2021-239-Ordinance Recorded 6/17/2021REV WED
LEG COUNSEL
Recorded in Deschutes County C
Nancy Blankenship, County Clerk J2021-239
Commissioners' Journal 06/17/2021 4:09:43 PM
2021-239
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
(DCC) Title 19 to Alter the Slope Setback
Requirements to Only Apply to Tumalo Creek
Canyon Rimrock Areas and Establishing a Definition
of Tumalo Creek Canyon Rimrock Areas in DCC
Title 19.
ORDINANCE NO.2021-009
WHEREAS, the Applicant (Empire Westgate LLC) initiated amendments (Planning Division File No.
247-21-000020-TA) to the Deschutes County Code (DCC) Title 19, Chapter 19.22, Westside Transect Zone -
WTZ; to alter the slope setback lot requirements of DCC 19.22.050(H) and have slope setback only apply to those
areas adjacent to rimrock features in the Tumalo Creek canyon and establishing a definition of "Tumalo Creek
canyon rimrock" in DCC Title 19; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on April 22,
2021 and forwarded to the Deschutes County Board of County Commissioners ("Board"), a recommendation of
approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on June 16, 2021 and
concluded that the public will benefit from the proposed changes to the Deschutes County Code Title 19; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 19.22. Westside Transect Zone, is amended to read as described in
Exhibit "A", attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stfike4h fettg ,
Section 2. AMENDMENT. DCC 19.04. Title, Compliance, Applicability, and Definitions, is amended
to read as described in Exhibit `B", attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in strike' faugh
Section 3. FINDINGS. The Board adopts as its findings, Exhibit "C" attached and incorporated by
reference herein.
Section 4. EMERGENCY. This Ordinance being necessary for the public peace, health, and safety, an
emergency is declared to exist, and this Ordinance becomes effective upon signature.
PAGE 1 OF 2 - ORDINANCE NO.2021-009
JDated this of , 2021
ATTEST:
PK-
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
,4A�� - f'
PHILIP CHANG, Vice ClTair
y
PATTI ADAIR
Date of 1 s` Reading:
0V
day of
, 2021.
Date of 2nd Reading:
/
day of
, 2021.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Anthony DeBone _
Philip Chang -
Patti Adair
Effective date: day of , 2021.
PAGE 2 OF 2 - ORDINANCE NO.2021-009
Chapter 19.22. WESTSIDE TRANSECT ZONE — WTZ
19.22.050. Lot Requirements.
19.22.050. Lot Requirements.
The following requirements shall be observed:
A. Lot Area. Each lot shall have a minimum of 2.5 acres.
B. Lot Width. Each lot shall be a minimum width of 125 feet.
C. Front Yard. The front yard shall be a minimum of 40 feet.
D. Side Yard. There shall be a minimum side yard of 30 feet.
E. Rear Yard. There shall be a minimum rear yard of 30 feet.
F. Solar Setback. The solar setback shall be as prescribed in DCC 19.88.210.
G. Park Setback. The setback from Shevlin Park shall be a minimum of 100 feet.
H. Slope Setback — Tumalo Creek Canyon_ There shall be a minimum setback of 30 feet from the edge—e
miy slope ..>hieh eNeee s -20 edge of the Tumalo Creek canyon rimrock.
(Ord. 2021-009 §x, 2021; Ord. 2019-001 §8, 2019)
Chapter 19.22
EXHIBIT A TO ORDINANCE NO. 2021-009
Chapter 19.04. TITLE, COMPLIANCE, APPLICABILITY, AND DEFINITIONS
19.04.040. Definitions.
19.04.040. Definitions.
As used in DCC Title 19, words in the present tense include the future; the singular number includes the plural
and the plural number includes the singular; unless the context clearly indicates the contrary, the word "shall"
is mandatory and not discretionary; the word "may" is permissive; the masculine gender includes the feminine
and neuter; and the term "this title" shall be deemed to include the text of this title and accompanying zoning
maps and all amendments hereafter made thereto. As used in this title, unless the context requires otherwise,
the following words and phrases shall be defined as set forth in DCC 19.04.040,
"Travel trailer" means a "camping vehicle" as defined by ORS, which is either a vacation trailer or a
self-propelled vehicle or structure equipped with wheels for highway use and which is intended for human
occupancy and is being used for vacation and recreational purposes, but not for residential purposes, and is
equipped with plumbing, sink and toilet.
"Tumalo Creek canyon rinirock" means any ledge, outcropping or overlying stratum of rock, which forms
a face in excess of 45 degrees and which creates or is within the canyon of Tumalo Creek. For purposes of
DCC 19.22.050(H), the edge of the rimrock is the uppermost rock ledge or outcrop of rimrock that is within
the Tumalo Creek canyon.
"Unbuildable area" means an area in which a structure could not be built as a permitted use under existing
development standards for the area under the existing Deschutes County Comprehensive Plan.
(Ord. 2021-009 §x, 2021; Ord. 2020-010 §8, 2020; Ord. 2017-009 §7, 2017; Ord. 2016-016 §1, 2016; Ord.
2014-016 §1, 2014; Ord. 2013-013 §1; Ord. 99-001 §§2-4, 1999; Ord. 97-038 §1, 1997; Ord. 97-017 §1, 1996;
Ord. 96-071 § 1 D, 1996; Ord. 95-045 § 15, 1995; Ord. 94 027 § § 1 & 2, 1994; Ord. 92-043 § 1, 1992; Ord. 91
029 §§1, 8, 9 and 10, 1991; Ord. 91-001 §1, 1991; Ord. 90-038 §1, 1990; Ord. 90-007 §1, 1990; Ord. 88-042
§3, 1988; Ord. 86-058 §1, 1986; Ord. 86-055 §1, 1986; Ord. 86-033 §1, 1983; Ord. 86-032 §1, 1986; Ord.
