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2021-320-Minutes for Meeting July 07,2021 Recorded 7/26/2021Recorded in Deschutes County Nancy Blankenship, County Clerk CJ2O21-320 Commissioners' Journal 07/26/2021 2:15:10 PM t F s E s �o� q✓>,� 20 _ 'II'I'II'IIIII'II 2 BOARD F 21320 COMMISSIONERS 1300 NW V\/a.11 street, Bend, Oregon (5 1) 388.,0570 `.00 ANA Wednesday, ul:y 7e 2021 BARNI S & SAWYFR ROOMS VIRTUALL MEETI NK.-, PLATFORM', RM',', esen',: were Comn''ssioners Matti Adai, Anil ony DeBone, and Phil Chang. Also p!lesent vve"Ie I_rik Kropp, Deputy County ndriinis,. Bator, David L oy e, C ounty Counsel; a� �d Sharor Keit'��, Boaro �xc�cu�ive Assistant (via %00!-"'. Cor-fE'rence Cell). "liS eC tlta9 Was uU010 and VIC��eo I oCCr ded and cal, be accessed at ' lle Deschutes (�O :l'lty IVecti1;',8 Portal vvelusrte 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: Commissioner DeBone acknowledged emails received through the Citizen Input line regarding support of permanent ban of fireworks. Commissioner Adair commented on the anniversary of the Prineville firefighters that died in a fire in 1994 and the devastating effect on the community. 130CC MEr rING DULY 7, 202 1 PAGE 1 OF 6 CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda. ADAIR: Move approval of Consent Agenda CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 1. Consideration of Board Signature of Order No. 2021-034, authorizing the Property Manager to execute the documents associated with the purchase of property located at 236 NW Kingwood Avenue, Redmond 2. Consideration of Resolution No. 2021-053, Accepting Grant Funds and Increasing Appropriations with the Fiscal Year 2021-2022 Deschutes County Budget 3. Consideration of Board Signature to Thank Kim Gilder of the Deschutes County Behavioral Health Advisory Board 4. Approval of Minutes of the June 16, 2021 BOCC Meeting 5. Approval of Minutes of the June 28, 2021 BOCC Meeting 6. Approval of Minutes of the June 30, 2021 BOCC Meeting ACTION ITEMS: 7. Consideration of Chair Signature of Document No. 2021-611, Notice of Intent to Award a contract for the Knott Landfill Cell 9 Engineering and Construction Management Services Project Interim Solid Waste Director Chad Centola presented the item for consideration. The department requested bids on the project and received three proposals. Mr. Centola reviewed the project and construction scope. The highest scored proposer was identified as G. Friesen Associates, Inc. ADAIR: Move approval of Document No. 2021-611 CHANG: Second 130CC MEETING )IDLY 7, 2021 PAGE 2 OF 6 VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 8. Consideration of Board Signature of Order No. 2021-020, approving the Disinternment and Reburial of Graves in the Greenwood Cemetery County Counsel Dave Doyle presented the item for consideration. Laurie Craghead, attorney and Kevin Precht, President of Oregon Care Group reviewed the proposed reburial of unmarked graves due to significant and ongoing desecration. As there are no records or identification documents that will provide information to obtain family consent. Accordingly, ORS provides that the County governing body may provide consent since the families associated with the unmarked graves cannot be contacted or identified. ADAIR: Move adoption of Order No. 2021-020 CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried RECESS: Due to technical difficulties at 9:20 a.m. and reconvened at 9:31 a.m. 9. Consideration of Board Approval to Receive Community -Led Health Care Innovation Grant Funds Pamela Ferguson, Health Services, presented the item via Zoom conference call to request approval to accept funds in the amount of $30,000. This item was also covered with the Resolution listed as Consent Agenda Item 2. 130CC IUIFFT1NG JULY �, 2021 1'AGF 3 OF 6 10.Request Board Acceptance of High Desert Education Service District HDESD Grant Funds regarding Family Connects Bridge Funding -Pamela Ferguson, Health Services, presented the item via Zoom conference call to request approval to accept funds in the amount of $36,000 from the Early Learning Hub to bridge funding to support the implementation of Family Connects Central Oregon Program. Funding will also be awarded to both Jefferson ($18,000) and Crook County ($18,000) to support the program. CHANG: Move approval of Board acceptance of the grant funding ADAIR: Second Discussion: Commissioner Adair noted the program begins in September. Discussion held on the staffing for the program. Ms. Ferguson offered an update on the program at a future meeting. VOTE: CHANG: Yes ADAI R: Yes DEBONE: Chair votes yes. Motion Carried 11.Discussion: Consideration for Naming an Unnamed Public Road as Hedgehog Court Community Development Department Assistant Planner Audrey Stuart presented the item for consideration of naming an unnamed public road. This item will be placed on a future Consent Agenda for adoption. 