2021-301-Minutes for Meeting June 16,2021 Recorded 7/13/2021�(Y �)T E S C'9G
BOARD
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
Recorded in Deschutes County CJ2021-301
Nancy Blankenship, County Clerk
Commissioners' Journal 07/13/2021 2:08:54 PM
Q(\�Irs
2021-301
FOR RECORDING STAMP ONLY
9:00 AM Wednesday, June 16, 2021 BARNES & SAWYER DOOMS
VIRTUAL_ MEETING PLATFORM
Present were Commissioners Patti Adair, Anthony DeBone, and Phil Chang. Also present were torn
Anderson, County Administrator; David Doyle, County (-ounsel; and Sharon Keith, Board Executive
Assistant (via Zoom conference call). Attendance was lin'lited 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 9:00 a.m.
PLEDGE OF ALLEGIANCE:
CITIZEN INPUT:
Greg Bryant, resident of Deschutes River Woods, presented a request for $2,000 to
provide a safety communications equipment for residents of Deschutes River
Woods. Commissioner DeBone offered to speak with Mr. Bryant regarding this
request and acknowledged the email Mr. Bryant sent last evening through the
Citizen Input line as well. Commissioner Adair noted she had sent his email
request to County Forester Ed Keith. County Administrator Anderson also sent the
email to Deschutes County Emergency Manager Nathan Garibay.
BOCC MEETING DUNE 1 h, 2021 PAah 1 0F 11
Commissioner DeBone acknowledged two emails received through the Citizen
Input:
• Gale Rietmann, presented a suggestion on use of funds brought in to Bend
through tourism to create a communication effort to prevent littering.
• Janet Harris, presented testimony to encourage the Board to reconsider the
flattening of Bill Worrell Park to make more parking spaces.
Commissioner Adair reported she received public safety power shut-off mailer from
Central Electric.
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 Document No. 2021-485, Amendment
for Extension with the Heart of Oregon Corps
2. Consideration of Board Signature of Order No. 2021-024, Authorizing the
Property Manager to Execute the Documents Associated with the Purchase
of Property Located at 244 NW Kingwood, Redmond and the Acceptance of
the Adjacent 0.03 Acre Property
3. Consideration of Board Signature of Resolution No. 2021-023, Initiating the
Vacation of a Portion of Cook Avenue
4. Approval of Minutes of the May 28, 2021 Legislative Update
ACTION ITEMS:
5. Legislative Update
Communications Director Whitney Hale introduced this item. PAC West
BOCC MUTING JUNE 16, 2021 PAGE 2 OF 11
Lobbyist Phil Scheuers presented the update of the legislative session via
Zoom conference call. Mr. Scheuers presented a list of bills of interest.
Commissioner DeBone reported he had signed a letter as Chair addressed to
Representative Jack Zika in support of a legislative grant for the architectural
efforts of the North County Building in Redmond in the amount of $300,000
one-time funds.
DEBONE: Move approval of Chair signature
CHANG: Second
VOTE: CHANG: Yes
ADAI R: Yes
DEBONE: Chair votes yes. Motion Carried
Mr. Scheuers stated an end of session legislative report will be sent to the
Commissioners. Ms. Hale inquired on the Board's direction of the next
scheduled legislative update. Commissioner Adair suggested placing an item
on the June 23, 2021 BOCC meeting.
6. Consider Recommendation of Deschutes County Clerk to Appoint
Stephen Dennison as Interim County Clerk, Effective July 31, 2021 and
Consideration of Board Signature of Order No. 2021-025
County Counsel Dave Doyle presented the item, noting that County Clerk
Nancy Blankenship has submitted her letter of retirement (effective end of
day on July 31, 2021). Mr. Doyle explained the process of filling the position
with an interim appointment. Elections Supervisor Stephen Dennison was
recommended by Ms. Blankenship as her replacement. Mr. Dennison was
interviewed by each Commissioner on May 27, 2021. Nancy Blankenship was
present via Zoom conference call. The Commissioners thanked Ms.
Blankenship for her service to Deschutes County. Mr. Dennison stated he is
humbled and honored by the recommendation.
ADAI R:
CHANG:
Move approval of Board Signature of Order No. 2021-025
Second
13OC:C; MEETING JEJNF 16, 2021 PAGE 3 OF 11
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
7. Consideration of Chair Signature of Document No. 2021-520, a Notice of
Intent to Award Contract for Crushing and Delivery of 3/a"-0 Commercial
Base Rock - 2021
County Engineer Cody Smith presented the item for consideration via Zoom
conference call explaining the project scope of work. Four bids were
received and the lowest qualified bidder was Taylor Northwest LLC.
CHANG: Move approval of Document No. 2021-520
ADAIR: Second
VOTE: CHANG: Yes
ADAIR: Yes
DEBONE: Chair votes yes. Motion Carried
8. Consideration of First and Second Reading of Ordinance 2021-005 to
Amend the Deschutes County Comprehensive Plan Map Designation
from Agriculture to Redmond Urban Growth Area and Adjust the
Redmond Urban Growth Boundary
Senior Transportation Planner Peter Russell presented the item for
consideration.
ADAIR: Move approval of first and second reading, by title only of
Ordinance No. 2021-005 by emergency adoption
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
BOCC MEE FINE JUNE: 16, 2021 PAGE 4 OF 11
Commissioner DeBone read the Ordinance No. 2021-005 by title only, first
and second reading.
ADAIR: Move adoption of Ordinance No. 2021-005 by emergency
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
9. Consideration of First Reading of Ordinance No. 2021-008 to Fix a
Scrivener's Error in Ordinance No. 2020-002
Senior Transportation Planner Peter Russell presented the Ordinance and
explained the need to fix a scriveners error
CHANG: Move first reading, by title only of Ordinance No. 2021-008
ADAIR: Second
VOTE: CHANG: Yes
ADAIR: Yes
DEBONE: Chair votes yes. Motion Carried
Commissioner DeBone read the first reading of Ordinance No. 2021-008 by
title only. The second reading will be held in two weeks.
10.PUBLIC HEARING: and Consideration of Order No. 2021-019, Stevens
Ranch Annexation to Bend Park & Recreation District
County Counsel Dave Doyle presented the Order and explained the hearing
procedures. Sarah Bodo, Bend Parks and Recreation presented testimony in
support. Gary Miller, property owner and Tia Miller, attorney were present in
support of the annexation. Commissioner DeBone called for additional
testimony and hearing none, closed the public hearing.
BGCC MFFIING JUNF 16, 2021 PAGE 5 OF 11
ADAIR: Move adoption of Order No. 2021-019
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
11.Equity Plan Implementation and Funding Discussion and Consideration
of Board Signature of Document No. 2021-524, State of Oregon Grant
Agreement
Health Services staff present via Zoom were Nahad Sadr-Azodi, Molly Wells -
Darling, Cheryl Smallman and Chris Weiler asking for consideration of a
document to provide additional funding for implementation of the COVID
equity vaccination plan. The department is requesting authorization to
provide incentives with a portion of the federal funding (administered by the
state) of $1 million, in order to encourage the community to be vaccinated.
Incentives will include gift certificates, raffle items, food, beverage and raffles
at the vaccination clinic, and business incentives for front line workers.
Commissioner Chang inquired whether outreach has been done with our
businesses. Initial work has been done by talking with Chambers of
Commerce and business associations.
Commissioner DeBone noted that certain elements of the incentive program
seems undignified and raffles don't seem appropriate. He feels some people
will be motivated but you could also damage the cause by making the
seriousness of the situation seem like a game show. Commissioner Chang
supports the incentives if it helps people to get to the point of vaccination.
Commissioner Adair asked about the return level of the messaging through
public service announcements and public communications by billboards. Mr.
Sadr-Azodi explained a public survey will be conducted to find the results.
Commissioner DeBone inquired if vaccines are being requested to be
delivered. Homebound individuals are contacted if requesting a vaccine.
Commissioner DeBone again commented on the use of public dollars for a
raffle and proposed dropping that from the request. Commissioner Adair
encourages support of local businesses. Commissioner Chang is supportive
ROCC MFFTING JUNF 16, 2021 PAGF 6 OF 11
of all of the incentives and sees the potential value. Commissioner DeBone
proposed to remove the raffles from the request and supports efforts of
raising vaccine counts in our community. Commissioner Adair
recommended offering $20 in tokens for use at local business.
Commissioner Chang suggested spreading the funding through the other
three strategies other than the raffles. Mr. Sadr-Azodi asked the Board again
to consider the raffle incentive. Commissioner DeBone reiterated he is not
supportive of holding a raffle for this purpose.
The grant agreement doesn't spell out the incentive options that the Health
Services staff are recommended. The specific allocations could be addressed
at a later meeting in July.
ADAIR: Move approval of Document No. 2021-524 with funding from
the federal government
CHANG: Second
VOTE: ADAI R: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
RECESS: Commissioner DeBone announced the Board was going into recess at
10:49 a.m. to attend the Redmond Economic Development lunch meeting at the
Deschutes County Fairgrounds and reconvened the meeting at 1:35 p.m.
12.PUBLIC HEARING: the Applicant (Empire Westgate LLC) Proposes
Amendments that Would Alter the Slope Setback Requirements for the
Westside Transect Zone
Commissioner DeBone was delayed at event in Redmond, so Acting Chair
Commissioner Chang directed that staff proceed with the public hearing.
Community Development Department Planner Kyle Collins presented the
public hearing procedures. Upon hearing no conflicts of interest or
challenges or objections from the audience, Commissioner Chang opened
the public hearing. Commissioner DeBone arrived at 1:41 p.m. and declared
BOC;Ce MEETING JUNE 16, 2021 PAGF'7 OF 11
that he has no conflicts to declare. Mr. Collins presented the staff report.
Also present via Zoom conference call were County Forester Ed Keith and
Assistant Legal Counsel Adam Smith.
Commissioner DeBone called for public testimony.
Myles Conway, applicant attorney, provided testimony in support.
Craig Letz, fire expert acting as consultant, provided testimony in support and
spoke on mitigation efforts.
EriK Huffman, civil engineer, provided testimony in support.
Tia Lewis, adjacent developer's attorney, provided testimony in support.
Hearing no further testimony, Commissioner DeBone closed the public
hearing. Commissioner Chang expressed support of a rim based set back
requirement.
ADAIR: Move approval of first and second reading by title only of
Ordinance No. 2021-009 and adopted by emergency and
effective immediately
CHANG: Second
VOTE: ADAI R: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
Commissioner DeBone read the Ordinance by title only into the record, first
and second reading.
ADAIR: Move adoption of Ordinance No. 2021-009, by emergency
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
Commissioner Chang commented on the importance of precautions for fire
E3OCC MUTING JUKE: 16, 2021 PACE 8 OF 11
prevention.
13.Consideration of Board Signature of Order No. 2021-023, Pine Crest Lane
Gate Order and Access Restriction
Road Department Director Chris Doty and Robert Townsend, ODOT
presented the item for consideration via Zoom conference call. ODOT is
requesting County assistance to gate and restrict access to US 97 at Pine
Crest Lane. Presentation is attached to the record.
ADAIR: Move adoption of Order No. 2021-023
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
14.Preparation for Agenda Item on June 23, 2021 BOCC meeting: Board
Order No. 2021-021 Consideration for Naming and Unnamed Public
Road as Mock Road
Associate Planner Tarik Rawlings presented the item as a preparation for the
Order in consideration of a proposed road name. This item will be included
for consideration on the Consent Agenda of the June 23, 2021.
