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2020-272-Minutes for Meeting July 15,2020 Recorded 8/4/2020BOARD OF Recorded in Deschutes County COMMISSIONERS Nancy Blankenship, County Clerk Commissioners' Journal 1300 NW Wall Street, Bend, Oregon (541) 388-6570 i CJ2020-272 08/04/2020 7:36:45 AM FOR RECORDING STAMP ONLY 10:00 AM Wednesday, July 15, 2020 BARNES & SAWYER ROOMS VIRTUAL MEETING PLATFORM Present were Commissioners Patti Adair, Anthony DeBone, and Phil Henderson (present via Zoom conference call). Also present were Tom Anderson, County Administrator; David Doyle, County Counsel (present via Zoom conference call); and Sharon Keith, Board Executive Assistant (present via Zoom conference call). Several citizens and no identified representatives of the media were in attendance. This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website http://deschutescountyor.igm2.com/Citizens/Default.aspx CALL TO ORDER: Chair Adair called the meeting to order at 10:00 a.m. PLEDGE OF ALLEGIANCE: CITIZEN INPUT: Commissioner Adair noted that the local chapter of the Red Cross is looking for community volunteers. Commissioner Adair noted that the Public Hearing listed as Item #19 was set and that proper public notice was provided however due to an oversight it was not added to the agenda until late yesterday so she will only open the hearing today and then immediately continue the hearing to August 5, 2020. BOCC MEETING JULY 15, 2020 PAGE 1 OF 10 Commissioner Adair asked for a moment of silence for the memory of the Deschutes County resident that lost his life due to COVID19. She reminded the community to be respectful and mindful of proper methods of safety. Doug Hoschek, resident of Sunriver presented his concerns regarding short term rentals and the COVID19 pandemic and his concerns relative to enforcement of social distancing and the wearing of face coverings. Mr. Hoscheck handed out COVID19 materials for the Commissioners. He expressed his concern that he doesn't have freedom of speech. CONSENT AGENDA: Before the Board was consideration of approval of the Consent Agenda. DEBONE: Move approval of Consent Agenda HENDERSON: Second Dicruccinn: Commissioner Henderson noted a revision needs to be made to the June 1, 2020 meeting minutes to reflect his actual time present at the meeting. Commissioner DeBone recommended adding a time to the top of the minutes. Commissioner Henderson asked for a report of the responsibilities of the Deschutes River Mitigation and Enhancement Committee. VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried Community Development Director Nick Lelack and Planner Zechariah Heck (present via Zoom conference call) explained the purpose of the Deschutes River Mitigation and Enhancement Committee. 1 Consideration of Board Signature of Document No. 2020-459, Execute New Lease with Peltier Real Estate Company and Board Signature of Document No. 2020-440 to Execute Termination Agreement with La Pine Disposal & Recycling, Inc. BOCC MEETING JULY 15, 2020 PAGE 2 OF 10 2. Consideration of Board Signature to Thank Darek Staab of Deschutes River Mitigation and Enhancement Committee 3. Consideration of Board Signature to Appoint Shaun Pigott to the Deschutes River Mitigation and Enhancement Committee 4. Consideration of Board Signature to Reappoint William Seitz to the Deschutes River Mitigation and Enhancement Committee 5. Consideration of Board Signature to Reappoint Craig Horrell to the Deschutes River Mitigation and Enhancement Committee 6. Consideration of Board Signature to Reappoint Kate Fitzpatrick to the Deschutes River Mitigation and Enhancement Committee 7. Approval of Minutes of the June 1, 2020 BOCC Meeting 8. Approval of Minutes of the June 3, 2020 BOCC Meeting 9. Approval of Minutes of the June 10, 2020 BOCC Meeting 10.Approval of Minutes of the June 15, 2020 BOCC Meeting ACTION ITEMS: 11.COVID19 UPDATE: Nahad Sadr Azodi, Director of Public Health Services and Dr. Richard Fawcett (presented via 7nnm conference call) reported nn the Richard u Fawcett (presented ........ ..... �.,..... ................... ...,. .� .._r.. __..,. .... _.._ COVID19 Public Health Update. The copy of the presentation is attached to the record. 12.Consideration of IMPACTS Grant Acceptance to Permit Extension of Deschutes County Stabilization Center Hours to 24/7 for a Period of Two Years Holly Harris, Health Services and Brandi Shroyer, District Attorney's Office presented the item and reported that the grant award was just received and asked for Board approval to accept the grant. Ms. Harris reported on the services that will be provided through the grant funding. Sheriff Shane Nelson reported on the services provided by the stabilization center. A budget adjustment resolution will be presented at the July 22, 2020 BOCC meeting to allow for additional FTE to provide services funded through the grant. BOCC MEETING JULY 15, 2020 PAGE 3 OF 10 DEBONE: Move approval of grant acceptance HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried 13.Statewide Transportation Improvement Fund (STIF) Update and Project Modification Request Whitney Hale, Communications Director and Andrea Breault, COIC (present via Zoom conference call) provided an update on the project and explained the need for modification. DEBONE: Move approval HENDERSON: Second /n 1 V V I LL.. DEBr,NI• vac V L V 1 Y L. Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried 14.General Election Logistics Nancy Blankenship, County Clerk presented the logistics of the election process with the needs of physical distancing requirements during the COVID19 pandemic. With the general election this year, there will be additional needs for meeting room space to allow for the election board to process the ballots. The meeting rooms at the Deschutes Services Building will be needed from Thursday, October 29 through Wednesday, November 4. County Administrator Anderson noted he and Board Executive Assistant Sharon Keith met with Ms. Blankenship and Stephen Dennison regarding the meeting room needs and suggested if the Board would consider making changes to the meeting schedule for the Wednesday, October 28 meeting to end at 3:00 p.m., the meeting of Monday November 2 would need to be BOCC MEETING JULY 15, 2020 PAGE 4 OF 10 canceled or held via Zoom at individual office participation, and start the Wednesday, November 4 meeting at 1:00 p.m. The main objective of today was to give the Board information that the meeting dates will be adjusted to accommodate the election process. The Board supports the request of the Clerk's Office. Commissioner Adair suggested having a full meeting date of Monday, October 26 instead of Wednesday and Commissioner DeBone also recommended a Tuesday meeting instead of Wednesday. Commissioner Henderson offered support for the Clerks Office using the meeting rooms. 15.Consideration of Acceptance of SAMSHA Grant Funds for Comprehensive Community System of Care Expansion of Services for Children with Serious Emotional Disturbances Health Services staff Elizabeth Holden and Janice Garceau (present via Zoom conference call) presented the item for consideration of accepting a grant award. A budget adjustment will be presented at the July 22, 2020 BOCC meeting to allow for additional FTE to provide services based on the grant funding. DEBONE: Move approval of grant acceptance HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried 16. Board Letter of Support to City of La Pine for the City's $250,000 TGM Grant Application to do Area Planning for 368 acres of County -owned Property in New Neighborhood Community Development Department Director Nick Lelack and Property Manager Kristie Bollinger (present via Zoom conference call) presented the grant opportunity and requested Board support of a letter. City of La Pine Mayor Daniel Richer, City Manager Melissa Bethel, and City Councilors Donald Greiner and Colleen Scott (present via Zoom conference call) BOCC MEETING JULY 15, 2020 PAGE 5 OF 10 expressed support of the project. DEBONE: Move approval HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried RECESS: At the time of 12:23 the Board took a recess and reconvened the meeting at 12:30 p.m. 17.PUBLIC HEARING: Nonprime Resource Land Amendments Community Development Department Associate Planner Zechariah Heck (via Zoom conference call) presented the hearing procedures. The prior public hearing for April cancelled and rescheduled to today due to hearing I� set for April 1, 2020 was l..Ql II.CIICId and rescheduled icuuicu uu�, to the COVID19 pandemic. Hearing no bias or conflicts of interest or challenges by the audience, Commissioner Adair opened the public hearing. Mr. Heck presented the staff report. Commissioner Adair called for public testimony. Carol MacBeth, staff attorney for Central Oregon Landwatch presented testimony in opposition. Commissioner Adair acknowledged Jeff and Karen Lay submitted a written statement and expressed support. Dan Steelhammer, is a property owner and resident of Deschutes County presented testimony in support. Ronald Tucker presented testimony and his concerns about being able to build on his property. BOCC MEETING JULY 15, 2020 PAGE 6 OF 10 Scott Hilgenberg, 1000 Friends of Oregon (present via Zoom conference call) presented testimony in opposition. Tyler Neese, Central Oregon Association of Realtors (present via Zoom conference call) presented testimony in support. Jack Godard (present via Zoom conference call) presented testimony in opposition. Jerry Cunningham (present via Zoom conference call) presented testimony in support and noted the current zoning amendments are not fair. Mr. Heck recognized and commented on input and questions from the community. The department has received input relative to the amendments from the Department of Land Conservation Development, County Forester, OSU Extension. Planning Manager Peter Gutowsky noted the due diligence the department has completed by gathering testimony from experts in the field of forestry and soils. Community Development Director Nick Lelack noted there are other members of the community that have expressed the desire to provide testimony. The Board supported closing the oral record and keeping the written record open for seven days until 5:00 p.m. on July 22, 2020. RECESS: At the time of 1:53 the Board took a recess and reconvened the meeting at 2:23 p.m. 18. PUBLIC HEARING: Housekeeping Amendments Community Development Department Associate Planner Zechariah Heck presented the hearing outlines. Hearing no conflicts of interest or biases, or challenges from the audience, Commissioner Adair opened the public hearing. Mr. Heck presented the staff report and noted the Planning Commission unanimously recommended proceeding with the text amendments. BOCC MEETING JULY 15, 2020 PAGE 7 OF 10 Commissioner Adair called for public testimony. Hearing none, the Board considered next steps and closed the public hearing. [The Board went into deliberations but recessed shortly to review Item 19 until Commissioner Henderson's technical difficulties could be resolved.] Deliberations were continued. Commissioner DeBone noted his support of proceeding. Commissioner Henderson agrees. DEBONE: Move first reading by title only of Ordinance No. 2020-007 HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried Commissioner Adair read the Ordinance by title only. The second reading will be set for two weeks from today. 19. PUBLIC HEARING: Annexations into West La Pine Livestock Senior Assistant Legal Counsel John Laherty reported on the history of the proposed annexation. The Board Orders to set the public hearing were adopted on June 10, 2020 and the hearing notice was published but due to an error (hearing not included on meeting agenda) it is recommended that the hearing be opened at this time and then immediately continued. Commissioner Adair opened the public hearing and accepted the recommendation to continue the hearing until the August 5, 2020 BOCC meeting. Commissioner DeBone commented on livestock districts. OTHER ITEMS & COMMISSIONER UPDATES: • Commissioner Henderson presented an update on the Veteran's Village. The Bend Heros Foundation has received the approval from the City of Bend to proceed with the project. The Bend Heros Foundation would like to ask BOCC MEETING JULY 15, 2020 PAGE 8 OF 10 Deschutes County for interest in participating in one third of funding of operating costs. County Administrator Anderson commented that Representative Cheri Helt would recommend the use of an RR10 parcel for the project. Property Manager Kristie Bollinger will research Deschutes County parcels for availability. The Board recommends having a further discussion at a future BOCC meeting. • Commissioner Henderson inquired on interviews this week. County Administrator Anderson reported the interviews are being done by a consultant and key Fair Board stakeholders regarding possible improvements for the Fair & Expo leadership. • Commissioner Henderson commented on the Health Services report of increased number of COVID19 cases and the ongoing need for more testing capacity. He would like to offer assistance and will pursue this. • Commissioner DeBone inquired on the NACO Annual Business Meeting voting credentials and the need to appoint a voting member for Deschutes County for election of officers. Commissioner Adair will serve as the voting member for Deschutes County. • The Board discussed meeting formats. Two Commissioners prefer to be present in the meeting room. Commissioner DeBone and Henderson will switch between virtual and physically present. • Commissioner Adair reported on the Joint Meeting with the City of Redmond last evening. • County Administrator Anderson reported on the revised agreement for the CARES act. Commissioner DeBone noted support. Commissioner Henderson has not completed his review of the revised agreement. County Counsel Doyle identified the revisions to the agreement. Commissioner Adair also noted her support. The Board expressed support and authorized signature by either County Administrator Tom Anderson or Chief Financial Officer Greg Munn. • Applications were received for Planning Commission vacancy. Commissioner Henderson expressed interest in interviewing the candidates. BOCC MEETING JULY 15, 2020 PAGE 9 OF 10 • Commissioner DeBone noted that the proposed measure language for the marijuana opt out will be discussed/explained at the Board meeting on Monday, July 20. EXECUTIVE SESSION: At the time of 3:35 p.m. the Board went into Executive Session under ORS 192.660 (2) (e) Real Property. The Board came out of session at 4:33 p.m. to direct staff to proceed as discussed. At the time of 4:35 p.m. the Board went into Executive Session under ORS 192.660 (2) (h) Litigation. The Board came out of session at 5:32 p.m. At the time of 5:33 p.m., the Board went into Executive Session under ORS 192.660 (2) (d) Labor Negotiations. The Board came out of session at 5:40 p.m. ADJOURN Being no further items to come before the Board, the meeting was adjourned at 5:40 p.m. DATED this el/ Day of Commissioners. ATTEST: ORDI G SEC ETARY 2020 for the Deschutes County Board of ANTHONY DEBO E, VICE CHAIR PHILIP G. HENDERS N. CIMMISSIONER BOCC MEETING JULY 15, 2020 PAGE 10 OF 10 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, JULY 15, 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: citizeninput@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, July 15, 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 citizeninput@ deschutes.org or you may leave a brief voicemail at 541.385.1734. To be timely, citizen input must be received by 9:OOam on the day of the meeting.] CONSENT AGENDA 1. Consideration of Board Signature of Document No. 2020-459, Execute New Lease with Peltier Real Estate Company and Board Signature of Document No. 2020-440 to Execute Termination Agreement with La Pine Disposal & Recycling, Inc. 2. Consideration of Board Signature to Thank Darek Staab of Deschutes River Mitigation and Enhancement Committee 3. Consideration of Board Signature to Appoint Shaun Pigott to Deschutes River Mitigation and Enhancement Committee 4. Consideration of Board Signature to Re -Appoint William Seitz to Deschutes River Mitigation and Enhancement Committee 5. Consideration of Board Signature to Re- Appoint Craig Horrell to Deschutes River Mitigation and Enhancement Committee 6. Consideration of Board Signature to Re- Appoint Kate Fitzpatrick to Deschutes River Mitigation and Enhancement Committee 7. Approval of Minutes of the June 1, 2020 BOCC Meeting 8. Approval of Minutes of the June 3, 2020 BOCC Meeting 9. Approval of Minutes of the June 10, 2020 BOCC Meeting 10.Approval of Minutes of the June 15, 2020 BOCC Meeting Board of Commissioners BOCC Meeting Agenda Wednesday, July 15, 2020 Page 2 of 4 ACTION ITEMS 11. 10:05 AM COVID19 Update 12. 10:15 AM Consideration of IMPACTS Grant Acceptance to Permit Extension of Deschutes County Stabilization Center Hours to 24/7 for a Period of Two Years. - Holly Harris, 13. 10:25 AM Statewide Transportation Improvement Fund (STIF) Update and Project Modification Request - Whitney Hale, Communications Director 14. 10:45 AM General Election Logistics - Nancy Blankenship, County Clerk and Stephen Dennison, Elections/Recording Supervisor 15. 11:00 AM Consideration of Acceptance of SAMHSA Grant Funds for Comprehensive Community System of Care Expansion of Services for Children with Serious Emotional Disturbances - Elizabeth Holden, Behavioral Health Manager 16. 11:10 AM Board letter of support to City of La Pine for the City's $250,000 TGM grant application to do area planning for 368 acres of County -owned property in New Neighborhood - Peter Russell, Senior Planner 17. 11:20 AM PUBLIC HEARING: Nonprime Resource Land Amendments - Zechariah Heck, Associate Planner LUNCH RECESS 18. 1:00 PM PUBLIC HEARING: Housekeeping Amendments - Zechariah Heck, Associate Planner 19. 2:00 PM Public Hearing on Annexations into West La Pine Livestock -John Laherty, Add -On OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. Board of Commissioners BOCC Meeting Agenda Wednesday, July 15, 2020 Page 3 of 4 EXECUTIVE SESSION At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2)(b), personnel issues; or other executive session categories. Executive sessions are closed to the public; however, with few exceptions and under specific guidelines, are open to the media. Executive Session under ORS 192.660 (2) (d) Labor Negotiations, ORS 192.660 (2) (h) Litigation, and ORS 192.660 (2) (e) Real Property 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. B� Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.org/meetingcalendar (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Board of Commissioners BOCC Meeting Agenda Wednesday, July 15, 2020 Page 4 of 4 I. ES;.. BOARD OF COMMISSIONERSMEETING REQUEST TO SPEAK Citizen Input can be given regarding any topic that is NOT on the agenda Public Testimony can be given during Public Hearings only S Topic of Input or Testimony;` Is this topic an item on today's agenda? Yes (please see description of Citizen Input above) Name� a ,` '' Date: Address U IQ C4..1 Phone #s E-mail address 1,31 kc15- c- THIS FORM IS TURNED INTO RECORDING SECRETARY BEFORE MEETING BEGINS Are you submitting written documents as part of testimony? Yes If so, please give a copy to, the Recording Secretary for the record. .sx �tatfF.a ri,.ad+*-^Yxyf,+kay.e.v.na..x,.a�.....xwt 4? „s.,,e.aer,y,.x. ,lr�.. ....Div+r..,,a....r.xs..+..».r�•�rrx.s... rar.a....., ..r...+r.R�.............. r............ ....,s.s.nw�e��rra✓.,r�r�raran»s.a,.�.errtu++�-,:resvpn++s»3.rwa� x vy,s�r..rxxtutR....�.sc Reduce the risk of spreading COVID-19 by taking these steps to protect your loved ones Lowest Risk MediumFt sk Staying home Outdoor aloe or with activities away housernates from crowds • it u feel unwell, home and Outdoor gatherings Juiy14,2020 Dear Neighbors and Friends: 1 hope that you and your Loved ones are doing well, staying healthy, and looking out for your neighbors and friends. On the COVID front, today is another somber day, with OHA reporting seven deaths today. We have rarely seen a daily count this high, certainly not since April. One of the deceased lived in Clackamas County; everyone else was from outside the metro area, including two each from Lincoln County, two from Marion County, and one each from Wasco and Malheur. These are all regions that first saw outbreaks several weeks ago, generally beginning with younger workers, then apparently spreading to older neighbors or family members who succumbed to the worst effects of the disease. As you'll see, hospitalization numbers are also increasing. Let's hope that these increases will stabilize in the coming days and weeks as a result of the Governor's orders regarding face coverings and social gatherings. gatherings. a more positive ,note, you'll see in the newsletter some ii E�t1e:�r ergency Boardwas able to make today twant eadues on the Boar It's your Twitter anniversary! Celebrate with a special Tweet created just for you in case you missed Central OR Fire lnfo's Tweet Hot & drying conditions have prompted fire officials for the @OchocoNatForest and Prineville District BLM will raise the Industrial Fire Precaution Level (IFPL) from I to II next week. The @DesNatlForest is already in IFPL II. Learn more: centraloregonfire.org In case you missed Deschutes Sheriff's Tweet #TrafficAlert A motor vehicle crash has Highway 20 closed in both directions at Jordan Road, east of Sisters. Consider an alternate route until the roadway reopRins. pic.twitter.com/4bnBiMDQ1N case you issed Central OR. Fire Info's Tweet :o 4 new fires today,thelargest is in .,: estimated to r6 N u Q) u Q r6 ) u- -o — L �. r6 O O : -0 -1-J u c u _ 4-) c6 (- ZO 01 a CO (15 0 0 t3 c LL c c JULY15,202S to c a) as E u m rn . o _ � N a 00 4 is so ct' • In 0 Lt) 0 IJ 0 L.n 0 Ln 0 Ln 0 Lr Ln d' d M M N N c-I ri sasej Caus s effect 4-) O >, c *(.7) a) ro = cu ...E 4-, E _c v) 4-, c .-§ co L_ 4 cu -, > o _ ._ 4-, :.1-' 0 L._ c no o a.) -0 0_ D a_ o ro >-. VI a) = L._ o_ .5 0 0_ _C -4-) _C I r_ Li 3 4-a . u . tn (13 0 • ra C 0 t...) 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OZOZ/II/L OZOZ/L/L OZOZ/£/L OZOZ/6Z/9 OZOZ/SZ/9 OZOZ/IZ/9 OZOZ/LI/9 OZOZ/£I/9 OZOZ/6/9 OZOZ/S/9 OZOZ/I/9 OZOZ/8Z/S OZOZ/17Z/S ozoz/oz/s OZOZ/9I/S OZOZ/ZI/S OZOZ/8/S 0707/i7/S OZOZ/0£/t7 OZOZ/9Z/ti OZOZ/ZZ/t OZOZ/8I/t7 OZOZ/17I/t7 OZOZ/OI/t7 OZOZ/9/t7 OZOZ/Z/i7 OZOZ/6Z/E OZOZ/SZ/£ OZOZ/IZ/£ OZOZ/LI/£ OZOZ/£I/£ OZOZ/6/£ OZOZ/S/£ N 0 NAY ear as atc • r • ista ce s • r s 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 July 15, 2020 DATE: July 9, 2020 FROM: Holly Harris, Health Services, TITLE OF AGENDA ITEM: Consideration of IMPACTS Grant Acceptance to Permit Extension of Deschutes County Stabilization Center Hours to 24/7 for a Period of Two Years. ATTENDANCE: Holly Harris, Behavioral Health Manager 1../C r I EA in(i- July 10, 2020 To Whom It May Concern, Deschutes County Health Services was awarded $2,403,519.52 for the biennium from the Oregon Criminal Justice Commission IMPACTS grant. 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 will 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 enhance our ability to divert individuals from the emergency department and the jail. In addition, these funds will provide a Case Manager and a Peer Support Specialist to the Forensic Assertive Community Treatment (FACT) Team who will work to divert individuals with mental health issues who are committing low level crimes out of the criminal justice system. DCHS is requesting approval to accept this grant award and hire 11 FTE. Thank you for your consideration. Sincerely, Holly 2577 NE Courtney (:)rive, Bend, Oregon 97.701 (541) 322-7500 @7a he7lthser i es Deschutes .org www.dcschutes.org/health 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 July 15, 2020 DATE: June 17, 2020 FROM: Whitney Hale, Administrative Services, 541-330-4640 TITLE OF AGENDA ITEM: Statewide Transportation Improvement Fund (STIF) Update and Project Modification Request BACKGROUND AND POLICY IMPLICATIONS: Andrea Breault, Interim Transportation Director for Cascades East Transit (CET), will provide the Board an update on implementation of Deschutes County's Statewide Transportation Improvement Fund (STIF) projects and will also request Board consideration of moving funding from STIF Project #40 to STIF Project #26. As background, Section 122 of HB 2017 Transportation Funding Package established a new dedicated source of funding for improving or expanding public transportation service in Oregon. This new funding source is called the Statewide Transportation Improvement Fund, or STIF. The Oregon "transit tax" is a state payroll tax equal to one -tenth of 1 percent. The Transit Tax is the sole revenue source for STIF. Deschutes County's STIF plan was approved by ODOT in September 2019. STIF Project #26 provides $200,000 worth of funding to replace CET's fleet technology system. This technology system will allow CET to implement new micro -transit service models, real-time transit information, mobile applications and same -day reservations. CET is currently requesting proposals for this new technology system and finding out that the costs exceed what was projected in the STIF Plan. Therefore, CET is requesting BOCC support to move $270,000 from STIF Project #40, which calls for "Support for On -Demand Dispatch Technology" to Project #26. Project #40 calls for building a first/last mile transit service, to address concerns on connectivity and micro -mobility. Unfortunately, execution of Project #40 is not possible without Project #26 being fully implemented. Specifically, the technology which allows for the first/last mile reservation system is embedded in Project #26. FISCAL IMPLICATIONS: None ATTENDANCE: Andrea Breault, Cascades East Transit (ES 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 July 15, 2020 DATE: FROM: Janice Garceau, Health Services, TITLE OF AGENDA ITEM: Consideration of Acceptance of SAMHSA Grant Funds for Comprehensive Community System of Care Expansion of Services for Children with Serious Emotional Disturbances RECOMMENDATION & ACTION REQUESTED: Staff request approval to accept the grant award. BACKGROUND AND POLICY IMPLICATIONS: On April 3, 2019, the Board of County Commissioners approved Deschutes County Health Services' (DCHS) request to apply for Substance Abuse and Mental Health Administration's (SAMHSA) Grants for Expansion and Sustainability of the Comprehensive Community Mental Health Services for Children with Serious Emotional Disturbances. On June, 22, 2020, DCHS received notice from SAMHSA that we have been awarded this grant. These grant funds will help DCHS's Intensive Youth Services program meet contractual requirements for standing up the System of Care governance initiative. The additional FTE will enable us to meet fidelity requirements for the integration of first episode psychosis and young adult services into the system of care and will allow us to meet Wraparound Fidelity staff ratios. The contractual requirement is 15 clients to one care coordinator, while our Intensive Youth Services staff -to -client ratio averages 25 clients to one care coordinator. FISCAL IMPLICATIONS: The grant award is $1,000,000 per year for four years, from August 31, 2020 to August 30, 2024. Grant award recipients are required to provide the statutory match of $3 Federal to $ 1 non Federal. Matching resources may be in cash or in -kind; existing FTE may be contributed as in kind match. DCHS intends to apply existing program salaries as the -kind match. The key personnel for this program will be the local Project Director and the Lead Family Coordinator. Both of these positions are existing staff. Six additional FTE will support the delivery of Wraparound services, and data collection and analysis. Grant funds will also cover the purchase of two vehicles, training and supplies, and contract dollars for youth crisis services provided by current contractor. FTE associated with this grant: • 1.0 FTE BH Supervisor as Project Director (existing staff, in -kind match — not grant funded) • 1.0 FTE BHS I Lead Family Care Coordinator (existing staff, in -kind match — not grant funded) • 1.0 FTE BH Supervisor for new Wraparound Team (additional FTE requested) • 1.0 FTE Clinical Information Systems Analyst (additional FTE requested) • 3.0 FTE BHS I Care Coordinators (additional FTE requested) • 3.0 FTE Peer Support Specialist (additional FTE requested) ATTENDANCE: Elizabeth Renteria Holden, Comprehensive Care for Youth and Families Program Manager Notice of Award System of Care Expansion and Sustainability Grants Issue Date: 06/22/2020 Department of Health and Human Services Substance Abuse and Mental Health Services Administration Center for Mental Health Services Grant Number: 1H79SM082952-01 FAIN: H79SM082952 Program Director: Elizabeth Holden Project Title: Deschutes County Comprehensive Community System of Care Expansion of Services for Children with Serious Emotional Disturbances Organization Name: COUNTY OF DESCHUTES Business Official: Dr. George Conway Business Official e-mail address: george.conway©deschutes.org Budget Period: 08/31/2020 — 08/30/2021 Project Period: 08/31/2020 — 08/30/2024 Dear Grantee: The Substance Abuse and Mental Health Services Administration hereby awards a grant in the amount of $1,000,000 (see "Award Calculation" in Section I and "Terms and Conditions" in Section III) to COUNTY OF DESCHUTES in support of the above referenced project. This award is pursuant to the authority of Sections 561-565 of the PHS Act, as amended and is subject to the requirements of this statute and regulation and of other referenced, incorporated or attached terms and conditions. Award recipients may access the SAMHSA website at www.samhsa.gov (click on "Grants" then SAMHSA Grants Management), which provides information relating to the Division of Payment Management System, HHS Division of Cost Allocation and Postaward Administration Requirements. Please use your grant number for reference. Acceptance of this award including the "Terms and Conditions" is acknowledged by the grantee when funds are drawn down or otherwise obtained from the grant payment system. If you have any questions about this award, please contact your Grants Management Specialist and your Government Project Officer listed in your terms and conditions. Sincerely yours, Eileen Bermudez Grants Management Officer Division of Grants Management See additional information below Page-1 SECTION I — AWARD DATA —1 H79SM082952-01 Award Calculation (U.S. Dollars1 Personnel(non-research) Fringe Benefits Equipment Travel Supplies Contractual Other Direct Cost Indirect Cost Approved Budget Federal Share Non -Federal Share Cumulative Prior Awards for this Budget Period AMOUNT OF THIS ACTION (FEDERAL SHARE) SUMMARY TOTALS FOR ALL YEARS YR AMOUNT 1 2 3 4 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $425,695 $272,233 $58,000 $6,258 $14,088 $45,000 $93,420 $914,694 $85,306 $1,430,398 $1,000,000 $430,398 $0 $1,000,000 *Recommended future year total cost support, subject to the availability of funds and satisfactory progress of the project. Fiscal Information: CFDA Number: EIN: Document Number: Fiscal Year: IC SM CAN C96J558 93.104 1936002292A4 20SM82952A 2020 Amount $1,000,000 IC CAN 2020 2021 2022 2023 SM C96J558 $10 ,00,000 $1,000,000 $1,000,000 $1,000,000 SM Administrative Data: PCC: CMHI20 / OC: 4145 SECTION II — PAYMENT/HOTLINE INFORMATION —1 H79SM082952-01 Payments under this award will be made available through the HHS Payment Management System (PMS). PMS is a centralized grants payment and cash management system, operated by the HHS Program Support Center (PSC), Division of Payment Management (DPM). Inquiries regarding payment should be directed to: The Division of Payment Management System, PO Box 6021, Rockville, MD 20852, Help Desk Support — Telephone Number: 1-877-614-5533. The HHS Inspector General maintains a toll -free hotline for receiving information concerning Page-2 fraud, waste, or abuse under grants and cooperative agreements. The telephone number is: 1- 800-HHS-TIPS (1-800-447-8477). The mailing address is: Office of Inspector General, Department of Health and Human Services, Attn: HOTLINE, 330 Independence Ave., SW, Washington, DC 20201. SECTION III — TERMS AND CONDITIONS —1 H79SM082952-01 This award is based on the application submitted to, and as approved by, SAMHSA on the above -title project and is subject to the terms and conditions incorporated either directly or by reference in the following: a. The grant program legislation and program regulation cited in this Notice of Award. b. The restrictions on the expenditure of federal funds in appropriations acts to the extent those restrictions are pertinent to the award. c. 45 CFR Part 75 as applicable. d. The HHS Grants Policy Statement. e. This award notice, INCLUDING THE TERMS AND CONDITIONS CITED BELOW. Treatment of Program Income: Use of program income — Additive: Recipients will add program income to funds committed to the project to further eligible project objectives. Sub -recipients that are for -profit commercial organizations under the same award must use the deductive alternative and reduce their subaward by the amount of program income earned. In accordance with the regulatory requirements provided at 45 CFR 75.113 and Appendix XII to 45 CFR Part 75, recipients that have currently active Federal grants, cooperative agreements, and procurement contracts with cumulative total value greater than $10,000,000 must report and maintain information in the System for Award Management (SAM) about civil, criminal, and administrative proceedings in connection with the award or performance of a Federal award that reached final disposition within the most recent five-year period. The recipient must also make semiannual disclosures regarding such proceedings. Proceedings information will be made publicly available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)). Full reporting requirements and procedures are found in Appendix XII to 45 CFR Part 75. SECTION IV — SM Special Terms and Conditions —1 H79SM082952-01 REMARKS New Award 1. This Notice of Award (NoA) is issued to inform your organization that the application submitted through the funding opportunity Grants for Expansion and Sustainability of the Comprehensive Community Mental Health Services for Children and Families Program with Serious Emotional Disturbances (FOA SM20-007) has been selected for funding. This award reflects conditional approval of the budget submitted January 27, 2020 as part of the application by your organization. 