2020-417-Minutes for Meeting November 30,2020 Recorded 12/22/2020G�vTES BOG
BOARD OF
COMMISSIONERS
1300 NW wall Street, Bend, Oregon
(541 ) 388-6570
Recorded in Deschutes County C J2020-417
Nancy Blankenship, County Clerk
Commissioners' .journal 12/22/2020 9:34:02 AM
�t\y`15'fS C�G'� II I I I II I II"I I' I I II I IIIII III III
2020-417
1:00 PM MONDAY November 30, 2020
FOR RECORDING STAMP ONLY
Barnes Sawyer Rooms
Live Streamed Video
Present were Commissioners Patti Adair, Anthony DeBone, and Phil Henderson. Also present were Tom
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. COVID19 Business Assistance Update
Internal Auditor David Givans presented an update along with COIC
representatives Scott Aycock and Tammy Baney (present via Zoom
conference call). Applications for financial assistance for Oregon businesses
impacted by COVID19 can be submitted for the grants through Monday,
December 7th at 5:00 p.m. Commissioner Adair offered to participate in the
application review committee.
BOCC MEETING NOVEMBER 30, 2020 PAGE 1 OF 5
2. Asphalt Distributer Truck Procurement
Road Department Director Chris Doty and Fleet Manager Randy McCulley (via
Zoom conference call) presented the request for budgeted equipment
purchase for the Road Department
HENDERSON: Move approval of Document No. 2020-797
DEBONE: Second
VOTE: HENDERSON: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
Mr. Doty provided a brief update regarding the County's request to meet
with area partners regarding Harper Bridge. Crosswater HOA prefers a one-
on-one meeting. Mr. Doty asked if one Commissioner would like to
participate in the meeting.
3. Consideration of Document No. 2020-816, a Cooperative Improvement
Agreement with Central Oregon Irrigation District for the NE Negus
Way/NE 17t" Street Improvement Project and Smith Rock -King Way
Pipeline Project
County Engineer Cody Smith and Road Department Director Chris Doty (via
Zoom conference call) presented consideration of an improvement
agreement in coordination with Central Oregon Irrigation District. Discussion
held on the expense and funding of the underlying project. COID is
requesting Deschutes County contribute approximately half of the expense.
DEBONE: Move approval of Document No. 2020-816
No Second. No support expressed for the motion. Motion Failed.
BOCC MEETING NOVEMBER 30, 2020 PAGE 2 OF 5
Commissioner Henderson is hesitant to contribute Deschutes County funds
to pay for this COID project. Commissioner Adair acknowledged the
conditions of the road but also agrees that Deschutes County shouldn't be
contributing $300,000 of road funds for the COID project. Commissioner
Adair directed that the road department speak with COID and negotiate a
more fair and reasonable agreement, and that the County not be obligated
for funding such a large portion of the project costs. Mr. Doty will discuss
the project further with COID.
4. Consideration of Reallocation of Vacant Investigator Position at District
Attorney's Office
District AttorneyJohn Hummel (via Zoom conference call) presented the item
for consideration. Mr. Hummel has determined that while the department
needs to retain another investigator, the need for another deputy district
attorney is greater, especially due to the complexity of cases. Discussion
held on crime prevention and the role of the District Attorney's Office.
Commissioner DeBone inquired whether this request could be considered
after the department staffing study and whether to be included within the
next budget cycle. Commissioner Henderson is not inclined to approve the
request for an additional deputy district attorney but supports filling the
vacant investigator position. Commissioner Adair supports the replacement
of the vacant investigator position.
5. Preparation for Public Hearing: Plan Amendment and Zone Change
from Agriculture/Exclusive Farm Use to Rural Industrial (Aceti)
Community Development Department staff Matt Martin and Nick Lelack (via
Zoom conference call) presented the materials for review prior to the public
hearing that is scheduled for Wednesday, December 2. Planning Manager
Peter Gutowsky and Assistant Legal Counsel Adam Smith (via Zoom
conference call) were also present for this presentation.
BOCC MEETING NOVEMBER 30, 2020 PAGE 3 OF 5
6. Consideration of Board Signature of Order No. 2020-014, Whether to
Hear Appeal of a Hearings Officer Denial of a Conditional Use and Site
Plan Review for Private Campground
Community Development Department staff Cynthia Smidt (via Zoom)
presented the option whether to hear an appeal of a hearing officer's
decision. Commissioner DeBone expressed support of hearing the appeal.
DEBONE: Move of Order No. 2020-014 to hear the appeal
ADAIR: Second
VOTE: DEBONE: Yes
HENDERSON: Abstain
ADAIR: Chair votes yes. Motion Carried
OTHER ITEMS:
• County Administrator Anderson reported on the upcoming annual joint
meeting with the Sunriver Service District. Due to the ongoing virus
shutdown, the current options for the meeting are to reschedule or hold via
Zoom conference call. The Board supported a virtual meeting.
• County Administrator Anderson reported on the Fair Board member
selection for two terms that are due to expire. Commissioner DeBone
offered to participate in the interview process.
• County Administrator Anderson reported on the Governor's post -two week
freeze plan and noted that Deschutes County is identified as an extreme -risk
status. Mr. Anderson is certain the county will remain in the extreme -risk
category for some time, and reviewed the restrictions that are re-evaluated
every two weeks. Mr. Anderson recommended that the County buildings
remain closed to walk-in public access, and retaining the option for the public
to call into offices for services. The new restrictions/rules will become
effective on Wednesday, December 2nd
BOCC MEETING NOVEMBER 30, 2020 PAGE 4 OF 5
EXECUTIVE SESSION: None scheduled
Being no further items to come before the Board, the meeting was adjourned at 3:11 p.m.
DATED this / 6
Commissioners.
t
Day of
2020 for the Deschutes County Board of
cg
°I A D)® RR, C F JDA,I
BOCC MEETING NOVEMBER 30, 2020 PAGE 5 OF 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, NOVEMBER 30, 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.keithfteschutes.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, November 30, 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 COVID19 Business Assistance Update -David Givans, Internal Auditor
2. 1:30 PM Asphalt Distributor Truck Procurement (Document No. #2020-797) -
Chris Doty, Road Department Director
3. 1:35 PM Consideration of Document No. 2020-816, a Cooperative Improvement
Agreement with Central Oregon Irrigation District for the NE Negus
Way/NE 17Th St Improvement Project and Smith Rock -King Way
Pipeline Project - Cody Smith, County Engineer
4. 1:45 PM Consideration of Reallocation of Vacant Investigator Position at District
Attornev's Office - lohn Hummel, County District Attorney
5. 2:10 PM Preparation for Public Hearing: Plan Amendment and Zone Change
From Agriculture/Exclusive Farm Use to Rural Industrial (Aceti) -
Matthew Martin, Associate Planner
6. 2:30 PM Consideration of Board Signature of Order No. 2020-014, Whether to
Hear Appeal of a Hearings Officer Denial of a Conditional Use & Site
Plan Review for Private Campground - Cynthia Smidt, Associate Planner
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss as part of
the meeting, pursuant to ORS 192.640.
EXECUTIVE SESSION
Board of Commissioners BOCC Meeting Agenda Monday, November 30, 2020 Page 2
of 3
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.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, November 30, 2020 Page 3
of 3
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Monday Meeting of November 30, 2020
DATE: November 24, 2020
FROM: David Givans, Administrative Services, 541-330-4674
TITLE OF AGENDA ITEM:
COVID19 Business Assistance Update
Contract with Department of Administrative Services (Oregon) for Financial Assistance to support Oregon
Businesses who have been impacted by COVIDI9.
IGA with COIC to provide program support for distribution of monies allocated to Deschutes County for support
of Oregon businesses who have been impacted by COVIDI9.
ATTENDANCE: David Givans, County Internal Auditor
INTERGOVERNMENTAL AGREEMENT
CENTRAL OREGON INTERGOVERNMENTAL COUNCIL AND DESCHUTES
COUNTY PARTICIPATION IN CENTRAL OREGON EMERGENCY BUSINESS
GRANT PROGRAM AMID COVID-19 PANDEMIC
{DESCHUTES COUNTY DOCUMENT #2020-8111
PARTIES:
Central Oregon Intergovernmental Council
334 NE Hawthorne Ave.
Bend, Oregon, 97701 ("COIC")
Deschutes County, Oregon
1300 NW Wall St.
Suite 206
Bend, OR 97703
("County")
This Intergovernmental Agreement for handling of grants (this "agreement")
is dated November , 2020, but made effective for all purposes as of the
effective date (as defined below), and is entered into between Deschutes
County ("County"), a political subdivision of the State of Oregon, and Central
Oregon Intergovernmental Council ("COIC"), an intergovernmental entity
formed and operated pursuant to ORS 190.003-190-190-150.
RECITALS:
A. The State of Oregon is allocating $2,234,248.00 to Deschutes County to
provide financial assistance to support Oregon business in Deschutes
which have been impacted by Covid-19.
{The funding source is CRF Grant Agreement # 2507 (CARES Act
funding allocated by the State of Oregon to Deschutes County).}
B. Deschutes County may add to the grant funds, at its discretion.
Page 1
C. COIC has partnered with the County before to provide administration
and distribution of economic emergency business grants and loans for
Central Oregon in response to the COVID-19 Pandemic.
D. The CRF funding is contingent on timely submission of Grant
Agreement # 2507. This agreement is contingent upon receipt by
Deschutes County of the designated CRF funding.
E. COIC will be administering the grants on behalf of the County and will
be receiving guidance from the County. The grant funding associated
with Grant Agreement # 2507 will not be diminished or reduced by
administrative costs incurred by either COIC or County.
IT IS, THEREFORE AGREED:
1. Term.
This agreement will be effective as of November 30, 2020. This is known
as the Effective Agreement Date. No services shall be performed prior to
the Effective Agreement date. This agreement will continue until all grant
monies under the program have been paid out or returned or until
otherwise terminated by the County.
2. Statement of work.
The State is providing CRF grant monies to Deschutes County as part of
an allocable share of CARES Act funds being distributed to counties.
This business grant program is detailed further in Exhibit A, Statement of
Work, attached hereto and incorporated herein by reference. County staff
shall periodically communicate with COIC on administration of the grant
program.
3. Compensation
COIC and County shall receive no grant funds for administration costs
associated with this program. Deschutes County is prepared to pay
reasonable direct costs (as determined in the sole discretion of County)
submitted by COIC for the efforts in administration of this business grant
program. The County intends to provide one employee (hired and
Page 2
reporting to County Finance) to work on this effort with COIC staff. COIC
anticipates that its direct costs will not exceed $25,000. The County
stipulates that this not to exceed amount is reasonable and appropriate for
costs associated with program administration. As more fully described in
Section 6 below, COIC will provide County with reports specific to
administration services and disbursement of grants. COIC will timely
prepare any tax information reporting. COIC will receive a copy of the state
of Oregon Grant Agreement (Grant # 2507) and will ensure compliance with
applicable grant requirements.
4. Invoicing and Payment Schedule
COIC will invoice Deschutes County for its administrative costs monthly or
within 30 days of grant termination.
Deschutes County will make the grant funds available for award and
distribution upon receipt of funding from the State. If for any reason,
grant funds are not fully obligated and utilized, they will be returned to
the County.
5. Execution of Work.
COIC shall at all times perform the work diligently, without delay, and
punctually fulfill all requirements herein.
This Agreement outlines the entire relationship between COIC and County
for purposes stated in statement of work. This Agreement constitutes the
entire Agreement between the parties concerning the subject matter
hereof, and supersedes any and all prior or contemporaneous
agreements or understandings between the parties, if any, whether
written or oral, concerning the subject matter of this Agreement which
are not fully expressed herein. This Agreement may not be modified or
amended except by a writing signed by all parties.
6. Books and Records.
COIC shall keep proper and complete books of record and account and
maintain all fiscal records related to this Agreement and the project in
Page 3
accordance with generally accepted accounting principles, generally
accepted governmental accounting standards and state minimum
standards for audits of municipal corporations. COIC shall provide a
report to the County within 30 days after the grant funds have been
distributed, detailing the amounts and specific type of grants made in
Deschutes County.
COIC acknowledges and agrees that County and its duly authorized
representatives shall have access to the books, documents, papers, and
records of COIC which are directly pertinent to this specific Agreement for
the purpose of making audit, examination, excerpts, and transcripts for a
period of three years after the Agreement expiration date. Copies of
applicable records shall be made available upon request. Payment for
reasonable costs of copies is reimbursable by County. If for any reason
any part of this Agreement is involved in litigation, COIC shall retain all
pertinent records for not less than three years after the grant has been
made, until all litigation is resolved, or in accordance with applicable ORS
County record retention requirements whichever is longer. Full access wil
be provided to County and to its duly authorized representatives in
preparation for and during litigation.
7. Termination.
This Agreement may be terminated for convenience by either party at any
time prior to the expiration date upon 30 day written notice. If one party
believes the other party to be in violation of this Agreement, that party
shall notify the second party in writing of the circumstances leading to
this conclusion. The party alleged to be in violation shall have 15 days to
remedy the violation after which, if the violation continues to exist, the
agreement will automatically terminate.
8. Litigation.
All claims, counterclaims, disputes and other matters in question between
COIC and County arising out of, or relating to, this Agreement or the
breach of it will be decided, if the parties mutually agree, by arbitration,
mediation, or other alternative dispute resolution mechanism, or, if not so
agreed, in a court of competent jurisdiction within the State of Oregon
and Deschutes County. In the event of any dispute arising from this
Page 4
Agreement each party shall be required to pay its own separately
incurred attorney's fees, expenses, and court costs, including arbitration,
trial and appeal.
9. Notification.
COIC and County will include the following statements on any and all
reports related to the grants: 1) "The Deschutes County Emergency
Business Grant program is funded with support from State of Oregon
CARES Act monies".
10.Indemnity and Insurance.
10.1 County and/or COIC agrees to indemnify, defend, and hold
harmless each other from all claims, lawsuits and actions of whatever
nature brought against it which arise from COIC and/or County's
performance or omissions under this Agreement. No party shall be
required to defend or indemnify the other for any claim or liability arising
out of wrongful, or negligent acts or omissions of its own employees or
representatives. Failure to supervise on the part of COIC and/or County
shall not constitute a defense to the indemnity obligation imposed by this
provision. This provision is subject to the limitations, if applicable, set
forth in Article XI, Section 10 of the Oregon Constitution and in the
Oregon Tort Claims Act, ORS 30.260 to 30.300.
10.2 COIC and County will obtain and maintain insurance policies that
provide for adequate coverage for all risks normally insured against by a
person carrying on a similar business in a similar location, and for any
other risks to which either is normally exposed. Minimum coverage limits
of $1,000,000 / $2,000,000 are required. COIC and County will have
workers' compensation insurance in form and amount sufficient to satisfy
the requirements of applicable Oregon law. Insurance requirements may
be satisfied by existing program of self-insurance.
11.Successors & Assigns.
The provisions of this Agreement shall be binding upon and shall inure to
the benefit of the parties hereto, and their respective successors and
assigns. After this Agreement is executed, County and/or COIC shall not
Page 5
enter into any new sub agreements for any work scheduled under this
Agreement or assign or transfer any of its interest in this agreement
without the prior written consent of COIC and/or County.
12.No Partnership.
COIC will act as an independent contractor for this project. This
agreement is not intended to create a partnership, employment status or
joint venture.
13.Compliance with Applicable Laws.
13.1 COIC agrees to comply with all federal, state, and local laws,
ordinances, and regulations applicable to this agreement and the Grant
Agreement (# 2507) that the County executes with the State. This
agreement shall be governed by and construed in accordance with the
laws of the State of Oregon. Both parties hereby consent to the personal
jurisdiction of all state courts within Deschutes County, and all federal
courts within the State of Oregon.
13.2 COIC shall comply with all applicable requirements of federal and
state civil rights and rehabilitation statutes, rules, and regulations.
14.Tax Compliance.
By signature on this agreement, COIC hereby certifies that it is not, to the
best of its knowledge, in violation of any Oregon Tax Laws. For the
purpose of this certification, "Oregon Tax Laws" are ORS Chapter 118, 119,
314, 316, 317, 318, 320, 321, and 323 and Sections 10 to 20, Chapter 533,
Oregon Laws 1981, as amended by Chapter 16, Oregon Laws 1982 (first
special session); the Homeowner's and Renters Property Tax Relief
Program under ORS 310.630 to 310.690; and any local tax laws
administered by the Oregon Owner of Revenue under ORS 305.620.
15. Severa bi l ity.
The parties agree that if any term or provision of this agreement is
declared by a court of competent jurisdiction to be illegal or in conflict
Page 6
with any law, the validity of the remaining terms and provisions shall not
be affected, and the rights and obligations of the parties shall be
construed and enforced as if the agreement did not contain the particular
term or provision held to be invalid.
16.Force Majeure.
No party shall be held responsible for delay or default caused by fire, riot,
public health emergencies and orders of federal, state, county and/or city
jurisdictions, acts of God, and war which is beyond such party's
reasonable control. Each party shall, however, make all reasonable
efforts to remove or eliminate such a cause of delay or default and shall,
upon the cessation of the cause, diligently pursue performance of its
obligation under the agreement.
17. Wa fiver.
The failure of COIC and/or County to enforce any provision of this
agreement shall not constitute a waiver by COIC and/or County of that or
any other provision.
18.Ownership.
COIC and County will have full access to, and rights to use, all documents
prepared under this agreement.
19.Other Provisions.
COIC and County shall protect and indemnify each other against any
payroll taxes or contributions imposed with respect to any employees of
COIC and County by any applicable law dealing with pensions,
unemployment compensation, accident compensation, health insurance,
and related subjects. COIC shall at COIC's own cost and expense insure
each person employed by COIC the compensation provided for by law
with respect to worker's compensation and employer's liability insurance.
20.Signatures
This Agreement may be signed in counterparts. A fax or email
transmission of a signature page will be considered an original signature
Page 7
page. At the request of a party, the other party will confirm a fax or email
transmitted signature page by delivering an original signature page to the
requesting party.
21.Attachments
The following attachments are part of and applicable to this Agreement:
Exhibit A - Statement of Work
THIS AGREEMENT, WHICH INCLUDES ALL ATTACHED EXHIBITS, CONSTITUTES THE
ENTIRE AGREEMENT BETWEEN THE PARTIES. THE TERMS OF THIS AGREEMENT SHALL
NOT BE WAIVED, ALTERED, MODIFIED, SUPPLEMENTED, OR AMENDED, IN ANY
MANNER WHATSOEVER, EXCEPT BY WRITTEN INSTRUMENT. SUCH WAIVER,
ALTERATION, MODIFICATION, SUPPLEMENTATION, ORAMENDMENT, IF MADE, SHALL
BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE
GIVEN, AND SHALL BE VALID AND BINDING ONLY IF IT IS SIGNED BY ALL PARTIES TO
THIS AGREEMENT. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR
REPRESENTATIONS, ORAL OR WRITTEN, REGARDING THIS AGREEMENT EXCEPT AS
SPECIFIED OR REFERENCED HEREIN. COIC AND CITY, BY THE SIGNATURE BELOW OF
ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT IT HAS READ THIS
AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
CENTRAL OREGON INTERGOVERNMENTAL COUNCIL
By Date
Tammy Baney, Executive Director
Deschutes County OR
By Date
Tom Anderson, County Administrator
Page 8
EXHIBIT A
STATEMENT OF WORK
The County will provide funding for local business grants; the funding source
is CRF Grant Agreement # 2507 (CARES Act funding allocated by the State or
Oregon to Deschutes County). These funds ($2,234.248.00) will be directed
to the Deschutes County Emergency Business Grant Fund. COIC will serve as
the overall project manager and fiscal administrator for this program.
The grant funds are intended to:
• Make a good faith effort to reach the hospitality industry, businesses
impacted by the recent freeze, small businesses, and woman, black,
indigenous, people of color, and tribal -owned businesses.
• Ensure that these funds are geographically diverse.
• Ensure that these funds are keeping viable businesses operational.
The emergency business grant is NOT for:
• Businesses that have closed and do not intend to reopen.
• Passive real estate holding companies and others holding passive
investments.
• Non-profit entities that do not have federal 501(c) (3) status.
• Businesses that experience a decline in revenues for reasons other
than those caused by the Covid-19 pandemic (e.g. seasonal or cyclical
business cycles).
• Businesses that are delinquent on federal, state, or local taxes that
were due on or before the date of application.
• Businesses that do not comply with all federal, state, and local laws
and regulations.
• Businesses not headquartered and with principal operations in
Oregon.
• Business not registered to do business in Oregon (SOS Business
Registry verification) if such registration is required.
Eligibility and Program Criteria
This program will score businesses based on the following criteria (see
required):
• The business was adversely affected in either one of the following two
ways (Required):
Page 9
o Businesses that were prohibited from operation as directed by
recent Executive orders 20-12 or 20-65.
o The business cab demonstrate a one -month decline in sales of
25% or more, incurred by the Covid-19 pandemic, between
March 1, 2020 and November 30, 2020, as compared against the
same period of time in 2019.
■ (If possible, businesses should provide more recent month
comparisons.)
• Businesses will be asked to report and identify funding from any Covid
business support program they have received (such as through the
Small Business Administration's Paycheck Protection Program (PPP);
Economic Injury Disaster Loan Emergency Advance program (EIDL); or
grants or loans from the County), however, not providing this
information does not disqualify the application.
• Name and description of business (also obtain address and contact
information)
• Identify type of business.
o hospitality industry,
o businesses impacted by the recent freeze:
o gyms and fitness organizations,
o indoor recreational activities,
o museums,
o zoos,
o gardens,
0 outdoor entertainment activities (identified in OHA guidance),
o indoor pools, sports, sports facilities or athletic activities,
0 other small businesses,
• Identify if business is majority owned by woman, black, indigenous,
people of color, service -disabled veteran, and tribal -owned businesses.
• Provide location(s) of business in Deschutes County. Allocation of
monies will generally be geographically diverse within Deschutes
County.
• Provide business start date.
• Provide estimated gross revenues for the most recent 12 months.
• Provide an explanatory statement from the business on why these
funds are needed. (please keep to 150 words or less?)
• Provide information on voluntary demographic questionnaire (State
form).
Page 10
The jurisdiction of any business/non-profit will be determined by the physical
address. Deschutes County grants will include those businesses/non-profits
within the geographical limits of Deschutes County. The program will seek to
provide a thoughtful distribution of monies across the geographical areas of
the County.
Anticipated Funding ranges
Successful businesses will be awarded an amount not greater than the
following ranges, based on documentation provided by the applicants. Please
include employee count (in full time equivalents) immediately preceding the most
recent Governor's executive order (effective 11/1812020)
0-5 employees
o $2,500-$7,500, or
6-10 employees
o $5,000 - $10,000, or
11-15 employees
o $5,000 - $12,500, or
16-20 employees
o $5,000 - $15,000, or
21- 25 employees
o $5,000 - $17,500, or
>25 employees
o $5,000 - $20,000
The ranges are provided to allow for discretion of the committee based on
the strength of the applications and number of applications. It is anticipated
that not all applications will receive grants. Grant funding could be expanded
at the discretion of the committee with sufficient funds.
Marketing plan.
COIC will develop and observe the RFP application rules for establishing and
performing a marketing plan which includes:
• marketing to historically disadvantaged populations and other business
owners consider assistance from EDCO and Latino Community
Association);
• marketing towards sole proprietorships;
• marketing to businesses and non -profits;
Page 11
• marketing in English and Spanish;
• marketing across Deschutes County; and
• leveraging with other organizations to get the word out.
Duration of grant opening process
The grant process will allow for applications to be received over 72 hours and
include a day of a weekend).
Application process
Business Oregon or COIC will develop an application that collects information
and certifications required by the RFP application and as needed to evaluate
applications based on the criteria for Deschutes County. COIC will perform
due diligence on information needed from businesses to classify the
application and/or determine eligibility.
Grant applications will be evaluated through a scoring matrix developed by
COIC and Deschutes County. COIC will help assemble a Deschutes County
committee, including representatives from across the County and will include
a Deschutes County BOCC designee(s). The committee will weigh applicable
criteria to insure compliance with State mandates and County guidance. The
committee may utilize any information collected in the application.
Applications that are incomplete or non -responsive may be rejected.
Efforts are being made by the County and COIC to make this process as quick
as possible. We hope to have the application open the week of November
30t" and payments by the week of December 14t"
Grant review and award process
COIC will work with Deschutes County to assemble criteria and a team to
evaluate eligible grant applications in order to fulfill the RFP requirements and
get grant monies out to small businesses and non-profit business.
Administration and grant disbursement
COIC will be the fiscal agent and administrator for all grants made and be
responsible for all reporting and documentation required under the RFP
application.
Page 12
Deschutes County Emergency Business Grants Program
The County will provide funding for local business grants; the funding source is CRF Grant
Agreement # 2507 (CARES Act funding allocated by the State or Oregon to Deschutes
County). These funds ($2,234.248.00) will be directed to the Deschutes County Emergency
Business Grant Fund. COIC will serve as the overall project manager and fiscal
administrator for this program.
Eligibility requirements
1) The business was adversely affected in either one of the following two ways:
a) Businesses that were prohibited from operation as directed by recent Executive
orders 20-12 or 20-65.
b) The business can demonstrate a one -month decline in sales of 25% or more,
incurred due to the Covid-19 pandemic, between March 1, 2020 and November 30,
2020, as compared against the same period of time in 2019. (If possible,
businesses should provide more recent month comparisons.)
2) The business is headquartered in Oregon and has its principal operations in Oregon.
3) The business must be located and providing good/services in Deschutes County,
Oregon.
4) If required by Oregon law to be registered with the Oregon Secretary of State to do
business in Oregon, the business is so registered.
5) The business incurred necessary expenditures due to the Covid-19 public health
emergency.
6) The business is either for -profit or an entity tax exempt under section 501(c)(3) of the
Internal Revenue Code. `
The emergency business grants are NOT for:
o Businesses that have closed and do not intend to reopen.
_o Passive real estate holding companies and others holding passive investments.
o Non-profit entities that do not have federal 501(c) (3) status.
o Businesses that experience a decline in revenues for reasons other than those
caused by the Covid-19 pandemic (e.g. seasonal or cyclical business cycles).
o Businesses that are delinquent on federal, state, or local taxes that were due on
or before the date of application.
o Businesses that do not comply with all federal, state, and local laws and
regulations.