86-017 § 1 Exhibit a, 1986; Ord. 830945 § 1, 1983; Ord. 83-041 §2, 1983; Ord. 80-217 § 1 Exhibit A, 1980)
Chapter 19.04
EXHIBIT B TO ORDINANCE NO. 2021-009
FILE NUMBER:
APPLICANT:
ATTORNEY:
FIRE AND FORESTRY
CONSULTANT:
FINDINGS
247-21-000020-TA
Empire Westgate, LLC
Myles Conway Law P.C.
Craig Letz Consulting, LLC
REQUEST: Text Amendments to Deschutes County Code Chapter 19.22, Westside
Transect Zone - WTZ and Chapter 19.04, Title, Compliance,
Applicability, and Definitions, to address slope setback standards for
new development in relation to wildfire risk mitigation.
STAFF CONTACT:
I. APPLICABLE CRITERIA
Kyle Collins, Associate Planner
Deschutes County Code (DCC)
Title 19, Bend Urban Growth Boundary Zoning Ordinance
Chapter 19.22. Westside Transect Zone - WTZ
Chapter 19.136. Amendments, Appeals, and Procedures
Title 22, Deschutes County Development Procedures Ordinance
Chapter 2.12. Legislative Procedures
Deschutes County Comprehensive Plan
Chapter 1.
Comprehensive Planning
Chapter 2.
Resource Management
Chapter 3.
Rural Growth Management
Chapter 5.
Supplemental Sections
Appendix C.
Transportation System Plan
Oregon Administrative Rules (OAR), Chapter 660
Division 12, Transportation Planning
Division 15, Statewide Planning Goals
Ill. FINDINGS OF FACT
A. OWNERSHIP: Empire Westgate, LLC is the developer of the South Transect property and the
owner of certain platted lots located therein. Other lots within the South Transect either
117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
%�` (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd
remain vested in Rio Lobo Investments, LLC (owner of South Transect at the time of land use
approval for WTZ) or have been conveyed to third -party purchasers. The North Transect
Property is owned by CCCC LLC (owner at the time of WTZ approval). Written consents to this
application from a portion of the affected property owners are included with the Applicant's
submitted materials.
B. LOCATION: The Westside Transect zone is approximately 685-acres in size and located
immediately adjacent to the western boundary of the City of Bend. The WTZ borders Shevlin
Park and the Tumalo Creek corridor to the west and contains areas designated for the
protection of wildlife resources and for the mitigation of wildfire risks. The location of the
WTZ is identified in the figure below:
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USCHUTES COUNTY, OREGO14
PAGE 2 OF 20 - EXHIBIT C TO ORDINANCE NO.2021-009
C. ZONING: The subject properties are zoned Westside Transect Zone- WTZ and are designated
as Urban Reserve Area on the Deschutes County Comprehensive Plan.
D. PROPOSED AMENDMENTS: According to the Applicant, the purpose of the proposed text
amendments is to address the original intent of the slope setback standards in the WTZ,
particularly as it relates to wildfire risk and mitigation associated with the Tumalo Creek
Canyon. The applicable Oregon Administrative Rules, and applicable policies of the
Deschutes County Comprehensive Plan, including the Transportation System Plan (TSP), are
addressed below in this report. The Applicant proposes the following amendment to the text
of DCC Chapters 19.04 and 19.22. The proposed changes are illustrated by Strike _thrni 1g- for
language to be removed and underlined for additional text to be added, as provided below:
Chapter 19.04. TITLE, COMPLIANCE, APPLICABILITY, AND DEFINITIONS
19.04.040. Definitions.
19.04.040. Definitions.
As used in DCC Title 19, words in the present tense include the future; the singular number
includes the plural and the plural number includes the singular; unless the context clearly
indicates the contrary, the word "shall" is mandatory and not discretionary; the word "may"
is permissive; the masculine gender includes the feminine and neuter; and the term "this
title" shall be deemed to include the text of this title and accompanying zoning maps and
all amendments hereafter made thereto. As used in this title, unless the context requires
otherwise, the following words and phrases shall be defined as set forth in DCC 19.04.040.
"Tumalo Creek canyon rimrock" means any ledge, outcropping or overlying stratum of
rock which forms a face in excess of 45 degrees and which creates or is within the canyon
of Tumalo Creek. For purposes of DCC 19.22.050(H), the edge of the rimrock is the
uppermost rock ledge or outcrop of rimrock that is within the Tumalo Creek canyon.
Chapter 19.22. WESTSIDE TRANSECT ZONE - WTZ
19.22.050. Lot Requirements.
19.22.050.Lot Requirements.
The following requirements shall be observed:
A. Lot Area. Each lot shall have a minimum of 2.5 acres.
B. Lot Width. Each lot shall be a minimum width of 125 feet.
C. Front Yard. The front yard shall be a minimum of 40 feet.
PAGE 3 OF 20 - EXHIBIT C TO ORDINANCE NO.2021-009
D. Side Yard. There shall be a minimum side yard of 30 feet.
E. Rear Yard. There shall be a minimum rear yard of 30 feet.
F. Solar Setback. The solar setback shall be as prescribed in DCC 19.88.210.
G. Park Setback. The setback from Shevlin Park shall be a minimum of 100 feet.
H. Slope Setback - Tumalo Creek Canyon. There shall be a minimum setback of 30 feet
from the edge of the Tumalo Creek canyon rimrock. edge of any slope which exceeds
240k.
