2020-252-Order No. 2020-036 Recorded 7/27/2020Recorded in Deschutes County
Nancy Blankenship, County Clerk
Commissioners' Journal 07/27/2020 11:16:19 AM
CJ2020-252
I 11 11 III 1111111 11i
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
An Order Approving SDC Installment Payments
for a Land Use Approved Under Files 247-19-
000758-CU and 247-19-000759-SP.
*
*
*
ORDER NO. 2020-036
WHEREAS, Treehouse Therapies applied for and was approved for a conditional use and site
plan review to establish a commercial use (child therapy incorporating agricultural activities) under Files
247-19-000758-CU and 247-19-000759-SP for property located at 6396 SW McVey Ave., aka 16-12-
02D, Tax Lot 400; and
WHEREAS, as allowed by the Board's standing Resolution 2013-020, Section 5(A), Treehouse
Therapies separately requested approval of a 10-year installment payment plan for payment of the
$22,240 transportation system development charge (SDC) associated with the aforementioned land
use approval; and
WHEREAS, Treehouse Therapies' request would result in 20 equal payments of $1,419.90
each, including fixed raterof 4.90% per annum, with two payments being due on July 15 and January
15 of each of tel In consecutive years, the first payment due on July 15, 2020 and that last payment due
on January 15, 2030; and
WHEREAS, County staff presented the request for the installment plan at the Board meeting on
July 8, 2020, and in conjunction therewith did respond to questions from the Board; and
WHEREAS, DCC 15.12.060 requires that Board approval of the installment plan be reflected in
a Board Order; now therefore
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, hereby
ORDERS as follows:
Section 1. Treehouse Therapies' request for approval of an installment plan for payment of
SDC fees is approved, resulting in 20 equal payments of $1,419.90, including a fixed rate of 4.90% per
annum, due on July 15 and January 15 of each of ten consecutive years, with the first payment due on
July 15, 2020 and the last payment due on January 15, 2030.
Section 2. This Order is effective upon signing.
ORDER NO. 2020-036
DATED this ()day of
OFFICIAL STAMP
SAMANTHA NICOLE PEPPER
NOTARY PUBLIC-OREGON
COMMISSION NO, 982927
MY COMMISSION EXPIRES JANUARY 28, 2023
i
ATTEST:
Recordin'Sec ta? i
ORDER NO. 2020-036
, 2020.
BOARD OF COUNTY COMMISSIONERS
PA I ADAIR, air
ANTHONY DeBONE, Vice Chair
PHILIP G. HEN
ERS I N, Commissioner
TRANSPORTATION SYSTEM DEVELOPMENT CHARGE
APPLICATION AND INSTALLMENT PAYMENT AGREEMENT
TO: Deschutes County Board of Commissioners
c/o Deschutes County Road Department Director
61150 SE 27th St.
Bend, OR 97702
Pursuant to Deschutes County Resolution 2013-020, I (we) (hereafter referred to as
"Applicant(s)") apply to finance the Transportation System Development Charge (hereafter
referred to as "SDC") imposed on property (see legal description) located in the unincorporated
area of Deschutes County, Oregon.
Applicant(s) own(s) the Property on which the SDC has been imposed. The Property is
described as follows:
I egni Descriptinm Parcel "R" Minor Land Partition MP-77=183
SUBDIVISION:
Tax Lot Number: 161202D000400
Ownership information on the Property is as follows:
Owner's name: Treehouse Therapies Associates
Owner's address: 6396 SW McVey Ave.
Applicant(s) acknowledge(s) that the amount of the SDC imposed on the property is $22,240
and was imposed when Applicant developed the property.
Applicant(s) hereby requests County approval and agree(s) to pay the SDC over a period of 10
years, as outlined in this document. The interest rate shall be set at 150 basis points above the
rate in effect at the time of application as quoted by Bloomberg; Market Data, Key Rates,
Mortgage (National Average), 30-year fixed. Applicant(s) acknowledge(s) that the interest rate
set by the County has been established at a rate sufficient to pay a proportionate part of the
costs of administering the SDC financing program under Deschutes County Code and Oregon
law. Applicant(s) agree(s) to pay such interest rate. Applicant(s) acknowledge(s) that financed
SDC amounts are a first lien and encumbrance against the Property. Applicant(s)
Page 1 of 3
acknowledge(s) that the County will record this document in the property records of the County
Clerk.
In applying to finance payment of the SDC, Applicant(s) agree(s) to make installment payments
under the following terms:
1. Basis of Payment Terms. The payment schedule set forth in this document is based
upon the Applicant's request that the entire amount of the $22,240 SDC will be
financed at the fixed rate of 4.90% per annum over a ten-year period with 20 equal
semi-annual installment payments.
2. Terms. Installment payments of $1,419.90 shall be due and payable beginning on the
15th day of July 2020 and thereafter the 15f' day of the next following January and
July until all outstanding amounts and interest thereon are paid. Unless the County
directs otherwise, payment shall be made to the Deschutes County Finance
Department, Deschutes Services Building, 1300 NW Wall St., Suite 200, Bend, OR
97701.
3. Prepayment. Prepayments will be accepted at any time without penalty, applied first
to accrued interest and then to principal. Upon request, prepayments may be applied
to meet the next installment payment due.
4. Payment on Delinquent Accounts. This account will be delinquent if full payment of
any semi-annual installment has not been received by the due date. Delinquent
amounts shall accrue interest at the rate of 1 % per month without proration for a
fraction of a month. County is under no obligation to furnish notice of delinquency or
demand for payment. Payments on accounts with delinquencies shall be applied to
accrued interest first.
Enforcement and Collection. If any scheduled semi-annual installment payment, or
any amount thereof, remains unpaid for more than one year after it is due, the County
may undertake actions against the Property to collect such delinquencies, including
without limitation, foreclosure for the entire outstanding SDC amount, plus accrued
interest and costs, as allowed by applicable state law. Failure of the County to assert
any rights it may have under law and this agreement regarding enforcement and
collection shall not constitute a waiver of any of County's rights to enforce and collect
the SDC.
6. Terms Binding on Applicant's Successors in Interest. The terms of this installment
application and agreement run with the Property and bind any of the Applicant(s)'s
successors in interest.
This application and agreement is submitted in accordance with the provisions of Deschutes
County Resolution 2013-020 and Chapter 15.12.060 of the Deschutes County Code. In
consideration of and pursuant to these legal considerations, the Applicant(s) as owner(s) of the
Property, does (do) hereby expressly waive all irregularities or defects, jurisdictional or
otherwise.
Page 2 of 3
ALL OWNERS WHOSE NAME(S) APPEAR ON THE COUNTY PROPERTY RECORDS MUST
SIGN THIS APPLICATION.
Dated this 1)-- day,of , 2020
Applicant(s): CRI! *y
S' n turet-
Signature
Signature Signature
Owner's address to which invoices are to be sent:
State of Oregon )
County of Deschutes ss.
Subscribed and sworn to before me
this \J day of
LI
P1ULdIy r- UL) I I 1,3 101 Liltly1-11
(
Title
My Commission Expires k
, 20 by
Page 3 of 3
MINA JOSH
9 NOTARY PUBLIC - OREGON
COMMISSION NO. 967289A
MY COMMISSION EXPIRES DECEIMER 21. 2020
Docu Sign Envelope ID: 4DE7CC90-CCC7-4A91-9DBE-1 F7B137588A9
BOARD RESOLUTION
APPROVING PURCHASE OF PROPERTY
WHEREAS, the Board of Directors of Treehouse Therapies Associates, deems it desirable and in the
best interests of this organization to acquire the "property" located at 6396 SW McVey, in the City of
Redmond and County of Deschutes, State of Oregon (the "Property").
NOW, THEREFORE, BE IT RESOLVED, that this organization acquire the
Property [for such price and upon such terms and conditions as the Executive Director of this
corporation may, in their discretion, deem advisable] for a price of approximately $625,000.
RESOLVED FURTHER, that Christen Eby, PT, Executive Director is
hereby authorized, directed and empowered to execute, for and on behalf of this organization and in
its name, any and all documents required in connection with the purchase of the Property, including
but not limited to purchase agreements, loan documents and escrow documents.
RESOLVED, that the officers of this organization are, and each acting alone is,
hereby authorized to do and perform any and all such acts, including execution of any and all
documents and certificates, as such officers shall deem necessary or advisable, to carry out the
purposes and intent of the foregoing resolutions.
RESOLVED FURTHER, that any actions taken by such officers prior to the date
of the foregoing resolutions adopted hereby that are within the authority conferred thereby are
hereby ratified, confirmed and approved as the acts and deeds of this corporation.
Jenny Bjorvik, Director
Logan Clausen, Director
nA i(:t 1)6/it In.
8/16/2019
Mike Doden, Director
I/NY
.
Christen Eby, Exe
utive Director
vv-
Georgia Merrifield, Director._.
41
Julie Rice, Director
2125 NE Daggett Ln Bend, OR 97701
(tel) 541--389-1f34.3 I (Fax) 541.-::5O-7956
00�i A
'•.�`o Treehouse
�' Therapies
Child n • Family • Community
117 NW Lafayette Avenue
Bend, OR 97708
541-383-6718
Peter.Russell@deschutes.org
05/12/2020
Dear Peter and Deschutes County Commissioners,
As per the email about the request regarding the SDC, we want to submit a letter to formally request an installment
agreement. Treehouse Therapies is a 501c3 nonprofit pediatric therapy clinic. The mission of Treehouse Therapies is
to provide children faced with various special needs with compassionate and comprehensive therapy regardless of
their financial or insurance limitations. Since 2015, Treehouse Therapies has grown from just 2 therapists to 18
therapists providing physical, occupational, and behavioral health therapy. Over half of our clients have Medicaid
insurance and most are significantly under -insured. About fifty percent of the children we serve require or will require
some assistance through our scholarship program.
Our programs serve about 500 children per year. Since 2015, we have provided over $p200,000 worth of free care to
children who would have otherwise had to forego treatment. We currently have a high demand for our behavioral
health and occupational therapy services,and we do not have enough space to treat the children o r more than 9-
month wait list. It is for this reason that we have purchased the property at 6396 SW McVey and are working through
the change of use requirements with the county. This Redmond location will allow us to serve the northern reaches of
Central Oregon, an area shown to have the highest need and to be the most underserved.
This location will allow us to double our capacity for behavioral health care. Currently access to behavioral health
services for children and families in Central Oregon is significantly limited. Multiple research groups have identified
behavioral health services to be of the highest need in our county, including research done by:
1. Advancing Integrated Care in Central Oregon Regional Needs Assessment
2. The Regional Health Assessment
3. The Oregon Pediatric Improvement Project
4. OHSU Community Research Hub
5. OYSHCN (Oregon Center for Children and Youth with Special Health Needs)
The onset and repercussions of the COVID-19 pandemic has increased our community's already high demand for
behavioral health care and at the same time has diminished the financial capabilities of many nonprofits, including
Treehouse Therapies, to provide this care. Treehouse Therapies, like many Central Oregon businesses, has
experienced significant financial loss due to the crisis, which caused 8 weeks of clinic closure and required the
cancelation of planned fundraising events.
$22,240 is a significant amount of money for our organization and these funds are greatly needed for our programs.
The $22,240 of SDC funds could provide 445 therapy sessions. $22,240 could drastically improve the lives of
Deschutes County children and families by providing weekly therapy visits for six to twelve months for 20-30 families.
Because of this we are asking Deschutes County Commissioners to consider the following as an alternative to the
typical SDC installment plan so that we can invest the funds into serving the community and providing care to those
who desperately need it and can not afford it.
1. Forgiveness. If possible, we would like the SDC fee to be forgivable?
2. If forgivable is not an option are there grants that we could submit for from the county to cover this cost for the
SDC?
3. If the above options are not available, we are asking for an installment plan with no interest divided out over 20 years.
This would allow us to continue to serve the children in our community without the immediate financial burden of
the $22,240 SDC cost.
We look forward to working with you on this to see if there are ways to minimize the financial impact that the SDC
will cause the organization and increase the impact that our organization can have for good on our community.
Sincerely,
Christen Eby
Executive Director
Treehouse Therapies
christeotwtrcchoosetherapies.corn
www.treehousetherapies.com
FINDINGS AND DECISION
FILE NUMBER: 247-19-000758-CU / 759-SP
SUBJECT PROPERTY
OWNER:
Mailing Date:
Thursday, April 16, 2020
COMMUNITY DEVELOPMENT
Mailing Name: TREEHOUSE THERAPIES ASSOCIATES
Map and Taxlot: 161202D000400
Account: 157315
Situs Address: 6396 SW MCVEY AVE, REDMOND, OR 97756
APPLICANT: Treehouse Therapies Associates
AGENT: Greg Blackmore
Blackmore Planning and Development Services
REQUEST: Conditional Use and Site Plan Review to establish a Commercial Use in
Conjunction with a Farm Use in the Multiple Use Agricultural (MUA-10)
zone that incorporates farming activities (animal care, agriculture, and
horticulture) into pediatric therapy.
STAFF CONTACT:
Matthew Martin, Associate Planner
Phone: 541-330-4620
Email: matt.martinCa7deschutes.org
1. APPLICABLE CRITERIA
Title 18 of the Deschutes County Code, the County Zoning Ordinance:
Chapter 18.32. Multiple Use Agricultural Zone (MUA10)
Chapter 18.80. Airport Safety Combining Zone (AS)
Chapter 18.116. Supplementary Provisions
Chapter 18.124. Site Plan Review
Chapter 18.128. Conditional Use
Title 22, Deschutes County Development Procedures Ordinance
II. BASIC FINDINGS
117 NW Lafayette Avenue, Bend, Oregon 97703 I P.O. Box 6005, Bend, OR 97708-6005
(541) 388-6575 1' d@deschutes,org ww\eleschutes org,/cd
LOT OF RECORD: The subject property is a legal lot of record as it was originally conveyed as Parcel
"B" of Minor Land Partition Plat No. MP-77-183.
SITE DESCRIPTION: The subject 2.44-acre property is generally rectangular in shape and fronts on
SW McVey Avenue. The grade of the property is relatively even throughout. Vegetation consists of
juniper and pine trees, irrigated pasture grass, and other introduced and nature landscaping. The
property is developed with a single-family dwelling and several accessory structures. The property
is not currently receiving special assessment for farm use.
Image 1. Aerial photo of the subject property. (Source: Deschutes DIAL)
REVIEW PERIOD: The subject applications were submitted on October 7, 2019 and deemed
complete by the Planning Division on November 6, 2019. Staff later identified the need for additional
application calcification and detail. On January 9, 2020, the applicant, via their agent Greg
Blackmore, requested the review time period be extended from December 24, 2019, through the
time period necessary to respond to a request by staff for additional detail pertaining to the
proposal. The applicant submitted the identified additional information on multiple occasions with
the last item submitted on March 1, 2020. This resulted in an extension of 68 days. Based on this
information, the 150th day on which the County must take final action on this application is June 11,
2020.
PROPOSAL: The applicant proposes to establish a commercial use in conjunction with a farm use that
incorporates farming activities into pediatric therapy. The identified farming activities include animal
care, agriculture, and horticulture. The submitted burden of proof states:
247-19-000758-CU / 759-SP
Page 2 of 36
Treehouse Therapies is a nonprofit pediatric therapy clinic that serves Central Oregon with locations in
Bend and Redmond. Treehouse offers physical and occupational therapy, as well as behavioral health,
hippotherapy and speech therapy. At all locations, Treehouse Therapies intentionally provides settings
for children (from birth through adolescence) that are child -centered and family oriented. In addition to
locations at the Deschutes Children's Foundation (in Bend) and Kaleidoscope Family Center (in
Redmond) , Treehouse offers equine therapy at Healing Reigns Therapeutic Riding Center. Similar to the
Healing Reigns setting, the intent of the McVey setting is to invite pediatric clients to the farm setting,
where through interaction with the farm and agricultural use, (via animals, horticulture and agriculture)
pediatric clients can efficiently and effectively advance their therapy efforts. Included in the record is a
body of evidence that documents how animals, agriculture, horticulture and farm interactions can assist
with therapy.
Mira
180811..
Image 2. Site plan of subject property and proposed developments submitted January 8, 2020.