12.COVID19 Update Commissioner DeBone noted the Governor's emergency orders were dropped on June 30. Health Services staff Nahad Sadr Azodi and Molly Wells Darling presented the update. Presentation is attached to the record. F30CC_ MF:E I 11\IC, jU LY 7, 202 1 PAGE 4 C)F= 6 The next COVID19 Update will be at the BOCC meeting in two weeks. 13.Discussion: Campgrounds, Recreational Vehicle Parks, and Manufactured Home Parks/Rural Lands Assessment Planning Manager Peter Gutowsky and Lead Senior Planner Will Groves presented the item for discussion based on requested further information pertaining to land use entitlement processes. Mr. Gutowsky provided information and regulations on campgrounds, recreational vehicle parks, and manufactured home parks in rural Deschutes County on non-federal lands. Mr. Groves spoke on development of manufactured home parks. Mr. Gutowsky reported on the LCDC temporary rules to assist communities with temporary shelter and housing for those residents displaced by wildfire. This item will be brought back to a future BOCC meeting for further discussions. OTHER ITEMS: • Commissioner Adair acknowledged emails received about a permanent ban of fireworks and she thanked the entire County for doing the right thing in protecting the community • Commissioner DeBone reported he participated in the REDI meeting this morning. • Deputy County Administrator Erik Kropp noted the NACO annual conference and upcoming election for NACO officers and the request to designate a Commissioner as elected officer or proxy voter. Commissioner Adair will work with Mr. Kropp on the candidate selection and she will register to attend the virtual conference this Monday, July 12. BOCC MEll l ING JUL_Y'/, 202111 P'AG1_-' 5 01- 6 EXECUTIVE SESSION: None scheduled A 111' 0 U R N Bdrig no flUrther iterns to comie before the Board, the rneeting was adjourned at 12:19 1--)A-1 FD this Day of,�,Lp 2021 for the Deschutes Counity Board of Com,ri,issior i e r s, AT1tEST,,,, RECOF MING SECRETARY atoAA K,- A NT H 0 N Y D E B 0 111111, C H A 1Imo.. H Il C Fil, A N G, V I C E CH A I R - --- - - ------- P AXT A D A 1,,, R, C 0 PA., M [,, S S 0 [INY' E R BOCC IMIEF FINC'; JULY 7, 2021 PAGE 6 OF 6 (Y'V)1 L S CO o G2<BOARD OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS REGULAR MEETING 9:00 AM, WEDNESDAY, JULY 07, 2021 Barnes Sawyer Rooms - Deschutes Services Bldg - 1300 NW Wall St - Bend (541) 388-6570 1 www.deschutes.or� 777777 �AGENQi� �� MEETING FORMAT In response to the COVID-19 public health emergency, Oregon Governor Kate Brown issued Executive Order 20-16 (later enacted as part of HB 4212) directing government entities to utilize virtual meetings whenever possible and to take necessary measures to facilitate public participation in these virtual meetings. Since May4, 2020, meetings and hearings of the Deschutes County Board of Commissioners have been conducted primarily in a virtual format. Effective June 30, 2021, COVID-based restrictions have been discontinued. Attendance/Participation options include: A) In Person Attendance and B) 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 by 8:00 a.m. 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 providing testimony during a hearing, you will be placed in the waiting room until the time of testimony, staff will announce your name and unmute your connection to be invited for testimony. Detailed instructions will be included in the public hearing materials and will be announced at the outset of the public hearing. For Public Hearings, the link to the Zoom meeting will be posted in the Public Hearing Notice as well as posted on the Deschutes County website at https://www.deschutes.org/bcc/page/public- hearing-notices. CALL TO ORDER CITIZEN INPUT: For items not on this Agenda Note: In addition to the option of providing in -person comments at the meeting, citizen input comments may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734. To be timely, citizen input must be received by 8:00am on the day of the meeting. PLEDGE OF ALLEGIANCE CONSENT AGENDA 1. Consideration of Board Signature of Order No. 2021-034, authorizing the Property Manager to execute the documents associated with the purchase of property located at 236 NW Kingwood Avenue, in Redmond. 2. Consideration of Resolution No. 2021-053 Accepting Grant Funds and Increasing Appropriations within the Fiscal Year 2021-2022 Deschutes County Budget. 3. Consideration of Board Signature to Thank Kim Gilder of the Deschutes County Behavioral Health Advisory Board 4. Approval of Minutes of the June 16, 2021 BOCC Meeting 5. Approval of Minutes of the June 28, 2021 BOCC Meeting 6. Approval of Minutes of the June 30, 2021 BOCC Meeting ACTION ITEMS 7. Consideration of Chair Signature of Document No. 2021-611, Notice of Intent to Award a contract for the Knott Landfill Cell 9 Engineering and Construction Management Services Project. 