2020-326-Minutes for Meeting August 05,2020 Recorded 9/3/2020� 3-C E S C-
o�'' BOARD OF
COMMISSIONERS
1 INITI
Recorded in Deschutes County r Ignin_n9r.
Wednesday® August 5, 2020 BARNES & SAWYER ROOMS
VIRTUAL MEETING PLATFORM
Present were Commissioners Patti Adair and Anthony DeBone, and Phil Henderson (va Zoom
conference call). Also present were Tom Anderson, County Administrator; David Doyle, County Counsel
(via Zoom conference call) ; and Sharon Keith, Board Executive Assistant (via Zoom conference call).
Attendance was limited due to Governor's Virus Order.
This meeting was audio and video recorded and can be accessed at the Deschutes County
Meeting Portal website http://deschutescountyor.igm2.com/Citizens/Default.aspx
CALL TO ORDER: Chair Adair called the meeting to order at 10:01 a.m.
PLEDGE OF ALLEGIANCE:
CITIZEN INPUT: None presented
CONSENT AGENDA: Before the Board was Consideration of Approval of the
Consent Agenda.
DEBONE:
HENDERSON:
Move approval
Second
BOCC MEETING AUGUST 5, 2020 PAGE 1 OF 10
VOTE: DEBONE: Yes
HENDERSON: Yes
ADAIR: Chair votes yes. Motion Carried
1. Consideration of Board Signature of Document No. 2020-314, Iris Telehealth
2. Consideration of Board Signature of Document No. 2020-510, Pacific5ource
Amendment
3. Consideration of Board Signature of Document No. 2020-532, Oregon
Department of Transportation (ODOT) Intergovernmental Agreement No.
33640; Region 4 ARTS Project
4. Consideration of Board Signature of Letter Appointing Scott Asla to the
Deschutes Couty Planning Commission's South County Position
5. Approval of Minutes of the July 20, 2020 BOCC Meeting
6. Approval of Minutes of the July 22, 2020 BOCC Meeting
ACTION ITEMS:
7. Consideration of Board Signature of Document No. 2020-528, Gate
Permit No. 20-002, Authorizing Three Sisters Irrigation District to
Construct, Operate and Maintain Gates on Simmons Road and Scimitar
Lane
Road Department Director Chris Doty presented the item for consideration
explaining the gate permit process and concerns for the property owner and
conditions of approval. The HOA's support was also included in the package.
HENDERSON: Move approval of Document No. 2020-528
DEBONE: Second
VOTE: HENDERSON: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
8. PUBLIC HEARING Continued: Annexations into West La Pine Livestock
District and Consideration of Order No. 2020-042 Calling Election
BOCC MEETING AUGUST 5, 2020 PAGE 2 OF 10
Senior Legal Counsel Assistant John Laherty presented the background on
the annexation request. Commissioner Adair opened the public hearing.
Mr. Laherty continued his staff report. Commissioner DeBone commented
on the history of the location for cattle feeding routes.
Commissioner Adair called for public testimony.
Ron Thompson provided testimony and background on the concerns leading
to this request for annexation.
Commissioner DeBone supports moving forward and placing it on the ballot.
Hearing no further testimony, Commissioner Adair closed the public hearing.
DEBONE: Move approval Order No. 2020-042 calling for an election
HENDERSON: Second
VOTE: DEBONE: Yes
HENDERSON: Yes
ADAIR: Chair votes yes. Motion Carried
9. Consideration of Board Signature of Document No. 2020-434,
Acknowledging the Revision of 2020 Greater La Pine Community
Wildfire Protection Plan
Via Zoom conference call were County Forester Ed Keith and Fire Adapted
Communities Coordinator Boone Zimmerlee to present the item for
consideration and highlighted the updates. Oregon Wildfire Risk Explorer
reports have been utilized to enhance the CWPP. The City of La Pine has
reviewed and approved the document. The Board expressed support and
spoke on the positive work being done in our County this year. Maps
including acres treated will be brought forward in the document for quick
access for readers.
DEBONE:
HENDERSON:
Move approval of Document No. 2020-434
Second
BOCC MEETING AUGUST 5, 2020 PAGE 3 OF 10
Commissioner Adair stressed the importance of fire prevention in the
community.
VOTE: DEBONE: Yes
HENDERSON: Yes
ADAIR: Chair votes yes. Motion Carried
Commissioner DeBone commented on the useful information gathered
through the Oregon Wildfire Risk Explorer tool. Commissioner Henderson
announced the film "Rebuilding Paradise" is being hosted by Deschutes
Forest Collaborative as an outdoor film event this Friday.
10.Consideration of Chair Signature of Document No. 2020-533, Purchase of
Caterpillar 836K landfill Compactor
Solid Waste Operations Director Timm Schmike (via Zoom conference call)
presented the item for consideration � and explained the cooperative
purchasing process and the use of this piece of equipment for the landfill.
HENDERSON: Move approval of Document No. 2020-533
DEBONE: Second
VOTE: HENDERSON:
DEBONE:
ADAIR:
Yes
Yes
Chair votes yes. Motion Carried
11.Acceptance of Grant for Take Meds Seriously Campaign
Health Services Jessica Jacks and Julie Spackman presented the Campaign via
Zoom conference call. The grant award would be in the amount $4,980 to
allow additional resources for promotions of the Campaign in Spanish.
Commissioner Adair suggested placing the Campaign on the local Spanish
radio stations.
BOCC MEETING AUGUST 5, 2020 PAGE 4 OF 10
DEBONE:
HENDERSON
VOTE:
Move approval of acceptance of the grant
Second
DEBONE:
HENDERSON:
ADAI R:
12.COVID19 Update
Yes
Yes
Chair votes yes. Motion Carried
Present via Zoom conference call were Public Health Director Nahad Sadr-
Azodi, Dr. Richard Fawcett, and Dr. George Conway. Presentation attached to
the record. Discussion held on the factors of reopening of schools during the
pandemic and if it would be possible. There is a shortage for on -site rapid
testing along with delays on testing results. Dr. Conway hopes for additional
on -site rapid testing. Dr. Conway reported on cases and testing being done
at long-term care facilities. Dr. Conway commented on the drug
Hydroxychloroquine and the evidence in some of the literature of serious
side effects with use of the drug.
RECESS: At the time of 12:12 p.m., the Board took a recess and the meeting was
reconvened at 1:01 p.m. Commissioner Henderson (in attendance before recess
via Zoom) was now present in the meeting room.
COVID19 Update Continued
Consideration of Order No. 2020-047, Extending the Declared State of
Emergency Order.
County Counsel Doyle explained the Order extends the declared state of
emergency an additional 30 days (through September 4th). Maintaining the
declared state of emergency will assist with contracting and reimbursement
processes.
BOCC MEETING AUGUST 5, 2020 PAGE 5 0F 10
DEBONE: Move approval of Order No. 2020-047
HENDERSON: Second
Commissioner DeBone acknowledged the review of this Order every 30 days.
VOTE: DEBONE: Yes
HENDERSON: Yes
ADAIR: Chair votes yes. Motion Carried
13.Consideration of First Reading of Ordinance No. 2020-009, Amending the
Deschutes County Transportation System Plan (TSP) Text to 1) Add j-
Turns as an Option to Frontage Roads for US 97 Bend -Redmond Raised
Median and 2) Leave Vandevert Road Connected to US 97
Senior Transportation Planner Peter Russel (via Zoom conference call)
presented the Ordinance for the first reading. Discussion held on the design
of j-Turns.
DEBONE: Move approval of Ordinance No. 2020-009 first reading by title
only.
HENDERSON: Second
VOTE: DEBONE: Yes
HENDERSON: Yes
ADAIR: Chair votes yes. Motion Carried
Commissioner Adair read the Ordinance into the record. The second reading
will be presented to the Commissioners on August 19, 2020.
14.Discussion to Consider Ordinance: Rezone and Plan Amendment of
Lower Bridge Mine Site
BOCC MEETING AUGUST 5, 2020 PAGE 6 OF 10
Present via Zoom conference call, Will Groves, Community Development
Department presented the discussion. The Ordinance will be presented for
the first reading at the BOCC meeting on August 12, 2020.
15.Consideration of Signature of Order No. 2020-045, Reopening the Record
of Thornburg Golf Course Site Plan
Will Groves, Community Development Department (via Zoom) presented the
history on the Thornburg Golf Course Site Plan and asked for consideration
of reopening the record. Assistant County Counsel Adam Smith commented
on the concerns between the parties involved and the request to include two
additional documents into the record.
DEBONE:
HENDERSON
VOTE:
Move approval of Order No. 2020-045
Second
DEBONE:
HENDERSON:
ADAI R:
Yes
Yes
Chair votes yes. Motion Carried
16.Preparations for Deliberations - Thornburg Golf Course Site Plan
Will Groves, Community Develepment Department (via Zoom) presented the
item in preparations for deliberations that are scheduled for the BOCC
Meeting of August 12, 2020.
17.Approval of Marijuana Opt Out Ballot Measure: Consideration of Board
Signature of Order No. 2020-041, Calling for an Election on the Issue of
Prohibiting the Establishment of ADDITIONAL Marijuana Producers,
Processors, and Processing Sites in Unincorporated Areas of Deschutes
County
BOCC MEETING AUGUST 5, 2020 PAGE 7 OF 10
Assistant County Counsel Adam Smith presented an updated Order and
Exhibits calling for an election. Discussion held on wording necessary to
provide clarity for voters.
HENDERSON: Move approval of Order No. 2020-041 and Exhibits A & B
DEBONE: Second
VOTE: HENDERSON Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
18.Continued Discussion of Deschutes County Vacan Position List
Deputy County Administrator Erik Kropp presented the updated listing of
vacant positions in Deschutes County departments. Some vacancies are
mandated positions necessary to provide services tied to the receipt of grant
funding.
The Board expressed support for the temporary needs of the Clerk's Office
for the upcoming election. The Budget Committee directed the decrease of
1.5% of the vacancies across departments. Commissioner DeBone
supported 1 % cut and Commissioner Henderson feels that 1 % is sufficient
for now but that the elected departments should also participate in the
elimination of vacant positions - which will then meet the 1.5% target
directed by the Budget Committee.
Commissioner DeBone commented on the strong workforce in Deschutes
County and the services they provide. Commissioner Adair acknowledged
state funding cuts could affect the County and this should be reviewed after
September 1. The Board asked for vacancy numbers of positions that are
based on COVID19 response. The Board supported suspending this decision
until September.
BOCC MEETING AUGUST 5, 2020 PAGE 8 OF 10
COMMISSIONER UPDATES:
• Commissioner Henderson will be attending the Cohesive Strategies Living
with Fire meeting on Friday.
• Commissioner Henderson commented on the importance of educating the
community on COVID19 and feels the Commissioners should be more
involved. He expressed concern for children not being able to attend school.
Commissioner Adair feels conversations should be held with local school
districts. Commissioner DeBone acknowledged the Commissioners are the
local public health authority and wants to advocate to the community to
wear masks, wash hands, and be mindful of distancing. Lobbying for testing
could be done in Salem. Contacts will be made to gather feedback from the
educators.
Commissioner DeBone will attend the virtual AOC Committee meetings on
Monday.
• Commissioner DeBone met with the Mayor of the City of La Pine and
Property Manager Kristie Bollinger regarding the trail development project in
La Pine.
Commissioner Adair announced the COVID number today was just 8 cases.
• Commissioner DeBone attended the Public Safety Coordinating Council
meeting yesterday.
• Commissioner Henderson reported on the selection of a consultant to review
the Distict Attorney's Office staffing and efficiency/best practices. The hope is
to have the results prior to the December mid -year budget meeting.
• Discussion held on opportunities for the future of Knott Landfill and the need
to continue to advocate for a new site.
BOCC MEETING AUGUST 5, 2020 PAGE 9 OF 10
OTHER ITEMS:
• County Administrator Anderson and Communications Director Whitney Hale
commented on the Special Legislative Session that is scheduled for Monday,
August 10.
• Communications Director Whitney Hale explained Central Oregon Daily has
requested the use of Barnes Sawyer rooms for election forums October 12,
13, and 14 and wanted to share that request with the Board. The BOCC
meets on Monday, October 12 and Wednesday, October 14 and the request
for the room is from 4:00 to 6:30 p.m. and the BOCC meetings would need to
be shortened if the Board approves the room usage. Central Oregon Daily
accepts the responsibility of the cost of cleaning the rooms. Attendance will
be limited to the candidates, a moderator, a Deschutes County staff
representative, and the camera handler. The Board supported the space
use.
EXECUTIVE SESSION: None presented.
A No Being no further items to come before the Board, the meeting was adjourned at
2:59 p.m.
DATED this )� Day of 2020 for the Deschutes County Board of
Commissioners.
ANTHONY DEBONE, VICE CHAIR
RECORDING SECRETARY
BOCC MEETING AUGUST 5, 2020 PAGE 10 OF 10
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - www.deschutes.org
BOCC MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 AM, WEDNESDAY, AUGUST 5, 2020
Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend
This meeting is open to the public, usually streamed live online and video recorded. To watch it online, visit
www. deschutes. org/meetings.
Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or
discussed. This notice does not limit the Board's ability to address other topics.
Item start times are estimated and subject to change without notice.
CALL TO ORDER
MEETING FORMAT
In response to the COVID-19 public health emergency, Oregon Governor Kate Brown issued Executive Order
20-16 directing government entities to utilize virtual meetings whenever possible and to take necessary
measures to facilitate public participation in these virtual meetings.
Beginning on May 4, 2020, meetings and hearings of the Deschutes County Board of Commissioners will be
conducted in a virtual format. Attendance/Participation options include:
Live Stream Video: Members of the public may still view the BOCC meetings/hearings in real time via the
Public Meeting Portal at www.deschutes.org/meetings.
Citizen Input: Citizen Input is invited in order to provide the public with an opportunity to comment on any
meeting topic that is not on the current agenda. Citizen Input is provided by submitting an email to:
citizen input deschutes.org or by leaving a voice message at 541-385-1734. Citizen input received before
the start of the meeting will be included in the meeting record.
Zoom Meeting Information: Staff and citizens that are presenting agenda items to the Board for
consideration or who are planning to testify in a scheduled public hearing may participate via Zoom
meeting. The Zoom meeting id and password will be included in either the public hearing materials or
through a meeting invite once your agenda item has been included on the agenda. Upon entering the
Zoom meeting, you will automatically be placed on hold and in the waiting room. Once you are ready to
Board of Commissioners BOCC Meeting Agenda Wednesday, August 5, 2020 Page 1
of 4
present your agenda item, you will be unmuted and placed in the spotlight for your presentation. If you are
providing testimony during a hearing, you will be placed in the waiting room until the time of testimony,
staff will announce your name and unmute your connection to be invited for testimony. Detailed
instructions will be included in the public hearing materials and will be announced at the outset of the
public hearing.
PLEDGE OF ALLEGIANCE
CITIZEN INPUT (for items not on this Agenda)
[Note: Because COVID-19 restrictions may limit or preclude in person attendance, citizen input comments
may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734. To be
timely, citizen input must be received by 9:00am on the day of the meeting.]
CONSENT AGENDA
1. Consideration of Board Signature of Document No. 2020-314, Iris Telehealth
Contract Renewal
2. Consideration of Board Signature of Document No. 2020-510. PacificSource
Amendment
3. Consideration of Board Signature of Document No. 2020-532, Oregon Department
of Transportation (ODOT) Intergovernmental Agreement No. 33640: Region 4 ARTS
Project
4. Consideration of Board Signature of Letter Appointing Scott Asia to the Deschutes
County Planning Commission's South County Position Add -On
5. Approval of Minutes of the July 20, 2020 BOCC Meeting
6. Approval of Minutes of the July 22, 2020 BOCC Meeting
ACTION ITEMS
7. 10:05 AM Consideration of Board Signature of Document No. 2020-528, Gate
Permit No. 20-002, Authorizing Three Sisters Irrigation District to
Construct, Operate, and Maintain Gates on Simmons Road and
Scimitar Lane. - Cody Smith, County Engineer
Board of Commissioners BOCC Meeting Agenda Wednesday, August 5, 2020 Page 2
of 4
8. 10:20 AM PUBLIC HEARING Continued: Annexations into West La Pine Livestock
District & Consideration of Order No. 2020-042 Calling Election -John
Laherty,
9. 10:35 AM Consideration of Board Signature of Document No. 2020-434,
Acknowledging the Revision of 2020 Greater La Pine CWPP - Ed Keith,
Forester
10. 10:55 AM Consideration of Chair Signature of Document No. 2020-533, Purchase
of Caterpillar 836K Landfill Compactor - Timm Schimke, Director of Solid
Waste
11. 11:05 AM Acceptance of Grant for Take Meds Seriously Campaign -Jessica Jacks,
Health Services Supervisor
12. 11:15 AM
LUNCH RECESS
COVID19 Update
13. 1:00 PM Consideration of First Reading of Ordinance No. 2020-009 Amending
the Deschutes County Transportation System Plan (TSP) Text to 1) Add
J-Turns as an Option to Frontage Roads for US 97 Bend -Redmond
Raised Median and 2) Leave Vandevert Road Connected to US 97 -
Peter Russell, Senior Planner
14. 1:10 PM Discussion to Consider Ordinance: Rezone and Plan Amendment of
Lower Bridge Mine Site - William Groves, Senior Planner
15. 1:25 PM Consideration of Signature of Order 2020-045 - Reopening the Record
of Thornburg Golf Course Site Plan - William Groves, Senior Planner
16. 1:35 PM Preparations for Deliberations - Thornburg Golf Course Site Plan -
William Groves, Senior Planner
17. 2:05 PM Approval of Marijuana Opt Out Ballot Measure: Consideration of
Board Signature of Order No. 2020-041, Calling for an Election on the
Issue of Prohibiting the Establishment of ADDITIONAL Marijuana
Producers, Processors, and Processing Sites in Unincorporated Areas
of Deschutes County -Adam Smith, Assistant Legal Counsel Updated
Board of Commissioners BOCC Meeting Agenda Wednesday, August 5, 2020 Page 3
of 4
18. 2:25 PM Continued Discussion of Deschutes County Vacant Position List - Erik
Kropp, Deputy County Administrator
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss as part of
the meeting, pursuant to ORS 192.640.
: FX � call] U CTl*i **I IS
At any time during the meeting, an executive session could be called to address issues relating to ORS
192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor
negotiations; ORS 192.660(2)(b), personnel issues; or other executive session categories.
Executive sessions are closed to the public, however, with few exceptions and under specific guidelines,
are open to the media.
ADJOURN
To watch this meeting on line, go to: www.deschutes.org/meetings
Please note that the video will not show up until recording begins. You can also view past
meetings on video by selecting the date shown on the website calendar.
Deschutes County encourages persons with disabilities to participate in all programs
and activities. This event/location is accessible to people with disabilities. If you need
accommodations to make participation possible, please call (541) 617-4747.
FUTURE MEETINGS:
Additional meeting dates available at www.deschutes.or..R/meetingcalendar
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions
regarding a meeting, please call 388-6572.)
Board of Commissioners BOCC Meeting Agenda Wednesday, August 5, 2020 Page 4
of 4
I
IN
"On-M.4-
� 2 z M
V)
uj
0 hk A
cz
ID
CZ 0)
00) cauw))
_0 -,Oo
CL ccz: SD
0
0 E
W
40)
Q E
0 (n
(D cz 2
I -R 3
(D (D 0 - g -
0
E 41� 0 =— I
CL w co (Z E
cz
(4 C)
0 16 E
0 U)
m m
C 2 vo
Z'9
u
E
Ln
0
tA
tn
Ln
4-1
2
® ® 0 O
r4 00 Q0
M
N
6'
e9
cA�
M
/9`C,
lD
l� -,9
/19,
s
l✓9
m
gl
9l
�9
t.0
l
cv
o
�1� lsr
Sl
00
S�
ui
S
/zs
rn
�
Oil
Lr)
s1S,c�'
fn
G�
�`o,
®
saseD
a�
c
0
.N
v
V)
m
u
Y
v
v
v
c
4-
0
v
E
0
c
v
v
ao
c
ru
u
+1
c
v
u
v
OZOZ/V/s
ozoz/sz/L G
OZOZ/TZ/L
,
OZOZ/i7i/L
OZOM/c
ozoz/os/9
OZOZ/EZ/9
OZOZ/9Z/9
OZOZ/6/9
I
rn
Ln OP
r- o
00
rn
L
m o
rn
Q0 0
Lr) N
N o
� N
0
O 000 Q d0' O O
NN
N
N
Q.
4
(A&
C
s
0
0
0
oO
0
0
d1
N
N
Ln
Ln
0
O
0)
0
O
m
0
O
(N
Q
O
i
bA
bA
C�
C
O
N
L
O
N
N
N
Ln
v
E
U)
O
4-
v
C
O
Ln
4-1
O
C
O
N
d'
co
b.0
O
O
L
4
4-
4-
Ln
bA
Q
i
O
ro
4-1
ro
C)
d'
N
O
+-a
U
UA
-
N
L
O
Y
J
-0
4-
U
O
O
®
O
®
O
3
i
U
O
a�
a
�
C
s
v
o
z
■
0
N
M
0
0
0
"go
o
rn
Ln
N
0
0
00
0
0
>- (3) >-
5
Ln
a-+
C
0 �
O O
� v
v
rB
v
0 -
o
Ln E
N
j
o 4,
aJ
i
O
o N
m �
C
O
o =
N Ln
4--+
4-
O
O �
r-I �
0
N
0
o CC)
L
b.0
M
O
i
Ln
O
bA
Q
O
m
4._,
cp
0
®
o
0
0
0
0
0
0
0
0
0
O
O
O
O
®
O
®
®
O
®
e-1
01
00
1®
l®
Ifl
c$'
CY9
CI-4
r-1
O
m
M .'•
N
O
00
00 '
N i
O��
Ql '�
m
r-
O I !
e
N
N
Ln
rn
N _a
m
�l
,
m
r
Ln
00
Ln ;
M�
lD
i
N
' M
Ln
M
a1 ❑' N
l�
'-, 00
1 m ❑
O 0 O
O O O
� r-A
C7
OZOZ/t7/8
OZOZ/T£/L
OZOZ/LZ/L
OZOZ/£Z/L
OZOZ/6T/L
OZOZ/ST/L
OZOZ/TI/L
OZOZ/L/L
OZOZ/£/L
OZOZ/6Z/9
OZOZ/SZ/9
OZOZ/tiZ/9
OZOZ/LT/9
OZOZ/£T/9
OZOZ/6/9
OZOZ/S/9
OZOZ/Z/9
OZOZ/8Z/S
OZOZ/i,Z/S
OZOZ/OZ/S
OZOZ/9Z/S
OZOZ/ZZ/S
OZOZ/8/S
OZOZ/i,/S
OZOZ/0£/t7
OZOZ/9Z/t7
OZOZ/ZZ/t
OZOZ/8Z/t,
OZOZ/tT/t,
OZOZ/OZ/t
OZOZ/9/ib
OZOZ/Z/t
OZOZ/6Z/£
OZOZ/SZ/£
OZOZ/tiZ/£
OZOZ/LZ/£
OZOZ/£Z/£
OZOZ/6/£
OZOZ/S/£
� � 1H r
O
O
I
O
O
N
e1-I
aJ
o
Ol
+
ca
qt
Q
Lr)
�
0
W
�
Q
9
0
W
2p �
�
� W
{ W
F-
w
J W Z
m—
Sr. • N µ-
0 _ �,�c:
4
�'� N_ N
L... O N p6 �u1
OU�Ouvi NC:Ovy
V (n "�
�U�-0NN �OU.CaI
U
� U QU E u-�
•� Nv,O�ON UC`'O
��-4S°EDO- °'-cu
Q O N�c0
C�
CL
N E5 'C =
0 4-J
'O .0 E vi
v/ 012 s-I c,s
Q� (.) = 4 ,
3 "_-°'6
>5
(-Dino
t—U0c)U
II
II
ft<sn3
►x
AA
�JMIOI.mjmAM
AAA.
A -0-0-m-O A-01
AAA A
.0
AAA APIA
AAA
2M �A
r
R
G
Mll:,
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Wednesday Meeting of August 5, 2020
DATE: July 29, 2020
FROM: Jessica jacks, Health Services,
TITLE OF AGENDA ITEM:
Acceptance of Grant for Take Meds Seriously Campaign
RECOMMENDATION & ACTION REQUESTED:
Request Board approval of receiving $4,980 to support promotion of the "Take Meds
Seriously Oregon" campaign.
BACKGROUND AND POLICY IMPLICATIONS:
Given COVID-19's impact on the community, we are anticipating the following stress -related factors resulting
from the COVID-19 pandemic: fear and worry, changes in sleep or eating patterns, difficulty sleeping or
concentrating, worsening chronic health problems, worsening mental health conditions, increased use of
tobacco, alcohol or other substances. Behavioral health medications may be needed to address these issues.
Given the complexity of addressing these matters multiple behavioral health medication prescriptions may
result in order to find the correct dosage and most effective medication for a patient. These necessary
prescription adjustments can then result in unused medications that must be properly disposed. The "Take
Meds Seriously Oregon" public awareness campaign is designed to raise awareness of prescription drug safety
measures: safe use, safe storage, and safe disposal of medications. While the campaign's website and print
materials have been translated into Spanish, the most recent 30-second radio and television public service
announcement (PSA) is only available in English. These funds will pay for the translation of the latest 30-second
PSA into Spanish, the reproduction of the ad with translated voice-over, written content, and culturally
appropriate images. In addition, the new video and audio PSA will be distributed over two months on local
Spanish -language radio and television.
One time funds will be used entirely on advertising. Resources will be completely expended within 8/1/20 to
12/31/20. No FTE required.
FISCAL IMPLICATIONS: Receive $4,980.
ATTENDANCE: Jessica Jacks and/or Julie Spackman, via Zoom Meeting participation.
a
'O
r
as
oe
. V a
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Wednesday Meeting of August 5, 2020
DATE: July 30, 2020
FROM: Peter Russell, Community Development, 541-383-6718
TITLE OF AGENDA ITEM:
Consideration of First Reading of Ordinance No. 2020-009 Amending the Deschutes
County Transportation System Plan (TSP) Text to 1) Add J-Turns as an Option to Frontage
Roads for US 97 Bend -Redmond Raised Median and 2) Leave Vandevert Road Connected
to US 97
RECOMMENDATION & ACTION REQUESTED:
Approve and conduct first reading by title only to approve Ordinance 2020-009.
BACKGROUND AND POLICY IMPLICATIONS:
The Board held a June 24, 2020, public hearing on File 247-20-000138-PA, an application by
the Oregon Department of Transportation (ODOT) to amend the Deschutes County TSP text in
two areas. The first (pages 144 and 165) would allow J-turns as an option to having a frontage
road precede a raised median on US 97 between Bend and Redmond. The second (page 147)
would eliminate language for disconnecting Vandevert Road from US 97. The Board closed
the oral record on June 24, left the written record open until July 15, and deliberated on July
22. At deliberations, the Board voted 3-0 to approve the plan amendment as submitted.
FISCAL IMPLICATIONS: None
ATTENDANCE: Peter Russell, CDD, Senior Transportation Planner
MEMORANDUM
DATE: July 30, 2020
TO: Board of County Commissioners
FROM: Peter Russell, Senior Transportation Planner
RE: August 5, 2020, consideration of first reading of Ordinance 2020-009, which amends
the Deschutes County Transportation System Plan (TSP) text regarding 1) amend
requirement a frontage road be in place prior to installing a raised median barrier
between Bend and Redmond by adding a reference to J-turns and 2) removing
language that Vandevert Road will be disconnected from U.S. 97 (File 247-20-000138-
PA).
The Board deliberated on July 22, 2020, and unanimously approved File 247-20-000138-PA, an
application by the Oregon Department of Transportation (ODOT) to amend the Deschutes County
TSP. Specifically, the application amends the TSP text on pages 144 and 165 regarding the frontage
road preceding the raised median between Bend and Redmond by adding a reference to J-turns. A
J-turn is a directional break in the median and is now an option to the frontage road(s), but does not
eliminate the frontage road concept. On page 147 the amendment deletes text regarding
disconnecting Vandevert Road from US 97.
The Board held a public hearing on June 24, 2020, closing the oral record that day, and leaving the
written record open until July 15, 2020. The Board then set deliberations for July 20, but due to
subsequent items also needing the Board's immediate attention, shifted the date to July 22, 2020.
The Board's deliberations are footnoted below.' The proposed language is attached with new
language shown as underline and deleted language shown as etk The Board's June 24,
2020, hearing is footnoted below.Z
1 The deliberations on File 247-20-000138-PA is Item #20
https•//deschutescountyor igm2.com/Citizens/SplitView.aspx?Mode=Video&MeetinglD=2580&Format=Agenda
2 The public hearing on File 247-20-000138-PA is Item #20
https://deschutescountyor.igm2.com/Citizens/FileOpen.aspx?Tvpe=1&ID=2259&lnline=True
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
Q, (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd
II. NEXT STEPS
The Board will set a date no sooner than two weeks from the date of first reading for second reading
of Ordinance 2020-009.
Staff will be attending remotely by Zoom from the CDD building. Staff will be available to answer
any questions by Zoom.
Attachments: 1) Ordinance 2020-009
2) ExhibitA (Text changes on pages 144 and 165 for raised median, J-turns))
3) Exhibit B (Text changes on page 147 for Vandevert Road)
4) Exhibit C (Legislative History)
5) Exhibit D (Amend DCC 23.01)
6) Exhibit E (Findings)
Page 2 of 2
REVIEWED
LEGAL COUNSEL
mp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County
Transportation System Plan text to add reference to J- *' ORDINANCE NO. 2020-009
turns to language on frontage road on U.S. 97 '
between Bend and Redmond and delete text requiring '
Vandevert Road be disconnected from U,S. 97.
WHEREAS, applicant Oregon Department of Transportation (ODOT) has applied for a plan amendment
via File 247-20-000138-PA; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on May 14 and
May 28, 2020, and forwarded to the Deschutes County Board of County Commissioners ("Board"), a unanimous
recommendation of approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on June 24, 2020, and
concluded that the public will benefit from the proposed changes to the Deschutes County Transportation System
Plan; now, therefore,
THE. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. The Deschutes Counry Transportation System Plan text is amended to
include references to J-turns to precede the installation of a raised median on U.S. 97 between Bend and Redmond
on pages 144 and 165 with new language shown in underline and deleted language shown as stfikethfeugh and
attached here as Exhibit "A" and incorporated by reference herein,
Section 2. AMENDMENT, The Deschutes County Transportation System Plan text is amended to
delete references to disconnecting Vandevert Road from U.S. 97 on pages 147, deleted language shown as
strileathfougb and attached here as Exhibit "B" and incorporated by reference herein.
Section 3. AMENDMENT. Deschutes County Comprehensive Plan Chapter 5.12, Supplementary
Section -- Legislative History, is amended to read as described in Exhibit "C", attached hereto and by this reference
incorporated herein, with new language underlined.
Section 4. AMENDMENT. Deschutes County Code, Title 23, Chapter 23.01, is amended to read as
described in Exhibit "D", attached hereto and by this reference incorporated herein, with new language underlined.
PAGE I OF 2 - ORDINANCE NO. 2020-009
Section 5. FINDINGS. The Board adopts as its findings, Exhibit "E", attached hereto and
incorporated by reference herein.
Dated this of 2020 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PATTI ADAIR„ Chair
ANTHONY DEBONE, Vice Chair
ATTEST:
Recording Secretary PHILIP G. HENDERSON
Date of 1' Reading: day of . 2020.
Date of 2nd Reading: day of 2020.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Patti Adair
Anthony DeBone
Philip G. Henderson
Effective date: day of pw_ w, y 2020.
PAGE 2 OF 2 - ORDINANCE NO.2020-009
Exhibit A
New language on Page 144 shown as underlined and deleted text shown as strik@thro gh
"The agency recognizes the out of direction travel that would result and thus
has stated the current raised median would not be extended until a f-a—mvma'ge
r,A--;af-i W—AS in place on the west side of lIS-97 ODOT had a plan that would
minimize out -of -direction travel. The plan could include installation of a
frontage road backage road or the addition of I turns on U.S. 97."
New language on Page 165 shown as underlined.
"Between Bend and Redmond the traffic volumes will exceed the threshold
ODOT has set for triggering a raised median. The County supports a raised
median on U.S. 97, provided an adequate system of frontage road(s) or parallel
local alternate routes or the addition of I turns precede the raised median's
installation."
Ordinance 2020-009, Exhibit A
Exhibit B
Deleted language on Page 147 shown as strikethre gh.
IN
M. RTI
lmlelm-
Ordinance 2020-009, Exhibit B
sect�ow Ss2 Legisl.at%ve History
Background
This section contains the legislative history of this Comprehensive Plan.
Table S.12.1 Comprehensive Plan Ordinance History
Ordinance
Date Adopted/
Chapter/Section
Amendment
Effective
All, except
Transportation, Tumalo
and Terrebonne
201 1-003
8-10-1 1/ 1 1-9-1 1
Community Plans,
Deschutes Junction,
Comprehensive Plan update
Destination Resorts and
ordinances adopted in
2011
2.5, 2.6, 3.4, 3.10, 3.5,
Housekeeping amendments to
201 1-027
10-31-1 1 / 1 1-9-1 1
4.6, 5.3, 5.8, 5.1 1,
23.40A, 23.40B,
ensure a smooth transition to
23.40.065, 23.01.010
the updated Plan
23.60, 23.64 (repealed),
Updated Transportation
2012-005
8-20-12/ 1 1-19-12
3.7 (revised), Appendix C
System Plan
(added)
La Pine Urban Growth
2012-012
8-20-12/8-20-12
4.1, 4.2
Boundary
2012-016
12-3-12/3-4-13
3.9
Housekeeping amendments to
Destination Resort Chapter
Central Oregon Regional
2013-002
1-7-13/ 1-7-13
4.2
Large -lot Employment Land
Need Analysis
Comprehensive Plan Map
Amendment, changing
2013-009
2-6-13/5-8-13
1.3
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan Map
2013-012
5-8-13/8-6-13
23.01.010
Amendment, including certain
property within City of Bend
Urban Growth Boundary
Newberry Country: A Plan
2013-007
5-29-13/8-27-13
3.10, 3.1 1
for Southern Deschutes
County
DESCHUTES COUNTY COMPREHENSIVE PLAN -201 1
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Ordinance 2020-009, Exhibit C
Comprehensive Plan Map
2013-016
10-21-13/10-21-13
23.01.010
Amendment, including certain
property within City of Sisters
Urban Growth Boundary
Comprehensive Plan Map
2014-005
2-26-14/2-26-14
23.01.010
Amendment, including certain
property within City of Bend
Urban Growth Boundary
2014-012
4-2-14/7-1-14
3.10, 3.1 1
Housekeeping amendments to
Title 23.
Comprehensive Plan Map
Amendment, changing
designation of certain
2014-021
8-27-14/ 1 1-25-14
23.01.010, 5.10
property from Sunriver Urban
Unincorporated Community
Forest to Sunriver Urban
Unincorporated Community
Utility
Comprehensive Plan Map
Amendment, changing
designation of certain
2014-021
8-27-14/ 1 1-25-14
23.01.010, 5.10
property from Sunriver Urban
Unincorporated Community
Forest to Sunriver Urban
Unincorporated Community
Utility
Comprehensive Plan Map
Amendment, changing
2014-027
12-15-14/3-31-15
23.01.010, 5.10
designation of certain
property from Agriculture to
Rural Industrial
Comprehensive Plan Map
Amendment, changing
2015-021
1 1-9-15/2-22-16
23.01.010
designation of certain
property from Agriculture to
Surface Mining.
Comprehensive Plan Map
Amendment, changing
2015-029
1 1-23-15/ 1 1-30-15
23.01.010
designation of certain
property from Tumalo
Residential 5-Acre Minimum
to Tumalo Industrial
2015-018
12-9-15/3-27-16
23.01.010, 2.2, 4.3
Housekeeping Amendments
to Title 23.
DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Ord. 2020-009, Exhibit C
Comprehensive Plan Text and
2015-010
12-2-15/ 12-2-15
2.6
Map Amendment recognizing
Greater Sage -Grouse Habitat
Inventories
Comprehensive Plan Map
Amendment, changing
2016-001
12-21-15/04-5-16
23.01.010; 5.10
designation of certain
property from, Agriculture to
Rural Industrial (exception
area)
Comprehensive Plan
Amendment to add an
exception to Statewide
2016-007
2-10-16/5-10-16
23.01.010; 5.10
Planning Goal I I to allow
sewers in unincorporated
lands in Southern Deschutes
County
Comprehensive Plan
Amendment recognizing non-
2016-005
1 1-28-16/2-16-17
23.01.010, 2.2, 3.3
resource lands process
allowed under State law to
change EFU zoning
Comprehensive plan
2016-022
9-28-16/1 1-14-I6
23.01.010, 1.3, 4.2
Amendment, including certain
property within City of Bend
Urban Growth Boundary
Comprehensive Plan Map
Amendment, changing
2016-029
12-14-16/ 12/28/ 16
23.01.010
designation of certain
property from, Agriculture to
Rural Industrial
Comprehensive Plan Map
Amendment, changing
2017-007
10-30-17/ 10-30-17
23.01.010
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan
2018-002
1-3-18/ 1-25-18
23.01, 2.6
Amendment permitting
churches in the Wildlife Area
Combining Zone
DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Ord. 2020-009, Exhibit C
Housekeeping Amendments
correcting tax lot numbers in
Non -Significant Mining Mineral
2018-006
8-22-18/ 1 1-20-18
23.01.010, 5.8, 5.9
and Aggregate Inventory;
modifying Goal 5 Inventory of
Cultural and Historic
Resources
Comprehensive Plan Map
Amendment, changing
2018-01 1
9-12-18/ 12-1 1-18
23.01.010
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan Map
Amendment, removing Flood
23.01.010, 2.5, Tumalo
Plain Comprehensive Plan
2018-005
9-19-18/ 10-10-18
Community Plan,
Designation; Comprehensive
Newberry Country Plan
Plan Amendment adding Flood
Plain Combining Zone
purpose statement.
