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2021-59-Minutes for Meeting February 03,2021 Recorded 2/23/2021�< BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes County CJ2021-59 Nancy Blankenship, County Clerk Commissioners' ,journal 02/23/2021 9:19:49 AM co, II' I I III I II'I II II I I II I"I III 2021-59 Wednesday, February 3, 2021 BARNES & SAWYER ROOMS VII'TUAL MEETING PLATFORM Present were Commissioners Patti Adair, Anthony DeBone, and Phil Chang. Also present were Tom Anderson, County Administrator; David Doyle, County Counsel (via Zoom conference call); and Sharon Keith, Board Executive Assistant (via Zoom conference call). Attendance was limited due to Governor's Virus Orders. This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website http://deschutescountyor.igm2.com/Citizens/Default.aspx CALL TO ORDER: Chair DeBone called the meeting to order at 9:08 a.m. PLEDGE OF ALLEGIANCE: CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda. CHANG: Move approval of Consent Agenda ADAIR: Second Discussion: Commissioner Chang commented on Item 3 regarding the Quicksilver Contracting and would support incentives to promote more of these initiatives. BOCC MEETING FEBRUARY 3, 2021 PAGE 1 OF 11 VOTE: CHANG: Yes ADAI R: Yes DEBONE: Chair votes yes. Motion Carried 1. Consideration of Board Signature of Resolution No. 2021-005, Accepting the Problem Gambling Alcohol and Other Drugs Integration Project Grant Award and Increasing Appropriations in the Health Services Fund 2. Consideration of Board Signature of Order No. 2021-005, Surplus Property Declaration 3. Consideration of Board Signature of Document No. 2021-118, an Industrial Lease with Purchase Option for Quicksilver Contracting Company 4. Consideration of Board Signature to Appoint Elizabeth Richie to the Deschutes County Fair Board 5. Approval of Minutes of the January 20, 2021 BOCC Meeting 6. Approval of Minutes of the January 25, 2021 BOCC Meeting CITIZEN INPUT: Commissioner DeBone acknowledged three emails submitted and received via the Citizen Input line that will be attached for the record. Matt Hurt, Cannabis Nation Inc. (via Zoom conference call) provided testimony and addressed the Deschutes County Code regarding restricted hours of marijuana retail businesses. Commissioner DeBone suggested Mr. Hurt speak with the Community Development Department. Commissioner Adair announced the Interfor Corp mill in Gilchrist is expanding and starting a second shift. OTHER: Commissioner DeBone presented a few draft letters for Commissioners review and consideration of approval • Commissioner Chang reported on the letter to President Biden to encourage BOCC MEETING FEBRUARY 3, 2021 PAGE 2 OF 11 federal government to harness more of the vaccine supply. Commissioner Adair recommended revisions to the second paragraph. CHANG: Motion to approve Board signature ADAIR: Second with proposed corrections VOTE: CHANG: Yes ADAI R: Yes DEBONE: Chair votes yes. Motion Carried Commissioner Adair recommended an additional letter to be sent to AOC regarding vaccine supply sent to Deschutes County. • Commissioner DeBone presented a letter to joint Ways and Means Subcommittee on Natural Resources. Discussion held on the Governor's proposal to eliminate the Oregon Department of Geology and Mineral Industries in this year's budget. DEBONE: Move approval of Board signature CHANG: Second with proposed corrections VOTE: CHANG: Yes ADAI R: Yes DEBONE: Chair votes yes. Motion Carried • Commissioner DeBone presented a letter to the House Committee on Agriculture and Natural Resources regarding support of three bills relative to meat processing and inspection. Commissioner Adair stated she would gladly support this on behalf of the industry. ADAIR: Move approval of Board signature CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried BOCC MEETING FEBRUARY 3, 2021 PAGE 3 OF 11 ACTION ITEMS: 7. Economic Development Loan Program: Proposal to Convert SiCamore Semi Loan to a Grant and Proposal to Amend ARCC Programs Agreement Don Myll and Roger Lee of EDCO attended the meeting to present this item for discussion. Marc Pappageorge of SiCamore Semi was present at the meeting to report on history and production line of the business. Commissioner Adair noted the signature and date needs correction on the Economic Development Forgivable Loan Program document. ADAIR: Move approval to convert the loan to a grant CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: nar nn.ill avnlminori tho nrnnncal to nmonrl Aprr nrnQram aurPPmPnt to IV11 I. my II l./\Foju II 1\. aJ lv N� vl✓v.,uI w ..,....... �... , .. ... �.... .. a. .,.... ...�. .. ........ .� -- maintain employment at 6.5 FTEs and maintain average wage of $50,000. CHANG: Move approval ADAIR: Second VOTE: CHANG: Yes ADAIR: Yes DEBONE: Chair votes yes. Motion Carried 8. Q2 Performance Measure Updates Communications Director Whitney Hale presented the department updates for the second quarter. District Attorney's Office John Hummel, Jessica Chandler, and Kathleen BOCC MEETING FEBRUARY 3, 2021 PAGE 4 OF 11 Meehan Coop (present via Zoom conference call) reported on the Clean Slate Program under the goal of Safe Communities. Chief Financial Officer Greg Munn (present via Zoom conference call) reported on the Finance Department's goal under Service Delivery by providing a new E-statement option for property tax payments. HR Kathleen Hinman (present via Zoom conference call) reported on the Human Resources Department's goal of Service Delivery stating the Deschutes County health plan is experiencing lower than average claims due to treatment avoidance due to COVID19. IT Director Joe Sadony (present via Zoom conference call) reported on the Information Technology Department goal to improve cyber security profile under Service Delivery. 9. COVID19 Update U-,,I+k KinknA cor4r_e-7nr'�i mr-tA nr r;nnrao r nn1niav nrcccntcrl via 1 ICQIIII _IC1 VII.GJ IVUI IUU .JUUI—/1LVU1 CAI MA VI. <J Wl 6l �Wl I—Y V. -I 1— v.aw Zoom conference call. Presentation is attached to the record. Commissioner Adair acknowledged that local restaurants will appreciate when the County's risk level is downgraded from extreme risk to high risk. Accordingly, the vaccinations are imperative for the county and also stresses the need to vaccinate long term health care facilities and pharmacists. Commissioner Chang inquired for information on the capacity of our incident command system for the vaccination clinic requesting a report for next week's BOCC meeting. Mr. Sadr-Azodi will connect with Emergency Services Manager DCSO Sgt. Nathan Garibay as he is in charge of the coordination of the incident command center. Commissioner DeBone also asked for information on the COVID testing and the meaning of anti -body testing. 10.Consideration of How to Apply Funds Received in Repayment of Small Business Assistance Loans BOCC MEETING FEBRUARY 3, 2021 PAGE 5 OF 11 CFO Greg Munn was present via Zoom conference call and reported on the background of the funding program. Options would be to leave the funding with COIC at this time, to have the funds returned to the County to repurpose the funds, or convert the loans to grants. Internal Auditor David Givans was present via Zoom conference call and noted the constant communications with COIC regarding the funds. Commissioner DeBone supports leaving the administration of the funds through COIC and review the next steps at a later time. Commissioner Chang spoke on staff time to administer the funds. The Board was in support of the administration of the funds at COIC at this time. 11.113andemic Financial Assistance Update CFO Greg Munn reported this item has been renamed from CARES Act funding to pandemic financial assistance update. There is no update from the CARES Act allocations as of today. County Administrator Anderson reported there has been a call for volunteers from Deschutes County staff to assist at the vaccination clinic and inquired whether FEMA would reimburse st* . ��..,.. ..� t.. �.,1 ..f ,t the nvnnnrn nFthn r^lnnnr*monf AAr AAi inn %A1;11 �ro�to aff LII I1C II IJICQU VI CIL II IC CAHC;I IJC VI II IC U'Z-J UI lJIlcl IL IVII . IVIUI II I VVnI i cU�� a tracking mechanism to submit for FEMA reimbursement. Commissioner Adair inquired whether the request through the community to volunteer as well have been incorporated into available staff. County Administrator Anderson will research the numbers of individuals and entities and report back to the Commissioners. 12.FireFree Dates for 2021 Present via Zoom conference call were County Forester Ed Keith, Fire Adapted Communities Coordinator Boone Zimmerlee, and Solid Waste Operations Director Timm Schimke. Mr. Keith noted Commissioner Adair's request to expand the dates and reported on the dates proposed for the 2021 event. The first date begins May 1 and run through June 5 to spread out staff and coordinate with other providers. There are additional sites at West Bend, Sunriver, Crook and Jefferson Counties. Commissioner Adair feels it is an excellent idea and a critical need to begin promoting for the BOCC MEETING FEBRUARY 3, 2021 PAGE 6 OF 11 event. Commissioner Chang inquired on the compost process of the yard debris. Mr. Keith noted the material collected in the spring overwhelms the capacity to turn into mulch but the fall debris is ground into alternative daily cover. ADAIR: Move accept the FireFree dates for 2021 of May 1 - May 16 and May 22 - June 5 CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Continued Q2 Performance Measures: County Forester Ed Keith (via Zoom conference call) reported on the measurement relating to maintaining or increasing the number of FireWise communities throughout the County under the goal of Healthy People. There nn nes it 11.,e-.-L,� �tnc r,, �r�tv rornrrni-7orl onA r%mrtir'in-ntina in thin -.- are �FV communities I II I lul IIIIC� 111 VCJLI IUICJ L.UUI My I ccvbl II�cU ul I4 V%Al u�...l✓ua....b n . - FireWise program. Mr. Keith explained the department is creating a story map that tells the story of FireWise communities and will be shared at the February Project Wildfire meeting. Commissioner DeBone commented on the benefit of the program for communities. Commissioner Chang inquired on the process of sharing this information with other communities. Mr. Keith explained the story map will provide a good tool to access resources and contacts for communities interested in participating in the program. Road Department Director Chris Doty (via Zoom conference call) reported on the department's goal of economic vitality by maintaining a safe, efficient, and economically sustainable transportation system. Mr. Doty reported on the pavement condition index of Deschutes County roads. RECESS: At the time of 11:57 a.m. the Board went into recess and reconvened at 1:00 p.m. BOCC MEETING FEBRUARY 3, 2021 PAGE 7 OF 11 13.PUBLIC HEARING: Hwy 97 Campground Conditional Use and Site Plan Review Appeal Commissioner DeBone announced the introduction to the public hearing. Planner Cynthia Smidt (via Zoom conference call) presented the public hearing procedures. Hearing no conflict, bias or challenges, Commissioner DeBone opened the public hearing. Ms. Smidt presented the staff report. Applicant/Appellant Shawn Kormondy (via Zoom conference call) owner of the property, explained the vision behind the campground. Garrett Chrostek, attorney representing owner and appellant (via Zoom conference call) presented the conditional use and site plan review. Mr. Chrostek reported on the neighbor concerns relative to campsite occupancy, risk of fire, vehicle headlight shine, trespassing, and noise with the campground proposal as well as plans to address the concerns. Mr. Chrostek asked for consideration of following the 7-7-7 record format. Commissioner Chang expressed concern with requirements of defensible space for a campground and the need to reduce vegetation yet still �Arlrocc-inrr tho hoorllirrht nnrl nnica rnnrarnc AAr rhrnctal< ctntarl thin uuul C.i.711 Ib LI IG 1I�..Uulls. 1%. u..0 .IV 1.J \. \.VI Il. �..� . — .11.. —... W-1\.11 .Jl6d -- U. — vegetation would provide a visual screen but would also consider fencing. A cistern will be on site and dedicated to provide water for fire suppression. Commissioner DeBone inquired if the current occupancy proposed on the application is 50 or 60. The proposal was for 15 sites and would be based on appropriate level to assure compatibility. The application states no more than 4 persons at an individual site. 50 people is estimated for maximum occupancy. Commissioner DeBone called for public testimony Aaron Lafky, presented testimony via Zoom conference call in opposition on behalf of Kramer Farmers and Lafky Properties. Mr. Lafky reported on the history of issues of the proposed property site and is concerned about issues of enforcement of noise and light and reported on trespassing issues that have recently occurred. Mr. Lafky stated the illustrations of the proposed site are misleading and recommends the Commissioners conduct a site visit. Mr. Lafky noted that ODOT has a transportation plan in this area that will BOCC MEETING FEBRUARY 3, 2021 PAGE 8 OF 11 change the access road to the property. Liz Fancher, attorney, via Zoom conference call, and provided testimony in opposition. Concerns remain with shower and toilet construction where the toilet and shower are in one space and not available to more than one user at a time. She addressed the questions by Commissioner Chang on vegetation and feels the property is not natural and does not have a screen as the applicant has been grazing goats on the property eating the vegetation. Ms. Fancher also explained care takers are not required on the property and the house is violating the set -back criteria. Ms. Fancher expressed concern with dust from the gravel road and feels there should be pavement. Regarding foot path there should be paved walk ways. No further requests for testimony were presented. Mr. Kormondy and Mr. Chrostek provided rebuttal. Mr. Chrostek noted the open record period will allow for additional response to concerns. Mr. Chrostek opined this proposal was deemed a suitable site. Commissioner Adair inquired if the Commissioners are able to look at the tiro �ccict�r�t I oQ�l ('n� inccl Arum Cmith (via 7nnm rnnfPYPt1('P falls Yln1'Pfi If the Commissioners formed an opinion, it could be included in the record. Commissioner DeBone inquired on the trespassing and fencing complaint. Mr. Chrostek stated the fencing and trespassing issue was due to permission approved by the tenant and not the owner. Commissioner Chang asked for a response on the trailer and utility shed locations. Mr. Kormondy explained the storage shed could be moved and there should be no code violations. Ms. Smidt responded on fire concerns and natural hazards are reviewed by the hearing's officer. If the Board decided to make additional requirements, that is the section that should be addressed as well through Bend Fire Department review. Commissioner Chang commented on vegetation and thinks that juniper is hazardous and would qualify as a fire risk. The Commissioners will conduct a site visit to observe the property within the open record period. Adam Smith reminded all that the site visit will need to be open for the public to attend, as well as all parties. Ms. Smidt will BOCC MEETING FEBRUARY 3, 2021 PAGE 9 OF 11 arrange the site visit. Ms. Smidt reported on the deadlines during the 7-7-7 record period. Ms. Fancher inquired if the site visit would be recorded and included in the materials. Mr. Smith explained the site visit would be noticed to the public The purpose of the site visit is for the Commissioners to view the property; Mr. Smith reminded all that the site visit is not an appropriate venue for anyone to attempt to inform or persuade that Commissioners relative to the merits of the appeal. OTHER ITEMS: • Commissioner Adair recommended the reappointment to Katy Brooks for the seat representing Business and Industry on the COIC Board. Commissioner DeBone supported. Commissioner Adair noted the next scheduled meeting of COIC is February 4. ADAIR: Move approval of reappointment of Katy Brooks CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried County Administrator Anderson recommended the Commissioners reach out to encourage people to apply for the other two seats. • County Administrator Anderson reported on the number of volunteers for the vaccination clinic. We currently have 650 people in the public health reserve corps with an additional 271 in the process. BOCC MEETING FEBRUARY 3, 2021 PAGE 10 OF 11 EXECUTIVE SESSION: At the time of 2:44 p.m., the Board went into Executive Session under ORS 192.660 (2) (f) Considering Records that are Exempt from Disclosure by Law. The Board came out of Executive Session at 3:22 p.m. At the time of 3:22 p.m. the Board went into Executive Session under ORS 192.660 (2) (d) Labor Negotiations. The Board came out of Executive Session at 3:44 p.m. to direct staff to proceed as discussed. Being no further items to come before the Board, the meeting was adjourned at 3:45 p.m. DATED this / -7 Day of9,��V'021 for the Deschutes County Board of Commis -,inners. ANTHONY DE , CHAT HIL CHAN , VICE CHAIR TT TmL.(�.-V S (� ATTI A AI , COMMISSIONER BOCC MEETING FEBRUARY 3, 2021 PAGE 11 OF 11 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 9:00 AM, WEDNESDAY, FEBRUARY 3, 2021 Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend This meeting is open to the public, and allows the Board to gather information and give direction to staff. Public comment is not normally accepted. Written minutes are taken for the record 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. Meetings are subject to cancellation without notice. Item start times are estimated and subject to change without notice. CALL TO ORDER MEETING FORMAT In response to the COVID-19 public health emergency, Oregon Governor Kate Brown issued Executive Order 20-16 directing government entities to utilize virtual meetings whenever possible and to take necessary measures to facilitate public participation in these virtual meetings. Beginning on May 4, 2020, meetings and hearings of the Deschutes County Board of Commissioners will be conducted in a virtual format. Attendance/Participation options include: Live Stream Video: Members of the public may still view the BOCC meetings/hearings in real time via the Public Meeting Portal at www.deschutes.org/meetin&s. Citizen Input: Citizen Input is invited in order to provide the public with an opportunity to comment on any meeting topic that is not on the current agenda. Citizen Input is provided by submitting an email to: citizeninput@deschutes.org or by leaving a voice message at 541-385-1734. Citizen input received before the start of the meeting will be included in the meeting record. Zoom Meeting Information: Staff and citizens that are presenting agenda items to the Board for consideration or who are planning to testify in a scheduled public hearing may participate via Zoom meeting. The Zoom meeting id and password will be included in either the public hearing materials or through a meeting invite once your agenda item has been included on the agenda. Upon entering the Zoom meeting, you will automatically be placed on hold and in the waiting room. Once you are ready to present your agenda item, you will be unmuted and placed in the spotlight for your presentation. If you are Board of Commissioners BOCC Meeting Agenda Wednesday, February 3, 2021 Page 1 of 4 providing testimony during a hearing, you will be placed in the waiting room until the time of testimony, staff will announce your name and unmute your connection to be invited for testimony. Detailed instructions will be included in the public hearing materials and will be announced at the outset of the public hearing. PLEDGE OF ALLEGIANCE CITIZEN INPUT (for items not on this Agenda) [Note: Because COVID-19 restrictions may limit or preclude in person attendance, citizen input comments may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734. To be timely, citizen input must be received by 9:00am on the day of the meeting.] DISCUSSION OF MEETING START TIME CHANGE TO 9:00 a.m. CONSENT AGENDA 1. Consideration Board Signature of Resolution No. 2021-005 Accepting the Problem Gambling Alcohol and Other Drugs Integration Project Grant Award and Increasing Appropriations in the Health Services Fund. 2. Consideration of Board Signature of Order No. 2021-005, Surplus Property Declaration 3. Consideration of Board Signature of Document No. 2021-118, an Industrial Lease with Purchase Option for Quicksilver Contracting Company 4. Consideration of Board Signature to Appoint Elizabeth Richie to the Deschutes County Fair Board 5. Approval of Minutes of the January 20, 2021 BOCC Meeting 6. Approval of Minutes of the January 25, 2021 BOCC Meeting ACTION ITEMS 7. Economic Development Loan Program: Proposal to Convert SiCamore Semi Loan to a Grant and Proposal to Amend ARCC Programs Agreement - Whitney Hale, Communications Director Board of Commissioners BOCC Meeting Agenda Wednesday, February 3, 2021 Page 2 of 4 8. COVID 19 Update 9. Consideration of How to Apply Funds Received in Repayment of Small Business Assistance Loans - Greg Munn, Chief Financial Officer 10. Pandemic Financial Assistance Update 11. Fire Free Dates for 2021 - Ed Keith, Forester 12.Q2 Performance Measure Updates - Whitney Hale, Communications Director LUNCH RECESS 13.PUBLIC HEARING: Hwy 97 Campground Conditional Use and Site Plan Review Appeal - 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 At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations, ORS 192.660(2)(b), personnel issues; or other executive session categories. Executive sessions are closed to the public, however, with few exceptions and under specific guidelines, are open to the media. Executive Session under ORS 192.660 (2) (d) Labor Negotiations and ORS 192.660 (2) (f) Considering Records that are Exempt from Disclosure by Law ADJOURN To watch this meeting on line, go to: www.deschutes.org/meetingss Board of Commissioners BOCC Meeting Agenda Wednesday, February 3, 2021 Page 3 of 4 Please note that the video will not show up until recording begins. You can also view past meetings on video by selecting the date shown on the website calendar. Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.or,g/meetingcalendar (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Board of Commissioners BOCC Meeting Agenda Wednesday, February 3, 2021 Page 4 of 4 February 3, 2021 President Joe Biden 1600 Pennsylvania Avenue, N.W. Washington, DC 20500 President Biden, We encourage you to fully leverage federal contract authorities, including the Defense Production Act, to expand manufacturing of the COVID-19 vaccine and to increase procurement of additional vaccine doses. Americans across the country, including here in Deschutes County, Oregon, are pleading for access to this vaccine. Last week, here in Deschutes County, we vaccinated more than XXXX people. This week, we received word from the State that we would only receive a few hundred vaccine doses. Supply is so slim that no one in our county will receive a first dose of the vaccine this week. We stand ready to vaccinate our residents quickly and efficiently. However, we need the federal government to take the lead and make sure our nation's industrial capabilities are harnessed to address this urgent need. We urge you to continue to invoke necessary authorities to get as many doses of this vaccine out to Americans across the country. Please continue to do everything you can to bolster vaccine supply. We can all agree that we are at war with this virus. The use of these federal authorities is appropriate, and critically needed. Sincerely, The Deschutes County Board of Commissioners Anthony DeBone Phil Chang Chair Vice Chair CC: Senator Wyden; Senator Merkley; Representative Bentz Patti Adair Commissioner 1300 NW Wall Street Bend, Oregon 97703 I� (541) 388-6572 board@deschutes.org (- www.deschutes.org February 3, 2021 Co -Chairs Taylor and Reardon Joint Ways and Means Subcommittee on Natural Resources Dear Co -Chairs Taylor and Reardon and members of the Joint Ways and Means Subcommittee on Natural Resources, We were concerned when we heard that the Governor had proposed eliminating the Oregon Department of Geology and Mineral Industries (DOGAMI) in this year's budget. We support the Committee's decision to build a budget that keeps DOGAMI as an independent agency. In Central Oregon, geothermal development review and permitting may be very important with possible projects on Newberry National Monument. DOGAMI's Mineral Land Regulation & Reclamation (MLRR) program will be a critical resource to continue permitting and regulation of exploratory drilling and production from geothermal wells. The agency will also help ensure minimal impact of natural resource extraction and maximize beneficial restoration of disturbed lands. We encourage you to find a way to continue supporting these valuable programs. Sincerely, The Deschutes County Board of Commissioners Anthony DeBone Phil Chang Patti Adair Chair Vice Chair Commissioner CC: Senators Lynn Findley, Tim Knopp, and Dennis Linthicum Representatives Daniel Bonham, Vikki Breese Iverson, Jason Kropf and Jack Zika 1300 NW Wall Street Bend, Oregon 97703 '1 (541) 388-6572 board@deschutes.org Ewww.deschutes.org February 3, 2021 Representative Brad Witt, Chair House Committee On Agriculture and Natural Resources Dear Chair Witt, The Deschutes County Board of Commissioners supports HB 2785 (Directs State Department of Agriculture to establish grant program to fund upgrades to establishments expected to operate under program of state meat inspection.), HB 2786 (Directs State Department of Agriculture to study barriers to family -scale meat production and ways to promote family -scale meat production, and recommend legislative or regulatory avenues to remove identified barriers and promote family -scale meat production) and HB 2787 (Directs Department of Environmental Quality, in consultation with State Department of Agriculture, to study laws related to permitting of animal rendering facilities and provide results of study in report to interim committees of Legislative Assembly no later than September 15, 2022.). Expanding the opportunity for local and regional meat processing capacity in Oregon will create new job opportunities across the State, which will add to the number of people employed and tax revenue from payroll taxes and capital investment. 