Page 11 of 3
Ver 11/25/2020b
Additional criteria for evaluation / application form
Additional criteria/information for ranking submissions include (in no particular order of
importance)
• Name and description of business (also obtain address and contact information)
• Identify type of business.
o hospitality industry,
o businesses impacted by the recent freeze:
■ gyms and fitness organizations,
■ indoor recreational activities,
■ museums,
■ zoos,
• gardens,
■ outdoor entertainment activities (identified in OHA guidance),
• indoor pools, sports, sports facilities or athletic activities,
o other small businesses,
• Identify if business is majority owned by woman, black, indigenous, people of color,
service -disabled veteran, and tribal -owned businesses.
• Provide location(s) of business in Deschutes County. Allocation of monies will generally
be geographically diverse within Deschutes County.
• Provide business start date.
• Businesses will be_asked to must report and identify funding from any Covid business
support program they have received (such as through the Small Business
Administration's Paycheck Protection Program (PPP); Economic Injury Disaster Loan
Emergency Advance program (EIDL); or grants or loans from the County) however, not
providing this information does not disqualify the application.-.
• Provide estimated gross revenues for the most recent 12 months.
• Provide an explanatory statement from the business on why these funds are needed.
(please keep to 150 words or less?)
• Provide -information on voluntary demographic questionnaire (State form).
Anticipated funding ranges ^°-ugl-Iv-a-fula "�^^^°��'^w
Successful businesses will be awarded an amount not greater than the ollowin an es based
on documentation provided by the applicants.
Page 12 of 3
Ver11/25/2020b
Please include employee count (in full time equivalents) -immediately preceding the most recent
Governors executive order (effective 11/1812020)
0-5 employees
o $2,500-$7,500, or
6-10 employees
o $5,000 - $10,000, or
11-15 employees
o $5,000 - $12,500, or
16-20 employees
o $5,000 - $15,000, or
21- 25 employees
o $5,000 - $17,500, or
>25 employees
o $5,000 - $20,000
The ranges are provided to allow for discretion of the committee based on the strength
of the applications and number of applications. It is anticipated that not all applications
will receive grants. Grant funding could be expanded at the discretion of the committee
with sufficient funds.
Application process
We anticipate keeping the application process open for 72 hours (to include a weekend
day). Grants will be evaluated and ranked based on information collected or provided.
Only one application per business.
Grant applications will be evaluated through a scoring matrix developed by COIC and
Deschutes County. ICOIC will help assemble a Deschutes County committee, including
representatives from across the County and will include a Deschutes County BOCC
designee(s). [The -committee will weigh applicable -criteria -to insure compliance with State
--
mandates and County guidance. The committee may utilize any information collected in
the application. Applications that are incomplete or non -responsive may be rejected.
Efforts are being made by the County and COIC to make this process as quick as possible.
We hope to have the application open the week of November 30;h and payments by the
-------------
week of December 14th
---
Marketing plan.
Page 13 of 3
Ver11/25/2020b
Commented [DG1]: should we simplify and just indicate
a committee formation at the discretion of the County.
Formatted: Superscript —�
Formatted: Superscript
COIC will develop and observe the RFP application rules for establishing and performing a
marketing plan which includes:
• marketing to historically disadvantaged populations and other business owners
(consider assistance from EDCO and Latino Community_Associationl;
• marketing towards sole proprietorships;
• marketing to businesses and non -profits;
• marketing in English and Spanish;
• marketing across Deschutes County; and
• leveraging with other organizations to get the word out.
Page 14 of 3
Ver11/25/2020b
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Monday Meeting of November 30, 2020
DATE: November 24, 2020
FROM: Cody Smith, Road Department,
TITLE OF AGENDA ITEM:
Consideration of Document No. 2020-816, a Cooperative Improvement Agreement with
Central Oregon Irrigation District for the NE Negus Way/NE 17Th St Improvement Project
and Smith Rock -King Way Pipeline Project
RECOMMENDATION & ACTION REQUESTED:
Move for approval of Document No. 2020-816.
BACKGROUND AND POLICY IMPLICATIONS:
The NE Negus Way/NE 17th St Improvement project will include full depth reclamation of the
existing paved roadway (the pavement is currently in very poor condition), replacement of the
existing Pilot Butte Canal crossing (the existing structure is a deficient bridge), widening of the
roadway, improvement of various intersections, and other work. The Road Department initially
budget for the project in Fiscal Year 2019.
In late 2018, the Road Department began coordination with Central Oregon Irrigation District
(COID), who were planning improvements to their irrigation facilities that coincide with NE 17th
St as part of their Smith Rock -King Way Pipeline project. COID's project includes piping of the
Pilot Butte Canal where it crosses NE 17th St and piping and realigning the G4 Lateral Canal
within the right of way of NE 17th St. When coordination with COID began, COID intended to
pipe the NE 17th St canal crossing as early as 2019, which would provide for construction of
the County's project in 2020. As such, the Road Department did not budget for replacement of
the canal crossing structure when the project budget was updated for the 5-year Road Capital
Improvement Plan for Fiscal Year 2020.
Due to funding issues, COID subsequently delayed the start of construction of the Smith Rock -
King Way Pipeline project; as a result, the Road Department delayed the start of the NE Negus
Way/NE 17th St Improvement project to allow for additional coordination. Presently, COID
anticipates having the funding to pipe the section of the Pilot Butte Canal that crosses NE 17th
St in "Year Two" of the Smith Rock -King Way Pipeline Project, which corresponds with the
irrigation season and begins in October 2021.
Due to the poor pavement condition on NE Negus Way and NE 17th St, Road Department staff
are not inclined to delay construction of the NE Negus Way/NE 17th St Improvement project to
2022 to allow for construction of the COID project; similarly, Road Department staff are not
inclined to phase the project to allow for construction of the canal crossing separately in 2022,
as this will create a temporary "choke point" in the corridor and will increase the project cost,
potentially creating two separate projects.
Road Department staff has been working closely with COID's project team to develop a
solution to COID's project delay and its impacts to the County's project. Recently, COID has
indicated that piping of the Pilot Butte Canal across NE 17th St can be advanced to "Year One"
and accommodate construction of the County's project in 2021 if the County can contribute
$300,000 towards COID's project.
Separately, COID's Smith Rock -King Way Pipeline project includes piping of several other
canal segments that cross County roads. COID has approached Road Department staff
regarding County participation in funding those portions of COID's project that cross County
roads, as their project is underfunded. Road Department staff believes that removal of existing
canal crossing bridges and replacement with pipe is a great benefit to the County as it will
reduce liability and maintenance costs associated with bridge ownership.
In response to the coordination with COID and project issues described above, the Road
Department has negotiated with COID and drafted the attached agreement. With this
agreement:
• The County would contribute $300,000 to COID to advance piping of the Pilot Butte
Canal to "Year One" of the Smith Rock -King Way Pipeline project. The proposed
amount equals 66% of the total estimated cost of $455,500 for this portion of the COID
project; the remaining cost ($155,500, 34%) would be bore by COID. This would
accommodate construction of the NE Negus Way/NE 17th St Improvement project in
2021.
• The County would contribute $22,750 to COID for piping the J-Lateral canal where it
crosses NE 33rd St. The proposed amount equals 50% of the total estimated cost of
$45,500 for this portion of the COID project; the remaining cost ($45,500, 50%) would
be bore by COID.
FISCAL IMPLICATIONS: The County would make payment to COID in the amount of
$322,750 in Fiscal Year 2021 from the Road CIP fund. A total of $788,684 was budgeted for
the NE Negus Way/NE 17th St Improvement project budgeted in Fiscal Year 2021; while the
COID payment was not included when this budget was compiled, Road Department staff
believe that this budgeted amount will capture the COID payment, as staff do not believe that
the total Fiscal Year 2021 budgeted amount for construction ($500,000) will be fully realized
prior to June 30, 2021.
ATTENDANCE: Cody Smith, County Engineer; Chris Doty, Road Department Director
EV EWE
COOPERATIVE IMPROVEMENT AGREEMENT
Smith Rock — King Way Canal Pipeline Project
and NE Negus Way/NE 17t" Street Improvement Project
This agreement is made and entered into by and between DESCHUTES COUNTY, a
political subdivision of the State of Oregon ("County") and CENTRAL OREGON
IRRIGATION DISTRICT, a municipal corporation of the State of Oregon ("District").
RECITALS
1. By the authority granted in ORS 190.010, a unit of local government may enter into a
written agreement with any other unit or units of local government for the performance
of any or all functions and activities that are party to the agreement, its officers or
agencies have the authority to perform.
2. The Pilot Butte Canal and associated lateral canals, as identified in the attached
Exhibit "A", by this reference made a part hereof, are under the jurisdiction and control
of District.
3. The roads identified in the attached Exhibit "A" are part of the County road system
under the jurisdiction and control of County.
4. County is delivering the NE Negus Way/NE 17th Street Improvement project ("County
Project"), which includes improvement of NE 17th Street where it crosses the Pilot
Butte Canal. County has programmed construction of County Project to occur in
Calendar Year 2021, with construction anticipated to start in spring 2021 and to be
completed by December 31, 2021.
5. District is delivering the Smith Rock — King Way Canal Pipeline project ("District
Project"), which includes piping of the Pilot Butte Canal and associated lateral canals.
Due to funding constraints, District anticipates that the portion of District Project that
includes piping the Pilot Butte Canal where it coincides with NE 17th Street cannot be
delivered by District until after 2021.
6. The portion of District Project within the limits of County Project must be delivered
prior to or concurrently with County Project to allow for improvement of NE 17th Street,
including removal of the existing County road canal crossing structure over the Pilot
Butte Canal, construction and widening of NE 17th Street, and realignment of the NE
17th Street/NE King Way intersection.
NOW THEREFORE, it is agreed by and between the Parties hereto as follows:
TERMS OF AGREEMENT
1. The Parties agree that County will partially fund the portions of District Project within
County right of ways where a County road canal crossing bridge will be removed and
replaced with pipe. The locations of these portions of District Project are depicted in
the attached Exhibit "A". The County's cost sharing amounts are set forth in the
attached Exhibit "B", by this reference made a part hereof.
2. District will deliver all portions of District Project within County road right-of-ways.
3. To accommodate the completion date for County Project, the Parties agree that
County will partially fund the portion of District Project that includes piping the Pilot
Butte Canal where it coincides with NE 17th Street and that District shall construct said
portion of District project by no later than June 30, 2021.
4. The term of this Agreement shall begin on the date all required signatures are obtained
and shall terminate upon completion of the County Project, completion of the District
Project, and final payment or December 31, 2022, whichever is sooner.
DISTRICT OBLIGATIONS
1. District shall submit District Project plans to County for review. District shall
incorporate County plan review comments for portions of District Project within County
road right-of-ways into District Project plans prior to construction.
2. District shall construct the portions of District Project within County road right-of-ways,
including portions identified for cost sharing as identified in the attached Exhibit "A".
3. Upon execution of this Agreement, District shall invoice County for the amount shown
in the attached Exhibit "B" for the portion of District Project that includes piping the
Pilot Butte Canal where it coincides with NE 17th Street (depicted as Location "A" in
the attached Exhibits "A" and "B"). District shall send invoice to County's Project
Manager.
4. Upon construction completion of the individual portions of District Project identified for
cost sharing in the attached Exhibits "A" and "B" other than Location "A", District shall
invoice County for the amount shown for each portion in Exhibit "B". District shall send
invoice to County's Project Manager.
5. District shall complete the portion of District Project that includes piping the Pilot Butte
Canal where it coincides with NE 17th Street by no later than June 30, 2021.
6. District shall complete all remaining portions of District project within the project limits
of County Project prior to the start of construction of County Project.
7. District grants County the right to enter onto District right-of-ways for the performance
of duties as set forth in this Agreement.
8. District's Project Manager is Kevin Crew — Black Rock Consulting, 541-480-6257,
blackrockci@gmail.com or assigned designee upon individual's absence. District shall
notify County in writing of any contact information changes during the term of this
Agreement.
9. To the extent allowed by the Oregon Constitution, and within the limits of the Oregon
Tort Claims Act, District shall defend, indemnify, and save County, its officers, agents
and employees harmless from any and all claims, actions, costs, judgments, damages
and other expenses resulting from injury to any person (including injury resulting in
death) or damage to property (including loss or destruction), of whatsoever nature,
proximately caused by the negligence or other wrongful acts of District, its officers,
agents and employees, pertaining to the project, the services, or arising out of this
Agreement.
COUNTY OBLIGATIONS
County shall review District Project plans and will provide plan review comments to
District for portions of District Project within County road right-of-ways.
2. County shall make payment to District in the amounts shown in the attached Exhibit
"B" as County's contribution for the cost of the portions of District Project identified for
cost sharing in the attached Exhibit "A". County shall disperse payment within 30 days
of receipt of invoice from District identified in District Obligations, Paragraphs 3 and 4
of this Agreement. County shall send payment to Central Oregon Irrigation District —
Attn: Craig Horrell, 1055 SW Lake Court, Redmond, Oregon 97756.
3. County grants District the right to enter onto County right-of-ways for the performance
of duties as set forth in this Agreement.
4. County's Project Manager for this Project is Cody Smith — County Engineer, 61150
SE 27th Street, Bend, OR 97702, (541) 322-7113, cody.smith(a-deschutes.org, or
assigned designee upon individual's absence. County shall notify District in writing of
any contact information changes during the term of this Agreement.
5. To the extent allowed by the Oregon Constitution, and within the limits of the Oregon
Tort Claims Act, County shall defend, indemnify, and save District, its officers, agents
and employees harmless from any and all claims, actions, costs, judgments, damages
and other expenses resulting from injury to any person (including injury resulting in
death) or damage to property (including loss or destruction), of whatsoever nature,
proximately caused by the negligence or other wrongful acts of County, its officers,
agents and employees, pertaining to the project, the services, or arising out of this
Agreement.
GENERAL PROVISIONS
1. This Agreement may be terminated by mutual written consent of both Parties.
2. Either Party may terminate this Agreement effective upon delivery of written notice to
the other Party under any of the following conditions:
a. If either Party fails to provide services called for by this Agreement within the time
specified herein or any extension thereof.
b. If either Party fails to perform any of the other provisions of this Agreement, or so
fails to pursue the work as to endanger performance of this Agreement in
accordance with its terms, and after receipt of written notice from the other Party
fails to correct such failures within ten (10) days or such longer period as the
Party may authorize.
c. If either Party fails to provide payment of its share of the cost of the Projects.
d. If either Party fails to receive funding, appropriations, limitations or other
expenditure authority sufficient to allow the Party, in the exercise of its
reasonable administrative discretion, to continue to make payments for
performance of this Agreement.
e. If federal or state laws, regulations or guidelines are modified or interpreted in
such a way that either the work under this Agreement is prohibited or significantly
changed or either Party is prohibited from paying for such work from the planned
funding source.
3. Any termination of this Agreement shall not prejudice any rights or obligations accrued
to the Parties prior to termination.
4. The indemnification provisions of this Agreement are intended to allocate risk for the
work between County and District. Nothing in this section is intended to confer any
right to indemnity on any independent contractor retained by County or District to
perform the work, or to waive any right of indemnity against a contractor under the
terms of the contract or otherwise.
5. This agreement will be governed by and construed in accordance with laws of the
State of Oregon. Each party shall perform its obligations under this agreement in
accordance with all applicable statutes, ordinances, rules and regulations.
6. Any notice required to be given under this agreement must be in writing and must be
given by personal delivery or mail, except that any notice required by law must be
given in the manner specified by such law.
7. There will be a default under this Agreement if either party materially fails to comply
with any provision of this agreement within the time(s) herein, and fails to cure such
noncompliance within thirty days after the other party gives notice specifying the
4
breach. In the event of a default, before either party may bring an action in any court
concerning this Agreement, such party must first endeavor in good faith to resolve the
issue through negotiation or mediation. If a default occurs and it is not resolved under
through negotiation or mediation, the party injured by the default may elect to pursue
any equitable or legal rights and remedies available under Oregon law.
8. If any provision of this Agreement is determined to be invalid by any court with
jurisdiction over this agreement, such invalidity will not affect any other provision of
this agreement. Unless the invalid provision is essential to the purpose or performance
of this agreement, this Agreement will be construed as if such invalid provision had
never been included.
9. No condition or breach of this Agreement will be deemed waived unless such waiver
is in writing and signed by the Party waiving its rights. Any waiver of a condition or a
breach by either party will not constitute waiver of any other different or subsequent
breach.
10. The Parties shall attempt in good faith to resolve any dispute arising out of this
Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or
arbitrator (for non -binding arbitration) to resolve the dispute short of litigation.
11.This Agreement may be executed in several counterparts (facsimile or otherwise) all
of which when taken together shall constitute one agreement binding on all Parties,
notwithstanding that all Parties are not signatories to the same counterpart. Each copy
of this Agreement so executed shall constitute an original.
12.This Agreement and attached exhibits constitute the final and complete agreement of
the parties concerning the project and supersedes all prior and existing written or oral
understandings except as otherwise continued in effect by the terms of this
agreement. No modification of this Agreement will be valid unless it in writing and
signed by the Parties.
(SIGNATURE PAGE TO FOLLOW)
5
CENTRAL OREGON IRRIGATION
DISTRICT
By "—
Craig Horrell, Managing Director
Date La.20to
REVIEWED AS TO FORM
District Legal Counsel
Date
DESCHUTES COUNTY
By
Patti Adair, Chair
Date
By
Tony DeBone, Commissioner
Date
By
Philip G. Henderson,
Commissioner
Date
REVIEWED AS TO FORM
By aVVU/
Coun y Legal Counsel
Date I' T V--0
(;_
NE 1
0'PH
t Vol�;Ok7-r/
6TH DR '` x
J ^;
�REDNOND F-- m �
REDWOOD AVE't,_--
z I
k QUINCE PL ' I
QUINCE AVE
-°i 'ACHE CIR
/A - L.Uk MI IVIN IVI/ArO
I
inpro`ement Project__
(County Project) l�� 3•�
I- , y
r G-4 Lateral Piping
p (District Project)
--
- r -.iT < a :YUCCAAVE YU A
- tl CCA VE
I
� f
WAt NU7, ;
1 I
o
r
s
C9
VA
RNISH AVE
SH --
': \ �,/
,p ..> - — - UPAS AVE
Location "A"
Pilot Butte Canal Pipeline
-- Under NE 17th St
(District Project)
I
rn
c
\ i N
i
/
/0
Co�z
PILOT BUTTE CANAL PIPELINE PROJECT
LEGEND
W`,utES
Project Area
& NE 17TH ST IMPROVEMENT PROJECT
---Canal L_ - Tax lot
-� Railroad County
0
® Project
The information on this map was delved from the digital databases on the
N
/
Road Classification
Highway ®District
Deschutes Counry's G.LS. Care was taken in the creation of this map, but it is
provided "as is." Deschutes County cannot accept any responsibility for errors,
omissions, or positional accuracy in the digital data or the underlying records.
c'...:':> Arterial Project
There are no warranties, express or Implied, including the warranty of
Collector
Local
merchantability or fitness for a particular purpose, accompanying this product
' 'A"*`
However, notification of any errors will be appreciated.
10/29/2020
0 500 1 0 00
ArcGIS Proj\COIC\SmithRockWay_33RD Canals_8_5X11
FXHIRIT "A" - PAGE 1 OF 2
WILCOX AV
���1 v._. / �o '� -Lateral Smith Rock `�� PVE
,� 1 J L —
v 1 _ NN
% ' (District
Crossing
\ � � / � �. '<str>tct Project) 1
r,
11,
ric 0_
=TERREEONE - -- CKAVE _ - SMITH ROCK -WAY , T _
PIONEER L.. — �`
CEMETERY
J-Lateral NE 33rd St
Crossing 3 of 3
(District Project)
9 d
- v
Location itB " 119
o
G _ J-Lateral NE 33rd St �
t
- � MONTGOM'ERY AVE
7 ! Crossing 2 of 3 � y
\w
-? _ y.y
(District Project)
I
J-Lateral NE 33rd St
V
Crossing 1 of 3 i _T(
,_ '�! (District Project)
1-6
/ � l U
i
f ) W
to
/ W
t r/
AVE - —
COYNER 1 I
1 ES �
Project Area ye V°°LEGEND
ti PILOT BUTTE CANAL PIPELINE PROJECT
° ---Canal Tax lot
MONp �` Railroad ®County
The information on this map was derived from the digital databases on the Road Classification Project
Deschutes County's G.I.S. Care was taken in the creation of this map, but it is N Highway ® District
provided "as is." Deschutes County cannot accept any responsibility for errors, n Project
�zo omissions, or positional accuracy in the digital data or the underlying records.== -=� Arterial
There are no warranties, express or implied, including the warranty of Collector
merchantability or fitness for a particular purpose, accompanying this product Local
ACE - However, notification of any errors will be appreciated. 10/29/2020 0 1,000 2,000
ArcGIS_Proj\COIL\SnvtliRocL-Way_33RD_Canals-8_5X11 i Ft
EXHIBIT "A" - PAGE 2 OF 2
EXHIBIT "B" - COST SHARING
LOCATION "A"
PILOT BUTTE CANAL PIPELINE CROSSING UNDER NE 17TH ST
• TOTAL ESTIMATED COST - $455,500
• TOTAL DISTRICT SHARE - $155,500 (34%)
• TOTAL COUNTY SHARE - $300,000 (66%)
LOCATION "B"
J-LATERAL PIPELINE CROSSING UNDER NE 33RD ST
• TOTAL ESTIMATED COST - $45,500
• TOTAL DISTRICT SHARE - $22,750 (50%)
• TOTAL COUNTY SHARE - $22,750 (50%)
EXHIBIT "B" — 1 of 1
Technical Memorandum
Page 1 of 6
DATE: November 4, 2020
Revised November 19, 2020
PROJECT: 1800229-COID Pilot Butte Canal
Pipeline Project
TO: Cody Smith
Deschutes County
PHONE: 541-322-7113
EMAIL: cody.smith@deschutes.org
SUMMARY
EXHIBIT "C"
1 � ' Y[ARS
I A q)ff ar
SUBJECT: Year 1 Project Work within Deschutes
County NE 17th and NE 33rd Streets
Rights -of -Way
FROM: Mark Wharry
KPFF Consulting Engineers
PHONE: 503-542-3864
EMAIL: mark.wharry@kpff.com
At the request of Central Oregon Irrigation District (COID), this Technical Memorandum has been developed
to quantify various Pilot Butte Canal Project Year-1 work components that will be constructed within the
Deschutes County ROW. These work elements have been discussed between COID and Deschutes County
during several conference calls over the last few months and will involve coordination and cost sharing
between COID and Deschutes County. These specific work components are listed in the table below.
Work
Work
Cost Share
Item
Description
Discussed
1
G-4 Lateral within NE 17th Street ROW
Installation cost by COID.
Installation of approximately 2,000 linear feet of
Installation designed under existing
12" G-4 lateral irrigation HDPE conveyance piping
AC road paving and scheduled to be
in 17th Street near King Way.
installed prior to Deschutes County
road improvement project.
2
PBC Pipeline Crossing under NE 17th Street
Design and installation costs paid by
Installation of 108" steel pipeline crossing at the
Deschutes County subject to cost
location of the existing COID canal under 171h
review. Pipe crossing to be
Street. Crossing to be 160 linear feet with
completed in advance of the
temporary concrete transitions structures each
County's ongoing road
side of ROW.
improvement project by COID
contractor. (Text revised
1111912020)
3
Removal of Existing COID 1-Lateral Bridge under
Deschutes County to pay 50% of
NE 33rd Street
design and construction subject to
Installation of 36-inch HDPE pipeline in the 1-
cost review.
Lateral ditch under NE 33rd Street. Replace
existing concrete bridge crossing with traffic
rated pipe.
111 SW Fifth Avenue, Suite 2600, Portland, OR 97204 503.542.3860 FAX 503.274.4681
Eugene, OR Portland, OR
EXHIBIT "C" - 1 of 6
Memorandum
November 4, 2020 kPff
Page 2 of 6
G-4 LATERAL WITHIN DESCHUTES COUNTY NE 17T" STREET ROW
The COID Pilot Butte Canal (PBC) Pipeline Year-1 Package has included design documentation for installation
of approximately 2,000 linear feet of 12" G-4 lateral irrigation HDPE conveyance piping in 17th Street near
King Way. Per discussions with Deschutes County, the pipeline will be installed under the east edge of the
existing asphalt paving. Based on review of preliminary future road grades from DEA, the County's design
consultant, the pipe has been shown installed with a minimum of 3.5-feet of cover to the proposed new
road grades. A temporary asphalt pavement patch will be installed over the pipe trench as shown in the
typical section in Figure 1 below.
EXISTING EDGE OF ROAD PAVING
1— 4'--0" -
- I I
EXISTING AC ROAD PAVEMENT NEW AC PAVEMENT 1
PROVIDE BASE COURSE
TO MATCH EXISTING
APPROXIMATELY 8" WITH
3" AC SURFACE PATCH
SECTION
7TI-I AVE AFTER 13+00
SCALE: 1" = 4'
(LOOKING NORTH)
Figure 1: New G-4 Lateral Pipeline Under NE 17th Street
PILOT BUTTE CANAL PIPELINE CROSSING UNDER NE 17TH STREET ROW
Deschutes County has requested that a portion of the overall planned 108" PBC steel pipeline be installed
at the NE 17th Street canal crossing near the intersection of NE King Way ahead of the COID planned schedule
for that work. Based on these discussions, KPFF will prepare a small design package for installation of 160
linear feet of 108" diameter, polyurethane coated and lined steel pipeline. The pipeline will be rated for 125
psi and will have temporary transition structures at each end. These structures will incorporate a concrete
headwall at the termination of the pipe and associated precast Ultra -Block wingwalls.
The preliminary pipe crossing plan and profile design is shown in Figures 2 and 3 below. A conceptual sketch
for the transition structures is illustrated in Figure 4. A preliminary Engineer's Opinion of Probable Cost for
the pipeline crossing is tabulated below.