E. PUBLIC AGENCY COMMENTS: The Planning Division mailed notice to several agencies and
received the following comments:
Deschutes County Transportation Planner, Peter Russell:
I have reviewed the application materials and agree that the proposed amendments will not
change the number of approved residential units, meaning the trip generation rates and numbers
remain the same as already approved for the Westside Transect Zone. The proposal is consistent
with Goal 12 and has no adverse effects, thus complying with OAR 660-012-0060.
Oregon Department of Land Conservation and Development, Scott Edelman:
I recently spoke with Marian Lahav, who is one of our Natural Hazard Specialists, and we had
some questions and wanted to request some additional information regarding the Tumalo Creek
Canyon slope amendments.
I will do my best to list our questions/requests and Marian can jump in if I miss anything.•
1. It is difficult to fully understand the potential impacts of the proposed amendments in the
materials that were submitted. Specifically, the included map does not show the rimrock from
which the setback would be measured. From Google Earth, we were able to see portions of this
but could not tell if the rimrock was clearly defined in every area of the transect properties. Is
there any portion where there is not well defined rimrock where it would be useful to measure the
setback from a slope? It would be helpful to see a map showing the rimrock and the 30 foot
setback line.
2. It would also be helpful to see a slope map of the area that shows where the current code would
measure the setback from a 20% slope rather than from the rimrock. In the materials, you
indicate that one of the issues is that there is no clear definition of how to measure slope (i.e. over
what distance) so I realize any measure you determined would be somewhat arbitrary. But it
would be helpful to get a sense of what setbacks (and potential wildfire protections) are being lost
with the amendment.
3. This is pretty basic, but we were also wondering if the county had thought about simply
adopting a clear definition for the measurement of a slope rather than eliminating the slope
setback?
PAGE 4 OF 20 - EXHIBIT C TO ORDINANCE NO. 2021-009
4. What (if any) affect is there on the northern properties in the transect zone? By our reading,
this proposal only addresses the southern property. Does Tumalo Creek Canyon not transect or
border the northern sites?
5. It appears that enforcement of the "no build zone" is through CCR's which, in our experience,
are not enforceable by a city/county unless that jurisdiction is listed as a member of the
association to which the CCR's relate. Is it accurate that this is your only proposed method of
enforcement or are there additional assurances in place? I am sure larger structures will be
regulated through development review but what about the smaller structures that may not trigger
the building code?
I realize you are very busy and appreciate you considering these questions and request for
information. If you think it would be helpful (and maybe reduce the work on your end), I would
be glad to help coordinate a zoom meeting where we could discuss this.
Follow Up DLCD Correspondence from April 21, 2021:
I just heard your voice message. I am sorry- at the end of our meeting a couple weeks ago/
meant to leave with the impression that I intended to participate in the hearing on the transect
zone code amendment in person and would only submit something in writing ahead of time if
I was unable to make it. It has been a long time since I have been before the Deschutes County
Planning Commission and I appreciate the opportunity.
I am still planning to participate tomorrow night. I will be available for questions but my
primary purpose will be to let the commission know that DLCD had a very productive meeting
with county staff and the applicant's representative and all of our questions/concerns raised
in our email were addressed.
Please feel free to add this email to the record in the eventuality that a technological issue or
other unexpected event prohibits me from communicating this message effectively at the
hearing.
F. PUBLIC COMMENTS: The Planning Division mailed notice of the proposed text amendments
to all property owners within the Westside Transect Zone. No written comments from the
public have been received.
III. CONCLUSIONS OF LAW
In order to approve the land use regulation (text) amendment request, the proposal must
comply with the criteria found in statutes and their implementing administrative rules, County
comprehensive plan, and land use procedures ordinance. Each of these approval criteria is
addressed in the findings below.
PAGE 5 OF 20 - EXHIBIT C TO ORDINANCE NO.2021-009
Title 19, Bend Urban Growth Boundary Zoning Ordinance
Chapter 19.22. WESTSIDE TRANSECT ZONE - WTZ
Section 19.22.010. Purpose.
To accommodate and provide standards for land located between urban and rural, forested,
park or federal areas that provides a transitional residential development pattern with
densities ranging from one unit per 2.5 to 10 acres to guide development of communities which
are designed and managed to protect wildlife habitat and establish and maintain wildfire
mitigation and prevention strategies.
FINDING: This purpose statement does not include any approval criteria.
Section 19.22.050. Lot Requirements.
H. Slope Setback. There shall be a minimum setback of 30 feet from the edge of any slope
which exceeds 20%.
FINDING: The Applicant proposes an amendment to the Westside Transect Zone to alter the
required slope setbacks in the zone to only apply to those lots adjacent to steep slopes
associated with Tumalo Creek Canyon. Slope setbacks were included as a provision in the WTZ
to mitigate wildfire impacts originating in areas associated with noteworthy topographic change.
The proposal does not allow for any new development beyond what is currently allowed in the
WTZ code.
The Board finds the modified slope setback standards in this area will continue to allow for
adequate wildfire mitigation when taken with the remaining mitigation standards in the WTZ, such
as the creation of individual Wildfire Mitigation Plans for each established subdivision.
Chapter 19.116. AMENDMENTS, APPEALS, AND PROCEDURES
Section 19.116.010. Amendments.
DCC Title 19 may be amended by changing the boundaries of zones or by changing any other
provisions thereof subject to the provisions of DCC 19.116.
A. Text changes and legislative map changes may be proposed by the Board of County
Commissioners on its own motion, by the motion of the Planning Commission, upon
payment of a fee, by the application of a member of the public. Such changes shall be made
pursuant to DCC 22.12 and ORS 215.110 and 215.060.
FINDING: The proposed legislative text changes have been reviewed based on an application
submitted by a member of the public, Empire Westgate LLC. The Applicant has paid the
applicable review fees associated with a legislative text amendment.