2. Recipients are expected to plan their work to ensure that funds are expended within the 12-month budget period reflected on this Notice of Award. If activities proposed in the approved budget cannot be completed within the current budget period, SAMHSA cannot guarantee the approval of any request for carryover of remaining unobligated funding. 3. All responses to award terms and conditions and post award amendment requests must be submitted as .pdf documents in eRA Commons. For more information on how to Page-3 respond to tracked terms and conditions or how to submit a post award amendment request please refer to https://www.samhsa.gov/grants/grants-training-materials under heading Grant Management Reference Materials for Grantees. 4. Register Program Director/Project Director (PD) in eRA Commons: If you have not already done so, you must register the PD listed on the HHS Checklist in eRA Commons to assign a Commons ID. Once the PD has received their Commons ID, please send this information to your Grants Management Specialist. You can find additional information about the eRA Commons registration process at https://era.nih.gov/reg_accounts/register_commons.cfm. 5. Key Staff Key staff (or key staff positions, if staff has not been selected) are listed below: Elizabeth Renteria Holden, Project Director @ 100% level of effort Suzanne Garliepp, Lead Family Coordinator @ 100% level of effort Organizations receiving Federal Funds may not exceed 100% level of effort for any program staff member (Key Staff or otherwise) across all federally funded sources. Any changes to key staff —including level of effort involving separation from the project for more than three months or a 25 percent reduction in time dedicated to the project —requires prior approval and must be submitted as a post -award amendment in eRA Commons. For additional information on how to submit a post -award amendment, please visit the SAMHSA website: https://www.samhsa.gov/grants/grants-management/post-award-changes. Any technical questions regarding the submission process should be directed to the eRA Service Desk: http://grants.nih.gov/support/. SPECIAL TERMS Risk Assessment The Office of Financial Advisory Services (OFAS), SAMHSA may perform an administrative review of your organization's financial management system. If the review discloses material weaknesses or other financial management concerns, grant funding may be restricted in accordance with 45 CFR 75/2 CFR 200, as applicable. The restriction will affect your organization's ability to withdraw funds from the Payment Management System account, until the concerns are addressed. Marijuana Term Grant funds may not be used, directly or indirectly, to purchase, prescribe, or provide marijuana or treatment using marijuana. Treatment in this context includes the treatment of opioid use disorder. Grant funds also cannot be provided to any individual who or organization that provides or permits marijuana use for the purposes of treating substance use or mental disorders. See, e.g., 45 C.F.R. § 75.300(a) (requiring HHS to "ensure that Federal funding is expended .. . in full accordance with U.S. statutory ... requirements."); 21 U.S.C. §§ 812(c)(10) and 841 (prohibiting the possession, manufacture, sale, purchase or distribution of marijuana). This prohibition does not apply to those providing such treatment in the context of clinical research permitted by the DEA and under an FDA -approved investigational new drug application where the article being evaluated is marijuana or a constituent thereof that is otherwise a banned controlled substance under federal law. Please email any related questions to MJQuestions@SAMHSA.HHS.GOV Disparity Impact Statement (DIS) Page-4 By October 30. 2020, submit via eRA Commons. The DIS should be consistent with information in your application regarding access, *service use and outcomes for the program and include three components as described below. Questions about the DIS should be directed to your GPO. Examples of DIS can be found on the SAMHSA website at: https://www.samhsa.gov/grants/grants-management/disparity-impact- statement *Service use is inclusive of treatment services, prevention services as well as outreach, engagement, training, and/or technical assistance activities. The disparity impact statement consists of three components: 1. Proposed number of individuals to be served and/or reached by subpopulations in the grant implementation area should be provided in a table that covers the entire grant period. The disparate population(s) should be identified in a narrative that includes a description of the population and rationale for how the determination was made. 2. A quality improvement plan for how you will use your program (GPRA) data on access, use and outcomes to monitor and manage program outcomes by race, ethnicity and LGBT status, when possible. The quality improvement plan should include strategies for how processes and/or programmatic adjustments will support efforts to reduce disparities for the identified sub - populations. 3. The quality improvement plan should include methods for the development and implementation of policies and procedures to ensure adherence to the Enhanced Culturally and Linguistically Appropriate Services (CLAS) Standards and the provision of effective care and services that are responsive to: a. Diverse cultural health beliefs and practices; b. Preferred languages; and c. Health literacy and other communication needs of all sub -populations within the proposed geographic region. All responses to award terms and conditions must be submitted as .pdf documents in eRA Commons. For more information on how to respond to tracked terms and conditions please refer to https://www.samhsa.gov/grants/grants-traininq-materials under heading How to Respond to Terms and Conditions. SPARS All SAMHSA recipients are required to collect and report certain data so SAMHSA can meet its obligation under the Government Performance Results Act (GPRA) Modernization Act of 2010. These data are gathered using SAMHSA's Performance and Accountability Reporting System (SPARS). CMHI recipients are required to collect and report two types of data: one data set (infrastucture or IPP) is reported on a quarterly basis; the second data set is for the national outcome measures (NOMS) and data are collected and reported at baseline (i.e., upon entry of each client into the project), at six-month followup and at discharge. Recipients are required to do the following: (1) Complete SPARS Annual Goals training and enter NOMS and IPP annual goals data into SPARS by November 30, 2020. (2) NOMS Data: Begin entering NOMS baseline interview data into SPARS within 5 days after completion of each intake interview; conduct a NOMs reassessment interview six months following the intake interview and every 6 months thereafter; and complete a Clinical Discharge NOMS interview at the time of client discharge and enter these data into SPARS. (3) IPP Data: Collect and begin reporting IPP data into SPARS during the 2nd quarter (January Page-5 - March 2021) and quarterly thereafter. Information about SPARS training and data reporting will be provided post -award. SPECIAL CONDITIONS Revised Detailed Budget with Narrative Justification and SF-424A By September 30, 2020, submit via eRA Commons. 1. Fringe Rates: The individual rates charged for fringe all differ from the detailed fringe benefits rate of 28.1 % (plus $19,384). Provide a detailed breakdown of all the elements/ components that comprise the fringe benefits rates. Show breakdowns for the fringe rate for each personnel separately if the rate does not apply uniformly to all personnel. 2. Travel, Registration Fees: Please move the Registration Fees to "Other" category for Year 2 and 4. 3. Equipment- Vehicles ($58,000): Provide additional Narrative Justification including a discussion of lease vs. purchase options or a statement addressing whether it is feasible and/or cost effective to lease vs. purchase. 4. Contract: a. Evaluation Services: The rate @ $200/hour exceeds the Executive Level II Salary Limitation of $94.86 (based on 2080 hours per year), which applies to all subawards and subcontracts. Grant funds cannot be used to pay the direct salaries of individuals in excess of the Federal Executive Level II salary level. If the budgeted rates include costs other than direct salary, provide a detailed breakdown to show whether you are adhering to the Executive Schedule Level II limitation. If proposing an individual whose salary exceeds the Executive ccherlule Level II limitation anrrl yni it nrnani7ntinn will nay the PX"' . snInry frnm other sources of funds, please provide a detailed explanation in your narrative justification. b. GOBHI: The number of days in the Service column should be 50, not 75. Please correct accordingly. c. Youth Villages: The cost should be $14,350 ($2,050 per client x 7 clients), not $15,000. Please review your calculations and correct accordingly. 5. Other: a. Minor Facility Renovation: Renovation costs to existing facilities may be considered as Requests for Alterations and Renovations (A&R) but you will need to provide the following additional information. o Please indicate: o Whether there are any other sources of funds available to fund the A&R? o Whether there are any other programs within this facility? If so, then provide calculations to show how you arrived at SAMHSA's fair share of the A&R for this grant. b. Rent: There are several offices indicated on your floor plan and office space cost is typically already covered by indirect costs; however, if the space is a programmatic/service site expense, the cost may be a direct charge. Rent is calculated based on square footage usage or FTE and reflects SAMHSA's fair share of the space. You provided the lease agreement, however, review and respond to the Rent Questionnaire on the SAMHSA webpage: Rent Questions Worksheet (https://www.samhsa. gov/sites/default/files/rentq uestionsworksheet.docx). 6. Indirect Cost: Per FOA, the Modified Total Direct Costs (MTDC) excludes equipment, capital expenditures, charges for patient care, rental costs, participant support costs, and the portion of each sub -award (or contract) in excess of $25,000. Please review your Page-6 calculations and correct accordingly. 7. Submit a Revised Detailed Budget with narrative justification and SF-424A incorporating the revisions requested above. You may reallocate funds elsewhere in your budget for reasonable, allowable, and necessary grant costs/activities equal to but not exceeding the award amount on page 1 of your NoA. In section B Column 1 of your SF-424A, show only the federal funds requested for each budget category and use columns 2 through 4 to show cost sharing and matching. All responses to award terms and conditions must be submitted as .pdf documents in eRA Commons. For more information on how to respond to tracked terms and conditions please refer to https://www.samhsa.gov/grants/qrants-traininq-materials under heading How to Respond to Terms and Conditions. Marijuana Special Condition (States) By no later than September 30, 2020, please submit an attestation statement confirming compliance with the language below. For state grantees, language in attestation should read, "I certify that all sub recipients comply with the following language: Grant funds may not be used, directly or indirectly, to purchase, prescribe, or provide marijuana or treatment using marijuana. Treatment in this context includes the treatment of opioid use disorder. Grant funds also cannot be provided to any individual who or organization that provides or permits marijuana use for the purposes of treating substance use or mental disorders. See, e.g., 45 C.F.R. § 75.300(a) (requiring HHS to "ensure that Federal funding is expended ... in full accordance with U.S. statutory ... requirements."); 21 U.S.C. §§ 812(c)(10) and 841 (prohibiting the possession, manufacture, sale, purchase or distribution of marijuana). This prohibition does not apply to those providing such treatment in the context of clinical research permitted by the DEA and under an FDA -approved investigational new drug application where the article Bing a valuated is marijuana or a constituent thereof that is otherwise a banned controlled substance under federal law. The attestation statement must be on letterhead and signed by the Authorized Representative or Business Official. Please email any related questions to MJQuestions(�SAMHSA.HHS.GOV All responses to award terms and conditions must be submitted as .pdf documents in eRA Commons. For more information on how to respond to tracked terms and conditions please refer to https://www.samhsa.gov/qrants/grants-traininq-materials under heading How to Respond to Terms and Conditions. All previous terms and conditions remain in effect until specifically approved and removed by the Grants Management Officer. STANDARD TERMS AND CONDITIONS Annual Federal Financial Report (SF-425) By November 30, 2021, submit via eRA Commons. The Federal Financial Report (FFR) (SF-425) is required on an annual basis and should reflect only cumulative actual Federal funds authorized and disbursed, any non -Federal matching funds (if identified in the Funding Opportunity Announcement (FOA)), unliquidated obligations incurred, the unobligated balance of the Federal funds for the award, as well as program income generated during the timeframe covered by the report. Additional guidance to complete the FFR can be found at http://www.samhsa.gov/grants/grants-management/reporting- requirements. Page-7 FFR reporting must be entered directly into the eRA Commons system. Instructions on how to submit a Federal Financial Report (FFR) via the eRA Commons is available at https://www. samhsa. gov/sites/default/files/how-to-submit-a-samhsa-ffr.pdf. Annual Programmatic Progress Report By November 30, 2021, submit via eRA Commons. The Programmatic Report is required on an annual basis and must be submitted as a .pdf to the View Terms Tracking Details page in the eRA Commons System no later than 90 days after the end of each 12-month budget period. The Annual Programmatic Report must, at a minimum, include the following information: o Data and progress for performance measures as reflected in your application regarding goals and evaluation activities. o A summary of key program accomplishments to -date. o Description of the changes, if any, that were made to the project that differ from the application for this incremental period. o Description of any difficulties and/or problems encountered in achieving planned goals and objectives including barriers to accomplishing program objectives, and actions to overcome barriers or difficulties. Note: Recipients must also comply with the GPRA requirements that include the collection and periodic reporting of performance data as specified in the FOA or by the Grant Program Official (GPO). This information is needed in order to comply with PL 102-62, which requires that Substance Abuse and Mental Health Services Administration (SAMHSA) report evaluation data to ensure the effectiveness and efficiency of its programs. The response to this term must be submitted as .pdf documents in eRA Commons. Please contact your rnvernment Program Offriai (GPO) for program specific submission information. For more information on how to respond to tracked terms and conditions please refer to https://www.samhsa.qov/grants/qrants-traininq-materials under heading How to Respond to Terms and Conditions. Additional information on reporting requirements is available at https://www.samhsa.gov/grants/grants-management/reporting-requirements. Standard Terms for Awards Your organization must comply with the Standard Terms and Conditions for the Fiscal Year in which your grant was awarded. The Fiscal Year for your award is identified on Page 2 of your Notice of Award. SAMHSA's Terms and Conditions Webpage is located at: https://www. samhsa. gov/grants/grants-management/notice-award-noa/standard-terms- conditions. Compliance with Award Terms and Conditions FAILURE TO COMPLY WITH THE ABOVE STATED TERMS AND CONDITIONS MAY RESULT IN ACTIONS IN ACCORDANCE WITH 45 CFR 75.3 71, REMEDIES FOR NON- COMPLIANCE AND 45 CFR 75.372 TERMINATION. THIS MAY INCLUDE WITHHOLDING PAYMENT, DISALLOWANCE OF COSTS, SUSPENSION AND DEBARMENT, TERMINATION OF THIS AWARD, OR DENIAL OF FUTURE FUNDING. All previous terms and conditions remain in effect until specifically approved and removed by the Grants Management Officer. Page-8 Staff Contacts: Eric Lulow, Program Official Phone: 240-276-1782 Email: Eric.Lulow@samhsa.hhs.gov Anna Pham, Grants Specialist Phone: 240-276-0551 Email: Anna.Pham@samhsa.hhs.gov Page-9 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 July 15, 2020 DATE: July 8, 2020 FROM: Peter Russell, Community Development, 541-383-6718 TITLE OF AGENDA ITEM: Board letter of support to City of La Pine for the City's $250,000 TGM grant application to do area planning for 368 acres of County -owned property in New Neighborhood RECOMMENDATION & ACTION REQUESTED: Decide whether to provide a requested letter of support BACKGROUND AND POLICY IMPLICATIONS: The Board has discussed in several previous work sessions the request by City of La Pine for the Board to provide a letter of support for the City's application to ODOT/DLCD Transportation !:`rnu,fh AAanaremenf /TI AAl grant program. The two-year grant which has a vv vvvu1 Inw ItayvI iwIn i v.v./ grant 1t Navy. to ii. .11a+ trry yta.0 grant, 1t, •YI IIVII � tav aw current requested amount of $250,000, would fund the following for the 368 acres of County - owned property in the area known as the New Neighborhood, roughly between US 97, Burgess, and Huntington. At the broad scale the project would: a) review of City comprehensive plan; b) review of City's development code; c) public outreach for community's desire for land use development, including mix of housing types and potential neighborhood commercial; d) identify corridors for bike/ped paths and/or transit; e) potentially draft new La Pine Comprehensive Plan policies to achieve community's desired outcome; f) potentially draft new La Pine development code to achieve community's desired outcome; g) provide findings for plan amendment to submit to the City of La Pine, including addressing the Transportation Planning Rule (TPR). County staff has reached out to City of La Pine staff to have, if available, City staff and/or City mayor or council members to attend to clearly express the City's views on the future development of the County -owned property.. FISCAL IMPLICATIONS: The TGM grant requires a 12% match ($30,000) which would be met by in -kind services by City and County staff. ATTENDANCE: Kristie Bolliner, Deschutes County Property Management Potentially City of La Pine staff and/or council member(s) 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 July 15, 2020 DATE: July 1, 2020 FROM: Zechariah Heck, Community Development, 541-385-1704 TITLE OF AGENDA ITEM: PUBLIC HEARING: Nonprime Resource Land Amendments BACKGROUND AND POLICY IMPLICATIONS: The Board of County Commissioners will conduct a continued public hearing concerning a legislative proposal to establish eligibility criteria in the Comprehensive Plan for six rural residential areas currently designated Exclusive Farm Use or Forest Use to Nonprime Resource Lands. FISCAL IMPLICATIONS: None ATTENDANCE: Zechariah Heck, Associate Planner; Nick Lelack, CDD Director. M Hti i l } N ii ;` MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Zechariah Heck, Associate Planner DATE: July 1, 2020 SUBJECT: Nonprime Resource Lands Amendment - Continued Public Hearing The Board of County Commissioners (Board) will conduct a continued public hearing on July 15, 2020 at approximately 10:00 a.m. in the Deschutes Services Center, Barnes and Sawyer rooms concerning a legislative proposal to establish eligibility criteria in the Comprehensive Plan for six rural residential areas currently designated Exclusive Farm Use (EFU) or Forest Use to Nonprime Resource (NPR) Lands.' Notice of the hearing was published in The Bulletin and mailed to those with standing and to owners of the subject properties. The notice included information the hearing will be conducted in -person, as well as electronically and by phone. I. ZOOM PUBLIC HEARING INFORMATION Community members planning to provide comments on this agenda item are invited to participate in this meeting via Zoom. The Zoom meeting ID and password are provided below. Upon entering the Zoom meeting, participants will automatically be placed on hold and in the waiting room. Once the Board is ready to hear public comments on this item, participants will be unmuted one -by -one and enabled to share comments live through the Zoom program. Computer - please click this URL to join: https://us02web.zoom.us/I/81574213315?pwd=d1pBMOw4RkQ5ckJmcG9KY0pHV3RKZzO9 Password: 931827 Phone - Listen and participate: Dial: 669 900 6833 Webinar ID: 815 7421 3315 Email comments prior to the meeting at 9:00 a.m. to Zechariah.heck@deschutes.org. 1 Nonprime Resource Lands are defined in Oregon Administrative Rules (OAR) 660-004-0005(3) as "Non Resource Lands." 117 NW Lafayette Avenue, Bend, Oregon 97703 I P.O. Box 6005, Bend, OR 97708-6005 (541) 388-6575 @ cdd@deschutes .org www.deschutes.org/cd II. PROPOSAL The NPR Lands proposal amends the Comprehensive Plan to establish eligibility criteria for six rural residential areas. A matrix at the conclusion of this memo lists the proposed goals and policies. These areas are legacy residential developments as they were platted or conveyed prior to State enabling planning legislation taking effect in Deschutes County. They are subject to strict EFU or Forest Use zoning requirements dictated by State law that affect the siting of new dwellings, remodels, additions and accessory structures. The six subject properties are: • Haner Park • Squaw Creek Canyon Recreation Estates • Section 36 (Township 22, Range 10) 1st Addition • Skyline Subdivision • Meadow Crest Acres Subdivision • 1st Addition to Skyline Subdivision Upon adoption and acknowledgement, the intention is for Deschutes County to initiate a subsequent legislative amendment to adopt a Nonprime Resource Lands-10 zone, based on the proposed eligibility criteria, that applies solely to the six rural residential areas. The new zone would allow rural residential uses outright. III. BACKGROUND NPR Lands are areas with an exceedingly low capacity to be managed for commercial agriculture and forestry activities. They do not meet the definitions of either agricultural lands or forest lands found in state law due to the presence of poor SoII conditions, a lack of irrigation, climate conditions and other relevant factors, including but not limited to past land use. Based on these circumstances, NPR Lands do not warrant an agricultural or forest land designation and should be made available for other uses since they differ from Rural Residential Exception Areas and other rural areas not planned and zoned for farm and forest activities. IV. LEGISLATIVE PROCESS The proposed amendments were initiated in March 2019. The Planning Commission began the legislative process by holding open houses throughout the county in April 2019. Two public hearings and several deliberations followed the open houses. On July 9, 2019 the Planning Commission recommended by a 5- 1 vote to support the Comprehensive Plan amendments to establish criteria that would enable Deschutes County to establish a NPR-10 zone and in a subsequent legislative process, rezone six rural residential areas to NPR-10. The Board tabled the amendments in August 2019 in order to request the Land Conservation and Development Commission (LCDC) initiate rulemaking at the state level pertaining to Non -Resource Lands. LCDC chose not to prioritize rulemaking during the 2019-2021 biennium. Subsequently, the Board gave Page 2 of 9 staff direction to bifurcate the two components of the NPR Lands proposal and pursue the amendments that focus exclusively on the six aforementioned residential areas.' The Board conducted their first hearing on November 18, 2019 to receive public testimony and consider the Planning Commission recommendation. The hearing was continued to January 15, 2020 with the record left open until January 22, 2020 for written testimony. Staff received comments from 1,000 Friends of Oregon (1,000 Friends) just before the close of the written record period that warranted a response regarding: • Procedural errors (ORS 197.610) • Soil classifications and agricultural land • Commercial timber utilization • Residential development in areas with insufficient wastewater treatments services Thus, the Board decided to reopen the oral and written record and set a date for a continued public hearing to April 1. At the Board's direction, notice was published in The Bulletin and mailed to those that participated in the hearing process and to property owners in the six subject residential areas. However, due to the COVID-19 pandemic, the April 1 public hearing was subsequently canceled. The Board directed staff on June 1 to set a date for a continued public hearing and send notice to parties of record as well as to property owners. As indicated above, July 15 was selected as the most appropriate date for the public hearing. V. RESPONSES TO 1,000 FRIENDS' TESTIMONY 'jrcS 197.610 Gordon Howard, Community Services Division Manager, Department of Land Conservation and Development (DLCD) responded to 1,000 Friends' claim that Deschutes County violated notice provisions to DLCD under ORS 197.610 (Attachment 11). He stated, "Given the lack of definitive case law on the subject, we can provide no guarantees or warranties regarding our advice on this issue. However, we would have no objection to a Deschutes County decision that the revised scope of this code change, as you described below, did not require re - notice as a substantial change to a proposed post -acknowledgment plan amendment. In looking at the general tenor of case law on this subject, we believe that your tentative decision on this matter is sound." Goal 3 - Agricultural Lands On February 25, 2020, Oregon State University Extension Agronomist Mylen Bohle inspected the two rural residential areas currently zoned EFU (i.e., Meadow Crest Acres and a portion of Squaw Creek 2 Originally, the legislative amendment contained Comprehensive Plan policies addressing two circumstances: 1) Identifying opportunities to re -designate six residential areas that were platted or conveyed prior to State enabling planning legislation taking effect in Deschutes County; and 2) Establishing eligibility criteria to re -designate EFU or Forest Use zoned properties to NPR Lands. Page 3 of 9 Canyon Recreation Estates 1st Addition). Mr. Bohle's report - submitted on March 5, 2020 - states the properties in both subdivisions experience significant difficulties for agricultural production (Attachment 9). The report highlights the following key elements as barriers: • No irrigation water • Average lot size too small • Amount of dense, small -diameter pine trees to remove • Amount of rock to remove • Economy of scale (i.e., cost of harvest on small lot) • Cost of feed for livestock • Cost of heat for greenhouse production Mr. Bohle's report concludes it would be "very improbable" for a property owner to engage in an agricultural enterprise on any one of the lots in Meadow Crest Acres or Squaw Creek Canyon Recreation Estates 1st Addition. Re: Goal 4 - Forest Lands On December 18, 2019, County Forester Ed Keith submitted an analysis of the economic potential of the five rural residential areas zoned Forest Use for commercial forestry operations. Mr. Keith's analysis concluded only a small-scale firewood business could exist on the subject properties. Such an operation would yield approximately $18.22 per acre on an annual basis for the most productive areas. Mr. Keith's conclusion was both misconstrued and challenged in the 1,000 Friends' testimony submitted on January 22, 2020. The 1,000 Friends letter states: "Ed Keith, County Forester, [explains] the lands subject to the plan amendments are available for commercial timber utilization... Mr. Keith excepts from his analysis Section 36, and therefore implies that Section 36 supports even greater commercial timber utilization." It goes on to suggest anything but a comprehensive analysis of each lot would be insufficient to determine the amendment's compliance with Statewide Planning Goal 4. On March 5, Mr. Keith submitted a response to the 1,000 Friends letter which includes an analysis at the individual tax lot level for all proposed NPR Lands zoned Forest Use (Attachment 8). Mr. Keith concludes: 'The overarching conclusion of the previous memo [submitted December 18, 2019] that carries forward to this memo is that while landowners could legally utilize timber growing on these properties for commercial uses, noted as most likely being firewood, due to equipment move in and other associated costs for timber harvest, it would neither be practical or profitable for them to do so." Mr. Keith's unrefuted analysis strongly suggests these areas are not suitable for commercial forest uses, now and into the future, including adjacent or nearby lands for forest operations and practices. Page 4 of 9 Goal 11 - Public Facilities The January 22, 2020 letter from 1,000 Friends also challenged testimony provided by Todd Cleveland, Deschutes County's Environmental Health Supervisor, regarding sufficient wastewater treatment services. Mr. Cleveland's original testimony states onsite wastewater treatment systems are not a significant limitation to residential uses on the subject property. However, 1,000 Friends' comments raise several points that inaccurately interpret Mr. Cleveland's testimony. For example, the 1,000 Friends letter suggests: • Meadow Crest Acres Subdivision has groundwater concerns • Alternative treatment technology is costly and the County shouldn't encourage development in areas where such septic systems may be necessary • Increased development is beyond the carrying capacity of the area • Some properties may not be able to obtain approval for any type of septic system Mr. Cleveland responded to 1,000 Friends' testimony on June 29, 2020 (Attachment 1) by reiterating the following: y!, • An approved site evaluation is required prior to construction regardless if the NPR amendments are approved • Most, if not all, of the subject properties could support an onsite wastewater treatment system (suitability is determined on a case -by -case basis) • Systems are not approved if there is a threat to public and environmental health UPDATED RECORDED In addition to the testimony described above, staff received one comment from the public since the last public hearing conclusion on January 22, 2020. The commenter, Nathan Gray, owns property in the Skyline Subdivision and supports the NPR Lands proposal (Attachment 3). Other documents are attached to ensure the complete record is provided to the Board. A copy of the full record is available online at www.deschutes.org/npr. VII. SUMMARY Oregon's land use system is misapplied to these six rural residential areas zoned EFU and Forest Use. Property owners must go through a lengthy and expensive process in order to exercise their property rights because of inappropriate zoning designations. The subject properties function as rural residential subdivisions. The State's Non -resource Lands program is a tool to alleviate this regulatory burden when properties do not meet the definitions of either agricultural lands or forest lands found in Statewide Planning Goals 3 and 4 and accompanying Oregon Revised Statutes and Oregon Administrative Rules due to the presence of poor soil conditions, a lack of irrigation, climate conditions and other relevant factors, including but not limited to past use. Deschutes County has attempted to address these factors for over a decade but been informed by DLCD that these rural residential areas are not eligible as: 1. Mapping errors, and, thus, cannot be addressed through the state's Big Look Bill, HB 2229, ORS 215.788; or Page 5 of 9 2. Exception lands because, according to OAR 660-004-0025(2), "Uses allowed by the applicable goal(s) to which an exception is being taken shall not be used to justify a physically developed exception".3 VIII. NEXT STEPS At the conclusion of the public hearing, the Board can: • Continue the hearing to a date certain; • Close the hearing and leave the written record open to a date certain; or • Close the hearing and commence deliberations or schedule to a later date. Attachments: 1. June 29, 2020 Todd Cleveland (Environmental Soils) additional comments 2. April 20, 2020 Carol Macbeth / Rory Isbell change of address notice 3. April 14, 2020 Nathan Gray (property owner) comment 4. March 24, 2020 Notice of April 1 hearing cancellation 5. March 10, 2020 Notice of Hearing (resent) to Chuck Humphrey (party of record) 6. March 10, 2020 The Bulletin affidavit of publication 7. March 9, 2020 Staff email to Paul Lipscomb (party of record) S. March 5, 2020 Ed Keith (County Forester) additional comments 9. March 2, 2020 Mylen Bohle (OSU Extension Agronomist) testimony 10. March 2, 2020 Staff email to DLCD regarding notice 11. January 24, 2020 Gordon Howard, DLCD response 12. January 14, 2020 Tyler Neese (Central Oregon Assoc. of Realtors) comments 3 Residential development is permitted on the subject properties through a Conditional Use process. Page 6 of 9 of w 0 N v bp co a and Policy Amendments Nonprime Resource Lands Proposed Comprehensive Plan Goa Addresses Goal 7 - Natural Hazards 14- in C aJ no o § ai v in 4--, C O- c 'c-5 4.