EXHIBIT "C" - 2 of 6
Memorandum
November 4, 2020
Page 3 of 6
108" STEEL PIPELINE CROSSING UNDER NE 17T" STREET
PRELIMINARY ENGINEER OPINION OF PROBABLE COST
Work Item
Quantity
Units
Unit Cost
Subtotal
Mobilization
1
LS
$20,000
$20,000
Road Demolition & Removal
1,000
SF
$2.50
$2,500
Bridge Demolition Allowance
1
LS
$10,000
$10,000
Trench Excavation
1,000
CY
$20
$20,000
Rock Blasting & Haul to Crush Site
1,000
CY
$40
$40,000
Pipe Bedding & Trench Zone Backfill
1,000
CY
$30
$30,000
Pipe Cover Backfill
1,000
CY
$20
$20,000
108" Pipeline Material Delivered to Site
160
LF
$600
$96,000
Pipeline Installation & Welding
160
LF
$250
$40,000
Concrete Footings & Headwalls (2)
40
CY
$1,000
$40,000
Precast Ultra Block Wingwalls (2)
1000
SF
$50
$50,000
Handrails (2)
120
LF
$50
$6,000
Temporary Road Reconstruction
1000
SF
$15
$15,000
Miscellaneous Restoration Allowance
1
LS
$10,000
$10,000
Estimating Contingency (5%)
1
LS
$20,000
$20,000
Design Allowance
1
LS
$36,000
$36,000
Total
$455,500
RT 0.03'
POD TRANSITION STRUCTURE
SEE DETAILS 1/C835 & 2/C835. [11 EF - 6'IRR-KIN 00
APPROX. NEW NE 17TH STREET ;,1 4 LF - 6'IRR-KW /—
& NE KING WAY INTERSEC710.Y �l 54.05'-
AUGNMENT
i i I
Jl T
5 LF - 6"IRR KW —
w 20.00'--�.
1 50 -GATE VANE FUTURF 106'IRR-KW
O� POE TRANSITION STRUCTURE
4 SEE DETAILS 1/C835 & 2/C835.
' JFA, 14 lF - 108'IRR-KW
g¢P 5=O.t7R
4 B-20
IRR-KW PT-12
i
BORING 20
80+05.29 RT 2014'
I-PBC-35-1
78+73.38 LL,- 1 IRR-KW PC-12 6` TURNOUT �-
O.00' �� 79+41,08 "13 Lf - 6'IRR-KW
POE TRANSITION STRUCTURE 9�4� a 4 LF - 6'iRR-KW
SEE DETAILS 1/C835 & 2/C835.
SO - GATE VALVE. 5 LF - 6'IRR-KW
78+56.13
I
0.00' /
POB TRANSITION STRUCTURE )
'EE DETAILS I/C835 & 2/C835. I I .
69 LF- 108"IRR-KW
8=0.1.tOS
Figure 2: PPC 108" Pipeline Under 17th Street — PLAN (Sta. 77+50 at Upstream Transition Structure)
EXHIBIT "C' - 3 of 6
Memorandum
November 4, 2020
Page 4 of 6
^
TOP CF
NE 17TH ST.\\
'
MANSITION STRUCTURE
78+E).05
RIM 2974.30
TOP OF
TRANSPON STRUCTURE
-
80+25.27
'
Riu 2973.90
RE
(RASH RACK RE
MC--
SCE SHEETEET
78,56.13
FUTURE 108'IRR-KW
.. I.C. 2969,29
1
69 LF - 108'IRR-KW
0.10R
F`.RP Vw-..
O
7RASN RACK STRUCTURE
t`w- y -I
SEE SHEET 1-835
\\
'7i+6 L32
1"1 vi
I.C. 295878
U
PBC-3KW
PBC-35
IE-2965.66
80+23A6
PIPE BEGINNING AT
TRANSITION STRUCTURE
11 LF - 1097RR-KW
HEADWALL.
7+73.38
0.t 79
8I. 2961.55
i-PPE ENDING AT
TRANSITION STRUCTURE
65 LF - 1081HR-KW
HEADWALL.
8Ot16.94
0.08%
I.E. 2961.41
78+00 78+50
79+00
79+50
�1
80+ I
80+50 81+00
Figure 3: PBC 108" Pipeline Crossing Under NE 17th Street — PROFILE
HANDRAIL
Figure 4: Preliminary Sketch 108" Pipe Crossing Transition Structure
16' WIDE PREFABRICATED GALVANIZED
DOUBLE FARM CALL (2.8' WDL • 4HIGH
GATE LEAFS NTH 4' DIAMETER GATE POSTS
CONC. HEADWALL
PiPFLINF.............. ... m.
.I
CONCRETE FOOTING ._
EXHIBIT "C" - 4 of 6
Memorandum
November 4, 2020
Page 5 of 6
REMOVAL EXISTING COID CANAL BRIDGE UNDER NE 33RD STREET ROW
The PBC Year-1 work package includes Installation of a 36" HDPE pipeline in the J-Lateral ditch. The J-Lateral
crosses under NE 33rd Street in three places. Two of the existing crossings are simple culverts; the proposed
new pressurized pipeline will replace the gravity open culvert pipe. One crossing, however, will replace an
existing concrete bridge crossing with the new traffic rated pipe. An exhibit showing the new pipe crossing
plan and profile design is shown in Figures 5 and 6 below. A preliminary Engineer's Opinion of Probable Cost
for the pipeline crossing is tabulated below.
36" HDPE 1-LATERAL PIPELINE CROSSING UNDER NE 33RD STREET
ENGINEER OPINION OF PROBABLE COST
Work Item
Quantity
Units
Unit Cost
Subtotal
Road Demolition & Removal
1,000
SF
$2.50
$2,500
Bridge Demolition Allowance
1
LS
$10,000
$10,000
Trench Excavation
150
CY
$20.00
$3,000
Pipe Bedding & Trench Zone Backfill
50
CY
$30.00
$1,500
Pipe Cover Backfill
100
CY
$20.00
$2,000
36" Pipeline Material & Installation
60
LF
$150
$9,000
Street Reconstruction
1,000
SF
$15.00
$15,000
Estimating Contingency (5%)
$2,500
Total
$45,500
HISTORIC COID EASEMENT.----_,_____� T-IRR-JLAT PC-12
SEE SHEET C-003 FOR j STA 32411.36
MORE INFORMATION. ^`~�\` 1 j N 305730.76
L E 294292,60
SEE CROSSING SHEET J-202 REMOVE EXISTING
1 CONCRETE BRIDGE R 102.00'
\; AND WINGWALLS f L 72.70'
x A 40*50'11"
16 IRR-JLAT PT-12
STA 32+84.06
N 305755.58
E 294359.30
0 331100 5 222'
J-1-GV-05
INSTALL 60' 0F�36" ` 1
DIA DR 21 HDPE IRR-JLAT 1-VWt T-05-- 34+00
IRRIGA-Tt6N PIPE IN 6
J710ERAL DITCH
13 92' _.
IRR-JLAT PC-13 R 102.00'
STA 33+75.88 L 33.71'-
N 305815.62 �18'56'17" 11
E 294428.77
IRR-J_AT PT-13J
STA 34+09.59
N 305841.45
E 294450.20
Figure 5:1-Lateral 36" Pipeline Under 33rd Street - PLAN
EXHIBIT "C" - 5 of 6
Memorandum
November 4, 2020
Page 6 of 6
NE 33rd STREET ROW
60'
EX. TOP OF BANK 25' NE 3RD STREET AC PAVEMENT EXTENTS
OFFSET LT FROM CENTERLINE I REMOVE EXISTING
CONCRETE BRIDGE
BEGIN BRIDGE
32+07.00- I
STRUCTURE
END BRIDGE
32+36.00
NEW 36" HDPE J-LATERAL
PIPELINE CROSSING UNDER 4,
NE 33RD STREET
Figure 6: J-Lateral 36" Pipeline Under 33rd Street - PROFILE
COPIES:
Craig Horrell, COID
Shon Rae, COID
Jeff England, CIP
Kevin Crew, BRC
Kevin Isley, TNW
10101800229- pm
EXHIBIT "C" - 6 of 6
ES c0
qr� 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 November 30, 2020
DATE: November 3, 2020
FROM: John Hummel, District Attorney's Office, 541-317-3134
TITLE OF AGENDA ITEM:
Consideration of Reallocation of Vacant Investigator Position at District Attorney's Office
I E S C®GZ
a Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR
97703
(541) 388-6570 - Fax (541) 385-3202 -
https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Wednesday Meeting of November 30A
DATE: November 3, 2020
FROM: John Hummel
TITLE OF AGENDA ITEM: Consideration of Board signature and acceptance for a reallocation of vacant
Investigator position.
RECOMMENDATION & ACTION REQUESTED:
We are requesting approval to reallocate funding from our current, vacant, Investigator position to a
Deputy District Attorney position.
BACKGROUND AND POLICY IMPLICATIONS:
Our business needs require an investigator and additional deputy district attorneys. When a vacancy
was created in the investigator position (due to a retirement) DA Hummel assessed the needs of the
office with an eye toward whether the office would be able to better fulfill their mission by filling the
investigator position or by reallocating the position to a deputy district attorney position. DA Hummel
determined the office had more unmet needs in the deputy district attorney department than the
office would have in the investigator department if the investigator position was unfilled.
By not filling the investigator position, investigation work would not get done internally, and would
have to be farmed out to law enforcement, thus resulting in some tasks not being completed, and the
tasks that are completed taking longer to complete than when the tasks are handled in house.
Additionally, this would burden law enforcement.
By not adding an additional DDA, many attorney duties would continue to not get done. The impact to
our community will include: less frequent contact with victims of crime, less frequent contact with
witnesses to crimes, less case review which increases the odds that the innocent will not be
exonerated and the guilty will be acquitted.
FISCAL IMPLICATIONS:
94.3% of the DA's office is funded through General Fund. Therefore any increases in the DA's current
or upcoming budgets will mostly be supported by General Fund dollars.
The additional approximately $22,300 per year expense for a deputy district attorney compared to an
investigator would be covered this year by the General Fund: specifically, the DA's office is
underspending our budget by 1.75 percent, and there would be a gap of approximately 2-3 months
between the retirement of the investigator and when a deputy district attorney would be hired, which
would result in additional budget savings. In subsequent years the additional expense would be
funded by the General Fund.
The DA's office is currently projected to underspend their FY 2020-21 Salaries and Wages
appropriations by $61,868, leaving the DA's office with enough room to absorb the estimated annual
increase of $31,743 in total Personnel cost for this fiscal year. This means the DA's office would most
likely not increase their FY 2020-21 personnel budget because of projected vacancy savings and thus
would not need a current year budget adjustment.
ATTENDANCE:
John Hummel
General Instructions:
Submit this form to Human Resources for consideration and approval of transactions related to Positions
(FTE), such as:
✓ Adding FTE(s) outside of Budget —After approval of a Board Resolution -per HR-1— only the Board can
approve the addition of FTEs
o This form is necessary to provide the detailed information; i.e. location/supervisor, personnel
status, limited duration dates, etc.
o No need for additional approvals, Board Resolution # will suffice
✓ General changes to a vacant position; i.e. supervisor/location change, funding string, etc.
✓ Reallocating FTE(s) from one Job Class to another
o Detailed business justification is required
o If the reallocation is to a higher Job Class, this will bean increase in cost/original budget,
Department will need to outline the specific cost difference and explain how the Department
plans to fund the increase
■ May require Board approval/budget adjustment
o Keep in mind, if these are limited duration positions, funding must stay the same; i.e.
Departments may not transfer FTE from one grant -funded program to another
After HR reviews the below outlines the Final Approval Process for FTE Reallocations
➢ HR Director Approval:
o Same Job Class/Pay Grade and status
o Different Job Class, same Pay Grade, and status
o Lower Job Classification/Pay Grade
➢ County Admin/Board Approval:
o Higher Job Class/Pay Grade
■ May require Board approval/budget adjustment
Please keep in mind obtaining approval for the Position (FTE) happens first. Upon approval, an
Employee Status Change Form or a Recruitment Authorization may be submitted, as applicable.
11 Page
Position Control Request Form
11— 1nr rhnnnnc rn vnrnnt Pncitinnc rPquPst naw FTF. request reallocation of Position
Department/Elected
Date:
OC i OBER 14, 2020
Office:
DISTRICT ATTORNEY'S OFFICE
General information changes to position; i.e. funding, supervisor, etc.
Position#:
Job Class:
Supervisor Name:
Supv Pos#:
Loc #:
Org:
Object:
Allocation:
Project String:
Request for New Position(s), Added via Board Resolution M
Job Class:
Status:
Full -Time Part -Time, FTE:
Seasonal
LMTD, Beg & End Dates:
Grant Info:
Supervisor Name:
Supv Pos#:
Loc #:
Org:
Object:
Allocation:
Position/FTE Reallocation Request
(Per DCAdmin Policy HR-1, Requires County Admin Approval, coordinated via HR Director)
Reallocate From What Position?
Reallocate to What Position?
Job Class:
INVESTIGATOR/#9135
Job Class:
DEPUTY DA/#9346
Position#:
2621
FTE:
1.0
New Position, #TBD
Add >FTE to current Position#:
X
N/A
Current Grade:
N41 5
Current Grade:
D01
Salary @ Step 1:
$321613/$67, 03
Salary @ Step 1:
$410147/$89,470
Is Position LMTD? If yes, include expiration date,
IA
grant name, and any additional info:
Business Justification, including how the increase will be funded, as applicable: Our business needs require an
investigator and additional deputy district attorneys. When a vacancy was created in the investigator position (due to
a retirement) DA Hummel assessed the needs of the office with an eye toward whether the office would be able to
better fulfill their mission by filling the investigator position or by reallocating the position to a deputy district
attorney position. DA Hummel determined the office had more unmet needs in the deputy district attorney
department than the office would have in the investigator department if the investigator position was unfilled.
By not filling the investigator position, investigation work would not get done internally, and would have to be farmed
out to law enforcement, thus resulting in some tasks not being completed, and the tasks that are completed taking
longer to complete than when the tasks are handled in house. Additional, this would burden law enforcement.
By not adding an additional DDA, many attorney duties would continue to not get done.
By reallocating the investigator positon to a deputy district attorney position, we're robbing Peter to pay Paul, and are
doing so because Paul is more in need.
2 ( Page
Position Control Request Form
The additional approximately $22,300 per year expense for a deputy district attorney compared to an investigator
would be covered this year by the General Fund: specifically, the DA's office is underspending our budget by 1.75
percent, and there would be a gap of approximately 2-3 months between the retirement of the investigator and when
a deputy district attorney would be hired, which would result in additional budget savings. In subsequent years the
additional expense would be funded by the General Fund.
Whether additional FTE positions are required in the DA office will be informed by a review of the staffing and operations analysis
report that is being conducted by an outside consultant. This analysis was supposed to be completed in time for the budget
committee to consider at their December meeting, but due to reasons outside the control of the District Attorney's office, this
analysis will not be completed by then.
Authorized Signature: Date:
HR Director Signature: Date:
Approved Declined
County Administrator Signature: Date:
Approved Declined
3 1 Page
Position Control Request Form
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Monday Meeting of November 30, 2020
DATE: November 13, 2020
FROM: Matthew Martin, Community Development, 541-330-4620
TITLE OF AGENDA ITEM:
Preparation for Public Hearing: Plan Amendment and Zone Change From
Agriculture/Exclusive Farm Use to Rural Industrial (Aceti)
BACKGROUND AND POLICY IMPLICATIONS:
On June 30, 2020, the Applicant submitted an application proposing a plan amendment and
zone change for the subject 21.54-acre property at 21235 Tumalo Place, Bend (tax maps and
lots 16-12-26C, 201 / 16-12-27D, 104) located at the intersections of Tumalo Road/Tumalo
Place/Highway 97, or what is commonly referred to as Deschutes Junction. Specifically, the
proposal includes a comprehensive plan amendment to re -designate the subject property from
Agriculture to Rural Industrial and a corresponding zone change from Exclusive Farm Use -
Tumalo/Redmond/Bend Subzone (EFU-TRB) to Rural Industrial Zone (RI).
On September 1, 2020, the Deschutes County Hearings Officer conducted a public hearing to
receive testimony. Testimony was provided by the Applicant in support and Central Oregon
LandWatch (COLVV) in opposition during the public hearing and subsequent open record
periods. On October 8, 2020, the Hearings Officer issued a decision recommending approval
of the proposed plan amendment and zone change.
FISCAL IMPLICATIONS: none.
ATTENDANCE: Matthew Martin, Associate Planner
TO: Deschutes County Board of Commissioners
FROM: Matthew Martin, Associate Planner
DATE: November 30, 2020
SUBJECT: Preparation for Public Hearing: Comprehensive Plan Amendment and Zone Change
from Agricultural/Exclusive Farm Use to Rural Industrial. (File Nos. 247-20-000438-
PA/439-ZC).
The Board of Commissioners (Board) is conducting a work session on November 30, 2020, to
prepare for a public hearing to consider a proposal by Anthony Aceti (Applicant) that includes a
comprehensive plan amendment and zone change.
I. OVERVIEW
On June 30, 2020, the Applicant submitted an application proposing a plan amendment and zone
change for the subject 21.54-acre property at 21235 Tumalo Place, Bend (tax maps and lots 16-12-
26C, 201 / 16-12-27D, 104) located at the intersections of Tumalo Road/Tumalo Place/Highway 97,
or what is commonly referred to as Deschutes junction (see Figure 1). Specifically, the proposal
includes a comprehensive plan amendment to re -designate the subject property from Agriculture
to Rural Industrial and a corresponding zone change from Exclusive Farm Use -
Tumalo/Redmond/Bend Subzone (EFU-TRB) to Rural Industrial Zone (RI).
Figure 1. Aerial Photo of the Subject Property. (Source: Deschutes DIAL)
11. BACKGROUND
The Applicant submitted a similar proposal (File Nos. 247-14-000456-ZC / 457-PA) for the same
property in 2014. The Board approved the proposal with the adoption of Ordinance Nos. 2016-001
and 2016-002. This decision was appealed to the Oregon Land Use Board of Appeals ("LUBA") by
COLW. LUBA issued a Final Opinion and Order remanding the ordinances backto the County finding
an exception to Goal 14 was not required.
On October 10, 2016, the Applicant submitted a request to initiate remand procedures with
Deschutes County (File No. 247-16-000593-A). The Board approved the proposal with the adoption
of Ordinance No. 2016-027, including findings that an exception to Goal 14 was not required. COWL
appealed the decision to LUBA. LUBA issued a Final Opinion and Order reversing the Board's
decision finding the Rural Industrial comprehensive plan designation and corresponding Rural
Industrial zoning were limited to only three designated exception areas that did not include the
subject property. Deschutes County appealed LUBA's decision to the Oregon Court of Appeals. The
Oregon Court of Appeals issued an opinion affirming LUBA's decision.
In April 2018, the County initiated amendments to the Comprehensive Plan (File No. 247-18-
0004044-PA) that provide the County authorization to approve site -specific proposals for
comprehensive plan designations and zone changes to Rural Commercial and Rural Industrial. The
Deschutes County Planning Commission reviewed these legislative amendments and
recommended approval to the Board. The Board approved the amendments with the adoption of
Ordinance No. 2018-008. COLW appealed this decision to LUBA. LUBA issued a Final Opinion and
Order affirming the decision of the Board. COWL appealed LUBA's decision to the Oregon Court of
Appeals. The Oregon Court of Appeals affirmed LUBA's decision without opinion (AWOP).
III. PROCEDURAL HISTORY OF CURRENT PROPOSAL
On September 1, 2020, the Deschutes County Hearings Officer conducted a public hearing to receive
testimony. Testimony was provided by the Applicant in support and Central Oregon LanclWatch
(COLW) in opposition during the public hearing and subsequent open record periods. On October
8, 2020, the Hearings Officer issued a decision recommending approval of the proposed plan
amendment and zone change. A summary of key findings is provided in Section IV of this memo.
Pursuant to Section 22.28.030(C) of the County Land Use Procedures Ordinance, plan amendments
and zone changes concerning lands designated for agricultural use shall be heard de novo before
the Board without the necessity of filing an appeal, regardless of the determination of the Hearings
Officer. Staff notes COLW submitted an appeal application form but did not submit the associated
fee. For this reason, Staff believes this is not a valid appeal. Regardless, an appeal is not required to
initiate Board review as previously described.
247-20-000438-PA/439-ZC Page 2 of 5
IV. KEY FINDINGS
Not Agricultural Land
Deschutes County Comprehensive Plan policies and similar provisions of state law require
preservation and protection of accurately designated agricultural lands. This is significant to this
proposal because the current zoning of the subject property is EFU-TRB. However, the Hearings
Officer found the subject property does not constitute "agricultural land" as defined in Oregon
Statewide Land Use Goal 3 (Agricultural Lands), OAR 660-033-0020(1). An Agricultural Soils
Capability Assessment produced by Mr. Roger Borine determined the subject property is
approximately 80% class VII and VIII soils (17.2 acres), and 20% class III -VI soils (4.3 acres). This
substantial evidence supports a finding that the subject property does not constitute "agricultural
land." The soils study is adequate for determining whether the subject property consists of
predominantly Class VII and VIII soils and whether it is unsuitable for farm use, considering
profitability and factors in the Goal 3 administrative rule. The Hearings Officer also found that no
adverse impacts to other agricultural lands resulting from the proposal have been identified.
Change in Circumstances
The zone change standards of Deschutes County Code (DCC) 18.136.020(C) require finding that
changing the zoning will presently serve the public health, safety and welfare. One of the specific
factors to consider is if there has been a change in circumstances since the property was last zoned.
In ZC-01-1, the Hearings Officer found that, "...any change in circumstance justifying a zone change
must be to the subject property or other property in the vicinity and not to the property owner's
circumstances or needs." Regarding the current proposal, the Hearings Officer found that the
following general circumstances that have changed with respect to the subject property and/or to
other property in the vicinity since 1990 and are not representative of a change in the property
owner's circumstances or needs:
• The reduction of the number of acres in the Applicant's parcel due to continuing road
projects, widening US 97 to four lanes, constructing the overpass on the subject
property, creating Tumalo Place with on and off ramps to the highway, realigning
Deschutes Market and Tumalo Road, closing the Deschutes Pleasant Ridge Road
railroad crossing, and closing Gift Road at US 97.
• Adding an agreement that ODOT can add a frontage road across the property.
• Adding new easements for access along the western property line and in the center
for Avion water Company and thereby taking away usable and developable acres.
• Decrease in developable acres due to additional setbacks from the new property lines
for the overpass approach.
• The reconfiguration of the parcel into two distinct, irregularly -shaped portions that
are difficult, expensive, and nearly impossible to farm and irrigate.
• The new soils data in the Borine soils capability study that demonstrates the property
does not have agricultural soil.
247-20-000438-PA/439-ZC Page 3 of 5
The construction of the Deschutes junction Overpass across the subject property.
• The re-routing of Bend -Redmond commuter traffic onto roads that go around the
subject property.
• The construction and realignment of Tumalo Place, Tumalo Road, Deschutes Market
Road, and Pleasant Ridge Road around the property and takings of land.
• The changes in the source and delivery systems for irrigation water from the Swalley
Irrigation District.
• The lack of a Swalley easement to allow the delivery of irrigation water a quarter mile
to the property across three properties in separate ownership who do not irrigate.
• The construction of the Swalley Hydroelectric facility that adversely affected
Applicant's in -stream leasing of irrigation water.
• The re -zone of some of the adjacent United Pipe property and some of Robinson's
property to RI and the 57.7 acres of RI zoned land at Deschutes.
• The continuous subdivision, platting and re -platting of new residential lots and
building of homes in the immediate vicinity.
Goal 14 Exception Not Required
Oregon state law requires an exception to Oregon Statewide Land Use Goal 14 (Urbanization) if the
proposal results in urban use of the subject property. COWL argues an exception to Goal 14 is
required to permit all new industrial development outside of urban growth boundaries,
unincorporated communities and as otherwise authorized by Oregon Revised Statute. As such,
COWL contends the proposed plan amendment and zone change requires approval of an exception
to Goal 14 and cannot be approved as proposed. The Hearings Officer disagreed finding the
proposal is not likely to result in the "urbanization" of the subject site by allowing potential future
development of Rural Industrial zone uses. The Hearings Officer further found that, due to the
appropriate County rural industrial development standards of the Rural Industrial zone in DCC
18.100, compliance with these regulations will result in appropriate and compatible low density and
not an "urban level" density. As a result, the Hearings Officer found an exception to Goal 14 is not
required for the proposed plan amendment and zone change.
V. NEXT STEPS
The public hearing before the Board is scheduled on December 2, 2020. According to Deschutes
County Code 22.20.040(D), the review of the proposed quasi-judicial Plan Amendment and Zone
Change application is not subject to the 150-day review period.
Attachments
2020-11-12 Draft Ordinance 2020-016
2020-11-12 Mailed Notice of Public Hearing
247-20-000438-PA/439-ZC Page 4 of 5
2020-10-20
COWL Appeal Application Form
2020-10-19
Staff Memo to Board
2020-10-08
Hearings Officer Decision
2020-09-15
P Kliewer Email
2020-09-15
P Kliewer Email
2020-09-15
Aceti Letter
2020-09-08
C Macbeth (COLW) Email
2020-09-02
Staff Memo to Hearings Officer
2020-09-01
Staff Presentation
2020-09-01
J Bessman Email
2020-09-01
Applicant Hearing Submittals
2020-08-31
D Morehouse (ODOT) Email
2020-08-26
Staff Report
2020-08-25
P Russell (County Sr. Transportation Planner) Email
2020-08-25
C Smith (County Road Department) Email
2020-08-24
R Scheid (County Building Division) Email
2020-08-19
Land Use Action Sign Affidavit
2020-08-11
Staff Email to Applicant
2020-08-11
Mailed Notice of Public Hearing
2020-08-12
Bend Bulletin Affidavit of Publication - Notice of Public Hearing
2020-07-28
Confirmation of PAPA submission
2020-07-14
C Macbeth (COLW) Email
2020-07-01
Application Materials
247-20-000438-PA/439-ZC Page 5 of 5
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 23, the Deschutes County Comprehensive Plan, * ORDINANCE NO.2020-016
to Change the Comprehensive Plan Map Designation
for Certain Property From Agriculture to Rural
Industrial, and Amending Deschutes County Code
Title 18, the Deschutes County Zoning Map, to
Change the Zone Designation for Certain Property
From Exclusive Farm Use to Rural Industrial.
