2020-359-Minutes for Meeting September 21,2020 Recorded 10/19/2020vT E S c�G
BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541 ) 388-6570
Recorded in Deschutes County C J2020_359
Nancy Blankenship, County Clerk
Commissioners',Journal 10/19/2020 3:06:53 PM
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2020-359
BOCC MEETING MINUTES
1:00 PM ONDAY September 21, 2020
Barnes Sawyer rooms
Dive Streamed Video
Present were Commissioners Patti Adair (via Zoom conference call), Anthony DeBone, and Phil
Henderson. Also present were 1-om Anderson, County Administrator; David Doyle, County Counsel (via
Zoom conference call); and Sharon Keith, BOCC Executive Assistant (via Zoom conference call).
Attendance was limited in response to Governor's Virus orders,
CALL TO ORDER: Chair Adair called the meeting to order at 1:00 p.m.
PLEDGE OF ALLEGIANCE
ACTION ITEMS:
1. Discussion on Bio Carbon Solutions Proposal
Director of Solid Waste Operations Timm Schimke presented the discussion
noting that Bio Carbon Solutions is proposing a waste to energy facility in
Deschutes County. Bio Carbon Solutions gave a presentation to the Board
on August 3, 2020 and Mr. Schimke inquired as to how (if) the Board wishes
to proceed further. Commissioner Adair inquired if the company has
experience and has already developed this type of facility in another location.
Mr. Schimke stated that as of today, he is not aware that Bio Carbon
BOCC MEETING SEP'TEMBER 21, 2020 PAGE 1 OF 5
Solutions has actually developed this type of facility. Mr. Schimke believes
that this proposal/facility would be the first.
The Board discussed this type of facility. Commissioner DeBone suggested
this concept be included in future considerations of the Solid Waste
Management Plan. Commissioner Henderson feels a pilot project could be
looked at in the future at possibly the Negus transfer station in Redmond.
Mr. Schimke explained that the design process could take two years.
Commissioner DeBone expressed the need to presently focus on the
decision(s) specific to the future of Knott Landfill prior to considering this
proposal/concept. Mr. Schimke will contact the consultant for a peer review.
2. Consideration to Reallocate On -Call Position to a New FTE in the
Sheriff's Office
Joe Brundage Sheriff's Office Business Manager (via Zoom conference call)
presented the item for consideration noting the position requested is a part
of the background investigations process for new employees in the Sheriff's
Office. This item is included in the form of a resolution on Wednesday's
consent agenda.
3. Consideration of Grant Application for Software and Hardware
Technology for the Sheriff's Office. This item was moved later on the agenda.
4. Consideration of Grant Funding Acceptance for CCBHC Expansion and
Extending FTE in Health Services through Resolution No. 2020-059
Janice Garceau, Health Services and Dan Emerson, Finance (via Zoom
conference call) presented this item explaining the services that would be
provided through the grant funding.
HENDERSON: Move acceptance of grant funding and adopted
Resolution No. 2020-059
BOCC MEETING SEPTEMBER 21, 2020 PAGE 2 OF 5
DEBONE: Second
VOTE: HENDERSON:
DEBONE:
ADAI R:
Yes
Yes
Chair votes yes. Motion Carried
5. Housing Strategies Project Discussion
Community Development Department Planner Tanya Saltzman and Planning
Manager Peter Gutowsky (via Zoom conference call) as well as Community
Development Director Nick Lelack presented the item for discussion.
Commissioner Henderson would like to have a consultant examine the
specific costs associated with housing. Ms. Saltzman reviewed the options to
consider. Presentation attached to the record. Commissioner DeBone sees
the first step as a discussion between the BOCC and the Planning
Commission. Ms. Saltzman will present this item for further discussion
including maps and history of housing developments.
Commissioner Adair excused herself at 3:00 p.m. for another scheduled
appointment.
6. Consideration of Grant Application for Software and Hardware
Technology for the Sheriff's Office
DCSO Sgt. Kent VanderKamp (via Zoom conference call) presented this item
for consideration of a grant application and explained the benefits of the
electronic citation program. This program will also benefit the Circuit Court
(and perhaps Justice Court). The grant award from the Oregon Department
of Transportation would allow funding to the Sheriff's Office in the amount of
$141,000 with the Sheriff's Office funding a required match of $24,838.00.
HENDERSON: Move approval of grant application
DEBONE: Second
BOCC MEETING SEPTEMBER 2.1, 2020 PAGE 3 OF 5
VOTE: HENDERSON: Yes
DEBONE: Vice -Chair votes yes. Motion Carried
ADAIR: Absent, excused.