-, >' O 0_ c C -4 VI C a] O a) E CD_ cu0 u 0_ u aJ n3 aJ L � > L 4F CU alC 4O-, 4-1 o ca 0 E 0 v .O aJ aJ L...rco w D rho a N CU ut aJ E o 7 .0 Q..., J �--+ O v aJ C CU Z L 0_c O c 0O_ O O N ce ° u O ' aJ c c E ._ 7 O 7 'L -O VI v O- 0. O aJ aJ o CO aa) 4....c v O v; 0 0 a v c C aJ ow N r0 .0 �- ° aJ CUCC +- u O MI ut t�'0 7 (00 S.-4...,CS O C 0 roaJ CU ._ ro 70 L V1 v 0_ C a1 0_ to o ° v, co C to a v v L C vi ° CUcu > 0 0O > ut E aJ 0o c O al O a0 N L O o in 4-) - l�J 4-' a1 L1 v aJ ro 7 0_ 7 L aJ - E E a co N 8 Zi c a' "ma) (-0 0 0-D no o C O (0 4-, r6 E L N to C - 0_ u • O aJ ° N L aJ j_ i Vf c _c -o o .c 4-' 1- 0 r0 VI c c a1 • ON ro Q u Nonprime Resource Lands - Legacy Residential Policies Purpose Statement MS co 0 0) CO CCU 0 L N r..i -O 4- c o c a v c o N 0 5. O N aJo O > r0 a Vl 4--+ C C ° N N r Q 7 O O cL v a a Z Z • 0) C 0 N C) ra aJ u O v 'C 4J G 3 c O o — Z ro Ensures no future conflicting uses. > aaJ L x CU 75 C O u > by 7 N X 0J "0 aJ CU bbo To j_' E C c o VI L aJ N u 0_ L ns L cu 0_ CU O C 0- N �6 -O u '0 -0 7 c 0_"0 r0 N .c V C 9— -O 0 c u (0 C OC El-) v O C- u .0 a) o c _c nl VI 73 a 3 O _cO L > v c - O 'ao ° N C O c ut C aJ c J cE O a1 ` O - O Co CU v ce v ata E C 0_ c E O "0 _c+�' Z v c 'C V) CU v 0_ 0 0_ bA C 0 0 4- aJ c y O L i-/ ® v Z3 c o > in aJ aJ Ca >, .- TO � w MI L- .v) Q ro C c C co N Q u 0.1 N aJ 7 +-, -O i V1 C r0 J) C r0 0_ LJ C C 0 -I u 0 0 c v N •) •> u 7 ca aJ ° -o - CL v 3 v' v1 u ri a) ro O aJ Q) L E v C .0 C( v >+ a 7 rca C aJ O 0 Z LL aJ J c aJ I- 0 ro .0 u -6 v , Section 36, Township 22S, Range 10E The properties identified in Policy 3.11.5 are not eligible for a land division. V! Lam.., 0 ro CO n O t_J L 0_ a O 'O CU ' aJ n u 3 _c O aJ -O N d' aJ :-' L 7 aJ o _c c E cE7a u N - c ID aJ •L aJ r0 E O 0_ o vi O 113 O ,J 0 - 4...'N (n -1 0 ,, L c C to 4-, a-.' N co c _c c u o 3 o N o b c vi co _o L....O 7 ° E O in c aJ V) N r j -C L. c aJ u _c 0 v < ± 0_ 7 a) aJ c aJ C U O z to t6L ao 4 0 � aJ c 7 a3 Q c 0 .� aJ N .6 -0 bo 2 E aJ N v1 .c EJ ra�O V .�' aJ -° C IA J W 0 VI ON 7 N § / k # 0 0 / k 2 / a [ 2 aJ C/ La X % 3 c E 0LCO / 0 3) &// ° c 0 m e 0 5 ®E0 c(13 0 -0 ( D r { /cr( S / ) 0 0 OD Q / \ / 0_ ƒ 2 / z u 2 / ¥ \ u \ ATTACHMENT 1 COMMUNITY DEVELOPMENT To: Board of County Commissioners c/o Zechariah Heck, Associate Planner From: `;Todd Cleveland, Environmental Health Supervisor, Environmental Soils Division Date: June 29, 2020 Subject: Additional Comments on Nonprime Resource Lands — Onsite Wastewater Treatment Systems In order to clarify my previous comments, I wish to keep them as simple as possible. Regardless of location, all properties proposed to have development require an approved site evaluation prior to plat approval or being issued a construction permit. Based on my review of the subject properties, I expect that most if not all areas identified will be able to be approved for a proper onsite wastewater treatment system. This is the case for the subject properties whether the proposed Nonprime Resource Lands amendments are approved or not. When we issue an approval for a system, it is to meet minimum standards to serve a single family dwelling (or proposed use) over at least a 20 year life with a complete replacement area. The approved system will serve the use while protecting public health and the environment based on current rules and our experience in an area. If there is no system that can properly protect public health, natural resources or the environment on a property, Environmental Soils staff will deny the site for any type of onsite system. 117 NW Lafayette Avenue, Bend, Oregon 97703 I P.O Box 6005, Bend, OR 97708-6005 Z: (541) 388-6575 @ cdd©deschutes .org www.deschutes.org/cd ATTACHMENT 2 Zechariah Heck From: Carol Macbeth <carol@colw.org> Sent: Monday, April 20, 2020 8:02 PM To: Zechariah Heck Cc: Rory Isbell Subject: LandWatch address Attachments: 2020-04-20_151642 Nonresource doc.pdf [EXTERNAL EMAIL] Hi Zechariah, Hope alll's well with you! LandWatch has moved, and our new address is 2843 NW Lolo Drive, Bend, OR 97703. Can you update the record to reflect our new address? Thanks! Best, Carol Macbeth Carol Macbeth Staff Attorney Central Oregon LandWatch i ATTACHMENT 3 Zechariah Heck From: Nathan Gray <nathan@thebedouins.org> Sent: Tuesday, April 14, 2020 9:18 AM To: Zechariah Heck Subject: Re: Skyline Subdivision 1st Addition [EXTERNAL EMAIL] Definitely, our address is: Nathan & Euijin Gray 61558 River Rd. Thanks! On Apr 14, 2020, at 8:00 AM, Zechariah Heck <Zechariah.Heck@deschutes.org> wrote: Thanks for the comment, Nathan. Please provide your mailing address if you would like to receive notices regarding upcoming meetings and decisions. Zechariah Heck From: Nathan Gray <nathan@thebedouins.org> Sent: Monday, April 13, 2020 10:16 PM To: Zechariah Heck <Zechariah.Heck@deschutes.org> Subject: Skyline Subdivision 1st Addition [EXTERNAL EMAIL] Hi Zechariah, I would like to submit a written response to the proposal which will rezone our Skyliners neighborhood. I believe this historic neighborhood is a very beautiful community, filled with amazing people and many awesome wilderness lands to explore out our front door. Land use is a tricky subject in the sense there are infinite ways to approach the use of land and an equal number of voices exerting what is right. I am no resource lawyer but I have lived through a couple conflicts where land use and control of land was a central factor in the conflict. The first was the gulf war of 1991 which shut down my school for a couple months and which sadly resulted in death, displacement and environmental destruction on a scale I had previously never seen. The second conflict over land that I experienced was the Palestinian Israeli conflict which unfortunately is yet to be resolved. I'll never forget biking through this region, weaving around the giant cement barrier walls and navigating the tense checkpoints where a gun pointed at my chest was now my reality. All this is to say we are very fortunate to call Bend home. I do not have a strong opinion either way of the most appropriate zoning for our Skyliner neighborhood due to a lack of understanding of the nuanced implications of such a proposed change. However I feel that the current zoning may not be appropriate for how the neighborhood has actually ATTACHMENT 3 progressed over the last 75 years or so. I am not aware of any existing commercial agriculture operations or timber operations in our neighborhood. A firewood operation as mentioned might be the only viable option or possibly a micro farm of some sort. I know in the past one neighbor was growing recreational marijuana but without any permits and not in a legal manner. In conclusion I trust that the individuals with deeper knowledge of the matters will make the best choices for everyone including the natural world. Thank you, Nathan Gray "Skyliners Is What Bend Was" 2 ATTACHMENT 4 Mailing Date: Tuesday, March 24, 2020 NOTICE OF PUBLIC HEARING CANCELLATION The Deschutes County Board of Commissioners CANCELLED the public hearing on April 1 2020 regarding the Nonprime Resource Lands amendments. A rescheduled hearing will be determined at a later date given the COVID-19 situation. Notice will be mailed to all parties of the record when a hearing date is rescheduled. Questions, comments, and concerns can be directed to Zechariah Heck, Associate Planner (contact information below). FILE NUMBER: 247-19-000265-PA APPLICANT: Deschutes County Community Development Department 117 NW Lafayette Avenue Bend, OR 97701 PROPOSAL: LOCATION: A proposal to establish eligibility Comprehensive Plan criteria for six specific areas currently designated Exclusive Farm Use or Forest Use to Nonprime Resource (NPR) Lands, defined in Oregon Administrative Rules (OAR) 660-004-0005(3) as "Non Resource Lands." The six legacy residential areas are: Haner Park, Section 36 (Township 22, Range 10), Skyline Subdivision and Skyline Subdivision 1st Addition, Squaw Creek Canyon Recreational Estates 1st Addition and Meadow Crest Acres Subdivision. STAFF CONTACT: Zechariah Heck, Associate Planner, zechh@deschutes.org, (541) 385-1704 DOCUMENTS: Can be viewed and downloaded from: http://www.deschutes.org/npr. 7 NVV L fayette Avenue Bend, Oregon 97703 P.O Box 6005, Benc.1, OR 97708-6005 (541) 88-6575 @ccid@deschutes .org vo.A.r,At.deschutes.org/cci ATTACHMENT 4 0. N 0 Portland, OR 97204 0 N a) V) H � Q> "0 "O QC N = N (73 M m Mary Kyle McCurdy / Scott Hilgenberg Redmond, OR 97756 3450 Butler Road Bend, OR 97703 63382 Fawn Lane Bend, OR 97703 20025 Rodeo Dr Keizer, OR 97303 4835 Noren Ave NE Bend, OR 97709 PO Box 431 La Pine, OR 97739 PO Box 2460 Melissa Bethel Redmond, OR 97756 411 SW 9th St Deborah McMahon Sisters, OR 97759 Patrick Davenport La Pine, OR 97739 Bend, OR 97701 Bend, OR 97708 PO Box 6005 Bend, OR 97708 PO Box 6005 Todd Cleveland Bend, OR 97702 Gary Marshall Sisters, OR 97709 17212 Pine Dr Bend, OR 97701 64940 19th St Vernonia, OR 97064 Bend, OR 97703 Z en .172 ar C O ar Z w VI Tr O Ln oo ct l0 l0 John Day, OR 97845 PO Box 653 Bend, OR 97703 Lebanon, OR 97355 1330 West Sherman N tt 4-, .-, V C L a) cn E o 0. o C a) O > N U 0 0 +U+ -O O c d 03 U C L U O LL U C N CO` OD 3m v a) CZ c in tn 0 W C A.> U QJ 0 CO U a) c U o 0 0 0 c a) O CO 'C O .� tE6 s3 E v c U U U ozs s o o m o I— Ni °) aJ J a) v a) C .r C U O Li O CO J O' VI 4-- ++ ++ .{.1 LJJ f6 W CO ][ QS sZ ar s 4 4- 4- w . . C -C ai Oo CT) v O L co H U o ,+�+ +>+ �^ o. vUi n H to O •� ns co 0 NiN Z ri m m m m U U U U U D 0 0 o W W W W W LLLL La Pine, OR 97739 16300 Hawks Lair Rd. Garner, Heath Sisters, OR 97759 67710 Lake Dr. Bend, OR 97703 Goldberg -Jaffe, Noah Bend, OR 97703 Goldner, Anne Bend, OR 97701 1 Gould, Nunzie La Pine, OR 97739 Bend, OR 97703 1929 NW Rivermist Dr m O U ri In M N 01 cc 0 a) U C a) a) a) a c 6525 Corvallis Rd C/O Carol Yetter, Member Haner Park, LLC La Pine, OR 97739 PO Box 650 La Pine, OR 97739 PO Box 559 Bend, OR 97702 60590 Groff Rd Sisters, OR 97759 P.O. Box 653 ATTACHMENT 4 La Pine, OR 97739 16205 Hawks Lair Bend, OR 97702 50 SW Bond St, Ste. 4 O U (0 ,_ a) 0 CO oiS 2 T -a ` c 0 c a) .0 = Bend, OR 97703 CC 0) Cl. E (0 a) H L(1 m d' O c c O 0s (0 0 0 U (0 Sisters, OR 97759 PO Box 1957 Y 0) 0) 0 0 • (0 La Pine, OR 97739 PO Box 2365 O. .c a C 0 1) c .L 0 Redmond, OR 97756 U 0) > 0 0 00 c 1. O Lit m N ri La Pine, OR 97739 15889 Davis Ave La Pine, OR 97739 PO Box 3156 Elmira, OR 97437 236643 Warthen Rd. Sisters, OR 97759 P.O. Box 579 (0 0 oZ$ c c O E O 0 O. 90956 S. Skinner a) 0) Ln 0) CO ( P.O. Box 7047 Meece, Brian Bend, OR 97701 Bend, OR 97702 19615 Tumalo Rim Ct Bend, OR 97703 18130 Tumalo Reservior Rd (a 0 c O 0) > >A 0 0) z Bend, OR 97702 18130 Tumalo Reservior Rd (13 0 c O 0L) c 0 _ 0 a) z Bend, OR 97702 61374 Parrell Road Sisters, OR 97759 PO BOX 579 T 0 C (o > T E i O 0 (� U '^ 0_ c J. (0 0) (0 = c C Q a LL 0 0 a) 0 c (0 a) (0 c (o -o co c 0 0 0) CD Bend, OR 97701 64025 Deschutes Market Rd La Pine, OR 97739 PO Box 933 Sisters, OR 97759 PO Box 1509 Chief Roger Johnson 0 .0 0 c 0 U a▪ ) 0 L 0. L LL (0 c (0 rn m N 01 CL 0 0) C 'a (a J PO Box 2458 Chico, CA 95928 0) (0 L L 0) 1- Sisters, OR 97759 a, a) L+ E O_ co ▪ 1- Bend, OR 97703 Bend, OR 97703 La Pine, OR 97739 PO Box 469 0) E LLJ T C CO o. O. La Pine, OR 97739 PO Box 3296 Bend, OR 97701 c 0 CC 0 (o > m O N N 01 CC 0 0 c a) a) m 0) c La Pine, OR 97739 U N U La Pine, OR 97739 16300 Hawks Lair Rd. G.) 0 C= E Sisters, OR 97759 69700 Lake Drive a) N w 0 La Pine, OR 97739 PO Box 621 ATTACHMENT 4 Bend, OR 97702 20903 Knott Rd Young, Cheryl & Danny ATTACHMENT 5 NOTICE OF PUBLIC HEARING Mailing Date: Tuesday, March 10, 2020 The Deschutes County Board of Commissioners will hold a continued public hearing on April 1, 2020, at approximately 10:00 a.m. in the Barnes and Sawyer Rooms of the Deschutes Services Center, 1300 NW Wall St., Bend, to consider the proposal described below. The Board is particularly interested in hearing from impacted property owners of the six residential areas described below. FILE NUMBER: 247-19-000265-PA APPLICANT: PROPOSAL: LOCATION: Deschutes County Community Development Department 117 NW Lafayette Avenue Bend, OR 97701 A proposal to establish eligibility Comprehensive Plan criteria for six specific areas currently designated Exclusive Farm Use or Forest Use to Nonprime Resource (NPR) Lands, defined in Oregon Administrative Rules (OAR) 660-004-0005(3) as "Non Resource Lands." The six legacy residential areas are: Haner Park, Section 36 (Township 22, Range 10), Skyline Subdivision and Skyline Subdivision 1st Addition, Squaw Creek Canyon Recreational Estates lst Addition and Meadow Crest Acres Subdivision. STAFF CONTACT: Zechariah Heck, Associate Planner, zechh@deschutes.org, (541) 385- 1704 DOCUMENTS: Can be viewed and downloaded from: http://www.deschutes.org/npr. STANDARDS AND APPLICABLE CRITERIA Title 22, Deschutes County Development Procedures Ordinance Chapter 22.12 Legislative Procedures Statewide Planning Goals Oregon Administrative Rules 660-004 - Interpretation of Goal 2 Exceptions Process 660-006 - Forest Land 660-033 - Agricultural Land Deschutes County Comprehensive Plan 1 7 NW I afayc9e Avenue ".end, Oregon 97703 I P.O. Box 6005, bend, OP 97708-6005 t' (5511( 88-5575 @ cdd(Uc0eschei es -01 vAA/ w.ciesc l intes.o g/cd ATTACHMENT 5 ALL INTERESTED PERSONS MAY APPEAR, BE HEARD, BE REPRESENTED BY COUNSEL, OR SEND WRITTEN SIGNED TESTIMONY. ALL WRITTEN REPLIES MUST BE RECEIVED BY THIS DEPARTMENT PRIOR TO THE HEARING DATE OR SUBMITTED AT THE HEARING. ANY PARTY TO THE APPLICATION IS ENTITLED TO A CONTINUANCE OF THE INITIAL EVIDENTIARY HEARING OR TO HAVE THE RECORD LEFT OPEN IN ACCORDANCE WITH SECTION 22.24.140 OF THE DESCHUTES COUNTY CODE. Failure to raise an issue in person at the hearing or in writing precludes appeal by that person to the Land Use Board of Appeals (LUBA). Failure to provide statements of evidence sufficient to afford the decision maker an opportunity to respond to the issue precludes appeal to LUBA based on that issue. Copies of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost. Copies can be purchased for 25 cents per page. The Planning Division is located in the Community Development Department Office at 117 NW Lafayette Avenue, Bend, Oregon. NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER. 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 the ADA Coordinator at (541) 617-4747. DOCUMENT SUBMISSION Any person may submit written comments on a proposed land use action. Documents may be submitted to our office in person, U.S. mail, or email. In Person U.S. Mail We accept all printed documents. Deschutes County Community Development Planning Division, Attn: Zechariah Heck P.O. Box 6005 Bend, OR 97708-6005 Email Email submittals must comply with the following guidelines or otherwise must be submitted as a paper copy: • Submission is 20 pages or less • Documents can be printed in black and white only • Documents can be printed on 8.5" x 11" paper Limitations • Deschutes County does not take responsibility for retrieving information from a website link or a personal cloud storage service. It is the submitter's responsibility to provide the specific information they wish to enter into the record. We will print the email which includes the link(s), however, we will not retrieve any information on behalf of the submitter. • Deschutes County makes an effort to scan all submittals as soon as possible. Recognizing staff availability and workload, there is often a delay between the submittal of a document to the record, and when it is available online. For this reason, the official record is the file that resides in the Community Development Department office. The electronic record online is not a substitute for the official record. • To ensure your submission is entered into the correct land use record, please specify the land use file number(s). Failure to raise an issue in person at a hearing or in writing precludes appeal by that person to the Land Use Board of Appeals (LUBA), and that failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue precludes appeal to LUBA based on that issue. Copies of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost. Copies can be purchased for 25 cents per page. Notice of the decision will be provided by a separate mailing. For more information or to request copies of the findings and decision, contact the assigned planner. NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER. This Notice was mailed pursuant to Deschutes County Code Chapters 22.20 and 22.24. ATTACHMENT 5 Humphreys, Chuck ATTACHMENT 6 Affidavit of Publication STATE OF OREGON, COUNTY OF DESCHUTES I, Tonya McKiernan, a citizen of the United State and a resident of the county aforesaid; I am over the age of eigh- teen years, and not part to or interested in the above -entitled matter. I am the principal clerk of the printer of The Bulletin 1777 SW CHANDLER AVE, BEND OR 97702 a daily newspaper of general circulation, published in the aforesaid county and state as defined by ORS 192.010 and ORS 192.020, that Acct Name: DESCHUTES COUNTY COMMUNITY DEV. PO Number: Public Hearing 4/01 Legal Description: Legal Notice NOTICE OF PUBLIC HEARING The Deschutes County Board of County Commissioners will hold a public hearing on April 1, 2020 at approximately 10:00 a.m. in the Barnes and Sawyer Rooms of the Deschutes Services Center, 1300 NW Wall St., Bend, to con a printed copy of which is hereto affixed was published in each regular and entire issue of the said newspaper and not in any supplement thereof on the following dates to wit: 03/10/2020 certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Bend, Oregon, this loth day of March, 2020 AdName: 118405 State of Oregon, County of Deschutes Subscribed and Sworn to before me this ', O day of II f'f Notary Public fdt)Oregon 0 y Signature OFFICIAL STAMP ALYSHIA VALDEZ NOTARY PUBUC-OREGON COMMISSION NO. 000314 MY COMMISSION EXPIRES OCTOBER 21, 2022 No. In the .r__.__. ..____.__ Court of the STATE OF OREGON for the COUNTY OF DESCHUTES AFFIDAVIT OF PUBLICATION Filed By From the office of Attorney for ATTACHMENT 7 Zechariah Heck From: Zechariah Heck Sent: Monday, March 09, 2020 10:35 AM To: 'olawasisters@gmail.com' Subject: Nonprime Resource Lands Attachments: 19-265-PA, NPRL -- Notice to Re -open Record Continued Public Hearing.pdf Paul Lipscomb, Please see the attached notice of public hearing regarding the Nonprime Resource Lands amendments. The Board has decided to re -open the record and hold a continued public hearing on April 1, 2020. A mailed notice was sent to the address we have on file for you form submitted testimony (16991 Bartlemay Lane, Sisters); it was returned as not deliverable. I wanted to share the notice with you somehow because you have attended several of the NPR hearings. Thus, the reason for the email. Let me know if you have any questions or concerns. Zechariah Heck I Associate Planner 117 NW Lafayette Avenue I Bend, Oregon 97703 PO Box 6005 I Bend, Oregon 97708 Tel: (541) 385-1704 I www.deschutes.org/cd Disclaimer: Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. 1 ATTACHMENT 7 NOTICE OF PUBLIC HEARING The Deschutes County Board of Commissioners will hold a continued public hearing on April 1, 2020, at approximately 10:00 a.m. in the Barnes and Sawyer Rooms of the Deschutes Services Center, 1300 NW Wall St., Bend, to consider the proposal described below. The Board is particularly interested in hearing from impacted property owners of the six residential areas described below. FILE NUMBER: 247-19-000265-PA APPLICANT: PROPOSAL: LOCATION: Deschutes County Community Development Department 117 NW Lafayette Avenue Bend, OR 97701 A proposal to establish eligibility Comprehensive Plan criteria for six specific areas currently designated Exclusive Farm Use or Forest Use to Nonprime Resource (NPR) Lands, defined in Oregon Administrative Rules (OAR) 660-004-0005(3) as "Non Resource Lands." The six legacy residential areas are: Haner Park, Section 36 (Township 22, Range 10), Skyline Subdivision and Skyline Subdivision 1st Addition, Squaw CYeek Canyon Recreational Estates 1st Addition and Meadow Crest Acres Subdivision. STAFF CONTACT: Zechariah Heck, Associate Planner, zechh@deschutes.org, (541) 385- 1704 DOCUMENTS: Can be viewed and downloaded from: http://www.deschutes.org/npr. STANDARDS AND APPLICABLE CRITERIA Title 22, Deschutes County Development Procedures Ordinance Chapter 22.12 Legislative Procedures Statewide Planning Goals Oregon Administrative Rules 660-004 - Interpretation of Goal 2 Exceptions Process 660-006 - Forest Land 660-033 - Agricultural Land Deschutes County Comprehensive Plan -117 N JV Lafayette Avenue, Benc, Oregon c- I70 I P.O? 13ox 6005, 13nnci, OR 97708-6005 e� /I ,� (, ) 7188-G515 @cdc' c ar.,;Chu1•e ; .org niww.desc hutc"�:.uig/co ATTACHMENT 7 ALL INTERESTED PERSONS MAY APPEAR, BE HEARD, BE REPRESENTED BY COUNSEL, OR SEND WRITTEN SIGNED TESTIMONY. ALL WRITTEN REPLIES MUST BE RECEIVED BY THIS DEPARTMENT PRIOR TO THE HEARING DATE OR SUBMITTED AT THE HEARING. ANY PARTY TO THE APPLICATION IS ENTITLED TO A CONTINUANCE OF THE INITIAL EVIDENTIARY HEARING OR TO HAVE THE RECORD LEFT OPEN IN ACCORDANCE WITH SECTION 22.24.140 OF THE DESCHUTES COUNTY CODE. Failure to raise an issue in person at the hearing or in writing precludes appeal by that person to the Land Use Board of Appeals (LUBA). Failure to provide statements of evidence sufficient to afford the decision maker an opportunity to respond to the issue precludes appeal to LUBA based on that issue. Copies of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost. Copies can be purchased for 25 cents per page. The Planning Division is located in the Community Development Department Office at 117 NW Lafayette Avenue, Bend, Oregon. NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER. 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 the ADA Coordinator at (541) 617-4747. DOCUMENT SUBMISSION Any person may submit written comments on a proposed land use action. Documents may be submitted to our office in person, U.S. mail, or email. In Person U.S. Mail We accept all printed documents. Deschutes County Community Development Planning Division, Attn: Zechariah Heck P.O. Box 6005 Bend, OR 97708-6005 Email Email submittals must comply with the following guidelines or otherwise must be submitted as a paper copy: • Submission is 20 pages or less • Documents can be printed in black and white only • Documents can be printed on 8.5" x 11" paper Limitations • Deschutes County does not take responsibility for retrieving information from a website link or a personal cloud storage service. It is the submitter's responsibility to provide the specific information they wish to enter into the record. We will print the email which includes the link(s), however, we will not retrieve any information on behalf of the submitter. • Deschutes County makes an effort to scan all submittals as soon as possible. Recognizing staff availability and workload, there is often a delay between the submittal of a document to the record, and when it is available online. For this reason, the official record is the file that resides in the Community Development Department office. The electronic record online is not a substitute for the official record. • To ensure your submission is entered into the correct land use record, please specify the land use file number(s). Failure to raise an issue in person at a hearing or in writing precludes appeal by that person to the Land Use Board of Appeals (LUBA), and that failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue precludes appeal to LUBA based on that issue. Copies of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost. Copies can be purchased for 25 cents per page. Notice of the decision will be provided by a separate mailing. For more information or to request copies of the findings and decision, contact the assigned planner. NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER. This Notice was mailed pursuant to Deschutes County Code Chapters 22.20 and 22.24. ATTACHMENT 8 To: Deschutes County Community Development, attn: Zechariah Heck From: Ed Keith, County Forester Re: Additional Clarification: Non -resource lands, forestland productivity Date: March 5, 2020 The purpose of this memo is to provide clarification to the memo I provided dated December 18, 2019 addressing non - resource lands and forest productivity. To be clear, the overarching conclusion of the previous memo that carries forward to this memo is that while landowners could legally utilize timber growing on these properties for commercial uses, noted as most likely being firewood, due to equipment move in and other associated costs for timber harvest, it would neither be practical or profitable for them to do so. This is the case for all the areas listed in the original memo: Haner Park, Section 36, Skyline Subdivision and Skyline First Addition (collectively known as Skyliner), and Squaw Creek Canyon Recreational Estates. In order to provide greater detail to the previous analysis which offered an average potential revenue per acre, I have constructed an analysis at the individual tax lot level for the purpose of this memo. Again, as in the December 18, 2019 memo, because: 1) each ownership is small (the maximum lot size is 40 acres) and would not support the high fixed costs of moving in large logging equipment, 2) growth rates, due to the low soil productivity, are low resulting in a small quantity of harvestable product, 3) access for larger equipment including log trucks is largely not practical due to insufficient road systems, and 4) haul costs would be high due to the distance to commercial markets, I have concluded that the highest likelihood of producing a commercial forest product is firewood. It is simply not practical or economical for the lots in question to support a commercial harvest of logs on any sort of regular interval, and harvesting of logs, would in almost every imaginable scenario result in a net loss to the landowner due to the high fixed move in costs and transportation costs. 1 am again attaching an analysis in excel format that uses the Natural Resources Conservation Service soil survey information. I have compiled a listing of soil types present in each subdivision along with their associated estimated soil productivity. Based on that soil productivity I then estimated an average firewood harvest per acre, and applied gross revenue and production costs based on a survey of current commercial firewood operations. I have added an additional worksheet to this analysis that lists every tax lot being considered by this amendment. Anticipated revenues are then calculated based on each tax lot based on actual acreage. A minimum, maximum and average is also presented for each subdivision. 61150 SE 27th Street Bend, Oregon 97702 (541) 322-71 1 7 ed.keith@deschutes.org www.deschutes.org ATTACHMENT 8 Results (see attached excel spreadsheet for detailed calculations and results for each tax lot): Haner Park # of lots: 59 Average lot size (acres): 1.09 Average annual harvest income (by lot) $ 11.43 Maximum annual harvest income $ 52.34 Minimum annual harvest income $ 2.62 Section 36 # of lots: 54 Average lot size (acres): 10.11 Average annual harvest income (by lot) $ 184.19 Maximum annual harvest income $ 728.65 Minimum annual harvest income $ 18.22 Skyliner # of lots: 49 Average lot size (acres): 0.73 Average annual harvest income (by lot) $ 10.02 Maximum annual harvest income $ 31.42 Minimum annual harvest income $ 4.13 Squaw Creek # of lots: 8 Average lot size (acres): 2.25 Average annual harvest income (by lot) $ 36.87 Maximum annual harvest income $ 40.69 Minimum annual harvest income $ 32.48 Conclusion: The largest two lots considered in this analysis, which are two lots of 40 acres located in Section 36 could possibly produce an average annual revenue of approximately $729 before taxes, fire protection assessments, road maintenance costs, and insect, disease and fire losses are factored in. The majority of the remaining lots that are part of the analysis are significantly less, with all but 30 lots producing less than $100 per year. Based on these low revenue projections I submit that these lands are not suitable for commercial forest uses due to their low productive capacity and small lot sizes that does not enable economically efficient or profitable forest operations. ATTACHMENT 8 | ( } 2 |I k 8 ! § } } , 8 ! | \ | A average revenue /yea || 4.4 ||| 8 $ $ nnw || !|§ || || vl 4/1 88 ]! ! !!| |5 |§ !