(Source: Applicant)
247-19-000758-CU / 759-5P
Page 3 of 36
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Image 3. Excerpt from submitted site plan with parking and access detail,
(Source: Applicant)
SURROUNDING LAND USES: The area is developed with rural residences on large lots, along with
small scale farming activities. The property is located approximately 1 mile southwest of the
Redmond Urban Growth Boundary.
Image 4. Aerial photo of subject property and surrounding area with zoning overlay.
(Source: Deschutes DIAL)
247-19-000758-CU / 759-SP
Page 4 of 36
LAND USE HISTORY:
• No previous land use approvals.
PUBLIC AGENCY COMMENTS: The Planning Division mailed notice on October16, 2019, to several
public agencies and received the following comments:
Central Oregon Irrigation District:
According to our records, the subject property has 1.70 acres of COID water rights
Listed below are COIDs initial comments to the provided application. All development affecting irrigation
facilities shall be in accordance with COID's Development Handbook and/or as otherwise approved by the
District.
• Any irrigation conveyance, District or private, which passes through the subject property shall
not be encroached upon or cross without written permission from COID. Please contact COLD for
the process, fees and timelines.
• No structures of any kind, including fences, are permitted within COID's property/easement/right
of way without COID approval.
• According to our records the subject property has 1.70 acres of COID water rights.
o If upon completion any new structures, driveways, parking lots, walkways or roads
encroach on the COiD water right the affected water would need to be removed. Please
contact COiD for additional information.
Our comments are based on the information provided, which we understand to be schematic in nature
at this time. Our comments are subject to change. Additional requirements may be made as site planning
progresses or additional information becomes available. Please provide updated documents to COID for
review as they become available.
Irrigation infrastructure and right-of-way are required to be identified on all maps and plans. Policies,
standards, fees and requirements set forth in the COiD Developer Handbook must be complied with. If
you have any questions, please contact COID at 541-548-6047.
Deschutes County Senior Transportation Planner, Peter Russell
REVISED COMMENTS 12/17/19:
The Road Department Director and l have reviewed the attached memo' from Transight LLC regarding
trip generation rates and transportation system development charges (SDCs) for the proposed children's
therapy clinic (file 247-19-000758-CU/759-SP) at 6396 SW McKay, aka 16-12-02D, Tax Lot 400. The
Institute of Traffic Engineers (ITE) Trip Generation Manual does not list this exact use, so the consultant
has used Medical -Dental Clinic (Land Use 720) as an analogous use. Staff has determined the combination
'The comments received from Peter Russell included an attached memo from Transight Consulting, LLC dated
12/12/19.
247-19-000758-CU / 759-SP Page 5 of 36
of the unique use, the amount of building space dedicated to the proposed use as this type of therapy
uses more space per individual than a traditional medical or dental clinic due to equipment and
techniques, the trip generation can be reduced from 10 p.m. peak hour trips to five.
The revised SDC would thus be $22,240 based on the current SDC rate of $4,448 per peak hour trip (5 X
$4,448).
ORIGINAL COMMENTS 1212/19:
l have reviewed the transmittal materials for 247-19-000758-CU/759-SP for a commercial use (pediatric
therapy) in conjunction with a farm use on a 2.44 lot in the Multiple Use Agriculture (MUA-10) and Airport
Safety (AS) zones at 6396 SW McVey Ave., aka County Assessor Map 16-12-02D, Tax Lot 400. The proposal
includes farming activities (animal care, agriculture, and horticulture) as therapy.
The applicant has submitted a Site Traffic Report by Transight Consulting (STR) dated Sept. 23, 2019. As
the Institute of Traffic Engineers (iTE) Trip Generation Manual has no category for this use, the STR utilized
Medical -Dental Clinic (Land Use 720) as an analogous use. Staff agrees with that selection and agrees with
the STR's methodologies, conclusions, and findings.
The property accesses SW McVey Ave., a County -maintained road, which is functionally classified as a
local. The applicant will need to provide a copy of a Deschutes County -issued access permit or be required
to obtain one as a condition of approval to comply with DCC 17.48.210(A).
The property lies approximately 29,780 feet to the southwest of the Redmond Airport. The combination of
the
..s ,. ..«:..g structure,
t4.,. height limit o f t4,., ner rn I0 and the distance from tH., .,.;.-{:e,I.4
Uie use of Uf! existing �LI LIL.LUI C, the /rcr�r(L Nrrrrt VJ L1IC IVl LJP7-rll Lone, ar1L4 LrlG LINLUNL.6 Jr Llr L/ the Ld11J1GU,
means the proposed use will not penetrate any imaginary surfaces associated with the Redmond Airport,
aka Roberts Field.
Board Resolution 2013-020 sets a transportation system development charge (SDC) rate of $4,448 per
p.m. peak hour trip. The applicant's STR indicates the site will generate 11 p.m. peak hour trips, including
10 new p.m. peak hour trips. Therefore the applicable SDC is $44,480 ($4,448 X 10). The burden of proof
is ambiguous on whether the residential use will continue or not, but both the SDC and the STR credit the
site with one p.m. peak hour trip for the existing residence. The SDC is based on new p.m. peak hour trips,
not total p.m. peak hour trips. The SDC is due prior to issuance of certificate of occupancy; if a certificate
of occupancy is not applicable, then the SDC is due within 60 days of the land use decision becoming final.
Redmond Fire Department
WATER:
Area without Fire Hydrants:
• NFPA 1142 Requirements
o If the structure is being built in an area without a public water supply system, then the water
flow requirements will come from NFPA 1142.
o Note: The following information will need to be provided in order to determine accurate
water flow requirements.
• Building height, length and width
247-19-000758-CU / 759-SP Page 6 of 36
• Use of the building
• Type of construction
• Whether the structure 100 sq ft or larger and within 50 feet of any other structures
• Structures with Automatic Sprinkler systems - 2012 NFPA 1142 Chapter 7
o The authority having jurisdiction shall be permitted to waive the water supply required by
this standard when a structure is protected by an automatic sprinkler system that fully meets
the requirements of NFPA 13
• Fire Safety during Construction - 2014 OFC 501.4
o Approved fire department access roads, required water supply, fire hydrants, and safety
precautions shall be installed and serviceable prior to and during the time of construction.
• Fire Sprinkler Systems shall be installed per NFPA 13.
o Separate permits will be required for the aboveground sprinkler system and the
underground sprinkler supply line(s).
o If there are greater than 20 sprinkler heads, the system is required to have a fire alarm
monitoring system.
O 2014 OFC 903.3.7 Fire Department Connections: The location of fire department connections
shall be approved by fire code official. The FDC/PIV shall not be under any combustible
projections or overhangs.
o NFPA 14 - 6.4.5.4 Fire department connections shall be located not more than 100 ft from
the nearest fire hydrant connected to an approved water supply.
O NOTNOTE Building is sprinklered, the sprinkler system will need to he designed to the
E - Ifthe ut.rnunr£j ......,p........... y........................ ,.,..........b. ...,......,..
specific use that will be occurring in the building. If the sprinkler system is not designed
appropriately it will limit the types of businesses that can occupy the space. This also
includes the height of storage in the building. In order to have high piled storage (greater
than 12 ft), the sprinkler system shall be designed accordingly.
ACCESS:
• Premises identification - 2014 OFC 505.1
o Approved numbers or addresses shall be placed on all new and existing buildings in such a
position as to be plainly visible and legible from the street or road fronting the property. Said
numbers shall contrast with their background and visible at night. Number/letter shall be a
minimum of 4"high and a 0.5"stroke width.
• Fire Apparatus Access Roads - 2014 OFC Section 503 & Appendix D
o Fire apparatus access roads shall extend to within 150 ft of all portions of the building
as measured by an approved route around the exterior of the building.
o Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and
an unobstructed vertical clearance of not less than 13 feet 6 inches.
o Fire apparatus roads shall be designed and maintained to support the imposed loads of
70,000 lbs and shall be surfaced so as to provide all-weather driving capabilities.
O The required turning radius of a fire apparatus access road shall be 30 feet inside and 50
feet outside.
247-19-000758-CU / 759-SP Page 7 of 36
o The grade of the fire apparatus access roads shall be within the limits established by the fire
code official (10%).
• Fire Lanes - 2014 OFC 503.3 & Appendix D
o Approved signs or other approved notices shall be provided for fire apparatus access roads
to identify such roads or prohibit the obstruction thereof. Such signs or notices shall be kept
in legible conditions at all times. The stroke shall be 1 inch with letters 6 inches high and read
"No Parking Fire Lane" Spacing for signage shall be every 50 feet.
• Recommended to also (in addition to Fire lane signs) paint fire lane curbs in bright
red paint with white letters.
o Appendix D Section 103.6.1 Roads 20-26 Ft. Wide: Shall have Fire Lane signs posted on
both sides of a fire lane.
o Appendix D Section 103.6.2 Roads more than 26 Ft. Wide: Roads 26-32 ft wide shall have
a Fire Lane signs posted on one side of the road as a fire lane.
• Dead -Ends - 2014 OFC Section 503.2.5
o Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with
an approved area for turning around fire apparatus. Contact Redmond Fire & Rescue for
requirements.
• Additional Access - 2014 OFC Section 503.1.2
o The fire code official is authorized to require more than one fire apparatus access road
based on the potential for impairment of a single road by vehicle congestion, conditions or
climatic conditions _ t erfact...s that could 1: .,...:+a
terrain, CN//IUl/C or other factors (.oU/U INn/[ U(.LCJ.
• Emergency Access Road Gates - 2014 OFC Appendix D 103.5
o Minimum 20 feet wide.
o Gates shall be swinging or sliding type.
o Shall be able to be manually operated by one person.
o Electric gates shall be equipped with a means of opening by emergency personnel &
approved by fire official.
o Locking devices shall be fire department Knox Key Switch purchased from A-1 Lock, Safe Co.,
Curtis Safe & Lock, on line at www.knoxbox.com, or contact Redmond Fire & Rescue for an
order form.
o Section 503.3: install a sign on the gate "No Parking -Fire Lane"
• Key Boxes - 2014 OFC Section 506.1
o An approved key box shall be installed on all structures equipped with a fire alarm system
and /or sprinkler system. Approved key boxes can only be purchased at A-1 Lock Safe Co.,
Curtis Safe and Lock, on line at www.knoxbox.com, or contact Redmond Fire & Rescue for an
order form.
The following agencies did not respond to the notice: Oregon State Deputy Fire Marshal, Deschutes
County Assessor, Deschutes County Environmental Soils Division, Deschutes County Road
247-19-000758-CU / 759-SP Page 8 of 36
Department, Oregon Department of Aviation, Redmond Airport, and Oregon Water Resource
Department District 11 Watermaster.
PUBLIC COMMENTS: The Planning Division mailed notice of the conditional use application to all
property owners within 250 feet of the subject property on October 16, 2019. The applicant also
complied with the posted notice requirements of Section 22.23.030(B) of Title 22. The applicant
submitted a Land Use Action Sign Affidavit indicating the applicant posted notice of the land use
action on October 16, 2019. No public comments were received.
III. FINDINGS & CONCLUSIONS
Title 18 of the Deschutes County Code, County Zoning
Chapter 18.32, Multiple Use Agricultural Zone (MUA-10)
Section 18.32.030. Conditional Uses Permitted
C. Commercial activities in conjunction with farm use. The commercial activity shall be
associated with a farm use occurring on the parcel where the commercial use is
proposed. The commercial activity may use, process, store or market farm products
produced in Deschutes County or an adjoining County.
FINDING: The applicant proposes to ectahlich a rnmmerrial use in conjunction with a farm use that
incorporates farming activities into pediatric therapy. In Rank, File Nos. CU -05- 14 (A- 05- 4), the
Board of County Commissioners established and applied the following 4 step test to review a
commercial activity in conjunction with a farm use. This four step text was later applied by the
Hearings Officer in Tumalo Land Partners (File Nos. 247-18-000244-CU, 245-SP, 246-LM). The 4 step
test includes:
1. Is there a farm use?
2. Is the commercial activity associated with that farm use on the subject property?
3. Is the proposal a commercial activity?
4. Are the farm products produced in Deschutes County or an adjoining County?
Each of these steps are addressed below:
1. Is there a farm use?
The applicant submitted a detailed farm plan that describes elements of the proposed farm use of
the property. The following is a staff summary and analysis of the characteristics of the proposed
farm use:
• Stabling. Training and schooling of equines which includes riding lessons and training clinics.
247-19-000758-CU / 759-SP Page 9 of 36
The applicant proposes the provision stabling, training and schooling of equines including riding
lessons and training clinics in exchange for use of the equines at market value for therapy. 2-4
horses will be boarded on the subject property. This boarding service will be in exchange for the
use of equines in therapy. The applicant estimates a market value of stabling the equines will be
from $19,200 to $38,400 a year depending on the vacancy rate of stabling throughout the year. The
stabling market value is based off the current market trends for stabling equines. The potential
market value of utilizing the equines in therapy ranges from $21,600 to $43,200. Which would
indicate a Market Value profit due to exchange of services would be approximately $2,400 to $4,800
per year. This information is based off current and projected hours of utilization of equines.
• Raising, harvesting and distributing a variety of crops.
The applicant proposes raising, harvesting, and distribution for a variety of crops in 2 locations on
the property based on the best current irrigation locations. There will be a minimum of 6 raised
beds covering approximately 400 square feet of farming. The crops will be either sold, donated, or
used onsite to feed animals. Crops, grown and potential yields include:
• Pumpkins - 10 - 20 lbs. per square foot of land.
• Radishes -4 lbs. per 10 ft. row
• Spinach - 4-7 lbs. per 10 ft. row
• Green Beans - 2-6 lbs. per 10 ft. row
• Sunflowers - 8-10 lbs. per 10 ft. row
• Carrots - 7-10 lbs. per 10 ft. row.
• Corn - 10-12 ears per 10ft row.
• Feeding and management of small animals.
The applicant proposes feeding and management of small animals for potential breeding and sale
of the animals by the client that is utilizing the space. The applicant anticipates a mix of animals of
the following:
• Goats (approximately 2)
• Lambs (approximately 2)
• Chickens (approximately 2-7)
• Bunnies (approximately 4)
The applicant estimates the market value for feeding and management of small animals is
approximately $3000 to $7,200 a year. This will be a trade for therapy uses by the organization for
a market value of $50-$100 a day. Market value for the year is $7,200 to $14,400 based on 3 days a
week utilizing the petting zoo. In a market exchange, this would provide the applicant with a market
value profit of up to $7,200.
• Farm Management.
The applicant proposing utilizing a farm manager with responsibilities and duties that include:
247-19-000758-CU / 759-SP Page 10 of 36
• Directs and coordinates worker/volunteer activities such as planting, irrigation,
chemical application, and harvesting.
• Contracts with the clients for raising of crops or for management of crop production
• Coordinates growing activities.
• Records information such as production, farm management practices and prepares
financial and operational reports.
• Management of the marketing in the community.
• Ensures all those using the stabling, management and feeding services are compliant
with contracts.
Staff finds the characteristics summarized above and detailed in the submitted farm management
plan constitute a farm use. Because the farm use in not yet established, it shall be a conditional of
approval that the farm use is established prior to initiating the commercial use as the commercial
use shall be in conjunction with a farm use. Further, it shall be a condition of approval that the farm
use shall continue uninterrupted for as long as the property is used for the proposed commercial
use.
CONDITION OF APPROVAL: The farm use shall be established prior to initiating the commercial
use in conjunction with a farm use. The farm use shall continue uninterrupted for as long as the
property is used for the proposed commercial use.
2. Is the commercial activity associated with that farm use on the parcel?
The proposal includes a pediatric therapy clinic, the sale of therapy services by qualified
professionals, which is a commercial activity as defined in the Deschutes County Code. The
pediatric therapy will utilize the farm use of the property in conjunction with the therapy services
as described below.
Agriculture and horticulture will be incorporated into therapy daily. There will be several raised beds
on the property for the crops listed above. Children and families will participate in preparing the
soil, planting and harvesting as part of their occupational, physical, and mental health therapy
programs. Different client groups are considered suitable for horticulture therapy including people
with physical or mental disabilities as well as people recovering from illness, injury, addiction or
abuse.
Animals including horses, mini pigs, goats, chickens and ducks will be used in physical, occupational,
speech and behavioral health therapy sessions. Horses will be used during physical, occupational
and behavioral health treatment sessions.