Comprehensive Plan
Amendment allowing for the
2018-008
9-26-18/ 10-26-18
23.01.010, 3.4
potential of new properties to
be designated as Rural
Commercial or Rural
Industrial
Comprehensive Plan Map
Amendment changing
designation of certain
property from Surface Mining
2019-002
1-2-19/4-2-19
23.01.010, 5.8
to Rural Residential Exception
Area; Modifying Goal 5
Mineral and Aggregate
Inventory; Modifying Non -
Significant Mining Mineral and
Aggregate Inventory
Comprehensive Plan and Text
2019-001
1-16-19/4-16-19
1.3, 3.3, 4.2, 5.10, 23.01
Amendment to add a new
zone to Title 19: Westside
Transect Zone.
DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Ord. 2020-009, Exhibit C
Comprehensive Plan Map
Amendment changing
designation of certain
2019-003
02-12-19/03-12-19
23.01.010, 4.2
property from Agriculture to
Redmond Urban Growth
Area for the Large Lot
Industrial Program
Comprehensive Plan Map
Amendment changing
designation of certain
property from Agriculture to
2019-004
02-12-19/03-12-19
23.01.010, 4.2
Redmond Urban Growth
Area for the expansion of the
Deschutes County
Fairgrounds and relocation of
Oregon Military Department
National Guard Armory.
Comprehensive Plan Map
Amendment to adjust the
Bend Urban Growth
Boundary to accommodate
the refinement of the Skyline
Ranch Road alignment and the
2019-01 1
05-0 1 - 19/05-16/19
23.01.010, 4.2
refinement of the West Area
Master Plan Area I boundary.
The ordinance also amends
the Comprehensive Plan
designation of Urban Area
Reserve for those lands
leaving the UGB.
Comprehensive Plan Map
Amendment, changing
2019-006
03-13-19/06-1 1-19
23.01.010,
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan and Text
amendments to provide
procedures related to the
2020-001
12-1 1-19/ 12-1 1-19
23.01.01, 2.5
division of certain split zoned
properties containing Flood
Plain zoning and involving a
former or piped irrigation
canal.
DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Ord. 2020-009, Exhibit C
Comprehensive Plan
Transportation System Plan
Amendment to add
roundabouts at US 20/Cook-
2020-008
06-10-24/09-22-20
23.01.010, Appendix C
O.B. Riley and US 20/01d
Bend -Redmond Hwy
intersections; amend Tables
5.331 and 5.332 and amend
TSP text
Comprehensive Plan
Transportation System Plan
Amendment to add reference
to) turns on US 97 raised
2020-009
06-10-20/09-08-20
23.01.010. Appendix C
median between Bend and
Redmond: delete language
about disconnecting
Vandevert Road from US 97
DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Ord. 2020-009, Exhibit C
EXHIBIT D
Chapter 23.01 COMPREHENSIVE PLAN
Chapter 23.01 COMPREHENSIVE PLAN
23.01.010. Introduction.
A. The Deschutes County Comprehensive Plan, adopted by the Board in Ordinance 2011-003
and found on the Deschutes County Community Development Department website, is incorporated
by reference herein.
B. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2011-027, are incorporated by reference herein.
C. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-005, are incorporated by reference herein.
D. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-012, are incorporated by reference herein.
E. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-016, are incorporated by reference herein.
F. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-002, are incorporated by reference herein.
G. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-009, are incorporated by reference herein.
H. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-012, are incorporated by reference herein.
I. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-007, are incorporated by reference herein.
J. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-005, are incorporated by reference herein.
K. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-006, are incorporated by reference herein.
L. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-012, are incorporated by reference herein.
M. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-021, are incorporated by reference herein.
N. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-027, are incorporated by reference herein.
O. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-021, are incorporated by reference herein.
P. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-029, are incorporated by reference herein.
Q. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-018, are incorporated by reference herein.
R. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-010, are incorporated by reference herein.
S. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-001, are incorporated by reference herein.
T. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-022, are incorporated by reference herein.
U. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-005, are incorporated by reference herein.
Chapter 23.01 8�-2020)
Ordinance 2020-009, Exhibit D
EXHIBIT D
V. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-027, are incorporated by reference herein.
W. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-029, are incorporated by reference herein.
X. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2017-007, are incorporated by reference herein.
Y. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-002, are incorporated by reference herein.
Z. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-006, are incorporated by reference herein.
AA. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-011, are incorporated by reference herein.
BB. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-005, are incorporated by reference herein.
CC. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-008, are incorporated by reference herein.
DD. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-002, are incorporated by reference herein.
EE. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-001, are incorporated by reference herein.
FF. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-003, are incorporated by reference herein.
GG. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-004, are incorporated by reference herein.
HH. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-011, are incorporated by reference herein.
Il. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-006, are incorporated by reference herein.
JJ. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-016, are incorporated by reference herein.
KK. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-019, are incorporated by reference herein.
LL. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-001, are incorporated by reference herein.
MM. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-002, are incorporated by reference herein.
NN. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-003, are incorporated by reference herein.
00. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-008, are incorporated by reference herein.
PP The Deschutes County Comprehensive Plan amendments adopted by the Board in Ordinance
2020-009 are incorporated by reference herein
(Ord. 2020-009 §l, 2020, Ord. 2020-008 §1, 2020; Ord. 2020-003 §1, 2020; Ord. 2020-002 §1,
2020; Ord. 2020-001 §26, 2020; Ord. 2019-019 §2, 2019; Ord. 2019-016 §3, 2019; Ord. 2019-006 §
1, 2019; Ord. 2019-011 § 1, 2019; Ord. 2019-004 §1, 2019; Ord. 2019-003 §1, 2019; Ord. 2019-001
§1, 2019; Ord. 2019-002 §1, 2019; Ord. 2018-008 §1, 2018; Ord. 2018-005 §2, 2018; Ord. 2018-011
§1, 2018; Ord. 2018-006 §1, 2018; Ord. 2018-002 §1, 2018; Ord. 2017-007 §1, 2017; Ord. 2016-029
Chapter 23.01 8� 2020)
Ordinance 2020-009, Exhibit D
EXHIBIT D
§ 1, 2016; Ord. 2016-027 § 1, 2016; Ord. 2016-005 § 1, 2016; Ord. 2016-022 § 1, 2016; Ord. 2016-001
§1, 2016; Ord. 2015-010 §1, 2015; Ord. 2015-018 § 1, 2015; Ord. 2015-029 § 1, 2015; Ord. 2015-021
§ 1, 2015; Ord. 2014-027 § 1, 2014; Ord. 2014-021 §1, 2014; Ord. 2014-12 §1, 2014; Ord. 2014-006
§2, 2014; Ord. 2014-005 §2, 2014; Ord. 2013-012 §2, 2013; Ord. 2013-009 §2, 2013; Ord. 2013-007
§1, 2013; Ord. 2013-002 §1, 2013; Ord. 2013-001 §1, 2013; Ord. 2012-016 §1, 2012; Ord. 2012-013
§ 1, 2012; Ord. 2012-005 § 1, 2012; Ord. 2011-027 § 1 through 12, 2011; Ord. 2011-017 repealed;
Ord.2011-003 §3, 2011)
Click here to be directed to the Comprehensive Plan (http://www.deschutes.org/compplan)
Chapter 23.01 $L 2020)
Ordinance 2020-009, Exhibit D
m
FINDINGS TO AMEND DESCHUTES CO. TRANSPORTATION SYSTEM PLAN TEXT
REGARDING 1) ADDING REFERENCE TO J-TURNS TO REQUIREMENT A FRONTAGE ROAD
BE IN PLACE PRIOR TO INSTALLING RAISED MEDIAN BETWEEN BEND AND REDMOND;
AND 2) REMOVING LANGUAGE THAT VANDEVERT ROAD WILL BE DISCONNECTED
FROM U.S. 97
(FILE 247-20-000138-PA)
1. Background
The Oregon Department of Transportation (ODOT) has two scheduled construction projects
to improve safety on U.S. 97. The first is to erect a raised median barrier for nine (9) miles
between the south city limits of Redmond and the north city limits of Bend. The second is
to make six (6) miles of U.S. 97 into a divided highway between South Century Drive and the
United States Forest Service (USFS) boundary, which include keeping Vandevert Road
connected to U.S. 97. The current Transportation System Plan (TSP) requires a parallel
route, aka a frontage or backage road, be in place prior to a median barrier being installed
on the highway. The current TSP also has a long-term objective of disconnecting Vandevert
Road from U.S. 97.
The proposed plan amendment would 1) modify the TSP language by adding a reference to
J-turns (a form of U-turn) as an additional method to minimize out -of -direction travel caused
by the raised median barrier and 2) remove the TSP language regarding disconnecting
Vandevert from U.S. 97 in the future. The findings below discuss both proposals. The
proposed plan amendments, if approved, would allow the ODOT projects to be consistent
with the County TSP.
The applicant, ODOT, initiated the proposed plan amendment (File 247-20-000138-PA) to
amend the Deschutes County TSP. The TSP is the transportation component of the
Deschutes County Comprehensive Plan. The subject plan amendment proposes the
following:
• Amend the current TSP language on Page 144 relating to the Deschutes Junction area
that to offset a raised median would lead to out -of -direction travel and require a
frontage road on the west side of U.S. 97
• Amend current TSP language on Page 165 that a frontage road precede a raised
median on U.S. 97
• Amend the current TSP text on page 147 calling for disconnecting U.S. 97 from
Vandevert Road
The proposed plan amendment is for TSP text only and does not involve review of the actual
construction of the two projects. The raised median between Bend and Redmond will be
done in four phases and the divided rural highway between South Century Drive and the
USFS border will be done in two phases. Phase I for each project will be constructed in
2021. Construction of the latter phases is dependent upon funding and are not yet
programmed.
11. Review Criteria
Proposed Board Ordinance 2020-009 amends the TSP. Deschutes County lacks specific
criteria in DCC Titles 18, 22, or 23 for reviewing a legislative amendment. Nonetheless,
ODOT is initiating this text amendment and bears the responsibility for demonstrating the
amendment complies with Deschutes County Title 22, Development Procedures Ordinance;
Statewide Planning Goals; Oregon Revised Statutes (ORS); Oregon Administrative Rules
(OAR); the Deschutes County Comprehensive Plan; and Deschutes County TSP.
The findings are organized as follows:
Section 1 - DCC Title 22, Chapter 22.12, Legislative Procedures
Section 2 - Statewide Planning Goals
Section 3 - Oregon Revised Statutes
Section 4 - Oregon Administrative Rules
Section 5 - Deschutes County Comprehensive Plan
Section 6 - Deschutes County Transportation System Plan
Section 1, DCC Title 22, Chapter 22.12, Legislative Procedures
22.12.010. Hearing Required
No legislative change shall be adopted without review by the Planning Commission and a public
hearing before the Board of County Commissioners. Public hearings before the Planning
Commission shall be set at the Discretion of the Planning Director, unless otherwise required by
state law.
Ord. 2020-009 Exhibit E (247-20-000138-PA, US 97 raised median J-turns; Vandevert Rd)
Page 2 of 19
FINDING: Staff held a work session with the Planning Commission (PC) on April 23, 2020,
prior to the May 14, 2020, public hearing, which was the first evidentiary hearing. The PC
continued the hearing until May 28, at which time they closed the hearing, deliberated, and
unanimously recommended the Board approve the application as presented. The Board
held a work session on June 15 and a public hearing on June 24. The Board closed the oral
record on that date, left the written record open until July 15, and deliberated on July 20.
This complies with DCC 22.12.010.
22.12.020. Notice
A. Published Notice
1. Notice of a legislative change shall be published in a newspaper of general
circulation in the county at least 10 days prior to each public hearing.
2. The notice shall state the time and place of the hearing and contain a
statement describing the general subject matter of the ordinance under
consideration.
B. Post Notice. Notice shall be posted at the discretion of the Planning Director and
where necessary to comply with ORS 203.045.
C. Individual Notice. Individual notice to property owners, as defined in DCC
22.08.010(A), shall be provided at the discretion of the Planning Director, except as
required by ORS 215.503.
D. Media Notice. Copies of the notice of hearing shall be transmitted to other
newspapers published in Deschutes County.
FINDING: Staff published notice with the required information in the Bend Bulletin on May
3, 2020, which is more than 10 days prior to the May 14, 2020, PC public hearing. Staff also
sent notice to all property owners within 750 feet of the right of way of U.S. 97 between
Bend and Redmond and South Century Drive to USFS boundary. The mailed notices
included a notice of public hearing (NOPH) and maps of the two project areas. Mailed
individual notices and posted notices are not required for a legislative amendment under
County code, but staff exercised the discretion allowed under DCC 22.12.020(B) and (C) to
mail individual notices.
Staff also sent notice to the Department of Land Conservation and Development (DLCD) on
March 19, 2020, which is more than 35 days prior to the first evidentiary hearing. (At the
time of the 35-day notice, staff thought April 23 would be a PC hearing, due to CORVID-19.
Since that 35-day notice was sent, the County determined April '23 would be a PC work
session with a hearing date to be decided at the work session.) This notice is consistent
with DCC 22.12.020(C). Staff coordinated with the County public information officer for
distribution of a press release to the media. This complies with DCC 22.12.020.
Ord. 2020-009 Exhibit E (247-20-000138-PA, US 97 raised median J-turns; Vandevert Rd)
Page 3of19
22.12.030. Initiation of Legislative Changes
A legislative change may be initiated by application of individuals upon payment of
required fees as well as by the Board of Commissioners or the Planning Commission.
FINDING: The text amendment was initiated by the ODOT on February 13, 2020, after
paying the required fees. This complies with DCC 22.12.030.
22.12.040. Hearings Body
A. The following shall serve as hearings or review body for legislative changes in this
order.
1. The Planning Commission.
2. The Board of County Commissioners.
B. Any legislative change initiated by the Board of County Commissioners shall be
reviewed by the Planning Commission prior to action being taken by the Board of
Commissioners.
FINDING: The PC public hearing preceded the Board's. This sequence complies with DCC
22.12.040.
22.12.050. Final Decision
Ali legislative changes shall be adopted by ordinance.
FINDING: These findings will become an exhibit to the implementing ordinance, which is
2020-009. This complies with DCC 22.12.050.
22.12.060. Corrections
The County's comprehensive plan and zoning ordinances, subdivision ordinance, and
development procedures may be corrected by order of the Board of County Commissioners
to cure editorial and clerical errors.
FINDING: The amendment will revise the County's TSP, an element of the County's
Comprehensive Plan, to add references to J-turns for a raised median on U.S. 97 between
Bend and Redmond as an option to frontage roads; the amendment also removes language
calling for Vandevert Road, a County collector, to be disconnected from U.S. 97. The
proposed language does not pertain to an editorial or clerical error, therefore this section
is not applicable.
Ord. 2020-009 Exhibit E (247-20-000138-PA, US 97 raised median J-turns; Vandevert Rd)
Page 4 of 19
Section 2, Statewide Planning Goals
Goal 1, Citizen Involvement
FINDING: The text amendment included a work sessions before the PC (April 23, 2020) and
Board (June 15, 2020), both of which the public could attend. The entire ODOT application
was entered into the record at the PC work session at time and was part of the PCs agenda
packet. (The PC packet materials can be found at the link below.) The PC held a public
hearing on May 14, which was continued until May 28. The public could attend via Zoom,
due to the COVID-19 pandemic. The PC hearings are found at the link below.2 The Board
work session and hearings are found at the links below.3 The proposed comprehensive
plan amendment under Deschutes County Code (DCC) 22.12 (Legislative Procedures) went
through noticed public meetings before both the Planning Commission and the Board and
thus complies with Goal 1.
Goal2, Land Use Planning
FINDING: The text amendment ensures the ODOT safety project is consistent with the TSP.
The safety project has two elements: 1) a raised median between Bend and Redmond
constructed in four phases and 2) making 97 into a divided four -lane highway between
South Century Drive and the USFS boundary, approximately Milepoints 153-159 in two
phases. This Comprehensive Plan text amendment was processed under DCC 22.12
(Legislative Procedures). The comprehensive plan amendment process ensures consistency
with the County's adopted Comprehensive Plan. Goal 2 is met.
Goal 3, Agricultural Lands
FINDING: The text amendment is not proposing any changes to land use designations.
While portions of US 97 do cross Exclusive Farm Use (EFU) zone between Bend and
Redmond, the raised median safety project is within existing right of way. If the j-turn does
1 April 23, 2020, PC packet
https://deschutescountvor igm2 com/Citizens/FileOpen.aspx?Tvpe=1&ID=2243&Inline=True
2 May 14, 2020, PC packet
https•//deschutescountvor igm2 com/Citizens/FileOpen.aspx?Tvpe=1&ID=2248&Inline=True
May 28, 2020, PC packet
https•//deschutescountvor igm2 com/Citizens/Fileopen.aspx?Tvpe=1&ID=2264&Inline=True
3 June 15, 2020 Board packet
https•//deschutescountvor igm2 com/Citizens/FileOpen aspx?Tvpe=1&ID=2275&Inline=True
June 24, 2020, Board packet
https•//deschutescountvor iom2 com/Citizens/FileOpen aspx?Tvpe=1&ID=2259&Inline=True
Ord. 2020-009 Exhibit E (247-20-000138-PA, US 97 raised median J-turns; Vandevert Rd)
Page 5 of 19
require additional right of way, a J-turn is simply a form of channelization. Channelization
is a transportation improvement allowed on rural lands without a Goal 3 exception (OAR
660-012-0065(3)). Goal 3 is met.
Goal4, Forest Lands
FINDING: The text amendment is not proposing any changes to land use designations.
The raised median does not cross any Forest (F-1 or F-2) zoned lands. The divided rural
highway is on F-1 zoned lands. However, these lands are on the Deschutes National Forest
(DNF) and thus are not governed by Oregon's land use system. Goal 4 is met.
Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces
FINDING: The text amendment is neither proposing any changes to land use designations
nor proposing any changes to previously designated Goal 5 resources. The two elements
(adding text citing J-turns as a way to reduce out -of -direction travel related to a raised
median between Bend and Redmond and removing the language to disconnect Vandevert
Road from U.S. 97) will not encroach on open spaces, scenic and historic areas, or natural
resources. The raised median project will occur in existing right of way and the divided
rural highway portion will occur on federal forest lands, which are not under the County's
jurisdiction. Goal 5 is met.
Goal 6, Air, Water and Land Resource Quality
FINDING: The purpose of the raised median and the divided rural highway is to reduce
crashes as well as meet the performance targets for ODOT. By reducing congestion, both
for through traffic and for traffic caught in stop -and -go due to a crash, the two projects will
reduce time vehicle engines would otherwise spend idling, which is when tailpipe emissions
are highest. The projects will also reduce delay on the side streets. The locations of the
two projects do not occur in any designated floodplain or floodway. The actual construction
will deal with any drainage. No development or land use changes are being proposed that
impact air, water, or land resource qualities. Other areas of the County's code that deal
with protecting air, water, and land remain in full force and effect. Goal 6 is been met.
Goal 7, Natural Hazards
FINDING: The two US 97 segment upgrades are road improvement projects along an
existing highway corridor. The County's Comprehensive Plan identifies the dominant
natural hazards as wildfire, winter storms, and flooding. The two safety projects will reduce
winter crashes. US 97 acts as both a firebreak and an evacuation route. The two projects
will have drainage in their construction plans. The highway will be maintained appropriately
Ord. 2020-009 Exhibit E (247-20-000138-PA, US 97 raised median J-turns; Vandevert Rd)
Page 6 of 19
throughout the year. Finally, ODOT routinely perform snowplowing, sanding, and other
winter maintenance activities to keep the highway functional. Goal 7 is met.
Goal 8, Recreational Needs
FINDING: The text amendment does not change the uses allowed in the adjoining zones,
some of which are recreational. The raised median and the divided highway will potentially
lessen traffic congestion and make travel much easier for those headed to nearby
recreation areas such as the Deschutes National Forest and/or the Deschutes River. Goal
8 is met.
Goal 9, Economic Development
FINDING: The text amendment still allows properties to develop as allowed under their
zoning. The text amendment to add the J-turns and removing the future disconnection of
Vandevert Road from US 97 will help to ensure US 97 remains a key statewide and West
Coast freight corridor. The raised median and the divided highway will ensure that the
movement of goods along US 97 will continue unimpeded. Goal 9 is met.
Goal 10, Housing
FINDING: This goal pertains to urban or urbanizable lands within an Urban Growth
Boundary (UGB). The proposed text amendment will not result in any changes or
elimination of residentially zoned lands in the County. By contrast, the affected areas lie
outside of any UGB. Rural areas, unlike municipalities, are not obligated to fulfill Goal 10
housing requirements. Goal 10 is met.
Goal 11, Public Facilities and Services
FINDING: This goal pertains more to water and sewer services. Nevertheless, the raised
median and the divided highway are favorable to emergency service providers since they
will reduce the risk of crashes and their severity, decrease congestion, and speed up
response times. Goal 11 is met.
Goal 12, Transportation
FINDING: ODOT has provided extensive documentation in its application, including
detailed traffic analysis of the number, type, and location of crashes. As detailed in the
"Updated US 97 Safety Assessment (2018)", median -related projects were phased
separately from other countermeasures. The raised median will transform the remaining
public and private accesses into right-in/right-out only (RIRO) connections. RIRO
Ord. 2020-009 Exhibit E (247-20-000138-PA, US 97 raised median J-turns; Vandevert Rd)
Page 7 of 19
intersections have a much lower crash rate due to the elimination of conflicts with crossing
traffic and left -turning traffic.45 If a raised median is carried forward for implementation,
ODOT has proposed to develop an outreach plan and document key access management
principles as defined in OAR 734-051-7010 and 734=051-1065. A summary of the
applicant's burden of proof is presented below for the two project areas.
Bend -Redmond raised median
Funding is reasonably likely in order to satisfy 660-012-0060(3)(d) given the plan
amendment is for US 97, the primary state highway in ODOT's Region 4. ODOT is the road
authority for this facility. Phase I (median extending south of Deschutes Junction for 1.86
miles) is programmed for construction in 2021. This phase includes a J-turn to
accommodate southbound traffic wishing to turn north. The J-turn would serve both traffic
already on US 97 and traffic entering from the west side of the highway south of the
Deschutes Junction interchange; that latter west side traffic could use the J-turn if the
ultimate destination was north of the interchange.
South Century Drive-USFS boundary
Funding is reasonably likely in order to satisfy 660-012-0060(3)(d) given the plan
amendment is for US 97, the primary state highway in ODOT's Region 4. ODOT is the road
authority for this facility. Phase I (divided highway from South Century Drive to just south
of Vandevert Road) is programmed for construction in 2021. This phase includes a J-turn
north of Vandevert/US 97. The J-turn would accommodate northbound traffic wishing to
turn westbound onto Vandevert Road.
For both projects, the text amendment does not change the functional classification of US
97, the implementing standards, any levels of access, or degrade the performance of an
existing or planned facility. The text amendment will not change the zoning of any abutting
properties so the trip -generation rates will remain the same post -project as pre -project for
both the raised median and the divided highway. Therefore the plan amendment does not
result in any significant effects as defined by 660-012-0060(1)(a-c). Goal 12, aka the TPR, is
met.
Goal 13, Energy Conservation
FINDING: This text amendment does not affect the County's regulation of solar setbacks,
siting of small-scale windmills, land use or density, etc. The purpose of the project is to
4 See "National Cooperative Research Program Report 745: Left -Turn Accommodations at Unsignalized Intersections"
S See "NCHRP Report 524: Safety of U-Turns at Unsignalized Median Openings"
Ord. 2020-009 Exhibit E (247-20-000138-PA, US 97 raised median J-turns; Vandevert Rd)
Page 8 of 19
reduce the number of crashes and their severity on US 97 in two discrete segments. By
reducing congestion and lowering delays on the side streets, the roundabouts will reduce
time vehicle engines would otherwise spend idling, which is when tailpipe emissions are
highest. The text amendment will make the two projects consistent with the TSP. Goal 13
is met.
Goal 14, Urbanization
FINDING: No land use plan designations, zoning designations, or map changes will result
from this text amendment. Additionally, neither of the two segments is within an Urban
Growth Boundary (UGB). Goal 14 is met.
Goals 15-19
FINDING: These criteria do not apply as the County lacks these lands (Willamette
Greenway, estuaries, coasts, beaches, etc.).
Section 3, Oregon Revised Statutes
ORS 197.610 establishes rules for submission of post -acknowledgement plan amendments
and land use regulations to the Department of Land Conservation and Development
(DLCD). These include the text of the proposed changes, explanatory narrative, staff report,
required form, and timelines to get all materials to the agency prior to the first evidentiary
hearing.
FINDING: Staff has submitted the required materials and submitted them in compliance
with the 35-day prior notice timeline. Notice was sent electronically to DLCD on March 19,
2020, which was 56 days previous to the first evidentiary on May 14, 2020. This criterion has
been met.
Section 4, Oregon Administrative Rule 660-012
660-012-0060, aka the Transportation Planning Rule (TPR)
Plan and Land Use Regulation Amendments
(1) If an amendment to a functional plan, an acknowledged comprehensive plan,
or a land use regulation (including a zoning map) would significantly affect
an existing or planned transportation facility, then the local government
must put in place measures as provided in section (2) of this rule, unless an
amendment is allowed under section (3), (9) or (10) of this rule. A plan or land
Ord. 2020-009 Exhibit E (247-20-000138-PA, Us 97 raised median J-turns; Vandevert Rd)
Page 9 of 19
use regulation amendment significantly affects a transportation facility if it
would. -
(a) Change the functional classification of an existing or planned
transportation facility (exclusive of correction of map errors in an
adopted plan),
(b) Change standards implementing a functional classification system,
(c) Result in any of the effects listed in paragraphs (A) through (C) of this
subsection based projected conditions measured at the end of the
planning period identified in the adopted TSP. As part of evaluating.
projected conditions, the amount of traffic projected to be generated
within the area of the amendment may be reduced if the amendment
includes an enforceable, ongoing requirement that would
demonstrably limit traffic generation, including, but not limited to,
transportation demand management. This reduction may diminish or
completely eliminate the significant effect of the amendment.
(A) Types or levels of travel or access that are inconsistent with the
functional classification of an existing or planned
transportation facility.
(B) Degrade the performance of an existing or planned
transportation facility such that it would not meet the
performance standards identified in the TSP or comprehensive
plan,
(C) Degrade the performance of an existing or planned
transportation facility that is otherwise projected not to meet
the performance standards identified in the TSP or
comprehensive plan.
FINDING: For both projects, the text amendment does not change the functional
classification of US 97, the implementing standards, any levels of access, or degrade the
performance of an existing or planned facility. The text amendment will not change the
zoning of any abutting properties so the trip -generation rates will remain the same post -
plan amendment as pre -plan amendment for both the raised median and the divided
highway. Therefore the plan amendment does not result in any significant effects as
defined by 660-012-0060(1)(a-c).
Ord. 2020-009 Exhibit E (247-20-000138-PA, US 97 raised median J-turns; Vandevert Rd)
Page 10 of 19
(2) If a local government determines that there would be a significant effect,
then the local government must ensure that allowed land uses are consistent
with the identified function, capacity, and performance standards of the
facility measured at the end of the planning period identified in the adopted
TSP through one or a combination of the remedies listed in (a) through (e)
below, unless the amendment meets the balancing test in subsection (2)(e)
of this section or qualifies for partial mitigation in section (11) of this rule. A
local government using subsection (2)(e), section (3), section (10) or section
(11) to approve an amendment recognizes that additional motor vehicle
traffic congestion may result and that other facility providers would not be
expected to provide additional capacity for motor vehicles in response to this
congestion.
(c) Amending the TSP to modify the planned function, capacity or
performance standards of the transportation facility.
FINDING: As discussed in the Goal 12 findings, the plan amendment will not result in any
significant effect.
(3) Notwithstanding sections (1) and (2) of this rule, a local government may
approve an amendment that would significantly affect an existing
transportation facility without assuring that the allowed land uses are
consistent with the function, capacity and performance standards of the
facility where:
(a) In the absence of the amendment, planned transportation facilities,
improvements and services as set forth in section (4) of this rule would
not be adequate to achieve consistency with the identified function,
capacity or performance standard for that facility by the end of the
planning period identified in the adopted TSP;
(b) Development resulting from the amendment will, at a minimum,
mitigate the impacts of the amendment in a manner that avoids
further degradation to the performance of the facility by the time of
the development through one or a combination of transportation
improvements or measures;
(c) The amendment does not involve property located in an interchange
area as defined in paragraph (4)(d)(C), and
Ord. 2020-009 Exhibit E (247-20-000138-PA, US 97 raised median J-turns; Vandevert Rd)
Page 11 of 19
(d) For affected state highways, ODOT provides a written statement that
the proposed funding and timing for the identified mitigation
improvements or measures are, at a minimum, sufficient to avoid
further degradation to the performance of the affected state highway.
However, if a local government provides the appropriate ODOT
regional office with written notice of a proposed amendment in a
manner that provides ODOT reasonable opportunity to submit a
written statement into the record of the local government proceeding,
and ODOT does not provide a written statement, then the local
government may proceed with applying subsections (a) through (c) of
this section.
FINDING: Funding is reasonably likely in order to satisfy 660-012-0060(3)(d) given the plan
amendment is a raised median on US 97 between Bend and Redmond and a divided four -
lane rural highway between South Century Drive and the USFS boundary. Both projects are
programmed for their first phases of construction in 2021. The proposed amendment
language only applies to specified geographic areas (Deschutes junction area, Vandevert
Road). Both of those described areas are located within the first phases of the raised
median project and the divided rural highway project. ODOT is the road authority for this
highway and in its burden of proof state funding is reasonably likely for the projects.
The proposed text amendment complies with the TPR.
Section 5, Deschutes County Comprehensive Plan
Chapter 1, Comprehensive Planning
Section 1.3 Land Use Planning Policies
Goal 1 Maintain an open public land use process in which decisions are based on the
objective valuation of facts.
Policy 1.3.3 Involve the public when amending County Code
FINDING: The ODOT application materials detail the factual case behind the benefit of the
raised median to lower the number of crashes and their severity. A divided rural highway
has similar benefits. In both projects, ODOT will utilize j-turns to minimize out -of -direction
travel. The plan amendment required work sessions with the PC and the Board, which the
public could have attended, and public hearings where the public testified in writing or
orally to the PC and the Board via Zoom. The plan amendment is consistent with the
Comprehensive Plan.
Ord. 2020-009 Exhibit E (247-20-000138-PA, US 97 raised median )-turns; Vandevert Rd)
Page 12 of 19
Section 6, Deschutes County Transportation System Plan
Goal Achieve an efficient, safe, convenient, and economically viable
transportation and communication system. This system includes roads, rail
lines, public transit, air, pipeline, pedestrian and bicycle facilities. The
Deschutes County transportation system shall be designed to serve the
existing and projected needs of the unincorporated communities and rural
areas within the County. The system shall provide connections between
different modes of transportation to reduce reliance on any one mode.
Policy 1.2 The lead agency for review of transportation projects in Deschutes County
shall be:
a. Deschutes County for projects completely outside urban growth
boundaries (UGBs),
FINDING: ODOT applied (File 247-20-000138-PA) to Deschutes County for land use review
to amend the County's TSP to add a text reference allowing) -turns and removing language
about disconnecting Vandevert Road from US 97. The affected areas lie outside of any
Urban Growth Boundary (UGB). US 97 is a State facility. Policy 1.2a is met; Policies 1.2.b and
c are not applicable as the project does not involve a city and is completely outside of a
UGB. The proposed plan amendment is consistent with this policy.
Goal 2 The Deschutes County TSP shall be continually updated in a timely fashion in
order to ensure the transportation system serves the needs of County
residents, businesses, and visitors.
Policy 2.1 Deschutes County shall.
a. Identify local, regional, and state transportation needs,
b. Develop a transportation plan that shall address those needs,
c. Review and update the plan at least every five years,
d. Continue to coordinate transportation planning with local, regional and
state plans by reviewing any changes to Deschutes County local
Ord. 2020-009 Exhibit E (247-20-000138-PA, US 97 raised median J-turns; Vandevert Rd)
Page 13 of 19
transportation plans, regional transportation plans, the Oregon
Transportation Plan and ODOrs State Transportation Improvement
Program (STIP), and
e. Continue public and interagency involvement in the transportation
planning process.
FINDING: The text amendment was based on the current and future operational challenges
of US 97. A raised median and a divided rural highway address safety and operational
needs and J-turns minimize out -of -direction travel. The plan amendment and the two
future projects are consistent with this policy.
Policy 2.2 Transportation Projects
a. The County shall have a list of transportation projects, adopted by the
Board of County Commissioners in accordance with the policies set forth
below.
b. The initial Transportation Project List shall beset forth in Table 5.3.T1 of
the Transportation System Plan adopted as part of the Resource Element
of the Comprehensive Plan. The Board shall update the Transportation
Project List periodically by resolution adopted by the Board without need
of a formal amendment to the TSP.
c. New Transportation Projects shall be included on the County's
Transportation Project List. A transportation project proposed for
addition to the list shall be subject to an individual land use review only
if applicable administrative rules or land use regulations require such
review.
d. Transportation or development projects that require a plan text
amendment or a conditional use permit may be required to fulfill
conditions or implement mitigation measures before approval is granted.
Mitigation and conditions may include, but are not limited to:
• Improvement of surrounding roads,
• Limits on level of development,
• Revision of development placement,
• Addition or redesign of access,
• Addition of traffic management devices
medians, turn lanes or signage; and/or
such as traffic signals,
Ord. 2020-009 Exhibit E (247-20-000138-PA, US 97 raised median J-turns; Vandevert Rd)
Page 14 of 19
Improvements that reduce transportation impacts.
Deschutes County acknowledges that land use designations have a
significant impact on the overall transportation system and any alterations
shall be completed with consideration to traffic impacts on the County road
system and consistency with the Transportation Planning Rule (TPR).
FINDING: By amending the TSP text to include the reference to J-turns, the ODOT project
for a raised median between Bend and Redmond is consistent with the County's TSP. As
the Bend -Redmond raised median is an operational improvement rather than a
modernization project, the project is not listed in TSP Table 5.3.T1 (County Road and
Highway Projects). The disconnecting of Vandevert Road from US 97 was identified in Table
5.3.T1 (page 159) and will be removed. Making US 97 a divided four -lane highway between
South Century and Vandevert is consistent with Table 5.331 at listed project "US 97 South
Century -La Pine State Rec Road" to add travel lanes (Page 160); this project remains listed.
The project development process has covered each of the criteria mentioned above in 2.2d
and is consistent with this policy.
Goal The transportation plan and facilities of Deschutes County shall be
coordinated with the plans and facilities of incorporated cities within
Deschutes County, adjacent counties, and the State of Oregon.
Policy 3.2 Deschutes County shall coordinate local plans and land use decisions with
state transportation plans, including the Oregon Transportation Plan, the
Oregon Highway Plan and other modal plans. These plans provide ODOT
policies and performance standards for State Highways within Deschutes
County. These ODOT plans also provide the framework for access
management on state facilities to protect the capacity and function of the
highways.
FINDING: The Oregon Highway Plan (OHP) does not have to be amended to include these
projects.
Goal 4 Establish a transportation system, supportive of a geographically distributed
and diversified economic base, while also providing a safe, efficient network
for residential mobility and tourism.
Ord. 2020-009 Exhibit E (247-20-000138-PA, US 97 raised median J-turns; Vandevert Rd)
Page 15 of 19
Policy 4.4 Deschutes County shall consider roadway function, classification, and
capacity as criteria for plan map amendments and zone changes. This shall
assure that proposed land uses do not exceed the planned capacity of the
transportation system.
Policy 4.5 Roads in Deschutes County shall be located, designed and constructed to
meet their planned function and provide space for motor vehicle travel and
bike and pedestrian facilities where required.
FINDING: The project development process has covered each of the criteria mentioned
above in 4.4 and 4.5. The intersection upgrades meets the design and operational
standards of ODOT's Highway Design Manual, Oregon Highway Plan, and Table A of
Deschutes County's Road and Specification Standards under Deschutes County Code (DCC)
17.48.050. The proposal is consistent with these policies.
Goal 5 Maintain an access management system adequate to protect the quality and
function of the arterial and collector street system.