| �■ �01,4 3110 M it ]k{ n §) 1! ! erage revenue / year VI 8 V. [ |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ubdivision Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Haner Park Acres Annual Revenue 0.25 $ 2.62 0.5 $ 5.23 0.54 $ 5.65 0.54 $ 5.65 0.54 $ 5.65 0.56 $ 5.86 0.56 $ 5.86 0.56 $ 5.86 0.59 $ 6.18 0.62 $ 6.49 0.64 $ 6.70 0.64 $ 6.70 0.68 $ 7.12 0.72 $ 7.54 0.73 $ 7.64 0.74 $ 7.75 0.74 $ 7.75 0.75 $ 7.85 0.76 $ 7.96 0.76 $ 7.96 0.76 $ 7.96 0.77 $ 8.06 0.77 $ 8.06 0.78 $ 8.17 0.78 $ 8.17 0.8 $ 8.38 0.82 $ 8.58 0.83 $ 8.69 0.83 $ 8.69 0.83 $ 8.69 0.83 $ 8.69 0.83 $ 8.69 0.86 $ 9.00 0.9 $ 9.42 0.91 $ 9.53 0.94 $ 9.84 0.95 $ 9.95 1 $ 10.47 1.01 $ 10.57 1.03 $ 10.78 1.07 $ 11.20 1.13 $ 11.83 1.13 $ 11.83 1.13 $ 11.83 1.21 $ 12.67 1.22 $ 12.77 1.23 $ 12.88 1.25 $ 13.09 1.26 $ 13.19 1.28 $ 13.40 1.34 $ 14.03 1.36 $ 14.24 1.47 $ 15.39 1.55 $ 16.23 1.63 $ 17.06 1.81 $ 18.95 3.81 $ 39.89 4.88 $ 51.09 5 $ 52.34 Haner Park # of lots: 59 Average lot size (acres): 1.09 Average annual harvest income (by lot) $ 11.43 Maximum annual harvest income $ 52.34 Minimum annual harvest income $ 2.62 ATTACHMENT 8 2210360002202 2210360000800 2210360000801 2210360000802 2210360000803 2210360002200 2210360002201 2210360002300 2210360000300 2210360000400 2210360000500 2210360002400 2210360002507 2210360002508 2210360002512 2210360002513 2210360002514 2210360002515 2210360002516 2210360002517 2210360002518 2210360002520 2210360002521 2210360002523 2210360001500 2210360001600 2210360001700 2210360001800 2210360002000 2210360002100 2210360000900 2210360001200 2210360001300 2210360002501 2210360002503 2210360002504 2210360002505 2210360002506 2210360002509 2210360002510 2210360002511 2210360002519 2210360002522 2210360002524 2210360001400 2210360001900 2210360000200 2210360000600 2210360000700 2210360001000 2210360001100 2210360002500 2210360000100 2210360002502 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 Section 36 1 $ 18.22 2.5 $ 45.54 2.5 $ 45.54 2.5 $ 45.54 2.5 $ 45.54 5 $ 91.08 5 $ 91.08 5 $ 91.08 5 $ 91.08 5 $ 91.08 5 $ 91.08 5 $ 91.08 5 $ 91.08 5 $ 91.08 5 $ 91.08 5 $ 91.08 5 $ 91.08 5 $ 91.08 5 $ 91.08 5 $ 91.08 5 $ 91.08 5 $ 91.08 5 $ 91.08 5 $ 91.08 10 $ 182.16 10 $ 182.16 10 $ 182.16 10 $ 182.16 10 $ 182.16 10 $ 182.16 10 $ 182.16 10 $ 182.16 10 $ 182.16 10 $ 182.16 10 $ 182.16 10 $ 182.16 10 $ 182.16 10 $ 182.16 10 $ 182.16 10 $ 182.16 10 $ 182.16 10 $ 182.16 10 $ 182.16 10 $ 182.16 20 $ 364.32 20 $ 364.32 20 $ 364.32 20 $ 364.32 20 $ 364.32 20 $ 364.32 20 $ 364.32 20 $ 364.32 40 $ 728.65 40 $ 728.65 Section 36 # of lots: 54 Average lot size (acres): 10.11 Average annual harvest income (by lot) $ 184.19 Maximum annual harvest income $ 728.65 Minimum annual harvest income $ 18.22 ATTACHMENT 8 181010AA02200 Skyliner 0.3 $ 4.13 181010AA02300 Skyliner 0.41 $ 5.65 181010AA03400 Skyliner 0.41 $ 5.65 181010AA03600 Skyliner 0.42 $ 5.79 181010AB01100 Skyliner 0.44 $ 6.06 181010AA01000 Skyliner 0.45 $ 6.20 181010AA03200 Skyliner 0.45 $ 6.20 181010AA03500 Skyliner 0.45 $ 6.20 181010AB00800 Skyliner 0.45 $ 6.20 181010AA03000 Skyliner 0.46 $ 6.34 181010AA03100 Skyliner 0.46 $ 6.34 181010AA00900 Skyliner 0.47 $ 6.48 181010AA02400 Skyliner 0.47 $ 6.48 181010AA02800 Skyliner 0.47 $ 6.48 181010AA02700 Skyliner 0.49 $ 6.75 181010AA02900 Skyliner 0.49 $ 6.75 181010AA02500 Skyliner 0.5 $ 6.89 181010AA01100 Skyliner 0.51 $ 7.03 181010AA02600 Skyliner 0.51 $ 7.03 181010A801500 Skyliner 0.51 $ 7.03 181010AA01900 Skyliner 0.54 $ 7.44 181010AA01200 Skyliner 0.6 $ 8.27 181010AA01800 Skyliner 0.61 $ 8.41 181010AA03300 Skyliner 0.63 $ 8.68 181010AB01000 Skyliner 0.63 $ 8.68 181010AA00200 Skyliner 0.64 $ 8.82 181010AA01400 Skyliner 0.64 $ 8.82 181010AA02000 Skyliner 0.64 $ 8.82 181010AA01300 Skyliner 0.69 $ 9.51 181010AA00700 Skyliner 0.72 $ 9.92 181010AB01200 Skyliner 0.76 $ 10.47 181010AB01900 Skyliner 0.78 $ 10.75 181010AA00400 Skyliner 0.8 $ 11.02 181010AB00300 Skyliner 0.8 $ 11.02 181010AA00300 Skyliner 0.83 $ 11.44 181010AB01400 Skyliner 0.85 $ 11.71 181010AB00900 Skyliner 0.89 $ 12.26 181010AA01500 Skyliner 0.9 $ 12.40 181010AA01700 Skyliner 0.91 $ 12.54 181010AB00500 Skyliner 0.91 $ 12.54 181010AB00700 Skyliner 0.95 $ 13.09 181010AA02100 Skyliner 1.06 $ 14.61 181010AB01300 Skyliner 1.12 $ 15.43 181010AB00400 Skyliner 1.16 $ 15.99 181010AA00100 Skyliner 1.18 $ 16.26 181010AA00600 Skyliner 1.21 $ 16.67 181010AB00600 Skyliner 1.34 $ 18.47 181010AB00200 Skyliner 1.44 $ 19.84 181010AB01600 Skyliner 2.28 $ 31.42 1410240007500 Squaw Creek 1.98 $ 32.48 1410240007400 Squaw Creek 2.11 $ 34.62 1410240007300 Squaw Creek 2.17 $ 35.60 1410240007900 Squaw Creek 2.24 $ 36.75 1410240007800 Squaw Creek 2.28 $ 37.41 1410240000100 Squaw Creek 2.36 $ 38.72 1410240007700 Squaw Creek 2.36 $ 38.72 1410240007600 Squaw Creek 2.48 $ 40.69 Skyliner # of lots: 49 Average lot size (acres): 0.73 Average annual harvest income (by lot) $ 10.02 Maximum annual harvest income $ 31.42 Minimum annual harvest income $ 4.13 Squaw Creek # of lots: 8 Average lot size (acres): 2.25 Average annual harvest income (by lot) $ 36.87 Maximum annual harvest income $ 40.69 Minimum annual harvest income $ 32.48 ATTACHMENT 9 Oregon State University Extension Service Crook County Date: March 2, 2020 To: Deschutes County Commissioners 1300 NW Wall Street Bend, OR 97703 Extension Service - Crook County Oregon State University 498 SE Lynn Boulevard Prineville, Oregon, 97754 P 541-447-6228 I F 541-416-2115 extension.oregonstate.edu/crook On Tuesday, February 25, Zechariah Heck, Associate Planner, drove me around to Squaw Creek Canyon Recreational Estates near Sisters and to Meadow Crest Acres Subdivision, near La Pine. The question being asked is: Will the location of the land in question and lot size support agricultural production enterprises? Meadow Crest — 33 lots, average lot size of 1.07 acres; NRCS Soil Classification: 115A Shanahan loamy coarse sand (5w to 6e capability). These lots are not large enough for agricultural production. The climate is conducive to pasture or hay production, if, all of the Pine trees were logged, stumps dug, and land cleared. Or if some trees were left and Silva culture was practiced. There is no irrigation water so pasture or hay would be dryland farmed. The lots would need to be prepared and planted to drought tolerant grass and legume species. Assuming 0.25-0.5 acre for house, buildings and driveway, the area would be <0.75 acres. Hay yield, with the addition of fertilizer, would range from'/z to 1 ton per acre, depending upon the year's precip. Gross Value would be $50-$125 per acre, annually. This is not probable since it would be incredibly difficult to have a custom hay farmer come in and swath, rake, bale, and haul the hay to a storage unit on less than an acre. Harvest costs would exceed value of the hay. There is no irrigation water. If used for pasture, the land could accommodate a few sheep, or one steer, or one horse and then these animals would be held in dry lot, the vast majority of time. The owner would need to buy hay to feed the animals. The only agricultural, or rather horticultural, production system that could possibly be remotely profitable is greenhouse production of a valuable crop. But water then is the limiting factor; there is no irrigation water. The elevation of the location would require more artificial heat to keep plants alive. It would be very improbable that every lot in this subdivision would do such an enterprise. Agricultural Sciences & Natural Resources, Family and Community Health, 4H Youth, Forestry & Natural Resources, Extension Sea Grant, Open Campus, and Outdoor School programs. Oregon State University, United States Department of Agriculture, and Oregon counties cooperating. The Extension Service offers its programs and materials equally to all people. ATTACHMENT 9 Squaw Creek Canyon Estates — 34 lots, average lot size of 2.5 acres; NRCS Soil Classification: 63C Holmzie-Searles complex (6e capability) // 101E Redcliff-Lickskillet-Rock outcrop complex (6e to 8 capability). This land area, while it has larger lot sizes, but is of much the same conditions as Meadow Crest, but with lower precip. The Juniper trees (no Pine trees present) would need to be removed, then stumps removed, then large rocks removed, then small rocks removed. Assuming 0.25-0.5 acre for house and buildings and driveway. The 2.0 to 2.25 acre field would then need to be farmed and planted to a dryland pasture mix that is drought tolerant. This would be a very costly endeavor. One could expect to be able to have a couple of sheep, a steer, and a horse on the property. These animal would need to be held in dry lot the majority of the time, and the owner would need to buy hay to feed them the majority of time. There is no irrigation water. Hay yield, with the addition of fertilizer, would range from one % to 1 ton per acre, depending upon the year's precip. Gross Value of a hay crop would be $75-150 per acre, annually. This is not probable since it would be incredibly difficult to have a custom hay farmer come in and swath, rake, bale, and haul the hay to a storage unit for only a couple of acres. The expenses of harvesting would exceed the value of the hay. There is no irrigation water The only agricultural, or rather horticultural, production system that could possibly be remotely profitable is greenhouse production of a valuable crop. But water then is the limiting factor; plus the elevation of the location would require more artificial heat to keep plants alive. it would be very improbable that every lot in this subdivision would do such an enterprise. There is no irrigation water. Qualifications: I have been an Oregon State University Area Extension Agronomist in Central Oregon for almost 31 years. My program focuses on irrigated and dryland grass and legume hay and pasture, cereals for hay, grain, and pasture, soil fertility, and irrigation management, research and extending out information. Respe tfully ubmitted, it/A . . My en Bohle OSU Area Extension Agronomist Associate Professor Crop and Soil Science Dept. 80ARAOF DMINISTRAT COMMISSIONERS ATTACHMENT 10 Zechariah Heck From: Zechariah Heck Sent: Monday, March 02, 2020 9:44 AM To: Edelman, Scott; jonjinings@state.or.us';'Howard, Gordon' Cc: Zechariah Heck Subject: Deschutes County Nonprime Resource Lands Attachments: 19-265-PA, NPRL -- Notice to Re -open Record Continued Public Hearing.pdf Scott, Jon, and Gordon — Please see the attached notice of public hearing regarding the Nonprime Resource Lands amendments. The Board has decided to re -open the record and hold a continued public hearing on April 1, 2020. A mailed notice to Scott and Jon's address (1011 SW Emkay Drive, Bend) was returned as not deliverable. Let me know if you have any questions or concerns. Zechariah Heck I Associate Planner 117 NW Lafayette Avenue 1 Bend, Oregon 97703 PO Box 6005 Bend, Oregon 97708 Tel: (541) 385-1704 1 www.deschutes.org/cd Disclaimer: Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. 1 ATTACHMENT 10 NOTICE OF PUBLIC HEARING The Deschutes County Board of Commissioners will hold a continued public hearing on April 1, 2020, at approximately 10:00 a.m. in the Barnes and Sawyer Rooms of the Deschutes Services Center, 1300 NW Wall St., Bend, to consider the proposal described below. The Board is particularly interested in hearing from impacted property owners of the six residential areas described below. FILE NUMBER: 247-19-000265-PA APPLICANT: Deschutes County Community Development Department 117 NW Lafayette Avenue Bend, OR 97701 PROPOSAL: LOCATION: A proposal to establish eligibility Comprehensive Plan criteria for six specific areas currently designated Exclusive Farm Use or Forest Use to Nonprime Resource (NPR) Lands, defined in Oregon Administrative Rules (OAR) 660-004-0005(3) as "Non Resource Lands." The six legacy residential areas are: Haner Park, Section 36 (Township 22, Range 10), Skyline Subdivision and Skyline Subdivision 1st Addition, Squaw Creek Canyon Recreational Estates lst Addition and Meadow Crest Acres Subdivision. STAFF CONTACT: Zechariah Heck, Associate Planner, zechh@deschutes.org, (541) 385- 1704 DOCUMENTS: Can be viewed and downloaded from: http://www.deschutes.org/npr. STANDARDS AND APPLICABLE CRITERIA Title 22, Deschutes County Development Procedures Ordinance Chapter 22.12 Legislative Procedures Statewide Planning Goals Oregon Administrative Rules 660-004 - Interpretation of Goal 2 Exceptions Process 660-006 - Forest Land 660-033 - Agricultural Land Deschutes County Comprehensive Plan -i 1 7 NW Lafayette Avenue, bend, Oregon 9 703 I P.O Box 6005, Bend, OR 97792 0005 B. (54 1) 38 8-657' c3 cdd@desch it.c .Or9 W n desc I u tes.org/cd ATTACHMENT 10 ALL INTERESTED PERSONS MAY APPEAR, BE HEARD, BE REPRESENTED BY COUNSEL, OR SEND WRITTEN SIGNED TESTIMONY. ALL WRITTEN REPLIES MUST BE RECEIVED BY THIS DEPARTMENT PRIOR TO THE HEARING DATE OR SUBMITTED AT THE HEARING. ANY PARTY TO THE APPLICATION IS ENTITLED TO A CONTINUANCE OF THE INITIAL EVIDENTIARY HEARING OR TO HAVE THE RECORD LEFT OPEN IN ACCORDANCE WITH SECTION 22.24.140 OF THE DESCHUTES COUNTY CODE. Failure to raise an issue in person at the hearing or in writing precludes appeal by that person to the Land Use Board of Appeals (LUBA). Failure to provide statements of evidence sufficient to afford the decision maker an opportunity to respond to the issue precludes appeal to LUBA based on that issue. Copies of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost. Copies can be purchased for 25 cents per page. The Planning Division is located in the Community Development Department Office at 117 NW Lafayette Avenue, Bend, Oregon. NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER. 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 the ADA Coordinator at (541) 617-4747. DOCUMENT SUBMISSION Any person may submit written comments on a proposed land use action. Documents may be submitted to our office in person, U.S. mail, or email. In Person U.S. Mail We accept all printed documents. Deschutes County Community Development Planning Division, Attn: Zechariah Heck P.O. Box 6005 Bend, OR 97708-6005 Email Email submittals must comply with the following guidelines or otherwise must be submitted as a paper copy: • Submission is 20 pages or Tess • Documents can be printed in black and white only • Documents can be printed on 8.5" x 11" paper Limitations • Deschutes County does not take responsibility for retrieving information from a website link or a personal cloud storage service. It is the submitter's responsibility to provide the specific information they wish to enter into the record. We will print the email which includes the link(s), however, we will not retrieve any information on behalf of the submitter. • Deschutes County makes an effort to scan all submittals as soon as possible. Recognizing staff availability and workload, there is often a delay between the submittal of a document to the record, and when it is available online. For this reason, the official record is the file that resides in the Community Development Department office. The electronic record online is not a substitute for the official record. • To ensure your submission is entered into the correct land use record, please specify the land use file number(s). Failure to raise an issue in person at a hearing or in writing precludes appeal by that person to the Land Use Board of Appeals (LUBA), and that failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue precludes appeal to LUBA based on that issue. Copies of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost. Copies can be purchased for 25 cents per page. Notice of the decision will be provided by a separate mailing. For more information or to request copies of the findings and decision, contact the assigned planner. NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER. This Notice was mailed pursuant to Deschutes County Code Chapters 22.20 and 22.24. ATTACHMENT 11 Zechariah Heck From: Sent: To: Cc: Subject: Follow Up Flag: Due By: Flag Status: [EXTERNAL EMAIL] Howard, Gordon <gordon.howard@state.or.us> Friday, January 24, 2020 5:01 PM Edelman, Scott; Zechariah Heck Peter Gutowsky; Adam Smith RE: Deschutes County Nonprime Resource Lands Amendments Follow up Tuesday, February 04, 2020 8:30 AM Flagged Given the lack of definitive case law on the subject, we can provide no guarantees or warranties regarding our advice on this issue. However, we would have no objection to a Deschutes County decision that the revised scope of this code change, as you described below, did not require re -notice as a substantial change to a proposed post -acknowledgment plan amendment. In looking at the general tenor of case law on this subject, we believe that your tentative decision on this matter is sound. Gordon Howard Community Services Division Manager Oregon Department of Land Conservation and Development 635 Capitol Street NE, Suite 150 Salem, OR 97301-2540 Direct: 503-934-0034 I Cell: 503-856-6935 I Main: 503-373-0050 aordon.howard@state.or.us www.oregon.gov/LCD DLCD From: Zechariah Heck [mailto:Zechariah.Heck@deschutes.org] Sent: Friday, January 24, 2020 4:57 PM To: Howard, Gordon <ghoward@dlcd.state.or.us>; Edelman, Scott <dedelman@dlcd.state.or.us> Cc: Peter Gutowsky <Peter.Gutowsky@deschutes.org>; Adam Smith <Adam.Smith@deschutes.org> Subject: RE: Deschutes County Nonprime Resource Lands Amendments Thanks, Gordon. Just to clarify, DLCD does not see a need for Deschutes County to re -notice a PAPA for the Nonprime Resource Lands amendments based on the omission of specific policies pertaining to general eligibility criteria for quasi-judicial applications? Zechariah Heck 1 Associate Planner 117 NW Lafayette Avenue I Bend, Oregon 97703 PO Box 6005 I Bend, Oregon 97708 1 ATTACHMENT 11 Tel: (541) 385-1704 I www.deschutes.org/cd Disclaimer: Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. From: Howard, Gordon <gordon.howard@state.or.us> Sent: Thursday, January 23, 2020 4:22 PM To: Edelman, Scott <scott.edelman@state.or.us>; Zechariah Heck <Zechariah.Heck@deschutes.org> Cc: Peter Gutowsky <Peter.Gutowsky@deschutes.org> Subject: RE: Deschutes County Nonprime Resource Lands Amendments [EXTERNAL EMAIL] Hello Zechariah, while there isn't any definitive LUBA decision on this particular point, we found the following LUBA headnotes on decisions involving 35-day notice questions: 25.3.3 Local Government Procedures — Compliance with Statutes — Notice of Hearing. ORS 197.610(1) requires that the Land Conservation and Development Commission be given notice at least 45 days before the first evidentiary hearing on adoption of a post -acknowledgment comprehensive plan amendment. Where the required notice is given, a second notice is not required under ORS 197.610(1) simply because the local government decides to adopt different parts of the proposed comprehensive plan amendment by separate ordinances. Johnson v. Jefferson County, 56 Or LUBA 72 (2008). 25.3.3 Local Government Procedures - Compliance with Statutes - Notice of Hearing. While deviations from the post acknowledgment plan amendment notice requirements at ORS 197.610(1) may constitute procedural errors that will not provide a basis for remand absent prejudice to a petitioner's substantial rights, a complete failure to provide notice to the Department of Land Conservation and Development under ORS 197.610(1) is a substantive error and requires remand without regard to whether the failure prejudiced petitioner's substantial rights. Friends of Bull Mountain v. City of Tigard, 51 Or LUBA 759 (2006) 25.3.3 Local Government Procedures - Compliance with Statutes - Notice of Hearing. Providing notice and a copy of proposed zoning ordinance amendments to DLCD under ORS 197.610(1) and then adopting an additional zoning ordinance amendment that was not included with the notice without providing additional notice to DLCD is not error. OCAPA v. City of Mosier, 44 Or LUBA 452 (2003). 25.3.3 Local Government Procedures - Compliance with Statutes - Notice of Hearing. The broad notice and potential for participation by DLCD and others under ORS 197.610 is the quid pro quo for ORS 197.625, which deems post -acknowledgment land use regulation amendments to be consistent with the statewide planning goals as a matter of law, if the amendment is not appealed or is affirmed on appeal. Therefore, whether errors in a city's notice to DLCD under ORS 197.610 warrant remand depends upon whether the errors are of the kind or of a degree that calls into question whether the ORS 197.610 to 197.625 process nevertheless performed its function. If so, remand may be required, without regard to whether petitioners before LUBA can demonstrate prejudice to their substantial rights. OCAPA v. City of Mosier, 44 Or LUBA 452 (2003). 25.3.3 Local Government Procedures — Compliance with Statutes — Notice of Hearing. Not every violation of the requirement at ORS 197.610(1) and its implementing rule that a local government provide notice of proposed post - acknowledgment plan amendments to the Department of Land Conservation and Development Commission (DLCD) more than 45 days before the initial public hearing is a substantive error that must result in remand. Failure to 2 ATTACHMENT 11 specify all of the proposed zone changes on the form provided to DLCD is, at most, procedural error that does not warrant remand absent a demonstration of prejudice to petitioner's substantial rights. Stallkamp v. City of King City, 43 Or LUBA 333 (2002). What the tenor of these headnotes from LUBA decisions tells me is that you have the ability to cut out portions of the proposal and move forward with the rest without providing a new 35-day notice. Gordon Howard Community Services Division Manager Oregon Department of Land Conservation and Development 635 Capitol Street NE, Suite 150 1 Salem, OR 97301-2540 Direct: 503-934-0034 1 Cell: 503-856-6935 1 Main: 503-373-0050 gordon.howardAstate.or.us www.orenon.gov/LCD DLCD From: Zechariah Heck[mailto:Zechariah.Heck@deschutes.org] Sent: Thursday, January 23, 2020 3:23 PM To: Edelman, Scott <dedelman@dlcd.state.or.us>; Howard, Gordon <ghoward@dlcd.state.or.us> Cc: Peter Gutowsky <Peter.Gutowsky@deschutes.org> Subject: Deschutes County Nonprime Resource Lands Amendments Scott and Gordon, Please see 1,000 Friends of Oregon testimony on Deschutes County's Nonprime Resource Lands amendments (attached). On page 3, 1k Friends states the County's proposal has substantially changed and is therefore in violation with ORS 197.610. We request DLCD staffs advice on the matter. As you may recall, the County's proposal originally had two components: • Specific Comprehensive Plan policies to correct mapping errors for six (6) residential areas; • General Comprehensive Plan policies that establish eligibility criteria for applicant -initiated, quasi-judicial applications. In October of last year, the Board directed staff to move forward with the policies specific to the six residential areas that are inaccurately designated as resource land (EFU / Forest Use). The general policies were to be further reviewed by the Planning Commission. Staff contends the proposal has not substantially changed because the six residential areas have not changed, the proposed policies specific to the six residential areas have stayed the same, and only one policy has been added based on public testimony during the public hearings. Only the general eligibility criteria have been omitted. Please let us know as soon as possible if we need to re -notice the proposed amendments. Thank you, 3 ATTACHMENT 12 January 14, 2020 Deschutes County Board of Commissioners 1300 NW Wall Street Bend, OR 97703 Re: Nonprime Resource Lands Dear Chair and Commissioners, On behalf of the Central Oregon Association of REALTORS° (COAR) — representing nearly 1,800 real estate professionals in Deschutes County — thank you for the opportunity to comment on the County's Nonprime Resource Lands program. We support the proposed comprehensive plan amendments to establish eligibility criteria for designating Exclusive Farm Use or Forest Use zoned properties to Nonprime Resource (NPR) Lands defined in OAR 660-004-0005(3) as "Non -Resource Lands." Deschutes County is the fastest -growing County in Oregon — far out -pacing the U.S. average. Growth trends between the April 2010 census through July 1, 2018 show that Deschutes County grew by 21.7 percent. In comparison, the U.S. national average growth for the same time period was 6 percent.1 Population estimates indicate that this pattern of rapid growth is not likely to slow in the near future. Recent projections from Portland State University's Oregon Population Forecast Project predict an increase of more than 57 percent between the recorded July 2018 population and 2043.2 Such significant growth presents myriad challenges to the County, but one of the most pressing is housing. As real estate professionals, we understand the housing challenges in our region particularly well and we are acutely aware of the impacts of growth on the local real estate market. Six months is generally considered a healthy supply of housing. As of January 2020, the current housing supply for all residential property types within Deschutes County is 4.2 months. In the more affordable segments of the market, the supply picture is even more bleak — in the $259,000 to $398,999 range, 2.7 months of inventory is available.3 A limited supply of housing also means fewer options at various — and affordable — price points; leaving large portions of the community straining under the weight of housing costs they cannot afford. The U.S. Department of Housing and Urban Development (HUD) considers those whose monthly housing costs exceed 30 percent of their monthly income to be "housing cost burdened." In Deschutes County, more than half of renter households fall into this category."' 5 ATTACHMENT 12 In an environment in which demand is outstripping supply and significant housing needs exist, it is prudent to re-evaluate agricultural and forest lands that are not viable for their designated purpose to determine if they represent opportunities for other uses. We know that Deschutes County staff have thoroughly studied the identified areas. On the basis of sound data demonstrating a soil classification that is not optimal for agricultural use, we support the County's proposal to re -designate these six specific areas committed to residential uses that were platted or conveyed prior to State enabling planning legislation taking effect in Deschutes County. 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 Jason Boone Chair, Government Affairs Committee Central Oregon Association of REALTORS® & MLS of Central Oregon cc: Nick Lelack, Director, Deschutes County Community Development Sources 1. Stebbins, S. (2019). Fastest Growing County in Every State. Retrieved from I ps://247wailst.conrispecial re port/2019/080gf,astest._[,rowing county- in eV ry Matt/ 2. Portland State University Population Research Center. (2018). Coordinated Population Forecast: 2018 through 2068. Retrieved from https://www.pdx.edu/prc/sites/www.pdx.edu.prc/files/Deschutes Report_Final.pdf 3. Central Oregon Association of REALTORS®. (2020). Multiple Listing Service of Central Oregon (MLSCO) data. 4. Housing for All Regional Consortium. (2019). Regional Housing Needs Assessment. Retrieved from https://coic2.org/wp-content/uploads/2019/05/regional housing needs assessment final_2_0f 5. U.S. Census Bureau Data. (2018). Retrieved from https://www.bendbulletin.com/localstate/6790886 1511most-deschutes-county-renters-pay- too -much -census 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 July 15, 2020 DATE: July 6, 2020 FROM: Elizabeth Holden, Health Services, TITLE OF AGENDA ITEM: Consideration of Acceptance of SAMHSA Grant Funds for Comprehensive Community System of Care Expansion of Services for Children with Serious Emotional Disturbances RECOMMENDATION & ACTION REQUESTED: Staff request approval to accept the grant award. BACKGROUND AND POLICY IMPLICATIONS: On April 3, 2019, the Board of County Commissioners approved Deschutes County Health Services' (DCHS) request to apply for Substance Abuse and Mental Health Administration's (SAiviHSA) Grants for Expansion and Sustainability of the Comprehensive Community Mental Health Services for Children with Serious Emotional Disturbances. On June, 22, 2020, DCHS received notice from SAMHSA that we have been awarded this grant. These grant funds will help DCHS's Intensive Youth Services program meet contractual requirements for standing up the System of Care governance initiative. The additional FTE will enable us to meet fidelity requirements for the integration of first episode psychosis and young adult services into the system of care and will allow us to meet Wraparound Fidelity staff ratios. The contractual requirement is 15 clients to one care coordinator, while our Intensive Youth Services staff -to -client ratio averages 25 clients to one care coordinator. FISCAL IMPLICATIONS: The grant award is $1,000,000 per year for four years, from August 31, 2020 to August 30, 2024. Grant award recipients are required to provide the statutory match of $3 Federal to $1 non Federal. Matching resources may be in cash or in -kind; existing FTE may be contributed as in kind match. DCHS intends to apply existing program salaries as the -kind match. The key personnel for this program will be the local Project Director and the Lead Family Coordinator. Both of these positions are existing staff. Six additional FTE will support the delivery of Wraparound services, and data collection and analysis. Grant funds will also cover the purchase of two vehicles, training and supplies, and contract dollars for youth crisis services provided by current contractor. FTE associated with this grant: • 1.0 FTE BH Supervisor as Project Director (existing staff, in -kind match) • 1.0 FTE BHS I Lead Family Care Coordinator (existing staff, in -kind match) • 1.0 FTE Clinical Information Systems Analyst (additional FTE requested) • 2.0 FTE BHS I Care Coordinators (additional FTE requested) • 3.0 FTE Peer Support Specialist (additional FTE requested) ATTENDANCE: Elizabeth Renteria Holden, Comprehensive Care for Youth and Families Program Manager Notice of Award System of Care Expansion and Sustainability Grants Issue Date: 06/22/2020 Department of Health and Human Services Substance Abuse and Mental Health Services Administration Center for Mental Health Services Grant Number: 1 H79SM082952-01 FAIN: H79SM082952 Program Director: Elizabeth Holden Project Title: Deschutes County Comprehensive Community System of Care Expansion of Services for Children with Serious Emotional Disturbances Organization Name: COUNTY OF DESCHUTES Business Official: Dr. George Conway Business Official e-mail address: george.conway@deschutes.org Budget Period: 08/31/2020 — 08/30/2021 Project Period: 08/31/2020 — 08/30/2024 Dear Grantee: The Substance Abuse and Mental Health Services Administration hereby awards a grant in the amount of $1,000,000 (see "Award Calculation" in Section I and "Terms and Conditions" in Section 11I) to COUNTY OF DESCHUTES in support of the above referenced project. This award is pursuant to the authority of Sections 561-565 of the PHS Act, as amended and is subject to the requirements of this statute and regulation and of other referenced, incorporated or attached terms and conditions. Award recipients may access the SAMHSA website at www.samhsa.gov (click on "Grants" then SAMHSA Grants Management), which provides information relating to the Division of Payment Management System, HHS Division of Cost Allocation and Postaward Administration Requirements. Please use your grant number for reference. Acceptance of this award including the "Terms and Conditions" is acknowledged by the grantee when funds are drawn down or otherwise obtained from the grant payment system. If you have any questions about this award, please contact your Grants Management Specialist and your Government Project Officer listed in your terms and conditions. Sincerely yours, Eileen Bermudez Grants Management Officer Division of Grants Management See additional information below Page-1 SECTION 1— AWARD DATA —1 H79SM082952-01 Award Calculation (U.S. Dollars), Personnel(non-research) Fringe Benefits Equipment Travel Supplies Contractual Other Direct Cost Indirect Cost Approved Budget Federal Share Non -Federal Share Cumulative Prior Awards for this Budget Period AMOUNT OF THIS ACTION (FEDERAL SHARE) SUMMARY TOTALS FOR ALL YEARS YR AMOUNT 1 2 3 4 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $425,695 $272,233 $58,000 $6,258 $14,088 $45,000 $93,420 $914,694 $85,306 $1,430,398 $1,000,000 $430,398 $0 $1,000,000 *Recommended future year total cost support, subject to the availability of funds and satisfactory progress of the project. Fiscal Information: CFDA Number: EIN: Document Number: Fiscal Year: IC SM CAN C96J558 93.104 1936002292A4 20SM82952A 2020 Amount $1,000,000 IC CAN 2020 2021 2022 2023 SM C96J558 $1,000,000 $1,000.000 $1,000,000 $1,000,000 SM Administrative Data: PCC: CMHI20 / OC: 4145 SECTION II — PAYMENT/HOTLINE INFORMATION —1 H79SM082952-01 Payments under this award will be made available through the HHS Payment Management System (PMS). PMS is a centralized grants payment and cash management system, operated by the HHS Program Support Center (PSC), Division of Payment Management (DPM). Inquiries regarding payment should be directed to: The Division of Payment Management System, PO Box 6021, Rockville, MD 20852, Help Desk Support —Telephone Number: 1-877-614-5533. The HHS Inspector General maintains a toll -free hotline for receiving information concerning Page-2 fraud, waste, or abuse under grants and cooperative agreements. The telephone number is: 1- 800-HHS-TIPS (1-800-447-8477). The mailing address is: Office of Inspector General, Department of Health and Human Services, Attn: HOTLINE, 330 Independence Ave., SW, Washington, DC 20201. SECTION III — TERMS AND CONDITIONS — 1 H79SM082952-01 This award is based on the application submitted to, and as approved by, SAMHSA on the above -title project and is subject to the terms and conditions incorporated either directly or by reference in the following: a. The grant program legislation and program regulation cited in this Notice of Award. b. The restrictions on the expenditure of federal funds in appropriations acts to the extent those restrictions are pertinent to the award. c. 45 CFR Part 75 as applicable. d. The HHS Grants Policy Statement. e. This award notice, INCLUDING THE TERMS AND CONDITIONS CITED BELOW. Treatment of Program Income: Use of program income — Additive: Recipients will add program income to funds committed to the project to further eligible project objectives. Sub -recipients that are for -profit commercial organizations under the same award must use the deductive alternative and reduce their subaward by the amount of program income earned. !n accordance with the regulatory requirements provided at 45 CFR 75.113 and Appendix XII to 45 CFR Part 75, recipients that have currently active Federal grants, cooperative agreements, and procurement contracts with cumulative total value greater than $10,000,000 must report and maintain information in the System for Award Management (SAM) about civil, criminal, and administrative proceedings in connection with the award or performance of a Federal award that reached final disposition within the most recent five-year period. The recipient must also make semiannual disclosures regarding such proceedings. Proceedings information will be made publicly available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)). Full reporting requirements and procedures are found in Appendix XII to 45 CFR Part 75. SECTION IV — SM Special Terms and Conditions —1 H79SM082952-01 REMARKS New Award 1. This Notice of Award (NoA) is issued to inform your organization that the application submitted through the funding opportunity Grants for Expansion and Sustainability of the Comprehensive Community Mental Health Services for Children and Families Program with Serious Emotional Disturbances (FOA SM20-007) has been selected for funding. This award reflects conditional approval of the budget submitted January 27, 2020 as part of the application by your organization. 