WHEREAS, Anthony Aced, applied for changes to both the Deschutes County Comprehensive Plan Map
(247-20-000438-PA) and the Deschutes County Zoning Map (247-20-000439-ZC), to change the subject property
from an Agricultural (AG) designation to a Rural Industrial (RI) designation and a corresponding zone change
from Exclusive Farm Use (EFU) to Rural Industrial (RI); and
WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on
September 1, 2020, before the Deschutes County Hearings Officer and, on October 8, 2020, the Hearings Officer
recommended approval of both the Comprehensive Plan Map change and Zoning Map change; and
WHEREAS, after notice was given in accordance with applicable law, a de novo public hearing was held
on December 2, 2020, before the Board of County Commissioners ("Board"); and
WHEREAS, the Board, after review conducted in accordance with applicable law, both approved the plan
amendment to change the Comprehensive Plan Map designation from Agriculture to Rural Industrial, and
approved the Zoning Map amendment to change from Exclusive Farm Use (EFU) to Rural Industrial (RI); now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Title 23, Deschutes County Comprehensive Plan Map, is
amended to change the plan designation for certain property described in Exhibit "A" and depicted on the map set
forth as Exhibit `B", with both exhibits attached and incorporated by reference herein, from Agriculture to Rural
Industrial.
Section 2. AMENDMENT. DCC Title 18, Zoning Map, is amended to change the zone designation
from Exclusive Farm Use (EFU) to Rural Industrial (RI) for certain property described in Exhibit "A" and depicted on
the map set forth as Exhibit "C."
PAGE 1 OF 2 - ORDINANCE NO.2020-016
Section 3. AMENDMENT. DCC Section 23.01.010, Introduction, is amended to read as described
in Exhibit "D" attached and incorporated by reference herein, with new language underlined.
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.
Section 5. FINDINGS. The Board adopts as its findings in support of this Ordinance, the Decision
of the Hearings Officer as set forth in Exhibit "F", and incorporated by reference herein.
Dated this of , 2020 BOARD OF COUNTY COMMISSIONERS
OF DESC14UTES COUNTY, OREGON
ATTEST:
Recording Secretary
Date of 1st Reading:
Date of 2' Reading:
PATTI ADAIR, Chair
ANTHONY DEBONE, Vice Chair
PHILIP G. HENDERSON
day of , 2020.
day of , 2020.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Patti Adair
Anthony DeBone
Philip G. Henderson
Effective date: day of , 2020.
PAGE 2 OF 2 - ORDINANCE NO.2020-016
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Monday Meeting of November 30, 2020
DATE: November 24, 2020
FROM: Cynthia Smidt, Community Development, 541-317-3150
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Order No. 2020-014, Appeal of a Hearings Officer
Denial of a Conditional Use & Site Plan Review for Private Campground
BACKGROUND AND POLICY IMPLICATIONS: Before the Board of County Commissioners
is an appeal of the Hearings Officer's decision denying a conditional use and site plan review
for a private campground proposed by property owner Shawn Kormondy. Mr. Kormondy filed
a timely appeal of the Hearings Officer's decision. The Board will consider Order No. 2020-
014 and whether to hear the matter on appeal.
See attached staff memorandum for further background information.
FISCAL IMPLICATIONS: None
ATTENDANCE: Cynthia Smidt, Associate Planner
MEMORANDUM
TO: Board of County Commissioners
FROM: Cynthia Smidt, Associate Planner
DATE: November 24, 2020
RE: Appeal of Hearings Officer Decision on a Conditional Use and Site Plan review for a
Campground
On November 30, 2020 the Board of County Commissioners (Board) will consider hearing an appeal
of Hearings Officer decision (247-19-000361-CU, 247-19-000362-SP, 247-19-000363-LM, 247-19-
000583-MA, and 247-19-000879-MA) denying a proposal for a private campground.
1. BACKGROUND
Erik Huffman with BECON Civil Engineering and Land Surveying, on behalf of the property owner,
Shawn Kormondy, submitted a request for a Conditional Use and Site Plan review for a private
campground. The 9.53-acre subject property is located at 64061 N. Highway 97, which is just north-
northwest of Bend city limits and associated Urban Growth Boundary (UGB).' The request includes
establishing a 15-site campground with ten sites for tents, campers or trailers, and five for yurts2.
All 15 spaces are for overnight use. None of the campsites will provide utility hook-ups, however.
The campground will include two flush toilets but no shower facility, potable water supply, parking
spaces at each campsite, access road, outdoor amenity and recreational use (e.g. natural canyon
and trails), yurts, enclosed trash area, and communal area with gazebo. The existing residence is
proposed for a camp caretaker or proprietor residence. No intensely developed recreational or
commercial uses or activities such as swimming pools, tennis courts, retail stores, roadside stands,
or gas stations associated with the campground use are proposed. The zoning of the property is
Multiple Use Agricultural (MUA-10) and Landscape Management (LM) Combining Zone.
' At its closest reach, the Bend city limits and UGB are both located approximately 680 feet to the southeast of the subject
property.
z The applicant modified their proposal throughout the proceedings with its original request being for a 28-30 space
campground, which included 9-10 RV sites, 10 tent sites, 9-10 yurts, temporary and/or permanent restroom/shower
facilities, shower facilities, check -in kiosk, and caretaker RV site. In addition, the proposal changed from having a non -
water carried wastewater system to a septic system.
11 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. HEARINGS OFFICER DECISION
The Hearings Officer denied the campground because the applicant did not:
1. Propose a shower facility as required in Deschutes County Code (DCC) 18.128.320(D)(3);
2. Demonstrate:
a. There was adequate water available at the site to serve the campground (DCC
18.128.320(C)); and
b. Adequacy of the septic feasibility analysis; and
3. These evidentiary deficiencies resulted in the Hearings Officer findings that several other
criteria were also not met including the following:
a. DCC 18.128.015, General Standards Governing Conditional Uses;
b. DCC 18.124.060, Site Plan Approval Criteria;
c. OAR 918-650-0025, Coordinating Regulation;
d. OAR 918-650-0035, Plans and Specifications;
e. OAR 918-650-0045, General Construction Requirements; and
f. OAR 918-650-0050, Toilets
III. SHAWN KORMONDY APPEAL
The owner/appellant, Shawn Kormondy, appeals the Hearings Officer decision, and describes two
assignments of error in their notice of appeal. The following summarizes their concerns:
Appellant concurs with a majority of the Hearings Officer's decision in these proceedings.
However, Appellant asserts that the decision is in error for the following reasons:
1. The Hearings Officer effectively denied the application because of an erroneous
interpretation of DCC 18.128.320(D)(3), which provides as follows:
Campgrounds shall provide potable water, toilet and shower facilities, lighting, picnic
tables and garbage collection sites for the convenient use of campers as specified in OAR
918-650. Water and electric lines shall be placed underground.
The Hearings Officer, in violation of ORS 174.0101, interpreted this provision in a manner
that rendered the "as specified in OAR 918-650" language meaningless. OAR Chapter
918, Division 650 establishes the minimum requirements for campgrounds and does not
include any requirement for showers...
2. A secondary basis for the denial is that the Hearings Officer erroneously concluded that
the applicant did not meet the requirements for hand -washing facilities. The applicant
proposed installing non -watered hand washing facilities in each bathroom (i.e. hand
sanitizer stations) and providing a watered hand -washing station within the communal
kitchen area. The Hearings Officer did not address this proposal in the decision. Rather,
247-19-000361-CU,-000362-SP,-000363-LM,-000583-MA, and-000879-MA Page 2 of 6
the Hearings Officer's decision erroneously concluded that "no lavatories have been
proposed".
The owner/appellant requests a limited de novo review.
IV. PLANNING DIRECTOR DETERMINATION
The Planning Director determined that a change to the proposal such as adding showers, or any
other alteration that may or may not have resulted from the Hearings Officer's decision, rises to
the level of a Modification of Application as defined in DCC 22.04.020. Pursuant to DCC
22.20.055(A), an applicant may modify an application up until the close of the record. The record is
currently closed.
V. 150-DAY LAND USE CLOCK
The applicant submitted land use applications 247-19-000361-CU, 247-19-000362-SP, and 247-19-
000363-LM on May 2, 2019 and requested a modification on July 24, 2019. The modification of
application (file no. 247-19-000583-MA) reduced the number of campsites and changed other
ancillary aspects of the proposed campground including removal of a proposed RV site for the
caretaker. On December 10, 2019, the applicant submitted a second request to modify, file no. 247-
19-000879-MA, to change the proposed non -water carried system to a septic system .3 Pursuant to
DCC 22.20.055(B), a modification of an application restarts the 150-day land use clock. Therefore,
based on the second modification request the Planning Division deemed the applications complete
on December 10, 2019.
On November 23, 2020, the applicant filed for a third Modification of Application, file no. 247-20-
000788-MA, to allow the Board to review the appeal and its relationship to showers, wastewater,
and water availability. This third modification of application does not automatically restart the 150-
day clock because it was submitted after the record closed.
There are two versions of the 150-day clock:
1. If the Board decides to hear the appeal, the recent modification of application will reset the
150-day clock to April 29, 2021.
2. If the Board declines review, the application will be denied based on the Hearings Officer
decision. The applicant has extended the 150-day clock for 215 days, the maximum allowed
per DCC 22.20.040. Based on this circumstance, the 150th day on which the County must
issue a final local land use decision is December 9, 2020.
3 The Hearings Officer incorrectly notes this date at December 13, 2019.
247-19-000361-CU,-000362-SP,-000363-LM,-000583-MA, and-000879-MA Page 3 of 6
VI. BOARD OPTIONS
There are two versions of Order No. 2020-014. In determining whether to hear an appeal, the Board
may consider only:
1. The record developed before the Hearings Officer;
2. The notice of appeal; and
3. Recommendation of staff.'
In addition, if the Board decides to hear the appeal, it may consider providing time limits for public
testimony.
Reasons to hear:
• The Board may want to take testimony and make interpretations relating to the Hearings
Officer's decision. The Board may also want to reinforce or refute some or all of the decision
findings/interpretations prior to Land Use Board of Appeals (LUBA) review.
If the Board chooses to hear this matter, staff notes that the applicant has requested that it be heard
limited de novo, specific to the issues in the notice of appeal. Under DCC 22.32.027(B)(3) the Board
may choose to hear a matter de novo at their sole discretion. Overwhelmingly, the Board has
chosen de novo over limited de novo, as limited de novo proceedings limit the nature of the
testimony and evidence the Board can receive.
Reasons not to hear:
• The Hearings Officer's decision is reasoned, well written, and could be supported, as the
record exists today on appeal to LUBA.
If the Board decides that the Hearings Officer's decision shall be the final decision of the county,
then the Board shall not hear the appeal and the party appealing may continue the appeal as
provided by law. The decision on the land use applications becomes final upon the mailing of the
Board's decision to decline review.
Attachments:
Binder Document
Item No.
2020-11-30 DRAFT Order 2020-014 (Decline Review)
78
2020-11-30 DRAFT Order 2020-014 (Accept Review)
77
2020-11-23 Application Materials 247-20-000788-MA
76
2020-09-04 Chrostek Clock Extension & Correspondence
75
2020-06-05 Chrostek Clock Extension & Correspondence
74
2020-05-05 Chrostek Clock Extension & Correspondence
73
4 Deschutes County Code (DCC) 22.32.035(B) and (D)
247-19-000361-CU,-000362-SP,-000363-LM,-000583-MA, and-000879-MA Page 4 of 6
2020-04-08 Chrostek Clock Extension
72
2020-04-03 Chrostek Clock Extension
71
2020-03-19 Chrostek Clock Extension
70
2020-03-09 Appeal App Materials 247-20-000206-A
69
2020-02-26 Hearings Officer Decision (All Files)
68
2020-01-17 Applicant (G Chrostek) Rebuttal
67
2020-01-13 Staff Correspondence
66
2020-01-10 L Fancher (Cramer Farms) comments
65
2020-12-30 R Schied (Bldg Div) Comments
64
2020-12-23 R Schied (Bldg Div) Comments
63
2020-12-23 R Schied (Bldg Div) Comments + Attachment
62
2019-12-20 R Schied (Bldg Div) Comments
61
2019-12-19 NOA 19-879-MA + Order #7 for Comment Period
60
2019-12-10 App Materials 19-879-MA
59
2019-12-02 Order #6 to Extend Record 3
58
2019-11-12 Order #5 to Extend Record 2
57
2019-11-01 Order #4 to Extend Record 1
56
2019-10-30 Order #3 to Reconsider Reopen 2
55
2019-10-28 Applicant request RE reopen order
54
2019-10-24 Order #2 to Reconsider Reopen 1
53
2019-10-23 T Cleveland (Env Soils) Comments
52
2019-10-23 L Fancher-Lafkey request RE reopen order
51
2019-10-21 Order #1 to Reopen
50
2019-10-18 Staff Memo RE reopen record + attachment
49
2019-10-09 Applicant Final Arguments
48
2019-10-02 Opposition Rebuttal
47
2019-10-02 Applicant Rebuttal
46
2019-09-19 L Medina (Bend Fire) Comments
45
2019-09-18 L Fancher (Cramer Farms) Comments
44
2019-09-18 G Krambeal Comments
43
2019-09-18 E Huffman Comments + attachments
42
2019-09-17 P Russell (Sr Trans Planner) comments
41
2019-09-17 E Huffman Email RE H McCoy support
40
2019-09-17 D White Comments
39
2019-09-12 S Kormondy Comment RE clear copy of map
38
2019-09-12 E Huffman email RE C King support letter
37
2019-09-12 E Huffman email - Corrected App form
36
2019-09-11 Rock O'the Range Supplemental Signatures
35
2019-09-11 Hearing Info, Ex. A-D
34
2019-09-11 Hearing Info, Ex. E
33
2019-09-11 Hearing Info, Ex. F (ODOT Study)
32
2019-09-11 Hearing Info, Ex. G-Q
31
2019-09-10 Kormondy correspondence
30
2019-09-10 Kormondy letter of support 1
29
2019-09-10 Kormondy letter of support 2
28
247-19-000361-CU,-000362-SP,-000363-LM,-000583-MA, and-000879-MA Page 5 of 6
2019-09-10 Kormondy letter of support 3
27
2019-09-10 S Greer letter
26
2019-09-10 B Levin letter
25
2019-09-09 S Kormondy Letter of Support
24
2019-09-09 Rock O'the Range letter
23
2019-09-05 Staff Report
22
2019-08-23 Site Plan without Aerial
21
2019-08-23 Kormondy Supp App Materials
20
2019-08-21 E Huffman response to Cramer Farms
19
2019-08-16 Bulletin Affidavit
18
2019-08-14 NOPH
17
2019-07-25 L Fancher (Cramer Farms) comments
16
2019-07-22 App Materials 19-583-MA
15
2019-06-11 D Morehouse (ODOT) Comments
14
2019-06-03 Incomplete Letter
13
2019-05-15 L Fancher (Cramer Farms) comments
12
2019-05-14 P Russell (Sr Trans Planner) comments
11
2019-05-14 L Medina (Bend Fire) comments
10
2019-05-13 J Mason (Env. Health Svcs)
9
2019-05-13 J Camarata (Swalley Irr) comments
8
2019-05-13 D White Email RE Clock Extension
7
2019-05-08 Supplemental application materials
6
2019-05-08 R Scheid (Bldg Div) Comments
5
2019-05-08 NOA 19-361-CU, 362-SP, 363-LM
4
2019-05-08 LUA Sign Affidavit
3
2019-05-06 Prior Notice Email
2
2019-05-01 App Materials 247-19-000361-CU, 362-SP, 363-LM
1
247-19-000361-CU,-000362-SP,-000363-LM,-000583-MA, and-000879-MA Page 6 of 6
Cynthia Smidt
Deschutes County Community Development
117 NW Lafayette Ave.
Bend, OR 97703
Re: Modification of 247-19-000361-CU;-000362-SP;-000363-LM;-000583-MA; & 000879-MA
Cynthia,
Please find enclosed materials for a modification of application for 247-19-000361-CU;-000362-SP; -
000363-LM;-000583-MA; & 000879-MA. The purpose of the modification is to add handwashing
facilities, to add showers, to add floor drains, and to otherwise allow for a campground in the design
shown on the revised site plan. The criteria for a modification are addressed below. In support of the
modification please find enclosed a revised burden of proof, revised site plan, and depictions of the
shower/toilet facilities. The criteria for a modification area addressed below.
22.20.055. Modification of Application.
A. An applicant may modify an application at any time during the approval process up until the close
of the record, subject to the provisions of DCC 22.20.052 and DCC 22.20.055.
Response: Applicant timely filed an appeal (247-20-000206-A) of the Hearings Officer's decision in the
above -referenced application with a request to open the record. If the County Commissioners agree to
hear the appeal and open the record, the modification request will be consistent with the foregoing
criterion. DCC 22.20.052 is not applicable to the requested modification and the other provisions of DCC
22.20.055 are addressed below.
B. The Planning Director or Hearings Body shall not consider any evidence submitted by or on behalf
of an applicant that would constitute modification of an application (as that term is defined in DCC
22.04) unless the applicant submits an application for a modification, pays all required modification
fees and agrees in writing to restart the 150-day time clock as of the date the modification is
submitted. The 150- day time clock for an application, as modified, may be restarted as many times as
there are modifications.
Response: Applicant has submitted all of the required materials/fees and agrees to restart the 150-day
time clock as of the date the modification is submitted.
C. The Planning Director or Hearings Body may require that the application be re -noticed and
additional hearings be held.
Response: It is appropriate for the modified application to be re -noticed. If the County Commissioners
agree to hear the appeal, an additional hearing will be held and notice provided.
Respectfully,
Garrett Chrostek
{19400001-01275812;21
Revised Burden of Proof: Files 247-19-000361-CU;-000362-SP;-000363-LM, -
000583-MA; 000879-MA; 247-20-000206-A
Date:
Owner/Appellant
Engineer:
Consultant:
Consultant
December 10, 2019 (Replaces the July 17, 2019, May 2, 2019, and September
11, 2019 BOPS)
Shawn Kormondy IRA
7095 Hollywood Blvd #776
Los Angeles, CA 90028
Erik Huffman, Becon Civil Engineering & Land Surveying
549 SW Mill View Way, Suite 100
Bend, OR 97702
Joe Bessman, Transight Consulting, LLC
Office: 458-202-5565
Bend, OR
Douglas White, Oregon Planning Solutions
60762 River Bend Drive
Bend, OR 97702
Proposal: A conditional use and site plan review to develop a campground facility in the
Multiple Use Agriculture (MUA-10) Zone and Landscape Management
Combining (LM) Zone.
Location: The subject property is located at 64061 N. Highway 97
Bend, Oregon 97701, and described as Map 17-12-04, Tax Lot 800.
Lot of Record: Yes (File # 247-17-000113-LR)
Site Description: The subject property is 9.58 -acres in size, is mostly level and partially visible
from Highway 97. The subject property is accessed from Highway 97 and is
developed with a dwelling and accessory structures. Portions of the property
are densely covered with trees. Except for the access and homesite, the eastern
6-acres of the subject property have Swalley mapped irrigation water rights.
Applicable Review
Criteria: Title 18, Deschutes County Code:
a. Chapter 18.32 Multiple Use Agriculture Zone— MUA-10;
b. Chapter 18.124.060 Site Plan Review;
Chapter 18.128.015 General Standards Governing Conditional Uses &
18.128.320 Campgrounds;
Chapter 18.84 Landscape Management Combining (LM) Zone; and
Chapter 18.116 Supplemental Provisions for Clear Vision Areas (.020), Off-
street Parking and loading (030) & Bicycle Parking (.036).
{19400001-01275832;21
f. OAR 333, Division 31 Operating Recreation Park and Division 51 Drinking
Water
g. OAR 915, Division 650 Recreation Parks and Organizational Lamps
Exhibits: a. Preliminary Site Plan for 15 campsites (Revised 12/9/19)1
b. Site Traffic Report from Transight Consult. (June 25, 2019)
c. Water Supply Well Log
e. Irrigation Map (already submitted)
f. Map of Natural & Vegetation Preservation Area and Hwy Photo View
Locations (already submitted)
g. Expanded Study Area Tax Lot Map
h. Area Zoning Map
j. Five Photos of On -Site Features & Views (already submitted)
k. Acoustical Study from Solera Engineering
I. Well water test results from Umpqua Research
m. Color Charts for Toilet/Shower Facility Siding and Yurts (revised with respect
LV WIlet UCJlgli 11/10/2020)
n. Septic feasibility analysis
o.
Procedural History: On May 2, 2019, the applicant submitted a conditional use application to the
Community Development Department (CDD) for a 30-space campground. On May 8, a revised submittal
for a 28-space campsite was submitted. On May 8, 2019, the CDD issued notice of the proposed
application to neighboring properties and applicable agencies and divisions.
On May 15, 2019, the CDD received a written comment from the landowner located to the south of the
subject property. The owner of the subject property contacted the neighbor's attorney and landowner
in order to discuss the proposal and the rnnrerns raised,
On May 31, 2019, the applicant received a letter from CDD indicating that the May 2nd, submittal was
incomplete with respect to twelve items. The applicant responded to each of the items with the
following addditional findings and with the findings presented after the applicable standards discussed
lur tiler lii ti ii3 report:
1. Response to CDD Comment 1 page 1: The applicant revised the burden of proof (7/17/19 BOP) and
Site Plan to address DCC 18.116.020, .030 and .031, and to include enough details to address the parking
and maneuvering needs for the proposed use.
Response to CDD Comment 2 page 2: The site plan and additional sheets were revised (7/17/19) to
illustrate all applicable aspects of the property and project, both existing and proposed. Specifically, all
existing structures, the pond, well, fences, toilets, septic tank/drain-field, house, and natural features.
The Google image and topo base map further illustrates existing uses.
-- All of the uses associated with the proposed campgrounds consisting of access road with vehicle
turnaround, campsite parking pads, yurt parking pads with footpaths to yurts, trail -to -canyon, tent
aYI_aq 17;i7F1iri'Srrai aa:iihtrinn area, trash receiving area, L11GLJ, 01U Lift: MUM
U1L paved parking andl4�'In+, 1A L.ArinY
1 The revised site plan shows a septic system and location of drain fields.
f 19400001-01275832;2} 2
wheelchair path accessing toilets, are also mapped. The applicant believes it has drawn or described all
of the features applicable in these site plan drawings.
Response to CDD Comment 3, page 3: See the Applicant's Response to DCC 18.124.060(A), below,
regarding the surface water drainage system.
Response to CDD Comment 4, page 3: The BOP and site plan was revised (7/17/19) to clarify all
structures and facilities being proposed. The uses associated with the proposed uses are listed in the
Response to CDD Comment 2, above.
The amount of ground disturbance (with pervious gravel surface) associated with the proposed access
road, 10 camp parking pads and 4 yurt parking pads is .9 acres. The amounts of impervious surfaces for
the ADA yurt parking pad and access, toilet pad, trash receiving pad, roofs of five yurts and a gazebo is
less than 3,000 square feet. See the attached Site Plan for location of and the square footage breakdown
of the impervious surfaces, along with discussion later in this report regarding surface drainage.
Response to CDD Comment 5, page 3: The CDD states the submitted application does not provide
enough detail regarding the required minimum standards, under DCC 18.124.070. see the Applicant's
Response to DCC Site Plan Review 18.24.070 Required Minimum Standard, below.
Response to CDD Comments 6 and 7 page 4: The CDD indicated, when addressing the suitability
standard in DCC 18.128.015(A), that the BOP lacked adequate information, including operational
characteristics of the proposed campground. Staff also questioned whether the size of the study area
was sufficient when addressing compatibility. The applicant has revised the BOP (7/17/19) to further
explain the operating characteristics of the use, and respond to the discussion presented by staff.
Because of its length, the analysis can now be found in the attached Attachment A, included as part of
this Burden of Proof.
The applicant has also increased the size of the Study Area, and has added additional reasons (based on
the relevant factors and others) as to why the proposed use will be compatible with existing and
projected uses on surrounding properties, thus, satisfying this general review standard for conditional
uses.
Response to CDD Comment 8, page 4: Applicant is proposing a toilet (2-seater) on a septic system as
shown on the revised site plan. The location and general dimensions are shown on the site plan. The
exterior of the shower/toilet facility will be on the general appearance shown on Exhibit M.
No shower facility or caretaker RV site (with sewer/water/electric hook-up) is proposed under this
conditional use permit for a campground. A caretaker will reside in the existing dwelling.
The water supply serving the proposed campground from the existing well will be constructed and
licensed with the Oregon Health Authority in accordance with the rules for Public Drinking Water
Systems under OAR 333, Division 031-0004. See below for further discussion of the water supply serving
the proposed campground.
Response to CDD Comment 9, page 5: The BOP and Site Plan were revised (7/17/19) to respond to each
of the standards of OAR 918, Division 650 that are applicable to the proposed use (See below towards
end of report). Many of these provisions are similar to those required by the DCC.
{19400001-01275832;2}
Response to CDD Comment 10 page 5: The site plan includes an additional drawing showing the size of
each of the required tent areas needed for 10 spaces (1,600 sf X 10 = 16,000 sf total). The site plan was
previously revised (9/11/19) to show the required tent area for each of the tent sites.
Response to CDD Comment 11, page 5: A toilet, with locking doors, and sinks, on a septic system is
proposed for waste management.
A potable water supply will be provided for cooking and drinking by way of the existing well located on
the subject property. All sinks will be connected to the septic system. No electrical service is being
extended into the campground.
Response to CDD Comment 12, page 5: The site plan was revised (7/17/19) to show the required 20-foot
- campground service road to Highway 97, with the initialportionof the road using the existing driveway
and access that currently serves the existing residence. Both uses will use the same access.
!!!c access roan !!o!rn the highway to hie turd -around is about 940-feet in length and 20-feet wide. The
road will consist of clean W minus gravel. Speeds will be kept to less than 5-miles/hour on the camp
road. These two measures alone will keep the dust to a minimum. Vegetation within the campground
will also be watered from the irrigation system to help keep dust to a minimum. Water on -site will also
be available for any additional dust control measures that need to take place at the campground.
Given the 100-foot required setback for the campground use, intervening vegetation, and the dust
controls measures mentioned above, airborne dust will not migrate to neighboring properties.
Response to CDD Comment 13, page 6: The applicant is not seeking a waiver to locate any developed
portion of the campground within the required 100-foot setback (except to the extent that the drain
field constitutes a "developed portion of the campground" cinder DCC 18.128.320(D)(10)). None of the
camp sites, parking spaces, or developed amenities are within the setback. The trail leading to the
existing pond has been deleted from the site plan. The only portion of the project within the 100-foot
setback is the proposed drain -field. A drain -field is not a structure and thus not subject to any setback
requirements. To the extent the drain filed is subject to the setback as a developed portion of the
can round it is .lot visible to a`aceiii w 'erties and thus sufficiently screened from neighboring
ps""! J 'p
properties.