Policy 5.3 Wherever practical, access to state highways shall be provided via frontage
roads, alternative local roads or other means, rather than direct access to
the highway.
FINDING: The intersection upgrades meet the access management requirements of the
Oregon Highway Plan (OHP) and Oregon Administrative Rule Chapter 734 (Division 51).
Policy 5.4 A non -traversable median on state highways shall be installed by ODOT when
operational or safety issues warrant installation as set forth by Policy 3B.
Medians in the OHP. Directional breaks in the median may be allowed as
needed, provided traffic operations are still safe.
FINDING: The J-turns provide directional breaks in the Bend -Redmond raised median and
the South Century-USFS boundary divided highway. The text amendment is consistent with
this policy.
Goal? Update as needed DCC Chapter 17.48, Design and Construction
Specifications, to ensure all aspects of construction related to roads,
pedestrian walkways and bike facilities occurring outside designated urban
Ord. 2020-009 Exhibit E (247-20-000138-PA, US 97 raised median J-turns; Vandevert Rd)
Page 16 of 19
growth boundaries in Deschutes County are adequate to meet the needs of
the traveling public.
Policy 7.1 Any new or reconstructed rural roads shall be built to the standards set forth
in DCC Chapter 17.48, Table A. Bicycle and pedestrian facilities shall be built
to the standards set forth in DCC Chapter 17.48, Table B.
FINDING: The plan amendment added references to J-turns, which are a form of turn lane,
and to remove language about disconnecting Vandevert Road from U.S. 97. Both projects
are phased and are for US 97, a state highway. DCC 17.48, Table A (Minimum Road Design
Standards) lists widths for rights of way, pavement, travel lanes, and turn lanes on state
highways. ODOT, however, has its own standards and specifications for highways, including
accommodating bicyclists and pedestrians. DCC 17.48, Table B (Minimum Bikeway Design
Standards) does not have a category for state highways. Typically, there are no pedestrian
walkways on high-speed rural roads. The project development process has covered each
of the criteria mentioned above in 7.1. When construction occurs, US 97 and any bicycle
and/or pedestrian facilities will meet the ODOT standards and County minimums set forth
in DCC Chapter 17.48, Table A. The proposal is consistent with this policy.
Goal 10 Maintain the current arterial and collector system in the County and prevent
degradation of the capacity of the system.
Policy 10.2 Deschutes County shall continue to work with ODOT, the Cities of Bend, La
Pine, Redmond, and Sisters, and neighboring counties to coordinate solutions
to highway and non -highway road issues that cross over jurisdictional
boundaries.
FINDING: The project development process has had participation from both Deschutes
County Board of Commissioners and staff from Planning and the Road Department as well
as the USFS. The affected segments US 97 are completely within rural Deschutes County
and do not cross any jurisdictional boundaries. The proposal is consistent with this policy.
Goal 12 Develop a plan of designated truck routes on County arterials
Policy 12.1 Deschutes County shall designate that long -haul, through trucks, be limited
to operating on Principal Arterial and Rural Arterial roads as designated in
the County transportation network, except in emergency situations and
Ord. 2020-009 Exhibit E (247-20-000138-PA, US 97 raised median J-turns; Vandevert Rd)
Page 17 of 19
when no reasonable alternative arterial road is available for access to
commercial or industrial uses.
Policy 12.2 Deschutes County shall support economic development by encouraging ODOT
to prioritize modernization, preservation, and safety projects on highways
designated as Freight Routes over non -Freight Routes.
FINDING: US 97 is designated both a Freight Route and an Expressway. The proposal is
consistent with these policies.
Goal 15
Policy 15.2 Provide and maintain a safe, convenient and economical bicycle and
pedestrian system that is integrated with other transportation systems.
Policy 15.4 Coordinate on -road County bikeways with known existing and proposed
State and City bikeways.
Policy 15.5 County arterials and collectors may use shoulder bikeways or shared
roadways. These bikeways shall be upgraded to bike lanes when highway
reconstruction occurs and the traffic volumes warrant lanes.
Policy 15.6 Deschutes County shall facilitate safe and direct bicycle and pedestrian
crossings of arterial roads.
FINDING: The plan amendment is to add language to add J-turns to the TSP text. A J-turn
could also be utilized by a bicyclist wishing to cross the highway. Removing language from
the TSP which called for disconnecting Vandevert Road from US 97 would mean bicyclists
could continue to use Vandevert to enter or exit the highway. The project development
process has covered each of the criteria mentioned above in 15.2, 15.4,15.5 and 15.6. When
actual construction begins, ODOT's Highway Design Manual will be utilized to ensure
adequate facilities for bicyclists. The proposal is consistent with these policies.
Conclusion
The Deschutes County Transportation System Plan (TSP) identifies policies and
improvements that support the County's transportation system through the year 2030. The
TSP accomplishes this through specific goals and policies. The plan amendment includes
text to add J-turns as an option to precede construction of a raised median between Bend
Ord. 2020-009 Exhibit E (247-20-000138-PA, US 97 raised median J-turns; Vandevert Rd)
Page 18 of 19
and Redmond and to remove text that Vandevert Road will be disconnected from US 97.
The latter includes amending TSP Table 5.3.T1. The proposed language is consistent with
the applicable OARS, ORSs, the Comprehensive Plan, and the TSP. The plan amendment
has been processed in accordance with DCC 22.12, Legislative Changes.
The Board finds the plan amendment is consistent with the review criteria for Deschutes
County Title 22, Legislative Procedures, applicable Statewide Planning Goals, applicable
Oregon Revised Statutes, Oregon Administrative Rules, Deschutes County Comprehensive
Plan, and Deschutes County Transportation System Plan as cited above.
Ord. 2020-009 Exhibit E (247-20-000138-PA, US 97 raised median J-turns; Vandevert Rd)
Page 19 of 19
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Wednesday Meeting of August 5, 2020
DATE: July 30, 2020
FROM: William Groves, Community Development, 541-388-6518
TITLE OF AGENDA ITEM:
Discussion to Consider Ordinance: Rezone and Plan Amendment of Lower Bridge Mine
Site
RECOMMENDATION & ACTION REQUESTED:
Review materials and address any questions or concerns with staff at this work session.
BACKGROUND AND POLICY IMPLICATIONS:
On April 9, 2009, the Board of County Commissioners resolved to rezone the "410 Acre Area" of
the Lower Bridge Mine from Surface Mining to Rural Residential upon the fulfillment of the
conditions listed in Resolution 2009-035. Of the conditions, only #1 and #2 had not been
previously completed. The applicant has satisfied these remaining conditions and requests the
Board adopt an ordinance implementing the rezone in accordance with the Resolution.
FISCAL IMPLICATIONS: None
ATTENDANCE: Will Groves, Legal
STAFF MEMORANDUM
Date: July 30, 2020
COMMUNITY DEVELOPMEN'TIF
To: Board of County Commissioners
From: Will Groves, Senior Planner
Re: Ordinance 2020-013, Lower Bridge Mine Site An Ordinance Amending Deschutes County
Comprehensive Plan Text And Map Designation for Certain Properties from Surface Mine
(SM) and Agriculture (AG) To Rural Residential Exception Area (RREA); and Remove
Surface Mining Site 461 from the County's Goal 5 Inventory of Significant Mineral and
Aggregate Resource Sites; and Amend Title 18, the Deschutes County Zoning Map, Zoning
Map Designation from Surface Mining (SM) and Exclusive Farm Use (EFU) To Rural
Residential-10 (RR-10) Zone
The Board of County Commissioners (Board) will receive a staff presentation on August 5, 2020 in
advance of an August 12, 2020 consideration of signature of and first reading by title only on
Ordinance 2020-013. This ordinance implements the Board's Resolution of Intent to Rezone (2009-
035, "Resolution") the subject property to Rural Residential (RR-10). The subject property is the "410
Acre Area", shown unshaded within the dashed boundary in the figure below and lying west of
Lower Bridge Way.
NORTH LINE
PARCEL 3 �`�� APPRO . BOUNDARY — 10' KUT OF
Mi'-80-96 \ Y HIGH V Wrf? LINE OCSCHU TES RlYER
N Y R
N CORER
SCC 1 6 OE "HUTFS RIVER
,
D1 RK.139, PG.207
�+.
,r1,{ H 9y 9'n
SFF SHEET �(
OGE
i •-- °410"ACR P
,N+, Xi,zt3,` 3
r 1,
APPROX—
R BRIDGE
I PARCEL 7 � BRIDGE
PARTITION PLAT 199147 !n ROAD
CS W49
PARCEL SOUTIi LINE
CSNWY SWYI00169 ifs:: IN SEC, 15
S Y CORNER�'�
SEC.,6
,T 16 IL 4�Y /i BRIDGE_ 1�'Aj' 7ROAD�
20 21 16 15
SOUTH UNe' SEC.fs�
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
Q (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd
I. Background
On April 9, 2009, the Board of County Commissioners resolved to rezone the "410 Acre Area" of the
Lower Bridge Mine from Surface Mining to Rural Residential upon the fulfillment of the conditions
listed in Resolution 2009-035. Conditions specified the Resolution would expire in five years unless
extended. Deschutes County Code ("DCC") 18.136.030(B) allows the extension of a Resolution,
subject only to Board approval.
Lower Bridge Road, LLC, received extensions of the Resolution under File No. E-14-6 to April 9, 2015;
under Order No. 2015-027 to October 26, 2017; under Order No. 2017-043 to October 26, 2019; and
under Order No. 2019-044 to October 26, 2020.
Condition #8 of the Resolution of Intent to Rezone requires the Board to rezone the property upon
Applicant's completion of the conditions of the Resolution. Of the conditions, only #1 and #2 had
not been previously completed. The applicant has satisfied these remaining conditions and
requests the Board adopt an ordinance implementing the rezone in accordance with the Resolution.
11. Resolution of Intent to Rezone Condition
The property owner has completed each of the following conditions that were required prior to
rezoning.
1. Within five (5) years of the date the decision in Exhibit C is final or prior to final plat
approval for any residential subdivision on the 410 acre area that is the subject of File
No. ZC-08-1/P A-08-1, whichever is earlier, the applicant shall obtain from the Oregon
Department of Environmental Quality ("DEQ") a "No Further Action "("NFA ")
determination or the equivalent for a residential use designation for this 410 acre area.
As described above, the 5-year period was properly extended to October 26, 2020. The applicant
has submitted the required determination.
Z Within (5) five years of the date the decision in Exhibit C is final or prior to final plat
approval for any residential subdivision on the 410 acre area that is the subject of File
No. ZC-08-11P A-08-1, whichever is earlier, the applicant shall obtain from the Oregon
Department of Human Services a determination of "no apparent public health hazard"
for a residential use designation for this 410 acre area.
As described above, the 5-year period was property extended to October 26, 2020. The applicant
has submitted the required determination.
111111. NEXT STEPS
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 2 of 3
The Board will receive a staff presentation on August 5, 2020 in advance of an August 12, 2020
consideration of signature of and first reading by title only on Ordinance 2020-013.
Staff will present the ordinance adoption packet to the Board on (or prior to) the August 5, 2020
work session. Staff has attached the applicant's draft ordinance packet to facilitate the August 5,
2020 work session on this matter.
DESCHUTES COUNTY PLANNING DIVISION
Will Groves, Senior Planner
Attachments: Reference Number
2020-07-17 - Draft Resolution of Intent to Rezone w_ Attachments
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 3 of 3
Schwabe
WILLIAMSON & WYATI-@
July 16, 2020
VIA E-MAIL (wll,I.,IAm—GROVES(II�CO.DESCIIIJTES.OR.DS)
Will Groves
Associate Planner
Deschutes Community Development
117 NW Lafayette Avenue
Bend OR 97701
RE: Resolution of Intent to Rezone; Lower Bridge Road
Our File No.: 11.6094-1,50752
Dear Will:
Tia M. Lewis
T:541-749-4048
C:541-788-7363
tlewis@schwabexom
Pursuant to the Board's Resolution No. 2009-035, enclosed herewith is a draft Ordinance and
associated Exhibits, including the legal description as Exhibit F, effecting the rezoning of the
property from Surface Mining (SM), Exclusive Farm Use — Lower Bridge Subzone (EFU-LB) to
Rural Residential 10 (RR-10) together with a legal description for the subject property known as
the Lower Bridge "West Area."
Also enclosed are the letters from the Oregon Department of Auman Services establishing
verification of "no apparent public health hazard" and the Department of Environmental Quality
establishing the No Further Action determination for a residential use designation for this
property. These letters are the final documents necessary to establish compliance with the
conditions in Resolution No. 2009-035.
Please present this Ordinance to the Board for adoption at your earliest convenience and please
let me know if you have a qu stions or concerns. Thank you.
Si a A
T' M. Lewis
TML:cbh
Cc: Adam Smith, Deschutes County Legal Counsel
PDX\28232833. Ldocx
Q�y PUBLIC HEALTH DIVISION
5, o Environmental Public Health Section
Z Kate Brown, Governor
Will Groves
Senior Planner
Deschutes County Community Development
PO Box 6005
117 NW Lafayette Ave.
Bend, OR 97708-6005
March 13, 2020
Dear Mr, Groves,
NEU
800 NE Oregon Street, Suite 640
Portland, OR, 97232
971-673-0438
The Oregon Public Health Division's Environmental Health Assessment Program (EHAP) has reviewed
the report titled "REMEDIAL INVESTIGATION AND INDEPENDENT CLEANUP PATHWAY
REPORT LOWER BRIDGE ROAD, LLC: ECSI #4950 AND FORMER DESCHUTES VALLEY
SANITATION/OREMITE MINE: ECSI 435 WEST OF LOWER BRIDGE WAY TERREBONNE,
OREGON" (dated February 18, 2020) related to the western parcel of the former diatomaceous earth
mine located at Lower Bridge Road in Terrebonne, Oregon.
In May 2008, the late Senator Ben Westlund petitioned EHAP to conduct a Health Consultation related
to this site. EHAP released a public comment version of the requested Health Consultation in October of
the same year and a final version on April 8, 2009. This report is available online at
In the 2009 Health Consultation, EHAP concluded there were physical hazards posed by dilapidated
structures and debris piles, and an indeterminate public health hazard from cristobalite and inhalation of
airborne dust from the site. The indeterminate public health hazard determination was the result of a lack
of environmental sampling data to adequately evaluate the cristobalite and airborne dust pathway of
potential human exposure. At the time, EHAP concluded that all other exposure pathways (soil and
groundwater) posed no apparent public health hazard. EHAP recommended removal of physically
dangerous structures and debris and additional environmental sampling to provide data enabling EHAP
to better evaluate health risks from cristobalite and airborne dust.
Following release of the report in 2009, the Deschutes County Planning Commission adopted EHAP's
recommendations from the report as a condition of their decision to rezone the site from industrial to
rural residential.
Since the release of the 2009 Health Consultation, structures and debris piles have been removed and
additional environmental sampling data have been collected and analyzed. On June 30, 2017, EHAP
sent Deschutes County a letter stating that, as of that date, there was no apparent public health hazard
associated with the eastern parcel of the site.
The 2020 report mentioned at the beginning of this letter summarizes all remedial investigation and
clean-up work done at the site to date, including additional removal of metals -contaminated soil and
other debris from the western parcel of the site. The report confirms that measured concentrations of
contaminants in soil, groundwater, and air are too low to harm the health of potential future residents
living on the western parcel of the site. Therefore, EHAP concludes that there is no apparent public
health hazard related to residential use of the western parcel of the former diatomaceous earth mine
located at Lower Bridge Road.
Respectfully,
Julie Early Sifuentes, M.S.
Program Manager, Assessment and Planning Unit
Environmental Public Health Section
Public Health Division
Oregon Health Authority
,,�)regon
m�. x;
\�i\t Kate Brown, Governor
July 2, 2020
Mr. Greg Daniels
Lower Bridge Road, LLC
1111 Main Street, Suite 700
Vancouver, WA 98660
Department of Environmental Quality
Eastern Region Bend Office
475 NE Bellevue Drive, Suite 110
Bend, OR 97701.
(541) 388-6146
FAX (541) 388-8283
TTY 711
RE: No Further Action Determination for Lower Bridge Road - West Parcels,
ECSI #4950
Dear Mr. Daniels:
The Oregon Department of Enviromnental Quality (DEQ) has completed a review of the information
submitted to DEQ on your behalf regarding tax lots TT, 141200000-1501, -1502, and -1600, located on
the west side of Lower Bridge Way.
DEQ has determined that no further action is required. This determination is based on the DEQ
regulations and the facts as we now understand them including, but not limited to the following:
The Site is a 401-acre, former diatomaceous earth (DF) and aggregate surface mine located five miles
west of Terrebonne in Deschutes County, Oregon.
DE mining and processing operations reportedly tools place from as early as 1911 through the mid-
1960s. Aggregate mining activities at the Site reportedly ended in approximately 2004. In addition to
mining operations, waste storage lagoons were built in 1975 and reportedly received intermittent
shipments of hazardous waste materials until 1983.
DEQ oversaw investigation and cleanup activities at the waste lagoons in the 1980s. More recent
investigation and cleanup work. conducted between 2007 and 2020 included removal of debris and
contaminated soil, and testing of soil, groundwater and surface water. These tests indicate that residual
contaminant concentrations do not exceed acceptable risk levels.
In addition, extensive soil testing on the site in 2016 indicated that crystalline silica concentrations and
total oxide composition of surface soil are comparable to that found in nearby undisturbed soil.
Groundwater monitoring included testing at two onsite monitoring wells and two offsite wells.
Additional onsite monitoring wells were not required because 1) contaminant concentrations in soil and
groundwater are below acceptable risk levels, 2) the shallow aquifer is 75 to 100 feet below ground
Page 2 of 2
surface (bgs), and 3) the deeper aquifer (which will be tapped by future residential supply wells) is 225
to 250 feet bgs.
We recommend that these supply wells be tested to confirm that the quality of groundwater in these
wells is consistent with what was found during this investigation.
The portion of the site covered by this No Further Action determination is shown on the attached
figure. Based on the available information, environmental conditions are currently protective of public
health and the environment. The site requires no additional action under Oregon Administrative Rules
(OAR) 340-122-0010 through 340-122-0140 unless new or previously undisclosed information
becomes available, or there are changes in site development or land and water uses, or more
contamination is discovered. DEQ has updated the Environmental Cleanup Site Information (SCSI)
database to reflect this decision.
A copy of key documents including the staff report supporting this No Further Action decision can be
viewed at littp://www.oreL mrigov/deg/Hazards-and-Cleanup/env-cleanup/Pages/eesi.aspx. Select
"Search Complete ECSI database" and enter site number 4950.
In addition to this No Further Action determination, DEQ issued a No Further Action determination on
August 11, 2017 that pertains to 113 acres on the east side of Lower Bridge Road and 29 acres on the
west side. That letter and supporting documentation are also available in the ECSI database under ECSI
# 4950,
DEQ recommends keeping a copy of all of the documentation associated with this investigation with
the permanent facility records. If you have any questions, please contact Bob Schwarz at 503-229-5128,
or by email at schwarz.bob(a),deg.state.or.us.
Sincerely,
—1�> A
David Anderson
Eastern Region Cleanup, Emergency Response, Hydrogeology Manager
Attachment (1)
Copies;
Scott Wallace, Wallace Group (by email)
Bob Schwarz, DEQ
ECSI # 4950 file
m
o
a
R z
0 Zi
Z
:3
0.
z
,
(D IL
z
(?
z
o CZ
w5
0, g 'i
1.0
-z'
DL
a n 2
w
LWL
<
o
m U
w
W q9
:Z,
-J w'W <
z p
w
z
o p j w
0
0
z
C13
00
L'i
w cc w Z C3
1 0:
F- I <
'm, x
z
LU
R
z
o Lm o g r)�
0
�
UA to (D
5 o a u n Q)
w 0
0
rn
W
S H H F1
El El -0 H F,1 E2
as
f --',9
w
<
CL L
co
W
z z
Z 0 9 CC 00
F= wo w 4 2w
20
P W 'o , A ui
ix UJ
> W m0 Z
z
3.- W M
w 3:w w
awoJ W
w
uj 0:
20
wLU
DRAFT June 30, 2020
REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County
Comprehensive Plan Text And Map Designation
for Certain Properties from Surface Mine (SM)
and Agriculture (AG) To Rural Residential
* ORDINANCE NO. 2020-
Exception Area (RREA) and Remove Surface
Mining Site 461 from the County's Goal 5
Inventory of Significant Mineral and Aggregate
Resource Sites; and Amend Title 18, the
Deschutes County Zoning Map, Zoning Map
Designation from Surface Mining (SM) and
Exclusive Farm Use (EFU) To Rural
Residential-10 (RR-10) Zone
WHEREAS, Lower Bridge Road, LLC proposed a quasi-judicial plan amendment to change
the comprehensive plan designation of certain property from Surface Mine (SM) and Agriculture (AG)
to Rural Residential Exception Area (RREA); and
WHEREAS, after notice was given in accordance with applicable law, public hearings were
held before the Deschutes County Hearings Officer and, on August 6, 2008 the Hearings Officer
recommended approval the Plan Amendment; and
WHEREAS, after notice was given in accordance with applicable law, public hearings were
held on Decembcr 3, 2008, December 17, 2008 and December 29, 2008 before the Board of County
Commissioners ("Board"), and
WHEREAS, the Board, after review conducted in accordance with applicable law, approved
the Comprehensive Plan amendment to change the comprehensive plan designation of certain property
from Surface Mine (SM) and Agriculture (AG) to Rural Residential Exception Area (RREA) and
Remove Surface Mining Site 461 from the County's Goal 5 Inventory of Significant Mineral and
Aggregate Resource Sites; and Amend Title 18, the Deschutes County Zoning Map, Zoning Map
PAGE 1 OF 4 - ORDINANCE NO.2020-00_
P DX\ 1 16094\ 150752\C\4 1-1\28256038-1
DRAFT June 30, 2020
Designation from Surface Mining (SM) and Exclusive Farm Use (EFU) To Rural Residential-10 (RR-
10) from Surface Mining to Rural Residential Zone, and
WHEREAS, the Board resolved to rezone the western portion of the Lower Bridge Mine from Surface
Mining to RR-10 in Resolution 2009-035 upon the fulfillment of ten conditions, and
WHEREAS, between 2014 and 2019, the Planning Division and the Board extended the expiration
date of the resolution four times, and
WHEREAS, in compliance and fulfillment with the applicable conditions of the resolution; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. AMENDMENT. DCC Title 23.01.010, Introduction, is amended to read as
described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language
underlined and deleted language set forth in strikethrough.
Section 2. AMENDMENT. DCC Title 23, The Deschutes County Comprehensive Plan, Section
5.8, Inventory, Mineral and Aggregate Resources Goal 5 Inventory, is amended as described in Exhibit
"B," attached and incorporated by reference herein with new language underlined and deleted language
set forth in stFi "_ tlIFOUg .
Section 3. AMENDMENT. DCC Title 23, The Deschutes County Comprehensive Plan Map, is
amended to change the plan designation for certain property described in Exhibit "C" and depicted on
the map set forth as Exhibit "D", with both exhibits attached and incorporated by reference herein,
from Surface Mine (SM) and Agriculture (AG) to Rural Residential Exception Area (RREA).
Section 4. AMENDMENT, Deschutes County Comprehensive Plan Section 5.12, Legislative
History, is amended to read as described in Exhibit "E" attached and incorporated by reference herein,
with new language underlined and deleted language set forth in stfi ethro ugh.
Section 5. AMENDMENT. DCC Title 18, Zoning Map, is amended to change the zone
designation for certain property described in Exhibit "F" from Surface Mining (SM) and Exclusive
Fann Use (EFU) To Rural Residential-10 (RR-10) Zone.
Section 6. FINDINGS. The Board adopts as its findings in support of this Ordinance, the
Decision of the Board as set forth in Exhibit "G", and incorporated by reference herein.
Dated this of , 2020 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PAGE 2 OF 4 - ORDINANCE NO.2020-00
PDX\1 1 G094`.150752\CW I 1 28256038.1
DRAFT June 30, 2020
PATTI ADAIR, Chair
ANTHONY DeBONE, Vice Chair
ATTEST:
Recording Secretary PHILIP G. HENDERSON, Commissioner
Date of 1" Reading: day of , 2020.
Date of 2" `' Reading: day of 12020.
PAGE 3 OF 4 - ORDINANCE NO.2020-00
PDX\1 1 G094\15075MWH\'825G038.1
DRAFT June 30, 2020
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Patti Adair
Anthony DeBone
Philip G. Henderson _
Effective date: day of 92020.
PAGE 4 OF 4 - ORDINANCE NO.2020-00
PDX\ 1 1 G094\ 150752\C W N\'-)8_' 56038.1
EXHIBITS
EXHIBIT A - Amend DCC Title 23.01.010, Introduction
EXHIBIT B - Delete SM 461 from comp plan goal 5 list
EXHIBIT C - Change designation on Comp Plan: Property Legal description
EXHIBIT D - Change designation on Comp Plan — Comp Plan Map — County
Prepares
EXHIBIT E - Change Legislative History in Comp Plan
EXHIBIT F - Amend Zoning Map — County Prepares, Legal Description attached
EXHIBIT G - BOCC Findings: 2009 ZC-08-1, PA-08-1 Decision
Chapter 23.01 COMPREHENSIVE PLAN
Chapter 23.01 COMPREHENSIVE PLAN
23.01.010. Introduction.
A. The Deschutes County Comprehensive Plan, adopted by the Board in Ordinance 201 1-003
and found on the Deschutes County Community Development Department website, is incorporated
by reference herein.
B. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2011-027, are incorporated by reference herein.
C. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-005, are incorporated by reference herein.
D. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-012, are incorporated by reference herein.
E. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-016, are incorporated by reference herein.
F. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-002, are incorporated by reference herein.
G. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-009, are incorporated by reference herein.
H. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-012, are incorporated by reference herein.
I. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-007, are incorporated by reference herein.
J. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-005, are incorporated by reference herein.
K. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-006, are incorporated by reference herein.
L. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-012, are incorporated by reference herein.
M. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-021, are incorporated by reference herein.
N. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-027, are incorporated by reference herein.
O. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-021, are incorporated by reference herein.
P. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-029, are incorporated by reference herein.
Q. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-01 8, are incorporated by reference herein.
R. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-010, are incorporated by reference herein.
S. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-001, are incorporated by reference herein.
T. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-022, are incorporated by reference herein.
U. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-005, are incorporated by reference herein.
Chapter 23.01 (5/2020)
EXHIBIT A
V. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-027, are incorporated by reference herein.
W. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-029, are incorporated by reference herein.
X. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2017-007, are incorporated by reference herein.
Y. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-002, are incorporated by reference herein.
Z. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-006, are incorporated by reference herein.
AA. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-011, are incorporated by reference herein.
BB. [repealed by Ord. 2019-010 §1, 2019]
CC. The Deschutes County Comprehensive Plan amendments, adopted by the Board in
Ordinance 2018-008, are incorporated by reference herein.
DD. The Deschutes County Comprehensive Plan amendments, adopted by the Board in
Ordinance 2019-002, are incorporated by reference herein.
EE. The Deschutes County Comprehensive Plan amendments, adopted by the Board in
Ordinance 2019-001, are incorporated by reference herein.
FF. The Deschutes County Comprehensive Plan amendments, adopted by the Board in
Ordinance 2019-003, are incorporated by reference herein.
GG. The Deschutes County Comprehensive Plan amendments, adopted by the Board in
Ordinance 2019-004, are incorporated by reference herein,
HH. The Deschutes County Comprehensive Plan amendments, adopted by the Board in
Ordinance 2019-011, are incorporated by reference herein.
II. The Deschutes County Comprehensive Plan amendments, adopted by the Board in
Ordinance 2019-006, are incorporated by reference herein.
JJ. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-019, are incorporated by reference herein.
KK. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-016, are incorporated by reference herein.
LL. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-001, are incorporated by reference herein.
MM. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-002, are incorporated by reference herein.
NN. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-003, are incorporated by reference herein.
00. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-00 , are incorporated by reference herein.
(Ord. 2020-003 §1, 2020; Ord. 2020-002 §l, 2020; Ord. 2020-001 §26, 2020; Ord. 2019-019, §2,
2019; Ord. 2019-006 § 1, 2019; Ord, 2019-01 1 § 1, 2019; Ord. 2019-010 § 1, 2019; Ord. 2019-004 § 1,
2019; Ord. 2019-003 § 1, 2019; Ord. 2019-001 § 1, 2019; Ord. 2019-002 § 1, 2019; Ord. 2018-008 § 1,
2018; Ord. 2018-005 §2, repealed; Ord. 2018-011 §l, 2018; Ord. 2018-011 §1, 2018; Ord. 2018-006
§ 1, 2018; Ord. 2018-002 § 1, 2018; Ord. 2017-007 § 1, 2017; Ord. 2016-029 § 1, 2016; Ord. 2016-027
§ 1, 2016, Ord. 2016-005 § 1, 2016, Ord. 2016-022 § 1, 2016, Ord. 2016-001 § 1, 2016, Ord. 2015-010
§1, 2015; Ord. 2015-018 § 1, 2015; Ord. 2015-029 § 1, 2015; Ord. 2015-021 § 1, 2015; Ord. 2014-
027 § 1, 2014; Ord. 2014-021 §1, 2014; Ord. 2014-12 §1, 2014; Ord. 2014-006 §2, 2014; Ord. 2014-
005 §2, 2014, Ord. 2013-012 §2, 2013; Ord. 2013-009 §2, 2013; Ord. 2013-007 §1, 2013; Ord. 2013-
002 § 1, 2013; Ord. 2013-001 § 1, 2013, Ord. 2012-016 § I , 2012; Ord. 2012 -0 13 § 1, 2012; Ord. 2012-
005 § 1, 2012; Ord. 2011-027 § 1 through 12, 2011; Ord. 2011-017 repealed; Ord.201 1-003 §3, 201 1)
Chapter23.01 (S/2020)
EXHIBIT A
NOTE: Repealed Ord. 2018-005 §2, 2018 was adopted as subsection Z., but should have been
subsection BB. Ord. 2019-001 §1, 2019, was adopted as subsection DD., but should have been
subsection FF. Ord. 2019-006 § 1, 2019 was adopted as HH., but should have been subsection 11.
Ord. 2019-019 §2, 2019 was adopted as subsection LL., but should have been JJ. Ord. 2019-016 §3,
2019 was adopted as subsection LL., but should have been K.K. Ord. 2020-001 §26, 2020 was
adopted as subsection KK., but should have been subsection LL. The corrections are incorporated
above.
Click here to be directed to the Comprehensive Plan (http://www.deschutes.org/collipplan)
Chapter 23.01 (5/2020)
- EXHIBIT A
,sect%ovi, 5.e c,oaL s lv+,vevwtorU
M'WweraL avol Ae)oreoate T;�-,.esoRroes
Background
This section contains information from the 1979 Deschutes County Comprehensive Plan as
revised. It lists the surface mining resources in Deschutes County. These inventories have been
acknowledged by the Department of Land Conservation and Development as complying with
Goal 5. No changes have been proposed for the 2010 Comprehensive Plan update.