15.PRESENTATION: Taylor Grazing Project
County Forester Ed Keith and Dr. Stuart Garrett presented via Zoom
conference call. Mr. Keith reported on the Taylor Grazing Project noting
applications were received from the East Cascades Audubon Society. The
funds for the project was awarded by the Board of Commissioners acting as
the Taylor Grazing Committee. Dr. Garrett presented the sagebrush
E30CC MIF"fING JUNE 16, 2021 PAGI: "C)1= 11
rangeland restoration project supported by the grant received. Dr. Garrett
offered a project site tour. Commissioner DeBone expressed interest in
visiting the site. Mr. Keith reported on the grant parameters of rangeland
improvement projects. Mr. Keith will arrange for a site visit for the
Commissioners. In the next fiscal year budget, there is $15,000 set aside for
this grant program.
OTHER ITEMS:
Commissioner Chang reported on testimony for AOC for the house water
committee.
• Commissioner Chang also noted a letter received asking the Board for
support ofJuneteenth and to help sponsor an event this coming weekend.
Commissioner DeBone is interested in learning about the event but not a
financial support at this time. Commissioner Adair commented on a phone
meeting with an organizer of the event but didn't offer financial support at
this time.
• Commissioner Adair would offer financial support for the recent Board of
Directors and Legislative Committee event held by AOC in Sunriver on June
13 and 14. Commissioner Chang did note that he has been made aware that
it is custom for the hosting county to make a contribution.
ADAIR: Move approval of $2,000 contribution for the AOC from
unallocated transient room tax.
Commissioner Chang would support this but would want to have more detail
on expenses and would consider $1,000 to $2,000. County Administrator
Anderson offered to reach out to AOC staff for an expense list.
ADAIR: Move approval of up to $2,000 contribution for the AOC from
unallocated transient room tax.
CHANG: Second
VOTE: ADAI R: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
1-30CC MUTING JUNF 16, 2021 PAGE 10 OF 11
Further discussion of the Juneteenth event sponsorship request, the Board
consider having the event organizers to present information to the Board for
future events.
Commissioner DeBone reported on the REDI lunch today where Alan Unger was
presented with Citizen of the Year Award and the Community Service Award was
presented to the Fair and Expo staff.
Commissioner DeBone commented on the analysis done by Crook County
regarding the Water Way Democracy Act. Commissioner Chang commented a
presentation could be requested by Congressman Wyden's office.
Commissioner Adair would like the presentation to include information for
private land owners.
EXECUTIVE SESSION:
At the time of 4:18 p.m., the Board went into Executive Session under ORS 192.660
(2) (e) Real Property Negotiations. The Board came out of the Executive Session at
5:09 p.m.
AD,JORN Being no further items to come before the Board, the meeting was adjourned at
>:09 pn).
DA i I _D this _ _ Day of _. _ _ 2071 for the Deschutes County Board of
Commissioners.
ANTHONY DEBONE, CHAIR
VIM
HIL CHAN , VICE CHAIR
k
V
PA"TTI ADAIR, COMMISSIONER
BOCC MrETING JUNE 16, 2021 PAGI 11 OF 11
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - www.deschutes.org
BOCC MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
9:00 AM, WEDNESDAY, DUNE 16, 2021
Live Streamed Video - 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, June 16, 2021 Page 1
of 4
providing testimony during a hearing, you will be placed in the waiting room until the time of testimony,
staff will announce your name and unmute your connection to be invited for testimony. Detailed
instructions will be included in the public hearing materials and will be announced at the outset of the
public hearing.
PLEDGE OF ALLEGIANCE
CITIZEN INPUT (for items not on this Agenda)
[Note: Because COVID-19 restrictions may limit or preclude in person attendance, citizen input comments
may be emailed to citizen in put@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
1. Consideration of Board Signature of Document No. 2021-485, Amendment for
Extension with the Heart of Oregon Corps
2. Consideration of Board Signature of Order No. 2021-024, Authorizing the Property
Manager to Execute the Documents Associated with the Purchase of Property
Located at 244 NW Kingwood, Redmond and the Acceptance of the Adjacent 0.03-
Acre Property
3. Consideration of Board Signature of Resolution No. 2021-023, Initiating the
Vacation of a Portion of Cook Avenue
4. Approval of Minutes of the May 28, 2021 Legislative Update
ACTION ITEMS
5. 9:05 AM Legislative Update Add -On
6. 9:30 AM Consider Recommendation of Deschutes County Clerk to Appoint
Stephen Dennison as Interim County Clerk, Effective July 31, 2021 and
Consideration of Board Signature of Order No. 2021-025 Updated
7. 9:50 AM Consideration of Chair Signature of Document No. 2021-520, a Notice
of Intent to Award Contract for Crushing and Delivery of 3/4"-0
Commercial Base Rock - 2021 - Cody Smith, County Engineer
Board of Commissioners BOCC Meeting Agenda Wednesday, June 16, 2021 Page 2
of 4
8. 9:55 AM Consideration of First and Second Reading of Ordinance 2021-005 to
Amend the Deschutes County Comprehensive Plan Map Designation
from Agriculture to Redmond Urban Growth Area and Adjust the
Redmond Urban Growth Boundary - Peter Russell, Senior Planner
9. 10:00 AM Consideration of First Reading of Ordinance 2021-008 to Fix a
Scrivener's Error in Ordinance 2020-002 - Peter Russell, Senior Planner
10. 10:05 AM PUBLIC HEARING and Consideration Order No. 2021-019 Stevens
Ranch Annexation to Bend Park & Recreation District - Pauline Word,
Paralegal
11. 10:15 AM Equity Plan Implementation and Funding Discussion and
Consideration of Board Signature of Document No. 2021-524, State of
Oregon Grant Agreement - Nahad Sadr-Azodi, Public Health Deputy
Director
LUNCH RECESS 11:00 a.m. -1:30 p.m.
12. 1:30 PM PUBLIC HEARING: the Applicant (Empire Westgate LLC) Proposes
Amendments that Would Alter the Slope Setback Requirements for the
Westside Transect Zone - Kyle Collins, Associate Planner
13. 3:00 PM Consideration of Board Signature of Order No. 2021-023, Pine Crest
Lane Gate Order and Access Restriction - Chris Doty, Road Department
Director
14. 3:30 PM Preparation for Public Hearing: Board Order No. 2021-021
Consideration for Naming an Unnamed Public Road as Mock Road -
Tarik Rawlings, Associate Planner
15. 4:00 PM PRESENTATION: Taylor Grazing Project - Ed Keith, Forester Updated
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss as part of
the meeting, pursuant to ORS 192.640.
EXECUTIVE SESSION
Board of Commissioners BOCC Meeting Agenda Wednesday, June 16, 2021 Page 3
of 4
At any time during the meeting, an executive session could be called to address issues relating to ORS
192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor
negotiations; ORS 192.660(2)(b), personnel issues; or other executive session categories.
Executive sessions are closed to the public, however, with few exceptions and under specific guidelines,
are open to the media.
Executive Session under ORS 192.660 (2) (e) Real Property Negotiations
ADJOURN
Board of Commissioners BOCC Meeting Agenda Wednesday, June 16, 2021 Page 4
of 4
�vT E S COG
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 June 16, 2021
DATE: June 8, 2021
FROM: Tarik Rawlings, Community Development, 541-317-3148
TITLE OF AGENDA ITEM:
Preparation Discussing: Board Order No. 2021-021 Consideration for Naming an
Unnamed Public Road as Mock Road
RECOMMENDATION & ACTION REQUESTED:
No Board action needed at this time
BACKGROUND AND POLICY IMPLICATIONS:
In 2020, the road to be named was created as the result of a Road Dedication approval (file no. 247-20-
000434-RD) and simultaneous Road Vacation. The Road Vacation effectively vacated a portion of the
mapped road that did not align with the improved surface of the road. The Road Dedication effectively
dedicated a former portion of Tax Lot 100 that accurately aligned with the improved road surface. This
existinggravel road is +/- 1,430 feet in length, extends south from Tumalo Reservoir Road, and
terminates near the southeast corner of Tax Lot 100 and the northwest corner of Tax Lot 407. Board
Order 2021-021 implements the approval and is slated for Board consideration on June 23, 2021.
FISCAL IMPLICATIONS: None
ATTENDANCE: Tarik Rawlings, Associate Planner, CDD
C ( , r€/V [ti k }; N i r Y D E V F.,., L 0 P M F N F
FINDINGS AND DECISION
FILE NUMBER: 247-20-000749-RN
APPLICANT: Suzanne Gill King
PROPOSAL: The applicant requests to establish the name "Mock Road" for a public road
extending south from Tumalo Reservoir Road near property located on
County Assessor's Map 17-11-02 as Tax Lot 100.
ROAD LOCATION: Tax Map 17-11-02 adjacent to the eastern boundary of Tax Lot 100.
This currently unnamed public road is located off Tumalo Reservoir Road,
directly south of the intersection of Tumalo Reservoir Road and Mock
Road, and extends south for approximately 1,430 feet.
STAFF CONTACT: Tarik Rawlings, Associate Planner
Phone: 541-317-3148
Email: Tarik.Rawlings@deschutes.org
I. APPLICABLE CRITERIA:
Deschutes County Code (DCC)
Title 16, Addresses and Road Names
Chapter 16.16, Road Naming
Title 22, Deschutes County Development Procedures Ordinance
II. BASIC FINDINGS:
ROAD DESCRIPTION: In 2020, the road to be named was created as the result of a Road Dedication
approval (file no. 247-20-000434-RD) and simultaneous Road Vacation. The Road Vacation
effectively vacated a portion of the mapped road that did not align with the improved surface of the
road. The Road Dedication effectively dedicated a former portion of Tax Lot 100 that accurately
aligned with the improved road surface. This existing gravel road is +/-1,430 feet in length, extends
117 NW Lafayette Avenue, Bend, Oregon 97703 I P.O. Box 6005, Bend, OR 97708-6005
(541) 388-6575 cdodeschutes.org www.des(outes.org/cd
south from Tumalo Reservoir Road, and terminates near the southeast corner of Tax Lot 100 and
the northwest corner of Tax Lot 407.
Vicinity Map
247-20-000749-RN
TUMALO RESERVOIR RD
Proposed Road to be
named "Mock Road"
ROCHELLE LOW
19175 Tumalo Reservoir Rd
■
■
■
JOHN & JANET KAILEY
■
19251 Tumalo Reservoir Rd
■
■ ■
■r rrrrr♦
BIG ROCK PROPERTIES LLC PAT & THERESA KORISH
Gd 120 Tyler Rd 19201 Tumalo Reservoir Rd
COYOTE GULCH LLC
19211 Tumalo Reservoir Rd
Ces hw- County GIS, Sources E.. USGS. NOAA
AFFECTED PROPERTIES: There are four (4) properties with frontage along the road to be named.
These four properties take access from the road to be named. A fifth property (Tax Lot 1000), takes
access from Tyler Road. The following five (5) properties are affected by the configuration of the
subject road:
ADDRESS
ASSESSOR MAP AND TAX LOT
19175 Tumalo Reservoir Road
17-11-02, Tax Lot 100
19251 Tumalo Reservoir Road
17-11-01, Tax Lot 402
64120 Tyler Road
17-11-02, Tax Lot 1000
19201 Tumalo Reservoir Road
17-11-01, Tax Lot 407
19211 Tumalo Reservoir Road
1 17-11-01, Tax Lot 408
247-20-000749-RN Page 2 of 10
PUBLIC AGENCY COMMENTS: The Planning Division mailed notice on November 16, 2020 to
several public agencies and received the following comments:
Deschutes County Address Coordinator, Tracy Griffin
"Of the submitted list of road names below, Mock Road is the preferred name for approval.