8. Consideration of Board Signature of Order No. 2021-020, Approving the Disinterment and Reburial of Graves in the Greenwood Cemetery 9. Consideration of Board Approval to Receive Community -Led Health Care Innovation Grant Funds 10. Request Board Acceptance of High Desert Education Service District (HDESD) Grant Funds regarding Family Connects Bridge Funding. 11. COVID19 Update 12. Discussion: Consideration for Naming an Unnamed Public Road as Hedgehog Court July 07, 2021 BOARD OF COUNTY COMMISSIONERS REGULAR MEETING Page 2 of 3 13. Discussion: Campgrounds, Recreational Vehicle Parks, and Manufactured Home Parks/Rural Lands Assessment LUNCH RECESS OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. EXECUTIVE SESSION At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations, ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2)(b), personnel issues, or other executive session categories. Executive sessions are closed to the public; however, with few exceptions and under specific guidelines, are open to the media. ADJOURN Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, please call (541) 617-4747. July 07, 2021 BOARD OF COUNTY COMMISSIONERS REGULAR MEETING Page 3 of 3 Sharon Keith From: Kay Whitson Bondurant <kaypierce@aol.com> Sent: Wednesday, July 7, 2021 7:45 AM To: citizeninput Subject: Fireworks Ban [EXTERNAL EMAIL] Dear Commissioners: A special thank you to each of you in helping to keep our county safe from wildfires by instituting a fireworks ban in the county. I've been working wildfires in our region for the last week and, as you must know, our area is still in extreme risk for fire. Sadly, I was on Facebook last night and read posts of citizens in the county that are just "waiting" for the July 9 expiration of the ban. They are planning large gatherings over he weekend to shoot off the fireworks that they have purchased for July 4th. I would like to strongly suggest an extension to the fireworks ban through the summer to prevent any unnecessary fire starts. Our resources are strapped for personnel and equipment. This is unprecedented in our area to have such high temperatures, low humidity and wind for the extended time that we are currently experiencing. Please consider an extension to our fireworks ban to help keep our county safe. Thank you for this consideration, Kay $ondurant 541-420-9983 Sharon Keith From: Annie Beck <anniebendrealtor@gmail.com> Sent:` Tuesday, July 6, 2021 8:39 AM To: citizeninput, Subject: Please take action to extend the fireworks ban [EXTERNAL EMAIL] We are deeply appreciative of your action to ban fireworks. Our DRW neighborhood is working hard to avoid man caused fires. We remain tinder box dry and need your action to reduce the risk here in DRW, as well as the greater Bend community. Redmond has already made this decision. We appreciate your service Thank you, Annie Beck I Broker, PSA' 3"ZOgueREN xwtv E�:�',TAI E ni Licensed as Tarnmie Beck Loin in the State of Oregon 541..915.2244 anniebendrealtorpgmail.com Sharon Keith From: peggy.kneece@gmail.com Sent: Friday, July 2, 2021 3:35 PM To: citizeninput Subject: Fireworks [EXTERNAL EMAIL] Are the fireworks only band on 4 of July? If so we should then be 'hearing them on the third and the fifth and whenever they like! Not to mention they could start a fire on those days also. Is this the boards solution?? Sent from my iPhon.e i Sharon Keith From: Tina Delaossa <tina.delaossa@gmail.com> Sent: Wednesday, June 30, 2021 11:56 PM To: citizeninput [EXTERNAL EMAIL] I want to ensure safety in our community. Please help ban fireworks and campfires in Deschutes County.. This seasons weather and lack of rain puts the community in significant danger. Let's do our part and vote no on fireworks and campfires this season. Thank you Tina Delaossa i Sharon Keith From: Janet Meyer <gigimeyer@me.com> Sent: Wednesday, June 30, 2021 8:21 PM To: citizeninput, Subject: Please, please ban fireworks [EXTERNAL EMAIL] What could possibly be a worthy reason to; ignite theseconflagration candles in our current conditions? Please do your jobs to keep our communities, pets, wildlife, homes and lands safe by banning fireworks. Thanks for listening, Gigi Meyer Windflower Farm 26285 Walker Rd. Bend, OR 97701 541.678.3166 wwwwindflowerfarmbend.com 1 wee\3A ES C-0& COMMISSIONERSBOARD OF AGENDA REQUEST & STAFF REPORT MEETING DATE: July 7, 2021 SUBJECT: Consideration of Board Approval to Receive Community -Led Health Care Innovation Grant Funds RECOMMENDED MOTION: Move approval to receive Community -Led amount of $30,000. Health Care Innovation grant funds in the BACKGROUND AND POLICY IMPLICATIONS: Central Oregon Health Quality Alliance (COHQA) Grant provides funding up to $40,000 for Community -Led Health Care Innovation to improve community health, health care, and patient or provider experience. Central Oregon's Perinatal Care Continuum (PCC) received notification on June 22, 2021 that the Improving Perinatal Care Coordination across Oregon project has been selected as a 2021 COHQA Grant recipient. This project has been awarded $30,000 to be used between July 1, 2021 and June 30, 2022. Central Oregon's PCC is a community -developed and public health led program to assist pregnant and postpartum individuals in Central Oregon access health insurance, prenatal care, nutritional services, and other referrals with ease and dignity. The PCC program was developed and implemented in 2016 in response to Central Oregon's worsening maternal health and birth outcomes (Oregon Health Authority, Maternal and Child Health, 2017). The program now serves approximately 60% of all pregnant persons in Central Oregon, mostly low-income and vulnerable populations. In March 2021, Oregon Health Authority's Healthy Together featured PCC as a promising model and intervention for improving maternal health and birth outcomes across Oregon. PCC's long-term viability in Central Oregon, but also at other sites, will rely on formalizations of processes, continuous reviews, and improvements. These are all part of evaluation measures central to evidence -based public health practice. To do so, PCC wishes to create a comprehensive handbook and to establish an evaluation methodology to measure the effects of the program continuously. These evaluation measures are pertinent to sustainable funding mechanisms (i.e., federal Title V and insurance reimbursements), but also central to transfer into other sites. No negative policy implications are foreseen. BUDGET IMPACTS: $30,000 in Fiscal Year 2022. No FTE impact. See attached budget adjustment for details. ATTENDANCE: Pamela Ferguson, Healthy People & Families Program Manager -- via Zoom >\ } j ± f \ \ cc OL < /) > `§$ \2/ °0 \ /.\. 77E �)\ E oo� og� ;o0 EG2 co 2 cc 0- /\% \�0- R£/ o=t eke 3§\ 20% \0) to tea@ )\m 764E 35a £f3 )00 Ib� &;2 §a£ E U)\] =' § / /f ])% '2 « ([\ 7f7 7\7 \\ o CD k_(} #/; » g� )ZD o£, k}\& fy�/ G&ae 00c /;/j §em$ o CL 2E ea/\ ON01 E S CO p GBOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: July 7, 2021 SUBJECT: Request Board Acceptance of High Desert Education Service District (HDESD) Grant Funds regarding Family Connects Bridge Funding. RECOMMENDED MOTION: Move approval to accept of High Desert Education Service District (HDESD) Funds BACKGROUND AND POLICY IMPLICATIONS: On June 29, 2021, the High Desert Education Service District (HDESD) notified Deschutes County Public Health of awarded funds in the amount of $36,000 for bridge funding to support the implementation of the Family Connects Central Oregon program. Family Connects is a universally offered home visiting program. Central Oregon is one of seven (7) early implementer communities within Oregon in launching Family Connects in coordination with an existing array of home visiting and community based services. When implemented, Family Connects will provide nurse home visiting to families who need assistance with navigating to resources and long-term home visiting services. The HDESD Early Learning Hub will work with Deschutes County Health Services in project implementation, monitoring and continuous improvement strategies to assure a successful launch and program implementation. BUDGET IMPACTS: Funds are not to exceed $36, 000 and may be spent from June 16, 2021 to June 15, 2022. ATTENDANCE: Pamela Ferguson, Program Manager, Healthy People & Families VsXnigh Desert Education Service District MEMORANDUM OF AGREEMENT Family Connects Bridge Funding Deschutes County This is to formalize the agreement between the High Desert Education Service District (HDESD) - Early Learning Hub of Central Oregon and Deschutes County - Public Health relating to bridge funding for implementation of Family Connects Universally Offered Home Visiting Program. Central Oregon is one of seven early implementer communities within Oregon in launching Family Connects in coordination with the existing array of home visiting and community based services. When implemented, Family Connects will provide nurse home visiting through 1-3 visits to families immediately following birth with navigation to resources and long-term home visiting services if indicated and desired by the family. CONTACTS: • High Desert ESD(HDESD)—Brenda Comini, Director, Early Learning Hub, brenda.comini@hdesd.org • Deschutes County —Cheryl Smallman, Business Manager, cheryl.smallman@deschutes.org TERMS OF AGREEMENT: • Deschutes County will: • Coordinate with the Early Learning Hub to implement Family Connects with fidelity as guided by the Oregon Health Authority and Family Connections International teams. • Utilize bridge