7. Consideration of Municode for Deschutes County Code Amendments
and Publishing
County Counsel Dave Doyle (via Zoom conference call) presented the item
for information only at this time. Mr. Doyle explained this project of
migrating the county code from its present platform at IT, to the external
platform maintained by Municode, will necessitate that the Commissioners
consider and approve a number of housekeeping (and a few substantive)
amendments to the current code. The current Deschutes County IT platform
is cumbersome and not user friendly. Municode is also the host of the
Deschutes County website. Municode is also being considered for the
electronic agenda management system; the two systems would integrate
providing an efficient and streamlined system for both the public and for
county staff. Mr. Doyle will provide the Board with the proposed text
amendments soon, in advance of a public hearing in late -November. The
Board expressed support.
COMMISSIONER UPDATE:
• Commissioner Henderson attended the Cascade Chute Out Rodeo
event this past weekend. Commissioner Henderson requested a
report on the P/L of the event.
• Commissioner DeBone assisted in serving meals this weekend for the
wildfire evacuees that are being lodged here in Deschutes County.
BOCC MEETING SEP7EMBER 21, 2020 PAGE 4 OF 5
County Administrator Anderson has sent the Board a draft email
regarding the Whistleblower Policy and will send it to county staff
upon approval.
RECESS: At the time of 3:22 p.m., the Board took a recess and reconvened the
meeting at 3:27 p.m.
EXECUTIVE SESSION:
At the time of 3:27 p.m. the Board went into Executive Session under ORS 192.660
(2) (e) Real Property. The Board came out of Executive Session at 3:56 p.m.
At the time of 3:56 p.m. the Board went into Executive Session under ORS 192.660
(2) (d) Labor Negotiations. The Board came out of Executive Session at 4:22 p.m.
Being no further items to come before the Board, the meeting was adjourned at 4:22 p.m.
DATED this ___ ___ Day of __� 2020 for the Deschutes County Board of
Commissioners.
PATTI A AIR„ GLAIR
ANTHONY DEBONE, VICE CHAIR
BOCC MEETING SEPTEMBER 21, 2020 PAGE 5 QE 5
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - www.deschutes.org
BOCC MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:00 PM, MONDAY, SEPTEMBER 21, 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 (later enacted as part of HB 4212) directing government entities to utilize virtual meetings whenever
possible and to take necessary measures to facilitate public participation in these virtual meetings.
Since May 4, 2020, meetings and hearings of the Deschutes County Board of Commissioners have been
conducted primarily 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.
In Person Attendance: Limited due to Virus restrictions. Please contact Sharon Keith at
sharon.keithC@deschutes.org prior to the meeting to request in person attendance.
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
Board of Commissioners BOCC Meeting Agenda Monday, September 21, 2020 Page 1
of 3
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
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
ACTION ITEMS
1. 1:00 PM
Discussion on Bio Carbon Solutions Proposal - Timm Schimke, Director
of Solid Waste
2. 1:45 PM
Consideration to Reallocate On -Call Position to a New FTE in the
Sheriff's Office -Joe Brundage,
3. 2:00 PM
Consideration of Grant Application for Software and Hardware
Technology for the Sheriff's Office - Kent VanderKamp, Sergeant
4. 2:15 PM
Consideration of Grant Funding Acceptance for CCBHC Expansion and
Extending FTE in Health Services through Resolution No. 2020-059. -
Dan Emerson, Budget Analyst
5. 2:30 PM
Housing Strategies Project Discussion - Tanya Saltzman, Associate
Planner
6. 3:15 PM
Consideration of Municode for Deschutes County Code Amendments
and Publishing - David Doyle, Legal Counsel
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss as part of
the meeting, pursuant to ORS 192.640.
EXECUTIVE SESSION
At any time during the meeting, an executive session could be called to address issues relating to ORS
192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor
negotiations; ORS 192.660(2)(b), personnel issues, or other executive session categories.
Board of Commissioners BOCC Meeting Agenda Monday, September 21, 2020 Page 2
of 3
Executive sessions are closed to the public, however, with few exceptions and under specific guidelines,
are open to the media.
Executive Sessions under ORS 192.660 (2) (e) Real Property and ORS 192.660 (2) (d)
Labor Negotiations
ADJOURN
To watch this meeting on line, go to: www.deschutes.org/meetings
Please note that the video will not show up until recording begins. You can also view past
meetings on video by selecting the date shown on the website calendar.
Deschutes County encourages persons with disabilities to participate in all programs
and activities. This event/location is accessible to people with disabilities. If you need
accommodations to make participation possible, please call (541) 617-4747.
FUTURE MEETINGS:
Additional meeting dates available at www.deschutes.org/meetingcalendar
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions
regarding a meeting, please call 388-6572.)