(Mock Lane would also be correct as my interpretation of DCC 16.16.030 (E)(2)(d) states "Roads of reduced
right of way "or" curving roads etc. This extension of Mock Road is clearly a reduced right of way.)
Mock Dr. would not be approved as explained by Peter below.
Sunstone, Jasper and Cinder are all duplicate names and would not be approved.
Additional Agency comments:
The following parcels will have an address change due to the road name change:
17-11-0100-00402
17-11-0100-00407
17-11-0100-00408
The new address will be determined once the new road name is determined."
Deschutes County Senior Transportation Planner, Peter Russell:
"I would agree with the Property Address Coordinator that this is a north -south facility and thus triggers
the term Road in its name, per DCC 16.16.030(E)(2)(a). The road is almost overwhelmingly straight, not
curved, and thus does not meet the baseline test to be a Drive under DCC 16.16.030(E)(2)(e).
1'll defer to the Property Address Coordinator in terms of which of the five names proposed below by the
applicant is acceptable. Personal opinion, I'm fine with Mock Road which gives the same name north and
south of Tumalo Reservoir Road."
Deschutes County Building Official, Randy Scheid:
'The Deschutes County Building Safety Divisions code mandates that Access, Egress, Setbacks, Fire & Life
Safety, Fire Fighting Water Supplies, etc. must be specifically addressed during the appropriate plan review
process with regard to any proposed structures and occupancies.
Accordingly, all Building Code required items will be addressed, when a specific structure, occupancy, and
type of construction is proposed and submitted for plan review."
The following agencies did not respond to the notice: Deschutes County Assessor, Deschutes
County Road Department, ODOT Region 4 Planning, Bend Fire Department, and Tumalo Irrigation
District.
PUBLIC COMMENTS: Notice was sent to the five (5) affected properties per DCC 16.16.030(B). The
applicant also posted a proposed road name sign. No written public comments were received.
247-20-000749-RN Page 3 of 10
REVIEW PERIOD: The subject application was submitted on November 2, 2020. This application will
be reviewed in accordance with DCC 16.16 and requires final approval by the Board of County
Commissioners (BOCC) per DCC 16.16.030(I).
I11. CONCLUSIONARY FINDINGS:
CHAPTER 16.16, ROAD NAMING
Section 16.16.010, Road Naming Authority.
A. Deschutes County, through the Community Development Department, shall have
the authority to and shall assign road names to roads requiring names as provided
in DCC 16.16.
FINDING: The subject road naming application is being reviewed by the Deschutes County
Community Development Department. This criterion is met.
Section 16 16 020 Unnamed Roads.
All unnamed public and private roads and other roadways which provide access to three or
more tax lots, or which are more than 1,320 feet in length, shall be assigned a name in
accordance with the procedures in DCC 16.16.030.
FINDING: The subject unnamed road provides access to five (5) tax lots and is more than 1,320 feet
in length. Therefore, staff finds the proposed road name assignment must be reviewed in accordance
with the procedures in DCC 16.16.030, which are addressed below. This criterion will be met.
Section 16.16.030, Procedures for Naming New Roads.
A. Application.
1. The naming of a road may be initiated by the Community Development
Department, Planning Commission, the Board, or by application of adjacent
property owners, developers, or public agencies which may be affected by
road names.
FINDING: This application was initiated by adjacent property owners, Ryan & Kacey Taylor, on
November 2, 2020. This criterion is met.
2. An application to name a road shall be submitted to the Community
Development Department and shall include, at a minimum, the following.
a. Name of applicant,
Ryan and Kacey Taylor previously owned the abutting property identified on Deschutes County Assessor's
Map 17-11-02, as tax lot 100, which is currently owned by Rochelle Low as of November 10, 2020.
247-20-000749-RN Page 4 of 10
b. Location of road by description and or map;
C. Legal status of road, if known,
d. Proposed road name, with two alternate proposed names,
e. Reason for name request;
f. Petition(s) attached, if any, and
g. Fee, if any, as established by the Board.
FINDING: The applicant submitted the required information and fee identified above. These criteria
are met.
B. Notice of a proposed name assignment shall be sent to all persons owning property
abutting the affected road or having an address on the affected road. Such notices
shall be sent within 10 days of the receipt of an application, if any, or other action
initiating the proposed road name assignment.
FINDING: On November 16, 2020, staff mailed notice of this pending application to the five (5)
property owners abutting the subject road to be named. This notice was mailed seven (7) days after
the application was assigned to the staff planner. This criterion is met.
C. Persons receiving notice under DCC 16.16.030(B) shall promptly notify any tenants
or other occupants of the affected property of the proposed road name assignment.
D. Any person receiving notice under DCC 16.16.030(B) above may comment in writing
on the proposed name within 10 days from the date of notice.
FINDING: The mailed notice was sent to the five (5) properties abutting the road to be named. No
written public comments were received. These criteria are met.
E. Standards
1. General. The proposed road name shall.
a. Be limited to a maximum of two words.
b. Not duplicate existing road names, except for continuations of
existing roads.
C. Not sound so similar to other roads as to be confusing.
d. Not use compass directions such as North, East, South, etc., as part of
the road name.
e. Not use designations such as Loop, Way, Place, etc., as part of the road
name.
f. Improve or clarify the identification of the area.
g. Use historical names, when possible.
h. Reflect a consensus of sentiment of affected property owners and
occupants, when possible, subject to the other standards contained in
DCC 16.16.030.
FINDING: The applicant initially submitted the following four (4) road names for consideration:
247-20-000749-RN Page 5 of 10
1.
Tumalo Reservoir Lane
2.
Tumalo Reservoir Court
3.
Tumalo Reservoir Place
4.
Tumalo Reservoir Drive
The Deschutes County Address Coordinator issued a comment to the applicant indicating the
proposed names were insufficient as they were duplicates of existing county road names. As a
result, the applicant submitted the following five (5) road names for consideration:
1.
Mock Road
2.
Mock Drive
3.
Sunstone Road or Drive
4.
Jasper Road or Drive
5.
Cinder Road or Drive
Staff finds the proposed road name "Mock Road" meets the standards above and is representative
of the surrounding area, which includes an existing roadway known as "Mock Road" directly north
of the road to be named. For these reasons, staff has assigned the road name "Mock Road" to the
subject right-of-way from the list of submitted names. These criteria are met.
2. Particular Roads. The proposed road name shall also conform to the
following standards:
a. North/South roads shall be called "roads" or "streets."
b. East/West roads shall be called "avenues."
C. Roads dead -ending in a turnaround 1,000 feet or less from their
beginning points shall be called "courts.,,
d. Roads of reduced right-of-way or curving roads of less than 1,000 feet
shall be called "lanes" or "terraces."
e. Curving roads longer than 1,000 feet shall be called "drives" or "trails."
f. Roads that deviate slightly from the main course of a road with the
same name, are less than 1,000 feet in length, shall be called "places."
g. Roads that are four lanes or more shall be called "boulevards."
h. Historical roads shall be called "market roads."
i. Roads running at oblique angles to the four points of the compass,
less than 1,000 feet in length, shall be called "ways." (See Appendix
"D," attached hereto.)
j. Roads that begin at and circle back onto the same road, or that are
circular or semicircular, shall be called "circles" or "loops."
FINDING: The road to be named is approximately 1,430 feet in length and extends south from the
intersection of Tumalo Reservoir Road and Mock Road. Given this configuration, staff finds "road" is
the appropriate suffix. These criteria are met.
F. Staff Review and Road Name Assignment. The Community Development Department
shall review road name applications and shall assign road names under the
247-20-000749-RN Page 6 of 10
following procedure:
1. Verify legal status of road with the County Clerk's office and Road
Department.
FINDING: In 2020, the road to be named was created as the result of a Road Dedication approval
(file no. 247-20-000434-RD) and simultaneous Road Vacation. The Road Vacation effectively vacated
a portion of the mapped road that did not align with the improved surface of the road. The Road
Dedication effectively dedicated a former portion of Tax Lot 100 that accurately aligned with the
improved road surface. The Deschutes County Clerk's Office and Road Department have records of
the approved Road Dedication and Road Vacation associated with this road. This criterion is met.
2. Check proposed road name(s) to avoid duplication or confusing similarity
with other existing road names, with those on approved preliminary land
divisions and with those approved for future use.
FINDING: The Deschutes County Address Coordinator confirmed the proposed road name avoids
duplication or confusion with similar -named roads in Deschutes County. This criterion is met.
3. Perform afield check, when necessary.
4. Assist the applicant or other affected person(s) to find alternate names when
required.
FINDING: For the purposes of this review, staff relied on existing County records and aerial images
to verify the applicable requirements. As detailed in this decision, the proposed name "Mock Road"
satisfies the applicable requirements. This road name was chosen as a result of the Deschutes
County Address Coordinator assisting the applicant in finding alternate names. These criteria are
met.
S. Notify appropriate persons, departments and agencies of the road name
application, and request comments.
6. Review and consider all comments submitted.
7. Assign a road name in accordance with the standards set forth in DCC
16.16.030(E) above.
FINDING: As detailed in the Basic Findings above, the appropriate persons, departments and
agencies received notice of this pending application. All of the submitted comments were reviewed
in coordination with the Deschutes County Property Address Coordinator and the assigned name,
Mock Road, meets the standards of DCC 16.16.030(E). These criteria are met.
G. Notice of Staff Decision. Following assignment of a road name by the Community
Development Department, notice of the road name assignment shall be sent to all
persons entitled to notice under DCC 16.16.030(8).
H. Appeal. Affected property owners and occupants shall have the right to appeal the
assignment of a road name by the Community Development Department. Such
appeals shall be conducted in accordance with the provisions of the Deschutes
247-20-000749-RN Page 7 of 10
County Development Procedures Ordinance, except where the provisions of DCC
16.16.030 conflict with the procedures ordinance, in which case the provisions of
DCC 16.16.030 shall apply. Affected property owners and occupants shall have 10
days from the date of the staff decision in which to file an appeal. Issues on appeal
shall be limited to whether the Community Development Department correctly
applied the criteria set forth herein.
FINDING: A Notice of Staff Decision will be mailed in accordance with the requirements of DCC
16.16.030(B). This notice will include information on the right to appeal as detailed above. These
criteria will be met.
I. A road name assignment becomes final when no further right of appeal established
herein is possible. Within 10 days of the road name assignment becoming final, the
Board shall sign an order establishing the road name as assigned by the Community
Development Department.
FINDING: Within ten (10) days of this decision becoming final and absent an appeal, the proposed
road name assignment of Mock Road will become final under Board Order 2021-021. This criterion
will be met.
J. The affected property owners and occupants shall have 180 days from the date of
the Board order of road name assignment to begin using the road name.
FINDING: To ensure compliance a Condition of Approval has been added. This criterion will be met.
K. Notice of Decision. Following the order of the Board naming a road, the Community
Development Department shall.
1. Notify the applicant requesting the road name of the action
2. Send copies of the order naming the road to the following.
a. Road Department
b. Assessor's Office and Tax Office
C. Postmaster
d. Planning Department
e. County Clerk's office
f. Affected telephone and other utilities
g. Affected fire department(s)
h. Local school district(s)
i. Emergency services, i.e., police, fire, 911, etc.
3. File the original order naming a new road with County Clerk
4. On a monthly basis, the Community Development Department shall publish
a list of changed road names in a newspaper of general circulation
designated for the purpose of the Board.
FINDING: Following review of the Board Order, staff will provide notice of the Board Order to the
required entities identified above and the Board Order will be recorded in the Deschutes County
247-20-000749-RN Page 8 of 10
Clerk's records. The proposed road name will be published in a newspaper with the list of changed
road names. These criteria will be met.