funding to financially support expenses related to standing up and implementing Family Connects. Examples include, but are not limited to, home visiting services for families that are referred before billable eligibility, enhancement of staffing needed before billable revenue is in place, supplies and equipment to support nurse home visitors and support staff, technical support to facilitate data entry, collection and use of Salesforce or Epic EMS platforms, etc. • Manage all fund accounting and documentation according to state and federal best practice guidelines. • Report quarterly expenditures of funds and provide brief narrative on use to assist in future implementation planning and financing needs. • Expend all funds by June 15, 2022. • HDESD will: • Provide $36,000 in bridge funding to be used specifically for Family Connects Implementation. • As Project Lead, the Early Learning Hub will assist Deschutes County Public Health in project implementation, monitoring and continuous improvement strategies to assure a successful launch and program implementation. • The Early Learning Hub will work with Deschutes County to manage program expense, identify and implement cost effective strategies and develop a program sustainability plan that includes rates and billing process for public and private insurance coverage. Funding for this agreement is provided from Family Support Service (FSS) Title IV-132 funding contracted to HDESD/Early Learning Hub of Central Oregon. Providers are required to maintain and provide to HDESD upon request, documentation of specific expenditures under 45 CR part 92. Administrative expense is not to exceed 15%. • Total amount of this agreement is $36,000.00 • Effective start date for this agreement is 6/16/2021. - - • This agreement terminates on 6/15/2022. This agreement will be reviewed annually regarding service level/costs. If this agreement is renewed then an "Annual Memorandum of Agreement Notification" will be sent to the district indicating changes in services and/or cost from the prior year. Signature Email: george.conway@deschutes.org Title: Director Company: DCHS Rochelle Friend, CFO HIGH DESERT ESD HDESD Use Only: Expenditures: 264.5300.0720.478.000.000.405 245.0000.1940.411.320.000.850 DATE Revenue: DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form electronically to the Board Secretary.) Please complete all sections above the Official Review line. Date: I June 29, 2021 Department: Health Services, Public Health Contractor/Supplier/Consultant Name: I High Desert Education Service Districtl Contractor Contact: Brenda Comini Type of Document: Memorandum of Agreement Goods and/or Services: This document formalizes the understanding between High Desert Education Service District (HDESD) and Deschutes County Health Services in relation to the funding and implementation of the Family Connects Central Oregon. Background & History: High Desert Education Service District is a regional support system that links school districts in Central Oregon to state and national education resources. Their programs help districts minimize duplication of services, preserve their local budgets and receive special programs that might otherwise be unavailable to them. Family Connects is a universally offered home visiting program. Central Oregon is one of seven (7) early implementer communities within Oregon in launching Family Connects in coordination with an existing array of home visiting and community based services. When implemented, Family Connects will provide nurse home visiting to families who need assistance with navigating to resources and long-term home visiting services. The HDESD Early Learning Hub will work with Deschutes County Health Services in project implementation, monitoring and continuous improvement strategies to assure a successful launch and program implementation. Agreement Start Date: June 16, 2021 Ending Date: I June 15, 2022 Annual Value or Total Payment: I Maximum compensation is $36,000. ® Insurance Certificate Received check box) Insurance Expiration Date: N/A Check all that apply: ❑ RFP, Solicitation or Bid Process ❑ Informal quotes (<$150K) ® Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) Funding Source: (Included in current budget? ❑ Yes ® No If No, has budget amendment been submitted? ® Yes ❑ No 6/29/2021 Is this a Grant Agreement providing revenue to the County? ❑ Yes ® No Special conditions attached to this grant: Deadlines for reporting to the grantor: If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant -funded position so that this will be noted in the offer letter: ❑ Yes ❑ No Contact information for the person responsible for grant compliance: Name: Phone #: = Departmental Contact: I Pamela F Phone #: F 541-322-7422 Deputy Director Approval: Signature Email: nahad.sadr-azodi@deschutes.org Title: Director of PH Company: DCHS Distribution of Document 0 n. Proaram Manager, Healthv People & Families Director Approval: ASignature:? C, ,.PM Email: george.conway@deschutes.org Title: Director Company: DCHS Grace Justice Evans, Health Services Department Official Review: County Signature Required (check one): ❑ BOCC Department Director (if <$50K) ❑ Administrator (if >$50K but <$150K; if >$150K, BOCC Order No. ) Legal Review M"/ VN' Date�- Document Number 2021- �/ 6/29/2021 ES CoBOARD OF a COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: July 7, 2021 SUBJECT: Discussion of Consideration for Naming an Unnamed Public Road as Hedgehog Court RECOMMENDED MOTION: No Board action needed at this time. BACKGROUND AND POLICY IMPLICATIONS: The road to be named extends for approximately 650 feet to the East of Pioneer Loop and ends in a cul-de-sac. This local access road was created and publically dedicated as part of Minor Partition MP-80-55, and the cul-de-sac was later created and dedicated through Minor Partition MP-95-32. Four properties take access from this road, and the road naming was initiated by one of those abutting property owners. Board Order 2021-030 implements the approval and is slated for Board consideration on July 14, 2021. BUDGET IMPACTS: None. ATTENDANCE: Audrey Stuart, Assistant Planner, CDD TO: FROM: DATE: SUBJECT: Background cif; Y Y DE /. i..4,,, s T LY114kT1 ►111LTii Board of County Commissioners Audrey Stuart, Assistant Planner June 29, 2021 July 71' Work Session for the Road Name Assignment of Hedgehog Court (CDD File No. 247-21-000351-RN) The abutting property owner at 63946 Pioneer Loop initiated this road naming request as a land use application for a road naming change. No new development or change of use is proposed as part of this road naming application. The local access road extends for approximately 650 feet to the East of Pioneer Loop and ends in a cul-de-sac. The road was created and publically dedicated as part of Minor Partition MP-80-55, and the cul-de-sac was later created and dedicated through Minor Partition MP-95-32. Four properties have frontage on, and take access from, the subject road. Staff Decision The Community Development Department (CDD) reviewed the requested road name assignment under file no. 247-21-000351-RN. In consultation with the Deschutes County Property Address Coordinator, staff reviewed the proposed name of Hedgehog Court. Staff found this proposed name complied with the standards of 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 April 28, 2021 and a notice of the staff decision was mailed on June 30, 2021. The staff decision will become final, absent an appeal, at the end of the 10-day appeal period on July 9, 2021. 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 (541)388-6575 @cdd@deschutes.org www.deschutes.org/cd As of this writing, staff has not received any questions, written opposition, or appeals on the proposed name. 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 2021-030, no later than July 19, 2021. Approving this order at the meeting scheduled on July 14, 2021 will ensure this timeline is met. If staff receives any submittals prior to the July 7, 2021 meeting, staff will bring the materials to the Board's attention and enter them into the record. Staff is available for any questions. Enclosures: 2021-06-30 CDD Staff Findings and Decision (247-21-000351-RN) 2021-06-30 Board Order 2021-030 2021-06-30 Road Location Map 1997-02-26 Deed of Dedication 1996-03-18 MP-95-32 Partition Plat Page 2 of 2 REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Assigning the Name of Hedgehog Court to a Public Road Right -of -Way Located Off * ORDER NO. 2021-030 Pioneer Loop Approximately 6,000 Feet North of Hamehook Road. WHEREAS, Keith Rich] applied to assign a road name pursuant to Deschutes County Code, Title 16, Addresses and Road Names, to assign the name of Hedgehog Court to a 60-foot-wide public road right-of-way located in Township 17 South, Range 12 East, Sections I IA and 12 W.M.; and WHEREAS, all public notices required to be given under DCC 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 naive of Hedgehog Court be assigned to a 60-foot-wide public road right-of- way to provide access to the properties at Township 17 South, Range 12 East, Sections 11A and 12, as set forth in Exhibit "A," attached hereto and incorporated herein. Dated this of 120 ATTEST: Recording Secretary PAGE 1 OF 1- ORDER No. 2021-030 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, CHAIR PHIL CHANG, VICE CHAIR PATTI ADAIR, COMMISSIONER Exhibit A Hedgehog Court Board Order 2021-030 ROBERT & TONYA SUSAN & ROBERT BURKETT NIGG 63960 Pioneer Loop 63956 Pioneer Loop o u1, W z BEAU & KAYLEA KEITH & LISA RIEHL BEACH 63940 Pioneer Loop 63946 Pioneer Loop Local access road proposed to be named Hedgehog Court N 0 162.5 325 650 ft t mh = 376 feet Deschutes County GIS, Sources: EsH, USGS, NOAA ,,sES I c a N Om O U {/sp1 p Ik z o �8:0 I a a z x a a za a p gQ O ° 3 z a r8w o z v om N Q"I K K �" 61= \ ZO p ps Z Wii Z � p a o S r pip 3 ° WU o� J z3 < o in H 4 8 8 '� U � w� Z O .86 z� ° Uyi20 �r x or MR �i 3 IN 40 W do 0 °YS cQS?g �' gg w F S S o. �-0°o p v z� 0 .1i�, a �$z \ k' ozanoyNZ mFFpp°.