Table 5.8.1 — Deschutes County Surface Mining Mineral and Aggregate Inventory
#
Taxlot
Name
Type
Quantity*
Quality
Access/Location
151010-00-
246
00205, 207,
Tewalt
S & G
10,000
Good
Hwy 20
300, 302, 303
248
151012-00-
Cyrus
Cinders
30.2 M
Excellent
Cloverdale Road
00100
151211-DO-
251
01400, 151214-
Cherry
S & G
125,000
Good
AO-00800
252
151200-00-
Thornburgh
Rock
2.5 M
Good
04700, 04701
271
151036-00-
Deschutes
S & G
2 M
Mixed
Harrington Loop
00800
County
Road
Fryrear
273
151117-00-
Deschutes
S & G
75,000
Excellent
Rd/Redmond-
00100
County
Sisters
274
151 1 17-00-
Deschutes
S & G
Excellent
Fryrear Road
00700
County
275
I S 1 100-00-
Deschutes
S & G
175,000
Good
Fryrear Landfill
02400
County
277
15101 1-00-
Oregon State
S & G
100,000
ODOT
01100
Hwy
Specs
151 140-AO-
State of
ODOT
278
00901, 15121 1-
Oregon
S & G
18,000
Specs
DO-01200
282
171000-00-
Crown Pacific
Cinders
100,000
Fair
00100
283
0-
Crown Pacific
Cinders
50,000
Fair
00100
288
171 1 1 1-00-
Tumalo
S& G
250,000
Good
00700
Irrigation
292
171 1 12-00
RL Coats
S & G
326,000
ODOT
Specs
00900
17112-00-
293
00500, 600,
RL Coats
S & G
3 M
ODOT
700,800
1
1 Specs
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 29
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.8 SURFACE MINING INVENTORIES EXHIBIT B
#
Taxiot
Name
Type
Quantity*
Quality
Access/Location
296
171 100-00-
Crown Pacific
Cinders
100,000
Excellent
Shevlin
Park/Johnson Rd
02702
297
171 123-00-
Crown Pacific
Cinders
60,000
Johnson
Rd/Tumalo
00100
303
171207-00-
Cascade
Pumice
750,000
Good
00300
Pumice
303
171207-00-
Cascade
S & G
10,000
Good
00300
Pumice
313
171433-00-
Deschutes
S & G
100,000
Good
00600
County
313
171433-00-
Deschutes
Storage
Dodds
00600, 120
County
Road/Alfalfa
314
171332-00-
Deschutes
Dirt
150,000
Good
01100
County
315
140900-00-
Stott
Rock
93,454 tons
ODOT
Highway 20
02100
Specs
316
140900-00-
Black Butte
S & G
7 M
Good
00202
Ranch
317
140900-00-
Willamette
Cinders
1.2 M
Good
01300
Ind
Lower
322
141200-00-
Fred Gunzner
S & G
1.5 M
Mixed
Bridge/Terrebonn
01801
e
Lower
322
141200-00-
Gunzner
Diatomite
500,000
Good
Bridge/Terrebonn
01801
e
Lower
324
141200-00-
ODVA
S & G
490,000
Good
Bridge/Terrebonn
00702
e
326
141236-00-
US Bank
S & G
1.5 M
Good
00300, 301
Trust
330
141328-00-
Larry Davis
Cinders
50,000
Good
00702, 703
331
141329-00-
EA Moore
Cinders
100,000
Good
00100, 103
332
141329-00-
RL Coats
Cinders
2 M
Good
Northwest
Way/Terrebonne
00102
333
14 0-
Robinson
Cinders
2.7 M
Good
0104 0104
335
141333-00-
Erwin
Cinders
100,000
Excellent
Pershall
Way/Redmond
00890
336
141333-00-
US Bank
Cinders
4.5 M
Good
Cinder
00400, 500
Trust
Butte/Redmond
339
141132-00-
Deschutes
Dirt
200,000
Fill
Goodard
01500
County
Loop/Bend
341
161000-00-
Young &
S & G
I M
Good
00106
Morgan
30 DESCHUTES COUNTY COMPREHENSIVE PLAN —2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.8 SURFACE MININr,.-IJ;jIVEfyT,GlRIF.S
#
Taxiot
Name
Type
Quantity*
Quality
Access/Location
342
220900-00-
Crown Pacific
Cinders
200,000
Good
00203
345
I61000-00-
Crown Pacific
Cinders
50,000
Good
01000
346
161000-00-
Crown Pacific
Cinders
50,000
Good
01000
347
161 101-00-
Deschutes
Dirt
10,000
Good
00300
County
I61 1 12-00-
Innes Mkt/Innes
351
01401, 1700,
Gisler/Russell
Cinders
150,000
Good
Butte
2000
161 136-DO-
357
00100, 161100-
Tumalo
Cinders
I M
Johnson
00-10400,
Irrigation
Road/Tumalo
10300
161136-DO-
357
00100, 161 100-
Tumalo
S & G
500,000
Good
00-10400,
Irrigation
10300
161136-DO-
357
00100, 161100-
Tumalo
Pumice
500,000
Good
00-10400,
Irrigation
10300
358
161231-DO-
Gisler
S & G
100,000
ODOT
Hwy 20/Tumalo
01100
Specs
361
161222-CO-
Oregon State
Cinders
700,000
Good
02800
Hwy
366
161230-00-
Oregon State
S & G
40,000
ODOT
00000
Hwy
Specs
368
161220-00-
Bend
S & G
570,000
Excellent
Twin
00200
Aggregate
Bridges/Tumalo
Bend
370
161231-DO-
Aggregate
Storage
00400
Plant Site
379
181 100-00-
Oregon State
S & G
500000
,
ODOT
01600
Hwy
Specs
181125-CO-
381
12600, 181 126-
Pieratt Bros
Cinders
50,000
Good
00-01600
390
181214-00-
Deschutes
Dirt
2 M
Landfill
00500, 100
County
391
181221-00-
Central OR
Cinders
500,000
Good
00200
Pumice
392
181223-00-
Rose
Rock
10 M Est
Mixed
00300
392
181223-00-
Rose
Dirt
7.5 M
Good
00300
DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011 31
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.8 SURFACE MINING INVENTORIES EXHIBIT B
#
Taxiot
Name
Type
Quantity*
Quality
Access/Location
393
181225-00-
LT
Cinders
12.5 M
Good
Arnold Mkt Rd/SE
01400
Contractors
of Bend
394
181200-00-
Windlinx
Cinders
270,000
Coarse
Hwy 97/South of
04400,04411
Bend
395
181200-00-
Oregon State
Cinders
100,000
Good
04300
Hwy
400
181300-00-
Eric Coats
S & G
2.5 M
ODOT
04501,04502
Specs
404
191400-00-
Moon
S & G
1.3 M
Good
00200
404
191400-00-
Moon
Rock
800,000 - 2 M
Good
Hwy 20/East of
00200
Bend
405
191400-00-
Oregon State
Aggregate
50,000
ODOT
00600
Hwy
Specs
408
191600-00-
RL Coats
S & G
3 M
Good
01500
413
201500-00-
Deschutes
S & G
30000
,
Good/Ex
Hwy 20/East of
01400
County
cellent
Bend
414
201500-00-
Deschutes
S & G
30,000
Good/Ex
Hwy 20/East of
01500
County
cellent
Bend
415
201716-00-
Deschutes
S & G
30000
Good/Ex
Hwy 20/East of
00700
County
,
cellent
Bend
416
201716-00-
Deschutes
S & G
30000
,
Good/Ex
Hwy 20/East of
00200
County
cellent
Bend
417
201716-00-
Deschutes
S & G
30000
,
Good/Ex
Hwy 20/East of
00900
County
cellent
Bend
418
201716-00-
Deschutes
S & G
30,000
Good/Ex
Hwy 20/East of
01000
County
cellent
Bend
419
201716-00-
Deschutes
S & G
30,000
Good/Ex
Hwy 20/East of
01300
County
cellent
Bend
421
212000-00-
RL Coats
S & G
500,000
Excellent
Hwy 20/Tumalo
00900
423
21 1 106-CO-
Ray Rothbard
S & G
100,000
Good
00700
426
21 1 100-00-
La Pine Redi-
S & G
I M
Good
00702
Mix
427
21 1 100-00-
Bill Bagley
S & G
40,000
Good
00701
43 I
221 100-00-
Russell
Cinders/
12 M/ 1.2 M
Good
Finley Butte
00600
Rock
432
221 100-00-
State of
Cinders
160,000
Good
00500
Oregon
433
21 1300-00-
La Pine
Lump
10 M
Excellent
00101
Pumice
Pumice
441
150903-00-
Willamette
S& G
I I M
Good
00300
Ind
442
150909-00-
Willamette
S & G
6 M
Good
00400
Ind
32 DESCHUTES COUNTY COMPREHENSIVE PLAN —2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.8 SURFACE MININVRAlI ,ff It
#
Taxiot
Name
Type
Quantity*
Quality
Access/Location
443
150917-00-
Willamette
Rock
150,000
Fair
00600
Ind
453
161269, 16-66-
Robert
S & G
704,000
ODOT
00600, 301
Fullhart
Specs
459
141 131-00-
Deschutes
Cinders
50,000
Good
05200
County
461
141200 i � n i
4402-,
Islela
�r &-�s
211,000
Dees -net
meet
G DO T
g3ees
464-
lalelan
��
M
ESee�4
1-i 600
465
141333-00-
Oregon State
Cinders
100,000
Good
00900
Hwy
466
141333-00-
Fred Elliott
Cinders
5.5 M
Good
00600
467
141333-00-
Knorr Rock
Cinders
5 M
Good
00601
Co
469
141131-00-
Deschutes
Cinders
2 M
Fair
00100
County
475
151012-00-
Deschutes
Cinders
200,000
Good
Cloverdale Road
00600
County
482
151300-00-
Deschutes
Dirt
2 M
Good
Negus Landfill
00103
County
161230-00-
Bend
ODOT
488
00100, 600,
Aggregate
S & G
400,000
2000, 2100
496
191400-00-
Taylor
S & G
1.8 M
Mixed
Hwy 20
00500
498
191400-00-
Oregon State
S & G
200,000
ODOT
02200
Hwy
Specs
499
191533-00-
Oregon State
S & G
50,000
ODOT
00200
Hwy
Specs
500
191500-00-
Oregon State
S & G
130,000
ODOT
00099
Hwy
Specs
501
191500-00-
Oregon State
S & G
50,000
ODOT
01600
Hwy
Specs
503
19160040-
Oregon State
S & G
200,000
ODOT
01300
Hwy
Specs
505
201600-00-
Oregon State
S & G
275,000
ODOT
00400
Hwy
Specs
506
201600-00-
Oregon State
S & G
36,000
ODOT
00600, 700, 800
Hwy
Specs
508
201700-00-
State of
S & G
100,000
ODOT
01000
Oregon
Specs
515
201801-00-
Oregon State
S & G
100,000
ODOT
00100
Hwy
Specs
DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011 33
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.8 SURFACE MINING INVENTORIES EXHIBIT B
#
Taxlot
Name
Type
Quantity*
Quality
Access/Location
522
21 1900-00-
Oregon State
S & G
300,000
ODOT
01000
Hwy
Specs
524
212000-00-
Oregon State
S & G
300,000
ODOT
01900
Hwy
Specs
528
2221 10-00-
Oregon State
S & G
45,000
ODOT
00600
Hwy
Specs
529
221 100-00-
Oregon State
S & G
31,000
ODOT
00300
Hwy
Specs
533
222100-00-
Oregon State
S & G
I M
ODOT
00800
Hwy
Specs
141035-00-
02000, 2100,
Inc Portions of TL
541
2200, 2300,
Cyrus
Aggregate
528,000
Good
1800/ 1900
2400, 2500,
2600
542
151001-00-
Swarens
Aggregate
80,000
Good
02700
543
151013-00-
Cyrus
Aggregate
1.1 M
Good
00100
600
191400-00-
Robinson
S & G
3.8 M
Good
Hwy 20/East of
Bend
00700
601
21 1 100-00-
La Pine Redi
S & G
479,000
DEQ
Paulina Lake Road
00700
Mix
Specs
4` Quantity in cubic yards unless otherwise noted
Source: 1979 Deschutes County Comprehensive Plan as revised
34 DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.8 SURFACE MININVXY6 bff 1b
Table 5.8.2 — Deschutes County Non -Significant Mining Mineral and Aggregate
Inventory
Site #
Taxlot
Name
Type
Quantity*
Comments
Whychus
Creek
15-10-14-700
Irrigation
Silt, sand,
200,000 cy
Reservoir Size is
100
District—
& dirt
80 acres.
Watson
Reservoir 1.
Whychus
Creek
15-10-14-700
Irrigation
sand & dirt
600,000 cy
Reservoir size is
40
101
District
acres.
Watson
Reservoir II.
Whychus
Creek
14-1 1-33-500
Irrigation
Silt, sand,
100,000 cy
Reservoir size is
102
District—
& dirt
12 acres
McKenzie
Reservoir
Whychus
Creek
Irrigation
Sand &
250000 to
Reservoir
103
14-1 1-33-500
District
dirt
300:000 cy
expansion size is
McKenzie
20 acres
Reservoir
Expansion
" Quantity in cubic yards unless otherwise notea
Source: 1979 Deschutes County Comprehensive Plan as revised
DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011 35
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.8 SURFACE MINING INVENTORIES EXHIBIT B
EXHIBIT C
June 11, 2020
Parcel 1 of Partition Plat 1991-47, located in the West half of Section 16, Township 14 South, Range 12
East, Willamette Meridian, Deschutes County, Oregon, as per said Partition Plat filed as Survey CS O4248,
Deschutes County Surveyor Records;
Together with the following described land in the East half of Section 16, and in the Southeast Quarter of
Section 9, Township 14 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon, said land
also being a portion of Parcel 3, Minor Land Partition, MP-80-96, filed as Survey CS 00169, Deschutes
County Surveyor Records;
Beginning at the North Quarter corner of said Section 16 as shown on said Minor Land Partition MP-80-
96, said North Quarter corner also being on the North line of said Parcel 3 of said Minor Land Partition
M P-80-96;
Thence along said North line of said Parcel 3 the following three courses;
Thence North 39°46' East 375.00 feet;
Thence North 47°20' East 300.00 feet;
Thence South 73°20' East 631.85 feet;
Thence leaving said North line, and along the approximate westerly "rim" of the Deschutes River canyon
the following eight courses;
Thence South 20°56'42" West 366.00 feet;
Thence South 10°31'16" West 397.00 feet;
Thence South 17°31'44" West 218.00 feet;
Thence South 2°16'05" West 253.00 feet;
Thence South 18°11'14" East 249.00 feet;
Thence South 32°05'58" East 241.00 feet;
Thence South 43*12'39" East 260.00 feet;
Thence South 51°57'00" East 312.00 feet;
Thence leaving said "rim" South 8°34'08" West 735.00 feet;
Thence South 38°35'41" West 230.00 feet;
Thence South 4°48'14" East 163.00 feet;
Thence South 27°35'54" East 211.00 feet;
Thence South 49°17'51" East 130.00 feet;
Thence North 87033'23" East 149.00 feet;
Thence North 57°05'52" East 304.00 feet plus or minus to the centerline of Lower Bridge Road (Way) as it
is now located;
CONTINUED NEXT PAGE
EXHIBIT C
Thence Southerly and Westerly along said centerline of Lower Bridge Road (Way) as it is now located, to
the South line of said Section 16;
Thence Westerly along said South line, to the South Quarter corner of said Section 16, said corner also
being the Southeast corner of Parcel 1 of Partition Plat 1991-47;
Thence North 00°23'53" West 5333.11 feet along the East line of said Parcel 1 to the Point of Beginning.
Excepting therefrom:
That portion pf land deeded to Deschutes County in Deeds recorded June 19, 1978, Instrument No. 276-
272 and June 20, 1978, Instrument No. 276-330, Deschutes County Deed Records.
REGIE AL
PROFtSONOF1AL
LAND SURVEYOR
E
R
JUNE 1. to08
S. DAGOS71NO
2aas
RENEWAL DATE: 1 2-3- 21
EXHIBIT C
EXHIBIT D
PROPOSED PLAN AMENDMENT MAP
(Prepared by Deschutes County Planning)
EXHIBIT D
EXHIBIT E (Word Version)
sectiov�, ss2 �egislatl✓e K-5torrJ.
Background
This section contains the legislative history of this Comprehensive Plan.
Table S.I I.1 Comprehensive Plan Ordinance History
Ordinance
Date Adopted/
Chapter/Section
Amendment
Effective
All, except
Transportation, Tumalo
and Terrebonne
201 1-003
8-10-1 1/ 1 1-9-1 1
Community Plans,
Deschutes Junction,
Comprehensive Plan update
Destination Resorts and
ordinances adopted in
2011
2.5, 2.6, 3.4, 3.10, 3.5,
Housekeeping amendments to
201 1-027
10-31-1 1 / 1 1-9-1 1
4.6, 5.3, 5.8, 5.1 1,
23.40A, 23.4013,
ensure a smooth transition to
23.40.065, 23.01.010
the updated Plan
23.60, 23.64 (repealed),
Updated Transportation
2012-005
8-20-12/ 1 1-19-12
3.7 (revised), Appendix C
System Plan
(added)
2012-012
8-20-12/8-20-12
4. I, 4.2
La Pine Urban Growth
Boundary
2012-016
12-3-12/3-4-13
3.9
Housekeeping amendments to
Destination Resort Chapter
Central Oregon Regional
2013-002
1-7-13/ 1-7-13
4.2
Large -lot Employment Land
Need Analysis
Comprehensive Plan Map
Amendment, changing
designation of certain
2013-009
2-6-13/5-8-13
1.3
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan Map
Amendment, including certain
2013-012
5-8-13/8-6-13
23.01.010
property within City of Bend
Urban Growth Boundary
Newberry Country: A Plan
2013-007
5-29-13/8-27-13
3.10, 3.1 1
for Southern Deschutes
County
44 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12LEGISLATIVE HISTORY
EXHIBIT E (Word Version)
Comprehensive Plan Map
2013-016
10-21-13/ 10-21-13
23.01.010
Amendment, including certain
property within City of Sisters
Urban Growth Boundary
Comprehensive Plan Map
2014-005
2-26-14/2-26-14
23.01.010
Amendment, including certain
property within City of Bend
Urban Growth Boundary
2014-012
4-2-14/7-1-14
3.10, 3.1 1
Housekeeping amendments to
Title 23.
Comprehensive Plan Map
Amendment, changing
designation of certain
2014-021
8-27-14/ 1 1-25-14
23.01.010, 5.10
property from Sunriver Urban
Unincorporated Community
Forest to Sunriver Urban
Unincorporated Community
Utility
Comprehensive Plan Map
Amendment, changing
designation of certain
2014-021
8-27-14/ 1 1-25-14
23.01.010, 5.10
property from Sunriver Urban
Unincorporated Community
Forest to Sunriver Urban
Unincorporated Community
Utility
Comprehensive Plan Map
Amendment, changing
2014-027
12-15-14/3-31-15
23.01.010, 5.10
designation of certain
property from Agriculture to
Rural Industrial
Comprehensive Plan Map
Amendment, changing
2015-021
1 1-9-15/2-22-16
23.01.010
designation of certain
property from Agriculture to
Surface Mining.
Comprehensive Plan Map
Amendment, changing
2015-029
1 1-23-15/ 1 1-30-15
23.01.010
designation of certain
property from Tumalo
Residential 5-Acre Minimum
to Tumalo Industrial
2015-018
12-9-15/3-27-16
23.01.010, 2.2, 4.3
Housekeeping Amendments
to Title 23.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 45
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.11 GOAL 5 ADOPTED ORDINANCES
EXHIBIT E (Word Version)
Comprehensive Plan Text and
Map Amendment recognizing
2015-010
12-2-15/ 12-2-15
2.6
Greater Sage -Grouse Habitat
Inventories
Comprehensive Plan Map
Amendment, changing
2016-001
12-21-15/04-5-16
23.01.010; 5.10
designation of certain
property from, Agriculture to
Rural Industrial (exception
area)
Comprehensive Plan
Amendment to add an
exception to Statewide
2016-007
2-10-16/5-10-16
23.01.010; 5.10
Planning Goal I I to allow
sewers in unincorporated
lands in Southern Deschutes
County
Comprehensive Plan
Amendment recognizing non-
2016-005
1 1-28-16/2- 16-17
23.01.010, 2.2, 3.3
resource lands process
allowed under State law to
change EFU zoning
Comprehensive plan
2016-022
9-28-16/ 1 1-14-16
23.01.010, 1.3, 4.2
Amendment, including certain
property within City of Bend
Urban Growth Boundary
Comprehensive Plan Map
Amendment, changing
2016-029
12-14-16/ 12/28/ 16
23.01.010
designation of certain
property from, Agriculture to
Rural Industrial
Comprehensive Plan Map
Amendment, changing
2017-007
10-30-17/ 10-30-17
23.01.010
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan
2018-002
1-3-18; 1-25-18
23.01, 2.6
Amendment permitting
churches in the Wildlife Area
Combining Zone
46 DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5. 12L.EGISLATIVE HISTORY
EXHIBIT E (Word Version)
Housekeeping Amendments
correcting tax lot numbers in
Non -Significant Mining Mineral
2018-006
7-23-18/7-23-18
23.01.010, 5.8, 5.9
and Aggregate Inventory;
modifying Goal 5 Inventory of
Cultural and Historic
Resources
Comprehensive Plan Map
Amendment, changing
2018-01 1
9-12-18/ 12-1 1-18
23.01.010
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan Map
Amendment, removing Flood
23.01.010, 2.5, Tumalo
Plain Comprehensive Plan
2018-005
9-19-18/ 10-10-18
Community Plan,
Designation; Comprehensive
Newberry Country Plan
Plan Amendment adding Flood
Plain Combining Zone
purpose statement.
Comprehensive Plan
Amendment allowing for the
2018-008
9-26-18/ 10-26-18
23.01.010, 3.4
potential of new properties to
be designated as Rural
Commercial or Rural
Industrial
Comprehensive Plan Map
Amendment changing
designation of certain
property from Surface Mining
2019-002
1-2-19/4-2-19
23.01.010, 5.8
to Rural Residential Exception
Area; Modifying Goal 5
Mineral and Aggregate
Inventory; Modifying Non -
Significant Mining Mineral and
Aggregate Inventory
Comprehensive Plan and Text
2019-001
1-16-19/4-16-19
1.3, 3.3, 4.2, 5.10, 23.01
Amendment to add a new
zone to Title 19: Westside
Transect Zone.
DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011 47
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION S. I I GOAL 5 ADOPTED ORDINANCES
EXHIBIT E (Word Version)
2019-003
02-12-19/03-12-19
23.01.010, 4.2
Comprehensive Plan Map
Amendment changing
designation of certain
property from Agriculture to
Redmond Urban Growth
Area for the Large Lot
Industrial Program
Comprehensive Plan Map
Amendment changing
designation of certain
property from Agriculture to
2019-004
02-12-19/03-12-19
23.01.010, 4.2
Redmond Urban Growth
Area for the expansion of the
Deschutes County
Fairgrounds and relocation of
Oregon Military Department
National Guard Armory.
Comprehensive Plan Map
Amendment changing
designation of certain property
2020 — 00
23.01.010, 5.8
from Surface Mining to Rural
—
Residential Exception Area;
Modifying Goal 5 Mineral and
Aggregate Inventory; Modifying
Non- Significant Mining Mineral
and Aggregate Inventory
48 DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12LEGISLATIVE
EXHIBIT E (Word Version)
HISTORY
EXHIBIT F
AMENDMENT TO ZONING MAP
(Prepared by Deschutes County Planning)
Legal Description Attached
EXHIBIT F
EXHIBIT #11
June 11, 2020
Parcel 1 of Partition Plat 1991-47, located in the West half of Section 16, Township 14 South, Range 12
East, Willamette Meridian, Deschutes County, Oregon, as per said Partition Plat filed as Survey CS O4248,
Deschutes County Surveyor Records;
Together with the following described land in the East half of Section 16, and in the Southeast Quarter of
Section 9, Township 14 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon, said land
also being a portion of Parcel 3, Minor Land Partition, MP-80-96, filed as Survey CS 00169, Deschutes
County Surveyor Records;
Beginning at the North Quarter corner of said Section 16 as shown on said Minor Land Partition MP-80-
96, said North Quarter corner also being on the North line of said Parcel 3 of said Minor Land Partition
M P-80-96;
Thence along said North line of said Parcel 3 the following three courses;
Thence North 39°46' East 375.00 feet;
Thence North 47°20' East 300.00 feet;
Thence South 73*20' East 631.85 feet;
Thence leaving said North line, and along the approximate westerly "rim" of the Deschutes River canyon
the following eight courses;
Thence South 20°56'42" West 366.00 feet;
Thence South 10°31'16"
West 397.00 feet;
Thence South 17°31'44"
West 218.00 feet;
Thence South 2*16'05" West 253.00 feet;
Thence South 18°11'14"
East 249.00 feet;
Thence South 32°05'58"
East 241.00 feet;
Thence South 43°12'39"
East 260.00 feet;
Thence South 51°57'00"
East 312.00 feet;
Thence leaving said "rim" South 8°34'08" West 735.00 feet;
Thence South 38°35'41" West 230.00 feet;
Thence South 4°48'14" East 163.00 feet;
Thence South 27`35'54" East 211.00 feet;
Thence South 49'1751" East 130.00 feet;
Thence North 87°33'23" East 149.00 feet;
Thence North 57°05'52" East 304.00 feet plus or minus to the centerline of Lower Bridge Road (Way) as it
is now located;
CONTINUED NEXT PAGE
Thence Southerly and Westerly along said centerline of Lower Bridge Road (Way) as it is now located, to
the South line of said Section 16;
Thence Westerly along said South line, to the South Quarter corner of said Section 16, said corner also
being the Southeast corner of Parcel 1 of Partition Plat 1991-47;
Thence North 00°23'53" West 5333.11 feet along the East line of said Parcel 1 to the Point of Beginning.
Excepting therefrom:
That portion pf land deeded to Deschutes County in Deeds recorded June 19, 1978, Instrument No. 276-
272 and June 20, 1978, Instrument No. 276-330, Deschutes County Deed Records.
REGISTERED
PROFESS ONAL
ND SURVEYOR
OREGON
JUNE 9, 1008
IKEI1H S. DAGOS'nNO
21155
RENEWAL. DATE: 12-31-21
REVIEW D
LEGA COUNSEL
COUNTY
N NCYUTES BLANKENSHIP,PFICIAL COUNTY CLERKOS
COMMISSIONERS' JOURNAL 03/07/2009 08:20,35 AM
1111111111111111111111111111111
2009-1100
DECISION OF THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
FILE NUMBERS: ZC-08-1, PA-08-1
LOCATION: The property is identified on the County Assessor's Tax Map as 14-12,
Tax Lots 1501, 1502, 1503, part of 1505, and 1600.
APPLICANT: The Daniels Group, LLC
1111 Main Street, Suite 700
Vancouver, WA 98660
OWNER: Norman L. Wiegand, et al.
895 SW 23rd St.
Redmond, OR 97756
ATTORNEY
/PLANNER: Tia M. Lewis
Mark Rust, AICP
Schwabe, Williamson & Wyatt, PC
549 SW Mill View Way, Suite 101
Bend, OR 97702
REQUEST: Comprehensive plan text and map amendment and zone change from
Surface Mining to Rural Residential to allow redevelopment of extensively
mined site.
STAFF CONTACT: Will Groves, Senior Planner
1. APPLICABLE STANDARDS AND CRITERIA:
A. Title 18 of the Deschutes County Code, the Deschutes County Zoning Ordinance
1. Chapter 18.52, Surface Mining
2. Chapter 18.60, Rural Residential zone
* Section 18.52.200, Termination of the Surface Mining Zoning and
Surrounding Surface Mining Impact Area Combining Zone
3. Chapter 18.136, Amendments
* Section 18.136.020, Rezoning Standards
4. Chapter 18.116.Supplementary Provisions
OC -2009"`-168
ZC-08-11PA-08-1 — BOCC Decision Page 1 of 38
Document No. 2009-168 EXHIBIT "G"
* Section 18.116,220, Conservation Easements on Property Adjacent to
Rivers and Streams Prohibitions.
S. Title 22 of the Deschutes County Code, the Development Procedures Ordinance
1. Chapter 22.20, Review of Land Use Action Applications
* Section 22.20,040, Final Action in Land Use Actions
C. Title 23 of the Deschutes County Code, the Deschutes County Comprehensive
Plan
1. Chapter 23.100, Surface Mining
D. Statewide Land Use Goals and Oregon Administrative Rules (OAR) Chapter 660
1. Division 12, Transportation Planning Rule (TPR)
* OAR 660-12-0060, Plan and Land Use Regulation Amendments
2. Division 15, Statewide Planning Goals and Guidelines
3. Division 23-0180, Mineral and Aggregate Resources
FINDINGS OF FACT:
A. Location: The property is identified on the County Assessor's tax map as 14-12, tax lots
1501, 1502, 1503, part of 1505, and 1600. Tax Lot 1501 has an assigned address of
70420 NW Lower Bridge Way, Terrebonne.
B. Zoning and Plan Designation: The site is generally designated "Surface Mining" on the
Comprehensive Plan Map, although the exact boundaries are unclear. The mine is
included in the county's Goal 5 inventory of significant mineral and aggregate resource
sites as Site 461.
Tax lot 1501: 249.1 acres zoned Surface Mining (SM), including 9.8
acres in Landscape Management Combining Zone (LM)
Tax Lot 1502: 188.1 acres zoned SM, including 82.3 acres zoned LM
Tax Lot 1503: 64.4 acres zoned SM, including 64.4 acres zoned LM
Tax Lot 1505: Only 42.1 acres of this 72.47 acre tax lot are subject to this
application. The most southerly portion of this lot adjacent
to Teater Road and zoned EFU is not subject to the
proposed zone change.
Tax Lot 1600: 10.6 acres total includes 9,6 acres of Exclusive Farm Use
1.0 acre zoned Flood Plain, 10.6 acres zoned LM, and
10.6 acres zoned SMIA
C. Site Description: The 556.9 acre site is a geologically unique tract straddling Lower
Bridge Way about 6 miles north of Terrebonne, as shown on the Site Map, submitted as
Exhibit 1 and on the aerial photograph, submitted as Exhibit 2. To an observer driving
ZC-08-1/PA-08-1 — BOCC Decision Page 2 of 38
Document No. 2009-168
Lower Bridge Way, the site is notable for the chalky white appearance of the exposed
diatomite layers.'
As illustrated on the submitted Site Map, the subject property includes Tax Lots 1501,
1502, 1603, 1505, 1600, but excludes the EFU-zoned portion of Tax Lot 1506 bordering
Teater Road. There are two areas of the property that are marked by their historical
uses and that are separated by the existing Lower Bridge Way. For ease of reference,
these areas are referred to as the area East of Lower Bridge Way and the area West of
Lower Bridge Way.
The subject property can be also divided into five geographic regions based on
topography and geology: eastern, northern, Deep Canyon, western, and central. The
land includes four general landscape types: quarry operations (old and recent),
hills/buttes (natural and formed), plains (unmined, mostly natural vegetation), and
canyons and drainages (natural vegetation, unmined).
The eastern region includes tax lot 1503 and 1505, is east of Lower Bridge Way, and
extends east along a steep slope, descending approximately 100 feet to the Deschutes
River. Except for the slope of the river canyon, the eastern region is generally level and
covered with overburden rock apparently removed from the former diatomite mining
operations. The Over is lined with wetlands depicted on the National Wetlands Inventory
Cline Falls map. This area had little mining activity and was primarily used for a staging
area.
The northern region includes tax lots 1501 and 1600, stretches west along the river from
Lower Bridge Way to Deep Canyon, then south along the southern rim of Deep Canyon.
The ground is relatively level, except for steep canyons that reach down to the
Deschutes and Deep Canyon. North of the diatomite mining area Is a relatively
undisturbed "plains" landscape with mature juniper. The subject property is separated
from the river in this area by Tax Lot 14-12 1509, owned by the Oregon Parks and
Recreation Department.
Deep Canyon is primarily located on tax lot 1501, and Is a small canyon with a spring
and a seasonal pond that drain to the Deschutes River. Two unimproved roads cross
the canyon. Across the northern bridge is the western region, a flat area formerly mined
for diatomite. The central region, includes tax lots 1601 and 1502, and is a quarry
landscape. This region comprises about half of the subject property. A thick diatomite
layer and stockpiles make up much of this area, which Is accessible only with an all -
terrain vehicle. This section of subject property is traversed by several unimproved
roads. The area was extensively mined for diatomite, and several derelict buildings,
including a former processing building, water tower, pump house, concrete foundations,
settling ponds and miscellaneous debris piles remain. The applicant has drilled a well in
' The site has been mined for several materials, including aggregate, sand and diatomaceous earth. Most
of the aggregate and sand on the site have been removed, and the area containing those materials have
been reclaimed. The diatomaceous earth is described as "a chalky rock, high in amorphous silica content
formed from the structures (or diatomite) of tiny fresh- or salt -water organisms called diatoms."
' The applicant argues that the vast majority of the site does not contain agricultural soils and therefore a
Goal 3 exception is not needed. The Board agrees.
ZC-08-1/PA-08-1 — BOCC Decision Page 3 of 38
Document No. 2009-168 EXHIBIT "G"
this area, and has installed a pivot sprinkler, which is being used to control dust and
provide water for irrigation to revegetate the area with native grasses and shrubs. The
applicant proposes to remove the remaining derelict structures.
This reach of the Deschutes River, which forms the east and northeast boundary of the
site, is designated as a Federal Wild and Scenic River and an Oregon Scenic River. A
steep bank limits pedestrian access to the river. However, the river is accessible from
Lower Bridge Way, and from the public park near the bridge.
D. Soils: Approximately 80% of the soils on the site are defined as Class VII and VIII.
Steve Wert, a consulting soil scientist, visited the site and conducted preliminary
research of the soils present on the site. His findings are summarized in a letter dated
October 4, 2006: "According to NRCS maps, the great majority of the property does not
even have a "soil type," but is classified as a 'land type" called "Unit 97" which is rock
and gravel pits. Unit 97 is rated Class VII and VIII, and NRCS will stand by that rating."
However, not all of the property is class Vil or VIII. The following table summarizes soils
data by tax lot.
/11
ZC-08-1/PA-08-1 — BOCC Decision Page 4 of 38
Document No. 2009-168
Approximate Acreage of Soil Type by Tax Lot
Tax Lot
MRCS Land /
Soil
Approximate
Zoning
Soil Type
Classes
acreage'
1501
97
7 & 8
159 acres
SM, SMIA, LM
81 F
7 & 8
24 acres
249.1 acres
138A
6, not prime
48 acres
(central
138E
6, not prime
1.1 acres
/western)
71A
6, prime if
12.2 acres
71B
irrigated
1.8 acres
31A
6, prime if
3.3 acres
irrigated
6, prime if
irrigated
1502
97
7 & 8
160 acres
SM, SMIA,
188.1
81 F
7 & 8
9 acres
LM, FP
Acres
138A
6, not prime
19 acres
central
1503
97
7 & 8
42 acres
SM, SMIA,
64.4
31 B
6, prime if
18 acres
LM, FP, EFU
acres
71A
irrigated
3.4 acres
(eastern)
6, prime if
irrigated
1505
97
7 & 8
39 acres
SM, SMIA,
41.2
81 F
7 & 8
2 acres
LM, FP
acres
eastern
1600
138A
6, not prime
8.2 acres
SMIA, FP,
10.6 acres
81 F
7 & 8
2.4 acres
EFU
northern
TOTAL
7 & 8
79 % = 438 acres
553.4
6, not prime
14% = 76 acres
acres
6, prime if
7% = 39 acres
irrigated
E. Surrounding Zoning and Land Uses: This section describes zoning and land uses
within a 2-mile radius of the center of the subject property. Surrounding zoning in the
area of the subject property includes Exclusive Farm Use —Lower Bridge (to the north,
west and south), Exclusive Farm Use-Terrebonne (to the east and further to the south),
Surface Mining (to the northeast), Rural Residential (to the east and southeast) and
Flood Plain associated with the Deschutes River. The Landscape Management
combining zone extends along the Deschutes River.
The subject property is predominantly surrounded by active agricultural lands, as shown
in the 2008 Google Earth aerial photo included in the record. The surface mining zoned
land to the northeast appears to be in agricultural production. Properties to the west and
southwest and east are sparsely developed with rural residences. Most of the dwellings
in the immediate area have been constructed within the last 25 years. Within a 3-mile
radius there are nearly 700 parcels with over 400 residences.
ZC-08-1JPA-08-1 — BOCC Decision Page 5 of 38
Document No. 2009-168 EXHIBIT "G"
F. Mining History: The subject property has a long, inconsistently documented' mining
history. Diatomite mining began on the property prior to the 1920s. Large scale
production began in 1936. The Great Lakes Carbon Company mined the property from
1944 to 1961. The mining history between 1966 and 1980 is unclear; however, it
appears the diatomite extraction occurred primarily on the western portion of the site.
The Oregon Department of Geology and Mineral Industries (DOGAMI) file for this site
begins in 1980. That file indicates that multiple companies have mined the site, mostly
for diatomite but also for aggregate. Although multiple mining permits were issued over
the years, various companies were cited for violating environmental laws, mining
permits, or operating without permits.
By 1980 Deschutes Valley Farms owned the site and leased it to Northwest Diatomite.
In January 1982, DOGAMI exempted Mid -Oregon Ready Mix from reclamation
requirements because the land was a mined prior to the effective date of the reclamation
rules. Mid -Oregon Crushing and Mid -Oregon Ready Mix were extracting aggregate by
1985. Various diatomite and gravel extraction activities occurred in the subsequent
years. By 1994, E.A. Moore was extracting, screening and crushing gravel on the
eastern portion of the site. Several DOGAMI inspections occurred over the years, which
found reclamation plans being implemented. By 2006, DOGAMI was ready to close the
file on the site. A Limited Exemption Closure Plan was submitted in late July, 2006. On
July 31st DOGAMI closed the file on the site.
Due to incomplete DOGAMI records and an apparent history of unpermitted mining, the
total quantity of aggregate and mineral removed from the site during over 80 years of
mining is unclear.
G. Zoning History: In 1985, 339 acres of the subject property was rezoned from Surface
Mining Reserve to Surface Mining. The applicants apparently anticipated that diatomite
mining would become economically viable again because a processing plant was being
constructed in Malheur County, which would enable the applicant to export it. The
Hearings Officer found that there was little local demand for diatomite, but that export of
the product after off -site processing partially justified the rezone.
In 1988, the Deschutes County Goal 5 Aggregate Inventory identified the site as an
aggregate resource (as opposed to a mineral resource, which includes diatomite) of
350,000 cubic yards. In the ESEE analysis for site 461, the Board identified the key
values that form the basis for the application of SM zoning to the mine site. These
include the importance of aggregate resources to development in Deschutes County, the
value to the County economy terms of materials and jobs, the presence of an estimated
350,000 cubic yards of aggregate on the site, and that the site is located near a major
roadway for highway maintenance and construction jobs.
Relevant Previous Land Use Decisions:
CU-74-156 — This record contains plan information for a solid and liquid waste disposal
site on the subject property. It appears that this application was approved, as solid and
liquid waste storage occurred on a portion of property located West of Lower Bridge
Way. A variety of wastes, including hazardous wastes were stored on the western
portion of the site and subsequently removed. This is discussed more fully later in the
findings.
ZC-08-1/PA-08-1 — BOCC Decision Page 6 of 38
Document No, 2009-168
Wcmmvl�
MP-80.96 — Divided modern tax lots 1503 and 1505, as Parcel 2, and 1506, as Parcel 3
from the remainder of the mining site.
ZG-85-3 - A zone change from surface mining reserve to surface mining on tax lots
1501, 1502, 1600, and 704. Condition 3 of this decision required a reclamation plan.
SP-85-23 — A site plan to allow surface mining, aggregate mining, and rock crushing on
tax lots 1501, 1502, 1600, and 704, This decision included reclamation specifications
attached as Exhibit C to the Hearings Officer Decision for SP-85-23, but materials are
missing from the record, including any map of the subject area and the updated
reclamation plan required by Condition 1. The applicant submitted testimony and
evidence demonstrating the area covered by the reclamation requirements for SP-85-23
encompasses an 18-acre area just north of Lower Bridge Way and west of the site
access road off Lower Bridge Way. Compliance with a County approved reclamation
plan is made a condition of this approval as discussed further herein.
ESEE Analysis #461 -- On October 24, 1989 the Board of County Commissioners
rezoned the remainder of the site (comprised of modern tax lots 1501, 1502, 1503, and
1507) to SM. This decision contains information about the quality and quantity of
aggregate and mineral resources on the property.
MP-90-74 — Divided historic tax lots 1501, 1507 and 1508 into two legal lots of 66 and
254 acres.
All of the above files are incorporated into this record by reference.
H. Proposal: The applicant requests approval of a plan amendment to change the
designation of the subject property from Surface Mine (SM) and Agriculture (AG) to
Rural Residential Exception Area (RREA) and to remove Surface Mining Site 461 from
the county's Goal 5 inventory of significant mineral and aggregate resource sites. The
applicant also requests approval of a zone change from SM and EFU-LB to RR-10 for
the subject property. The removal of the SM zoning on the subject property also would
remove the existing Surface Mining Impact Area Combining Zone (SMIA) zoning on
property located within one-half mile of the SM Zone.
The site map submitted as Applicant's Exhibit 1 depicts areas presently zoned Flood
Plain (FP) as part of this rezoning proposal. Discussions with the applicant have
clarified that this proposal is not intended to rezone FP zoned lands.
Public/Private Agency Comments: The Planning Division mailed notice to several
agencies and received written comments and oral testimony in response. The agency
responses are summarized in the staff report, in this Decision, or are included in the
record. To the extent the comments pertain to the applicable approval criteria, they are
addressed in the findings. Certain agency comments that relate to conditions of
approval are discussed below.
Oregon Department of Human Services, Environmental Health Assessment
Program (EHAP): In a document received October 23, 2008, EHAP made the following
recommendations regarding management and development of the site were made:
ZC-08-1/PA-08-1 — BOCC Decision Page 7 of 38
Document No. 2009-168 „�
Dilapidated buildings and piles of scrap wood and metal should be
removed. In the meantime, the public should stay off the property and
children and teens should be prevented from accessing the area.
Soil sampling and air monitoring should be conducted in order to analyze
them for cristobalite (crystalline silica) content and particulate matter size
(PM2.5).
Continue efforts to control dust, and Include dust suppression plans for
any future activities.
If future zoning of the site changes to residential, site owners should:
Consult with EHAP to develop a comprehensive site -sampling plan that
would address issues raised in the report.
In oral testimony provided at the December 17, 2008 hearing, David Farrar of EHAP
stated that the existing EHAP evaluation of environmental conditions at the site only
dealt with the present use of the property. Mr. Farrar recommended that the landowner
obtain a letter of "No Apparent Public Health Hazard" from EHAP for the site prior to
residential use. This would require additional environmental sampling. and cleanup of
any identified environmental concerns.