PAGE 6 OF 20 - EXHIBIT C TO ORDINANCE NO.2021-009
Section 19.116.020. Standards for Zone Change.
19.116.040. Resolution of Intent to Rezone.
FINDING: The proposal does not include a zone change. Therefore, these sections do not apply.
Title 22, Deschutes County Development Procedures Ordinance
Chapter 2.12. LEGISLATIVE PROCEDURES
Section 22.12.010. Hearing_ Required.
No legislative change shall be adopted without review by the Planning Commission and a
public hearing before the Board of County Commissioners. Public hearings before the Planning
Commission shall be set at the discretion of the Planning Director, unless otherwise required
by state law.
FINDING: This criterion is met because a public hearing was held before the Deschutes County
Planning Commission and Board of County Commissioners on April 22 and June 16, 2021,
respectively.
Section 22.12.020. Notice.
A. Published Notice
1. Notice of a legislative change shall be published in a newspaper of general circulation
in the county at least 10 days prior to each public hearing.
2. The notice shall state the time and place of the hearing and contain a statement
describing the general subject matter of the ordinance under consideration.
FINDING: This criterion is met as notice was published in the Bend Bulletin newspaper on April
2, 2021 for the Planning Commission public hearing, and on May 25, 2021 for the Board of
County Commissioners' public hearing.
B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and where
necessary to comply with ORS 203.045.
FINDING: This criterion was met when notice was posted on the bulletin board in the lobby of
the Deschutes County Community Development Department, 117 NW Lafayette, Bend.
C. Individual Notice. Individual notice to property owners, as defined in DCC 22.0&010(A),
shall be provided at the discretion of the Planning Director, except as required by ORS
215.503.
FINDING: The proposed legislative amendments do not apply to any specific property.
However, individual notices were sent to all properties within the Westside Transect Zone.
PAGE 7 OF 20 - EXHIBIT C TO ORDINANCE NO.2021-009
D. Media Notice. Copies of the notice of hearing shall be transmitted to other newspapers
published in Deschutes County.
FINDING: Notice was provided to the County public information official for wider media
distribution. Additionally, as stated previously, notice was published in the Bend Bulletin
newspaper on April 2, 2021 for the Planning Commission public hearing, and on May 25, 2021
for the Board of County Commissioners' public hearing. This criterion was met.
Section 22.12.030. Initiation of Legislative Changes.
A legislative change may be initiated by application of individuals upon payment of required
fees as well as by the Board of County Commissioners.
FINDING: The application was initiated by the Empire Westgate, LLC, upon payment of the
required fee. This criterion has been met.
Section 22.12.040. Hearings Body
A. The following shall serve as hearings or review body for legislative changes in this order.
1. The Planning Commission.
Z The Board of County Commissioners.
B. Any legislative change initiated by the Board of County Commissioners shall be reviewed
by the Planning Commission prior to action being taken by the Board of Commissioners.
FINDING: The Deschutes County Planning Commission held the initial public hearing on April
22, 2021. The Board then held a public hearing on June 16, 2021. These criteria are met.
Section 22.12.050. Final Decision
All legislative changes shall be adopted by ordinance.
FINDING: The proposed legislative changes included in File no. 247-21-000020-TA are
implemented by Ordinance 2021-009.
Deschutes County Comprehensive Plan
Chapter 1 COMPREHENSIVE PLANNING
Section 1.2 Community Involvement
FINDING: The Community Involvement section describes the Community Involvement program
in Deschutes County. The Goals and Policies of this section strive to ensure an active and open
community involvement program. The application is being processed in accordance with the
procedures in the adopted Deschutes County Procedures Ordinance, which implement these
Goals and Policies, as well as all applicable State Statutes and Rules. The review of this
PAGE 8 OF 20 - EXHIBIT C TO ORDINANCE NO. 2021-009
application involved notification, opportunities for comment, and two public hearings - one
before the Planning Commission and one before the Board of County Commissioners. This text
amendment application has been processed in accordance with the adopted Deschutes County
Land Use Procedures Ordinance, which ensured consistency with the Goals and Policies of this
Section.
Section 1.3 Land Use Planning
Goals and Policies
Goal 1 Maintain an open and public land use process in which decisions are based on the
objective evaluation of facts.
FINDING: This section details land ownership in Deschutes County, jurisdictional authority
within the County, Comprehensive Plan designations, zoning, and intergovernmental
coordination. As it relates to the current text amendments, this section requires that the land
use decision be made "based on an adequate factual basis". The adopted and acknowledged
Deschutes County Zoning Ordinance and Deschutes County Land Use Procedures Ordinance
have been adopted to ensure decisions are based upon a factual basis. The application was
processed in accordance with the adopted Land Use Procedures Ordinance, which is consistent
with these Goals and Policies, as well as all applicable State Statutes and Rules. Processing the
application in accordance with the adopted Zoning and Land Use Procedures Ordinances
ensured consistency with the Goals and Policies of this Section.
Chapter 2 RESOURCE MANAGEMENT
Section 2.1 Introduction
Purpose
The concept of sustainability is that resources used today should be managed so that there
are still resources available for future generations. Sustainability encourages balancing
economic, environmental and social concerns. The Deschutes County Comprehensive Plan has
long acknowledged this through policies that require new development to consider the
carrying capacity of environment.