��oWzZpg� vm 1-vzW-I-� °'N\IIz;�o<my rc rc-- O Po RIM Inz z €\mNp =o l- QOaVMXZ pNj°��akQ wiFwz�oZww u -s pp n�F tiz Eg M o WOz e0 OO� w �ZO PiW&;ZO NU4mm Y.iLL ririil`ri0 3 aO�� r �i fi J I�i rrii 1-i 3 oU�pzzw C1 apa���€ ao n m w 3 3 3 �' I zE�r y a yo�LL Wop Wzdz "�Nr ��rr po gwmmcnn C�6g'Za�w °gig z'Qj o o of z 0000 avppi~�z Ow y10 Zf=g �NF�(n r/-120 08 L^ZZZN to tn Ellp ffp F ZG w Z 06^ N ZZ p 9�%i+ Q�a] �i pgg U 7� N N� Z pp4Kaa �Z�61� Z Qa TQy��a{ NlWn mU QU 6U6UQN ��W g°� �^ Y � N � � � � W � � � 3 �• � J � 2 � y Q 8� 6a Wb U LL N p: p:w p. �KO cx �Ww �Wp z b b rbzW zd N�b�� S�� � o p: �"j � � U iw�w�8 opz �� 8 $[� N ° oNoxo W z ma .4 p)ZWY 0€ NNcj3N Z y� 'ZbZ^H �+Z• �\ I J F- oo�oz yy ° ° r +n pG M€ Rio y Q�sy,�; W rcii erng$ 3�gQ piawo • _ b b. vai I-, �b �b�b'F� "�Sji•iQowmz Sc°i dd O j�Fr azo}oo\z3 nz�mzMp z azpzpzpiorcd Uroo\� 33 p� 5 oa= g�pcc33� o o z o X€ z_w Z nn33 99 ��o O ��zJJ��mFp zzll��-jzK �� z°dmu°ia�v°iom } Km6Lin K f.f W �F� \�CZpZ SWS > °Z�wxap. m�ONz -H 1-� w0 � oW tF 31-g �i W �K�zW�N HS6.0- 0� Wiy� tWy �a o1E rryrry��, � fL�'1 R O� a 4'^ O gtsiiVQ.1,02e•1 How, NO 2? �ZZ9.1.a=�- lio, 6� 3€���a � 0 0�O zcg � o� «c333a$W�oi��� ��e g ;�` - agw ads '$ N tN a�� o NW OZO N U SFZ O (:Q�J p82 W¢O pm �O�WOg oW ��KOIQ4 O:E W ��..O yy��¢Q ot{n- o J WOUIX ZOF Uri 2onf (OJ4 221 B Uor m�rc�Wo NZ� zo o 028 2.9 Z. 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STAFF CONTACT: Audrey Stuart, Assistant Planner 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 Ill. BASIC FINDINGS: LOCATION: The subject area is a local access road which serves four properties, one of which is owned by the applicant. The area is located in the Bend postal area. The local access road extends for approximately 650 feet to the East of Pioneer Loop and ends in a cul-de- sac. The road's location is further described as being in Township 17S, Range 12E, Sections 11 and 12. 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q'I (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd Figure 1: Map of Subject Area 63960 PIONEER 63956 PIONEER LOOP LOOP 0. 63940 PIONEER 63946 PIONEER LOOP LOOP z Local access road proposed to be named Hedgehog Court Pursuant to Deschutes County Code (DCC) 16.16.030, the applicant, Keith Riehl, initiated the application to establish the name for the private road on April 5, 2021. AFFECTED PROPERTIES: The following four properties have frontage on, and take access from, this road. ADDRESS LEGAL DESCRIPTION 63960 Pioneer Loop 17-12-11 A0, Tax Lot 2004 63940 Pioneer Loop 17-12-11 A0, Tax Lot 3004 63956 Pioneer Loop 17-12-12, Tax Lot 200 63946 Pioneer Loop 17-12-12, Tax Lot 201 REVIEW PERIOD: The subject application was submitted on April 5, 2021. 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(1). 247-21-000351-RN Page 2 of 9 PUBLIC AGENCY COMMENTS: The Planning Division mailed notice on April 28, 2021 to several public agencies and received the following comments: Deschutes County Address Coordinator, Tracy Griffin The proposed road name, Hedgehog Court, meets the road naming criteria set forth in DCC 16.16.030 and is approved for use. Deschutes County Senior Transportation Planner, Peter Russell: 1 have reviewed the transmittal materials to name this Local Access Road which extends east from Pioneer Loop on the NE Quarter of Section 11 of Tax Map 17-12 between Tax Lots 200 and 300. The 60 foot -wide public road was created as part of MP-80-55 and is identified on the tax map as Ded. OR439-01224. The cul-de-sac bulb is from MP-95-32. I have no adverse comments. The following agencies did not respond to the notice: 911, Avion Water Company, Bend -La Pine School District, Bend Regional Watermaster, Deschutes County Road Department, Deschutes County Sheriff's Office, and Deschutes County Surveyor. PUBLIC COMMENTS: Notice was mailed to the four (4) affected properties on April 28, 2021 per DCC 16.16.030(B). The applicant also posted a proposed road name sign. No public comments were received. III. 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. 247-21-000351-RN Page 3 of 9 FINDING: The subject unnamed road provides access to four (4) tax lots. 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 Keith Riehl, who owns the property at 63946 Pioneer Loop. A Road Naming application was filed with Deschutes County on April 5, 2021. 