100 square feet of outdoor playarea rea per child. A sight obscuring fence at least four feet but not more than six feet high shall separate the play. B. Nursery schools in the Wildlife Area Combining Zone are subject to the provisions of DCC 18.88. Chapter 18.128, Conditional Uses Deletes: 4 A—i�vuFssery scheGlls- shall Arn,,ide and t least 100 --maintain r square feet of e wtdGer area per child ei � A sight hsrriAg fence play :;t Ie-at fA- r feet but Apt mere th-.p s x feet high sh-.II separate the p4y-a�m adjoining lots. Title 19 - Bend Urban Area Zoning Ordinance Chapter 19.04, Title, Compliance, Applicablity, and Definitions Adds and deletes: 19.04.040 - Definitions "Child care facility" as used in Title 18 is defined in ORS 329A. "Day care center or facility" see "child care facility." means an a zatien or'Rdivirdi lal n Viding daytime c e of six nr -.geRGY i more Child P Aot related by hloGd marriage to or Aot the legal -+rrls or fester r-hildren of the nttenda t adult. (N� irceni 1 v "Family child care provider" means a child care provider who regularly provides child care in the home of the provider to not more than 16 children, including children of the _provider, regardless of full-time or part-time status. "Preschool" as used in Title 18 is defined in ORS 329A as "preschool recorded program." PAGE 8 OF 14— FINDINGS— EXHIBIT LTO ORDINANCE NO. 2020-010 Code Description Adds: 19.20.020 - Permitted Uses F. Child care facility and/or preschool. Chapter 19.20, Suburban Deletes: Low Density Residential Zone 19.20.030 -Conditional Uses (D) Public, parochial and private schools, including nursery sr.heeler kindergartens and day RuFseries; but not including business, dancing, trade, technical or similar schools subject to DCC 19.88.160. Adds: 19.28.020 - Permitted Uses F. Child care facilityand/or_preschool. Chapter 19.28, Urban Standard Residential 19.28.030 - Conditional Uses Zone ((D) Public, parochial and private schools, including r4rser-y sc-heels, kindergartens and day nurseries; but not including business, dancing, trade, technical or similar schools subject to DCC 19.88.160. Adds: 19.64.020 - Permitted Uses Chapter 19.64, Light T. Child care facilitv and/or preschool. Industrial Zone 19.64.030 - Conditional Uses m Nursery «h , ,i Kindergarten and day rFe f,G4,,, IV. REVIEW CRITERIA Deschutes County lacks specific criteria in DCC Titles 18, 19, 22, or 23 for reviewing a legislative plan and text amendment. Nonetheless, because this is a Deschutes County -initiated amendment, the County bears the responsibility for demonstrating that the amendments are consistent with the Statewide Planning Goals and its Comprehensive Plan. V. FINDINGS A. CHAPTER 22.12, LEGISLATIVE PROCEDURES 1. Section 22.12.010. Hearing Required FINDING: This criterion will be met because a public hearing was held before the Deschutes County Planning Commission and Board of County Commissioners. PAGE 9 OF 14 — FINDINGS —EXHIBIT L TO ORDINANCE NO. 2020-010 2. Section 22.12.020, Notice Notice A. Published Notice 1. Notice of a legislative change shall be published in a newspaper of general circulation in the county at least 10 days prior to each public hearing. 2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. FINDING: This criterion will be met as notice was published in the Bend Bulletin newspaper on May 3, 2020 for the Planning Commission public hearing, and on May 24, 2020 for the Board of County Commissioners' public hearing. B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. FINDING: This criterion will be met as notice was posted for each hearing on the bulletin board in the lobby of the Deschutes County Community Development Department, 117 NW Lafayette, Bend. C. Individual notice. Individual notice to property owners, as defined in DCC 22.08.010(A), shall be provided at the discretion of the Planning Director, except as required by ORS 215.503. FINDING: Given the proposed legislative amendments do not apply to any specific property, no individual notices were sent. D. Media notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. FINDING: Notice was provided to the County public information official for wider media distribution. This criterion has been met. 3. Section 22.12.030 Initiation of Legislative Changes. A legislative change may be initiated by application of individuals upon payment of required fees as well as by the Board of County Commissioners. FINDING: The application was initiated by the Deschutes County Planning Division at the direction of the Board of County Commissioners, and has received a fee waiver. This criterion has been met. 4. Section 22.12.040. Hearings Body PAGE 10 OF 14 - FINDINGS - EXHIBIT L TO ORDINANCE NO. 2020-010 A. The following shall serve as hearings or review body for legislative changes in this order. 1. The Planning Commission. 