Board of Commissioners BOCC Meeting Agenda Monday, September 21, 2020 Page 3
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o Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Monday Meeting of September 21, 2020
DATE: September 16, 2020
FROM: Timm Schimke, Solid Waste, 541-317-3177
TITLE OF AGENDA ITEM:
Discussion on Bio Carbon Solutions Proposal
BACKGROUND AND POLICY IMPLICATIONS:
See attached staff report
FISCAL IMPLICATIONS: None at this time.
ATTENDANCE: Timm Schimke
To: BOCC
CC: Tom Anderson
From: Timm Schimke
Re: Bio Carbon Solutions Global Proposal
Date: September 15, 2020
INTRODUCTION
Bio Carbon Solution Global (BCS) has approached the County with a proposal to deploy what they term a
Total Recovery Facility (TRF) in the County to process solid waste into energy products. There have been
a number of meetings with staff and BCS as well as a presentation to the Board of County
Commissioners for this project. BCS is proposing to:
1. Sort our incoming waste stream to remove materials that cannot be processed by their system
(metal, glass and other non -carbon materials).
2. Process/grind all remaining materials into a uniform feedstock.
3. Dry the feedstock to about 5% moisture content prior to conversion.
4. Use a pyrolysis process to extract bio-gas from the feedstock
5. Convert the bio-gas into liquid fuel products.
The proposal asserts that their process will eliminate the need for landfill capacity in Deschutes County.
Any materials that cannot be processed, or that remains as a residual or by-product will be marketed or
recycled.
A global engineering company warrants the process.
Their process could be used for other feedstock in addition to Municipal Solid Waste (MSW) such as
woody biomass or tires.
Their process can be sized to process as little as 100 tons per day, and can be expanded as needed to be
able to process all of our waste volumes. Negus Transfer station currently averages about 100 ton per
day. We currently average about 500 tons per day total.
Their proposal includes some other amenities such as a public education center and child care facilities
for employee use.
BCS does not have a commercial scale operating facility operating in the country, although they have
approached other communities and may have a facility up and running in the future.
DISCUSSION
The Department of Solid Waste recently completed a comprehensive Solid Waste Management Plan
(SWMP) that included a thorough examination of a variety of waste to energy approaches to solid waste
management. The conclusion to that analysis is that an alternative technology for managing waste in
Deschutes County does not appear feasible at this time, primarily due to costs and our relatively low
volumes of waste. The SWMP recommends that the County should continue to monitor and assess the
status and feasibility of alternative technologies as a part of our solid waste system in three to five
years. The plan also states, "the County should only consider those technologies/vendors that have a
proven record of successfully operating a commercial scale facility".
BCS is not the only group who has approached the Department with similar proposals. In addition to the
recommendations in the SWMP, the Board will need to consider the implications of a proposed sole
source contract with BCS while other interested parties exist.
BOCC OPTIONS
BOCC direction is requested on the following options:
1. Follow the recommendation in the SWMP, and not consider projects that are not operational in
the country, preferably in a community of similar size to Deschutes County.
2. Engage a consultant to review the BCS proposal and make recommendation to the
Board.
If the Board wishes to move ahead with a review of BCS's proposal by a consultant, you may first
want to consider a solicitation to meet public procurement requirements and determine if other
similar proposals (with no operational history) should be considered. Any unproven proposals
would probably require a review by qualified consultants as part of the process of choosing a
system.
3. Issue a solicitation (RFP/RFQ) for other waste to energy developers.
4. Other
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Monday Meeting of September 21, 2020
DATE: September 9, 2020
FROM: Joe Brundage, Sheriff's Office,
TITLE OF AGENDA ITEM:
Consideration to Reallocate On -Call Position to a New FTE in the Sheriff's Office
RECOMMENDATION & ACTION REQUESTED:
We request the creation of a new FTE position: Sergeant - Professional Standards
We also propose eliminating the current on -call position for background investigations
BACKGROUND AND POLICY IMPLICATIONS:
Prior to FY 2020, we brought background investigations in-house by creating an on -call
position. The intent was to evaluate the effectiveness and cost savings before committing to
the new position. The Sheriffs Office is very pleased with our in-house process, and request a
permanent position.
FISCAL IMPLICATIONS: Minimal. We found cost savings from creating the on -call position.
Benefits are currently being earned, so the only potential fiscal impact is the change in rate of
pay, as this position is a Sergeant.
ATTENDANCE: Joe Brundage, Sheriffs Office via Zoom conference call
o c Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Monday Meeting of September 21, 2020
DATE: September 16, 2020
FROM: Tanya Saltzman, Community Development,
TITLE OF AGENDA ITEM:
Housing Strategies Project Discussion
On July 27, 2020 staff provided the Board with a draft housing profile and potential options for
further defining a housing strategies project, per the Board's ongoing interest. Staff returned on
August 24 to discuss the Board's preferred direction regarding scope, timeline, and most
importantly, defining the desired outcome of the project. During the discussion the Board
prioritized rural housing opportunities and county -owned properties. Staff returns now to present
additional information for the Board's consideration in defining a scope of work.