Response to CDD Comment 14, page 6: The BOP and site plan was revised (7/17/19) to exclude an RV
site for the caretaker. The caretaker will utilize the existing dwelling located on -site as the caretaker
residence for the campground. All 10 spaces will be used for overnight tent or RV camping and 5 yurts
for overnight use.
The following responses are to the additional comments that were received by the applicant on
May 31, 2019:
Response to Building Safety Division Comment: The email from the Division included -the -furl text of
ORS 455.680 regarding plan approval and permits from Oregon Department of Consumer and Business
ruv ror+_ c+JeYJi_es �-� iyi fYtf trP�Tfi HGal4rANlfh�rit�i,HAith t re nncer pidv lV11561 U6'V.St nii - �p-•. y X� a
campground. A copy OAR 918, Division 650 regarding minimum standards relating to campground under
f19400001-01275832;21 4
state rules was also included. As also requested by CDD, the applicant has included and addressed all
applicable standards in OAR 918-650 below.
The applicant will obtain approvals and permits, as needed, from CBS, OHA, and Deschutes County
Building Division prior to any construction.
Response to CDD Senior Transportation Planner Comment: The CDD wrote that the May 2, 2019 traffic
analysis and study for a 28-space campground meets the Site Traffic Report (STR) requirements in
DCC 18.116.310(C)(3)(b). Staff agrees with the analysis, conclusions and recommendations of the
submitted traffic report.
With the 7/17/19 revised application and Site Plan for only 15 campsites, the trip generation from the
proposed use will be less than the ODOT Change of Use thresholds. A revised Site Traffic Report
prepared by Transight Consulting, LLC, dated 6/25/2019, for 15 campsites is included in this revised
application.
Response to City of Bend Fire Department Comment: A list of 2014 Oregon Fire Codes (OFC) was
included in the email. A permanent vehicle access road and turnaround, sized for emergency vehicles, is
proposed. The road will extend through the campground, accessing each campsite, to the proposed
communal area. The access will be about 25-feet from the proposed communal area where emergency
vehicles can easily reach the area. The proposed fire apparatus road will have a width of at least 20-feet
and adequate head clearance as required by DCC. The road will be designed and maintained to support
loads for emergency vehicles (60,000 GVW) and will be surfaced with an approved gravel all-weather
material.
A key vault will be provided at the electric gate entrance as required. A water supply is available by use
of the irrigation pond located just to the south of the proposed use and water from the on -site well that
is connected to a 2,500-gallon cistern tank at pump house. The applicant will work with Bend Fire to
assure that all required fire safety measures are taken and maintained.
As a result of the input from the neighbor, CDD and others, a third revision to the site plan, proposing
15-campsites, was submitted to the county on July 17, 2019.The revised Burden of Proof, Site Plan, and
attachments, included herein, reflect those changes.
In response to the modified application, on July 25, 2019, the applicant received a second letter from
Cramer Farms that identified over 18 issues of concern relating to the proposed campground. On August
21, 2019, the applicant submitted a letter for inclusion into the record to the CDD responding to each of
the points raised by Cramer Farms.
In response to the CDD's staff report findings (dated 9/5/2019) the 41h revision to the Burden of Proof
and site plans were submitted to the Hearings Officer for consideration and inclusion into the record.
After the close of the record, the CDD determined that non -water carried systems are actually not
permitted under the DCC. The hearings officer opened the re -opened the record to hear this evidence
and subsequently determined that changing from a non -water carried system to a regular septic system
constituted a modification of application. This 5th revision to the Burden of Proof modifies the proposal
to propose that the toilets be supported by a septic system.
{19400001-01275832;21 5
On February 26, 2020, the Hearings Officer issued her decision on the matter. The Land Use History
contained in the Hearings Officer's decision accurately summarizes the remainder of the procedural
history up to the appeal. Applicant filed an appeal on March 9, 2020. Although Applicant maintains the
basis for its appeal, Applicant files a modification in an abundance of caution and because applicant now
desires to expand its shower/toilet facilities to enhance the camping experience for visitors of the
campground.
Applicant's Response to Applicable Review Criteria:
a. 18.32 Multiple Use Agriculture Zone — MUA
18.32.010 Purpose
The purposes of the Multiple Use Agricultural Zone are to preserve the rural character of various areas
of the County while permitting development consistent with that character and with the capacity of the
natural resources of the area, to preserve and maintain agricultural lands not suited to full-time
conN%I er4,iai urmink U-r U1 verSl led ur � gl / F,arl-rime agricultural uses; to Conserve TOrestlandS for torPst usse
to conserve open spaces and protect natural and scenic resources; to maintain and improve the quality
of air, water and land resources of the County, to establish standards and procedures for the use of
those lands designated unsuitable for intense development by the Comprehensive Plan, and to provide
for an orderly and efficient transition from rural to urban land use.
Applicant's Response: Although this statement does not constitute approval criteria, the proposed use
is consistent with purpose of the MUA Zone by preserving the rural character and natural resources in
this area of Deschutes County, The proposal is for a 15-space campground -10 spaces for tents or
small RVs and 5 yurt spaces. The total developed area is about one acre of land and is located
generally near the center of a 9.53-acre parcel. All sites are back -in parking onto a 20-foot graveled
dust free surface. A toilet, two-seater, will be provided. Yurt Site 5 will have paved ADA parking and
access to restroom.
Plans for the property also include upgrading the sprinkler system and increasing irrigation capacity
and efficiency so as to continue current irrigated acres, while maintaining vegetation and habitat
through parts of the proposea campground. Currently, Swaney irrigation District water flows into the
subject property to irrigate 6-acres of certified senior water rights from the south through a small
open secondary canal that follows the southern fence -line heading east until reaching the pond on the
south side of the property.2 Water is then pumped from the pond into metal surface irrigation pipes.
On April 18, 2019, the applicants' land use planner met with the district to go over the proposal and
any applicable district and state water right requirements that need to be considered at this time. A
May 13. 2019, email and attachment from Swalley irrigation noted the proposed development
overlapped the mapped water rights and the owner will need to have the property "formally
re -mapped on the property or legally quitclaimed back to District should these proposals be
authorized." The owner has been in contact with the District before and during the application
- process- and -will -work with the District regarding any required re -mapping or quitclaiming of the
water rights.
2 Piping of this smaller open canal is currently not in the works as it is not part of the districts' main canal.
119400001-01275832;21 6
There are no commercial forest uses or practices occurring on the subject property or adjacent
properties. Only the occasional maintenance of the juniper trees located throughout the area. The
canyon and rock features located on the property will be conserved as open space with a short trail
for campers to walk and explore. The campground is for the most part self-contained and will not
place a demand on (or negatively impact) the quality of air, water or land resources of Deschutes
County.
The subject property is situated in an area of the county that is between urban uses of Bend, to the
south, and rural uses to the north, east and west. The proposed campground provides for an orderly
and efficient transition from rural to urban land uses by having camping in a semi -rural setting that is
near Bend and is on the states' transportation system.
Therefore, the proposed use meets the purpose of the MUA Zone.
18.32.030. Conditional Uses Permitted
The following uses may be allowed subject to DDC 18.128:
"(I) Private parks, playgrounds, hunting and fishing preserves, campgrounds, motorcycle tracks and other
recreational uses."
Applicant's Response: The proposed campground is listed as one of the conditional uses under
subsection (1) of DDC 18.32.030 of the MUA Zone.
18.04, Definitions, includes the following definition:
"Campground" means an area devoted to overnight, temporary use for vacation, recreational or
emergency purposes, but not for residential purposes and is established on a site or is contiguous
to lands with a park or other outdoor amenity that is accessible for recreational use by the
occupants of the campground. It is also where facilities are provided to accommodate camping for
two or more tents, travel trailers, yurts or recreational vehicles. A campground shall not include
campsite utility hook-ups, intensely developed recreational uses such as swimming pools or tennis
courts or commercial activities such as retail stores or gas stations. A private campground may
provide yurts for overnight camping. The yurt shall be located on the ground or on a wood floor
with no permanent foundation. No more than one-third or a maximum of 10 campsites, whichever
is smaller, may include a yurt. Overnight temporary use in the some campground by a camper or
camper's vehicle shall not exceed a total of 30 days during any consecutive 6 month period."
Applicant's Response: The proposed campground will be for overnight, temporary use for vacation,
recreational, or possible emergency purposes, but not for residential purposes.
An outdoor amenity is available to camping patrons on the proposed site by way of a natural canyon,
located on top of lava rocks and other features located in the western portion of the property. The
rock features and natural canyon will be "accessible for recreational use by the occupants" for short
walks and exploring through the development of a trail system. County Code does not define or
(19400001-01275832;2) 7
describe an on -site outdoor amenity. The applicant asserted and the Hearings Officer concurred that
the natural rock features and formations, along with the vegetation, and views immediately adjacent
to the proposed campground will provide an added comfort, convenience, or enjoyment to the
campers. Hiking and rock climbing are plainly recreational activities that take place in the outdoors.
The subject property is unique in the provision of this outdoor amenity because rock formations of
this magnitude are riot common in Deschutes County. Photos showing some examples of the natural
rock features and views located on the subject property are included in the exhibits submitted with
this application.
Another outdoor amenity proposed is a communal area, including central fire enclosure and
community gazebo that will be available to campers. The developer describes the proposal as a place
to provide a unique curated social camping experience, bringing campers together in a communal
family friendiy setting under the Central Oregon sky, in hopes of inspiring new relationships amongst
- the guests as they explore Bend or pass through to other destinations. - - - -
The proposed campground will provide overnight spaces for 10 small recreational vehicles or for tent
camip sites seed S yurts. A toliet (two-seater) will be provided well within 500-feet of aii camp sites.
The yurts will be located on wood floors with no permanent foundations. The proposal for 5 yurts, out
of a total of 15 camp sites, is consistent with definitions' ratio standard. One of the campsites will be
paved for ADA access.
None of the campsites will provide for utility hook-ups, and there will be no intensely developed
recreational or commercial uses or activities such as swimming pools, tennis courts, retail stores,
roadside stands or gas stations associated with the proposed use.
Under this section of the DCC, overnight temporary use in the same campground by a camper or
camper's vehicle is not to exceed a total of 30 days during any consecutive 6-month period. However,
under 18.128.320(D)(11) "Tent campers and recreational vehicles shall not remain in
the campground for more than 30 days in any 60-day period." Since they both describe a 30-day
overnight limit - one during any 60-day period and one during any consecutive 6-month period - the
applicant will defer to the Hearings Officer to determine the appropriate time limit allowance for
campers.
Therefore, the proposal meets the County's code definition standards for a campground.
18.32.040 Dimensional Standards
In an MUA Zone, the following dimensional standard shall apply:
D. Building height. I"lo building or structure shal/be erected or enlarged to exceed 30-feet in
height, except as allowed by DCC 18.120.040.
Applicant's Response: No building or structure proposed will not exceed height limit and a condition
--of-approval was added by the Hearings Officer to -ensure -compliance. -- -- - - — - --
7 2 non vnU.rHc
{19400001-01275832;2} 8
A. The front yard setback from the property line shall be a minimum of 20 feet from property
fronting a local street right of way, 30 feet from a property line fronting on a collector right of
way, and 80 feet from an arterial right of way unless other provisions for combining accesses are
provided and approved by the county.
B. Each side yard shall be a minimum of 20 feet. For parcels or lots created before
November 1, 1979, which are on -half acre or less in size, the side yard may be reduced to a
minimum of 10 feet. For parcels or lots adjacent to property receiving special assessment for
farm use, the adjacent side yard for a dwelling shall be a minimum of 100 feet.
C. Rear yards shall be a minimum of 25 feet. Parcels or lots with rear yards adjacent to property
receiving special assessment for farm use, the rear yard for a dwelling shall be a minimum of 100
feet.
D. The setback from the north lot line shall meet the solar setback requirements of DCC 18.116.180.
E. In addition to the setbacks set forth herein, any greater setbacks required by applicable building
or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be
met.
Applicant's Response: The subject property has frontage on Highway 97, which is designated as a
primary highway (arterial) requiring an 80-foot front yard setback. The proposed campground facility,
including the closest campsite, is about 740-feet from the highway right-of-way. A minimum setback
buffer of 100-feet from both the north and south side yards and the west rear yard (required for all
campgrounds) is proposed for all proposed structures, including camp and yurt spaces, tent sites,
camp access road, toilets, enclosed trash area and gazebo (See Site Plan).
The proposal meets all of the zone setback requirements.
b. Site Plan Review 18,124.040 Content and Procedures
A. Any site plan shall be filed on a form provided by the Planning Department and
shall be accompanied by such drawings, sketches and descriptions necessary to
describe the proposed development. A plan shall not be deemed complete unless
all information requested is provided.
D. The site plan shall indicate the following:
1. Access to site from adjacent rights of way, streets and arterial.
2. Parking and circulation areas.
3. Location, dimensions (height and bulk) and design of buildings and signs.
4. Orientation of windows and doors.
5. Entrances and exits.
6. Private and shared outdoor recreation spaces.
7. Pedestrian circulation.
8. Public play areas.
9. Service areas for uses such as mail delivery, trash disposal, above ground
utilities, loading and delivery.
10. Areas to be landscaped.
11. Exterior lighting.
12. Special provisions for disabled persons.
13. Existing topography of the site at intervals appropriate to the site, but in
{19400001-0127583 2; 21
no case having a contour interval greater than 10 feet.
14. Signs.
15. Public improvements.
16. Drainffeld locations.
17. Bicycle parking facilities, with location of racks, signage, lighting, and
showing the design of the shelter for long term parking facilities.
18. Any required bicycle commuter facilities.
19. Other site elements and information which will assist in the evaluation of
site development.
E. The landscape plan shall indicate:
1. The size, species and approximate locations of existing natural plant
materials proposed to be retained and new plant materials proposed to be
placed on site.
2. Proposed site contouring.
3. An explanation of how drainage and soil erosion is to be dealt with during
urr
wu ujd ter
Applicant's Response: The attached site plan has been revised to illustrate all applicable aspects of the
property and proposed use. Items from the list above are either not proposed or are not applicable to
the proposed use.
Site Plan Review, 18.124,060. Approval Criteria.
Approval of a site plan shall be based on the following criteria:
A. The proposed development shall relate harmoniously to the natural and man-made environment and
existing development, minimizing visual Impacts and preserving natural features including view; ar,d
topographical features.
Applicant's Response: The Board of County Commissioners have previously interpreted this provision
as follows:
Specifically, the Board interprets DCC 18.124.060(A) to mean that an applicant must demonstrate that
the site plan has arranged the development in a way that evaluates the natural environment and
existing development in the area and in the process has minimized visual impacts and reasonably
preserved natural features including views and topographic features. Minimizing visual impact, as
with this case, may include introduced landscaping, design layout, and specific design elements such
as siding and roofing color and material. In doing so, this enables the County decision maker to find
that the site plan's impacts create no more disharmony than other uses allowed by right or
conditionally in the MUA Zone.
The proposed campground and related facilities have been designed to avoid and minimize
- - - -development that would -negatively -impact the natural landscape andexistingrocicfeatures located
on the subject property, which are the primary draw to the property. The size and location of the
proposed use, in the rantTar of tn6 r rn no riv oliminat c r ai... i ai_ 1-'�
-F'---- - r•-"-..." a es v minimizes he view from he highway and
surrounding properties, while preserving the natural topographical features and views located on the
property. This carefully designed small- scale development does not create more
{19400001-01275832;2} 10
disharmony than other uses in the MUA-10 Zone such as dog kennels, exploration for minerals,
personal use landing strips, golf courses, landfills, public schools, and manufactured dwelling parks.
Thus, the project relates harmoniously to the natural and man-made (highway) environment.
B. The landscape and existing topography shall be preserved to the greatest extent possible, considering
development constraints and suitability of the land scope and topography. Preserved trees and shrubs
shall be protected.
Applicant's Response: As previously discussed, existing junipers and rock features located of the
subject property, including the natural canyon area, are not going to be disturbed to the greatest
extent possible as they are the primary attraction for this property.
C. The site plan shall be designed to provide a safe environment, while offering appropriate opportunities
for privacy and transition from public to private spaces.
Applicant's Response: As previously discussed, the proposed campground layout has been designed to
provide a safe environment for vehicles accessing, parking and leaving campground, and by limiting
the use of open campfires. Our designers have balanced the need to make each campsite as private as
possible, including minimizing headlights shinning into other campsites and neighboring residences,
against the need for safety, convenience and being compatible with surrounding land uses. The
proposed 20-foot camp access road will be accessible for emergency vehicles and the applicant will
work with Bend Fire & Rescue to meet all access requirements for emergency vehicles. The
substantial setbacks and retained vegetation provide sufficient screening from adjacent uses as
shown in the pictures of the property. If the hearings officer finds there are portions of the property
that require additional screening, applicant is willing to provide sections of solid fencing to cover any
gaps.
D. When appropriate, the site plan shall provide for the special needs of disabled persons, such as ramps
for wheelchairs and Braille signs.
Applicant's Response: The attached site plan shows location of ADA yurt site (#5) with a paved pad
and trail accessing the toilets. Braille signage as necessary will be installed.
E. The location and number of points of access to the site, interior circulation patterns, separations
between pedestrians and moving and parked vehicles, and the arrangement of parking areas in relation
to buildings and structures.
Applicant's Response: The proposed site plan shows location of existing uses and access to the site
from Highway 97, along with the proposed use consisting of the 15 camp and yurt sites, 20-foot wide
camp access road, gathering area with gazebo and fire ring, natural features with trail to canyon,
toilets and trash receiving area.
F. Surface drainage systems shall be designed to prevent adverse impacts on neighboring properties,
streets, or surface and subsurface water quality.
Applicant's Response: The applicant found that neighboring property to the south, streets and surface
and subsurface water quality (in this case, the private canal serving Swalley irrigation water to the
subject parcel only) will not be adversely impacted by any surface drainage resulting from the
{19400001-01275832;21 11
proposed campground or its construction. This is because of the small amount of ground disturbance
and paving being proposed, soil in the area and location of the proposed use in relation to
neighboring properties and highway.
The "impervious surface" (cement or asphalt) areas and square footages associated with the proposed
campground are mapped and described in the attached Site Plan. The total area of the impervious
surface is not only small in size (less than 3,100 square feet in total area), but is scattered through -out
the proposed campground area and in the center, generally, of a 10-acre parcel. The total area is also
below the threshold for stormwater management under the guidelines published by the Central
Oregon Stormwater Manual (COSM).
The amount of pervious `'ground disturbance" area that is associated with the proposed graveled
camp road, turnaround and 14 camp and yurt parking spaces is approximately .9-acres, or
39,204-square feet.3 Given the location of this elongated gravel surface, in an area where stormwater
will drain into the soil, the applicant finds that stormwater mitigation is not required under the COSM.
Nevertheless, best management practices (BMP) will be taken during construction of the proposed
access road.
G. Areas, structures and facilities for storage, machinery and equipment, services (mail, refuse, utility
wires, and the like), loading and parking and similar accessory areas and structures shall be designed,
located and buffered or screened to minimize adverse impacts on the site and neighboring properties.
Applicant's Response: There is no proposed area, structure or facility that will be used for the storage
of anything relating to the proposed campground. Any equipment or materials relating to the
maintenance of the campground facilities, including extra road material or small watering tank, will
be located and buffered or screened to minimize adverse impacts on the site and neighboring
properties. No additional structures will be needed, as the existing residence will be used as the
caretakers' residence which has indoor storage available for such items as toilet paper and cleaning
supplies needed to maintain the campground.
To minimize impacts, the proposed trash receiving area is located at the east end of the campground
and screened from residences located on surrounding properties.
To minimize impacts, the proposed toilets and trash enclosure will be of wood and or similar to the
surrounding earth tone colors required by ®CC. The toilets are also located at the west end of the
campground near the communal area and turnaround, and in an area where there is a large
concentration of trees situated between it and the existing residential dwelling located south of the
subject property (See Site Plan with Google image).
To minimize impacts, the ._i rur t coverings will be made of or dyed with similar earth tones, as well as
buffered and or screened by the natural vegetation, rock features and terrain that is located between
the proposed use and surrounding neighboring properties. The wooded gazebo will also be screened
from neighboring properties by these features.
The proposed access road and location of campsites has been designed to minimize visual, tree
rarnnval and ornund distolrhnnre irnp:icts to r``he c;tc. 3::�^. ne:ghb^wring properii@a.
3 For the 15th space (Yurt #5) the parking and toilet access will be paved.
119400001-01275832;21 12
H. All above -ground utility installations shall be located to minimize adverse visual impacts on the site
and neighboring properties.
Applicant's Response: No new above -ground utility installations are being proposed as part of the
campground.
1. Specific criteria are outlined for each zone and shall be a required part of the site plan (e.g. lot
setbacks, etc.).
Applicant's Response: See the attached Site Plan for the location of the property setback lines.
J. All exterior lighting shall be shielded so that direct light does not project off -site.
Applicant's Response: Only minimal outdoor solar lighting associated with the campground is
proposed, including but not limited to the entrance to the toilets. Any such lighting will be directed
downward and or shielded so that direct light does not project off -site.
K. Transportation access to the site shall be adequate for the use.
1. Where applicable, issues including, but not limited to, sight distance, turn and
acceleration/deceleration lanes, right-of-way, roadway surfacing and widening, and bicycle and
pedestrian connections, shall be identified.
Applicant's Response: The Site Traffic Report was prepared by Joseph Bessman, PE, specializing in
transportation engineering and licensed in the State of Oregon. The STR shows that AASHTO sight
distance requirements are met and turn lanes are not warranted for this level of use. A narrow
median refuge area is available on US 97 and wide shoulders are present for southbound traffic. The
traffic study recommends adequate shoulder widening to allow full separation of turning and through
highway traffic.
2. Mitigation for transportation -related impacts shall be required.
Applicant's Response: The STR addresses relevant Deschutes County and ODOT transportation
requirements. The proposal does not trigger ODOT's Change of Use thresholds and does not meet the
County's requirements for a Transportation Impact Analysis. Permits will be required from ODOT for
any work within the ROW. As part of this permit, extension of a paved approach into the property and
wider corner radii may be required to support the needs of larger recreational vehicles.
3. Mitigation shall meet applicable County standards in DCC 18.116.310, applicable Oregon
Department of Transportation (ODOT) mobility and access standards, and applicable American
Association of State Highway and Transportation Officials (AASHTO) standards.
Applicant's Response: The developer will require a permit from ODOT for work within the highway
right-of-way. As part of this permit, the design of the access point will comply with any ODOT
requirements for vegetation clearing within sight distance areas, or for improvements to the driveway
surfacing and entry radius at the point of access (See the attached Site Traffic Report for specific
improvement recommendations).
{19400001-01275832;21 13
Site Plan Review 18.124.070 Required Minimum Standard
Applicant's Response: The CDD's May 31, 2019, letter indicates the submitted application does not
provide enough detail regarding the required minimum standards, under DCC 18.124.070, for the
proposed campground. According to staff, the proposed campground is considered "commercial" for
the purposes of this criterion. The applicant believes it has met, will meet, or that certain sections of
code do not apply to the proposed use, as follows:
1. Subsection 8.1, Required Landscaping: More than 15% of the property will be landscaped as native
vegetation (See Site Plan). This criterion will be met;
2. Subsection 2.a through h:
a. Additional Landscaping Requirements: Significantly more than 375 square feet of area,
including around the parking spaces for each campsite, will be landscaped as retained
vegetation. Subsection 2.a will be met.
b. The proposed parking spaces will not be located adjacent to any property or street.
Subsections 2.b and 2.c(1-3) do not apply to the proposed use.
c. If determined necessary, the retained landscaping will be located in defined areas, between
and around all parking spaces, and will have a width of at least 5 feet. Subsections 2.d and 2.e
will be met.
d. Regarding Subsections 2.f and 2.g, given the spaces between campsite parking spaces the
applicant does not believe that additional landscaping (plantings) is necessary. However, as a
condition of approval, the applicant agrees to maintain continuously and keep alive and
attractive all landscaping for the required "landscaping area" located on the subject property.
As defined under Subsections 2.d and 2.e, the required landscaping area is "between and
around all parking spaces and will have a width of at least 5-feet."
e. No trees are proposed under overhead utility lines and therefore Subsection 2.h is met.
2. Subsection C: The provisions for bicycle parking in DCC 18.116.031 and bicycle commuter facilities in
DCC 18.116.035 are discussed under those sections, below.
2. Pedestrian Access and Circulation:
a. Internal pedestrian circulation shall be provided in new commercial, office and ,multi fomily residential
developments through the clustering of buildings, construction of hard surfaced walkways and similar
techniques.
b. Pedestrian walkways shall connect building entrances to one another and from building entrances to
public streets and existing or planned transit facilities. On site walkways shall connect with walkways,
sidewalks; bikeways; and other pedestrian or bicycle connections on adjacent properties planned or used
for commercial, multi family, public or park use.
14/-- k,e ays chaff be at least fiv f r ' 4 {.� + , + .J .4+i. iAi-Ii a __a__ ,.:._
• ✓•.•ram lI e�@eI in paveu UIIUDS11 UL6eU VVVIULII. VVUTAVVays which UUIUCI pumilg
spaces shall be at least seven feet wide unless concrete bumpers or curbing and landscaping or other
similar improvements are provided which prevent parked vehicles from obstructing the walkway.
{19400001-01275832;21 14
Walkways shall be as direct as possible.
d. Driveway crossings by walkways shall be minimized. Where the walkway system crosses driveways,
parking areas and loading areas, the walkways must be clearly identifiable through the use of elevation
changes, speed bumps, a different paving material or other similar method.
e. To comply with the Americans with Disabilities Act, the primary building entrance and any walkway
that connects a transit stop to building entrances shall have a maximum slope of five percent. Walkways
up to eight percent slope are permitted, but are treated as ramps with special standards for railings and
landings.
Applicant's Response: To the extent this development qualifies as commercial, there are no buildings
or planned transit facilities requiring walkway connections under subsection 2(b). Reference to
walkways in Sections 2(c) through (e) all refer to the walkways required under subsection 2(b).