Oregon Department of Environmental Quality (DEQ): In correspondence dated
December 9, 2008, DEQ stated that the site has currently only been evaluated with
respect to environmental safety for its current use as a mine and an industrial property.
In prior correspondence, DEQ supported a rezone of the site from industrial to
residential use, which would require a re-evaluation of the site for residential use. The
re-evaluation of the site, applicable exposure routes, and pathways may result in some
scenarios requiring deed restrictions, active cleanup and/or monitoring. Following a
cleanup of any identified environmental concerns, DEQ could issue a "No Further Action
Letter" (NFA) or equivalent for residential use.
J. Public Notice and Comments: The Planning Division mailed individual written notice of
the applicant's proposal and the public hearing to the owners of record of all property
located within 750 feet of the subject property. In addition, notice of the public hearing
before the Hearings Officer was published in the Bend Bulletin, and the subject property
was posted with a notice of proposed land use action sign on February 2, 2008.
Numerous residents submitted written testimony and evidence, and provided oral
testimony at the public hearing. The residents identified concerns regarding dust
(including health concerns specific to diatomite dust), chemical contamination of the site,
radiological contamination of the site, site reclamation, traffic impacts, aesthetic impacts
of the existing mine and structures, water quality, water rights, and aesthetics of future
development. Public comments have also questioned if a new ESEE analysis or Goal 5
exception would be required. These comments are more fully addressed in the findings
below.
K. Lot of Record: The applicant submitted evidence regarding the status of the tax lots
incorporated into these applications. The evidence shows that the property is comprised
of legal lots of record created through deed or partition.
L. Procedural History: On August 6, 2008, the Hearings Officer issued a decision
denying the subject application. Section 22.28.030(C) requires: "[Z]one changes ...
concerning lands designated for forest ... use shall be heard de novo before the Board
ZC-08-1/PA-08-1 — BOCC Decision Page 8 of 38
Document No. 2009-168
of County Commissioners without the necessity of filing an appeal, regardless of the
determination of the Hearings Officer[.]" Pursuant to that section, the Board held a de
nova public hearing on the subject application on December 3, 2008. The hearing was
continued to December 17, 2008 and again to December 29, 2008.
The entire record of the proceeding to date was placed before the Board at the public
hearing, and the Board closed the record at the conclusion of the December 29, 2008
hearing. At this hearing, the Board deliberated and voted to approve the subject
application and to adopt the Hearings Officer's findings and conclusions, as revised and
supplemented herein.
Ill. CONCLUSIONS OF LAW:
PLAN AMENDMENTS
The applicant requests the following: (1) approval of a plan map amendment from Surface
Mining and Agriculture to Rural Residential Exception Area, and (2) removal of Surface Mining
Site 461 from the county's Goal 5 inventory of significant mineral and aggregate resource sites.
The county plan and development code do not set out a process for quasi-judicial amendments
to the plan map and text. Rather; the county relies on consistency with the Statewide Land Use
Goals and ORS 197.610 through 197.625 (post -acknowledgement plan amendment
procedures) to provide both the process and the substantive review criteria. Those criteria are
addressed in Section C.
While there are no substantive approval criteria in the plan, it is useful to review the plan
designation history of the subject property, and address the parties' arguments regarding plan
policies at the onset.
1. Plan Designation History. In the late 1980s the county undertook a lengthy process to
inventory its mineral and aggregate resources, to develop a plan to preserve and protect those
resources, and to amend the county's comprehensive plan and zoning ordinance to adopt the
inventory and measures to protect sites. These plans were adopted through several ordinances
and included listing Site 461 on the inventory of significant sites, adoption of a site -specific
ESEE (Economic, Social, Environmental and Energy) analysis for Site 461, and adoption of
ordinances designating the subject property for surface mining, on October 24, 1989.
2. Current Plan Designation. The subject property is currently designated SM and AG (Tax lot
14-12 1600 only).
3. Applicable Comprehensive Plan Provisions. The following plan policies are relevant to the
proposed plan amendment from Surface Mining and Agriculture to Rural Residential Exception
Area.
A. Title 23 of the Deschutes County Code, the Deschutes County Comprehensive
Plan
1. Chapter 23.24, Rural Development
Section 23.24,020, Goals.
ZC-08-1/PA-08-1 — BOCC Decision Page 9 of 38
Document No.2009-168 EXHIBIT "G"
A. To preserve and enhance the open spaces, rural character, scenic
values and natural resources of the County.
FINDINGS: The subject property is a former mine site which is exempt from most reclamation or
other regulatory requirements requiring any revegetation. As a result, it has little vegetation and
approximately 350 acres of the site consists of exposed diatomite which can create dust during
large wind events. The proposed plan amendments by themselves will not alter open spaces,
scenic values, or spoil rural character, but instead will create an opportunity to redevelop and
mitigate existing adverse conditions of the site following historical mining and industrial
operations. The present condition of the site adversely affects the scenic value of the area with
rusting structures and extensive unrevegetated mined areas. Any future development, not
included in this application, would be required to conform to development standards for Rural
Residential (RR-10) zoned lands, that are designed to preserve and enhance the open spaces,
rural character, and scenic values of the County. Moreover, future development of any
structures in the LM zone will be subject to individual site plan review to ensure the protection of
the scenic values associated with the Deschutes River.
Some neighbors commented that the proposal is inconsistent with this policy because a future
planned development proposal could cluster dwellings along the top of the riverbank. The
neighbors asserted that clustered residential development is inconsistent with the local
residential development pattern, and therefore a more appropriate zoning designation is EFU-
20. The Board agrees with the Hearings Officer on this issue and finds that the unrefuted
evidence shows that the site does not contain agricultural soils. The proposed RR-10 zoning
designation would maintain the residential density that occurs within the area, and if a planned
unit development is proposed, the layout of the lots can be arranged to minimize their visual
Impacts on neighboring property owners.
The removal of Site 461 frorn the County's surface mining inventory would preclude access to
diatomaceous earth and aggregate materials on the site. The applicant has argued that there is
insufficient remaining aggregate to economically extract, and there is little need for diatomite in
modern industrial manufacturing. Neighbors dispute this finding, arguing that there are viable
industrial uses for diatomite, and that the applicant's present desire to convert the land to
residential use does not alter the significance of the site for diatomite production. These issues
are discussed In greater depth below.
B. To guide the location and design of rural development so as to
minimize the public costs of facilities and services, to avoid
unnecessary expansion of service boundaries, and to preserve and
enhance the safety and viability of rural land uses.
FINDINGS: The applicant argues that the proposal is consistent with this goal because a future
developer, and not the public, will bear costs of extending facilities to the property, Opponents
disagree that the extension of public services is the only consideration under this goal, arguing
that it also requires a showing that the proposed rural residential uses "preserve and enhance
the safety and viability of rural land uses." Opponents argue that unless reclamation and
remediation measures are included in this approval, neither the neighbors nor the future
residents of the site can be assured that the site is safe for development or that development on
their properties will remain viable.
Public Facility/Service Availabilityand Capacity
ZC-08-1/PA-08-1 — BOCC Decision Page 10 of 38
Document No. 2009-168
This goal requires the county to thoughtfully consider development locations to minimize urban
sprawl and to ensure that public facilities and infrastructure are adequate to accommodate
anticipated development. This includes consideration of service availability and capacity. Low
density residential development allowed in the RR-10 zone does not require urban services
such as sewer and water, as those needs can be served by on -site systems. Service
boundaries will not be expanded. Public services, such as police and fire, already serve the
area, With respect to these facilities and services, the proposed redesignation will have little to
no effect.
The site borders on Lower Bridge Way, a publicly maintained county road. The applicants traffic
study concludes the intersection of Lower Bridge Way/U.S. 97 will not meet either the
performance standards of Deschutes County or ODOT with or without this development. There
is an ODOT project going to bid this Spring to reconfigure the Lower Bridge Way/Highway 97
intersections. This improvement will increase safety but not necessarily capacity at this
intersection. Based on the evidence submitted by the applicant, including the traffic studies and
the evidence of historical use as discussed further herein and incorporated by references, the
Board finds that the traffic likely to be generated by development uses allowed under the current
zoning is equal to or greater than the traffic likely to be generated under the proposed
residential zoning. Therefore, the proposal should have no significant impact on the
transportation facilities. See the discussion below for DCC 23.60,610. The Board further finds
that Code criteria in the subdivision and conditional use chapters will allow the imposition of
conditions requiring transportation facility improvements prior to or contemporaneous with
subdivision or cluster development approval. Both the subdivision and conditional use
processes require notice .and an opportunity for full public participation.
"To Preserve and Enhance the Safety and Viability of Rural Land Uses"
As noted above, opponents argue that before this site is rezoned for rural residential uses, the
applicant must demonstrate that it is safe for those residential uses, and that the safety of other
local uses, including residential and agricultural uses are preserved and/or enhanced. The
neighbors expressed concerns that hazardous wastes from mining activities since 1985 have
not been adequately addressed, and that the 1984-85 remediation and removal of hazardous
and radioactive wastes were inadequate. Further, the neighbors argue that the applicant has
not yet demonstrated that there is sufficient water to accommodate the proposed site
reclamation and provide domestic water for the, number of dwelling units that could be
developed on the property. In addition, the neighbors argue that there is no evidence that the
applicant will take steps to address water contamination from the remaining mining materials.
Finally, the neighbors insist that this site will not be safe for residential use or preserve the
viability of existing rural residential uses in the area until the diatomite is fully contained.
Given the environmental history of the site, the Board finds that the rezoning the property for
residential use, prior to establishing that the site is safe for residential use, will not preserve and
enhance the safety and viability of rural land uses. However, in previous County decisions, it
has been held that, absent a comprehensive plan amendment, comprehensive plan goals and
policies do not constitute mandatory approval criteria for quasi-judicial zone changes, but rather
are implemented through the zoning ordinance, and therefore if the proposed zone change is
consistent with the applicable provisions of the zoning ordinance, it also will be consistent with
the plan. While not required under this Comprehensive Plan Goal, findings and relevant
conditions of approval intended to establish that the site is safe for residential use prior to
development are set forth under DCC 18.136.020, as discussed below.
ZC-08-11PA-08-1 — BOCC Decision Page 11 of 38
Document No. 2009-168
rv�_ito�T ur+,i
The Board agrees with the Hearings Officer that the proposed map designation is consistent
with other rural residential zoning in the area. In addition, if the mineral and aggregate resources
are no longer needed/available, the site cannot be put to resource use. it includes few
agricultural and no forest soils, and there is no dispute that the former mine site is not suitable
for farm or forest activities. In addition, permitting rural residential development on the property
will certainly be more compatible with neighboring residential uses than mining. Particular
development concerns, including water quality and quantity, and dust suppression can be
addressed in conjunction with a particular development plan for the site.
Based on the above, the Board finds that the proposal, as conditioned under DCC 18,136.020.
is consistent with this goal.
C. To provide for the possible long-term expansion of urban areas
while protecting the distinction between urban (urbanizing) land and
rural lands.
FINDINGS: The unincorporated community of Terrebonne is located approximately seven
miles southeast of the site. The proposed zone change and plan amendment would not
preclude the possible long-term expansion of the community boundaries, although such
expansion to the subject property is not foreseeable at this time. Any future development, not
included in that application, would be required to conform to development standards for Rural
Residential (RR-10) zoned lands, that are designed to protect the distinction between urban
(urbanizing) land and rural lands.
Section, 23.24.030, Policies.
Residentiallrecreational development.
1. Because 91 percent of the new County population will live inside an urban
area, with only 3,039 new rural lots required, and In light of the 17,377
undeveloped rural tracts and lots as well as the energy, environmental and
public service costs, all future rural development will be stringently
reviewed for public need before approval. As a guideline for review if a
study of existing lots within three miles of the proposed development
indicates approximately 50 per cent or more of those lots have not had
structures constructed thereon, then the developer shall submit adequate
testimony justifying additional lots in that area. This will permit
development in areas where such is needed (other policies considering
energy, public facilities, safety and other development aspects shall also
be considered) while restricting future division in areas where many
undeveloped lots already exist.
FINDINGS: The Hearings Officer found that it was not entirely clear whether this policy pertains
to a proposal to rezone property from SM to RR-10, as a rezoning is not "development" per se,
and development of this site will require further review. The evidence in the record
demonstrates the proposal is consistent with this policy based on staff's analysis of existing lots
within three miles of the subject property. That analysis, set forth below, shows approximately
58 percent of those lots have been developed with structures:
Zone
Parcels
Parcels with at least
one structure
EFUTE
924��
33
ZC-08-1/PA-08-1 — BOCC Decision Page 12 of 38
Document No. 2009-168
EXHIBIT "G"
EFUSC
16
3
EFULB
113
54
MUA10
388
292
RR10
75
23
SM
9
0
Total
693
1405
58%
The Board finds the proposal is consistent with this policy, and therefore the applicant does not
need to submit additional justification.for the requested zone change.
2. Chapter 23.60, Transportation
a. Section 23.60.010, Transportation
* * * The purpose of DCC 23.60 Is to develop a transportation system
that meets the needs of Deschutes County residents while also
considering regional and state needs at the same time. This plan
addresses a balanced transportation system that includes
automobile, bicycle, rail, transit, air, pedestrian and pipelines. It
reflects existing land use plans, policies and regulations that affect
the transportation system.
FINDINGS: This goal is implemented through the provisions of DCC 17.16.115(l)(1) and (2),
and the TPR. As noted below, the proposal is consistent with both the county development
code and the TPR because the re -designation will not significantly affect a transportation facility.
3. Chapter 23.68, Public Facilities
a. Section 23.68.020, Policies
1. Public facilities and services shall be provided at levels and
in areas appropriate for such uses based upon the carrying
capacity of the land, air and water, as well as the important
distinction that must be made between urban and rural
services. In this way public services may guide development
while remaining in concert with the public's needs.
wwwww
3. Future development shall depend on the availability of
adequate local services In close proximity to the proposed
site. Higher densities may permit the construction of more
adequate services than might otherwise be true. Cluster and
planned development shall be encouraged.
9. New development shall not
existing or planned facilities,
should be made aware of
facilities in rural areas.
ZC-08-1/PA-08-1 — BQCC Decision
Document No. 2009-168
be located so as to overload
and developers or purchasers
potentially inadequate power
Page 13 of 38
FINDINGS: These policies address public facilities and services that may be needed to serve
residential uses on the site .3 With the exception of the local road system, future development is
unlikely to overload existing or planned public facilities. Concerns regarding transportation
facilities are discussed below. The existing rural residential development in the area indicates
that public facilities and services are available. Future development of the property can be
served by private wells and septic systems. Utility lines and facilities can be located so as not
divide any existing farm units.
4. Chapter 23.88, Agricultural Lands
Section 23.88.020, Goal.
To preserve and maintain agricultural land.
FINDINGS: As noted above, this proposal would result in the conversion of approximately 39
acres of "high value if irrigated" farmland to rural residential use.4 However, the subject property
does not have potential for long term irrigation. Impacts imposed on agricultural uses by
adjacent residential uses typically include vandalism, trespassing, disturbance to livestock, and
dust. However, development of the project is likely to result in better dust suppression, to the
benefit of nearby agricultural operations. Overall, the Board concludes that the proposal is
consistent with these policies because it absorbs some of the pressure to develop on
agricultural lands.
a. Section 23.88.030, Zoning Policies.
1. All lands meeting the definition of agricultural lands shall be
zoned Exclusive Farm use, unless an exception to State goal 3
is obtained so that the zoning may be Multiple Use Agriculture
or Rural Residential.
2. Lands not meeting the agricultural lands definition but having
potential for irrigation according to the Bureau of Reclamation
Special Report - Deschutes Project, Central Division, Oregon,
although presently without water, shall receive exclusive farm
use zoning.
FINDING: As explained at length below, the subject property, as a whole, is not "agricultural
land." The property does not have potential for long-term irrigation according to the Bureau of
Reclamation Special Report - Deschutes Project, Central Division, Oregon.
A. OAR 660, Division 33, Agricultural Land.
660-033-0020
(1)(a) "Agricultural Land" as defined in Goal 3 includes:
(A) Lands classified by the U.S. Natural Resources Conservation Service
(MRCS) as predominantly Class I -IV soils in Western Oregon and I -VI soils
in Eastern Oregon;
(B) Land in other soil classes that is suitable for farm use as defined in
ORS 215.203(2)(a), taking into consideration soil fertility; suitability for
ZC-08-1/PA-08-1 — BOCC Decision Page 14 of 38
Document No, 2009-168
grazing; climatic conditions; existing and future availability of water for
farm irrigation purposes; existing land use patterns; technological and
energy inputs required; and accepted farming practices; and
(C) Land that is necessary to permit farm practices to be undertaken on
adjacent or nearby agricultural lands.
(D) Land in capability classes other than I-IVIf-VI that is adjacent to or
intermingled with lands in capability classes I-IVII-VI within a farm unit,
shall be inventoried as agricultural lands even though this land may not be
cropped or grazed;
FINDINGS: The threshold inquiry for determining whether land is "agricultural" is whether the
soils are predominately class I -VI. Miles v. Bd. of Comm. of Clackamas County, 48 Or App 951,
955, 618 P2d 986 (1980); Flury v. Land Use Bd. of Appeals, 50 Or App 263, 267 (1981). The
evidence demonstrates that the subject property does not qualify as either high value
agricultural or forest land. Soil studies conducted by Wert & Associates confirm that
approximately 20% of soils are class VI; in fact only 5% of those are considered high value with
irrigation. Staff reaches a similar conclusion, estimating that approximately 21 % of soils are
class VI, and only 7% of those are considered high value with irrigation. The record
demonstrates the subject property is not irrigated and is not necessary to permit farm practices
on adjacent agricultural lands, and the soils are not intermingled with agricultural soils within a
farm unit. The Forage Report concludes that the property "is not suited for profitable, accepted
agricultural use." Because a vast majority of the property contains class VII & Vill soils, and the
poorer soils are not intermixed with higher class soils within an existing farm unit, it falls outside
of the default category of "agricultural lands" set out in Goal 3 and OAR Chapter 660, division
33.
The Hearings Officer noted that the site was originally designated for Surface Mining in the
county's comprehensive plan and zoned Surface Mining Reserve. The site was rezoned SM in
the 1985. The Board agrees with the Hearings Officer that the evidence in the record shows that
the only "resource" designation on this site is for mining, a Goal 5 use, and not farm or forest,
Goal 3 and 4 uses, respectively.
For these reasons, the Board agrees with the Hearings Officer and finds that subject property
does not constitute "agricultural land" as defined in Goal 3, is not subject to protection under
Goal 3, and therefore the proposed plan amendment and zone change do not require an
exception to Goal 3.
B. OAR 660 Division 6 Goal 4 Forest Land.
Goal 4 defines "forest land" as follows:
Forest lands are those lands acknowledged as forest lands as of the date
of adoption of this goal amendment. Where a plan is not acknowledged or
a plan amendment involving forest lands is proposed, forest land shall
include lands which are suitable for commercial forest uses including
adjacent or nearby lands which are necessary to permit forest operations
or practices and other forested lands that maintain soil, air, water and fish
and wildlife resources.
FINDINGS: The subject property is not and never has been zoned for forest use. The detailed
soil study prepared by Steve Wert included an analysis of the subject property's soils for
production of merchantable tree species, and shows the soil units identified on the subject
ZC-08-1/PA-08-1 — BOCC Decision Page 15 of 38
Document No. 2009-168
EXHIBIT "G"
property are not listed in the NRCS' Woodland Productivity soils table, and therefore are not
considered suitable for the production of wood crops by the NRCS. Finally, the record indicates
the predominant tree species on the property are juniper trees which historically have not had
commercial value and have not been harvested commercially either on the subject property or
on nearby lands. Accordingly, OAR Chapter 660, division 6 does not apply.
5. Chapter 23.96, Open Space, Areas of Special Concern, and Environmental
Quality
a. 23.96.020, Goals.
1. To conserve open spaces and areas of historic, natural or
scenic resources.
FINDINGS: The site abuts the Deschutes River, a designated federal Wild and Scenic River
and Oregon Scenic River. The river and property abutting it are subject to the Landscape
Management Combining Zone and that designation will not change with the proposed
designation to Rural Residential Exception Area. To the extent that rural residential
development may affect open spaces and areas of historic, natural or scenic resources, the
Board finds that the proposed designation will better preserve those resources than the existing
mining designation. For instance, much of the mined area on the site is exempt from
reclamation. Unless the site is put to some other use, the existing conditions will remain.
In addition, the density standards for the proposed RR-10 zoning will ensure that development
on the site will be low density and will preserve significant areas of open space on the property,
particularly If the site is developed with a PUD.
Therefore, the Board concludes that the proposal is consistent with this policy.
2. To maintain and improve the quality of the air, water and land
resources of Deschutes County.
FINDINGS: As noted above, the majority of the site, primarily west of Lower Bridge Way, has a
long history of industrial use, and some of those uses have resulted In significant environmental
impacts. Those impacts include dust from the diatomite, hazardous and radioactive waste
disposal and remediation, and violations of environmental quality regulations. Neighbors
expressed concerns regarding the impact of the proposal on water quantity and quality, arguing
that the water needed to reclaim the site will adversely affect the area's water supply. Those
issues are addressed as follows:
Diatomite dust. According to the applicant, the exposed diatomite on the western portion of the
property is from fresh -water diatoms. The applicant supplied testimony and evidence that shows
that fresh -water diatomite contains a smaller percentage of crystalline silica, the type of silica
that has been identified as a health hazard if inhaled in quantity. The applicant argues that this
type of diatomite poses no more risk than other dust in the area. The applicant also argues that
before this site is redeveloped for residential uses, the diatomite will be graded and seeded to
prevent dust from blowing from the site to neighboring properties. The neighbors expressed
ZC-08-11PA-08-1 — BOCC Decision Page 16 of 38
Document No. 2009-168
reservations about this assertion, arguing that the cost and feasibility of that type of reclamation
is unlikely to be recouped as part of development on this sites
The evidence shows that blowing dust has been an issue for many years, although recent
grading activities exacerbated the situation. The recent activities led the Department of
Environmental Quality (DEQ) to issue a notice of violation. In response to the notice, the
owners obtained a temporary water permit, purchased mitigation credits, installed a pivot and
began using an existing well to water a portion of the site to minimize dust. The applicant is also
proposing to implement best management practices to ensure that blowing dust during
development Is minimized. These measures are adequate to assure that local air quality is
maintained.
Water quality/quantity. According to the evidence In the record, seven wells have been drilled
on the site. These wells are proposed to be used for dust suppression, and may be converted to
domestic wells in the future. The applicant proposes to develop individual, shared or group
wells (serving up to three lots) as part of its residential development. The residents may use up
to 15,000 gallons per day for domestic and yard irrigation (up to one-half acre) and remain
exempt from water rights regulation. Similarly, wells developed to serve three or fewer
dwellings are exempt from water quality standards. Neighbors expressed concerns regarding
potential water contamination from past industrial uses, and also argue that the Introduction of
17 or more new wells (assuming 72 dwelling units, and at least one well per three dwelling units
minus the seven existing wells) could significantly affect their water quality and quantity.
The Board agrees with the Hearings Officer and finds that this goal does not directly address
the availability (or quantity) of domestic water supplies. Rather, it is intended to assure that
qualify of air, water and land resources is maintained and Improved. Here, the evidence
(including evidence from testing of nearby community water wells) shows that existing water
quality in the area is adequate, and that past activities on the site have not affected nearby well
water quality. With respect to water quality at the site, the Board finds that the question can be
better addressed at the time a development proposal is submitted for the site. At this point, the
evidence shows that the proposed plan amendment/zone change will not have any effect on
water quality.
Erosion/frill. One of the neighbors expressed concerns regarding slope stability at the site,
asserting that new grading may undermine the slope along the edges of the river bank. Other
neighbors expressed concerns that the fill used for residential foundations be adequate for the
purpose, noting that a school in Deschutes County is sinking, in part because the fill used by the
contractor was not stable enough to accommodate the building. The evidence shows that
diatomite mining occurred closer to the center of the site, and that the aggregate mining has
ceased. There is no evidence that past mining has undermined slope stability along the river
edge. The applicant has proposed to grade some of the taller diatomite mounds to reduce the
5 The opponents argue that the diatomite has been converted to crystalline silica during through an on -
site manufacturing process. They cited evidence showing that crystalline silica is hazardous to worker
health, and argued that until the diatomite at the site has been removed or covered with top soil, there is
no guarantee that existing or future residents' health will not be affected. They further argue that
diatomite doesn't grow much, and unless the applicant plans to import a significant amount of topsoil, it is
unlikely that the reseeding efforts will be successful. While the former evidence tends to support a finding
that processing of diatomite at the site needs to be regulated, the evidence of the health effects of
freshwater diatomite on neighboring property owners is not sufficient to undermine the applicant's
evidence that such effects are limited, and consistent with the effects of blowing dust in general.
ZC-08-11PA-08-1 — 80CC Decision Page 17 of 38
Document No. 2009-168
areas susceptible to blowing dust. As for future development, land division and development
standards impose setbacks from the edge of the bank. Deschutes County does not require
grading permits and does not presently regulate fill to determine if it is suitable for residential
use. As a condition of approval, if fill is brought onto the site, the applicant will be required
Identify the general location of the fill, and if the site is used for development, the applicant shall
either certify that the fill is suitable for development, or specifically declaim any knowledge of its
suitability. The Board concludes that these measures are adequate to assure that development
on the site will not adversely affect air, water or land quality.
Dumping/Environmental Issues. A portion of the site west of Lower Bridge Way was an
approved waste facility in the mid-1970s, and consequently, sludge, radioactive materials as
well as standard solid waste was brought to the site during that time. According to the applicant,
the dumping grounds were limited to the central portion of the site, near the former lagoons, and
included 55-gallon drums filled primarily with caustic sand. The site was subject to a DEQ-
mandated clean up, which was completed by January 1985. The evidence shows that all of the
materials located at the site prior to 1985 were removed to approved hazardous waste disposal
sites, including Arlington and the Hanford Reservation. According to Maul Foster and Alongi,
Inc., the applicant's environmental consultant, the standards used to evaluate the clean-up was
based on one of two standards "clean up to the maximum extent practical" or "clean up to
background conditions." Maul Foster and Alongi, Inc. representatives testified that these
standards are higher than the current risk -based standards, which permit less comprehensive
clean up where the site will be used for industrial purposes than is required for sites that will be
redeveloped for residential uses.6 With respect to spills or activities that have occurred since
that time, including disposal of mining solvents and industrial burning, the evidence shows that
the violations have been addressed by meeting industrial use standards. The Board has
included conditions, as discussed more fully herein, to ensure the property is clean enough to
meet residential use standards.
Based on these findings, the Board finds that residential development of the property will not
significantly impair air, water or land quality in the area.
a. Section 23.96.030, Policies
wwwwww
10. As part of subdivision or other development review, the
County shall consider the impact of the proposal on the air,
water, scenic and natural resources of the County. Specific
criteria for such review should be developed. Compatibility of
the development with those resources shall be required as
deemed appropriate at the time given the importance of those
6 The Hearings Officer found that a question remains as to whether the 1985 standards (based on 1985
technology) are equivalent to the clean-up standards that would be imposed if the site were subject to
current standards for residential re -development. Evidence placed in the record since that time
establishes that different regulatory standards exist for residential use. The Hearings Officer found that
this goal requires a demonstration that the site meets applicable DEQ clean-up standards, which in this
case, are the 1985 standards. The Hearings Officer then concluded that the applicant had met its burden
of demonstrating that those standards have been satisfied, therefore, the proposed plan amendment and
zone change are consistent with these standards. The Board agrees with and adopts these findings.
The Board further imposes conditions to require the applicant to submit a DEQ release for residential use.
7_C-08-1 /PA-08-1 — BOCC Decision Page 18 of 38
Document No. 2009-168
EXHIBIT "G"
resources to the County while considering the public need for
the proposed development.
FINDINGS: This plan policy is not applicable to the proposed plan amendment because the
applicant is not seeking subdivision approval or development review. If the plan amendment and
zone change are approved, then future development will need to satisfy this standard.
6. Chapter 23.108. Historic And Cultural
a. 23.108.020, Goals.
1. To preserve and protect historic and cultural resources of
Deschutes County.
a. 23.108.040, Goal 5 Inventory - Historic Resources.
21. Lynch and Roberts Store Advertisement: Ad advertising sign
painted on a soft volcanic ash surface. Only area example of
early advertising on natural material. Lynch and Roberts
established mercantile in Redmond in 1913. Roberts Field
near Redmond was named for J. R. Roberts. Site includes
the bluff. 14.12-00 TL 1501.
FINDINGS: The Lynch and Roberts Store Advertisement sign is painted on a large boulder
located on the subject property. As this zone change, in itself, does not authorize any
development of the property, no adverse impacts to historical resources on the subject property
are anticipated. The applicant has proposed several measures to protect this historic resource.
The applicant has proposed to not develop any area within a 100 yard radius of the historic sign
and has proposed to post markers to denote the historic significance of the sign and to prevent
trespass, prior to development of the site. The applicant has also proposed that any Covenants,
Conditions and Restrictions (CC&Rs) created as a part of a residential development of the
subject property will contain obligations to protect the area within a 100 yard radius of the
historic sign from development and trespass and to maintain the historic markers. The Board
finds that the proposed measures will be sufficient to meet the goal of protecting this historic
resource. These measures to protect the Lynch and Roberts Store Advertisement sign have
been included as conditions of approval.
B. Oregon Administrative Rules
1. OAR 660, Division 12, Transportation Planning Rule
(1) Where an amendment to a functional plan, an acknowledged
comprehensive plan, or a land use regulation would significantly affect an
existing or planned transportation facility, the local government shall put in
place measures as provided in section (2) of this rule to assure that
allowed land uses are consistent with the identified function, capacity, and
performance standards (e.g. level of service, volume to capacity ratio, etc.)
of the facility. A plan or land use regulation amendment significantly
affects a transportation facility if it would:
ZC-08-1/PA-08-1 — BOCC Decision Page 19 of 38
Document No. 2009-168
(a) Change the functional classification of an existing or planned
transportation facility (exclusive of correction of map errors in an
adopted plan);
(b) Change standards implementing a functional classification system;
or
(c) As measured at the and of the planning period identified in the
adopted transportation system plan:
(A) Allow land uses or levels of development that would result In
types or levels of travel or access that are inconsistent with
the functional classification of an existing or planned
transportation facility;
(B) Reduce the performance of an existing or planned
transportation facility below the minimum acceptable
performance standard identified in the TSP or comprehensive
plan; or
(C) Worsen the performance of an existing or planned
transportation facility that is otherwise projected to perform
below the minimum acceptable performance standard
identified in the TSP or comprehensive plan.
(2) Where a local government determines that there would be a significant
effect, compliance with section (1) shall be accomplished through one or a
combination of the following:
(a) Adopting measures that demonstrate allowed land uses are
consistent with the planned function, capacity, and performance
standards of the transportation facility.
(b) Amending the TSP or comprehensive plan to provide transportation
facilities, improvements or services adequate to support the
proposed land uses consistent with the requirements of this
division; such amendments shall include a funding plan or
mechanism consistent with section (4) or include an amendment to
the transportation finance plan so that the facility, improvement, or
service will be provided by the end of the planning period.
(c) Altering land use designations, densities, or design requirements to
reduce demand for automobile travel and meet travel needs through
other modes.
(d) Amending the TSP to modify the planned function, capacity or
performance standards of the transportation facility.
(e) Providing other measures as a condition of development or through
a development agreement or similar funding method, including
transportation system management measures, demand
management or minor transportation improvements. Local
governments shall as part of the amendment specify when
ZC-08-11PA-08-1 — BOCC Decision Page 20 of 38
Document No. 2009-168
measures or improvements provided pursuant to this subsection
will be provided.
(3) Notwithstanding sections (1) and (2) of this rule, a local government may
approve an amendment that would significantly affect an existing
transportation facility without assuring that the allowed land uses are
consistent with the function, capacity and performance standards of the
facility where:
(a) The facility is already performing below the minimum acceptable
performance standard identified in the TSP or comprehensive plan
on the date the amendment application is submitted;
b) In the absence of the amendment, planned transportation facilities,
improvements and services as set forth in section (4) of this rule
would not be adequate to achieve consistency with the identified
function, capacity or performance standard for that facility by the
end of the planning period identified in the adopted TSP;
(c) Development resulting from the amendment will, at a minimum,
mitigate the impacts of the amendment in a manner that avoids
further degradation to the performance of the facility by the time of
the development through one or a combination of transportation
Improvements or measures;
(d) The amendment does not involve property located in an interchange
area as defined in paragraph (4)(d)(C); and
(e) For affected state highways, ODOT provides a written statement that
the proposed funding and timing for the identified mitigation
improvements or measures are, at a minimum, sufficient to avoid
further degradation to the performance of the affected state
highway. However, If a local government provides the appropriate
ODOT regional office with written notice of a proposed amendment
in a manner that provides ODOT reasonable opportunity to submit a
written statement into the record of the local government
proceeding, and ODOT does not provide a written statement, then
the local government may proceed with applying subsections (a)
through (d) of this section.
FINDINGS:
The Transportation Planning Rule ("TPR") applies to these applications because they involve an
amendment to an acknowledged plan. The proposed plan amendment would change the
designation of the subject property from SM and EFU-LS to RREA, and the applicant has
requested approval of a zone change from SM and EFU to RR-10 for the subject property.
The TPR, OAR 660-012-0060, is triggered when uses allowed under a plan amendment/zone
change would "significantly affect' a transportation facility by generating more traffic than what
would be generated by those uses allowed under the current zoning. To properly compare the
trips, the trips generated by the most traffic intensive uses in the existing zone must be
compared to the trips generated by the most traffic intensive uses under the proposed zoning.
Mason v. City of Corvallis, 49 Or LUBA 199 (2005); Griffiths v. City of Corvallis, 50 Or LUBA 688
ZC-08-1/PA-08-1 — BOCC Decision
Document No. 2009-168
Page 21 of 38
(2005). Where the most traffic intensive uses allowed under the proposed zoning would
generate an equal or lesser amount of trips than those allowed under the existing zoning, the
proposed amendment would not significantly affect a transportation facility. Mason, 49 Or
LUBA at 222; Griffiths, 50 Or LUBA at 593. In other words, the initial question under the TPR is
whether the amendment causes a net increase in trips by comparing uses allowed under the
existing zoning to those allowed under the proposed zoning. If the answer to that questions is
no, as here, the amendment does not "significantly affect" a transportation facility. Griffiths, at
593.
The applicant's December 2007 traffic study finds the intersection of Lower Bridge Way/U.S. 97
will not meet either the performance standards of Deschutes County or ODOT with or without
this development. The County sets a standard of Level of Service (LOS) D for existing roads
while the applicable ODOT volume/capacity (V/C) ratio is 0.70 for the highway and 0.80 for the
side street based on functional classification and posted speed. An ODOT project planned for
Spring 2009 will reconfigure the Lower Bridge Way/97 and 11th Street/97 intersections. This
project will improve the operations and safety at these intersections, but it will not address the
capacity issue, as the project focuses more on storage issues on the side streets.
Staff, ODOT, and the applicant worked together to identify rural surface mining sites that are
comparable to the applicant's 550-acre roughly six miles west of Terrebonne. The resulting
comparable surface mines included one west of Sisters and two on the O'Neil Highway near the
Deschutes/Crook County line. In particular, the O'Neil Highway sites (Hooker Creek and Lone
Pine) were the closest equivalent sites to the applicant's in terms of both geography and relative
proximity to nearby urban markets. A review of the Dec. 19, 2007, April 22, 2008, and May 20,
2008, traffic analyses indicated these comparable sites were analyzed in one or more of the
applicant's traffic studies.
The traffic analysis of the three sample sites demonstrated surface mines generate p.m. peak
hour trips at a range of 0.041 to 0.16 trips per acre. Applying those trip generation values to the
land presently zoned SM could generate 23 to 88 trips in the p.m. peak. Applying the trip
generation rates for the O'Neil Highway surface mines, which again are the best comparable
sites, to the Terrebonne site results in 72 to 88 p.m. peak hour trips.
Under the proposed zoned change to RR-10, the applicant could construct 55 single-family
homes on the 550 acres. This would result in 55 p.m. peak trips on the system, according their
Dec. 19, 2007, traffic impact analysis. Therefore, as the existing SM zone can generate 72 to
88 p.m. peak hour trips whereas the RR-10 zone could generate 55 p.m. peak hour trips, the
proposed zone would generate fewer trips than the existing zoning.
To further substantiate the finding of equivalent or greater trips under the SM zoning, the
applicant submitted testimony and evidence documenting the historic levels of activity at the
site. Historically, it was used for a wide variety of uses allowed under the SM zone including
aggregate and diatomite mining and processing, an asphalt plant, a rock crushing operation, a
staging area for road construction, and a hazardous waste materials facility. See, Exhibits PH-1
and PH-2. In fact, previous operators at the site estimated there were as many as 22 trucks per
hour hauling sand and gravel during the period from 2004 to 2007 and as many as 150 trucks
per day during the period of 1978 through 1988 when the site was used as a batch plant and
crushing operation. Records also show the site employed over 100 workers in shifts of 35
employees each during the diatomite mining. See Exhibit PH-2.