2. Recipients are expected to plan their work to ensure that funds are expended within the 12-month budget period reflected on this Notice of Award. If activities proposed in the approved budget cannot be completed within the current budget period, SAMHSA cannot guarantee the approval of any request for carryover of remaining unobligated funding. 3. All responses to award terms and conditions and post award amendment requests must be submitted as .pdf documents in eRA Commons. For more information on how to Page-3 respond to tracked terms and conditions or how to submit a post award amendment request please refer to https://www.samhsa.gov/grants/grants-training-materials under heading Grant Management Reference Materials for Grantees. 4. Register Program Director/Project Director (PD) in eRA Commons: If you have not already done so, you must register the PD listed on the HHS Checklist in eRA Commons to assign a Commons ID. Once the PD has received their Commons ID, please send this information to your Grants Management Specialist. You can find additional information about the eRA Commons registration process at https://era.nih.gov/reg_accounts/register_commons.cfm. 5. Key Staff Key staff (or key staff positions, if staff has not been selected) are listed below: Elizabeth Renteria Holden, Project Director @ 100% level of effort Suzanne Garliepp, Lead Family Coordinator @ 100% level of effort Organizations receiving Federal Funds may not exceed 100% level of effort for any program staff member (Key Staff or otherwise) across all federally funded sources. Any changes to key staff —including level of effort involving separation from the project for more than three months or a 25 percent reduction in time dedicated to the project —requires prior approval and must be submitted as a post -award amendment in eRA Commons. For additional information on how to submit a post -award amendment, please visit the SAMHSA website: https://www.samhsa.gov/grants/grants-management/post-award-changes. Any technical questions regarding the submission process should be directed to the eRA Service Desk: http://grants.nih.gov/support/. SPECIAL TERMS Risk Assessment The Office of Financial Advisory Services (OFAS), SAMHSA may perform an administrative review of your organization's financial management system. If the review discloses material weaknesses or other financial management concerns, grant funding may be restricted in accordance with 45 CFR 75/2 CFR 200, as applicable. The restriction will affect your organization's ability to withdraw funds from the Payment Management System account, until the concerns are addressed. Marijuana Term Grant funds may not be used, directly or indirectly, to purchase, prescribe, or provide marijuana or treatment using marijuana. Treatment in this context includes the treatment of opioid use disorder. Grant funds also cannot be provided to any individual who or organization that provides or permits marijuana use for the purposes of treating substance use or mental disorders. See, e.g., 45 C.F.R. § 75.300(a) (requiring HHS to "ensure that Federal funding is expended ... in full accordance with U.S. statutory ... requirements."); 21 U.S.C. §§ 812(c)(10) and 841 (prohibiting the possession, manufacture, sale, purchase or distribution of marijuana). This prohibition does not apply to those providing such treatment in the context of clinical research permitted by the DEA and under an FDA -approved investigational new drug application where the article being evaluated is marijuana or a constituent thereof that is otherwise a banned controlled substance under federal law. Please email any related questions to MJQuestionsASAMHSA.HHS.GOV Disparity Impact Statement (DIS) Page-4 By October 30, 2020, submit via eRA Commons. The DIS should be consistent with information in your application regarding access, *service use and outcomes for the program and include three components as described below. Questions about the DIS should be directed to your GPO. Examples of DIS can be found on the SAMHSA website at: https://www.samhsa.gov/grants/grants-management/disparity-impact- statement *Service use is inclusive of treatment services, prevention services as well as outreach, engagement, training, and/or technical assistance activities. The disparity impact statement consists of three components: 1. Proposed number of individuals to be served and/or reached by subpopulations in the grant implementation area should be provided in a table that covers the entire grant period. The disparate population(s) should be identified in a narrative that includes a description of the population and rationale for how the determination was made. 2. A quality improvement plan for how you will use your program (GPRA) data on access, use and outcomes to monitor and manage program outcomes by race, ethnicity and LGBT status, when possible. The quality improvement plan should include strategies for how processes and/or programmatic adjustments will support efforts to reduce disparities for the identified sub - populations. 3. The quality improvement plan should include methods for the development and implementation of policies and procedures to ensure adherence to the Enhanced Culturally and Linguistically Appropriate Services (CLAS) Standards and the provision of effective care and services that are responsive to: a. Diverse cultural health beliefs and practices; b. Preferred languages; and c. Health literacy and other communication needs of all sub -populations within the proposed geographic region. All responses to award terms and conditions must be submitted as .pdf documents in eRA Commons. For more information on how to respond to tracked terms and conditions please refer to https://www.samhsa.gov/qrants/grants-training-materials under heading How to Respond to Terms and Conditions. SPARS All SAMHSA recipients are required to collect and report certain data so SAMHSA can meet its obligation under the Government Performance Results Act (GPRA) Modernization Act of 2010. These data are gathered using SAMHSA's Performance and Accountability Reporting System (SPARS). CMHI recipients are required to collect and report two types of data: one data set (infrastucture or IPP) is reported on a quarterly basis; the second data set is for the national outcome measures (NOMS) and data are collected and reported at baseline (i.e., upon entry of each client into the project), at six-month followup and at discharge. Recipients are required to do the following: (1) Complete SPARS Annual Goals training and enter NOMS and IPP annual goals data into SPARS by November 30, 2020. (2) NOMS Data: Begin entering NOMS baseline interview data into SPARS within 5 days after completion of each intake interview; conduct a NOMs reassessment interview six months following the intake interview and every 6 months thereafter; and complete a Clinical Discharge NOMS interview at the time of client discharge and enter these data into SPARS. (3) IPP Data: Collect and begin reporting IPP data into SPARS during the 2nd quarter (January Page-5 - March 2021) and quarterly thereafter. Information about SPARS training and data reporting will be provided post -award. SPECIAL CONDITIONS Revised Detailed Budget with Narrative Justification and SF-424A By September 30, 2020, submit via eRA Commons. 1. Fringe Rates: The individual rates charged for fringe all differ from the detailed fringe benefits rate of 28.1% (plus $19,384). Provide a detailed breakdown of all the elements/ components that comprise the fringe benefits rates. Show breakdowns for the fringe rate for each personnel separately if the rate does not apply uniformly to all personnel. 2. Travel, Registration Fees: Please move the Registration Fees to "Other" category for Year 2 and 4. 3. Equipment- Vehicles ($58,000): Provide additional Narrative Justification including a discussion of lease vs. purchase options or a statement addressing whether it is feasible and/or cost effective to lease vs. purchase. 4. Contract: a. Evaluation Services: The rate © $200/hour exceeds the Executive Level II Salary Limitation of $94.86 (based on 2080 hours per year), which applies to all subawards and subcontracts. Grant funds cannot be used to pay the direct salaries of individuals in excess of the Federal Executive Level II salary level. If the budgeted rates include costs other than direct salary, provide a detailed breakdown to show whether you are adhering to the Executive Schedule Level II limitation. If proposing an individual whose salary exceeds the Executive Schedule Level !I limitation and your organization will pay the excess salary from other sources of funds, please provide a detailed explanation in your narrative justification. b. GOBHI: The number of days in the Service column should be 50, not 75. Please correct accordingly. c. Youth Villages: The cost should be $14,350 ($2,050 per client x 7 clients), not $15,000. Please review your calculations and correct accordingly. 5. Other: a. Minor Facility Renovation: Renovation costs to existing facilities may be considered as Requests for Alterations and Renovations (A&R) but you will need to provide the following additional information. o Please indicate: o Whether there are any other sources of funds available to fund the A&R? o Whether there are any other programs within this facility? If so, then provide calculations to show how you arrived at SAMHSA's fair share of the A&R for this grant. b. Rent: There are several offices indicated on your floor plan and office space cost is typically already covered by indirect costs; however, if the space is a programmatic/service site expense, the cost may be a direct charge. Rent is calculated based on square footage usage or FTE and reflects SAMHSA's fair share of the space. You provided the lease agreement, however, review and respond to the Rent Questionnaire on the SAMHSA webpage: Rent Questions Worksheet (https://www.samhsa.gov/sites/default/files/rentquestionsworksheet.docx). 6. Indirect Cost: Per FOA, the Modified Total Direct Costs (MTDC) excludes equipment, capital expenditures, charges for patient care, rental costs, participant support costs, and the portion of each sub -award (or contract) in excess of $25,000. Please review your Page-6 calculations and correct accordingly. 7. Submit a Revised Detailed Budget with narrative justification and SF-424A incorporating the revisions requested above. You may reallocate funds elsewhere in your budget for reasonable, allowable, and necessary grant costs/activities equal to but not exceeding the award amount on page 1 of your NoA. In section B Column 1 of your SF-424A, show only the federal funds requested for each budget category and use columns 2 through 4 to show cost sharing and matching. All responses to award terms and conditions must be submitted as .pdf documents in eRA Commons. For more information on how to respond to tracked terms and conditions please refer to https://www.samhsa.gov/grants/grants-traininq-materials under heading How to Respond to Terms and Conditions. Marijuana Special Condition (States) By no later than September 30, 2020, please submit an attestation statement confirming compliance with the language below. For state grantees, language in attestation should read, "I certify that all sub recipients comply with the following language: Grant funds may not be used, directly or indirectly, to purchase, prescribe, or provide marijuana or treatment using marijuana. Treatment in this context includes the treatment of opioid use disorder. Grant funds also cannot be provided to any individual who or organization that provides or permits marjuana use for the purposes of treating substance use or mental disorders. See, e.g., 45 C.F.R. § 75.300(a) (requiring HHS to "ensure that Federal funding is expended ... in full accordance with U.S. statutory ... requirements. "); 21 U.S.C. §§ 812(c)(10) and 841 (prohibiting the possession, manufacture, sale, purchase or distribution of marijuana). This prohibition does not apply to those providing such treatment in the context of clinical research permitted by the DEA and under an FDA -approved investigational new drug application where the article being evaluated is marijuana or a constituent thereof that is otherwise a banned controlled substance under federal law. The attestation statement must be on letterhead and signed by the Authorized Representative or Business Official. Please email any related questions to MJQuestions©SAMHSA.HHS.GOV All responses to award terms and conditions must be submitted as .pdf documents in eRA Commons. For more information on how to respond to tracked terms and conditions please refer to https://www.samhsa.gov/qrants/qrants-traininq-materials under heading How to Respond to Terms and Conditions. All previous terms and conditions remain in effect until specifically approved and removed by the Grants Management Officer. STANDARD TERMS AND CONDITIONS Annual Federal Financial Report (SF-425) By November 30. 2021, submit via eRA Commons. The Federal Financial Report (FFR) (SF-425) is required on an annual basis and should reflect only cumulative actual Federal funds authorized and disbursed, any non -Federal matching funds (if identified in the Funding Opportunity Announcement (FOA)), unliquidated obligations incurred, the unobligated balance of the Federal funds for the award, as well as program income generated during the timeframe covered by the report. Additional guidance to complete the FFR can be found at http://www.samhsa.gov/grants/qrants-management/reportinq- requirements. Page-7 FFR reporting must be entered directly into the eRA Commons system. Instructions on how to submit a Federal Financial Report (FFR) via the eRA Commons is available at https://www.samhsa. gov/sites/default/files/how-to-submit-a-samhsa-ffr. pdf. Annual Programmatic Progress Report By November 30, 2021, submit via eRA Commons. The Programmatic Report is required on an annual basis and must be submitted as a .pdf to the View Terms Tracking Details page in the eRA Commons System no later than 90 days after the end of each 12-month budget period. The Annual Programmatic Report must, at a minimum, include the following information: o Data and progress for performance measures as reflected in your application regarding goals and evaluation activities. o A summary of key program accomplishments to -date. o Description of the changes, if any, that were made to the project that differ from the application for this incremental period. o Description of any difficulties and/or problems encountered in achieving planned goals and objectives including barriers to accomplishing program objectives, and actions to overcome barriers or difficulties. Note: Recipients must also comply with the GPRA requirements that include the collection and periodic reporting of performance data as specified in the FOA or by the Grant Program Official (GPO). This information is needed in order to comply with PL 102-62, which requires that Substance Abuse and Mental Health Services Administration (SAMHSA) report evaluation data to ensure the effectiveness and efficiency of its programs. The response to this term must be submitted as .pdf documents in eRA Commons. Please contact your Government Program Official (GPO) for program specific submission information. For more information on how to respond to tracked terms and conditions please refer to https://www.samhsa.gov/grants/grants-traininq-materials under heading How to Respond to Terms and Conditions. Additional information on reporting requirements is available at https://www. samhsa.gov/grants/grants-management/reporti ng-requirements. Standard Terms for Awards Your organization must comply with the Standard Terms and Conditions for the Fiscal Year in which your grant was awarded. The Fiscal Year for your award is identified on Page 2 of your Notice of Award. SAMHSA's Terms and Conditions Webpage is located at: https://www.samhsa.gov/grants/grants-management/notice-award-noa/standard-terms- conditions. Compliance with Award Terms and Conditions FAILURE TO COMPLY WITH THE ABOVE STATED TERMS AND CONDITIONS MAY RESULT IN ACTIONS IN ACCORDANCE WITH 45 CFR 75.3 71, REMEDIES FOR NON- COMPLIANCE AND 45 CFR 75.372 TERMINATION. THIS MAY INCLUDE WITHHOLDING PAYMENT, DISALLOWANCE OF COSTS, SUSPENSION AND DEBARMENT, TERMINATION OF THIS AWARD, OR DENIAL OF FUTURE FUNDING. All previous terms and conditions remain in effect until specifically approved and removed by the Grants Management Officer. Page-8 Staff Contacts: Eric Lulow, Program Official Phone: 240-276-1782 Email: Eric.Lulow@samhsa.hhs.gov Anna Pham, Grants Specialist Phone: 240-276-0551 Email: Anna.Pham@samhsa.hhs.gov Page-9 rD rD ah 0 (0 AY o S 5 0- 0 0 —h 0 0 x—s 3 fp CD 0 CD CD 0 0- ..0 _ (1) C -® Q. a) O O -1 r) r) O rD O rD v) Q ® O rD -0 O rD n9 �� SD - �'® O rD O O -1 rD �, rD v) (3/1 Z- 0 O m O O `.‹ -0 = = cu O -in rD rD Z- z rD c� 4 rD C f rD --„A- __ ® ot) 5e Fe; r, cm cu rD n rD-0 ot)O W ,--1 (41 rp rD rD OrD _s ca. cel 1 r) 3 O O z-' rD < Ln rD rD -O O O rD rD • r-f• rr-ii w n 0 m n rn v., ,-r 0 N' vi Ln o: 0. r+ 0 rD r-+ • w 1 Q.) 10. rD Oi 1.1.1 CD r-+ .5,...L. I; :,....:, ‘,„_...„4,. ,,,,i•„ i rt 0 rD rt m 0 1\J 1 71 f-t 0.) Li) r t 0 app rn V) m...s. rl a a www.colw.org July 15, 2020 Deschutes County Board of Commissioners 1300 NW Wall Street Bend, OR 97703 via email re: File No. 247-19-000265-PA Amendments to comprehensive plan to change the county's policies governing development on the county's agricultural and forest lands Dear Chair Henderson and Commissioners, On behalf of Central Oregon LandWatch, thank you for the opportunity to comment on the proposed amendments. LandWatch believes the proposed amendments contravene the statewide planning goals, which provide the exclusive method for excluding certain lands from goal requirements. Oregon maintains its agricultural and forest industrial land bases through statutes, policies set out in statewide goals, and administrative rules that preserve agricultural land for agricultural use and forest land for forest use. The county's role in protecting the state's agricultural and forestry industrial land bases is to identify and map agricultural and forest land, and adopt policies to preserve agricultural and forest land. As shown in the attached Figures 1-5, the County has identified, mapped, and zoned the six areas under consideration as forest land and farm land. The proposed amendments do not comply with Goals 3 and 4, because the proposal does not conserve the agricultural lands of the six areas for agricultural use, and does not conserve the forest lands of the six areas for forest use. The lands in the six areas do not qualify for the proposed new category of "nonprime." See Figure 6. "nonprime resource lands: to recognize lands defined as "nonresource lands" pursuant to OAR 660-004-005(3) that cannot qualify for an exception" 2 The definition of "nonresource land" in OAR 660-004-005(3) is "land not subject to any of the statewide goals." As shown in Figures 1-5, the lands in the six areas are subject to the statewide Goals 3 and 4. The proposed nonprime category therefore does not apply to the six areas. There is no such thing as lands defined as "nonresource lands pursuant to OAR 660-004-005(3)" that cannot qualify for an exception. The definition of "nonprime" is vague and internally inconsistent. The County is proposing new agricultural lands, forest lands, and rural housing policies, as well as policies for a category that, if it existed, the County would call "nonprime," but the County is required by law to amend its comprehensive plan in accordance with the statewide goals, including Goals 2, 3, 4, 11, and 14. The proposed policies contravene Goal 2, the statewide planning goal; Goal 3, the agricultural lands goal; Goal 4, the forest lands goal; Goal 11, the public facilities and services goal (which requires the County to plan and develop timely, orderly and efficient public facilities and services to provide a framework for rural development); and Goal 14, the urbanization goal (which requires the county to provide for an orderly and efficient transition from rural to urban land use). The proposed new policies are legislative amendments. If they could be acknowledged, which they cannot, the decisions to apply those policies to the six areas would be quasi-judicial decisions. The County cannot make quasi-judicial decisions to apply policies that do not exist. Whether a county's plan and regulations are in compliance with statewide land use standards must be deteiinined as of the time of acknowledgment. ORS 197,251(5). The proposed legislation cannot be acknowledged because, on its face, it does not comply with state use planning with J6ULV land use planning LL11�' requirements. Thank you for your attention to these views. Sincerely, Carol Macbeth Staff Attorney Central Oregon LandWatch N LL. c ca 1 0 v- ca 0 0 N 0 0 c 0 0 D W -CS Lt CCS it N z3 c N c 0) Meadow Crest Acres is zoned EFU Deschutes County online zoning map co W D 0 Squaw Creek Canyon Estates are zoned EFU and Rural Residential FIGURE 4 Haner Park is zoned as forest land Figure 5 Section 36 is zoned as forest land, F2 agreements between the cities and the County. The bottom line is that the County has land use jurisdiction over approximately 22% of the land base. Comprehensive Plan Map Designations The Comprehensive Plan Map (Map) illustrates the County's goals and policies. The Map describes land use categories that provide for various types of development and conservation for the rural area during the 20-year planning period. Each Comprehensive Plan map designation provides the land use framework for establishing zoning districts. Zoning defines in detail what uses are allowed for each area. The Deschutes County Comprehensive Plan and Zoning Maps exist in official;repiica form as an electronic map layer within the County Geographic Information System. Other maps illustrating various Comprehensive Plan areas, such as rural commercial properties, are available to the public for informational purposes. The Comprehensive Plan map designations are defined below. Agriculture: To preserve and maintain agricultural lands for farm use. Airport Development: To allow development compatible with airport use while mitigating impacts on,ionSUi surrounding lands. anus. Destination Resort Combining Zone: To show lands eligible for siting a destination resort. Forest To conserve forest lands for multiple forest uses. Nonbrirne Resource Lands: To recognize lands defined as "nonresource lands" pursuant to OAR 660-004-005(3) that cannot qualify for an exception pursuant to applicable planning law and fail to satisfy the definitions of agricultural or forest lands contained in the Statewide Planning Goals, Oregon Revised Statutes, and implementing administrative rules. Open Space and Conservation: •T... _i 3 -r�•• -w�� •�• � v IJI VICLt 11[1tLl1 AI dud `df>6''n!C open spaces, including areas :!!tn fragile, unusual or unique qualities. Rural Residential Exception Areas: To provide opportunities for rural residential living outside urban growth boundaries and unincorporated communities, consistent with efficient planning of public services. Surface Mining:To protect surface mining resources from development impacts while protecting development from mining impacts. Resort Community To define rural areas with existing resort development that are not classified as a destination resort, based on Oregon Administrative Rule 660-22 or its successor. Rural Community: To define rural areas with limited existing urban -style development; based on Oregon Administrative Rule 660-22 or its successor. Rural Service Center: To define rural areas with minimal commercial development as well as some residential uses, based on Oregon Administrative Rule 660-22 or its successor. Urban Unincorporated Community: To define rural areas with existing urban development, based on Oregon Administrative Rule 660-22 or its successor. Rural Commercial: To define existing areas of isolated rural commercial development that do not fit under Oregon Admini a Rule 660 22 ••- under Oregon �v„,�wu nuVc Rule vvv-G L. DESCHUTES COUNTY COMPREHENSIVE PLAN - 201 I CHAPTER I COMPREHENSIVE PLANNING SECTION 1.3 LAND USE EXHIBIT B TO ORDINANCE 2019-W7 FIGURE 6 IS Zechariah Heck From: Terry Cunningham <terry.cunningham@me.com> Sent: Tuesday, July 14, 2020 4:49 PM To: Zechariah Heck Subject: Re: Public Hearing July 15 RE: Comprehensive Plan Criteria and Nonprime Resource Lands proposal [EXTERNAL EMAIL] Here's my mailing address: Terry K. Cunningham 20240 NW Paulina Drive Portland, OR 97229 Terry Sent from my iPhone On Jul 14, 2020, at 4:19 PM, Zechariah Heck <Zechariah.Heck@deschutes.org> wrote: Okay, I'll include your emails in the record. Also, following up on Nick's email yesterday, please provide your mailing address if you want to receive mailed notices of any future decisions on this topic. Thanks, ZH From: Terry Cunningham <terry.cunningham@me.com> Sent: Tuesday, July 14, 2020 4:00 PM To: Zechariah Heck <Zechariah.Heck@deschutes.org> Subject: Re: Public Hearing July 15 RE: Comprehensive Plan Criteria and Nonprime Resource Lands proposal [EXTERNAL EMAIL] Yes, why not. Thanks, Terry Sent from my iPhone On Jul 14, 2020, at 3:41 PM, Zechariah Heck <Zechariah.Heck@deschutes.org> wrote: 1 Terry, Do you want this comment to be part of the public record? I just want to confirm. Thanks, Zechariah Heck From: Terry Cunningham <terry.cunningham@me.com> Sent: Tuesday, July 14, 2020 1:42 PM To: petesaunders1949@gmail.com Cc: Zechariah Heck <Zechariah.Heck@deschutes.org>; Scott Shephard <sbshephard@me.com>; Joesph Sanchez elpsan.sanchez@gmail.corn>; Bradley Smith <eyesmith@me.com>; Kenney Maidie <maidie@mac.com> Subject: Re: Public Hearing July 15 RE: Comprehensive Plan Criteria and Nonprime Resource Lands proposal [EXTERNAL EMAIL] Thanks Pete, I called Commissioner Tony DeBone yesterday to talk to him and get his input on the hearing and thoughts on the proposal and I came away feeling that this would be a good thing for Haner Park and our home owners as well. Because Rick had mentioned it in his email to you, I questioned him about the 10 acre minimum and was told yes that would be part of it, like it is now, but that it shouldn't be a deal breaker. He assured me that if a cabin was destroyed by fire they could be replaced and that set backs and other things that have been an incumbrance in the past would be adjusted to better suit our unique neighborhood. I plan to join in tomorrow's meeting by phone. Terry Sent from my iPhone On Jul 14, 2020, at 11:48 AM, petesaunders1949@gmail.corn wrote: Mr. Heck: Thank you for this information — it has been most helpful. 2 I will try to view the meeting tomorrow via the live streaming option, so I will not be attempting to testify or make a statement to the BOCC. That said, if there is an opportunity to deliver my (our?) message to the commissioners, please relay that we are in favor of the proposal and the creation of an NPR-10 Zone classification. Thank you again for your assistance in this matter. Sincerely, Pete Saunders From: Zechariah Heck <Zechariah.Heck@deschutes.org> Sent: Tuesday, July 14, 2020 7:29 AM To: 'petesaunders1949@gmail.com' <petesaunders1949@gmail.com> Subject: RE: Public Hearing July 15 RE: Comprehensive Plan Criteria and Nonprime Resource Lands proposal Mr. Saunders, The current proposal lays the framework to establish the nonprime resource program. In a subsequent phase, the NPR-10 Zone will be created (permitted & conditional uses defined, setbacks determined, etc.). That said, the intention of the nonprime resource program is to accurately zone properties (i.e., allow single-family residential uses outright in areas that function as single-family residential neighborhoods). The objective is to remove the regulatory burden currently experienced by property owners at Haner Park, et al. The minimum lot size for zoning districts in the county is 10 acres without pursuing an exception to the statewide planning goals. The 10 acre minimum does not mean one must have 10 acres for the NPR-10 zone to be applied to their property. There are plenty of lots that are far less than the 10 acre minimum in the Rural Residential 10 Zone, Multiple Use Agricultural 10 Zone, etc. This does not impact the legality of the lot, it only denotes that one must have twenty (20) acres to partition their property (i.e., create two 10-acre lots). As proposed, the nonprime resource program would not permit any further division of land in the six subject properties, which is the case today. Again, the objective of the proposal is to allow single-family residential uses outright (not a conditional use permit as required today) and to have a zone with required setbacks that reflects the lay of the land in Haner Park and the other five properties. 3 The public may attend in person, but we encourage virtual participation due to the pandemic. The room occupancy is limited to 10 people, which means you may have to wait to provide testimony. Please wear a mask if possible and respect physical distance requirements, if you decide to participate in person. I hope this answers your questions. Please be in touch if you would like further clarification. Zechariah Heck 541-385-1704 From: petesaunders1949@gmail.com <petesaunders1949@gmail.com> Sent: Monday, July 13, 2020 11:47 PM To: Zechariah Heck <Zechariah.Heck@deschutes.org> Subject: Public Hearing July 15 RE: Comprehensive Plan Criteria and Nonprime Resource Lands proposal [EXTERNAL EMAIL] Mr Heck: My wife (Cindy Saunders) and her sister (Susan Alexander) co-own a cabin and —1 acre lot in the Haner Park Subdivision. I am a past president of the Haner Park HOA BoD and I currently serve on the Architectural Review Committee. We have heard about the upcoming meeting and the proposal to the Deschutes Cty Board of Commissioners to provide zoning relief for the 6 residential areas identified in your proposal documentation. Can you provide the r-lfinition/description of the Designation or tell me more about the criteria and permitted uses of land that would be designated as "NPR-10" under this proposal? Several of our HOA members believe that the number "10" denotes lot sizes of 10 acres MINIMUM. Since the average lot size in Haner Park is approximately 1 acre (or less), this designation would not seem to be helpful in allowing our owners to have the residential freedom to build, construct, re -model that is available to other residentially zoned areas. Is it possible that the "10 4 Acre" criteria applies to the WHOLE residentially zoned area, which in Haner Park's case, would be 80 acres? Will interested & affected property owners be allowed to appear in person at the meeting at the Deschutes Services Center on the 15', or must they attend 'virtually , either by streaming & viewing the meeting online/registering to participate in the meeting via Zoom/or listening by phone? Based on what I've read in your supporting materials, we support this proposal and believe that the Board of Commissioners should work with the State for the legislative changes required to implement this zoning amendment. Thank you for your attention to this matter, Sincerely, Peter Saunders 5 Zechariah Heck From: Scott Hilgenberg <scott@friends.org> Sent: Tuesday, July 14, 2020 4:06 PM To: Zechariah Heck Cc: Carol Macbeth; Rory Isbell; Mary Kyle McCurdy Subject: 1000 Friends Comments for Board of Commissioners Hearing 7/15 Re: File No. 247-19-000265-PA Attachments: 07.14.20.deschutescounty.nonprime.pdf [EXTERNAL EMAIL] Hi Zechariah, Please find attached comments to be submitted into the record for tomorrows hearing on the board of commissioner's consideration of File No. 247-19-000265-PA. I would like to appear digitally at the hearing via zoom, and found the information on the county's website, pasted below. Please let me know if any log in changes. Thank you, Scott Hilgenberg I. ZOOM PUBLIC HEARING INFORMATION Community members planning to provide comments on this agenda item are invited to participate in this meeting via Zoom. The Zoom meeting ID and password are provided below. Upon entering the Zoom meeting, participants will automatically be placed on hold and in the waiting room. Once the Board is ready to hear public comments on this item, participants will be unmuted one - by -one and enabled to share comments live through the Zoom program. Computer - please click this URL to join: https://us02web.zoom.us/j/81574213315?pwd=d 1 pBM0w4RkQ5ckJmcG9KY0pHV3RKZz09 Password: 931827 Phone - Listen and participate: Dial: 669 900 6833 Webinar ID: 815 7421 3315 e�ui 11i1 �nihc � Rural 1,',In s Lu„islatil°e Attorney 1000 Friends of Oregon :303.49 7.1000 s 1 39 Pronouns: he Support a beautiful, bountiful Oregon for generations to come.. join us today! i Main Office e 133 SW 2nd give, Ste 2010 Portland, OR 97204 Willamette Valley Office 454 Willamette St, Ste 213 ® Eugene, OR 97401 Southern Oregon Office e PO Box 2442 Granis Pass, OR 9752€3 July 14, 2020 Deschutes County Board of Commissioners Deschutes Services Building 1300 NW Wall Street, 2nd Floor Bend, OR 97703 cc: Carol MacBeth, Central Oregon Landwatch SENT VIA EMAIL RE: Comments in Support of Denial of County -initiated Comprehensive Plan Amendments that Violate Staten'ide Planning Goals To the Deschutes County Board of Commissioners: Please accept the following comments for the record for the Deschutes County Board of Commissioners' public hearing on July 15, 2020 regarding File No. 247-19-000265-PA. These comments are submitted in addition to prior comments by 1000 Friends of Oregon, and incorporates comments submitted onJune 24, November 201 9 and January 2^ ____.._5, .,_„._.,,. ........,.,, submitted «...,v.. 2019, November 18, �V 17 Clrr4.! ,i aiiila.iy �G, 2020. 