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2021-141-Minutes for Meeting March 24,2021 Recorded 4/2/2021�C�vCES CpG2 o ; BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes County CJ2021-141 Nancy Blankenship, County Clerk Commissioners' Journal 04/02/2021 2:45:30 PM `\y�ZFSt'bG IIIIIIIIII�IIIIIIIIIIIIIIIIIIII 2021-141 VIRTUALWednesday, March 24,2021 BARNES & SAWYER ROOMS 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 Assistant Legal Counsel Adam Smith; 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 9:01 a.m. PLEDGE OF ALLEGIANCE: CITIZEN INPUT: Commissioner DeBone acknowledged two emails received through the Citizen Input line that will be attached to the record: Gary Russell submitted a written request to stop residents from burning trash in yards. Commissioner DeBone recommended conversations with the local fire department/district. BOCC MEETING MARCH 24, 2021 PAGE 1 OF 8 Marty Seamons submitted a written request for consideration to form a sanctuary for gun rights in opposition of a proposed state bill. CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda ADAIR: Move approval of Consent Agenda CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 1. Consideration of Board Signature of Resolution No. 2021-006, Increasing FTE Within the 2020-21 Deschutes County Budget 2. Consideration of Board Signature of Resolution No. 2021-017, Increasing 1.0 FTE Within the 2020-21 Deschutes County Budget 3. Consideration of Board Signature of Order No. 2021-010, Road Name Assignment - Wildwood Pine Court 4. Consideration of Board Signature of Purchase Agreement, Document No. 2021-207, and Acceptance Deed of Dedication, Document No. 2021-208, from Froilan and Norma Arellano for Right of Way for the NE Negus Way and NE 17t" Street Improvement Project 5. Consideration of Board Signature of Purchase Agreement, Document No. 2021-211, and Acceptance of Deed Dedication, Document No. 2021-212, from the Donald J and Rebecca H Hansen joint Revocable Living Trust for Right of Way for the NE Negus Way and NE 17t" Street Improvement Project 6. Consideration of Board Signature of Document No. 2021-262, Amendment No. 1 to the Intergovernmental Agreement Between Deschutes County and ODOT for the US20 at Ward/Hamby Intersection Improvement Project 7. Consideration of Board Signature of Letter Thanking Pat Stone for Service on the STF Committee 8. Approval of Minutes of the March 5, 2021 Legislative Update Meeting 9. Approval of Minutes of the March 8, 2021 Legislative Update Meeting 10.Approval of Minutes of the March 10, 2021 BOCC Meeting 11.Approval of Minutes of the March 15, 2021 BOCC Meeting BOCC MEETING MARCH 24, 2021 PAGE 2 OF 8 ACTION ITEMS: 12.Economic Development Loan Request - Cognitive Surplus Communications Director Whitney Hale via Zoom introduced the two EDCO loan request items. Jon Stark, Redmond Economic Development presented the request from Cognitive Surplus and reviewed the history of the business. The loan is requested in the amount of $26,000. ADAIR: Authorize County Administrator Signature of Cognitive Surplus Economic Development Loan Request CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 13.Consideration of Chair Signature of Document No. 2021-244, Agreement for Long -Term Rural Enterprise Zone Abatement County Administrator Tom Anderson presented the agreement for consideration. The City of Redmond has reviewed and approved the agreement. Jon Stark, REDI, presented the history and performance of the Greater Redmond Enterprise Zone. Presentation is attached to the record. The Board commented on the positive benefits of the business to Central Oregon. County Administrator Anderson reviewed the process of tax forgiveness for the taxing entities for the life of the project. ADAIR: Move Approval of Chair Signature of Document No. 2021-244 CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried BOCC MEETING MARCH 24, 2021 PAGE 3 OF 8 14.Economic Development Loan Request - Broken Top Candle Co. This item was moved to Action Item 14 to allow the presence of Don Myll, Economic Development of Central Oregon. Mr. Myll (via Zoom conference call) presented the request from Broken Top Candle Co. The loan is requested in the amount of $16,200. CHANG: Authorize County Administrator Signature of Broken Top Candle Co. Economic Development Loan Request ADAIR: Second VOTE: CHANG: Yes ADAIR: Yes DEBONE: Chair votes yes. Motion Carried OTHER ITEMS: Commissioner Adair presented a letter of support for Steelhead Falls Fuels Reduction Project. ADAIR: Move Board Signature CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Commissioner Chang expressed interest in receiving reports of upcoming fuels reduction projects in order to offer letters of support on a regular basis. 15.COVID19 Update Public Health Director Nahad Sadr-Azodi, Dr. George Conway, and Molly Wells -Darling (via Zoom conference call) presented the COVID19 Update. Presentation is attached to the record. Commissioner DeBone reported he signed a letter on Monday, March 22 addressed to the Governor of Oregon verifying certain vaccination metrics so that Deschutes County could obtain BOCC MEETING MARCH 24, 2021 PAGE 4 OF 8 early Group 6 authorization for vaccination eligibility. Commissioner Adair commented on the need to vaccinate those working in markets with their level of constant contact with the public. Dr. Conway responded that the front line workers will be eligible during Phase 7. Commissioner Chang commented on the demands of vaccination appointments and inquired whether the senior population has been accounted for. Ms. Darling reviewed the registration process for the COVID19 vaccine. Commissioner DeBone commented for the public to be aware there are staff that are available to help you with your vaccination registration. Commissioner DeBone recommended moving the COVID19 updates from weekly to biweekly in response to the current moderate risk level. Commissioner Adair wants to keep the weekly updates for the time being. Commissioner Chang requested a report of how many people are tuning in to the BOCC meeting for the COVID update for a good indicator of the frequency for the update. 16.CARES Act Funded Business Assistance Loans Discussion Internal Auditor David Givans and Chief Financial Officer Greg Munn (via Zoom conference call) presented a memo to the Commissioners providing an update on the business assistance loans and grants during the COVID19 pandemic. Discussion was held whether to convert the loans over to a grant status. The loan program applications were submitted through Central Oregon Intergovernmental Council for administration. Eight of the loans were funded with resources from Deschutes County. The Board discussed the process of the loan applications and how best to proceed. Mr. Givans will contact COIC regarding the loan process and repayment practices. Commissioner Adair requested the business status be sought out for those that had received the loans. 17.Consideration of Community Development Department FTE Request Community Development Department Director Nick Lelack presented along with Senior Management Analyst Sherri Pinner and Building Official Randy BOCC MEETING MARCH 24, 2021 PAGE 5 OF 8 Scheid (both via Zoom conference call) and reviewed the building permitting and land use application volume currently experienced in the Community Development Department. Mr. Lelack also reported on the volume of calls and emails coming to the Planning Division regarding properties within Deschutes County. Commissioner DeBone inquired on the status of remote work as well as space needs within the department. Mr. Lelack explained planners are efficiently working both remotely and in office. Mr. Scheid explained the volumes of building permits have increased rapidly. County Administrator Anderson explained a Resolution relative to the department FTE additions would be created by Finance if the direction was to proceed. The Board expressed support of the positions. Commissioner Chang requested more information on the Community Development Department's funding base. Mr. Lelack will present that information during the budget process and noted an additional four staff positions will be requested for consideration through the upcoming budget proposal. Commissioner Adair thanked Mr. Lelack for his level of leadership and department oversight during the times of the pandemic. 18.SECOND READING: Ordinance No. 2021-003, Text Amendments to DCC 8.30 Ambulance Service Area and to Deschutes County Ambulance Service Area Plan Senior Legal Assistant Chris Bell and Public Health Manager Tom Kuhn (via Zoom conference call) presented the Ordinance for the second reading. The first reading was held on March 10, 2021. ADAIR: Move approval of second reading of Ordinance No. 2021-003 by title only CHANG: Second VOTE: ADAIR: CHANG: DEBONE Yes Yes Chair votes No, acknowledging his vote is based on the one definition of a word but is supportive of the expanding service opportunity. Motion CARRIED BOCC MEETING MARCH 24, 2021 PAGE 6 OF 8 Commissioner DeBone read the Ordinance into the record. CHANG: Move adoption of Ordinance No. 2021-003 ADAIR: Second VOTE: CHANG: Yes ADAIR: Yes DEBONE: Chair votes No. Motion Carried Note: Commissioner Adair reminded everyone of the High Desert Stampede event starting tonight at the Deschutes County Fair and Expo. RECESS: At the time of 11:21 a.m. the Board went into recess and reconvened the meeting at 1:00 p.m. 19.DELIBERATIONS: Conditional Use and Site Plan Review Appeal for Private Campground, File 247-20-000206A Community Development Department Planner Cynthia Smidt (via Zoom conference call) presented the hearings officer's decision and deliberations on an appeal of a private campground at 64061 North Highway 97. Commissioner Chang noted there was a publically noticed tour of the site and he participated in the tour with the Community Development Department staff. Commissioner Adair also toured the site observed the property line. Commissioner Chang commented the fencing and property lines do not line up. Commissioner DeBone reported he did not attend the site tour. Ms. Smidt spoke on the property lines and setbacks. The fence line obviously doesn't match the property line but the applicant is willing to provide a buffer between properties. The decision matrix were reviewed relative to the conditional use standards and the Board made recommendations for the areas of concern. Assistant Legal Counsel Adam Smith (via Zoom conference call) commented on conditions of approval and the required compliance with the Deschutes BOCC MEETING MARCH 24, 2021 PAGE 7 OF 8 County Code criteria. The decision matrix were reviewed relative to the Oregon Administrative Rules, site plan review standards, and conditions of approval. The Board made recommendations for the areas of concern. Ms. Smidt will prepare a draft decision and present it for BOCC consideration and approval at a meeting in early April. At the time of 3:47 p.m., Commissioner Adair excused herself from the meeting for another scheduled appointment. EXECUTIVE SESSION: At the time of 3:48 p.m., the Board went into Executive Session under ORS 192.660 (2) (i) Employee Evaluation. The Board came out of Executive Session at 4:15 p.m. ADJOURN: Being no further items to come before the Board, the meeting was adjourned at 4:1 S p.m. PIL CHANG, VICE CHAT P TTI A AIR, COMMISSIONER INA 41414AM04111 BOCC MEETING MARCH 24, 2021 PAGE 8 OF 8 \ l ES COG 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, MARCH 24, 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/meetings. Citizen Input: Citizen Input is invited in order to provide the public with an opportunity to comment on any meeting topic that is not on the current agenda. Citizen Input is provided by submitting an email to: 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, March 24, 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. For Public Hearings, the link to the Zoom meeting will be posted in the Public Hearing Notice as well as posted on the Deschutes County website at https://www.deschutes.org/bcc/page/public-hearing-notices. 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 citizen input@deschutes.org or you may leave a brief voicemail at 541.385.1734. To be timely, citizen input must be received by 8:00am on the day of the meeting.] CONSENT AGENDA Consideration of Board Signature of Resolution No. 2021-006 Increasing FTE Within the 2020-21 Deschutes County Budget 2. Consideration of Board Signature of Resolution No. 2021-017 Increasing 1.0 FTE Within the 2020-21 Deschutes County Budget 3. Consideration of Board Signature of Order No. 2021-010, Road Name Assignment - Wildwood Pine Court 4. Consideration of Board Signature of Purchase Agreement, Document No. 2021-207, and Acceptance of Deed of Dedication, Document No. 2021-208, from Froilan and Norma Arellano for Right of Way for the NE Negus Way and NE 17Th Street Improvement Project 5. Consideration of Board Signature of Purchase Agreement, Document No. 2021-211, and Acceptance of Deed of Dedication, Document No. 2021-212, from the Donald J and Rebecca H Hansen Joint Revocable Living Trust for Right of Way for the NE Negus Way and NE 17Th Street Improvement Project 6. Consideration of Board Signature of Document No. 2021-262, Amendment No. 1 to the Intergovernmental Agreement Between Deschutes County and ODOT for the US 20 at Ward/Hamby Intersection Improvement Project Board of Commissioners BOCC Meeting Agenda Wednesday, March 24, 2021 Page 2 of 4 7. Consideration of Board Signature of Letter Thanking Pat Stone for Service on the STF Committee 8. Approval of Minutes of the March 5 2021 Legislative Update Meeting 9. Approval of Minutes of the March 8 2021 Legislative Update Meeting 10.Approval of Minutes of the March 10 2021 BOCC Meeting 11.Approval of Minutes of the March 15 2021 BOCC Meeting Updated ACTION ITEMS 12.Economic Development Loan Request - Cognitive Surplus - Whitney Hale, Communications Director 13. Economic Development Loan Request - Broken Top Candle Co. - Whitney Hale, Communications Director 14.Consideration of Chair Signature of Document No. 2021-244, Agreement for Long - Term Rural Enterprise Zone Abatement - Tom Anderson, County Administrator 15.COVID19 Update 16.CARES Act Funded Business Assistance Loans Discussion 17.Consideration of Community Development Department FTE Request - Nick Lelack, Community Development Director 18.SECOND READING: Ordinance No. 2021-003, Text Amendments to DCC 8.30 Ambulance Service Area and to Deschutes County Ambulance Service Area Plan - Christopher Bell, Senior Asst County Counsel LUNCH RECESS 19. DELIBERATIONS: Conditional Use and Site Plan Review Appeal for Private Campground, File 247-20-000206-A - Cynthia Smidt, Associate Planner OTHER ITEMS Board of Commissioners BOCC Meeting Agenda Wednesday, March 24, 2021 Page 3 of 4 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. ADJOURN To watch this meeting on line, go to: www.deschutes.org/meetings Please note that the video will not show up until recording begins. You can also view past meetings on video by selecting the date shown on the website calendar. Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need oil accommodations to make participation possible, please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.oriz/meetingealendar (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, March 24, 2021 Page 4 of 4 [Deschutes County Web Site]<http://www.deschutes.ory,/> Patti Adair I Commissioner DESCHUTES COUNTY BOARD OF COMMISSIONERS 1300 NW Wall St., Suite 206 1 Bend, Oregon 97703<x-apple-data-detectors://0/0> Tel: (541) 388-6567<tel:(541)%20388-6567> I Cell: (541) 904-5378<tel:(541)%20904-5378> [2018-Facebook-Icon-Slate]<https://www.facebook.com/Deschutes.County> [2018-Twitter-Icon-Slate] <hops://twitter.com/deschutescounty> [2018-Instagram-Icon-Slate]<https://www.instagram.com/deschutes cotinty/> Enhancing the lives of citizens by delivering quality services in a cost-effective manner. On Mar 22, 2021, at 6:50 AM, Marty Seamons <mnseamons@gmail.com> wrote: [EXTERNAL EMAIL] Good morning, Patti How would one go about presenting county legislation to form a sanctuary for gun rights to oppose the state's bill that they are trying to pass? When is the next public commissioners meeting? Marty Seamons N L�O� E S C0G 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 March 24, 2021 DATE: March 18, 2021 FROM: Whitney Hale, Administrative Services, 541-330-4640 TITLE OF AGENDA ITEM: Economic Development Loan Request - Cognitive Surplus RECOMMENDATION & ACTION REQUESTED: Approve request for an economic development loan in the amount of $26,000 to Cognitive Surplus. BACKGROUND AND POLICY IMPLICATIONS: Deschutes County, in partnership with Economic Development for Central Oregon (EDCO), operates an Economic Development Loan program for the purpose of providing funds to businesses that are seeking to create new, family -wage jobs within the community. Loans are conditioned upon the business creating the new jobs within 24 months, then maintaining them for a consecutive 12-month period. If these terms are met, the loan may be converted to a grant that does not require repayment. If not, all or a portion of the funds must be repaid with 5% interest per annum. EDCO is recommending to the Board of Commissioners that a loan be made to Cognitive Surplus, a consumer goods business that produces stationery and lifestyle goods that support science. As described in the attached briefing paper, Cognitive Surplus will agree to create 13 new jobs with an average pay of $57,067.53 in return for a loan of $26,000. FISCAL IMPLICATIONS: Economic Development Loan from Economic Development Loan Fund. ATTENDANCE: Jon Stark, Senior Director, REDI BRIEFING PAPER Cognitive Surplus Request for Deschutes County Economic Development Fund (DCEDF) Company Request: $30,000 EDCO Recommendation: $26,000 Application Date: February 5`h, 2021 Proposed Job Creation within 24 months of application date: 13 relocated and new employees Average Pay for New Employees (all positions, excluding commissions): $57,067.53 Industry: Consumer Goods, stationery and lifestyle goods supporting science Website: www.coL-nitive-surolus.com Company Background: Cognitive Surplus was founded in an apartment on the East Coast in 2013 and later opened its first physical warehouse space Portland, where it operated until late 2020. The business has recently relocated from Portland to Redmond Oregon in a 36,000 square foot facility located at 725 SW Umatilla and is a minority, woman owned business, founded in 2013 by Kristen and Geoff Zephyrus. Their products include t-shirts, glassware, stationary, notebooks and other lifestyle products celebrating science and inspiring discovery. Their products are generally manufactured overseas in China and Turkey with some final processing, including screen printing done in their warehouse, now in Redmond. The company searched throughout Oregon and found the Redmond warehouse after discovering vacant buildings in this size range were hard to come by anywhere in the state. The owners and three other employees moved to Redmond in late December and early January, where the company began initial operations in mid -January. They locally hired 2 new employees in January, prior to application (not included in the proposed 13 jobs), continued to hire 5 more through February and the remaining balance are expected later this year. The company pays aggregate wages above the current County annual average of $47,595. Cognitive Surplus also provides its employees with a Heath Reimbursement Account (HRA), paid Holidays and paid time off. REDI/EDCO has been working closely with Cognitive Surplus for the past year with access to incentives, permitting, financing, and integration into the community. The company has a strong interest in sustainable operations and business practices and will invest over $400,000 for facility build out, adding heating to a portion of the warehouse, along with ventilation upgrades, installing a solar array in addition to new and relocated machinery and equipment. If awarded, DCEDF funding will go to pay for current upgrades and several future planned improvements to the building and adding equipment to further their capabilities to better serve their customers. Each of these are expected to be future taxable property investments. EDCO Recommendation The Redmond DCEDF Due Diligence Committee had an opportunity to meet with Kristen and her Business Manager Jenn Warhurst-Stevens on February 26, 2021 via Zoom. The company provided an overview of the business, their products, history of how the business got started and pictures of their fully operational warehouse in lieu of an in -person tour, due to the pandemic. The due diligence committee included Bruce Barrett, Real Estate Broker with Windermere, a business mentor with SCORE and Deschutes County Budget Committee Member; Eric Strobel, Manager with BBSI; Travis Browning, Redmond Market President with First Interstate Bank and Jon Stark, EDCO's Sr. Director for REDI. The committee was given the opportunity to review year over year of financial statements and can confirm the company is showing solid sales growth each year. Over the last 12 months they have seen an even steeper trajectory in revenue increases and have managed that growth without taking on additional business debt. The committee and EDCO are recommending an award of $26,000, or $2,000 per job, to be created by February 5'h, 2023 (24 months following the application date). Conditions include: • Company employs 13 FTE in Deschutes County by February 5'h, 2023 and maintains that employment for any 12-month period before February 5'h, 2024. • Company provides quarterly employment reports and the ability to inspect complete financial statements from award date through termination of the yet -to -be executed agreement with Deschutes County. Failure to meet the above provisions would result in partial or full repayment of the loan, with interest. AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of March 24, 2021 DATE: FROM: Tom Anderson, Administrative Services, 541-388-6565 TITLE OF AGENDA ITEM: Consideration of Chair Signature of Document No. 2021-244, Agreement for Long -Term Rural Enterprise Zone Abatement ATTENDANCE: Jon Stark, REDI ° { Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of March 24, 2021 DATE: March 15, 2021 FROM: Tom Anderson Administration 388-6565 TITLE OF AGENDA ITEM: Consideration of Long Term Rural Enterprise Zone Agreement with S.A. Piazza & Associates LLC PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: On behalf of the City of Redmond and other Enterprise Zone sponsors, including Deschutes County, Redmond Economic Development, Inc. (REDI) has negotiated a long term Rural Enterprise Zone agreement with S.A. Piazza & Associates LLC. In exchange for a fifteen year abatement of property taxes, S.A. Piazza & Associates LLC will invest $40 million and create 50 well paying jobs in the City of Redmond. Estimates of forgone property taxes are included in the attached REDI staff report. FISCAL IMPLICATIONS: Loss of future property taxes, offset by creation of family wage jobs and other economic stimulation associated with the project. RECOMMENDATION & ACTION REOUESTED: Board approval of Document No. 2021-XXX - Long Term Rural Enterprise Zone Agreement with S.A. Piazza & Associates LLC. ATTENDANCE: Jon Stark, REDI, Legal, Administration DISTRIBUTION OF DOCUMENTS: Administration Legal REDI City of Redmond CITY OF REDMOND STAFF REPORT CITY HALL 411 SW gth STREET REDMOND, OR 97756 541.923.7710 FAX: 541.548.0706 info(a)redmondoregon.gov redmondoregon.gov DATE: March 9, 2021 TO: Redmond City Council THROUGH: Keith Witcosky, City Manager FROM: Jon Stark Jason Neff SUBJECT: Long Term Rural Enterprise Zone (LTREZ) Agreement with S.A. Piazza & Associates LLC Addresses Council Goal: 4. ECONOMIC DEVELOPMENT —Develop and maintain an environment that promotes and supports a strong, healthy and diverse economic base. A. Help existing businesses within the city thrive and foster opportunities for new business and job growth. ii. Work with REDI, Economic Development for Central Oregon, and other partners to facilitate new business development in Redmond. B. Maintain Redmond's reputation as "the place to do business in Central Oregon". i. Provide incentive programs that are regionally and nationally competitive and targeted towards businesses that benefit the community through the creation of family -wage jobs. Report in Brief: No action is being requested at the March 9, 2021 City Council meeting. Pending the presentation, action will be sought on March 16, 2021 which authorizes the City to enter into a Long Term Rural Enterprise Zone (LTREZ) agreement with S.A. Piazza & Associates, LLC (Company). The agreement allows S.A. Piazza & Associates a 15- year property tax exemption requiring necessary job creation, compensation requirements and investment. Background: All employment lands in the City of Redmond are part of the Greater Redmond Enterprise Zone (E-Zone). This program allows qualifying businesses and investments to receive a 100% abatement of property taxes associated with the assessed value of new qualifying capital improvements and equipment in exchange for new, traded -sector jobs (City of Redmond, City of Sisters, Deschutes County). Employee compensation, the number hired, and total investment for each project determine the eligible range of E-Zone abatements. This range can be from three (3) years, to five (5) years (known as the Extended program), to as many as (fifteen) 15 years, known as the LTREZ. The duration of the Extended program and the LTREZ is subject to zone sponsor approval via local agreement(s). In the case of LTREZ, these agreements may include a fee that reflects the need to recover resources annually given the relationship between the impact of the development and the benefit received by the applicant. The three-year abatements do not have a minimum average wage requirement. However, the Extended and for Redmond, LTREZ programs do require wages that are certified at 150% of Deschutes County average annual compensation ($71,393/year). Compensation variables include salary, overtime, profit sharing, medical insurance premiums, retirement contributions and other non -mandatory benefits. For the up to 5-year abatement program, only new jobs/jobs created need to meet total compensation criteria while all jobs for LTREZ must must meet this requirement. The LTREZ also requires a minimum investment of $12.5 million in Redmond, the retention of existing (12 month average in Oregon) employment baseline and the creation of 50 new jobs. Discussion: REDI and City Staff have been working with this proposed project for nearly a year. The Company seeks to relocate from Clackamas County to Redmond on a 46-acre site owned by the Redmond School District. The site is located at the southeast corner of 9th and Antler. The Company has submitted a Certification Application requesting this LTREZ agreement providing 15-year exemption on eligible property. To receive the 15-year property tax abatement, the Company has agreed to invest approximately $40 million in taxable investments (newly constructed facility, new and transferred equipment) and to create the required 50 new jobs in addition to relocating their baseline of 64 jobs (114 total) to Redmond within the statutorily governed time period of 3 years from the date of occupancy. The company will also pay an annual "Community Investment Fee" equal to $618 per full-time equivalent jobs adjusted annually starting January 1, 2022 based on the Consumer Price Index noted in the agreement. S.A. Piazza & Associates dba Wild Mike's Pizza, is a third generation frozen pizza manufacturer presently operating in the Portland Metro area. The Company's products are distributed to a large number of School Districts and grocery retailers across 46 states. The company has a significant growth trajectory requiring a larger, consolidated and more efficient production facility in a cost effective location. The leadership team includes (but not limited to), President and CEO, Steve Piazza; COO Steven Piazza II; and CFO, David Lawrence. If/when the Agreement is approved by Redmond City Council it will then go to the Deschutes Board of County Commissioners followed by the City of Sisters for approval as Co -Sponsors of the Zone. Fiscal Impact: Property Taxes The estimated exempted property taxes, based on the FY 2020/21 millage rate and a $40 million investment are as follows: Year 1 15 Year Total County -Wide $728,044 $12,997,024 City of Redmond $176,404 $3,149,160* * included in county -wide total Without the Company's land purchase, relocation and investment here in Redmond, the City's current tax revenue from the property is zero as it is currently in public ownership. Importantly, the new payroll generated by this company's direct and indirect employment via local and regional suppliers is expected to generate additional future taxable investment which will benefit the City and other property taxing jurisdictions within Redmond's millage rate. The actual exemption values will depend on actual investment, by year and associated property tax rates for that year. Community Investment Fee(CIF) City staff identified public safety as the intended service to which the CIF will be directed. Keeping public safety services (officers per thousand) at pace with population growth has been an identified goal for City Council and staff for many years. With the estimated cost to the General Fund for each new officer at around $144,000 (salary, benefits, equipment), the ability to offset this through the CIF would free up an equal amount of General Fund dollars for other eligible services and investments. The proposed CIF is calculated to be $618 per job each year with an annual Consumer Price Index (CPI) escalator as outlined in the agreement. $618 was determined to be the per job rate for the CIF. Using an initial job base of 114 total new jobs in Redmond, and applyling the assumptions for the CPI using historical rates, the estimated CIF will be: Year 1 15 Year Total CIF $39,554 $674,174 CIF as a % of Property Tax Exemption: County -Wide 5% 5% City of Redmond 22% 21% Therefore, as the Company grows its employment in Redmond over the duration of the 15-year exemption, the CIF should underwrite public safety funding in excess of just one officer. The proposed CIF provides flexibility for the Company to make additional contributions as its success in the marketplace grows and additional employees are hired to meet demand. Other Fiscal Impacts: The City will also receive ancillary financial resources in the form of additional franchise fees from utilities used by the company, (i.e. electricity, natural gas), state -shared revenues from population growth and property taxes for land which is currently tax-exempt (in public ownership). Alternative Courses of Action: Alternative Courses of Action: No action is being requested on March 9. On March 16, the alternative actions are: Approve the Long Term Rural Enterprise Zone Agreement for S.A. Piazza & Associates, LLC. Do not approve the Agreement Request more information Recommendation / Suggested Motion: Recommended/Suggested Motion: For March, 16, 2021: "I move to approve the Long Term Rural Enterprise Zone Agreement for S.A. Piazza & Associates, LLC". 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CO U .2 15 C r,%- CD -0 cu w a) (D cn n CD R co U) 'I� z o z w w Cf) w CO Li '-I z '' v) w c C) QcoU 0 z z 0 0 z 0 U c� w 6wo- E u 6 0 ol Ln N Ln �vT 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 March 24, 2021 DATE: March 18, 2021 FROM: Whitney Hale, Administrative Services, 541-330-4640 TITLE OF AGENDA ITEM: Economic Development Loan Request - Broken Top Candle Co. RECOMMENDATION & ACTION REQUESTED: Approve request for an economic development loan in the amount of $16,200 to Broken Top Candle Co. BACKGROUND AND POLICY IMPLICATIONS: Deschutes County, in partnership with Economic Development for Central Oregon (EDCO), operates an Economic Development Loan program for the purpose of providing funds to businesses that are seeking to create new, family -wage jobs within the community. Loans are conditioned upon the business creating the new jobs within 24 months, then maintaining them for a consecutive 12-month period. If these terms are met, the loan may be converted to a grant that does not require repayment. If not, all or a portion of the funds must be repaid with 5% interest per annum. EDCO is recommending to the Board of Commissioners that a loan be made to Broken Top Candle Co. As described in the attached briefing paper, Broken Top Candle Co. will agree to create 9 new jobs with an average pay of $41,767 in return for a loan of $16,200. FISCAL IMPLICATIONS: Economic Development Loan from Economic Development Loan Fund. ATTENDANCE: Don Myll, Bend Area Director, EDCO BRIEFING PAPER Broken Top Candle Co. Request for Deschutes County Economic Development Fund (DCEDF) Company Request: $16,200 EDCO Recommendation: $16,200 Application Date: January 14, 2021 Proposed Job Creation by December 31, 2021: 9 new employees Average Pay for New Employees (all positions, excluding commissions): $41,767 Industry: Consumer home products Website: brokentopcandleco.com Company Background: Broken Top Candle Co. (BTCC) is a fast-growing consumer home products company. Founded in 2015, BTCC offers a wide variety of home and beauty products including candles, diffusers, lotions, soaps, and perfumes. All products are manufactured and/or packaged in Bend, using natural and organic based ingredients. BTCC has nearly 2,000 independent US retailers, 50+ Canadian Boutiques, and large retailers such as Macy's, Bloomingdale's, Crate & Barrel, Whole Foods, and Nordstrom's. In addition, BTCC has recently expanded its direct -to -consumer online sales strategy. Since the inception, the company has grown from a one -woman kitchen operation to its current 10,000 square foot manufacturing facility in Bend, with 10 full-time employees. The current global candle market was valued at over $3.4 billion. High consumption of candles as an aesthetic/appealing product among female millennials is anticipated to drive continued growth. Demand for organic candles is strengthening for a variety of reasons. EDCO Recommendation: The Due Diligence Committee met with Affton Coffelt, CEO and Founder and Steve Shouse, COO on February 19, 2021. Affton and Steve provided an overview of the business, their products, history of how the business was started, recent financial performance and the proposed use of funds. The diligence committee included Amber Yates, Partner, SGA CPAs; Bruce Barrett, Real Estate Broker with Windermere, business mentor with SCORE and Deschutes County Budget Committee Member; Eric Strobel, Area Manager with BBSI; and Bill Kuhn, Senior Vice President, First Interstate Bank. The committee reviewed year -over -year financial statements and can confirm the company revenue growth and solid financial condition. The Company's revenue has doubled each year since inception and current growth is on a similar trajectory. The company's expected cash flow is sufficient to service existing debt. To satisfy this growth, the Company plans to expand production capacity through investment in labeling, melting, and pouring equipment as well increase employment in sales, marketing, and production. The Committee and EDCO are recommending an award of $1,800 per added employee for a total of $16,200 with the following conditions: • Company hires 9 full-time employees by December 31, 2021, for a total employment of 20 employees, and maintains that employment through December 31, 2022, or four consecutive quarters, per the standard Deschutes County contract for this fund. Page 1 of 2 Company provides quarterly employment reports and the ability to inspect complete financial statements from award date through termination of the yet -to -be executed agreement with Deschutes County. Failure to meet the above provisions would result in partial or fun repayment of the loan, with interest. 