ZC-08-1/PA-08-1 -- BOCC Decision Page 22 of 38
Document No. 2009-168
Furthermore, the current owners of the site hold the mineral rights to mine the adjacent surface
mining (SM site no. 322) property to the east (Exhibit PH-3). Thus, the evidence in the record
shows that the subject property could be used as staging and processing area for material
mined from the adjacent property and other sites in the area. The applicant also submitted the
deed records showing the owners of the subject property hold mineral rights to adjacent
properties.
Given the historic level of use at the site, the remaining diatomite resource, the proximity of the
site to a state highway with upcoming construction projects and Its central location between two
rapidly growing communities, the Board finds that the site would generate at least the same or
more trips under the surface mining zoning as it would under the proposed residential zoning.
This is especially true if the present owners are left with environmental clean up costs/
responsibilities and mining or mining related uses as the only economically viable uses of the
property. Therefore, the Board finds the proposal will not significantly affect a transportation
facility, and is, therefore, consistent with the TPR as defined by OAR 660-012-0060.
2. OAR 660, Division 15, Statewide Planning Goals and Guidelines
FINDINGS:
Goal 1, Citizen involvement. The proposed plan amendment satisfies this goal because the
Planning Division provided public notice of the applicant's proposal through individual mailed
notice to affected property owners, posting of the subject property with a notice of proposed
land use action sign, and published notice of the public hearing in the "Bend Bulletin"
newspaper. In addition, four public hearings were held, one before the Hearings Officer and
three before the Board. There was extensive public participation in this process, including oral
and written testimony and evidence.
Goal 2, Land Use Planning. The proposal has been reviewed in accordance with the county's
acknowledged planning review processes, and was the subject of four public hearings. Further,
no Goal 2 exceptions are required. The proposal is consistent with this goal.
Goal 3, Agricultural Lands. The property contains few agricultural soils and has not been
cultivated for crops or livestock. The site is not "agricultural" within the meaning of Goal 3.
Goal 4, Forest Lands. This goal is not applicable because the subject property is not zoned or
designated for forest use.
Goal 5, Open Spaces, Scenic and Historic Areas and Natural Resources. According to the
applicant, the site no longer contains aggregate in sufficient quantities to qualify as a "significant
site under Goal 5 and OAR Chapter 660, division 23. The evidence shows that the majority of
the aggregate resource is located on the southeastern portion of the site, south of Lower Bridge
Way. The site has been closed in accordance with DOGAMI regulations, and the evidence
shows that little of the resource remains. While the parties apparently agree that vast quantities
of diatomite remain, they dispute whether the materials will be needed for industrial or
construction uses in the near future, and whether other locations are available to supply long
term future needs. The Board agrees with the Hearings Officer and finds that because the
market for diatomite is a global market and the supply of the mineral is available on a global
scale, there is no evidence that there is a local market for diatomite that could be
accommodated by retaining this site in Surface Mining zoning. The Board further finds that
removal of this site from the County's Goal 5 inventory is justified because the unrefuted
ZC-08-11PA-08-1 — BOCC Decision Page 23 of 38
Document No. 2009-168
EXHIBIT "G"
evidence in the record shows that there is not a significant quantity of aggregate resource,
which is the resource for which the site was listed on the Goal 5 inventory.
In response to comments that the proposal will only be consistent with Goal 5 if the ESEE
analysis for Site 461 is amended to address the relative merits of allowing or not allowing mining
on the site based on current conditions, the Board finds that such a revised analysis is not
necessary if the purpose of the amendment is to remove a resource from the protection afforded
by the inventory designation. The applicant has requested that the site be removed from the
inventory, and there is little or no benefit to retain it. Therefore, further analysis is unnecessary.
Goal 6, Air, Water and Land Resources Quality. While a number of environmental quality
concerns have been identified, the Board finds that those concerns are addressed through
environmental quality and health administrative rules. The conditions imposed herein will
require the environmental agencies to ensure the property Is clean enough to meet applicable
regulations for residential use standards prior to development. Likewise, residential
development on the site will not be permitted unless the applicant demonstrates that adequate
area is available for on -site sewage disposal.
Opponents argue Goal 6 requires the site to be cleaned up before a residential zoning or use
can be approved. The Board disagrees. Goal 6 requires findings that waste and process
discharges from a proposed use will be able to comply with applicable state and federal
environmental quality standards. It is limited by its terms to wastes and discharges from future
development. The evidence in the record establishes the proposed use as a maximum of 74
single family residences served by individual wells and on -site septic systems. The applicant
submitted evidence showing there is a sufficient quantity and quality of water available to serve
the development without measurable impact to adjacent properties, the groundwater aquifer or
the Deschutes River. Any future residential development will have to receive approval from
Deschutes County Environmental Health for the establishment of septic systems to serve the
proposed residences. Any subdivision or land division would have to show the lot lines are
configured in a way to support an area for an on -site septic system. There is no evidence to
suggest that waste or other discharges from the proposed residential use would not meet any
applicable state or federal environmental quality standards.
Goal 7, Areas Subject to Natural Disasters and Hazards. The subject property contains
areas subject to flooding along the Deschutes River, as shown on FIRM panel 41017C0300E.
This proposal does not include any development in floodplain areas. Any future development in
these areas would be required to comply with the provisions of DCC 18.96, which has been
reviewed and approved by FEMA.
Goal 8, Recreational Needs. The proposed plan amendment and zone change do not reduce
or eliminate any opportunities for recreational facilities either on the subject property or in the
impact area, and to the extent the development of residential uses on the property will generate
a need for recreational opportunities, the Board finds that those needs can be served on -site or
by existing recreational areas/services.
Goal 9, Economy of the State. This goal is to provide adequate opportunities throughout the
state for a variety of economic activities. This goal is met because the subject property no
longer constitutes a significant mineral and aggregate resource, and therefore allowing it to be
re -designated and rezoned for rural residential development will not have adverse economic
impacts.
ZC-08-1/PA-08-1 — BOCC Decision Page 24 of 38
Document No. 2009-168
Goal 10, Housing. Goal 10 defines needed housing as being housing within urban growth
boundaries. This property is outside the urban growth boundary, and therefore Goal 10 is not
applicable.
Goal 11, Public Facilities and Services. This Goal requires planning for public services,
including public services in rural areas. Goal 11 has generally been held to prohibit the
extension of urban services (namely sewer and water) to rural lands outside urban growth
boundaries. The present application will not result in the extension of urban services because
the low -density development allowed in the RR-10 zone does not require urban services. Any
residential development will be of a density that can be served by on -site septic and individual
wells.
Goal 12, Transportation. This goal is to "provide and encourage a safe, convenient and
economic transportation system." It is implemented through OAR 660-012, commonly known as
the TPR. Based on the findings in response to the TPR, the Board finds the proposal is
consistent with Goal 12.
Goal 13, Energy Conservation. Goal 13 is to conserve energy. Planning Guideline 3 notes
that "[Ijand use planning should, to the maximum extent possible, seek to recycle and re -use
vacant land..." Surface mining activities have ceased on the site and it has been vacant for
some years. The applicant proposes re -use of the land consistent with this guideline, and thus
this proposal is consistent with Goal 13.
Goal 14, Urbanization. The applicant's proposal does not affect property within an urban
growth boundary and the proposed RR-10 zoning designation does not permit urban density
levels. Goal 14 therefore does not apply.
Goals 15 through 19. These goals, which address river, ocean, and estuarine resources, are
not applicable because the subject property is not located in or adjacent to any such areas or
resources.
ZONE CHANGE
FINDINGS: The applicant has requested approval of a zone change from EFU-LB and SM to
RR-10 for the subject property, and to remove the associated Surface Mining Impact Area
(SMIA) overlay from property located within a one-half mile radius of the site. However, because
the site is within a one-half mile radius of Site 322, the applicant requests that the SMIA be
applied to this property, to protect mining uses at that site.
C. Title 18 of the Deschutes County Code, the Deschutes County Zoning Ordinance
1. Chapter 18.52, Surface Mining Zone (SM)
a. Section 18.52.130, Site Reclamation Plan.
Prior to the start of mining activity, a site reclamation plan shall be
submitted and approved which demonstrates that the mineral and
aggregate extraction site can be reclaimed for a subsequent beneficial land
use consistent with the designation of such subsequent use in the surface
mining element of the Comprehensive Plan.
ZC-08-1/PA-08-1 — BOCC Decision Page 25 of 38
Document No. 2009-168
A. When a site reclamation plan is required by DOGAMI, the site
reclamation plan shall be approved by DOGAMI. To the
extent practicable, review of the site reclamation plan shall be
conducted jointly between DOGAMI and the County.
B. When a site reclamation plan is not required by DOGAMI, the
site reclamation plan shall be approved by the County in
conjunction with the site plan review described in DCC
18.52.070. The County shall review such site reclamation
plans for consistency with the site -specific ESEE analysis In
the surface mining element of the Comprehensive Plan and
the standards and conditions set forth in DCC 18.52.110 and
18.52.140. The County also shall follow the applicable
DOGAMI standards and criteria for a site reclamation plan.
FINDINGS: As previously discussed, much of the mining activity on the site took place prior to
any County or State regulation and is therefore exempt from reclamation requirements. The
evidence in the record shows that all reclamation required by DOGAMI was completed to
DOGAMI's satisfaction and DOGAMI has closed its file on the site. Specifically, the evidence
shows that the areas southeast of Lower Bridge Way were subject to a DOGAMI reclamation
plan and have been reclaimed in accordance with that plan. The mine site northwest of Lower
Bridge Way did not have a DOGAMI required reclamation plan. However, a County reclamation
plan for the removal of the aggregate resource was required under SP-85-23, and was attached
to that decision as Exhibit C. The evidence shows this area encompasses an 18-acre area on
the 410-acre site that is north of Lower Bridge Way and west of the site access road. The
applicant proposes to reclaim this area of the site to allow for residential development and to
submit a modified reclamation plan as described in the applicant's December 3, 2008 plan. The
Board finds that this criterion can be met through the imposition of a condition of approval
requiring the applicant to complete County approved reclamation of the 18-acre area covered by
SP-85-23 through a modified reclamation plan substantially consistent with the plan submitted
by the applicant dated December 3, 2008. The modification will be processed as a land use
application with notice and an opportunity for full public participation.
b. Section 18.52.200, Termination of the Surface Mining Zoning and
Surrounding Surface Mining Impact Area Combining Zone
A. When a surface mining site has been fully or partially mined,
and the operator demonstrates that a significant resource no
longer exists on the site, and that the site has been reclaimed
in accordance with the reclamation plan approved by
DOGAMI or the reclamation provisions of DCC 18, the
property shall be rezoned to the subsequent use zone
identified in the surface mining element of the
Comprehensive Plan.
FINDINGS: The County's inventory of significant mineral and aggregate sites describes SM Site
461 as follows:
Site No. f Legal Description ( Type I Quantity
ZC-08-1/PA-08-1 — BOCC Decision Page 26 of 38
Document No. 2009-168
EXHIBIT "G"
461 I 1 1502, 1-0 03, 1505, 1600 Dgatomitel 12, 00,000 Y3 I Good !
Subsection (A) requires the operator to demonstrate that: 1) the site has been fully or partially
mined; 2) a significant resource no longer exists on site; and 3) the site has been reclaimed in
accordance with DOGAMI, or DCC Section 18,52.130 standards. The applicant asserts that all
three conditions are satisfied here. The Board agrees.
As discussed in detail below Site 461 has been mined. The section below discusses significant
resource status. In the County's previous decision in Stott (PA-98-12/ZC-98-6), the Hearings
Officer held that the provisions of OAR 660 Division 23 regarding compliance with Goal 5 are
relevant to this question. OAR 660-023-0250 provides in pertinent part:
(1) [OAR 660, division 23] replaces OAR 660, division 16 * * *. Local
governments shall follow the procedures and requirements of this division
* * * in the adoption or amendment of all plan or land use regulations
pertaining to Goal 5 resources. The requirements of Goal 5 do not apply to
land use decisions made pursuant to acknowledged comprehensive plans
and land use regulations.
(2) The requirements of this division are applicable to [post -acknowledgment
plan amendments (PAPAS)) initiated on or after September 1, 1996. * * *
(3) Local governments are not required to apply Goal 5 in consideration of a
PAPA unless the PAPA affects a Goal 5 resource. For purposes of this
section, a PAPA would affect a Goal 5 resource only if:
(a) The PAPA creates or amends a resource list or a portion of an
acknowledged plan or land use regulation adopted In order to
protect a significant .Goal 5 resource or to address specific
requirements of Goal 51.1 * * *"
In Stott, the Hearings Officer concluded that a plan amendment and zone change to "de -list"
and rezone a surface mining site constitutes a "PAPA," and therefore the provisions of OAR
660-023-0180 concerning mineral and aggregate resources apply to such an application to the
extent they reasonably can be applied to a decision to remove a site from the county's adopted
inventory. The Board agrees with this conclusion. The Hearings Officer further found OAR 660-
023-180(3) identifies the pertinent standards for determining "significance." This paragraph
provides:
(3) An aggregate resource site shall be considered significant if adequate
information regarding the quantity, quality, and location of the resource
demonstrates that the site meets any one of the criteria in subsections (a)
through (c) of this section, except as provided in subsection (d) of this
section:
(a) A representative set of samples of aggregate material in the deposit
on the site meets applicable Oregon Department of Transportation
(ODOT) specifications for base rock for air degradation, abrasion,
and soundness, and the estimated amount of material is more than
W-08-11PA-08-1 — BOCC Decision
Document No. 2009-168
Page 27 of 38
IlitilKe l
2,000,000 tons in the Willamette Valley, or more than 500,000 tons
outside the Willamette Valley;
(b) The material meets local government standards establishing a lower
threshold for significance than subsection (a) of this section; or
(c) The aggregate site was on an inventory of significant aggregate
sites in an acknowledged plan on September 1, 1996.
FINDING:
Significant Resources: Mineral and aggregate are not the same resources. Mineral
resources refer generally to all inorganic materials that are extracted from the earth and put to
beneficial use. It includes precious metals, valuable minerals, diatomite, as well as rock and
sand. "Aggregate," on the other hand, refers to those Inorganic substances that are used in road
or other construction activities. OAR 660-023-0180 only addresses "aggregate" resources. The
county's Goal 5 program primarily addresses aggregate resources, although the definition of
"mineral" is broader than the definition of "aggregate" set out in OAR 660, division 23.
Aggregate resource is significant if it meets one of the three criteria set out in OAR 660-023-
0180(3). Here, the only potentially applicable standard is OAR 660-023-0180(3)(a).7
OAR 660-023-0180(3)(a) requires a demonstration that the aggregate at the site: 1) meets
ODOT specs for air degradation; 2) abrasion; 3) sodium sulfate soundness; and 4) include more
than 500,000 tons. The Aggregate Resource Assessment Report prepared by GeoDesign, Inc.
and submitted as Exhibit 7 ("Aggregate Report") concludes that subject site does not satisfy the
criteria because it fails sodium sulfate soundness requirements and contains less than 500,000
tons of aggregate. Based on a site -specific analysis, the Aggregate Report estimates the
quantity of the aggregate at 211,000 cubic yards. Assuming a tons -per -cubic yard ratio of 2.1,
the Report finds 443,100 tons of aggregate on site, less than the "significant" threshold above.
The Board agrees with the Hearings Officer that the unrefuted evidence demonstrates that the
site no longer contains a significant aggregate supply.
With respect to diatomite, the aggregate significance standards do not apply because diatomite
is a mineral, not aggregate, resource. Neither local law nor administrative rule define what a
significant "mineral" resource is. Furthermore, the ESEE analysis for the site makes it clear that
the site was listed on the County's Goal 5 Mineral and Aggregate inventory based solely on the
quantity of aggregate on the site, not diatomite. While the value of diatomite in the global
market justified the rezoning of the property to SM, and the approval of mining in 1985, the
applicant has provided information in the submitted burden of proof that there is no economic
incentive to mine diatomite on the subject property due to ample global supply, low profitability,
less expensive substitute materials, and undesirable environmental impacts. Due to its limited
usefulness in the local market, and the evidence that other materials provide a more suitable
replacement, the Board agrees with the Hearings Officer that the diatomite on the site is not a
"significant" mineral warranting protection.
' OAR 660-023-0180(3)(b) does not apply because the local government has not established lower
standards. OAR 660-023-0180(3)(c) does not apply to requests to remove a site from the acknowledged
inventory. See Hearings officer decisions PA-98-12 and ZC-98-6, PA-04-4 at page 30 (Exhibit 15) and
PA-06-2 at page 14 (Exhibit 19).
ZC-08-1/PA-08-1 — BOCC Decision Page 28 of 38
Document No. 2009-168
Reclamation: The Deschutes County Code requires that the site be reclaimed in accordance
with a reclamation plan approved by DOGAMI or the reclamation provisions of DCC 18.52,
DOGAMI has found the site to be reclaimed according to its standards. As the DOGAMI memo
explains, 61 acres on tax lots 1503 and 1505 were covered by an operating permit for gravel
extraction, and reclamation has been completed there. The overburden stockpiles on that area
have been revegetated, are stable, and may remain until used for on -site development. The
former DIATOMITE mining site (west of Lower Bridge Way) is exempt from reclamation
requirements under ORS 517,770 because it was part of a mine that existed before 1972.
Site Plan approval SP-85-23 included reclamation specifications. Below is a summary of the
applicant submitted reclamation plan, attached as Exhibit G to the Hearings Officer Decision in
SP-85-23.
The applicant has stated that the topsoil is stockpiled and will be replaced on the
area mined approximately 12 inches deep. The applicant proposed to
motorgrade the site and seed it with fortress red fescue, Idaho fescue, and mixed
bunchgrass at a rate of 40 pounds per acre planted in the fall with fertilizer and
mulch. The applicant also proposes to plants evergreens for shade and
windbreaks on the site.
Condition 1 of SP-85-23 also required an updated reclamation plan to include measures to
prevent materials from eroding into the Deschutes River. Staff has been unable to locate this
updated reclamation plan or a map showing the area covered by SP-85-23. The applicant
submitted testimony and evidence establishing an 18-acre area north of Lower Bridge Way and
west of the site access road on the area mined for aggregate under the permit issued in SP-85-
23. The evidence establishes. that some but not all of the components of the reclamation plan
summarized above were completed.
There Is significant confusion as to the relationship between the DOGAMI reclamation
standards and DCC 18.52.200(A). DOGAMI has the statutory authority to regulate reclamation
over sites located in Deschutes County, and its reclamation standards supersede local
standards. Therefore, unless the applicant agrees otherwise, sites that are exempt from
reclamation under DOGAMI regulations are similarly exempt from other, more restrictive local
standards that could be imposed as a condition of land use approval. Thus, as a practical
matter, the only role the county has in the reclamation process is to identify a post -mining use.
If the post -mining use is established prior to the adoption of a reclamation plan, the plan must
be consistent with that post -mining use.
Here, the evidence shows that the applicant proposed a reclamation plan for the area mined for
aggregate in SP-85-23. Those reclamation activities were not required in the DOGAMI
reclamation plan, but rather were solely imposed as conditions in SP-85-23, enforceable by the
County. The Board finds that the condition discussed previously requiring the applicant to
complete a County approved reclamation plan is sufficient to show compliance with the earlier
condition, since it actually increases the ultimate likelihood of compliance.
Based on the above, the Board finds the site has been partially mined, a significant resource no
longer exists and the site has been or will be, through the fulfillment of conditions of approval,
fully reclaimed in accordance with DOGAMI and DCC requirements.
B. Concurrent with such rezoning, any surface mining impact
area combining zone which surrounds the rezoned surface
ZC-08-1/PA-08-1 — BOCC Decision Page 29 of 38
Document No. 2009-168
EXHIBIT "G"
mining site shall be removed. Rezoning shall be subject to
chapter 18.136 and all other applicable sections of this title,
the Comprehensive Plan and Deschutes County Code Title
22, the Uniform Development Procedures Ordinance.
FINDINGS: The present zone change will also remove the surface mining impact area
combining zone which surrounds the rezoned surface mining site. However, as noted above,
Site 322 is located within one-half mile of the site. Therefore, a SMIA that covers a one-half
mile radius of that site must remain on nearby property and must be applied to this site.
2. Chapter 18.136, Amendments
a. Section 18.136.020, Rezoning Standards
The applicant for a quasi-judicial rezoning must establish that the
public interest is best served by rezoning the property. Factors to be
demonstrated by the applicant are:
FINDINGS: The Board finds that this section requires that a quasi-judicial rezoning must
establish that the public interest is best served by rezoning the property. The Board finds this
analysis must include, but is not limited to, to factors described in this section. The record
indicates that the subject property was historically used to mine and process diatomaceous
earth. The record also indicates that the processing of diatomaceous earth can create
cristobalite, classified by the International Agency for Research on Cancer as carcinogenic to
humans. There is no evidence in the record that the property has been tested or evaluated for
potential hazard form this carcinogen. The site has also been used for hazardous and
radioactive waste disposal and has been subject to numerous violations of environmental
quality regulations.
The Oregon Department of Human Services, Environmental Health Assessment Program
(EHAP) stated that the existing EHAP evaluation of environmental conditions at the site only
dealt with the present use of the property. EHAP recommended that the landowner obtain a
letter of "No Apparent Public Health Hazard" from EHAP for the site prior to residential use.
This would require additional environmental sampling and cleanup of any identified
environmental concerns. EHAP has also found that airborne dust from any source can cause
short-term respiratory irritation, but more information is needed to evaluate possible long-term
effects at this site. EHAP considers inhalation of airborne dust emanating from this site to be an
indeterminate health hazard.
The Oregon Department of Environmental Quality (DEQ) stated that the site has currently only
been evaluated with respect to environmental safety for its current use as a mine and an
industrial property. A rezone of the site from industrial to residential use would require a re-
evaluation of the site for residential use. The re-evaluation of the site, applicable exposure
routes, and pathways may result in some scenarios requiring deed restrictions, active cleanup
and/or monitoring. Following a cleanup of any identified environmental concerns, DEQ could
issue, a "No Further Action Letter" (NFA) for residential use.
Given the environmental history of the site, the Board finds that the public interest will not be
served by rezoning the property for residential use, prior to establishing that the site is safe for
ZC-08-1/PA-08-1 — BOCC Decision Page 30 of 38
Document No. 2009-168
residential uses. The Board finds, however, that the applicant can meet this criterion through
conditions of approval. In establishing these conditions of approval, the Board recognizes that
the majority of the environmental concerns pertain to dust and hazardous waste storage that
occurred on the a portion of property located West of Lower Bridge Way. Therefore, separate
conditions of approval are imposed for 1) the area to the East of Lower Bridge Way (together
with approximately 30 acres along the river west of Lower Bridge Way; and, 2) the area West of
Lower Bridge Way, the latter requiring a Resolution of Intent to Rezone rather than a current
rezoning of that section.
East Area:
1. Prior to final plat approval for any residential subdivision, the applicant shall
j obtain from the Department of Environmental Quality (DEQ) a "No Further
Action" (NFA) determination or the equivalent for a residential use designation for
the 160 acres.
2. Prior to final plat approval for any residential subdivision, the applicant shall
obtain from the Department of Human Services (DHS) a determination of "no
apparent public health hazard" for a residential use designation for the 160 acres.
West Area:
1. Within five (5) years or prior to final plat approval for any residential subdivision
on the 410 acre area that is the subject of File No. ZC-08-1/PA-08-1, whichever
is earlier, the applicant shall obtain from DEQ an NFA determination or the
equivalent for a residential use designation for this 410 acre area.
2. Within (5) five years or prior to final plat approval for any residential subdivision
on the 410 acre area that is the subject of File No. ZC-08-1/PA-08-1, whichever
is earlier, the applicant shall obtain from DHS a determination of "no apparent
public health hazard" for a residential use designation for this 410 acre area.
3. During the pendency of this Resolution and continuing in conjunction with the
DEQ VCP program and site development, the owner shall implement the DEQ
approved Planting Plan dated May 20, 2008 (Exhibit PH-6) and the DEQ
approved Watering Monitoring Plan dated May 20, 2008 (Exhibit PH-7) as the
Dust Abatement Plan for the site.
A. That the change conforms with the Comprehensive Plan, and
the change is consistent with the Plan's introductory
statement and goals.
FINDINGS: In previous County decisions, it has been held that comprehensive plan goals and
policies do not constitute mandatory approval criteria for quasi-judicial zone changes, but rather
are implemented through the zoning ordinance, and therefore if the proposed zone change is
consistent with the applicable provisions of the zoning ordinance, it also will be consistent with
the plan.
The applicant has argued that the public interest is best served by taking the subject property
out of mining use. Due to increased rural residential development in the area and decreased
value and demand for diatomite, the applicant argues that diatomite mining is no longer
s With regard to environmental issues, the Board lacks the expertise to determine if the subject property is safe for
residential use and will look to DRQ and DHS to provide tivs deternvnation.
ZC-08-1/PA-08-1 — BOCC Decision Page 31 of 38
Document No. 2009-168
EXHIBIT "G"
compatible with the area or desirable for the landowners. Rezoning for residential use will
provide incentive and the economic resources to clean up the aesthetic and environmental
Impacts of decades of mining.
As noted above, the proposed plan map amendment and removal of the site from the county's
inventory of significant mineral and aggregate sites are consistent with applicable plan policies
and the Statewide Land Use Planning Goals. The proposed RR-10 and SMIA zoning
designations are consistent with the proposed plan designations. Therefore, the proposal, so
long as it is also consistent with the zoning ordinance, is consistent with the plan.
B. That the change in classification for the subject property is
consistent with the purpose and intent of the proposed zone
classification.
FINDINGS: The applicant is proposing a zone change from Surface Mining to Rural Residential
(RR). The purpose of the RR zone, set forth at DCC 18.60.10 is:
The purposes of the Rural Residential Zone are to provide rural residential
living environments; to provide standards for rural land use and
development consistent with desired rural character and the capability of
the land and natural resources; to manage the extension of public services;
to provide for public review of nonresidential uses; and to balance the
public's interest in the management of community growth with the
protection of individual property rights through review procedures and
standards.
FINDINGS: The proposed zone change is consistent with this purpose statement because re-
development of the site will create a rural residential living environment consistent with the rural
character and capabilities of the land and resources. To the extent existing conditions affect the
carrying capacity of the land, air and water, those issues can be addressed through compliance
with applicable state health and environmental quality regulations, or through compliance with
the county's development standards.
C. That changing the zoning will presently serve the public
health, safety and welfare considering the following factors:
FINDINGS: The Board finds that this section requires that a quasi-judicial rezoning must
establish that changing the zoning will presently serve the public health, safety and welfare.
The Board finds this analysis must include, but is not limited to, to factors described in this
section.
The site is currently an unused diatomite and aggregate surface mine. Prior activities on the
site have in some cases adversely affected public health, safety and welfare, although some of
those impacts have been ameliorated. The concerns with public health, safety and welfare
arose primarily from the previous use of the western portion of the site as a hazardous waste
facility. Additionally, the presence of loose diatomite on the western portion of the property
raises concerns with blowing dust, as described above. The Board has conditioned this
decision to address these concerns.
Opponents have raised limited issues with concerns about the portion of the property East of
Lower Bridge Way. While the Board finds no evidence of any continued public health, safety
ZC-08-11PA-08-1 — BOCC Decision Page 32 of 38
Document No. 2009-168
and welfare concerns with the eastern portion of the property, this area has not been evaluated
with respect to environmental concerns for residential use. The Board has conditioned this
decision to address this concern, as described above.
The Board agrees with the Hearings Officer and concludes that overall, redevelopment of the
site for rural residential uses, as conditioned, will presently serve the public health safety and
welfare by providing the developer with an incentive to reclaim the site.
1. The availability and efficiency of providing necessary
public services and facilities.
FINDINGS: All utilities are available and currently serving other nearby properties, including the
RR-10 zoned subdivision to the southeast, and adequate County road frontage is available.
The Board also concludes that the applicant has demonstrated that the proposed rural
residential zoning will not significantly affect local transportation facilities. The Board agrees
with the Hearings Officer that "public services and facilities" within the meaning of this standard
does not include private domestic wells, individual subsurface sewage facilities or private roads.
To the extent water availability and water quality fall within the category of "public services and
facilities," the applicant provided evidence that it has a limited use water permit to allow for dust
suppression and irrigation of re -vegetated areas. The applicant also testified and submitted
evidence that its preliminary testing shows that adequate water is available to develop individual
or group wells for domestic water supplies. Domestic wells must be drilled in accordance with
Oregon Water Resources Department well drilling standards, which includes a requirement that
the well not inject contaminated water into an aquifer, or cause perched water to move to
another aquifer. There is substantial evidence in the record to show that these standards are
met or can be met through conditions of development approval.
2. The impacts on surrounding land use will be
consistent with the specific goals and policies
contained within the Comprehensive Plan.
FINDINGS: The evidence shows that rezoning the property will not adversely impact
surrounding property because residential use is consistent with the existing residential uses
adjacent to the subject property, and will not increase adverse impacts on agricultural uses on
other nearby properties. Several neighboring land owners testified that they supported the
proposal as a means of revegetating the site and controlling dust.
D. That there has been a change in circumstances since the
property was last zoned, or a mistake was made in the zoning
of the property in question.
FINDINGS: There have been several changes in circumstances, and new information that
shows that mistaken assumptions were the premise of the current zoning. Part of the subject
property was zoned Surface Mining in 1985 and the remainder in 1989.
The 1985 zoning focused on only the diatomite resource, and was premised on the assumption
that diatomite would be economically productive for export. At that time the property was zoned
Surface Mine Reserve, and the applicable Comprehensive Plan assumed that land so
designated "will ultimately be mined." The applicable Plan also lowered the burden of proof for
changing the zoning to Surface Mining because "the material here sought to be mined consists
of non -aggregate materials which are most probably to be used for export as there is currently
ZC-08-1/PA-08-1 — BOCC Decision Page 33 o138
Document No. 2009-168
little local demand." In spite of low local demand, the Hearings Officer found that the potential to
export diatomite satisfied "the need question." Applicants were "in the process of negotiating
large scale contracts for the delivery of (diatomite)" and the county found that construction of a
processing plant in Malheur County would "enable exportation by the applicants." Because the
site had already been used for diatomite mining, the Hearings Officer found that rezoning would
simply facilitate more use and exportation of the resource.
However, circumstances have changed since 1985. Because the identified global supply of
diatomite will satisfy global demand for a very long time, the Lower Bridge Way site is not
needed. Environmental regulation and fuel costs have increased, while profits for diatomite have
decreased. Therefore, according to the applicant, mining diatomite from the site is no longer
economically viable or necessary.
The second rezoning, as part of the ESEE analysis for site 461, in 1989-1990 focused on the
site's aggregate (as opposed to a mineral) resource. It followed the 1988 Deschutes County
Goal 5 Aggregate Inventory, which identified an aggregate resource of 350,000 cubic yards. It
is unclear from the record how this amount was estimated.
In the ESEE analysis for site 461, the Board identifies the key values that form the basis for the
determination of SM zoning for the mine site. These include the importance of aggregate
resources to development in Deschutes County, the value to the County economy in terms of
materials and jobs, the presence of an estimated 350,000 cubic yards of aggregate on the site,
and that the site is located near a major roadway for highway maintenance and construction
jobs.
Neither the mine location nor the importance of aggregate resources to Deschutes County have
changed since the last zoning of the property. However, the current estimate of aggregate
resources on the property has fallen to 211,000 cubic yards. Also, the current Aggregate
Resource Assessment Report indicates that the aggregate on the site does not meet ODOT
specifications. This report also indicated that the aggregate resource cannot be profitably
mined. These issues constitute a change in circumstances within the meaning of this criterion.
ZC-08-11PA-08-1 — BOCC Decision Page 34 of 38
Document No. 2009-168'
EXHIBIT "G"
4. Chapter 18.116, Supplementary Provisions
a. Section 18.116.220. Conservation Easements on Property Adjacent
to Rivers and Streams Prohibitions.
A. As a condition of approval of all land use actions involving
property adjacent to the Deschutes River, Crooked River, Fall River,
Little Deschutes River, Spring River, Paulina Creek, Whychus Creek
and Tumalo Creek, the property owner shall convey to the County a
conservation easement, as defined in DCC 18.04.030, "Conservation
Easement," affecting all property on the subject lot which is within
10 feet of the ordinary high water mark of the river or stream.
B. The form of the conservation easement shall be as prescribed
by the County and may contain such conditions as the County
deems necessary to carry out the purposes described in DCC
18.04.030, "Conservation Easement."
C. Any public access required as part of a conservation
easement shall be subject to the following conditions:
1. Public access shall be limited to foot traffic for recreational
purposes and the putting in or taking out of boats.
2. Unless otherwise permitted by the affected property owner,
public access does not allow public passage through other private
property to gain access to the property subject to the conservation
' easement.
3. Unless otherwise permitted by state law, County ordinance or
the property owner, no person on the subject property as a result of
a public access requirement of a conservation easement shall
deposit solid waste, damage or remove any property, (including
wildlife and vegetation) maintain or ignite fires or fireworks,
discharge firearms or camp.
FINDINGS: The subject property is adjacent to the Deschutes River. A conservation easement,
as described in this criterion has been included as a condition of approval.
IV. DECISION
This Decision is separated into two parts representing two distinct areas of the subject property:
1) the area to the East of Lower Bridge Way (together with approximately 30 acres along the
river west of Lower Bridge Way; and, 2) the area West of Lower Bridge Way
East Area:
The Board APPROVES the request for a comprehensive plan text and map amendment
and zone change from Surface Mining to Rural Residential on the area East of Lower
ZC-08-11PA-08-1 — BOCC Decision
Document No. 2009-168
Page 35 of 38
"r, II
Bridge Way, together with approximately 30 acres along the river west of Lower Bridge
Way (approximately 160 acres)9 subject to the following conditions of approval:
1. Prior to final plat approval for any residential subdivision, the applicant shall obtain
from the Department of Environmental Quality (DEQ) a "No Further Action" (NFA)
determination or the equivalent for a residential use designation for the 160 acres.
2. Prior to final plat approval for any residential subdivision, the applicant shall obtain
from the Department of Human Services (DHS) a determination of "no apparent
public health hazard" for a residential use designation for the 160 acres.
3. Prior to or contemporaneously with final plat approval for any residential
subdivision, the applicant shall record a conservation easement in substantially the
form attached hereto as Exhibit C and covenant (by deed or plat) to restrict in
perpetuity the use of the approximately 30-acre area to open space uses and
preventing the construction of any residential structure.
4. The applicant shall not develop any area within a 100-yard radius of the historic
Lynch and Roberts Store Advertisement sign. The applicant shall post markers to
prevent trespass, prior to development of the site. Any Covenants, Conditions and
Restrictions (CC&Rs) created as a part of a residential development of the subject
property will contain obligations to protect the area within a 100-yard radius of the
historic sign from development and trespass and to maintain the posted markers.
5. As part of any residential development approval for the site, the applicant shall
include an informational section in its CC&Rs that detail the history of the site,
including the remediation efforts taken by the applicant and its predecessors in
interest.
6. If fill is brought onto the site, the applicant shall identify the general location of the
fill, and if the site is used for development, the applicant shall either certify that the
fill is suitable for development, or specifically declaim any knowledge of its
suitability.
7. Prior to final plat approval for any residential subdivision, a conservation easement
as defined in Section 18.04.030, "Conservation Easement" and specified in Section
18.116,220, shall be required.
9 As more particularly described in the legal description, attached to this decision as Exhibit A.
ZC-08-1/PA-08-1 — SOCC Decision Page 36 of 38
Document No. 2009-168
I1. West Area:
The Board FINDS that rezoning the remainder of the subject property located West of
Lower Bridge Way (approximately 410 acres)t', from Surface Mining to Rural Residential
will best serve the public health, safety, welfare and convenience if certain conditions are
fulfilled. Thus, the. Board APPROVES the proposed rezoning subject to a resolution of
intent to rezone. The resolution shall include the following conditions:
The following conditions shall be included in the Resolution:
1. 1.Within five (5) years or prior to final plat approval for any residential subdivision
on the 410 acre area that is the subject of File No. ZC-08-1/PA-08-1, whichever
is earlier, the applicant shall obtain from the Oregon Department of
Environmental Quality ("DEQ") a "No Further Action"("NFA") determination or the
equivalent for a residential use designation for this 410 acre area.
2. Within (5) five years or prior to final plat approval for any residential subdivision
on the 410-acre area that is the subject of File No. ZC-08-1/PA-08-1, whichever
is earlier, the applicant shall obtain from the Oregon Department of Human
Services a determination of "no apparent public health hazard" for a residential
use designation for this 410 acre area.
3. Contemporaneously with the site development and prior to the issuance of any
residential building permit, the applicant shall complete the County -approved
reclamation of the 18-acre area covered by SP-85-23 through a modified
reclamation plan substantially consistent with the plan submitted by the applicant
dated December 3, 2008.
4. The applicant shall submit a Modification Application for the modified reclamation
plan within six months of the date this decision Is final.