2 DCC 18.04.030 - "Commercial use" means the use of land primarily for the retail sale of products or services,
including offices. It does not include factories, warehouses, freight terminals or wholesale distribution
centers.
247-19-000758-CU / 759-5P Page 11 of 36
Horses will also be used in mental health services. Equine facilitated psychotherapy (EFP) or equine
assisted mental health (EAMH) is form of mental health that uses the horse as a therapy tool. The
horse acts as a biofeedback mechanism providing the client and therapist with information
regarding the client's moods and changes within those moods.
Animal assisted therapy and animal assisted activities will also be used. The various farm animals
will be used to facilitate functional outcomes and achievement of physical, occupational, and mental
health goals. Farm animals will be used to facilitate physical, cognitive, sensory, social and emotional
regulation goals for our clients.
For some clients there will a process of preparing them to have direct interaction with the farm use.
This preparation includes farm related teaching, training, and assisting of clients before formal
interaction.
As a condition of approval, all clients receiving on -site services shall directly interact with the
identified farm uses on the property as part of the provided therapeutic services including
preliminary teaching, training, and assisting of clients preparing them to interact with the farm use.
CONDITION OF APPROVAL: All clients receiving on -site services shall directly interact with the
identified farm uses on the property as part of the provided therapeutic services including
preliminary teaching, training, and assisting of clients preparing them to interact with the farm use.
3. Is the proposal a commercial activity?
As previously described, the proposal includes the sale of therapy services, which I. a commercial
activity as defined in the Deschutes County Code.
4. Are the farm products produced in Deschutes County or an adjoining County?
The farm products of the farm and those for which the commercial activity will be associated will be
produced on the subject property, thus in Deschutes County.
Based on the information and analysis above, staff finds the proposed commercial activity in
conjunction with a farm use, as conditioned, can meet each element of the 4 step test.
Section 18.32.040. Dimensional Standards
In an MUA Zone, the following dimensional standards shall apply:
D. Building height. No building or structure shall be erected or enlarged to exceed 30
feet in height, except as allowed by DCC 18.'120.040.
FINDING: No new buildings are proposed.
Section 18.32.050. Yards
247-19-000758-CU / 759-SP Page 12 of 36
A. The front yard setback from the property line shall be a minimum of 20 feet for
property fronting on a local street right of way, 30 feet from a property line fronting
on a collector right of way, and 80 feet from an arterial right of way unless other
provisions for combining accesses are provided and approved by the County.
B. Each side yard shall be a minimum of 20 feet. For parcels or lots created before
November 1, 1979, which are one-half acre or less in size, the side yard setback may
be reduced to a minimum of 10 feet. For parcels or lots adjacent to property
receiving special assessment for farm use, the adjacent side yard for a dwelling shall
be a minimum of 100 feet.
C. Rear yards shall be a minimum of 25 feet. Parcels or lots with rear yards adjacent to
property receiving special assessment for farm use, the rear yards for a dwelling
shall be a minimum of 100 feet.
D. The setback from the north lot line shall meet the solar setback requirements in
DCC 18.116.180.
E. In addition to the setbacks set forth herein, any greater setbacks required by
applicable building or structural codes adopted by the State of Oregon and/or the
County under DCC 15.04 shall be met.
FINDING: No new buildings are proposed.
Section 18.32.060. Stream Setbacks
To permit better light, air, vision, stream pollution control, fish and wildlife areas and to
preserve the natural scenic amenities and vistas along tho streams and lnkee, the f nllnwing
setbacks shall apply:
A. All sewage disposal installations, such as septic tanks and septic drainfields, shall
be set back from the ordinary high water mark along all streams or lakes a minimum
of 100 feet, measured at right angles to the ordinary high water mark. In those cases
where practical difficulties preclude the location of the facilities at a distance of 100
feet and the County Sanitarian finds that a closer location will not endanger health,
the Planning Director or Hearings Body may permit the location of these facilities
closer to the stream or lake, but in no case closer than 25 feet.
B. All structures, buildings or similar permanent fixtures shall be set back from the
ordinary high water mark along all streams or lakes a minimum of 100 feet
measured at right angles to the ordinary high water mark
FINDING: There are no streams or lakes in the project vicinity.
Section 18.32.070. Rimrock Setback
Setbacks from rimrock shall be as provided in DCC 18.116.160.
FINDING: There is no rimrock in the project vicinity.
247-19-000758-CU / 759-SP Page 13 of 36
Chapter 18.80, Airport Safety Combining Zone (AS)
Section 18.80.020. Application of Provisions.
The provisions of DCC 18.80.020 shall only apply to unincorporated areas located under
airport imaginary surfaces and zones, including approach surfaces, transitional surfaces,
horizontal surfaces, conical surfaces and runway protection zones. While DCC 18.80
identifies dimensions for the entire imaginary surface and zone, parts of the surfaces
and/or zones do not apply within the Redmond, Bend or Sisters Urban Growth Boundaries.
The Redmond Airport is owned and operated by the City of Redmond, and located wholly
within the Redmond City Limits.
Imaginary surface dimensions vary for each airport covered by DCC 18.80.020. Based on the
classification of each individual airport, only those portions (of the AS Zone) that overlay
existing County zones are relevant.
Public use airports covered by DCC 18.80.020 include Redmond Municipal, Bend Municipal,
Sunriver and Sisters Eagle Air. Although it is a public -use airport, due to its size and other
factors, the County treats land uses surrounding the Sisters Eagle Air Airport based on the
ORS 836.608 requirements for private -use airports. The Oregon Department of Aviation is
still studying what land use requirements will ultimately be applied to Sisters. However,
contrary to the requirements of ORS 836.608, as will all public -use airports, federal law
requires that the FAA Part 77 surfaces must be applied. The private -use airports covered
by DCC 18.80.020 include Cline Falls Airpark and Juniper Airpark.
FINDING: The prut.JVCU development is located beneath i the approach surface for the Redmond
Airport. Therefore, the provisions of this chapter apply.
Section 18.80,028. Height Limitations.
All uses permitted by the underlying zone shall comply with the height limitations in DCC
18.80.028. When height limitations of the underlying zone are more restrictive than those
of this overlay zone, the underlying zone height limitations shall control. (ORS 836.619; OAR
660-013-0070]
A. Except as provided in DCC 18.80.028(B) and (C), no structure or tree, plant or other
object of natural growth shall penetrate an airport imaginary surface. (ORS 836.619;
OAR 660-013-0070(1)]
B. For areas within airport imaginary surfaces but outside the approach and transition
surfaces, where the terrain is at higher elevations than the airport runway surfaces
such that existing structures and permitted development penetrate or would
penetrate the airport imaginary surfaces, a local government may authorize
structures up to 35 feet in height.
C. Other height exceptions or variances may be permitted when supported in writing
by the airport sponsor, the Department of Aviation and the FM. Applications for
height variances shall follow the procedures for other variances and shall be subject
to such conditions and terms as recommended by the Department of Aviation and
the FAA (for Redmond, Bend and Sunriver.)
247-19-000758-CU / 759-SP Page 14 of 36
FINDING: No new structures are proposed.
Section 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]
A. Noise. Within airport noise impact boundaries, land uses shall be established
consistent with the levels identified in OAR 660, Division 13, Exhibit 5 (Table 2 of DCC
18.80). Applicants for any subdivision or partition approval or other land use
approval or building permit affecting land within airport noise impact boundaries,
shall sign and record in the Deschutes County Book of Records, a Declaration of
Anticipated Noise declaring that the applicant and his successors will not now, or in
the future complain about the allowed airport activities at the adjacent airport. In
areas where the noise level is anticipated to be at or above 55 Ldn, prior to issuance
of a building permit for construction of a noise sensitive land use (real property
normally used for sleeping or as a school, church, hospital, public library or similar
use), the permit applicant shall be required to demonstrate that a noise abatement
strategy will be incorporated into the building design that will achieve an indoor
noise level equal to or less than SS Ldn. [NOTE: FM Order 5100.38A, Chapter 7
provides that interior noise levels should not exceed 45 decibels in all habitable
zones.]
FINDING: The subject property is not within the noise impact boundary associated with the
Redmond Airport. This criterion does not apply.
B. Outdoor lighting. No new or expanded industrial, commercial or recreational use
shall project lighting directly onto an existing runway or taxiway or into existing
airport approach surfaces except where necessary for safe and convenient air
travel. Lighting for these uses shall incorporate shielding in their designs to reflect
light away from airport approach surfaces. No use shall imitate airport lighting or
impede the ability of pilots to distinguish between airport lighting and other
lighting.
FINDING: The proposed use is commercial in nature but no exterior lighting is specified. To ensure
247-19-000758-CU / 759-SP Page 15 of 36
compliance, a Condition of Approval has been added. This criterion will be met.
CONDITION OF APPROVAL: No lighting shall project directly onto an existing runway or taxiway or
into existing airport approach surfaces except where necessary for safe and convenient air travel.
Lighting for these uses shall incorporate shielding in their designs to reflect light away from airport
approach surfaces. No use shall imitate airport lighting or impede the ability of pilots to distinguish
between airport lighting and other lighting.
C. Glare. No glare producing material, including but not limited to unpainted metal or
reflective glass, shall be used on the exterior of structures located within an
approach surface or on nearby lands where glare could impede a pilot's vision.
FINDING: To ensure compliance, a Condition of Approval has been added. This criterion will be met.
CONDITION OF APPROVAL: No glare producing material, including but not limited to unpainted
metal or reflective glass, shall be used on the exterior of structures located within an approach
surface or on nearby lands where glare could impede a pilot's vision.
D. Industrial emissions. No new industrial, mining or similar use, or expansion of an
existing industrial, mining or similar use, shall, as part of its regular operations,
cause emissions of smoke, dust or steam that could obscure visibility within airport
approach surfaces, except upon demonstration, supported by substantial evidence,
that mitigation measures imposed as approval conditions will reduce the potential
or safety risk or incompatibility with airport operations to an III3I /I( I an level.
J Nr Y N N B�J��Y��
The review authority shall impose such conditions as necessary to ensure that the
use does not obscure visibility.
FINDING: The proposed use is not an industrial use. This criterion does not apply.
E. Communications Facilities and Electrical Interference. No use shall cause or create
electrical interference with navigational signals or radio communications between
an airport and aircraft. Proposals for the location of new or expanded radio,
radiotelephone, and television transmission facilities and electrical transmission
lines within this overlay zone shall be coordinated with the Department of Aviation
and the FM prior to approval. Approval of cellular and other telephone or radio
communication towers on leased property located within airport imaginary
surfaces shall be conditioned to require their removal within 90 days following the
expiration of the lease agreement. A bond or other security shall be required to
ensure this result.
FINDING: The proposed use will not cause or create electrical interference. This criterion will be
met.
F. Limitations and Restrictions on Allowed Uses in the RPZ, Approach Surface, and
Airport Direct and Secondary Impact Areas.
247-19-000758-CU / 759-SP Page 16 of 36
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.
FINDING: The subject property is located below the approach surface associated with the Redmond
Airport. Based on DCC 18.80, Table 1, the proposed commercial use may be allowed under limited
circumstances as outline in note 9 of Table 1. Note 9 is specific to public assembly facilities, of which
the proposed use is not.
Section 18.80.054. Conditional Uses.
Uses permitted conditionally shall be those identified as conditional uses in the underlying
zone with which the AS Zone is combined, and shall be subject to all conditions of the
underlying zone except as provided in DCC 18.80.044.
FINDING: The proposed use is permitted as a conditional use in the underlying zone. Above, staff
addresses the applicable criteria under DCC 18.80.044. Therefore, the proposed use is allowed
conditionally in the AS Combining Zone.
Chapter 18.116, Supplementary Provisions
1. Section 18.116.020. Clear Vision Areas.
A. In all zones, a clear vision area shall be maintained on the corners of all property at
the intersection of two streets or a street and a railroad. A clear vision area shall
contain no planting, fence, wall, structure, or temporary or permanent obstruction
exceeding three and one-half feet in height, measured from the top of the curb or,
where no curb exists, from the established street centerline grade, except that trees
exceeding this height may be located in this area provided all branches and foliage
are removed to a height of eight feet above the grade.
B. A clear vision area shall consist of a triangular area on the corner of a lot at the
intersection of two streets or a street and a railroad. Two sides of the triangle are
sections of the lot lines adjoining the street or railroad measured from the corner
to a distance specified in DCC 18.116.020(B)(1) and (2). Where lot lines have rounded
corners, the specified distance is measured from a point determined by the
extension of the lot lines to a point of intersection. The third side of the triangle is
the line connecting the ends of the measured sections of the street lot lines. The
following measurements shall establish clear vision areas within the County:
1. In an agricultural, forestry or industrial zone, the minimum distance shall be
30 feet or at intersections including an alley, 10 feet.
2. In all other zones, the minimum distance shall be in relationship to street
and road right of way widths as follows:
247-19-000758-CU / 759-SP Page 17 of 36
Right -of -Way
Width
Clear Vision
80 feet or more
20 feet
60 feet
30 feet
50 feet and Tess
40 feet
FINDING: The subject property is not located as the intersection two streets or a street and a
railroad.
2. Section 18.116.030. Off-street Parking and Loading.
A. Compliance. No building or other permit shall be issued until plans and evidence are
presented to show how the off-street parking and loading requirements are to be
met and that property is and will be available for exclusive use as off-street parking
and loading. The subsequent use of the property for which the permit is issued shall
be conditional upon the unqualified continuance and availability of the amount of
parking and loading space required by DCC Title 78.
8. Off -Street Loading. Every use for which a building is erected or structurally altered
to the extent of increasing the floor area to equal a minimum floor area required to
provide loading space and which will require the receipt or distribution of materials
or merchandise by truck or similar vehicle, shall provide off-street loading space on
the basis of minimum requirements as follows:
Sq. Ft. of Floor Area
No. of Berths Required
Less than 5,000
0
5,000-30,000
1
30,000-100,000
2
Over
100,000 and
3
FINDING: The existing building that is planned for a new use is Tess than 5,000 square feet in size.
Therefore, a loading space is not required.
C. Off -Street Parking. Off-street parking spaces shall be provided and maintained as
set forth in DCC 18.116.030 for all uses in all zoning districts. Such off-street parking
spaces shall be provided at the time a new building is hereafter erected or enlarged
or the use of a building existing on the effective date of DCC Title 18 is changed.
FINDING: The proposal includes the change in use of an existing building; therefore in accordance
with this section, off-street parking spaces are required to be adequately provided.
D. Number of Spaces Required. Off-street parking shall be provided as follows:
247-19-000758-CU / 759-SP
Page 18 of 36
6. Commercial.
Use
Requirements
Medical and dental office or
clinic
1 space per 150 sq. ft. of
gross floor area
9. Other uses not specifically listed above shall be provided with adequate
parking as required by the Planning Director or Hearings Body. The above list
shall be used as a guide for determining requirements for said other uses.
FINDING: The applicant acknowledges, and staff agrees, the proposed commercial use is a medical
clinic that provides pediatric therapy services. The existing structures to be used in association with
the commercial total 4,721 square feet. Pursuant to the standard above, such a use would require
32 motor vehicle parking spaces. However, the applicant argues the proposed facility is unique and
requires unique parking facilities. In particular, the applicant indicates that the proposed pediatric
therapy commercial use in conjunction with a farm use is not a traditional medical setting because
the location is on a farm, where therapy spaces are substantially larger than those of a traditional
medial office or clinic, and the site (and overall building square footage) includes a pool. For the
aforementioned reasons, the applicant argues applying the standard parking requirement will
exceed the known need. Based upon the parking study prepared by the Project Traffic Engineer,
Transight Consulting LLC, the unique use necessitates 14 parking spaces. Staff agrees with the
conclusion that the setting and operating characteristics of the use are unique and warrant unique
parking requirements as described under section 1 R.116.030(D)(9)_
E. General Provisions. Off -Street Parking.
1. More Than One Use on One or More Parcels. In the event several uses occupy
a single structure or parcel of land, the total requirement for off-street
parking shall be the sum of requirements of the several uses computed
separately.
2. Joint Use of Facilities. The off-street parking requirements of two or more
uses, structures or parcels of land may be satisfied by the same parking or
loading space used jointly to the extent that it can be shown by the owners
or operators of the uses, structures or parcels that their operations and
parking needs do not overlap at any point of time. If the uses, structures or
parcels are under separate ownership, the right to joint use of the parking
space must be evidence by a deed, lease, contract or other appropriate
written document to establish the joint use.