IV. CONCLUSION:
Based on the foregoing findings, staff concludes that the proposed road name can comply with the
applicable standards and criteria of the Deschutes County Road Naming Ordinance if conditions of
approval are met.
Other permits may be required. The applicants are responsible for obtaining any necessary permits
from the Deschutes Road Department as well as any required state and federal permits.
The Deschutes County Road Department will coordinate the posting of a new road sign with the
Property Address Coordinator. Please coordinate with the Deschutes County Road Department
regarding fees related to the creation and installation of the new road sign.
V. DECISION:
APPROVAL, subject to the following conditions of approval.
VI. CONDITION OF APPROVAL:
A. The affected property owners and occupants shall have 180 days from the date of the Board
Order of road name assignment to begin using the road name. Note: This requirement will
only impact property owners and occupants that take access from Mock Road.
VII. DURATION OF APPROVAL:
This decision becomes final ten (10) days after the date mailed, unless appealed by a party of
interest. Issues on appeal shall be limited to whether the Community Development Department
correctly applied the criteria set forth herein. To appeal, it is necessary to submit a Notice of Appeal,
the appeal fee of $250.00 and a statement raising any issue relied upon for appeal with sufficient
specificity to afford the Hearings Body an adequate opportunity to respond to and resolve each
issue.
Within ten (10) days of this decision becoming final and absent an appeal, the Board of County
Commissioners shall approve the subject road name assignment pursuant to Board Order 2021-
021.
247-20-000749-RN Page 9 of 10
Copies of the application, all documents and evidence submitted by or on behalf of the applicant
and applicable criteria are available for inspection at no cost. Copies can be purchased for 25 cents
per page.
NOTICE TO MORTGAGEE, LIEN HOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT
IF YOU RECEIVE THIS NOTICE, IT MUST BE PROMPTLY FORWARDED TO THE PURCHASER.
DESCHUTES COUNTY PLANNING DIVISION
U
Written by: Tarik Rawlings, Associate Planner
Reviewed by: Peter Gutowsky, Planning Manager
Attachment: Area Map
247-20-000749-RN Page 10 of 10
247-20-000749-RN
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MEMORANDUM
TO: Board of County Commissioners
FROM: Tarik Rawlings, Associate Planner
DATE: June 8, 2021
SUBJECT: June 16th Work Session for the Road Name Assignment of Mock Road
(CDD File No. 247-20-000749-RN)
Background
The abutting property owner at 19175 Tumalo Reservoir Road initiated this road naming request as
the result of a condition of approval included in county file no. 247-20-000420-MP, 421-CU, 422-CU
requiring that the subject road be named prior to final approval. This unnamed road was created
and publically dedicated as part of a County Road Dedication approval (file no. 247-20-000434-RD).
This improved gravel road is +/- 1,430 feet in length, extends south from Tumalo Reservoir Road,
and terminates near the southeast corner of Tax Lot 100 and the northwest corner of Tax Lot 407.
There are five (5) total properties with frontage along this unnamed road, and currently four (4) of
the five (5) properties take access from this road.
Staff Decision
The Community Development Department (CDD) reviewed the requested road name assignment
under file no. 247-20-000749-RN. In consultation with the Deschutes County Property Address
Coordinator, staff reviewed the four (4) proposed names initially submitted and found that the
proposed names would not comply with the relevant county code provisions. In response, the
applicant submitted an additional five (5) proposed road names and staff selected Mock Road. Staff
found the name Mock Road complied with DCC 16.16.030(E)(1) and (2).
Under DCC 16.16.030(B) public comments on the proposed road name are limited to those parties
owning property abutting the affected road or having an address on the affected road. Staff mailed
notice of the application to these parties on November 16, 2020 and a notice of the staff decision
was mailed on June 7, 2021. No written comments were received by the Planning Division.
The staff decision will become final, absent an appeal, at the end of the 10-day appeal period on
June 17, 2021 at 5pm.
117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
1� (541) 388-6575 cdd@deschutes.org @ www.deschutes.org/cd
Next Steps
DCC 16.16.030(I) requires the Board to sign an order approving the name within 10 days of the staff
decision becoming final. Assuming the Board supports approving the proposed road name, the
Board must sign the corresponding order, Board Order 2021-021, no later than June 27, 2021.
Approving this order at the meeting scheduled on June 23, 2021 will ensure this timeline is met.
If staff receives any submittals prior to the June 23, 2021 meeting, staff will bring the materials to
the Board's attention and enter them into the record.
Attachments:
2021-6-7 749-RN Findings and Decision
2021-6-8 DRAFT Board Order 2021-021
2021-6-8 Road Location Map
Page 2 of 2
REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Assigning the Name of Mock Road to a
Public Road Right -of -Way Located
Approximately 1,430 Feet South of Tumalo
Reservoir Road.
* ORDER NO. 2021-021
WHEREAS, Suzanne Gill King applied to assign a road name pursuant to Deschutes County's Code, Title
16, Addresses and Road Names, to assign the name of Mock Road to a 60-foot-wide public road right-of-way
located in Township 17 South, Range 11 East, Section 02, W.M.; and
WHEREAS, all public notices required to be given under 16.16.030(B) regarding the proposed name have
been given; and
WHEREAS, the appeal period for appealing the Community Development Department's approval
expired; and
WHEREAS, DCC 16.16.030(I) requires the road names be assigned by order of the Board of County
Commissioners; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. That the name of Mock Road be assigned to a 60-foot-wide public road right-of-way to
provide access to the properties at Township 17 South, Range 11 East, Section 02, W.M as set forth in Exhibit
"A", attached hereto and incorporated herein.
Dated this of , 20_ BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
ANTHONY DEBONE, CHAIR
PHIL CHANG, VICE CHAIR
PATTI ADAIR, COMMISSIONER
PAGE 1 OF 1- ORDER No. 2021-021
Exhibit A
Mock Road
Board Order 2021-021
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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 June 16, 2021
DATE:
FROM: Ed Keith, Natural Resources - Forestry, 541-322-7117
TITLE OF AGENDA ITEM:
PRESENTATION: Taylor Grazing Project
BACKGROUND AND POLICY IMPLICATIONS:
In the fall of 2020, Deschutes County awarded $15,000 of Taylor Grazing funds to the East
Cascades Audobon Society for a research experiment related to manipulation of rangeland
vegetation to create conditions favorable for sage grouse habitat. The Board of
Commissioners requested a future update on the progress of the project when the project was
awarded. Dr. Stu Garrett will provide a presentation on the status of this multi -year project
being conducted near Brothers.
ATTENDANCE: County Forester Ed Keith and Dr. Stu Garrett
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o Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Wednesday Meeting of June 16, 2021
DATE: June 10, 2021
FROM: Kyle Collins, Community Development, 541-383-4427
TITLE OF AGENDA ITEM:
PUBLIC HEARING: the Applicant (Empire Westgate LLC) Proposes Amendments that
Would Alter the Slope Setback Requirements for the Westside Transect Zone
The Board of County Commissioners (Board) will conduct a public hearing on June 16, 2021 to
consider text amendments to Deschutes County Code Chapter 19.22, Westside Transect Zone
(WTZ), and Chapter 19.04, Title, Compliance, Applicability & Definitions (File No. 247-21-000020-
TA). The Applicant, Empire Westgate LLC, proposes amendments that would alter the slope
setback requirements identified in Deschutes County Code (DCC) 19.22.050(H) and the associated
definitions in Title 19. The Board held a work session on the topic on June 7, 2021.
MEMORANDUM
TO: Deschutes County Board of County Commissioners
FROM: Kyle Collins, Associate Planner
DATE: June 10, 2021
SUBJECT: Public Hearing: Westside Transect Zone (WTZ) Text Amendments (File No. 247-21-
000020-TA)
Staff will present proposed text amendments at a Board of County Commissioners (Board) public
hearing on June 16, 2021. The amendments concern an Applicant initiated proposal to alter the slope
setback requirements identified in Deschutes County Code (DCC) 19.22.050(H) for the Westside
Transect Zone (WTZ) and the applicable definitions in DCC 19.04.040.
Staff submitted a 35-day Post -Acknowledgement Plan Amendment (PAPA) notice to the Department
of Land Conservation and Development (DLCD) on March 4, 2021. The Deschutes County Planning
Commission (Commission) reviewed the proposed legislative amendments at a public hearing on
April 22, 2021.' The Commission provided recommendations to the Board concerning the proposed
amendments at a deliberation session on May 13, 2021.2 Those recommendations are summarized
below as part of this memo. The Board held a work session on the topic on June 7, 2021.3 The
Proposed Amendments and Draft Legislative Findings are included as Attachments 3, 4, and 5.
BACKGROUND
The WTZ was originally proposed to provide for a transition area between urban areas within the
City of Bend (to the east) and Shevlin Park, Tumalo Creek, and forest zoned lands (to the west). In
total, the WTZ contains approximately 685 acres of land. The lands containing the WTZ were
originally composed of several properties which have been grouped and labeled into a respective
"North Property" and "South Property" for additional clarity. Figure 1 below displays the North
Property, Figure 2 displays the South Property, and Figure 3 illustrates the full extent of the WTZ in
relation to surrounding features and the City of Bend's Urban Growth Boundary (UGB).
1 http://deschutescountyor.icim2.com/Citizens/Detail Meeting.aspx?ID=2750
2 http://deschutescountyor.igm2.com/Citizens/Detail Meeting.aspx?ID=2770
3 http://deschutescountyor.igm2.com/Citizens/Detail Meeting.aspx?ID=2777
Figure 1: WTZ "North Property"
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Page 2 of 15
Figure 2: WTZ "South Fropert
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Page 3 of 15
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The original application to establish the WTZ was submitted on August 1, 2018 (file nos. 247-18-
000612-ZC, 247-18-000613-PA and 247-18-000614-TA). At the recommendation of a Deschutes
County Hearings Officer, the Board approved the Applicant's request for text amendments to the
Comprehensive Plan (Chapter 23) and the Bend Urban Growth Boundary Zoning Ordinance
(Chapter 19), to add a new zone ("Westside Transect Zone") and a zoning map amendment to
change the zoning on the Subject Property from Surface Mining and Urban Area Reserve ("UAR-10")
to the Westside Transect Zone ("WTZ"). The WTZ was ultimately established pursuant to Ordinance
No. 2019-001.
Page 4 of 15
Based on the included conditions of approval, all future development within the WTZ will include
rural residential subdivisions with dedicated open space and resource management corridors.
Since adoption of the WTZ, the "South Property' identified above has been divided into the 85-lot
Westgate subdivision pursuant to file nos. 247-19-000500-MP and 247-19-000501-TP. Additionally, a
portion of the "North Property' identified above has been divided into the 60-lot Skyline Ranch
subdivision pursuant to file nos. 247-20-000004-TP and 247-20-000005-MP4.
Two primary points of contention brought up during the initial zone adoption process were related
to the Oregon State Scenic Waterway Provisions and wildfire protection standards for any future
development. Specifically, the Oregon Parks and Recreation Department ("OPRD") expressed
concern that the WTZ failed to address the scenic and recreational resources of the designated
Deschutes River State Scenic Waterway. OPRD speculated that changing the amount and type of
development could change the character of that stretch of the waterway and the classification
category "recreation river area". However, with some additional code modifications, the Board
generally agreed with the Applicant's proposal and the final approval for the WTZ requires any
future development to comply with the State Scenic Waterway regulations, as applicable.