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Tanya Saltzman, AICP, Associate Planner
Peter Gutowsky, AICP, Planning Manager
Nick Lelack, AICP, Community Development Director
DATE: September 16, 2020
SUBJECT: Housing Strategies Project / Scope of Work
I. OBJECTIVE
The Board of County Commissioners (Board) has stated its interest in exploring housing
opportunities in the rural county and on County -owned land. This memorandum explores ways in
which to accomplish this goal.
Staff seeks Board direction at this or a future meeting on whether to:
1. Initiate one or more options listed below or another option(s). Based on the option(s)
selected, staff will provide an update to the Board on next steps within two weeks.
2. Return to the Board for a continued discussion on the options presented or other options, or
additional information requested by the Board.
II. BACKGROUND
On July 27, 2020 staff provided the Board with a draft housing profile and potential options for further
defining a housing strategies project, per the Board's ongoing interest.' The housing profile identified
up to 5,888 vacant lots in the rural county where residential uses are permitted outright.' Staff
returned on August 24 to discuss the Board's preferred direction regarding scope, timeline, and most
importantly, defining the desired outcome of the project.3 During the discussion the Board prioritized
1 http://deschutescountyor.iqm2.com/Citizens/Detail Meeting.aspx?ID=2580
2 Ibid. See Tables 8 (Resort Areas), 9 (Rural Residential Areas) and 10 (Future Opportunities for Rural Residential Lots).
3 http://deschutescountyor.iqm2.com/Citizens/Detail Meeting.aspx?ID=2587
rural housing opportunities and county -owned properties. Staff returns now to present the following
additional information for the Board's consideration in defining a scope of work:
Twelve -Month Market Analysis • Emerging Opportunities
Housing Strategies in Other Counties • Institutional Challenges
Existing Residential Opportunities in • Next Steps
Rural Deschutes County
These can ultimately be incorporated into the Housing Profile document to create a comprehensive
report that may be utilized in a number of ways depending on how the Board chooses to proceed.
III. TWELVE-MONTH MARKET ANALYSIS
Thus far, staff has presented to the Board several factors that affect housing supply and demand in
the county: population trends and vacant land. However, the existence of vacant land does not
necessarily mean it will be affordable. This section summarizes recent county sales data provided by
the Central Oregon Association of Realtors (COAR) in an effort to better understand the dynamics of
housing cost in various areas of Deschutes County over the last year. Tables 1 and 2 summarize
single-family and manufactured home sale prices over the last 12 months (September 2019 - August
2020). Sale prices are separated by geographic sub -region, including resort communities; they largely
correspond to the areas utilized in the Vacant Residential Lands Analysis in the Rural Housing Profile.
Table 1, 12-Month Average Sale Prices in Rural
Residential Areas
Bend Unincorporated
Average price
382 Homes
$762,134.55
56 Manufactured Homes
$342,381.70
Redmond Unincorporated
Average price
190 Homes
$502,766.16
37 Manufactured Homes
$291,755.84
Sisters Unincorporated
Average price
104 Homes
$659,359.20
11 Manufactured Homes
$361,086.09
La Pine Unincorporated
Average price
160 Homes
$337,876.72
100 Manufactured Homes
$234,156.50
Between Tumalo & Sisters
Average price
21 Homes
$779,514.29
5 Manufactured Homes
$365,000.00
Three Rivers South
Average price
150 Homes
$499,118.51
43 Manufactured Homes
$269,341.86
Table 2, 12-Month Average Sale Prices in Resort
Areas
Sunriver
Average price
184 Homes
$579,958.67
0 Manufactured Homes
Black Butte
Average price
68 Homes
$700,765.31
0 Manufactured Homes
Inn of 7th Mt.
Average price
14 Condo
$199,200.00
5 Timeshare
$13,700.00
Widgi Creek
Average price
3 Homes
$756,666.67
0 Manufactured Homes
Caldera Springs
Average price
25 Homes
$1,139,859.00
0 Manufactured Homes
Tetherow
Average price
66 Homes
$1,384,302.89
0 Manufactured Homes
Eagle Crest
Average price
93 Homes
$535,929.03
0 Manufactured Homes
Pronghorn
Average price
8 Homes
$1,199,125.00
0 Manufactured Homes
Page 2 of 11
Key Points
The most real estate activity in non -resort communities occurred in South County and near Bend.
Newer destination resorts are experiencing higher real estate values compared to the other older
resorts. South County has the lowest relative real estate values, especially for manufactured homes.