1000 Friends of Oregon is a nonprofit, membership organization that works with Oregonians to support livable communities; protect family farms, forests and natural areas; and provide transportation and housing choice. Our supporters come from across Oregon, from every county in the state. As explained in prior comments, the county needs to abandon this proposal because it is inconsistent with numerous statewide planning goals. The county appears to acknowledge that existing law prohibits the amendments, as the county suspended proceedings in 2019 to pursue a lobbying state law. The county characterized the issue as "Nile State i. _.,.,�..-b effort to change iu vv.� The tlS r1C land use system is not working" for the subject properties.2 Notwithstanding the county's ineffective r The county's website states: "In August 2019, the Board of County Commissioners tabled the proposed amendments in order to pursue lobbying the Land Conservation and Development Commission (LCDC) to initiate rulemaking at the state level pertaining to Non -Resource Lands. LCDC chose not to prioritize rulemakina during the 2019-2021 biennium." v V Available at https://www.deschutes.org/cd/page/nonprime-resource-land, accessed July 13, 2020. 2 January 8, 2020 County Memo at 5. (503) 497-1000 6 fri ;i Comments on Deschutes County Plan Amendments Page 2 lobbying effort, and clear violations of state law, the county continues to pursue these amendments. Below are reasons why the proposal is inconsistent with state law, and should be denied. A. The proposed amendments violate Statewide Planning Goal 3 and implementing rules because the amendments improperly allow for removal of agricultural lands from Goal 3 protection. Statewide Planning Goal 3 requires counties to preserve and maintain agricultural land. The goal provides that agricultural lands must be preserved and maintained for fain' use, consistent with existing and future needs for agricultural products, forest, and open space and the state's agricultural land use policy. Based on the plain text of the goal, not only are existing farms protected, but also lands that have the capabilities to support future agricultural needs. The county's analysis and characterization of the subject properties misconstrues the applicable law. The county's proposal that allows agricultural lands to no longer be regulated by Goal 3 is facially inconsistent with definition of agricultural land as provided in Goal 3 and OAR 660-033- 0020(1)(a). That rule identifies agricultural lands to include several independent categories of land, including "Lands classified by the U.S. Natural Resources Conservation Service (NRCS) as predominantly Class * * * I -VI in Eastern Oregon."3 Notably, categories of land that constitute "Agricultural Land" are separated with an "and," evidencing that each category of agricultural land is a standalone consideration that can qualify land as agricultural. Accordingly, any plan amendment that attempts to rezone land out of resource protection where that land constitutes agricultural land under OAR 660-033-0020(1)(a)(A) violates Goal 3. Proposed policy 3.11.7 violates state law. As noted in earlier comments, binding case law addresses the independent nature of categories of agricultural land provided in OAR 660-033-0020(1) contrary to the county's proposal. In light of both the county's admission that lobbying was needed to change the law, coupled with the plain 3 OAR 660-033-0020(1) provides: "(1)(a) "Agricultural Land" as defined in Goal 3 includes: (A) Lands classified by the U.S. Natural Resources Conservation Service (NRCS) as predominantly Class I -IV soils in Western Oregon and I -VI soils in Eastern Oregon; (B) Land in other soil classes that is suitable for farm use as defined in ORS 215.203(2)(a), taking into consideration soil fertility; suitability for grazing; climatic conditions; existing and future availability of water for farm irrigation purposes; existing land use patterns; technological and energy inputs required; and accepted farming practices; and (C) Land that is necessary to permit farm practices to be undertaken on adjacent or nearby agricultural lands. (b) Land in capability classes other than I-IV/I-VI that is adjacent to or intermingled with lands in capability classes I-IV/I-VI within a farm unit, shall be inventoried as agricultural lands even though this land may not be cropped or grazed; (c) "Agricultural Land" does not include land within acknowledged urban growth boundaries or land within acknowledged exception areas for Goal 3 or 4." Comments on Deschutes County Plan Amendments Page 3 text of the rule and binding case law, there is no plausible argument that the county's proposal is with 3 consistent with Goal J. Even if somehow the county can overcome the conclusion that lands that fulfill OAR 660-033- 0020(1)(a)(A) are not agricultural land, the decision fails to include an adequate factual base or substantial evidence to demonstrate all properties subject to the proposed eligibility criteria are not suitable for farm use. The county misunderstands what suitability for fannn use means, as state law uses a very broad definition of "farm use" that includes not just large scale commercial agricultural crop production, but also numerous other farm uses, including animal husbandry, horticulture use, production of honey bees and byproducts, equine classes, and raising of poultry, to name a few. Existing ownership patterns or current parcelization are not characteristics identified in administrative rule that are relevant to an evaluation of a property's suitability for agriculture. Rather, the rule requires consideration of farm use broadly and on the landscape level, including whether the land is part of a nearby operation or a larger tract engaged in faiin use. The county has failed to establish an adequate factual base that all properties subject to proposed eligibility requirements are not suitable for a farm use as defined by state law. The county needs to adopt a sufficient factual basis for each property that is subject to eligibility requirements to demonstrate that those properties do not qualify as agricultural land, including lands that are currently zoned for forest use that have characteristics that qualify them as agricultural lands. The memo provided by Oregon State University Extension Service does not constitute substantial evidence to support the county's proposal, as it fails to address if properties subject to eligibility criteria can support a farm use as defined by statute. The memo expressly identifies horticulture as a possible use. The record lacks of an adequate factual base necessary to conclude that each property is not suitable for farm use, and fails to analyze whether tracts of land support farm use. Rather, the analysis is focused on an incomplete parcel -by -parcel basis, without acknowledging the ability to lease or purchase multiple parcels or lots for a resource use. B. The proposed amendments violate Statewide Planning Goal 4 and its implementing administrative_ rules hecau3e it improperly removes forest lands from Goal 4 protection. Statewide Planning Goal 4 requires the county to conserve forest lands by mainTalning forest land consistent with sound management of soil air water and fish and wildlife and to provide _..-.------o'-------""--� ......... __.,tt.,..... Y. tt..itiv resources provide for recreational opportunities and agriculture. As noted in earlier comments, land that has potential productivity of 20 cubic feet per acre per year or more constitutes commercial forest land, is protected under Goal 4, and cannot be taken out of resource protection. In addition, forest land is not only based on onsite commercial productivity, as OAR 660-006-0005(7) defines forest land as lands acknowledged as forest land, including lands that are: • suitable for commercial forest uses, including adjacent or nearby lands which are necessary to permit forest operations or practices; and • other forested lands that maintain soil, air, water and fish and wildlife resources. Comments on Deschutes County Plan Amendments Page 4 The proposed amendments demonstrate an intention to remove lands from resource protection that meet these definitions of forest lands in violation of Statewide Planning Goal 4. The county has failed to address whether any property subject to eligibility criteria constitutes "other forested lands." The county improperly considers lot size and ownership as a basis to conclude that lands subject to the amendments do not maintain soil, air, water, and species habitat. The testimony submitted by the county forester improperly segments its analysis based on individual lots. The testimony lacks substantial evidence because it fails to address the ability of leasing or purchasing multiple properties to engage in a resource use. The county forester's testimony is also contradictory, noting properties could be used to engage in commercial forestry operations, but also claiming the inability to support commercial operations. Contradictory testimony is not substantial evidence and does not aid in determining whether the proposal is consistent with Goal 4. The county asserts that its memo on forest productivity covers all areas listed, but does not constitute a comprehensive analysis of leasing properties together to establish a larger commercial operation. Existing Goal 5 protections provide evidence that the subject properties include land that maintains wildlife habitat, and therefore constitutes other forest lands under Goal 4. The county's own proposed findings acknowledge that at least three of the subject areas contain acknowledged Goal 5 habitat for winter deer range or deer migration corridors (Squaw Creek Canyon, Meadow Crest, and Section 36). Therefore, those lands are required to remain in resource protection under Goal 4 as other forested lands. The county needs to adopt a sufficient factual basis for each property that is subject to eligibility requirements to demonstrate that those properties alone or with other adjacent or nearby properties do not qualify as forest land, including lands that are currently zoned for farm use that have characteristics that qualify them as forest lands. C. The proposed amendments violate Statewide Planning Goal 2 and lack an adequate factual base to demonstrate compliance with numerous planning goals. I. The proposed amendments are inconsistent with statutory Goal Exception allowances. Under Statewide Planning Goal 2, counties and property owners have opportunities to pursue development on rural lands where warranted via the goal exception process. The county is depending on that process to ground its proposal in state law, but fails to even address or meet the applicable criteria for a goal exception. Comments on Deschutes County Plan Amendments Page 5 Within the proposed amendments, the county repeatedly refers to meeting the definition of "nonresource land" t to OAR D basis for v�i� 660-004-0005(3) as a tOr its propOSa1.4 That division of OAR Chapter 660 governs "Interpretation of Goal Exception Process." If the county wants to pursue a goal exception or establish any non -resource land designation as defined at OAR 660- 004-0005(3), it needs to follow the goal exception process. See ORS 197.732 et seq. Based on the text of the proposed amendments, the county is engaging in an attempt at a goal exception without addressing the applicable criteria, in violation of ORS 197.732(2) and implementing administrative rules at OAR 660-004-0000 through 0040. II. The proposed amendments lack an adequate factual base as required by Statewide Planning Goal 2, demonstrating a failure to sufficiently address numerous planning goals. In addition to the points raised above under Goals 3 and 4, the proposal lacks an adequate factual base relating to compliance with Statewide Planning Goals 2, 7, 11, and 12. There is not substantial evidence to demonstrate that under full buildout, there will be sufficient transportation infrastructure for what will likely be hundreds of outright permitted residential dwellings and accessory uses. The record does not adequately address the increased risk of fire due to additional dwellings being allowed outright, and whether it is wise planning to allow more dwellings outright in hazard zones. The findings fail to address whether the soils and water table for the subject properties are of sufficient quality and depth to accommodate septic needs of the residential development allowed under NRP-10 zoning, and whether full build out would require the extension of public utilities. The record reflects that for waste management, existing records are outdated and of limited use, and identifies properties that lack capacity for onsite wastewater r r-'- Y.......J system. The findings fail to address whether domestic wells will provide sufficient water for uses allowed under the NRP-10 zoning, and whether additional residential water use will impact ability to irrigate resource lands. The county's reference to Oregon Water Resource's responsibility regarding domestic wells and irrigation rights does not alleviate the county from its responsibility to engage in planning that ensures healthy communities and the timely, orderly, and efficient arrangement of public facilities and services consistent with Goal 11. 4 For example, "Some farm and forest lands meeting the "nonresource land" definition pursuant to OAR 660-004-005(3) can be re -designated and rezoned to Nonprime Resource Lands for low density rural development." Exhibit D to Ordinance 2019-007 at 'A See also id. at 5: "In 2019 the County amended its comprehensive plan to establish eligibility criteria in Section 3.11 for redesignating certain Exclusive Farm Use or Forest Use zoned properties to Nonprime Resource Lands defined in OAR 660-004-0005(3) as "non resource lands." Comments on Deschutes County Plan Amendments Page 6 D. The proposed amendments are unnecessary, and if the county wants to make the process of permitting housing cheaper, it should amend its fee schedule rather than pass an illegal comprehensive plan amendment. The county already reviewed in 2015 whether any mapping issues occurred, and concluded that rural platted or subdivided lands within resource designations were not mistakenly designated agricultural or forest land. The county has explained that pathways to establish housing on these properties already exist. If the issue is cost of permitting a conditional residential use, the county should revise its fee schedule, not engage in illegal land use decisions. New rural housing development on resource lands is costly for Oregon communities: The use is land -consumptive, and auto -dependent, with large separations between different land uses. The county has not addressed the long-term costs of servicing these new outright dwelling allowances, and has not demonstrated that the amendments would help support the provision of affordable housing for Oregon's most vulnerable community members. County resources should be directed towards providing services for the most vulnerable populations, and in coordination with cities within the counties. E. Conclusion Without ensuring compliance now with Goal 3 and Goal 4 for the properties that constitute agricultural and forest land, the proposed amendments fail to meet the standard at ORS 197.175(2)(a) that all post -acknowledgement plan amendments comply with the goals. For all the reasons provided above and submitted in prior testimony, we strongly urge the county to deny the proposed amendments. Please provide notice of any further action to Scott@friends.org. Thank you for the opportunity to comment on this important issue. Regards, Scott Hilgenberg Rural Lands Legislative Attorney 1000 Friends of Oregon Zechariah Heck From: Sent: To: Cc: Subject: [EXTERNAL EMAIL] petesaunders1949@gmail.com Tuesday, July 14, 2020 11:48 AM Zechariah Heck 'Scott Shephard'; Cunningham Terry; Joesph Sanchez; Bradley Smith; Kenney Maidie RE: Public Hearing July 15 RE: Comprehensive Plan Criteria and Nonprime Resource Lands proposal Mr. Heck: Thank you for this information ® it has been most helpful. I will try to view the meeting tomorrow via the lived streaming option, dif therewill snot be BOCC. to testify or make a statement to the relaythat we an opportunity to deliver my (our?) message the creation the of anoNPRS10 Zone pleaselassification. are in favor of the proposal an Thank you again for your assistance in this matter. Sincerely, Pete Saunders From: Zechariah Heck <Zechariah.Heck@deschutes.org> Sent: Tuesday, July 14, 2020 7:29 AM To: 'petesaunders1949@gmail.com' <petesaunders1949@gmail.com> Subject: RE: Public Hearing July 15 RE: Comprehensive Plan Criteria and Nonprime Resource Lands proposal Mr. Saunders, The current proposal lays the framework to establish the nonprime resource program. In a subsequent phase, the NPR- 10 Zone will be created (permitted & conditional uses defined, setbacks determined, etc.). That said, the intention of the nonprime resource program is to accurately zone properties (i.e., allow single-family residential uses outright in areas that function as single-family residential neighborhoods). The objective is to remove the regulatory burden currently experienced by property owners at Haner Park, et al. The minimum lot size for zoning districts in the county is 10 acres without pursuing an exception to the statewide planning goals. The 10 acre minimum does not mean one must have 10 acres for the NPR-10 zone to be appl1ed to their property. There are plenty of lots that are far less than the 10 acre minimum in the Rural Residential 10 Zone, Use Agricultural 10 Zone, etc. This does not impact the legality of the lot, it only denotes that one must have twenty (20) acres to partition their property (i.e., create two 10-acre lots). As proposed, the nonprime resource program would not permit any further division of land in the six subject properties, which is the case today. 1 Again, the objective of the proposal is to allow single-family residential uses outright (not a conditional use permit as required today) and to have a zone with required setbacks that reflects the lay of the land in Haner Park and the other five properties. The public may attend in person, but we encourage virtual participation due to the pandemic, The room occupancy is limited to 10 people, which means you may have to wait to provide testimony. Please wear a mask if possible and respect physical distance requirements, if you decide to participate in person. I hope this answers your questions. Please be in touch if you would like further clarification. Zechariah Heck 541-385-1704 From: petesaunders1949@gmail.com <petesaunders1949@gmail.com> Sent: Monday, July 13, 2020 11:47 PM To: Zechariah Heck <Zechariah.Heck@deschutes.org> Subject: Public Hearing July 15 RE: Comprehensive Plan Criteria and Nonprime Resource Lands proposal [EXTERNAL EMAIL] Mr Heck: My wife (Cindy Saunders) and her sister (Susan Alexander) co-own a cabin and —1 acre lot in the Haner Park Subdivision. I am a past president of the Haner Park HOA BoD and I currently serve on the Architect irAl Review Committee. We have heard about the upcoming meeting and the proposal to the Deschutes Cty Board of Commissioners to provide zoning relief for the 6 residential areas identified in your proposal documentation. Can you provide the definition/description of the "NPR-10" Designation or teii me more about the criteria and permitted uses of land that would he designated as "NPR-10" under this proposal? Several of our HOA members believe that the number "10" denotes lot sizes of 10 acres MINIMUM. Since the average lot size in Haner Park is approximately 1 acre (or less), this designation wouid not seem to be helpful in allowing our owners to have the residential freedom to build, construct, re -model that is available to other residentially zoned areas. Is it possible that the "10 Acre" criteria applies to the WHOLE residentially zoned area, which in Haner Park's case, would be 80 acres? Will interested & affected property owners be allowed to appear in person at the meeting at the Deschutes Services Center on the 15th, or must they attend 'virtually' , either by streaming & viewing the meeting online/registering to participate in the meeting via Zoom/or listening by phone? 2 Based on what I've read in your supporting materials, we support this proposal and believe that the Board of Commissioners should work with the State for the legislative changes required to implement this zoning amendment. Thank you for your attention to this matter, Sincerely, Peter Saunders 3 Zechariah Heck From: Zechariah Heck Sent: Monday, July 13, 2020 4:02 PM To: 'JJGodard' Subject: RE: Community Development Department - Work Plan I FY 2020-21, Deschutes County Board of Commissioners, June 10, 2020 Public Hearing Jack, My responses to your questions are below in red. Let me know if I can assist in answering any other questions. Otherwise, I will see you (virtually) on Wednesday. Please note the start time changed from 10 am to 11:20 am. That said, the timelines fluctuate significantly — plan accordingly. ZH From: JJGodard <whychus@gmail.com> Sent: Monday, July 13, 2020 3:11 PM To: Zechariah Heck <Zechariah.Heck@deschutes.org> Subject: RE: Community Development Department - Work Plan I FY 2020-21, Deschutes County Board of Commissioners, June 10, 2020 Public Hearing [EXTERNAL EMAIL] Good afternoon Zechariiah. Again thanks for clarifying the hearing information, and providing me with a copy of the notice. I will be participating on Wednesday morning, using the Zoom format. This appears to be the most prudent method for all those participating. I did have a few of questions, 1. When "enrolling" using the Zoom Zink and password, if I read the description correctly, a participant becomes placedinto the "waiting room". My question is, while in the "waiting room" would I be able to observe the meeting as its occurring, and hear other participants? Not only on this Item number, but others as well? I don't think so. It is best to use www.deschutes.org/meetings when viewing the meeting. The Zoom feature is to participate. I don't think the waiting room allows one to listen, but I could be wrong. 2. When the NPR Item comes up for public input and participation, are we selected randomly to speak, or is there a sign in protocol? I believe you are selected in alphabetical order or random. There is not a sign in protocol that I'm aware of. 3. If I recall correctly, when the BOCC elected to reopen the hearing on NPR, I believe back in January, they requested that staff reach out to all of the property owners' within the 6 communities. My questions are: a. What did this outreach entail? We sent notice to all property owners regarding the upcoming (April 1 hearing - at that time). We also sent notice regarding the July 15 hearing. The same notice I sent you via email. b. Was there a different "notice" or request for input created? No, see above. 1 c. What was the response to this outreach? I did see one gentleman, a Mr. Nathan Gray submitted correspondence. I assume that is the extent of any written correspondence? people i in asking for more information and to express their correspondence? Many people have tailed support/concerns. Others have provided comments, which will be provided to the Board on Wednesday and updated to the website soon thereafter. d Has staff prepared any form of "tally sheet" regarding the citizen participation process? Not that I am asking for one, but I recall witnessing on other projects, the commissioners asking about numbers?" Just curious if you have been asked to prepare something along these lines. �No, there is not a tally sheet for citizen participation. The record indicates what has been formally submitted. We have not been asked to keep count of those in favor vs. against the amendments. 4. Any other bits of information that might be helpful in understanding where the BOCC is headed? This topic is a legacy issue for Deschutes County. I think the Board has shown significant patience and interest to approve some version of this project. I believe that is the extent of my questions for now? Appreciate you help and input. Jack From: Zechariah Heck Sent: Thursday, July 9, 2020 2:28 PM To: JJGodard Cc: Nick Lelack Subject: RE: Community Development Department - Work Plan I FY 2020-21, Deschutes County Board of Commissioners, June 10, 2020 Public Hearing Hi Jack — I'm on vacation but just had an opportunity to check work emails. You should have received a notice of public hearing regarding the NPR amendments. However, I just checked our mailing list and it looks like a notice was delivered to: 67710 Lake Dr. Sisters, OR 97759r see in your emails address is 69710 Lake Drive — Sisters, OR. I will update the mailing list to reflect the correct ch nge. The no ti et your cis attached to this email — I'm sorry it was not mailed to the correct address. The hearing will start at approximately 10 am on Wednesday, July 15 in the Barnes and Sawyer Room the Service center. Public testimony is welcome via in -person (with physical distance measures / masks) andonline via QJ Zoom. I can talk more details next week when I am in the office. Take care, Zechariah Heck From: Nick Lelack <Nick.Lelack@deschutes.org> Sent: Thursday, July 9, 2020 11:50 AM To: 'JJGodard' <whychus@gmail.com> Cc: Zechariah Heck <Zechariah.Heck@deschutes.org> 2 Subject: RE: Community Development Department - Work Plan I FY 2020-21, Deschutes County Board of Commissioners, June 10, 2020 Public Hearing Hi Jack, Thank you for your comments below. I am sorry you have not received a reply. Zechariah and Peter are both on vacation this week. It is my understanding the Board will conduct the continued public hearing next Wednesday, July 15 on the NPR lands proposed amendments. The Board meeting agenda and packet for next week's meetings will be published online tomorrow afternoon. That will provide the definitive information. Nick Lelack, AICIP I Director 117 NW Lafayette Ave Bend, Oregon 97703 Tel: (541) 385-1708 Cell: (541) 639-5585 Let us know how we're doing: Customer Feedback Survey From: JJGodard <whvchus@gmail.com> Sent: Thursday, July 9, 2020 9:12 AM To: Nick Lelack <Nick.Lelack@deschutes.org> Subject: RE: Community Development Department - Work Plan I FY 2020-21, Deschutes County Board of Commissioners, June 10, 2020 Public Hearing [EXTERNAL EMAIL] Good morning Nick. First, congratulations on your appointment and confirmation to the Land Conservation and Development Commission! I believe that's good news for Deschutes County and you! I also wanted to follow-up with you on the scheduling of the NP-10 public hearing. Last month, you indicated the meeting had been re -scheduled to July 15th. As of today, I have been unable to confirm this timing, and we have yet to receive a notice of the hearing. The CDD webpage identifying "Prominent Projects" states: "The Board of Commissions will hold a continued public hearing on January 15, 2020." I assume this is in error, or an outdated notice? Thought I better check to see if there has been a change in plans on this County project? Take care, Jack Jack Godard 69710 Lake Drive Sisters, Oregon 97759 (949) 633-1965 3 From: Nick Lelack Sent: Tuesday, June 9, 2020 4:15 PM To: JJGodard__ Subject: RE: Community Development Department - Work Plan I FY 2020-21, Deschutes County Board of Commissioners, June 10, 2020 Public Hearing Hi Jack, Thank you for your comments. Regarding your comment on page 2 on NPR lands, staff recommends completing the NPR-10 process this next fiscal year. Then, based on the outcome of that process, consider whether and when to initiate the NPR-20 policy and zone process. We do not anticipate the NPR-10 process to be completed in the next fiscal year with certain appeals, etc. As you may or may not know, the NPR-10 public hearing has just been re -scheduled for July 15. We may not have noticed the meeting yet, but we have at least scheduled it internally and on the Board's calendar. All is well here. We hope you are well! Thanks again for your comments. Nick Lelack, AICP Director 117 NW Lafayette Ave Bend, Oregon 97703 Tel: (541) 385 1708 1 Cell: (541) 639-5585 ten Let us know how we're doing: Customer Feedback Survey From: JJGodard <whychus@gmail.com> Sent: Tuesday, June 9, 2020 3:37 PM To: Nick Lelack <Nick.Lelack@deschutes.org> Subject: Community Development Department - Work Plan I FY 2020-21, Deschutes County Board of Commissioners, June 10, 2020 Public Hearing [EXTERNAL L1VZAIL] Good afternoon Nick. I wanted to take the opportunity to pass on to you for your and the BOCC's consideration my thoughts on your 2020-21 work plan. They are fairly limited, and hopefully you will find them mostly supportive. I appreciate vni � forwarding +h....,... the these on to BOCC, as i am uncertain at this time if I can navigate the Zoom -participation technique for tomorrow mornings meeting. Hope all is well with you, your family and the CDC team. Take care, Jack 4 Jack Godard 69710 Lake Drive Sisters, Oregon 97759 5 Zechariah Heck From: Paul Lipscomb <judgelipscomb@gmail.com> Sent: Saturday, July 11, 2020 6:16 PM To: Zechariah Heck Subject: File Number 247-19-000265-PA Comprehensive Plan Amendments [EXTERNAL EMAIL] Please accept these comments as my testimony for the hearing before the Deschutes County Board of Commissioners on July 15, 2020. I write to point out to the Board that the legislative changes currently proposed to the Comprehensive Plan cannot be applied to the six subject properties through the legislative process. The application of these proposed legislative changes to the six subject properties could only be done through an individualized quasi-judicial land use process. Fasano v. Board of Commissioners of Washington Co., 264 Or. 574, 507 P.2nd 23 (1973). And the preselection of the six subject properties to be the only 6 properties in the county that could ever qualify for the Non -prime resourcel0 acre minimum zone designation is simply inconsistent with the legislative process. Frankly speaking, this would be a classic case of "spot zoning". Each of these six individual properties has its own individual characteristics and issues that must be carefully weighed by the Board before any one of them can be placed into either of the new proposed Non -prime Resource zones. And I will not attempt to further define each of the six properties individual characteristics and issues for you in this proceeding. Rather, I write only to alert you that the procedures you are utilizing in this current process are not suitable for the tasks you have indicated that you wish to accomplish. Thank you for your consideration of my testimony. Paul Lipscomb, PO Box 579, Sisters, OR 97759. 1 Zechariah Heck From: Wildwashl <wildwashl @aol.com> Sent: Wednesday, July 8, 2020 8:35 AM To: Zechariah Heck Subject: 247-19-000265-PA [EXTERNAL EMAIL] Hi Zechariah, We received the public hearing notice again regarding the above file. We appreciate being given a chance to voice our opinion. We have a major concern that at least the Meadow Crest Acres area (maybe the rest on your list as well) is a designated Deer Migration Area. We had previously been told by your department that it would take 'an act of God' to rezone any deeron has en on a decline migration to think what the rezoning would doer We havfe a friend ethese lonlyast several years and we can that lives out that way and he sees both deer elk in shutter that area. Unfortunately, we don't do 'Zoom', otherwise we would participate via the computer. Thanks for taking the time to read our concern. Karl and Michele Kogler 1 1 ES BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input can be given regarding any topic that is NOT on the agenda Public Testimony can be given during Public Hearings only Topic of Input or Testimony �Jari(),(wvi (Z‘ S alga c� LANo$ Is this topic an item on today's agenda? Yes (please see description of Citizen Input above l` 16"Co-"Date: Name Cr O (� Address No Phone #s E-mail address C t CD ,i\r"D THIS FORM IS TURNED IN TO RECORDING SECRETARY BEFORE MEETING BEGINS Are you submitting written documents as part of testimony? If so, please give a copy to the Recording Secretary for the record. Yes ES BOARD OF COMMISSIONERS MEETING REQUEST TO SPEAK Citizen Input can be given regarding any topic that is NOT on the agenda Public Testimony can be given during Public Hearings only Topic of Input or Testimony: 2 c(-f`a'' Is this topic an item on today's agenda? above No Yes (please see description of Citizen Input ) Name -rf bat . Ka rtm Lt t' Date: Address gs *a LtS IA) a (44,,,, et, 939:g 7 Phone #s E-mail address /ay z /n x;l eoloi THIS FORM IS TURNED IN TO RECORDING SECRETARY BEFORE MEETING BEGINS Are you submitting written documents as part of testimony? If so, please give a copy to the Recording Secretary for the record. Yes 1ES BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK. Citizen Input can be given regarding any topic that is NOT on the agenda Public Testimony can be given during Public Hearings only Topic of Input or Testimony: \ JO V\ Is this topic an item on today's agenda? .2 Yes (please see description of Citizen Input above Nameci (A Yt" Address (p l O1 1 Six, &i4 ci-voz, Phone #s�I Z .: 7, C 1 � E-mail address 4fl v -SOLIl a Vir Date: G THIS FORM IS TURNED IN TO RECORDING SECRETARY BEFORE MEETING BEGINS Are you submitting written documents as part of testimony? If so, please give a copy to the Recording Secretary for the record. Yes ES BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input can be given regarding any topic that is NOT on the agenda Public Testimony can be given during Public Hearings only Topic of Input or Testimony: Is this to is an item on today agenda? Yes (please see description Input above 7 6Ire /7/ 529s? 69 / 97 � Name Address Date: Phone #s ; )./517 46 S-91 52675-727</ E-mail address 1' ed4 C (, t C THIS FORM IS TURNED INTO RECORDING SECRETARY BEFORE MEETING BEGINS Are you submitting mittin written documents as part of testimony? 