5. The date the above described decision is final shall be the date the final County
decision of approval is signed and mailed or, if the final County decision is
appealed, the date the final appellate body affirms the County decision or
dismisses the appeal.
6. During the pendency of this Resolution and continuing in conjunction with the
DEQ Voluntary Compliance Program and site development, the owner shall
implement the DEQ approved Planting Plan dated May 20, 2008 (Exhibit PH-6 in
the record) and the DEQ approved Watering Monitoring Plan dated May 20, 2008
(Exhibit PH-7 6 in the record) as the Dust Abatement Plan for the 410-acre site.
7. This Resolution shall expire five (5) years from the date this approval Decision is
final, unless the conditions and stipulations set forth above have been satisfied or
an extension is granted pursuant to DCC Title 22.
8. Upon the applicant's successful fulfillment of the above conditions and pursuant
to DCC 18.136.030B, the County shall amend the County comprehensive plan
70 As more particularly described in the legal description, attached to this decision as Exhibit B.
ZC-08-1/PA-08-1 — BOCC Decision Page 37 of 38
Document No. 2009-168 EXHIBIT "G"
text and map designation for the 410 acre area in accordance with this Decision
from Surface Mine (SM) and Agriculture (AG) to Rural Residential Exception
Area (RREA) and remove Surface Mining Site 461 from the County's Goal 5
inventory of significant mineral and aggregate resource sites and shall amend the
zoning map designation for the 410 acre area from Surface Mining (SM) and
Exclusive Farm Use (EFU) to Rural Residential-10 (RR-10),
9. As part of any residential development approval for the site, the applicant shall
include an informational section in its CC&Rs that details the history of the site,
Including the remediation efforts taken by the applicant and its predecessors in
interest.
10. If fill is brought onto the 410 acre site, the applicant shall identify the genera!
location of the fill, and if the site is used for development, the applicant shall
either certify that the fill is suitable for development, or specifically declaim any
knowledge of its suitability.
Dated this 154 of Y \ , 2009
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Aftw,W
TAMMY BANty, Chair
D5NNIS R. LUKE, i Chair
AST:
ing Se e ALAN UNGER, Commissioner
Mailed this day of Y 1 2009
THIS DECISION BECOMES FINAL UPON MAILING. PARTIES MAY APPEAL THIS
DECISION TO THE LAND USE BOARD OF APPEALS WITHIN 21 DAYS OF THE DATE ON
WHICH THIS DECISION IS FINAL.
ZC-OB-1/PA-08-1 — BOCC Decision Page 38 of 38
Document No. 2009-168
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Wednesday Meeting of August 5, 2020
DATE: July 30, 2020
FROM: William Groves, Community Development, 541-388-6518
TITLE OF AGENDA ITEM:
Preparations for Deliberations - Thornburg Golf Course Site Plan
RECOMMENDATION & ACTION REQUESTED:
The Board of County Commissioners (Board) will receive a staff presentation on August 5,
2020 in advance of conducting deliberations on August 12, 2020 on appeals of a golf
course for the Thornburg Destination Resort.
BACKGROUND AND POLICY IMPLICATIONS:
On December 11, 2019, Kameron DeLashmutt on behalf of Central Land and Cattle Company, LLC
submitted a request for a Site Plan Review (SP) for the Thornburg Phase A golf course. The golf
course includes artificial lakes approved by the Conceptual and Final Master Plans for the
destination resort.
The Board conducted a public hearing in this matter on June 17, 2020. The record is presently
closed, following post -hearing open record periods.
FISCAL IMPLICATIONS: None
ATTENDANCE: Will Groves, Legal
STAFF MEMORANDUM
Date: July 30, 2020
To: Board of County Commissioners
From: Will Groves, Senior Planner
Re: Appeal of Thornburg Golf Course Site Plan - 247-19-000881-SP, 247-20-000279-A, and
247-20-000282-A
The Board of County Commissioners (Board) will receive a staff presentation on August 5, 2020 in
advance of conducting deliberations on August 12, 2020 on appeals of a golf course for the
Thornburg Destination Resort.
1. Background
On December 11, 2019, Kameron DeLashmutt on behalf of Central Land and Cattle Company, LLC
submitted a request for a Site Plan Review (SP) for the Thornburg Phase A golf course. The golf
course includes artificial lakes approved by the Conceptual and Final Master Plans for the
destination resort.
The other Phase A -required development, including the Overnight Lodging Units (OLUs) and
restaurant and meeting rooms, will be proposed in separate site plan applications. They will be
developed or financially assured, as required, prior to the closure of sales, rental or lease of any
residential dwellings or lots.
The resort property is large and comprised of numerous tax lots. The properties subject to this
application are located in the southern region of the destination resort.
The Thornburg Destination Resort has a lengthy and complex history that began in 2005. Each
aspect of the Thornburg Destination Resort project includes decisions by Hearings Officers, the
Board, Land Use Board of Appeals (LUBA), Oregon Court of Appeals, and Oregon Supreme Court.'
The most recent appeal to LUBA (No. 2019-136) is currently awaiting review. LUBA stayed the appeal
pending the outcome of the Supreme Court decision on case S067074.
' See the Land Use History summary on pages 3-5 under the Basic Findings section of the administrative
decision for file 247-19-000881-SP.
117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
eQ (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd
The Planning Division issued an administrative approval without a public hearing on April 1, 2020,
determining the Applicant met the applicable criteria.
The Board conducted a public hearing in this matter on June 17, 2020. The record is presently closed,
following post -hearing open record periods.
II. 150-day Issuance of a Final Local Decision
The 150-day period for issuance of a final local decision is currently September 6, 2020.
III. Appeal
The administrative approval was timely appealed by Central Oregon LanclWatch ("LandWatch") and
Annunziata Gould. Staff summarizes the key issues on appeal below.
III. KEY ISSUES
The Board will likely be asked to deliberate and decide on the several matters. This deliberation
summary of party positions is largely composed of direct quotes from record materials. Some
quotes have been edited for brevity, clarity, or issue focus. Staff notes that the Applicant identifies
over 120 points of contention in Applicant's Exhibit 48. Staff focuses, below, on key issues and
interpretative matters, in order to receive Board direction for the drafting of a decision in this case.
1. jurisdiction to Decide this Application and Dependency Upon the Outcome of Pending
Appeals
Opponents: Two appeals of county approvals of Phase A-1 governing configuration of the subject
site remain undecided. Until there are final decisions remanding both cases to the county,
jurisdiction will remain in the appellate bodies. Accordingly, the county lacks jurisdiction to act upon
this application and must deny it, at least for the present time.
Applicant: This case isn't dependent on rulings in the tentative plan. The Tentative Plan approval
doesn't bind the Site Plan.
Staff: Staff recommends the Board consider concurring with the Applicant, as this golf course site
plan is not dependent on the appealed Tentative Plan.
2. Compliance with Redmond Fire Requirements
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 2 of 11
Opponents: The fire danger when heavy excavating, grading and construction equipment is used
on the very dry brush of the subject site will be extreme. That is why hydrants are required at this
point, and the requirement must be set out in the conditions of approval. The fire marshal's
remaining requirements must also be incorporated into any conditions of approval for this portion
of the proposed project. It remains unclear whether the area encompassed by this site plan has yet
been annexed to the Redmond Fire District.
Applicant: The entire property has been annexed into the Redmond Fire district (see Applicant's
Exhibit 29: Annexation Documentation). Nothing is required by Redmond Fire until such time that
we have combustible materials on site for buildings (See Applicant's Exhibit 16, Email from Clara
Butler RFD). There is no access needed, nor any water, and certainly not any fire hydrants.
Furthermore, condition #4 specifies that emergency access roads are required prior to Final Plat
Approval or, the issuance of building permits. This site plan has neither. This condition is met
without any further requirements.
The language on page 32 of the staff decision reading: "Moreover, as required under DCC
18.124.060, the Applicant shall provide written confirmation from the Redmond Fire Department
that all applicable fire safety standards are met; including this development's compliance with the
resort's Wildfire/Natural Hazard Protection Plan shall be submitted prior to commencement of
construction, earthmoving, or clearing" should be stricken.
Staff: Staff recommends the Board consider striking the cited language above, as Staffs concern
has been addressed by the cited email from Clara Butler, Redmond Fire, and the subject property
has been wholly annexed to the Fire District.
3. Scope of the Proposal:
Opponents: Opponents raise a number of issues related to the recreational use of the lakes.
Applicant: At this time the golf course is the only recreational amenity on the site plan.
Staff: While "beaches" are shown on the submitted site plans, the Applicant's burden of proof does
not describe or analyze any recreational use of the lake or any supporting facilities. Because such
uses, at minimum, would require demonstration of compliance with DCC 18.124.060, as well as
other site plan review requirements, staff recommends a condition of any approval limiting
recreational use of the site plan area to golfing and specifically precluding other recreational
activities such as watersports and beach access until such time that these uses are approved under
site plan review
4. Collateral Attacks:
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 3 of 11
Issue: LUBA has found2:
***[I]n a variety of contexts both the Court of Appeals and LUBA have held that decisions
rendered in early stages of a multi -stage approval process can be final appealable land use
decisions. In such cases, issues that could have been raised, but were not raised in early
stages, and issues that were raised and resolved adversely to a petitioner in early stage
decisions that were not appealed, generally may not be raised by that petitioner in appeals
of a later stage decision. Carlsen v. City of Portland, 169 Or App 1, 16, 8 P3d 234 (2000); Piltz V.
City of Portland, 41 Or LUBA 461, 467 (2002); Bauer v. City of Portland, 38 Or LUBA 715, 721
(2000); Westlake Homeowners Assoc. v. City of Lake Oswego, 25 Or LUBA 145, 148 (1993);
Hoffman v. City of Lake Oswego, 20 Or LUBA 64, 70-71 (1990); J.P. Finley & Sons v. Washington
County, 19 Or LUBA 263, 270 (1990). In rejecting arguments in appeals of subsequent stage
land use decisions that in reality are a belated challenge to earlier stage land use decision,
we have sometimes referred to those arguments as a "collateral attack" on those earlier
stage land use decisions. Piltz, 41 Or LUBA at 467; Bauer, 38 Or LUBA at 721.2
Applicant and opponents disagree if argument in the present case represents a collateral attack on
prior decisions.
Applicant: Numerous issues raised by opponents on appeal of the site plan were resolved during
the County's review of the FMP and CMP. The County conducted an extensive review of both
documents and found that they achieve compliance with all issues relevant to approval of those
plans. Both of those proceedings were very extensive and considered a wide range of legal
argument, materials, plans and impacts.
The Applicant lists the issues they believe precluded from further argument in Exhibit 46.
Kleinman: Appellant and COLW have set out valid "attacks" upon the Applicant's assertions of
compliance with the approval standards herein. There is nothing impermissible or collateral about
those challenges. Moreover, they are firmly sounded in the evidence and have not been effectively
rebutted by the Applicant.
As we have consistently pointed out, the golf course and lakes, and related water consumption for
construction and for use and maintenance going forward, have not been approved in an earlier
proceeding. The Applicant chose to chop Phase A into smaller, bite -size pieces, and must live with
the result. This is a fresh new site plan application. Opponents' challenges are not subject to the
case law cited by the Applicant with respect to "improper collateral attack." Rather, the issues we
have raised are properly before you and must be decided on the merits.
Staff: Staff recommends the Board consider determining that the issues the Applicant identifies in
Exhibit 46 are issues that could have been raised, but were not raised in early stages, and/or issues
that were raised and resolved adversely to a petitioner in early stage decisions that were not
appealed. These issues may not be raised in the appeal of this later stage decision.
2 Widgi Creek Homeowners Association v. Deschutes County, 71 Or LUBA 821 (2015)
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 4 of 11
4. Conditions of Approval of FMP Misstated by Appealed Decision:
Applicant: The Administrative Decision appealed by COLW and Gould inaccurately lists the
conditions of approval of the FMP. A number of the CMP conditions were found bythe FMP decision
to be "satisfied." Therefore, those CMP conditions were not made conditions of approval of the FMP.
These are CMP Conditions 3, 8, 9, 11, 13, 14.A, 14.13, 15, 24, 30, and 37. Also, Condition 28 was
replaced by Condition 38 and 39 and should not have been listed as a relevant approval criterion
for review of the golf course application.
Staff: Staff concurs and recommends the Board consider amending this as part of the decision.
Staff is unaware of any party contesting this correction.
S. Parking Required for a Golf Course
Applicant: DCC 18.116.030, Off Street Parking and Loading, by its plain terms, does not require the
Applicant to provide parking spaces for development of its golf course. It says:
"(O]ff-street parking spaces shall be provided at the time a new building is hereafter
erected or enlarged or the use of building existing on the effective date of DCC Title 18 is
changed. -
The Applicant is not proposing to construct a new building. It is not asking to enlarge a building or
change its use. Therefore, off-street parking spaces are not required. The condition of approval
requiring the Applicant to obtain approval of off-street parking (Condition E.), therefore, is not
supported by the applicable law and should be removed. Likewise, bicycle parking spaces are not
required. DCC 116.031 requires bicycle parking only for "uses that require off-street motor vehicle
parking."
Opponents: This application for a site plan for a golf course and lakes is incomplete where it fails
to address the site plan criteria for the required parking, walking paths, lighting and
structures/facilities for the golf course and lakes. A mere condition of approval deferral to allow
addressing these other essential components at a later date is not legally sufficient. The site plan
application has to complete so all elements under the code that must be satisfied for a site plan for
a particular use can be assessed.
Staff: Staff recommends the Board consider not adopting the Applicant's interpretation of DCC
18.116.030. There are many circumstances e.g. (parks, other outdoor activities, food carts) where a
use will attract a significant number of new vehicles without enlarging or changing the use of a
building. Staff recommends the Board interpret this criterion to specify at what time parking must
be provided for new buildings, but not to preclude parking requirements for uses that do not involve
buildings.
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 5 of 11
In addition (or in the alternative), staff recommends the Board consider finding that permitting a
use through site plan review that will necessarily be attended by the public in cars but does not
provide for parking would likely not provide a "safe environment" (DCC 18.124.060(C), and would
not provide for "separations between pedestrians and moving and parked vehicles" (DCC
18.124.060(E).
Since the Applicant has proposed to provide parking for the golf course as part of site plan review
for the clubhouse and other golf facilities to reviewed under future site plan(s), staff recommends
the Board consider requiring a condition of approval precluding golfing or other recreational use of
the golf course and lakes until parking has been reviewed, and approved through site plan review,
as well as constructed.
This would allow the Board, in the decision, to make findings that the golf course, as conditioned, is
a use that requires no parking or bicycle parking at this time and does not need findings of
compliance with DCC 18.116.030 and .031. The Board should also consider finding that, in the
alternative, to the extent that the present decision defers determination of compliance with parking
standards to a later proceeding, a later site plan review will be required and will provide a full public
right to participate in the subsequent approval stage.
6. Documents Filed by Opponents during Rebuttal Period
Applicant: Proper rebuttal responds to information filed during the first post -hearing comment
period. Most of the documents filed by opponents during the rebuttal period contain new evidence
rather than rebuttal evidence. The Applicant, therefore, asks the Board to expressly decline to
include new evidence that is not rebuttal as a part of the record of this appeal. Mr. DeLashmutt has
compiled a list of new evidence that is not proper rebuttal that is attached as Exhibit 47.
The DCC 22.24.140(D), Continuances or Record Extensions, provides:
D. Leaving record open. if at the conclusion of the initial hearing the Hearings Body
leaves the record open for additional evidence or testimony, the record shall be left
open for at least 14 additional days, allowing at least the first seven days for
submittal of new written evidence or testimony and at least seven additional days
for response to the evidence received while the record was held open. Written
evidence or testimony submitted during the period the record is held open shall be
limited to evidence or testimony that rebuts submitted evidence or testimony.
Opponents: Opponents did not respond to this issue, as it was raised in the Applicant's final
argument.
Staff: Staff is currently working with parties on this issue and will provide an updated discussion at
the Board's August 5, 2020 work session.
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 6 of 11
7. Americans with Disability Act ("ADA') and compliance with DCC 18.124.060(D)
Issue: DCC 18.124.060(D) requires:
D. When appropriate, the site plan shall provide for the special needs of disabled
persons, such as ramps for wheelchairs and Braille signs.
Opponents: This goal 8 destination resort is open to the public and it's recreational assets must
meet the ADA criteria not just for golf cart pathway width and surfaces but golf cart access for
barrier free play on the Tees, Fairways, Greens together with all cart paths, shelters and parking
areas. Therefore approximate location of golf holes is insufficient to show today that this Site Plan
meets such barrier free access to this public recreation. The beach areas at the large lake are not
shown to meet ADA boating launch needs. Furthermore no ADA route is shown to the proposed
lakes.
Applicant: Golf cart passages don't need to be paved within the golf course. Applicants Exhibit 17,
pg. 15, the Guidelines for ADA compliance by the US Access Board state: While golf cart passages
must be usable by golf cars, they don't need to have a prepared surface, and may be part of a golf
car path. That said, the Thornburgh golf course will be ADA compliant.
The site plan anticipates no boat ramps, boat pilings, or boat access. While the US Access Board has
no guidelines for lakes there are guidelines for piers or platforms. That said, accessible routes, or
suitable alternate passages to lakes recreation offerings will be provided in accordance with US
Access Board guidelines. In the event that any form of pier or platform is installed it will be done in
such a way to comply with the US Access Board guidelines for ADA access, turning, rails, etc..., for
that type of installation.
Staff: Staff has previously recommended a condition of approval precluding recreational use of the
lakes/beaches until these uses are fully reviewed through a later site plan approval. This condition
would remove the necessity of resolving the "the special needs of disabled persons" for these
facilities at this time.
Staff recommends the Board consider finding that Applicant's Exhibit 17, pg. 15, the Guidelines for
ADA compliance by the US Access Board, outlines the requirements for the golf course to
accommodate "the special needs of disabled persons". Specifically, staff recommends the Board
consider a condition of approval requiring compliance with Guidelines for ADA compliance by the
US Access Board, as elaborated by the "Accessible Golf Courses" information provided on pages 12-
21 of Applicant's Exhibit 17.
8. The submitted plan does not show how vegetation in adjacent undeveloped areas will
be protected and retained This must be proposed and reviewed as part of this
application.
Opponents: The Applicant in response to this requirement identifies nothing that will be preserved
and merely asserts having "a minimalist philosophy" and "a light touch." More is required of a site
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 7 of 11
plan than that or else this site plan requirement is meaningless. There must be a showing of what
is to be preserved and how. If "[p]reserved trees and shrubs shall be protected," we need to know
what are the "preserved" trees and shrubs in the first place.
Applicant: The Applicant provides substantial details in Applicant's Exhibit 46 how this issue was
resolved by the far broader standards of the CMP and FMP, including the WMP/FWMP, the Natural
Characteristics Report (Applicant's Exhibit 42), the Wildlife and Habitat Report (Applicant's Exhibit
43), and the Open Space Management Plan (Applicant's Exhibit 44). Extensive planning and analysis
was completed to comply with the CMP/FMP that meets this standard. Further the Applicant has
provided evidence that it will use a light touch to build the golf course that will preserve the
landscape and topography to the greatest extent possible. The site plan itself shows the fairway
lines, which represent the area that typically would be cleared, completely. The materials have
stated that, while we may clear everything within those corridors on some fairways, that we will use
extreme efforts to leave as much vegetation within those corridors as possible. The areas outside
of the golf fairway corridors is covered by condition #34 which deals with the restoration of
disturbed native vegetation. The WMP (Applicant's Exhibit 38 and Ex. P) deals with the timing of
when restoration efforts take place.
Staff: Staff recommends the Board consider replacing the finding in the administrative approval to
match the Applicant's argument above.
10. Water Rights and Water Issues
Issue: FMP condition #10 requires:
Applicant shall provide, at the time of tentative plat/site plan review for each individual
phase of the resort development, updated documentation for the state water right permit
and an accounting of the full amount of mitigation, as required under the water right, for
that individual phase.
Parties disagree if the Applicant has provided the updated documentation and accounting.
Applicant: Applicant's Exhibit AA, the Mitigation Debit Table, shows the mitigation required for this
phase of development as required by Condition 10. In the TP decision, Hearing Officer Olsen found
Condition 10 was primarily an informational requirement and requirement for an accounting of the
amount of mitigation needed under the water right. The BOCC in the TP remand also noted that
mitigation would be required before pumping water for the phase. Staff noted that Applicant's
Exhibit AA, the Mitigation Debit Table, which detailed the amount of mitigation needed for this site
plan, was consistent with the BOCC directions. Staff was correct in finding compliance with
Condition #10.
Opponents: Although the Resort holds a permit, which has not yet been cancelled, that permit has
expired and no extension of that permit currently exists. And the Applicant has admitted that an
extension is needed, before it can use the permit. In short, there is currently insufficient water
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 8 of 11
currently available to the Resort for the proposed use. There is certainly not enough to do what the
application proposes.
Opponents also challenge the water accounting for neglecting additional water demands, such as
reservoir evaporation, construction dust suppression, and irrigation demands likely in the high
desert.
Staff: Staff recommends that the Board consider finding that the Applicant has provided the
updated documentation and accounting.
III. NEXT STEPS
The Board of County Commissioners (Board) will receive a staff presentation on August 5, 2020 in
advance of conducting deliberations on August 12, 2020 on appeals of the Thornburg golf course.
DESCHUTES COUNTY PLANNING DIVISION
Will Groves, Senior Planner
Attachments:
Ref. No.
2020-07-15 - Final Argument Liz Fancher with DeLashmutt Ex. 46 and 47.pdf
168
2020-07-15 - DELASHMUTT FINAL ARGUMENTS.pdf
167
2020-07-15 - DELASHMUTT Ex. 48 Comment Chart Final v13.pdf
166
2020-07-15 - Applicant Response to Anuta Rebuttal
165
2020-07-08 S Dorsey Comments
164
2020-07-08 N Gould Testimony
163
2020-07-08 M Stout Comments
162
2020-07-08 K DeLashmutt Comments 2
161
2020-07-08 K DeLashmutt Comments 1
160
2020-07-08 K Anuta Comments
159
2020-07-08 J Neuman Comments
158
2020-07-08 J Kleinman Comments 6
157
2020-07-08 J Kleinman Comments 5
156
2020-07-08 J Kleinman Comments 4
155
2020-07-08 J Kleinman Comments 3
154
2020-07-08 J Kleinman Comments 2
153
2020-07-08 J Kleinman Comments 1
152
2020-07-08 D Barber Comments
151
2020-07-08 COLW (C Macbeth) Comment
150
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 9 of 11
2020-07-08 C Morton Comments
149
2020-07-07 K DeLashmutt Testimony 1
148
2020-07-07 A Williams Memo to File
147
2020-07-01 Y Lind Comments 3
146
2020-07-01 Y Lind Comments 2
145
2020-07-01 Y Lind Comments
144
2020-07-01 T Bishop Testimony
143
2020-07-01 S Manis Comments
142
2020-07-01 N Gould testimony 3
141
2020-07-01 N Gould testimony 2
140
2020-07-01 N Gould testimony 1
139
2020-07-01 M Saslow Comments
138
2020-07-01 L Dorsey Comments 2
137
2020-07-01 L Dorsey Comments
136
2020-07-01 K DeLashmutt Comments 6
135
2020-07-01 K DeLashmutt Comments 5
134
2020-07-01 K DeLashmutt Comments 4
133
2020-07-01 K DeLashmutt Comments 3
132 __d
2020-07-01 K DeLashmutt Comments 2
131
2020-07-01 K DeLashmutt Comments 1
130
2020-07-01 K Anuta Comments
129
2020-07-01 J Kleinman Testimony 2
128
2020-07-01 J Kleinman Testimony
127
2020-07-01 J Guild Comments w attachments
126
2020-07-01 H Lonsdale Comments
125
2020-07-01 G Burton Comments
124
2020-07-01 D Stout Testimony
123
2020-07-01 D Arnold Testimony
122
2020-07-01 C MacBeth (COLW) Comments
121
2020-06-30 Y Lind Comments
120
2020-06-30 COLW Testimony
119
2020-06-28 P Geiser Comments
118
2020-06-28 N Gould comments
117
2020-06-28 L Bakewell Comments
116
2020-06-22 D Arnold Comments
115
2020-06-18 E Hartwig Comments
114
2020-06-18 W Groves response to E Hartwig RE party of record
113
2020-06-17 Zoom Hearing Screenshot testimony
112
2020-06-17 W Groves response to R Schultz RE noticing
111
2020-06-17 N Engbretson Comments
110
2020-06-17 M Saslow Comments
109
2020-06-17 Lipscom email with Attachements
108
2020-06-17 J Kleinman email RE Order 8-9-19
107
2020-06-17 J Kleinman email RE Notice of Oral Argument
106
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 10 of 11
2020-06-17 J Kleinman email RE N Gould memo
105
2020-06-17 J Kleinman email RE COA opening brief
104
2020-06-17 COLW Comments
103
2020-06-17 BoCC Hearing Exhibit List
102
2020-06-17 BoCC Hearing Exhibit Al - K DeLashmutt - Table of Issues
101
2020-06-17 BoCC Hearing Exhibit A2 - K DeLashmutt - PPT
100
2020-06-17 BoCC Hearing Exhibit A3 - K DeLashmutt - Introduction
99
2020-06-17 BoCC Hearing Exhibit A4 - K DeLashmutt - Collateral Attacks
98
2020-06-17 BoCC Hearing Exhibit A5 - K DeLashmutt - Land & Notice
97
2020-06-17 BoCC Hearing Exhibit A6 - K DeLashmutt - Extent. of Wtr Rights Permit
96
2020-06-17 BoCC Hearing Exhibit A7 - K DeLashmutt - Other Claims
95
2020-06-17 BoCC Hearing Exhibit B - A Thornburgh - testimony
94
2020-06-17 BoCC Hearing Exhibit C - S Dorsey - Testimony
93
2020-06-17 BoCC Hearing Exhibit D - N Gould -Testimony
92
2020-06-17 BoCC Hearing Exhibit E1 - T Bishop - Cover letter
91
2020-06-17 BoCC Hearing Exhibit E2 - T Bishop - 2019 Eagle Crest Fire
90
2020-06-17 BoCC Hearing Exhibit E3 - T Bishop - 2018 Eagle Crest Fire
89
2020-06-17 BoCC Hearing Exhibit E4 - T Bishop - Greater RDM Wildfire Protect. Plan
88
2020-06-17 BoCC Hearing Exhibit F - Testimony Sign in Sheets
87
2020-06-17 Staff Memo
86
2020-06-16 L Dorsey Comment
85
2020-06-16 K Cody Comments
84
2020-06-16 K Anuta Email RE Summary of Water Facts
83
2020-06-10 DeLashmutt email RE Clock Extension
82
2020-06-10 Staff Power point for Pre -Hearing Worksession
81
2020-06-07 N Gould Comments
80
Staff notes that Board index items beginning at 80 have been renumbered to match submission
order. Former item #80 is now #81 and former item #81 is now #82.
File Nos. 247-19-000405-CU, 406-TP, 407-SMA, 741-A, 757-A Page 11 of 11
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Wednesday Meeting of August 5, 2020
DATE: July 30, 2020
FROM: Erik Kropp, Administrative Services, 541-388-6584
TITLE OF AGENDA ITEM:
Continued Discussion of Deschutes County Vacant Position List
RECOMMENDATION & ACTION REQUESTED:
Board direction on vacant position list.
BACKGROUND AND POLICY IMPLICATIONS:
Staff will update the vacant position list and provide to the Board in advance of the meeting.
FISCAL IMPLICATIONS:
ATTENDANCE: Deputy County Administrator Erik Kropp and HR Director Kathleen Hinman
Date: August 3, 2020
To: Board of County Commissioners
From: Erik Kropp, Deputy County Administrator
Re: Elimination of Vacant Positions
Attached are three separate vacancy reports in preparation for the position elimination discussion
scheduled for your August 5, 2020 Board meeting:
• Report listing the 10.75 positions already eliminated — these positions are highlighted in
green.
• Report listing 12.5 FTEs — positions from an office of an elected official are shaded in blue,
the other positions are shaded in pink/salmon.
• Report listing vacant positions (88.1 FTEs) that are 100% grant funded or are in the
recruitment process in some form. A majority of these positions are Health Services grant
positions and Sheriff s Office positions. None of the positions in this report are shaded.
Finally, below is a table listing FTE numbers in offices with an elected official versus appointed
department heads in relation to the 1.5% identified by the Budget Committee.
FY 20-21 Adopted Budget total FTEs
1,073
1.5% of FTEs
16
Positions Eliminated to date
10.75
RemainingPositions to Eliminate to meet 1.5%
5.25
FY 20-21 Adopted Budget total FTEs
1,073
Total Positons in Elected Offices
359
Total Positions in Departments with an Appointed Dept Heads
714
1.5% of Positions of Appointed Dept. Heads
10.71
c: Tom Anderson, County Administrator
Kathleen Hinman, HR Director
ELIMINATED POSITIONS
Deschutes County Vacancy List as of July 31, 2020
Abbreviations: GF or CGF - County General Funds
OHA - Oregon Health Authority
OHP - Oregon Health Plan
SGF - State Grant Funds
DEPT
Job Class Desc
Position
FTE
Limited
Duration End
RECRUITMENT STATUS HISTORY
Days Unfilled
FUNDING SOURCE
CONSEQUENCE/BUSINESS JUSTIFICATION
PRIORITY
STATUS
DESCRIPTION
Date
911
Dep Dir, 911 Tech Systems
2598
1.0
No Open Request
276
9-1-1 levy
Reallocate FTE to a admin assist position, considerable savings
6
ELIMINATED FY21(7/8/2020)
Position limited by their classification in regards to the types of land use applications assigned and typically provide
5
ELIMINATED FY21
CDD
Assistant Planner
1041
1.0
No Open Request
103
Fees
support to staff in higher classifications.
Position is able to manage controversial land use applications that are more complex, regularly going before a hearings
4
ELIMINATED FY21
CDD
Associate Planner
1035
1.0
No Open Request
13
Fees
officer as well as manage lesser complex applications.
Officers are needed to reduce caseload to increase # of in -home visits, which are directly related to public safety and
cis
Parole & Prob Officer
2742
1.0
No Open Request
FY21 ADD
State Grant
offender compliance. The grant in aid allocation is based in part on the additional time needed to provide evidence based
ELIMINATED FY21(7/8/2020)
practices for the number of offenders County has on supervision
Critical to revised custodial service plan. Vacant position currently used to fund temp staff and contractor. Position is
FACILITIES
custodian
2376
1.0
No Open Request
601
Internal Service Fee Charges
critical to COVID-19 cleaning response. Elimination of the position would result in reduced services or shift of resources
1
ELIMINATED FY21
within Materials & Services from other line items to Custodial Contracting.
Reallocated Custodian position to Project Coordinator in FY21 budget. Project Coordinator position is integral to the
FACILITIES
Project Coordinator
1578
1.0
No Open Request
594
Internal Service Fee Charges
Facilities Dept. capacity to manage capital maintenance work and complete maintenance needs identified in the Capital
2
ELIMINATED FY21(7/8/2020)
Asset Binder for Fund 070.
FAIR
Manager, Administrative
1928
1.0
No Open Request
72
Enterprise Fund/TRT
This position was originally planned to be adjusted/downgraded.
ELIMINATED FY21
Vacant remnant of a previous MA
Service Impact -Admin had planned to increase FTE to 0.5 FTE support position that supports key infrastructure support
2
ELIMINATED FY21
HEALTH
Management Analyst
2632
0.2
9/30/2023
No Open Request
588
position
for PH and BH. FTE provides flexibility when new grants to pay for Admin Services positions
Service Impact - Impact to services and programs: Leaves no FTE for PH to allocate to address emerging needs as they
2
ELIMINATED FY21
HEALTH
Supervisor, Administrative
2480
0.05
No Open Request
366
GF
arise across the PH service area. Future funding often comes during the year
Service Impact -Position is to help divide managerial responsibilities to a more manageable workload. The plan is for this
position to manage:
• 9 person Adult Outpatient Program (AOP) Integrated Care Team (currently managed by Barrett who manages complex
HEALTH
Manager, Behavioral Health Pgrm
1702
1.0
No Open Request
681
OHP, OHA, GF
care teams in three cities)
2
ELIMINATED FY21
• 10 person, high volume client BH Access Team (currently Holly Harris who is also managing the stabilization center)
• Grant Metrics and Monitoring (currently shared amongst all managers)
Road Fund (primarily State Highway
The Road Department operates with the minimum number of staff required to deliver core services. Elimination of
1
ELIMINATED FY21
ROAD
PW Equipment Operator
1518
1.0
On -hold due to hiring freeze
112
Fund)
Operator Positions will decrease the levels of service in our chip seal program and snow/ice operational response.
SOLID WASTE
Landfill Site Attendant
1556
0.5
No Open Request
1930
Solid Waste Funds
Added position rather than using seasonal labor.
ELIMINATED FY21
Currently using a contract operator to fill this roll due to economic uncertainty. Can only use contract operator seasonally.
SOLID WASTE
PW Equipment Operator
1540
1.0
No Open Request
223
Solid Waste Funds
Could eliminate position and work shorthanded through winter, but will need FTE next spring unless operations are
ELIMINATED FY21 (7/8/2020)
educed.
TOTAL ELIMINATED FTE 10.75
KEY
Other positions
Elected Official Positions
Eliminated Positions
Page 1 of 1
VACANT POSITIONS
Deschutes County Vacancy List as of July 31, 2020
Abbreviations: GF or CGF - County General Funds
OHA - Oregon Health Authority
OHP -Oregon Health Plan
SGF - State Grant Funds
Limited
FUNDING SOURCE
DEPT
Job Class Desc
Position
FTE
Duration End
RECRUITMENT STATUS HISTORY
Days Unfilled
CONSEQUENCE/BUSINESS JUSTIFICATION
PRIORITY
STATUS
DESCRIPTION
Date
911
Manager, 911 Technical Systems
2436
1.0
No Open Request
192
9-1-1 levy
Fill this Manager position in Fall of 2020
5
Vacant
-
Business Justification: As stated in the Budget Committee hearings number of uncertainties exist as to the impact of
COVID-19 on the real estate market and new construction. Current indicators show that no, or very little, slow down has
occurred. We will monitor closely and in the next quarter or two hopefully will have better indicators on impacts and to
the need to fill these two vacant positions. Consequences of not leaving these two positions in the Assessor's FY20/21
budget is the loss of the entire Dept. of Revenue A&T grant with means around a $1 million dollar reduction in these
Approx. 80%general fund remainder
'
revenues for this year. The BoCC approved resolution #2020-018 on .4-22-20 where they state in Section 1. County
ASSESSOR
Property Appraiser II
2584
1.0
No Open Request
707
primarily from Dept. Revenue
agrees to appropriate the budgeted dollars based on 100 percent of the expenditures certified in the grant application in
1
Elected Official
Assessment and Taxation
ti on Grant
the amount of $6,752,896 the total expenditure amount for consideration in the grant. If 100 percent of the expenditures
is not appropriated or the county is out of compliance with the laws referred to in the recitals, no grant shall be made to
the county for the quarter in which the county is out of compliance. The Oregon Department of Revenue's acceptance
letter restates this requirement and further states Any reduction in the dollar appropriation or any other resource
restriction will result in loss of grant money.
Business Justification: As stated in the Budget Committee hearings a number of uncertainties exist as to the impact of
COVID-19 on the real estate market and new construction. Current indicators show that no, or very little, slow down has
occurred. We will monitor closely and in the next quarter or two hopefully will have better indicators on impacts and to
the need to fill these two vacant positions. Consequences of not leaving these two positions in the Assessor's FY20/21
budget is the loss of the entire Dept. of Revenue A&T grant with means around a $1 million dollar reduction in these
Approx. 80%general fund remainder
revenues for this year. The BoCC approved resolution #2020-018 on 4-22-20 where they state in Section 1. County.
ASSESSOR
Property Data Specialist III
2452
1.0
No Open Request.
Resignation 7/28/2020
primarily from Dept. of Revenue
agrees to appropriate the budgeted dollars based on 100 percent of the expenditures certified in the grant application in
*`NEW** Vacant- Elected Official
'.
Assessment and Taxation Grant
the amount of $6,752,895 the total expenditure amount for consideration in the grant. If 100 percent of the expenditures
is not appropriated or the county is out of compliance with the laws referred to in the recitals, no grant shall be made to
the countyfor the quarter in which the county is out of compliance. The Oregon Department of Revenue's acceptance
letter restates this requirement and further states Any reduction in the dollar appropriation or any other resource
restriction will result in loss of grant money.
Both positions are created by vacancies and internal transfers. The need is based on permitting volumes. Please note that
CDD
Assistant Planner
TBD
1.0
HOLD recruitment 7/31/2020
Internal promotion to
Fees
this is the 4m planner that has left CDD since September, three of which were not replaced (Jacob Ripper, Nicole Mardell,
1
**NEW" Vacant
Associate Planner
and Izze Liu).