1Ai.. ..+.. +L... .. ...-+�...:+.. +.. � ohm" o ur in .+ we appreciate the opportunity o submit emu. lief—L. Please feel free to contact us if you would like additional information. Sincerely, The Deschutes County Board of Commissioners Anthony DeBone Phil Chang Chair Vice Chair CC: Senators Lynn Findley, Tim Knopp, and Dennis Linthicum Representatives Daniel Bonham, Vikki Breese Iverson, Jason Kropf and Jack Zika Patti Adair Commissioner 1300 NW Wall Street Bend, Oregon 97703 (54-1)388-6572 boardC)deschutes.org (www.deschutes.org COI I E S CO 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 February 3, 2021 DATE: January 27, 2021 FROM: Whitney Hale, Administrative Services, 541-330-4640 TITLE OF AGENDA ITEM: Economic Development Loan Program: Proposal to Convert SiCamore Semi Loan to a Grant and Proposal to Amend ARCC Programs Agreement BACKGROUND AND POLICY IMPLICATIONS: The Deschutes County Economic Development Loan Program was initiated to encourage and assist companies seeking to relocate to and/or create new jobs within Deschutes County. To receive a loan, companies must agree to create a specific number of jobs within a defined period, then maintain this level of employment for an additional set period of time. Economic Development of Central Oregon (EDCO) will discuss a proposal to convert the SiCamore Semi Economic Development Loan to a grant and to amend the ARCC Programs Economic Development Loan agreement. FISCAL IMPLICATIONS: None ATTENDANCE: Whitney Hale, Administrative Services; Don Myll, Bend Area Director, EDCO Y MOVE START GROW January 27, 2021 Deschutes County Board of County Commissioners 1300 NW Wall Street Bend, OR 97702 RE: Deschutes County Economic Development Loan Program - Proposal to Convert SiCamore Semi Loan to a Grant and Proposal to Amend ARCC Programs Agreement Board of County Commissioners: I am writing to request, with respect to the Deschutes County Economic Development Loan Program, the Deschutes County Administration and/or the Board of Commissioners, as appropriate, consider the: • SiCamore Semi loan to be converted to a grant since all conditions under the Agreement have been met, and • ARCC Programs loan Agreement be modified to extend the employment retention period and to reduce the required wage level as accommodations for the impact of COVID on this business. SiCamore Semi Agreement Date: Loaf iI amount: Agreement #: Employment Increase: Employment Retention Period Average Wage: August 14, 2019 $44,000 #2019-535 22 June 30, 2020 — June 30, 2021 $70,000 SiCamore Semi is a new business in Bend operating a silicon and silicon carbide fab/foundry manufacturing facility in the previous MicroSemi manufacturing facility in Bend. From inception, the Company quickly grew to 22 employees and reached as high as 29. The Company currently has 23 employees. The agreement with the County requires the Company to increase employment to a minimum of 22 and to maintain for 12 months, through no later than June 30, 2021. The Company achieved this milestone early, as of September 30, 2020, at an average annual wage above the minimum of $70,000. In addition to these high -paying jobs, the company also invested $1,423,000 in machinery and equipment. Attached is the certification prepared by Economic Development for Central Oregon that SiCamore Semi has fulfilled its obligations under the agreement. EDCO recommends conversion of SiCamore Semi's existing loan to a grant. Pagel of 2 M W ® E START ..,.__. Gpow ARCC Programs Agreement Date: Loan amount: Agreement #: Employment Increase: Employment Retention Period: Average Wage: June 19, 2018 $16,000 #2018-365 8 December 31, 2019 — December 31, 2020 $62,500 ARCC Provides international travel and learning programs for students. While the employment milestone in the Agreement was initially achieved in 2019, it was not maintained as COVID caused significant pressure on the business in 2020 primarily due to government restrictions and the Company's reliance on international air travel. The Company experienced dynamic and volatile employment change resulting in temporary employee furloughs in April and July 2020. ARCC has been resilient in dealing with the negative impact of COVID and has managed to maintain average and current employment at 6.5 year-round employees and is actively recruiting to increase employment to 8. While not covered by the agreement, the Company also has approximately 24 additional full-time seasonal employees, many of whom live within Deschutes County. Compensation has also been affected. The Agreement requires a minimum annual wage of $62,500 for the additional employees. The wage provided to the 8 full time positions currently average $57,875, slightly below (7.4%), the $62,500 required, but still above the average wage for all private employers within the county, which was $50,276 for the most recent data available (03 2020). ARCa„c laarip-mhin is cnmmitted to the COmDanv's success and has exhibited a tenacious will in reacting to COVID, like many local businesses. Given the Company's ability to nearly maintain employment (only 1.5 FT employees short with active efforts to increase to 8) and provide high - paying wages, I believe accommodation should be made to ARCC Programs through an amendment to the Company's Agreement. EDCO recommends amending the Agreement with ARCC Programs to extend the employment retention period and to reduce slightly the wage requirement as follows: • Maintain employment at a minimum of 6.5 employees at a minimum average annual wage of $57,875 • Increase employment to 8 by no later than June 30, 2021 • Maintain employment at least 8 with average wages of $57,875 for 12 consecutive months. • If employment levels are reached and maintained as described above, no interest charges would be due stemming from the extension period. S' rely, o I Bend Area Director Economic Development for Central Oregon Page 2 of 2 DESCHUTES COUNTY Economic Development Forgivable Loan Program Loan Recipient: SiCamore Semi 307 SW Columbia Street Bend, OR 97702 Agreement No.: 2019-535 Date of Agreement: August 14, 2019 On behalf of Economic Development for Central Oregon, I hereby certify that SiCamore Semi has met all conditions of the Deschutes County Economic Development Forgivable Loan Program as specified in Agreement DC- 2019-535 (attached). I further attest that a representative of Economic Development for Central Oregon has reviewed employment and payroll records furnished by SiCamore Semi and that such records confirm that the company: a) Created within and/or relocated to Deschutes County at least 22 new full-time, family wage positions by or before October 1, 2019, and M MnintninPrl these new nncitinnq in Tiecc_1>>ite's County for a 12-illotlth period bevoild the creation/relocation date and by or before September 30, 2020. I therefore request that the Deschutes County Board of Commissioners authorize that the business development loan made to SiCamore Semi be converted to a grant in accordance with the terms of the attached agreement. Economic Development for Central Oregon By: //I PJ19�6x Title: " �`l Date: Z. AL. DESCHUTES COUNTY woo ECONOMIC DEVELOPMENT LOAN PROGRAM AGREEMENT WITH SiCamore Semi Document Number 2019-535 This Economic Development Loan Agreement ("Agreement") is entered into: BETWEEN: Deschutes County (hereinafter referred to as "County") PO Box 6005 Bend, OR 97708-6005 541-330-4627 AND: SiCamore Semi (hereinafter referred to as "Company") 307 SW Columbia Street Bend, OR 97702 1.610.407.4700; ext. 120 RECITALS WHEREAS, County finds that the program set forth in this Agreement will promote state and local economic activity by creating new jobs and investment; and WHEREAS, Company wishes to expand its existing equipment and business operations within Bend, Oregon by increasing employment and investing in equipment and building improvements; and WHEREAS, the said expansion in Bend, Oregon will create at least twenty-two (22) new full-time, family wage jobs by July 1, 2020 for total employment by Company of twenty-two (22) jobs; and WHEREAS, once filled, the new full-time jobs will be maintained for an additional consecutive 12-month period to occur on or before June 30, 2021; and WHEREAS, County desires to promote the expansion of Company's facility by loaning funds in the amount of $44,000 for expenses related to job creation and such loan will later be converted to a grant upon the condition that Company satisfy certain requirements; and WHEREAS, said loan will be guaranteed by Silicon Power Corp in the capacity of parent company as outlined in Exhibit 1 to this agreement; and WHEREAS, County has engaged Economic Development for Central Oregon (EDCO) to assist in administering and implementing the loan; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to as follows: Dc-2019-535 SECTION 1 DEFINITIONS Section 1.1 Dollars and $ shall mean lawful money of the United States of America. Section 1.2 Loan shall mean funds loaned by County to Company as provided under Section 3. Section 1.3 Project shall mean expansion of Company employment in Deschutes County, Oregon. Section 1A Full Time Employee shall mean any employee who has been hired with the expectation that the job will last for at least one (1) year and who will work at least forty (40) hours per week or the equivalent of 2,080 hours per year. SECTION 2 TERM This Agreement shall be effective as of the date of execution by all parties and continue until the loan is paid in full or the loan is converted to a grant as provided in Section 3.3 below. SECTION 3 LOAN Section 3.1 Loan County agrees to loan Company the sum of $44,000 no later than 30 days following delivery of this signed Agreement to County. Section 3.2 Loan Purpose and Representations of the Company The purpose of the loan is to carry out the project, and for no other purposes. Company represents and warrants that it will diligently pursue and complete the following: 3.2.1 Company will employ at least twenty-two (22) additional full time employees by July 1, 2020 for a total of twenty-two (22) full-time employees. 3.2.2 Company will maintain these new positions from the date all are filled for an additional consecutive 12-month period to occur on or before June 30, 2021. 3.2.3 Wages for the new positions will average $70,000, excluding commissions, per annum. 3.2A Company will submit quarterly and annual progress reports to EDCO with documentation for job creation, capital investment relating to new facilities, and equipment associated with the project. 3.2.5 Company shall comply with all applicable federal, state, regional, and local laws, regulations, and ordinances. 3.2.6 Company shall timely pay all Deschutes County real and personal property tax when due and shall satisfy all delinquent property tax accounts in full. Section 3.3 Loan Repayment or Conversion to Grant 3.3.1 Unless the loan is converted to a grant as provided below, Company agrees to pay to the order of County the full amount of the loan as well as interest at the rate of 8% per annum beginning from the date County releases funds to Company until the earlier of (a) the occurrence of an event of default, as defined below, or (b) June 30, 2021. 3.3.2 County agrees to convert the loan to a grant that does not need to be repaid, if and when County determines in its sole discretion that Company has satisfied all of the obligations in Section 3.2 and its other obligations under this Agreement. Such conversion shall only be effective upon written verification by the County Administrator that the loan has been converted to a grant. 3.3.3 County may, in its sole discretion, convert a portion of the loan to a grant if all of the obligations under Section 3.2 and this Agreement have been fulfilled to the reasonable satisfaction of County. In the event of such partial conversion of the loan, the loan shall continue to be payable on a pro -rated basis in an amount determined by multiplying $2,000 by the difference between twenty-two (22) and the number of full-time employees employed in Deschutes County by Company as of July 1, 2020. Interest will accrue on this portion of the loan at a rate of eight percent (8%) per annum from the time the Company received the loan monies to the time they are repaid. SECTION 4 DEFAULT Section 4.1 Events of Default The following shall be considered events of default: 4.1.1 Company fails to complete, or County reasonably determines that Company will not be able to complete, the obligations described in Section 3.2 and its other obligations under this Agreement; provided, however, that upon such failure or determination, County shall first provide to Company written notice of such failure or determination, and Company shall have thirty (30) days to correct the matter. If the matter has not been corrected by Company within such thirty (30) day period to the reasonable satisfaction of County, County shall be entitled to declare Company in default of its obligations under this Agreement and the loan and accrued interest shall be payable in full. 4.1.2 Company effects a change of ownership or change of control of its business which results in dissolution or conversion of the original business entity or relocates its business operations outside of Deschutes County, Oregon on or before the end of the contract period. Change of ownership and/or change of control of the business will not be deemed a default if Company notifies County which may then condition consent on any reasonable term(s) necessary to adequately secure the loan. A change in majority stock ownership will not constitute a default if all other provisions in this agreement are met. 41.3 The occurrence of any event that has or may reasonably be expected to have a material adverse effect on Company's financial condition or Company's ability to make any payment required by this Agreement. 4.1A Company fails to pay, becomes insolvent or unable to pay, or admits in writing an inability to pay Company's debts as they become due, or makes a general assignment for the benefit of creditors. 4.15 A proceeding with respect to Company is commenced under any applicable law for the benefit of creditors, including, but not limited to, any bankruptcy or insolvency law, or an order for the appointment of a receiver, liquidator, trustee, custodian, or other officer having similar powers over Company is entered. SECTION 5 MISCELLANEOUS Section 5.1 Right to hnspect Company agrees that County, their agents, and employees shall be entitled, upon reasonable prior notice to Company, to access and inspect the property and employment records of Company and n .,_•_ . _ _A _11 its affiliates in order to insure that Company is complying with the terms or ans Agreement auu au applicable federal, state, and local laws and regulations. The right to inspection shall also include any property or employment records that are in the possession of any affiliate of Company. The right of inspection shall continue until all of the obligations of Company under this Agreement have been satisfied. Section 5.2 Attorneys Fee Provision In the event suit or action is instituted to enforce any of the terms or conditions of this Agreement, the unsuccessful party shall pay to the prevailing party, in addition to the costs and disbursements allowed by statute, such sum as the court may adjudge reasonable as attorney fees in such suit or action, in both trial court and appellate courts. Section 5.3 Indemnification Company shall defend, indemnify and hold harmless County and EDCO, their officers, agents, employees, and members from all claims, suits, and causes of action, including attorney's fees, of any nature whatsoever relating to claims by third parties resulting from or arising out this Agreement or fiords provided to Company under this Agreement. Except as otherwise provided in this Section 5.3, County and EDCO shall defend, indemnify, and hold harmless Company, their officers, agents, employees, and members from all claims, suits, and causes of action, including attorney's fees, relating to claims by third parties as to the validity under public finance law of this Agreement or funds provided to the Company under this Agreement. Section 5A Entire Agreement This Agreement constitutes the entire agreement between the parties regarding the matters herein. Section 5.6 Titles and Subtitles The titles in this Agreement are for convenience only and in no way define, limit, or describe the scope or intent of any provision of this Agreement. Section 5.7 Notice All notices, requests demands, and other communications to or upon the parties hereto shall be in writing and shall be deemed to have been duly given or made: Upon actual receipt, if delivered personally or by fax or an overnight delivery service; and at the end of the third business day after the date of deposit in the United States mail, postage pre -paid, certified, return receipt requested; and to the addresses set forth on page 1 of this Agreement or at such other address of which such party shall have notified in writing the other parties hereto. Section 5.8 Time is of the Essence All parties agree that time is of the essence under this Agreement. Section 5.9 Applicable icable Law This Agreement is made, and shall be construed and interpreted under the laws of the State of Oregon without regard to the principles of conflicts of law. Venue shall lie in state courts located in Deschutes County, Oregon, provided, however, if the claim must be brought in a federal forum, 1___•___t____�aL.11--TT-:4-A QIn4..n ".-*" + then it shall be brought and conducted solely and exclusively wimin uiv vaumw -3tatw —1-11— Court for the District of Oregon. Section 5.10 Disclosure Under Oregon law, most agreements, promises, and commitments made by a lender after October 3, 1989 concerning loans and other credit extensions which are not for personal, family, or household purposes or secured solely by borrower's residence must be in writing, express consideration, and be signed by the lender to be enforceable. Section 5.11 No Waiver No failure or delay of County in exercising any right, power or remedy under this Agreement shall operate as a waiver of such right, power or remedy of County, or of any other right. A waiver of any provision of this Agreement shall not constitute a waiver of or prejudice County's right otherwise to demand strict compliance with that provision or any other provision. Any waiver, permit, consent or approval of any kind or character on the part of County must be in writing and shall be effective only to the extent specifically set forth in such writing. Section 5.12 No Assignment by COrnvany No obligation or right under this Agreement may be assigned by the Company without the prior consent of County, which consent may be withheld, conditioned, or delayed in the sole discretion of County. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly executed as of the dates set forth below their respective signatures. Deschutes County �a y Tom Anderson, County Administrator Date: NNA tAy ' 131 20 i 7 SiCamore Semi By. Harshad Mehta, Ph.D. President/CEO Date: . %I 1A 1 w DESCHUTES COUNT ECONOMIC DEVELOPMENT LOAN PROGRAM PARENT COMPANY GUARANTEE Exhibit 1 to Agreement #2019-535 This Guarantee is effective July 1, 2019 by Silicon Power Corp whose registered office is at 280 Great Valley Parkway, Malvern, PA 19355 (hereinafter referred to as "Guarantor") on behalf of SiCamore Semi (hereinafter referred to as "Company") in consideration of an economic development loan made by Deschutes County, Oregon (hereinafter referred to as "County"). WHEREAS Company and County entered into Agreement No. 2019-535, providing funds to promote local economic activity by creating new jobs and business investment (hereinafter referred to as the "Agreement"); and WHEREAS, under the terms of the Agreement, Company has agreed to create twenty-two (22) new full-time, family wage jobs by July 1, 2020 and to maintain such jobs for an additional consecutive 12-month period to occur on or before June 30, 2021; and WHEREAS, under the terms of the Agreement, County has agreed to loan Company a sum of $44,000 dollars to increase employment by investing in equipment, building improvements, and/or operational infrastructure; and NOW THEREFORE in consideration of Company having entered into the Agreement with County, Guarantor hereby irrevocably agrees and undertakes as follows: 1) Guarantor hereby unconditionally and irrevocably guarantees to repay County any or all monies due and owing to County from Company under the Agreement arising out of the default or non-performance by Company of its obligations thereunder. 2) Guarantor agrees to make such payments immediately upon written demand by County and to accept such written demand as conclusive and sufficient evidence of the existence of a default or of non-performance on the part of Company as aforesaid. 3) Any written demand submitted by County to Guarantor shall be accompanied by a copy of an official Notice from County to Company which advises Company of any default or non- performance under the Agreement and which is dated at least 10 calendar days prior to any demand submitted by County to Guarantor. 4) The liability of the Guarantor hereunder shall not in any way be discharged, diminished or affected by: a) The granting of any time or indulgence to the Guarantor or to Company by County; b) The cffecting of any compromise whatsoever with Company by County; c) Suspension or termination of the Agreement by County; d) Any change in the constitution or business organization of Company or Guarantor; e) The amendment of any terms or conditions of the Agreement by County. 5) This Guarantee shall be in full force and effect from the date of execution of the Agreement and shall remain in operation until notice is given by County that the loan has been converted to a grant or repaid in full as specified under the terms of the Agreement, whichever first occurs. 6) This Guarantee may be extended to such later date as officially requested by the Company and agreed by County and may be enforced without first having recourse to any rights under the Agreement or without taking any steps or proceedings against County. 7) This Guarantee shall be binding on Guarantor and its successors and assigns and shall be irrevocable. 8) In the event of any Claim or dispute arising out of or relating to this Guarantee, the provisions of the Agreement with regard to applicable law and conflict resolution shall apply as if fully repeated herein. An award obtained pursuant to the Agreement by Company against Affiliate shall also be binding on Guarantor. AS WITNESS the hand of the duly authorized representative of Guarantor hereto: Silicon Power Corp (Guarantor) Signature: _e--� ",-'d Name: �4 i"'. S VI 4V !M 'C-.)q 2/ a �a Date: i 4 u LEGAL COUNSEL DESCHUTES COUNTY ECONOMIC DEVELOPMENT LOAN PROGRAM AGREEMENT WITH ARCC #2018-365 This Economic Development Loan Agreement ("Agreement") is entered into: BETWEEN: Deschutes County (hereinafter referred to as "County') PO Box 6005 Bend, OR 97708-6005 541-330-4627 AND: ARCC (hereinafter referred to as "Company') 19800 Village Office Court Bend, OR 97702 415-332-5075 RECITALS WHEREAS, County finds that the program set forth in this Agreement will promote state and local economic activity by creating new jobs and investment; and WHEREAS, Company wishes to expand its existing equipment and business operations within Bend, Oregon by increasing employment and investing in equipment and building improvements; and WHEREAS, the said expansion in Bend, Oregon will create at least eight (8) new full-time, family wage jobs by December 31, 2019 for total employment by Company of eight (8) jobs; and WHEREAS, once filled, the new full-time jobs will be maintained for an additional consecutive 12-month period to occur on or before December 31, 2020; and WHEREAS, County desires to promote the expansion of Company's facility by loaning funds in the amount of $16,000 for expenses related to job creation and such loan will later be converted to a grant upon the condition that Company satisfy certain requirements; and WHEREAS, County has engaged Economic Development for Central Oregon (EDCO) to assist in administering and implementing the loan; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to as follows: SECTION 1 DEFINITIONS Section 1.1 Dollars and $ shall mean lawful money of the United States of America. Section 1.2 Loan shall mean funds loaned by County to Company as provided under Section 3. Section 1.3 Pr_ ojeGt shall mean expansion of Company employment in Deschutes County, Oregon. Section 1.4 Full -Time Employee shall mean any employee who has been hired with the expectation that the job will last for at least one (1) year and who will work at least forty (40) hours per week or the equivalent of 2,080 hours per year. SECTION 2 TERM This Agreement shall be effective as of the date of execution by all parties and continue until the loan is paid in full or the loan is converted to a grant as provided in Section 3.3 below. SECTION 3 LOAN Section 3.1 Loan County agrees to loan Company the sum of $16,000 no later than 30 days following delivery of this signed Agreement to County. Section 3.2 Loan Purpose and Representations of the Company The purpose of the loan is to carry out the project, and for no other purposes. Company represents and warrants that it will diligently pursue and complete the following: 3.2.1 Company will employ at least eight (8) additional full time employees by December 31, 2019 for a total of eight (8) full-time employees. 3.2.2 Company will maintain these new positions from the date all are filled for an additional consecutive 12-month period to occur on or before December 31, 2020. 3.2.3 Wages for the new positions will meet or exceed the Deschutes County median family income, but are expected to average $62,500, excluding commissions, per annum. 