The purpose of the Resource Management chapter is to effectively manage Deschutes County's
agricultural, forest, natural and cultural resources to meet the needs of today while retaining
their value for future generations. These resources include:
FINDING: Resources identified in this Chapter include:
• Agricultural Lands
• Forest Lands
• Goal 5 Resources
• Water Resources
Wildlife Resources
PAGE 9 OF 20 - EXHIBIT C TO ORDINANCE NO.2021-009
• Open Space, Scenic Views and Sites
• Energy Resources
• Environmental Quality
• Mineral and Aggregate Resources
• Historic and Cultural Resources
The Westside Transect Zone is located within the Bend Urban Reserve Area, and is designated
for future residential development associated with the City of Bend. The proposed changes have
the potential to impact Wildlife Resources, Open Space, and Scenic Views and Sites. Goals and
Policies of these sections are implemented through development standards of the Deschutes
County Zoning Ordinance, along with actions of Deschutes County. Potential impacts to resource
management are described in the following sections.
Section 2.1 Introduction
Section 2.6, Wildlife
Goal 1 Maintain and enhance a diversity of wildlife and habitats.
Policy2.6.2 Promote stewardship of wildlife habitats and corridors, particularly those
with significant biological, ecological, aesthetic and recreational value.
Policy 2.6.4 Support incentives for restoring and/or preserving significant wildlife habitat
by traditional means such as zoning or innovative means, including land
swaps, conservation easements, transfer of development rights, tax
incentives or purchase by public or non-profit agencies.
Policy 2.6.7 Use a combination of incentives, regulations and education to promote
stewardship of wildlife habitat and address the impacts of development.
Policy 2.6.8 Balance protection of wildlife with wildland fire mitigation on private lands
in the designated Wildland Urban Interface.
FINDING: A central and guiding component of the Westside Transect Zone is the protection of
wildlife habitat and associated animal migration corridors in accordance with the policies set
forth above. The WTZ zoning requirements were developed in close coordination with wildlife
biologists who created and implemented Wildlife Habitat Mitigation Plans ("Wildlife Plans") for
each transect property. The Wildlife Plans recognize the critical importance of the wildlife
migration corridor along Tumalo Creek and support the code provisions, adopted subdivision
layouts, areas of open space and recorded use restrictions that are designed to protect critical
areas of wildlife habitat. The Applicant has proposed minor amendments to the WTZ text in an
effort to clarify ambiguous language contained in DCC 19.22.050(H) that does not represent the
initial intention of the slope setback language. The proposed change clarifies the drafter's
original intent to protect areas within the Tumalo Creek corridor for wildlife habitat and fire
protection purposes. The proposed text amendment will enhance and not diminish the existing
protections provided to wildlife within the Westside Transect Zone.
Section 2.7 Open Spaces, Scenic Views and Sites Policies
Goal 1 Coordinate with property owners to ensure protection of significant open spaces and
scenic views and sites.
PAGE 10 OF 20 - EXHIBIT C TO ORDINANCE NO.2021-009
Policy 2.7.2 Cooperate with stakeholders to establish a comprehensive system of
connected open spaces.
Policy2.7.3 Support efforts to identify and protect significant open spaces and visually
important areas including those that provide a visual separation between
communities such as the open spaces between Bend and Redmond or lands
that are visually prominent.
Policy 2.7.4 Encourage a variety of approaches that protect significant open spaces and
scenic views and sites.
Policy 2.7.5 Encourage new development to be sensitive to scenic views and sites.
Policy2.7.6 Review County Code and revise as needed to protect open space and scenic
views and sites, including.
a. Provide incentives to locate structures in forests or view corridors so as to
maintain the visual character of the area,
b. Work with private property owners to provide incentives and mitigations
for protecting visually important areas from development impacts,
c. Maintain and revise if needed, the Landscape Management Combining
Zone code to effectively protect scenic views while minimizing impacts on
property owners,
d. Review County Code, including sign and cell tower code and proposed wind
turbine code, to effectively protect scenic views while minimizing impacts
on property and business owners,
e. Review County Code for ways to mitigate for developments that
significantly impact scenic views.
FINDING: The primary open space and scenic resources associated with the Westside Transect
Zone are Shevlin Park and Tumalo Creek, both located along the western boundaries of the zoning
district. A central and guiding component of the WTZ is the protection of open spaces and public
resources such as Shevlin Park and Tumalo Creek. The WTZ zoning requirements were developed
in close coordination with wildlife biologists who created and implemented Wildlife Habitat
Mitigation Plans ("Wildlife Plans") for each transect property. The Wildlife Plans recognize the critical
importance of open space corridors along Tumalo Creek, support the code provisions, adopted
subdivision layouts, areas of open space, and recorded use restrictions that are designed to protect
critical areas of wildlife habitat, many of which overlap existing or proposed open space tracts. The
developers of the Westgate subdivision, located in the WTZ, have further proposed a series of trail
connections to Shevlin Park and associated open space tracts to facilitate movement between public
and private open spaces. Additionally, DCC 19.22.050(G) requires a minimum 100-foot setback from
any property boundary associated with Shevlin Park. Based on the change to slope setbacks which
specifically identify Tumalo Creek Canyon as a reference feature, the proposed text amendment will
not diminish the existing protections provided to open spaces within and adjacent to the Westside
Transect Zone.
Chapter 3 RURAL GROWTH MANAGEMENT
Section 3.1 Introduction
PAGE 1 I OF 20 - EXHIBIT C TO ORDINANCE NO.2021-009
Purpose
The purpose of the Rural Growth Management chapter is to coordinate with other chapters of
this Plan to maintain the quality of life enjoyed by rural residents.
FINDING: This Chapter addresses development within rural portions of Deschutes County,
including Urban Area Reserve lands. The amended code language will allow for a consistent
pattern of development in the Westside Transect Zone, which is specifically addressed in this
Chapter. A complete list of the relevant policies of this chapter is included below:
Section 3.3 Rural Housing Policies
Goal 1. Maintain the rural character and safety of housing in unincorporated Deschutes
County.
Policy 3.3.1 Except for parcels in the Westside Transect Zone, the minimum parcel size
for new residential parcels shall be 10 acres.