Retirement delayed until
Building permit volumes remain steady and we continue to hear of future development, which may require this position
New vacancy due to
CDD
Building Safety Inspector III
1078
1.0
No Open Request
spring 2021
Fees
to be filled. Analysis will be performed before requesting recruitment. We will utilize retiree as on -call, if available.
resignation
Vacant
Community Justice Officers (CJO) are needed to supervise Medium and High risk caseloads and utilize an evidence -based
CJ$
Community Justice Officer -Juvenile
1454
1.0
No Open Request
Resignation 6/30/20
General Fund
practice (EBP) supervision model that creates community safety through behavior change. CJOs provide supervision to
New vacancy due to
Vacant
those juveniles most likely to criminally reoffend. Public safety would be jeopardized and youth recidivism risk increased
resignation
without sufficient CIO resources to deliver EBP supervision model the County has in place.
Position reallocated to lower cost Spec I in Proposed FY 2021 budget. HVAC Spec III position was left vacant while
exploring potential of contracting a portion of the HVAC repair work and resources used to fund HVAC contracting. The
FACILITIES
Maintenance Specialist I
2435
1.0
No Open Request
6/14/2019
Internal Service Fee Charges
reallocated Spec I position is critical to increasing the department's general maintenance capacity which is needed due to
1
Vacant
increased square footage and age of facilities. It is critical to general building maintenance (work orders) and grounds
upkeep. The snow removal team is currently missing a team member for the downtown campus. This past winter that
position was filled with temp labor.
No Open Request
FY21 ADD
Road Fund (primarily State HighwayFund)
This position was approved for FY 21 by the Budget Committee to support the Fleet and Operations Division Managers.
1
Vacant
ROAD
PW Accounting Clerk
2740
1.0
Road Fund (primarily State Highway
The Road Department operates with the minimum number of staff required to deliver core services. Elimination of
ROAD
PW Equipment Operator
1515
1.0
No Open Request
14
Fund)
Operator Positions will decrease the levels of service in our chip seal program and snow/ice operational response.
1
Vacant
This position provides the expertise and management of the Department's Vegetation Management Program, both within
ROAD
Supervisor, Vegetation Mgmt
1602
1.0
No Open Request
Resignation 11/30/20
Road Fund, plus contracted work with
rights -of -way, but also in association with the County's Weed District. Many local, state and federal agencies partner
New vacancy due to
Vacant
local, state and federal agencies.
(contract) with, and therefore rely upon the County to provide expertise and eradication services, making this position
resignation
very important and a high priority.
This position is on one of the most productive and busiest teams in the Adult Outpatient Program, which currently has
very high caseloads and is booked out until mid -August for new client appointments. This is a direct service position
HS- Program
generating Fee for Service revenue. This fills a vacancy of the Substance Use Disorder Specialist for the program and is
HS26640G - .40fte Community Behavioral
6640
integral in providing core services in our revenue generating DUII (Driving Under the Influence of Intoxicants) program.
HEALTH
Behavioral Health Specialist II, LIC
2290
1.0
Recruitment Auth. received, HOLD for next review. - 7/23/2020
Resignation 8/21/2020
Health/Substance Abuse
This role is critical for ensuring that we are meeting contractual state care timelines for our DUII program. Provides an
HSOTHER - .60fte
expert in addiction assessment and treatment to perform assessments on clients with SUDS Disorders and court
mandates.
Page 1 of 2
TOTAL VACANT FTE 12.50
KEY
Other positions
Elected Official Positions
Eliminated Positions
VACANT POSITIONS
Deschutes County Vacancy List as of July 31, 2020
Abbreviations: GF or CGF- County General Funds
OHA - Oregon Health Authority
OHP - Oregon Health Plan
SGF - State Grant Funds
Page 2of2
IN PROCESS AND FILLED POSITIONS Abbreviations: GF or CGF- County General Funds
OHA -Oregon Health Authority
Deschutes County Vacancy List as of July 31, 2020 OHP - Oregon Health Plan
SGF - State Grant Funds
Limited
FUNDING SOURCE
DEPT
Job Class Desc
Position
FTE
Duration End
RECRUITMENT STATUS HISTORY
Days Unfilled
CONSEQUENCE/BUSINESS JUSTIFICATION
PRIORITY
STATUS
DESCRIPTION
Date
911
9-1-1 Call Taker
2690
1.0
Offer to candidate approved - 7/31/2020
193
9-1-1 levy
Interview in process, Sit along next- Start Sept
3
Offer made to candidate
911
Public Safety Dispatcher II
1671
1.0
Reallocated to 9-1-1 Call Taker #2763
140
9-1-1 levy
A Call taker is slated to move into this position for training in July, and will be back filled by a 9-1-1 Call Taker
4
Reallocated 7/28/2020
911
9-1-1 Call Taker
2763
1.0
Offer to candidate approved - 7/31/2020 (Reallocated from
1
9-1-1 levy
Offer made to candidate
Public Safety Dispatch r II #1671)
911
9-1-1 Call Taker
1346
1.0
Offer to candidate approved - 7/31/2020
139
9-1-1 levy
Interview in process, Sit along next- Start Sept
2
Offer made to candidate
911
Supervisor, 911
2471
1.0
Recruitment approved 7/31/2020
20
9-1-1 levy
Need to fill position ASAP, will temporarily work a Telecommunicator out of class until regular recruitment can occur.
1
Active Recruitment
Business Justification: As stated in the Budget Committee hearings a number of uncertainties exist as to the impact of
COVID-19 on the real estate market and new construction. Current indicators show that no, or very little, slow down has
occurred. We will monitor closely and in the next quarter or two hopefully will have better indicators on impacts and to
the need to fill these two vacant positions. Consequences of not leaving these two positions in the Assessor's FY20/21
budget is the loss of the entire Dept. of Revenue A&T grant with means around a $1 million dollar reduction in these
ASSESSOR
Property Data Specialist III
2451
1.0
Offer approved 7/29/2020 - HOLD due to hiring
301
Approx. 80%general fund remainder
primarily from Dept. of Revenue
revenues for this year. The BoCC approved resolution #2020-018 on 4-22-20 where they state in Section 1. County
1
Offer made to candidate -Elected Official
freeze/reallocate to Property Data Specialist II
agrees to appropriate the budgeted dollars based on 100 percent of the expenditures certified in the grant application in
Assessment and Taxation Grant
the amount of $6,751,896 the total expenditure amount for consideration in the grant. If 100 percent of the expenditures
is not appropriated or the county is out of compliance with the laws referred to in the recitals, no grant shall be made to
the county for the quarter in which the county is out of compliance. The Oregon Department of Revenue's acceptance
letter restates this requirement and further states Any reduction in the dollar appropriation or any other resource
restriction will result in loss of grant money.
Code Enforcement Specialist
2334
1.0
Active & In Process (approved 7/10/2020)
104
Fees
Complaints have increased 13%when compared to the same time period last fiscal year and are increasing in complexity
1
Active Recruitment
CDD
requiring additional collaboration. The fourth positon on this team is viewed as critical.
Both positions are created by vacancies and internal transfers. The need is based on permitting volumes. Please note that
CDD
Associate Planner
1033
1.0
Request to hire out Of previous Internal Only recruitment.
Resignation 8/7/2020
Fees
this is the 4m planner that has left CDD since September, three of which were not replaced (Jacob Ripper, Nicole Mardell,
1
'• NEW' Offer made to candidate
Approved 7/31/2020
and Izze Liu).
Resignation
Building permit volumes remain steady and we continue to hear of future development, which may require this position
CDD
Building Safety Inspector III
1079
1.0
Active & In Process (approved 7/10/2020)
6/30/2020
Fees
to be filled. Analysis will be performed before requesting recruitment.
Active Recruitment
Officers are needed to reduce caseload to increase # of in -home visits, which are directly related to public safety and
Comm Justice
Parole & Prob Officer
2741
1.0
No Open Request
FY21 ADD
State Grant
offender compliance. The grant in aid allocation is based in part on the additional time needed to provide evidence based
FY21 Budget Add
Vacant- 100%Grant
practices for the number of offenders County has on supervision
This position is funded by a grant from the United States Department of Justice's Office of Violence Against Women
office. The grant pays in full (PERS, benefits, etc.) for .9 of a full-time FTE investigator who works on crimes of domestic
violence. Local law enforcement agencies pay for the remaining .1 cost of this 1.0 FTE position.
This investigator position is one piece of a larger grant award that includes Saving Grace being funded for a .5 FTE
position. If the investigator position in the DA's office is not filled, we would be out of compliance with the grant
Grant Funded Position
program and risk losing the Saving Grace position.
pA
Investigator
2621
1.0
10/30/2021
No Open Request
Resignation
2018-WE-AX-0030
With two domestic violence murders in Deschutes County this month, now is not the time to reduce services to prevent
Vacant - 100% Grant -Elected Official
7/24/2020
crimes of domestic violence.
Position is critical to maintenance activities at Sheriff's Office Substations, Juvenile Detention, 9-1-1 Dispatch, Oregon
FACILITIES
Maintenance Specialist II
2429
1.0
Filled 7/27/2020 -Offered 7/20/20 -Offer approved 7/16/20
Resignation
Internal Service Fund Charges
State Police, Health Services, State Courts and other critical facilities. The unfilled position would result in slower
1
Filled 7/27/2020
6/30/2020
response times, lessened capacity for emergency response, and deferred maintenance.
Critical to revised custodial service plan. Vacant position currently used to fund temp staff and contractor. Position is
FACILITIES
Custodian
2373
1.0
Offer approved - 7/16/2020 - Recruitment approved 7/2/2020
462
Internal Service Fee Charges
critical to COVID-19 cleaning response. Elimination of the position would result in reduced services or shift of resources
1
Offer made to candidate
within Materials & Services from other line items to Custodial Contracting.
Budgeted in FY21
The position an integral component of building the County's annual budget and coordinating departmental budget
FINANCE
Budget Manager
2323
1.0
Recruitment approved - 6/30/2020
Resignation
7/10/2020
Funded from ISF fees
updates during the year, providing decision support analysis to County administration and the Board of County
Active Recruitment
Commissioners.
Page 1 of 6
IN PROCESS AND FILLED POSITIONS
Deschutes County Vacancy List as of July 31, 2020
Abbreviations: GF or CGF -County General Funds
OHA - Oregon Health Authority
OHP - Oregon Health Plan
SGF - State Grant Funds
Limited
DEPT
Job Class Desc
Position
FTE
Duration End
RECRUITMENT STATUS HISTORY
Days Unfilled
FUNDING SOURCE
CONSEQUENCE/BUSINESS JUSTIFICATION
PRIORITY
STATUS
DESCRIPTION
Date
Service Impact -Key front desk position needed at high volume Wall Street Services. Impacts client services and front desk
HEALTH
Admin Support Technician
2231
1.0
4/30/2022
Filled effective 9/30/2020 due to CCBHC.
98
OHP, SGF, CGF, some CCHBC Demo funds
coverage. Were waiting to post as other FD and Admin Support positions were moved around to different
1
Filled 9/30/2020
teams/locations. CARMEN SALAZAR has retreat rights into this position.
Health Care providers, including Behavioral Health providers, show up as essential workers in both federal and state
guidance. These positions support our South County clinic which serves one of our most vulnerable communities in terms
Demonstration,
of income and acuity level of community members and the lack of existing comparable services. There are almost no
New vacancy due
HEALTH
Behavioral Health Specialist II
2046
1.0
Filled 9/1/2020 -Offer approved 7/23/2020 - Offer on HOLD
Resignation 6/15/20
OHP, CCBHC CGF, OHA
panel providers in LaPine, so the CMHP via our South County office is all that's available for residents without travel to
Filled 9/1/2020
7/2/2020
State Dollars
Bend, which many cannot afford. These direct service positions generate Fee for Service revenue and CCBHC PPS revenue
to resignation
—They average $95,000 annually in revenue generating capability. While this revenue does not cover all of their costs, it
ensures we are able to maintain service levels without additional burden on other funding sources.
Vacating employee - Megan West, this position supports our Integrated Care Team at the Courtney Clinic which serves
adults with Serious and Persistent Mental Illness, Substance Use and Trauma Disorders. Clinicians on this team have very
large caseloads (up to 70 individuals) and this team has the longest wait in the agency for first treatment appointments.
HEALTH
Behavioral Health Specialist II
2321
1.0
Recruitment approved 7/29/2020
Resignation 9/1/2020
OHP, SGF, CGF, some CCHBC Demo funds
This position generates Fee for Service revenue and CCBHC PPS revenue —They average $95,000 annually in revenue
Active Recruitment
generating capability. While this revenue does not cover all of their costs, it ensures we are able to maintain service
levels without additional burden on other funding sources. Leaving these positions vacant has significant service impacts
for the community and fiscal impacts for the agency.
Vacating employee - Elizabeth Smith This is an MCAT Position with direct impacts on the life and safety of individuals in
New due
HEALTH
Behavioral Health Specialist II
1815
1.0
Recruitment approved
Resignation
OHP, CCBHC Demonstration, CGF, OHA
Crisis. Position supports the Deschutes County Stabilization Center. Vacancies impact response time and direct safety of
vacancy
Active Recruitment
6/19/2020
State Dollars
individuals.
to resignation
vacating employee -Steven Harris This position is the only Veteran Specialist BH. Hasa specific role in terms of liaising
HEALTH
Behavioral Health Specialist II
2036
1.0
Offer Approved 7/23/2020
Resignation 6/9/2020
OHP, SGF, CGF, some CCHBC Demo funds
with Veteran Serving entities. Provides direct service to high risk veterans with significant mental illness and co-occurring
1
Offer made to candidate
substance use and/or physical health conditions. Position is revenue generating and averages 95,000 annually in fee for
service and CCBHC Wrap payment revenue.
vacating employee -Martin Gillette (This is the only licensed member of the Access Team. Position completes intake and
Recruitment cancelled per Dept. Request 7/31/2020 - HOLD for
Assessment at SoCo and county -wide to ensure Medicare population can receive intake services that are covered by
New vacancy due
HEALTH
Behavioral Health Specialist II
2287
1.0
next review 7/22/2020
Resignation 6/30/20
OHP, SGF, CGF, some CCHBC Demo funds
Medicaid. Revenue generating position. These positions are also responsible for ensuring BH meets it's access to care
to resignation
timelines which has a fiscal impact in terms of contract withhold.)
Health Care providers, including Behavioral Health providers, show up as essential workers in both federal and state
guidance. These positions support our South County clinic which serves one of our most vulnerable communities in terms
of income and acuity level of community members and the lack of existing comparable services. There are almost no
HEALTH
Behavioral Health Specialist II
2701
1.0
Filled 7/20/20 -Offer approved 7/9/20
Resignation
OHP, SGF, CGF, some CCHBC Demo funds
panel providers in LaPine, so the CMHP via our South County office is all that's available for residents without travel to
Filled 7/20/2020
6/12/2020
Bend, which many cannot afford. These direct service positions generate Fee for Service revenue and CCBHC PPS revenue
—They average $95,000 annually in revenue generating capability. While this revenue does not cover all of their costs, it
ensures we are able to maintain service levels without additional burden on other funding sources.
Health Care providers, including Behavioral Health providers, show up as essential workers in both federal and state
guidance. These positions support our South County clinic which serves one of our most vulnerable communities in terms
of income and acuity level of community members and the lack of existing comparable services. There are almost no
HEALTH
Behavioral Health Specialist II
2711
1.0
Filled 7/20/20 -Offer approved 7/9/20
Resignation
OHP, SGF, CGF, some CCHBC Demo funds
panel providers in LaPine, so the CMHP via our South County office is all that's available for residents without travel to
Filled 7/20/2020
6/12/2020
Bend, which many cannot afford. These direct service positions generate Fee for Service revenue and CCBHC PPS revenue
—They average $95,000 annually in revenue generating capability. While this revenue does not cover all of their costs, it
ensures we are able to maintain service levels without additional burden on other funding sources.
HEALTH
Behavioral Hlth Spec II, Lic
2644
1.0
Filled 7/22/20 -Offer approved 6/29/20
22
OHP, OHA, GF
Revenue Generating Position- Serves MCAT and is part of the Crisis Team - Revenue Generating position and provides
1
Filled 7/22/2020
required services.
Page 2 of 6
IN PROCESS AND FILLED POSITIONS
Deschutes County Vacancy List as of July 31, 2020
Abbreviations: GF or CGF - County General Funds
OHA - Oregon Health Authority
OHP - Oregon Health Plan
SGF - State Grant Funds
Limited
DEPT
Job Class Desc
Position
FTE
Duration End
RECRUITMENT STATUS HISTORY
Days Unfilled
FUNDING SOURCE
CONSEQUENCE/BUSINESS JUSTIFICATION
PRIORITY
STATUS
DESCRIPTION
Date
Position is revenue generating:
• Accurate credentialing of clinical staff is an essential, required function to receive payment from all insurance payers,
including Medicaid which is our largest payer
-This position annually supports 160+clinical staff including the onboarding of new staff. Workload is high volume and
Recruitment approved 7/31/2020 - HOLD recruitment
Resignation
Internal Service Charges Paid by BH and
very detail oriented to meet ridged insurance requirements.
New vacancy due
Active Recruitment
HEALTH
Credentialing Specialist
2372
1.0
7/23/2020
11/3/2020
PH
Position is unique and specialized:
to resignation
• There is one Credentialing Specialists supporting the entire Department (BH and PH). .
• This position manages a significant amount of highly sensitive information —employee SSNs, DOBs, criminal background
check results — so spreading work amongst existing staff puts confidential employee data at risk
HEALTH
Environmental Health Specialist 11
2734
1.0
6/30/2021
Filled 7/27/2020 - Offer approved 7/10/20
FY21 ADD
COVID Response/Backfill
Backfill of EHS II position assigned to COVID-19 response.
FY21 Budget Add
Filled 7/27/2020
This position will provide department -wide expertise in developing and implementing public health communications and
evidence -based strategies proven to lead to behavior change. This expertise, as well as the behavior change
communication, strategies and tools, is also essential in addressing growing trends in vaccine hesitancy and risk taking
behaviors (e.g. unsafe sex, physical inactivity, substance abuse, etc.). This position will continue to provide contract
New vacancy due
HEALTH
Management Analyst
2520
1.0
Recruitment approved - 7/2/2020
Resignation 7/1/2020
HSPHGENF.RAL & HSPREVENTION FUNDS
management and oversight for a unique set of community contracts funded by the county and not currently managed by
to resignation
Active Recruitment
anyone else in the county. The funding we receive for this position is to support the community grant/contract
management for 13+grants. A critical time for those Grant's is the first quarter of the fiscal year (which is now) when the
work plans and budgets are negotiated and contracts are set up. If we wait, these 13 non -profits will not receive their
payments for service, creating a challenge for those agencies already operating on a thin margin due to COVID.
HEALTH
Psychiatric Nurse Practitioner
1618
0.5
Recruitment approved
13
OHP, SGF, CGF, some CCHBC Demo funds
Revenue generating position Service Impact. Open recruitment for child NP - critical for child services
1
Active Recruitment
No Savings - Due to difficulty recruiting a full time Psychiatrist, the dollars that would have paid for this position have
Recruitment and offer approved 7/29/2020 - HOLD recruitment
892
OHP, SGF, CGFsome CCHBC Demo funds
been used each year for tele-med psychiatry. Eliminating this position is NOT a savings and results in significant impact to
1
Active Recruitment
HEALTH
Psychiatrist
2681
1.0
7/2/2020
,
teams from reduced psychiatric services. There is a current psychiatrist interested and in recruitment. The position is
revenue generating.
HEALTH
Public Health Nurse II
2615
1.0
Filled 8/3/20 - Offer approved 6/29/20
COMMDIS
COVID Position required as part of reopening compliance, also all other communicable disease prevention services
Filled 8/3/2020
HEALTH
Public Health Educator II
2733
1.0
6/30/2021
Offer approved 7/17/20 - Reallocated from Public Health Nurse
FY21 ADD
COVID GF - FY21 BUDGET
COVID Response
FY21 Budget Add
Offer made to candidate
Service impact- High impact to services and program compliance: WIC is mandated to have a Registered Dietitian (RD) to
serve high -risk clients (i.e. hypertension, gestational diabetes, failure -to -thrive, etc.). RD is also required for coordination
HEALTH
Registered Dietician
2469
0.6
Recruitment approved 7/29/2020
42
Position funded by 66% OHA grant and
of care with medical providers and to train WIC staff to assure appropriate nutrition counseling and care. 3) Impact to
1
Active Recruitment
34% General Fund.
Program: WIC RD FTE was already reduced by 0.10 FTE in FY21 to balance PH budget. If this FTE is cut, will have only 1
remaining 0.60 FTE RD to serve over 3,400 WIC clients.
COVID has significantly depleted what little PH admin support was available while at the same time it has resulted in an
increased demand on PH management's time for administrative level tasks. This position will help address added COVID
related needs and requirements: 1) Coordinating seven days/week staffing schedules for contact tracing and case
HEALTH
Admin Assistant
TBD
1.0
12 months
Recruitment approved 7/23/2020
Resolution #2020-045
OHA described in amendment #11 of the
investigation; 2) Facilitating paperwork needs for ARIAS and Opera access; 3) Delivering resources to contacts of cases
Active Recruitment - 100% Grant
2019 IGA for financing of PHS
(i.e. masks and thermometers; 4) Contacting recovered cases to provide information about convalescent antibody plasma
donations; 5) Assisting team with COVID outreach including testing and vaccination; 6) As needed, assisting with crowd
management, paperwork, delivery of specimens to lab, run copies of forms, etc.
HEALTH
Admin Support Specialist
2230
1.0
4/30/2022
No Open Request
Position Transfer
6/1/2020
1
HEALTH
Behavioral Health Specialist 1
2738
1.0
4/30/2022
Recruitment approved 7/29/2020
FY21 ADD
CCBHC Expansion Grant
No Savings - accrued as grant funded position. Results in reduced services to clients & non-compliance with federal grant
1
Active Recruitment - 100% Grant
HEALTH
Behavioral Health Specialist I
1847
1.0
4/30/2022
Offer approved 7/31/2020
Position Transfer10/31/2019
Existing CCBHC Expansion Grant position
No Savings -accrued as grant funded position. Results in reduced services to clients &non-compliance with federal grant.
1
Offer made to candidate - 100% Grant
Page 3 of 6
IN PROCESS AND FILLED POSITIONS
Deschutes County Vacancy List as of July 31, 2020
Abbreviations: GF or CGF- County General Funds
OHA - Oregon Health Authority
OHP - Oregon Health Plan
SGF - State Grant Funds
Limited
DEPT
Job Class Desc
Position
FTE
Duration End
RECRUITMENT STATUS HISTORY
Days Unfilled
FUNDING SOURCE
CONSEQUENCE/BUSINESS JUSTIFICATION
PRIORITY
STATUS
DESCRIPTION
Date
Position is associated with the Crisis Stabilization Center. No savings if not filled. Will work in conjunction with the CSC,
Law Enforcement and courts to attempt to divert individuals with Severe Mental Illness and frequent contacts with law
HEALTH
Behavioral Health Specialist I
TBD
1.0
6/30/2022
Recruitment approved 7/22/20
Resolution # 2020-
IMPACTS Grant
enforcement and jail further involvement with criminal justice system and languishing in the jail. Intent is to provide
1
Active Recruitment - 100% Grant
O50
individuals with intensive support/ treatment to stabilize them, connect them with ongoing treatment and divert them
from Aid and Assist caseload (which has increased by 150% in the last 6 months) and criminal justice system.
No Savings - Grant funded. BHS II, LIC Position 2164 recently converted to BH Supervisor with BOCC approval. No savings
Closed position, reallocate to BH Supervisor (#2762)
HEALTH
Behavioral Health Specialist II, Lic
2164
1.0
4/30/2022
Closed position, reallocate to BH Supervisor (#2762) 7/10/2020
209
Existing CCBHC Expansion Grant position
if eliminated. Impacts client services to Aid and Assist (A&A) population and non-compliance with federal grant. BS II
7/10/2020 - 100% Grant
converted to BH Supv with a new limited duration end date of April 30, 2022.
No savings -grant funded. Loss of position equals inability to expand Crisis Center hours. Also revenue generating -
1
Offer made to candidate - 100% Grant
HEALTH
Behavioral Health Specialist II, Lic
2715
0.6
4/30/2021
Offer approved 7/20/2020
41
Central OR Health Council Grant
elimination = loss of OHP revenue.
No savings - grant funded. Loss of position equals inability to expand Crisis Center hours. Also revenue generating -
1
Offer made to candidate - 100% Grant
HEALTH
Behavioral Health Specialist II, Lic
2716
0.6
4/30/2021
Offer approved 7/29/2020
41
Central OR Health Council Grant
elimination = loss of OHP revenue.
No Savings accrued as grant funded position. Results in reduced services to clients & non-compliance with federal grant.
1
Filled 7/1/2020 - 100% Grant
HEALTH
Behavioral Health Specialist II, Lic
2736
1.0
4/30/2022
Filled 7/1/2020
FY21 ADD
CCBHC Expansion Grant
Position addresses critical community need. Crisis Team supports Stabilization Center work
Resolution # 2020-
No savings - grant funded. Loss of position equals inability to expand Crisis Center hours. Also revenue generating -
1
Active Recruitment - 100% Grant
HEALTH
Behavioral Health Specialist II, LIC (Day Shift)
TBD
1.0
6/30/2022
Recruitment approved 7/27/2020
050
IMPACTS Grant
elimination =loss of OHP revenue
Resolution # 2020-
No savings - grant funded. Loss of position equals inability to expand Crisis Center hours. Also revenue generating -
1
Active Recruitment - 100% Grant
HEALTH
Behavioral Health Specialist II, LIC (Night Shift)
TBD
1.0
6/30/2022
Recruitment approved 7/27/2020
050
IMPACTS Grant
elimination =loss of OHP revenue
Resolution # 2020-
No savings - grant funded. Loss of position equals inability to expand Crisis Center hours. Also revenue generating -
1
Active Recruitment - 100% Grant
HEALTH
Behavioral Health Specialist II, LIC (Night Shift)
TBD
1.0
6/30/2022
Recruitment approved 7/27/2020
050
IMPACTS Grant
elimination = loss of OHP revenue
Behavioral Health Specialist II, LIC (Weekend
TBD
0.6
6/30/2022
Recruitment approved 7/27/2020
Resolution # 2020-
MPACiS Grant
No savings - grant funded. Loss of position equals inability to expand Crisis Center hours. Also revenue generating -
1
Active Recruitment-100%Grant
HEALTH
Night Shift)
050
elimination =loss of OHP revenue
HEALTH
Behavioral Health Specialist II, LIC (Weekend
78D
0.6
6/30/2022
Recruitment approved 7/27/2020
Resolution # 2020-
IMPACTS Grant
No savings - grant funded. Loss of position equals inability to expand Crisis Center hours. Also revenue generating -
1
Active Recruitment- 100% Grant
Night Shift)
050
elimination =loss of OHP revenue
Recruitment approved 7/25/2020 (realocation of position #
No Savings accrued as grant funded position. Results in reduced services to clients & non-compliance with federal grant.
1
Active Recruitment - 100% Grant
HEALTH
Behavioral Health Supervisor
2762
1.0
4/30/2022
2164)
CCBHC Expansion Grant
Position addresses critical community need.
HEALTH
Behavioral Health Technician
2714
0.5
4/30/2021
Filled 7/27/20 - Offered 7/20/2020
41
Central OR Health Council Grant
No savings - grant funded. Loss of position equals inability to expand Crisis Stabilization Center hours.
1
Filled 7/27/2020 - 100% Grant
Resolution #2020-
No savings - grant funded. Loss of position equals inability to expand Crisis Center hours. Also revenue generating -
1
Active Recruitment - 100% Grant
HEALTH
Behavioral Health Technician (Night Shift)
TBD
1.0
6/30/2022
Recruitment approved 7/22/20
050
IMPACTS Grant
elimination =loss of OHP revenue
HEALTH
Behavioral Health Technician (Weekend Night
TBD
0.6
6/30/2022
Recruitment approved 7/22/20
Resolution #2020-
IMPACTS Grant
No savings - grant funded. Loss of position equals inability to expand Crisis Center hours. Also revenue generating -
1
Active Recruitment - 100% Grant
Shift)
050
elimination= loss of CHIPrevenue
No Savings accrued as grant funded position. Results in reduced services to clients & non-compliance with federal grant.
1
Offer made to candidate - 100% Grant
HEALTH
Comm Health Specialist II
2739
1.0
4/30/2022
Offer approved 7/29/2020
FY21 ADD
CCBHC Expansion Grant
Position addresses critical community need.
HEALTH
Language Access Coordinator
2735
1.0
4/30/2022
Offer approved 7/23/20
FY21 ADD
CCBHC Expansion Grant
No Savings - accrued as grant funded position. Results in reduced services to clients & non-compliance with federal grant.
1
Offer made to candidate - 100% Grant
No Savings accrued (grant funded). Required Grant Evaluator position -results in non-compliance with federal grant. H5
1
Active Recruitment - 100% Grant
HEALTH
Management Analyst
1916
1.0
4/30/2022
Recruitment approved
131
CCBHC Expansion Grant
Admin division.
Position is associated with the Crisis Stabilization Center. No savings if not filled. Will work in conjunction with the CSC,
Law Enforcement and courts to attempt to divert individuals with Severe Mental Illness and frequent contacts with law
HEALTH
Peer Support Specialist
TBD
1.0
6/30/2022
Recruitment approved 7/22/20
Resolution # 2020-
IMPACTS Grant
enforcement and jail further involvement with criminal justice system and languishing in the jail. Intent is to provide
1
Active Recruitment - 100% Grant
O50
individuals with intensive support/ treatment to stabilize them, connect them with ongoing treatment and divert them
from Aid and Assist caseload (which has increased by 150% in the last 6 months) and criminal justice system.
HEALTH
Peer Support Specialist
2719
0.5
4/30/2021
Offer approved 7/29/2020
41
Central OR Health Council Grant
No savings - grant funded. Loss of position equals inability to expand DCSC hours. Also revenue generating - elimination =
1
Offer made to candidate - 100% Grant
loss of OHP revenue
HEALTH
Peer Support Specialist
2737
1.0
4/30/2022
Offer approved 7/23/20
FY21 ADD
CCBHC Expansion Grant
No Savings - accrued as grant funded position. Results in reduced services to clients & non-compliance with federal grant.
1
Offer made to candidate - 100% Grant
No savings - grant funded. Loss of position equals inability to expand DCSC hours. Also revenue generating - elimination =
HEALTH
Peer Support Specialist
2625
1.0
9/30/2023
Recruitment approved 7/29/2020
11
COHC Grant
loss of OHP revenue
1
Active Recruitment - 100% Grant
HEALTH
BH Supervisor
TBD
1.0
8/30/2024
Recruitment approved 7/29/2020
Resoluti0o4n9#2020-
SAMSHA Grant
Active Recruitment -100%Grant
HEALTH
Clinical Information Systems Analyst
TBD
1.0
8/30/2024
Recruitment approved 7/29/2020
Resolution #2020-
SAMSHA Grant
Active Recruitment - 100% Grant
049
HEALTH
BHS I Care Coordinator
TBD
1.0
8/30/2024
Recruitment approved 7/29/2020
Resolution #2020-
SAMSHA Grant
Active Recruitment - 100% Grant
049
HEALTH
BHS I Care Coordinator
TBD
1.0
8/30/2024
Recruitment approved 7/29/2020
Resolution #2020-
SAMSHA Grant
Active Recruitment -100%Grant
049
Page 4 of 6
IN PROCESS AND FILLED POSITIONS
Deschutes County Vacancy List as of July 31, 2020
Abbreviations: GF or CGF - County General Funds
OHA - Oregon Health Authority
CHIP -Oregon Health Plan
SGF - State Grant Funds
Limited
DEPT
Job Class Desc
Position
FTE
Duration End
RECRUITMENT STATUS HISTORY
Days Unfilled
FUNDING SOURCE
CONSEQUENCE/BUSINESS JUSTIFICATION
PRIORITY
STATUS
DESCRIPTION
Date
HEALTH
BHS I Care Coordinator
TBD
1.0
8/30/2024
Recruitment approved 7/29/2020
Resolutiion #2020-
SAMSHA Grant
Active Recruitment - 100% Grant
049
HEALTH
Peer Support Specialist
TBD
1.0
8/30/2024
Recruitment approved 7/29/2020
Resolution #2020-
SAMSHA Grant
Active Recruitment - 100% Grant
049
HEALTH
Peer Support Secialist
TBD
1.0
8 30 2024
Recruitment approved? 29 2020
Resolution #2020-
SAMSHA Grant
Active Recruitment -100%Grant
HEALTH
Peer Support Specialist
TBD
1.0
8/30/2024
Recruitment approved 7/29/2020
Resolut04n9#2020-
SAMSHA Grant
Active Recruitment - 100% Grant
HEALTH
Public Health Nurse II
1650
1.0
4/30/2022
Filled 7/21/20 - Offer approved 7/2/2020
30
CCBHC
No Savings - accrued as grant funded position. Results in reduced services to clients & non-compliance with federal grant.
Filled 7/21/2020 - 100% Grant
ROAD
Equipment Mechanic
1550
1.0
Recruitment approved - 7/10/2020
Resignation
Fund, but also via internal revenue
maintenance and repairs, as well as prep equipment for the changing seasons. With very little redundancy in personnel
Highest
Active Recruitment
7/17/2020
Filled through
$O
Captain
1087
1.0
Filled with Retiree Rehire
end of year
Filled -Elected Official
$O
Corrections Deputy
2749
1.0
Active recruitment
FY21 ADD
Active recruitment - Elected Official
$O
Corrections Deputy
2694
1.0
6/30/2021
Active recruitment
41
Active recruitment - Elected Official
so
Corrections Deputy
2185
1.0
Active recruitment
224
Active recruitment - Elected Official
$D
Corrections Deputy
1237
1.0
Active recruitment
256
Active recruitment - Elected Official
$O
Corrections Deputy
1231
1.0
Active recruitment
151
Active recruitment - Elected Official
$O
Corrections Deputy
1221
1.0
Active recruitment
49
Active recruitment - Elected Official
$O
Corrections Deputy
1211
1.0
Active recruitment
127
Active recruitment - Elected Official
so
Corrections Deputy
1210
1.0
Active recruitment
224
Active recruitment - Elected Official
$O
Corrections Technician
1270
1.0
Offer made 7/23/2020
151
Offer made to candidate - Elected Official
$O
Corrections Technician
1267
1.0
Active recruitment 7/25/2020
Promotion 9/1/20
Active recruitment - Elected Official
$O
Deputy Sheriff
2745
1.0
Active recruitment
FY21 ADD
Active recruitment - Elected Official
SO
Deputy Sheriff
2744
1.0
Active recruitment
FY21 ADD
Active recruitment - Elected Official
$O
Deputy Sheriff
2743
1.0
Active recruitment
FY21 ADD
Active recruitment - Elected Official
$O
Deputy Sheriff
1171
1.0
Active recruitment
Resignation
Active recruitment -Elected Official
6/24/2020
$O
Deputy Sheriff
1173
1.0
Active recruitment
55
Active recruitment - Elected Official
$O
Deputy Sheriff
1130
1.0
Active recruitment
49
Active recruitment - Elected Official
$o
Deputy Sheriff
1168
1.0
Active recruitment
Resignation 6/30/20
Active recruitment - Elected Official
$O
Detective, Digital Forensics
2748
1.0
Offer made 7/23/2020
FY21 ADD
Offer made to candidate - Elected Official
$O
It Analyst II
2411
1.0
Close position and reallocate to Mechanic (#TBD) 7/24/2020
Resignation7/14/2020
Reallocated to SO Mechanic
$O
Lieutenant
2746
1.0
Filled 7/1/2020
FY21 ADD
Filled 7/1/2020 - Elected Official
$O
Mechanic
2747
1.0
Active recruitment 7/27/2020
FY21 ADD
Active recruitment - Elected Official
Active recruitment 7/27/2020 (reallocated from IT Analyst
Reallocation of
"NEW"Active recruitment -Elected Official
SO
Mechanic
TBD
1.0
#2411)
position #2411
Active recruitment (Internal recruitment reallocating Digital
Active recruitment -Elected Official
so
Sergeant, Digital Forensic
RECLASS
1.0
Forensic Detective (#TBD))
$O
1Corrections Technician
1269
1.0
Active recruitment 7/25/2020
Promotion 9/1/20
Active recruitment - Elected Official
Essential position: performs accounts payable, accounts receivable. Elimination would severely hamper business
Offer made to candidate
SOLID WASTE
Accountant
2206
1.0
Offer approved - 7/28/2020
0
Solid Waste Funds
operations.
TOTAL IN PROCESS or 100% GRANT FUNDED FTE 88.10
Page 5 of 6
IN PROCESS AND FILLED POSITIONS
Deschutes County Vacancy List as of July 31, 2020
Abbreviations: GF or CGF - County General Funds
OHA - Oregon Health Authority
OHP -Oregon Health Plan
SGF - State Grant Funds
DEPT
Job Class Desc
Position
FTE
Limited
Duration End
RECRUITMENT STATUS HISTORY
Days Unfilled
FUNDING SOURCE
CONSEQUENCE/BUSINESS JUSTIFICATION
PRIORITY
STATUS
DESCRIPTION
Date
Page 6 of 6