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Website support for small business Starting late March 2020, the County bolstered efforts to connect small business with potential fiscal resources during the pandemic. COIC hosted a Central Oregon grant/loan fund call Started in April 2020 Emergency Business Loan Program with COIC COIC was organizing a loan program across Central Oregon with monies from the Oregon Community Foundation and other COIC monies. Date signed: May 6, 2020 Deschutes County contribution $73,000 Deschutes County funding source: TRT and then reimbursed by CARES Act funds COIC match was to be at least $67,000 (ended up being $135,000!) TOTAL Deschutes County loans were $208,000. Loans administered by Community Lending Works (for 6% one-time fee paid by COIC sourced funds) TheThe Emergency Business Loan Is intended to: • Help businesses remain solvent through the crisis and be ready/able to rebuild; • Fill specific cash flow gaps in businesses' larger efforts to scale down, reduce expenses, and take any additional defensive measures to survive the crisis; • Be paired with additional state and federal resources; loan recipients are advised to explore every option that might help them. Eligibility Small business employers located in Deschutes County, Oregon, with less than 20 Full Time Employees (FTE) as of the end of the calendar year 2019 are eligible to apply for a loan. Businesses should be immediately impacted by public health restrictions and generally stable/strong prior to the crisis. All loans are personally guaranteed and in event of loan default, the owner may be liable for the balance of the loan. Loan terms: Loans made in $10,000 increments. Interest rate at 2.5%. Terms up to 60 months. Repayment schedule: • Months 1-6, zero payments (payments and interest deferred) • Months 7-12, interest -only payments • Months 13- (up to) 60, term principal & interest payments Central Oregon emergency business grant program amid covid-19 pandemic Monies used to match State grants with specific targeting and restrictions. The RFP was responded to by COIC (with associated partners, including Deschutes County) to participate and manage the program in adherence to the state requirements. Date signed: June 15, 2020 Deschutes County contribution of $100,000 Deschutes County funding source: General fund and then reimbursed by CARES Act funds State matching 1:1 $100,000 TOTAL Deschutes County funding was $200,000 in grants. COIC to administer grant program at no cost. The grant funds are intended to: • Ensure that historically disadvantaged individuals that own businesses have access to these funds. • Ensure these funds are supporting the small businesses unable to access or apply for federal funds. • Ensure that these funds are reaching every corner of Oregon. • Ensure that these funds are keeping businesses operational. Eligibility - somewhat restrictive This program will make a one -time -only award to businesses that meet all of the following criteria: • Businesses that have been adversely affected economically in one of the following two categories: • Those for -profit and non-profit (limited to 501(c) (3) corporations) businesses that were prohibited from operation as directed by Executive Order20-12. • Those eligible for -profit businesses that can demonstrate a one month decline in revenue greater than 50% in the month of March 2020 or April 2020 as compared against sales in the month of January 2020 or February 2020. Those non-profit businesses (limited to 501(c)(3) corporations) that can demonstrate a decline in revenue greater than 50% across the months of March 2020 and April 2020 as compared against the same period of time in 2019. NOTE: Other communities have focused on for -profit businesses to this point - what does the County want to do? Businesses with 20 or fewer employees. Businesses that have been unable to access federal CARES Act funds including: • Small Business Administration's Paycheck Protection Program (PPP); • Economic Injury Disaster Loan Emergency Advance program (EIDL); or • Other federal programs to date for emergency pandemic funding. Grant amounts: (Issued first come first served basis) The amounts increased by number of employees and or demonstrated 60-day fixed expenses. Grants escalated from $2,500 to $25,000. A scoring matrix was involved to identify matching businesses. Underlying dispersion of grants (by dollar amount) is intended to have the following characteristics: • No less than 50% of the funds are to be deployed to sole proprietor businesses, which will likely have the impact of limiting the number of larger firms that can funded. • A minimum of 60% of the funds will be deployed to businesses located in rural communities as defined in the RFP. (This specifically excludes the City of Bend.) Included specific marketing plan requirements and application process. Central Oregon emergency business grant program amid covid-19 pandemic Cares Relief Funds from State to the County for support Oregon businesses impacted by the pandemic. Deschutes County hired COIC to administer the program. The state provided some guidance for eligibility but not as specific. Needed to comply with CARES Act regulations. Date signed: December 7, 2020 Deschutes County contributions: $75,000 plus additional $70,000 for $145,000 Deschutes County funding source: General fund and then reimbursed by CARES Act funds State contribution of $2,234,248 TOTAL Deschutes County grants were $2,379,248. COIC administered the grant program for $25,000 to be paid by Deschutes County (General fund). The grant funds are intended to: • Make a good faith effort to reach the hospitality industry, businesses impacted by the recent freeze, small businesses, and woman, black, indigenous, people of color, and tribal -owned businesses. • Ensure that these funds are geographically diverse. • Ensure that these funds are keeping viable businesses operational. Eligibility and Program Criteria This program will score businesses based on the following criteria (see required): • Businesses will be asked to report and identify funding from any Covid business support program they have received (such as through the Small Business Administration's Paycheck Protection Program (PPP); Economic Injury Disaster Loan Emergency Advance program (EIDL); or grants or loans from the County), however, not providing this information does not disqualify the application. • Name and description of business (also obtain address and contact information) • Please indicate if your business was prohibited from operation as directed by recent Executive orders 20-12 or 20-65 • Indicate the percentage decline in sales for a recent month for your business (due to the Covid-19 pandemic) that you can demonstrate if asked. This month should be between March 1, 2020 and November 30, 2020, as compared against the same period of time in 2019. • Identify type of business. o hospitality industry, o businesses impacted by the recent freeze: o gyms and fitness organizations, o indoor recreational activities, o museums, o zoos, o gardens, 0 outdoor entertainment activities (identified in OHA guidance), o indoor pools, sports, sports facilities or athletic activities, o other small businesses, • Identify if business is majority owned by woman, black, indigenous, people of color, service - disabled veteran, and tribal -owned businesses. • Provide location(s) of business in Deschutes County. Allocation of monies will generally be geographically diverse within Deschutes County. • Provide business start date. • Provide estimated gross revenues for the most recent 12 months. • Provide an explanatory statement from the business on why these funds are needed. (please keep to 150 words or less) • Provide information on voluntary demographic questionnaire (State form). Anticipated Funding ranges (issued based on scoring approach) Selected businesses with 5 or less employees received $2,500 and 6 or more employees received $5,000. A scoring matrix was involved to identify appropriate businesses. Included specific marketing plan requirements and application process. 1 E S CMG o c Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of March 24, 2021 DATE: March 18, 2021 FROM: Nick Lelack, Community Development, 541-385-1708 TITLE OF AGENDA ITEM: Consideration of Community Development Department FTE Request RECOMMENDATION & ACTION REQUESTED: Based on increased land use and building application volume, CDD is requesting the addition of two (2) building safety inspectors, one (1) senior planner and one (1) assistant planner BACKGROUND AND POLICY IMPLICATIONS: Since July 2020, CDD has experienced a 32% increase in building applications submitted, a 22% increase in building permits issued and a 12% increase in land use applications received. Given the length of time to recruit, interview, offer, start and train new staff, CDD requests these positions immediately. FISCAL IMPLICATIONS: Revenues generated through building permits will cover the cost of the building inspector staff. Funding for the planning staff will require additional discussion and strategy with the Budget Officer and Budget Committee. ATTENDANCE: Nick Lelack 1T114IT, lei Jff&11Jli1 TO: Deschutes County Board of Commissioners Tom Anderson, County Administrator FROM: Nick Lelack, AICP, Director Randy Scheid, Building Official Sherri Pinner, Sr. Management Analyst DATE: March 16, 2021 SUBJECT: Community Development / Building Safety Staffing Request for Two (2) Inspectors 1. SUMMARY The purpose of this memorandum is to request the addition of two FTEs in our Building Safety & Electrical Division to meet significantly growing business demands as discussed below. Community Development Department (CDD) intended to submit this FTE request in the FY 22 requested budget, however, the division is currently experiencing a significant increase in application submissions. Given the length of time to recruit, interview, offer, start, and train new staff, CDD requests the positions immediately. Specifically, the Division proposes to: • Add one (1) full time regular building safety inspector to perform construction plan reviews to ensure compliance with state statutes, state building codes and national standards. • Add one (1) full time regular building safety inspector to perform consultation and inspections to ensure compliance with state statutes, state building codes and national standards. II. PERMIT VOLUMES AND CUSTOMER INTERACTIONS CDD continues to experience an increase in building permit applications. Since July 2020, CDD has received 32% more single family dwelling applications and issued 22% more building permits when compared to February 2020. Within the next 3 to 5 years, development in Newberry Neighborhood and Sisters Forest Service property will generate an estimated 500+ new structures, including commercial/industrial. The graph below highlights SFD permits issued between July and March for the past seven (7) fiscal years. Please note totals for March 2021 are through 3/15/21 and are 11 % higher than prior year. .1._9 yt,= 110 JCS Challenges: • Division is operating beyond capacity with staff unable to meet plan review performance measures. • Quality of inspections and coordination with customers decreases as the number of inspections per day, per staff increases. • No seasonal fluctuations over the past few years and increased business volume in Sisters and La Pine. • Building Safety involvement and participation in a record number of code enforcement cases and highly complex violations. CDD requests: A) The addition of one (1) full time regular building safety inspector in the building safety division to achieve the following results: • Perform construction plan reviews to ensure compliance with state statutes, state building codes and national standards. • Provide additional support to the division. B) The addition of one (1) full time regular building safety inspector in the building safety division to achieve the following results: -2- Perform consultation and inspections to ensure compliance with state statutes, state building codes and national standards. Provide additional support to the division. IV. FINANCIAL IMPACT The total cost of both positions is estimated at $220,000 to cover the fully loaded annual rate ($215,000) and computer, equipment and training ($5,000). Building fees will fund these positions. V. BOARD DIRECTION 1. Approve/deny the addition of one (1) building safety inspector for plan review. 2. Approve/deny the addition of one (1) building safety inspector for consultation and inspection. -3- MEMORANDUM TO: Deschutes County Board of Commissioners Tom Anderson, County Administrator FROM: Nick Lelack, AICP, Director Peter Gutowsky, AICP, Planning Manager Sherri Pinner, Sr. Management Analyst DATE: March 15, 2021 SUBJECT: Community Development / Current Planning Staffing Request for Two (2) Planners I. SUMMARY The purpose of this memorandum is to request the addition of two FTEs in our Current Planning Division to meet significantly growing business demands as discussed below. Community Development Department (CDD) intended to submit this FTE request in the FY 22 requested budget, however, the division is currently experiencing a significant increase in application submissions and customer inquiries. Given the length of time to recruit, interview, offer, start, and train new staff, CDD requests the positions immediately. Specifically, the Division proposes to: • Add one (1) full time regular assistant planner to manage entry level land use applications, respond to telephone calls, emails and walk-in customer counter demands. • Add one (1) full time senior planner to process complex land use applications, higher application volumes, and provide support to current senior staff in areas of file management and staff support. II. PERMIT VOLUMES AND CUSTOMER INTERACTIONS CDD experienced a slight decrease in land use applications during April and May 2020 during the onset of the pandemic. Application submissions increased to normal levels in June 2020 and remained consistent through February 2021. However, customer inquiries began to increase far above normal levels by late summer 2021 in terms of volume and complexity, requiring a significant investment in staff resources. Then, beginning in March, land use applications significantly increased, receiving 73 in the first two weeks, a record high. The Planning Division typically receives 18-22 land use applications per week. This number has jumped to 37 and 39 applications in each of the first two weeks of March, respectively, combined with the sustained high customer inquiry volumes. The graph below highlights land use applications submitted between July and March for the past seven (7) fiscal years. Please note totals for March 2021 are through 3/12/21. Land Use Applications Received 8XI 7CA) 176 Challenges: 64 a ,111OURh 3/12 i�r-!°, N"I'ir-1(— '_,-1, „I-�r-S3 NIir..s";9 r-20 41,0, - ;`I • Division is operating beyond capacity with staff just able to process land use decisions within state mandated timelines. • Counter customer volume and phone calls are increasing with the key issues of complex inquires, challenging properties and matters of first impression for development proposals. • Planner involvement and participation in a record number of code enforcement cases and highly complex violations. • Planners are facilitating and regularly participating in pre -application meetings for future development, which can last between 1 to 2 hours. • Staff regularly working more than 40 hours per week to manage their increasing caseloads in compliance with state law, the triage plan (extended performance measures) and timely reply to customer inquiries. CDD requests: A) The addition of one (1) full time regular assistant planner in our current planning division to achieve the following results: • Respond to the high numbers of email, phone, and counter inquiries in a timely manner. • Process low level land use applications to sustain or improve all land use permit turnaround times. 6A B) The addition of one (1) full time regular senior planner in our current planning division to achieve the following results: • Respond to the higher level more complex applications and higher volumes of lower level land use applications. • Provide additional support to current senior staff in areas of file management and staff support. IV. FINANCIAL IMPACT The total cost of both positions is estimated at $209,000 to cover the fully loaded annual rate ($204,000) and computer, equipment and training ($5,000). If approved and staff begin work prior to the end of FY 21, CDD can absorb the financial impact. However, funding for next fiscal year and beyond will require additional discussion and strategy with the Budget Officer and Budget Committee. V. BOARD DIRECTION 1. Approve/deny the addition of one (1) assistant planner. 2. Approve/deny the addition of one (1) senior planner. W-1 L�\)I E S CMG ca 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 March 24, 2021 DATE: March 18, 2021 FROM: Cynthia Smidt, Community Development, 541-317-3150 TITLE OF AGENDA ITEM: DELIBERATIONS: Conditional Use and Site Plan Review Appeal for Private Campground, File 247-20-000206-A BACKGROUND AND POLICY IMPLICATIONS: Deliberations on an appeal of a private campground at 64061 N. Highway 97. A public hearing was held on February 3, 2021. The Board established an open record period of 21 days. The record closed on February 24, 2021. The Board is tasked with determining if the proposal complies with the applicable sections of DCC 18.116, 18.124 and 18.128 and OAR 918-650. See attached staff memorandum for additional information FISCAL IMPLICATIONS: None ATTENDANCE: Cynthia Smidt, Associate Planner MEMORANDUM TO: Board of County Commissioners FROM: Cynthia Smidt, Associate Planner DATE: March 17, 2021 RE: Deliberations; Conditional Use and Site Plan review for a Campground (file 247-20- 000206-A)' The Board of County Commissioners (Board) held a public hearing on February 3, 2021 to consider an appeal filed by the property owner, Shawn Kormondy. This memo and attached decision matrices are intended to identify issues areas, summarize relevant findings and testimony, and provide a framework for a decision. Attached, for the Board's review, is the record from and since the public hearing. Written evidence and testimony was submitted into the record at the hearing and during the post -hearing open written record period. The evidence and testimony is detailed in the Attachment list at the end of this memo. Staff identifies key Board decision points in this memo. I. BACKGROUND Erik Huffman with BECON Civil Engineering and Land Surveying, on behalf of the property owner, Shawn Kormondy, submitted a request for a Conditional Use and Site Plan review for a private campground. The 9.53-acre subject property is located at 64061 N. Highway 97, which is just north- northwest of the Bend city limits and associated Urban Growth Boundary (UGB). The proposal is for a 15-site private campground with ten sites for tents, campers or trailers, and five for yurts. All 15 spaces are for overnight use. None of the campsites provide utility hook-ups, however. The campground identified two flush toilets, shower facility, lavatory, potable water supply, parking spaces at each campsite, access road, outdoor amenity and recreational use (e.g. natural canyon and trails), yurts, enclosed trash area, and communal area with gazebo. The existing residence is proposed for a camp caretaker or proprietor residence. No intensely developed recreational or commercial uses or activities such as swimming pools, tennis courts, retail stores, roadside stands, or gas stations associated with the campground use are proposed. The zoning of the property is Multiple Use Agricultural (MUA-10) and Landscape Management (LM) Combining Zone. Associated file numbers include the following: 247-19-000361-CU, 247-19-000362-SP, 247-19-000363-LM, 247- 19-000583-MA, 247-19-000879-MA, and 247-20-000788-MA. 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q1(541) 388-6575 @ cdd@deschutes .org @ www.deschutes.org/cd The initial public hearing before a Hearings Officer took place on September 11, 2019. The Hearings Officer issued her decision on February 26, 2020, denying the applicant's request for conditional use, site plan, and two modification of applications.' On March 9, 2020, the owner/applicant, Shawn Kormondy, filed a timely appeal, file no. 247-20- 000206-A. The applicant then extended the 150-day clock for 215 days, the maximum allowed per DCC 22.20.040. On November 23, 2020, the applicant filed for a third Modification of Application, file no. 247-20- 000788-MA, to allow the Board to review the appeal and its relationship to showers, wastewater, and water availability. The Board considered whether to hear the appeal of the Hearings Officer decision and subsequent modification on November 30, 2020.3 The Board decided the appeal shall be heard de novo. A work session in preparation for a public hearing was held on January 27, 2021.4 The public hearing itself was held on February 3, 2021 and the applicant agreed to the 14-day open record period, which concluded on February 17, 2021.5 The applicant's final arguments concluded on February 24, 2021. Background information on the record to date is available for inspection at the Planning Division. In addition, staff introduced the entire record during the above -mentioned Board meeting dates. 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 Oregon Administrative Rule (OAR) 918-650-0050(1) (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. Open space compliance (DCC 18.128.320(D)); and 2 Ibid. 3 November 30, 2020 Board Meeting: https://deschutescountyo.r.iqm2.com/Citizens/Detail Meeting.aspx?ID=2610 4January 27, 2021 Board Meeting: https://deschutescountyor.iqrn2.com/Citizens/Detail Meeting.aspx?ID=2673 5 February3, 2021 Board Meeting: https://deschutescountyor.iqm2.com/Citizens/Detail Meeting.aspx?ID=2675 247-20-000206-A and 247-20-000788-MA Page 2 of 4 4. These evidentiary deficiencies resulted in the Hearings Officer findings that several other criteria were also not met including the following: a. DCC 18.128.015, General Standards Governing Conditional Uses; b. DCC 18.124.060, Site Plan Approval Criteria; c. OAR 918-650-0025, Coordinating Regulation; d. OAR 918-650-0035, Plans and Specifications; e. OAR 918-650-0045, General Construction Requirements; and f. OAR 918-650-0050, Toilets To allow the Board to review the above noted issues, the applicant submitted a third Modification of Application, file no. 247-20-000788-MA, which addresses showers, handwashing facilities, adequate water supply and septic system for the campground. The attached decision matrices are intended to identify the Hearings Officer's issue areas of denial, noted above, in addition to, other issues areas raised by interested parties. IV. 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 1501h day on which the County must take final action on this application is April 22, 2021. Attachments: Evidence and testimony submitted at or before the public hearing. February 3, 2021 1. 2021-02-01 B. Levin Comments 2. 2021-02-01 C. Morehen Comments 3. 2021-02-01 D. Angelone Comments 4. 2021-02-01 John von Hurst Comments 5. 2021-02-02 G.M. Allen Comments 6. 2021-02-02 Jack von Hurst Comments 7. 2021-02-02 John von Hurst Comments 8. 2021-02-03 L. Fancher (Cramer Farms) Comments Post -hearing new evidence and testimony. February 10, 2021 9. 2021-02-05 J. Martinusen Comments 10.2021-02-05 P. Basile Comments 11.2021-02-08 L. Fancher (Cramer Farms) Comments for Site Visit 12.2021-02-09 G. Chrostek (Applicant) Comments for Site Visit 13.2021-02-10 B. Levin Comments 14.2021-02-10 Commissioner P. Adair Site Visit Report 247-20-000206-A and 247-20-000788-MA Page 3 of 4 15.2021-02-10 D. Bradshaw Comments 16.2021-02-10 S. Grymes Comments 17.2021-02-10 T. Levison Comments 18.2021-02-10 (2021-02-11) D. Hamlet Comments 19.2021-02-10 G. Chrostek (Applicant) Comments 20.2021-02-10 L. Fancher (Cramer Farms) Comments 1 21.2021-02-10 L. Fancher (Cramer Farms) Comments 2 Post -hearing rebuttal evidence and testimony. February 17, 2021 22.2021-02-17 L. Fancher (Cramer Farms) Rebuttal Post -hearing Applicant final legal argument. February 24, 2021 23.2021-02-24 G. Chrostek (Applicant) Final Argument Staff submittal 24. Decision Matrices a. Conditional Use Standards b. Oregon Administrative Rules c. Site Plan Review Standards d. Conditions of Approval 247-20-000206-A and 247-20-000788-MA Page 4 of 4 N A V N O O 00 N D Q V N O O C, O V Oo D 0 0 a O Q m d 0 X n c LA w o. w Q rD m 00 r) w 0 ? O m 'O C Qj n 3 'r ' 3 3 -0 c=D coo QaQ 7 W �. 0 NrD ? u o � CL A N C DQ v n O p n rD @ CL �. o o n D v ( n 3 Q , a< 3 m c rro a o v O 0 3 0 o m a m° m m o a� -p C f. N c v 3 m _ c 5CD vwi a DSi Q °�' w o o. rw�o y o. rn N - J DQ = g< m 3 w 3 — -O QO! 3 N 3 CfD-S p<. 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O O� W d LL a iJ C a T E o 0o a N o° o Y a 0° o° ao 0 0 rL u U U u m Y u G T C i aN tq w p v C p d d w N lu w 'o� i Y a c 3 c E c 0 n v v E y CL 0 y Y a o 0 v o 6 M 0 7 N 0 i6 w aL.+ j COLo C iE O OC a+ N NoL v p O N N 2 _ -O O C 10 O L L w` O 3 N o >' Ou Y N bA Y Y a LL O Y y C E -0 ca @ c m m M.o u > Q a c u° E m CL CL w u o c o c u o a c L C O pQ y O u a ° F a m n a CL a CL �' u o¢ m m v rn > u N o c m vS CL - CLw a Y E > O a u0 L C CL O O u a C ¢ a -w j E L o w e o f ° v `^ E nY m E O C -C uE N c O O 0 `, U� u O C p u v c O " > O o L p V N Y n L W c y a 0 u° � N O N N E C C C J O O L O T O W u a n _ _O DD 0 u C a C OC C C y 3 r 00 ' o 0 o Eo a Y 3 m = Y y L L' e a 0 m Q C c C O Q O O a N _ N C CL O E w O it m O u w a e v° v Cynthia Smidt From: Garrett Chrostek <Chrostek@bljlawyers.com> Sent: Wednesday, February 24, 2021 2:31 PM To: Cynthia Smidt Subject: Kormondy Hearing - 247-20-000788-MA/000206-A Attachments: Final Argument (01307453xB6300).pdf [EXTERNAL EMAIL] Cynthia, Please find attached appellant's final argument for inclusion in the record. Thanks, Garrett Chrostek Attorney & Shareholder r. chrostek@blilawVers.com P 541-382-4331 1 F 541-389-3386 1 591 SW Mill view Way, Bend, OR 97702 1 www.bljlawyers.com BRYANT, LON'LIEN &- JARVIS NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient or believe that you may have received this communication in error, please reply to the sender indicating that fact and delete the copy you received, to addition, you should not print, copy, retransmit, disseminate, or otherwise use this information, BEFORE THE DESCHUTES COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 247-19-000361-CU;-000362-SP; -000363-LM;-000583-MA; ( Appellant's Final Argument 247-20-000788-MA; 000879-MA; 247-20-000206-A ( APPELLANT/ OWNER: Shawn Kormondy/Shawn Kormondy IRA c/o Bryant, Lovlien & Jarvis, P.C. 591 SW Mill View Way Bend, Oregon 97703 APPLICANT: Erik Huffman, BECON Civil Engineering & Land Surveying 549 SW Mill View Way, Suite 100 Bend, OR 97702 ATTORNEY: Garrett Chrostek Bryant, Lovlien & Jarvis, P.C. 591 SW Mill View Way Bend, Oregon 97703 LOCATION: The subject property is located at 64061 N. Highway 97 Bend, Oregon 97701, and described as Map 17-12-04, Tax Lot 800. REQUEST: A conditional use and site plan review to develop a campground facility in the Multiple Use Agriculture (MUA-10) Zone and Landscape Management Combining (LM) Zone. I. INTRODUCTION: In this proceeding, the Board of County Commissioners ("Board") is considering a modified proposal in the first instance to develop a campground on the subject property. A prior version of the proposal was denied by hearings officer over concerns regarding watered -sinks and showers in the restroomsl and capacity of the water and septic systems if watered sinks and showers were added? The modification included watered -sinks and showers in each restroom and supplemental technical information form a licensed engineer that demonstrates the sufficiency of the water and septic systems to support the proposal. Accordingly, the proposal ' The hearings officer found hand sanitizing stations within the restrooms and an exterior watered -sink in the communal are were insufficient. 2 The staff report suggests that there were lot coverage issues, but the hearings officer's decision actually provides that that lot coverage standards are inherently met based on compliance with the setback requirements. Final Argument Page 1 of 10 {19400001-01307453;1} fully resolves the concerns of the hearings officer. The arguments raised by the opponents in these proceedings were properly rejected by the hearings officer and the proposal should be approved. H. WATERED -SINKS AND SHOWERS There is no dispute that the applicant is proposing the watered sinks and showers3 required by the hearings officer. They are shown in submitted plans, which show the layout of the bathroom facility. III. SUFFICIENCY OF WATER AND SEPTIC FACILITIES Deschutes County approved a 1,500 gallon per day septic system on the subject property 4 Based on minimum U.S. Forest Service standards for campgrounds with flush toilets and showers, this system could support up to 75 persons. The supplemental analysis submitted by BECON Civil Engineering and Land Surveying conservatively utilizes 30 gallons per person per day to demonstrate that there is adequate capacity for 50 persons, which the applicant believes is an appropriate cap on total occupancy. The assumed usage is conversative because of the "absence of utility hookups and proposed use of low flow, water saving toilets, showers, and other fixtures" and because at least some guests will inevitably elect to utilize self-contained water sources in modern RV and trailers as opposed to the facilities provided by the campground. In sum, 50 persons is a conservative cap on guests within the campground with respect to water and septic capacity. The existing well produces more than enough water to supply this proposal and the proposed cistern provides additional storage capacity (and fire resiliency). The approved septic system is more than sufficient to service the proposed campground even with the addition of watered -sinks and showers. IV. DCC 18.120.020(C) — LOT SIZE The opponent argues that the proposal must be denied because of DCC 18.120.020(C), which addresses sub -standard lots. The opponent's argument incorrectly suggests that the subject property is sub -standard and also advances an incorrect reading of DCC 18.120.020(C). The Deschutes County Code defines "lot area" as follows: 3 The opponents have argued about the functionality of the proposed showers. Specifically, the opponents assert that a shower should be a separate space from the rest of the bathroom that is accessible from a separate door. There are no specific standards for the bathroom/shower facility and there are pros and cons as to whether the showers should be separately accessible or integrated into the remainder of the bathroom. The proposed showers could be designed either way without significantly modifying the facility itself (location, footprint, appearance, etc.). If the Board has a preference, applicant is fine with either design. 4 It must be noted that the County approved septic system has a tank capacity of 3,000 gallons (twice the daily maximum design flow), which is a safeguard against surge use. Final Argument Page 2 of 10 { 19400001-01307453;1 } "Lot area" means the total horizontal area contained within the lot lines. Said area shall be computed as gross area for lots larger than 2.5 acres and net area for lots 2.5 acres and smaller. The total horizontal net area within lot lines of a lot is that square footage of a lot that is free from roads, streets, rights of way or easements of access to other property. Provided, however, that the Planning Director or Hearings Body shall include in gross lot areas all streets, roads, and easement of access to other property that would accrue to that lot if the road, street or easement were vacated, and shall treat the gross area of lots that have never been previously described of record as other than fractions. As is evident from the foregoing definition, lot area is a measurement of gross area. If Highway 97 were vacated, the portion of the Highway 97 right-of-way that fronts the subject property up to the mid -way line of the right-of-way would accrue to the subject property. This results in substantially more than 10 acres. However, even if the subject property were substandard, nothing in DCC 18.120.020(C) precludes an approval. DCC 18.120.020(C) provides in full as follows (emphasis added): C. Any lot or parcel that is smaller than the minimum area required in any zone may be occupied by an allowed use in that zone provided that: 1. The lot or parcel is a lot of record, as defined in DCC18.04.030, Lot of record. 2. The use conforms to all other requirements of that zone. 3. If there is an area deficiency, residential use shall be limited to a single dwelling unit. 4. All necessary permits are obtained. This provision provides that substandard parcels may be developed with any use allowed in the zone provided the four identified standards are met. The subject property is a lot of record per the determination in 247-17-000113-LR. The hearings officer found that the proposal would meet all of the other requirements had watered -sinks and more information on showers been provided. The opponents erroneously read subsection (C)(3) as limiting any use of the property to a single-family dwelling. The correct reading is that subsection (C)(3) only places restrictions on residential uses of substandard parcels (specifically, residential uses on a substandard parcel are limited to a single dwelling unit. The proposal is a commercial use (as determined by the hearings officer) and applicant is not proposing residential uses beyond the existing single dwelling unit. Applicant is seeking a conditional use permit, a necessary permit, which the hearings officer conditioned upon obtaining all other necessary permits. V. DCC 18.124.070(C)(2)(a) — WALKWAYS The opponents argue that the hearings officer failed to require paved walkways within the campground. The hearings officer correctly resolved this issue by finding as follows: The Hearings Officer finds that construction of a hard -surfaced walkway is but one technique to meet the requirements of subsection 2(a) for internal pedestrian circulation and is not directly required to establish compliance with these criteria. Final Argument Page 3 of 10 {19400001-01307453;1} The proposed campsites are generally clustered in the center of the subject property, which the Hearings Officer finds will meet internal pedestrian circulation requirements. As staff noted in the staff report, as common with many public and private campgrounds, pedestrian circulation will occur on the main road through the campground. The hearings officer's finding is correct because subsection (C)(2)(a) identifies multiple ways in which "internal pedestrian circulation shall be provided" for commercial development (including the catchall "similar techniques") in recognizing that one particular technique does not always make sense. For example, it would make no sense to establish a walkway to Highway 97, a busy transportation facility with little to no pedestrian amenities, or otherwise to buildings that are not open to the public. If the Board disagrees for some reason, a condition of approval could be added.5 VI. DCC 18.128.320(D)(5) — Driveway Surfaces The opponents argue that "all-weather, dustless surface", necessarily means a paved surface. The Deschutes County Code regularly uses the term "paved" or "impervious surface",6 which signifies that the County knows how to make paving a requirement if that is what is intended. The clear aim of "dustless surface" is to expand options for roadway surfacing to anything other than a dirt road as gravel roads are common within campgrounds. The opponents' interpretation is also inconsistent with the actual function of roadways. The hearings officer acknowledged the following testimony: The applicant submits that 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 the surface of a paved drive and be pushed into the air from vehicles. The applicant states this position is supported by statements from the applicant's engineer, experienced in dust - control matters. Accordingly, gravel is a dustless surface as the rock surface, and gaps between rocks, allows dust to settle into the road as opposed to remain on the surface (as is the case for asphalt, which arguably renders paved surfaces other than a "dustless surface" under the opponents interpretation of the term). It must be further noted that none of the site visit notes identify any issues with dust despite the observers' use of the existing gravel driveway, which will be continued into the remainder of the site. The proposed gravel driveway, with speed restrictions, and routine maintenance required by the Hearings Officer, qualifies as a dustless surface, will perform as good or better than an impervious surface, and meets every other applicable roadway standard. 5 It must be noted that guests do not need to enter the residence as check-in/contacting the manger can occur through telephone or electronic means. 