Policy 3.3.4 Encourage new subdivisions to incorporate alternative development
patterns, such as cluster developments, that mitigate community and
environmental impacts.
FINDING: Platted subdivisions within the WTZ are currently being developed in accordance with
the policies set forth above. Deschutes County provided Master Plan and Tentative Plan approval
for the 85-lot Westgate development on the "South Transect Property' in County files 247-19-
000500-MP and 247-19-000501-TP. Additionally, Deschutes County provided Master Plan and
Tentative Plan approval for the 60-lot Skyline Ranch development on the "North Transect
Property" in County files 247-20-000004-TP and 247-20-000005-MP. Both the Westgate and Skyline
Ranch subdivisions provide for the clustering of homesites, the protection of wildlife
corridors/open space and mitigation of environmental impacts as contemplated under the above
plan policies. The Applicant's proposed text amendment is intended to clarify the application of
slope setbacks from the Tumalo Creek Canyon and is consistent with the policies set forth above.
Goa/ 2. Support agencies and non -profits that provide affordable housing.
Policy3.3.8 The transect concept provides a range of development patterns from most
to least developed. The Westside Transect Zone implements the transect
concept by providing a rural, low density range at the western edge of the
Bend UGB adjacent to the urban transect typology inside the Bend UGB and
extending outward westerly to the public and forested lands. The Westside
Transect policies set forth below and the zoning ordinance provisions
implementing those policies are specific to the area located between the
Bend UGB and Shevlin Park and do not apply to other areas adjacent to the
Bend UGB.
Policy 3.3.9 Westside Transect Policies:
3.3.9.1 Protect the sensitive eco-systems and interrelationships of the
urban/rural interface on the west side of Bend between the urban
area and Shevlin Park and the public and forestiands to the west.
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3.3.9.2 Protect natural resources and environmentally sensitive areas and
provide special setbacks between development and Shevlin Park,
Tumalo Creek, and forestlands.
3.3.9.3 Development patterns shall reflect the protection of land with
environmental significance and fire -wise community design best
practices.
3.3.9.4 Limit residential development to 200-single family residential lots.
3.3.9.5 Manage all areas outside of the structural building envelopes on
residential lots for wildfire protection and wildlife habitat in
accordance with coordinated plans prepared by professionals,
reviewed annually with reports submitted to the County every three
years. The wildfire mitigation and wildlife habitat plans shall be
funded through homeowner assessments and administered and
enforced by a homeowner's association established at the time of
creation of any residential lots.
3.3.9.6 Reduce the impact of construction by using best management
practices to minimize site disturbance during construction and
construction impacts (i.e., erosion) on Shevlin Park, Tumalo Creek,
and forestlands.
3.3.9.7 Coordinate with the City of Bend for mitigation of impacts to City
infrastructure from development within the Transect.
FINDING: The Applicant's proposed text amendment stands consistent with the adopted
policies for the Westside Transect Zone. The proposed changes to DCC 19.22.050(H) provide
continued protection to the wildlife habitat and migration areas identified through the adoption
of the WTZ and its respective land use requirements. The Applicant seeks to further define the
ambiguous Slope Setback requirement contained in DCC 19.22.050(H) in relation to the Tumalo
Creek Canyon as recommended by the applicable Wildlife Plans and Fire Protection/Forest
Stewardship Plan. This change, coupled with recorded development restrictions and the
applicable Park Setback requirement (DCC 19.22.050(G)), will ensure that all structures are
constructed outside of steeper fire risk areas within the canyon. The proposed text amendment
is consistent with the above policies and adopted plans governing the transect.
Section 3.5, Natural Hazard Policies
Goal 1. Protect people, property, infrastructure, the economy and the environment from
natural hazards.
Policy3.5.4 Provide incentives and if needed regulations, to manage developments in
areas prone to natural hazards.
Policy 3.5.7 Address wildfire danger particularly in the wild/and urban interface.
Policy 3.5.8 Support forest management practices that reduce severe wildfire hazard
areas, as identified by the Wildfire Hazard Identification and Mitigation
System, to a low or moderate rating, particularly in areas with
development.
Policy 3.5.11 Review and revise County Code as needed to:
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a. Ensure that land use activities do not aggravate, accelerate or increase
the level of risk from natural hazards.
b. Address wildfire concerns to and from development, through
consideration of site location, building construction and design,
landscaping, defensible space, fuel management, access and water
availability.
c. Require development proposals to include an impact evaluation that
reviews the ability of the affected fire agency to maintain an appropriate
level of service to existing development and the proposed development.
d. Minimize erosion from development and ensure disturbed or exposed
areas are promptly restored to a stable, natural and/or vegetated
condition using natural materials or native plants.
e. Ensure drainage from development or alterations to historic drainage
patterns do not increase erosion on -site or on adjacent properties.
f. Make the Floodplain Zone a combining zone and explore ways to
minimize and mitigate floodplain impacts.
g. Require new subdivisions and destination resorts to achieve FireWise
Standards from the beginning of the projects and maintain those
standards in perpetuity.
FINDING: The Applicant's proposed text amendment stands consistent with the adopted
policies for the Westside Transect. The proposed changes to DCC 19.22.050 provide continued
protection against the spread of wildfire from forest zoned properties to the west. The Applicant
seeks to further define the ambiguous Slope Setback requirement contained in DCC
19.22.050(H) in relation to the Tumalo Creek Canyon as recommended by the applicable Fire
Protection/Forest Stewardship Plan. This change, coupled with recorded development
restrictions and the applicable Park Setback requirement (DCC 19.22.050(G)), will ensure that all
structures are constructed outside of steeper fire risk areas within the canyon. Additionally,
pursuant to additional standards in the transect zoning code, all new subdivisions are required
to ensure their properties can meet and maintain National Fire Protection Association standards
for defensible space and construction materials in perpetuity. The proposed text amendment is
consistent with the above policies and adopted plans governing the transect.