Additionally, several members of the public expressed concern about development in a wildfire -
prone area. However, the Board agreed with the Applicant and acknowledged that the development
proposal contained ample evidence of the measures to which fire danger for the WTZ had been
studied. Further, with some code modifications, the Board found the requirements under DCC
19.22.060(A-C) ensure fire mitigation measures will be implemented, monitored and maintained
prior to and in perpetuity for any development in the WTZ. The current WTZ code requires the
creation and adoption of a Wildfire Mitigation Plan during any land division process. All Wildfire
Mitigation Plans must be prepared by a professional forester and must identify and include
enforceable measures to prevent the ignition and spread of wildfire. These Mitigation Plans are also
required to contain provisions for deed restrictions and/or restrictive covenants, enforced by a
homeowners association (HOAs) to ensure mitigation measures are followed in the future. Funding
to ensure continued management is to be provided by present and future HOAs. At this time, two
Wildfire Mitigation Plans have been accepted and approved in the WTZ. The first plan is associated
with the Westgate subdivision in the southern half of the WTZ, and the second is associated with
the Skyline Ranch subdivision in the northern half of the WTZ. Review and acknowledgement of the
Westgate Wildfire Mitigation Plan was undertaken through file nos. 247-19-000500-MP and 247-19-
000501-TP and review and acknowledgement of the Skyline Ranch Wildfire Mitigation Plan was
undertaken through file nos. 247-20-000004-TP and 247-20-000005-MP.
In addition to the standards imposed by the relevant Wildfire Mitigation Plans, staff notes that at
least one further wildfire mitigation component was included in the finally adopted version of the
WTZ. Specifically, the Lot Requirements of DCC 19.22.050 include a provision requiring slope
setbacks from certain areas onsite. That provision states the following:
"H. Slope Setback. There shall be a minimum setback of 30 feet from the edge of any
slope which exceeds 20%"
4 Copies of the tentative and final plat maps for the subdivisions have been included for reference.
Page 5 of 15
Slope setbacks are broadly acknowledged by fire protection officials as an effective way of reducing
certain wildfire risks, as fires frequently affect areas of steep topography which can channel flames
towards development at higher elevation points.
I1. PROPOSAL
The primary purpose of the proposed amendments is to clarify the slope setback provisions of DCC
19.22.050(H) referenced above. Based on the discussion by the Hearings Officer captured in the final
decision for file nos. 247-19-000500-MP and 247-19-000501-TP1, staff summarizes the two primary
issues related to slope setbacks in the WTZ:
1) The Applicant contends that all required slope setbacks were only intended to be
implemented for those properties adjacent to the Tumalo Creek Corridor/Canyon. The
Applicant believes this interpretation is made clear through the submittal of various wildfire
mitigation reports and expert testimony during the original establishment of the WTZ, and the
subsequent establishment of subdivisions such as Westgate.
2) The Hearings Officer points out that no explicit legislative history can be gathered which
supports the Applicant's interpretation of the slope setback standards pertaining only to those
properties adjacent to the Tumalo Creek Corridor/Canyon. Without amendments, all
development occurring in the WTZ will be required to observe the 30-foot setback from any
slope exceeding 20%.
Without major grading changes, the implications of the code language as presently written are likely
to impact or reduce development on certain lots adjacent to sloped topography, regardless of their
proximity to the Tumalo Creek Corridor/Canyon. To remedy this situation, the Applicant has
proposed amendments to DCC 19.22.050(H) and DCC 19.04.040, to establish what they believe is the
original intent of the slope setback language.
The proposed amendments are shown below in ay- a for language to be deleted, and underline
for language to be added:
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
5 A copy of this final decision is provided as an attachment to this memo. Reference pages 14-20 for the discussion concerning
slope setbacks in the WTZ.
Page 6 of 15
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.
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 20
Based on the evidence submitted during the WTZ adoption process and the supplementary evidence
presented during the Westgate subdivision review, staff believes that the Applicant's contention that
the slope setbacks were intended to apply only to those lots adjacent to Tumalo Creek
Corridor/Canyon is at least plausible. Ultimately, staff finds that this interpretation is plausible for
two reasons:
1) The slope setback standards were originally intended as part of a suite of wildfire mitigation
measures for all development in the WTZ. However, staff notes that the primary wildfire
mitigation measures are those ultimately outlined in each individual subdivision's Wildfire
Mitigation Plan, which must be acknowledged, reviewed, and approved prior to the
development of any land divisions in the WTZ. As presently written, it is unclear if the slope
setback standards would create significantly greater wildfire mitigation conditions than those
items specifically outlined in individual Wildfire Mitigation Plans.
Page 7 of 15
2) The Applicant's testimony from wildfire protection experts illustrates that the primary
wildfire risk to properties in this area is likely to arise from Tumalo Creek Canyon. For
example, the Singletree Wildfire Mitigation and Forest Health Plan (attached as Exhibit C to
County file 247-18-000614-TA, which established the WTZ) provides the following analysis:
"Drainages with significant canyons such as Tumalo Creek typically can vector wind
patterns away from prevailing free -air wind flow... accelerated rates of fire spread from
canyon -bottom ignitions should be expected. Consequently, structures should be located
well away from the mouth at the top side drainages and well setback from rim -rock edge
and/or steep slopes above drainages and canyon walls."
It must be stated that while the fire risk associated with this area is most likely to arise along
the western boundary associated with the Tumalo Creek Canyon, there will be some
irreducible risk from wildfire impacts across the entire WTZ given the climate, vegetation
patterns, and history of fire for the region.
Additionally, staff notes that it is unlikely the Applicants intended the broader interpretation of the
slope setback requirements as presently written, given the development challenges for certain lots
created by that standard. Staff also points out that development within the Westgate subdivision is
already buffered from sensitive natural areas and public resources to the west such as Shevlin Park
and Tumalo Creek by platted open space tracts separating residential development from the Park
and its associated wildlife corridors. Based on the originally adopted code language and the WTZ
Comprehensive Plan amendments, any future subdivisions in the WTZ will be required to adopt
similar buffering methods between residential development and sensitive natural resources.
However, staff also points out that the proposed text amendments, specifically the inclusion of a new
"rimrock" setback standard, may have unknown consequences for development outside the existing
Westgate subdivision. Unlike the Westgate subdivision (represented by the Applicant), other portions
of the WTZ do not have detailed mapping of "rimrock" features and it is unknown where those
features might be located outside of the Westgate development. To provide context, portions of the
Skyline Ranch subdivision referenced previously may contains areas which are indeed adjacent to
notable topography in the Tumalo Creek Canyon, but do not formally meet the definition of "rimrock"
proposed by the Applicants. Staff points out that in practice, should the proposed text amendments
be adopted, the developers for all land within the WTZ would be required to provide detailed
topographic work to determine exactly where "rimrock" features are located onsite. The Board will
need to determine if the level of detail for this amendment proposal is currently adequate, and if the
proposed "rimrock" setback alterations will continue to provide meaningful wildfire mitigation for all
properties in the WTZ.
Finally, the Applicant has submitted findings summarizing the amendments and stating that the text
amendments are in compliance with the Statewide Planning Goals and applicable policies of the
Deschutes County Comprehensive Plan.
Page 8 of 15
III. TRANSPORTATION ANALYSIS
Senior Transportation Planner Peter Russell reviewed the application and findings concerning
Statewide Land Use Planning Goal 12 and the Transportation Planning Rule, and provided the
following comments:
"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."
IV. PUBLIC AND AGENCY COMMENTS
As of the submission date of this memorandum (June 10, 2021), no written comments have been
received from the public. The Applicant did provide a number of comments from property owners in
the WTZ as attachments to the original application materials. All provided comments expressed
support for the proposed amendments.
Scott Edelman, the Central Oregon Representative for the Department of Land Conservation and
Development (DLCD) provided several questions to staff regarding the proposed amendments and
the impact to development in the WTZ6. Ultimately, Mr. Edelman provided testimony during the April
22, 2021 Planning Commission public hearing stating that DLCD had no further concerns regarding
the amendments after conversations with staff and the presentations made during the public
hearing.
During the Planning Commission public hearing, one citizen (Nunzie Gould) provided testimony
expressing dissatisfaction regarding modification of the existing slope setback standards in the WTZ,
particularly with regards to possible environmental and wildfire impacts. It is unclear to staff what
the individual's specific concerns for environmental and wildfire impacts were as they relate to the
proposed text amendments. However, staff provides the following statements for context:
No portion of the proposed amendments will allow additional development beyond what is
currently permitted in code within the Westgate subdivision, the Skyline Ranch subdivision, or
any other portions of the WTZ.
Based on the submitted Wildlife Management Plans for both the Westgate and Skyline Ranch
subdivisions, as well as discussion during the WTZ adoption process, the primary wildlife
habitat and environmental resources in the WTZ are associated with Tumalo Creek and the
corresponding canyon. The Tumalo Creek canyon is buffered in both subdivisions through
multiple legal actions, including:
o Platted open -space tracts separating the canyon from residential development parcels.
6 A copy of that correspondence is attached for reference.
Page 9 of 15
o Covenants and deed restrictions for parcels adjacent to the open -space parcels which
further prohibit development in certain areas of those lots.
o A condition of approval in both subdivision master plan and tentative plan approvals
that the provisions of the individual Wildlife Management Plans be evaluated and
reviewed on an annual basis to ensure compliance is maintained. This includes an
additional provision that each subdivision must establish an HOA or similar
organization, which will levy fees from property owners to maintain both the Wildlife
Management and Wildfire Management Plans for each development.
Staff believes the proposed text amendments will have no effect on the wildlife management
conditions and objectives listed above.
Regarding increased wildfire risk, staff references the comments and discussion from the Applicant's
forestry consultant during the Planning Commission public hearing, as well as follow-up comments
from Ed Keith, the Deschutes County Forester. Both of these parties have provided testimony stating
that along with increased defensible space standards for properties currently affected by the existing
slope setback standards in the Westgate subdivision, no increased wildfire risk is expected from the
proposed text amendments in those areas. However, as stated previous, neither staff nor the
Applicant are able to provide a more detailed slope analysis for other properties within the WTZ, such
as the Skyline Ranch subdivision. The property owners within those areas of the WTZ have not yet
performed detailed topographic analysis for existing and proposed lots. As such, there is some
uncertainty regarding the effect of the proposed amendments on other properties in the WTZ outside
of the Westgate subdivision.
However, all property owners in the WTZ, including the representatives for the Skyline Ranch
subdivision, were provided legal notice of the April 22 public hearing and the upcoming June 16 public
hearing before the Board. Additional correspondence from County Staff to the representatives for
the Skyline Ranch subdivision was also provided to gather any impressions or input regarding slope
setbacks in the WTZ. No comments have been received regarding the proposed text amendments
from representatives of Skyline Ranch or other property owners in the WTZ at this time.
V. PLANNING COMMISSION DISCUSSION AND RECOMMENDATIONS
Following deliberations on May 13, 2021, the Commission voted to recommend approval of the
proposed amendments (4 Commissioners in favor, 2 Commissioners abstaining). However, staff
notes that the Commissioners raised numerous issues which they believed should be seriously
considered by the Board. The Commission highlighted the following items in particular:
- Concerns over remaining wildfire impacts along the eastern boundary of the WTZ, where a
majority of the known properties currently affected by the slope setback standards are
located.
- The lack of available slope and wildfire impact information for properties in the WTZ, but
outside of the Westgate subdivision.
Page 10 of 15
- The viability of other solutions to slope setback affected properties, such as significant grading
and earthen fill to alter existing grades.
- A possible lack of housing opportunities within the WTZ given the large demands for future
development.
- Concerns about the lack of a unified measurement methodology for evaluating slopes.