6 See DCC 18.128.170(B) (requiring that roadways within RV parks be "paved with asphalt, concrete, or similar impervious surface") Final Argument Page 4 of 10 {19400001-01307453;1} In the alternative, the hearings officer determined that an exception to the paving requirements is appropriate under DCC 18.116.030(F)(4) because the property is located outside of an unincorporated area and the measures proposed will allow for maintenance in a manner which will not create dust problems for neighboring properties. VII. DCC 18.128.170 The proposal is not an RV park or otherwise subject to DCC 18.128.170 as suggested by the opponents. RV parks do not allow yurts, RV parks require hook ups for water, sewer and electricity (which are prohibited in a campground), and require more developed amenities such as cloths washing facilities. The proposal squarely constitutes a campground as applicant is not proposing key amenities permitted within or required by an RV park. VIII. FIRE HAZARDS The opponents' inclusion of additional new evidence regarding fire during the rebuttal period is not properly before the Board as the opponents are not offering it rebut anything. Nonetheless, fire is a concern taken seriously by the applicant. The applicant has agreed to significant restrictions on the use of fire within the campground and has invested in a cistern and irrigation infrastructure, above and beyond requirements, to respond to fire should it ever occur. Moreover, all uses in Deschutes County are subject to the provisions of Deschutes County Code Chapter 8.21, which imposes a host of restrictions and measures to reduce wildfire risk including requirements for defensible space and hazardous fuels reduction. The subject property is no more fire prone than other properties in the vicinity, the proposed use is safer than the unregulated camping presently occurring within and around Deschutes County, the subject property is within the Bend Rural Fire District, the Bend Fire Department and State Fire Marshall had no particularized concerns regarding the proposal, and there is no evidence in the record that other private campgrounds in Deschutes County or elsewhere actually exhibit higher numbers of fire incidents. The evidence reflects that both Deschutes County and the Applicant have taken significant actions to reduce fire risk. Denial of the proposal based on proffered testimony of fire risk would not constitute substantial evidence. Moreover, it would signal that Deschutes County is closed to development given that all uses present some form of fire risk. IX. ACCESS The record contains a review of access sufficiency from a licensed transportation engineer, which was reviewed by the County transportation planner, County Road Department, and ODOT. None of these experts identified any basis to deny the proposal provided appropriate access permits and improvements are made. Those requirements are memorialized in conditions of approval proposed by the hearings officer (see, proposed conditions G, J, and K). A finding to the contrary would not be based on substantial evidence given the apparent consensus amongst experts. Final Argument Page 5 of 10 {19400001-01307453;1} X. DCC 18.128.320(D)(10)(b) — REQUIRED SETBACKS The opponents suggest that the existing development (the dwelling, pond, pumphouse, cistern, and outbuildings) on the site constitutes a "developed portion of the campground" that is not in compliance with the 100-foot setback requirements. As noted above, none of the existing development is open to guests of the campground. The existing dwelling is simply the residence for the onsite manager, who can be contacted through telephone or electronic means. Similarly, the existing outbuildings and other improvements are not part of the campground in that they are not available for guest use. With the exception of the drain field, all new development is located within the proposed setbacks7 and none of the existing improvements outside of the setbacks are open to guests. The applicant has already proposed signage to alert guests as to what areas are off limits to prevent trespass and unauthorized use and, if approved, is willing to relocate the existing utility shed closest to the Cramer Farms property into the development area as a courtesy given that it has not been affixed to the ground. The hearings officer resolved the drain field issue by finding as follows: The Hearings Officer finds that the drain field constitutes a developed portion of the campground under these criteria. I further find that the setback requirement in DCC 18.128.320(D)(10)(b) may be waived, provided that a condition of approval is imposed requiring the applicant to install segments of solid wood fencing for screening, where such fencing does not exist on the subject property. The Hearings Officer notes that other conditions of approval would require retention and maintenance of existing vegetation to provide screening and buffering from neighboring properties. The applicant accepted this condition of approval. The hearings officer implicitly considered the existing improvements to not be developed portions of the campground. The Board should expressly make such a finding or, in the alternative, grant a waiver for all such existing development. A waiver is appropriate because these features do not create any impacts above and beyond what exists today (and the opponents do not cite any impacts other than misconceptions that guests can use these area). As identified above, applicant is open to further screening if necessary, but notes that none of the site visit notes reflect any concerns with the visibility of the existing improvements. XI. DCC 18.128.320(D)(2) — CAMP SPACE SIZE AND SPACING The campground features .9 acres, or 39,204 square feet, of developable space. The 15 camp spaces require a total 24,000 square feet, which leaves ample room (more than 38% of the developable area) for a configuration that meets the 10-foot spacing requirement and a 180 square foot restroom. Given the available space, the hearings officer found that this criterion could be met and imposed a condition of approval accordingly. The boundaries of the individual 7 Contrary to opponent assertions, the trash receiving area is located central to the site immediately adjacent to the driveway. Final Argument Page 6 of 10 {19400001-01307453;1} spaces have no impact in and of themselves as long as they are within the proposed setbacks and generally screening condition imposed by the hearings officer continues to apply. XII. PARKING DIMENSIONS The proposal continues to be 20-foot parking spaces notwithstanding references to the contrary. As broken down above, and as shown on the submitted plans, there is plenty of room to fit compliant spaces without encroaching into setbacks. As identified above, applicant is open to further screening if deemed appropriate including a screen behind each parking space. XIII. ADA COMPLIANCE For the first time on rebuttal, the opponents raise additional ADA concerns. The door was not open to such rebuttal and the source materials for the referenced guidelines were not included in the record. Accordingly, the Board must disregard such evidence and argument as parties could not meaningfully respond given the structure of the open record period. Nonetheless, the applicant takes accessibility seriously and desires to provide an inclusive environment. The hearings officer resolved ADA issues as follows: The County Building Safety Division will notify the applicant of any accessibility requirements at the time of building permit review. The Building Safety Division submitted comments on this application as part of the proceedings and did not raise any ADA concerns. This is likely because the campground already meets or could meet ADA standards. If for some reason the Board believes it must deny the application based on ADA compliance, as opposed to impose conditions, it must offer the applicant the opportunity to modify.$ Like the hearings officer, the appellant believes ADA compliance is a technical issue that can be resolved during the building permit review process. Between the required setbacks and the obligation to provide screening, adjustments to the site to achieve ADA compliance will not generate new or unique impacts. XIV. NOISE As noted in the submitted noise study, the topography, existing vegetation, setbacks, and ambient highway noise (confirmed in site visit notes) will allow for compliant noise levels at all property boundaries. Accordingly, technical adjustments within the setbacks do not change any impact or function of the site with respect to noise. XV. GRADING No grading plan was submitted because no mass grading is proposed or needed to develop the site. The site was carefully designed to locate sites around existing trees and rock outcroppings 8 The issue mirrors the composting toilet issue. Composting toilets were not identified as an issue until after the close of the record. In light of this timing, the hearings elected to require a modification rather than imposing a condition of approval. Final Argument Page 7 of 10 (19400001-01307453;1} to minimize site disturbance. The submitted plans show how these features are overwhelmingly preserved. The parking spaces are leveled through application of gravel as shown in the submitted plans. Yurts are not a permanent structure and are either installed around the existing topography or placed on platforms as shown in the submitted yurt pictures. These design features obviate the need for significant grading. XVI. FENCING The appellant must reiterate that the appellant neither cut/damaged, nor directed anyone else to cut/damage, any existing fence.9 The appellant has offered and continues to offer to restore the portion of the fence on the Kormondy property, even though Mr. Kormondy did not cause such sections to be removed, to its current design or such other design as the Board prefers.10 The appellant also does not contest the condition of approval regarding the fence. XVII. TRAILER AS A RESIDENCE The opponents continue to allege violations related to past use of an Airstream trailer on the Kormondy property. These arguments continue to conflate use of a trailer for visitation purposes versus use of the trailer as a residence. The opponents cannot point to any provision of the County Code that prohibits use a trailer for visitation purposes and Deschutes County did not issue any citations when complaints were filed. Residential use of the Airstream never occurred on the Kormondy Property whereas the opponents do not deny the trailers were occupied as a residence for several years on the Cramer Farms property. However, in any event, the trailer issue, for both parties, is moot because the trailers at issue are no longer located on either property. XVIII. DCC 18.128.015(A)(1) SUFFICIENCY OF SITE The hearings officer resolved this issue in stating: The site appears to be of sufficient size to accommodate the 15-site campground as proposed, but notes that the location of a shower facility has not been shown on the proposed site plan. There appear to be no significant natural site features, which would preclude siting of the campground on the property. A shower facility has been proposed. XIX. IRRIGATION DITCH 9 Including, without limitation, any fencing on the south side of the Cramer Farms driveway as noted in prior testimony. That fencing was in its present condition at the time the Kormondy shed was moved across the Cramer Farms property with the consent of the tenant. The direction of travel was explained to the tenant prior to any moving activities with no objections. 10 Prior proposals for six strand fencing was not spiteful as suggested, it was simply to avoid issues that the current design of the fence is insufficient. Final Argument Page 8 of 10 {19400001-01307453;1} Again, nothing opened the door to evidence/argument on the old irrigation ditch. In any event, this ditch was abandoned long ago and Swalley Irrigation District's comments do not identify any problem with the ditch as it is private and no longer serves any purpose. The ditch would be reclaimed to provide a safe and attractive site. XX. CONDITIONS OF APPROVAL The conditions of approval in the May 15, 2019 letter from Liz Fancher were never agreed to by Mr. Kormondy because they required drastic alterations to the property (removal of the pond) and reflect a different proposal altogether (i.e. restroom west of the natural canyon to serve yurts west of the canyon). Accordingly, the opponents proposed condition of approval KK does not make sense. Mr. Kormondy did agree that rules made sense (i.e. use of campfire, quiet time, etc.), which were first memorialized in the September 18, 2019 letter from BECON and further refined in BECON's October 9, 2019 final argument to the hearings officer. The appellant has no objection to specifically referencing the rules set out in the final argument in a proposed Condition of Approval JJ drafted as follows: JJ. Each guest will receive a copy of the rules and sign an acknowledgement as part of the reservation process. Rules will also be posted on the restroom facility. The applicant is also responsible for operating the campground in compliance with the rules. The rules must include, at a minimum, all conditions of approval related to guest use of the campground and those additional operational requirements identified in the October 9, 2019 letter from BECON Civil Engineering & Land Surveying. The appellant also has no objection to changes proposed by the opponents for Condition L (changing quiet hours from lOpm to 9pm) and Condition N(4) (changing setback from Highway 97 to 300 feet. XXI. AVOID ITERAVIE APPLICATIONS The conditional use process combined with the rigid rules on modifications together require that the applicant essentially get it exactly right based on its best guess as to how the hearings body will evaluate subjective criteria. While the appellant believes 15 spaces and 50 persons is appropriate and supported by the evidence, as did the hearings officer, the appellant would rather the Board tailor the scope of the campground to something it is comfortable with than see a denial because the proposal is off by a couple of spaces. If spaces must go, the appellant suggests Y1, S6, and S7 (in that order) as these seem to be the most contested spaces within the proposed campground. XXII. CONCLUSION In conclusion, the application satisfies or could satisfy all applicable approval criteria. The proposed campground should be approved with the conditions imposed by the hearings officer with the amendments proposed under Section XX. Final Argument Page 9 of 10 (19400001-0130745311 } Dated this 241h day of February, 2021 GARRETT CHROSTEK OSB# 122965 Attorney for Applicant Final Argument Page 10 of 10 {19400001-01307453;1} Cynthia Smidt From: Liz Fancher <liz@lizfancher.com> Sent: Wednesday, February 17, 2021 3:24 PM To: Cynthia Smidt Cc: Aaron Lafky Subject: Response to Post Hearing Comments re Kormondy Campground Attachments: Response Letter to BOCC 2021-02-17.pdf [EXTERNAL EMAIL] Cynthia: I dropped off four copies of the attached document — one for the Planning Division file and one for each of the Commissioners. I am filing it with you (the Planning Division) for inclusion in the record of the Kormondy/Huffman appeal, as required by the County's procedures ordinance. Please place these documents before the Board for consideration — so that they are a part of the official record. 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 FANcRE2, Arro2NEY February 17, 2021 BOARD OF COMMISSIONERS CIO CYNTHIA SMIDT DESCHUTES COUNTY CDD 117 NW LAFAYETTE AVENUE BEND, OR 97703 Delivered by e-mail and hand delivery Re: 247-20-000206-A/247-20-000788-MA, Kormondy Campground Appeal I am writing on behalf of Cramer Farms, LLC to respond to comments filed in the record of the above -referenced appeal. The decision appealed is a denial of applications to establish a 15-space campground on a small property zoned MUA-10. COMMISSIONER ADAIR — SITE VISIT REPORT Adair: Fire safety will be a never-ending issue for the neighborhood. Response: We agree. This is one of our primary concerns. On August 15, 2020, a 40-acre wildfire was started near the Kormondy campground by a camper's motor home engine and exhaust system. It burned nearly 40 acres of land. The wildfire incinerated motor vehicles in B&R Auto Wreckers yard that is about 475 feet NE of the Kormondy property. Evacuations were ordered for large areas of homes in NE Bend as a result. The expense of fighting the fire was significant as an air attack was — 2 — February 17, 2021 required to fight the fire. We've enclosed two articles about the fire with this letter, Enclosures 1 and 2. Two neighbors who live east of Highway 97 have objected to approval of the Kormondy campground due to fire risk and their experience with the August 15, 2020 fire. According to neighbors Paul Bastile and Jill Martinusen, Suterra, a chemical plant (pest control), and other businesses that store flammable materials are located in nearby Juniper Ridge. According to these neighbors, the area is very dry and consistently at risk of fire. There are many reasons the Kormondy campground presents an enhanced risk of fire for neighbors. The RV parking spaces in the Kormondy campground are very shallow — many only slightly deeper than a standard car parking space (20' depth required).' When a motor home backs into a parking space its hot exhaust system will surely extend out beyond the parking space into the brush — creating a risk of igniting a wildfire. ' The depths of spaces are, in ascending order: 20.6', 21.3', 22.3', 24.1', 25.2', 26.3', 28.3', 28.3', 28.5' and 31.3'. _ 3 _ February 17, 2021 RVs and motor homes use and carry propane we assume they will use because the campground will not provide hook-ups. Motor homes and RVs typically have refrigeration, heating systems, hot water heater and electrical system that spark fires. RVs and motor homes are highly flammable. According to the National Park Service, the National Fire Protection Association estimates that 20,000 RV fires occur annually. Given these facts, crowding fifteen families and 10 RVs and 5 flammable yurts onto a small .9-acre area of land surrounded by native vegetation without providing a fire hydrant is unacceptably risky. The campground also includes a fire pit and an outdoor grill. Campers may also bring and use camp stoves. We are also concerned that campers will smoke (tobacco or cannabis) in the natural open space buffer between the campsites and neighboring properties and may ignite a fire in dry, natural vegetation. Adair: Access off of Hwy 97 is rather challenging. Response: We agree. This is a basis for denial of the conditional use permit. DCC 18.128.015(A)(2) (transportation access must be adequate). Adair: 97 highway traffic noise was significant. Response: We question whether a site that is so impacted by traffic noise is suitable. Many campers will be camping in tents that will provide little if any noise buffering. DCC 18.128.015(A)(1)(site must be suitable considering operating characteristics of the use). — 4 — February 17, 2021 Adair: The actual 9+ acres are only 330 feet wide. The 100 ft setbacks on each side clearly constrain the campground design. Response: The 100-foot setbacks leave a strip of land 130'-wide for campground development. This is one of the reasons the site is not suitable for a campground as it must be to comply with DCC 18.128.015(A)(1). It also may not be able to comply with requirements imposed by the Building Official during building permit review as required by OAR 918-650-0020 and County campground rules. The narrow width of the 130'-wide strip may make it infeasible for the applicant to comply with ADA requirements (discussed below) when the site plan is reviewed by the Building Official. This seems likely because the applicant's site plan already proposes campground development within 100 feet of adjoining property lines and, therefore, violates DCC 18.128.320(D)(10)(b). Campground development in the 100-feet buffer area includes: septic drain field (almost touches the northern boundary), the "existing" utility shed, a part of the caretaker's house/check-in area for campers, an outbuilding south of the residence, most of the well pumphouse and cistern building, part of the trash receiving area, parts of the trail through the rock feature (the trail must be developed to meet ADA standards), irrigation pond, and the existing septic drain field for the caretaker's residence. The applicant has requested a waiver of the 100-feet buffer requirement for the septic drain field. The hearings officer found the buffer could be waived for the septic system "provided that a condition of approval is imposed requiring the applicant to install segments of solid wood fencing for screening, where such fencing does not exist on the subject property." p. 55, Hearings Officer's Decision. The applicant's 2020 site plan, however, shows wire boundary fencing — not the wood fencing required by the hearings officer. As the site plan does not provide screening landscaping and buffering of development in the 100-foot buffer required by DCC 18.128.320(D)(10)(d), it does not merit approval of an exception. The applicant has also failed to seek approval of a waiver of the 100-foot setback for any of the other campground development he has proposed in the setback. As a result, the application should be denied. A denial would be consistent with the Board of Commissioners' denial of a setback waiver requested for the Mazamas Foundation campground. Even though the Mazamas Foundation offered extensive landscaping, a berm and fencing, including a seven -foot -tall privacy fence, the Board found that the potential for visual and noise impacts from a campground use are significant and not offset by such measures. Additionally, the BOCC — 5 — February 17, 2021 found "that the greater the requested setback waiver [in that case to 75 feet], the greater the necessary buffering and screening." See, Attachment 8, Cramer Farms Post -Hearing Comments to Hearings Officer Marshall, p.2. The septic drain field is approximately 10 feet from the northern property line and is not screened by any landscaping or by any other measures (site plan shows retention of wire fencing). Adair: There is a significant property line dispute. Response: There is. Mr. Kormondy escalated the dispute in 2020 by improving fencing on land Kormondy's site plan that denies Cramer Farms access to land that Kormondy has said is owned by Cramer Farms. The campground site plan shows existing boundary line fence. It does not propose new fencing. The hearing officer found that the existing fence should be retained with new solid fencing to fill in along this line to provide screening. The applicant should be expressly prohibited from building a new boundary fence in any other location. A new fence built on the claimed boundary line would deny the tenant on the 64045 N Hwy 97 Cramer Farms property access to his home. It would also terminate shared driveway access to a Cramer Farms property located west of 64045 N Hwy 97 at 64023 N Hwy 97. Adair: Grading will be necessary for level "pads." Rocks everywhere. Response: The applicant has not provided a grading plan. A grading plan is needed to allow the Board to determine if the campground will minimize visual impacts and preserve natural features (including topographical features) and whether it will preserve existing topography to the greatest extent possible are required by DCC 18.124.060(A) and (B). The fact that the site is rocky with notable grade changes also calls into question whether the site is suitable for a campground as required by DCC 18.128.015 (A)(1) and (3). GARRETT CHROSTEK — FEBRUAY 10, 2021 NEW SITE PLAN SHEET C-03 Mr. Chrostek's legal assistant filed a modified site plan, Sheet C-03. It proposes a new configuration of campsites. This plan is confusingly dated July 31, 2020 but appears to be intended to replace Sheet 3 of the applicant's site plan dated December 9, 2019 — the latest version of this sheet of the applicant's site plan. It changes the locations of the campsites in the campground. There are two major problems with this new site plan: (1) it cannot be accepted and considered by the Board because it is a "modification of application" as defined by DCC — 6 — February 17, 2021 22.04.020;2 and (2) the new plan does not meet campground approval criteria and will not provide the 10' of separation between campground space required by State law and County code. Modification of Site Plan Required to Include New Plan in Record The new Sheet C-03 site plan is a "modification of application" as defined by DCC 22.04.020. This is the case because the new site plan changes the site lay out and size and location of campsites in a way that requires the findings of fact to be changed. A modification may not be proposed by an applicant unless he files a land use application, modification fee and agrees to restart the 150-day clock prior to the close of the record. DCC 22.20.055. The record closes on February 17, 2021. To date, the applicant has not sought permission to modify his application. Unless he does, the code provides that the C-03 site plan may not be considered by the Board in deciding whether to approve or deny the campground applications. Modified Sheet C-03, moves Campsite Space S5 to an area that does not comply with DCC 18.128.015 (A)(1) and (3) because it is not suitable for camping. The new area is bisected by an old irrigation ditch — a fact not disclosed by modified Sheet C-03. The land west of the ditch rises noticeably. It is likely that a number of trees that partially screen the bathroom from view by the property to the north will be removed to make this area a camping space. The following is the new location of Space S5: 2 The new site plan was filed by Mr. Chrostek's office. Presumably, Mr. Chrostek is acting on behalf of the applicant, Erik Huffman. Mr. Huffinan acted on behalf of Mr. Kormondy, the property owner, in the hearing below. — 7 — February 17, 2021 The irrigation ditch that bisects modified Space S5 is shown on the July 17, 2019 version of Sheet C-03 below (ditch is located in area where numerous black topo lines are shown a short distance west of the former western boundary of Space S5): 1345.5t' va YQ. i A ( ` S2 SA S yy/ .36CK S' b , SD The modified site plan, therefore, no longer complies with DCC 18.124.060(A) and (B) that require preservation of existing landscaping (trees) and topography "to the greatest extent possible." DCC 18.124.060(B). The presence of an irrigation ditch in the middle of a campsite also fails to provide the safe environment required by DCC 18.124.060(C). The excerpt from the modified site plan (see page 6, above) also shows that the 10-foot separation required by OAR 918-650-0045(2) and-0055(1) and DCC 18.128.320 is not provided between Space S6 and ST The parking space for S7 is located in the area shown as the required 10-foot-wide separation between spaces. The modified plan, therefore, does not rectify the spacing problem first identified by Cramer Farms in 2019. New Site Plan Sheet C-03 Not Code or ADA Compliant Parking Spaces — The applicant's burden of proof tells the Board of Commissioners that all campground parking spaces will be 20 feet deep — the depth required by Table 1 of DCC 18.116.030(G)(see page 6, November 20, 2020 applicant's burden of proof). This is also what the applicant told the hearings officer. The new Plan Sheet C-03, however, proposes parking spaces for yurts that are only 18 feet deep. These spaces must be the 20' deep promised by the applicant to meet code. Unfortunately for the applicant, adjusting these parking spaces results in the following code and state law violations: Yurt 1 A space 20 feet deep will extend into the 100' buffer area where campground development is prohibited. _ 8 _ February 17, 2021 Yurt 4 A space 20 feet deep will extend into the 10-foot-wide separation area required by OAR 918-650-0045(2) and-0055(1) and DCC 18.128.320. Preliminary Site Plan — Sheet C-03 is stamped "preliminary" — indicating that it may be changed before it is built. These changes are expected to be significant because the site plan will be required to undergo a review by the County Building Division required by OAR 918-650-0020. One of the reasons the hearings officer denied the application was that it was unclear that the applicant would be able to obtain this needed approval. The Building Official's review will require compliance with the ADA. Changes to the C-03 site plan will be required to meet ADA requirements. These changes will impact neighboring property owners and residents, especially if improvements are required in the 100' setback area. As a result, if this application is approved, we ask that the plan filed with the Building Official be subject to a land use land use review if any change is made to the "preliminary" site plan. The following are ADA requirements that will need to be met during building official review that will require the applicant to make significant revisions to his site plan: At a minimum total of two campsites must be ADA accessible campsites for each type of campsite provided by the campground (Rule 244.2 and Table F244.2 of The Guide to ADA Standards, discussed below): ADA Accessible Sites per Campground ADA accessible campsites per campground is based on the actual total amount of all campsites 2to25 Source: Oregon State Parks, ADA Quick Reference Guide (enclosed). 2. The Guide to the ADA Standards published by the United States Access Board (federal agency) explains requirements imposed by the current edition of the ADA Standards issued by the Department of Justice and the Department of 9 _ February 17, 2021 Transportation. The requirements for Camping Facilities are set out in Section F244 and referenced sections of the Guide. These requirements include: Table F244.2 requires a minimum of two camping units with mobility features for a campground with two to 25 spaces for each type of camping unit provided if more than one space of that type is provided. This means that Mr. Kormondy will be required to provide at least four ADA accessible campsite — two RV spaces and two yurts/tents. If yurts and tents are considered different types of camping unit a total of six accessible site will be required — 2 for RVs, 2 for tents and 2 for yurts. * F244.2.2 — requires accessible camping units to be dispersed and allow a choice of space type. F244.2.3.1 and F244.3 — require that ADA space picnic tables, the trash and recycling receptable, fire ring, community grill, and at least two benches in the gazebo and the community water hydrant meet the accessibility requirements of F 1011. F 1011 requires clear ground space around these campground amenities and that the facilities be built to assure accessibility. This space must adjoin an outdoor recreation access route or trail or another clear ground space. These spaces are not proposed by the applicant's site plan and it is not clear that they can be met on the site as proposed by the modified C-03 site. F244.2.3.1 — requires two of the RV parking spaces to be provided and to meet the accessibility requirements of F 1012.2, 1012.4 and 1012.5 (20' wide space, firm surface, no steeper than 1:48 in any direction). None of the RV spaces proposed by the applicant meet this requirement. * F244.2.3.2 — requires two tent or yurt parking spaces that comply with F1012.2, 1012.4 and 1012.5 (16' wide, firm surface, no steeper than 1:48 in any direction). The revised C-03 site plan states that the ADA space proposed for Yurt 5 is only I V feet wide. F244.5.2 — requires an outdoor access route from all ADA campsites to and within common use areas such as the gazebo, fire pit, yard hydrant, bathroom, caretaker home (check -in), recreational trail, etc. No such route has been proposed with the exception of providing a short route to the bathroom. A part of this route is located in the campground 20-foot- wide driveway which we believe violates County code requirements that require the applicant to provide a safe environment for campers. An outdoor access route must meet the standards of F1016. These standards include a path width of 36 inches, firm and stable surfacing, passing spaces 60" x 60" every 200' if clear width less than 60" and a maximum grade of 10%). These standards or trail standards that allow a t -10 — February 17, 2021 12% maximum grade should apply to the trail proposed in the rock outcropping. The following is an illustration of trail standards provided by Oregon State Parks: Trails No preference as long as it's compact surface such as concrete, asphalt, compressed gravel. Width: 36" minimum Passing Space: 60" x 60" minimum Cross Slope: 2% to 5% maximum 2% TO 5% MAX CROSS SLOPE (1525 mm Y..., MIN a-- r4 60" (1525 mm)---\ MIN The applicant will not be able to comply with this ADA requirement because the construction of a trail through the recreational amenity will require trail improvements to be located in the 100-foot "no campground improvements" buffer areas on both the north and south side of the rock feature. DCC 18.128.320(D)(10)(b). As a result, this application must be denied as the applicant cannot provide the "outdoor amenity that is accessible for recreational use by the occupants of the campground" required by DCC 18.04.030, Campground because it is in the 100' setback. F1012 — requires that parking spaces for RV/ADA accessible units must be 20 feet wide and that other ADA camping units must have a parking space that is 13 feet wide. Parking Space Landscaping — The prior site plan was determined by the hearings officer to comply with DCC 18.124.070(B)(2)(d) and (e) by retaining natural landscaping that the applicant advised "will be located in defined areas, between and around all parking spaces, and will have a width of at least 5 feet." The revised site plan neither defines nor provides protection of natural vegetation as promised by the applicant. It is difficult to imagine that natural landscaping will remain around parking spaces after the applicant completes the grading needed to build level campsites and parking spaces. -11 — February 17, 2021 GARRETT CHROSTEK, ATTORNEY FOR SHAWN KORMONDY — FEBRUAY 9, 2021 NARRATIVE Mr. Chrostek filed a response on February 9, 2021 to my letter of February 8, 2021. His response contains detailed information related to Mr. Kormondy's vandalism of and trespass on the Cramer Farms property. Mr. Chrostek does not, however, offer any response to our evidence that Mr. Kormondy or someone acting on his behalf cut a Cramer Farms fence that is south of the Cramer Farms driveway, removed fence posts and then drove through the Cramer Farms pasture to reach the camping location on the Kormondy property — impliedly admitting that Mr. Kormondy tore out a section of fencing that is indisputably located on the Cramer Farms property. Mr. Chrostek admits that Mr. Kormondy's mother-in-law and his daughter were staying in the Airstream trailer. Mr. Chrostek implies that use of the Airstream by overnight visitors is lawful by arguing "nobody has lived or resided in the airstream on the Kormondy property. It has been occupied on a short-term basis in the past by visitors to the Kormondy property as is typical of rural properties." In fact, RV or trailer camping by visitors and family members is a code violation. To be permitted, a use must fit in one of the uses allowed in the MUA-10 zoning district or be otherwise authorized by DCC Title 18 — which this use is not. DCC Title 18 allows temporary occupancy of RVs, with prior County approval, in the circumstances described in DCC 18.116.080, 18.116.090 and 18.116.095: (1) while building a home; (2) during a medical hardship; or (3) as a temporary residence if there is no dwelling on the property. None allow camping by guests of an owner on a property with a dwelling. For that use to be lawful a campground or RV park approval is required. No such approval has been granted and the Kormondy property would not qualify for approval of an RV park under the terms of DCC 18.32.030 (CC), (DD) and (EE).. Furthermore, Mr. Kormondy resided on his property in his trailer in 2019. Cramer Farms raised this code violation as an issue at the land use hearing in September 2019. Nonetheless, Mr. Kormondy chose to violate the code again by setting up a camp site on his property in 2020. Mr. Chrostek claims that "the plan" for crossing the Cramer Farms property was explained to the Cramer Farms tenant when requesting permission to install the Airstream trailer and Kormondy shed on the Kormondy property. Mr. Chrostek, however, carefully avoids saying what that plan was. Was the plan to haul the trailer and shed up the Cramer Farms driveway or was it to cut fencing, remove fence posts and driving across the Cramer Farms pasture or was it to use the Cramer Farms driveway. According to the Cramer Farms tenant, the plan disclosed to him by Mr. Kormondy was to drive up the driveway. Mr. Kormondy is a Beverly Hills Realtor and owner of Air BnB properties. He surely knows that a tenant has no right to grant access rights to a neighbor or allow anyone to destroy or damage a rental property (vandalism of fence). Mr. Kormondy has Mr. 12 — February 17, 2021 Lafky's phone number and e-mail but chose not to use either to seek permission from Cramer Farms to vandalize its fencing. This trespass is not an isolated incident as claimed by Mr. Chrostek. Mr. Kormondy's family resided on the property and made regular use of the Cramer Farms driveway as the driveway to their campsite. After Mr. Lafky and his son repaired the historic boundary fencing and reinstalled fence posts in July 2020, Mr. Kormondy or others affiliated with him again removed fence posts and fencing from the historic boundary line fence and planted an American flag and plastic pink flamingo south of the location of the fence. He did this knowing that the hearings officer had determined that this fence should be retained in its historic location. Contrary to claims made in the Chrostek narrative, the historic boundary fence was not cut and missing fence posts adjacent to the Airstream camp spot when Mr. Kormondy purchased his property. Mr. Kormondy's 2019 site plans show an intact boundary fence for the entire length of the boundary between the Kormondy and Cramer Farms properties. Additionally, Mr. Lafky visits the Cramer Farms properties regularly and observed that the boundary line fence was intact until after Mr. Kormondy trespassed to place the Airstream trailer and shed on his property. The boundary fence has existed for over 50 years — giving rise to a potential claim for adverse possession to the land enclosed by the historic boundary fence. Mr. Kormondy considered agreeing to a property line adjustment but told the hearings officer he decided against it because it would be cost -prohibitive for Cramer Farms to sue him to obtain clear title to the land on its side of the fence. The hearings officer determined that, to comply with relevant approval criteria, the existing boundary fence must remain in its current location on the Kormondy property. We agree. If this application is approved, we ask that this be made a condition of approval. Kormondy and Huffman (the actual applicant) have not proposed fencing along the line they claim to be the boundary of the Kormondy and Cramer Farms properties. In fact, they show the existing boundary fence — implying they will retain it where shown. They should be required to adhere to that plan. In 2020, Mr. Kormondy asserted ownership of land he claims is owned by Cramer Farms north of the historic boundary fence. He did so by improving and installing new fencing along the line of the historic boundary line fence and up into his property to contain his goats. This suggests that Mr. Kormondy believes this fence establishes the actual boundary between the two properties. Otherwise, why did he fence along the historic fence line? The illustration below shows the approximate location of the "goat fencing" in green. The dashed line is the line Kormondy's engineer says is the boundary line. 7 \ S Y.IZ +qY Ca 7aM � w SbY5B S9'F 5P.1� it f."C� F.