2. The Board of County Commissioners. B. Any legislative change initiated by the Board of County Commissioners shall be reviewed by the Planning Commission prior to action being taken by the Board of Commissioners. FINDING: The Deschutes County Planning Commission held the initial public hearing on May 14, 2020. The Board then held a public hearing on June 3, 2020. These criteria are met. 5. Section 22.12.050 Final Decision All legislative changes shall be adopted by ordinance FINDING: The proposed legislative changes included will be implemented by Ordinance No. 2020- 010 upon approval and adoption by the Board of County Commissioners. This criterion will be met. B. Statewide Planning Goals The parameters for evaluating these specific amendments are based on an adequate factual base and supportive evidence demonstrating consistency with Statewide Planning Goals. The following findings demonstrate that the proposed amendments comply with applicable statewide planning goals and state law. Goal 1, Citizen Involvement The adoption process for the proposed amendments included a public hearing before the Planning Commission and the Board of County Commissioners, consistent with ORS 21.5.060 and DCC 22.12.010. This goal is met. Goal 2, Land Use Planning ORS 197.610 allows local governments to initiate post -acknowledgment plan amendments (PAPAS). An Oregon Department of Land Conservation and Development 35-day notice was initiated on March 19, 2020. No comments were received from the Department of Land Conservation and Development. This finding document provides the adequate factual basis and documented analysis for this plan and zoning text amendment. This goal is met. Goal 3, Agricultural Lands The proposed amendments do not apply to agricultural lands. This goal does not apply. Goal 4, Forest Lands The proposed amendments do not apply to forest lands. This goal does not apply. Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces PAGE 11 OF 14- FINDINGS - EXHIBIT L TO ORDINANCE NO. 2020-010 This goal is not applicable because the proposed amendments only grant the County the authority to approve applications to allow childcare uses. No development or land use changes are being proposed that might impact Goal 5 protected natural resources, scenic and historic areas, or open spaces. Any future application for a site -specific childcare use will have to demonstrate consistency with Goal 5. • Goal 6, Air, Water and Land Resources Quality and Goal 7, Natural Hazards This goal is not applicable because the proposed amendments only grant the County the authority to approve applications to allow childcare uses. No development or land use changes are being proposed that impact air, water and land resource qualities. Any future applications for a site -specific childcare use will have to demonstrate consistency with Goal 6. • Goal 8, Recreational Needs This goal is not applicable because the proposed amendments only grant the County the authority to approve applications to allow childcare uses. No development or land use changes are being proposed on recreational resources. Any future applications for a site - specific childcare use will have to demonstrate consistency with Goal 8. • Goal 9, Economic Development Goal 9 is intended to provide adequate opportunities throughout the state for a variety of economic activities, Goal 9 requires that land be designated for commercial and industrial uses according to the needs of the local and regional economy, current economic base, workforce, availability of land, availability of key public facilities, etc. Practically speaking, Goal 9 has required communities to preserve employment and industrial land for future business uses. The proposal would allow for childcare uses as use permitted outright, subject to site plan review, to meet the child care needs of the economy, the economic base and the work force. Therefore, the proposed amendment is consistent with this Goal. • Goal 10, Housing This goal is not applicable because, unlike municipalities, unincorporated areas are not obligated to fulfill Goal 10 housing requirements. Furthermore, no development or land use changes are being proposed that relate to or impact housing. • Goal 11, Public Facilities This goal is not applicable because the proposed amendments only grant the County the authority to approve applications to allow childcare uses. No development or land use changes are being proposed that impact public facilities. Any future applications for a site - specific childcare use will have to demonstrate consistency with Goal 11. • Goal 12, Transportation Goal 12 requires that the subject property be consistent with adopted transportation plans. Although the majority of the policies set forth in Goal 12 relate to the establishment of a comprehensive transportation system plan (TSP), they also require an application to PAGE 12 OF 14 - FINDINGS - EXHIBIT L TO ORDINANCE NO. 2020-010 demonstrate that a proposal is consistent with the Transportation Planning Rule (TPR), as implemented through OAR 660-012-0060(1), which states that, "Amendments to functional plans, acknowledged comprehensive plans, and land use regulations which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity, and performance standards (e.g. level of service, volume to capacity ratio, etc.) of the facility." The proposed use will not change the functional classification of any arterial or collector nor change the applicable access management standards. The County's performance standards will also remain Level of Service (LOS D) for intersections and road segments. For an unsignalized intersection, which describes either a driveway or an intersection with stops signs, LOS D is 35-55 seconds delay. For road segments, the Deschutes County Transportation System Plan (TSP) defines LOS D as 9,600 average daily traffic (ADT). Delay is affected by volumes on the through road and the driveway or side street. In the case of the driveway, zoning controls the potential trip generation. A Day Care Center (Land