3.2.4 Company will submit quarterly and annual progress reports to EDCO with documentation for job creation, capital investment relating to new facilities, and equipment associated with the project. 3.2.5 Company shall comply with all applicable federal, state, regional, and local laws, regulations, and ordinances. 3.2.6 Company shall timely pay all Deschutes County real and personal property tax when due and shall satisfy all delinquent property tax accounts in full. Section 3.3 Loan Repayment or Conversion to Grant 3.3.1 Unless the loan is converted to a grant as provided below, Company agrees to pay to the order of County the full amount of the loan as well as interest at the rate of 8% per annum beginning from the date County releases funds to Company until the earlier of: (a) the occurrence of an event of default, as defined below, or (b) December 31, 2020. 3.3.2 County agrees to convert the loan to a grant that does not need to be repaid, if and when County determines in its sole discretion that Company has satisfied all of the obligations in Section 3.2 and its other obligations under this Agreement. Such conversion shall only be effective upon written verification by the County Administrator that the loan has been converted to a grant. 3.3.3 County may, in its sole discretion, convert a portion of the loan to a grant if all of the obligations under Section 3.2 and this Agreement have been fulfilled to the reasonable satisfaction of County. In the event of such partial conversion of the loan, the loan shall continue to be payable on a pro -rated basis in an amount determined by multiplying $2,000 by the difference between eight (8) and the number of full-time employees employed in Deschutes County by Company as of December 31, 2019. Interest will accrue on this portion of the loan at a rate of eight percent (8%) per annum from the time the Company received the loan monies to the ,_ _ lu "Lune 1�ncy arc repaiu. SECTION 4 DEFAULT Section 4.1 Events of Default The following shall be considered events of default: 4.1.1 Company fails to complete, or County reasonably determines that Company will not be able to complete, the obligations described in Section 3.2 and its other obligations under this Agreement; provided, however, that upon such failure or determination, County shall first provide to Company written notice of such failure or determination, and Company shall have thirty (30) days to correct the matter. If the matter has not been corrected by Company within such thirty (30) day period to the reasonable satisfaction of County, County shall be entitled to declare Company in default of its obligations under this Agreement and the loan and accrued interest shall be payable in full. 4.1.2 Company effects a change of ownership or change of control of its business which results in dissolution or conversion of the original business entity or relocates its business operations outside of Deschutes County, Oregon on or before the end of the contract period. Change of ownership and/or change of control of the business will not be deemed a default if Company notifies County which may then condition consent on any reasonable term(s) necessary to adequately secure the loan. A change in majority stock ownership will not constitute a default if all other provisions in this agreement are met. 4.1.3 The occurrence of any event that has or may reasonably be expected to have a material adverse effect on Company's financial condition or Company's ability to make any payment required by this Agreement. 4.1.4 Company fails to pay, becomes insolvent or unable to pay, or admits in writing an inability to pay Company's debts as they become due, or makes a general assignment for the benefit of creditors. 4.1.5 A proceeding with respect to Company is commenced under any applicable law for the benefit of creditors, including, but not limited to, any bankruptcy or insolvency law, or an order for the appointment of a receiver, liquidator, trustee, custodian, or other officer having similar powers over Company is entered. SECTION 5 MISCELLANEOUS Section 5.1 Right to Inspect Company agrees that County, their agents, and employees shall be entitled, upon reasonable prior notice to Company, to access and inspect the property and employment records of Company and tili � _r tuo that ("�mt�anv is complying with the terms of this Agreement and all 1iS affiliates lIl orUGl w insure uiu� �..����y.+=•> applicable federal, state, and local laws and regulations. The right to inspection shall also include any property or employment records that are in the possession of any affiliate of Company. The right of inspection shall continue until all of the obligations of Company under this Agreement have been satisfied. Section 5.2 Attorney's Fee Provision In the event suit or action is instituted to enforce any of the terms or conditions of this Agreement, the unsuccessful party shall pay to the prevailing party, in addition to the costs and disbursements allowed by statute, such sum as the court may adjudge reasonable as attorney fees in such suit or action, in both trial court and appellate courts. Section 5.3 Indemnification Company shall defend, indemnify and hold harmless County and EDCO, their officers, agents, employees, and members from all claims, suits, and causes of action, including attorney's fees, of any nature whatsoever relating to claims by third parties resulting from or arising out this Agreement or finds provided to Company under this Agreement. Except as otherwise provided in this Section 5.3, County and EDCO shall defend, indemnify, and hold harmless Company, their officers, agents, employees, and members from all claims, suits, and causes of action, including attorney's fees, relating to claims by third parties as to the validity under public finance law of this Agreement or funds provided to the Company under this Agreement. Section 5.4 Entire Agreement This Agreement constitutes the entire agreement between the parties regarding the matters herein. Section 5.6 Titles and Subtitles The titles in this Agreement are for convenience only and in no way define, limit, or describe the scope or intent of any provision of this Agreement. Section 5.7 Notice All notices, requests demands, and other communications to or upon the parties hereto shall be in writing and shall be deemed to have been duly given or made: Upon actual receipt, if delivered personally or by fax or an overnight delivery service; and at the end of the third business day after the date of deposit in the United States mail, postage pre -paid, certified, return receipt requested; and to the addresses set forth on page 1 of this Agreement or at such other address of which such party shall have notified in writing the other parties hereto. Section 5.8 Time is of the Essence All parties agree that time is of the essence under this Agreement. Section 5.9 Applicable Law This Agreement is made, and shall be construed and interpreted under the laws of the State of Oregon without regard to the principles of conflicts of law. Venue shall lie in state courts located in Deschutes County, Oregon, provided, however, if the claim must be brought in a federal forum, _ _.]._ te,1 ,.1,.1. ,,.d o clus-Aw xxr;t}iin t'kp ITn;tp.d CtAtP.0 Dktrict then it shah be brought and cotiuu��cu s����y and xvau ,—.Y •._�.�___ --- Court for the District of Oregon. Section 5.10 Disclosure Under Oregon law, most agreements, promises, and commitments made by a lender after October 3, 1989 concerning loans and other credit extensions which are not for personal, family, or household purposes or secured solely by borrower's residence must be in writing, express consideration, and be signed by the lender to be enforceable. Section 5.11 No Waiver No failure or delay of County in exercising any right, power or remedy under this Agreement shall operate as a waiver of such right, power or remedy of County, or of any other right. A waiver of any provision of this Agreement shall not constitute a waiver of or prejudice County's right otherwise to demand strict compliance with that provision or any other provision. Any waiver, permit, consent or approval of any kind or character on the part of County must be in writing and shall be effective only to the extent specifically set forth in such writing. Section 5.12 No Assignment by Company No obligation or right under this Agreement may be assigned by the Company without the prior consent of County, which consent may be withheld, conditioned, or delayed in the sole discretion of County. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly executed as of the dates set forth below their respective signatures. Deschutes County By.cY-- Tom Anderson, County Administrator Date: ` 3 © + t 8' ARCC By: Scott i Eschen, President Date: 6 `L9' l i O vT E S CpGZ o Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of February 3, 2021 DATE: January 26, 2021 FROM: Whitney Hale, Administrative Services, 541-330-4640 TITLE OF AGENDA ITEM: Q2 Performance Measure Updates BACKGROUND AND POLICY IMPLICATIONS: Departments have completed their Q2 performance measure updates. Staff from the District Attorney's Office, Finance, Human Resources, Information Technology, Natural Resources and the Road Department will provide updates on progress made during Q2 on specific measures. Please see attached staff report for more information. FISCAL IMPLICATIONS: None ATTENDANCE: Whitney Hale, Administrative Services, in coordination with department representatives. Date: January 26, 2021 To: Board of County Commissioners From: Whitney Hale, Communications Director Re: Department Performance Measure Updates for Q2 Departments have completed their Q2 performance measure updates (see attached spreadsheet). Also attached is the full list of FY 2021 Goals and Objectives. At the February 3 Board meeting, the following departments will provide updates on progress made during Q2 on selected performance measures: District ttorney's Office Goal: Safe Communities Objective: Reduce crime and recidivism through prevention, intervention, supervision and enforcement. Measure: Currently the long term, two-year average recidivism rate for PCS crimes in Deschutes County is 62%. Goal is to maintain a two (2) year recidivism rate for all enrolled Goldilocks Clean Slate participants 45% or less. Q2 Update: 41.19% Finance Goal: Service Delivery Objective: Ensure quality service through the use of innovative technology and systems. Measure: Continue to find ways to improve operational processes by reducing labor requirements and data transfer errors while improving the customer service experience including the transition of Dog Licensing registration system from a manual, in -person process to an online system, transition paper property tax statements to "e-statements" and more efficiently capture room tax accounts. Q2 Update: Finance will provide an update on the new "e-statement" option for property tax payments. Human es res Goal: Service Delivery Objective: Preserve and enhance capital assets, strengthen fiscal security and ensure sufficient space for operational needs. Measure: Maintain health care cost inflation at or below national average of 5-7% for self -funded plans. Q2 Update: The DC Health Plan is running at -14% for the most recent three-month period (Sept -Nov 2020) as compared to the 2019 plan year. Many health plans, including the DC Health Plan, are experiencing lower than average claims due to treatment avoidance due to COVID-19. In addition, the DC Health Plan large claim frequency in 2020 is lower than in 2019 when the frequency was higher than actuarial norms. Information Technology Goal: Service Delivery Objective: Ensure quality service through the use of innovative technology and systems. Measure: Improve the cyber-security profile by creating data network segmentation between department operations and automated method of monitoring the active connections to the county network. Q2 Update: Enhancements to end -point security continue. A major upgrade to the systems that protect our email inboxes and computers from the likes of malware and malicious content is 95% complete. Natural Resources Goal: Healthy People Objective: Help to sustain natural resources in balance with other community needs. Measure: Maintain or increase the number of communities participating in the Firewise USAT"' Program. Q2 Update: Firewise communities now total 40, 3 additional from last quarter. Indian Ford Meadows East, Mountain High and Wyndemere were all newly recognized as sites. Road art t Goal: Economic Vitality Objective: Maintain a safe, efficient and economically sustainable transportation system. Measure #i: Sustain Pavement Condition index (low 80s) Measure #2: Achieve 96% of roads rated good or better (PCI above 70) Q2 Updates: PCI: 83 (achieved goal) and 98.6% of in good condition (goal achieved). ES CMG 2� BOARD OF COMMISSIONERS FY 2021 Goals and Objectives Mission Statement: Enhancing the lives of citizens by delivering quality services in a cost-effective manner. Safe Communities: Protect the community through planning, preparedness, and delivery of coordinated services. • Provide safe and secure communities through coordinated public safety services. • Reduce crime and recidivism through prevention, intervention, supervision and enforcement. • Collaborate with partners to prepare for and respond to emergencies and disasters. Healthy People: Enhance and protect the health and well-being of communities and their residents. • Support and advance the health and safety of Deschutes County's residents. • Promote well-being through behavioral health and community support programs. • Help to sustain natural resources in balance with other community needs. Economic Vitality: Promote policies and actions that sustain and stimulate economic vitality. • Support affordable and transitional housing options through availability of lands, project planning, and appropriate regulation. • Administer land use policies that promote livability. • Maintain a safe, efficient and economically sustainable transportation system. • Partner with organizations and manage County assets to attract business development, tourism, and recreation. Service Delivery: Provide solution -oriented service that is cost-effective and efficient. • Ensure quality service delivery through the use of innovative technology and systems. • Support and promote Deschutes County Customer Service "Every Time" standards. • Promote community participation and engagement with County government. • Preserve and enhance capital assets, strengthen fiscal security, and ensure sufficient space for operational needs • Provide collaborative internal support for County operations. FY 2021 Performance Measures Department Goal Objective Provide safe and secure communities Health Services Safe Communities through coordinated public safety services Provide safe and secure communities 9-1-1 Service District Safe Communities through coordinated public safety services. Ensure quality service through the use of 9-1-1 Service District Service Delivery innovative technology and systems. Support and promote Deschutes County 9-1-1 Service District Service Delivery Customer Service "Every Time" standards. Ensure quality service through the use of 9-1-1 Service District Service Delivery innovative technology and systems. Q1 UpdaterQ2Update Measure Goal Met - 96% of EMD calls scored (314 out of 326) as compliant or higher. 90% scored Continue to meet and exceed the (293 out of 326) at highly Emergency Medical Dispatch call taking established by the International compliant. Staff working on revision updates, policy Goal Met- 97.3% of EMD calls standards Academies of Emergency Medical software refinement, and review scored as complaint or higher. Dispatch and consider formal application committee mandates to fully for district medical accreditation in those meet all Accreditation standards. requirements in anticipation of applying for Accreditation in the future. Continue to meet and exceed the Goal Met - 96% of EFD calls Emergency Fire Dispatch call taking scored (313 out of 327) as standards established by the International compliant or higher. 86% scored Academies of Emergency Fire Dispatch. (281 out of 327) at highly Measured monthly by random call compliant. .mnling used for quality assurance. Enhance operational capabilities at existing backup center by deploying radio dispatch consoles as well as fully functional CAD system computers. Utilize the most of the small space by accommodating five consoles which will be available at any time for staff in an emergency situations. With CAD system deployment complete, continue to focus on the needs of internal staff and external partners to meet the operational use needs of the new CAD system and its integration with law enforcement and fire records management. Coordinate with 9-1-1 and DCSO to Collaborate with partners to prepare for and increase the number of web -registered Administration Safe Communities respond to emergencies and disasters. Deschutes Alerts subscribers Goal Met - 97.9% for EFD calls scored as compliant or higher. Goal Met. Backup center as w-„ as training room remain fully functional and ready for activation if Goal Met - Backup Center fully needed. Some testing this quarter functional on all systems. CAD, has been ongoing with deployable Radio, Phone, COVID-Measures laptops for 911 call taking that can potentially be used anywhere with internet service. Goal met - Busiest hour again Goal Met. Busiest hour again was 94.22°/o of 911 calls 4pm-5pm. 94.55% of 911 calls were was 4pm-5pm answered in 10 seconds or less.. answered in 10 seconds or less. Goal Met - DSS Reporting and Analytics Software training scheduled for all user agencies. Coordination with Tyler Tech for Goal Met -Staff continues ies in to learn software enhancement requests of CrewForce iOS software to additional system capabilitie support FD operational needs. greater detail and subsequently Punch list of support items for identify and implement operational system/software acceptance is efficiencies and enhanced progressing. Starting to review workflows with partner agencies. the newest software version that contains system acceptance items and multiple significant software enhancement requests " Slight decrease is overall registrations due to significant database cleanup by staff t0 eliminate duplicates and entry errors. cv 9n'>1 Performance Measures 1 Measure Department Goal objective " Q1 Update Q2 Update Property management continues Administration Administration Administration Administration Support affordable housing options through Work with non-profit agencies to increase Economic Vitality availability of lands, project planning and the supply of affordable housing. appropriate regulation. •c... �.-,.«„ c In<ura properties Identify asset or foreclosure r ope Support affordable housing options through that may be appropriate for housing Economic Vitality availability of lands, project planning and and/or social services and assist the appropriate regulation. developer in bringing projects to fruition. Support affordable housing options through Seek opportunities to partner with other Economic Vitality availability of lands, project planning and jurisdictions to stimulate affordable appropriate regulation. housing projects. to monitor inventory to identify property that may be appropriate for affordable housing. Over the last quarter, though on the fringe of affordable housing, property management engaged the Board concerning interest in warming shelter participation. The Board determined that no County - owned property was available, a fiscal contribution may be available for the coming season. Property management continues to monitor inventory to identify property that may be appropriate for affordable housing. Over the last quarter, though on the fringe OT affordable housing, i _using, property management engaged the Board concerning interest in warming shelter participation. The Board determined that no County - owned property was available, a fiscal contribution may be available for the coming season. Property management continues to monitor inventory to identify property that may be appropriate for affordable housing. Over the last quarter, though on the fringe of affordable housing, property management engaged the Board concerning interest in warming shelter participation. The Board determined that no County - owned property was available, a fiscal contribution may be available for the coming season. Secure state and federal funds to support Maintain a safe, efficient and economically local public transit services in partnership Economic Vitality sustainable transportation system. with local providers. Property Management has been working with Bend Heroes Foundation and Central Oregon Veterans Outreach to finalize two agreements -memorandum of understanding and a ground lease for the Veterans Village project. The agreements are close to final form and will be memorialized in the next few weeks. Property Management is currently preparing the annual tax foreclosure deed and will acquired 7 tax foreclosed properties, roughly mid-Fahrf fary 2021. There is a property in the La Pine that may have merit to be considered for affordable housing. Additional evaluation will be required once the County has possession of the property. Deschutes County continues to coordinate with COIC to implement our STIF projects. Deschutes County's STIF and STF committees will meet in December to discuss applications for the upcoming biennium. None at this time. Deschutes County is currently administering STIF, STF and 5310 funds with local transit providers. FY 2021 Performance Measures Department Goal Objective Measure Leverage funds for job creation and Partner with organizations to manage business recruitment, support and Administration Economic Vitality County assets to attract business diversification through County economic development, tourism and recreation. development loan program Maintain Risk Management reserve at the Preserve and enhance capital assets, 80% confidence level of adequacy, based Administration Service Delivery strengthen fiscal security and ensure space for operational needs. on an actuarial study of the County's workers' compensation and general sufficient liability claims. Provide collaborative internal support for Achileve95n surveyrating of overall Administration Service Delivery County operations. quality oa audit a Provide collaborative internal support for Administration Service Delivery County operations. Support and promote Deschutes County Administration Service Delivery Customer Service "Every Time" standards. Ensure quality service through the use of Assessor's Office Service Delivery innovative technology and systems. Ensure quality service through the use of Assessor's Office Service Delivery innovative technology and systems. Ensure quality service through the use of Assessor's Office Service Delivery innovative technology and systems. Ensure quality service through the use of Assessor's Office Service Delivery innovative technology and systems. Ensure quality service through the use of Assessor's Office Service Delivery innovative technology and systems. Ensure quality service through the use of Clerk's Office Service Delivery innovative technology and systems. Ensure quality service through the use of Clerk's Office Service Delivery innovative technology and systems. Support and promote Deschutes County Clerk's Office Service Delivery Customer Service "Every Time" standards. Number of workplace accidents that require days away from work, or transferred workers per 100 employees (DART Rate). Veterans' Services: See customers within 10 days Accounts managed per FTE compared to other Oregon counties. Written approval by the Department of Revenue for the Assessor's certified Ratio Study. Percentage of tax statement mailed by Oct. 25th. Q1 Update EDCO expects to bring new business loan requests to the BOCC during Q2. The Risk Management reserve is at the 90% confidence level of adequacy. Q2 Update During Q2, the BOCC approved a $10,000 Economic Development Loan that will result in the creation of at least 10 new full time jobs. In Quarter 1, 1 audit report was issued (Fair & Expo report) and it No additional information in this received 6 survey responses for a quarter. 93% overall survey rating. The DART rate will be reported on No additional information in this later in the year. quarter. Currently appoint e it waft tlmoc Wait time is currently less than 10 are within 10 days and usually less days. than one week, This information is not available This information is not available until late in the 3rd quarter of until late in the 3rd quarter of fiscal fiscal year year received approval received approval H » all tax statements were mailed timely Written certification from the Department This information is not available of Revenue approving the County until late in the 3rd quarter of Assessment Function Assistance (CAFFA) fiscal year program Administrative expenses as a percentage This information is not available of taxes imposed compared to other until late in the 3rd quarter of Oregon Counties fiscal year Compares recording staff FTE to the To Report at Fiscal Year End number of pages recorded. Compares election staff FTE to voter To Report at Fiscal Year End registration. No report this quarter. No Percentage of customers rating levels of responses received between July service as very good to excellent. 1 & Sept 30. This information is not available until late in the 3rd quarter of fiscal year This information is not available until late in the 3rd quarter of fiscal year To Report at Fiscal Year End To Report at Fiscal Year End q FY 2021 Performance Measures Measure Q1 Update Q2 Update Department Goal Objective Election personnel cost comparison per E d Tn Ranort at Fiscal Year End Clerk's Office Community Development Community Development Support and promote Deschutes County 1,000 ballots tallied for countywide Service Delivery Customer Service "Every Time" standards. elections. Safe Communities Safe Communities Provide safe and secure communities Improve voluntary compliance in code through coordinated public safety services. enforcement cases from 8S% to 90%. improve the resolution of code Provide safe and secure communities enforcement cases within 12 months from through coordinated public safety services. 