FINDING: The proposal does not include the joint use of facilities; therefore this section does not
apply. The existing residential use of the property will be abandoned.
3. Location of Parking Facilities. Off-street parking spaces for dwellings shall be
located on the same lot with the dwelling. Other required parking spaces
shall be located on the same parcel or another parcel not farther than 500
247-19-000758-CU / 759-SP Page 19 of 36
feet from the building or use they are intended to serve, measured in a
straight line from the building in a commercial or industrial zone. Such
parking shall be located in a safe and functional manner as determined
during site plan approval The burden of proving the existence of such off -
premise parking arrangements rests upon the applicant.
FINDING: As shown on the submitted site plan, the required parking areas are located on the
subject property. As found in this decision where specified, the parking is located in a safe and
functional manner.
4. Use of Parking Facilities. Required parking space shall be available for the
parking of operable passenger automobiles of residents, customers, patrons
and employees only and shall not be used for the storage of vehicles or
materials or for the parking of trucks used in conducting the business or used
in conducting the business or use.
FINDING: The submitted application materials indicate all parking spaces on the site are intended
to be available for the parking of operable passenger vehicles and will not be used for storage. This
criterion is met.
5. Parking, Front Yard. Required parking and loading spaces for multi-
family dwellings or commercial and industrial uses shall not be
located in a required front yard, except in the Sunriver UUC Business
Park (BP) District and the La Pine UUC Business Park (LPBP) District
and the LaPine UUC Industrial District (LPI), but such space may be
located within a required side or rear yard.
FINDING: The north property line of the subject property abuts McVey Avenue, a classified local
street. Pursuant to MUA-10 setback standards, the property has a minimum 20-foot front yard
setback requirement. As shown on the submitted site plan, all of the parking spaces are proposed
to be located a minimum of 20 feet from the front property line. This standard is met.
6. On -Street Parking Credit. Notwithstanding DCC 18.116.030(6)(2),
within commercial zones in the La Pine Planning Area and the
Terrebonne and Tumalo unincorporated communities, the amount of
required off-street parking can be reduced by one off-street parking
space for every allowed on -street parking space adjacent to a
property up to 30% of the required off-street parking....
FINDING: The applicant is not requesting off-street parking credit. Therefore, this criterion is not
applicable.
F. Development and Maintenance Standards for Off -Street Parking Areas. Every parcel
of land hereafter used as a public or private parking area, including commercial
parking lots, shall be developed as follows:
247-19-000758-C1J / 759-SP Page 20 of 36
Except for parking to serve residential uses, an off-street parking area for
more than five vehicles shall be effectively screened by a sight obscuring
fence when adjacent to residential uses, unless effectively screened or
buffered by landscaping or structures.
FINDING: As shown on the submitted site plan, parking areas are planned to be located on the north side of
the property, between the building and McVey Avenue, so the remainder of the site can be developed and
maintained as a farm as previously discussed. The area surrounding the parking area is proposed to be
vegetated with trees, native vegetation, and irrigated beds. Said existing vegetation provides only limited
screening between the parking area and the adjacent residential uses to the west and east thereby warranting
additional screening. Therefore, it shall be a condition of approval that an evergreen planting shall be
established prior to initiation of the use along the first 80 feet of the side property lines from the road on both
side lines to screen the adjacent residential uses. As conditioned, staff finds this criterion will be met.
CONDITION OF APPROVAL: An evergreen planting shall be established prior to initiation of the use
along the first 80 feet of the side property lines from the road on both side lines to screen the
adjacent residential uses.
2. Any lighting used to illuminate off-street parking areas shall be so arranged
that it will not project light rays directly upon any adjoining property in a
residential zone.
FINDING: No new lighting for off-street parking is proposed.
_�_a be o _d designed to
3. Groups of more than two parking spaces shall located and to
prevent the need to back vehicles into a street or right of way other than an
alley.
FINDING: As depicted on the site plan, the parking area provides backing and maneuvering aisles
on the site, including an internal driveway that prevents the need to back vehicles into a street of
right of way. Based on this information, staff finds the proposal complies with this criterion.
4. Areas used for standing and maneuvering of vehicles shall be paved surfaces
adequately maintained for all weather use and so drained as to contain any
flow of water on the site.
a. A high water table in the area necessitates a permeable surface to
reduce surface water runoff problems; or
b. The subject use is located outside of an unincorporated community
and the proposed surfacing will be maintained in a manner which
will not create dust problems for neighboring properties; or
c. The subject use will be in a Rural Industrial Zone or an Industrial
District in an unincorporated community and dust control measures
will occur on a continuous basis which will mitigate any adverse
impacts on surrounding properties.
247-19-000758-CU / 759-SP Page 21 of 36
FINDING: The applicant proposes to utilize the existing vehicle parking and maneuvering area to
the north of the existing dwelling that will be used for commercial use. As shown on the submitted
site plan, this area will be improved with an asphalt surface. The property is not located in in area
with a high water table, it is located outside of an unincorporated urban community, and if gravel,
the applicant plans to regularly maintain the surface to prevent dust. As shown on the submitted
site plan, the proposal complies with these standards.
5. Access aisles shall be of sufficient width for all vehicular turning and
maneuvering.
FINDING: As shown on the submitted site plan, the access drive width in the parking area is 24 feet
to allow for turning and maneuvering from the proposed 90-degree parking stalls. The 24-foot drive
aisle is in conformance with standards identified in Table 1 at end of Chapter 18.116. The driveway
accesses off of McVey Avenue are 12 feet wide to accommodate the proposed one-way vehicle
circulation on and off the public right of way. To clearly identify this circulation plan from the public
right of way, it shall be a condition of approval that directional signage identifying one-way onsite
circulation (e.g. "Entrance", "Do Not Enter", or similar) shall be installed at each access point prior to
initiating the use.
CONDITION OF APPROVAL: Directional signage identifying one-way onsite circulation shall be
installed at each access point prior to initiating the use.
6. Service drives to off-street parking areas shall be designed and constructed
to fa{irri.ate the flow of traffic, provide maximum safety of &u 1p.. and
egress and maximum safety of pedestrians and vehicular traffic on the site.
The number of service drives shall be limited to the minimum that will
accommodate and serve the traffic anticipated. Service drives shall be clearly
and permanently marked and defined through the use of rails, fences, walls
or other barriers or markers. Service drives to drive in establishments shall
be designed to avoid backing movements or other maneuvering within a
street other than an alley.
FINDING: Access to the site exists via two, all weather, access points connecting to McVey Avenue.
The drive aisle improvements will be well marked and the parking area does not cross any drive
aisles, thus potential conflicts will be limited. The parking is designed to avoid backing movements
or other maneuvering within McVey Avenue. The proposed design provides for maximum safety of
vehicular traffic and pedestrians. Based on this information, staff finds this criterion is met.
7. Service drives shall have a minimum vision clearance area formed by the
intersection of the driveway centerline, the street right of way line and a
straight line joining said lines through points 30 feet from their intersection.
FINDING: The existing driveways and associated clear vision areas will not be altered by the new
use and site improvements. Compliance with this criteria shall be condition of approval.
247-19-000758-CU / 759-SP Page 22 of 36
CONDITION OF APPROVAL: The minimum vision clearance area for the service drives shall be
maintained.
8. Parking spaces along the outer boundaries of a parking area shall be
contained by a curb or bumper rail placed to prevent a motor vehicle from
extending over an adjacent property fine or a street right of way.
FINDING: All parking spaces are located a minimum of 21 feet from any property line. Those parking
spaces nearest a property line have a parallel, zero degree orientation. All of these factors ensure
parked vehicles will not extend over an adjacent property line or street right of way. Therefore,
installation of a curb or bumper rail are not required.
G. Off -Street Parking Lot Design. All off-street parking lots shall be designed subject to
County standards for stalls and aisles as set forth in the following drawings and
table:
(SEE TABLE 1 AT END OF CHAPTER 18.116)
1. For one row of stalls use 1'C" + "D" as minimum bay width.
2. Public alley width may be included as part of dimension "D," but all parking
stalls must be on private property, off the public right of way.
3. For estimating available parking area, use 300-325 square feet per vehicle
for stall, aisle and access areas.
4. For large parking lots exceeding 20 stalls, alternate rows may be designed
for compact cars provided that the compact stalls do not exceed 30 percent
of the total required stalls_ A compact stall shall be eight feet in width and
17 feet in length with appropriate aisle width.
FINDING: The site does not include a large parking lot as that term is defined in this section and it
does not abut a public alley. As shown on the submitted site plan, all parking spaces are proposed
to be 90 degree spaces or parallel, thus this section establishes a requirement for 9-foot by 20-foot
stalls, and a 24-foot drive aisle. Based on this information and the detail provided in the site plan,
staff finds these standards are met.
3. Section 18.116.031. Bicycle Parking.
New development and any construction, renovation or alteration of an existing use
requiring a site plan review under DCC Title 18 for which planning approval is applied for
after the effective date of Ordinance 93-005 shall comply with the provisions of DCC
18.116.031.
A. Number and Type of Bicycle Parking Spaces Required.
1. General Minimum Standard.
a. All uses that require off-street motor vehicle parking shall, except as
specifically noted, provide one bicycle parking space for every five
required motor vehicle parking spaces.
b. Except as specifically set forth herein, all such parking facilities shall
include at least two sheltered parking spaces or, where more than 10
247-19-000758-CU / 759-SP Page 23 of 36
bicycle spaces are required, at least 50 percent of the bicycle parking
spaces shall be sheltered.
c. When the proposed use is located outside of an unincorporated
community, a destination resort, and a rural commercial zone,
exceptions to the bicycle parking standards may be authorized by the
Planning Director or Hearings Body if the applicant demonstrates one
or more of the following:
i The proposed use is in a location accessed by roads with no
bikeways and bicycle use by customers or employees is
unlikely.
ii. The proposed use generates less than 50 vehicle trips per day.
No existing buildings on the site will accommodate bicycle
parking and no new buildings are proposed.
iv. The size, weight, or dimensions of the goods sold at the site
makes transporting them by bicycle impractical or unlikely.
v. The use of the site requires equipment that makes it unlikely
that a bicycle would be used to access the site. Representative
examples would include, but not be limited to, paintball parks,
golf courses, shooting ranges, etc.
FINDING: Access to the property is provided via McVey Avenue, a local rural road. There are no
bicycle lanes adjacent to the subject property nor are the bicycle lanes constructed in the
surrounding area. The subject property is located outside of an unincorporated community,
destination resort, and/or or rural commercial n zone. Because of these factors, the applicant contends
Ids
that bicycle use by customers or employees is unlikely and requests an exception to bicycle parking.
Staff supports and approves the requested exception to the bicycle parking standards and no
bicycle parking is required.
Section 18.116,310 Traffic Impact Studies
FINDING: The applicant submitted Site Traffic Report prepared byTransight Consulting, LLC. Peter
Russell, Deschutes County Senior Transportation Planner, reviewed the report and stated:
"As the Institute of Traffic Engineers (ITE) Trip Generation Manual has no category for this use, the
STR utilized Medical -Dental Clinic (Land Use 720) as an analogous use. Staff agrees with that
selection and agrees with the STR's methodologies, conclusions, and findings.
Based on this information and comments received from the County transportation planner, staff
finds the submitted traffic analysis satisfies the requirements of this section.
E. CHAPTER 18.124. SITE PLAN REVIEW
1. Section 18.124.030. Approval Required.
247-19-000758-CU / 759-SP Page 24 of 36
A. No building, grading, parking, land use, sign or other required permit shall be issued
for a use subject to DCC 18.124.030, nor shall such a use be commenced, enlarged,
altered or changed until a final site plan is approved according to DCC Title 22, the
Uniform Development Procedures Ordinance.
B. The provisions of DCC 18.124.030 shall apply to the following:
3. All commercial uses that require parking facilities;
FINDING: The applicant is proposing is to establish pediatric therapy as a commercial activity in
conjunction with a farm use. The proposed use is recognized commercial use that requires parking,
thus site plan review against DCC Section 18.124.030 is required.
2. Section 18.124.060. Approval Criteria.
Approval of a site plan shall be based on the following criteria:
A. The proposed development shall relate harmoniously to the natural environment
and existing development, minimizing visual impacts and preserving natural
features including views and topographical features.
FINDING: In Father's House (247-18-000061-CU, 247-18-000062-SP, 247-18-000624-A, 247-18-
000643-A) the Board further interpreted this criterion as it relates to the similar "compatibility"
standard imposed by the County's conditional use criteria codified at DCC 18.128.015 (discussed
below):
The Board agrees that DCC 18.124.060(A) is subjective and, at times, difficult to apply as the
Hearings Officer observed. However, as the Board interprets the provision, DCC 18.124.060(A) does
not require a particularly onerous exercise. It requires an applicant to show that its proposed site
plan relates "harmoniously" to the natural environment and existing development. Unlike the
conditional use standards of DCC 18.128.015(B), this standard does not indicate harmony
achieved with "surrounding properties." However, the Board understands that the standard
implies that the proposed development shall relate harmoniously on and off the subject property
and generally speaking, in the vicinity..."
Under this analysis, staff finds that a proposed use would be not harmonious where it imposed
significant on - or off -site impacts, not typically experienced in the natural environment and existing
development, in the project vicinity. Staff characterizes the project vicinity as follows.
The proposed commercial change of use will be located within the existing dwelling on the property.
Changes to the site will be the modifications to the vehicular maneuvering and parking areas and
expansion and enhancement of the farm use areas of the property. No new structural development
is proposed. All parking improvements will be screened with existing and required landscaping.
Based on this information, staff finds that visual impacts and impacts to natural features, along with
views of topographical features, will not be significantly altered the proposed development. This
criterion will be met as conditioned.
247-19-000758-CU / 759-SP Page 25 of 36
B. The landscape and existing topography shall be preserved to the greatest extent
possible, considering development constraints and suitability of the landscape and
topography. Preserved trees and shrubs shall be protected.
FINDING: The proposal includes the use of an existing building for pediatric therapy use. No new
structures are proposed and minor landscaping enhancements will be provided around the parking
area. Given that the existing topography and landscaping will generally remain and improved in
some areas, staff finds this criterion is met.
C. The site plan shall be designed to provide a safe environment, while offering
appropriate opportunities for privacy and transition from public to private spaces.
FINDING: The proposal will allow for an existing building to be used for pediatric therapy in
conjunction with a farm use. The existing building currently is, and will remain, a private space.
Given the size and design of the parking areas, vehicles will not be required to back on to McVey
Avenue, clear vision areas requirements will be met, and a pedestrian way will lead directly to the
main entrance. Changing the use to a commercial use in conjunction with a farm use does not
modify the transition from public to private space on or around the site.
Fire safety must be addressed under this criterion. In addition to structural fire safety concerns, the
subject property is partially mapped as "very high" overall wildfire risk in the Advanced Oregon
Wildfire Risk Explorer'. As a condition of approval, the applicant shall provide documentation from
the Redmond Fire Department that all applicable fire standards have been met, prior to initiation
of the UJC. As conditioned, staff finds this criterion is met.
.
CONDITION OF APPROVAL: The applicant shall provide documentation from the Redmond Fire
Department that all applicable fire standards have been met, prior to initiation of the use.
D. When appropriate, the site plan shall provide for the special needs of disabled
persons, such as ramps for wheelchairs and Braille signs.
FINDING: The proposal includes a new use within an existing building and on the site. As shown on
the site plan, the proposal will provide a disability accessible parking stall and an accessible walkway
to the building. Compliance with applicable Americans with Disabilities Act (ADA) standards will be
verified upon review of the building permit for the change of use of the structures from residential
to commercial.
E. The location and number of points of access to the site, interior circulation patterns,
separations between pedestrians and moving and parked vehicles, and the
arrangement of parking areas in relation to buildings and structures shall be
harmonious with proposed and neighboring buildings and structures.
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247-19-000758-CU / 759-SP Page 26 of 36
FINDING: The proposal will not modify the existing access points and, as proposed, provides for
sufficient site circulation. The proposed pedestrian ways do not cross the drive aisles and the design
limits conflicts between vehicles and pedestrians. Access and circulation areas will remain
harmonious with the existing buildings and neighboring properties. The proposed commercial use
in conjunction with a farm use within the existing building is situated an adequate distance from
existing buildings on any neighboring properties, thus will not be impactful, and will retain harmony
in the area.