Use 565) in the 10`" edition of the Institute of Traffic Engineers (ITE) Trip Generation Manual. is predicted to generate 47.62 weekday trips per 1,000 square feet and 11 a.m. and 11.12 p.m. peak hour trips per 1,000 square feet. However, these trip generation rates are reduced as Day Care Centers have a high pass -by rate. In other words, the parents are typically already driving to/from work and drop off/pick up their children on the way. The County in its transportation system development charge (SDC) credits Day Cares with a 90% pass -by rate. This is based on observation and experience with these uses. Thus, a Day Care Center could be expected to generate approximately 1 new trip per 1,000 square feet. The combination of low trip generation rates due to high pass -by rate and the low volumes on County roads means the effect of adding Day Cares to County zones would have a minimal effect. This minimal effect holds regardless of whether Day Care is added as a new outright permitted use to existing zones or made an outright permitted use in zones where Day Care is now a conditional use. The plan amendment does not result in any significant effect and thus complies with the TPR. • Goal 13, Energy Conservation This goal is not applicable because the proposed amendments only grant the County the authority to approve applications to allow childcare uses. No development or land use changes are being proposed that impact energy conservation. Any future applications for a site -specific childcare use will have to demonstrate consistency with Goal 13. • Goal 14, Urbanization The purpose of Goal 14 is to direct urban uses to areas inside urban growth boundaries. As proposed amendments do not seek to allow urban uses on rural land, nor do they seek to expand an existing urban growth boundary, this goal does not apply. • Goals 15 through 19 PAGE 13 OF 14 - FINDINGS - EXHIBIT L TO ORDINANCE NO. 2020-010 Deschutes County does not contain any of the relevant land types included in Goals 15-19. Therefore these goals do not apply. C. Deschutes County Comprehensive Plan Chapter 3, Rural Growth Management Section 3.4, Rural Economy Policies Goal 1 Maintain a stable and sustainable rural economy, compatible with rural lifestyles and a healthy economy 3.4.1 Promote rural economic initiatives, including home -based businesses, that maintain the integrity of the rural character and the natural environment a. Review land use regulations to identify legal and appropriate rural economic development opportunities FINDING: There is a documented need for child care in Deschutes County. Child care is a supportive commercial use that directly accommodates the needs of County residents. The typical size of a child care facility is 2,000-4,000 square feet in size; child care facilities are generally small scale and low impact, assuring conformance with Policy 3.4.1. PAGE 14 OF 14 - FINDINGS - EXHIBIT L TO ORDINANCE NO. 2020-010 Ti I Lf Fj wl V) LU -3,30 • 41 Wkl bD a) -0 ,Vi c _N a-+ N c E f� CL N Q � �5 N c "� fp c V Q N O c N N N Q c .Q L N � �N O L � N d-J a-J c c 4J Q L O f6 4-J CL -0 E O 4-+ :3 0 E c O m .N 4-1 c O V c ca L O m N N N c f0 N s 4- O 3-+ L fu N 4 l,, t L m O m E O L 4- N c O d-$ N N cr c Cp N L N c m c m N Ln m V S 4-+ c O L- O Q a) L 0 c N N L Q m Ln c f6 c .W N c f0 c O co 4-J c v N L1 Q tN c f� 4-) N c co a O W c t]J Q E O L 4- a .N c c� V Q. 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The mission of our group is to create and retain affordable, accessible and quality childcare by increasing the amount of childcare openings by bringing together communities and employers who are invested in Central Oregon's children. Pre-COVID, Central Oregon was facing a severe shortage of childcare with only one spot available for every three children. The economic fallout of COVID-19 has greatly exacerbated an already critical situation, with an expected 48 percent closure of existing child care facilities due to the inability to stay financially afloat. This will leave thousands of children, families and employers wondering what to do as they reopen for business and there are even fewer child care openings than just two months ago. We need to act now to keep as many Central Oregon child care providers open as possible, while we plan a new path forward to address the long-term need for additional, quality child care. This is why it is so important for Central Oregon jurisdictions to implement policies that make it easier to provide for the creation of new childcare facilities. And this is why we support Deschutes County proposal to eliminate in certain zones the need for a conditional use permit and provide for childcare as an outright use. This reduces land use barriers while still providing for a design review process. It also provides for streamlining of the approval process, ideally cutting down on time and saving much needed funds (almost a $3,000 savings per application) for providers. It also allows for safe, reliable places for families to entrust their children in areas that are underserved. We greatly appreciate the support from Deschutes County and the Board of Commissioners to this critical issue. By enacting policies that simplify the process to increase childcare spots in our region, we benefit our community by making kids and families safer and stronger. Sincerely, NPlegan ;orris Central Oregon Childcare Accelerator Central Oregon Childcare Steering Committee