Chapter 5 SUPPLEMENTAL SECTIONS
Section 5.1 Introduction
Background
This chapter provides material that supplements the other chapters of the Plan. There are no
goals or policies in these sections.
FINDING: This chapter provides supplemental elements and information, none of which is
directly applicable to the current proposal.
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Appendix C TRANSPORTATION SYSTEM PLAN
Goal 1
1. Achieve an efficient, safe, convenient and economically viable transportation and
communication system. This system includes roads, rail lines, public transit, air, pipeline,
pedestrian and bicycle facilities. The Deschutes County transportation system shall be
designed to serve the existing and projected needs of the unincorporated communities and
rural areas within the County. The system shall provide connections between different
modes of transportation to reduce reliance on any one mode.
FINDING: the County's Senior Transportation Planner reviewed the proposed text amendments,
found that the proposal is consistent with Goal 12, and will have no adverse effects, thus
complies with OAR 660-012-0060.
Oregon Administrative Rules, Chapter 660
DIVISION 12, TRANSPORTATION PLANNING (OAR 660-012)
OAR 660-012-0060. Plan and Land Use Regulation Amendments
(1) if an amendment to a functional plan, an acknowledged comprehensive plan, or a land use
regulation (including a zoning map) would significantly affect an existing or planned
transportation facility, then the local government must put in place measures as provided
in section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of
this rule. A plan or land use regulation amendment significantly affects a transportation
facility if it would.
(a) Change the functional classification of an existing or planned transportation facility
(exclusive of correction of map errors in an adopted plan),
(b) Change standards implementing a functional classification system, or
(c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based
on projected conditions measured at the end of the planning period identified in the
adopted TSP. As part of evaluating projected conditions, the amount of traffic projected
to be generated within the area of the amendment may be reduced if the amendment
includes an enforceable, ongoing requirement that would demonstrably limit traffic
generation, including, but not limited to, transportation demand management. This
reduction may diminish or completely eliminate the significant effect of the
amendment.
(A) Types or levels of travel or access that are inconsistent with the functional
classification of an existing or planned transportation facility,
(B) Degrade the performance of an existing or planned transportation facility such that
it would not meet the performance standards identified in the TSP or comprehensive
plan; or
(C) Degrade the performance of an existing or planned transportation facility that is
otherwise projected to not meet the performance standards identified in the TSP or
comprehensive plan.
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(2) Where a local government determines that there would be a significant effect, compliance
with section (1) shall be accomplished through one or a combination of the following.
(a) Adopting measures that demonstrate allowed land uses are consistent with the
planned function, capacity, and performance standards of the transportation facility.
(b) Amending the TSP or comprehensive plan to provide transportation facilities,
improvements or services adequate to support the proposed land uses consistent with
the requirements of this division; such amendments shall include a funding plan or
mechanism consistent with section (4) or include an amendment to the transportation
finance plan so that the facility, improvement, or service will be provided by the end of
the planning period.
(c) Altering land use designations, densities, or design requirements to reduce demand for
automobile travel and meet travel needs through other modes.
(d) Amending the TSP to modify the planned function, capacity or performance standards
of the transportation facility.
(e) Providing other measures as a condition of development or through a development
agreement or similar funding method, including transportation system management
measures, demand management or minor transportation improvements. Local
governments shall as part of the amendment specify when measures or improvements
provided pursuant to this subsection will be provided.
(3) Notwithstanding sections (1) and (2) of this rule, a local government may approve an
amendment that would significantly affect an existing transportation facility without
assuring that the allowed land uses are consistent with the function, capacity and
performance standards of the facility where:
(a) The facility is already performing below the minimum acceptable performance
standard identified in the TSP or comprehensive plan on the date the amendment
application is submitted;
(b) In the absence of the amendment, planned transportation facilities, improvements and
services as set forth in section (4) of this rule would not be adequate to achieve
consistency with the identified function, capacity or performance standard for that
facility by the end of the planning period identified in the adopted TSP;
(c) Development resulting from the amendment will, at a minimum, mitigate the impacts
of the amendment in a manner that avoids further degradation to the performance of
the facility by the time of the development through one or a combination of
transportation improvements or measures;
(d) The amendment does not involve property located in an interchange area as defined in
paragraph (4)(d)(C); and
(e) For affected state highways, ODOT provides a written statement that the proposed
funding and timing for the identified mitigation improvements or measures are, at a
minimum, sufficient to avoid further degradation to the performance of the affected
state highway. However, if a local government provides the appropriate ODOT regional
office with written notice of a proposed amendment in a manner that provides ODOT
reasonable opportunity to submit a written statement into the record of the local
government proceeding, and ODOT does not provide a written statement, then the local
government may proceed with applying subsections (a) through (d) of this section.
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FINDING: This above language is applicable to the proposal because it involves an amendment
to a land use regulation. Although the majority of the policies set forth in Goal 12 relate to the
establishment of a comprehensive TSP, the application of Goal 12 to proposed text amendments
requires an application to demonstrate that a proposal is consistent with the TPR, as
implemented through OAR 660-012-0060(1), noted above. Under OAR 660-012-0060, no further
consideration of traffic is required if the impacts from a potential land use action are deemed
not to be significant.