It is important to note that since the COVID-19 outbreak began in the spring of 2020 in the United
States and the region, the real estate market has become more unpredictable. In the second and
third quarters of 2020, it has been apparent that market pressure is increasing as people from more
populated areas seek homes in Central Oregon. With the uncertainty surrounding the virus —and the
larger economy —it is difficult to predict if this trend will continue, but there is no doubt that COVID
will continue to impact the real estate market in some fashion going forward as reported by several
news sources. Similarly, the historic wildfires of September 2020 have resulted in significant
displacement of residents of portions of the state. It is possible that this will have an effect on market
demand in Central Oregon, including the need for manufactured homes as a housing solution that is
quicker and cheaper to establish than traditional single-family dwellings.
IV. HOUSING STRATEGIES IN OTHER COUNTIES
Staff has noted and shared with the Board the housing studies performed by four other counties:
Tillamook, Morrow, Coos, and Clatsop. The Board expressed interest in those counties' use of a
consultant for the studies. Below, staff shares information from outreach to those counties regarding
the reasons for their project and their experiences with their consultants.
Clatsop County
• Consultant: Angelo Planning Group (APG) and Johnson Economics
• Cost: $100,000 ($50,000 from County, $10,000 each from cities)
• Overview: joint study with County and five cities to address need for affordable housing, the
"missing middle," and housing types other than single-family like apartments, cottage clusters,
and mixed use buildings.
• Consultant responsibilities and benefits: Market research and analysis; third -party moderator
for discussions.
• Other notes: Informal opinions were that the study did not focus on housing in rural areas
enough and instead focused disproportionately on increasing and diversifying housing stock
in cities.
Coos County
Consultant: czb LLC
Cost: $33,500 (did not include adoption)
Page 3 of 11
• Overview: Study built on a volunteer housing coalition's preliminary study to update the
housing section of the comprehensive plan. Housing was lacking for the area's median
income -level residents (many with service -oriented jobs); conversion of homes to short-term
rentals was also a concern.
• Consultant responsibilities and benefits: statistical analysis; recommendations for strategies
(housing trust fund models, employer housing funds, for example), GIS, code assistance.
Consultant was from outside of Oregon and thus required extra time to familiarize themselves
with statewide goals (Goal 10).
• Other notes: One result of the plan was to address foreclosures —looking for foreclosed
properties for the county to donate to the local housing coalition; and for the county to assist
in readying them for auction, which in turn lowers costs for developers and potential buyers.
Morrow County
• Consultant: Angelo Planning Group (APG) and Johnson Economics
• Cost: Not Available.
• Overview: Purpose was to describe potential strategies for addressing the housing needs of
Morrow County and the cities of Boardman, Heppner, lone, Irrigon, and Lexington. Land
controlled by Morrow County is located in the Urban Unincorporated Area of Urban Growth
Boundaries (UGBs).
• Consultant responsibilities and benefits: Not Available.
• Other notes: Morrow County needs local amenities and services. The projected future
housing need for Morrow County for 20 years (2039) is 599.
Tillamook County
• Consultant: czb LLC
• Cost: Not Available
• Overview: Land scarcity due to steep slopes, wetlands, coastal protection areas, flood plains,
and forestlands. Housing is also impacted by a low -wage economy, and a marketplace heavily
influenced by seasonal housing and tourism. Housing costs more than local wages have the
power to buy or rent. Recommendations include deferring system development charges,
restructure the transient lodge tax to allow funds to go to work force housing, creating a
community land trust, and increasing investment in infrastructure development within UGBs.
• Consultant responsibilities and benefits: Not available.
• Other notes: Existing housing stock is not well maintained.
Page 4 of 11
Key Points
The four housing strategies focus predominantly inside UGBs to provide affordable housing through
a range of housing types, subsidies and housing trusts. Based on feedback from Clatsop and Coos
counties, consultants can be useful, particularly for technical and data analysis and research and
potentially'out of the box' recommendations. Having them as a neutral third party and public process
facilitator is helpful if the project involves significant public outreach and/or an appointed committee.
V. EXISTING RESIDENTIAL OPPORTUNITIES IN RURAL DESCHUTES COUNTY
Rural Deschutes County possesses numerous types of residential development options. Many listed
below (*) are exclusive to Deschutes County.