�IJ:AfED. 1 FE_ff .E — 13 — February 17, 2021 G3i4'ateTCI � � �P '. \ I� 1.• . YO _ LtTi I. � l7 SXAMN N01(MONDY M wAX � 7 i Tor ' T U(O TT63 -,00000W .. 77 CRA FA LLC { •� We believe this information is relevant to the issue of whether the applicant will or will not prevent trespass on the Cramer Farms property by his tenants as required by DCC 18.128.320(D)(6) and whether the applicant will comply with conditions of approval — including those designed to reduce fire risk. The hearings officer's conditions of approval recommended you require the applicant to maintain the existing boundary fence. Rather than maintaining the fence, the applicant obliterated it while awaiting and delaying review of his appeal by the Board of Commissioners. Thank you for your careful consideration of our concerns and for taking the time to conduct a site visit of the Cramer Farms and Kormondy properties. Sincerely, L fk FaM,c Liz Fancher Attorney for Cramer Farms, LLC 2465 NW SACAGAWEA LANE • BEND, OREGON • 97703 PHONE: 541-385-3067 ENCLOSURE 1 Article by KTVZ News Team, August 16, 2020 8:43 Published August 14, 2020 4:45 pm. https://ktvz.com/news/bend/2020/08/15/wildfire-breaks-out-near-highway- 97-on-bends-north-end-promptinq-evacuations/ NE Bend wildfire, sparked by motor home's hot exhaust, declared fully contained BEND, Ore. (KTVZ) — A wildfire on Bend's northern outskirts that burned nearly 40 acres and prompted hundreds of evacuations late Saturday was declared fully contained Sunday night. Investigators say it was sparked by the hot engine exhaust of a motor home in contact with grass and brush. Fire information officer Lisa Clark said Sunday night there's "still quite a few hot spots on the interior, so mop -up will continue for awhile." Bend Fire Battalion Chief Trish Connolly said a man was camping on Deschutes County -owned land in the area when the fire began. The Class A motor home was destroyed by the blaze, a photo released by Bend Fire & Rescue made clear. The Juniper Ridge Fire, reported shortly before 4 p.m. Saturday, sent up tall, black and gray smoke plumes as it burned through an auto wrecking yard and 24 vehicles, also threatening several mobile home parks and neighborhoods north of Cooley Road and east of Highway 97. Connolly said 40 firefighters were on the lines Sunday, continuing to hold containment lines and extinguish hot spots. More evacuation levels were reduced Sunday morning for areas near the 39- acre fire that threatened hundreds of homes in northeast Bend late Saturday. Fire crews working in "red flag warning" fire weather spent the day reinforcing containment lines and mopping up. "But we're still getting flare-ups -- there's hot spots in there, so it's just keep mopping up and cleaning up," said Bill Boos, Bend Fire's deputy chief of operations. "We'll be here for a couple more days." Indeed, crews were dousing some flare-ups on Monday that sent up light smoke from the fire scene. Page 1 ENCLOSURE 1 While no homes were lost Saturday, things came very close for some residents, like Bill McLean, whose home escaped damage by less than 100 feet. "I told them, 'I hope you can save my house -- I just moved in it,"' he said. "And as you can see, they did it! Thanks to the Bend Fire Department!" The Level 3 (Go Now) evacuation notices were lifted at 8 a.m. Sunday for the Four Seasons Mobile Park and homes along Highway 97 north of Bend, including Beechcraft Lane, and replaced with Level 1 (Be Ready) pre - evacuation notices, according to Deschutes County sheriff's Sgt. Nathan Garibay, the county's emergency services manager. "Residents are asked to remain vigilant and be prepared to leave if conditions worsen," Garibay added. The fast -spreading fire put up a large, black smoke plume from an auto wrecking yard, spreading toward nearby homes until an air and ground attack stopped it. Bend Fire & Rescue was dispatched to the Juniper Ridge Fire shortly before 4 p.m. as the blaze, in 100-degree temperatures and gusty winds, spread into the city -owned, largely undeveloped Juniper Ridge area, threatening outbuildings and B&R Auto Wreckers, east of Highway 97, Connolly said. Due to the fast-growing fire and potential for moving into neighborhoods, numerous mutual -aid resources were called up, including several strike teams and aircraft, she said. An aggressive air attack was key in stopping forward progress of the fire by 7:15 p.m., Connolly said. The fire caused no injuries, she said, but destroyed two outbuildings, and the large black smoke plume mainly was from about two -dozen cars burning at the wrecking yard. Because they were burning for hours, residents in neighborhoods near the fire and affected by the smoke were advised to close their windows and doors overnight. At 9:30 p.m. Saturday, the Deschutes County Sheriff's Office and Bend Police dropped the Level 3 evacuation notice for homes north of Cooley Road and east of Highway 97, as well as a Level 1 pre -evacuation alert for homes in the J.D. Estates subdivision. However, the Level 3 notice stayed in effect for areas closer to the fire. Page 2 ENCLOSURE 1 About 11 p.m., the sheriff's office reduced the Level 3 evacuations for the Juniper and Hilltop mobile home parks to a Level 1 pre -evacuation notice. Four Seasons Mobile Park and Beechcraft Lane remained at a Level 3 notice. By 6 p.m., Deschutes County sheriff's deputies tweeted that Level 3 GO NOW evacuation notices had been issued for all homes north of Cooley Road and east of Highway 97. The Juniper, Hilltop and Four Seasons mobile home parks had been evacuated. Level 1 (BE READY) pre -evacuation notices were issued for the J.D. Estates subdivision. An i.nter c-t-€v � ma _ shows the area of the evacuation alerts. You can sign up for Deschutes County phone, text and email emergency alerts The fire was moving through the B&R Auto Wreckers yard east of Highway 97 after jumping the BNSF railroad tracks and a major ground and air attack on the flames was under way. About 7:30 p.m., fire officials said though forward progress of the fire had been stopped, it was still very hot in the interior. The large smoke plume had gotten considerably smaller, to the relief of many. Large areas of homes on Bend's northeast end were put under a Level 2 (GET READY) evacuation notice -- and then a Level 3 (GO NOW) evacuation. The American Red Cross at first set up a temporary evacuation site at Lava Ridge Elementary School on Cooley Road but later moved it to St. Francis of Assisi Church, 2450 NE 27th Street in Bend. People evacuated due to the wildfire and in need of assistance are encouraged to simply show up, as volunteers will provide information regarding support and assistance. Highway 97 was closed between Cooley Road and Deschutes Market/Tumalo roads until about 10:30 p.m. Follow traffic updates at ou_r_T' As always, animals also were a focus of evacuation, including horses, while three water -dropping helicopters tackled the advancing flames, guided by air attack planes circling the scene. COVID-19 precautions meant the Red Cross set up sites to check in, but not to stay. A Red Cross official said hotel rooms would be made available, if folks couldn't return home. "We have already established contact with hotels prior to the fire starting -- that was all established in the beginning of the season," said Nadine McCrindle, executive director of the Red Cross Cascades Region in Central and Eastern Oregon. "So we have been prepared for this event happening now for some time." Page 3 ENCLOSURE 1 Milagros Aparicio of the Latino Community Association, was at the St. Frances of Assisi Church evacuation site and counted 35 evacuees from seven Latino households who were from the Juniper Mobile Home Park. Jim Mills, who lives about a mile from Fort Thompson Lane, said he was having a meal around 3:30 p.m. when he and some neighbors noticed the fire burning across the highway, possibly from a car fire. With only one way in or out of his neighborhood, he was concerned the fire could jump the highway. Mills said he's created defensible space around his home. but brought out some shovels, just in case he needed to battle the flames himself. "We're pretty well -protected with green spaces around our house," he said. "We keep the tree trimmed up off the ground, and we've got two or three exits off the property, so we feel pretty safe back there." Some of the residents who had to leave their homes went to the Lowe's parking lot on Highway 97, to watch and ait. Some said they'd been having a barbecue before the sudden order to flee. "My son drove up from Madras, and he said, 'Hey, there's a lot of smoke coming., " Eugene Mendoza recalled. "We went outside, and we see all this smoke. I said, 'Holy crap!' "So then we got in our cars to see what was going on. and we came back home -- and the smoke was getting blacker and blacker and bigger. People were panicking all over the neighborhood. They were yelling and hollering. So they knew it was going to get out of control." Another evacuee, Robert Elmore, said: "We're in an area that is fire -prone. The weather we've had, you have to be somewhat prepared at all times, because it's tinder -dry out there, and things can go off like a firecracker." Sandra Miller said: "It was scary. First of all, getting my parents out, which they live one house away from mine. So ran over there, got all of their medicine and said, 'Get out!' So they got my mom and dad's car, most important things." Page 4 2/16/2021 Motorhome exhaust, hot engine sparks brushfire in north Bend; salvage yard destroyed Primary Menu Cascade Heating R - HVAC SPECIALISTS (541) 382-8483 CascadeHeat.com TRME c 5P[CL 57 FOR50 YEARS Proudly Serving All of Central Oregon hslln,d7oston Motorhome exhaust, hot engine sparks brushfire in north Bend; salvage yard destroyed Published on 8/15/2020, 6:49 pm Updated on 8/17/2020, 2:36 pm A hot engine and exhaust of a motorhome sparked a 39-acre bushfire in north Bend that destroyed two outbuildings, hundreds of cars at a junkyard and forced the evacuation of some neighborhoods, Bend Police said. The fire, fueled by dry conditions, scorching hot temperatures, and gusty winds, prompted a Level 3 "GO NOW" evacuation notice for all residences north of Cooley Road and east of Highway 97 on Saturday afternoon. Residents were allowed to return home around 9:30 p.m. Saturday. Meanwhile, officials dropped a Level 1 evacuation notice for jD Estates. Bend seeks applicants for human rights, transportation bond panels COVID vaccine appointments now available for those 75+ in Deschutes Co. The fire started around ISO o.m.. accordine to Bend Fire. and moved into https://centraloreg ondaily. comfre-north-of-bend-prompts-level-3-evacuation-notice/ Enclosure 2 1/4 2/16/2021 Motorhome exhaust, hot engine sparks brushfire in north Bend; salvage yard destroyed d h t tb ildin s and Bend Autowreckers the Juniper RI ge area, t rea ening ou u g Bend's Little Caesars Lady receives local support after open heart surgery At 7:30 Central Oregon Fire Information tweeted: "Forward progress of Juniper Ridge fire north of Bend stopped. Still very hot on interior." Central OR Fire Info @CentralORFire Forward progress of Juniper Ridge fire north of Bend stopped. Still very hot on interior. Photo of incident earlier today from John Wood on Bravo-73. 7:28 PM • Aug 15, 2020 (0 198 Q 55 c�)) Copy link to Tweet Winter shelters life savers for some local homeless as temperatures drop Humane Society of Central Oregon celebrates 60 years https:Hcentraloregondaily.com/fire-north-of-bend-prompts-level-3-evacuation-notice/ Enclosure 2 2/4 2/16/2021 Motorhome exhaust, hot engine sparks brushfire in north Bend; salvage yard destroyed The Red Cross set up a shelter for those evacuated at the St. Francis Assissi Church on NE 27th street. It initially had set up at Lava Ridge, but the conditions warranted a move. The fire quickly grew, prompting mutual aid resources from neighboring fire departments, several strike teams, and air resources, Battalion Chief Trish Connolly said. As the fire burned in the salvage yard east of Highway 97, our photographer on the scene could hear the loud popping of airbags deploying amid the whirls of choppers and SEATs dropping water and retardant from above. Black plumes of smoke could be seen for miles - and for hours as two dozen cars in the salvage yard burned long into the night. Steve Kaufmann @SteveKmann Several SEATS working this fire north of #inBend @TheCODaily 6:43 PM • Aug 15, 2020 (D 17 Q 6 00 Copy link to Tweet Featured image courtesy Deschutes County Sheriff's Office. https://centraloregondaily.comlfire-north-of-bend-prompts-level-3-evacuation-notice/ Enclosure 2 314 Cynthia Smidt From: Sent: To: Cc: Subject: Attachments: [EXTERNAL EMAIL] Liz Fancher <liz@lizfancher.com> Wednesday, February 10, 2021 2:31 PM Cynthia Smidt Aaron Lafky RE: Comments for Filing in Record of Kormondy Appeal 2021-02-10 Letter to BOCC with exhibits.pdf Thank you, Cynthia. I'll be delivering four sets of these comments and additional comments I have attached for inclusion in the record to CDD in the near future. The extra copies are provided so you can provide each Commissioner with a copy in color without printing them yourself — assuming some Board members may prefer paper copies to electronic images. One thing I forgot to mention in my letter is that if the Board adopts the applicant's agreed and offered conditions of approval/operating rules, it would likely be wise to include a statement that if other conditions of approval in the decision specifically address the same issue and conflict, the other conditions shall control. 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. From: Cynthia Smidt <Cynthia.Smidt@deschutes.org> Sent: Wednesday, February 10, 20212:19 PM To: Liz Fancher <liz@lizfancher.com> Subject: RE: Comments for Filing in Record of Kormondy Appeal Hi Liz, These comments have been received. Thank you. Cynthia Cynthia Smidt Associate Planner Disclaimer: Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. From: Liz Fancher <liz@lizfancher.com> Sent: Wednesday, February 10, 20212:18 PM To: Cynthia Smidt <Cynthia.Smidt@deschutes.org> Subject: Comments for Filing in Record of Kormondy Appeal [EXTERNAL EMAIL] Aaron Lafky asked that I file the comments and images provided by Mr. Lafky below with you for inclusion in the record of the Kormondy Campground appeal. 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. February 9, 2021 Board of Commissioners C/O Cynthia Smidt Deschutes County CDD On Behalf of Cramer Farms LLC I am submitting the following information to rebut Mr. Komondy's applicant's narrative that he has been working cooperatively with area neighbors while developing and presenting his campground plans. In fact, he threatened to install 6 strand barbed wire fencing, motion detecting camera and a loudspeaker as an anti -trespass measure (see February 9, 2019 letter from my counsel, Liz Fancher). The applicant has made several social media posts during the land use process which also reflect the tone of his communication with neighbors. In the first attachment, Mr. Kormondy makes a derogatory comment about a neighbor and documents the fact he manipulated the scheduling of the most recent hearing in hopes of gaining a more favorable outcome with a change in elected officials. In the second attachment Mr. Kormondy makes an effort to paint a very negative image of me personally. His narrative is very different from the actual events. Mr. Kormondy said I refused to shake his hand. This is untrue as clearly shown by the attached image taken by the surveillance system in the Deschutes County office building. Given the applicant inexperience with development of campgrounds, his ever changing site plans that continue to violate campground standards set by the State or Oregon and his clear challenges with getting along with neighbors, Cramer Farms LLC continues to oppose approval of the Roadhouse Ranch and Camp. Respectively Submitted, Aaron Lafky Shawn Kormondy Wow. That was four years ago. Haven't gotten the donkey yet. My campground project is on hold until after the county election this fall. Hopeful that the conservatives will unseat the incumbent giving my CUP application better chance of approval. My neighbor is still an angry asshole. Long live Roadhouse Ranch & Camp in Bend! This content isn't available right now When this happens, it's usually because the owner only shared it with a small group of people, changed who can see it or it's been deleted. (D 2 G • fi facebook.com Shawn Kormondy ... And so it begins The sho,-&-dovol- at Roadhouse Ranch & Camp in Oregon. Desviules County is a wonderful municipality to wora, with. Theif ct-i-arter requirips a decision veilhin 150days! City 011 LA- 160 years it lucky. After theheAffi'll; f Out TT)y hand out to MtrOdUC4 myself to my .Aaron Lafky, oh,o h-5s never resided at the prop-_rty, and he -o.a-t, qufvenriq uith angel. Wouldn't shake my hand and started saying conde irending comments. Tnis guy was 6'6" but was exNbilinq short alan comPlex. it V;as absOlut"IlY bazaar cc,njIng fro.fjj a, 5up,�05-:, developer His to zeP Donnie (his J,ajemeni wa:4.:� 'I'm qvng tenant) 10 bUY more has " Th;s is typical of rural living. You dort t tell - ycur neigh yo-u don't like something for fear rt-ey Mgt,,i do More of it. I truly think his angel was uriCait'12d for anci a bad example to his scm veho was sIandii-iq at his sade. I'm the onewho has spent 50k to date 1 anyon-e 5hwuld "t angry it 5hould be me Nonp'lhedle-,s, I vished him a good evening and walked or-y. Tr-ith be to4id he was angry bocause my pgesenixir- to ti-fie ccjnry .vas sincere and convini: it qht ct,, ne rea1 2c-d, 1.10at I arn pmposmq to do on ti,pway Qt'7 is an opp6rturtity for de5chules cool-tv To lev,Tt5ltze a depressed area which is the gateway to 13PI'10 www.bendbulletin..com 6 LIZ FANCHER, ArrOZNEY February 10, 2021 BOARD OF COMMISSIONERS C/O CYNTHIA SMIDT DESCHUTES COUNTY CDD 117 NW LAFAYETTE AVENUE BEND, OR 97703 Delivered by e-mail Re: 247-20-000206-A/247-20-000788-MA, Kormondy Campground Appeal Conditions of Approval Suggested by Hearings Officer and Other Application Deficiencies I am writing on behalf of Cramer Farms, LLC to address issues related to the conditions of approval suggested by the land use hearings officer if the campground is approved. My comments about the conditions are not, in any way, intended to support approval of the campground. We have shown that the revised site plan does not comply with all relevant approval criteria and, therefore, should be denied. My client continues to oppose to approval of the campground because as it will concentrate 50 to 60 campers in yurts, tents and RVs on .9 acres of land in close proximity to an existing residence on the Cramer Farms, LLC property. This is simply too much density. This is a density of almost 17 dwellings (campsites) per acre — more than the density allowed in a standard density RS zone and the typical density achieved by a two-story apartment building in a medium density RM zone. IMPOSITION OF RULES OF OPERATION FOR CAMPGROUND AGREED TO BY APPLICANT REQUESTED Rules Proposed by Mr. Kormondy The appealed decision requires the applicant to operate the campground as proposed by the land use application but does not specifically states that the applicant must operate the campground in compliance with the campground rules he proposed. These rules are listed in a September 18, 2019 letter prepared by applicant Erik Huffman, Exhibit A. This letter was filed during the first post -hearing comment period after the September 11, 2019 land use hearing. We ask that a condition be imposed to specifically require compliance with these rules, with one exception. — 2 — February 10, 2021 The rules state that pets are allowed in the campground — in addition to the goat herd and chickens kept on the property. Given the popularity of dogs, we fear this policy will place a large number of dogs in close proximity to the Cramer Farms residence and each other. The likely consequence of this action is dog barking, waste and, given the porous nature of the boundary fence, trespass. The applicant has no rules or plans to assure that pet waste will be picked up and properly disposed. We suggest the following condition be added to the list of conditions suggested by the hearings officer if this application is approved by the Board: JJ. Each guest will receive a copy of the rules and sign an acknowledgement at check -in. Rules will also be posted throughout campground. The applicant is also responsible for operating the campground in compliance with the rules. The rules must include, at a minimum, all rules set out in the September 18, 2019 letter from Erik Huffinan of BECON Engineering to Cynthia Smidt with the exception that no pets other than service animals are to be allowed in the campground. Rules Agreed to by Mr. Kormondy but Not Filed with Deschutes County Mr. Kormondy advised Mr. Lafky in a July 26, 2019 e-mail that he would agree to conditions of approval listed in a May 15, 2019 letter written by Liz Fancher, Exhibit B. A copy of the e-mail is included as Exhibit C. The conditions requested were modeled on conditions imposed on the Mazamas Campground by the County hearings officer. i We ask that the conditions outlined the May 15, 2019 letter agreed to by Mr. Kormondy be imposed as conditions of approval as follows: KK. The applicant shall operate the campground in compliance with the conditions of approval identified in the May 15, 2019 letter written by Liz Faucher to Cynthia Smidt. CORRECTIONS TO RECOMMEND CONDITIONS If the campground application is approved, we ask that the conditions suggested by the hearings officer be imposed with the following revisions and corrections: Condition K The County code requires "dustless" surfacing for roadways. DCC 128.320(D)(5). It requires hard surfaced walkway between campground buildings. DCC 18.124.070(C)(2). All roads and pathways must be paved. Parking spaces should also be paved. 1 The Mazamas campground was later denied by the Board due to expected conflicts with neighbors. 3 _ February 10, 2021 If the Board finds that a campground is not required by DCC 18.124.070(C)(2) to provide pathways between buildings because it is a residential use, the campground must be denied because it will violate DCC 18.120.020(C)(3) which says: C. Any lot or parcel that is smaller than the minimum area required in any zone may be occupied by an allowed use in that zone provided that: 3. If there is an area deficiency, residential use shall be limited to a single dwelling. The Kormondy property contains a single dwelling. There is an area deficiency because the lot is about 9.28 acres in size. The minimum lot size of the WA-10 zone is 10 acres. Condition L The applicant proposed quiet hours starting at 9:00 pm rather than the 10:00 pm time suggested by the hearings officer. See, Exhibit A. We believe this was an oversight by the hearings officer that should be corrected. Condition N The setback to Highway 97 is erroneously described as 100'. The required setback is 300'. Condition Q The hearings officer requires the applicant to provide 10-foot spacing between campsites. As shown by the applicant's site plan, either no spacing or an inadequate amount of spacing is provided between most campsites. The spacing cannot be provided without revising the site plan as many campsites adjoin or are much closer than 10 feet apart. A revised plan will have different impacts on neighbors. Condition Q, therefore, must give neighbors an opportunity to comment on and obtain a hearing regarding the merits of the revised site plan. The County's code also requires the applicant to provide 5'-wide paved pathways between the gazebo, bathroom and caretaker's residence (likely check -in location). DCC 18.124.070(C)(2). Compliance with this rule must be assured by any approval. A deferred review with public participation must be required because the current plan lacks room for these pathways. They must be separated from the roadway so will encroach into campground spaces unless the spaces are redesigned. Condition CC The limit on the number of campers should be revised downward to 50 or fewer persons. The maximum capacity of the septic system is 1500 gallons per day. The engineer's estimate is that 50 campers will use 1500 gallons of water per day. It is also possible that — 4 — February 10, 2021 use could be as high as 2000 gallons per day (water use range is 20 to 40 gallons per camper per the USFS publication relied on by engineer). Given this fact, a limit of 37 campers is more certain to assure that the septic system will be adequate to serve the campground (37.5 persons x 40 = 2000 gpd). Condition EE Cramer Farms asks that you require solid fencing along the line of the existing fence between the Cramer Farms and Kormondy properties where located on the Kormondy property. The existing fence has been proven, by Mr. Kormondy, to be inadequate to deter trespassing. We request that you require a post -approval review of fencing material by staff and neighbors to assure its adequacy to prevent trespass and comply with other relevant campground criteria. Such a review is necessary because Mr. Kormondy has not provided information about fencing and advised neighbor Bruce Levin that campground fencing will be six strands of barbed wire with speakers to advise campers to stay away from the fence. Given the punitive nature of this proposal, the type, height and location of the actual fencing should not be left up to Mr. Kormondy to decide. The following is the e-mail in which Mr. Kormondy described the fencing he has in mind for the campground: From: Shawn Kormondy <skora(D.skorreg.com> Subject: Re: Roadhouse Ranch & Camp Date: September 15, 2019 at 2:51:04 PM PDT To: Bruce Levin <brucelevin8485(aamail.com> Cc: Doug White <dougrwhitehotmail.com>, Gary Krambeal <gkrambeal(agmail.com>, Erik Huffman <ehuffman aabeconeng.com> Bruce, Thank you Im your +lick response. I'm passing through brookings now so there is Internet. The fencing 1 have in mind is this but 1'ni open to suggestions. It will be around the entire perimeter of my property. The vertical braids wit1 prevent people from passing through the barbed wire. The fence line will need to be walked on a regular basis to see if there has been any attempts at intrusion which can be repaired. However, Tile first line of defonse will be the solar powered motion detection cameras which have speakers so management can ask the person to stayaway from the fence. 'Ibe cameras will be positioned 10011 from the property line on all sides of the campground. I use thcsc on the exterior of my Airbmb's homes in LA so that people aren't outside after 9pm disturbing neighbors. They are very effective and wvireless. https:i/sliop.rinP,.comipages/security-camieris 5 _ February 10, 2021 We recommend Condition EE be revised to read as follows: EE. Existing fencing on the southern boundary of the subject property shall be maintained and replaced in its current location. Seetions 0 Solid fencing, constructed of natural materials, shall be installed to cover any gaps in the existing fencing on the subject property and along the fence line between the Cramer Farms and Kormondy property and in anyplace where the fence is located on the Kormondy, as represented by the applicant's site plan. Solid fencing shall be installed And to block views of the parking areas to surrounding properties. All existing fencing on the subject property shall be repaired and maintained to prevent trespass to property not under the control of the campground owner. The applicant shall file a revised site plan that shows the location of all fencing and that specifies the height materials and design of solid fencing. MINIMUM PARCEL SIZE Central Oregon LandWatch is currently advancing an argument that to qualify for development in the MUA-10 zone, a lot or parcel must meet the minimum lot size of the MUA-10 zoning district. File 247-20-000191-CU (Three Sisters Irrigation District hydro project). We disagree with COLW's argument and hope the Board will reject it. If the Board, however, fords in favor of COLW's position in the hydro project appeal, it should apply the same interpretation of its code to this application and deny the application. RECREATIONAL VEHICLE PARK RULES DCC 18.04.030 defines the term "recreational vehicle park" as follows: "Recreational vehicle park" means a park intended, designed or utilized for temporary occupancy primarily be recreational vehicles. Ten of fifteen spaces in the Kormondy campground are designed to serve as recreational vehicle spaces — as well as tent camping spaces. As proposed, all ten spaces may be occupied by RVs and be tent camping spaces in name only. As a result, the Kormondy campground is subject to review for compliance with RV park rules in DCC 18.128.170, as well as campground rules. Those rules require that the park road be paved with asphalt, concrete or similar impervious surface. RV spaces require electrical service. The applicant's bathroom does not meet the standards of DCC 18.128.170(I) or (K). The park does not provide clothes washing facilities required by DCC 18.128.170(J). The campground does not provide the six-foot tall, sight -obscuring screening fence required by DCC 18.128.170(L). — 6 — February 10, 2021 HIGHWAY 97 Highway 97 is an extremely busy highway. Cramer Farms questions the wisdom of dramatically increasing the number of vehicles accessing the highway and making turns into the property from the highway is the adequate access required by DCC 18.128.015(A)(2). If approved, the number of vehicles making turning movements on and off the highway will increase from approximately one to approximately sixteen vehicles in a location. According to the applicant's transportation system engineer, in 2014, ODOT and Deschutes County studied highway trips and found that peak hour usage made it difficult for drivers to find gaps in both directions of traffic to complete a left turn from minor street approaches such as the Kormondy driveway. Additionally, ODOT is currently developing plans to eliminate highway access to the Kormondy property that are moving toward formal approval. It is likely that the collector or arterial street access required for campgrounds by DCC 18.128.320(B) will no longer exist when ODOT's highway project is implemented. Campground traffic will, instead, use local roads to access the property. SITE SUITABILITY During the February 9, 2021, Mr. Lafky observed that a number of campsites do not appear suitable for development with yurts and campsites — raising the issue of whether the site is "suitable for the proposed use based on" its site as required by DCC 18.128.015(A)(1). It appears likely that extensive grading will be needed to build the campground road and to create level camping spaces. Such grading will alter the appearance of the property and may increase its visibility from adjoining properties. The site plan lacks a grading plan so it is not possible for Cramer Farms or the Board to determine whether the natural features that currently provide screening for neighboring properties will remain or be eliminated. Thank you for your careful consideration of our concerns and for taking the time to conduct a site visit of the Cramer Farms and Kormondy properties. Sincerely, LindFa,vichzr Liz Fancher Attorney for Cramer Farms, LLC 2465 NW SACAGAWEA LANE • BEND, OREGON • 97703 PHONE: 541-385-3067 EXHIBIT A - p. 1 of 5 BF_CON, 1_1C 549 SW Mill View Way, Suite 100, Bend, OR 97702 CAvii, LNGINURING & LAND SURVEYiNG September 18, 2019 Cynthia Smidt, Associate Planner Deschutes County Community Development 117 NW Lafayette Avenue Bend, Oregon 97703 RE: File 247-19-000583-LM (Open Record Submittal) Dear Ms. Smidt, www.beconeng.com (541) 633-3140 Deschutes County CDD 3 = 5 `j pW, Vet IAti Please include the following as the Applicant's submittal during the open record period. Mr. Korrnondy has been in constant contact with Mr. Levin and the Rock 0' The Ranch HOA to resolve the HOA's concerns. Based on those discussions, the applicant wants to clarify the proposal and voluntarily impose some conditions of approval regarding operation of the campground. These issues are addressed in more specific detail below. 1. Page 2, Exhibits, the following updated and additional exhibits are submitted into the record: "a. Preliminary Site Plan for 15 campsites (Revised 9/11/19 and 9/18/19)1 n. Water Supply Calculation Memo per NFPA 1142 o. Modification Application Signed by Custodian p. Dust Abatement Memo" <include Footnote # "rrv">: "The updated site plan includes: a communal area diagram showing facilities, including seating and propane fire and outdoor cooking station; location of headlight shine shielding fence; location of cistern with dry hydrant for fire suppression; tent and yurt site picnic tables; & list of dimensions of tent and yurt parking spaces." 2. Page 5, liest)onse to CCD Seiflor -1 NIIISl1011 ri i«n. C onin7ent, add: "On September 17, 2019, the county's transportation planner provided the applicant with an updated review of the applicant's revised site traffic report (STR), based on the revised proposal for 15 campsites. Mr. Russell indicated that the applicant will need to work with ODOT regarding Page 1 of 5 EXHIBIT A - p. 2 of 5 BECON, I_i_C; wv4w',.t>econe1,g.com 549 SW Mill View Wray, Guite 100, Bend, OR 97702 (541) 633-3.140 any transportation improve rnents as the property's sore access is via U.S. 97 and ODOT is tine road authority. Mr. Russel also indicated to please disregard his earlier comment about needing an access pern-tit from the County to comply with DCC 17A,8.210(A). A revised system development charge (SDC) rate was also presented to the applicant." 