The proposed text amendments include a redefining of the slope setback standards for new
development in the Westside Transect Zone. The Applicant is not proposing any land use
development at this time and the proposed amendment will not allow any additional land uses
in the WTZ that are not currently allowed in code. Based on assessment of the proposed
amendments by the County Transportation Planner, transportation impacts are determined not
to be significant. Based on this information, the Board finds that the text amendments will be
consistent with the identified function, capacity, and performance standards of the County's
transportation facilities in the area. The Board finds the proposed changes will not change the
functional classification of any existing or planned transportation facility or change the
standards implementing a functional classification system. The changes will not allow types or
levels of land uses that would result in levels of travel or access, which are inconsistent with the
functional classification of nearby transportation facilities. Furthermore, it will not reduce the
performance standards of the facilities below the minimum acceptable level in the County's
transportation system plan.
(4) Determinations under sections (1)-(3) of this rule shall be coordinated with affected
transportation facility and service providers and other affected local governments.
FINDING: Notice of the proposed text amendment request was sent to public agencies including
Deschutes County Road Department and the County Transportation Planner. The submitted
responses are listed in the foregoing Findings of Fact section. The Board finds that this notice
complies with the requirement noted above.
DIVISION 15, STATEWIDE PLANNING GOALS AND GUIDELINES
Goal 1, Citizen Involvement.
FINDING: Deschutes County Planning Division provided notice of the application to the public
through individual notice to affected property owners and notice of the public hearing in the
"Bend Bulletin" newspaper.
Goal 2, Land Use Planning.
FINDING: Goals, policies and processes related to the subject application are included in the
Deschutes County Comprehensive Plan, Title 23, and Deschutes County Code, Title 19. The
application of the processes and policies and regulations are documented within this decision.
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Goal 3. Agricultural Lands.
FINDING: No agricultural lands are involved in the proposed text amendment. Therefore, Goal
3 does not apply.
Goal 4, Forest Lands.
FINDING: No forest lands are involved in the proposed text amendment. Therefore, Goal 4 does
not apply.
Goal 5 Open Spaces Scenic and Historic Areas and Natural Resources.
FINDING: Some Goal 5 resources are located on the subject properties, primarily associated
with Tumalo Creek and a short segment of the Deschutes River. All relevant impacts to Goal 5
resources were inventoried during the Westside Transect Zone adoption process. The WTZ
includes specific provisions to reduce impacts to these resources, such as dedicated/platted
open spaces and setback requirements to sensitive habitat resources. The proposed text
amendments will continue to take into account impacts to scenic features such as Tumalo Creek,
and will serve to further buffer development from those resources by maintaining a 30-foot
setback distance between all development and rimrock features associated with Tumalo Creek
Canyon. No additional impacts to inventoried Goal 5 resources are expected from
implementation of the proposed slope setback amendments.
Goal 6 Air Water and Land Resources Quality.
FINDING: All relevant impacts to air, water, and land resources were inventoried during the
Westside Transect Zone adoption process. The WTZ includes specific provisions to reduce
impacts to these resources, such as dedicated/platted open spaces, setback requirements to
sensitive habitat resources, and connection to the City of Bend's urban water infrastructure for
residential development. The proposed text amendment will not impact the quality of the air,
water, and land resources onsite.
Goal 7 Areas Subject to Natural Disasters and Hazards.
FINDING: The entirety of the Westside Transect Zone is located in a designated wildfire hazard
area. The existing standards in the WTZ, such as the required adoption of a professionally
prepared Wildfire Mitigation Plan for each designated land division, and the proposed text
amendments, are intended to address and minimize existing fire risks in the area. The new slope
setback standards will directly address the largest wildfire risk to the area, which arises from
Tumalo Creek Canyon to the west of the WTZ.
Goal 8. Recreational Needs.
FINDING: The proposed text amendments do not directly impact the recreational needs of
Deschutes County. The Applicant and other transect developers coordinated with the Bend
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Parks and Recreation District in the creation of the WTZ and in the approval of the Westgate
Master Plan. Development within the approved Westgate Master Plan area provides trail
connections to the adjacent Bend Parks and Recreation property along its trail system and
Tumalo Creek.
Goal 9, Economy of the State.
FINDING: This goal does not apply as the subject properties associated with the WTZ are not
designated as Goal 9 economic development land and do not include a major industrial or
commercial development.
Goal 10, Housing.
FINDING: The Westside Transect Zone provides lower density housing opportunities on the
edge of the City of Bend, with resource and wildfire management responsibilities. Housing types
within the City limits are built to higher density urban standards. Housing types west of the WTZ
are built to low density, rural standards. The WTZ provides a transitional type of housing from
the urban to rural areas, with decreasing density outward toward Shevlin Park, Tumalo Creek,
and public lands to the west. No changes to the variety and amount of housing in the WTZ are
expected from the proposed text amendments.
Goal 11 Public Facilities and Services.
FINDING: The proposed text amendment will have no adverse effect on the provision of public
facilities and services.
Goal 12, Transportation.
FINDING: The proposed text amendment will not change residential densities or lot counts
within the WTZ and will have no impact on the surrounding City/County transportation system.
The County Transportation Planner verified this through a review of the text amendment
proposal.
Goal 13, Energy Conservation.
FINDING: The proposed text amendment will have no impact on energy conservation.
Goal 14, Urbanization.
FINDING: The WTZ itself is consistent with the 'orderly and efficient transition from rural to
urban land use". The proposed text amendment will not change lot counts or residential
densities within the transect and does not promote the urbanization of rural land. The proposed
density range is consistent with the acknowledged Comprehensive Plan designation of the
Urban Area Reserve and retains a rural level of development.
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Goals 15 through 19.
FINDING: Goals 15 through 19 do not apply to the WTZ or the proposed text amendment (Goal
15, Willamette River Greenway; Goal 16, Estuarine Resources; Goal 17, Coastal Shorelands; Goal
18, Beaches and Dunes; and Goal 19, Ocean Resources).
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