• Cluster Development (Miller Tree Farm, Westgate i.e. Westside Transect Zone)
• Destination Resorts (Caldera Springs, Eagle Crest, Pronghorn, Tetherow, Thornburgh -
proposed) *
• Destination Resort Map Amendment (Caldera Springs Expansion; other areas remain eligible
until the Bend UGB reaches a population of 100,000) *
• Dwellings in Exclusive Farm Use zone (farm dwelling, accessory farm dwelling, relative -help
dwelling, non -farm dwelling, lot -of -record dwelling, replacement dwelling, and temporary
hardship dwelling)
• Dwellings in Forest Use zone (lot -of -record dwelling, large tract dwelling, template dwelling,
temporary hardship dwelling, and caretaker dwelling for fish hatchery or park)
• Exclusive Farm Use Subzones *
• Measure 37 and 49 (property rights claims - the right to land divide and/or build homes as
compensation for land use regulations imposed after owners acquired their properties)
• Resort Communities (Black Butte, Inn of 7th Mountain, Widgi Creek)
• Rural Residential Exception Areas (RR-10, MUA-10, UAR-10, SR 2.5)
• UGB Amendments- Affordable Housing Pilot Projects (HB 4079)
• Unincorporated Communities (Terrebonne, Tumalo, Sunriver)
Key Points
Deschutes County offers the most rural residential housing opportunities in Oregon along with
Clackamas, Lane and Jackson Counties based on population outside of UGBs. It has the most resort
communities and destination resorts as well as one of the largest urban unincorporated
communities, Sunriver. It is also the only county with EFU subzones that allow for the smallest EFU
Page 5 of 11
parcel sizes in Oregon. The County rates in the top third annually for the number of approved
nonfarm dwellings. It appears to have the largest number of lots located in rural residential exception
areas, leading to notable cluster developments. Lastly, the Cities of Bend and Redmond are the only
two municipalities taking advantage of HB 4079, which allows for expedited UGBs amendments to
address affordable housing.
VI. EMERGING OPPORTUNITIES
In addition to the existing options for residential development listed above, there are several
emerging opportunities in the County, including those already in progress, those poised to be
initiated if desired, as well as those that require additional action or exploratory work prior to
initiating.
• Audit County -owned property: Some of the land owned by the County could present
opportunities for residential development depending on a number of factors. Staff —Property
Management and Facilities, with assistance from the Planning Division and Information
Technology —could audit County -owned land by size (removing parcels less than 0.75 acre, for
example), zoning designation, groundwater constraints and related factors to determine
development potential.
® Conventional Housing Combining (CHC) Zone: The CHC zone (DCC Chapter 18.92) was created
by petition prior to the adoption of PL-15, Deschutes County Zoning Ordinance in 1979. It
requires homes to be "conventional or modular housing permanently attached to real
property." The "permanent attachment" requirement precludes people from living out of
mobile homes on CHC properties. This zoning district applies to three large areas near Bend
to the north, northwest, and east. Repealing the CHC would give those properties the potential
to provide affordable housing in the form of mobile or manufactured homes, which are less
expensive alternatives to stick -built or modular housing.
• Nonprime Resource Lands Amendments: These text amendments, currently in progress,
would re -designate six areas developed with rural residential uses that were platted or
conveyed prior to State enabling planning legislation taking effect in Deschutes County. These
areas are subject to strict EFU or Forest Use zoning requirements dictated by State law that
affect the siting of new dwellings, remodels, additions and accessory structures. Upon
acknowledgment of the NPR Lands policies, Deschutes County will propose a new zone that
allows rural residential uses to be permitted outright.
• La Pine Neighborhood Planning Area: This project would create area plans for the 368 acres
of County -owned property in the Newberry Neighborhood in La Pine —a unique and timely
opportunity to add to the housing supply in the region and increase the available mix of
housing types. The current comprehensive plan and development code are a mix of legacy
zoning from when the County was the land use authority prior to La Pine's 2006 incorporation
and the City's first comprehensive plan and development code. This project would more
precisely delineate the allowable densities; the amended code will provide more clarity to both
Page 6 of 11
developers and staff, which in turn will make the resulting applications more efficient for the
applicant's submittal and in staff review and processing.
• Rural Accessory Dwelling Unit Legislation: While a bill allowing rural accessory dwelling units
(ADUs) failed to pass in the 2019 and 2020 legislative sessions, the concept appears to have
bi-partisan support and strong potential to pass in the 2021 session. The allowance of rural
ADUs could dramatically affect the housing landscape in Deschutes County, providing smaller -
scale housing opportunities throughout rural residential exception areas.
• Sewer Feasibility Study in Terrebonne: Terrebonne is served by a water district but does not
have a community sanitary sewer system or utility. With the exception of two small, private
systems serving two relatively new residential subdivisions, properties rely upon on -site
sanitary sewer systems. Sanitary sewer system feasibility has previously been explored in
Terrebonne, most recently in 1999 and prior to that in 1982. Although a community sanitary
sewer system was deemed feasible in the 1999 study, the system was not pursued for a variety
of reasons. According to data provided by the Environmental Soils Division, the number of
malfunctioning septic systems appears to be increasing. Providing Terrebonne with sanitary
sewer would not only provide a health and safety improvement for existing properties, it
would also provide potential for additional development in the area.