3. Page 5 Responsa.._to Carty of 13erud_I11c DOp artnlen_t ton-ii1_u-itt, add: "The water supply for fire protection, including existing residence, will be by installing a pre -cast concrete cistern. It will be located centrally in the campground, and next to the road for access from a fire trucl<. It will be sized according to the calculations based on National Fire Protection Association (NFPA) standards. Please see exhibit n for further details on fire protection." 4. Page 11, Section C, Applicant's Response, add: "No wood burning of any kind will be allowed within the campground. Fires will be from clean burning fuels such as natural gas or propane. Such fuel sources not only address smoke, but mitigate fire risk because, unlike a wood burning fire, these fuel sources can be immediately turned off." 5. Page 12, Applicant's Response (top of page), revise to add "propane" to read: "...with gazebo and propane fire ring, natural features...." 6. Page 15, Section 2 Pedestrian Access and Circulation, Applicant's Response, revise to read (new text in italic font. Deleted text instrikethrough): "The campground provides sufficient circulation through the clustering of the campsites and facilities supporting the campground and the use of the gravel access road leading to the communal area drives ar+Fl t#ae laaa+deaae-triiyste+aa." 7. Page 28, Section 18.16.031 Bicycle Parking, Applicant's_ Response, delete: "l"heap{�lirat�# proposes-tca•i�ar4trdc�-tl ease cif-w#ee!#�icycaes-asad...lvc#��l�Je_bike aaciC for ¢at { er crse-rara site arx�pe s toting-hieycles-will be -free to-acre_ss hp highway through the to ke-d--gate", 8. Pages 34 and 35, Section 7, A,p#?lic�int's_Response (top of page 34), revise to read: "No wood burning of any kind will be allowed with the proposed campground." 9. Page 42, Attachment A, revise the list of operational characteristics to read as follows (new text in italic font. Deleted text in `trik ;through): "a. Being open year-round, although the developer anticipates low use during winter months. Page 2 of 5 EXHIBIT A-p.3of5 E3E_C;ON. 1_.I_C www.Leconeng.coIT] 549 SW Mi'•.l View VV,ay, Suite 1001 fiend, 01 97702 (5d l) 633 3,140 b. This is a dry campground (no water, electrical or sewer utilities). Non -water carried toilets (M/F), potable water faucet for drinking and washing dishes, grease drain for dishwater, and trash area will be provided in a clean 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 (propane only) in the entire campground. The attached revised Site Plan (Sheet 3), submitted on 9-18-19, shows the communal area's location in further detail, 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 camp outs and no services offered to non -guests. e. Parking is limited to vehicle per campsite and only within designated spaces. f. Quiet hours from 19 9PM to 7AM, with lights out no later than 10PM. 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. h. No wood burning in campground. i. No smoking permitted. j. No trespassing on private property. All fencing will have no trespassing signs posted every 25' of fence line. k. Each Guest will sign the campsite rules at check in as well as being posted throughout campground. Any violation of campground rules will result in the guest being immediately vacated from the property with no refund. I. The applicant shall have a person available during all times the site is open for business to receive telephone complaints or concerns about the operation of the facility, including disturbances. Voicemail is not acceptable - this may require forwarding or a message with a backup number if the designated person is unavailable. Each complaint and its resolution shall be logged in detail. The log shall be made available to the County far inspection on request. Contact information shall be prominently displayed on the website for the facility and at the entrance to the campground. m. No amplified music in the campground. o. The site will be staffed by at least one person at all times while open for business, and shall have express authority to terminate use of the facility by any person not complying with the rules or otherwise creating a disturbance. p. No drones, except by use of management (helpful for property maintenance). s. ROADHOUSE RANCH & CAMPGROUND RULES AND REGULATIONS: Page 3 of 5 EXHIBIT A-p.4of5 BI_CON, 1_1_C; vnrvvd,bec")neng.i;orn 549 `W Mill View Way, Suite 100, De-nd, C)t 97702 (541) 633-3140 a Speed Limit - is S MPH in the ENTIRE CAMPGROUND. Please keep our children .safe! ® Quiet Time - is 9:00 PM to 7:00 AM, daily. Radios and Ws should not be heard beyond your campsite. No loud gatherings or parties. Please be considerate of your neighbors. No wood burning. Children - Parents are responsible for children at all times. Please do not leave children unattended. o Pets - are permitted at site. All dogs must be kept on a leash at all times. Please clean up after your pet. Do not leave animals unattended. • Alcohol Policy - Oregon legal drinking age is 21 - this law will be enforced. • Firearms & Fireworks - are PROHIBITED in campground. This includes all types of guns, BB guns, paintball guns, etc. Fireworks are not permitted. Disruptive Behavior - if the police are called by the management or another camper, due to disruptive behavior, this camper or campers will be immediately required to leave the campground. There will be no refunds to any person in this situation. Please do not put yourselves and management in this situation. v Insurance/Theft - We are not responsible in the case of theft of RV or contents thereof; Nor for any damage caused by natural causes (i.e. tree falling). " Visitors - All visitors must register at office when they arrive and pay a visitor fee. Anyone who enters campground without checking in at office will be required to leave premises immediately. You are responsible for the behavior and actions of visitors at your site. m No Smoking - in any/all buildings and restrooms. This is Oregon law. • Bicycles - All children under 12 years old must wear helmet. Children must have bikes back at site before dark. Please do not park bikes in roadways. • Office - Hours are posted on door. Vary by season. * Restrooms - Please removed all personal items from restrooms. Any articles left in restroom will be disposed of when restroom is cleaned. Restrooms always open except for cleaning. a There is NO cutting of trees or branches permitted on campground or neighbor's property. * Trash - you can dispose of your trash at the designated site. * Lights — Lighting must be shielded or directed downwards so as not to shine directly into adjacent campsites or adjacent properties: 0 No drones (other than by management) Page 4 of 5 EXHIBIT A-p.5of5 BECON, LLC www.beconeng.com 549 SW Mill View Way, Suite 100, Bend, OR 97702 (541) 633-3140 No amplified music Only one car per campsite." Thank you, Erik J. Huffman, PE, PLS Principal Engineer BECON Engineering and Land Surveying (541) 633-3140 ehuffman@beconeng.com Attachments: Exhibit a: Revised Site Plan, dated 9-18-19 Exhibit n: Water Supply Calculation Memo per NFPA 1142 Exhibit o: Modification Application Signed by Custodian Exhibit p: Dust Abatement Memo Page 5 of 5 EXHIBIT B - p. 1 of 4 LIZ FANCREIR, Arro2NEY May 15, 2019 CYNTHIA SMIDT, ASSOCIATE PLANNER DESCHUTES COUNTY PLANNING 117 NW LAFAYETTE AVENUE BEND, OR 97703 Re: Files 247-19-000361-CU, 247-19-000362-SP and 247-19-000363-LM Campground CUP and Site Plan Applications filed by BECON Dear Cynthia: I represent Cramer Farms, LLC. Cramer Farms, LLC owns three properties that will be impacted by approval of the campground application filed by BECON Civil Engineering identified by the County as Files 247-19-000361-CU, 247-19-000362-SP and 247-19- 000363-LM. The subject property is a substandard parcel the Assessor indicates is 9.28 acres in size. It is located at 64061 N Highway 97, Bend, Oregon 97701 and is owned by Millenium Trust Company, LLC as custodian of the Shawn Kormondy IRA. The Cramer Farms properties are Tax Lots 900, 901, 902, Assessor's Map 17-12-04. The Cramer Farms properties are developed with single-family homes on land zoned MUA-10. The home on Tax Lot 902 is about 25 to 30 feet from the southern boundary of the Kormondy property. Cramer Farms, LLC ("Cramer Farms") is generally supportive of development in this area of Bend. Cramer Farms is, however, concerned the campground, as proposed, will create significant negative impacts on the Cramer Farms, LLC properties. This campground application proposes an urban density campground on a substandard parcel that is already developed at the allowed maximum density of residential development. The campground, if approved, would increase the number of persons occupying the 9.28-acre property by approximately 54 to 112 persons.I Cramer Farms is concerned that the applicant is proposing to serve the campground with portable toilets rather than by disposing effluent and waste water on site. The applicant 1 There will be 28 camp spaces and one single-family residence. If each unit is occupied by two persons, there will be 58 persons on site. If families with two children occupy the house and camp spaces, there will be 116 persons on the property. It is possible that the site could be used by more persons if the applicant allows multiple tents or large tents in each camp space. EXHIBIT B - p. 2 of 4 be used by campers and that campground impacts will be spread out across the entire property with negative impacts on residences on adjoining properties. Conditions of Approval If the application is approved after it is completed, it should be subject to conditions of approval similar to those recently imposed upon the hearings officer's approval of the Mazamas Foundation's campground and bed and breakfast inn and other conditions designed to mitigate impacts of the campground on neighboring, residential properties.4 The Mazamas Foundation conditions include: No campfires or smoking is permitted. No cooking or open flames anywhere other than the outdoor paved cooking area. 2. ***No [outdoor] classes, entertainment or other [group] activities are permitted. The site will be staffed by at least one person at all times that the inn or campground are open, and shall have express written authority to terminate use of the facility by any person not complying with the rules or otherwise creating a disturbance. 4. No amplified music anywhere on the premises. 5. Quiet hours from 9:00 pm to 6:00 am with "lights out" no later than 10:00 pm. 6. No pets, except service animals as required by law. No food, drink, or retail items may be sold on the premises. The entrance to the parking lot shall be gated or chained and secured from 10:00 pm to 6:00 am daily. No vehicle shall be permitted to enter the parking lot during those hours, except in case of emergency. *** 9. ***No trespassing on private property. 10. The applicant shall have a person available during all times the site is open for business to receive telephone complaints or concerns about the operation of the facility, including disturbances. Voicemail is not acceptable — this may require forwarding or a message with a backup number if the designated person is unavailable. Each complaint and its resolution shall be logged in detail. The log shall be made available to the County for inspection on request. Contact 4 The campground approval was appealed and reversed by the Board of Commissioners based on concerns related to noise, impacts to neighbors and compatibility of the use with residential uses on adjoining and area properties. The area impacted included a mobile home park developed at urban densities. File 247-17-000319-CU, 320-SP, 321-CU. EXHIBIT B - p. 3 of 4 information shall be prominently displayed on the website for the facility and at the entrance to the parking lot. 11. Each guest shall sign a document outlining the rules of the facility, attesting that the person will abide by those rules and clearly stating that violation may result in termination of use. These forms shall be maintained for a minimum of 90 days and available to the County on request. 12. ***Comply with the standards in OAR 918-650-00025(1). 13. ***The applicant shall comply with the standards in OAR 918-650-0025(2) and secure any operating license [required ] by the Department of Human Services Oregon Health Authority. 14. The campground shall be licensed as a tourist facility by the State Department of Health as specified in ORS 446. *** Prior to initiation of use, the applicant shall submit proof of licensure by the State Department of Health. 15. All electrical and water lines associates with the campground shall be undergrounded. 16. All pedestrian walkways shall be surfaced with asphalt, concrete or similar hard surface. [Note: pavement is a mandatory code requirement, without exception] 17. Required landscaping shall be continuously maintained and kept alive and attractive. Starting the first anniversary of opening the campground, and each year for three years thereafter, the applicant shall have a licensed landscape contractor survey the [landscaping] and replace any plants that do not survive or have not adequately thrived as determined by the survey. A copy of the survey and description of actions taken based on the survey shall be provided to the County on request. The applicant on an ongoing basis promptly shall replace any significant vegetation that becomes diseased, damaged or that dies. 18. ***All exterior lighting shall be turned off or be motion activated after 10:00 pm and before dawn. 19. Eliminate the compost toilet. [In this case, eliminate the portable toilets.] 20. [Provide and] extend the 7' tall privacy fence along the ***property line[s].***[Where the exiting southern fence is north of the southern boundary of the subject property, the fence shall be provided along the existing fence lines.] The following additional conditions are merited for the subject property: EXHIBIT B-p.4of4 — 12 — Afay 15, 2019 21. Provide an irrigated 6'-tall landscaped berm along the west, north and south 100- foot setback line to assure camping does not encroach into the setback and to private separation of uses. If this requirement is not imposed, provide solid walls or berms at the back of each parking space of sufficient height and construction to prevent vehicle headlights from pointing in the direction of neighboring, residential properties and the property line privacy fence. 22. Provide a permanent restroom building (not portable restroom) west of the "natural canyon" to serve yurts west of the canyon outside of required setbacks or eliminate the five yurts located west of the "natural canyon." 23. Pave all parking spaces for vehicles and RVs and drive aisles/driveways. 24. Eliminate the existing pond and 5'-wide trail shown as campground amenities or fence the existing pond with solid 6' tall fencing (no visible breaks in fencing) and prohibit it from use as a campground amenity/gathering area. Thank you for your consideration of our concerns. Please send me copies of correspondence with the applicant, including an incomplete application letter or letter setting this matter for hearing. Sincerel , Liz Fanc SB #81220 Cc: client EXHIBIT C From: Shawn Kormondy To: Liz Fancher Cc: aaronlafky(@amail.com Subject: Highway 97 Date: Friday, July 26, 2019 1:08:02 PM Liz and Aaron, Hope all is well. I received your comments and would like to address them. They are valid concerns and I think a meeting over coffee could add more color to my vision of the campground. As I said, this is a passion project. I am trying to create a unique experience that is unlike the stereotypical "campsite". I understand that dust is a concern, especially with RV's but my vision will not speak to those types of campers. My vision is to create an experience with furnished yurts, safari tents, etc. I don't want big noisy RV's rumbling through the campsite. It will disturb the guests. My vision from the onset was to furnish 5 yurts and 5 tents leaving 5 vacant spots. The vacant spots would eventually be furnished as well once I get feedback from guests on what they like. In regards to fire and gathering spots, there will be only one fire ring in the rear of the property where the gazebo is. I'm creating a communal camping experience which encourages social interactions with guests by creating one cooking/picnic area. I will encourage this instruction by providing amenities such as complimentary s'mores by the fire, board games, poetry readings, etc. I don't intend to have any amplified music as stated in your response. Furthermore, my irrigation pond by no means an attraction. There is barely enough water as it is, and it's typically empty after the evening irrigation is complete. My vision is to create one social space. A fence around the pond would detract from the natural beauty, as would a paved roadway. There will be an on -site manager living in the house. We could use motion sensor cameras to alert the manager of guests congregating in that area if necessary but my goal is to bring campers together in the communal area. Showers would promote longer stays. I feel like the stereotypical campsite, one that has long term guests, is what you and I want to avoid. Therefore, I don't believe requiring showers would protect your interests. Regarding the natural activity requirement, I have stayed at many campsites in the west. I can tell you that what I have in the back of my property is extremely unique and wonderful and surpasses the majority of state campgrounds I have seen. The natural beauty I have on my property is by far unlike my neighbors due to the lava rock outcropping. The views of broken top at sunset are amazing from that elevation and the twisted junipers growing out of the rocks are glorious. I'm an avid landscape photographer and the bloom we had in June was amazing. I have driven hours from my home to photograph such beauty and it's right in my backyard. The property has three unique "ecosystems" in of itself. The front is your ranch style pasture, the middle is dense junipers and the rear is typical high desert plain. It's something you would have to see to believe. Everyone that has come here has been surprised by the unexpected natural beauty. Regarding the camp rules, I asked Doug to include the rules you had outlined in your first response but he said those would be included in an approval. I have no issues with those rules and there will be an on -site manager living on the property to enforce all rules and quiet time. In conclusion, I am happy to walk you through the property and show you what I see and address any and all concerns. I am extremely passionate about this project. Please call my cell at 3104647186 Cynthia Smidt From: Liz Fancher <liz@lizfancher.com> Sent: Wednesday, February 10, 2021 2:18 PM To: Cynthia Smidt Subject: Comments for Filing in Record of Kormondy Appeal [EXTERNAL EMAIL] Aaron Lafky asked that I file the comments and images provided by Mr. Lafky below with you for inclusion in the record of the Kormondy Campground appeal. 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. February 9, 2021 Board of Commissioners C/O Cynthia Smidt Deschutes County CDD On Behalf of Cramer Farms LLC I am submitting the following information to rebut Mr. Komondy's applicant's narrative that he has been working cooperatively with area neighbors while developing and presenting his campground plans. In fact, he threatened to install 6 strand barbed wire fencing, motion detecting camera and a loudspeaker as an anti -trespass measure (see February 9, 2019 letter from my counsel, Liz Fancher). The applicant has made several social media posts during the land use process which also reflect the tone of his communication with neighbors. In the first attachment, Mr. Kormondy makes a derogatory comment about a neighbor and documents the fact he manipulated the scheduling of the most recent hearing in hopes of gaining a more favorable outcome with a change in elected officials. In the second attachment Mr. Kormondy makes an effort to paint a very negative image of me personally. His narrative is very different from the actual events. Mr. Kormondy said I refused to shake his hand. This is untrue as clearly shown by the attached image taken by the surveillance system in the Deschutes County office building. Given the applicant inexperience with development of campgrounds, his ever changing site plans that continue to violate campground standards set by the State or Oregon and his clear challenges with getting along with neighbors, Cramer Farms LLC continues to oppose approval of the Roadhouse Ranch and Camp. Respectively Submitted, Aaron Lafky Shawn Kormondy Wow, That was four years ago. Haven't gotten the donkey yet. My campground project is on hold until after the county election this fall. Hopeful that the conservatives will unseat the incumbent giving my CUP application better chance of approval. My neighbor is still an angry asshole. Long live Roadhouse Ranch & Camp in Bend! This content isn't available right now When this happens, it's usually because the owner only shared it with a small group of people, changed who can see it or it's been deleted. C) 2 C 11 'M . 7 a iii facebookcom Shawn Kofniondy .. And go it, begins The ThvwdoviT-, at Roadhouse Ranch & Camp in Oregon. Desdiutes County is a Wonderful municipality to woe-, i,,j[,,h. Their criarter requires a de-6sion will-im 150days! City 0f LA— 150,jLMrs �f lucky, A6r-ar !I)e hewing t put My hard out tO 411t,'OdUCL� myself "m my AaTqn Lafkp, vtD has nev+'r rebided at the property, and he was quiveringwith anger. Wouldn't shake my hand w^d staled sziying conciescending comments. Tnis guy was 6'6' but was exhibiting sho-ft rnaf*. compley- Q was absolutaly bazaar r- .onjing frofj,� a, Sup;4s,Ed, devi4lop�r His closing maiemeni as 'I'm qomq to tell Donnie 4hts tenani I to buy more hio-gs! " This is vipical of rural living. You don't tell jaur neighbor yau don't like sometlining for fear they might do MOT Of it. I truly think his ankye : was uncal;pd for and a bad exanlpe to his FDii who d%-as 5Janjug a! hjs I'm the one who has spent 50k to date !! an.yone Fhould be angry it should be me, Nonezlre'ess, I kp;isht--d htm a good evening and v,,alked on. Troth be to he was angry because my pfesenlatton to tree county was si"Ulfe and convincrt)q, wh'=h he te-41-ZL,0 What I am piopos,nq to do on 0,4hv4-a1j 97 is an opportunity for dew. hutes county to ?ev,`,ai�zP a Ver.fessed area Which is the gateway to Be" www.bendbulletin-com. ATTORNEYS John D Sorlie Mark G. Reinecke Melissa P. Lance Via Hand Delivery Paul J Taylor Jeremy M. Green Deschutes County Planning Heather J. Hansen C/O Cynthia Smidt, Associate Planner Garrett Chrostek 117 NW Lafayette Ave. Alan R Dale Bend, OR 97703 Lindsay E Gardner Katherine L Rowe RE: Submittal to the Record 247-20-000206-A Meagan E Masten Dear Cynthia, February 10, 2021 FA DwrR FEB 10 2021 By: ....— .............. Enclosed please find additional materials for submittal to the record in the above - mentioned appeal. Also enclosed is a flash drive with electronic copies of the same materials. Please contact me or Garrett Chrostek with any questions. Sincerely, Is/Monica de Alicante Monica de Alicante Legal Assistant to Garrett Chrostek I»L)1ii a i;,ltil I�t� _�Gry,c�srr� Enclosures. A legacy of service to our community. {19400001-01305506;1j 591 SW Mill View Way, Bend, OR 97702 1 P 541.382 4331 1 F 541 389 3386 1 bljlawyers.com 2/10/2021 Seeking COVID-19 escape, Oregon's outdoors crowded at unprecedented level 90e Itegister-6uarA CORONAVIRUS Seeking COVID-19 escape, Oregon's outdoors • i • at unprecedented level Zach Urness Salem Statesman Journal Published 5.00 a.m PT Jul 28 2020 There are no Little League games to attend, overnight summer camps to stash the kids or music festivals to let loose and scream "play Free Bird" with beer -soaked brethren. Family road trips have been largely put on hold. A vacation to Florida or British Columbia is off the table. Even watching a Blazers game in person is impossible without the nuclear codes required to enter the NBA "Bubble." There is, simply put, not much to do this summer with one major exception: the great outdoors. In the quest to escape COVID-19, people are flooding Oregon's beaches, forests and mountains in unprecedented numbers, state and federal officials said. And that's resulted in a spike in accidents, made campsites scarce, and brought garbage, damage and even bears to recreation areas. "Especially on the Oregon Coast and west of the Cascades, we're seeing a level of use well beyond a normal year," Oregon Parks and Recreation Department spokesman Chris Havel said. "It's like having the crowds you see for a holiday weekend, except all the time.." Supply and demand More people outdoors is a good thing, rangers stress. The virus doesn't spread as effectively outdoors, and that's particularly true if people wear masks where social distancing isn't possible. Public lands are for everybody, and this is their time to shine. https://www.registerguard.com/story/news/coronavirus/202O/O7/28/seeking-covid-19-escape-oregons-outdoors-crowded-at-unprecedented-level/11267... 1 /4 2/10/2021 Seeking COVID-19 escape, Oregon's outdoors crowded at unprecedented level The problem is finding a place for all those people. Campgrounds have been full almost every day during July, including remote sites normally overlooked. The issue is supply and demand. At a moment when COVID-19 is fueling the rush outdoors, there are fewer campsites and limited capacity across the state due to COVID-19 related impacts. Some sites in the Columbia Gorge remain closed. Eight state parks still are closed, and other campgrounds have reduced capacity. On the Oregon Coast, getting a campsite at a state park requires booking a month in advance. Few yurts and cabins are available for rental. The city of Bend has outright asked people to stay away. "Everything is full: Campgrounds are full and all of the good, established, dispersed campsites have also been full," said Darren Cross, McKenzie River district ranger for Willamette National Forest. "The problem is, people packed up and drove all the way out here. So what we're seeing is that people are creating their own new dispersed sites," he said. Cross said they've seen a roughly 30 percent increase in "pioneered sites" — meaning people are clearing brush for a place to put their tent. "It only takes two to five uses before the vegetation is denuded and it's very hard for it to look like the forest again," Cross said. Ethically, people aren't supposed to create new campsites and there are laws limiting it, but trying to stop people in vast national forests is next to impossible, he said. Another problem is that many visitors don't appear to have as much experience recreating in a national forest with limited facilities. "We've seen a lot of issues with people not knowing how to bury poop, or use maps or even have the right footwear," Cross said. Rangers said trash was luring bears to campsites in some areas. Parking is another concern statewide. Many trailheads and recreation sites are full by early afternoon, leading to illegal parking that could block emergency vehicles. "The best way to help is to come early, pick less crowded places and make sure to pack out all tof your trash," Havel said. "It's strange time. Normally, with this level of use, we'd expand 2/1012021 Seeking COVID-19 escape, Oregon's outdoors crowded at unprecedented level capacity at campgrounds and trailheads. But we can't do that right now." Less experience leads to spike in deaths, accidents The rise in visitors has also led to an uptick of accidents in the outdoors. In the last week alone, a 19-year-old died climbing Three Fingered Jack, an 18-year-old died swimming in the Willamette River and a 6-year-old died after being hit by a runaway jet ski at Foster Lake. On Sunday, an Albany man drowned in the Santiam River. In addition, search and rescue teams have been very busy. Ten rescues have been conducted in two months at Blue Pool, also known as Tamolitch Falls, on the McKenzie River Trail. The most recent rescue required a person airlifted to a hospital after jumping off the high cliffs and into the pool. A lost hiker required an overnight search party last Friday into Saturday in the Opal Creek area. And more than 30 people tubing have needed rescue from the Santiam River. Beyond accidents and crowding, the other elephant in the room is human -caused wildfires. As Oregon dries out, and temperatures rise to near triple digits, the forests will become increasingly ready to ignite. And with more people with less experience, the concern of a wayward cigarette or someone parking on grass that ignites increases, officials said. A summer -long trend The number of people in the forest is only expected to rise. The virus is still spreading, leading Oregon Gov. Kate Brown to announce additional limits on gatherings and events. Many sports that begin practice in August will be delayed, and it's unclear how and when kids will return to school. That means the outdoors will remain the last best place to find enjoyment for many Oregonians. But the outdoors will only remain a refuge as long as wildfires aren't roaring and people are doing their best to treat the land with respect. 'Know before you go' To address the concerns due to crowding, the Forest Service sent out the following message: 2/10/2021 Seeking COVID-19 escape, Oregon's outdoors crowded at unprecedented level • Be prepared for large crowds and no parking. If you don't show up early, parking may be limited. We ask that you have a prepared alternative location before arriving. If illegally parked on the sides of the road, emergency vehicles won't be able to reach you in your time of need. • Bears are coming for your trash! Please pack out what you take in and clean up after yourself. Due to these challenging times, the Forest Service has limited services available. Be safe by bringing and wearing proper gear. There are limited emergency services but increased amounts of safety incidents are occurring. • Fire Awareness — Don't leave fire pits smoldering and unattended. Do not light fires where not allowed. Several fires have wildly escaped and expanded through the forests. • Check forest area availability through website, social media feeds or Forest Service interactive map. Zach Urness is the author of `Best Hikes with Kids: Oregon" and "Hiking Southern Oregon." He can be reached at zurness@StatesmanJournal.com or 503-399-68oi. Find him on Twitter at @ZachsORoutdoors. https:llwww.registerguard.com/story/news/coronavirus/2o2O/07/28/seeking-covid-l9-escape-oregons-outdoors-crowded-at-unprecedented-level/11267_ .. 4/4 2/10/2021 Camping in the West? Like Everything These Days, It's Complicated - The New York Times (Tbe .New flol k Filnto Camping in the West? Like Everything These Days, It's Complicated "Every state is different. In some states, every municipality is different.' By Steve Knopper Published May 28, 2020 Updated Aug. 31, 2020 In the West, cabin -feverish parents yearning to take their children into the woods, couples trying to escape quarantine pods and all campers who miss their beloved outdoors will this summer find a complicated camping landscape, one of new and conflicting laws, closings and reopenings, and strict requirements on social -distancing and hand -washing. When the pandemic hit the United States in mid -March, Western states shut down in a staggered fashion, leading to the unprecedented closure of national and state parks. There were so few visitors that rarely seen pronghorn antelope in Death Valley grazed near a visitor center and bears roamed in public areas at Yosemite. Some parks now have recently reopened, in limited ways, but the experience will look "very different from what you night be used to," as Gov. Jared Polis of Colorado said earlier this month. Packing up an RX in Chatfield State Park, outside of Denver, Colo. Colorado's state -park campsites are open, at half capacity and requiring advance reservations, while those in Oregon and Washington are closed indefinitely. Benjamin Rasmussen for The New York Times What's open now? "It's literally changing on a daily basis," said David Basler, vice president of membership and marketing for the National Association of R.0 Parks and Campgrounds, an outdoor advocacy group. "Every state is different. In some states, every municipality is different" The reopening rules and phases not only vary according to state, but also whether the park is state or national, on private or public land, or federal land belonging to the National Park Service, Forest Preserve or Bureau of Land Management. Campers might consider creating spreadsheets to keep track of these reopening dates. Zion National Park in Utah reopened, but only one of its three campgrounds is operating. Colorado's state -park campsites are open, at half capacity and requiring advance reservations, while its Rocky Mountain National Park plans to phase in its Moraine Park and Glacier Basin campgrounds in early June. Montana's state parks are open for camping, but the Montana side of Yellowstone National Park remains completely closed. (The Wyoming side, including Old Faithful and other landmarks, is open, but not for camping.) In California, the'700,000-acre Angeles National Forest, home of Mount Baldy, Mount Wilson and a section of the Pacific Crest Trail, is scheduled to reopen its campgrounds over the next few weeks, but state camping remains prohibited. State parks in Washington and Oregon are also closed indefinitely, though public camping is available at out-of-the-way, B.L.M.