75% to 85%. Collaborate with partners to prepare for and Community Development Safe Communities respond to emergencies and disasters. Complete DLCD grants with public involvement to develop and consider recommendations to address wildfire hazard mitigation and Goal 5 wildlife habitat inventories to inform the 2021 Comprehensive Plan Update. To Report at Fiscal Year n Within Range: Voluntary compliance in code enforcement cases during the first quarter occured in 85.2% of cases closed. Narrowly Missed: A total of 74.1 % of code enforcement cases were closed within 12 months during rhP first quarter. Within Range: Voluntary compliance in code enforcement cases during the second quarter occured in 87.9% of cases closed. Narrowly Missed: A total of 71.5% of code enforcement cases were closed within 12 months during the second quarter. ildfire: Staff is administering an -month $20,000 TA Grant from e Department of Land mservation and Development ILCD) to incorporate Wildfire itigation Advisory Committee ;commendations into the omprehensive Plan and evelopment code and begin pdating Goal 5 wildlife habitat rventories. CDD recently ompleted a two month ommunity conversation, eluding a statistically valid urvey, regarding two measures hat can be employed to better irotect our communities from vildfire (11327.4 and defensible ;pace). Staff is preparing a summary report of the :ommunity conversations. This mill be discussed at the Board's 1/20 work session. Nildlife: Staff will seek public input on three new/updated wildlife inventories relating to mule deer winter range, sensitive bird habitat (bald and golden eagles) and elk winter range. Community conversations consisting of virtual open houses, ArcGIS Story Maps, and informal surveys will occur in March. FY 2021 Performance Measures Department Goal Community Development Community Development Community Development Community Development Community Development Community Development Community Development Healthy People Economic Vitality Economic Vitality Economic Vitality Service Delivery Service Delivery Service Delivery Objective Measure Q1 Update Q2 Update Help to sustain natural resources in balance with other community needs. Support affordable housing options through availability of lands, project planning and appropriate regulation. Administer land use policies that promote livability. Administer land use policies that promote livability. Ensure quality service through the use of innovative technology and systems. Ensure quality service through the use of innovative technology and systems. Ensure quality service through the use of innovative technology and systems. Ensure quality service through the use of Community Development Service Delivery innovative technology and systems. Achieve compliance with the ATT (Alternative Treatment Technology Septic System) Operation and Maintenance Will have an update in Q2 (O&M) reporting requirements of 95% to protect groundwater. Complete rural vacant residential lands analysis and develop a County housing strategy to inform the 2021 Comprehensive Plan Update. Amend the City of Bend Urban Growth Boundary to implement HB 4079, a pilot project to increase the supply of affordable housing projects. Amend the City of Redmond Urban Growth Boundary to implement HB 2336, a pilot project to increase the supply of affordable housing units. Staff have met with the Board four times since July 2020 and will return in November to continue the discussion. Staff has prepared a housing profile which will continue to evolve through Board discussions. Staff participated in a conference call with City of Bend's Growth Management Department in August 2020. No timetable for completion was discussed. The City of Redmond applied for a UGB amendment to begin implementing HB 2336. A hearings officer proceeding is expected in late November or early December. Achieve 6-10 inspection stops per day to Achieved an average 9.35 provide quality service. inspection stops per day. Missed: Achieved an average Achieve an average turnaround time on turnaround time on building plan building plan reviews of 8 10 days to meet reviews of 18.5 days during the or exceed state requirements. first quarter. Sustain the issuance of land use administrative decisions with notice within 45 days and without notice Sustain the issuance of land use administrative decisions without notice within 21 days of completed application Achieved. Administrative decisions with notice were issued within 34.2 days on average during the first quarter. Achieved. Administrative decisions without notice were issued within 17.6 days on average during the first quarter Achieved: Reporting compliance for ATT operation and maintenance achieved at 98%. A2020 Rural Housing Profile for Deschutes County contains a summary of existing conditions, a twelve-month market analysis, housing strategies employed by other counties, institutional challenges, and opportunities for providing additional rural housing. The Board accepted the report in November. One of the Board's highest priorities as it relates to housing is pursuing rural accessory_ dwelling_ unit legislation in 2021. A Deschutes County/City of Bend staff meeting will be scheduled monthly to discuss HB 4079. The Board is conducting a work session on the UGB Amendment affordable housing pilot project on January 13. The public hearing date is TBD. Achieved an average 9.39 inspection stops per day. Missed: Achieved an average turnaround time on building plan reviews of 16.90 days during the second quarter. Within Range: Administrative decisions with notice were issued within 50.9 days on average, narrowly missing the target, but well within the 30 to 60 day range. Achieved: Administrative decisions without notice were issued within 21.9 days on average during the second quarter. FY 2021 Performance Measures Q1 Update Q2 Update Department Goal objective Measure Improve the issuance of onsite septic Achieved. Onsite septic system Achieved: Onsite septic system were issued within 4.08 Ensure quality service through the use of stem permits ithin 15 Y tow thin 12 days of permits were issued within 5.71 days during the first quarter. permits days during the second quarter. Community Development Service Delivery innovative technology and systems. completed application completed application. In Progress. 3 identified; 1 Successfully test whether Juvenile declined to be referred; 2 Reduce crime and recidivism through probation officers (CJO's) can positively referred for screening but E:I� prevention, intervention, supervision and intervene with youth with Substance Use declined to participate after Community Justice Safe Communities enforcement. Disorders screening. Reduce crime and recidivism through Community Justice Safe Communities prevention, intervention, supervision and enforcement. Reduce crime and recidivism through Safe Communities prevention, intervention, supervision and Community Justice enforcement. Reduce crime and recidivism through Safe Communities prevention, intervention, supervision and Community Justice enforcement. Reduce crime and recidivism through Safe Communities prevention, intervention, supervision and Community Justice enforcement. Reduce crime and recidivism through Safe Communities prevention, intervention, supervision and Community Justice enforcement. Reduce crime and recidivism through Safe Communities prevention, intervention, supervision and Community Justice enforcement. Complete criminogenic risk assessments of supervised adult clients within 10 days of intake. Ensure 75% of supervised adult clients have active and updated Behavior Change Plans. Have two completed validation studies by January 2021, one for existing intake assessment and one for existing detention risk assessment. 7.6 days 27.30% In progress. Southern Oregon University has received raw data for first validation project (Brief Screen) and conducted initial meeting with Juvenile staff to identify elements of the qualitative research question associated with the validation. Ensure 65% of cognitive -behavioral group participants report skill acquisition Quvenile MRT, Adult MRT and Adult Moving On). Ensure 100% of contracted adult treatment providers are providing or actively working on an action plan to treatment that qualifies as "evidence - based" according to the Correctional Program Checklist. Remain at least 10% below the state's pre - Justice Reinvestment Program county prison utilization baseline of 1,716 months (the number of months at the time of the baseline measurement that Deschutes County adults in custody were serving/sentenced). As of January 2020 we were at 1,199 or 30% below baseline. 100% 7.9 days 64.10% in nrogress. Southern Oregon University is conducting quantitative analysis and will begin qualitative interviews Jan. 8 to Jan. 22. 100% 1 Providing; 4 Actively working on 1 Providing, 4 Actively working on Action Plans; 3 Pending. Date Aotion Plans; 3 Pending. Date TBD due TBD due to COVID. -25% Reduce crime and recidivism through Transition from written to digital monthly MET MET Safe Communities prevention, intervention, supervision and reporting of adults on supervision. community Justice enforcement. -36% FY 2021 Performance Measures Department Goal Objective Measure Q1 Update Q2 Update Maintain over 90% of victims who report after case closure that they either agree or 88u Provide safe and secure communities strongly agree that the victims' assistance 97% � District Attorneys Office Safe Communities through coordinated public safety services. program helped them make informed decisions about their situations. District Attorneys Office District Attorneys Office District Attorney's Office Facilities Safe Communities Safe Communities Safe Communities Safe Communities Reduce crime and recidivism through prevention, intervention, supervision and enforcement. Reduce crime and recidivism through prevention, intervention, supervision and enforcement. Reduce crime and recidivism through prevention, intervention, supervision and enforcement. Provide safe and secure communities through coordinated public safety services. Currently the long term, 1 year average recidivism rate for PCs crimes in Deschutes County for is 50.6%. Goal is to maintain a one (1) year recidivism rate for all enrolled Goldilocks Clean Slate participants 40% or less. Currently the long term, two year average recidivism rate for PCs crimes in Deschutes County is 62%. Goal is to maintain a two (2) year recidivism rate for all enrolled Goldilocks Clean Slate participants 45% or less. Achieve minimum 50 percent positive Deputy District Attorney survey responses (total of "very good" and "good" responses) to the following questions: • Ability to call and/or meet with victims in a timely manner: from 25 percent to 50 percent. • Adequately Prepare for Trial: from 19 percent to 50 percent. • Ability to work on case follow-up tasks: from 20 percent to 50 percent. Partner with Public Safety Campus stakeholders to plan for facility improvements in support of operational objectives. Improve the structural resilience of County buildings through improvements Collaborate with partners to prepare for and to seismic restraints and by completing Facilities Safe Communities t i respond to emergencies and disasters. p g structural engineering reviews at targeted facilities. 35.47% 40,41 • Ability to call and/or meet with victims in a timely manner: from 25 percent to 50 percent. 44 54 0 • Adequately Prepare for Trial: from 19 percent to 50 percent. 38,82 Q • Ability to work on case follow-up tasks: from 20 percent to 50 percent. 2 785/2 With the completion of the Stabilization Center, near term projects as identified in the Public Safety Campus Master Plan are currently being developed. Projects included, parking expansion, Community Service Shop, and Parole and Probation expansion. Planning is underway for an engineering review of the South County Services Building. Structural seismic improvements are currently being incorporated into the planned Courtroom Remodels at the Main Courthouse. 35.51 % 41.19% • Ability to call and/or meet with victims in a timely manner: from 25 percent to 50 percent. 47.37% • Adequately Prepare for Trial: from 19 percent to 50 percent. 42.11% • Ability to work on case follow-up tasks: from 20 percent to 50 percent. 36.849/o Design is complete for the Community Service Shop and associated Parking "B" expansion. Plans are underway to issue an RFP for construction services. Design for seismic improvements associated with the replacement of the the courtroom roofs and skylights at the Main Courthouse is complete. The work will be incorporated into the upcoming courtroom remodel project. FY 2021 Performance Measures - - Goal Q1 Update Department l Objective Ensure safe access to County facilities and Inspections and planning are Support and advance the health and safety services through annual inspection of 80% underway to identify projects for Facilities Healthy People of Deschutes Countys residents of sidewalk inventory and complete Q3, in spring of 2021. repairs as needed. AC e ui ment Utilize existing facility management service through the use of software to track lifecycle planning for Ensure quality Facilities Service Delivery innovative technology and systems. facility Heating Ventilation Air Conditioning (HVAC) assets. Continue the development and Preserve and enhance capital assets, implementation of the facility asset Facilities Service Delivery strengthen fiscal security and ensure space for operational needs. manag ement and replacement plan. sufficient Build and continue effective partnerships Collaborate with partners to prepare for and with Federal, State and Local emergency including Fair & Expo Safe Communities respond to emergencies and disasters. or incident response providers training and planning. preparation, Fair & Expo Economic Vitality Fair & Expo Economic Vitality An inventory of HV q p county -wide as been completed. Data entry of the information in to existing software will be undertaken as staff time permits. Q2 Update Inventory work continues to identify projects for spring of 2021. The inventory is being utilized for preventative maintenance planning and (2) digital control upgrade projects are underway. Phase II building assessment review continues as part of FY 2022 budget Review of Phase II assessments is preparation. Work to create a 5- underway in preparation for the year plan for upgrade of stormwater FY 2022 budget development. controls conjunction ermitrequirements will be undertaken in Q3. Strive to achieve more than $48 million in annual economic impact generated from Due to the impacts of Covid19 Partner with organizations to manage Fair & Expo events and facilities. This economic impac County assets to attract business t is not expected measure uses economic multipliers by Travel Oregon and upda development, tourism and recreation. withbTraveld Industries of America tra elted to meet this original target. index. .d Partner with organizations to manage Provide a safe, modern event venue to County assets to attract business our community that attracts more than development, tourism and recreation. 750,000 visitors annually. DCFE is focused on facility wi e improvements that will benefit each of our visitors, now and into the future. Recent updates include the installation of LED lighting in the Event Center, providing a much needed modernization, and cost savings. :air & Expo is working with DC5O and DC Public Health on PPE Distribution, COVID testing, and as a possible Covid Vaccination location. a long term agreement with FEMA was approved and signed, for the use of specific parking areas at F&E for large scale natural disasters. Due to the impacts of Covid19 economic impact is not expected to meet this original target. DCFE is focused on facility wide imprc R FY 2021 Performance Measures Department Goal Fair & Expo Economic Vitality Fair & Expo Service Delivery Fair & Expo Service Delivery Finance Service Delivery Objective Measure Q1 Update Q2 Update A full analysis of prior marketing expenditures was conducted, and a A full analysis of prior marketing facility marketing plan was created expenditures was conducted, and for 2020. This plan identified key a facility marketing plan was target markets including, Livestock/Equestrian events and created for 2020, This plan identified key target markets Sporting events as the 2 primary Development of a refined facility including, Livestock/Equestrian as the economic drivers. DCFE has seen success in the outreach into the marketing plan, with focus on creation of events and Sporting events 2 economic drivers. Equestrian/livestock area with the Partner with organizations to manage target market segments. Create and primary Despite the impacts of Covid19, recruitment of new events including County assets to attract business development, tourism and recreation. utilize local partnerships to increase awareness of Deschutes County Fair & DCFE has seen success in the Cascade Chute Out, Challenge of Champions, Oregon Angus Show, Expo and the Deschutes County Region. outreach into the Equestrian/livestock area with the and more. For FY22 F&E will host recruitment of new events multiple new equestrian events including Cascade Chute OUt, including the new High Desert Challenge of Champions, Oregon Summer SHowcase Morgan Horse Angus Show, and more. Event, Sanctuary Barrel Races, and Diver the return of the Columbia ��„�u�a Circuit Finals Rodeo. Ensure quality service through the use of innovative technology and systems. Support and promote Deschutes County Customer Service "Every Time" standards. Ensure quality service through the use of innovative technology and systems. Develop and implement Fair/Large event traffic mitigation plan and strategies. Continue to achieve minimum of 90% or greater customer service satisfaction in all areas. Improve the efficiency of payments by implementing and/or expanding electronic processes in employee reimbursements and expansion of ACH accounts payable payments and use of purchase card payments. A full traffic and parking plan was put together in anticipation of the 2020 Fair. This plan was not utilized due to the cancellation of 2020 Fair, but is in the process of being updated for the 2021 and beyond Fairs. While events have been severely impacted by the effects of Covid19, DCFE received an over 90% customer satisfaction rating through Q1 In process. A full traffic and parking plan was put While events have been severely impi On hold pending additional Munis/system support. FY 2021 Performance Measures Department Goal objective Ensure quality service through the use of Finance Service Delivery ^,votive technology and systems. Ensure quality service through the use of Finance Service Delivery innovative technology and systems. Measure Q1 Update Q2 Update 1.Online ability to license new dogs is still waiting for IT to finish changing over the data base. Once complete, it should be an easy transition. 2 Property tax statement mailing went well with new 3rd party vendor. 2nd trimester statements will be mailed out 1. Dog Licensing. The IT around Jan 25th and will include the department is finishing the option for taxpayers to "opt in" to e- changeover to a new database statements. This will not only be a for dog licensing. Once complete, benefit to the taxpayers as they will Continue to find ways to improve we will be able to provide online be notified of their statement much operational processes by reducing labor registrations for new pets. sooner than waiting for the mail but requirements and data transfer errors 2. Property Tax. New for this year it should also give them a link to while improving the customer service including the transition of Dog is the production and mailing of property tax statements from a pay. The County will be able to save postage by not mailing the experience Licensing registration system from a third party vendor. This will save statement and would also be able to r..,, manual, in -person process to ail u1 m„c transition paper property tax the rni into ever $10.000 in printing and mailing costs and a view c a taxpayer downloaded Or paye viewed the statement. The 3rd party system, statements to "e-statements" and more week's worth of staff time. E- will have online help for any issues efficiently capture room tax accounts. statements will be offered with e-statements so we won't have starting in January 2021. to field any of those calls. 3. In 3, Room Tax. Reviewing options process of reviewing online filing to replace existing collections software platforms for Room Tax. system. Had demo with iGov which sounds like a more user friendly system that allows the County to assist the customer without having to contact the software company. IT seems to approve so now waiting for project estimate as well as checking several other options. Improve efficiency of County budget process and development of the annual budget document. In process. Implemented a more efficient budget calendar that recognizes ISF and PR projections cannot be completed until February due to th COLA. In process of purchasing Budget software to help with narrative and visual automation of budget book. The FY22 budget calendar has been modified to provide for the budget process to commence after CPI/COLA information is available. This starts the budget process in February, up to two months later than in prior years to provide better, more up to date information for the budget building exercise. We have researched electronic budget book options that will significantly reduce the amount of staff time required to assemble the budget document. We've narrowed the options down to three and should have a decision soon. In FY 2021 Performance Measures Department Goal Objective Measure Q1 Update Q2 Update Continue to develop new and functional Developed an alternate business intelligence tools to assist County methodology for tracking time spent Finance Service Delivery Ensure quality service through the use of departments with efforts to improve In process. on grants/projects outside of the innovative technology and systems. transparency and monitoring of fiscal and traditional NOVAtime time tracking. operating activities, decision support and Functionality allows for passive -time process improvements. collection to the entire County. Finance Service Delivery Support and promote Deschutes County Customer Service "Every Time" standards. Reduce crime and recidivism through Health Services Safe Communities prevention, intervention, supervision and enforcement. Health Services Healthy People Support and advance the health and safety of Deschutes County's residents In lieu of a formal survey, Treasurer/CFO conducts annual "check in" meetings with Develop and implement annual customer department heads and lead staff service survey for the Finance to review the prior year and seek In process. department. input on how Finance can improve services. The feedback is used to establish improvement goals in the Finance Department. Reduce recidivism by 60% among 61 % ([449-176]/449) 61 % ([455-177]/455) (449 total arrests 18 months prior 1455 total arrests 18 mnnths prinr to individuals served by the Forensic Diversion Program. to FD services; 176 total arrests FD services; 177 total arrests post 18 post 18 months) months) Reduce outbreaks and spread of disease F9 i 1[1 e A 95% (21/22) (for those diseases that by completing 95% of communicable have a 10-day completion disease investigations within 10 days, as��� requirement. This does not include defined by the Oregon Health Authority. coronavirus cases) Reduce outbreaks and food -borne illness Support and advance the health and safety by inspecting a minimum of 95% of Health Services Healthy People of Deschutes County's residents licensed facilities (e.g. restaurants, o 19/0 (61/319) 0 27/o (113/420) pools/spas/hotels, etc.) per state requirements, Assure 90% of women served in the DCHS Health Services Healthy People Support and advance the health and safety clinic and at risk for unintended 95.5% (336/352) 91.7% (177/193) of Deschutes County's residents pregnancy use effective methods of contraception after receiving services. Support and advance the health and safety Assure 80% of pregnant women being Health Services Healthy People of Deschutes County/s residents served by DCHS receive prenatal care 91 % (58/64) 90% (60/67) beginning in the first trimester. Promote well-being through behavioral See Behavioral Health Oregon Health Plan Health Services Healthy People health and community support programs, clients needing emergent/urgent visits o 99/0 (102/103) 0 100% (96/96) within 24-48 hours. Promote well-being through behavioral See Behavioral Health Oregon Health Plan Health Services Healthy People health and community support programs. clients needing routine visits within one o 99.7/0 (314/315) 0 100% (373/373) week. Offer a behavioral health appointment Health Services Service Delivery Support and promote Deschutes County that falls within the seven (7) day period o 97 /o (28/29) 0 94/o (31 /33) Customer Service "Every Time" standards. post -discharge to 82.7% of individuals discharged from Sageview. W FY 2021 Performance Measures Department Goal objective Measure Q1 Update Q2 Update Q2 Performance: 99.89% of all FY20 Benchmark: N/A (data was employee action changes processed Achieve 100% of employee action changes not tracked prior to this FY) in good order. Human Resources Service Delivery Ensure quality service through the use of innovative technology and systems. processed in good order (timely and Q1 Performance: 99.03% of all FY21 Aggregate Performance: accurately.) employee action changes 99.54% of all employee action processed in good order. changes processed in good order. 