Some Commissioners continued to have reservations about possible wildfire impacts to properties
which could have slope setbacks altered or removed by the proposed amendments. The
Commissioners reservations were particularly acute when discussing properties that have yet to
perform detailed surveying work. Without detailed surveying work, the slope measurements for a
number of properties in the WTZ are unknown at present.
The issues above were outlined further as Commissioners expressed concern that wildfires could
potentially originate along the eastern boundary of the Westgate subdivision, and possibly other
areas of the WTZ. The Commissioners raised these concerns despite testimony from forestry
professionals hired by the Applicants stating that the primary wildfire risk in the immediate area
arises from the western WTZ boundaries along the Tumalo Creek Canyon due to the following
characteristics:
- Prevailing wind patterns in the area which primarily flow from west to east.
- Increasingly steep topography associated with the canyon itself as well as the presence of
heavily forested properties to the west of Tumalo Creek.
- The presence of physical development associated with the City of Bend along the eastern WTZ
boundary, including denser residential development, roadways, and firefighting infrastructure
such as fire hydrants, etc.
Staff notes that the Commissioners concerns are not unwarranted, as wind patterns do not perfectly
predict individual weather events and wildfires can affect and emanate from more urbanized areas.
However, staff points out that the Applicants have not made any attempt to state that wildfires can
never propagate along the eastern WTZ boundary, but simply that given the available evidence, the
highest risk from wildfires is likely to occur on forested lands to the west and the Tumalo Creek
Canyon.
To alleviate some of the Commissioner's concerns, the developers of Westgate (the Applicants) have
proposed additional defensible space standards for those properties which are affected by the
existing slope standards. Staff notes that the proposed additional defensible space standards are
actually included as conditions associated with both the Westgate and Skyline Ranch subdivisions,
based on findings located in the respective Wildfire Mitigation Plans. The proposed defensible
standards and the original language from the Wildfire Mitigation Plans is as follows (emphasis added):
Page 11 of 15
Zone 2: 30 to 100 Feet from Structures Plants are low -growing and well irrigated. Tree canopies
are spaced at 15-20 feet, or 30 feet between small groups of small trees. Zone 2 treatments will
extend to the lot boundary (beyond the 100-foot zone) when the lot is adjacent to down-
hill slopes greater than 20%. Small individual brush species will be irrigated, maintained free of
dead material and outside the dripline of trees.
Staff notes that only the Westgate subdivision has prepared detailed design specifications for new
development in the WTZ, which are based on the recommendations found in each Wildfire
Mitigation Plan'. However, staff notes that the supplementary defensible space requirement
identified above is not formally listed in the Westgate design guidelines at the present time.
Ultimately, the conditions of approval from the master plan and tentative plan decision is what
controls development standards in the Westgate subdivision, however, this omission from the
design guidelines has been pointed out to the Applicants and it is staffs understand that the
Applicants are working to correct that oversight.
Additionally, there is a portion of the WTZ which has yet to receive master plan and tentative plan
approval, and thus no formal Wildfire Mitigation Plan has been prepared for those future
subdivision parcels. While staff cannot say with certainty that future Wildfire Mitigation Plans will
include a similar set of supplementary defensible space standards for 20% slope lots, staff does
stress that the previous two master plan approvals have set a precedent for the types of
requirements expected in future Wildfire Mitigation Plans. Should a property owner wish to avoid
that supplementary defensible space standard for future subdivisions, it would be incumbent on
that developer to provide sufficient evidence for why the standard is not necessary in that specific
instance.
Finally, during the initial public hearing, staff noted at least one possible challenge related to slopes
as generally defined. Specifically, staff made the following points in the April 15, 2021 memorandum
to the Commission:
"Staff notes that as written, the code language for the WTZ establishes a very broad
implementation standard for slope setbacks as numerous slopes within the zoning district may
exceed the 20% threshold. Additionally, the current code does not provide clarity concerning how
slopes within the zone should be measured and evaluated when determining the need for
setbacks. For example, it is unclear what linear distance should be used in determining whether
a specific slope exceeds the 20% standard outlined in the code. As presently applied, multiple lots
within the Westgate subdivision and the broader WTZ are effectively rendered undevelopable
without significant variance proceedings or physical grading of individual sites due to the slope
setback requirements and ambiguity in how the standards were originally intended to be
applied."
In addition to the previous concerns referenced above, citizen Nunzie Gould provided comments
which addressed the challenges of slope measurement methodology. Specifically, Nunzie Gould
A copy of the Westgate design guidelines are attached for reference.
Page 12 of 15
stated that the Commission and/or Board should consider adopting a similar framework for
measuring slopes as that currently utilized by the Deschutes County Building Safety Division.
Staff points out the following items to address these public comments:
- The current text amendments have been proposed by the Applicant, Empire Westgate LLC.
County staff has no authority to mandate specific methodology additions to the proposed
amendments that may run counter to the intent of the proposal.
- Title 19 of the Deschutes County Code (DCC), which includes the WTZ, currently has no specific
criteria or methodology for evaluating slopes on properties. Additionally, DCC Title 15, which
addresses buildings and construction standards, also has no specific criteria or methodology
for evaluating slopes on properties. The Deschutes County Building Safety Division relies on
specific language in the Oregon Residential Specialty Code (ORSC R403.1.5, R403.1.9.1, and
R403.1.9.2) to determine building foundation clearances from slopes. Unfortunately, even this
specific ORSC does not appear to provide a clear methodology for when and how to apply
slope measurements, and what linear distances are appropriate for determining an adequate
evaluation$.
While no portion of the Deschutes County Code expressly outlines a measurement
methodology for determining slopes, in practice, slope measurements are generally
undertaken by professional licensed surveyors. Barring specific complications or concerns,
County staff typically accept results provided by professional licensed surveyors during the
development review process.
VI. AMENDMENT IMPLICATIONS
Staff notes that should the proposed amendments be adopted, it will have implications for existing
subdivisions in the WTZ that have received master plan and tentative plan approval. As noted
previously, only two subdivisions have received master plan and tentative plan approval in the WTZ:
the Westgate and Skyline Ranch subdivisions. Each of the master plan approvals for these
subdivisions includes specific findings and conditions of approval for the current slope setback
requirements utilizing the 20% slope standard. If the text amendments are adopted as proposed,
and property owners within these two approved subdivisions wish to utilize the modified slope
setback standards, they will be required to modify the master plan and tentative plan conditions of
approval through a formal land use process with the Deschutes County Planning Division.
The criteria governing modifications of approval are outlined in Deschutes County Code (DCC)
Chapter 22.36.
Finally, staff points out that there is at least one possible option for properties owners in the WTZ to
reduce the impacts of the current slope setback standards. As Deschutes County does not have an
adopted grading ordinance, property owners have the ability to grade or place fill in lots with 20%
6 This ORSC language and associated figures have been attached to this memorandum for reference
Page 13 of 15
or greater slopes to remove topographic relief and consequently any slope setback requirements.
However, the Applicants claim that this solution is undesirable for a number of reasons, including
impacts to natural and scenic resources on the properties themselves, additional costs borne by
property owners, and possible erosion issues for surrounding parcels.
VII. NEXT STEPS
- Continue the hearing to a date certain;
- Close the oral record and leave the written record open to a date certain;
- Close the oral record and the written record and set a date for deliberations; or
- Close the hearing and begin deliberations.
Attachments:
1) 2021-06-10 Draft Ordinance No. 2021-009 - Non -Emergency
2) 2021-06-10 Draft Ordinance No. 2021-009 - Emergency
3) 2021-06-10 Ordinance 2021-009 Exhibit A, DCC 19.22 Amendments
4) 2021-06-10 Ordinance 2021-009 Exhibit B, DCC 19.04 Amendments
5) 2021-06-10 Ordinance 2021-009 Exhibit C, Findings
6) 2021-06-02 Draft Legislative Findings
7) 2021-06-02 BOCC Discussion - WTZ Amendments Memo
8) 2021-05-21 Bulletin Publishing Receipt
9) 2021-05-21 020-TA Notice of Public Hearing (BOCC)
10) 2021-05-06 Planning Commission Deliberations Staff Memo
11) 2021-05-06 Draft Text Amendments
12) 2021-05-05 Oregon Residential Specialty Code (ORSC) R403.1.9.1 and ORSC R403.1.9.2
13) 2021-05-05 Oregon Residential Specialty Code (ORSC) R403.1.5
14) 2021-05-03 E Keith (County Forester) Comments
15) 2021-04-29 M Conway Comments and COLW Letter
16) 2021-04-23 M Conway and C Letz Comments and Public Hearing Materials
17) 2021-04-21 S Edelman Comments (DLCD)
18) 2021-04-15 Planning Commission Public Hearing Staff Memo
19) 2021-04-15 P Russell (Senior Transportation Planner) Comments
20) 2021-04-09 K Collins (Staff Planner) Comments and Topographic Maps
21) 2021-04-07 M Conway Comments- Topographic Slope Maps
22) 2021-04-03 M Conway Comments- Revised Text Amendments
23) 2021-04-02 S Edelman Comments (DLCD)
24)2021-04-02 Bulletin Publishing Receipt
25) 2021-04-01 Planning Commission Discussion - WTZ Amendments Memo
26) 2021-03-30 020-TA Notice of Public Hearing (Planning Commission)
27) 2021-03-04 Confirmation of PAPA Online Submittal to DLCD
28) 2021-01-11 Proposed Text Amendments
Page 14 of 15
29) 2021-01-11 Application Materials and Draft Findings
30) 2020-09-15 Westgate Subdivision Final Plat Maps
31)2020-01-03 Skyline Ranch Subdivision Tentative Plat Maps
32) 2019-10-01 Westgate Subdivision Architectural Design Guidelines
33) 2019-08-28 247-19-000500-MP, 501-TP Hearings Officer Decision
34) 2019-01-16 Ordinance No. 2019-001
35) 2017-12-19 Singletree Wildfire Mitigation and Forest Health Plan
Page 15 of 15
vT E S CpGZ
o Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Wednesday Meeting of June 16, 2021
DATE• June 9, 2021
FROM: Peter Russell, Community Development, 541-383-6718
TITLE OF AGENDA ITEM:
Consideration of First Reading of Ordinance 2021-008 to Fix a Scrivener's Error in
Ordinance 2020-002
RECOMMENDATION & ACTION REQUESTED:
Approve
BACKGROUND AND POLICY IMPLICATIONS:
The Board in a public hearing for Files 247-19-000648-PAI649-ZC approved an exchange of
156 acres into the City of Redmond Urban Growth Boundary (UGB) and a similar amount of
land placed outside the Redmond UGB and adjusted the UGB accordingly. The old Redmond
Rod and Gun Club site was the 156 acres taken from within the UGB and placed outside. The
Comprehensive Plan and zoning map designation were also changed. The implementing
ordinance was Ordinance 2020-002, which took effect on February 26, 2020. Staff later
discovered the ordinance inadvertently omitted the Comprehensive Plan designation of
Redmond Urban Growth Area and the zoning designation of Redmond Urban Area Reserve
Combing Zone from the former Redmond Rod and Gun Club site. At a May 26, 2021, public
hearing the Board approved adding those two designations to the former Redmond Rod and
Gun Club site to correct the scrivener's error. Ordinance 2021-008 is the instrument to make
that correction..
FISCAL IMPLICATIONS: None
ATTENDANCE: Peter Russell, Senior Transportation Planner, CDD
DATE: June 9, 2021
TO: Board of County Commissioners
FROM: Peter Russell, Senior Transportation Planner
RE: June 16 Consideration of First Reading of Ordinance 2021-008 to correct a scrivener's
error in Ordinance 2020-002; the correction will add Redmond Urban Growth Area
and Redmond Urban Reserve Area Combining Zone to the 156-acre site of the Old
Redmond Rod and Gun Club.