Accordingly, applicant need only provide "internal pedestrian circulation" that can be achieved
through "clustering of buildings, hard surfaced walkways, and similar techniques" pursuant to
subsection 2(a). To the extent "hard surface" means pavement, paved walkways are not required, but
are simply one option for providing pedestrian circulation. The campground provides sufficient
pedestrian circulation through the clustering of the campsites and facilities supporting the
campground and the use of gravel drives and the hardened trail system. Pavement will be used in the
ADA yurt site to achieve compliance with the ADA, or as otherwise directed by the hearings officer.
There are few if any crossings of the driveway, but striping can be added near potential crossings such
as the trash enclosure and bathroom.
c. 18.128.015 General Standards Governing Conditional Uses
in addition to the standards in the MUA Zone and specific use standards, the proposed conditional use is
to comply with the following general standards (A-CJ:
A. The site under consideration shall be determined to be suitable for the proposed use based on
the following factors:
1. Site, design and operating characteristics of the use,
2. Adequacy of transportation access to the site; and
3. The natural and physical features of the site, including, but not limited to, general
topography, natural hazards and natural resource values.
Applicant's Response: The site of the proposed conditional use is ideally suited for a campground. It's
on a property with a unique outdoor amenity, along a major state highway, and remote from traffic
and congestion. The site is also ideally suited for the proposed use as demonstrated by this
application by showing it meets or can meet all of site characteristics to operate as a campground in
the MUA and LM zones. Specifically, the campground adheres to stringent setback requirements, is
designed to preserve vegetative buffers between adjacent properties, and must adhere to County
requirements for noise.
The proposed locations of the campground spaces, yurts, access road, and facilities have been
designed to minimize, if not avoid, any permanent disturbance to natural and physical features
located on the site. The operating characteristics or the ability for vehicles to "maneuver the
campground" while retaining the on -site natural features and trees, along with campsite and
neighbors' privacy, all had to be balanced with the need for adequate access for emergency vehicles.
119400001-01275832; 2) 15
Traffic volumes generated from the proposed 15 space campground is expected to include 31 to 81
additional weekday daily site trips (3 to 8 weekday p.m. peak hour trips). Discussions with ODOT staff
and documentation within the STR have indicated that this does not meet ODOT Change of Use
criteria, indicating the "adequacy of the transportation access to the site."
The natural and physical feature of the site is ideal for the proposed campground by providing for
short walks and a communal area near a dry canyon feature located on -site. There are no known
natural hazards present on the subject property. The proposed use will not have a negative impact on
any natural resources that may be present in this area.
The Hearings Officer found the property sufficient size to accommodate the proposed campground,
-�
out denied because no showers were proposed and without sufficient information that the proposed
drain field -is -of -adequate sized. Applicant hasproposedshowers, which are shown on the revised site
plan. Memo's from Applicant's engineer shows that the water facilities are sufficient for the
proposed use and the County has approved the location and size of the drain field.
B. The proposed use shall be compatible with existing and projected uses on surrounding properties
based on the factors listed in DC 18.128.015(A).
Applicant's Response: See Attachment A to this BOP for the complete response to this Subsection B,
"Compatibility with Existing and Projected Uses on Surrounding Properties Analysis."
C. These standards and any other standards of DC 18.128 maybe met by the imposition of
conditions calculated to insure that the standard will be met.
Applicant's Response: Applicant believes it has designed the site in a manner that does not require
anv conditions of approval beyond compliance with applicable provisions on the County Code.
However, the applicant is comfortable with the imposition of reasonable conditions should the
Hearings Officer reasonably find such conditions necessary to achieve applicable standards.
18.128.320. Campgrounds
A conditional use permit for a campground may be issued only when the following criteria (A-D) are met:
A. Campgrounds shall provide patrons with opportunities for outdoor recreation that are
compatible with the natural setting of the area. Outdoor recreation activities include fishing,
swimming, boating, hiking, bicycling, horseback riding and other similar activities. Outdoor
recreation does not include commercial uses such as miniature golf courses, go-cart tracks or
rental j equipment or animals.
Applicant's Response: The proposed campground will provide patrons with an opportunity to walk
and explore the on -site natural features, including a raised natural canyon and a to be constructed
-- trail system. This unique geologic feature provides -"opportunities #or -outdoor -recreation -compatible
with the natural setting of the area" including hiking and rock -climbing. The campground facility has
been carefully plared :sear and amongst some of the rock :e hires nrc�c n} on }inn «.. �i...
- - C... present � on he property. a hue
attached site plan shows the natural rock features (shaded light green) that are to be preserved, along
with the natural canyon area.
{19400001-01275832;2} 16
The Hearings Officer found that this criterion is met.
B. Street access shall be provided as follows:
1. The campground shall obtain direct access from a street or road designated as an arterial or
collector by the Deschutes County Comprehensive Plan.
Applicant's Response: The proposed campground will have direct access from Highway 97. Highway 97 is
designated in the Comprehensive Plan as a primary highway (arterial).
2. Access to the campground shall be adequate to handle the anticipated traffic generated by
the use.
Applicant's Response: The developer has provided a site traffic report indicating that trips generated from
the proposed use will be less than the ODOT Change of Use thresholds. ODOT staff have preliminarily
indicated that the volume of traffic and the existing conditions do not warrant mitigation on Highway
97. The developer will apply to ODOT for use of the access point and will comply with any ODOT
requirements for vegetation clearing within sight distance areas or for improvements to the driveway
surfacing and entry radius at the point of access (See the attached Site Traffic Report for specific
improvement recommendations).
3. The Deschutes County Public Works Department or the State Highway Division may require
refuge lanes for left-hand turns and deceleration lanes for right-hand turns where necessary for
public safety.
Applicant's Response: See the applicant's response to Subsection 2, immediately above.
C. Water supply and sewage disposal shall be provided as follows:
1. Applicant shall demonstrate that there is adequate potable water available at the site to serve
the campground. When the water is to be supplied from a well, a well log is required to show
that an ample supply of water will be available for the campground it will serve.
Applicant's Response: The proposed campground includes the use of one toilet for men and one for
women. At least one centralized campground water faucet (for drinking and cooking) will provide
potable water from an existing well located on the subject property. The well will also continue to
provide water to the existing dwelling located on the property. See attached Site Plan for general
location of the proposed water line. The final plans for water supply improvement serving the
campground will be approved by the State Health Division.
A 1996 water supply well report noted an estimated flow rate of 18 GPM (See attached Well Supply
Report). Applicant's engineer has also reviewed the existing well and finds it sufficient to meet the
water supply needs of the campground.
{19400001-01275832;21 17
2. Plans for water supply and sewage disposal improvements must be approved by the State
Health Division and the Department of Environmental Quality.
Applicant's Response:
See previous discussion regarding water supply.
A toilet on a septic system will be provided and maintained. Applicant has obtained a septic feasibility
analysis for the proposed system.
3. Evidence shall be provided to demonstrate that the campground will be eligible for a
certificate of sanitation as required by the Oregon Department of Environmental Quality.
Applicant's Response: The residence located on the subject property site is served by the existing -
septic system under Permit M 247-14-001029. A septic system to serve the proposed campground has
received a septic feasibility analysis from the County, which administers sanitation approvals on
bdhalf of ke ;rate.
D. A campground shall conform to state standards specified in OAR Chapter 918, Division 650 and
the following:
1. Sixty-five percent of a parcel developed as a campground shall be retained as open space.
Natural vegetation shall be maintained in open space areas to the fullest extent possible.
Walkways, roadways, parking spaces, structures, service areas and campsites shall not be
considered open space.
Applicant's Response: See the Applicant's Response below regarding compliance with OAR 660,
Division 650 for Recreation Parks and Organizational Camps,
Only about 9% of the subject property is proposed as a campground. Even including the residence,
substantially more than 65% of the property is open space being retained as open space. The natural
vegetation of mostly juniper and sage will be maintained in open space areas to the fullest extent
,w»::s:c. ::ems Fe::rpsss:.:a preamco iea➢➢CA C9➢➢e pa-ved) pd:,➢➢S 4U ylAitS, roa-1dv:io-7y, siriiGLi.ires, and campsites
with parking are not included in the open space (See Site Plan).
2. The space provided for each campsite shall be not less than 1600 square feet exclusive of any
space used for common areas such as roadways, general use structures, walkways, landscaped
areas and parking spaces other than those assigned to particular campsites.
Applicant's Response: See the attached site plan information➢ on each of the 1,600 square feet
required for each camp site, exclusive of the proposed access road, general use structures and
common area, in this case, the communal area located near lava rock feature. Adequate tent space is
available even when the assigned campsite parking space is included in this square footage. The yurt
sites -are -also greater than 1,600 square feet:4 - - -
" Tent areas for yurts are: Yurt #1: 1,775 sf; Yurt #2: 2,100 sf; Yurt #3: 2,070 sf; Yurt #4: 4,000 SF; and Yurt #5
(ADA): 1,940 sf (See Site Plan).
{19400001-01275832;21 18
3. Campgrounds shall provide potable water, toilet and shower facilities, lighting, picnic tables
and garbage collection sites for the convenient use of campers as specified in ORS 918.650.5
Water and electric lines shall be placed underground.
Applicant's Response: The proposed campground will include station for drinking water, toilets, some
solar lighting, picnic tables associated with a communal area, and trash receiving area for the
convenient use of campers. See also the Applicant's Response to OAR 918, Division 650 below.
No showers are proposed. Applicant believes this provision intends to impose a requirement that
campground proposals comply with OAR 918, Division 650 and not to impose requirements above and
beyond OAR 918, Division 650. As discussed below, OAR 918, Division 650 does not mandate that
campgrounds have showers (just that any shower must be compliant with the building code). If the
hearings officer disagrees, a condition of approval should be imposed and specifically a condition that
would allow for use of solar showers or similar facilities that could be provided through water tanks
as opposed to facilities affixed to the plumbing system.
4. Campgrounds shall not provide campsite hookups for sewage disposal or electricity. A
centralized sewage dump station that meets state standards may be provided.
Applicant's Response: None of the proposed campsites will be hooked -up to any sewage disposal or
electrical service. The project will include a potable water station, drywell for dishwater disposal,
toilets, and trash receiving area. No sewage dump station is being proposed.
5. Roadways permitting one-way traffic shall be not less than 10 feet wide and those permitting
two-way traffic shall not be less than 20 feet wide. Where parking is allowed on the margin of
the road, an additional 10 feet shall be added for each parking lane. Roadways shall be improved
with an all-weather, dustless surface.
Applicant's Response: Access from the highway to the campground and through it to the turnaround
will be for two-way traffic on a 20-foot graveled surface. The roadway surface will be improved with
an all-weather clean % inch minus graveled surface. This level of graveling will allow for access in all-
weather conditions and prevent dust. No parking is proposed on the margin of the road. A posted
vehicle speed of 5-miles per hour will prevent damage to the gravel surface thereby further ensuring
there is no dust. A gravel road is better equipped to deal with dust than a paved surface because the
porous nature of gravel allows dust originating from off of the road to settle whereas such dust would
remain on surface of a paved drive and be pushed into the air from vehicles. This position is
supported by statements from Applicant's engineer who is experienced in dust -control matters.
6. Except for the access roadway serving the campground, no vehicular or pedestrian access shall
be allowed out of the campground. Fences shall be provided which prevent trespass to property
not under the control of the campground owner.
Applicant's Response: The subject property is currently enclosed in a livestock fence and gated. No
vehicles or pedestrians will be allowed onto the neighboring private properties located to the north,
5 ORS Chapter 918 does not exist in state law. The Code is referring to OAR 918, Division 650 governing
recreation parks.
f 19400001-01275832; 21 19
west and south. There are no accessible public lands located near the subject property. The closest
public land is Deschutes County property, located on the north side of Fort Thompson Lane to the
north. Applicant will make repairs as needed to the existing fencing to ensure it prevents trespass.
7. Each campsite shall be provided with at least one parking space which shall be paved or
covered with crushed gravel and designed to promote drainage of surface runoff.
Applicant's Response: Each campsite includes a parking space which will be covered with crushed
gravel and designed to drain off water if not already absorbed into the soil.
8. Campgrounds shall be surrounded by buffer strips of existing vegetation or landscaping.
Applicant's Response: The proposed campground footprint is about .9-acres in size, located near the
centerofthe property, and outside the required 100-foot campground setback. The proposed trash
receiving area (closest use to Highway 97) is about 740-feet from the highway right-of-way. These
setback buffers, along with tree cover east and south of the proposal and natural area/canyon to the
vvesa., nearly surround the entire proposed campground with vegetation screening.
9. To promote privacy and preserve the integrity of the natural setting, campgrounds shall retain
existing vegetation to the fullest extent practical.
Applicant's Response: The location of the camp access road, number of campsites, yurts and facilities
were carefully sited to retain the existing vegetation (mostly juniper trees), natural setting, and rock
features to the maximum degree practical. The design had to make sure vehicle accessing and parking
into spaces and exiting the campground can do so safely, while maximizing campsite privacy.
10. Yards and Setbacks.
a. Campsites or parking spaces shall not be located within the yard and setback areas
required by the County for permanent buildings in the zone in which the campground is
located.
Applicant's s Response: None of hie proposed campsite pads, yurts, camp parking spaces, toilets,
communal area, caretaker residence, or trash receiving area will be located within the setbacks
required for permanent buildings in the MllA Zone.
b. No developed portion of the campground shall be located within 100 feet of the right
of way of any road or property line of a lot not part of the campground.
Applicant's Response: As stated above, none of the "developed portion" (i.e. those features identified
in subsection 10(a) above) of the proposed campground or tent sites will be located within 100-feet of
a property line or road right-of-way.
c. No developed portion of the -campground shall be located closer than 300 feet from a
road in a Landscape Management overlay zone.
Applicant's Response: None of the proposed campground will be located within 300-feet of the
Highway 97 right-of-way. A 300-foot setback is shown on the site plan.
{19400001-01275832;21 20
d. Setback requirements in DCC 18.128.320(D)(10)(b) and (c) may be waived upon a
finding by the Planning Director or Hearings Body that the developed portion of the
campground will be sufficiently screened and buffered from neighboring properties or
the protected landscape area.
Applicant's Response: To the extent the drain field, or any other item not addressed in subsection
10(a) constitutes a "developed portion" of the campsite, a waiver is appropriate. A drain field is
subterranean and thus not visible to adjacent properties. The vegetation to be retained is sufficient
to screen all elements of the proposed campground from adjacent properties. To the extent the
hearings officer finds the existing vegetation insufficient, applicant is willing to include segments of
solid wood fencing to ensure sufficient screening.
11. Tent campers and recreational vehicles shall not remain in the campground for more than 30
days in any 60-day period.
Applicant's Response: Current code provisions provide that no tent or yurt campers or recreational
vehicles will be allowed to remain anywhere in the campground for more than 30 days in any 60-day
period, as well as the 6-month duration limit included in the codes' definition of Campground. The
applicant will defer to the Hearings Officer to clarify what the applicable time limit is for staying no
more than 30-days at the proposed campground.
12. The campground shall be licensed as a tourist facility by the State Department of Health as
specified in ORS 446, unless operated by a public entity, timber company or private utility.
Applicant's Response: Prior to the issuance of any building permit, the owner will have the
campground licensed as a tourist facility by the State Department of Health as specified in ORS 446.
13. One dwelling may be allowed for a resident caretaker or proprietor.
Applicant's Response: The proposed use will utilize the existing residence located on the subject
property as the camp caretaker or proprietor residence.
d. 18.84 Landscape Management Combining - LM Zone
18.84.020 Application of Provisions
The provisions of this chapter shall apply to all areas within one-fourth mile of roads identified as
landscape management corridors in the Comprehensive Plan and the County Zoning Map. The provisions
of this chapter shall also apply to all areas within the boundaries of a State scenic waterway or Federal
wild and scenic river corridor and all areas within 660 feet of rivers and streams otherwise identified a
landscape management corridors in the comprehensive plan and the County Zoning Map. The distance
specified above shall be measured horizontally from the centerline of designated landscape management
roadways or from the nearest ordinary high water mark of a designated landscape management river or
stream. The limitation in this section shall not unduly restrict accepted agricultural practices.
{19400001-01275832;2} 21
18.84.040. Uses Permitted Conditionally.
Uses permitted conditionally in the underlying zone with which the LM Zone is combined shall be
permitted as conditional uses in the LM Zone, subject to the provisions in DCC 18.84.
Applicant's Response: The subject property is within the LM Combining Zone that is applied to
properties adjacent to Highway 97. Under the LM Zone, uses permitted conditionally in the MUA Zone
are permitted conditionally in the LM Zone.
18.84.050 Use Limitations
A. Any new structure or substantial alteration of a structure requiring a building permit, or an
agricultural structure, within an LM Zone shall obtain site plan approval in accordance with DCC 18.84
prior to construction. As used in DCC 18.84 substantial alteration consists of an alteration, which
exceeds 25 percent in the size Or 25 percent or the assessed value of the .strurture.
B. Structures which are not visible from the designated roadway, river or stream and which are assured
of remaining not visible because of vegetation, topography or existing development are exempt from the
provisions of DCC 18.84.080 (Design Review Standards) and DCC 18.84.090 (Setbacks). An applicant for
site plan review in the LM Zone shall conform with the provisions of DCC 18.84, or may submit evidence
that the proposed structure will not be visible from the designated road, river or stream. Structures not
visible from the designated road, river or stream must meet setback standards of the underlying zone.
Applicant's Responses: Regarding Subsection (A), a site plan review is included as part of this
proposal. Furthermore, all required state and county permits and licensing will be obtained prior to
any excavation or construction of the project.
Regarding Subsection (B), the applicant believes that the proposed campground will not be visible
from Highway 97 and that Design Review (18.84.080(A) — (1)) findings are not required. This is because
of the amount of existing vegetation and rocky features present on the property that provide a
natural visili-le screen from the highway. The applicant believes that the revised site plan shows that
none of the proposed structures or campground uses will be visible from the highway on account of
the substantial distance and intervening vegetation between the Highway and the campgorund.
However, as a precaution and to further demonstrate compliance with the use limitations, the
applicant has responded to the Design Review criteria, below.
18.84.080, Design Review
18.84.080(A), Except as necessary, retain existing trees and shrub cover ...
Applicant's Response: The proposed campground is located in an area that is densely covered in trees.
The locations -of -the campsites, access road and facilities have been careful placed as to retain as many
trees as possible as they are an asset to the campground and create screening from adjacent uses.
All existing trees and shrubs, located within the control of the landowner (subject property) that
provide a visual screen of the proposed campground from Highway 97, will be retained and
{19400001-01275832;2} 22
maintained in a healthy manner. The exception would be for the maintenance or removal of dead,
diseased or hazardous vegetation. A Google Earth image showing the vegetation areas, outlined in
blue, that contribute to visual screening of the proposed use has been included in the application
materials.
18.84.080(B), Muted earth tones, blend with and reduce contrast with surrounding vegetation and
landscape ...
Applicants Response: All new campground structures will be sided, finished or painted in muted earth
tone colors that blend with and reduce contrast with the surrounding vegetation (junipers and sage)
and landscape (lava rock) around each of the building sites. The only campground structures being
proposed are the toilet/shower facility and enclosed fenced trash receiving area, and the five yurts
and gazebo. The roofs and sides of the yurts, toilet/shower facility, and gazebo will be in muted earth
tone colors or non -painted wood that blend with surrounding features and trees. The trash area will
be enclosed with wooden repurposed juniper fence materials. Proposed colors/design for the
toilet/shower facility, and yurts are attached as Exhibit M. Applicant agrees with the Hearing Officer's
imposition of a condition of approval to ensure compliance with this criterion.
18.84.080(C), Nonreflective and blended roofing materials ...
Applicant's Response: As shown in the exhibits, these materials are not being proposed. The
applicant agrees to a condition of approval that any new campground roofing of buildings and
structures will not be finished in white, bright or reflective materials and will be of a color which
blends with surrounding vegetation and landscape. This includes the material used for the proposed
yurts and gazebo being of an appropriate native earth tone as well.
18.84.080(E), Structures shall not exceed 30 feet in height measured ...
Applicant's Response: None of the structures being proposed will exceed this height limit.
18.84.080(F), Consolidation of driveway accesses ...
Applicant's Response: Both the existing dwelling and the proposed campground will utilize the same
existing driveway in compliance with this criterion.
18.84.080(G), New residential exterior lighting to be sited/shield downward and ...
Applicant's Response: This criterion only applies to residential use, which is not proposed in this
application. Nonetheless, with the exception of some minimal solar battery lighting at the communal
area and toilets, the applicant is proposing a campground environment without the use of outdoor or
street lighting. In those instances, the location and direction of said lighting will be sited and shield so
that light is directed downward and is not directly visible from Highway 97 or neighboring properties.
18.84.080(H), The Planning Director or Hearings Body may require the establishment of introduced
landscape material
{19400001-01275832;21 23
Applicant's Response: As noted previously, the location of the proposed campground is in a dense
stand of trees. Because of the partial vegetation located next to the highway, road direction, and the
distance from the proposed use, views of the proposed use from Highway 97 are almost completely
eliminated. See the Applicant's Response to DCC 18.124.070, above, regarding the required
landscaping area that is "between and around all parking spaces and will have a width of at least 5-
feet." The Hearings Officer found that the existing vegetation is sufficient to screen the campground
from adjacent uses and did not require any additional landscaping. Rather, the Hearings Officer
required that any vegetation introduced to the property be native species.
18.84.080(l), No signs...
Applicant's Response: The subject property is not adjacent to or near a landscape management
river or stream. The Hearings Officer found this criterion is not applicable to outdoor advertising signs
used for the proposed campground.
Applicant is proposing a campground sign near the driveway entrance off of the highway. Applicant
will work with ODOT and Consumer and Business Services to assure the sign complies with ail highway
and travelers' regulations for signage. Applicant will obtain all required sign permits for any such
signage.
18.84.090 Setbacks
Applicant's Response: The underlying zone for the building site is MUA-10. Minimum setbacks
in the underlying zone are addressed in foregoing findings. Special use setbacks for campground
development in the LM Zone under DCC 18.128.320(D)(10)(c) are addressed below. The subject
property is adjacent to Highway 97 along its eastern boundary. Highway 97 is a designated landscape
management corridor. Structures that are proposed with the campground will be set back over 300
feet from the highway. The subject property is not adjacent to or near a river.
18.116 Supplementary Provisions
18.116.020. Clear vision areas.
Applicant's Response: Based on the submitted site plan, no clear vision area will be obstructed
with the existing access point. The Hearings Officer found this criterion was met.
18.116.030 Off-street Parking & Loading
Applicant's Response: Existing and proposed development will be less than 30,000 square feet
of floor area. The Hearings Officer found that no loading berth is required.
119400001-01275832;21 24
The existing residence requires two parking spaces, which currently exist. The residence is proposed
to become the campground caretaker's residence. Two separate parking spaces currently exist for the
residence.
DDC 18.116.030(9) provides for other uses not specifically listed, and the required number of spaces
for a campground use "shall be provided adequate parking as required by the Planning Director or
Hearings Body." The applicant believes that the specific use standards governing campgrounds under
DCC 18.128.320 includes provisions for the required number of parking spaces for campgrounds.
Pursuant to Subsection (9), the applicant is proposing one parking space per campsite based on having
only one vehicle per site. The proposed campground is for 15 campsites, which therefore requires 15
parking spaces for the campground use. Only 15 new parking spaces are proposed. The Hearings
Officer found the proposed parking sufficient.
The 100-foot buffers with preserved vegetation is more than sufficient to screen any parking areas.
This is confirmed in submitted photographs. However, to the extent the hearings officer finds
additional screening is required, applicant is willing to provide sections of solid fencing to cover any
gaps. Any such fencing would be of natural materials.
Applicant qualifies for an exception to paving requirements under Section 18.116.030(F)(4)(b) because
the subject property is outside of an unincorporated community and the applicant is proposing gravel
(and not dirt) roadways. Gravel controls dust because the porous nature allows for dust to settle
within the gravel as opposed to the surface (as happens with paved surfaces). Moreover, a 5 mph
speed limit will preserve the integrity of the gravel and its dust abatement characteristics.
E. General Provisions. Off -Street Parking.
1. More Than One Use on One or More Parcels.
2. Joint Use of Facilities.
Applicant's Response: The applicant is proposing two uses on a single 9.53-acre parcel — in this case an
existing sing -family dwelling and a campground. Adequate parking is already available to both the
residential use and the proposed campground use, based on the total requirement for off-street
parking. The Hearings Officer found that the proposed parking is sufficient.
3. Location of Parking Facilities.
Applicant's Response: See the attached Site Plan Map for location of all campsites and yurt parking
spaces. The applicant believes it has met the burden of proving the existence of off-street parking that
will meet County Code provisions.
4. Use of Parking Facilities
Applicant's Response: None of the proposed campground parking spaces will be used for the storage
of vehicles or materials or for the parking of trucks or any other vehicle used in conducting
campground business.
{19400001-01275832;2} 25
5. Parking, Front Yard
Applicant's Response: No parking is being proposed within the required front -yard setback facing
Highway 97.
F. Development and Maintenance Standards for Off -Street Parking Areas.
Applicant's Response: The proposed campground will be centrally located on the subject property.
The campground is over 300 feet from Highway 97 to the east. Residential uses may be found to the
north, south, and west of the subject property. The closest residential use is just over 100 feet south
of the campground use. Beyond that, the next closest residential uses are approximately350 feet to
the north
and south.
Each camp site, including yurts, will have its own parking space for tent or yurt campers, or small
trailer or RV. No parking lot area is proposed. The applicant will retain native vegetation, including
trees and shrubs that provide screening and buffering of the parking areas. The applicant is agreeable
to a condition of approval requiring construction of sections of solid fencing, constructed of natural
materials, to cover any gaps to block views of the parking area to surrounding properties. The
Hearings
Officer found this sufficient and imposed a condition of approval accordingly.
Other than indirect lighting used for other campground amenities, no lighting will be used to
illuminate off-street parking areas. The lighting proposed will be sited and shielded so that light is
directed downward and is not directly visible neighboring properties. The Hearings Officer imposed a
condition of approval to ensure compliance.
The proposed campground does not include more than two parking spaces grouped together.
Moreover, parking is not located near a street right-of-way.
Applicant qualifies for an exception to paving requirements because the subject property is outside of
an unincorporated community, the subject property is not within an area that has a high water table
and the subject property does not fall within a Rural Industrial Zone. The applicant is proposing gravel,
and not dirt, roadways. Gravel controls dust because the porous nature allows for dust to settle
within the gravel as opposed to the surface (as happens with paved surfaces).
