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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 0 y5 G m aUMAL0 RESERVOIR RD soon ■ ■ ROCHELLE LOW 19175 Tumalo Reservoir Rd ' ■ ■ 0 o JOHN & JANET KAILEY ■ ■ 19251 Tumalo Reservoir Rd ■ ■ ■ ■ ■ ■ ■ p ■ a '.■■■.:l* BIG ROCK PROPERTIES LLC PAT & THERESA KORISH 64120 Tyler Rd 19201 Tumalo Reservoir Rd COYOTE GULCH LLC 19211 Tumalo Reservoir Rd Deschutes County GIS, Sources: Esri, USGS, NOAA N 0 162.5 325 650 ft 1 i nc h = 376 feet ,S 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 0 GF 0 2 TUNIAL(J RESERVOIR RD ROCHELLE LOW 19175 Tumalo Reservoir Rd ' ■ ■ ■ ■ ' JOHN & JANET KAILEY ■ ■ 19251 Tumalo Reservoir Rd ■ ■ ■ m ■ ■ '■ ■ ■ ■ . BIG ROCK PROPERTIES LLC 64120 Tyler Rd PAT & THERESA KORISH 19201 Tumalo Reservoir Rd COYOTE GULCH LLC 19211 Tumalo Reservoir Rd Deschutes County GIs, Sources: Esri, USGS, NOAA N ( .,-rESf_ M — 11 j V_ a P__ 162.5 325 650 ft 1 inch = 376 feet ES CMG Z 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: 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 z o Q r. �1 '�)T 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 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" i t fi, /y 4 Tcr,t :.S AC.1if5 3 4 14 .ACAFS '.•9' 17-11-•24-TC2 i1-11-24 21 ACAS 20 AC_ f W, ye ry 4 1 3 hY � B u .,y t7as eT—st 2<»a03 VAR 10 C0 FG t9 A CAVE.S` ' 17-11-23 J ti-11»23 ` 17-11-24-600 17-11-2 X- W2 •. 2s A S 1 C� .",7 4 A`-'�,0 1?—'t_2'3^�Sb3 MUD 6A�NW (Y6tf���Tp? C 4@ AV ES AC?tEs sl 4 ' � a ' � �• `T =z� 17-1�1-?5=340S e, _i i 71 A.^5 Page 2 of 15 Figure 2: WTZ "South Fropert SOUTH PROPERTY (UARIO ZONE) A P; L (P.90 Acron AS 11, *-.- ' J�'. -t,* " 0�1$ - 1. , t, - 1;•1,.- �, Page 3 of 15 rigutc J. \.VIIIPICIC YY IG I� 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