0% of classifications received were delivered for consideration within one month. (6 classifications were Achieve 100% of classification reviews HR has not received any received in Q2.) Human Resources Service Delivery Support and promote Deschutes County delivered for consideration within one classification reviews for FY21 Q1 • HR is workingto date the update Customer Service "Every Time" standards. month of receipt of final draft from (No benchmark for this data as it reclassification guide to include department. was not tracked prior to this FY.) s improved materials to support a more complete submittal and timely review. 46% of DC Officials/Administrators 45% of DC Officials/Administrators (Directors and Managers) identify (Directors and Managers) identify as as Female, compared to 36% of Female, compared to 36% of Comparison of percent of director, Community O fficials/Administrators identify Community Officials/Administrators Preserve and enhance capital assets, managers, and supervisors in County as Female. identify as Female. Human Resources Service Delivery strengthen fiscal security and ensure workforce in relationship to percentage in sufficient space for operational needs. community population for women and for 5% of DC Officials/Administrators 4% of DC Officials/Administrators minorities. (Directors and Managers) are (Directors and Managers) are Minority, compared to 7% of Minority, compared to 7% of Community Officials/Administrators Community re Minority (Male/Females.) a Officials/Administrators are Minority (Male/Females.) The DC Health Plan is running at -14% for the most recent three The DC Health Plan is running at month period (Sept -Nov 2020) as -12.7% for the most recent three compared to the 2019 plan year. month period ()un-Aug 2020) as Many health plans, including the DC Preserve and enhance capital assets, Maintain health care cost inflation at or compared to the 2019 plan year. Health Plan, are experiencing lower Human Resources Service Delivery strengthen fiscal security and ensure below national average of 5-7% for self- Many health plans, including the than average claims due to sufficient space for operational needs. funded plans. DC Health Plan, are experiencing treatment avoidance due to COVID- lower than average claims due to 19. In addition, the DC Health Plan treatment avoidance due to large claim frequency in 2020 is COVID-19. lower than in 2019 when the frequency was higher than actuarial norms. 19 FY 2021 Performance Measures Department Goal Objective Measure Q1 Update Q2 Update Q2 performance: 57.14°r6 exit interviews completed and returned FY20 Benchmark: 60.61 %exit to HR in FY21 Q2. interviews completed. Q1 Performance: 46.67% exit Aggregate FY21 performance: interviews completed and 52.78%. returned to HR in FY21 Q1. Provide collaborative internal support for Increase the number of exit interviews In an effort to increase the Analysis of those not participating in Human Resources Service Delivery County operations. completed and returned by 10%. completion rate, HR staff will be the exit questionnaire process in Q2 adding an additional check -in showed a higher than usual number with existing employees prior to of no -notice terminations (voluntary their departure requesting the or involuntary); circumstances for exit interview be completed. which response rate is typically lower than other groups. 55% of DC Total Workforce 55% of DC Total Workforce identify identify as Female, compared to as Female, compared to 47% of 47% of Community Workforce Community Workforce identify as Comparison of percent of Cot �.,, irarson .,. 1. i_ identify ds Fei1l�aic. Female Promote community participation and workforce in relationship to percent in Human Resources Service Delivery engagement with County government community population for women and for No of DC Total Workforce are 7°k of DC Total Workforce are minorities. Minority as compared to 10% of Minority as compared to 10% of Community Workforce are Community Workforce are Minority Minority (Male/Females.) (Male/Females.) Progress slowed by the effects of the pandemic on staff availability as the project requires the coordinated efforts of staff outside IT. Improve the cyber-security profile by Status: In progress. The project is creatingdata network segmentation g in the vendor selection stage. An However, IT internal efforts continue Ensure quality service through the use of between department operations and RFP was issued at the end of to progress. Enhancements to Information Technology Service Delivery innovative technology and systems. automated method of monitoring the August. Responses have been endpoint security continue. A major active connections to the county network. collected and are being reviewed, upgrade to the systems that protect out email inboxes and computers from the likes of malware and malicious content is 95% complete. FY 2021 Performance Measures Department Goal Objective Measure Q1 Update Q2 Update Status: Complete. We have employed the use of three Virtual Private Network (VPN) technologies for remote workforce data communications. Solutions from Microsoft, Cisco and Fortinet are in play. Variances in the fleet of County laptops precludes using a single technology. If we could, we Ensure quality service through the use of Establish a standard for secure data would focus on using the Microsoft product. The Fortinet No update. This measure was Information Technology Service Delivery innovative technology and systems. communications support a mobile workforce regardless of scale. VPN is a stop-gapsolution for the achieved in Q1. DA as they are on a separate authentication scheme from the rest of the County. The IT Department had the equipment available from a recent proof of concept and deployed for the DA at no cost. The County will continue to use the FOB based remote access for those who access from non -County owned computers. An integrator was selected via RFQ and contracted to assist IT with the implementation of M365. A fixed - fee scope of work have been negotiated and is within budget Implement and promote the tools Status: In progress. An implementation partner has been estimates. Execution of the scope of Provide collaborative internal support for available in Microsoft 365 to improve selected via RFP. Implementation work is to begin during Q3. Information Technology Service Delivery County operations. communications between teams and planning to begin in October of departments. 2020 Should the implementation require staff to touch every end -point computer, implementation could be severely delayed during the pandemic. Our goal is to achieve a no -touch implementation. Collected $187,407 in fines within 90 days of judgment. Entered $129,655 in new receivables (this number drastically reduced due Collected $173,776 in fines within 90 Provide safe and secure communities Rate of collections on fines 50% of above to fewer citations during COVID- days of judgment. Entered $216,261 Justice Court Safe Communities through coordinated public safety services. within 90 days of judgement. 19). judge initiated COVID-19 in new receivables for same time multiple case pay-off incentive period. Rate of collections 80%. making collections larger than receivables. Rate of collections over 100%. 1d FY 2021 Performance Measures objective Measure Q1 Update Q2 Update Department Goal J 101 small claim cases were filed Zero small claims cases filed due during first quarter 2020-2021. Five Service Delivery Promote community participation and 90% resolution of small claim cases before to COVID-19 moratorium on new of these were scheduled for trial. justice Court ry engagement with County government trial. filings. That is a resolution rate of approximately 95%. The ongoing COVID-19 emergency response has highlighted strengths and weaknesses associated with providing real Legal operates on 24/7 basis - Collaborate with partners to prepare for and time, 24/7 support to county departments access is immediate with phone, Legal Safe Communities respond to emergencies and disasters. during the duration of an emergency text and email. event. Legal will develop internal processes to insure immediate, comprehensive and coordinated support. Legal will engage internal emergency Legal has encouraged operations staff and partner agencies to department heads to share after - Collaborate with partners to prepare for and review/audit existing processes with the hours contact information for i Aoai --o- Safe Communities a rlicactarc respond to emergencies an......cn_.-. _. goal of identifying successful processes, fine-tuning, rejecting and/or replacing , o „i —ith ci inarvicnr and -- and management staff all others. Legal will implement remote work site processes (developed on -the -fly during Ensure quality service through the use of the COVID-19 emergency) to allow for a Legal Counsel Service Delivery innovative technology and systems. more robust and comprehensive level of 24/7 responsiveness. Collaborate with partners to prepare for and Maintain or increase public participation Fire Free events as measured by yard No events in Q1, fall event will be Natural Resources Safe Communities respondin to emergencies and disasters. g debris collected held in Q2 Firewise communities total 37, 1 Help to sustain natural resources in balance Maintain or increase the number of communities participating in the Firewise additional from last quarter, Boonesbourough. 3 additional Natural Resources Healthy People with other community needs. USA Program. communities are pending. Maintain a safe, efficient and economically Road Department Economic Vitality sustainable transportation system. Maintain a safe, efficient and economically Road Department Economic Vitality sustainable transportation system. Maintain a safe, efficient and economically Road Department Economic Vitality sustainable transportation system. Preserve and enhance capital assets, Road Department Service Delivery strengthen fiscal security and ensure sufficient space for operational needs. Sustain Pavement Condition Index (low To be reported in Q2 80s) Achieve 96% of roads rated good or better To be reported in Q2 (PCI above 70) Achieve 50% of bridges rated good or 51 % of bridges rated good or better (Deck, Superstructure, and better Substructure Ratings all above 7). Staff in County Legal are available at all times to address concerns of County officials and employees. Officials and staff have and continue to contact County Legal after hours and on the weekends. This service function is extremely important and many evolving matters car111- "wa until Monday morning." County Legal has now fully implemented the ability to work/operate from remote locations. IT (Steve Maier) has been critical in this regard. The fall FireFree event is held in partnership with Republic Services to offer 50% off yard debris disposal at Knott Landfill. 8686 cubic yards were collected, approximately 100 cubic yards less than 2019. Firewise communities now total 40, 3 additional from last quarter. Indian Ford Meadows East, Mountain High and Wyndemere were all newly recognized as sites. PCI: 83 (achieved goal) 98.6% in good condition (goal achieved) 51 % of bridges rated good or better Provide a maintenance treatment or 15.4% (92 miles of chip, 9.9 miles resurface 14.0% of the Countys road Reported in Q1 of slurry, 6.7 miles of AC) pavement asset. 1F FY 2021 Performance Measures Department Goal objective Measure Q1 Update Q2 Update Road Department Road Department Road Department Sheriffs Office Service Delivery Service Delivery Service Delivery Safe Communities Preserve and enhance capital assets, strengthen fiscal security and ensure sufficient space for operational needs. Preserve and enhance capital assets, strengthen fiscal security and ensure sufficient space for operational needs. Provide collaborative internal support for County operations. Provide safe and secure communities through coordinated public safety services. Sustain the weighted average Bridge Sufficiency Rating at or above 85. Provide further implementation and development of the Road Capital Improvement Plan. Percentage of county -wide light fleet out of life -cycle, (Longterm target is 0%, annual goal is a downward trend). Maintain current service levels by responding to or initiating 80,000 patrol community contacts. Weighted Average Sufficiency Rating = 87 (out of 100) FY21 Q1 Road CIP progress includes: • Paving of S Century Dr: US 97 to Venture Ln - Construction 100% complete • Old Bend Redmond Hwy/Tumalo Rd Intersection Improvement- Construction 75% complete • Sisemore Bridge Rehabilitation - Construction 75% complete • Highway Warning Systems - construction contract awarded • 2020 Guardrail Improvements - Construction contract awarded • Tumalo Rd/Tumalo PI Intersection Improvement - Construction bids received • Johnson Rd Curve Warning Signs - Construction bids received • Paving of Fryrear Rd - Preliminary engineering 90% complete • NE Negus Way/NE 17th St Improvement- Preliminary engineering 60% complete • Rickard Rd: Groff Rd to US 20 Improvement- Preliminary engineering 30% complete • Hunnell Rd: Loco Rd to Tumalo Rd Improvement - Preliminary engineering 20% complete • Transportation System Plan Update - Consultant contract awarded To be reported in Q2/Q3 Weighted Average Sufficiency Rating = 87 (out of 100) FY21 Q2 Road CIP progress includes: • Old Bend Redmond Hwy/Tumalo Rd Intersection Improvement - Construction 100% complete • Sisemore Bridge Rehabilitation - Construction 100% complete • Highway Warning Systems - Construction 100% complete • 2020 Guardrail Improvements - Construction 100% complete • Johnson Rd Curve Warning Signs - Construction 100% complete • Paving of Fryrear Rd - Preliminary engineering 100% complete • Tumalo Rd/Tumalo PI Intersection Improvement - Construction 25% complete • NE Negus Way/NE 17th St Improvement - Preliminary engineering 90% complete • Rickard Rd: Groff Rd to US 20 Improvement- Preliminary engineering 90% complete • Paving of Powell Butte Hwy - Preliminary engineering 90% complete • Hunnell Rd: Loco Rd to Tumalo Rd Improvement - Preliminary engineering 30% complete • Transportation System Plan Update - Work in progress To be reported in Q3 19 FY 2021 Performance Measures ......_......... Department Goal Objective Measure Q1 Update Q2 Update Sheriffs Office Sheriffs Office Solid Waste Solid Waste Solid Waste Solid Waste Solid Waste Healthy People Healthy People Healthy People Healthy People Service Delivery Service Delivery Service Delivery Support and advance the health and safety of Deschutes County's residents Support and advance the health and safety of Deschutes County's residents Help to sustain natural resources in balance with other community needs. HPIn to sustain natural resources in balance with other community needs. Ensure quality service through the use of innovative technology and systems. Support and promote Deschutes County Customer Service "Every Time" standards Support and promote Deschutes County Customer Service "Every Time" standards Maintain current service levels and complete 1,100 14-day assessments (a questionnaire concerning the overall health of inmates). Maintain current service levels and complete 4,400 sick call visits (response to an inmate requests to see the doctor or someone on the nursing staff). Continue to meet or exceed the general industry compaction standard of 1,200 Ib/cy to ensure efficient use of the Knott Landfill resource. Work with solid waste service providers to increase the diversion rate and collect more recyclables than the prior year's 62,118 tons. Develop a performance dashboard providing real-time data for management oversight of solid waste operations to better help make decisions in staffing and other cost controls. Attendant cash transaction error percentage be better than the historical high of 0.13%. Develop and deploy a customer service satisfaction survey. Completed 145 14-day Assessments in Q1 Completed 1,014 sick call visits in Q1 Calculations through August 2020 show we are exceeding the industry standard of 1,200 Ib/cy with an annual average over 1,500 Ib/cy. More than 64,000 tons were collected and recycled through Q4 2020 (July 2019 to June 2020). The prior fiscal year revised annual target of 60,676 was exceeded by 5.5%. The first round of reporting is complete with initial volume and financial data, DEQ waste disposal tons, transaction counts and revenue from the scale software provides insight into daily activities and assists in regulatory reporting, staffing and other needs. Continued efforts will enhance the reporting capabilities and provide additional data, such as recycling and costs. Disposal activities are seasonal with higher utilization in the summer months. Even with large volumes of transactions, the average number of attendant cash transaction errors was 0.06% for Q1 2021 (July - Sept 2020), well below historical highs. COVID and other factors have had us shift priorities, focusing on projects that minimize contact and ensure safety. Rolling out a satisfaction survey is still slated for completion this fiscal year. Completed 150 14-day Assessments in Q2 Completed 1,017 sick call visits in Q2 The most recent rate of 1,362 Ib/cy exceeds the general industry compaction standard of 1,200 Ib/cy. Mulch grinding of yard debris and wood waste positively impacted the first quarter diversion numbers. Q1 2021 (July - Sept 2020) 23K tons in total recyclables exceeds the YTD target by 13% (based on an annual goal of 62K tons). The initial volume and financial dashboards are actively used by management to track daily traffic volumes as well as daily and monthly disposal tons. The build of additional data sources and enhancements will commence later in the fiscal year once the new Accountant is fully trained and upon completion of delayed projects due to focusing on COVID safety initiatives. The Q2 2021 (Oct - Dec 2020) average attendant cash transaction error rate was 0.05%, an improvement over last quarter and well below the historical high. The development and deployment of a customer service satisfaction survey is slated for later this fiscal year. 17 FY 2021 Performance Measures Department Goal Objective Measure Q1 Update Q2 Update Preserve and enhance capital assets, Complete construction of the Negus Design is progressing. We are Design is underway and we are Solid Waste Service Delivery strengthen fiscal security and ensure Transfer Station facility improvements to accommodate population growth in the behind schedule due to COVID, but we still hope to solicit for nearing the stage where detailed sufficient space for operational needs. Redmond area. construction this fiscal year. cost estimates will be available. 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Along with vu w1 IW. �� — Zj u„ -- , ..., .,...... ...�........__ _....__.--- -, -- -- --- - --- - - --- -- - - matching funds, COIC was able to make a total of $208,000 in business loans in Deschutes County. COIC facilitated the loan program for Deschutes County and other counties in the region, including application, selection, distribution of funds, and administration of the loan agreements. The following $80,000 in loans (County contribution plus match) were assigned to Deschutes County: BORROWER ORIGINAL NOTE 5 FUSION $ 10,000 ACTION DYNAMIX MASSAGE $ 10,000 CASCADES LAKES RACE GROUP LLC $ 10,000 ELAN SALON $ 10,000 FARQUHAR TECH $ 10,000 FLIP FLOP SOUNDS, LLC $ 10,000 JEWELZ INC / DBA ZANTE SALON & SPA $ 10,000 STUDIO CREATE 1 $ 10,000 Repaid The repayment schedule for the loans doesn't begin until the 13t" month of the loan; the first six months of payments were deferred (principal and interest); the second six months of payments are interest only. The interest rate on the loans is 2.5%. We were recently notified by COIC that one of the Deschutes County loans had been paid off early in the amount of $10,000. Since early repayment was not originally discussed with the Board, staff is requesting Board direction regarding the repurposing of the repaid loan fund principal. Options: 1. Leave the funds with COIC for a similar COVID business support program to be determined with possible new forthcoming state/federal funding. 2. Return funds to Deschutes County to be repurposed at Board discretion. 3. Forgive the loan(s) and convert agreement(s) to grants. FISCAL IMPLICATIONS The fiscal implications depend on the option chosen. Option 1. No fiscal implication for option 1; however, at some point in the future the program will either continue to turn over repaid funds to new loans which may or may not be able to meet the original intent of the program (pandemic economic relief). Option 2. This option would require receiving and redistributing the funds which may require a budget adjustment. Option 3. In conversion from loan to grant, option 3 would eliminate the need for future loan tracking and would be consistent with CARES Act distributions made after this loan program was put in place. ATTENDANCE Greg Munn, Treasurer and Chief Financial Officer and David Givans, Internal Auditor. �0-( E S Co �L GZ o'E-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 February 3, 2021 DATE: January 25, 2021 FROM: Ed Keith, Natural Resources - Forestry, 541-322-7117 TITLE OF AGENDA ITEM: FireFree Dates for 2021 BACKGROUND AND POLICY IMPLICATIONS: The FireFree event is planned each year in coordination with Solid Waste and multiple partners involved with Project Wildfire. FireFree is both an effort to educate residents about the need to create and maintain defensible space, as well as an event to provide locations where the yard debris generated from creating defensible space can be disposed of free of charge in advance of wildfire season each year. This year staff proposes the following dates fnr r)cci-hjd,mc r minty cita.c• Knntt I gnrIfi1I 4ahirdav Mav 1 - Rijndav Mav 16. and transfer stations Saturday May 22 - Saturday June 5th. Once dates are finalized for County sites we will work with partners to coordinate non -County sites (e.g. Sunriver and West Bend)and move forward with promotion of the events. FISCAL IMPLICATIONS: Operational expenses are budgeted through the Solid Waste Department, coordination of the event with external partners, promotional printing and signage is budgeted through the Natural Resources Department. ATTENDANCE: Timm Schimke, Ed Keith, Boone Zimmerlee �01 ES CO o Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of February 3, 2021 DATE: January 27, 2021 FROM: Cynthia Smidt, Community Development, 541-317-3150 TITLE OF AGENDA ITEM: PUBLIC HEARING: Hwy 97 Campground Conditional Use and Site Plan Review Appeal 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 accepted review of the Hearings Officer's decision on November 30, 2020 via Order No. 2020-014. The Board is conducting a public hearing on February 3. 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: January 27, 2021 RE: Public Hearing on Appeal of Hearings Officer Decision on a Conditional Use and Site Plan review for a Campground (file 247-20-000206-A) The Board of County Commissioners (Board) will hold a public hearing to consider an appeal filed by the property owner, Shawn Kormondy. The appeal was submitted in response to a Deschutes County Hearings Officer's decision denying the applicant and owner's request for a private campground. File nos. 247-19-000361-CU, 247-19-000362-SP, 247-19-000363-LM, 247-19-000583-MA, and 247-19- 000879-MA). The Board accepted review of the Hearings Officer's decision on November 30, 2020 via nrriar Nn gnmn-nl4. Based on Order No. 2020-014, the appeal will be heard de novo. 1. APPLICABLE CRITERIA Title 22, Deschutes County Procedures Ordinance Chapter 22.20, Review of Land Use Applications Title 18, Deschutes County Zoning Ordinance Chapter 18.32, Multiple Use Agricultural Zone Chapter 18.84, Landscape Management Combining Zone Chapter 18.116, Supplementary Provisions Chapter 18.124, Site Plan Review Chapter 18.128, Conditional Uses Oregon Administrative Rules Chapter 333, Division 31, Operating Recreation Park Chapter 333, Division 61, Drinking Water Chapter 918, Division 650, Recreation Parks and Organizational Camps II. 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 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 %'� (541) 388-6575 @ cdd@deschutes .org @ www.deschutes.org/cd 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).' Refer to vicinity map below in Figure 1. Figure 1 - Vicinity Map FORT THCAIFSON LN Ff t+ Subject Property i f v SUZANNE LN/� 9(3jyF tYLN . t P `'0 BEND 17 Yr �y �F t The original proposal requested a 15-site campground with ten sites for tents, campers or trailers, and five for yurts.Z All 15 spaces are for overnight use. None of the campsites provide utility hook-ups, however. The campground identified 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 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 lower 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. 247-20-000206-A and 247-20-000788-MA Page 2 of 5 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. III. 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. Propose adequate sanitary facilities (also referred to as lavatories), which includes two hand washing stations as required in OAR 918-650-00500) (see also DCC 18.128.320(C)); 3. Demonstrate: a. There was adequate water available at the site to serve the campground (DCC 18.128.320(C)); b. Adequacy of the septic feasibility analysis; c. Lot coverage compliance (DCC 18.128.320(D)); and 4. These evidentiary deficiencies resulted in the Hearings Officer findings that several other criteria were also not met including the following: a. DCC 18.128.n15, 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 IV. 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. 