1 1 Yes No If so, please give a copy to the Recording Secretary for the record. 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 July 15, 2020 DATE: July 1, 2020 FROM: Zechariah Heck, Community Development, 541-385-1704 TITLE OF AGENDA ITEM: PUBLIC HEARING: Housekeeping Amendments BACKGROUND AND POLICY IMPLICATIONS: The Planning Division regularly amends the Deschutes County Code and the Comprehensive Plan to correct minor errors identified by staff, other County departments, and the public. This process, commonly referred to as housekeeping, also incorporates updates from rulemaking at the state level through amendments to Oregon Revised Statutes and Oregon Administrative Rules. The Board of County Commissioners will conduct a public hearing on July 15 concerning the housekeeping amendments. FISCAL IMPLICATIONS: None ATTENDANCE: Zechariah Heck, Associate Planner C Y t/iiM Li' i' `\! DEVELOPA l G` MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Zechariah Heck, Associate Planner DATE: July 1, 2020 SUBJECT: Housekeeping Amendments - Public Hearing (files 247-20-000341-PA and 342-TA) The Board of County Commissioners (Board) will conduct a public hearing on July 15, 2020 at 1:00 p.m. in the Deschutes Services Center, Barnes and Sawyer rooms concerning housekeeping amendments to Deschutes County Code (DCC). Notice of the hearing was published in The Bulletin. The hearing will be conducted in -person, electronically and by phone. I. ZOOM PUBLIC HEARING INFORMATION Community members planning to provide comments on this agenda item are invited to participate in this meeting via Zoom. The Zoom meeting ID and password are provided below. Upon entering the Zoom meeting, participants will automatically be placed on hold and in the waiting room. Once the Board is ready to hear public comments on this item, participants will be unmuted one -by -one and enabled to share comments live through the Zoom program. Electronically by Computer - please click this URL to join: https://us02web.zoom.us/j/81574213315?pwd=d1pBM0w4RkQ5ckJmcG9KY0pHV3RKZz09 Password: 931827 Phone - Listen and participate: Dial: 669 900 6833 Webinar ID: 815 7421 3315 Email comments prior to the meeting by 12:00 p.m. to Zechariah.heck@deschutes.org. II. BACKGROUND The Planning Division regularly amends DCC and the Comprehensive Plan to correct minor errors identified by staff, other County departments, and the public. This process, commonly referred to as housekeeping, also incorporates updates from rulemaking at the state level through amendments to Oregon Revised Statutes (ORS) and Oregon Administrative Rules (OAR). The last time Deschutes County adopted housekeeping amendments occurred in August 2018.1 The Planning Commission reviewed the proposed amendments during a public hearing on June 25, 2020. No public testimony was submitted regarding the amendments. The Planning Commission recommended approval of the amendments unanimously. 111. OVERVIEW OF AMENDMENTS The proposed amendments are described in Ordinance 2020-007 (Attachment 1). Added language is underlined and deleted shown as strikethro gh. Table 1 summarizes the amendments. Table 1 - Summary of Amendments Exhibit Amendment C Title 9 Public Peace and Welfare Chapter 9.12 Right to Farm DCC 9.12.100(B) Correct scriveners error in code reference: DCC 9.12.100 not 9.12.110. D Title 15 Buildings and Construction Chapter 15.04 Building and Construction Codes and Regulations DCC 15.04.080 Update year edition of International Fire Code. E Title 17 Subdivisions Chapter 17.22 Approval of Tentative Plans for Partitions DCC 17.22.010(A) Change requirement for partition tentative plat plans from 10 copies to 1 full size copy. DCC 17.22.020(A)(8) Correct scriveners error in code reference. F Title 17 Subdivisions Chapter 17.24 Final Plat DCC 17.24.040 / .150 / .160 / .170 Update text to reflect modern practices. G Title 18 County Zoning Chapter 18.04 Title, Purpose and Definitions DCC 18.04.030 Align definitions of "land disposal site" and "disposal site" with ORS. Delete "resource recovery" and "solid waste" to reduce confusion. H Title 18 County Zoning Chapter 18.12 Establishment of Zones DCC 18.12.040(C) Remove incorrect statement that Title 18 does not apply to the Flood Plain Zone. 1 Ordinance 2018-006. Page 2 of 4 Exhibit Amendment Title 18 County Zoning Chapter 18.16 Exclusive Farm Use Zone l DCC 18.16.031(A) Clarification that a "disposal site which includes a land disposal site" is an allowable conditional use on non -high value farmland, consistent with ORS. DCC 18.16.040(N) Correct scriveners error related to conditional use limitations for composting operations and facilities in EFU Zone. Current DCC 18.16.031(D), should be (C). Title 18 County Zoning Chapter 18.36 Forest Use Zone - F1 DCC 18.36.030(F) Clarification that a "disposal site which includes a land disposal site" is an allowable conditional use, consistent with statute. K Title 18 County Zoning Chapter 18.40 Forest Use Zone - F2 DCC 18.40.030(G) Clarification that a "disposal site which includes a land disposal site" is an allowable conditional use, consistent with statute. L Title 18 County Zoning Chapter 18.80 Airport Safety Combining Zone DCC 18.80.044(F) Add transitional surface to location list for consistency with table. DCC 18.80 Addendum Updates to Declaration of Anticipated Noise agreement. M Title 18 County Zoning Chapter 18.84 Landsca a Management Combining Zone DCC 18.84.080(C) Correct scriveners error to note the subsection (not the whole LM code) does not apply for consistency with adopted ordinance. N Title 18 County Zoning Chapter 18.90 Sensitive Bird and Mammal Habitat Combining Zone DCC 18.90.050(D) Correct 120 day time limit to 150 days for SBMH site plan review timeline. (150 days applies to counties; 120 days applies to cities.) 0 Title 18 County Zoning Chapter 18.108 Urban Unincorporated Community Zone - Sunriver DCC 18.108.180(6)(6) Clarify commercial composting, as approved by DEQ, is an allowable conditional use in the Sunriver Forest District. (Related to update of "disposal site" and "land disposal site" in DCC 18.04.) P Title 18 County Zoning Chapter 18.116 Supplementary Provisions DCC 18.116.330(B)(20) Correct scrivener's error: add missing word ("with"). Q Title 18 County Zoning Chapter 18.128 Conditional Use DCC 18.128.015(C) Correct scriveners error: "insure" to "ensure". DCC 18.128.120 Deletion of "landfill, solid waste" to simplify terminology to just "disposal site. DCC 18.128.320(D)(3) Correct scriveners error ORS reference to OAR. Page 3 of 4 Exhibit Amendment R Title 19 Bend Urban Area Zoning Ordinance Chapter 19.22 Westside Transect DCC 19.22.060(G) Add additional directive text for phasing requirement. S Title 22 Deschutes County Development Procedures Chapter 22.04 Introductions and Definitions DCC 22.04.020 Correct scrivener's error in Land Use Permit definition. T Title 22 Deschutes County Development Procedures Chapter 22.20 Review of Land use Action Applications DCC 22.20.015 Correct scrivener's error (unnecessary word). U Title 22 Deschutes County Development Procedures Chapter 22.34 Proceedings on Remand DCC 22.34.040(A) and (B) Proceedings on remand - change "Board" to Hearings Body. Title 22 Deschutes County Development Procedures Chapter 22.36 Limitations on Approvals DCC 22.36.010 Align DCC with statute by clarifying the approval period for permits granting approval of: 1) replacement of lawfully established dwelling in Forest Use zones; and, 2) caretaker residences for public parks / public fish hatcheries. W Title 23 Comprehensive Plan Section 2.6 Wildlife Policy 2.6.12 Change scrivener's error for Sage Grouse ordinances from 2010-010/11 to 2015-010/11. IV. NEXT STEPS At the conclusion of the public hearing, the Board may: • Continue the hearing to a date certain; • Close the hearing and leave the written record open to a date certain; or • Close the hearing, and commence deliberations. Attachments 1) Ordinance 2020-007 (Proposed Amendments and Draft Findings) Page 4 of 4 For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON "An Ordinance Amending Deschutes County Code Title 9, Public Peace and Welfare, Title 15, Buildings and Construction, Title 17, Subdivisions, Title 18, Zoning Ordinance, Title 19, Bend Urban Area Zoning Ordinance, Title 22, Procedures Ordinance, and, Title 23, Deschutes County Comprehensive Plan, to Incorporate Changes to State Law, and Provide Clarification of Existing Regulations, Procedures, and Policies." ORDINANCE NO. 2020-007 WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments (Planning Division File Nos. 247-20-000341-PA and 247-20-000342-TA) to the Deschutes County Code ("DCC"), Chapter 9.12 — Right to Farm, Chapter 15.04 — Building and Construction Codes and Regulations, Chapter 17.22 — Approval of Tentative Plans for Partitions, Chapter 17.24 — Final Plat, Chapter 18.04 — Purpose and Definitions, Chapter 18.12 — Establishment of Zones, Chapter 18.16 — Exclusive Farm Use Zones, Chapter 18.36 — Forest Use Zone F1, Chapter 18.40 — Forest Use Zone F2, Chapter 18.80 — Airport Safety Combining Zone, Chapter 18.84 — Landscape Management Combining Zone, Chapter 18.90 — Sensitive Bird and Mammal Habitat Combining Zone, Chapter 18.108 — Urban Unincorporated Community Zone-Sunriver, Chapter 18.116 — Supplementary Provisions, Chapter 18.128 — Conditional Uses, Chapter 19.22 — Westside Transect Zone, Chapter 22.04 — Introductions and Definitions, Chapter 22.20 — Review of Land Use Actions Applications, Chapter 22.34 — Proceedings on Remand, Chapter 22.36 — Limitations on Approvals, and Title 23 — Deschutes County Comprehensive Plan Chapter 2; and WHEREAS, the Deschutes County Planning Commission reviewed the proposed amendments on June 25, 2020, and subsequently forwarded a recommendation of Approval to the Deschutes County Board of County Commissioners ("Board"); and WHEREAS, the Board considered this matter after a duly noticed public hearing on July 15, 2020, and concluded that the public will benefit from the proposed changes to the Deschutes County Comprehensive Plan Title 23 and Deschutes County Code Chapter Titles 9, 15, 17, 18, 19, and 22; NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC Title 23.01.010, Introduction, 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 ' sk� h. PAGE 1 OF 4 - ORDINANCE NO. 2020-007 Section 2. AMENDMENT. Deschutes County Comprehensive Plan Chapter 5, Legislative History, 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 striket h. Section 3. AMENDMENT. Deschutes County Code Chapter 9.12, Right to Farm, 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 strike_ Section 4. AMENDMENT. Deschutes County Code Chapter 15.04, Building and Construction Codes and Regulations, 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 Section 5. AMENDMENT. Deschutes County Code Chapter 17.22, Approval of Tentative Plans for Partitions, 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 5trik�g h. Section 6. AMENDMENT. Deschutes County Code Chapter 17.24, Final Plat, 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 s#ikethrough. Section 7. AMENDMENT. Deschutes County Code Chapter 18.04, Purpose and Definitions, 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 strik . Section 8. AMENDMENT. Deschutes County Code Chapter 18.12, Establishment by Zones, 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 ntrik�=. Section 9. AMENDMENT. Deschutes County Code Chapter 18.16, Exclusive Farm Use Zones, 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 strike. Section 11. AMENDMENT. Deschutes County Code Chapter 18.36, Forest Use Zone — Fl, 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 strikethr-eugh. Section 12. AMENDMENT. Deschutes County Code Chapter 18.40, Forest Use Zone — F2, 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 strik��. Section 13. AMENDMENT. Deschutes County Code Chapter 18.80, Airport Safety Combining Zone, is amended to read as described in Exhibit "L", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strife. Section 14. AMENDMENT. Deschutes County Code Chapter 18.84, Landscape Management Combining Zone, is amended to read as described in Exhibit "M", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strik�gh. Section 15. AMENDMENT. Deschutes County Code Chapter 18.90, Sensitive Bird and Mammal Habitat Combining Zone, is amended to read as described in Exhibit "N", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in Gtrik gh. PAGE 2 OF 4 - ORDINANCE NO. 2020-007 Section 16. AMENDMENT. Deschutes County Code Chapter 18.108 Urban Unincorporated Community Zone — Sunriver, is amended to read as described in Exhibit "0", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in ctrikethrough. Section 17. AMENDMENT. Deschutes County Code Chapter 18.116, Supplementary Provisions, is amended to read as described in Exhibit "P", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfiketlffetigh. Section 18. AMENDMENT. Deschutes County Code Chapter 18.128, Conditional Use, is amended to read as described in Exhibit "Q", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in trik�=• Section 19. AMENDMENT. Deschutes County Code Chapter 19.22, Westside Transect Zone, is amended to read as described in Exhibit "R", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stril cam. Section 20. AMENDMENT. Deschutes County Code Chapter 22.04, Introductions and Definitions, is amended to read as described in Exhibit "S", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in tri'�=• Section 21. AMENDMENT. Deschutes County Code Chapter 22.20, Review of Land Use Actions Applications, is amended to read as described in Exhibit "T", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strife. Section 22. AMENDMENT. Deschutes County Code Chapter 22.34, Proceedings on Remand, is amended to read as described in Exhibit "U", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in trik�gh• Section 23. AMENDMENT. Deschutes County Code Chapter 22.36, Limitations on Approvals, is amended to read as described in Exhibit "V", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in trik�=• Section 24. AMENDMENT. Deschutes County Comprehensive Plan, Section 2.6 — Wildlife Policies, is amended to read as described in Exhibit "W", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stTilEethfeugh. Section 25. FINDINGS. The Board adopts as its findings Exhibit "X", attached and incorporated by reference herein. PAGE 3 OF 4 - ORDINANCE NO. 2020-007 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 1st Reading: day of , 2020. Date of 2" d Reading: day of , 2020. Commissioner Patti Adair Anthony DeBone Philip G. Henderson Record of Adoption Vote: Yes No Abstained Excused Effective date: day of , 2020. PAGE 4 OF 4 - ORDINANCE NO. 2020-007 Chapter 23.01 COMPREHENSIVE PLAN 23.01.010. Introduction. MM. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-007, are incorporated by reference herein. (Ord. 2020-007 § 1, 2020; Ord. 2020-001 §26, 2020; Ord. 2019-019 §2, 2019; Ord. 2019-016 §3, 2019; Ord. 2019-006 § 1, 2019; Ord. 2019-011 § 1, 2019; Ord. 2019-004 §1, 2019; Ord. 2019-003 §1, 2019; Ord. 2019-001 §1, 2019; Ord. 2019-002 §1, 2019; Ord. 2018-008 §1, 2018; Ord. 2018-005 §2, 2018; Ord. 2018-011 §1, 2018; Ord. 2018-006 §1, 2018; Ord. 2018-002 §1, 2018; Ord. 2017-007 §1, 2017; Ord. 2016-029 §1, 2016; Ord. 2016-027 §1, 2016; Ord. 2016-005 §1, 2016; Ord. 2016-022 §1, 2016; Ord. 2016-001 §1, 2016; Ord. 2015-010 §1, 2015; Ord. 2015-018 § 1, 2015; Ord. 2015-029 § 1, 2015; Ord. 2015-021 § 1, 2015; Ord. 2014-027 § 1, 2014; Ord. 2014-021 §1, 2014; Ord. 2014-12 §1, 2014; Ord. 2014-006 §2, 2014; Ord. 2014-005 §2, 2014; Ord. 2013-012 §2, 2013; Ord. 2013-009 §2, 2013; Ord. 2013-007 §1, 2013; Ord. 2013-002 §1, 2013; Ord. 2013-001 §1, 2013; Ord. 2012-016 §1, 2012; Ord. 2012-013 §1, 2012; Ord. 2012-005 §1, 2012; Ord. 2011-027 §1 through 12, 2011; Ord. 2011-017 repealed; Ord.2011-003 §3, 2011) Click here to be directed to the Comprehensive Plan (http://www.deschutes.org/compplan) PAGE 1 OF 1 - EXHIBIT A TO ORDINANCE NO. 2020-007 Sectiow 5.12 LegisLat,ve f t%storu Background This section contains the legislative history of this Comprehensive Plan. Table 5.11.1 Comprehensive Plan Ordinance History Ordinance Date Adopted/ Chapter/Section Effective Amendment 2020-007 Date Adopted / 23.01.010, 2.6 Date Effective Housekeeping Amendments correcting references to two Sage Grouse ordinances. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.1 1 GOAL 5 ADOPTED ORDINANCES PAGE 1 OF 1 - EXHIBIT B TO ORDINANCE NO. 2020-007 Chapter 9.12. RIGHT TO FARM 9.12.100. Protection of Allowed Farm and Forest Uses in Zones Other than EFU and Forest Zones. A. On lands other than those zoned for farm or forest use, no farm or forest use allowed in a zone shall be declared to be a public or private nuisance or trespass, or support any complaint procedure, or give rise to a claim for relief in favor of, or to protect the interests of, nonresource uses or any persons or property associated therewith, to the extent that such controversy, proceeding or claim would arise under an ordinance or the inherent authority of Deschutes County. B. DCC 9.12.100110 shall apply: 1. To farming practices on commercial farms only, notwithstanding the definition of farming in DCC 9.12. 2. Whether or not the farm practice occurs within the applicable urban growth boundary. 3. Where the commercial farming or forest practice existed before the conflicting nonfarm or nonforest use of real property that gave rise to the complaint. (Ord. 2020-007 §3, 2020; Ord. 95-024 §6, 1995) PAGE 1 OF 1 — EXHIBIT C TO ORDINANCE NO. 2020-007 Chapter 15.04. BUILDING AND CONSTRUCTION CODES AND REGULATIONS 15.04.080. Fire Code -Adopted. The 20192009 edition of the International Fire Code, as published by the International Code Council and as amended by the Office of State Fire Marshal, hereinafter referred to as "fire code," is adopted in its entirety as the fire code of the County and incorporated by reference herein. (Ord. 2020-007 4, 2020; Ord. 2011-022, §2, 2011; Ord. 97-024 §1, 1997; Ord. 93-006 §1, 1993; Ord. 90-005 §4, 1990; Ord. 86-068 §1, 1986; Ord. 83-056 §6, 1983) PAGE 1 OF 1 — EXHIBIT D TO ORDINANCE NO. 2020-007 Chapter 17.22. APPROVAL OF TENTATIVE PLANS FOR PARTITIONS 17.22.010. Filing Procedures and Requirements. 17.22.020. Requirements for Approval. 17.22.010. Filing Procedures and Requirements. A. Any person, or his authorized agent or representative, proposing a land partition, shall prepare and submit a minimum of 10 copies copy of the tentative plan and one (1) reduced scale copy 8 '/2" x 11" or 11" x 17", hereinafter described, unless more copies are required by the Planning Director, in accordance with the prescribed procedures, and the appropriate filing fee, to the Planning Division. (Ord. 2020-007 §5 2020; Ord. 2008-030 § 4, 2008; Ord. 2006-007 §3, 2005; Ord. 93-012 §21, 1993; Ord. 90-003 §1, Exhibit A, 1990; Ord. 81-043 §1, Exhibit A, §5.015, 1981) 17.22.020. Requirements for Approval. A. No application for partition shall be approved unless the following requirements are met: 8. For partitions or portions thereof within one-half mile of SM zones, the applicant shows that a noise or dust sensitive use, as defined in DCC Title 18, can be sited consistent with the requirements of DCC 18.56, as demonstrated by the site plan and accompanying information required to be submitted under DCC 17.22.010(C). 17.28.010(C). (Ord. 2020-007 §5 2020; Ord. 2006-007 §3, 2005; Ord. 93-012 §22, 1993; Ord. 90-003 §1, Exhibit A, 1990; Ord. 81-043 §1, Exhibit A, §5.020, 1981) PAGE 1 OF 1 — EXHIBIT E TO ORDINANCE NO. 2020-007 Chapter 17.24. FINAL PLAT 17.24.040. Form. The final plat shall be submitted in the form prescribed by state statute and DCC Title 17. All plats and other writings or dedications made a part of such plats offered for recording shall be made in black India ink upon an 18 inch by 24-inch sheet, tl aditi ' t' l L i«d'„g ed the -left —side. The plat shall be made upon drafting material ° t ' t f l t ' t' t table f bindi n "ng---and have such other characteristics of strength and permanency as may be required by the County Surveyor. All signatures on the original subdivision or partition plat shall be in permanent black India -type ink. The plat shall be of such a scale as established by the County Surveyor, and the lettering of the approvals, dedications, the Surveyor's certificate, and all other information shall be of such size or type as will be clearly legible, but no part shall come nearer to any edge of the sheet than one inch. The plat may contain as many sheets as necessary, but an index page shall be included for plats of three or more sheets. (Ord. 2020-007 §6, 2020; Ord. 93-012 §25(A), 1993; Ord. 90-003 §1, Exhibit A, 1990; Ord. 81-043 §1, Exhibit A, §4.015, 1981) 17.24.150. Recording. A No plat shall have any force or effect until it has been recorded. No title to property described in any dedication on the plat shall pass until recording of the plat. B. The applicant must present the original approved plat plus two exact mylar copies at the time of recording. the copy or tracing is a true and exact copy of the plat. Prior to submission to the County Clerk of a plat of a County -approved subdivision or partition, the applicant shall provide 15 blue line copies of the plat to the planning division and pay the appropriate cartography fee. No plat shall be recorded with the County Clerk unless accompanied by a written statement from the Planning Division that all requirements have been met. C. No plat may be recorded unless all city or County approvals required under ORS 92 with respect to land division and surveying and mapping have been obtained. If the plat or the circumstances of its presentation do not allow the Clerk to make this determination, the Clerk may make such inquiry as is necessary to establish that such requirements have been met. D. No subdivision plat shall be recorded unless all ad valorem taxes and all special assessments, fees or other charges required by law to be placed upon the tax roll that have become a lien upon the subdivision or that will become a lien upon the subdivision during the tax year have been paid. E. No plat shall be recorded unless it is accompanied by a signed statement of water rights and, if there are water rights appurtenant to the property being divided, an acknowledgment of receipt by the Oregon Department of Water Resources of applicant's statement of water rights. This provision shall not apply if the partition or subdivision plat displays the approval of any special district referred to in DCC 17.24.090. F. No plat shall be recorded unless it complies with the provisions of DCC 17.24.040 regarding form. G. Following submission of the approved plat and required copies, and upon payment of such recording fees as prescribed by the County, the original shall be recorded in the County Clerk's plat records by scanning and microfilming the plat. The physical copy of the recorded plat shall be released by the County Clerk to the County Surveyor for filing. folding in the archives o (Ord. 2020-007 §6, 2020; Ord. 2006-007 §4, 2006; Ord. 2005-044 §1, 2005; Ord 93-012 §31, 1993; Ord. 90- 003 §1, Exhibit A, 1990; Ord. 81-043 §1, Exhibit A, §4.065, 1981) PAGE 1 OF 2 — EXHIBIT F TO ORDINANCE NO. 2020-007 17.24.160. Approval and Recordation of Subdivision Interior Monuments. A. Approval. Within five days of completion of the setting of interior monuments as allowed by the County Surveyor under DCC 17.24.100, the Surveyor performing the work shall notify the City or County Surveyor, as the case may be, of the completion of the work. At that time the Surveyor performing the work shall submit to the city or County Surveyor such documentation as the City or county Surveyor shall require demonstrating that the work has been completed in accordance with the Surveyor's affidavit recorded on the plat and ORS 92, including an affidavit in conformance to the requirements of ORS 92.070(3)(b). B. Recordation of Affidavit. upon approval by the City or County Surveyor, as the case may be, the monumentation affidavit shall be recorded in the office of the County Clerk. C. Reference of Monumentation. The County Surveyor shall, in all cases, note the monuments set and the recorder's information on the original subdivision plat provided to the County Surveyor and any true and exact copies filed in accordance with DCC 17.24.150. D. Reference of County Surveyor's Approval. The County Surveyor sha112 in all cases, the County Surveyor shall reference his approval on the plat filed in the County Surveyor's records in accordance with DCC 17.24.150. on the original subdivision plat previously recorded. (Ord. 2020-007 2020; Ord. 90-003 §1, Exhibit A, 1990) 17.243.170. Correction of Errors. A A plat may be amended to correct errors specified in ORS 92.170(1). B. Amendment of a plat pursuant to DCC 17.24.170 shall be made by an affidavit of correction prepared in accordance with ORS 92.170(3). C. The affidavit shall be submitted to the City or County Surveyor, as the case may be, who shall certify that the affidavit has been examined and that the changes shown on the affidavit are permitted under ORS 92.170(1). After approval by the Surveyor, the affidavit shall be recorded with the Clerk upon payment of such recording and Surveyor's fees as set by the Board. D. The County Surveyor shall, in all cases, note the correction and the recording reference from the affidavit on the plat filed in the County Surveyor's records in accordance with upon the original plat and upon the true and exact copies filed pursuant to DCC 17.24.150. (Ord. 2020-007 §6, 2020; Ord. 90-003 §1, Exhibit A, 1990; Ord. 81-043 §1, Exhibit A, §4.070, 1981) PAGE 2 OF 2 — EXHIBIT F TO ORDINANCE NO. 2020-007 Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS 18.04.030. Definitions. As used in DCC Title 18, the following words and phrases shall mean as set forth in DCC 18.04.030. "Disposal site", as used in Title 18, is defined in ORS 459. means land facili "Land disposal site", as used in Title 18, is defined in ORS 459. in ans a disposal site and related A. "Energy recovery," which means recovery in which all or a part of thc solid waste materials arc It h--means-any process by whi D. "Reuse," which means the return of a commodity into the economic strewn for use in thc same for the purposesall putrescible 1 nonputrescible wastes, ial appliances; and other raising of animals. (Ord. 2020-007 §7, 2020; Ord. 2020-001 §1, 2020; 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, PAGE 1 OF 2 - EXHIBIT G TO ORDINANCE NO. 2020-007 1995; Ord. 94-053 §1, 1994; Ord. 94-041 §§2 and 3, 1994; Ord. 94-038 §3, 1994; Ord. 94-008 §1, 2, 3, 4, 5, 6, 7 and 8, 1994; Ord. 94-001 §1, 2, and 3, 1994; Ord. 93-043 §1, 1 A and 1B, 1993; Ord. 93- 038 §1, 1993; Ord. 93-005 §§1 and 2, 1993; Ord. 93-002 §§1, 2 and 3, 1993; Ord. 92-066 §1, 1992; Ord. 92-065 §1 and 2, 1992; Ord. 92-034 §1, 1992; Ord. 92-025 §1, 1992; Ord. 92-004 1 and 2, 1992; Ord. 91-038 §3 and 4, 1991; Ord. 91-020 §1, 1991; Ord. 91-005 §1, 1991; Ord. 91-002 §11, 1991; Ord. 90-014 §2, 1990; Ord. 89-009 §2, 1989; Ord. 89-004 §1, 1989; Ord. 88- 050 §3, 1988; Ord. 88-030 §3, 1988; Ord. 88-009 §1, 1988; Ord. 87-015 §1, 1987; Ord. 86-056 2, 1986; Ord. 86-054 §1, 1986; Ord. 86-032 §1, 1986; Ord. 86-018 §1, 1986; Ord. 85-002 §2, 1985; Ord. 84-023 §1, 1984; Ord. 83-037 §2, 1983; Ord. 83-033 §1, 1983; Ord. 82- 013 §1, 1982) PAGE 2 OF 2 - EXHIBIT G TO ORDINANCE NO. 2020-007 Chapter 18.12. ESTABLISHMENT OF ZONES 18.12.040. Zone Boundaries. Unless otherwise specified, zone boundaries are section lines, subdivision lines, lot lines, center lines of street or railroad rights of way, water courses, ridges or rimrocks, other readily recognizable or identifiable natural features, or the extension of such lines. In case of any dispute regarding the zoning classification of property subject to the County code, the original ordinance with map exhibit contained in the official county records will control. Whenever uncertainty exists as to the boundary of a zone as shown on the zoning map or amendment thereto, the following rules shall apply: A. Where a boundary line is indicated as following a street, alley, canal or railroad right of way, it shall be construed as following the centerline of such right of way. B. Where a boundary line follows or approximately coincides with a section lines or division thereof, lot or property ownership line, it shall be construed as following such line. C. If a zone boundary as shown on the zoning map divides a lot or parcel between two zones, the entire lot or parcel shall be deemed to be in the zone in which the greater area of the lot or parcel lies, provided that this adjustment involves a distance not exceeding 100 feet from the mapped zone boundary. DC—C. DCC 18.12.040 does not apply to areas zoned flood plain.plaith (Ord 2020-007 §8, 2020; Ord 2008-017 § 1.2008, Ord. 91-020 §1, 1991; Ord. 91-005 §3, 1991; Ord. 80-206 §2, 1980) PAGE 1 OF 1 — EXHIBIT H TO ORDINANCE NO. 2020-007 Chapter 18.16. EXCLUSIVE FARM USE ZONES 18.16.031. Conditional Uses on Non -high Value Farmland Only. The following uses may be allowed only on tracts in the Exclusive Farm Use Zones that constitute non -high value farmland subject to applicable provisions of the Comprehensive Plan and DCC 18.16.040 and other applicable sections of DCC Title 18. A. A site for the disp sal of s lid waste A disposal site which includes a land disposal site approved by the governing body of a city or County or both and for which a permit has been granted under ORS 459.245 by the Department of Environmental Quality together with equipment, facilities or buildings necessary for its operation. (Ord. 2020-007 §9, 2020; Ord. 2014-010 §1, 2014; Ord. 2012-007 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2004-001 §2, 2004; Ord. 95-007 §12, 1995) 18.16.040. Limitations on Conditional Uses. N. Pre -Application Conference 1. Before an applicant may submit an application under DCC Chapter 22.08 and DCC 18.16.031(CD), for land use approval to establish or modify a disposal site for composting that requires a permit issued by the Oregon Department of Environmental Quality, the applicant shall: a. Request and attend a pre -application conference described in DCC 18.16.040(N)(3); b. Hold a pre -application community meeting described in DCC 18.16.040(N)(6). (Ord. 2020-007 9, 2020; Ord. 2018-006 §5, 2018; Ord. 2015-016 §2, 2015; Ord. 2014-010 §1, 2014; Ord. 2012-007 §2, 2012; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord. 2006-008 §3, 2006; Ord. 2004- 001 §2, 2004; Ord. 98-030 §1, 1998; Ord. 95-075 §1, 1995; Ord. 95-007 §14, 1995; Ord. 92-065 §3, 1992; Ord. 91-038 §1 and 2, 1991; Ord. 91-020 §1, 1991; Ord. 91-011 §1, 1991) PAGE 1 OF 1 — EXHIBIT I TO ORDINANCE NO. 2020-007 Chapter 18.36. FOREST USE ZONE - F-1 18.36.030. Conditional Uses Permitted. The following uses and their accessory uses may be allowed in the Forest Use Zone, subject to applicable provisions of the Comprehensive Plan, DCC 18.36.040 and other applicable sections of DCC Title 18. A. Private hunting and fishing operations without any lodging accommodations. B. Caretaker residences for public parks and fish hatcheries. C. Temporary forest labor camps limited to the duration of the forest operation requiring its use. D. Exploration for and production of geo-thermal, gas, oil and other associated hydrocarbons, including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the well head. E. Log scaling and weigh stations. F. A disposal site which includes a land disposal site Disposal site for solid waste for which the Department of Environmental Quality has granted a permit under ORS 459.245, together with equipment, facilities or buildings necessary for its operation. (Ord. 2020-007 §10, 2020; Ord. 2018-006 §6, 2018; Ord. 2012-007 §3, 2012; Ord. 2007-020 §3, 