F. Surface drainage systems shall be designed to prevent adverse impacts on
neighboring properties, streets, or surface and subsurface water quality.
FINDING: The proposed use will continue to utilize the existing parking area with improvements as
previously described and reviewed. As shown on the submitted site plan, the existing site drainage
has capacity to accommodate the increase in impervious area and drainage will continue to be
accommodated on -site. Based on this information, staff finds this criterion is met.
G. Areas, structures and facilities for storage, machinery and equipment, services
(mail, refuse, utility wires, and the like), loading and parking and similar accessory
areas and structures shall be designed, located and buffered or screened to
minimize adverse impacts on the site and neighboring properties.
FINDING: The proposal includes limited alteration to the existing development. Only limited
expansion of the parking area and farm use areas is proposed. The existing vegetation screening
will be retained. This vegetation and the Incatinn of the parking and farm MCP areas are Inrated,
buffered, and screened to minimize adverse impacts on the site and neighboring properties. Based
on this information, staff finds this criterion is met.
H. All above ground utility installations shall be located to minimize adverse visual
impacts on the site and neighboring properties.
FINDING: No above -ground utility installations are proposed. Therefore, this criterion is not
applicable.
1. Specific criteria are outlined for each zone and shall be a required part of the site
plan (e.g. lot setbacks, etc.).
FINDING: The approval criteria for the underlying MUA-10 Zone are addressed above.
J. All exterior lighting shall be shielded so that direct light does not project offsite.
FINDING: The applicant has indicated they may replace existing exterior lighting fixtures, however
no new lighting locations or modified locations are proposed. The applicant adds that any new
exterior lighting will be shield lighting downward and prevent light from projecting off -site, as
required by this section. Compliance with this standard shall be a condition of approval.
247-19-000758-CU / 759-5P Page 27 of 36
CONDITION OF APPROVAL: All exterior lighting shall be shielded so that direct light does not
project offsite.
K. Transportation access to the site shall be adequate for the use.
1. Where applicable, issues including, but not limited to, sight distance, turn
and acceleration/deceleration lanes, right-of-way, roadway surfacing and
widening, and bicycle and pedestrian connections, shall be identified.
2. Mitigation for transportation -related impacts shall be required.
3. Mitigation shall meet applicable County standards in DCC 17.16 and DCC
17.48, applicable Oregon Department of Transportation (ODOT) mobility and
access standards, and applicable American Association of State Highway and
Transportation Officials (AASHTO) standards.
FINDING: The proposal is supported by a site traffic report prepared by Transight Consultants, LLC.
As detailed in the report, the proposed use can operate without violating and County standards
related to transportation and does not warrant mitigation measures. Comments submitted by the
County transportation planner express agreement with the site traffic report methodologies,
conclusions, and findings. Based on this information, staff finds these standards and met and no
mitigation is required.
Comments from the County Transportation Planner acknowledge a driveway access permit is
required for driveway access to McVey Avenue. Review of available records did not reveal an access
permit has been approved. Therefore, it shall be a condition of approval that a copy of a Deschutes
County -issued UI Iv vvY y IJ IILLCU .0 the planning IS UIVIJIVl1 or one Is obtain prior to
initiating the use.
CONDITION OF APPROVAL: A copy of a Deschutes County -issued driveway access permit shall be
submitted to the planning division or one shall be obtain prior to initiating the use.
3. Section 18.124.070. Required Minimum Standards.
B. Required Landscaped Areas.
1. The following landscape requirements are established for multi family,
commercial and industrial developments, subject to site plan approval:
a. A minimum of 15 percent of the lot area shall be landscaped.
b. All areas subject to the final site plan and not otherwise improved
shall be landscaped.
FINDING: The proposed use will be commercial in nature and therefore this criterion applies. The
subject property is 2.44 acres and will be used for a mix of commercial and farm uses. As shown on
the submitted site plan, all areas that are not farm areas or otherwise improved with the building,
parking, or walkways are landscaped with native or introduced landscaping. The overall landscaped
area is well in excess of 15%. Staff further acknowledges the areas used for farm use in conjunction
with the commercial use will be vegetated and effectively landscaped with native and introduced
vegetation. Based on this information, staff finds this criterion is met.
247-19-000758-CU / 759-SP Page 28 of 36
2. In addition to the requirement of DCC 18.124.070(B)(1)(a), the following
landscape requirements shall apply to parking and loading areas:
a. A parking or loading area shall be required to be improved with
defined landscaped areas totaling no less than 25 square feet per
parking space.
FINDING: The proposal includes 14 parking spaces, thus requires at least 350 square feet of defined
landscaped areas in the parking area. As detailed on the submitted site plan, the proposal includes
existing and new defined landscaping between the parking area and the front property line. The
defined landscaping in this area exceeds 350 square feet.
b. In addition to the landscaping required by DCC 18.124.070(8)(2)(a), a
parking or loading area shall be separated from any lot line adjacent
to a roadway by a landscaped strip at least 10 feet in width, and from
any other lot line by a landscaped strip at least five feet in width.
c. A landscaped strip separating a parking or loading area from a street
shall contain:
1. Trees spaced as appropriate to the species, not to exceed 35
feet apart on the average.
2. Low shrubs not to reach a height greater than three feet zero
inches, spaced no more than eight feet apart on the average.
3. Vegetative ground cover.
d. Landscaping in a parking nr /nailing area shall be /ncated in defined
landscaped areas which are uniformly distributed throughout the
parking or loading area.
e. The landscaping in a parking area shall have a width of not less than
five feet.
FINDING: The subject property is adjacent to McVey Avenue. The parking area is separated from
this road by an existing landscape strip that is at least 21 feet wide, which includes trees, shrubs
and vegetative ground cover. In addition, new defined landscaping areas are proposed along the
north and end of the parking area. Based on this information and the detail of the submitted site
plan, staff finds these standards are met.
g•
Provision shall be made for watering planting areas where such care
is required.
Required landscaping shall be continuously maintained and kept alive
and attractive.
FINDING: A condition of approval will be added to ensure compliance with these criteria.
CONDITION OF APPROVAL: Provision shall be made for watering planting areas where such care
is required and required landscaping shall be continuously maintained and kept alive and attractive.
247-19-000758-CU / 759-SP Page 29 of 36
h. Maximum height of tree species shall be considered when planting
under overhead utility lines.
FINDING: The applicant is not proposing to plant trees under overhead utility lines. Therefore, this
criterion is not applicable.
C. Non -motorized Access.
1. Bicycle Parking. The development shall provide the number and type of bicycle
parking facilities as required in DCC 18.116.031 and 18.116.035. The location and
design of bicycle parking facilities shall be indicated on the site plan.
FINDING: The applicable criteria under DCC 18.116.031 and .035 are addressed above.
2. Pedestrian Access and Circulation:
a. Internal pedestrian circulation shall be provided in new commercial, office
and multi family residential developments through the clustering of
buildings, construction of hard surface pedestrian walkways, and similar
techniques.
FINDING: No new buildings are proposed to accommodate the proposed use. The applicant argues
that because on new buildings are proposed that this criteria is not applicable. Staff disagrees. The
proposed commercial use in conjunction with a farm use is a new commercial use and, as specified
by this criterion, compliance with this criteria is required for new commercial developments. No
.. b uildiiig .J It .. 4...11 be .. condition _1 approval what pedestrian walkways
_lkwa "s shall L_
new UUIiU111�J dl e pl VfJVJCU. It JI Idll be d C.VIIUIiIUII of dppl VVdI Uldl'.JCUCJU Idl1 V1IdIKWd�/J shall be
constructed with hard surfaces.
CONDITION OF APPROVAL: Pedestrian walkways shall be constructed with hard surfaces.
b. Pedestrian walkways shall connect building entrances to one another and
from building entrances to public streets and existing or planned transit
facilities. On site walkways shall connect with walkways, sidewalks,
bikeways, and other pedestrian or bicycle connections on adjacent
properties planned or used for commercial, multi family, public or park use.
FINDING: The proposed use will be located within an existing building with improved exterior
walkway connections from the parking area. The applicant contends the proposed change of use
does not require any additional connections because there are no public sidewalks in the area,
other pedestrian facilities, or bicycle facilities in the right of way or on adjacent properties. Staff
agrees, therefore no new or additional walkways to the right of way are necessary and not required.
c. Walkways shall be at least five feet in paved unobstructed width. Walkways
which border parking spaces shall be at least seven feet wide unless concrete
bumpers or curbing and landscaping or other similar improvements are
provided which prevent parked vehicles from obstructing the walkway.
Walkways shall be as direct as possible.
247-19-000758-CU / 759-SP Page 30 of 36
FINDING: As depicted on the site plan, walkways are proposed to be 5 feet in width and direct. The
walkways do not directly border any parking space. Therefore, curbing or bumpers are not needed.
d. Driveway crossings by walkways shall be minimized. Where the walkway
system crosses driveways, parking areas and loading areas, the walkway
must be clearly identifiable through the use of elevation changes, speed
bumps, a different paving material or other similar method.
FINDING: As shown on the submitted site plan, walkways will not cross any driveway.
e. To comply with the Americans with Disabilities Act, the primary building
entrance and any walkway that connects a transit stop to building entrances
shall have a maximum slope of five percent. Walkways up to eight percent
slope are permitted, but are treated as ramps with special standards for
railings and landings.
FINDING: Compliance with ADA requirements will be verified upon review of the required building
permit.
F. CHAPTER 18.128. CONDITIONAL USES
Section 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:
A. The site under consideration shall be determined to be suitable for the proposed
use based on the following factors:
1. Site, design and operating characteristics of the use;
FINDING: The submitted burden of proof statement provides the following response to this
criterion:
Site:
The area of the proposal is 2.44 acres in size and generally level. The site is developed with an
existing building, parking areas, landscape areas and an on -site septic system. The change of use
can be accommodated with the existing building, parking area (with an expansion/ improvement),
and on -site septic system. Furthermore, with the planned use, the site retains a sufficient amount
of landscaping. As documented in this section and the supporting materials, the site is suitable to
accommodate the new use, in accordance with this criterion.
Design:
The new use is planned within the existing building and upon the property. The interior of (t]he
building may require minor modifications, however the overall design of the site will not be
247-19-000758-CU / 759-SP Page 31 of 36
modified by the proposal. The proposed use is similar to the existing use and the design of the
building and parking area (with an expansion / improvement) is sufficient to accommodate the
new use.
Operating Characteristics:
The new use will operate Monday through Friday, and occasionally on the weekend, between the
hours of 9:OOam and 6:OOpm and by appointment only. Five therapists are planned to operate
on the site and therapists typically see 5 to 6 clients each day. As detailed in the traffic report, the
number of trips generated by the use will not significantly impact the transportation system.
Furthermore, the site has adequate water and wastewater disposal capacity to accommodate the
use. Also, as shown on the Site Plan, the site can accommodate the parking needs of the use, and
the parking area will be screened with landscaping.
Staff concurs with the applicant's statement and adds the proposal is designed to take advantage
of the existing building along with proposed parking area and driveway from McVey Avenue. The
identified days and hours of operation shall be a condition of approval. Based on this information
and as conditioned, staff finds this criterion is met.
CONDITION OF APPROVAL: The new use shall operate Monday through Friday, and occasionally
on the weekend, between the hours of 9:OOam and 6:OOpm and by appointment only.
1. Adequacy of transportation access to the site; and
FINDING: The IC pi UI.JVSdI IS SULJLIUI Wu by d site traffic l ll report I. that indicated there a are no safety ISSUCS
at the site entrance. As documented in the traffic report, the access points, nearby intersection and
overall transportation system will meet the adopted County level of service, ensuring conformance
with this approval criterion. As noted above, neither the Senior Transportation Planner nor the Road
Department indicated a need for any transportation related improvements.
Based on this information, staff finds these facilities provide adequate transportation access to the
site. This criterion will be met.
2. The natural and physical features of the site, including, but not limited to,
general topography, natural hazards and natural resource values.
FINDING: The natural and physical features of the site include mature trees and vegetation. There
are no Goal 5 inventoried natural resources on the site that merit protection. In terms of natural
hazards, the subject property is not susceptible to unusual natural hazards, except with regard to
wildfire. Wildfire is a county -wide pervasive natural hazard that effects the majority of Deschutes
County in terms of wildfire probability and vulnerability. The subject property is partially mapped
as "very high" overall wildfire risk in the Advanced Oregon Wildfire Risk Explorer4. As a condition of
approval, the applicant shall provide documentation from the Redmond Fire Department that all
applicable fire standards have been met, prior to initiation of the use.
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247-19-000758-CU / 759-SP Page 32 of 36
B. The proposed use shall be compatible with existing and projected uses on
surrounding properties based on the factors listed in DCC 18.128.015(A).
FINDING: This criterion asks whether the use proposed will be compatible with existing and
projected uses on surrounding property based on the factors of DCC 18.128.015(A). The factors can
be summarized as site, design, operating characteristics of the proposed use, adequacy of
transportation to the site and impact on natural features, The character of the surrounding
properties can be summarized as a mix of zones and existing uses including rural residential,
commercial, park, and open space. The text below evaluates the compatibility of the proposed use
with surrounding properties vis-a-vis the factors of DCC 18.128.015(A).
Site, design and operating characteristics of the use.
Staff finds that the current proposal would be incompatible with surrounding land uses if the
proposal would result in significant adverse impacts to existing and projected uses on surrounding
properties. Staff incorporates herein by reference the "Surrounding Land Uses" section, above. No
significant adverse impacts from the proposal were identified in public or agency comments. Likely
potential off -site impacts from the use could include noise, odor, lights, and visual impacts.
Noise: the proposal does not include generation of noise beyond what is typical of a residential or
farm use. The only anticipated notice will be that of pediatric patients, families, and therapists on
the property.
Odor: Odor will be similar to that produced by a farm use.
Visual impacts: No new buildings are proposed. The new visual impacts will that associated with the
vehicle parking and people participating in therapy activities in the outdoor areas associated with
the farm use. Existing and new required landscaping, native vegetation, and structures provide a
buffer and screening of the parking areas and outdoor areas from McVey Avenue and adjacent
properties.
Staff finds that the proposed use, as conditioned, will be compatible with existing and projected
uses on surrounding properties based on site, design and operating characteristics of the use.
Adequacy of Transportation Access
The County Transportation Planner and Road Department did not identify issues associated with
the adequacy of the transportation access and no infrastructure deficiencies have been identified
in the record.
Staff finds the proposed use is compatible with existing and projected uses on surrounding
properties based and will not negatively impact the adequacy of transportation access for nearby
properties.
247-19-000758-CU / 759-SP Page 33 of 36
Natural and Physical Features
The natural and physical features of the surrounding properties include relatively level terrain and
vegetation consisting on juniper trees, native groundcover, and introduced landscaping. The
topography of the site is relative level throughout. There are no water features or water courses on
the property. Staff is unaware of any other significant or unique natural physical features existing
on surrounding properties.
The proposed use will be operated in an existing building and the farm area in the rear of the
property. The site will be upgraded with an expanded paved motor vehicle parking area, pedestrian
walkways, and other related improvements. The majority of the subject property is landscaped with
introduced and native vegetation that can absorb excess storm water. The topography of the site
will remain relatively flat. The proposed use will not adversely affect the natural and physical
features of neighboring properties.
C. These standards and any other standards of DCC 18.128 may be met by the
imposition of conditions calculated to insure that the standard wil! be met.
FINDING: Several conditions of approval have been required above that will be part of the final
decision. Other than what has already been included, staff finds no other conditions of approval are
required.
SISTEIYI LOGVGLOPIVIEIM1 CI;ARGE
The SDC is $22,240 based on the current SDC rate of $4,448 per peak hour trip (5 X $4,448). The
SDC is due prior to issuance of certificate of occupancy; if a certificate of occupancy is not applicable,
then the SDC is due within 60 days of the land use decision becoming final.
IV. CONCLUSION
Based on the foregoing findings, staff concludes that the proposed use can comply with the
applicable standards and criteria of the Deschutes County zoning ordinance if conditions of
approval are met.