247-20-000206-A and 247-20-000788-MA Page 3 of 5 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, the Hearings Officer's decision erroneously concluded "no lavatories have been proposed". V. MODIFICATION OF APPLICATION To allow the Board to review the above noted appeal and its relationship to showers, handwashing facilities, and adequate water supply, the applicant submitted a third Modification of Application, file no. 247-20-000788-MA, on November 23, 2020. Through this modification, the applicant addresses the Hearing Officer's concerns, which include the following: • Change the toilet (2-seater) building to a toilet/shower/lavatory building. • Additional details describing the scale of the proposed septic system necessary to treat VVaste..'ater from toilet/chnNer/la\iatnry facilities for the campground. • Additional details describing the scale of the scale of the water demand and water supply system for toilet/shower/lavatory facilities and other campground uses. VI. PUBLIC RECORD Since the Board's work session date of January 27, 2021, the items listed below have been submitted into the record. • Comments by Liz Fancher on behalf of neighboring property owner, Cramer Farms, dated January 26, 2021 (Attachment 1) VII. 150-DAY LAND USE CLOCK On November 30, 2020, the Board accepted review of the proposal (Board Order 2020-014), which included the November 23, 2020 submission of the third Modification of Application. Pursuant to DCC 22.20.055(B), a modification of an application restarts the 150-day land use clock. Based on Board Order 2020-014, this third modification of application restarts the 150-day land use review clock for the overall proposal. The 150th day on which the County must take final action on this application is April 22, 2021. 247-20-000206-A and 247-20-000788-MA Page 4 of 5 VIII. RECORD Background information on the record to date is available for inspection at the Planning Division and at the following link: https://diaI.deschutes.org/ReaI/DevelopmentDocs/1 13027. As noted above, the Board held a work session to consider whether to hear the matter during the November 30, 2020 meeting. Staff introduced the entire record at that time.3 During the November 30, 2020 meeting, staff made note of one document in the record - 2019-09-11 Hearing Info, Ex. E - that, although listed as a memorandum attachment, was not included in the electronic file due to technical issues.4 Therefore, it is included again as Attachment 2. Staff introduced additional information submitted with the Modification of Application, file 247-20- 000788-MA during the Board's January 27, 2021 work session.' However, the supplemental application materials provided at that meeting included incorrect and/or incomplete information.6 In order to provide the Board with a corrected version in its entirety, those documents are included with this memorandum as Attachments 3 - 6. IX. NEXT STEPS At the conclusion of the public hearing, the Board can consider the following options: 1. Close the public hearing and written record, and begin deliberations; 2. Close the public hearing and leave the written record open to a date certain; or 3. Continue the public hearing a g o a date certain. Attachments: 1. 2021-01-26 L. Fancher (Cramer Farms) Comments 2. 2019-09-11 Hearing Info, Ex. E' 3. 2020-11-30 Application Materials Supplemental Cover Letter & BOP 20-788-MA 4. 2020-11-24 Application Materials Supplemental Septic System Information 20-788-MA 5. 2020-11-24 Application Materials Supplemental Water Supply Information 20-788-MA 6. 2020-11-23 Application Materials Supplemental Site Plan 20-788-MA 3 November 30, 2020 Board Meeting: https://deschutescountyor.iqm2.com/Citizens/Detail Meeting.aspx?ID=2610 4 The document was included in the each Board binder for the project, however. 5 January 27, 2021 Board Meeting: https://deschutescountyor.iqm2.com/Citizens/Detail Meeting.aspx?ID=2673 6 The information in the Board binder is correct while those documents provided electronically for the January 27 meeting was not. Board binder document number 33 247-20-000206-A and 247-20-000788-MA Page 5 of 5 Cynthia Smidt From: Sent: To: Cc: Subject: Attachments: [EXTERNAL EMAIL] Cynthia: Liz Fancher <liz@lizfancher.com> Tuesday, January 26, 2021 3:36 PM Cynthia Smidt Aaron Lafky Comments re Appeal of Denial of Kormondy Letter to BOCC Cramer Farms 2021-01-26.pdf Would you please include the attached letter and its attachment in the record of the Kormondy Campground land use applications referenced by the letter? I'll deliver a printed copy of the document to CDD as it includes color photos and illustrations. Thank you, Liz (Fancher Liz Fancher, Attorney 2465 NW Sacagawea Ln Bend, OR 97703 541-385-3067 (telephone) CONFIDENTIALITY NOTICE: The information contained in this electronic mail transmission is confidential. This information is intended for the exclusive use of the addressee(s). If you are not the intended recipient, please notify the sender immediately by return email and you are hereby notified that any use, disclosure, dissemination, distribution (other than to the addressee(s)), copying or taking of any action because of this information is strictly prohibited. LIZ FANCREIR, ArrOZNEIY January 26, 2021 BOARD OF COMMISSIONERS C/O CYNTHIA SMIDT DESCHUTES COUNTY CDD 117 NW LAFAYETTE AVENUE BEND, OR 97703 Hand delivered and delivered by e-mail Re: 247-20-000206-A/247-20-000788-MA, Kormondy Campground Appeal I am writing on behalf of Cramer Farms, LLC. Cramer Farms owns a number of residential properties south of and adjoining the proposed Kormondy Campground. My client continues to oppose approval of the campground due to its poor design. The design places the only bathroom for sixty campers, the outdoor gathering area (gazebo) and many camping spaces in a location on the Kormondy property that will have the greatest negative impact on residents of the Cramer Farms property. My client stands by all of the arguments it presented to the hearings officer below. It disagrees with the hearings officer's resolution of those issues with the exception of the restroom and shower issues. We have prepared a short summary of key issues we've raised below. A copy is enclosed for your review. Thank you for your anticipated consideration of our concerns. Sincerely, Lilk Fanchar Liz Fancher Attorney for Cramer Farms, LLC 2465 NW SACAGAWEA LANE • BEND, OREGON • 97703 PHONE: 541-385-3067 I. COMPATIBILITY STANDARDS NOT MET DCC 18.128.015, General Standards Governing Conditional Uses B. The proposed use shall be compatible with existing and projected uses on surrounding properties based on the factors listed in DCC 18.128.015(A). The use proposed is not compatible with the existing residential use of the Cramer Farms properties that adjoins the south boundary of the campground based on factor (1) of DCC 18.128.015(A) — "site, design and operating characteristics of the use." The applicant has chosen to site the bathroom almost due north of and about 150 feet from the closest residence on the Cramer Farms properties. The same is true for a group of five camping spaces. The plan also locates the gazebo - the primary gathering area for the campground — only a bit further away from the Cramer Farms residence. The noise associated with these uses and the allowance of sixty persons and a caretaker family on a substandard (less than 10 acre) property are not compatible with the existing single-family development of the area. X JSED ?EBO;' IC;11i'M NOTES FORS:, D ETAI LS), 1UH 1 51'IICLUINU MINUC tECLAIMED JUNIPER) EXISTIN, UTILITY The Cramer Farms single-family residence is located in the bottom center of the above photo/site plan. Page 1— Comments by Cramer Farms/247-20-000206-A The site also includes an existing pond that is very close to the Cramer Farms property. The applicant's initial plan proposed a pathway to the pond. The applicant has refused to prevent campers from accessing the pond and using it as a campground amenity and gathering area. Any use of the pond by the campers is clearly incompatible with the adjoining residential use of the Cramer Farms property. REQUIRED SPACING BETWEEN CAMPSITES NOT PROVIDED OAR 918-650-055(1), Special Rules for Overnight Campgrounds (1) Spacing. Each camping space must be large enough to accommodate the designated class of recreational vehicle or tent and be located a minimum of ten feet from any other camping space, building or building appurtenance or any boundary line abutting upon a public street or highway, and five feet from any property line. The space area must be designed to minimize the obstruction of any public or private roadway or walkway by vehicles or tents. The campground spaces shown on the revised site plan do not comply with the 10' separation requirement between spaces. The applicant's claim to the hearings officer that they do is specious. As clearly shown by Sheet C-03 of the applicant's December 2019 site plan, the required spacing is not achieved by the site plan:' co As is evident from the plan, there is zero separation between (from left to right, top row) Spaces S5, S4, Y3, S3, Y2 and S2. A separation of approximately one or two feet is provided between Spaces S2, Y1 and S1. A similar spacing of about one to two feet is provided between Spaces S-8, Y-4, S-9 and S-10 (bottom row, left to right). The spacing provided between Spaces S-6, S-7 and S-8 is also narrower than 10 feet.' The hearings officer's decision requires compliance with the 10-foot spacing rule in Condition Q of her decision. This is not adequate, however, because the problem cannot be fixed without revising the site plan yet again. A revised plan will have different visual and noise impacts than those assessed by the hearings officer and the applicant's sound engineer. If the plan is revised, Cramer Farms is legally entitled to participate review of the revised site plan. Gould v. Deschutes County, 216, Or App 150, 171 1 A new Sheet C-03 does not appear to have been included as a part of the November 2020 revised site plan. The revised site plan appears to leave the spaces in the same locations. ' The road is 20'-wide. The distance to centerline of the road is 10 feet. Compare this width to width of spaces between camp spaces. Page 2 — Comments by Cramer Farms/247-20-000206-A P3d 1017 (2007); Schrepel v. Yamhill County,_ Or LUBA_ (LUBA No. 2020-066/-067, 12/30/2020) (review of type of fencing to be provided may not be deferred without input from opponents); Gould v. Deschutes County, _ Or LUBA,_ (LUBA No. 2018-140, June 21, 2019). The plan must also be revised so that the parking space for Space S2 is located wholly within the boundaries of that space. 111. PAVED ROADWAYS AND ADDITIONAL, PAVED PATHWAYS REQUIRED DCC 18.128.320(D)(5) 5. Roadways shall be improved with an all-weather, dustless surface. The applicant is proposing a gravel roadway. The roadway must be paved in order to comply with this code criterion. Gravel roads are not "dustless." According to the US Department of Transportation's 2000 publication Gravel Roads, Maintenance and Design Manual "[a]II gravel roads will give off dust under traffic. After all, they are unpaved roads that typically serve a low volume of traffic, and dust is usually an inherent problem. *** Virtually all methods of dust control require annual treatment." Page 51, attached. The applicant understands that its gravel road will generate dust and, therefore, that does not comply with the "dustless surface" requirement. The applicant's November 2020 burden of proof acknowledges, on page 5, that the road will generate dust but that it will "keep dust to a minimum." The applicant claims dust will not migrate to neighboring properties due in part to intervening vegetation. The subject property has, however, been denuded of this vegetation (shrubs, lower branches on trees, grass, etc.) by goats. The gravel roadway also must also be paved to comply with the Oregon Fire Code D102.1, 503.2.4. It requires that the access roadway be "surfaced (asphalt, concrete or other approved driving surface) to provide all weather driving capabilities" for fire apparatus (60,000 pounds GVW). To the best of our knowledge, no other driving surface has been approved by the serving fire district. DCC 18.124.070(C)(2), Pedestrian Access and Circulation a. internal pedestrian circulation shall be provided in new commercial *** developments through the clustering of buildings, construction of hard surfaced walkway and similar techniques.3 The site plan includes at least three buildings that are associated with the campground use: (1) the caretaker's house (with adjoining trash disposal area); and (2) the restroom building; and (3) the gazebo.4 These buildings are not clustered. The construction of hard surfaced walkways is required but there is no room for pathways on site, as designed. 3 Deschutes County classifies campgrounds as commercial developments and applied that in its decision denying approval of the Mazamas Campground adjacent to Smith Rock State Park. 4 DCC 18.04.030, Building says that the term "building" means a structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. The applicant has not provided gazebo plans but it is fair to assume the gazebo will provide a roof and a supporting structure that will provide shelter for campers. Page 3 — Comments by Cramer Farms/247-20-000206-A b. Pedestrian walkways shall connect building entrances to one another *** The applicant's site plan fails to provide walkways between buildings. The applicant's November 2020 burden of proof claims there are no buildings on the property that require a connection. This is clearly not correct as the site includes at least three campground -related buildings. C. Walkways shall be at least five feet in paved unobstructed width. *** Walkways shall be as direct as possible. The code clearly requires paved walkways — an amenity not provided by the applicant's site plan. IV. DEVELOPED PORTIONS OF CAMPGROUND ARE LOCATED WITHIN 100 FEET OF A PROPERTY LINE DCC 18.128.320(D)(10)(b) b. No developed portion of a campground shall be located within 100 feet of *** property line of a lot not part of the campground. The following developed portions of Campground are located in the 100' setback area: • Caretaker's residence (a part of the building is within 100' of the property line) • Well house and cistern used by house and campground for water supply • "Existing Utility Building" added to property around Summer 2020 without permits —this hiiilding is described as a music room in Countv building permit records • Septic drain fields • Pond (unless fenced to prevent use as a gathering spot by campers) These developed portions of the campground are circled in red on the following revised site plan. 555y v� -77 5EFT Sepgq �iinfied 1)' )I Mi 4 VK T d F * 6e a � p w � '� r'27n'r iv � / .r .i •� lRiS TE C �r�. EXIStIND PDND a.. R' \ F 4 / t#yi:: _ t o- l' iE P .0 ..x .-�-.� '� i i'� Lc �••'r' .+4' ] � PS��i SB9'S8'34T tt5&ti Page 4 — Comments by Cramer Farms/247-20-000206-A The applicant's claim that campsites and parking spaces are the only "developed portion" of the campground subject to this rule is not plausible. The fact that campsites and parking spaces, as well as campground buildings, must meet MUA-10 zoning rules due to DCC 18.128.320(10)(a) does not mean that all developed parts of the campground do not need to comply with the 100' setback. The fact that septic drain fields are not structures is irrelevant because the code prohibits any "developed portion" of the campground — not structures — from being located in the 100' required buffer area. IV. LANDSCAPE PRESERVATION DCC 18.124.060(B) B. The landscape and existing topography shall be preserved to the greatest extent possible, considering development constraints and suitability of the landscape and topography. Preserved trees and shrubs shall be protected. 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. The applicant submitted photographs of the existing vegetation and promised to retain it to provide screening between the Cramer Farms properties and the campground. The applicant claimed in November 2020 that setbacks and the "retained vegetation provide sufficient screening from adjacent uses as shown in the pictures of the property." The photographs, however, no longer depict the condition of the property. Since the photos referred to by the applicant's attorney were taken, the applicant purchased goats that have removed a substantial amount of the existing vegetation in the 100-foot buffer area. Given the applicant's choice to remove this screening vegetation, it no longer acts to provide the required transition. Other more permanent screening, such as solid fencing or landscaped berms, are now needed to provide the required transition and privacy between the campground and the Cramer Farms residential property. DCC 18.128.320(D)(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. While this application was pending, the applicant removed a significant amount of natural vegetation from open space areas shown on the site plan in violation of this code requirement. This shows it is highly unlikely the applicant will operate the campground as promised in the land use application. Additionally, the revised site plan shows that only a very small part of the property will be retained with natural vegetation (areas shown in green on November 2020 site plan). V. COMPLIANCE WITH CONDITIONS OF APPROVAL AND CODE IS UNLIKELY The applicant has a history of violating the County. In addition to renting the house on the property, he and/or friends and family camp on the property. This occurred for an extended period of time in 2019 while the County was reviewing the campground application. It occurred again in the Summer of 2020. In 2020, a hole was punched in the boundary fence between the Cramer Farms property and the Kormondy property. Kormondy or others established a campsite and accessory building/music room (per County records) adjacent to the Cramer Farms property line. The residents of the trailer used the Cramer Farms driveway to access the campsite. This was done without land use permits or LM zone Page 5 — Comments by Cramer Farms/247-20-000206-A review. This building is located in the 100-foot yard and in the 20-foot yard required by the MUA-10 zoning district. This action is inconsistent with Condition EE of the hearings officer's decision which requires the applicant to maintain the existing fencing on the south boundary in its current condition and to maintain the fence "to prevent trespass to property not under the control of the campground owner." This condition was imposed to achieve compliance with DCC 18.128.320 (D)(6) that says: 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 no under the control of the campground owner. Given this blatant trespass and destruction of required fencing, it is clear the applicant will be incapable of operating a campground in compliance with the County's code and State regulations — something that is essential to making this high intensity use (60 campers plus one caretaker family) "compatible with existing *** uses on surrounding properties" as required by DCC 18.128.015(B). Page 6 — Comments by Cramer Farms/247-20-000206-A x z ol o w � 0 � z z z 5 F 0 I- ' w xwo z w w 0 0 0 0 J07 NCID;jHo'AINnooS3lnH0S30 6LOZ/60 83AOD ---------- MnT-Tn 0 NO D 3 9 L6,&MH N L90179 ----------- MINONHON NMVHS U) Z Z z 0 UJ C) C�, rn T C) aa. (5 Z C\l >- o LLJ CC < Llj z o :E 0 Lu z (1) o ui LU z > CL rn x 0 w ui 3: --. 2 0 CA�< o U) - ui w LLJ 0 �e U) z n 0 0 Bey NO!AIJO,A1NnoD s3unHOSRQ _NVId 311S A8VNIWil3Nd111. 61 R/60/60 " n q n .- AMH N 190ti9 ----z c 3N Ci f 0L6 MINOMON NMVHS NOE)3Ho *AiNnoa 3-MHOS30 M4160160 iss NVId InoAVl 311SdWd0 i^ L6 AMH N Mth9 ,; , n . _pp. wN.rn,7v. u.. e✓N4/.J Q .__�74T-!-7'" 4 H 4 U O u AGNOVYUON NMNHS € n oas � 1 I1 i I_ 1_ .1 n� �1 v kfw 44 1 I 1_ i 1 J I ( 1 1 I ' 1 1 1 I�g�I I _.,_....._...__—.—\4 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;2) 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: November 18, 2020 (Replaces all prior 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 rnmhininu (I M) 7onP. 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; c. Chapter 18.128.015 General Standards Governing Conditional Uses & 18.128.320 Campgrounds; d. Chapter 18.84 Landscape Management Combining (LM) Zone; and e. Chapter 18.116 Supplemental Provisions for Clear Vision Areas (.020), Off- street Parking and loading (.030) & Bicycle Parking (.036). f. OAR 333, Division 31 Operating Recreation Park and Division 61 Drinking Water { 19400001-012 7 5 83 2; 2 } g. OAR 918, Division 650 Recreation Parks and Organizational Camps 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 to toilet design 11/18/2020) 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 concerns 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 additional findings and with the findings presented after the applicable standards discussed further in this 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 campground, consisting of access road with vehicle turnaround, campsite parking pads, yurt parking pads with footpaths to yurts, trail -to -canyon, tent areas, gazebo/social gathering area, trash receiving area, toilets, and the ADA yurt paved parking and 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. 1 The revised site plan shows a septic system and location of drain fields. {19400001-01275832;2} 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} 3 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 initial portion of the road using the existing driveway and access that currently serves the existing residence. Both uses will use the same access. The access road from the highway to the turn -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" under 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 campground, it is not visible to adjacent properties and thus sufficiently screened from neighboring 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 full text of ORS 455.680 regarding plan approval and permits from Oregon Department of Consumer and Business Services (CBS) and from Oregon Health Authority (OHA) that are needed prior to construction of campground. A copy OAR 918, Division 650 regarding minimum standards relating to campground under state rules was also included. As also requested by CDD, the applicant has included and addressed all applicable standards in OAR 918-650 below. {19400001-01275832;2} 4 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 4th 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. 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 {19400001-01275832;2} 5 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 commercial farming for diversified or part-time agricultural uses; to conserve forestlands for forest uses; 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 proposed campground. Currently, Swalley 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.Z 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. 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 2 Piping of this smaller open canal is currently not in the works as it is not part of the districts' main canal. {19400001-01275832;2} 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 same 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 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 {19400001-01275832;2} 7 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 not 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 friendly 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 camp sites and 5 yurts. A toilet (two-seater) will be provided well within 500-feet of all 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. No building or structure shall 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. 18.32.050 Yards 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 {19400001-01275832;2} 8 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 no case having a contour interval greater than 10 feet. 14. Signs. {19400001-01275832;2} 9 15. Public improvements. 16. Drainfield locations. 1Z 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 and after construction. 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 views and 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 and existing rock features located on the subject property, which are the primary draw to the property. The size and location of the proposed use, in the center of the property, eliminates or minimizes the view from the 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 disharmony than other uses in the MUA-10 Zone such as dog kennels, exploration for minerals, {19400001-01275832;2} 10 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 proposed campground or its construction. This is because of the small amount of ground disturbance {19400001-01275832;2} 11 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 DCC. 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 5 yurt 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 removal and ground disturbance impacts to the site and neighboring properties. 3 For the 15th space (Yurt #5) the parking and toilet access will be paved. {19400001-01275832;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;2} 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 B.1, Required Landscaping: More than 1S% 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 family 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, multifamily, public or park use. c. Walkways shall be at least five feet in paved unobstructed width. Walkways which border parking spaces shall be at least seven feet wide unless concrete bumpers or curbing and landscaping or other similar improvements are provided which prevent parked vehicles from obstructing the walkway. {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-C): 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. {19400001-01275832;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, but denied because no showers were proposed and without sufficient information that the proposed drain field is of adequate sized. Applicant has proposed showers, 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 any 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 of 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 for outdoor recreation compatible with the natural setting of the area" including hiking and rock -climbing. The campground facility has been carefully placed near and amongst some of the rock features present on the property. The 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;2} 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 #: 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 behalf of the state. 