• Transportation Growth Management Grant Applications: The Community Development
Department is awaiting to hear from the Oregon Department of Transportation regarding two
grant applications: Tumalo Community Plan Update and Implement a portion of the Sisters
County Vision Action Plan for rural trails.
• 2020 Census: As previously noted, the 2020 Census is currently underway. The data emerging
from the census in 2021 will provide the best available snapshot of the County and
surrounding areas, and will allow deeper and more precise analysis of existing conditions. The
data utilized in the Draft Housing Profile largely came from the American Community Survey,
which is an interim product that provides estimates of certain geographies, usually limited to
cities of a certain size. The 2020 Census data will allow a more fine-grained approach, drilling
down into census tracts and block groups for analysis of sub -areas within the County.
VII. INSTITUTIONAL CHALLENGES
Although Deschutes County has numerous opportunities to expand residential development as
noted in the sections above, it is important to note before committing to any specific initiative that
some of these opportunities face challenges with respect to state law and the Oregon land use
system. The Oregon land use system is designed to concentrate the majority of growth within urban
growth boundaries; the following laws could potentially affect certain initiatives.
• Goal 3, Agricultural Lands and OAR 660, Division 33 contains rigorous standards for siting a
dwelling on EFU lands. Recent case law may limit nonresource lands opportunities (DLCD et
al vs. Douglas County).
Page 7 of 11
ORS 215.264 and OAR 660-033-0145 restrict land dividing EFU and Forest Use lands.
• Goal 4, Forest Lands and OAR 660, Division 6 contains rigorous standards for siting a
dwelling on Forest Use lands. Recent case law may limit nonresource lands opportunities
(DLCD et al vs. Douglas County).
• OAR 660, Division 4: Prohibits new rural residential areas from having a minimum lot size
lower than 10 acres without taking an exception to Goal 14 (Urbanization).
• ORS 197.455: New destination resorts are prohibited in Deschutes County once the City of
Bend's UGB reaches 100,000 (24 air miles).4
• Goal 11 exception to allow sewer systems in South County regionally was remanded by LUBA
in 2015.
VI 11. NEXT STEPS
To inform the Board's decision on a path forward, staff has identified four options for proceeding
with a Rural Housing Strategy.
A. Option 1 - Increase housing supply based on opportunities afforded by state law and County
Code. CDD and Property Management staff would work directly with the Board to implement the
actions identified in Table 3 below.
Table 3. Opportunities Afforded by State Law and County Code
1. Rural Residential Dwellings
Rely on the vacant lands analysis which identifies 4,329 of existing platted residential lots and the potential for 1,559
additional lots in the rural county.
2. Resource Zone Dwellings
The vacant lands analysis did not consider resource zones due to a variety of factors, from determining whether a
property is a legal lot of record to potential compliance with state land use standards. However, Deschutes County
permits new dwellings in resource zones as allowed by state law.
Deschutes County has the smallest EFU-zoned lot sizes in the state, meaning that land partitions may result in
additional residential development through non -farm dwellings.
Under state law, there are seven (7) ways to approve new dwellings in the EFU Zone and (4) ways to approve new
dwellings in the Forest Use Zone
3. County -Owned Lands
Audit County -owned lands to determine housing development potential in cities and rural areas, and then decide
which properties to pursue for residential development. Notable properties include:
• Newberry Neighborhood (Neighborhood 2, 2 quadrants; Neighborhoods 3 and 4). The County currently has an
application submitted for a TGM grant to fund this project (status pending as of the time of writing).
• Lands north of Juniper Ridge
4 Portland State University's Population Research Center certified estimate for the City of Bend for July 1, 2019 was 91,385.
Page 8 of 11
4. Historic Rural Accessory Dwelling Units (ADUs)
Historic dwellings in MUA, RR-10, SR 21/2, and UAR-10 zones on parcels larger than two acres are permitted to be
converted to accessory dwelling units and one additional housing unit may be developed on a property. There are
approximately 113 properties eligible for such units in the County; 2 applications have been submitted to date. The
County could promote this program to the remaining properties.
S. Plan or Text Amendments
Non -Prime Resource Lands Amendment(s) are in process.
Consider repealing the Conventional Housing Combining Zone that prohibits manufactured dwellings and mobile
homes in certain parts of the County. Rural ADUs may be allowed in unincorporated communities under state law, but
not under County Code.
The County could amend Code to allow ADUs in some or all unincorporated community with siting and infrastructure
standards.
6. Tumalo, Terrebonne, Unincorporated Communities
Consider public -private partnerships, pilot project funding, or invest in infrastructure (i.e., sewer system) to support the
development of small lots.