Moreover, the applicant proposes a 5 mph speed limit to preserve the integrity of the gravel and its
dust abatement characteristics. The applicant proposes to apply water and/or magnesium chloride
as dust abatement. The roadways and parking areas will be improved with clean % inch minus gravel
surface.
Based on this information, the Hearings Officer found that the applicant qualifies for an exception to
the paving rpniiirr+rnan$s 2:n -' i�rrit —m g4 �vn�^..:iivn�01. _rrn�.. i i�.'..i. 1' rF a..
a'-�-..-•• ••r�+�•ppro all, which applicant accepts.
G. Off Street Parking Lot Design.
{19400001-01275832;2} 26
Applicant's Response: Each of the proposed vehicular parking spaces meet or exceed the minimum 9-
foot wide by 20-foot long parking and stall dimensions in Table 1. As discussed in the findings above,
the 20-foot access aisle meets the minimum width for two-way traffic specific to campgrounds. This
criterion is met.
18.116.031 Bicycle Parking
Applicant's Response: The proposed use would qualifies for an exception to the general minimum
standards for number and type of bicycle parking spaces, when off-street motor vehicle parking is
required, and to the bicycle parking design standards. Both staff and the Hearings Officer concurred.
There is already an extensive set of specific use standards for campground parking. The applicant
proposes to include the use of 3-wheel bicycles and lockable bike rack for camper use on -site.
Campers toting bicycles will be free to access the highway through the locked gate.
18.116,035 Bicycle Commuter Facilities
Applicant's Response: A bicycle commuter facility is not required for the proposed campground or,
alternatively, an exception to this provision is warranted.
18.116.310 Traffic Impact Studies
Applicant's Response: The applicant's traffic engineer met with County staff in a pre -application
conference on October 3, 2018, to discuss study requirements. See the attached Site Traffic Report for
the required study. The Hearings Officer found the submittal to be sufficient.
Title 15, Deschutes County Buildings and Construction Ordinance
CHAPTER 15.08. SIGNS
Applicant's Response: Applicant will obtain permits as required under this section for any signage that
applicant might install on the property. Such signage will comply with the requirements of this
section.
OAR 333, Division 31 Operating Recreation Park and Division 61 Drinking Water
Applicant's Response: The proposed campground has been designed so that the layout will meet
general and special rules for overnight campgrounds under OAR 660-031. Applicant will secure an
operating license from the Oregon Health Authority (OHA) before opening the campground facility to
public use.
{19400001-01275832;21 27
The general rules applicable to all establishments provide that water supply systems serving traveler's
accommodations and hostels shall comply with administrative rules for Public Water Systems,
OAR 333-061-0005 through -0095. They must also be regulated: (a) as a Public Water System under
division 061; or (b) for those water systems serving traveler's accommodations and hostels that are
not regulated under division 061 must meet a set of rules for unregulated systems under
OAR 333-061-0004(3) (OAR 333-061-0004(2)). The applicant will be applying for an "Unregulated Small
Drinking Water System" that is licensed under OAR 333-061 (OAR 333-031-0002(17)).
On June 11, 2019, the applicant had Umpqua Research test the on -site groundwater well for E.coli and
Total Coliform. The results showed the water was absent of these substances.
As further specified under OAR 333-031-0004(4), (5) and (6), the water distribution system will be
designed, constructed, approved and maintained in compliance with the requirements of the Oregon
Department of Consumer and Business Services, Building Codes Division, including the 2000 Oregon
Plumbing Specialty Code. The owner or operator of the proposed campground covered by these
regulations will not supply the campers with common drinking cups or vessels. If a drinking fountain is
..,..ovlu wU a6m owner
!.__a_e. _
Ni voided, the owner will install an approved angle iet type with adequate water pressure at all times
while it is in use.
As a condition of approval, the applicant will submit the final plan for the water supply system serving
the proposed campground to the OHA prior to construction or major modification of the water
system. Quarterly sampling as defined by rule will be taken for year-round facility in accordance with
OAR 333-031-0004(3)(a)-(f). An operating license will be secured from OHD before opening the
campground facility to the public, and will provide authorities with a pre -opening inspection. The
Hearings Officer found this sufficient:
Wastewater from the toilets, showers, and sinks will be disposed of in a through the septic system,
which will meet all of the DEQ requirements and has sufficient capacity for the use proposed.
OAR 918, Division 650 Recreation Parks and Organizational Camps
OAR 918-650-0020. Permit Required
No person may establish or enlarge the facilities of any recreation park or organizational camp or do any
construction within the recreation park or organizational camp or cause the some to be done without
first obtaining all required permits from the building official and paying the prescribed permit
fees. Multiple permits may be required when the proposed work involves two or more code areas (i.e.,
structural, electrical, plumbing, or mechanical).
EXCEPTION: Applications for permits, submission of plans and payment of fees are not required for
additions, alterations, relocation and maintenance of picnic tables, play equipment, fire pits and similar
facilities in existing parks.
Applicant's Response: The Hearings Officer found this criterion had not been satisfied because the
-- Hearings Officer found that showers required -and -that applicant had proposed disposal of sink water
through "drill holes" or dry wells. Applicant is now proposing showers. All toilets, sinks, and showers
Will. hp rnnnertad i� � c-n+;r c..crn + _+...iii comply ..:ai...7' r.e - ..ate.-J_., and
_ _ c!_! _
... __ --....-..-_, — ......N,— a,,, LnaL ..ess a,vmply With all DIM standards and is of sufficient
capacity to meet the needs of the proposed use.
{ 19400001-01275832; 21 28
OAR 918-650-0025 Coordinating Regulations
Permit Issuance:
(1) The application, plans, specifications, computations and other data filed by an applicant must be
reviewed by the building official. Such plans may be reviewed by other departments or agencies to verify
compliance with any applicable laws under their jurisdiction. If the building official finds that the work
described in the application for a permit and the plans, specifications and other data filed conform to the
requirements of these rules and other pertinent laws and ordinances, and that the fees have been paid,
the building official must issue a permit to the applicant. Regulations that also apply to recreation parks
and organizational camps are:
(a) Land Use. Land use must comply with the regulations of the unit of government which has planning
authority over the proposed construction site;
(b) Flood Zones. Buildings or areas used within a flood zone must be approved by the agency having
jurisdiction prior to the issuance of permits;
(c) Water Supply. Water supply systems must comply with regulations under the Department of Human
Services Oregon Health Authority;
(d) Sewage Disposal. Sewage treatment and disposal facilities, including, but not limited to, on -site
facilities, solid waste container wash -down facilities, gray water waste disposal systems, pit privies,
vaults and chemical toilets, must comply with regulations under the Oregon Department of
Environmental Quality,
(e) Solid Waste Disposal. Solid waste disposal must comply with regulations under the Department of
Human Services Oregon Health Authority and such waste must be disposed of in a manner that complies
with regulations under the Oregon Department of Environmental Quality,
(f) Eating and Drinking Establishments. Eating and drinking establishments must comply with regulations
under the Department of Human Services Oregon Health Authority;
(g) Ice Machines. Ice machines must comply with regulations under the Oregon State Department of
Agriculture;
(h) State Building Code. Buildings and structures must comply with the State Building Code and where
applicable to rules adopted thereunder,
(i) Highway, Street and Driveway Permits. Access must comply with the regulations of the city, county or
State Highway Division having jurisdiction over access to the public roads,
(j) Fire Protection. Fire protection facilities must comply with the requirements of the appropriate
jurisdiction's fire protection regulations,
(k) Liquefied Petroleum Gas (LPG). Liquefied petroleum gas installations must comply with the
regulations of the Oregon State Fire Marshal;
{19400001-01275832;2) 29
(1) Swimming Pools and Spas. Swimming Pools and spas must comply with regulations under the
Department of Human Services Oregon Health Authority;
(m) Hostels. Hostels must comply with the Oregon State Building Code and with requlations under the
Department of Human Services Oregon Health Authority;
(n) Engineers/Architects Design. When required, park and camp designs must be prepared by a
registered design professional.
Applicant's Response: See previous discussions regarding Subsections (a) land use, (c) water supply,
(d) sewage disposal, (e) solid waste disposal, (i) highway permit, and (j) fire protection.
Regarding Subsection (b), the subject property is outside the flood zone. Regarding Subsections (f) and
(1) no eating or drinking establishments, swimming pools or spas are being proposed, nor are they
allowed under DCC. Any ice machine provided to campers will comply with ODA regulations as
required by Subsection (g). All buildings and campground structures will comply with State Building
Code and applicable rules under Subsection (h). No LPG station is being proposed under
subsection (k), and no hostel is being proposed at the campground under Subsection (m). When
required, the applicant will have all park and camp design plans be prepared by a registered design
professional as required by Subsection (n).
The Hearings Officer denied the application because she found that showers required and that
applicant had proposed to "drill holes". Applicant is now proposing showers. All wastewater will be
connected to the septic system, which will meet DEQ standards and is sufficient for the proposed use.
The Hearings Officer reasoned that this standard may be met with a condition of approval that
requires the campground water supply system to comply with applicable regulations in OAR 333-031
and 333-061 and applicant accepts such a condition. Similarly, applicant will accept a condition of
approval requiring that the septic system comply with applicable requirements.
With respect to lavatories, the Hearings Officer found that Table 3-RV requires both toilets and
lavatories. Applicant is now proposing to have washing stations in the restroom with running water
with wastewater directed to the septic system that complies with all applicable regulations. Applicant
has already received approval for a septic system and the applicants engineer has provided additional
information and to the sufficiency and feasibility of that septic system.
The Hearings Officer also found that additional information is rpniiirprl to riptarminp that the +niln+c
will comply with ADA requirements. It is highly unusual to require building plans at the land use stage
and it is unclear why compliance with building codes cannot be required as a condition of approval as
that evaluation is technical in nature. As discussed below, Applicant will comply with the
requirements of OAR 918-650-0050.
(2) Recreation Park and Organizational Camp Operating License Approved parks and camps must comply
with any operating license requirements established by the Department of Human Services Oregon
Health Authority.
Applicant's Response: See the applicant response to OAR 333, Division 31 Operating Recreation .Park
and Division 61 Drinking Water, above.
{19400001-01275832;2) 30
OAR 918-650-0035 Plans and Specifications
(1) Plans. With each application for a plan review the applicant must submit two sets of construction
plans and specifications. Plans and specifications must be drawn to scale, of sufficient clarity to indicate
the nature and extent of the work proposed and to show in detail that the construction will conform to
all relevant laws, rules and regulations of the State of Oregon pertaining to recreation parks and
organizational camps.
NOTE: The construction shown on these plans may contain construction details required by other rules or
regulations in order to aid other agencies in determining compliance with their coordinating regulations.
(2) Design. All plans must be designed in accordance with the requirements of the various codes and
administrative rules and, where required, must be designed by a registered design professional.
(3) Plan Format and Sequence. The following plan format and sequence specification are guidelines for
both the designer and the plan reviewer. Deviations are permitted from strict compliance with the plan
format and sequence specifications when such deviation will produce the same result:
(a) The cover sheet of each set of plans must give the following:
(A) The name of the recreation park or organizational camp and the location (vicinity map),
(B) The name of the owner,
(C) The name of the operator,
(D) The name of the person who prepared or submitted the plans,
(E) The symbols used, and
(F) The design maximum occupancy load for organizational camps.
(b) The plot plan (on a separate sheet) must include:
(A) Both proposed and existing construction; and
(B) A scale drawing of the general layout of the entire recreation park or organizational camp showing
property survey monuments in the area of work and distances from park or camp boundaries to public
utilities located outside the park or camp (indicated by arrows without reference to scale).
EXCEPTION: When the work involves an addition to, or a remodeling of, an existing recreation park or
organizational camp, the plot plan must show the facilities related to the addition and/or the facilities to
be remodeled.
(4)(a) The following features must be clearly shown and identified:
{19400001-01275832;2} 31
(A) The permanent buildings (dwellings, mobile homes, washrooms, recreation buildings, and similar
structures);
(8) The fixed facilities in each space (fire pits, fireplaces or cooking facilities);
(C) The property line boundaries and survey monuments in the area of work,
(D) The location and designation of each space by number, letter or name, and
(E) Plans for combination parks must also show which portions of the parks are dedicated to camp
ground, organizational camp, mobile home park, picnic park, recreational vehicle park and joint use.
(b) Park and organizational camp utility systems must be clearly shown and identified on a separate
sheet:
(A) Location of space sewer connections, space water connections and service electrical outlets,
(e) Location and source of domestic water supply;
(C) Location of water and sewer lines (showing type, size and material);
(D) Park or camp street layout and connections to public street(s),
(E) Disposal systems, such as septic tanks and drain fields, recreational vehicle dump stations, gray water
waste disposal sumps, washdown facilities, sand filters, and sewer connections;
(F) Fire protection facilities, such as fire hydrants, fire lines, tanks and reservoirs, hose boxes and
apparatus storage structures,
(G) Solid waste disposal system and solid waste collection features, such as refuse can platforms and
supports, and wash -down facilities; and
(H) Liquid Petroleu n Gas (LPG) tahk: rinrl grit lines
(c) Park Topography. Park topography must be shown in the area of work when any existing grade or
slope exceeds fl've percent.
Applicant's Response: See the attached Site Plan, drawings and related sheets addressing information
required by this rule. The Hearings Officer denied the application because the plans did not show a
shower. Applicant is now proposing shower facilities.
OAR 918-650-0045 General Construction Requirements
General:
(1) Combination Parks. The portions of combination parks which are dedicated to campground,
organizational camp, picnic park, mobile home park or recreational vehicle park use must be identified
{19400001-01275832;2} 32
and each use must comply with the applicable regulations. Jointly used areas must be designated
accordingly.
Applicant's Response: The applicant is proposing only a campground.
(2) Space Separation and Designation. Building or space separation and space designation must be as
follows:
(a) The distance between buildings must be as required in the Oregon Structural Specialty Code;
(b) The distance between spaces must be as provided in OAR 918-650-0055(1),
(c) Spaces must be identified by signs or markings corresponding to the letters, numbers or names
indicated on the approved plans.
Applicant's Response: See Site Plan for distances between spaces and corresponding space and yurt
numbers.
(3) Access. Each space designed for vehicular use within a recreation park or organizational camp must
have direct access to a park, street or road. The access may not be obstructed by grade or vertical
clearance. The entrance to roads with impaired clearance must be provided with warning signs.
Applicant's Response: See previous discussions and the attached Site Plan regarding park access to
camp sites and yurts. The access to the proposed campground is not obstructed by grade or vertical
clearance and the existing access entrance to the residence and proposed campground will be
improved, as necessary, to meet ODOT standards, including vision clearance.
(4) Street Width. Park streets intended for use by the public must be of adequate width to accommodate
the planned parking and traffic load. Each traffic lane must be ten feet minimum width. Where parking is
permitted on park streets, each parking lane must be ten feet minimum width. All two-way streets
without parking must be 20 feet minimum width.
Applicant's Response: The proposal includes a 20-foot dust free graveled road. No parking is proposed
along the camp access road.
(5) Connection to a Public Way. The park street system must have direct connection to a public way.
Applicant's Response: The proposed campground access has direct connection to Highway 97, a public
way.
(6) Park Roads and Streets. Roads and streets intended for use by the public must be designed for
minimum nine -ton gross loads and streets and walkways must be well drained. The street surface may
be asphaltic -concrete, portland cement concrete, crushed rock, gravel or other approved surface
material.
Applicant's Response: The first portion of the camp access road is an existing driveway serving the
residence currently located on the subject property. This portion of the proposed camp access road
{19400001-01275832;21 33
will be improved, as necessary, for minimum nine -ton gross load, with crushed rock, gravel or another
approved surface material added, and for proper drainage. The remaining portion of the proposed
camp access road is new and will be designed to be well drained, for minimum nine -ton gross load,
and made of crushed rock, gravel, or other approved surface material.
(7) Cleanable Construction. Fireplaces, fire pits or cooking facilities must be of cleanable construction and
designed to permit easy removal of ash and other waste.
Applicant's Response: The proposed communal gathering area will include a fireplace and a propane
grills that are made of cleanable construction and designed to permit easy removal of ash and other
waste.
No campfires or BBQs pits/stands will be allowed at camp sites or yurts, except for small propane
camp stoves, and propane range, stoves or grills that are licensed to be attached to camper, trailer or
motor home, or as licensed for inside a yurt.
!Kl.Screens. All openinnz P)lrPnt flnYc With ce{rInc;ng doi,vthenut fnp aoperiii ai cnt kiti11c11$1
dining rooms, toilets and shower facilities must be effectively screened. Screens may not be less than
sixteen mesh per inch, and all screen doors must be equipped with a self -closing device.
Applicant's Response: Applicant will install compliant screens in any openings on permanent facilities.
(9) Solid Waste Containers. Solid waste containers must be in place at the time of final inspection. Solid
waste containers or bins must:
(a) Have tight fitting lids, covers or closable tops; and
(b) Be durable, rust -resistant, water tight, rodent -proof and washable;
(c)(A) Containers in recreational vehicle parks must be provided at a rate of one 30-gallon container for
each four recreational vehicle parking spaces and be located within 300 feet of each recreational vehicle
parking space. Containers may be grouped;
(B) Containers in picnic parks, campgrounds and organizational camps must be provided at a rate of one
30-gallon container for each 20 occupants or fraction thereof that the camp or park is designed to
nrrnmmnrlate r ntninorc may he nrmonod
EXCEPTION: The requirement for solid waste containers in picnic parks, campgrounds and organizational
camps may be waived by the regulating authority for areas not accessible by road.
Applicant's Response: A trash receiving area for solid waste is proposed as part of the campground,
and will include a 3-yard dumpster, which will exceed this standard container size. A container for
recycling will also be provided.
(10) Water Systems in Flood Zones. Potable water systems located in, or partially in flood zones, miict he
provided with valves to isolate that portion of the system in the flood zone from the rest of the system,
{19400001-01275832;2) 34
and fittings must be installed to permit flushing and treatment of the flood zone portion of the water
system.
Applicant's Response: The subject property is not within the flood zone and this rule does not apply.
OAR 918-650-0050 Toilets
(1) Toilet facilities must be provided in every recreation park or organizational camp. They must be
convenient and accessible and must be located within 500 feet of any recreational vehicle space or
camping site not provided with an individual toilet facility or sewer connection.
EXCEPTION: The requirement for toilets in picnic parks, campgrounds and organizational camps may be
waived by the regulating authority for areas not accessible by road.
Applicant's Response: The applicant is proposing a toilet facility with a floor drain connected to the
septic system that will be within 500-feet of all camp spaces and yurt sites. Convenient access from all
campsites, along with ADA access from Yurt #5, will also be provided. Applicant will provide
directional signage to facilitate travel to the toilet facility.
(2)(a) Sanitary facilities must be as required in Table 3-RV;
(b) Toilet Bowls. Toilet bowls for public use must be elongated bowls with open front seats. Any room
with flush toilets must be provided with a floor drain as required in the Oregon Plumbing Specialty Code;
(c) Signs. Toilets must either be marked for the designated sex or be provided with a privacy lock. If not
apparent, the location of toilets must be indicated by appropriate direction signs,
(d) Flush Toilets and Showers. Flush toilets and showers and the buildings containing them must be
constructed in accordance with the State Building Code;
(e) Unisex Toilets. Toilet facilities designed to serve an occupant load of 15 persons or less may serve
both sexes. Such toilet facilities must be equipped with a urinal.
Applicant's Response: While only toilets must be provided pursuant to OAR 918-650-0050(1) (OAR
918-650-0050(2)(d) simply states that if showers are provided, they must meet the state building
code), Applicant is nonetheless proposing shower facilities that will meet all building code
requirements and provide two sperate shower stalls to enhance the visitor experience. Consistent
with Table 3-RV for 15 campsites, Applicant is proposing a toilet (2-seater). The toilets, showers, and
sinks will all connect to the septic system. The rooms will be marked for the designated sex and
provided with a privacy lock and will have hand washing facilities. The toilets will have sinks within
the facility as well as floor drains. Applicant will provide appropriate directional signage and
otherwise comply with the plumbing code.
OAR 918-650-0055 Special Rules for Organizational Camps
Applicant's Response: The applicant is not proposing an organizational camp as part of the
campground. This rule for sleeping spaces does not apply.
{19400001-01275832;21 35
OAR 918-650-0065 Temporary Recreation Parks
Applicant's Response: The applicant is not proposing a temporary park. This rule does not analy.
OAR 918-650-0070 Alternate, Materials and Interpretations; Appeals
Applicant's Response: The applicant will work with the local building officials if the use of any
alternate material, design, or method of construction for the proposed use that is considered that the
rules do not specifically prescribe, and will seek building official approval of such alternative(s).
Applicant's Overall Conclusion: The proposed meets or exceeds all applicable approval criteria for
proposed use. The Applicant concurs with the conditions of approval recommended by the Hearings
Officers.
{19400001-01275832;2} 36
Attachment A
The following is the Applicant's Response to DCC 18.128.015 General Standards Governing Conditional
Uses.
"In addition to the standards in the MUA Zone and specific use standards, the proposed conditional use is
to comply with the following general standards:
B. The proposed use shall be compatible with existing and projected uses on surrounding
properties based on the factors listed in DC 18.128.015(A).
In order to show that the proposed use is "compatible with ... surrounding properties," the applicant
identified a study area that includes all abutting properties, along with some immediately adjacent
properties. The applicant used State Highway 97, Ft. Thompson Lane, Suzanne Lane and portion of
Harris Way, generally, as the boundary of the study area. The total study area (see table below) is
approximately 102-acres in size, including the subject property.
The following Table A lists each of the tax lots within the <original> study area, existing use, any
projected use, the approximate distance from the existing use or nearest property line of vacant
parcels, and other factors that show why the proposed use is compatible with existing and projected
uses on surrounding properties:
Table A, Original Study Area:
Tax Map
Size / location
Existing
Projected
Approximate
Other Relevant Factors
from subject
use
use
distance from
property
proposed use
1712040000700
10.86 ac / directly
Residence-
355 ft from residence
Partial screening from subject trees
north
64089 N
and residence's vehicle parking area
Hwy 97
and accessory structures
1712030000115 &
47.28 ac / north
vacant
Approved
430 ft from south
Proposed use will not impede the
1712040000601
dude Ranch
property line of future
ability to develop the dude ranch
(247-16-
dude ranch property
000057-SP /
58-cu)
1712030000101
3.22 ac / north
Kennel-
1,480 ft from kennel
Partial screening from subject trees,
64155 N
kennel parking area and neighbor's
Hwy 97
residence. Future dude ranch is to be
sited between campground and
kennel
1712040000600
6.68 ac / north
Residence-
1,335 ft from
Partial screening from subject trees.
20755
residence
Future dude ranch is to be sited
Thompson
between campground and use
Ln
171204000900
4.76 ac / south
Residence-
345 ft from residence
Partial screening from subject trees
64025 N
and neighbor's residence, vehicle
Hwy 97
parking area and accessory
structures
171204000901
5 ac / directly
Residence-
494 ft from residence
Partial screening from subject trees
south
64023 N
and residences' accessory structure
Hwy 97
{19400001-01275832;2} 37
171204000902
4.71 ac / directly
Residence-
120 ft from residence
Partial screening from subject trees
south
64024 N
and residences' vehicle parking area
Hwy 97
and accessory structures
171204000515
4.62 ac / west
Vacant
Residence
100 ft from tax lot
Screening provided by subject trees,
5155 east property
100' setback, and rocky terrain in
line
area
171204000514
5.28 ac / west
Vacant
Residence
100 ft from tax lot 514
Screening provided by subject trees,
east property line
100' setback and rocky terrain in
area
171204000512
4.71 ac /
Residence-
655 ft from residence
Screening from subject trees and
northwest
641110
terrain
Harris Way
171204000511
4.96 ac /
Residence-
940 ft from residence
Screening from subject trees and
northwest
64120
I
terrain
Harris Way
N/A I
Hwy 97 / directly
Highway
Highway
340+feet from R/W
Proposed use meets LM Zone
east
arteriai
arterial
Size of Study Area Sufficient
rnr the rpn-,nine eitserriharl hointAr
-,inrhidinEoy i.ncreaseddStanccas ba+etvr.e en use-, topography
: .a
iiiiu
vegetation present in the area, establishing a larger study would not alter the results of the required
analysis. In response to this point, the CDD writes in the review of the application that the burden of
proof:
"... provides a limited study area when addressing compatibility. Although some aspects of the
project are addressed here, it does not address all factors identified under DCC 18.128.015(A).
Please address these code sections with more detail as they pertain to the project." (Page 4
CDD 5/31/19 letter).
The May 31't letter from CDD refers the applicant to other cases in the county, one involving a
campground and one involving a park, and the operating characteristics from those uses, "which
included noise and view impacts." However, the contrast between those two proposals and the
proposed campground herein is huge, particularly since there are no "view impacts" raised or
associated with the view of the subject 64061 N. Highway 97 property. The subject property is not
located near or adjacent to a state or local park or trailhead. Noise impacts are evaluated and
mitigation measures set based on site characteristics, the noise being generated, and distance(s) from
_e eceam:ieaanoise-pi9Eitife iocpcA nrisa study n®a= perfo�ojA it ;n IaA^A �ecoiSV IV5 z...
1JULCiiCia1
I iolse miipacts and whether any IIIitlgatl Of flleaJlAre$ are required.
None of these factors identified by staff warrant a larger study area to properly evaluate compatibility
than the one described above in Table A for 102-acres. Nevertheless, for the sake of showing even
further compliance with applicable criteria, the study of existing and projected uses on surrounding
properties has been expanded to include a much larger land area. It's important to note that DCC
doesn't specify a specific size of a study area in these situations, but rather they are to be determined
based on the specific situation and area, including operating characteristics of the proposed use, and
the level of noise and other potential negative impacts associated with the proposed use and
activities.