-run "dispersed" sites, and only for two weeks or less. The tricky part is getting there as many parking areas and trailheads have been closed for weeks. https://www.nytimes.com/2020/05/28/travel/camping-west-coast.html 113 2/10/2021 Camping in the West? Like Everything These Days, It's Complicated - The New York Times "It's really designed for the tent camper or backcountry camper who has skills," said Chris Havel, a spokesman with Oregon's state parks and recreation department. "It tends to be a little more primitive." Whether directed to these rugged woodspeople or car -campers stuffing sleeping bags into S.U.V.s, almost all reopening public campgrounds are broadcasting the same messages: Stay close to home; bring water, food and whatever else you need; and avoid taxing local resources. "Plan as if you are going to the moon," Colorado Parks and Wildlife tweeted in mid -May. Joselyn Nesson, right, and her husband, Dan (not pictured— camped with their children Logan, 3, and Claire, 12, at Aspen Meadows Campground outside of Golden, Colo. Some parks anticipate that this year summer vacationers will flock to campgrounds and other outdoor recreational areas, especially those close to home, to get away. Benjamin Rasmussen for The New York Times Expect intense demand Even before the pandemic changed all the rules, interest in camping was booming. The number of households in the United States that camp increased to 39 million in 2018 from 32 million in 2104, a bump of more than 20 percent, according to a KOA Kampgrounds' North American Camping Report. Parks officials say they are receiving a spike in inquiries this summer. "It has been super, super stressful," said Bob Mergell, an administrator for Nevada's state parks, which are closed for camping until the state announces the second phase of its reopening plan. "For every phone call or email that I get thanking me for trying to keep stuff open, there's another email telling me I'm an idiot for keeping stuff open," Mr. Mergell said. The Coronavirus Outbreak, Latest Updates > Updated 13 minutes ago • The C.D.C. says tight -fit masks or double masking with cloth and surgical masks increases protection. • Atop official says the E.U. is'not where we want to be' on vaccinations. • In France, Covid cases plateau, vaccinations still lag and weariness sets in. https://www.nytimes.com/2020/05128/travel/camping-west-coast.html 2/3 2/10/2021 Camping in the West? Like Everything These Days, It's Complicated - The New York Times With international border restrictions, a vastly reduced number of domestic and international flights, and many hospitality businesses, including amusement parks and resorts, still closed, this is a travel season that's never been seen before. Some parks anticipate that summer vacationers will flock to campgrounds and other outdoor recreational areas, especially those close to home, to get away. Some types of camping sites are ideal for social -distancing, some officials say, because they encourage families to stay within their own sites and vehicles. And as Mr. Mergell, who has worked for parks for 30 years, said: "More than anybody, I recognize the benefits to physical and mental health to be outdoors and go out in nature and decompress." "We believe this is the summer of the great American road trip," said Betsy O'Rourke, chief marketing officer for Xanterra, which manages campsites for Yellowstone and operates lodges and concessions facilities in Grand Canyon, Zion and other national parks. "People can control the environment in their cars and R.V.s and vans." The interest can be see in private campgrounds and R.V. sites such as Soledad Canyon, in Acton, Calif., near the San Gabriel Mountains, which offers water and electricity for $73 per day. All private parks in California are open and have been all along," said Dyana Kelley, chief executive and president of CampCalNOW, a trade group for R.V. parks and campgrounds. "The phone has been ringing like crazy." For those willing and able to pay more, glamping may be an option. Seven miles north of Moab, Utah, outside the gradually reopening Arches and Canyonlands National Parks, Under Canvas rents private luxury tents, including linens, lounge chairs and high -end takeout meals, with nightly rates ranging from $300 to $400. "Social distancing is a fundamental part of how we are designed," said Matt Gaghen, Under Canvas's chief executive. The company will open its Utah location June 4 and plans to reopen locations near Yellowstone and the Grand Canyon the following week. New emphasis on hygiene This summer Under Canvas has made some significant changes, including allowing guests to check in electronically, and providing hand sanitizer and wipes, as well as "deep cleaning" of personal restrooms. Maintaining a clean environment is vital for public parks too, requiring more staff and funding to sanitize the campsites and enforce social - distancing requirements. And this comes at a time where travel constraints are hampering the hiring of new workers. Zion National Park, in Utah, has had to delay hiring 32 seasonal staffers, one reason the park is reopening just one campground. "We don't have our seasonal staff yet, and that's related to the pandemic and delayed hiring," said Jeff Axel, a Zion spokesman. Would-be campers should remain flexible, as even those in the industry are hearing bad news and thwarted plans. Carly Holbrook, a Colorado Tourism Office spokeswoman, booked reservations for a camping trip at Rocky Mountain National Park in December. The park recently sent a cancellation by email. She has no idea now what to do with her children, 3 and 5, this summer. "Life is crazy," Ms. Holbrook said, "which is why we were really looking forward to going camping." WE CAN DREAM ABOUT TRAVEL Follow New York Times Travel on Instagram, Twitter and Facebook. And sign up for our Travel Dispatch newsletter: Each week you'll receive tips on traveling smarter, stories on hot destinations and access to photos from all over the world. https://www.nytimes.com/2020/05/28/travel/camping-west-coast.html 3/3 2/10/2021 Overuse Overuse - Wilderness Connect - University Of Montana Heavy Footprints: Impacts to Wilderness from Overuse or Ecologically Insensitive Use The Wilderness Act of 1964 gave land managers a difficult and challenging mandate. Wilderness areas are to be kept in a wild and natural state —relatively free of human control —while, at the same time, providing for their use and enjoyment. Excessive visitation to wilderness has the potential to degrade the landscape and its ecosystem processes —the oft -raised concern that a place is "being loved to death" —as well as detract from the human -oriented wilderness experience, The first survey on outdoor recreation was done in 1960. Since then, outdoor recreation has been increasing dramatically, driven primarily by the growth of the U.S. population by over 100 million in just over 40 years. Participation in canoeing and kayaking, for example, grew from 2.6 million in 1960 to 15 million in the early 1980s to 28 million by 2000; participation in day hiking and backpacking has increased by 194% and 182%, respectively, since the early 1980s. Wilderness visitation has also increased, almost six fold, according to agency estimates, between 1965 and 1994. Between 1999 and 2009, the number of people visiting wilderness areas increased by nearly 18%, with a 32% increase in total visitor days. Although a Forest Service projection suggested a decline in per -capita wilderness visitation between 2008 and 2030, actual numbers of participants are forecast to rise by 24%. This predicted increase may indeed be early, due to the pandemic of 2020. 'Wreakreation (ht ps://www.hcn.org/articles/writers-on-the-range- opinion-the-wreckreation-in-our-wild-places),' as some call the damage from simply too many people, has become a real concern. It should be pointed out that a wilderness needn't be "overused" to suffer from visitor impacts: a small number of outdoor recreationists who fail to practice Leave No Trace principles —say, by traveling and camping on vulnerable surfaces such as lakeshore vegetation or cryptobiotic soil, trashing campsites or fouling water sources —can leave quite the mark on even a lightly -visited wilderness. Changes in Wilderness Visitation In addition to increases in outdoor recreation participation and wilderness visitation, the typical wilderness visit is also changing. Wilderness visitor groups are getting smaller, typically ranging from 2-5 people; lengths of stay are getting shorter, with day use being the most common type of wilderness visit; and many people are now choosing to visit wilderness areas closer to their home or in their home state. *� n S) r- A �'ill)rl tl tdre �l' ,y -0- 0 a:, `�t4lfsttlu \:{e,0 rJ i. 0 g C� 1IAN la. tlt3lr�'� 1�%•a 'ICY`d till .0 W-Al zo � ( i7 4 0 4 s I tI N r� 0 Q' ..�r _'i'A'!'C S u0 o 0cup w ` c> ca �. w Ins �� o %0 all" �0 1 M I li� � p f 00 0 ti o t gV00000 0 .0 ✓� J M I \ I < u lilt tron'r iA n.l it ,i u r t U 11 \ https://wilderness.net/learn-about-wilderness/threats/overuse.php 1 /6 211012021 Overuse - Wilderness Connect - University Of Montana This map shows wildlands and their proximity to cities. Nearly 80% of America's largest cities are within 100 miles of at least one wilderness area. Biophysical Impacts from Visitors Research has shown that recreation can impact both biophysical and social aspects of wilderness. Common biophysical impacts include trampling, campfires and wood collection, tree damage, wildlife disturbance, trash, and human feces. Overall, Leave No Trace (b_Ups.1/lnt.org() education plays an important role in helping visitors understand how they can minimize their biophysical impacts when recreating in wilderness. Trampling Perhaps the most common type of biophysical impact is trampling, which is caused by the footsteps of hikers and pack stock. This can damage or kill plants, compact soil, and increase erosion. The footfall of a hiker exerts some 4.2 pounds per square inch of ground pressure; a shod and mounted horse some 62.3 pounds per square inch. Not all vegetation is equally vulnerable to trampling: With their soft stems and low -set perennating buds, graminoids (grasses and sedges) tend to be more resilient than more brittle woody plants and tall forbs. Hikers and stock may therefore wield somewhat less of an impact on a grassy meadow than on the forb- and shrublet-carpeted floor of a wood. Trampling research shows that small amounts of use generally cause substantial impact, while additional use increases impacts much less. Site durability also plays an important role in how well areas resist impacts. A study of campsites in Wyoming's Popo Agie Wilderness exemplifies both of these statements. In this study, researchers found that camping for one night in a previously unused forested area eliminating 60% of the vegetation, while four nights eliminated 80%. On neighboring meadow campsites, however, four nights of camping had no effect on the vegetation during the first year of use. Degradation started to occur during the second year with vegetation loss of less than 20% and no further loss occurred during the third year. Research also shows that recovery rates for highly trampled areas are variable but are almost always slower than rates of deterioration. For example, impacts of trampling are still visible 30 years after experiments were conducted in alpine vegetation in Glacier National Park, while in contrast, evidence of camping in closed riparian campsites at Delaware Water Gap disappeared after only six years. Not surprisingly, larger groups of people create larger impacts, and pack stock generally create more trampling impacts than hikers. Of particular interest in grazing areas is trampling damage done to wet meadows by pack stock. In many cases, pack stock are prohibited from grazing during wet seasons to minimize trampling impacts. If excessive trampling causes dieback of groundcover, it may eventually hasten the removal of duff, humus, and ultimately organic soil, exposing underlying mineral soil to compaction. This can impede seed germination and water infiltration. Although trampling, to some extent, is an unavoidable and tolerated consequence of the Wilderness Act's mandate to provide for the use and enjoyment of wilderness by all Americans, campsite and trail impacts have increased greatly over the past several decades, primarily due to the creation of new campsites and trails rather than the recovery of https://wilderness.net/learn-about-wilderness/threats/overuse.php 2/6 2/10/2021 Overuse - Wilderness Connect - University Of Montana existing ones. For example, the number of campsites increased by 53% in the Selway-Bitterroot Wilderness between 1977 and 1989, 84% in the Lee Metcalf Wilderness between 1975 and 1990, and 123% in the Eagle Cap Wilderness between 1972 and 1988. Common strategies to minimize trampling impacts include: concentrating use on existing trails and campsites; discouraging shortcutting and creation of social trails; requiring camping on designated campsites in areas that receive extremely high use; distributing low levels of use in extremely durable areas (for example, rocky or grassy areas that resist impacts); or discouraging use of certain areas when they are wet and more prone to erosion or relocating trails to prevent erosion. Campfires Other types of biophysical impacts include campfires, which sterilize soil and consume local wood that might otherwise contribute habitat and decomposition energy to the ecosystem. This makes it critically important to confine fires to existing fire rings or, in some cases, to prohibit or discourage campfires in areas where firewood is minimal, such as in high -elevation whitebark-pine stands in the West. With options such as lightweight LED lanterns, visitors can choose to enjoy evening light without a campfire. Tree Damage Wood collection for campfires depletes woody debris that serves to nurture new vegetation growth in and around campsites. For example, research in Oregon wildernesses showed an average 40% reduction in woody material 30 to 45 feet from the center of campsites. To minimize wood collection impacts, managers discourage live tree cutting, recommend leaving large downed woody debris alone and burning only downed wood that can be broken by hand. Wood collected for campfires should be 'Downed, Dead and Dinky.' Tying pack stock can also damage or kill live trees. Hitch rails, or corrals, are sometimes found in wilderness and serve to both keep stock away from trees and concentrate their trampling impacts into small areas. Wildlife Disturbance Wilderness visitors can also directly disturb wildlife, either intentionally —through hunting, trapping, fishing or fish stocking, for example —or unintentionally. Trash, including food, and habitat modification, such as firewood collection, can affect small mammals and bird populations by changing food sources and shelter options. Off-season use of wilderness can be particularly taxing for wildlife. Several studies, for example, have documented elk disturbance in winter by cross-country skiers. As such, some wilderness areas are closed —partially or entirely —during nesting, breeding or critical feeding times. Part of Florida's Cedar Keys Wilderness, for example, is closed to public entry from March 1 through June 30 to protect colonial nesting birds. Trash Unfortunately, wilderness visitors often leave trash and other human waste in wilderness. Although it is a generally accepted practice to bury human waste in catholes, some heavily used areas, such as Mount Adams in the Mount Adams Wilderness, now highly recommend or require the use of portable personal waste disposal systems, such as Wag Bags. As visitor numbers increase, more wilderness areas may require human waste to be packed out. There is little excuse for leaving trash in wilderness, however, since Leave No Trace recommends that visitors who pack -it -in also pack -it -out. https://wilderness.netAeam-about-wildemess/threats/overuse.php 3/6 2/10/2021 Overuse - Wilderness Connect - University Of Montana Trash comes in all shapes and sizes and is removed by rangers or volunteers from nearby communities. Social Impacts from Visitors Biophysical impacts to wilderness are sometimes more visible than social impacts. However social impacts can pose significant threats to the quality of visitor experiences. Social impacts include crowding, loss of solitude, and conflict. Crowding and Loss of Solitude Crowding and loss of solitude are important impacts to the social aspects of wilderness that can occur from recreation. Although visitor experiences are complex, encounter monitoring is often used as a measurement technique for understanding social impacts since encounters, both on trails and at campsites, are an important determinant of experiencing solitude in wilderness. For example, 68% of hikers surveyed at trailheads in the Shenandoah Wilderness indicated that seeing a few or no other groups contributed to a sense of solitude. Survey respondents in the Alpine Lakes Wilderness and Three Sisters Wilderness indicated that lack of encounters, particularly at campsites or rest areas, added greatly to the sense of having a real wilderness experience. This study also suggests that the effects of increasing encounters are more pronounced on moderate -use trails than on high -use trails. Indeed, when faced with crowding, users desiring high levels of solitude are often displaced from high -use locations. For example, 13% of respondents surveyed in 19 Oregon and Washington wildernesses could identify at least one place within a wilderness to which they would not return, with crowding being the most cited reason. https://wildemess.net/leam-about-vAidemess/threats/overuse.php 4/6 2/10/2021 Overuse - Wilderness Connect - University Of Montana Research suggests, however, that the majority of wilderness visitors are adaptable. In studies of high -use locations in Oregon and Washington wilderness areas, researchers found that although wilderness visitors do care about how many other people they encounter, "they learn; they plan; they adjust their expectations; they cope; they rationalize, they view things in relative terms —rather than in absolutes —they say 'this place provides more solitude...' rather than 'this place provides no solitude; they make trade-offs. They adapt."As such, management actions that limit access, such as the institution of use limits, are not widely supported when proposed for the purposes of maintaining quality visitor experiences rather than to mitigate biophysical impacts. Conflict There is also recognition that visitor density is not the only factor affecting the social aspects of wilderness, Different user groups often have contrasting views on wilderness values, and types of encounters, not just numbers, can lead to conflicts. Much of the research on conflict in wilderness has centered on conflicting recreational uses, such as conflicts between hikers and stock users, private and commercial rafters, hunters and non -hunters, solitary and social outdoors - people, or visitors with and without dogs, In some cases, conflict between user groups is asymmetrical, or one sided. For example, while only 4% of John Muir Wilderness stock users disliked their encounters with hikers on a specific trip, over one-third (36%) of hikers who met horses disliked the encounters. Conflict occurs due to differences in four ways to describe wilderness visitors. Types of Wilderness Visitor Conflicts Visitor Definition Example Differences https://wilderness.netAearn-about-wilderness/threats/overuse.php 516 2/10/2021 Overuse - Wilderness Connect - University Of Montana Activity The various An angler who places high importance on tying flies and luring wild cutthroat Style personal trout to a barbless hook will likely experience conflict with spinning or bait meanings anglers sharing the same resource. assigned to and the intensity with which visitors participate in selected activities. Resource The significance Mountain bikers in Montana's Rattlesnake National Recreation Area were more Specificity attached to using dependent upon the place than hikers because they reported fewer substitutes a specific place for the kind of biking they liked to do there than hikers reported. or resource for a given recreational experience. Mode of The varying Mountain bikers at the Rattlesnake National Recreation Area were found to be Experience expectations of most focused on the activity itself, while the hikers who were feeling conflict how the natural were more focused upon their social group or the environment. environment is perceived or the focus of a given recreational experience. Lifestyle The tendency to Private rafters on Idaho's Salmon River may experience conflict when Tolerance accept or reject encountering commercial rafters if they know or believe that commercial lifestyles rafters: are the dominant user on that river; tend to have much higher annual different from household incomes; are generally novice river floaters; have high expectations one's own and for nature but attach low value to solitude; tend to come from distant large believe in urban centers; and do not have to compete in a lottery system like private stereotypes. floaters to obtain a permit. Wilderness Connect University of Montana 32 Campus Drive Missoula, Montana 59812 Phone: (406) 396-3607 lisa@wilderness.net (mailto:lisa@wilderness.net) Wilderness Connect Policies (J../policies.php) https://wilderness,netAeam-about-wilderness/threats/overuse.php 6/6 2/10/2021 Forests to examine overuse of Central Oregon vrildemess I Local&State I bendbulletin.com https://www. bend bulietin.com/localstate/forests-to-examine-overuse-of-central-oregon- wilderness/article 6814edb4-d861-5c2g-b55a-d6ad2gb2a1ae.html Forests to examine overuse of Central Oregon wilderness Deschutes, Willamette National Forest to partner on public meetings By Stephen Hamway - The Bulletin Mar 10, 2017 From the northeast end of Waldo Lake, Diamond Peak is reflected in the water. Waldo is one of Oregon's most popular lake! is under consideration to receive additional protections. (Mark Morical/Bulletin file photo) Amid claims that wilderness in Central Oregon is being loved to death, the Deschutes and Willamette national forests are partnering for a pair of public meetings in Bend next week, in an effort to draw attention to the overuse. https://www.bendbuiletin.comAocalstatelforests-to-examine-overuse-of-central-oregon-wildernesslarlide 6814edb4-d86l-5c2g-b55a-d6ad2gb2alae.h... 1/4 2110/2021 Forests to examine overuse of Central Oregon wilderness ( Local&State I bendbulletin.com U.S. Forest Service officials say these meetings are a start toward better understanding how to keep natural areas near Bend natural for future generations. "We want to balance human needs and the ecological health of the forest," said Jean Nelson -Dean, public affairs officer for Deschutes National Forest. The first of the two-hour meetings is scheduled for 5:30 p.m. March 17 at the U.S. Forest Service headquarters in Bend, 63095 Deschutes Market Road. A second meeting is planned for 9 a.m. March 18 at the same location. Nelson -Dean said the meetings are a first step toward what the Willamette National Forest is calling the Central Cascade Wilderness Visitor Use Project, an analysis in accordance with the National Environmental Policy Act aimed at better understanding the impact of additional visitors to the forests. "We want to look at the broader picture," Nelson -Dean said. "This is kind of the first step." The meeting will focus on the wilderness areas in the Deschutes and Willamette national forests, lands governed by the federal Wilderness Act of 1964. The lands, which comprise 182,186 acres of the 1.6 million -acre forest, are held to stricter standards for protection and enhancement than the rest of the forest and require a visitor -use permit to access, said Lisa Machnik, recreation, heritage, lands and partnerships staff officer for Deschutes National Forest. https://www. bendbulletin,com/localstate/forests-to-examine-overuse-of-central-oregon-wilderness/article_6814edb4-d861-5c29-b55a-d6ad29b2a 1 ae.h... 2/4 2/1012021 Forests to examine overuse of Central Oregon wilderness I Local&State I bendbulietin.com Machnik said wilderness areas, particularly those within easy reach of Bend, have seen increased visitation over the last few years, and the crowds have damaged trails and left behind trash. The Forest Service dismantled 759 campfire rings and buried more than 1,200 pounds of human waste in the Three Sisters, Mount Jefferson, Mount Washington and Diamond Peak wilderness areas in 2o16, according to numbers collected by staff and volunteers. "Most people are great visitors," Machnik said. "But when you have that volume of people, you start to see these impacts." She added that having more people on popular wilderness paths, such as Broken Top Trail, can lead to those trails getting wider, which can damage local plant populations. Consequently, the Forest Service faces an evolving dilemma between encouraging visitors to use popular wilderness areas and ensuring they stay preserved for future generations. Machnik described the meetings as a preliminary step toward ensuring Central Oregon residents are aware and involved before a more formal analysis begins this spring. "These public lands belong to everyone, and a lot of people are interested in how they're managed," she said. Nelson -Dean added that the meetings will begin with a brief presentation focused on the difference in responsibilities between wilderness areas and the rest of the forest. She said Troy Hall, a researcher from Oregon State University, will speak about some of the impacts of overuse from a scientific perspective. Machnik added that the Forest Service will have information tables set up that attendees can visit, and time for them to speak about how they would like to see the forests managed going forward. "We want to get a discussion going," she said. — Reporter: 541-617-7818, shamway@bendbulletin.com bendbulletin.com https:llwww.bendbuiletin.com/localstate/forests-to-examine-overuse-of-central-oregon-wilderness/article_6814edb4-d861-5c29-b55a-d6ad2gb2al ae.h... 314 2/10/2021 Forests to examine overuse of Central Oregon wildemess I Local&State ( bendbulletin.com "We want to balance human needs and the ecological health of the forest." — Jean Nelson -Dean, public affairs officer for Deschutes National Forest https://www.bendbuiletin.comAocalstate/forests-to-examine-overuse-of-central-oregon-wilderness/article_6814edb4-d861-6c29-b55a-d6ad29b2a1 ae.h, .. 4/4 2/10/2021 Forest Service bans camping in overused area I Local News i eastoregonian.com https://www.eastoregonian.com/news/local/forest-service-bans-campi ng-in-overused- area/article 1115b82e-afc1-11 e9-bf22-43bd6f97dbb3.htm1 FEATURED Forest Service bans camping in overused area By Jayson Jacoby EO Media Group Jul 26, 2019 BAKER CITY — The Wallowa -Whitman National Forest has banned overnight camping on a 240-acre site near Sumpter due to damage caused by people staying in the area for longer than the 14 consecutive days allowed. "Because of this type of use, the area has become very impacted from the campers," according to a memorandum from Tom Montoya, Wallowa -Whitman supervisor. The affected area is near Huckleberry Creek, along Forest Road 1090 just east of Highway 7, about 5 miles southeast of Sumpter. In his memo, Montoya wrote: "The visitors to the area appear to have established a pattern of being disruptive to the local residents. There have been reports of forest visitors digging septic holes, leaving litter behind, and damaging wetlands with off -highway vehicle play activities." https://www.eastoregonian.com/newsAocal/forest-service-bans-camping-in-overused-area/article_1115b82e-afc1-11 e9-bf22-43bd6f97dbb3.htm1 1 /2 2/10/2021 Forest Service bans camping in overused area I Local News I eastoregonian.com Montoya wrote that Wallowa -Whitman employees have documented some of this damage, including with photographs. "To prevent this damage from continuing, the area needs time to be closed to let the area rehabilitate," Montoya wrote. Forest employees have received reports that people have stayed in the area for as long as 3 to 4 months, according to Montoya's memo. He also wrote that employees have "received multiple complaints and requests for the Forest Service to do something." Forest Service law enforcement officers will monitor the area during the camping ban. — EOMG and wire services hftps://www.eastoregonian.com/news/local/forest-service-bans-camping-in-overused-arealarticle_1115b82e-afcl-lleg-bf22-43bd6fg7dbb3.htmi 212 THE SOURCE WEEKLY'S REPORTING IS MADE POSSIBLE BYTHE POWER OF YOUR SUPPORT. BE A PART OF IT! BECOME A SOURCE INSIDER LOGIN IM ■ 11 SUBSCRIBE TO THE CASCADES READER SEARCH CULTURE NEWS & FEATURE FOOD & DRINK OUTSIDE CALENDAR SHOP ADVERTISEMENT ,k,, ;, J Tweet Pin It Email Print Favorite Share NEWS » LOCAL NEWS August 07, 2oig At Home On Public lands Dispersed recreation could help With overuse issues. A first step toward that goal: An education into how the public can use its Lands BY NICOLE VULCAN @NICOVEE any people turn to the outdoors as a form of relaxation, a way to get away from it all. To get away, more specifically, from other humans. Some balk at seeing and hearing other humans in the wilderness —so tension arises because the public lands upon which most recreation takes place belong not to just one person, but to the American people as a whole. It might suck to have your moment of repose interrupted by the call of another human, but that person has just as much right to be there as anyone else. people —and especiaLLy fellow locals —to find and explore sites seen Less often in Instagram geotags, such as Paulina Peak and the Newberry National Volcanic Monument (seen here), and to think twice about geotagging those sites themselves. The Wilderness Act of 1964—which set aside 9.1 million acres of wilderness areas across the United States —introduced the notions of "increasing population, accompanied by expanding settlement and growing mechanization," and set aside those lands "in their natural condition," in order to "secure for present and future generations the benefits of wilderness." Those wilderness areas are just a portion of the state, federal and locally managed public lands where anyone is allowed to recreate, and even camp out, for extended periods of time, often for free. As Lisa Machnik, staff officer for Recreation, Lands and Partnership on the Deschutes National Forest, puts it, "Part of the discussion always comes down to, these are public lands, and they're open to all." As the population and tourism numbers in Central Oregon continue to grow, questions around how to handle overuse will continue to arise. One solution, for officials at the Deschutes and Willamette national forests, lies in limiting use and introducing a permit quota system at certain popular trailheads starting in 2020. Enjoying this story? We depend on your support to help fund our coverage. Support local, independent media with a small monthly or one time contribution. Thank you! Another solution: a public that's educated around its right to use public lands, which could become even more invested in the lands' future, and more involved in its care. A picture of overuse It's a typical summer Saturday. The trails are primed after a quick rain, the sun beats into every crevice, the snow-capped mountains and cerulean lakes are beckoning —and next to the Green Lakes trailhead, the visitor is greeted with 100 other cars, which carried in the visitor's many trail companions for the hike ahead. It's scenes like that final one that have many Central Oregonians aiming to put up the "full" sign along the Cascade Lakes Highway every summer. And it's why the Green Lakes trailhead is one of a handful of sites slated to fall under the new permit system starting next year. "Finding that balance between allowing people unfettered access —allowing them the freedom to find new places and explore versus getting to the point where we need to take managerial action because too many people have found those places —it's a really tricky thing," said Kevin Larkin, district ranger for the DNF's Bend -Fort Rock Ranger District. "In my experience at least, it's only been achievable on a case -by -case, site -by -site, location -by -location basis." DNF spans 1.7 million acres, just one part of a vast system of public lands held in trust for the enjoyment of the American people, for the preservation of wild places, and, increasingly under the Trump Administration, for resource extraction. According to data compiled by the Center for American Progress, through a series of executive orders, the current President has removed protections for over 13,498 million acres of public land, the majority of which involve mineral withdrawals. Between the Forest Service's lands and the roughly 1.5 million acres managed by the Prineville District Office of the Bureau of Land Management, Bend, Redmond and Sisters are literally sandwiched by public lands —representing a nearly endless span of opportunity to recreate somewhere that doesn't involve battling the other cars parked precariously along the Cascade Lakes Highway. "In general, I don't think that a good portion of the American public understand the opportunities they have to go and camp off the beaten path a little bit, dispersed, and experience their public lands in a very different environment," says Jeff Kitchens, field manager for the BLM's Deschutes Resource Area, part of the Prineville office. "The number of places like that is endless," he said. So why are so many people duking it out, battling traffic at a handful of popular spots? Using public lands Some blame the pervasive use of geotags on social media for the proliferation of people at certain spots. Some point to the work of local visitors' bureaus, tasked with promoting the region. Still others say there's a lack of knowledge by the general public about its right to use public lands. On that last point, here's the super -fast primer: Everyone, regardless of background or status, has the right to recreate on public lands, and to stay overnight —with some restrictions —for roughly two weeks at a time, depending on the land. In the Deschutes National Forest, for example, the limit for "dispersed camping" is 14 days in one place. After that, users must move more than 5 "road miles" away from that original spot. "Sometimes there is a lack of awareness about dispersed camping," says Macknik. "A lot of people do it, and there's another huge group of people who don't know that A. it's allowed, and B. what the rules and best practices are around it." While Machnik encourages users to check with the particular land manager — whether it be the National Forest, BLM or state, county or local land managers —to verify what's allowed on that land and how long they can be there, the general best practices are pretty simple: Leave No Trace, don't bush -whack new trails, put out your fires and don't be a jerk. Pick up your trash, bury your human waste in a cat hole at least 6 inches deep, and ensure you're not doing that human business within 200 feet of a waterway, in addition to choosing a camp site at least that distance from water. If what you're doing is having a negative effect on someone else's experience —such as having a late -night party with lots of yelling —don't do it. "The opportunity to go out and disperse yourself across the land is an opportunity to reduce concentration, but you also have to do it sensibly and you have to do it in an educated and informed manner, otherwise you take a chance on creating more impacts than on a developed site." — Jeff Kitchens tweet this The BLM's Kitchens doesn't just work for a public lands agency —he also regularly seeks out opportunities for solitude on public lands. While he recognizes that developed campgrounds and their myriad creature comforts can have their value in terms of managing resources for the greater good, that's not his weekend jam. Kitchens described how, on a recent trip, he and his family spent two days in a "high country" location fewer than 60 miles from Bend, only seeing one other car in the distance the entire time. Back where he grew up, on the east coast of the U.S., driving two hours might only get one outside the metro area, he said. In Central Oregon, driving for that same span of time means the majority of Oregon is within reach —ensuring he doesn't necessarily have to go where anyone else is staying. He's quick to point out, however, that dispersing people across less -concentrated areas comes with considerations. "Developed sites were set up for specific reasons —to concentrate use, to manage use and to limit impacts to resources —especially when these sites are adjacent to more sensitive sites or resources," Kitchens said. "The opportunity to go out and disperse yourself across the land is an opportunity to reduce concentration, but you also have to do it sensibly and you have to do it in an educated and informed manner. Otherwise, you take a chance on creating more impacts than on a developed site." At home on public Lands Public lands are where I met Craig Bierly, retired from a career in aerospace, whose "business card" reads "Doing what 1 want since 2008." Bierly is something of a legend in the mountain biking community —though I didn't know him until a day about nine weeks ago, when he was pulling into a semi -established dispersed spot near a bike trail in the Deschutes National Forest and came across my huddled form, hugging a dislocated shoulder and broken scapula. Retired from a career in the aerospace indusi Sprinter he customized himself —often found I o ..y . a r,v..