Timeline: Three to six months to complete any code amendments. An initial audit of County -owned
lands would likely take 1-2 months.
B. Option 2 - Lobby the Legislature. The Board, Administration, CDD, the County's lobbyist and
partner organizations would coordinate to develop the legislative concepts, engage local legislators,
and lobby the Legislature to adopt these measures.
Table 4. Opportunities Requiring Legislative Action
1. Allow rural ADUs in Rural Residential Exception Areas
2. Remove "pilot" from HB 4079 (large cities) and HB 2336 (small cities) to allow UGB expansions for mixed market
rate and affordable housing neighborhoods.
3. Destination Resorts
• Allow ADUs by not counting them as separate dwellings in the 2:1 or 2.5:1 residential to overnight lodging
ratio requirements.
• Allow affordable housing onsite for employees.
4. Manufactured Home Parks
• Allow new and expanded manufactured home parks.
• Allow manufactured home park lots to be subdivided and allow tiny homes rather than just manufactured
homes.
5. Other
Timeline: Begin immediately by engaging AOC and the County's lobbyist to prepare legislative
concepts for the 2021 Legislative Session, and then lobbying through the Session's sine die.
Page 9 of 11
C. Option 3 - Convene a Rural Housing Advisory Committee to review, discuss, revise and prioritize
items identified above. A committee could be structured as follows:
i. Establish a Rural Housing Advisory Committee (with or without a consultant)
This committee could evaluate the causes and drivers of the region's housing shortage and
recommend rural housing strategies that the County can pursue to help alleviate it in partnership
with other organizations. Committee members could include representatives from the following:
• Central Oregon Builders Association
• Central Oregon Association of
Realtors
• Central Oregon Intergovernmental
Council
• City of Bend
• City of La Pine
• City of Redmond
• City of Sisters
• Economic Development for Central
Oregon
• Housing Works
• Neighborlmpact
• Central Oregon Homeless Leadership
Coalition
• Planning Commission (1-2 members)
• Others
Timeline: 3 to 6 months, concluding with an action plan.
ii. Board/Planning Commission Panel Discussion
The Board and Planning Commission could establish a series of panel discussions with invited
guests from public, private, and non-profit sector organizations to similar to the marijuana panel
discussions conducted in 2018:
1. Evaluate the housing profile developed to date.
2. Provide insights into the causes and drivers of the housing need and housing shortage.
3. Propose conceptual land use strategies and recommendations to address the County's
housing need.
4. Other.
This Committee could then determine next steps, including whether to create a Rural Housing
Advisory Committee such as that proposed above or other courses of action.
Timeline: 3 to 6 months, concluding with a summary report.
D. Option 4 - Combine two or more options above for a new approach, such as:
• Initiate Option 2; and
• Select Option 3(i). or 3(ii) above with the charge to review and decide which opportunities
in Table 3. Opportunities Afforded by State Law and County Code to initiate as well as to:
Page 10 of 11
1) Provide insights into the causes and drivers of the housing need and housing shortage;
and
2) Propose conceptual land use strategies and recommendations to address the County's
housing need.
Page 11 of 11
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o Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Monday Meeting of September 21, 2020
DATE: August 28, 2020
FROM: David Doyle, Legal, 541-388-6625
TITLE OF AGENDA ITEM:
Consideration of Municode for Deschutes County Code Amendments and Publishing
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Cf-DU a, T Y LEGAL
~ W Christopher Bell, Sr. Assistant Legal Counsel
John E. Laherty, Sr. Assistant Legal Counsel
D. Adam Smith, Assistant Legal Counsel
Amy Heverly, Assistant Legal Counsel
David Doyle, Legal Counsel
STAFF REPORT - BOCC Meeting 9/21/2020
Date: September 1, 2020
Re: DCC Amendments
In 2016, IT approached Legal and CDD and asked if either department would be opposed to having the
Deschutes County Code hosted externally. County staff was and remains very supportive of external
hosting. In addition, current budgets in IT, Admin, CDD and Legal can fund external hosting. ($10,000 for
initial transition and first year license and support; approx. $6500 annually thereafter.)
External hosting will allow for a more streamlined county code and will provide for active links to county
ordinances and other relevant legislative history. External hosting will save many hours of IT support staff
time.
Legal has worked extensively with IT and Admin and has identified Municode as the desired external host.
[NOTE: Admin plans to transition to Municode for its agenda management platform/software.]
The fee structure is such that before transitioning to Municode, it is prudent to complete all county code
housekeeping amendments and clean ups. We will provide you with the proposed amendments and clean
ups next month in advance of the required public hearing in November or December. We are targeting early -
January 2021 for Go Live with Municode.
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