Expanded Study Area
The following table lists each of the tax lots within the "expanded" study area only and not those lots
located within the original study area boundary described in Table A, above. Table 8, below, includes
{19400001-01275832;2j 38
for each property the size, location, existing use, any projected use, and the approximate distance
from the existing use or the nearest property line of vacant parcels. Other relevant factors that show
why the proposed use is compatible with existing and projected uses on surrounding properties are
also listed:
Table B, Expanded Study Area:
Tax Map
Size / location
Existing
Projected
Approximate
Other Relevant Factors
from subject
use
use
distance from
property
proposed use
1712040000205
9 ac / Northwest
Residence
2,145 feet from
20690 Fort
residence
Thompson
Ln
1712040000202
1 ac / Northwest
Residence
1,900 feet from
20680 Fort
residence
Thompson
Ln
1712040000506
9.12 ac /
Residence
1,570 feet from
Northwest
64130
residence
Harris Way
1712040000503
6.2 ac /
Residence
1,400 feet from
Northwest
64115
residence
Harris Way
1712040000505
7.36 ac/west
Vacant
Residence
850 feet from east
property line of Tax
Lot 500
1712040000500
10.96 ac / West
Vacant
Residence
800 feet from east
property line of Tax
Lot 500
1712040000501
16.16 ac / West
Residence
1,520 feet from
20620
residence
Bowery Ln
171209A001100,
3.75 ac /
Vacant,
Residence
850 feet from the NE
001200, 001300 &
Southwest
except
corner of Tax Lot 1300
001400
accessory
structure
on TL 1200
171209A000900
4.28 ac / South
Residence
910 feet from
and
residence
accessory
structures
20710
Bowery Ln
171209A001000
1.32 ac / South
Residence
1,028 feet from
20730
residence
Bowery Ln
1712030000500
13.6 ac /
Vacant
Residence
665 feet from the
Property is located on the opposite
Southeast
west property line of
side of Highway 97
Tax Lot 500
1712030000400
6.77 ac /
Residence
637 feet from the
Property is located on the opposite
Southeast
64040 N
residence
side of Highway 97 from project,
Hwy 97
with home site located close to the
highway's east right-of-way.
1712030000401
8.10 ac / East
2,500 sf
Residence
730 feet from the pole
Property is located on the opposite
metal pole
building
side of Highway 97 from project,
building
with pole building about 100 feet
64054 N
from the highway's east right -of -
Hwy 97
way.
1712030000202
4.49 ac / East
Residence
950 feet from
Property is located on the opposite
64070 N
residence
side of Highway 97 from project.
Hwy 97
{19400001-01275832;21 39
1712030000200
4.72 ac / East
Residence/
1,400 feet from
Property is located on the opposite
Taxidermy
residence
side of Highway 97 from project.
64090 N
Hwy 97
1712030000102
12.65 ac /
Mobile
1,190 feet from the
Property is located on the opposite
Northeast
Home Park
closet MH
side of Highway 97 from project.
64100 N
Hwy 97
1712030000106
.94 ac / Northeast
Residence
1,649 feet from
Property is located on the opposite
and
residence
side of Highway 97 from project.
accessory
structure
I. ..
Hwy 97
1712030000100
1.14 ac /
Residence
1,807 feet from
Property is located on the opposite
Northeast
I and
accessory
I
I residence
I side of Highway 97 from project.
structure
64130 N
Hwy 97
1712030000108
4.61 ac /
Storage
idence Re
s
1,584 feet from SW
Property is located on the opposite
Northeast
buildings
corner of Tax Lot 108
side of Highway 97 from project.
i7i2030000i07
i.7Z ac % I
Residence 1
1
2,210 feet from
Property is lnrated nn tho nnnnncita
Northeast
and
residence
side of Highway 97 from project.
accessory
structures
64176 N
Hwy 97
1712030000103
8.01 ac /
Residence
2,498 feet from
Property is located on the opposite
Northeast
64190 N
residence
side of Highway 97 from project.
Hwy 97
NOTE: Land owned by Deschutes County (1712040000100 & 300008001, located on the nnrth side of
Fort Thompson Lane, is over 187-acres in size and extends east to west on both sides of Highway 97.
Given the distance from the subject property, operating characteristics of the proposal, terrain,
existing and projected uses located between these lands and lack of any current use; these co1enty-
owned lands are not included within the expanded study area boundary.
Table C, Summary of Existing and Projected Uses within both Study Areas of Surrounding Properties
Use
Original Study Area
g___ _ _
_ - � a e
+.rw dy d�
— Both
c of tauq Area's
Existing Residences
7
14
27
Other Existing Uses
Kennel, accessory structures
MH Park, Taxidermy, vehicle
NA
and highway R/W
storage, and accessory
structures
Projected Reside nrec
3
9
Other Projected MUA Uses
Approved (not yet built) dude
Other uses permitted outright
NA
ranch. Other uses permitted
under MUA Zone include farm,
outright included farm, forest,
forest, road and irrigation
road and irrigation related uses
related uses and Type 1 home
and Type 1 home occupations
occupations
Projected Uses Beyond Current
Highway related and or big -box commercial uses and high -density residential uses if land is included
Zoning
in UGB
In order to show that the proposed use is compatible with existing and projected uses on surrounding
properties, the applicant must consider the following "general conditional use factors" listed In DCC
18.128.015(A).
{19400001-01275832;2) 40
Factor 1, Site, design and operating characteristics of the use: Based on the location and layout of the
proposed use, camp management and rules, and how people and vehicles might typically behave in a
dry -campground setting, the Operating Characteristics associated with the proposed campground
include:
a. Being open year-round, although the developer anticipates low use during winter months.
b. This is a dry campground (no utilities/RV hook ups on individual sites). Toilets (M/F), potable
water faucet for drinking and washing dishes, grease drain for dishwater, and trash area will
be provided in a nice setting.
c. Along with shorts walks to reach the natural canyon feature and viewpoints, there will be a
social gathering area with gazebo and the only designated and allowed fireplace in the entire
campground. The attached Site Plan shows the communal area's location and how it is
partially enclosed by the 20' lava rock feature located to the north and west.
d. There will be no large group campouts and no services offered to non -guest.
e. Parking is limited to one vehicle for each of the 15 spaces. No parking off of access road.
f. Quiet hours will be from 10pm to 6am.
g. No delivery or catering vehicles will be entering the campground. Those authorized for
maintenance and or repair work at the campground will have access by way of the caretaker.
The proposed campground footprint site is .9-acres in size and near the center of a 9.53-acre parcel,
where 80% will be open space. The applicant designed the camp access, spaces and structures to
minimize ground disturbance with a 20-foot graveled road, only 15 spaces, no parking lot, avoiding
trees, whenever possible, while meeting DCC for proper access.
For the reasons discussed further, considering the site, design and list of operating characteristics of
the use, the proposed 15-space no hook-up campground (with communal area) is compatible with the
existing and projected uses on the surrounding properties listed above in Tables A and B, above.
The distance of the proposed use from existing residences and the nearest property line of vacant
parcels in the expanded study area (Table B) is over 800 feet. Many are on the opposite side of
Highway 97 from the subject property.
The other projected uses, besides dwellings, allowed within the study areas would be those permitted
outright in the MUA-10 Zone under DCC 18.32.020. The proposed campground is compatible with
these uses being related to farm, forest, road and irrigation uses. Any Type 1 home occupation
existing or permitting, would not be negatively impacted by the proposed use due to distance from
existing dwellings and vacant parcels, and the nature (definition) of type 1 home occupations being
indistinguishable from a residence.
The applicant does not believe the code calls for evaluating compatibility with 36 land uses listed as
conditional uses in the MUA-10 Zone under 18.32.030, particularly those that are not in existence or
likely to exist. Likewise, any proposed conditional uses within the study area will have to show
compatibility with existing and projected uses on surrounding properties. Any Incompatibility of land
uses will be evaluated at the time an application is made for a conditional use on a study area parcel.
Under state land use standards, projected uses beyond the current MUA-10 Zone would most likely be
the results of a Bend UGB expansion north along the highway. Projected uses would most likely be
similar to the land uses already along Highway 97, including big box retail, building supplies, shopping
mall, restaurants, road services, and high -density residential development, and would most likely
{19400001-01275832;21 41
result an expansion of the LIGB. A dry campground, if push comes to shove, could easily be
redeveloped to an urban use.6
Factor 2, Adequacy of transportation access to the site: Because the transportation access to the site
is more than adequate, the proposed use is compatible with the existing and projected uses on the
surrounding properties listed above.
Factor 3, Natural and physical features of the site...: Because the site terrain is relatively flat, dense
with trees, and scattered with lava rock features (some buffering uses), and the lack of natural
hazards, the proposed use is compatible with the existing and projected uses on the surrounding
properties listed above. The natural terrain and trees located on the property, and limited number of
campsites, help to isolate or screen the site from surrounding uses.
The factors listed under DCC 18.128.015(A) and summarized above, alone, support the conclusion that
that the proposed use is compatible with existing and projected uses on surrounding properties
located within the Study Area under Table A and B. These and other factors (listed below) interrelate
to the
required
2a'ccwors-'ascsansider and further Stipp®rt thi5 C®nciUsi®n:
1. Distance Factor: Often excessive noise is a basis for neighbors to find the use is not compatible with
surrounding use. The proposed use is setback and separated from existing uses reducing potential
noise that may possible reach these uses. Noise from highway traffic generally would further mask
any potential noise generated by the proposed use. The closest residence being to the south of the
proposed use a distance of about 120 feet. All other existing uses being over 300 yards from the
proposed use.
2. Terrain Factor: View of a use is another basis one may find for a use not to be compatible. The
topography of the study area is relatively flat to gentle slopes, which helps minimize the amount of
view seen from surrounding uses and highway. This is especially true with the established tree canopy
on the property, maximum height of parked RVs (below 11'6") and limited campground structures
being proposed. The rocky features located on the property and in this general area also provided
additional screening of the proposed use from surrounding uses.
3. Visual Scree�iitis; Factor: parzai or full visual screening will be maintained from the existing and
potential uses within the study area with the campground being proposed in the center of the subject
property amongst the trees and rocky features that will be maintained. See discussion under LM Zone
regarding how existing vegetation and location of the campground within the densely covered canopy
eliminates or nearly eliminates any view from surrounding uses.
4. Limit on Intensive Use Factor: The proposed use is further rendered compatible by the codes' limit
placed on a "campground" not to include "intensely developed recreational uses such as swimming
pools or tennis courts or commercial activities such as retail sales or gas stations." (DCC 18.04,
Definitions).
e Cities are required to plan for projected growth consistent with state law. Bend is growing and the
transportation system is evolving. It's not a matter of if, but when. It is another possibility that state land use
regulators could provide other opportunities for urban development within the Study Area based on economic
and or affordable housing policies, similar to recent legislation on streamlining affordable housing.
{19400001-01275832;21 42
5 Harmony with Known Projected Use Factor: In 2017, a large dude ranch development was approved
north of the subject property within the original Study Area, in Table A, above. The approval of this
large development is a good indication of the carrying capacity of this area of the county to
accommodate additional tourist related developments. The proposed 1-acre campground with only
15 spaces is compatible with this approved use, and could serve as nearby camping for friends/family
staying at the dude ranch. The proposed use will also not infringe the ability of the neighbor's further
north to fully develop the dude ranch as approved.
6. Low Noise Factor: An acoustical engineer walked the property and indicated in the attached report
that, based on the operation of the campground "the noise level estimates indicate that the DEQ
noise standards would not be exceeded at nearby residential property lines. This is an important
factor demonstrating that the proposed use is compatible with existing use surrounding the subject
property." This has been considered previously by the county an important factor to consider when
reviewing outdoor activities and uses, mass gatherings, weddings, and campground proposals. The
applicant has presented the required documentation to show compliance with DEQ noise standards
and this standard. Applicant will be required to comply with DEQ and County noise standards.
7. Neighbor Factor: In response to the neighbor, the developer made considerable revisions to the
project and has chosen to reduce the number of campsites from 28 to 15 so as to retain all, if not
most, of the natural features and trees located on -site. This will help to blend the proposed use with
surrounding uses and reduce any potential negative conflicts with neighboring lands.
Conversations with some of the land owners in the area in support of the proposal note the project
will be good for the local economy and properties by the improvements being proposed and by the
acting as a catalyst for other small economic development projects in the area.
Therefore, the proposed use is compatible, or calculated to be compatible, with existing and projected
uses on "surrounding properties" based on the factors listed in DC 18.128.015(A). These factors relate
to site, design and operating characteristics, transportation access being adequate for the use, the
on -site natural features, terrain of the area, and the lack of any known natural hazards on the
property. Compatibility is further demonstrated by the lack of any DEQ noise issues and by the
redesigning of the project based on the initial concerns and questions expressed from the closest
neighbor and county departments.
{19400001-01275832;2) 43
BECON, LLC
Civil Engineering and Land Surveying
549 SW Mill View Way, Suite 100 • Bend OR, 97702 • 541.633.3140 • beconeng.com
WATER SUPPLY MEMORANDUM
Project: Roadhouse Ranch Campground
Project Address: 64061 N Hwy 97, Bend, OR 97701
Date: November 24, 2020
To: Deschutes County
From: Erik Huffman, PE, PLS
To whom it may concern,
This memo is intended to address water use and supply infrastructure for the proposed campground at
64061 N Hwy 97 in Deschutes County, Oregon (Tax Lot 1712040000800). This memo describes the
scale of the water demand and water supply system for shower/restroom facilities and other campground
uses.
Existing System:
The original State of Oregon "Water Supply Well Report" dated 2/25/1996 shows that the site is served
by a rotary air drilled well providing 18 gal/min. A conservative pump size of 5 gal/min is assumed
adding an additional safety factor to the calculations.
Additionally, an existing water reservoir cistern that is proposed to be connected to the system adds
approximately 2,500 gallons of water capacity on -site.
Design Criteria:
System Demand:
System demand is calculated based on average daily design flows recommended in "Water Use in Forest
Service Recreation Areas: Guidelines for Water System Designers" (Kathleen Snodgrass. USFS.
September 2007). Per Table 6:
Camping Facility (With flush toilets and showers) = 20-40 gallonsper day per person
Based on the absence of utility hookups and proposed use of low flow, water saving toilets, showers, and
other fixtures, water demand of 30 gal/day/person is used for the following calculations.
50 person total campground capacity X 30 gallons per person per day = 1,500 gallons per day
(Proposed)
_,, Page I 1
BECON
Findings:
The existing water supply system (well, pump, cistern) on -site is sufficiently sized to accommodate the
proposed campground use based on the design criteria and calculations shown above. If, at peak usage,
demand exceeds the well pumping capacity, water held in the cistern can handle any short-term flow
needs for the site.
If you have further questions please contact me.
Sincerely,
Erik Huffman, PE,
PLS
(541) 633-3140
ehuffman@beconena.com
Attachments:
A) Water Use in Forest Service Recreation Areas: Guidelines for Water System Designers
(Kathleen Snodgrass. USFS. September 2007).
i i _ __
0Ce-e%KI Page 12
BECON, LLC
p Civil Engineering and Land Surveying
BECON___ 549 SW Mill View Way, Suite 100 • Bend OR, 97702 • 541.633.3140 • beconeng.com
SEPTIC SYSTEM MEMORANDUM
Project: Roadhouse Ranch Campground
Project Address: 64061 N Hwy 97, Bend, OR 97701
Date: November 24, 2020
To: Deschutes County
From: Erik Huffman, PE, PLS
This memo is intended to address upcoming alterations to the property at 64061 N Hwy 97 in Bend,
Oregon (Tax Lot 1712040000800). This memo describes the scale of the proposed septic expansion
necessary to treat wastewater from shower and restroom facilities for the campground.
Existing System:
The site is served by one septic tank 1,000 gallons in size. The original tank was installed in 2014. The
tank flows to a distribution box that leads a drainfield consisting of three 100 foot sections of 4" drain line
constructed in 2014. Drop boxes are used between drainfield pipes to accommodate the unlevel
drainfield.
The existing system is designed for 450 gallons per day per Deschutes County septic permit 247-14-
00 1 029-SEP, dated June 2014.
Design Criteria:
System Flow:
System wastewater flow is calculated based on average daily design flows recommended in "Water Use
in Forest Service Recreation Areas: Guidelines for Water System Designers" (Kathleen Snodgrass. USFS.
September 2007). Per Table 6:
Camping Facility (With flush toilets and showers) = 20-40 gallons per day per person
Based on the absence of utility hookups and proposed use of low flow, water saving toilets, showers, and
other fixtures, wastewater flow of 30 gal/day/person is used for the following calculations.
50 person total camp capacity X 30 gallons per person per day = 1,500 gallons per day (Proposed)
House = 450 gallons per day (Existing)
Total Calculated Flow = 1,950 gallons per day
Page 1 1
BECON
Septic Tank Sizing Criteria:
The site is proposed to be used as a campground, while retaining the existing house. The campground is
designed with 15 spaces, each limited to 4 people, with a 50 person total capacity for the entire
campground.
Septic tank size guidelines indicate that tanks are to be sized at twice the average daily flow. For the
added flow of 1,500 gallons per day, the minimum septic tank size is 2 X 1,500 gallons per day = A_hnh
gallons for the proposed new use.
The existing 1,000 gallon septic tank for the residence is to remain.
Findings:_
Septic Approval:
Test pits were excavated in multiple arPnc nfthe siukiert nrnri— y to determine septic vasibil;r"
Deschutes County issued Commercial Septic Site Approval 1 1/07/2019 (247-19-001217-EVAL).
The site was approved with a capacity of 1,500 gal/day, meeting the design system flow as shown above,
and requiring 1,000 lineal feet of standard drainfield.
Drainfield location and required replacement area are shown on the Site Plan. (Sheet C-02 07/30/2020).
In addition to the proposed and approved system serving the campground facilities, the existing system
serving the residence is to remain in place as currently iinctioiiiiig.
If you have further questions please contact me.
Sincerely,
Erik Huffman, PE, PLS
(541) 633-3140
ehuffmanAbeconeng com
Attachments:
A) Water Use in Forest Service Recreation Areas: Guidelines for Water System Designers
(Kathleen Snodgrass. USFS. September 2007).
BECJ"� Page 2
I
B
FBI
SITE NOTES:
• CAMPING SPACES: 25-30' LENGTHS
• YURT - 20' DIAMETER - (1) 9'X18' PARKING SPACE
• OUTDOOR RECREATION = NATURAL CANYON/ HIKING
• ONLY 1 TENT ALLOWED PER SITE
• ALL SITES ARE BACK -IN ONLY
• RESTROOM/SHOWER FACILITY - 18' X 1U PROPOSED FOOTPRINT
• 2 RESTROOMS - EACH CONTAINS 1 TOILET, 1 SINK, 1 SHOWER.
BOTH TO BE ADA ACCESSIBLE.
• 1 FEMALE AND 1 MALE RESTROOM FACILITY REQUIRED PER 15
SITES (ORS REGULATIONS)
• 1 OUTDOOR SINK AT RESTROOM BUILDING FOR DISHWASHING, ETC.
• ALL WASTEWATER (ALL SINKS, TOILETS, SHOWERS, FLOOR DRAINS)
WILL DRAIN TO PROPOSED SEPTIC SYSTEM,
• KNOX BOX WILL BE PROVIDED AT ENTRANCE GATE FOR
EMERGENCY FIRE ACCESS
SITE TOTALS:
10 CAR/TENT OR SMALL RV SPACES
5 YURTS
TOTAL LAND AREA: 9.53 AC +/- (ASSESSOR ACRES: 9.28 AC)
TOTAL DEVELOPED AREA: 0.9 AC +/- (9 % )
UNDEVELOPED AREA = 8.63 AC +/- (91 % )
DRAINAGE NOTES:
• TOTAL IMPERVIOUS AREA = -2994 SOFT
• IMPERVIOUS AREA < 5000 SOFT, COSM (CENTRAL
OREGON STORMWATER MANUAL) GUIDELINES DO NOT
APPLY
• STORMWATER WILL DRAIN TO SOIL
30"X48" CLEAR
FLOOR SPACE
AT SINK
/
60" DIA
FLOOR DRAIN'
WHEELCHAIR
TURNING SPACE
/
SHOWER
I110
RESTROOM
\ SINK
FLOOR DRAIN — -
I � /
� / SHOWER
I---7 8.25' 8.25'
/ I o.00'
30"X60" CLEAR 6CLEAR
FLOOR SPACE FLOOR SPACE
AT SHOWER AT TOILET
RESTROOM BUILDING PLAN
1 "=3'
PRELIMINARY SITE PLAN
1 "=50'
DISH LEGEND:
SINK
EXISTING PROPERTY LINE — - - —
10.00' EXISTING FENCE x
EXISTING OVERHEAD POWER OH
EXISTING BUILDING
CAMPGROUND SETBACK LINE
PROPOSED GRAVEL PATH ---
PROPOSED WATER LINE w -
PROPOSED GRAVEL SURFACE
PROPOSED PAVEMENT
PROPOSED SHIELDING FENCE
C
PROF
BRED
C I N E
C>"�
7
r
'ON"
,3
�. HUFF
RE EWS: XNE 30 2021
z
z g
°
a
W
0
2
cn
z
=
0
0
Y z Q
°
z
w
I
(.0 2
7
> O ::j
_
Q W
U
o
_
d
U)
z
0
0
m
r
3
w z E
> 0. ch
a u
w
w n
0, v
mho
zp
�w
J
cn
S
o =
a
O
CD
a
N
wm�m
i
z z J N
W ¢ < W Q r
0 o m LL o r
VERIFY SCALES
p -
1„
BAR EQUALS ONE INCH
ON ORIGINAL DRAWING
SHEET:
C-02
2OF3
247-19-000361-CU;
FILE#-000362-SP:
000363-LM: &-000583-MA
A
KORMONDY CAMPGROUND
SITE DEVELOPMENT PLANS
SPTEMBER 2019
64061 N HIGHWAY 97
VICINITY MAP DESCHUTES COUNTY, OREGON
NOT TO SCALE TAXL.OT: 1712040000800
COUNTY FILE 247-19-000361-CU,-000362-SP, AND-000363-LM
ENGINEER & SURVEYOR:
BECON CIVIL ENGINEERING & LAND SURVEYING
ERIK J. HUFFMAN, PE, PLS
549 SW MILL VIEW WAY, SUITE 100
BEND, OREGON 97702
C-01 COVER SHEET
C-02 SITE PLAN
C-03 LAYOUT PLAN
EXISTING
CONDITIONS
0
® �
0 >- o
oC � z
O > o
Z 0 0
Z P LU
C
o =
LU
_ 0
07
M
O
3
2 a E
S>i O o a
w M m
mop
N F`W-y11
w h m
' I
Z
gq ®g' J 7
V
Q � T
Y
Lij
O N �
VERIFY SCALES
1"
BAR EQUALS ONE INCH
ON ORIGINAL DRAWING
SHEET:
C-01
1 OF 3
FILE# 18126
c'Xf IBr _.9.-_
A
B
SITE NOTES:
• CAMPING SPACES: 25-30' LENGTHS
• YURT - 20' DIAMETER - (1) 9'X18' PARKING SPACE
o OUTDOOR RECREATION = NATURAL CANYON/ HIKING
• ONLY 1 TENT ALLOWED PER SITE
• ALL SITES ARE BACK -IN ONLY
• 1 FEMALE AND 1 MALE RESTROOM FACILITY REQUIRED
PER 15 SITES (ORS REGULATIONS)
SITE TOTALS:
10 CARJENT OR SMALL RV SPACES
5 YURTS
TOTAL LAND AREA: 9.53 AC +/- (ASSESSOR ACERS: 9.28 AC)
TOTAL DEVELOPED AREA: 0.9 AC +/- (9 %)
UNDEVELOPED AREA = 8.63 AC +/- (91 % )
OLSON, SETH 0.
64089 N HWY 97
TAX LOT 17 12 04 00 00700 ,
DRAINAGE NOTES:
o TOTAL IMPERVIOUS AREA = -2994 SOFT
o IMPERVIOUS AREA < 5000 SOFT, COSM (CENTRAL
OREGON STORMWATER MANUAL) GUIDELINES DO NOT
APPLY
® STORMWATER WILL DRAIN TO SOIL
h
EXISTING
PUMPHOUSE
CJSTERN
CRAMER FARMS LLD
64045 N HWY 97
TAX LOT 17 12 04 00 00902
LEGEND:
EXISTING PROPERTY LINE - ®®
EXISTING FENCE - X -
EXISTING OVERHEAD POWER OH -
EXISTING BUILDING
PRELIMINARY SITE PLAN
1 "=50'
114
cl
CAMPGROUND SETBACK LINE
PROPOSED GRAVEL PATH --------
PROPOSED WATER LINE W ---
PROPOSED GRAVEL SURFACE
PROPOSED PAVEMENT ID
0 PRO
GIN
�Z
7
ON
J1 '�
J, HU
E 2018
ZQ
Z � J
0-W
0
® ~
Cc
O
G
cc
z
®
Z
o
6
T Z
W
IES
® J
uj
=
U
d
LU
LU
U)
3
� a E
S 0..
v d
�ooM3
m
vpiNm�
Lu
_
0)
r
Q
O
m
N
�3
0 O LL
O
VERIFY SCALES
0
1"
BAR EQUALS ONE INCH
ON ORIGINAL DRAWING
SHEET:
C-02
2OF3
FILE# 18126
SITE TOTALS:
10 CAR/TENT OR SMALL RV SPACES (1600 SOFT TYP)
5 YURTS
TOTAL LAND AREA: 9.53 AC +/- (ASSESSOR ACERS: 9.28 AC)
TOTAL DEVELOPED AREA: 0.9 AC +/- (9 %)
UNDEVELOPED AREA = 8.63 AC +/- (91 % )
-01
DRAINAGE NOTES:
• TOTAL IMPERVIOUS AREA = -2994 SOFT
• IMPERVIOUS AREA < 5000 SQFT, COSM (CENTRAL
OREGON STORMWATER MANUAL) GUIDELINES DO NOT
APPLY
• STORMWATER WILL DRAIN TO SOIL
Campsite
Area (51F)
S1
1929
S2
1890
S3
1742
S4
2250
S5
1 2379
S6
1610
S7
1770
S8
1946
S9
1692
S10
2434
Y1
1659
Y2
2128
Y3
2066
Y4
3063
Y5
1934
.?3)S
3)S
FA PR
GIN
7
ON
J. H
Lim
I\ :5 O
Z w
® i' = O
0 z
® = g o
Z w "
z
® a. 2
�gp�� W
CD U
4
rn
w
}
3 �
w 6
N 01
5Ion
x
a
r
¢ ° N
mr W
0
00
VERIFY SCALES
0 1"
BAR EQUALS ONE INCH
ON ORIGINAL DRAWING
SHEET:
C-03
30F3
FILE# 18126
1 4tllhll'i �,_'x41ta1 ,