Other permits may be required. The applicants are responsible for obtaining any
necessary permits from the Deschutes County Building Division and Deschutes County
Environmental Soils Division as well as any required state and federal permits.
V. DECISION
APPROVAL, subject to the following conditions of approval.
VI. CONDITIONS OF APPROVAL
247-19-000758-CU / 759-SP Page 34 of 36
A. This approval is based upon the application, site plan, specifications, and supporting
documentation submitted by the applicant. Any substantial change in this approved use will
require review through a new land use application.
B. The applicant shall obtain any necessary permits from the Deschutes County Building
Division and Environmental Soils Division.
C. The minimum vision clearance area for the service drives shall be maintained.
D. Provision shall be made for watering planting areas where such care is required and required
landscaping shall be continuously maintained and kept alive and attractive.
E. A copy of a Deschutes County -issued driveway access permit shall be submitted to the
planning division or one shall be obtain prior to initiating the use.
F. Pedestrian walkways shall be constructed with hard surfaces.
G. All exterior lighting shall be shielded so that direct light does not project offsite. No lighting
shall project directly onto an existing runway or taxiway or into existing airport approach
surfaces except where necessary for safe and convenient air travel. Lighting for these uses
shall incorporate shielding in their designs to reflect light away from airport approach
surfaces. No use shall imitate airport lighting or impede the ability of pilots to distinguish
between airport lighting and other lighting.
H. No glare producing material, including but not limited to unpainted metal or reflective glass,
shall be used on the exterior of structures located within an approach surface or on nearby
lands where glare could impede a pilot's vision.
1. The applicant shall provide documentation from the Redmond Fire Department that all
applicable fire standards have been met, prior to initiation of the use.
J. The farm use shall be established prior to initiating the commercial use in conjunction with
a farm use. The farm use shall continue uninterrupted for as long as the property is used for
the proposed commercial use.
K. As a condition of approval, all clients receiving on -site services shall directly interact with the
identified farm uses on the property as part of the provided therapeutic services including
preliminary teaching, training, and assisting of clients preparing them to interact with the
farm use.
L. An evergreen planting shall be established prior to initiation of the use along the first 80 feet
of the side property lines from the road on both side lines to screen the adjacent residential
uses.
247-19-000758-CU / 759-SP Page 35 of 36
M. Directional signage identifying one-way onsite circulation shall be installed at each access
point prior to initiating the use.
N. The applicant shall provide documentation from the Redmond Fire Department that all
applicable fire standards have been met, prior to initiation of the use.
O. The new use shall operate Monday through Friday, and occasionally on the weekend,
between the hours of 9:0Oam and 6:00pm and by appointment only.
VII. DURATION OF APPROVAL
This replacement permit is subject to OAR 660-033-0140, and is void two years from the date of the
final decision if the development action is not initiated in that period. Extensions of this two year
period may be granted under DCC 22.36.010(C)(1 and 2).
This decision becomes final twelve (12) days after the date of mailing, unless appealed by a
party of interest.
DESCHUTES COUNTY PLANNING DIVISION
/01
'Written by: Matthew Martin, Associate Planner
Reviewed by: Peter Gutowsky, Planning Manager
247-19-000758-CU / 759-SP Page 36 of 36
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BLACKMORE PLANNING AND DEVELOPMENT SERVICES, LLC
Mailing Date:
Thursday, April 16, 2020
COMMUNITY DEVELOPMENT
NOTICE OF DECISION
The Deschutes County Planning Division has approved the land use application(s) described below:
FILE NUMBER: 247-19-000758-CU / 759-5P
LOCATION:
APPLICANT/
OWNER:
The subject property has an assigned address of 6396 SW McVey Ave,
Redmond, and is identified on Deschutes County Assessor's Map No.
16-12-2D as tax lot 400.
Treehouse Therapies Associates
AGENT: Greg Blackmore
Blackmore Planning and Development Services
SUBJECT:
Conditional Use and Site Plan Review to establish a Commercial Use in
Conjunction with a Farm Use in the Multiple Use Agricultural (MUA-10)
zone that incorporates farming activities (animal care, agriculture, and
horticulture) into pediatric therapy.
STAFF CONTACT: Matthew Martin, AICP, Associate Planner
E-mail: matt.martin@deschutes.org; Telephone: 541-330-4620
DOCUMENTS: Can be viewed and downloaded from:
www.buildinepermits.oregon.gov and http://dial.deschutes.org
APPLICABLE CRITERIA: The Planning Division reviewed this application for compliance against
criteria contained in Chapters 18.32, 18.80, 18.116, 18.124, and 18.128
in Title 18 of the Deschutes County Code (DCC), the Deschutes County
Zoning Ordinance, as well as against the procedural requirements of
Title 22 of the DCC.
DECISION: Staff finds that the application meets applicable criteria, and approval is being granted
subject to the following conditions:
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CONDITIONS OF APPROVAL:
A. This approval is based upon the application, site plan, specifications, and supporting
documentation submitted by the applicant. Any substantial change in this approved use will
require review through a new land use application.
B. The applicant shall obtain any necessary permits from the Deschutes County Building
Division and Environmental Soils Division.
C. The minimum vision clearance area for the service drives shall be maintained.
D. Provision shall be made for watering planting areas where such care is required and required
landscaping shall be continuously maintained and kept alive and attractive.
E. A copy of a Deschutes County -issued driveway access permit shall be submitted to the
planning division or one shall be obtain prior to initiating the use.
F. Pedestrian walkways shall be constructed with hard surfaces.
G. All exterior lighting shall be shielded so that direct light does not project offsite. No lighting
shall project directly onto an existing runway or taxiway or into existing airport approach
surfaces except where necessary for safe and convenient air travel. Lighting for these uses
shall incorporate shielding in their designs to reflect light away from airport approach
surfaces, No use shall imitate airport lighting or impede the ability of pilots to distinguish
between airport lighting and other lighting.
H. No glare producing material, including but not limited to unpainted metal or reflective glass,
shall be used on the exterior of structures located within an approach surface or on nearby
lands where glare could impede a pilot's vision.
I. The applicant shall provide documentation from the Redmond Fire Department that all
applicable fire standards have been met, prior to initiation of the use.
J. The farm use shall be established prior to initiating the commercial use in conjunction with
a farm use. The farm use shall continue uninterrupted for as long as the property is used for
the proposed commercial use.
K. As a condition of approval, all clients receiving on -site services shall directly interact with the
identified farm uses on the property as part of the provided therapeutic services including
preliminary teaching, training, and assisting of clients preparing them to interact with the
farm use.
L. An evergreen planting shall be established prior to initiation of the use along the first 80 feet
of the side property lines from the road on both side lines to screen the adjacent residential
uses.
247-19-000-758-CU / 759-SP Page 2 of 3
M. Directional signage identifying one-way onsite circulation shall be installed at each access
point prior to initiating the use.
N. The applicant shall provide documentation from the Redmond Fire Department that all
applicable fire standards have been met, prior to initiation of the use.
O. The new use shall operate Monday through Friday, and occasionally on the weekend,
between the hours of 9:OOam and 6:OOpm and by appointment only.
This decision becomes final twelve (12) days after the date mailed, unless appealed by a party
of interest. To appeal, it is necessary to submit a Notice of Appeal, the appeal fee of $250.00 and a
statement raising any issue relied upon for appeal with sufficient specificity to afford the Hearings
Body an adequate opportunity to respond to and resolve each 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 TO MORTGAGEE, LIEN HOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF
YOU RECEIVE THIS NOTICE, IT MUST BE PROMPTLY FORWARDED TO THE PURCHASER.
This Notice was mailed pursuant to Deschutes County Code Chapter 22.24.
247-19-000-758-CU / 759-SP Page 3 of 3
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TRANSIGHT
CONSULTING,LLC
Transporlalion Engineering and Planning Services
Date: December 12, 2019
To: Peter Russell, Deschutes County
From: Joe Bessman, PE
Project Reference No.: 1341
Project Name: Treehouse Therapies SDC Review
.FYPI (E73: 12/31/2011
The purpose of this memorandum is to request an SDC review as part of the Treehouse Therapies project
in Deschutes County. Treehouse Therapies is a non-profit organization that provides therapy services for
children and families with special needs. The Site Traffic Report for this new facility on McVey Avenue was
completed on September 23', 2019 and describes the location and general characteristics of the site. As
required by County Code, this assessment characterized the number of trips based on standard size -based
data within the ITE Trip Generation Manual, 10th Edition. This shows that the impacts of the site are minor
and further operational analysis of the system is not necessary for this use.
While Deschutes County requires that trip estimates are based on a static metric (typically building size)
for monitoring and compliance, with repurposing of an existing residential structure for children's therapy
the trip basis is different than that of a typical medical -dental office building. With new construction a
building is developed to accommodate a specific purpose; with the repurposing the proposed use will
expand to fit the existing space. This will provide larger than required rooms for therapy.
Comparison of the trip generation data for the Medical -Dental Office Building based on both square -
footage and employee basis shows that the data applied in the manual assumes an average employee
density of one employee for every 280 square -feet of building space. The proposed Treehouse Therapies
site will include a total of six employees (five practitioners and a receptionist) within a 3,161 square -foot
residence, equivalent to one employee per 526 square -feet. This density is half the average ITE employee
density and is a function of fully utilizing the available space within the residence.
While Deschutes County typically only allows trip generation estimates to be based on building size, in the
case of the repurposed Treehouse Therapies site we believe that use of employee data provides a better
metric that more accurately reflects site impacts. Revised trip generation estimates with the "per
employee" approach is shown in Table 1.
1390SDC
Treehouse Therapies SDC Review
Table 1. Revised Trip Generation Estimates (General Urban/Suburban Area Classification)
Land Use
ITE Code
Size
Daily
Trips
Weekday PM Peak Hour
Total
In
Out
Current Use
Single -Family Detached
Housing
(General Urban/Suburban)
210
1 Unit
g
(9.44/unit)
1
(0.99/unit)
1
(63%)
0
(37%)
Proposed Use
Medical -Dental Office
Building
(General Urban/Suburban)
720
6 Emp
52
(8.70/Emp)
6
(0.97/Emp)
3
(50%)
3
(50%)
Net Trips Added to System
+43
+5
+2
+3
As shown in Table 1, with this revised trip generation estimate the site produces only +5 weekday p.m.
peak hour trips, or half the trips identified in the Code -based Site Traffic Report.
Our team would like to discuss this SDC approach with you to determine whether a formal SDC appeal
process would be required, and if so, what the appropriate process should entail. Thank you for taking the
time to review this information, please let me know if you have any questions at (503) 997-4473 or via
email at loe@transightconsulting.com.
Page 2
Chapter 15.12. SYSTEM DEVELOPMENT CHARGES
15.12.010. Repealed.
15.12.015. Repealed.
15.12.020. Repealed.
15.12.025. Repealed.
15.12.030. Definition -Other Governmental Unit.
15.12.035. Repealed.
15.12.040. Repealed.
15.12.050. Adoption of System Development Charges.
15.12.060. Application to Pay in Installments -Order -Priority -
Publication.
15.12.070. Repealed.
15.12.075. Conditions of Approval, Relief for Cash Contributions.
15.12.080. Repealed.
15.12.090. Repealed.
15.12.100. Repealed.
15.12.110. Segregation and Use of Revenue.
15.12.120. Challenge of Expenditures.
15.12.130. Hearing of Challenge to Expenditures.
15.12.140. Prohibited Construction.
15.12.010. (Repealed by Ord. 96-048, 1996)
15.12.015. (Repealed by Ord. 96-048, 1996)
15.12.020. (Repealed by Ord. 96-048, 1996)
15.12.025. (Repealed by Ord. 96-048, 1996)
15.12.030. Definition - Other Governmental Unit.
"Other governmental unit" refers to any other governmental unit, as defined in ORS 223 for whose benefit
Deschutes County collects a system development charge.
(Ord .93-051 §1, 1993)
15.12.035. (Repealed by Ord. 96-048, 1996)
15.12.040. (Repealed by Ord. 96-048, 1996)
15.12.050. Adoption of System Development Charges.
A. System development charges, the collection of which are authorized by ORS 223.297 through 223.314,
shall be collected at the time of increased usage of a capital improvement or issuance of a development
permit, building permit or connection to a capital improvement as established and revised by the Board
by resolution.
B. Each system development charge resolution shall include the following:
1. The amount of the fee to be charged;
2. The purpose of the charge;
3. The methodology used to establish the charge;
4. When such fees are to be paid;
5. For improvement fees, provide for a credit when a qualified public improvement is constructed by
the developer or user who is being required to pay a system development charge; and
Chapter 15.12 I (04/2003)
6. For improvement fees, provide for reimbursement for certain public improvements planned pursuant
to ORS 223.309.
(Ord. 96-048 §1, 1996; Ord. 95-063 §1, 1995; Ord. 93-051 §1, 1993)
15.12.060. Application to Pay in installments - Order - Priority - Publication.
A. Whenever a system development charge imposed by DCC 15.12 becomes due and payable, the owner of
the real property, as defined in DCC.12.48.081, may make application to pay the system development
charge in installments pursuant to ORS 223.208 and 223.215.
B. Whenever the Board receives such an application from an owner entitled to make payment of a system
development charge in installments, the Board shall enter an order approving the application, describing
the property and owner, setting forth the principal amount of the lien imposed on the real property, the
interest rate, and the time period over which payments shall be made.
C. If the application to make system development charges in installments is made by a religious, fraternal,
or charitable organization or public corporation, the Board may in its order designate the lien to be a
second lien on the real property.
D. The Board shall publish an order authorized by DCC 15.12.060 in accordance with ORS 223.210.
E. Where applicable, the procedures set forth in DCC 12.48.250 through 12.48.320, shall apply to an order
approving an application to make system development charges in installments.
(Ord. 95-063 §1, 1995; Ord. 94-031 §1, 1994)
15.12.070. (Repealed by Ord. 96-048, 1996)
15.I2.075. Conditions of Approval, Relief for Cash Contributions.
A. Any condition of approval requiring a cash contribution for transportation system improvements for
arterials or collectors by the County, or roads treated as arterials and collectors, which were imposed in
lieu of the construction of improvements, imposed on or after June 15, 1993, shall receive a special
credit for transportation system development charges to be imposed on lots or improvements at the
transportation system development charge rate in effect at the time application for a building permit is
made for a building permit on the subject property. The amount of the credit shall not exceed the
amount of cash contribution set forth in the conditions of approval.
B. No development shall be eligible for a credit unless the owner(s) of real property benefiting from a land
use approval have entered into conditions of approval agreement with the County. Such a conditions
and approval agreement shall, to the extent possible, be in accordance with the transportation system
development charge credit and reimbursement policies in effect at the date of the conditions of approval
agreement. Application for credit shall be the responsibility of the owner(s) and shall be made within
one year after the effective date of DCC 15.12.075.
C. No credit shall be provided for conditions of approval requiring cash contributions for transportation
systems improvements which have been paid prior to the effective date of DCC 15.12.075.
D. No credit shall accrue after June 16, 2005.
E. The community development department shall keep a ledger of all conditions of approval imposing cash
contributions described herein and the amount of credits applied. If an outstanding balance exists, on
June 16, 2005, the amount shall be due and payable.
(Ord. 95-063 §1, 1995; Ord. 95-049 §1, 1995)
15.12.080. (Repealed by Ord. 96-048, 1996)
15.12.090. (Repealed by Ord 96-048, 1996)
15.12.100. (Repealed by Ord. 96-048, 1996)
Chapter 15.12 2 (04/2003)
15.12.110. Segregation and Use of Revenue.
A. All funds derived from a system development charge shall be segregated by accounting practices from
all other funds of the County. The system development charge shall be used for no other purposes than
those set forth in the DCC 15.12.080 and the resolution adopting the charge.
B. The County shall provide an annual accounting for system development charges showing the total
amount of system development charge revenues collected for each system and the projects that were
funded.
C. In those instances in which a systems development charge has been adopted by and collected by the
County on behalf of another governmental unit, such as Bend Metro Parks and Recreation, the County
may require through an intergovernmental agreement that ultimate responsibility for accounting for the
system development expenditures lie with such other governmental unit.