- ... . on public lands. As a longtime mountain biker, he describes how mountain biking used to be "a lifestyle," and laments how today, it's more of a "competitive sport." Likewise, he's enlightened me about a life lived primarily on public lands. "I was a Boy Scout as a teenager and went to Philmont Scout Ranch in '64, at 14, and that exposed me to backpacking. In 1975 1 took my first backpacking vacation —my first trip by myself," Bierly explained over beers at the site he occupied one recent night near Bend. "That was in Pennsylvania, so it was on state land. In 1969 and '70 1 worked for the Forest Service here in Oregon, and at that point, I learned that you could camp on Forest Service lands without permits or campgrounds or anything." Today, he knows not everyone has that same knowledge. "I encounter people at times that just say, hey, where can you camp, and it's like, duh, it's known. Where have you been?" Bierly joked. Bierly—who moves around on various public lands in the U.S. throughout the year —recognizes that public lands come at a price. Not only is the public paying for the right to use them —but there's also the inherent responsibility to keep things clean, and to give back. "It's free in terms of I'm not paying for it this way, but citizens are taxpayers, and my taxes go to pay for the public lands," Bierly said. 1 have several spots in the country that are kind of a home base. Bend is one of them, Sedona [Arizona] is another. I belong to bike clubs in both places, and when I find trail work in places, I participate. Yesterday, I worked with COTA [Central Oregon Trail Alliance] and we brushed Farewell. It gives me a connection to the community." Spreading out the Load The impacts of overuse can be numerous, including "biophysical impacts" such as "trampling, campfires and wood collection, tree damage, wildlife disturbance and trash," according to Wilderness Connect, a collaborative website formed by W.A. Franke College of Forestry and Conservation's Wilderness Institute at The University of Montana, as well as the Arthur Carhart National Wilderness Training Center and the Aldo Leopold Wilderness Research Institute —both federal agencies. In terms of social impact, "1 3% of respondents surveyed in 19 Oregon and Washington wildernesses could identify at least one place within a wilderness to which they would not return, with crowding being the most cited reason," the project stated. Some see the advent of more dispersed camping and recreation spread farther afield as a means of spreading out the load. Jason Bagby is a local photographer, videographer and the founder of the Cascadia Adventure Film Festival, which makes its debut Sept. 5-7 as Central Oregon's first home-grown outdoors film fest. He's also an advocate for dispersed recreation as a means of reducing impacts in certain areas. "When we go out and explore, I think we all need to ask ourselves, does this place need more attention? And if it doesn't, and I still want to post about that, I'm going to tag it responsibly, or I'm going to simply go and try and find a new place to adventure." —Jason Bagby tweet this In addition to showing films covering water issues, climbing, mountain biking and trail running at the festival, Bagby and his team are debuting an as -yet - unnamed film on sustainable recreation, sponsored by Visit Bend —the entity tasked with promoting Bend tourism. "A big part of the reason that we're creating this sustainability film is to try and educate, to create more awareness, both for the locals —especially for the locals who are somewhat bitter about, hey, Green Lakes is always busy. Well, guess what, even as a local, there's a lot of other areas that we can venture out into," Bagby said. "When we go out and explore, I think we all need to ask ourselves, does this place need more attention? And if it doesn't, and I still want to post about that, I'm going to tag it responsibly, or I'm going to simply go and try and find a new place to adventure, doing it under the current guidelines and restrictions that the Forest Service currently places on the backcountry," Bagby said. "Tag responsibly" is a something of a mantra among sustainably minded outdoor enthusiasts of late. What it can mean: Making the choice not to add a geolocation to social media posts, so that those areas don't become subject to over -exposure on social media, which can lead to overuse in real life. Still, Bagby does draw a pretty direct line between experiencing a place, and the potential to work for its good. "One of our goals as a film, as a partnership with Visit Bend, is to focus on the areas of dispersement that need traffic," he said. "I think in order to advocate for something you have to have experienced it. I think that's sending people out to an area such as Newberry or the Badlands —that from a distance might not look that interesting —but when you're there and the wildflowers are blooming, it's an incredible place." Public lands for all Delving into the topic of public lands and only discussing dispersed recreation is like opening up a can of chili and only eating one bean. The topic of public lands camping, in itself, conjures the conundrums of homelessness and public lands' use as a refuge for displaced people. It brings up the controversies around the current administration's plays for more mining and oil and gas extraction. It raises the issue of Regional Advisory Councils, and how under that same Administration, their numbers may soon be greatly reduced (see this week's News page). It hearkens us back to the 2016 standoff at Malheur National Wildlife Refuge and the topic of grazing fees for ranchers, and what rights we have to make personal profit by using public lands. It brings up any number of issues not even named here. But as Bagby puts it, "Proper education, proper exposure, proper awareness is the way we can start to advocate for areas and lessen our impact." As Larkin at the Bend -Fort Rock District said, "The Forest Service is an agency founded very much on the notion that these are public lands for the public to use at their discretion —certainly within bounds. But we're also founded on this philosophical principle of 'the greatest good for the greatest number for the longest amount of time' and that's one of our foundational ethics. And so we have an obligation to do what we need to, to maintain conditions so that the next generation and the generation after that and the generation after that can have that same experience when they go to a place —that they don't go to a degraded landscape that's been beaten down over years and decades." For Kitchens, the solution lies not just in educating people about the many places they can go —but also in looking at public lands more holistically. "I do believe that moving forward we do not have the ability to simply look at one land management ownership or one land management area in tunnel vision anymore. We have to start looking at things collectively," Kitchens said. "We have start to looking collectively, have to start creating strategies, that as we get this increased use, we are able to provide enough outreach and Information to hopefully disperse the use so that not everybody is going to one certain area at a certain time of year." Stay tuned next week, when we continue our coverage of public lands, looking at the current regulatory environment. ABOUT THE AUTHOR f 0 © 8 Nicole Vulcan has been editor of the Source since 2016. (Blame her for everything since then.) Favorite car: A Trek commuter bike. Favorite cat: An adopted dog Who looks like a Jedi master. Favorite things, besides responding to your comments: Downton Abbey re -runs, Aretha Franklin albums, and pink wine. More > Tweet Pin it Emall Print Favorite Share ® p TRENDING Deschutes County to Move Out of Extreme Risk Listen: Local Music Legend Jeshua Marshall of Larry. & His Flask on Going Solo A Listen: Source Weekly l lPd2tQ,i/_4-a NOJ3HO'kiN(IOO sanHOS30 Oaoenc/LO � NVld1fowi311SdAVO { ` L6 AMH N L909 AGNOMON NM`dHS k-Z- i Q 5., z >g o00 Cynthia Smidt From: Dustin Hamlet <dustin@welcomehomebend.com> Sent: Thursday, February 11, 2021 10:34 AM To: Cynthia Smidt Subject: Re: Campground at NW hwy 97 [EXTERNAL EMAIL] 21182 SE Kayla Ct, Bend, OR 97702. Thank you. Dustin, On Wed, Feb 10, 2021 at 2:57 PM Cynthia Smidt <Cynthia.Smidt cr,deschutes.org> wrote: Hi Dustin, Your comments have been received. For our records, please provide your mailing address. Thanks you. Cynthia Cynthia Smidt I Associate Planner a _ f? 117 NW Lafayette Avenue I Bend, Oregon 97703 �. PO Box 6005 1 Bend, Oregon 97708 Tel: (541) 317-3150 1 www.deschutes.org/cd Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. From: Dustin Hamlet <dustin@welcomehomebend.com> Sent: Wednesday, February 10, 2021 2:42 PM To: Cynthia Smidt <Cvnthia.Smidt@deschutes.org> Subject: Campground at NW hwy 97 [EXTERNAL EMAIL] County Commissioners, I hope you will approve the campground at 64061 N. Hwy 97, Bend, OR 97701. A campground is a great use of the property because of its location and characteristics. It is not located within a traditional neighborhood and likely never will be given the presence of Highway 97. While I support economic development in Deschutes County, I don't want to see the area turn into an extension of the strip style commercial uses that exist to the south. I think the proposal does a great job of splitting the difference and retains that transition from urban to rural areas that we value so much in Oregon. It puts a property with limited agricultural potential into a higher use without fundamentally changing the appearance of the property. The setbacks shown on the site plan are generous and passing motorists will be largely unaware of the use as they drive by. These thoughtful design should be supported in Deschutes County. We should also support efforts to diversify of our hospitality industry, which has been so badly impacted by COVID and likely will be for the foreseeable future. Thank you. Dustin Hamlet, -0.,ustin Hamlel troker 541AK18.0404 Office dusk nh and of. wit hiv rexoni Windermere REAL ESTATE 6qj M% NIH VRV ", ShIOU jUnd VW 0002 3 Cynthia Smidt From: Tony Levison <alevison@me.com> Sent: Wednesday, February 10, 2021 2:40 PM To: Cynthia Smidt Subject: Campground at 64061 N. Hwy 97, Bend, OR 97701 [EXTERNAL EMAIL] County Commissioners, I hope you will approve the campground at 64061 N. Hwy 97, Bend, OR 97701. A campground is a great use of the property because of its location and characteristics. It is not located within a traditional neighborhood and likely never will be given the presence of Highway 97. While I support economic development in Deschutes County, I don't want to see the area turn into an extension of the strip style commercial uses that exist to the south. I think the proposal does a great job of splitting the difference and retains that transition from urban to rural areas that we value so much in Oregon. It puts a property with limited agricultural potential into a higher use without fundamentally changing the appearance of the property. The setbacks shown on the site plan are generous and passing motorists will be largely unaware of the use as they drive by. These thoughtful design should be supported in Deschutes County. We should also support efforts to diversify of our hospitality industry, which has been so badly impacted by COVID and likely will be for the foreseeable future. Tony Levison Broker Windermere Central Oregon Cell: 541.977.1852 Alevison@me.com 695 SW Mill View Way Suite 100 Bend, Or. 97702 httD://www.tonvlevisonbend.com/ Licensed in the State Of Oregon COAR President 2019 Cynthia Smidt From: william grymes <wsgpup@gmail.com> Sent: Wednesday, February 10, 2021 12:28 PM To: Cynthia Smidt Subject: CAMPGROUND APPEAL 247-20-000206 [EXTERNAL EMAIL] To Whom It May Concern, I support Roadhouse Ranch and Camp. I have resided on the property for 4 years. Our neighbors' children and their friends love bouldering on the lava flow. They think it's the coolest thing they have ever seen. There is so much beauty here. The wildflowers that sprout in the back of the property in June are beautiful. Having a campground here will be a benefit to the community as local campgrounds are always booked months in advance. The neighbors to the north,south, and east of the property look forward to seeing this campground come to fruition. We are all friends here. I know some people have been concerned about noise but the sound from the highway drowns out everything. You can be yelling at someone 10' away from you and they will not hear you. I support this project! Scott Grimes 64061 Highway 97 Bend OR Cynthia Smidt From: Den Bradshaw <dendangerously@gmail.com> Sent: Wednesday, February 10, 2021 2:10 PM To: Cynthia Smidt Subject: Campground Appeal & Modification, Files 247-20-000206-A and 247-20-000788-MA [EXTERNAL EMAIL] To Whom It May Concern, I support the development of Roadhouse Ranch & Camp. I wanted to let the commission know how incredibly important our family considers camping to both the positive upbringing of our toddler, and to our safety and mental/physical wellbeing during this covid pandemic. In our experience, camping and being in nature has been one of the few truly safe things we've been able to do with our toddler, other than sit sequestered in our own home. He's been to 11 states, has seen Yosemite, Sequoia National Park, the Grand Canyon, Bryce Canyon, Zion National Park, and countless state parks. We've done this all safely and responsibly, without ever getting sick. The ability to safely 'escape' into nature, and to camp responsibly in campgrounds has allowed us to stay happy, healthy and sane. The alternative is, of course, to just see the same house every day, with perhaps a careful (yet much more risky than a campground or forest) visit to a local park with lots of sanitizer and wipes. The reality is that out in nature, where the air is clean and the space between people is relatively vast and open, we are so much safer. We are also able to enjoy nature and variety in our lives, and to share these incredible experiences with our child. Of course, we're not the only ones who are maintaining their sanity by visiting campgrounds and national/state parks. With the increased number of people trying to stay happy and healthy during Covid, the burden on the relatively few existing campgrounds in Central Oregon is greatly increased. Which is why, in my opinion, it's THAT much more important to have more campgrounds available to families like ours, ASAP. Rather than trying to force more people into existing campgrounds, or simply making camping unavailable to anyone not lucky enough to get a spot, it's my opinion that it's the duty of our society and our government to allow more places like this to be available, so more families like ours can safely enjoy the beauty of nature without over -crowding or putting an increased burden on the existing (and in my opinion, far too few) campgrounds and parks in Central Oregon. Thank you for your time and consideration. Best Regards, Den Den and Lena Bradshaw 64170 Pioneer Loop Bend, OR 97701-7805 Cynthia Smidt From: Patti Adair Sent: Wednesday, February 10, 20214:33 PM To: Cynthia Smidt Subject: FW: Attached Image Attachments: 0451_001.pdf Good afternoon Cyndi, Here are my comments from yesterday. Thank you for taking the time for the detailed tour. Most sincerely, Patti + �,ti• Patti Adair Commissioner 1300 NW Wall St., Suite 206 Bend, Oregon 97703 Tel: (541) 388-6567 1 Cell: (541) 904-5378 Enhancing the lives of citizens by delivering quality services in a cost-effective manner. From: BOCC-Q326@deschutes.org <BOCC-Q326@deschutes.org> Sent: Wednesday, February 10, 20215:32 PM To: Patti Adair <Patti.Adair@deschutes.org> Subject: Attached Image BEFORE THE DESCHUTES COUNTY BOARD OF COMMISSIONERS REPORT OF SITE VISIT FILE NUMBERS: 247-20-000206-A, 247-20-000788-MA, 247-19-000879-MA, 247-19- 000583-MA, 247-19-000361-CU, 247-19-000362-SP, and 247-19- 000363-LM SUBJECT PROPERTY/ OWNER/APPELLANT: Shawn Kormondy Situs Address: 64061 N Highway 97, Bend ALTERNATIVE PROPERTY/ OWNER: Cramer Farms, LLC (Aaron Lafky) Situs Address: 64045 N Highway 97, Bend SUBJECT: Appeal of Hearings Officer's decision on a Conditional Use and Site Plan review for a 15-site private campground. The applicant also requests a modification of the original application that changes the proposed campground by adding handwashing facilities, showers, and floor drains. STAFF REVIEWER: Cynthia Smidt, Associate Planner HEARING DATE: February 3, 2021 PURPOSE OF REPORT: The purpose of this report is to place in the record of the above - referenced applications my observations and impressions from a site visit to the subject property and vicinity. SITE VISIT REPORT: Both myself and Commissioner [Patti Adair/Phil Chang] conducted a site visit to the subject property and neighboring property to the south on Tuesday, February 9, 2021, between 11:15 a.m. and 12:00 p.m. I was accompanied by Associate Planner Cynthia Smidt and Senior Planner Anthony Raguine. Also in attendance, the property owner Shawn Kormondy and Aaron Lafky of Cramer Farms, owner of the neighboring property. Staff reminded both Mr. Kormondy and Mr. Lafky that the Commissioners could not receive any evidence or testimony during the site visit. Ms. Smidt provided the following three documents for reference during the site visit. 1. The recent site plan submitted with file 247-20-000788-MA. This included one version with an aerial photo and another version without the aerial photo. 2. Comments from Attorney Liz Fancher for Cramer Farms (Aaron Lafky), dated February 8, 2021 3. Comments from Attorney Garrett Chrostek for Shawn Kormondy, dated February 9, 2021 We entered the property from Highway 97, along the eastern boundary. We proceeded on a gravel driveway that runs west-southwest to the location of the existing single-family dwelling. After parking our vehicles, we began a walking tour of the property, starting at the existing single-family dwelling then heading west, past the existing chicken coop, and to the location of the proposed campground. Site Visit Report, Private Campground (S. Kormondy) Page 1 of 3 The weather during the site visit was cool with the temperature in the mid-30s and partly cloudy. The Cascade Mountains to the west were visible at high points of the property. The subject property was marked with some or all of the following related to the proposed campground: • 100-foot setbacks (orange stakes) from the north, south, and west property boundaries • Campsites (pink stakes with site numbers) • Yurt sites (orange stakes with site numbers) • Toilet/shower/lavatory building (blue stakes in building corners) • Location of "proposed headlight/sight shielding fence" (green stakes at either end) • Septic test pit holes We continued in a westerly direction across the varying terrain and around to the west side of the "natural canyon" as denoted on the site plan. During the walking tour of the subject property, these were my observations: A juS 0 At approximately 11:45, we crossed through a gate to the neighboring property to the south. By doing so, we were able to view the subject property from this southern vantage point. We proceeded east in the direction of the highway. On this property, the following was marked: • The shared property boundary (pink stakes marked as property boundary) between the two properties. With this boundary marked, it was observed that the fence line and the actual property boundary are not the same. During the walking tour of the neighboring pro(erty, these were my observations: 11 At approximately 11:55, we crossed the fence line back to the subject property, observing those areas we missed earlier in the tour such as those proposed sites that will be located closer to the existing house. My overall impression from my site visit was as follows. • - !t. G.C1L-'Ss `�j C-bl �Uv��'2l�t�/'� • - - too Dated this 10 day of February 2021. Commissioner [Adair/Chang] Site Visit Report, Private Campground (S. Kormondy) Page 2 of 3 Cynthia Smidt From: Sent: To: Subject: Attachments: [EXTERNAL EMAIL] Hello again, Cynthia. Bruce Levin <brucelevin8485@gmail.com> Wednesday, February 10, 2021 1:20 AM Cynthia Smidt Re: Campground Appeal & Modification - Board Site Visit Bruce Levin Comments 2:9:21.pdf Included here is my second letter with my comments regarding the Kormondy IRA application for a conditional use permit for a campground, or as Kormondy prefers to call it, a "glampground." Please do what you can to have each of the Board members read my two letters. This campground is a bad idea for many reasons. In fact, it's hard to come up with some reasons why it's a good idea. Please let me know if you or any of the Board members have any questions for me. Stay well. All the best, Bruce Bruce Levin Email: BruceLevin8485@gmail.com Cell: 310 . 600 . 8485 From: Cynthia Smidt - Planning Division <Cynthia.Smidt@deschutes.org> Date: Friday, February 5, 2021 at 8:53 AM To: Bruce Levin <brucelevin8485@gmail.com> Subject: RE: Campground Appeal & Modification - Board Site Visit Hi Bruce, I think we'll be fine without needing to use your property during the site visit. We can walk the property line. Your concerns are warranted and so I'm sure you can re-emphasize this in your next round of comments. Cynthia Cynthia Smidt Associate Planner Disclaimer: Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. From: Bruce Levin <brucelevin8485@gmail.com> Sent: Thursday, February 4, 2021 11:03 AM To: Cynthia Smidt <Cynthia.Smidt@deschutes.org> Subject: Re: Campground Appeal & Modification - Board Site Visit [EXTERNAL EMAIL] Good morning, Cynthia. Would it be helpful to you and the board members that are planning to visit the Kormondy property to also be able to walk onto my adjoining property to the west? If so, even though I am still in Los Angeles, I would be happy to give permission and to ask a friend to meet you there. One of my major concerns is people from the campground "exploring" and "trespassing" onto my property. This could be kids, guests of campers, or campers. The proposed Kormondy campground isn't in a forest as Kormondy suggested, it's in a residential neighborhood! What kind of fence barrier will Kormondy use along the property lines that run through the rock outcroppings (i.e., the rock outcroppings that Kormondy refers to as "canyons" that run through his property and continue onto my property) to prevent trespassing and, when it happens, who do we call to enforce the no trespass rule? I think it is very important for the board to walk the property line and try to envision a barrier that will prevent all types of intentional and unintentional trespass. Thanks, Bruce Bruce Levin Email: BruceLevin8485@gmail.com Cell: 310 . 600 . 8485 ---------------------------------------- From: Cynthia Smidt - Planning Division <Cynthia.SmidtPc1eschutes.org> Date: Thursday, February 4, 2021 at 9:04 AM To: Cynthia Smidt - Planning Division <Cy_nthia.Smidt deschutes.org> Subject: Campground Appeal & Modification - Board Site Visit Corrected version attached. Hi All, RE: Campground Appeal & Modification - Board Site Visit For reference, see the attached notice of public meeting regarding the site visits to the Kormondy property and Cramer Farms property. Thank you. Cynthia Cynthia Smidt Associate Planner 117 NW Lafayette Ave) Bend, Oregon 97703 Tel: (541) 317-3150 1 www.deschutes.org/cd 11 D El Let us know how we're doing: Customer Feedback Survey Please note that the information in this email is an informal statement made in accordance with DCC 22.20,005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. TEL 310^600^8485 Email: t)rLjc-,cicvin8485@gtii�iii.c(.)m o * o u o o u u Cynthia 3ovftAssociate Planner - Deschutes County Community Development ||7NNbfiycnoAve. Bend, OR 97703 Re: KormomyIRA Application for Conditional Use Permit ("[UF'')for CxmPground Dear MsSmidt: Iamwriting this letter madd to and reinforce the oomnieno|made inmyp-CViOusletcei toyou cIloed Sepnrnmbmr 10. 2019, Please be sure to read and consider the comments | made in my prmvipus Ietler. because those comments are still very relevant today. | feel compelled to write this letter after listening to the public hearing chacoccun-ed on February ]. 2021 with you xmdthe Board ufCounty Commissioners. Please note, sonic ofmyconomcncsbelow are cxken directly frornmySeptember |0.20|9letter, As a reii-iincler, rny wife and 1, through our family trust, are the Owners of Tax Lot-, 5 13 and 5 14, Ourrvvo |u# adjoin Tux Lur8O0. owned by the Kormondy IRA ("Lot 000''), that is seeking a condidonx| use porn -lit ("CUP") for campground. My wife and i a|xo through oor family ouyc, arc the owners of five (S) additional |ocs that are within the defined area. "Surrounding Properties," as shown in Exhibit of the Modified ofApplication File No. l47-|9'O0O583'M/\.Asarczu|cofOut- property mvvoership,`°chave n significant personal interest inthe changes in |am6 uxrarnond us. YVr arc also members of the Rock C)' the Range Hnnnoowoer'x Aoocinnon, which has prev)uwS|y xub/nicce6 ics written commeoisnoYou. First, please know that my wife and | ire nuc^anci'dove|op,oenc^ in all its fornns, because we realize our city is growing and our city planners need to plan for- 6/cu,egrowth, Duringoo, thirty (30) yCa/x in Bend, we have sacnthe pvpu!adongrow f"onnabout 18,000 tonow almost 100.000. What vvcarc- against is poorly planned deve}opmentx, poorly managed deve|opn,cnts, and innppruprioce |xn6 use cknmges, which include developments for the wrong reasons. by the *vnon8 people, and/or create 6angcrumdunxo6cconditions for the surrounding homeowners. In my letter of September 10, 2019. 1 identified and discussed these five primary concerns: I Fire Hazard 2) Security I Safety 3) Sound and Dust pollution 41) Rules & Regulations — Management Oversight --- Liability Insurance S.) Reasons for CUP Application Although we are still very concerned with all five of the above listed concerns, in this letter I want: to poirit out:. other significant concerns that, in our opinion, were not �idequately discussed in tho public hearing la!Ft week on February 3, The significant concerns I want to address in this letter are: 1.) Financial Business Plan, Campground Design, and Management Experience running a campground 21) Management Oversight 31) Enforcement 4) Liability 1) Business Finan-c-i.all, Plan, CatiWround Design, -Maragemen-t Experience In my opinion, there are, among others, three important elements that are needed for a successful now campground business that: weren't discussed in detail during the hearing: A Financial Business Plan, a good Carllpgrouncl Design, and Management Experience needed to operate the new C3MIDgrOLInd. To the best of t-ny knowledge, no one has asked the question as to how this campground c.xan be, a financiAly viable business, justifying the significant il"IfFaStrUCtUrC build -out costs, and Lllcm the ongoing fixed opci-acing expenses (e.g., one full-time manager, etc.). Has someone with financial business expertise seen and pt-Opedy evaluated a Financial Business plan on the proposed campground as as bLISMOSS? SOWeOnC with onough financial business expertise to do sorne due diligence cute ask questions of the owner? Shouldn't Kornioncly, the owner- of the Cilf'rIpgf-00nd, be required to show why this now business, a glampground" (i.e., "luxury Cirripground" makes good sense both for him his IRA) and the City of Bond? If he can't, then why should Kormondy get approval of the CUP? By giving its approval, isn't the City of Bend also making in "investment decision" on behalf of the city? What's the payback to the City of Bend for allowing this business venture to receive i conditional use permit? In addition to the missing Financial Business Plan, what experience does the owner- have as a business operator of any type of business (my understanding is that, he is a real esuite broker from Los Angeles'i, let alone an operator of a specialized luxury campground locired in a residential neighborhood? By I0Ca1it)g this h-JXUry campground in a rural residential neighborhood, the demands, to keep the campers happily "confined" to this small property are quite different than a campground located in or near- a u-LIC forest (there is no "Juniper Forest" on the campground property as suggested by Kormondy). Each of the modifications made to die design in response to planning department requirements will cost more money to implei-nenLand also result in ongoing expense in the operation of the campground. H,,,,is anyone studied the additional costs of the modifications tilade by the applicant and the expense, to irnintain those modifications? All of these modifications add new financial challenges to this venture's �,uccoss. One example of poor Campground Design is the sole le bathroornIshower in the campground: How happy, will the 50 to 60 "glampers" be when they discover that they all area sharing only one bathroom, that also includes The only caryipground shower? What will the wait -time be in the morning when Up to 50 to 60 people wake up and go to the only bathroom to prepare for the day, and then again, in the evening, when these same 50 to 60 people have finished their group campground activities and day's adventures, and then want to go to the only bathroom to prepare for bed? Will some campers decide to venture onto the neighbors' properties to relieve, themselves? This is just one of nanny examples of this venture being oversold CO the Board members <and planning department. in an Cff0t-L M get CUP Ippi-OVA, In my career I have owned and operated two large businesses, Based on what I have seen in the docurilents presented with this application, I believe that this is a business destined to fail, in the form it, is being presented to the Board. 3) Maln4gement Over,sjght There is little information included in the application regarding the "Rules and Regulations for Canipers," and the type of management oversight for the Rules and Regulations, Will the neighbors be consulted when drafting the Rules and Regulations? Will there be a full-time, 24/7, "experienced" nianager living on the property, who has the authority to enforce the Rules and Regulations? Will the manager 3ULMIly "nidnage" the campground, or will the manager be just sorneone living on the property and spends much of his or her tin -re away from the property {e.g., at another job)? Will all campers be required to sign a form agreeing to follow the Rules and RegL11,20011S, arid will they be required to make reasonable deposits to ensure their- compliance? 4) E-0prcement Unfortunately for the neighborhood, there will be little to no County or state agency oversight. for this campground, In turn, it conics down to a neighborhood complaint system to demand proper ldherence to the agreed -upon Rules and Regulations. Why would the Board Put, such a burden on the neighbors who live near the campground? The general neighborhood feeling is that the Board may make the dcostork to approve the CUP and our neighborhood will suffer the consequences with no county suppori. Our neighborhood knows first-hand, from prior experiences, that problems originating ory another neighbor's property (e.g,, the campground) are not adequately handled by County or city law enforcernent, OF COLMLY or city business inspectors with peri-niucing oversight. 5) Liability If a property loss or liability issue Occurs on a neighbor property caused by zi camper (or i guest of a camper), or by some activity that originated at the campground, will Kornioncly be financially responsible and, in turn, have adequate insurance coverage in the amount and type to cover these clairris? Or will his attitude be, "SLJ(- me if you can"? These claims might be significant as the result of fire, theft, vandalism, etc Rernembv,r, campers guilty Of Lf-eSp3SS, theft, vandalism, starting a fire, etc., will only be occupying the property for a short period of time. Once they leave the campground there is no easy way to pursue then - for LlIeSC- types of problems and the damages they may cause, Kormondy must agree to be responsibIc-, for the actions of the campers, because he's the one who invited them, he's the one getting paid by therm, and lie's the one who has their contact inforinition. And my final question is to each of the Board members: Would you want to live with your family next door to this campground? I can say with certainty, after speaking in length with t-nany of my neighbors, that our neighborhood is very unhappy with this conditional use application and hope that the Board will not approve, the application and will, in turn, keep our neighborhood safe. Best regards, z_- BI-LICe C. Levin Owner of property on Harris Way and Bowery Line 4 Cynthia Smidt From: Garrett Chrostek <Chrostek@bljlawyers.com> Sent: Tuesday, February 09, 2021 10:01 AM To: Cynthia Smidt; Adam Smith; Peter Gutowsky Subject: Site Visit Notes [EXTERNAL EMAIL] Cynthia, Please provide these notes to the County Commissioners. To assist in the site visit, we have staked portions of the proposed campground in a color coded fashion. The restroom corners are marked with blue stakes, the 100' setback line with pink stakes, the yurts with orange stakes, and the regular sites with regular stakes and pink ribbon. There is also some flagging/staking of the deeded southern property line. There are a couple of test pits on the property, that were used for the septic evaluation that the County ultimately approved for the north central portion of the property. We've previously proposed placing solid wood fencing on the 100 foot setback behind site #6 as shown on the modified site plan. We're willing to place such fencing in other locations if determined to be appropriate from the County Commission's site visit. The February 8 letter from Liz Fancher explains one side of what the applicant continues to assert is an isolated event. Here, is what I can report from Mr. Kormondy. The fence at issue spans the two properties but does not reflect the actual boundary line. The map provided by Liz Fancher appears to show three locations where fencing was purported to have been cut, which I'll refer to as the easterly (closest to Highway 97), central, and westerly areas. Mr. Kormondy had nothing to do with the westerly area. It was in that state prior to Mr. Kormondy's use of the property. Mr. Kormondy isn't sure what is claimed in the central area. The fence in that area does look like a saggy/leaning old fence, but it doesn't appear to have been cut or removed. In any event, Mr. Kormondy didn't cut or remove any fence. There are two sections of missing fence in the westerly area, which appear to be on the Kormondy Property (or at least almost entirely on it). The westerly area is the fencing referred to during the public hearing as internal to the Kormondy property. The eastern most section of the westerly area was removed by prior occupants of the Lafky property. Those occupants resided in two small RVs for several years up until roughly 2018 and regularly trespassed on the Kormondy property. The white lattice shown in the photograph below, which shows the shed and the custom airstream trailer at issue, is a remnant from their encampment. Here is aerial image of the RVs from google earth 2017 (left image) and 2019 (right image). The 2017 photo shows how one RV was sited right up against the fence, which was damaged during occupation of the RV. The 2019 photo shows the remnants of the encampment once that RV was removed. Mr. Kormondy assisted the tenant in removing most of that junk and debris as they are friends. Mr. Kormondy has greatly appreciated Mr. Lafky's effort to clean up the remainder of the Lafky property in preparation for the site visit as it has needed the attention for years. Mr. Kormondy did not cut or remove the westerly section of the western area. The tenants of the respective properties are also friends and regularly use that area to visit each other and share equipment (i.e. lawnmowers, etc.). Contrary to assertions in the Liz Fancher letter, nobody has lived or resided in the airstream on the Kormondy property. It has been occupied on a short-term basis in the past by visitors to the Kormondy property as is typical of rural properties. Mr. Kormondy has also periodically stored his airsteam on the Kormondy property. As you will see on the site visit, the airstream is no longer located on the Kormondy property. As to the alleged trespass, it has been acknowledged that Mr. Kormondy had permission from the tenant to move the shed and airstream across the Lafky property. The plan for crossing the Lafky property was explained at the time of requesting permission. The shed is an accessory structure that is not large enough to require permits and is simply for storage purposes. Mr. Kormondy had inquired about electrical permits to run power to the shed, which lead to miscommunications with County permitting staff about a music room, but ultimately decided not to pursue power to the shed. The woman referenced in the Liz Fancher letter was Mr. Kormondy's mother in law, who was staying in the airstream with Mr. Kormondy's daughter. The mother in law was understandably alarmed because Mr. Lafky's response to the incident was to bring heavy machinery near the airstream and excavate a trench. English is not her first language and she was justifiably confused as to what was occurring. Again, we view this as isolated incident because the trench effectively ended any use of the Lafky property by Mr. Kormondy and Mr. Lafky's position on the matter is exceedingly clear. Thanks, Garrett Chrostek Attorney & Shareholder F chrostek@blllawVers.com P 541-382-4331 1 F 541- 389-3386 1 591. SW Mill View Way, Bend, OR 97702 www.bljlawyers.com BRYANT, LOVLIEN & 1ARVIS NOTICE: This communication may contain privileged or other confidential inforniation. ff you ore not the intended recipient or believe that you n'iay have i eceived this communication in error, please reply to I:he sender indicating that fact and delete the copy you received. in addition, you should not print, copy, retransmit, disseminate, or otherwise use this information. Cynthia Smidt From: Liz Fancher <liz@lizfancher.com> Sent: Monday, February 08, 2021 11:57 AM To: Cynthia Smidt Cc: Adam Smith; Aaron Lafky Subject: Kormondy/Huffman Appeal - Proposed Campground on Kormondy Property Attachments: Letter to BOCC 2020-02-08 re trespass.pdf, fences cut and path of RV.pdf [EXTERNAL EMAIL] Cynthia: I've attached two documents for inclusion in the record of the Huffman/Kormondy appeal of the County's denial of the Kormondy campground: (1) a map showing the route taken across the Cramer Farms property and pasture by the vehicle or vehicles used to install the travel trailer on the Kormondy and places where fences were cut and fence posts removed; and (2) a letter setting out information provided to me by Mr. Lafky about his discovery of the trespass. We are filing these documents now so that the Board of Commissioners will be able to use the map during their site visit tomorrow. To that end, I will be leaving five copies of the map (11" x 17") and letter at CDD within the next hour so that you will have a sufficient number of copies to share the map with the Board. Thank you. If you have any questions about these materials, please feel free to call me at the number given below. 