1. BACKGROUND
Deschutes County in Files 247-19-00648-PA/649-ZC approved a reconfiguration of the Redmond
Urban Growth Boundary (UGB) by adding approximately 156 acres into the UGB while removing a
similar amount of land from the UGB. The County also approved a zone change for each of the
reconfigured and exchanged lands. The land added to the UGB was rezoned from Exclusive Farm
Use - Alfalfa subzone (EFUAL) to Urban Holding (UH-10). Once the lands were annexed by the City
of Redmond, the zone was changed to the City's Light Industrial (M-1) and Heavy Industrial (M-2).
The land being removed from the UGB was redesignated Agricultural and the zone changed from a
combination of M-1 and M-2 to EFU. The Board implemented the decision via Ordinance 2020-002.
Since the adoption of Ordinance 2020-002 on February 26, 2020, it came to staffs attention that the
ordinance accidentally omitted a Redmond Urban Reserve Area (RUGA) Comprehensive Plan
designation and Redmond Urban Reserve Area Combining Zone. The subject property, owned by
Deschutes County, is the site of the Old Redmond Rod and Gun Club, 1002 NE 17th St., aka 15-13-
00, Tax Lot 103). At a public hearing on May 26, 2021, the Board decided to approve the RUGA
Comprehensive Plan designation and Redmond Urban Reserve Area Combining Zone to correct the
scrivener's error.
Attachments:
1. Ordinance 2021-008
2. Exhibit A, Amendment to DCC 23.10.01, Introduction
3. Exhibit B, Legal description for 156-acre parcel for old Rod and Gun Club
4. Exhibit C, Old Redmond Rod and Gun Club Comprehensive Plan Map Amendment
5. Exhibit D, Old Redmond Rod and Gun Club Urban Reserve Area Combining Zone
117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
1 (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd
6. Exhibit E, Comprehensive Plan Text Amendment -Section 5.12 Legislative History
Page 2 of 2
REVJ,EWED
LEGA COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 23, the Deschutes County Comprehensive Plan,
and Comprehensive Plan Designation for Certain
Property and Title 18, Deschutes County Zoning * ORDINANCE NO. 2021-008
Map, for Certain Properties to Correct A Scrivener's
Error.
WHEREAS, the Board held a public hearing on February 5, 2020, on Files 247-19-000648-PA/247-19-
000649-ZC to configure the Redmond Urban Growth Boundary and authorize the exchange of approximately
156 acres out of the UGB and an equivalent amount of land into the UGB; and
WHEREAS, the Board approved the land exchange by Ordinance 2020-002, which took effect on
February 26, 2020, but the ordinance inadvertently omitted the Redmond Urban Growth Area Comprehensive
Plan Designation and Redmond Urban Reserve Area Combing Zone for the Old Redmond Rod and Club; and
WHEREAS, after notice was given in accordance with applicable law, the Board held a public hearing
on May 26, 2021, to correct the scrivener's error of the described Comprehensive Plan Map and Zoning Map
designations for Old Redmond Rod and Gun Club, the Board now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Title 23.01.010, Introduction, is amended to read as described in
Exhibit A, attached hereto and by this reference incorporated herein, with new language underlined and deleted
language set forth in str-il:
Section 2. AMENDMENT. DCC Title 23, Deschutes County Comprehensive Plan Map, is amended to
change the plan designation for certain property described in Exhibit B from Agriculture to Redmond Urban
Growth Boundary and depicted on the map set forth as Exhibit C with both exhibits attached and incorporated
by reference herein, from Agriculture to Redmond Urban Growth Area and included in the expanded Redmond
UGB..
Section 3. AMENDMENT. Deschutes County Comprehensive Plan Chapter 4, Urban Growth
Management, is amended to read as described in Exhibit D attached and incorporated by reference herein, with
new language underlined and deleted language set forth in stri�� .
PAGE 1 OF 3 - ORDINANCE NO.2021-008
Section 4. AMENDMENT. Deschutes County Comprehensive Plan Section 5.12, Legislative History,
is amended to read as described in Exhibit E attached and incorporated by reference herein, with new language
underlined and deleted language set forth in stfilethr-ough.
Section 5. FINDINGS. The Board adopts as its findings in support of this Ordinance, the Decision of
the Hearings Officer as set forth in Exhibit F and incorporated by reference herein.
Section 6. EMERGENCY. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect upon its
passage.
Dated this of , 2021 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Se etary
ANTHONY DeBONE, Chair
PHIL CHANG, Vice Chair
PATTI ADAIR, Commissioner
Date of I" Reading: day of , 2021.
Date of 2°d Reading: day of , 2021.
PAGE 2 OF 3 - ORDINANCE NO.2021-008
Commissioner
Anthony DeBone
Phil Chang
Patti Adair
Effective date:
Record of Adoption Vote:
Yes No Abstained Excused
day of , 2021.
PAGE 3 OF 3 - ORDINANCE NO.2021-008
Chapter 23.01 COMPREHENSIVE PLAN
Chapter 23.01 COMPREHENSIVE PLAN
23.01.010. Introduction.
A. The Deschutes County Comprehensive Plan, adopted by the Board in Ordinance 2011-003
and found on the Deschutes County Community Development Department website, is incorporated
by reference herein.
B. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2011-027, are incorporated by reference herein.
C. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-005, are incorporated by reference herein.
D. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-012, are incorporated by reference herein.
E. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-016, are incorporated by reference herein.
F. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-002, are incorporated by reference herein.
G. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-009, are incorporated by reference herein.
H. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-012, are incorporated by reference herein.
1. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-007, are incorporated by reference herein.
J. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-005, are incorporated by reference herein.
K. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-006, are incorporated by reference herein.
L. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-012, are incorporated by reference herein.
M. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-021, are incorporated by reference herein.
N. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-027, are incorporated by reference herein.
O. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-021, are incorporated by reference herein.
P. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-029, are incorporated by reference herein.
Q. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-018, are incorporated by reference herein.
R. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-010, are incorporated by reference herein.
S. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-001, are incorporated by reference herein.
T. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-022, are incorporated by reference herein.
U. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-005, are incorporated by reference herein.
Exhibit A, Ord. 2021-005 Chapter 23.01 5/26/21
V. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-027, are incorporated by reference herein.
W. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-029, are incorporated by reference herein.
X. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2017-007, are incorporated by reference herein.
Y. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-002, are incorporated by reference herein.
Z. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-006, are incorporated by reference herein.
AA. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-011, are incorporated by reference herein.
BB. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-005, are incorporated by reference herein.
CC. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-008, are incorporated by reference herein.
DD. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-002, are incorporated by reference herein.
EE. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-001, are incorporated by reference herein.
FF. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-003, are incorporated by reference herein.
GG. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-004, are incorporated by reference herein.
HH. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-011, are incorporated by reference herein.
II. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-006, are incorporated by reference herein.
JJ. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-016, are incorporated by reference herein.
KK. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-019, are incorporated by reference herein.
LL. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-001, are incorporated by reference herein.
MM. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-002, are incorporated by reference herein.
NN. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-003, are incorporated by reference herein.
00. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-008, are incorporated by reference herein.
PP. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-007, are incorporated by reference herein.
QQ. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-006, are incorporated by reference herein.
RR. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-009, are incorporated by reference herein.
SS. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-013, are incorporated by reference herein.
Exhibit A, Ord. 2021-005 Chapter 23.01 5/26/21
TT. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-02, are incorporated by reference herein.
UU. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2021-005, are incorporated by reference herein.
W The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2021-008, are incorporated by reference herein.
(Ord. 2021-008 §1; Ord. 2021-005 §1, 2021; Ord. 2021-002§ 3, 2020; Ord. 2020-013 § 1, 2020; Ord.
2020-009§1, 2020; Ord. 2020-006§1, 2020; Ord. 2020-007§1, 2020; Ord. 2020-008§1, 2020; Ord.
2020-003 §1, 2020; Ord. 2020-002 §1, 2020; Ord. 2020-001 §26, 2020; Ord. 2019-019 §2, 2019;
Ord. 2019-016 §3, 2019; Ord. 2019-006 § 1, 2019; Ord. 2019-011 § 1, 2019; Ord. 2019-004 §1,
2019; Ord. 2019-003 §1, 2019; Ord. 2019-001 §1, 2019; Ord. 2019-002 §1, 2019; Ord. 2018-008 §1,
2018; Ord. 2018-005 §2, 2018; Ord. 2018-011 §1, 2018; Ord. 2018-006 §1, 2018; Ord. 2018-002 §1,
2018; Ord. 2017-007 §1, 2017; Ord. 2016-029 §1, 2016; Ord. 2016-027 §1, 2016; Ord. 2016-005 §1,
2016; Ord. 2016-022 §1, 2016; Ord. 2016-001 §1, 2016; Ord. 2015-010 §1, 2015; Ord. 2015-018 § 1,
2015; Ord. 2015-029 § 1, 2015; Ord. 2015-021 § 1, 2015; Ord. 2014-027 § 1, 2014; Ord. 2014-021
§1, 2014; Ord. 2014-12 §1, 2014; Ord. 2014-006 §2, 2014; Ord. 2014-005 §2, 2014; Ord. 2013-012
§2, 2013; Ord. 2013-009 §2, 2013; Ord. 2013-007 §1, 2013; Ord. 2013-002 §1, 2013; Ord. 2013-001
§ 1, 2013; Ord. 2012-016 § 1, 2012; Ord. 2012-013 § 1, 2012; Ord. 2012-005 § 1, 2012; Ord. 2011-027
§ 1 through 12, 2011; Ord. 2011-017 repealed; Ord.2011-003 § 3, 2011)
Click here to be directed to the Comprehensive Plan (http://www.deschutes.org/compplan)
Exhibit A, Ord. 2021-005 Chapter 23.01 5/26/21
EXHIBIT B
EXCLUSIVE LEGAL DESCRIPTION
A Parcel of land located in the Southeast one -quarter and Southwest one -quarter of Section 14,
Township 15 North, Range 13 East, Willamette Meridian, Deschutes County, Oregon, more particularly
described as follows:
BEGINNING at the center one -quarter Section 14; thence along the East-West centerline of Section 14
South 89*50'06" East 1311.57 feet to the Center East 1/16" corner of Section 14; thence along the
North -South centerline of the Southeast one -quarter of. Section 14 South 0°16'25" East 1596.84 feet to a
point; thence leaving the North -South centerline of the Southeast one -quarter South 60°31'00" West
2123.78 feet to a point on the South line of Southwest one -quarter of Section 14; thence along said
South line North 89°58'07 West 1077.47 feet to a point; thence leaving the South line of Section 14
North 0*25'21" West 2650.02 feet to a point on the East-West centerline of Section 14; thence along the
East-West centerline of Section 14 South 89°50'07" East 1626.59 feet to the POINT OF BEGINNING.
The above described lands contain 156 acres of land, more or less.