D. In all cases in which the County acts on behalf of another governmental unit in adopting and collecting
system development charges and otherwise administering the collection of and disbursement of system
development charge funds, the County shall secure an indemnity agreement from the other
governmental unit to indemnify the County from any claims, losses, damages or any other expenses that
the County may incur by reason of a claim that system development charge funds have been spent by the
other governmental unit in an unauthorized manner.
(Ord. 95-063 §1 , 1995; Ord. 93-051 §1, 1993)
15.12.120. Challenge of Expenditures.
A. Any citizen or interested person may challenge an expenditure of system development charge revenues
based upon an alleged failure of the County to follow the requirements of ORS 223.307 by filing a
written challenge with the Board describing, with particularity, the expenditure which the person is
challenging and the reason that the challenge is alleged to be unlawful. All such challenges must be
brought within two years of the date of the expenditure challenged.
B. In those instances in which a systems development charge is adopted and/or collected by the County on
behalf of another governmental unit, such as Bend Metro Parks and Recreation, any challenge regarding
alleged unauthorized expenditures shall be directed to that other governmental unit if such other
governmental unit has adopted a procedure to accept and respond to challenges to system development
charge expenditures, as required by ORS 223.307. If the other governmental unit has not adopted
procedures of its own to accept and respond to challenges, challenges shall be directed to the County
under DCC 15.12.120(A).
(Ord. 95-063 §1, 1995; Ord. 93-051 §1, 1993)
15.12.130. Hearing of Challenge to Expenditures.
A. Unless an intergovernmental agreement with another governmental unit provides otherwise, a challenge
to an expenditure of system development charges collected by the County shall be set for an
administrative hearing before the County Hearings Officer. Such hearings shall be tape-recorded. The
person conducting the hearing must not be one of the persons who authorized the challenged
expenditure of funds. The Hearings Officer shall provide notice to the person challenging the
expenditure and the public employees or officials who made the expenditure, of the hearing date, time
and place. The person conducting the hearing shall also provide said persons an opportunity to present
evidence and legal arguments concerning the matter. If the Hearings Officer determines that system
development charges were misspent, he or she shall forward a report to the Board detailing the Hearings
Officer's findings and indicating the amount of funds misspent and from where said funds were spent.
The Board shall review the Hearings Officer's report and replace any funds it determines have been
misspent with funds derived from other sources.
Chapter 15,12 3 (04/2003)
B. Any indemnity agreement entered into pursuant to DCC 15.12.110(C) shall require that the other
governmental unit be the source of any monies required by the Hearings Officer under DCC
15.12.130(A) to replace monies that the Hearings Officer has found to have been misspent.
(Ord. 95-063 §1, 1995; Ord. 93-051 §1, 1993)
15.12.140. Prohibited Construction.
A. No person, firm or corporation shall construct a structure to which a system development charge applies
unless the applicable system development charge has been paid.
B. Violation of DCC 15.12.140 shall be a Class A violation.
(Ord. 2003-021 §34, 2003; Ord. 95-063 §1, 1995; Ord. 93-051 §1, 1993)
Chapter 15.12 4
Copyright Deschutes County - All Rights Reserved
(04/2003)
REVIE}W)ED
he4
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution to Modify the Transportation
System Development Charges Established by
Resolution No. 2008-059 for Properties Within
Unincorporated Deschutes County.
*
*
RESOLUTION NO. 2013-020
WHEREAS, the Deschutes County Board of County Commissioners ("Board") held a duly noticed
public hearing on June 5, 2013, to consider modifying the transportation system development charge ("SDC")
originally established by Resolution No. 2008-059 to help fund transportation projects that are necessary to
serve the existing and growth -related needs in the unincorporated areas of the county; and
WHEREAS, ORS 223.297 through 223.314 authorize governmental units to establish and modify
transportation system development charges; and
WHEREAS, system development charges are incurred upon the decision to develop property at a
specific use, density and/or intensity, and the incurred charge equals is less than, the actual of providing
Li- equals, or � cost of providing
public facilities commensurate with the needs of the chosen use, density and/or intensity; and
WHEREAS, system development charges are separate from and in addition to any applicable tax,
assessment, charge, fee in lieu of assessment, or other fee provided by law or imposed as a condition of
development; and
WHEREAS, system development charges are fees for services because they are based upon a
development's receipt of services considering the specific nature of the development; and
WHEREAS, system development charges are imposed on the activity of development, not on the land,
owner, or property, and, therefore, are not taxes on property or on a property owner as a direct consequence of
ownership of property within the meaning of Section 11, Article XI of the Oregon Constitution or the legislation
implementing that section; and
WHEREAS, revenues from the system development charges are to be used for capital improvements in
the unincorporated areas outside the cities of La Pine, Sisters, Redmond and Bend; and
WHEREAS, the methodology proposed by Deschutes County Road Department ("Department") staff,
identifies the uses of an "improvement fee" SDC, and a "reimbursement fee" SDC, and considers the
transportation capital improvement needs of the unincorporated county; and
WHEREAS, the methodology proposes applying the SDCs to future development of properties within
the unincorporated county and outside the cities of Sisters, La Pine, Redmond and Bend; and
WHEREAS, the Board determined that it is in the public interest to provide transportation capital
facilities through the use of general county revenues, SDCs, and matching funds from the State of Oregon; now,
therefore,
Page 1 of 11 — Resolution 2013-020 (06/05/13)
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. The Board in Resolution No. 2008-059 adopted the report, titled Transportation System
Development Charge Study prepared by FCS Group Inc. and DKS Associates, dated March 2008 (FCS Group
Report) which is hereby amended by a report titled "Transportation System Development Charge Update",
dated April, 2013, prepared by Deschutes County Road Department, attached as Exhibit "A" and incorporated
by reference (herein "Methodology" or "Methodology Report"). In the event of a conflict between the FCS
Report and Methodology Report, the latter shall control. The Board authorizes the assessment and collection of
transportation system development charges in the unincorporated areas of Deschutes County.
Section 2. The Board adopts the System Development Charge Project List, attached as Exhibit "B," and
incorporated by reference ("Capital Improvement Plan"). The Capital Improvement Plan hereby supersedes the
capital improvement plan which was adopted as part of Resolution No. 2008-059.
Section 3. DEFINITIONS.
(A) "Applicant" shall mean the owner or other person who applies for a building or development
permit in the unincorporated areas of Deschutes County outside the boundaries of the cities of La
Pine, Sisters, Redmond and Bend.
(B) "Building" shall mean any structure, built for the support, shelter or enclosure of persons, chattels
or property of any kind.
(C) "Building Permit" shall mean an official document or certificate authorizing the construction or
siting of any building.
(D) "Capital Improvement" shall mean a public facility or asset used for Transportation in the
unincorporated areas outside the urban growth boundaries of the cities of La Pine, Sisters,
Redmond and Bend.
(E) "Citizen or Other Interested Person" shall mean any person whose legal residence is within the
unincorporated areas of Deschutes County outside the urban growth boundaries of the cities of I.a
Pine, Sisters, Redmond and Bend, as evidenced by registration as a voter, or by other proof of
residency; or a person who owns, occupies, or otherwise has an interest in real property which is
located within the unincorporated area of Deschutes County outside the urban growth boundaries
of the cities of La Pine, Sisters Redmond and Bend.
(F) "County" shall mean Deschutes County, Oregon.
(G) "Department" shall mean the Deschutes County Road Department.
(H) "Development" shall mean a building or other land construction, or making a physical change in
the use of a structure or land, in a manner which increases the usage of any capital improvements
or which may contribute to the need for additional or enlarged capital improvements.
(I) "Development Permit" shall mean an official document or certificate, issued by Deschutes
County, other than a building permit, authorizing development.
"Encumbered" shall mean monies committed by contract or purchase order in a manner that
obligates the County to expend the encumbered amount upon delivery of goods, the rendering of
services, or the conveyance of real property provided by a vendor, supplier, contractor or Owner.
(K) "Improvement Fee" shall mean a fee for costs associated with capital improvements to be
constructed after the effective date of this resolution. Notwithstanding anything in this resolution
Page 2 of 11 — Resolution 2013-020 (06/05/13)
(J)
to the contrary, it is an incurred charge or cost based upon the use of or the availability for use of
the systems and capital improvements required to provide services and facilities necessary to meet
the routine obligations of the use and ownership of property, and to provide for the public health
and safety upon development.
(L) "Manufactured Housing" shall mean a dwelling unit constructed primarily off -site and transported
to another site for use. A unit located in a designated mobile home park shall be considered a
manufactured housing dwelling unit; otherwise a manufactured housing unit shall be considered a
single-family dwelling unit.
(M) "Multi -family housing" shall mean attached residential dwelling units.
(N) "Occupancy Permit" shall mean an official document or certificate authorizing the occupation or
use of any building or improvement authorized by a building permit.
(0) "Owner" shall mean the person holding legal title to the real property upon which development is
to occur.
(P) "Person" shall mean an individual, a corporation, including without limitation, limited liability
corporation, a partnership, an incorporated association, or any other similar entity.
(Q) "Qualified Public Improvement" shall mean a capital improvement that is:
(1) Required as a condition of development approval; and
(2) Identified in the capital improvement plan adopted pursuant to this resolution; and either:
(a) Not located on or contiguous to property that is the subject of development approval;
or
(b) Located in whole or in part on or contiguous to property that is the subject of
development approval and required to be built larger or with greater capacity than is
necessary for the particular development project to which the improvement fee is
related.
(R) "Reimbursement fee" means a fee for costs associated with capital improvements constructed or
under construction by the County on the effective date of this resolution.
(S) "Road Department Director" or "Director" shall mean the appointed Road Department Director of
Deschutes County, Oregon or the Director's designee.
(T) "Single-family housing" shall mean a detached residential dwelling unit located on an individual
lot.
(U) "System Development Charge" or "SDC" shall mean a reimbursement fee, an improvement fee,
or a combination thereof and an administrative recovery charge, assessed or collected at the time
of increased usage of a capital improvement or issuance of an occupancy permit. System
development charges are separate from and in addition to any applicable tax, assessment, fee in
lieu of assessment, or other fee or charge provided by law or imposed as a condition of
development.
(V) "System Development Charges Methodology" shall mean the methodology set forth in the FCS
Group Report as modified by the Methodology Report.
Section 4. APPLICABILITY.
Page 3 of 11 — Resolution 2013-020 (06/05/13)
(A) A Transportation System Development Charge is hereby assessed and imposed upon all new
development for which a building permit or a development permit is required and issued within
all unincorporated areas of the County outside the cities of La Pine, Sisters, Redmond and
Bend. From and after assessment, the transportation system development charge shall run with the
property, not with any structure attached to the property. Development shall mean and include
new construction, alteration, expansion or replacement of a building or dwelling unit. Non-
residential, farm -related buildings for growing and/or storing agricultural products to be used on
site, and that do not generate additional commercial traffic, are exempt.
1) All development subject to payment of the City of Bend Transportation SDC via the Water
and Sewer Agreement between the City of Bend and Cascade Highlands Limited
Partnership (recorded agreement #2005-73584) shall pay 50% of the Transportation SDC
for the specific use.
(B) Consideration of existing use.
1) If construction, alteration, expansion, replacement, or change -of -use results in an increase in
the calculated number of peak hour trips generated by the development or the property on
which the development is located, as compared to the pre -development number of
calculated peak hour trips, then a new Transportation SDC shall apply. The amount of the
system development charge to be paid shall be the difference between the calculated trips
generated from the proposed development and the calculated trips generated from the
property prior to the construction, alteration, expansion or replacement. If the change in use
results in a Transportation SDC for the proposed use which is less than the Transportation
SDC for the use being replaced, then no new or additional SDC shall be assessed and no
refund or credit shall be given.
I f thc previous development prior use the property, which was not cubject to SDC
2) it rJl �. Y1VUJ YI.Y�r1Vt.Il11Vi1� or sew of .++.. t.. ..r.�..•„ .. ...�.. .•..- �-------�,--- -- -
payment, has been abandoned for at least two consecutive years, as determined by the
Community Development Department under the County Code, then no consideration of
existing use shall occur and a new SDC assessment shall apply. However, if such
development or use was discontinued due to fire, natural disaster or required demolition on
account of public health and safety, then the two-year time period will be extended to 10
consecutive years.
3) Previously paid SDCs shall be credited to the property regardless of any period of
abandonment. The credit shall be based on the number of PM peak hour trips generated by
the development at the time of original SDC assessment.
(C) The Transportation System Development Charges (SDC's) shall be determined as follows:
(1) For those land -use categories which are specifically identified in the most recent edition of
the Institute of Traffic Engineers (ITE) Trip Generation Manual or the Methodology Report
adopted pursuant to this resolution, the SDC amount shall be determined as identified in the
Methodology Report, unless otherwise approved by the Director.
(2) For land -use categories for which no trip generation rate is included in the Methodology
Report (or ITE Trip Generation Manual), the Director shall use the land -use category
identified in the Methodology Report (or ITE Trip Generation Manual) that is most similar
to the subject land use category and apply the corresponding trip generation rate. The
Director may consider seasonal and/or cyclical variations to adjust the calculation of peak
hour trip rates. An applicant who disagrees with the Director's decision may appeal this
decision as outlined in Section 12 of this Resolution.
Page 4 of 11 — Resolution 2013-020 (06/05/13)
(D) Applicants may submit a request for an alternative trip generation rate and corresponding system
development charges for a development, subject to the following conditions:
(1)
In the event an applicant believes that the trip generation impact on County capital
improvements resulting from the development is less than the trip generation rates used to
establish the SDC fee established by this Resolution, the applicant may submit a calculation
for an alternative system development charge to the Director, but no later than the issuance
of a building permit.
(2) The alternative system development charges rate calculations shall be based on data,
information and assumptions contained in this Resolution and the Methodology or an
independent source, provided that the independent source is:
(a) a study supported by a data base adequate for the conclusions contained in such
study;
the study is performed using a generally accepted methodology and is based upon
generally accepted standard sources of information relating to facilities planning, cost
analysis and demographics;
(c) The demonstrated number of peak hour trips is at least ten (l0%) percent less than the
number of peak hour trips set forth in the Methodology Report or otherwise
calculated by the Director pursuant to subsection (B) of this Section; and
(d) the demonstrated number of peak hour trips shall be documented by a registered
traffic engineer or otherwise qualified professional engineer.
(3) The Director shall issue a written decisinn within ten (10) working days from the date of
receipt of a complete application and shall notify the applicant by regular mail,
(4) If the Director determines that the data, information and assumptions utilized by the
applicant to calculate the alternative system development charges rates satisfy the
requirements of this subsection and have been timely submitted, the alternative system
development charges rates shall be paid in lieu of the rates set forth in or otherwise
determined by the Director under this Resolution.
If the Director determines that the data, information and assumptions utilized by the
applicant to calculate the alternative system development charges rates do not satisfy the
requirements of this subsection or have not been timely submitted, the Director shall deny
the application and apply the rates established by the Director.
(E) Subject to the provisions of this Resolution, the County hereby assesses and shall collect a
transportation system development charge ("SDC") on the following schedule:
(1) at the initial rate of $3,758 per PM peak hour trip, consisting of a $3,625 improvement fee,
a $86 reimbursement fee, and a $47 administrative recovery charge.
(F) For SDC's that have been assessed, but not yet been paid as of the effective date of this
Resolution, the property owner shall pay the lesser of the applicable SDC charge determined
under Resolution No. 2008-059 or this Resolution.
(5)
(b)
(G) Unless otherwise adjusted by order of the Board of County Commission, on each succeeding July
1 after 2014, the SDC, consisting of the improvement fee, the reimbursement, if any and the
administrative recovery charge shall be adjusted by the annual percentage increase or decrease in
the construction cost index, published in the immediately preceding January by the Engineering
Page 5 of 11— Resolution 2013-020 (06/05/13)
News Record for the City of Seattle, Washington. The calculation shall use the immediately
preceding July 1 and the then -applicable rate per peak hour trip as the starting point.
Section 5. COLLECTION.
(A) The Transportation SDC's shall be collected and paid in full no later than the date of submittal of
an application for an occupancy permit. An applicant may elect to pay an SDC over a ten-year
period under the provisions of DCC 15.12.060.
In cases where an occupancy permit is not required, the Transportation SDC shall be collected and
paid in full no later than the date on which the property is used in the manner approved by the
development permit. An applicant may elect to pay an SDC over a ten-year period under the
provisions of DCC 15.12.060.