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 possible. The proposed gravel (and one paved) paths to yurts, roadway, structures, 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;2} 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. {19400001-01275832;2} 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 center of the 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 west, 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 Response: None of the 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 MLIA 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;2} 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 of the assessed value of the structure. 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 visible 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;21 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 vurts and eazebo 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;2} 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 all 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. {19400001-01275832;2} 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 approximately 350 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 requirements and imposed conditions of approval, 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;2} 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 provided, the owner will install an approved angle jet 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 same 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 be connected to a septic system that will comply with all DEQ standards and is of sufficient capacity to meet the needs of the proposed use. {19400001-01275832;2} 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 L-11 IIVIII/IGII- GK 1-Y, (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 regulations 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 required to determine that the toilets 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); (e) 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 Petroleum Gas (LPG) tanks and gas lines. (c) Park Topography. Park topography must be shown in the area of work when any existing grade or slope exceeds five 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 �_______ d al... • existing trance to the residence and nronosed camnornund will hp c�earancC ai�u Inc exi$aing access en�•a..., a a.._ 1- -r-^- 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;2} 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. (8) Screens. All openings, except doors with self -closing devices, into the outer air of permanent kitchens, 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 accommodate. Containers may be grouped. 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, must be 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; /, l C':,..,,. 7, ;I +, . rl- o;*hor ho mnrlrori Mr tho rlocinnnt,-d sex or he provided with a privacy lock. If not 11.1.nyna. ivncu ���u��.,�.,. -1 J— ...- __ � _ -- -- - -- - - -- . 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;2} 35 OAR 918-650-0065 Temporary Recreation Parks Applicant's Response: The applicant is not proposing a temporary park. This rule does not apply. 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 terrain Harris Way N/A Hwy 97 / directly Highway Highway 340+ feet from R/W Proposed use meets LM Zone east arterial arterial Size of Study Area Sufficient For the reasons described below, including increased distances between uses, topography and 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). _ 331' letter from C.nn ffer. th applicant to other cases. In the .r..ounty, ^ne in nlyino a The May �l ICt�CI from �..1/v relcl � the app�la.a�.a av va �, � ••p •- 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 noise sensitive uses. A noise study was performed and is included as attachment to address potential noise impacts and whether any mitigation measures 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 B, below, includes {19400001-01275832;21 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 1712040000SOS 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 1712U4000050i 16.16 ac / West Resiuence `20 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 171209AO01000 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;2j 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 64134 N Hwy 97 1712030000100 1.14 ac / Residence 1,807 feet from Property is located on the opposite Northeast and residence side of Highway 97 from project. accessory structure 64130 N Hwy 97 1712030000108 4.61 ac / Storage Residence 1,584 feet from SW Property is located on the opposite Northeast buildings corner of Tax Lot 108 side of Highway 97 from project. 1712030000107 1.72 ac / Residence 2,210 feet from Property is located on the opposite 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 & 30000800), located on the north 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 county - 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 Expanded Study Area Total from Both Study Areas Existing Residences 7 14 21 Other Existing Uses Kennel, accessory structures MH Park, Taxidermy, vehicle NA and highway R/W storage, and accessory structures Projected Residences 3 6 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 I 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;21 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 mail, restaurants, road services, and high -density residential development, and would most likely {19400001-01275832;2} 41 result an expansion of the UGB. 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 factors to consider and further support this conclusion: 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 Screening Factor: Partial 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). 6 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;2} 42 S. 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 actine as a catalvst 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 vl-� BECON, LLC BECONCivil Engineering and Land Surveying 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: ThThe site ;� —A by nne cantir tank 1 nnn anllnm in size The original tank was installed in 2014. The e Jl LV is -. ,.. v� say ,——— �, »....__.. --- 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 Rosy€Test c Ranch rr€ds Omlp Septic Tank Sizing Criteria: Septic Afteraflans 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 = 3,000 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 areas of the subject property to determine septic feasibility. Deschutes County issued Commercial Septic Site Approval 11/07/2019 (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 ;c to remain in plane ac e.nrrently filnctinning_ If you have further questions please contact me. Sincerely, Erik Huffman, PE, PLS (541) 633-3140 ehuffman@beconeng.com Attachments: A) Water Use in Forest Service Recreation Areas: Guidelines for Water System Designers (Kathleen Snodgrass. USFS. September 2007). Page 12 BECON United States Department of Agriculture Forest Service Technology & Development Program mw Technology & Development Center September 2007 7100 0773-2326-MTDC Privacy I Legal Engineering Pubs Search Pubs Water Use in Forest Service Recreation Areas: Guidelines for Water System Designers Kathleen Snodgrass, Project Leader During the summer of 2005, data about water use and recreation visitation were gathered at Forest Service campgrounds (figure 1) and dayuse recreation areas throughout the country to answer the questions: • Has the amount of water each person uses when visiting national forest recreation areas changed in the last 30 years? • Are our recreation water systems sized to provide the amount of water forest visitors need? Dci-rcntir%n i iem and nh imhinn fixti irac haves channPri a Int in the last 30 years. More people now a..� ML.v.. --- u..... F,,.,.....,...y -.-. ..�.__ _..�..Z7-- — --- -- —-- -- -- - - . camp in recreational vehicles (RVs) and trailers than in tents. Most RVs and trailers are almost twice as big as during the 1970s, and almost all RVs and trailers now contain bathrooms. Standard plumbing fixtures use only half as much water as they did during the 1970s. Figure 1—Water is supplied at several faucets, but not in restrooms, at Sunshine Campground in the Norwood District of the Grand Mesa -Uncompahgre -Gunnison National Forests in the Rocky Mountain Region. Highlights • Recreation use patterns have changed a lot in the last 30 years, but Forest Service design guidelines for sizing water systems have remained the same. • Forest Service water systems need to be designed and constructed to provide visitors the amount of water they need. Water systems that are larger than necessary cost more and don't benefit visitors. • An informal survey showed that water use appears to be lower than it used to be in more developed campgrounds, but appears to be higher than it used to be in less developed campgrounds. Despite these changes, the Forest Service is still using guidance for sizing water systems from the 197Os—the Forest Service Handbook 7409.11 , Section 44.11-Exhibit 01, Average Daily Design Flow (excerpted in table 1). The table lists average daily design flows used when designing water supply systems for Forest Service recreation areas. It's important that the design flow table match actual water -use rates so Forest Service water systems can be designed and constructed to provide the amount of water that is needed without spending extra money for water systems that are larger than necessary. Data were collected to find out whether standard water -use rates for recreation areas have changed as a result of recreation and plumbing fixture changes and whether the table should be updated. Tnhiu 7 Cnrnctt cnrvira Idanrlhnnk 74A9.11 _ Section 44.11-Exhibit 01 (recreation information only). Average Daily Design Flow Consumer Use Consumption in gallons per day Unit Camping Facility Without flush toilets 5 PAOT* With flush toilets 20-30 PAOT* With flush toilets and showers 25-50 PAOT* Trailer with — 25 PAOT* Water connection Water and sewer connection 50 PAOT* Day use Without flush toilets 1 Person With flush toilets 5 Person With toilets and showers 20 Person Travel Trailer Dump Station 20-30 Trailer Miscellaneous Organization camp 35-75 Person *PAOT—Persons At One Time. The average daily demand should be computed as a summation of the products of individual system users and their respective per capita daily consumption. Collecting Data Managers at a wide range of Forest Service recreation areas with drinking water systems were asked whether they would volunteer to collect data for the study. Recreation areas that supply water with hand pumps were not included in the study because there's no convenient way to meter water use. Initially, managers at 67 recreation areas volunteered to collect information during the 2005 use season. Due to a variety of difficulties, such as winter storms, contractor delays, and miscommunication, information was collected monthly or more frequently at only 41 recreation areas. Yearly average data from 2004 was supplied for eight additional recreation areas. The initial request for volunteers said that recreation areas would not be included in the study unless water meters had already been installed. Because some provinces were underrepresented or not represented at all, the project paid for water meters to be installed at four locations. The author suspected there might be some differences in water use in different parts of the country based on cultural patterns and weather. The Built Environment Image Guide for the National Forests and Grasslands" (BEIG) includes a system of eight provinces (figure 2) that provides a handy method of sorting recreation areas into groups with similar ecological and cultural characteristics. Volunteer data collectors were sought in each of the eight BEIG provinces, including the tropical El Yunque National Forest in Puerto Rico (part of the Southeast Coastal Province). Figure 2—This map shows the general boundaries of the eight Built Environment Image Guide provinces. Table 2 shows the number of forests and recreation areas where data were collected in each province. Unfortunately, we were unable to collect data in the Northeast Province. Since the average daily design flow table showed different rates for recreation areas with different uses and development levels, each area was placed into one or more categories as shown in table 3. The size of campgrounds and day -use areas varied from 8 to 382 individual camping or day -use sites, but most campgrounds and day -use areas had between 20 and 80 individual sites. No data were collected in categories C-4 and V-2. Table 26Data collection sites. BEIG Province Number of Forests Number of Areas Northeast 0 0 Southeast Mountain 1 3 Southeast Coastal 2 7 Tropical 1 2 Lakes 2 6 Great Plains/Prairie 2 2 Rocky Mountain 10 19 North Pacific 3 8 Southwest 2 2 T=hla 'AAPgarraatinn city ilce cateanries. Designation Description C-1 Camping: pit, composting, or vault toilets C-2 Camping: flush toilets C-3 Camping: flush toilets and showers C-4 Camping: water connections at individual sites (no sewer) C-5 Camping: water and sewer connections at individual sites D-1 Day use: pit, composting, or vault toilets D-2 Day use: flush toilets D-3 Day use: flush toilets and showers RV-1 Wastewater dump station V-1 Visitor center: flush toilets V-2 Visitor center: pit or vault toilets 0-1 Organization camp: flush toilets, showers, kitchens The author expected that water use would vary during the year. If that occurred, water system designers would need to know when the most water was used per person, the maximum water use per person, and the seasonal average water use to size systems appropriately. Water meters were read at least monthly to capture seasonal variations in water use. For this study, it was critical that water use and visitor counts covered the exact same time periods. For instance, if visitors were only counted Thursday, Friday, Saturday, and Sunday each week, the water meter hari to hp read at the beginning of the day on Thursday and at the end of the day on Sunday so the meter reading would reflect only the amount of water used by the visitors who were counted. Visitors were counted every day at most of the recreation areas, so water meter readings could be obtained weekly or monthly and still accurately show the amount of water used by the visitors who were counted. Water use was tracked monthly at most recreation areas, but 15 recreation areas tracked water use daily and another 7 recreation areas tracked water use weekly, as shown in table 4. That information may be helpful to those designing water systems where peak water use is critical. Because the file is large and is likely to be useful to only a few people, it is not included in this tech tip or posted on the Web. It is available from the author. Table 4 Recreation areas tracking water use and visitors daily and weel Daily I I Weekly Category Name Province D-2 Palma De Sierra Southeast Coastal (Tropical) D-2 Palo Colorado Southeast Coastal (Tropical) C3/D3/RV1 Chippewa Lakes C3/D3/RV1 Wanaki Lakes C3/D3/RV1 Norway Beach Lakes C3/D3/RV1 Cass Lake Lakes C-2/RV-1 Quartz Creek North Pacific C1/D1/RV1 Russian River North Pacific C-1 Taneum North Pacific C-1 Mineral Springs North Pacific Category Name Province C-2 Oreville Rocky Mountain C-1 Horsethief Rocky Mountain C-1 Grizzly Bear Rocky Mountain C-1 Pactola Rocky Mountain C-1 Whitetail Rocky Mountain C-1 Baumgartner Rocky Mountain C-1 Lee Creek Rocky Mountain C-1 Crystal Springs North Pacific C-2 Salmon La Sac North Pacific C-2/D-2 Lake Kachess North Pacific C-1 Woodbine Great Plains/Prairie C-2 I Field Tract I Southwest A very simple water- and visitor -use tracking sheet was provided to the volunteers, but they were free to use whatever method of recording data was most convenient. Most information was recorded on the tracking sheet, but some recreation areas had existing tracking methods and continued to use them during the study. The volunteers were instructed to record the dates, water meter readings, and visitor counts. They were also asked to note anything that would cause more water to be used than usual, such as flushing the system or a break in a water line. Some locations used actual nose counts of visitors, but many locations just counted the number of occupied individual campsites or day -use sites and multiplied by a predetermined average number of occupants per site to get an estimate of the number of people at the location at one time (PAOT). Because these PAOT ratios have been developed based on actual visitor numbers over time, they are reasonably accurate. Results As data began to flow in from the volunteers, a spreadsheet was created showing recreation area categories, number of individual campsites or day -use sites at each area, host information, and the water- and visitor -use data reported for each area. The spreadsheet is available from the author or the Forest Service's internal Web site at http://fsweb.wo.fs.ed.us/engZprograms/water/documents/excel/wateruse.xls. The spreadsheet includes worksheets showing background data for all recreation areas studied, monthly data for those recreation areas that tracked water and visitor use, monthly data organized by province, and monthly data organized by use category. The spreadsheet contains more detailed information than is presented in this tech tip. Three campgrounds had unusually high water use. One campground included a horse washing station. At another campground, a timer flushed the toilets and urinals automatically. The host at the third campground routinely ran a lot of water to flush the system. Data from those three campgrounds are not included in the summary tables presented in this tech tip, but are included in the complete spreadsheet. Figure 3 shows the yearly average water use in gallons per visitor day for all the recreation areas included in this study. It may be helpful to refer to this figure while considering the use patterns explained below. F Seasonal Average 0 L7 _ 0 r c� 61 Ci t imira '4—ThA wvPranP_ use of water ner visitor day at different types of Forest Service recreation areas. Use Patterns by Month As expected, the amount of water used per visitor day did vary over the season, but the variation differed depending on the province. Table 5 shows general trends in the various provinces. The timing of the peak use during the season is probably not very important except in locations where there is a big difference between peak use and average use, especially if less water is available during the time of peak use. 'r I%! Ctlnemir ernnthc fnr wmtor aces anA vicitatinn_ Province reaii month for water use/visitor ecoiid highest month mean .:.oith fvC number of visitors �atiC ^+f no�4 r,,.,... to average use Southeast Mountain No data —only yearly averages reported Southeast Coastal October August June/July 1.7 Tropical May June July 1.3 Lakes July August July 1.2 Great Plains/Prairie August July July 2.0 Rocky Mountain -North June/Sept August July/August 1.7 Rocky Mountain -South June August July/August 2.0 North Pacific -WA No pattern No pattern August 1.3 North Pacific -AK No pattern No pattern July 1.7 Southwest July August June 1.3 Water Use at Recreation Areas With Hosts Each volunteer recreation area submitted information regarding the presence or absence of a host and the utility connections that were provided at the host's site, if any. The presence or absence of a host or differences in host site utility connections didn't seem to make any significant difference in the average water use in gallons per visitor day for campgrounds. The presence of a host may increase water use per PAOT at day -use sites. There was only one day -use site that reported an onsite host, so the data are not conclusive. Use Patterns by Development Category The person who proposed the project suspected that campers now draw less water at Forest Service campgrounds than when the average daily design flow table was assembled. That's because more campers have self-contained trailers and recreational vehicles, and fewer persons are camping in tents. Interestingly, water use does seem to be lower than it used to be in more developed campgrounds, but it seems to be higher than it used to be in less developed campgrounds. As an example, water use at 15 of the 19 campgrounds with pit or vault toilets (C-1) was higher during the peak use month than the 5 gallons per PAOT shown in the average daily design flow table. Half of the campgrounds had more than 10 gallons of water used per PAOT in their peak month. Seasonal average use varied from 1.4 gallons per PAOT to 14.7 gallons per PAOT. The design flow shown on the average daily design flow table should probably be at least doubled to 10 gallons per PAOT for campgrounds without flush toilets. In contrast, the four campgrounds with individual water and sewer connections (C-5, figure 4) had much lower water use than the 50 gallons per PAOT shown in the average daily design flow table. Seasonal water use averages ranged from 11 .5 to 25.9 gallons per PAOT. The highest monthly peak water use was 30.1 gallons per PAOT. The design flow can probably be reduced from 50 to 30 gallons per PAOT for campgrounds with individual water and sewer connections. Figure 4—Campers who use large trailers often prefer campsites with individual water and sewer connections. The eight campgrounds with flush toilets but no showers or water and sewer hookups at individual campsites (C-2) had average seasonal water use ranging from 3.8 to 33.8 gallons per PAOT. The average daily design flow table suggests design flows of 20 to 30 gallons per PAOT. The only campground that recorded peak month use over 30 gallons per PAOT has an old, possibly leaky, water system. Two campgrounds experienced yearly average use under 10 gallons per PAOT. The yearly average and peak monthly use at the other five campgrounds was within the range shown on the average daily design flow table. The use rate shown in the average daily design flow table seems to be about right for this category. The water systems of all but one of the six campgrounds with flush toilets and showers but no water and sewer hookups at individual campsites (C-3) also included dayuse areas, wastewater dump stations, and/or small visitor centers. All campgrounds showed seasonal average water use of between 19.2 and 33.2 gallons per PAOT. Use during the peak month ranged from 23.3 to 39.3 gallons per PAOT, less than the 25 to 50 gallons per PAOT shown on the average daily design flow table. That range could probably be reduced to 20 to 40 gallons per PAOT. Seasonal average water use at the only day -use area without flush toilets (D-1) that had its own water system was 0.2 gallons per PAOT. Hikers may bring their own water to this very high -use trailhead. No conclusions on use rates for this type of recreation area should be drawn from the limited data in this survey. The average daily design flow table recommends allowing 1 gallon per PAOT at this type of recreation area. Water use varied significantly at the three day -use areas with flush toilets (D-2) that had their own water systems. The water use at day -use areas in the tropical rain forest in Puerto Rico ranged from 2 to 5.6 gallons per PAOT and averaged 3 gallons per PAOT. This use rate is very close to the 5 gallons per PAOT shown on the average daily design flow table. The other day -use area with flush toilets —at an and location in New Mexico —experienced a seasonal average of 19.6 gallons per PAOT. It is likely that people did use water at a higher rate at the day -use area in New Mexico. However, the water system was also used for irrigation, and there was no way to tell how much water was used for plants and how much was used by visitors. The rate shown on the average daily design flow table is probably reasonable for this category. Although nine recreation areas included in this study had wastewater dump stations (RV-1), only one of them had a separate meter for the dump station. The vehicles visiting that facility used an average of 36 gallons each. That's a little higher than the 20 to 30 gallons shown on the average daily design flow table, but is probably more representative of the larger tanks on newer recreational vehicles and trailers. The table should probably be changed to show 30 to 40 gallons per vehicle. One recreation area in the study included an organization camp (0-1) that was on the same water system as an adjacent campground. The average water use rate for that combined C-2/0-1 recreation area was 21.2 gallons per PAOT, similar to other C-2 campgrounds. No conclusions on use rates for organization camps should be drawn from the limited data in this survey. It would be more reasonable to assume that organization camps will use water at about the same rate per person as administrative site bunkhouses. Although data on visitor centers (V-1) were not requested for this study, six recreation areas provided information. Four were small visitor centers that were on the same water system as adjacent campgrounds. The two stand-alone visitor centers are moderately sized, and both are at the same forest. One receives about 55,000 visitors a year (figure 5) and the other receives about 300,000 visitors a year. Many of the visitors at the more heavily used center arrive on tour buses that stop on the route from Mount Rushmore National Memorial to Yellowstone National Park. Few buses stop at the other visitor center. Each center is normally staffed with two or three employees. Figure 5—The Burgess Junction Visitor Center in the Tongue District of the Bighorn National Forest (Rocky Mountain Region) is visited by about 55,000 people each year. The restrooms are very busy. Visitors commonly exit their vehicles, use the restrooms and water fountains, then explore the visitor centers and short interpretive trails. Water use averaged 2.3 gallons per visitor at the more heavily used visitor center and 2.5 gallons per visitor at the other visitor center. Visitor centers are not listed on the average daily design flow table. Considering the increasing number of visitor centers constructed and managed by the Forest Service or concessionaires and the number of visitors that use them, they probably should be included in the table. Conclusions Recreational water use patterns appear to have changed significantly since the 1970s. The water use values shown in Forest Service Handbook 7409.11, Section 44.11—Exhibit 01 (Average Daily Design Flow) should probably be changed as suggested in table 6 and in the section on "Use Patterns by Development Category" to make them more useful as guidance for designing Forest Service water systems. Table 6®Current and suggested average daily design flows. This table only contains recommendations Mr tvnes of Recreation Area Use Type Current design flow (gallons of water per day) Recommended design flow (gallons of water per day) Camping Facility Without flush toilets 5 10 With flush toilets 20-30 10-30 With flush toilets and showers 25-50 20-40 Individual site water and sewer connections 50 30 Day use With flush toilets 5 5 Wastewater Dump Station 20-30 40 (gallons per vehicle) Visitor Center — 2-3 About the Author Kathleen Snodgrass came to MTDC as a project leader in 2001. She graduated I on, vvOwI111ywii State University in 1974 with a bachelor's degree in architectural studies and spent about 10 years in highway design and construction with the Idaho Division of Highways. She began her career with the Forest Service in 1984. Kathie worked in facilities, landscape architecture, land line, and general engineering on the Nez Perce National Forest for about 10 years and was the forest's facilities architect for about 7 years before coming to MTDC. Additional single copies of this document may be ordered from: USDA Forest Service Missoula Technology and Development Center 5785 Hwy. 10 West Missoula, MT 59808-9361 Phone: 406-329-3978 Fax: 406-329-3719 E-mail: wo mtdc pubs@fs.fed.us Electronic copies of MTDC's documents are available on the Internet at: eng/t-d.php For additional information about water use in recreation areas, contact Kathleen Snodgrass at MTDC: Phone: 406-326-3922 Fax: 406-329-3719 E-mail: ksnodgrass@fs.fed.us Forest Service and Bureau of Land Management employees can search a more complete collection of MTDC's documents, videos, and CDs on their internal computer networks at: http://fsweb.mtdc.wo.fs.fed.us/search/­­­ The Forest Service, United States Department of Agriculture (USDA), has developed this information for the guidance of its employees, its contractors, and its cooperating Federal and State agencies, and is not responsible for the interpretation or use of this information by anyone except its own employees. The use of trade, firm, or corporation names in this document is for the information and convenience of the reader, and does not constitute an endorsement by the Department of any product or service to the exclusion of others that may be suitable. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250- 9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. Top Print this pub Technology & Development Center r� E-mail: wo mtdc webmaster@fs.fed.us USDA Forest Service, Technology and Development UsebleNt Last Modified: 10/15/2016 16:43:28 Visitor i -'hit counter chit counter -hit counter %'';hit counter , ;hit counter ��a�s�hit counter since October 12, 2007 BECON, LLC B E C O N 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 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, 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 . L;nu Sinn u.r. Road!hou,se Ranch and Cainp 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@beconeng.com Attachments: A) Water Use in Forest Service Recreation Areas: Guidelines for Water System Designers (Kathleen Snodgrass. USFS. September 2007). Page 12 BECON United States Department of Agriculture Forest Service Technology & Development Program Technology & Development Center September 2007 7100 0773-2326-MTDC Privacy I Legal Engineering Pubs Search Pubs Water Use in Forest Service Recreation Areas: Guidelines for Water System Designers Kathleen Snodgrass, Project Leader During the summer of 2005, data about water use and recreation visitation were gathered at Forest Service campgrounds (figure 1) and dayuse recreation areas throughout the country to answer the questions: • Has the amount of water each person uses when visiting national forest recreation areas changed in the last 30 years? • Are our recreation water systems sized to provide the amount of water forest visitors need? Dcrraatinn i tco nnri nh imhinn fixti irPS have changed a lot in the last 30 vears. More people now camp in recreational vehicles (RVs) and trailers than in tents. Most RVs and trailers are almost twice as big as during the 1970s, and almost all RVs and trailers now contain bathrooms. Standard plumbing fixtures use only half as much water as they did during the 1970s. Figure 1—Water is supplied at several faucets, but not in restrooms, at Sunshine Campground in the Norwood District of the Grand Mesa -Uncompahgre -Gunnison National Forests in the Rocky Mountain Region. Highlights • Recreation use patterns have changed a lot in the last 30 years, but Forest Service design guidelines for sizing water systems have remained the same. • Forest Service water systems need to be designed and constructed to provide visitors the amount of water they need. Water systems that are larger than necessary cost more and don't benefit visitors. • An informal survey showed that water use appears to be lower than it used to be in more developed campgrounds, but appears to be higher than it used to be in less developed campgrounds. Despite these changes, the Forest Service is still using guidance for sizing water systems from the 197Os—the Forest Service Handbook 7409.11 , Section 44.11-Exhibit 01, Average Daily Design Flow (excerpted in table 1). The table lists average daily design flows used when designing water supply systems for Forest Service recreation areas. It's important that the design flow table match actual water -use rates so Forest Service water systems can be designed and constructed to provide the amount of water that is needed without spending extra money for water systems that are larger than necessary. Data were collected to find out whether standard water -use rates for recreation areas have changed as a result of recreation and plumbing fixture changes and whether the table should be updated. Tahle 1 AFnrpct Service Handbook 7409.11 . Section 44.11—Exhibit 01 (recreation information only). Average Daily Design Flow Consumer Use Consumption in gallons per day Unit Camping Facility Without flush toilets 5 PAOT* With flush toilets 20-30 PAOT* With flush toilets and showers 25-50 PAOT* Trailer with — Water connection 25 PAOT* Water and sewer connection 50 PAOT* Day use Without flush toilets 1 Person With flush toilets 5 Person With toilets and showers 20 Person Travel Trailer Dump Station 20-30 Trailer Miscellaneous Organization camp 35-75 Person *PAOT—Persons At One Time. The average daily demand should be computed as a summation of the products of individual system users and their respective per capita daily consumption. Collecting Data Managers at a wide range of Forest Service recreation areas with drinking water systems were asked whether they would volunteer to collect data for the study. Recreation areas that supply water with hand pumps were not included in the study because there's no convenient way to meter water use. Initially, managers at 67 recreation areas volunteered to collect information during the 2005 use season. Due to a variety of difficulties, such as winter storms, contractor delays, and miscommunication, information was collected monthly or more frequently at only 41 recreation areas. Yearly average data from 2004 was supplied for eight additional recreation areas. The initial request for volunteers said that recreation areas would not be included in the study unless water meters had already been installed. Because some provinces were underrepresented or not represented at all, the project paid for water meters to be installed at four locations. The author suspected there might be some differences in water use in different parts of the country based on cultural patterns and weather. The "Built Environment Image Guide for the National Forests and Grasslands" (BEIG) includes a system of eight provinces (figure 2) that provides a handy method of sorting recreation areas into groups with similar ecological and cultural characteristics. Volunteer data collectors were sought in each of the eight BEIG provinces, including the tropical El Yunque National Forest in Puerto Rico (part of the Southeast Coastal Province). � x `a Figure 2—This map shows the general boundaries of the eight Built Environment Image Guide provinces. Table 2 shows the number of forests and recreation areas where data were collected in each province. Unfortunately, we were unable to collect data in the Northeast Province. Since the average daily design flow table showed different rates for recreation areas with different uses and development levels, each area was placed into one or more categories as shown in table 3. The size of campgrounds and day -use areas varied from 8 to 382 individual camping or day -use sites, but most campgrounds and day -use areas had between 20 and 80 individual sites. No data were collected in categories C-4 and V-2. Table 260ata collection sites. BEIG Province Number of Forests Number of Areas Northeast 0 0 Southeast Mountain 1 3 Southeast Coastal 2 7 Tropical 1 2 Lakes 2 6 Great Plains/Prairie 2 2 Rocky Mountain 10 19 North Pacific 3 8 Southwest 2 2 Table 3611ecreation site use categories. Designation Description C-1 Camping: pit, composting, or vault toilets C-2 Camping: flush toilets C-3 Camping: flush toilets and showers C-4 Camping: water connections at individual sites (no sewer) C-5 Camping: water and sewer connections at individual sites D-1 Day use: pit, composting, or vault toilets D-2 Day use: flush toilets D-3 Day use: flush toilets and showers RV-1 Wastewater dump station V-1 Visitor center: flush toilets V-2 Visitor center: pit or vault toilets 0-1 Organization camp: flush toilets, showers, kitchens The author expected that water use would vary during the year. If that occurred, water system designers would need to know when the most water was used per person, the maximum water use per person, and the seasonal average water use to size systems appropriately. Water meters were read at least monthly to capture seasonal variations in water use. For this study, it was critical that water use and visitor counts covered the exact same time periods. For instance, if visitors were only counted Thursday, Friday, Saturday, and Sunday each week, the water meter had to be read at the beginning of the day on Thursday and at the end of the day on Sunday so the meter reading would reflect only the amount of water used by the visitors who were counted. Visitors were counted every day at most of the recreation areas, so water meter readings could be obtained weekly or monthly and still accurately show the amount of water used by the visitors who were counted. Water use was tracked monthly at most recreation areas, but 15 recreation areas tracked water use daily and another 7 recreation areas tracked water use weekly, as shown in table 4. That information may be helpful to those designing water systems where peak water use is critical. Because the file is large and is likely to be useful to only a few people, it is not included in this tech tip or posted on the Web. It is available from the author. Table 4&Recreation areas tracking water use and visitors daily and weekly. Daily Weekly Category Name Province Category Name Province D-2 Palma De Sierra Southeast Coastal (Tropical) C-2 Oreville Rocky Mountain D-2 Palo Colorado Southeast Coastal (Tropical) C-1 Horsethief Rocky Mountain C3/D3/RV1 Chippewa Lakes C-1 Grizzly Bear Rocky Mountain C3/D3/RV1 Wanaki Lakes C-1 Pactola Rocky Mountain C3/D3/RV1 Norway Beach Lakes C-1 Whitetail Rocky Mountain C3/D3/RV1 Cass Lake Lakes C-1 Baumgartner Rocky Mountain C-2/RV-1 Quartz Creek North Pacific C-1 Lee Creek Rocky Mountain C1/D1/RV1 Russian River North Pacific C-1 Taneum North Pacific C-1 Mineral Springs North Pacific C-1 Crystal Springs North Pacific C-2 Salmon La Sac North Pacific C-2/D-2 Lake Kachess North Pacific C-1 Woodbine Great Plains/Prairie C-2 I Field Tract I Southwest A very simple water- and visitor -use tracking sheet was provided to the volunteers, but they were free to use whatever method of recording data was most convenient. Most information was recorded on the tracking sheet, but some recreation areas had existing tracking methods and continued to use them during the study. The volunteers were instructed to record the dates, water meter readings, and visitor counts. They were also asked to note anything that would cause more water to be used than usual, such as flushing the system or a break in a water line. Some locations used actual nose counts of visitors, but many locations just counted the number of occupied individual campsites or day -use sites and multiplied by a predetermined average number of occupants per site to get an estimate of the number of people at the location at one time (PAOT). Because these PAOT ratios have been developed based on actual visitor numbers over time, they are reasonably accurate. Results As data began to flow in from the volunteers, a spreadsheet was created showing recreation area categories, number of individual campsites or day -use sites at each area, host information, and the water- and visitor -use data reported for each area. The spreadsheet is available from the author or the Forest Service's internal Web site at http://fsweb.wo.fs.ed.us/engLprograms/water/documents/excel/wateruse.xis. The spreadsheet includes worksheets showing background data for all recreation areas studied, monthly data for those recreation areas that tracked water and visitor use, monthly data organized by province, and monthly data organized by use category. The spreadsheet contains more detailed information WWI is presented in this tech tip. Three campgrounds had unusually high water use. One campground included a horse washing station. At another campground, a timer flushed the toilets and urinals automatically. The host at the third campground routinely ran a lot of water to flush the system. Data from those three campgrounds are not included in the summary tables presented in this tech tip, but are included in the complete spreadsheet. Figure 3 shows the yearly average water use in gallons per visitor day for all the recreation areas included in this study. It may be helpful to refer to this figure while considering the use patterns explained below. Seasonal Average 0 5 4 � 6 �'r �3 Is iaure 3—The average use of water per visitor day at differen types of Forest Service recreation areas. Use Patterns by Month As expected, the amount of water used per visitor day did vary over the season, but the variation differed depending on the province. Table 5 shows general trends in the various provinces. The timing of the peak use during the season is probably not very important except in locations where there is a big difference between peak use and average use, especially if less water is available during the time of peak use. Y 1%1e r- Denlr n►nnthc fnr watar uca and vicitatinn_ Province 1"eaK month for water use/visitor Second highest month r�eak month for number of visitors 0at:o of F,...... to average use Southeast Mountain No data —only yearly averages reported Southeast Coastal October August June/July 1.7 Tropical May June July 1.3 Lakes July August July 1.2 Great Plains/Prairie August July July 2.0 Rocky Mountain -North June/Sept August July/August 1.7 Rocky Mountain -South June August July/August 2.0 North Pacific -WA No pattern No pattern August 1.3 North Pacific -AK No pattern No pattern July 1.7 Southwest July August June 1.3 Water Use at Recreation Areas With Hosts Each volunteer recreation area submitted information regarding the presence or absence of a host and the utility connections that were provided at the host's site, if any. The presence or absence of a host or differences in host site utility connections didn't seem to make any significant difference in the average water use in gallons per visitor day for campgrounds. The presence of a host may increase water use per PAOT at day -use sites. There was only one day -use site that reported an onsite host, so the data are not conclusive. Use Patterns by Development Category The person who proposed the project suspected that campers now draw less water at Forest Service campgrounds than when the average daily design flow table was assembled. That's because more campers have self-contained trailers and recreational vehicles, and fewer persons are camping in tents. Interestingly, water use does seem to be lower than it used to be in more developed campgrounds, but it seems to be higher than it used to be in less developed campgrounds. As an example, water use at 15 of the 19 campgrounds with pit or vault toilets (C-1) was higher during the peak use month than the 5 gallons per PAOT shown in the average daily design flow table. Half of the campgrounds had more than 10 gallons of water used per PAOT in their peak month. Seasonal average use varied from 1.4 gallons per PAOT to 14.7 gallons per PAOT. The design flow shown on the average daily design flow table should probably be at least doubled to 10 gallons per PAOT for campgrounds without flush toilets. In contrast, the four campgrounds with individual water and sewer connections (C-5, figure 4) had much lower water use than the 50 gallons per PAOT shown in the average daily design flow table. Seasonal water use averages ranged from 11 .5 to 25.9 gallons per PAOT. The highest monthly peak water use was 30.1 gallons per PAOT. The design flow can probably be reduced from 50 to 30 gallons per PAOT for campgrounds with individual water and sewer connections. Figure 4—Campers who use large trailers often prefer campsites with individual water and sewer connections. The eight campgrounds with flush toilets but no showers or water and sewer hookups at individual campsites (C-2) had average seasonal water use ranging from 3.8 to 33.8 gallons per PAOT. The average daily design flow table suggests design flows of 20 to 30 gallons per PAOT. The only campground that recorded peak month use over 30 gallons per PAOT has an old, possibly leaky, water system. Two campgrounds experienced yearly average use under 10 gallons per PAOT. The yearly average and peak monthly use at the other five campgrounds was within the range shown on the average daily design flow table. The use rate shown in the average daily design flow table seems to be about right for this category. The water systems of all but one of the six campgrounds with flush toilets and showers but no water and sewer hookups at individual campsites (C-3) also included dayuse areas, wastewater dump stations, and/or small visitor centers. All campgrounds showed seasonal average water use of between 19.2 and 33.2 gallons per PAOT. Use during the peak month ranged from 23.3 to 39.3 gallons per PAOT, less than the 25 to 50 gallons per PAOT shown on the average daily design flow table. That range could probably be reduced to 20 to 40 gallons per PAOT. Seasonal average water use at the only day -use area without flush toilets (D-1) that had its own water system was 0.2 gallons per PAOT. Hikers may bring their own water to this very high -use trailhead. No conclusions on use rates for this type of recreation area should be drawn from the limited data in this survey. The average daily design flow table recommends allowing 1 gallon per PAOT at this type of recreation area. Water use varied significantly at the three day -use areas with flush toilets (D-2) that had their own water systems. The water use at day -use areas in the tropical rain forest in Puerto Rico ranged from 2 to 5.6 gallons per PAOT and averaged 3 gallons per PAOT. This use rate is very close to the 5 gallons per PAOT shown on the average daily design flow table. The other day -use area with flush toilets —at an arid location in New Mexico —experienced a seasonal average of 19.6 gallons per PAOT. It is likely that people did use water at a higher rate at the day -use area in New Mexico. However, the water system was also used for irrigation, and there was no way to tell how much water was used for plants and how much was used by visitors. The rate shown on the average daily design flow table is probably reasonable for this category. Although nine recreation areas included in this study had wastewater dump stations (RV-1), only one of them had a separate meter for the dump station. The vehicles visiting that facility used an average of 36 gallons each. That's a little higher than the 20 to 30 gallons shown on the average daily design flow table, but is probably more representative of the larger tanks on newer recreational vehicles and trailers. The table should probably be changed to show 30 to 40 gallons per vehicle. One recreation area in the study included an organization camp (0-1) that was on the same water system as an adjacent campground. The average water use rate for that combined C-2/0-1 recreation area was 21.2 gallons per PAOT, similar to other C-2 campgrounds. No conclusions on use rates for organization camps should be drawn from the limited data in this survey. It would be more reasonable to assume that organization camps will use water at about the same rate per person as administrative site bunkhouses. Although data on visitor centers (V-1) were not requested for this study, six recreation areas provided information. Four were small visitor centers that were on the same water system as adjacent campgrounds. The two stand-alone visitor centers are moderately sized, and both are at the same forest. One receives about 55,000 visitors a year (figure 5) and the other receives about 300,000 visitors a year. Many of the visitors at the more heavily used center arrive on tour buses that stop on the route from Mount Rushmore National Memorial to Yellowstone National Park. Few buses stop at the other visitor center. Each center is normally staffed with two or three employees. Figure 5—The Burgess Junction Visitor Center in the Tongue District of the Bighorn National Forest (Rocky Mountain Region) is visited by about 55,000 people each year. The restrooms are very busy. Visitors commonly exit their vehicles, use the restrooms and water fountains, then explore the visitor centers and short interpretive trails. Water use averaged 2.3 gallons per visitor at the more heavily used visitor center and 2.5 gallons per visitor at the other visitor center. Visitor centers are not listed on the average daily design flow table. Considering the increasing number of visitor centers constructed and managed by the Forest Service or concessionaires and the number of visitors that use them, they probably should be included in the table. Conclusions Recreational water use patterns appear to have changed significantly since the 1970s. The water use values shown in Forest Service Handbook 7409.11, Section 44.11—Exhibit 01 (Average Daily Design Flow) should probably be changed as suggested in table 6 and in the section on "Use Patterns by Development Category" to make them more useful as guidance for designing Forest Service water systems. Table 6ACurrent and suggested average daily design flows. This table only contains recommendations for tunes of Recreation Area Use Type Current design flow (gallons of water per day) Recommended design flow (gallons of water per day) Camping Facility Without flush toilets 5 10 With flush toilets 20-30 10-30 With flush toilets and showers 25-50 20-40 Individual site water and sewer connections 50 30 Day use With flush toilets 5 5 Wastewater Dump Station 20-30 40 (gallons per vehicle) Visitor Center — 2-3 About the Author Kathleen Snodgrass came to MTDC as a project leaderin LVV1. She graduated from VVasi ington State University in 1974 with a bachelor's degree in architectural studies and spent about 10 years in highway design and construction with the Idaho Division of Highways. She began her career with the Forest Service in 1984. Kathie worked in facilities, landscape architecture, land line, and general engineering on the Nez Perce National Forest for about 10 years and was the forest's facilities architect for about 7 years before coming to MTDC. Additional single copies of this document may be ordered from: USDA Forest Service Missoula Technology and Development Center 5785 Hwy. 10 West Missoula, MT 59808-9361 Phone:406-329-3978 Fax: 406-329-3719 E-mail: wo mtdc pubs@fs.fed.us Electronic copies of MTDC's documents are available on the Internet at: eng/­t-d.php For additional information about water use in recreation areas, contact Kathleen Snodgrass at MTDC: Phone: 406-326-3922 Fax: 406-329-3719 E-mail: ksnodgrass@fs.fed.us Forest Service and Bureau of Land Management employees can search a more complete collection of MTDC's documents, videos, and CDs on their internal computer networks at: httn://fsweb.mtdc.wo.fs.fed.us/search/­­­ The Forest Service, United States Department of Agriculture (USDA), has developed this information for the guidance of its employees, its contractors, and its cooperating Federal and State agencies, and is not responsible for the interpretation or use of this information by anyone except its own employees. The use of trade, firm, or corporation names in this document is for the information and convenience of the reader, and does not constitute an endorsement by the Department of any product or service to the exclusion of others that may be suitable. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250- 9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. Top Print this pub AjT Technology & Development Center 91- E-mail: wo mtdc webmaster@fs.fed.us USDA Forest Service, Technology and Development UsableNel. Last Modified: 10/15/2016 16:43:28 Visitor hit counter ,,,. hit counter t`" hit counter 1 hit counter 1 ' chit counter . ;hit counter since October 12, 2007 NODBHO'A1NOoo S31nHOS30 OZoZ/EZ4 L 3 _ Ndld 311S A2IVNIWI1321d v� R lcL 4b �y N 90b9 <N °N0D39L61MH AGNOVYHON NMVHS- wI z a w F- Q� cZ_c 6 J MwM L.L. III 1 i Z % O ¢ o w w w J w w w a a --jO I W J L—/J 0 _ T z oL � �_ o g F—T— O / -1Lu �wp N. 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