EXHIBIT B TO ORDINANCE 2021-008
an,
mond,U
Redmond
Urban Growth Boundary
PROPOSED COMPREHENSIVE PLAN MAP
Subject Property
Redmond Urban Growth Boundary
Comprehensive Plan
AG -Agriculture
RI - Rural Industrial
Redmond Rod & Gun Club
Exhibit " C"
to Ordinance 2021-008
0 330 660 1,320
May 20, 2021
1,980
Q Feet
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Anthony DeBone, Chair
Phil Chang, Vice Chair
Patti Adair, Commissioner
ATTEST: Recording Secretary
Dated this __ day of , 2021
Effective Date: _ , 2021
PROPOSED ZONING MAP
COU
BOARD
TES NTUNTY,O EG COMMISSIONERS
COUNTY, OREGON
OF DESCHUTES
H
Redmond Rod & Gun Club
Subject Property
Anthony DeBone, Chair
Redmond Urban Growth Boundary
Exhibit"D"
Phil Chang, Vice Chair
to Ordinance 2021-008
County Zoning
Patti Adair, Commissioner
EFUAL -Alfalfa Subzone
—
ATTEST: Recording Secretary
0 330 660 1,320 1,980
RI - Rural Industrial
Feel
Dated this __ day of , 2021
May 20, 2021
Effective Date: , 2021
sect'Low 5.22 Leg%sl.atWe I-tistor�
Background
This section contains the legislative history of this Comprehensive Plan.
Table S.12.1 Comprehensive Plan Ordinance History
Ordinance
Date Adopted/
Chapter/Section
Amendment
Effective
All, except
Transportation, Tumalo
and Terrebonne
201 1-003
8-10-1 1/ 1 1-9-1 1
Community Plans,
Deschutes Junction,
Comprehensive Plan update
Destination Resorts and
ordinances adopted in
2011
2.5, 2.6, 3.4, 3.10, 3.5,
Housekeeping amendments to
201 1-027
10-31-1 1 / 1 1-9-1 1
4.6, 5.3, 5.8, 5.1 1,
23.40A, 23.40B,
ensure a smooth transition to
23.40.065, 23.01.010
the updated Plan
23.60, 23.64 (repealed),
Updated Transportation
2012-005
8-20-12/ 1 1-19-12
3.7 (revised), Appendix C
System Plan
(added)
2012-012
8-20-12/8-20-12
4.1, 4.2
La Pine Urban Growth
Boundary
2012-016
12-3-12/3-4-13
3.9
Housekeeping amendments to
Destination Resort Chapter
Central Oregon Regional
2013-002
1-7-13/ 1-7-13
4.2
Large -lot Employment Land
Need Analysis
Comprehensive Plan Map
Amendment, changing
2013-009
2-6-13/5-8-13
1.3
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan Map
2013-012
5-8-13/8-6-13
23.01.010
Amendment, including certain
property within City of Bend
Urban Growth Boundary
Newberry Country: A Plan
2013-007
5-29-13/8-27-13
3.10, 3.1 1
for Southern Deschutes
County
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Exhibit E, Ordinance 2021-008
Comprehensive Plan Map
2013-016
10-21-13/ 10-21-13
23.01.010
Amendment, including certain
property within City of Sisters
Urban Growth Boundary
Comprehensive Plan Map
2014-005
2-26-14/2-26-14
23.01.010
Amendment, including certain
property within City of Bend
Urban Growth Boundary
2014-012
4-2-14/7-1-14
3.10, 3.1 1
Housekeeping amendments to
Title 23.
Comprehensive Plan Map
Amendment, changing
designation of certain
2014-021
8-27-14/ 1 1-25-14
23.01.010, 5.10
property from Sunriver Urban
Unincorporated Community
Forest to Sunriver Urban
Unincorporated Community
Utility
Comprehensive Plan Map
Amendment, changing
designation of certain
2014-021
8-27-14/ 1 1-25-14
23.01.010, 5.10
property from Sunriver Urban
Unincorporated Community
Forest to Sunriver Urban
Unincorporated Community
Utility
Comprehensive Plan Map
Amendment, changing
2014-027
12-15-14/3-31-15
23.01.010, 5.10
designation of certain
property from Agriculture to
Rural Industrial
Comprehensive Plan Map
Amendment, changing
2015-021
1 1-9-15/2-22-16
23.01.010
designation of certain
property from Agriculture to
Surface Mining.
Comprehensive Plan Map
Amendment, changing
2015-029
1 1-23-15/ 1 1-30-15
23.01.010
designation of certain
property from Tumalo
Residential 5-Acre Minimum
to Tumalo Industrial
2015-018
12-9-15/3-27-16
23.01.010, 2.2, 4.3
Housekeeping Amendments
to Title 23.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Exhibit E, Ordinance 2021-008
Comprehensive Plan Text and
2015-010
12-2-15/ 12-2-15
2.6
Map Amendment recognizing
Greater Sage -Grouse Habitat
Inventories
Comprehensive Plan Map
Amendment, changing
2016-001
12-21-15/04-5-16
23.01.010; 5.10
designation of certain
property from, Agriculture to
Rural Industrial (exception
area)
Comprehensive Plan
Amendment to add an
exception to Statewide
2016-007
2-10-16/5-10-16
23.01.010; 5.10
Planning Goal I I to allow
sewers in unincorporated
lands in Southern Deschutes
County
Comprehensive Plan
Amendment recognizing non-
2016-005
1 1-28-16/2-16-17
23.01.010, 2.2, 3.3
resource lands process
allowed under State law to
change EFU zoning
Comprehensive plan
2016-022
9-28-16/ 1 1-14-16
23.01.010, 1.3, 4.2
Amendment, including certain
property within City of Bend
Urban Growth Boundary
Comprehensive Plan Map
Amendment, changing
2016-029
12-14-16/ 12/28/ 16
23.01.010
designation of certain
property from, Agriculture to
Rural Industrial
Comprehensive Plan Map
Amendment, changing
2017-007
10-30-17/ 10-30-17
23.01.010
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan
2018-002
1-3-18/ 1-25-18
23.01, 2.6
Amendment permitting
churches in the Wildlife Area
Combining Zone
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Exhibit E, Ordinance 2021-008
Housekeeping Amendments
correcting tax lot numbers in
Non -Significant Mining Mineral
2018-006
8-22-18/ 1 1-20-18
23.01.010, 5.8, 5.9
and Aggregate Inventory;
modifying Goal 5 Inventory of
Cultural and Historic
Resources
Comprehensive Plan Map
Amendment, changing
2018-01 1
9-12-18/ 12-1 1-18
23.01.010
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan Map
Amendment, removing Flood
23.01.010, 2.5, Tumalo
Plain Comprehensive Plan
2018-005
9-19-18/ 10-10-18
Community Plan,
Designation; Comprehensive
Newberry Country Plan
Plan Amendment adding Flood
Plain Combining Zone
purpose statement.
Comprehensive Plan
Amendment allowing for the
2018-008
9-26-18/ 10-26-18
23.01.010, 3.4
potential of new properties to
be designated as Rural
Commercial or Rural
Industrial
Comprehensive Plan Map
Amendment changing
designation of certain
property from Surface Mining
2019-002
1-2-19/4-2-19
23.01.010, 5.8
to Rural Residential Exception
Area; Modifying Goal 5
Mineral and Aggregate
Inventory; Modifying Non -
Significant Mining Mineral and
Aggregate Inventory
Comprehensive Plan and Text
2019-001
1-16-19/4-16-19
1.3, 3.3, 4.2, 5.10, 23.01
Amendment to add a new
zone to Title 19: Westside
Transect Zone.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Exhibit E, Ordinance 2021-008
Comprehensive Plan Map
Amendment changing
designation of certain
2019-003
02-12-19/03-12-19
23.01.010, 4.2
property from Agriculture to
Redmond Urban Growth
Area for the Large Lot
Industrial Program
Comprehensive Plan Map
Amendment changing
designation of certain
property from Agriculture to
2019-004
02-12-19/03-12-19
23.01.010, 4.2
Redmond Urban Growth
Area for the expansion of the
Deschutes County
Fairgrounds and relocation of
Oregon Military Department
National Guard Armory.
Comprehensive Plan Map
Amendment to adjust the
Bend Urban Growth
Boundary to accommodate
the refinement of the Skyline
Ranch Road alignment and the
2019-01 1
05-0 1 - 19/05-16/19
23.01.010, 4.2
refinement of the West Area
Master Plan Area I boundary.
The ordinance also amends
the Comprehensive Plan
designation of Urban Area
Reserve for those lands
leaving the UGB.
Comprehensive Plan Map
Amendment, changing
2019-006
03-13-19/06-1 1-19
23.01.010,
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan and Text
amendments incorporating
language from DLCD's 2014
2019-0 16
1 1-25-19/02-24-20
23.01.01, 2.5
Model Flood Ordinance and
Establishing a purpose
statement for the Flood Plain
Zone.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Exhibit E, Ordinance 2021-008
Comprehensive Plan and Text
amendments to provide
procedures related to the
2019-019
12-1 1-19/ 12-1 1-19
23.01.01, 2.5
division of certain split zoned
properties containing Flood
Plain zoning and involving a
former or piped irrigation
canal.
Comprehensive Plan and Text
amendments to provide
procedures related to the
2020-001
12-1 1-19/ 12-1 1-19
23.01.01, 2.5
division of certain split zoned
properties containing Flood
Plain zoning and involving a
former or piped irrigation
canal.
Comprehensive Plan Map
Amendment to adjust the
Redmond Urban Growth
Boundary through an equal
exchange of land to/from the
Redmond UGB. The exchange
property is being offered to
better achieve land needs that
2020-002
2-26-20/5-26-20
23.01.01, 4.2, 5.2
were detailed in the 2012 SB
1544 by providing more
development ready land
within the Redmond UGB.
The ordinance also amends
the Comprehensive Plan
designation of Urban Area
Reserve for those lands
leaving the UGB.
Comprehensive Plan
Amendment with exception
to Statewide Planning Goal 11
2020-003
02-26-20/05-26-20
23.01.01, 5.10
(Public Facilities and Services)
to allow sewer on rural lands
to serve the City of Bend
Outback Water Facility.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Exhibit E, Ordinance 2021-008
Comprehensive Plan
Transportation System Plan
Amendment to add
roundabouts at US 20/Cook-
2020-008
06-24-20/09-22-20
23.01.010, Appendix C
O.B. Riley and US 20/Old
Bend -Redmond Hwy
intersections; amend Tables
5.37 1 and 5.332 and amend
TSP text.
Housekeeping Amendments
2020-007
07-29-20/10-27-20
23.01.010, 2.6
correcting references to two
Sage Grouse ordinances.
Comprehensive Plan and Text
amendments to update the
County's Resource List and
2020-006
08-12-20/ 1 1-10-20
23.01.01, 2.1 1, 5.9
Historic Preservation
Ordinance to comply with the
State Historic Preservation
Rule.
Comprehensive Plan
Transportation System Plan
Amendment to add reference
2020-009
08-19-20/ 1 1-17-20
23.01.010, Appendix C
to J turns on US 97 raised
median between Bend and
Redmond; delete language
about disconnecting
Vandevert Road from US 97.
Comprehensive Plan Text
And Map Designation for
Certain Properties from
Surface Mine (SM) and
Agriculture (AG) To Rural
2020-013
08-26-20/ 1 1 /24/20
23.01.01, 5.8
Residential Exception Area
(RREA) and Remove Surface
Mining Site 461 from the
County's Goal 5 Inventory of
Significant Mineral and
Aggregate Resource Sites.
Comprehensive Plan Map
2021-002
01-27-21 /04-27-21
23.01.01
Designation for Certain
Property from Agriculture
(AG) To Rural Industrial (RI)
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Exhibit E, Ordinance 2021-008
Comprehensive Plan Map
Amendment Designation for
Certain Property from
2021-005
TBD
23.01.01, 4.2
Agriculture (AG) To
Redmond Urban Growth
Area (RUGA) and text
amendment
Comprehensive Plan Map
Amendment Designation for
Certain Property Adding
2021-008
TBD
23.01.01
Redmond Urban Growth
Area (RUGA)
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Exhibit E, Ordinance 2021-008