2007; Ord. 2004-002 §5, 2004; Ord. 2000-033 §1, 2000; Ord. 94-038 §1, 1994; Ord. 92-068 §1, 1992; Ord. 92-025 §2, 1992; Ord. 91-038 §1, 1991; Ord. 90-014 §28, 1990; Ord. 86-018 §8, 1986) PAGE 1 OF 1 — EXHIBIT J TO ORDINANCE NO. 2020-007 Chapter 18.40. FOREST USE ZONE - F-2 18.40.030. Conditional Uses Permitted. The following uses and their accessory uses may be allowed in the Forest Use Zone, subject to applicable provisions of the Comprehensive Plan, DCC 18.40.040 and other applicable sections of DCC Title 18: A. Private hunting and fishing operations without any lodging accommodations. B. Caretaker residences for public parks and fish hatcheries. C. Temporary forest labor camps limited to the duration of the forest operation requiring it use. D. Destination Resorts where mapped in a DR zone and subject only to the provisions of DCC 18.113 and other applicable provisions of DCC Title 18 and the Comprehensive Plan not contained in DCC 18.40. E. Exploration for and production of geothermal, gas, oil and other associated hydrocarbons, including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the well head. F. Log scaling and weigh stations. G. A disposal site which includes a land disposal site Disposal site for solid waste for which the Department of Environmental Quality has granted a permit under ORS 459.245, together with equipment, facilities or buildings necessary for its operation. (Ord. 2020-009 §11, 2020; Ord. 2018-006 §7, 2018; Ord. 2012-007 §4, 2012; Ord. 2007-020 §4, 2007; Ord. 2004-002 §6, 2004; Ord. 2000-033 §1, 2000; Ord. 94-038 §1, 1994; Ord. 92-068 §1, 1992; Ord. 92-025 §2, 1992; Ord. 91-038 §1, 1991; Ord. 90-014 §28, 1990; Ord. 86-018 §8, 1986) PAGE 1 OF 1 — EXHIBIT K TO ORDINANCE NO. 2020-007 Chapter 18.80 AIRPORT SAFETY COMBINING ZONE - AS 18.80.044. Land Use Compatibility. Applications for land use or building permits for properties within the boundaries of this overlay zone shall comply with the requirements of DCC 18.80 as provided herein. When compatibility issues arise, the Planning Director or Hearings Body is required to take actions that eliminate or minimize the incompatibility by choosing the most compatible location or design for the boundary or use. Where compatibility issues persist, despite actions or conditions intended to eliminate or minimize the incompatibility, the Planning Director or Hearings Body may disallow the use or expansion, except where the action results in loss of current operational levels and/or the ability of the airport to grow to meet future community needs. Reasonable conditions to protect the public safety may be imposed by the Planning Director or Hearings Body. [ORS 836.619; ORS 836.623(1); OAR 660-013-0080] F. Limitations and Restrictions on Allowed Uses in the RPZ, Transitional Surface, Approach Surface, and Airport Direct and Secondary Impact Areas. For the Redmond, Bend, Sunriver, and Sisters airports, the land uses identified in DCC 18.80 Table 1, and their accessory uses, are permitted, permitted under limited circumstances, or prohibited in the manner therein described. In the event of conflict with the underlying zone, the more restrictive provisions shall control. As used in DCC 18.80.044, a limited use means a use that is allowed subject to special standards specific to that use. (Ord. 2020-007 § 12, 2020; Ord. 2018-006 §10, 2018; Ord. 2001-001 §2, 2001; Ord. 91-020 §1, 1991) PAGE 1 OF 3 — EXHIBIT L TO ORDINANCE NO. 2020-007 Declaration of Anticipated Noise As a condition of the grant of development approval pursuant to DCC 18.80, the undersigned, hereinafter referred to as Grantor, Grantees (whether singular or plural), hereby covenants and agrees that they -it shall not, by reason of their ownership or occupation of the following described real property, protest or bring suit or action against the [Name of Airport] or Deschutes County, for aviation -related noise, including property damage or personal injury from said noise connected when such activities conform to: 1. Airport activities lawfully conducted in connection with a pre-existing airport, as that term is defined in DCC 18.80.022(B), at the described airport; or 2. Airport activities that might be lawfully conducted in the future at the described airport under County or State permits or exemptions. The real property of Grantorees subject to this covenant and agreement is situated in Deschutes County, State of Oregon, and described as set forth in that certain [Statutory Warranty Deedl dated [date], as record in [the Official Records of Deschutes County as instrument number 20xx-xxxxx] OR [Volume xx, Page xx of the Deschutes County Book of Records;. Tax Lot of Township Range E.W.M., Section , and further described as Grantors-) acknowledge that by virtue of such grant he/they have no remaining rights to complain or protest about the protected activities described above. This Declaration of Anticipated Noise runs with the land and is binding upon the heirs, successors and assigns of the undersigned's interest in the described real property or any persons acquiring through he undersigned an interest in the described real property. Deschutes County requires the execution of this covenant and agreement by the Grantores as a pre -requisite to Deschutes County approving a partition, subdivision, or issuing a building permit for Grantor'sees development on the above: -described real property, which real property is located within the noise impact boundary of the [Name of -Airport]. This agreement Declaration is executed for the protection and benefit of the [Name of Airport] and Deschutes County's interest in said airport and to prevent development in adjacent lands to said airport which will interfere with the continued operation existent and development of said airport. STATE OF OREGON D chutes County Dated this day of , 20 Grantor(s) [Name] By: Its: On this day of , 2 , the undersignedbefore me, a Nrtotary Public in and for said County and State, personally appeared the within named , and who are known to me to be the identical individuals described in and of who executed thewithin ___. tru_____ t ___a _. _'_ _ ...ledV d to one that they executed the same freely and voluntarily.above document on behalf of said Department. PAGE 2 OF 3 — EXHIBIT L TO ORDINANCE NO. 2020-007 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. Notary Public for: My Commission Expires: PAGE 3 OF 3 — EXHIBIT L TO ORDINANCE NO. 2020-007 Chapter 18.84. LANDSCAPE MANAGEMENT COMBINING - LM ZONE 18.84.080. Design review standards. C. No large areas, including roofs, shall be finished with white, bright or reflective materials. Roofing, including metal roofing, shall be non -reflective and of a color which blends with the surrounding vegetation and landscape. DCC 18.84.080(C) shall not apply to attached additions to structures lawfully in existence on April 8, 1992, unless substantial improvement to the roof of the existing structure occurs. (Ord. 2020-007 §13, 2020; Ord. 2018-006 §11, 2018; Ord. 2015-016 §5, 2015; Ord. 2001-016 §2, 2001; Ord. 97-068 §1, 1997; Ord. 95-075 §3, 1995; Ord. 93-043 §12A and 12B, 1993; Ord. 92-034 §2, 1992; Ord. 91-020 §1, 1991; Ord. 90-020 §1 1990; PL-15 1979) PAGE 1 OF 1 - EXHIBIT M TO ORDINANCE NO. 2020-007 Chapter 18.90. SENSITIVE BIRD AND MAMMAL HABITAT COMBINING ZONE - SBMH 18.90.050. Site Plan Review Requirement. D. Based upon the record, and evaluation of the proposal based on the criteria in DCC 18.90.060, and conformance with the ESEE analysis for the site contained in the Resource Element of the Comprehensive Plan, the County shall approve or reject the site plan. In lieu of rejection of the site plan, the County may allow the applicant to revise the site plan if the applicant has not met the standards for approval. Applicant shall waive the 150 -1-20-day time limit if it chooses to revise the site plan. (Ord. 2020-007 14, 2020; Ord. 2015-011 §2, 2015; Ord. 95-075 §1, 1995; Ord. 94-005 §1, 1994; Ord. 93-043 §14B, 1993; Ord. 92-042 §2, 1992) PAGE 1 OF 1 — EXHIBIT N TO ORDINANCE NO. 2020-007 Chapter 18.108. URBAN UNINCORPORATED COMMUNITY ZONE - SUNRIVER 18.108.180. Forest - F District. B. Conditional uses permitted. The following uses and their accessory uses may be allowed in the Forest District, subject to applicable provisions of DCC 18.36, Forest Use-F1 Zone, and to applicable provisions of the comprehensive plan: 6. Disposal site f , Environmental Quality has granted a permit or a similar approval, together with equipment, facilities Commercial composting for which the Oregon Department of Environmental Quality has granted a permit or a similar approval, together with equipment, facilities or buildings necessary for operation, subject to DCC 18.128.015 and 18.128.120. (Ord. 2020-007 2020; Ord. 2001-040 §1, 2001; Ord. 98-016 §2, 1998; Ord. 97-078 §2, 1997) PAGE 1 OF 1 — EXHIBIT 0 TO ORDINANCE NO. 2020-007 Chapter 18.116. SUPPLEMENTARY PROVISIONS 18.116.330 Marijuana Production, Processing, and Retailing B. Marijuana production and marijuana processing. Marijuana production and marijuana processing shall be subject to the following standards and criteria: 20. Prohibited Uses. a. In the EFU zone, the following uses are prohibited: i. A new dwelling used in conjunction with a marijuana crop; ii. A farm stand, as described in ORS 215.213(1)(r) or 215.283(1)(o), used in conjunction with a marijuana crop; iii. A commercial activity, as described in ORS 215.213(2)(c) or 215.283(2)(a), carried on in conjunction with a marijuana crop; and Agri -tourism and other commercial events and activities in conjunction with a marijuana crop. (Ord. 2020-007 06, 2020) Ord. 2019-012, 2019; Ord. 2018-012 §3, 2018; Ord. 2016-015 §10, 2016) PAGE 1 OF 1 — EXHIBIT P TO ORDINANCE NO. 2020-007 Chapter 18.128. CONDITIONAL USE 18.128.120. Landfill, Solid Waste Disposal Site. 18.128.015. General Standards Governing Conditional Uses. Except for those conditional uses permitting individual single-family dwellings, conditional uses shall comply with the following standards in addition to the standards of the zone in which the conditional use is located and any other applicable standards of the chapter: C. These standards and any other standards of DCC 18.128 may be met by the imposition of conditions calculated to ensure insure that the standard will be met. (Ord. 2020-007 2020; Ord. 92-047 §1, 1992; Ord. 91-038 §3, 1991) 18.128.120. Disposal Site. The Planning Director or Hearings Body may authorize a landfill or other solid waste disposal site as a conditional use, subject to the following standards: A. The proposed site shall not create a fire hazard, litter, insect or rodent nuisance, or air or water pollution in the area. B. The proposed site shall be located in or as near as possible to the area being served. C. The proposed site shall be located at least one -quarter mile from any existing dwelling, home or public road (except the access road). D. The proposed site shall be provided with a maintained all-weather access road. E. Applications for a conditional use permit to establish a commercial composting facility under this category shall also meet the following criteria: 1. The proposed facility shall be effectively screened from adjacent residential uses and scenic roadways. The proposed facility may use existing topography and trees and/or introduced landscaped material. 2. The proposed facility shall employ practices of material handling and processing that prevent noise and odors from impacting residences at least one -quarter mile from the site. 3. The proposed facility shall employ practices of material handling and processing that control debris and dust and ensure material is contained on site. (Ord. 2020-007 §17, 2020; Ord. 2001-040 §2, 2001; Ord. 95-075 §1, 1995; Ord. 91-020 §1, 1991) 18.128.320. Campgrounds. A conditional use permit for a campground may be issued only when the following criteria are met: D. A campground shall conform to state standards specified in OAR Chapter 918, Division 650 and the following: • 3.Campgrounds shall provide potable water, toilet and shower facilities, lighting, picnic tables and garbage collection sites for the convenient use of campers as specified in OAR ORS 918.650. Water and electric lines shall be placed underground. (Ord. 2020-007 §17, 2020; Ord. 2004-013 §14, 2004; Ord. 95-075 §1, 1995; Ord. 91-038 §3, 1991) PAGE 1 OF 1 — EXHIBIT Q TO ORDINANCE NO. 2020-007 Chapter 19.22. WESTSIDE TRANSECT ZONE — WTZ 19.22. 060. Land Divisions. All residential subdivisions shall be master planned under DCC 17.16.050 and shall comply with the following. G. If phasing is proposed, a phasing plan for the tentative subdivision plats shall be provided. Each tentative subdivision application shall include a plat map meeting the subdivision requirements of DCC Title 17, the Subdivision / Partition Ordinance, except as may be specifically modified herein. (Ord. 2020-007 §18, 2020 Ord. 2019-001 §8, 2019) PAGE 1 OF 1 - EXHIBIT R TO ORDINANCE NO. 2020-007 Chapter 22.04. INTRODUCTION AND DEFINITIONS 22.04.020. Definitions. "Land use permit" includes any approval of a proposed development of land under the standards in the County zoning ordinances or subdivision or partition ordinances involving the exercise of significant discretion in applying those standards. By way of illustration, "land use permit" includes review of conditional use permits, landscape management plans, farm or nonfarm dwellings, forest management plans, partition, master plan, river setback exception, riverfront design review, site plan, site plan change of use, modification of approval, solar access, solar shade exception, subdivision, and subdivision variance, and variance. (Ord. 2020-007 $19, 2020; Ord. 2017-015§3, 2017; Ord. 96-071 § 1A, 1996; Ord. 95-045 § 1, 1995; Ord. 90- 007 § 1, 1990) PAGE 1 OF 1 — EXHIBIT S TO ORDINANCE NO. 2020-007 Chapter 22.20. REVIEW OF LAND USE ACTION APPLICATIONS Chapter-22.20.015 Code Enforcement and Land Use A. Except as described in (D) below, if any property is in violation of applicable land use regulations, and/or the conditions of approval of any previous land use decisions or building permits previously issued by the County, the County shall not: 1. Approve any application for land use development; 2. Make any other land use decision, including land divisions and/or property line adjustments; 3. Issue a building permit. B. As part of the application process, the applicant shall certify: 1. That to the best of the applicant's knowledge, the property in question, including any prior development phases of the property, is currently in compliance with both the Deschutes County Code and any prior land use approvals for the development of the property; or 2. That the application is for the purpose of bringing the property into compliance with the Deschutes County land use regulations and/or prior land use approvals. C. A violation means the property has been determined to not be in compliance either through a prior decision by the County or other tribunal, or through the review process of the current application, or through an acknowledgement by the alleged violator in a signed voluntary compliance agreement ("VCA"). D. A permit or other approval, including building permit applications, may be authorized if: 1. It results in the property coming into full compliance with all applicable provisions of the federal, state, or local laws, and Deschutes County Code, including sequencing of permits or other approvals as part of a voluntary compliance agreement; 2. It is necessary to protect the public health or safety; 3. It is for work related to and within a valid easement over, on, or under the affected property; or 4. It is for emergency repairs to make a structure habitable or a road or bridge to bear traffic. E. Public Health and Safety. 1. For the purposes of this section, public health and safety means the actions authorized by the permit would cause abatement of conditions found to exist on the property that endanger life, health, personal property, or safety of the residents of the property or the public. 2. Examples of that situation include, but are not limited to issuance of permits to replace faulty electrical wiring, repair or install furnace equipment; roof repairs; replace or repair compromised utility infrastructure for water, sewer, fuel or power; and actions necessary to stop earth slope failure. (Ord. 2020-007, , 20, 2020; Ord. 2015-019, §1, 2015) PAGE 1 OF 1 — EXHIBIT T TO ORDINANCE NO. 2020-007 Chapter 22.34. PROCEEDINGS ON REMAND 22.34.040. Scope of Proceeding. A. On remand, the Hearings Body shall review those issues that LUBA or the Court of Appeals required to be addressed. In addition, the Hearings BodyBeard shall have the discretion to reopen the record in instances in which it deems it to be appropriate. B. At the Board's Hearings Body's discretion, a remanded application for a land use permit may be modified to address issues involved in the remand or withdrawal to the extent that such modifications would not substantially alter the proposal and would not have a significantly greater impact on surrounding neighbors. Any greater modification would require a new application. C. If additional testimony is required to comply with the remand, parties may raise new, unresolved issues that relate to new evidence directed toward the issue on remand. Other issues that were resolved by the LUBA appeal or that were not appealed shall be deemed to be waived and may not be reopened. (Ord. 2020-007 §21, 2020; Ord. 95-045 §§39 and 42, 1995) PAGE 1 OF 1 — EXHIBIT U TO ORDINANCE NO. 2020-007 Chapter 22.36. LIMITATIONS ON APPROVALS 22.36.010. Expiration of Approval. B. Duration of Approvals. 1. Except as otherwise provided under DCC 22.36.010 or under applicable zoning ordinance provisions, a land use permit is void two years after the date the discretionary decision becomes final if the use approved in the permit is not initiated within that time period. 2. Except as otherwise provided under applicable ordinance provisions, preliminary approval of plats or master plans shall be void after two years from the date of preliminary approval, unless the final plat has been submitted to the Planning Division for final approval within that time period, an extension is sought under DCC 22.36.010 or the preliminary plat or master plan approval has been initiated as defined herein. 3. In cases of a land use approval authorized under applicable approval criteria to be completed in phases, each phase must be initiated within the time specified in the approval, or initiated within two years of completion of the prior phase if no timetable is specified. 4. The approval period for the following dwellings in the Exclusive Farm Use and Forest Use Zones is for 4 years: a. Nonfarm dwelling b. Lot of record dwelling c. Large tract dwelling d. Template dwelling. e. Alteration, restoration or replacement of a lawfully established dwelling in Forest Use Zones f. Caretaker residences for public parks and public fish hatcheries (Ord. 2020-007 22, 2020; Ord. 2017-015§5, 2017; Ord. 2015-017 §s5, 2015; Ord. 2011-016, 2011; Ord. 2004-001 §4, 2004; Ord. 95-045 §43A, 1995; Ord. 95-018 §1, 1995; Ord. 90-007 §1, 1990) PAGE 1 OF 1 — EXHIBIT V TO ORDINANCE NO. 2020-007 SCctiow 2.6 w%I.dl,I,fe PoLici-es Goals and Policies Goal 3 Support retaining populations of Federal and State protected endangered species. Policy 2.6.12 Address potential conflicts between large-scale development and sage grouse habitat using Ordinances Nos. 2015-010 2010 010 and 2015-01 12010 01 1, which are consistent with OAR 660-023-01 15. DESCHUTES COUNTY COMPREHENSIVE PLAN - 201 I CHAPTER 2 RESOURCE MANAGEMENT REFERENCES PAGE 1 OF 1 - EXHIBIT W TO ORDINANCE NO. 2020-007 FINDINGS HOUSEKEEPING TEXT AMENDMENTS BACKGROUND The Planning Division regularly amends Deschutes County Code (DCC) and the Comprehensive Plan to correct minor errors identified by staff, other County departments, and the public. This process, commonly referred to as housekeeping, also incorporates updates from rulemaking at the state level through amendments to Oregon Revised Statutes (ORS) and Oregon Administrative Rules (OAR). The last round of housekeeping amendments was completed in August 2018.1 II. PROPOSED AMENDMENTS The proposed amendments are described in Ordinance 2020-007, Exhibits C through W. Added language is underlined and deleted shown as strikethrough. They are necessary to clarify existing standards and procedures, incorporate changes to state law, and correct scrivener's errors. Table 1 summarizes the amendments. Table 1 - Summary of Amendments Exhibit Amendment C Title 9 Public Peace and Welfare Chapter 9.12 Right to Farm DCC 9.12.100(B) Correct scrivener's error in code reference: DCC 9.12.100 not 9.12.110. D Title 15 Buildings and Construction Chapter 15.04 Building and Construction Codes and Regulations DCC 15.04.080 Update year edition of International Fire Code. E Title 17 Subdivisions Chapter 17.22 Approval of Tentative Plans for Partitions DCC 17.22.010(A) Change requirement for partition tentative plat plans from 10 copies to 1 full size copy. DCC 17.22.020(A)(8) Correct scrivener's error in code reference. F Title 17 Subdivisions Chapter 17.24 Final Plat DCC 17.24.040 / .150 / 160 / .170 Update text to reflect modern practices. 1 Ordinance No. 2018-006. PAGE 1 OF 5 — FINDINGS — File No. 247-20-000341-PA and 247-20-000342-TA Exhibit X Exhibit Amendment Title 18 County Zoning Chapter 18.04 Title, Purpose and Definitions G DCC 18.04.030 Align definitions of "land disposal site" and "disposal site" with ORS. Delete "resource recovery" and "solid waste" to reduce confusion. Title 18 County Zoning Chapter 18.12 Establishment of Zones H DCC 18.12.040(C) Remove incorrect statement that Title 18 does not apply to the Flood Plain Zone. Title 18 County Zoning Chapter 18.16 Exclusive Farm Use Zone I DCC 18.16.031(A) Clarification that a "disposal site which includes a land disposal site" is an allowable conditional use on non -high value farmland, consistent with statute. DCC 18.16.040(N) Correct scrivener's error related to conditional use limitations for composting operations and facilities in EFU Zone. Current DCC 18.16.031(D), should be (C). Title 18 County Zoning Chapter 18.36 Forest Use Zone - F1 DCC 18.36.030(F) Clarification that a "disposal site which includes a land disposal site" is an allowable conditional use, consistent with statute. K Title 18 County Zoning Chapter 18.40 Forest Use Zone - F2 DCC 18.40.030(G) Clarification that a "disposal site which includes a land disposal site" is an allowable conditional use, consistent with statute. L Title 18 County Zoning Chapter 18.80 Airport Safety Combining Zone DCC 18.80.044(F) Add transitional surface to location list for consistency with table. DCC 18.80 Addendum Updates to Declaration of Anticipated Noise agreement. M Title 18 County Zoning Chapter 18.84 Landsca a Management Combining Zone DCC 18.84.080(C) Correct scrivener's error to note the subsection (not the whole LM code) does not apply for consistency with adopted ordinance. N Title 18 County Zoning Chapter 18.90 Sensitive Bird and Mammal Habitat Combining Zone DCC 18.90.050(D) Correct 120 day time limit to 150 days for SBMH site plan review timeline. (150 days applies to counties; 120 days applies to cities.) 0 Title 18 County Zoning Chapter 18.108 Urban Unincorporated Community Zone - Sunriver DCC 18.108.180(B)(6) Clarify commercial composting, as approved by DEQ, is an allowable conditional use in the Sunriver Forest District. (Related to update of "disposal site" and "land disposal site" in DCC 18.04.) PAGE 2 OF 5 — FINDINGS — 247-20-000341-PA and 247-20-000342-TA Exhibit X Exhibit Amendment P Title 18 County Zoning Chapter 18.116 Supplementary Provisions DCC 18.116.330(B)(20) Correct scrivener's error: add missing word ("with"). Title 18 County Zoning Chapter 18.128 Conditional Use Q DCC 18.128.015(C) Correct scriveners error: "insure" to "ensure". DCC 18.128.120 Deletion of "landfill, solid waste" to simplify terminology to just "disposal site. DCC 18.128.320(D)(3) Correct scrivener's error ORS reference to OAR. R Title 19 Bend Urban Area Zoning Ordinance Chapter 19.22 Westside Transect DCC 19.22.060(G) Add additional directive text for phasing requirement. S Title 22 Deschutes County Development Procedures Chapter 22.04 Introductions and Definitions DCC 22.04.020 Correct scrivener's error in Land Use Permit definition. T Title 22 Deschutes County Development Procedures Chapter 22.20 Review of Land use Action Applications DCC 22.20.015 Correct scrivener's error (unnecessary word). U Title 22 Deschutes County Development Procedures Chapter 22.34 Proceedings on Remand DCC 22.34.040(A) and (B) Proceedings on remand - change "Board" to Hearings Body. V Title 22 Deschutes County Development Procedures Chapter 22.36 Limitations on Approvals DCC 22.36.010 Align DCC with statute by clarifying the approval period for permits granting approval of: 1) replacement of lawfully established dwelling in Forest Use zones; and, 2) caretaker residences for public parks / public fish hatcheries. W Title 23 Comprehensive Plan Section 2.6 Wildlife Policy 2.6.12 Change scrivener's error for Sage Grouse ordinances from 2010-010/11 to 2015-010/11. III. BASIC FINDINGS The Planning Division determined minor changes were necessary to clarify existing standards and procedural requirements, incorporate changes to state law, and correct errors found in various sections of DCC. Staff initiated the proposed changes and notified the Oregon Department of Land Conservation and Development. As demonstrated in Table 1, the amendments remain consistent PAGE 3 OF 5 — FINDINGS — 247-20-000341-PA and 247-20-000342-TA Exhibit X with Deschutes County Code, Deschutes County Comprehensive Plan, and the Statewide Planning Goals. IV. CONCLUSIONARY FINDINGS A. CHAPTER 22.12, LEGISLATIVE PROCEDURES Section 22.12.010. Hearing Required FINDING: The Planning Commission held a public hearing on June 25, 2020. The Board of County Commissioners (Board) will hold a hearing following a Planning Commission recommendation. This criterion is met. 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 is met as notice was published in The Bulletin newspaper on June 10, 2020 for the Planning Commission public hearing and July 1, 2020 for the Board 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 is met as notice was posted on the bulletin board in the lobby of the Deschutes County Community Development Department, 117 NW Lafayette, Bend, as well as on the Planning Division website. 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: The proposed amendments are legislative and do not apply to any specific property. Therefore, individual notice is not required. D. Media notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. PAGE 4 OF 5 — FINDINGS — 247-20-000341-PA and 247-20-000342-TA Exhibit X FINDING: Notice was provided to the County public information official for wider media distribution. This criterion has been met. 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, and has received a fee waiver. This criterion has been met. Section 22.12.040. Hearings Body A. The following shall serve as hearings or review body for legislative changes in this order: 1. The Planning Commission. 2. The Board of County Commissioners. B. Any legislative change initiated by the Board of County Commissioners shall be reviewed by the Planning Commission prior to action being taken by the Board of Commissioners. FINDING: This criterion is met as the Planning Commission held a public hearing on June 25, 2020. The Planning Commission recommended approval of the proposed amendments unanimously. The Board will hold their own public hearing on July 15, 2020. Section 22.12.050 Final Decision All legislative changes shall be adopted by ordinance FINDING: The proposed legislative changes included in file no. 247-20-000341-PA and 247-20- 000342-TA will be implemented by an ordinance upon approval and adoption by the Board. This criterion will be met. PAGE 5 OF 5 — FINDINGS — 247-20-000341-PA and 247-20-000342-TA Exhibit X ?ff,:st iff'f ffffff ft! Iffff ,,fffff Numbers: 247-20-000341-PA 1 z uJ cO cL v.) u.1 0 Z N 0 o c\J V)Lr 0 D D z u 0 0 cc) ft e (1) ri m w Q) > c- N on L— a) F— a LCO co s- 0 s— co Q.) 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L 4_0 13) — rCi M (1-3 r0 .„C 1— UUUUUUU 0 0 0 001 '40000 0 MEM U 00000 10000 E ..0010 LJ • J. @fflaglea 7c) ro Oi 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 July 15, 2020 DATE: July 14, 2020 FROM: John Laherty, Legal, TITLE OF AGENDA ITEM: Public Hearing on Annexations into West La Pine Livestock BACKGROUND AND POLICY IMPLICATIONS: On or about May 20, 2019 and June 14, 2019, Deschutes County received two (2) petitions to annex land into the West La Pine Livestock District. Each petition is for a different area of land. The Clerk has certified the petitions, and staff has corresponded with the chief petitioner (Ron Thompson) extensively over the last nine (9) months regarding how to move forward. Initially, Mr. Thompson indicated that he intended to gather the requisite number of signatures in support of the petitions so as to avoid the need for an election on the petitions. However he has recently determined that collecting the necessary signatures is not feasible. So, an election will be required. For each petition, the electors will be those individuals registered to vote within the area to be annexed. The 2017 version of ORS Chapter 607 governs these petitions because they were filed with the County before the January 1, 2020 effective date of the 2019 Act that revised applicable state law. Under that Chapter, the Board is required to hold public hearings on the annexation petitions and, if the Board approves the petitions, to call an election. The next available time for that election will be November 2020. Board Order No. 2020-018 and 2020-019 were approved on June 10, 2020 setting the public hearing for July 15, 2020. ATTENDANCE: John Laherty, Legal; Nancy Blankenship, Clerk Deschutes County, Oregon West LaPine Livestock Disctrict Annex 1 I Livestock District Livestock Annex 111 1 Proposed 1 Annex 1 Proposed 2 Annex 0 750 1,500 w 3,000 N KLAMATH COUNTY DISCLAIMER, The The information on this map was derived from digital databases on Deschutes Countys G.I S. Care was taken in the creation of this map, but it Is provided s is Deschutes county cannot accept any responsibility for errors, omissions, or positional accuracy in the digital da. or the underlying records. There are no warranties, express or implied. including the warranty of merchantability or fitness fora parlicIlar purpose, accompanying this product. However, notification of any errors will be appreciated.- June. 2020 Path:\Matrix\Projects\Custom\County\Clerk,Livestock_Annex,MXD\ThompsonAnnex.nod Feet 220901 210936 h PR PtNEYJ A Y 211031 E WHIT E._„PINE WAY GRC Yo- 221006 CAMBIUM BIRDS EVE SITKA SPRMgWOO PEACH 220912 220913 220924 220925 CURLLEAF LAURE SPRR)NGWOO D w GREEN H R oo1.7. 4, U 03 RD OOTC Qe \RONBA 2 PYROLA ca 221007 211032 221005 221030 221018 221019 a. O 0) 02 —1- rc O w (0 0 YORKIE LN SWEETGUM 221008 FERNDALE CT TREEMONT PL p,R ST ELK AVE \�....... re' 221017 C�IV) 221020 0 01 E LIBERTY O RD O FEDERAL RI 0 I 504 READ LOOP �2m s 9 0 DEER AVE rn w Y w 0 z N w _.221004 z > U 3 6 0 z O BLUE BIRD LN OREENWOOD DR — J z RIM DR c_87 �a Ly0it o JACOBSEN RD LDERBERRY LN LES E DR WOODLAN Za S[0 a WRIGHT AVE R 0: 211034 -W- HOLIDAY 0 LN =RONTAT RD DAVIS AVE z ADDELL 9 RD w 0 221003 2 K K 0. 221010 6TH ST PENGRA ST STILLWELL $ 2ND S OLD MAIN C 3RD WI 5TH ST U 0 3 BRADLEY i RD{ PIERCE RD SEED RD w f 221016 0 0 cc 0 K 0 JACKPINE LOOP 221029 MASTEN RD 221021 221028 O O JACKPINE LOOP 221027 221015 221022 221011 MEMORIAL LN/ H 1ST 03 ATH R ST 211035 o / O 211036 BURGESS RD 221002 r BEESLE PL yA aSEMBLY W 3 BOX WA DILLON W. 221014 va OU O rzE U Q ASSIDY DR — 00 ASSIDY CT I i i Oi 0 i O O WHITEBUCK L7 AVE pI WAYNE DR S LA PINE DR 221023 221026 FINLEY B 22100 221012 REED RD FOSS RD LASS• LN E RRD M'A DR 210 TE RD tt ' J OAKRIE PL 83 221024 22102 0.5 1 2 3 Miles Deschutes County Livestock District: West La Pine Under ORS Chapter 607 and Deschutes County Code Chapter 6.08 it is unlawful for livestock to roam at large within a livestock district. In this livestock district,Iivestock includes cattle and horses. West La Pine City of La Pine Taxlots _ _ ;, County Boundary Sections River Streams Canal (main) Canal (lateral) Other roads County State Highways Railroads The information on this map was derived from c6gtal databases on Deschutes County's G.I.S. Care was taken in the creation of this map, but it is provided "as is". Deschutes County cannot accept any responsibility for errors, omissions, or positional accuracy in the digital data or the underlying records. There are no warranties, express or implied, including the warranty of merchantability or fitness for a particular purpose, accompanying this product. However, notification of any errors will be appreciated. Date Saved: 9/5/2014 2:12:38 PM John Anderson, GIS Analyst Phone: (541) 322-7102 Z Email: john.anderson©deschutes.org Address: 61150 SE 27th St { Bend, OR 97702 Road Department P:\ArcGIS Products\Livestock Districts\LD_WestLaPine.mxd