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 FA NCHEIR, A rro2NEY February 8, 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 to provide information that may be helpful to the Board when it conducts its site visit of the Kormondy and Cramer Farms properties tomorrow. First, we have attached a marked -up copy of one of the Kormondy site plan maps to illustrate the route that Mr. Kormondy took across the Cramer Farms property when placing a small mobile shed and travel trailer on his property on his property last year. Second, we offer the following recounting of events related to the trespass by Mr. Kormondy and family (girlfriend and daughter). Mr. Lafky visited the Cramer Farms property on July 14, 2020 to pick up a rent check from the tenant who resides at 64045 North Highway 97 in the residence that is located the closest to the Kormondy property. Upon arrival, Mr. Lafky observed that one fence that is located on the south side of the Cramer Farms driveway property had been cut and that fence posts for that fence had been removed. Mr. Lafky saw vehicle tracks that left the Cramer Farms driveway and headed south across the pasture of the Cramer Farms property. The approximate location of the tracks is marked on the enclosed map as "Route of Trespass." Mr. Lafky also observed that the fence that has served as the boundary fence for the Cramer Farms and Kormondy properties for over 50 years had been cut and that fence posts were removed from that fence as well. This fence is on the north side of the Cramer Farms driveway. According to Mr. Kormondy' engineer, this part of the boundary fence that, absent a claim of adverse possession, is located entirely on land owned by Cramer Farms. Mr. Lafky then headed west up the Cramer Farms driveway. He saw that the historic boundary fence had been cut and that fence posts removed in a second location. In this area, the boundary fence is located very close to the boundary claimed by Mr. Kormondy's engineer. Just north of the fence on the Kormondy property was a travel trailer and a small _ 2 _ January 27, 2021 shed designed to be served with an electrical system. The vehicle tracks on the Laflcy property led to this hole in the fence and impromptu campground. On July 17, 2021, Mr. Lafky and his son returned to the Cramer Farms property to dig a trench on Cramer Farms property to block access between the Cramer Farms property and the hole in the fence. They also repaired the boundary fence by installing posts and stringing wire. While this was occurring, a woman Mr. Lafky has been advised is Mr. Kormondy's girlfriend drove up the Cramer Farms driveway. She was accompanied by a young girl, Mr. Kormondy's daughter. The woman was agitated. She told Mr. Lafky that the Cramer Farms driveway was her driveway and that she and Mr. Kormondy's daughter were living in the travel trailer. Mr. Kormondy has raised the defense that the Cramer Farms tenant had given Mr. Kormondy permission for said actions. The Cramer Farms tenant advised Mr. Lafky that he told Mr. Kormondy that Mr. Kormondy could use the Cramer Farms driveway to place the trailer and outbuilding on the Kormondy property. The tenant said, however, that he did not give Mr. Kormondy permission to cut fences, remove fence posts, drive across the pasture or to make continued use of the Cramer Farms driveway to access the travel trailer and shed on placed on the Kormondy property. Sincerely, Lim Panther Liz Fancher Attorney for Cramer Farms, LLC 2465 NW SACAGAWEA LANE • BEND, OREGON • 97703 PHONE: 541-385-3067 0 E All MA Cynthia Smidt From: Paul Basile <paul2004@mac.com> Sent: Friday, February 5, 2021 9:45 AM To: Cynthia Smidt Subject: Re: campground [EXTERNAL EMAIL] 63804 wellington street, bend, oregon, 97701 On Feb 5, 2021, at 9:15 AM, Cynthia Smidt <Cynthia.Smidtgdeschutes.org> wrote: Hi Paul, Thanks for your comments. For our records, could you please provide your mailing address. Thank you. <image009.jpg> Cynthia Smidt ( Associate Planner 117 NW Lafayette Ave ( Bend, Oregon 97703 Tel: (541) 317-3150 1 www.deschutes.org/cd <image010.jpg> <image011Jpg> <image012.jpg> Let us know how we're doing: Customer Feedback Survev Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. From: Tom Anderson <Tom.Anderson@deschutes.org> Sent: Thursday, February 4, 20214:47 PM To: Cynthia Smidt <Cvnthia.Smidt@deschutes.org> Subject: FW: campground From: Paul Basile <Paul2004@mac.com> Sent: Thursday, February 4, 2021 12:32 PM To: Board <board@deschutes.org> Subject: campground [EXTERNAL EMAIL] Commissioners Adair, Chang, and DeBone. I recently read about a plan for 2 new campgrounds in Bend and would like to express my opinion on 1 of them. I am a resident of Northpointe, the subdivision north of Cooley Road and east of Highway 97. Last summer the entire area had to evacuate due to a fire set by a camper in the very area that you are being requested to approve for a campsite. Please do not endanger the lives of hundreds if not thousands of your constituents by approving this campground. There may be other reasons to consider voting against a campsite there, but the fire danger to the community is paramount. As you know, the Juniper Ridge area, which is very nearby, has several businesses, including a chemical plant (Suterra) as well as other entities that may have flammable material on site. Additionally, the entire area in and around Juniper Ridge is extremely dry and consistently at risk for fire and allowing campers or RV'ers in close proximity is inviting a much greater fire danger than already exists. Please consider this as you make your decision. Thank you. Paul Basile paul2004gmac.com Paul Basile pau12004 o,mac.com Cynthia Smidt From: Jill Martinusen <jmartinusenhoa@gmail.com> Sent: Friday, February S, 2021 11:36 AM To: Cynthia Smidt Subject: Re: Campground in Northern Bend [EXTERNAL EMAIL] My address is 20770 Beaumont Dr, Bend, OR 97701. Jill Martinusen On Fri, Feb 5, 2021 at 9:13 AM Cynthia Smidt <Cynthia.Smidtdeschutes.org> wrote: Hi Jill, Thanks for your comments. For our records, could you please provide your mailing address. Thank you. Cynthia C. Cynthia Smidt j Associate Planner z 117 NW Lafayette Ave Bend, Oregon 97703 Tel: (541) 317-3150 ( www.deschutes.Qfg/cd 0 Let us know how we're doing: Customer Feedback Survev Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. From: Tom Anderson <Tom.Anderson@deschutes.org> Sent: Thursday, February 4, 20214:44 PM To: Cynthia Smidt <Cynthia.Smidt@deschutes.org> Subject: FW: Campground in Northern Bend From: Jill Martinusen <imartinusenhoa@gmail.com> Sent: Thursday, February 4, 2021 12:01 PM To: Board <board@deschutes.org> Subject: Campground in Northern Bend [EXTERNAL EMAIL] Greetings Commissioners Adair, Chang, and DeBone, I am a resident of Northpointe, a subdivision north of Cooley Road and east of Highway 97. Last summer the entire area had to evacuate due to a fire set by a camper in what seems to be the very area that you are being requested to approve for a campsite. There are other reasons to consider voting against a campsite there, but in my opinion the major one is the fire danger to the community. Juniper Ridge, which is very nearby, has among other things a chemical plant (Suterra). This entire area in and around Juniper Ridge is very dry, and allowing campers in it seems to be inviting a much greater fire danger than already exists. Please consider this as you make your decision. Thank you. Jill Martinusen NOTICE OF PUBLIC MEETING The Deschutes County Board of Commissioners (Board) will hold a public meeting as described below: FILE NUMBERS: 247-20-000206-A, 247-20-000788-MA, 247-19-000879-MA, 247-19- 000583-MA, 247-19-000361-CU, 247-19-000362-SP, and 247-19- 000363-LM SUBJECT PROPERTY/ OWNER: Mailing Name: SHAWN KORMONDY IRA Map and Taxlot: 1712040000800 Account: 113027 Situs Address: 64061 N HWY 97, BEND, OR 97701 ALTERNATIVE PROPERTY/ OWNER: Mailing Name: CRAMER FARMS LLC Map and Taxlot: 1712040000902 Account: 163912 Situs Address: 64045 N HWY 97, BEND, OR 97701 SUBJECT: During the February 3, 2021 public hearing, the Board indicated a desire to conduct a site visit on Tuesday, February 9, 2021. For this reason, a public meeting will be held on the subject property at 11:15 AM. The Board will not receive any evidence or testimony during this meeting. Each Commissioner may include any impressions or observations on the record prior to the close of the initial open record at 5 PM on Wednesday, February 10, 2021. STAFF CONTACT: Cynthia Smidt, Associate Planner, Cynthia Smidt@deschutes.org, (541) 317-3150 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 a'(541)388-6575 Cq)cdd@deschutes.org ( www.deschutes.org/cd 247-20-000206-A and 247-20-000788-MA Page 2 of 2 d d d d d d A d d d d d A A d A A d d A A A A A d A A d d A A A A d d A d d A d d d d d, d d d, d. N d, d, d, d, d, d d d d d d A d d d, d d, d d d A d d d d d d ti d d d A d d m d om1 d d d d d d d oM', d, d, d d. A d d d d d d d d, d d, d, u > > u u u > > u > > > > > > > > � u d, d 6 d a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a< a a a d d d d d d d d d d d d d d d d d d d N d d d d d d b b d N N ry d d ry r N ry N d ry d d d N d N ry N d o d N N N N N d ° �z i iz iz i i Fz �z 2 2z 2z 2 2 2 Ez 5 E�z � � � i z f E i E'2 �� f i R E� F�� iz.2� o z o o $ z o o o'z o o z o z o 0 o o o z o z z z o z z z z zz z z zz z N g $ m oso sooso o m O a > o o m o 0 0 0 0 0 0 0 o o o o o o o o o o o o o o o o o 0 o 0 0 T o Ea g � 8 g s y- o __ 0 0 m e 8 v N10 N N m N N N N N N e N$$$ Z 2 - - E _ a 3 - m a m o? = m x °' 0 0 a i w o Cynthia Smidt From: Liz Fancher <liz@lizfancher.com> Sent: Wednesday, February 03, 2021 12:52 PM To: Cynthia Smidt Cc: Aaron Lafky Subject: Exhibit Mentioned in My Prior Letter to BOCC Attachments: Page 51 from 2003_07_24_nps_gravel roads_gravel roads.pdf [EXTERNAL EMAIL] Cynthia: The attachment to this e-mail is the enclosure mentioned in my January 26, 2021 letter and discussion of issues. It relates to our argument about "dustless" roads. Please include this in the record of the Huff man/Kormondy appeal. Thank you, Liz ,rancher 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. Section IV: Dust Control and Stabilization/Types of Stabilizers 51 Section IV: dust Control and Stabilization AI 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. The amount of dust that a gravel road produces varies greatly. In areas of the country that receive a high amount of moisture, the problem is greatly reduced.Arid or semi -arid regions such as the desert southwest and much of the great plains region in the USA are prone to long periods of dry weather. Similar regions around the globe can have similar weather patterns. Dust can really bring complaints in these areas if there are residences located near the road and traffic is high. The quality and type of gravel also has some effect on the amount of dust. Some limestone gravels can dust severely while some glacial deposits of gravel with a portion of highly plastic clay can take on a strong binding characteristic that will resist dusting remarkably well. Still, in prolonged dry weather, there will be dust! Whether to provide some type of dust control or not can be a hard decision to make. Virtually all methods of dust control require annual treatment. Types of Stabi i izers Chlorides These are the most commonly used products across the country. They fall into three categories: Calcium Chloride in flake or liquid form, Magnesium Chloride generally in liquid form, and Sodium Chloride road salt). Sodium is seldom used and is the least effective. Calcium and Magnesium Chloride can be very effective if used properly. They are hygroscopic products which, in simplest terms, means they draw moisture from the air and keep the road surface constantly damp. They are reasonably simple to use. Resins These are products available under vari- ous commercial names. The basic com- position is lignin sulfonate which is a The cost can be prohibitive if traffic volume is low. On the other hand, if traffic is high, the cost of dust control can more than pay for itself with the benefits of reduced material loss and reduced need for blade maintenance. (28) At this point, many agencies will face pressure to pave the road. It may actually be a good economic decision in the long run, especially if there is good indication that traffic will continue to increase in the future. however, never pave a road before it is ready! There is good information on making this decision in Appendix D. by-product of the pulp milling industry. The product is sometimes called 11tree sap" in the field. These products work best when incorporated into the surface gravel. They then provide cohesion to bind the soil particles together. Natural Clays Some regions of the country have excellent deposits of natural clay that Cynthia Smidt From: John Von Hurst <johnvonhurst@gmail.com> Sent: Tuesday, February 02, 2021 8:37 AM To: Cynthia Smidt Subject: Address [EXTERNAL EMAIL] John von Hurst 65160 Highland Road Bend, OR 97703 Cynthia Smidt From: Jack von Hurst <jvonhurst@gmail.com> Sent: Tuesday, February 02, 2021 11:29 AM To: Cynthia Smidt Subject: Proposed Campground Highway 97 [EXTERNAL EMAIL] Good morning Cynthia, I'm writing you to support the proposed campground on Highway 97. Shawn Kormandy is my nephew. He has spent his whole life coming up to Bend visiting my parents, his grandparents, and my brother and I. His second home has always been Bend. He holds Bend close to his heart which is his main motivation for buying the property and opening a campground. He has nothing but the best intentions, and just wants to share our beautiful Central Oregon with visitors. Thank you for your time, Jack von Hurst Jack von Hurst 61051 Bacchus Court Bend, OR. 97702 (541) 306-6097 Sent from my iPhone Cynthia Smidt From: Gina <Gina@epgla.com> Sent: Tuesday, February 2, 2021 1:40 PM To: Cynthia Smidt Cc: Shawn Kormondy Subject: Applications: 247-20-000206-A & 247-20-000788-MA- Support Letter [EXTERNAL EMAIL] Hello Cynthia, I am writing you to let you know that I am in full support of this development. My Father being an Oregon native and me spending much of my childhood in places like McMinvile and Bend, we would have loved a campground like the one Shawn Kormondy is proposing. I support the campground application for highway 97. As I mentioned before, I spent a lot of time camping in Oregon during the summer and it's difficult to find campgrounds close to town. Even more so, one that offers all the bells and whistles families would really benefit from. I look forward to seeing this project come to fruition and visiting with my family one day soon. I hope you can see the potential and value in this project passing. Thank you for your time. All the Best. Gina Maria Allen Gina Karta rfi r", k I,x'firer.ci, ( Ne.,,wi f.rl.}�ah..CE, s � G.,.,I, ..��[1. Retllaficnixxs 213.620.1904 office 650.279.6158 mobile 1 gina@epgla.com 1 epgla.com H Cynthia Smidt From: John Von Hurst <johnvonhurst@gmail.com> Sent: Monday, February 01, 2021 3:59 PM To: Cynthia Smidt Subject: Applications: 247-20-000206-A & 247-20-000788-MA [EXTERNAL EMAIL] To Whom It May Concern: I have been following this application and subsequent filings and believe that the proposed project reflects the highest and best use of this property considering the rock outcroppings and topography. Farm use is limited on this site, especially due to the southern neighbors' constant tampering with the flow of Swalley Irrigation Water. Additionally, this kind of use is lacking in this area, especially since the removal of the KOA campground years ago. I support this project and hope the commission will approve same Sincerely, John F. von Hurst Architect, Emeritus Cynthia Smidt From: Darrick Angelone <darrick@aone.la> Sent: Monday, February 01, 2021 3:12 PM To: Cynthia Smidt Cc: Shawn S. Kormondy Subject: Re: Campground Appeal & Modification, Files 247-20-000206-A and 247-20-000788- MA [EXTERNAL EMAIL] Thank you Cynthia. Mailing address as follows. 2424 E Powell Rd Palm Springs, Ca 92262 On Mon, Feb 1, 2021 at 14:02 Cynthia Smidt <Cynthia. S midt @ deschutes. org> wrote: Hi Darrick, Thanks for your comments. For our records, please provide a mailing address. Thank you. Cynthia Cynthia Smidt I Associate Planner Disclaimer: Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. From: Darrick Angelone <darrick@aone.la> Sent: Monday, February 1, 2021 1:56 PM To: Cynthia Smidt <Cvnthia.Smidt@deschutes.org> Cc: Shawn S. Kormondy <SKOR@skorreg.com> Subject: Campground Appeal & Modification, Files 247-20-000206-A and 247-20-000788-MA [EXTERNAL EMAIL] To whom it may concern; I support the campground on Highway 97. I've visited the property in the past and think it's a great concept and the right time. The lava rock area is a particularly interesting feature. I look forward to visiting Bend and camping at the property with my family soon. Thank you for the consideration. With regards, Darrick Angelone Darrick@ aone.la AONE Creative LLC. o: 323.205.6506 m: 310.869.2354 aone. [a ®arrick Angelone AONE Creative LLC. o: 323.205.6506 m: 310.869.2354 aone. [a Cynthia Smidt From: Camille Morehen <camillemorehen@aol.com> Sent: Monday, February 01, 2021 2:39 PM To: Cynthia Smidt Subject: Campground Appeal & Modification, Files 247-20-000206-A and 247-20-000788-MA [EXTERNAL EMAIL] I support this campground project. Would love to see this campground and more like it. Most folks will be camping and it's great for their well being, being so isolated for so long. Bend will be a happier place... Regards, Camille Morehen 23200 Rickard Rd. Bend, OR 97702 541-389-1939 Sent from my Pad Cynthia Smicit From: Bruce Levin <brucelevin8485@gmail.com> Sent: Monday, February 01, 2021 10:12 AM To: Cynthia Smidt Subject: Re: Campground Appeal & Modification, Files 247-20-000206-A and 247-20-000788- MA Attachments: CCE10092019_2.pdf [EXTERNAL EMAIL] Hello Cynthia, I hope all is well with you and your family. I don't plan on personally testifying, but I am thinking that my original comments letter, dated 9/10/19 addressed to you and the commission, should be submitted for this hearing, because it thoroughly explains my concerns, most or all of which still remain almost 1-1/2 years later and multiple modifications to the CUP application. I've attached my letter to this email, so you can include it for this upcoming hearing. Will my letter be read by those making the "final" decision? Possibly it can be read by you during the hearing? Do you have any advice for me? I must admit that this campground project has taken on the "life" of the Frankenstein Monster ... it never seems to die and when I think it has finally died, I get a notice from you saying, "It's Alive! It's Alive!" All the best, Bruce Bruce Levin Email: BruceLevin8485@gmail.com Cell: 310 . 600 . 8485 ---------------------------------------- From: Cynthia Smidt - Planning Division <Cynthia.Smidt@deschutes.org> Date: Monday, February 1, 2021 at 9:32 AM To: Cynthia Smidt - Planning Division <Cynthia.Smidt@deschutes.org> Subject: Campground Appeal & Modification, Files 247-20-000206-A and 247-20-000788-MA Hello Again, It appears the hearing on Wednesday is scheduled after the Board's lunch recess, which will be approximately 1 or 1:30pm. I wanted to let you know so you can plan accordingly. Please let me know if you are planning on testifying. Thanks and let me know if you have any questions. Cynthia Hello, Re: Campground Appeal & Modification, Files 247-20-000206-A and 788-MA (also files 247-19-000361-CU, 362-SP, 363- LM, 583-MA, and 879-MA) I anticipate you most of you received the Notice of Public Hearing for the public hearing scheduled on Wednesday, February 3 that will be held before the Board of County Commissioners (see attached Notice of Public Hearing). The Board will hear the appeal and third modification regarding the proposed campground at 64061 N Highway 97, Bend. The public hearing will be conducted via Zoom. If you plan to provide oral testimony, please let me know as soon as possible so we can plan accordingly. Although participation is encouraged to be via computer or telephone, if you need to attend in person, please let me know this as well so we can make accommodations for you. Of course, written testimony is always accepted. Please direct written testimony to me. The Board has time limits for testimony. The applicant/appellant will be afforded approximately 30 minutes. All others will be given three (3) minutes. Thank you and let me know if you have any questions. Cynthia Cynthia Smidt I Associate Planner 117 NW Lafayette Ave I Bend, Oregon 97703 Tel: (541) 317-3150 1 www.deschutes.org/cd to 0 19 Let us know how we're doing: Customer Feedback Survev Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. BRUCE C. LEVIN TEL: 310 ® 600 . 8485 Email: brucelevin8485@gmail.com 0 0 0 0 0 0 0 0 September 10, 2019 Cynthia Smidt, Associate Planner Deschutes County Planning 117 NW Lafayette Ave. Bend, OR 97703 Re: Application for Conditional Use and Site Plan Files 247-19-000361-CU, 247-19-000362-SP, 247-19-000363-LM, and 247-19-000583-MA Dear Ms. Smidt: My name is Bruce Levin and, along with my wife and through our trust, I am the owner of Tax Lots 513 and 514 that adjoin Tax Lot 800 owned by the Kormondy IRA ("Lot 800") that is seeking a conditional use permit ("CUP") for a campground. My wife and I, through our trust, are also the owners of five (5) additional lots that are within the defined area "Surrounding Properties," as shown in Exhibit G of the Modified of Application File No. 247-19-000583-MA. As a result of our property ownership, we have a significant interest in the changes in land use around us. Inasmuch as we are also a member of the Rock O' the Range Homeowner's Association ("ROTR"), which has submitted its written comments to you and of which we are signatories, I will attempt in this email not to repeat many of the comments made by the ROTR, even though we agree with all of the ROTR comments. First, please be assured that we are not "anti -development" in all forms, because we realize our- city is growing and our city planners need to plan for future growth. During our thirty years in Bend, we have seen the population grow from about 18,000 to now almost 100,000. What we are against is poorly planned developments and inappropriate land use changes, which include developments for the wrong reasons, by the wrong people, and/or create dangerous/unsafe conditions for the surrounding homeowners. In my comments below, I will concentrate on our primary concerns: I ) Fire Hazard 2) Security / Safety 3) Sound and Dust Pollution 4) Rules & Regulations — Management Oversight — Liability Insurance 5) Reasons for CUP Application 1) Fire Hazard Living in a high -desert community comes with its many pluses and some minuses. One of the minuses is the threat of fire, especially in areas with large fields of dry grasses and old juniper trees. Our Lots 514 and 515 that adjoin Lot 800 are, for the most part, dry -grass fields during many months of the year. And, our two lots adjoin other lots that, together, all form large continuous acreage of dry -grass fields. Our concern with the threat of fire is real and personal, because in the late 1990s we had a grass fire burn through our fields. The fire was stopped by the Bend Fire Department just moments before it reached our home. Impossible for us to forget. We know from experience that once a dry -grass fire starts, within minutes, the fire grows, moves quickly, and generates is own wind as it builds up speed. A hand-held fire extinguisher is totally inadequate. Once a fire gets started, it takes lots and lots of water, sprayed over a large area by a professional fire department to stop it. And, besides the fire department's water -tanker trucks, typically the fire department requires another large source of water near the fire, such as a full pond, a full cistern, and/or- a large water tank connected to a fire hydrant. A domestic water well does not supply enough water fast enough to sufficiently fight a grass fire. Unfortunately, none of these large water- source options is part of the planned campground. In fact, in an email written by Shawn Kormondy ("Kormondy"), the owner of Lot 800 through his IRA, he stated, "Furthermore, my irrigation pond [is] by no means an attraction. There is barely enough water as it is, and it's typically empty after the evening irrigation is complete." Which takes us to the likelihood of a fire starting by a camper at the campground It is my understanding from the public documents and from Kormondy's correspondence that there will only be one communal large fire pit for all campers and that no utilities will be provided to any of the campsites (i.e., tents or yurts). So, what fire prevention/protection and oversight will exist at the large communal fire pit? We know with certainty that a large fire pit will produce lots of sparks and embers that will reach high into the air. We also know that gusts of wind, common in our area, can carry sparks and embers long distances, thereby threatening adjacent properties. Who will be responsible for controlling the fire pits use? Who will check every day with the fire department to determine if burning is allowed? Who will watch/attend the fire 100% of the time without distractions (a fire department requirement)? Who will make sure the fire gets doused with plenty of water to make sure it's out? How will campers keep warm? Some campers may use a type of propane heater and some, I suspect, will decide to build a private campfire near their tent or yurt. That is, unless there is someone with oversight authority to immediately stop these unauthorized campfires before the sparks fly. What about cooking? Again, I suspect some will use a propane cooking device and some will start a private campfire by their tent or yurt. Again, that is, unless there is someone with oversight authority to immediately stop these unauthorized campfires before the sparks fly. What about inebriated campers falling asleep without properly extinguishing a campfire? Without strong campground oversight and management, 24/7, and fire prevention and protection in place, I believe there is the strong likelihood of a runaway campfire that will start and move through our residential neighborhood, thereby threating our homes, our property, and our lives. Scary for sure. 2 Because of this significant fire hazard, does it really make good sense to have this campground adjoin a residential neighborhood? I don't think so. 2) Security / SafetX My primary concern here is regarding trespassing and the associated problems. Quoting directly from Kormondy's correspondence, the proposed campground property has: "...tall lava outcropping with a dense forest of old junipers." Well, so do all of the surrounding properties. Inasmuch as the campground is relatively small, what rules and oversight will be in place to prevent campers from crossing over/trespassing into a neighbor's property? What type of fence will separate the campground from the adjacent properties? A simple wire, non - electrified cattle -fence won't do it. Will there be No Trespassing signs? What about the security of the personal property on the surrounding properties? Tools, farm equipment, outdoor decorations (e.g., planters, antiques, furniture, etc.)? Will we need to secure our personal property with steel cables, like restaurants do with their outdoor furniture at night? And, let's not forget about the potential for over -use of alcohol and recreational drugs. Will there be someone with authority to prevent this from happening and, in turn, prevent inebriated campers from venturing onto the surrounding residential properties? 3) Sound and Dust Pollution Sound Pollution: Will there be rules to prevent loud amplified sound coming from the campground after a certain time in the evening? Such as a "Quiet Time" from 10 PM to 6 AM. Will there be campground oversight to stop campers from playing music or having other loud sound -producing devices that will disturb the nearby neighbors late into the night? Dust Pollution: The proposed campground will only have gravel roads, not asphalt dust -free roads. Inasmuch as there will be numerous large RVs coming and going throughout the day and into the evening, one can expect regular clouds of dust being generated and blown into the surrounding residential properties. Will there be rules regarding the use of ATVs and motorcycles? I suspect that dust is both a health issue, as well as a nuisance pollution issue. It doesn't make good planning sense to have a sound and dust polluting activity, like a campground, adjacent to a residential neighborhood. 5) Rules & Regulations ® Management Oversight_- Property & Liability Insurance There is little information included in the conditional use application regarding the "Rules and Regulations for Campers," and the type of management oversight for the rules and regulations. Will there be a full-time, 24/7, manager living on the property who has the authority to enforce the rules and regulations. Will all campers be required to sign a form agreeing to follow the rules and regulations? Unfortunately, there will be little county or state agency oversight for this campground. In turn, it comes down to a public -complaint system to force proper adherence to established rules and regulations. Why put such a burden on the surrounding residences? Should a property loss or liability issue occur on a surrounding area property caused by someone or some activity that originated at the campground, will Kormondy have adequate insurance coverage in the amount and type to cover these claims? Referencing my concerns stated above, these claims may be the result of fire, theft, etc. My next concern is regarding the real motivation behind Kormondy's effort to have a conditional use permit for a campground and his accuracy regarding what the planned campground will really be like. Here are many direct quotes from various Kormondy communiques in blue and my comments in black italics below the quote: "When this property came on my radar I save it as an opportunity to land bank a property r.T - between two grooving municipalities with the hopes that, one day, the property will become paii.: of cl-le Urban Gro\nrth Zone, ... " ".. [campground] ... a good use of the property until a better use is allowed." "I feel like there is nothing to lose.' So, the property was purchased to flip at a high price after the property became part of the UGB. The campground is now Kormondy's fallback plan to help pay the holding costs of the property until Kormondy can sell it and get out from his miscalculated investment. Or, maybe the application is merely to get a conditional use entitlement on the property to increase its value and improve the chances of selling it. "So here I an'r with acreage in MUA, grooving grass in a depressed area along a noisy majo+ the quality of tenants on either side of me [the property] cannot get worse other dl,;m bonified serial killer." "In conclusion, my glamping concept ... Does a "depressed area along a noisy major highway" with terrible tenants on both sides be a good place for glamping" What an awful thing to say about your neighbors; neighbors I am sure Kormondy has never met. 4 "'What I [the property] lack in amenities, l will make r.rp in experience." "Our yurts. and tents will be furnished with cornfortable beds, seating, and accessoriz.ed in a ran(-_h style decor." "Guest will be immersed in a ranch experience by being able to interact with the animals suc-r as chickens and goats as we offer guided goat walks through the natural canyon." "Of the 15 campsites, 5 will be furnished yurts, while the other 10 sites will be furnished tents." Sounds like salesman -hype to me. "There will be one fire pit on site with seating and kitchen for campers to use..... while the adults tend to [the] cooking." What will the rules be for the fire pit? If the children are playing and the adults are cooking or distracted in other ways, who is watching the large fire in the fire pit? Will the campers be in charge of starting and putting out the fire in the fire pit or will there be a person with authority who oversees the use of the fire pit? Who will check with the fire department each day before starting the fire in the pit to confirm burning is even allowed? Every knowledgeable camper knows that a campfire must be watched/attended to 100% of the time and is not fully out unless it is doused with lots of water. Without proper supervision, this large fire pit likely will be a source of a runaway grass fire. "... experiences such as yoga, rneditation, photography, nature walks, natural history, and Clio like ✓viil be offered to the guests inclusive of their nightly rental rate. €"here experiences will appeal to local residents as well as tourists." "Roadhouse Ranch & Can-ip will employ modern marketing activities to attract local and tourists." Local residents, too? Really? "1_ guests will enjoy while staying for a night or tvvo." Frankly, I am worried that instead of a `glampground" for campers who like to spend time with goats, do yoga, and read poetry by a campfire, this property will become a long-term parking lot for mobile homes in the form of RVs, like those on Hunnell Rd. and other places in Bend. "The yurts will be available year-round while the other sites will be raw during the off season." "Luxury camping is a growing business." „Granted, I do not have showers or private bathrooms, but the experiences will inake up for- thIm. Why is Kormondy calling this "Luxury camping" and "glamping," when there are no showers or private bathrooms and only a portal toilet for ALL of the campers. Sounds like more salesman hype to me. This is definitely NOT a luxury campground. "Who am I? My name is Shaven Kormondy. I have been a successful real estate agent in i._os /Angeles for I years ... I can sell a property to someone before they set foot: on it." So, how does one sell a "multi -million -dollar house," before someone sets foot on it? Must take quite a salesman. "There is an immense amount of beauty in this property which my neighbors do not have. - Virtually every property in the surrounding area has similar lava outcroppings and "canyons." Again, another salesman's exaggeration. "Roadhouse Punch & Can-rp wants to be a jewel is the courtty's crown of boutique family ir-iendly experiences to be shared by residents and tourists alike. Most Importantly, the campsite will be a step forward in breaking the cycle of poverty that exists in this portion of I~lighway 97, width is the g; )tevvay to Fend.,, WOW This is the best of the over -the -top direct quotes from the LA -multi -million dollar -real -estate -salesman owner. How does one go from a concept of "glamping" to a "step forward in breaking the cycle of p-aver .ty that exists in this portion of Highway 97"? In conclusion, I ask you, Cynthia, and the hearing officer these questions: Do you really believe all of the hype and promises from Kormondy requesting this campground conditional use permit? Do you believe that this campground is a good fit next to a residential neighborhood, considering the high risk of wildfire, trespass, safety/security/health issues, noise and dust pollution, and little or no discussion frorn Kormondy of rules and regulations and the need for full-time onsite management oversight? And, my final question: 0 Would Mu want to have your family living next door- to this campground? I can say with certainty, after speaking in length with many of my neighbors, that our neighborhood is very unhappy with this conditional use application and hope that you and the hearing officer will not approve the application and keep our neighborhood safe. Best regards, d Bruce C. Levin Owner of property on Harris Way and Bowery Lane