(C) Notwithstanding the receipt of an occupancy permit or the use of the property pursuant to a
development permit without payment of the SDC, the SDC liability shall survive and be a
personal obligation of the permittee.
(D) Intentional failure to pay the SDC within sixty (60) days of the due date shall result in a penalty
equal to fifty percent (50%) of the SDC. Interest shall accrue on and after 60 days after the due
date at the rate of nine (9%) percent per annum.
(B)
(E) In addition to an action at law and any statutory rights, the County may:
(1)
(2)
(3)
Refuse to issue a Certificate of Occupancy;
Refuse to issue any permits of any kind to the delinquent permittee for any development;
Condition i � ____iop� 1 of delinquent 'Fans in fall
V:JnUltlon any UG VG1VjJlllellt approval the UGlllltiuGril pGl uailWv on payment fall,
including penalties and interest;
(4) If the property becomes occupied prior to issuance of a Certificate of Occupancy, initiate
code enforcement proceedings;
For purposes of this section, delinquent permittee shall include any person controlling a
delinquent corporate permittee and, conversely, any corporation controlled by a delinquent
individual permittee.
Section 7. CREDITS FOR DEVELOPER CONTRIBUTIONS OF QUALIFIED PUBLIC
IMPROVEMENTS.
(5)
(A) The County may grant a credit against the improvement fee portion, if any, of system
development charges imposed pursuant to this Resolution for the construction of any qualified
public improvement.
(B) Prior to issuance of a development permit, the applicant shall submit to the County a proposed
plan and estimate of cost for the applicant to construct one or more qualified public
improvements. The proposed plan and estimate shall include:
(1)
(2)
(3)
a designation of the development project for which the proposed plan is being submitted;
a legal description of any land proposed to be donated, if any, and documentation as to the
seller and purchase price;
a list of the contemplated capital improvements contained within the development plan;
Page 6 of 11 — Resolution 2013-020 (06/05/13)
(4) an estimate of construction costs for the contemplated capital improvements certified by a
professional architect or engineer; and
(5) a proposed time schedule for completion of the proposed capital improvements.
(C) The credit provided for construction of a qualified public improvement shall be only for the cost
of that portion of such improvement that exceeds the minimum standard facility size and must be
designed and constructed to provide additional capacity to meet projected future transportation
needs. Projected future transportation needs shall be determined by reference to the Deschutes
County Transportation System Plan. Improvements that address capacity deficiencies existing at
the time of development are not, eligible. In the case of improvements addressing both capacity
deficiencies and adding future capacity, only that portion providing future capacity is eligible.
The applicant shall have the burden of demonstrating that a particular improvement qualifies for
credit.
(D) The Director is authorized to determine that the timing, location, design and scope of proposed
improvement are consistent with and furthers the objectives of the County's capital improvements
program and either:
(1) the improvement is required to fulfill a condition of development approval; or
(2) the improvement is within the impact area of the development. For purposes of this section,
impact area is that geographic area determined by the Director in which the estimated peak
hour traffic to be generated by the development exceeds ten (10%) percent of the existing
average peak hour traffic. Existing traffic volumes shall be those observed and measured
within six months prior to filing the development application, adjusted for daily and
seasonal traffic variations using factors provided by the Director.
(E) Credit eligibility shall be determined by the Director. In addition to meeting the standards of this
section, the following shall control:
(1) No credits shall be issued for design or construction costs associated with landscaping,
street lighting, storm sewers, sidewalks, and erosion control; or sound walls, berms or other
such mitigation devices.
(2) Road right-of-way required to be dedicated pursuant to the applicable comprehensive plan
or development condition is not creditable. The reasonable market value of land purchased
by the applicant from a third party that is necessary to complete a required off -site
improvement is creditable. The Director may require an applicant at the applicant's expense
to furnish an appraisal to determine the market value of such property.
No credit shall granted for utility relocation except for that portion which otherwise
would have been the legal obligation of the County pursuant to a tariff, easement or similar
relationship if the project had been undertaken by the County.
(4) No credit shall be granted for minor realignments not designated on the comprehensive
plan.
No more than 13.5 percent of the total eligible construction cost shall be creditable for
survey, engineering, inspection and permit fees.
(F) All requests for credit vouchers must be in writing and filed with the Director not more than 90
days after County acceptance of the improvement. Improvement acceptance shall be in
accordance with the County's policies, practices, procedures and standards. The amount of any
(3)
(5)
Page 7 of 11 — Resolution 2013-020 (06/05/13)
credit shall be determined by the Director and based upon the subject improvement construction
contract documents, or other relevant information, provided by the applicant for the credit. Upon a
finding by the Director that the contract amounts exceed prevailing market rates for a similar
project, the credit shall be based upon market rates. The Director shall provide the applicant with
a credit voucher, on a form provided by the Department. The original of the credit voucher shall
be retained by the Department. The credit voucher shall state a dollar amount that may be applied
only against the SDC otherwise imposed by the County against the subject property. In no event
shall a subject property be entitled to redeem credit vouchers in excess of the SDC imposed.
Under no circumstances will the County be required to pay an applicant in cash, as consideration
for the improvement. This paragraph applies only to issuance of credit vouchers and does not
extend the deadline for credit redemption or otherwise modify the credit redemption deadline.
(G) Credits shall be apportioned against the property which was the subject of the application to
construct an improvement eligible for credit. Unless otherwise requested, apportionment against
lots or parcels constituting the property shall be proportionate to anticipated average peak hour
trips generated by the respective lots or parcels. Upon written application to the Director,
however, credits shall be reapportioned from any lot or parcel to any other lot or parcel within the
confines of the property originally eligible for the credit. Reapportionment shall be noted on the
original credit voucher retained by the Department.
(H) Any credits issued pursuant to this Resolution are assignable, however, they shall apply only to
that property subject to the original condition for land use approval upon which the credit is based
or any partitioned or subdivided parcels or lots of such property to which the credit has been
apportioned. Credits shall only apply against SDC's, are limited to the amount of the
improvement fee attributable to the development of the specific lot or parcel for which the credit
is sought, and shall not be a basis for any refund.
(1) Any credit must be redeemed not later than the issuance of the occupancy permit. The applicant is
responsible for presentation of any credit prior to issuance of the occupancy permit. Under no
circumstances shall any credit redemption be considered after issuance of an occupancy permit.
Credit vouchers shall expire on the date ten (10) years after the acceptance of the applicable
improvement by the county. No extension of this deadline shall be granted.
Section 8. FUND ESTABLISHED. The County hereby establishes a fund to be designated as the
"Countywide Transportation SDC Improvement Fee Fund," (herein Transportation SDC Fund or the Fund).
(A) All SDC payments shall be deposited into the Transportation SDC Fund immediately upon
receipt.
(B) The monies deposited into the Fund designated as the "Countywide Transportation SDC
Improvement Fee Fund," including interest on the Fund, shall be maintained separate and apart
from all other accounts of the County and shall be used solely for the purpose of providing the
capital improvements that provide for the increased capacity necessitated by new development,
including but not limited to:
(1) Design and construction plan preparation;
(2) Permitting and fees;
(3) Property acquisition, including any costs of acquisition, relocation or condemnation;
(4) Construction of capital improvements;
(J)
Page 8 of 11 — Resolution 2013-020 (06/05/13)
(5) Design and construction of storm and surface water drainage facilities associated with the
construction of capital improvements and structures;
(6) Relocating utilities associated with the construction of improvements and structures;
(7) Landscaping within the right of way or upon property disturbed by the construction of
capital improvements;
(8) Capital construction management and inspection;
(9) Surveying, soils and material testing;
(10) Acquisition of capital equipment used on association with capital construction or road
maintenance or both;
(11) Repayment of monies transferred to or borrowed from any budgetary fund of the County,
including interest, which were used to fund any of the capital improvements as herein
provided;
(12) Payment of principal and interest, necessary reserves and costs of issuance under any bonds
or other indebtedness issued by the County to fund capital improvements;
(13) Direct costs of complying with the provisions of ORS 223.297 to 223.314, including the
consulting, legal, and administrative costs required for developing and updating the SDC,
the methodology, resolution, and capital improvements master plan; administration of credit
applications and apportionment; and the costs of collecting SDC's and accounting for SDC
receipts and expenditures.
Section 9. INVESTMENT OF TRANSPORTATION SDC FUND REVENUE.
(A) Any funds on deposit in Transportation SDC Fund that is not immediately necessary for
expenditure shall be invested by the County.
(B) All income derived from such investments shall be deposited in the appropriate SDC trust fund
and used as provided herein.
Section 10. ANNUAL ACCOUNTING REPORTS. The Director shall prepare an annual report
accounting for SDC funds received, including the total amount of SDC improvement fee revenue collected in
each fund, and expenditures.
Section 11. CHALLENGE OF EXPENDITURES.
(A) Any citizen or other interested person may challenge an expenditure of SDC revenues.
(B) Such challenge shall be submitted, in writing on a form approved by the County, to the
Department for review within two (2) years following the subject• expenditure, and shall include
the following information:
(1)
(2)
(3)
The name and address of the citizen or other interested person challenging the expenditure;
The amount of expenditure, the project, payee or purpose, and the approximate date on
which it was made; and
The reason why the expenditure is being challenged.
Page 9 of 11 — Resolution 2013-020 (06/05/13)
(C) If the Director determines that the expenditure was not made in accordance with the provisions of
this resolution and other relevant laws, a reimbursement of SDC fund revenues from other funds
shall be made within one (1) year following the determination that the expenditure was not
appropriate.
(D) The County shall make written notification of the results of the expenditure review to the citizen
or other interested person who requested the review within ten (10) days of completion of the
review.
Section 12. APPEALS AND REVIEW HEARINGS.
(A) An applicant who is required to pay system development charges shall have the right to request a
hearing to review a decision only in the following matters:
(1) A land -use category and/or seasonal/cyclical variations used by the Director to determine
the SDC amount pursuant to Section 4.
(2) An alternative rate calculation pursuant to subsection (C) of Section 4.
(3) A proposed credit for contribution of qualified public improvements pursuant to Section 7.
(B) Such hearing shall be requested by the applicant within thirty (30) days of the date of first receipt
of the Director's decision. Failure to request a hearing within the time provided shall be deemed a
waiver of such right,
(C) The request for hearing shall be filed with the Director and shall contain the following:
(1) The name and address of the applicant;
(2) The legal description of the property in question;
(3) If issued, the date the building permit or development permit was issued;
(4) A brief description of the nature of the development being undertaken pursuant to the
building permit or development permit;
(5) If paid, the date the system development charges were paid; and
(6) A statement addressing the decision subject to review set forth in subsection (A) of this
section and the reasons why the applicant is challenging the decision.
(D) Upon receipt of such request, the County shall schedule a hearing before the Board of
Commissioners at a regularly scheduled meeting or a special meeting called for the purpose of
conducting the hearing and shall provide the applicant written notice of the time and place of the
hearing. Such hearing shall be opened within forty-five (45) days of the date the request for
hearing was filed.
(E) Such hearing shall be before the Board of Commissioners and shall be conducted in a manner
designed to obtain all information and evidence relevant to the requested hearing. Formal rules of
civil procedures and evidence shall not be applicable; however, the hearing shall be conducted in
a fair and impartial manner with each party having an opportunity to be heard and to present
information and evidence.
(F) Appeal of the decision of the Board shall be made to the Circuit Court of Deschutes County.
Page 10 of 1 1— Resolution 2013-020 (06/05/13)
Section 13. FULL FORCE AND EFFECT. if any clause, section or provision of this resolution shall be
declared unconstitutional or invalid, the remaining portions of said resolution shall be in full force andeffect and
be valid as if such invalid .portion had not been adopted. Nothing contained herein shall be construed as
invalidating any assessment or collection of system development charges pursuant to Resolution No. 2008-059,
nor any project funded in wholeor in part with funds collected thereunder. In addition, all funds assessed and
collected pursuant to Resolution No. 2008-059, which have not been committed, shall be treated in the same
manner as funds received pursuant to Section 8 of this Resolution.
Section 14. EFFECTIVE. This resolution is effective immediately upon adoption by the Board of
County Commissioners. The SDC established by Resolution No. 2008-059 shall first apply to building permits
for which a building permit application is accepted by the County as complete on and after October 1, 2008. The
SDC established by Resolution No. 2013-020 shall first apply to building permits or development approvals for
which a building permit or development application was accepted by the County as complete on and after the
effective date of this resolution.
1 .0-
DATED this ! Zyday of Syr 4..4— - , 2013.
ATTEST:
Recording Secretary
Page 11 of 1 1 — Resolution 2013-020 (06/05/13)
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
7fokk, xA9 —
ALAN UNGER, Chair
av-Y�
TAIVIM Y tiANE Y, vice Chair
ANTHONY DEBONE, Commissioner
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 8, 2020
DATE: July 1, 2020
FROM: Peter Russell, Community Development, 541-383-6718
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Order No. 2020-036, a 10-Year Payment Plan for
Transportation System Development Charges for Treehouse Therapies
RECOMMENDATION & ACTION REQUESTED:
Approve Board Order 2020-036 as presented.
BACKGROUND AND POLICY IMPLICATIONS:
Treehouse Therapies was approved for a commercial activity (child therapy involving
agricultural activities) in conjunction with a farm use under File 247-20-000758-CU/759-SP,
which included a transportation SDC of $22,240. The amount is based on 5 p.m. peak hour
trips at a rate of $4,448 per trip; the applicants' traffic engineer provided the number of trips in
a traffic memo. The applicant requested a 10-year payment plan as allowed under Board
Resolution 2013-020(5)(A). The applicant did not appeal the SDC, but in a May 12, 2020,
letter requesting the 10-year payment plan offers three alternatives, which are in fact appeals,
in staffs determination.
FISCAL IMPLICATIONS: If approved, Treehouse Therapies will be required to make 20 equal
payments of $1,419.90 each, including a fixed rate of 4.90% per annum, due on July 15 of this
year and January 15 and July 15 of each of ten consecutive years. Not requiring or modifying
the SDC payment plan would result in the applicant not mitigating its proportionate impacts to
the transportation system.
ATTENDANCE: Peter Russell, Senior Transportation Planner, CDD
MEMORANDUM
DATE: June 30, 2020
TO: Board of County Commissioners
FROM: Peter Russell, Senior Transportation Planner
RE:
EVE LO P M ENT
July 8 hearing on Board Order 2020-036 to establish a 10-year payment plan for a
$22,240 transportation system development charge (SDC) for Treehouse Therapies,
6396 SW McVey Ave., a land use approved under File 247-19-000758-CU/759-SP.
Treehouse Therapies, which provides various therapies for children, is required to pay a
transportation system development charge (SDC). The applicant provided a traffic impact study as
part of its land use application that documented the 5 p.m. peak hour trips the site will generate.
County staff then used the current SDC rate of $4,448 per p.m. peak hour trip to arrive at the
$22,240 SDC. Earlier, staff had used the standard Medical -Dental Office (Land Use #720), which
indicated the site would generate 10 p.m. peak hour trips for an SDC of $44,480. The applicant and
the traffic engineer then presented materials which indicated the site would generate less trips than
the Institute of Traffic Engineers (ITE) Trip Generation Manual predicts.
Planning and Road Department staff reviewed the materials and agreed that the 5 p.m. peak hour
trips were reasonable and justifiable, reducing the SDC from $44,480 to $22,240. Treehouse
Therapies did not appeal the SDC amount, but did request the 10-year-payment plan allowed under
Board Resolution 2013-20(5)(A). The payment plan form is attached and the semi-annual amount
is $1,419.90. Staff notes Treehouse Therapies has also submitted a memo requesting three
alternatives ranging from no payment to a payment plan doubled to 20 years and no interest. Staff
notes none of the options is consistent with either Board Resolution 2013-020 or Deschutes County
Code 15.12.060, which is the County's SDC program.
The Board held a work session on July 6 on the topic to discuss the matter with staff.
Attachments:
Board Order 2020-036
Treehouse Therapies SDC Payment Plan Agreement
Treehouse Therapies May 12, 2020, letter
Findings and Decision on Treehouse Therapies, April 16, 2020
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
Transight Consulting December 12, 2019, memo on SDCs
Deschutes County Code 15.12.060, Application to Pay in Installments - Order -
Priority - Publication
BOCC Resolution 2013-020
Page 2 of 2