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, 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 application materials and the required fee on April 5, 2021. The application materials indicated the preferred road name, Hedgehog Court, and one alternative name. Staff requested one additional alternative name per DCC 16.16.030(2)(D) and the applicant responded in an email dated May 7, 2021. All other information was provided or gathered through staff research and 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. 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: On April 28, 2021, staff mailed notice of this pending application to the four (4) property owners abutting the subject road to be named. The mailed notice included a statement requiring the recipient to notify any tenants or other occupants of the affected property of the proposed road name assignment. No public comments were received. These criteria are met. 247-21-000351-RN Page 4 of 9 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 submitted three proposed names and indicated that Hedgehog Court was the preferred name. The two alternative names that were provided are Fugawi Court and Lost Lane. There are currently two roads in Deschutes County with the assigned name of Lost Lane. Staff finds that this alternative name does not meet the criteria of DCC 16.16.030(E)(1)(b) and is therefore not a valid option. Hedgehog Court does not duplicate any existing road name, nor does it sound similar to existing road names, use compass directions, or use designations as part of the name. The application materials indicate the purpose of the proposed name change is make navigation easier, as Google Maps has listed the subject local access road as Hedgehog Court. Staff finds that designating a specific name for the subject unnamed road will serve to improve and clarify identification of the area, as Pioneer Loop currently runs from north to south without any named roads that extend off of it. As noted above, staff mailed notice of the proposed road name change to impacted property owners on April 28, 2021 and no comments were received in opposition. Fugawi Court also does not duplicate an existing name, and staff finds it meets the criteria of DCC 16.16.030(E)(1)(a-d). The application materials indicate there is an existing sign, which was not placed by Deschutes County, that reads "Fugawi Ct." Therefore, staff finds the option Fugawi Court satisfies the criterion of DCC 16.16.030(E)(1)(f) because it may reflect another name that has been colloquially assigned to the currently unnamed road. 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." 247-21-000351-RN Page 5 of 9 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 subject unnamed road runs from east to west and ends in a turnaround approximately 650 feet from its beginning point. Staff finds the description under DCC 16.16.030(E)(2)(c), above, best matches the subject road. Therefore, the proposed suffix of "court" is appropriate for the proposal. F. Staff Review and Road Name Assignment. The Community Development Department shall review road name applications and shall assign road names under the following procedure: 1. Verify legal status of road with the County Clerk's office and Road Department. FINDING: The road to be named was created and publically dedicated as part of Minor Partition MP-80-55, and the cul-de-sac was later created and dedicated through Minor Partition MP-95-32. Comments provided by Deschutes County Senior Transportation Planner verify that the road was publically dedicated through Deed of Dedication OR439-01224. Staff finds these Deschutes County records verify the legal status of the subject 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: Staff has verified that the proposed name does not duplicate or sound confusingly similar to an existing road name. Comments from the Deschutes County Property Address Coordinator did not identify any issues with the proposed road name, including any conflicts with existing or proposed road names. Staff finds 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: Staff determined a field check was not necessary, based on the availability of Deschutes County records and information provided by the applicant. As noted above, the original application 247-21-000351-RN Page 6 of 9 materials only included one alternate road name option. The applicant then provided a second alternate, Fugawi Court, in an email dated May 7, 2021. Therefore, no assistance was required to help the applicant or other affected persons identify alternate names. 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: A Notice of Application was sent to impacted property owners, and all appropriate departments and agencies. This Notice of Application requested that interested parties submit comments to the record, and no public comments were received. Comments from agency staff were reviewed and considered, and those comments are included in the Basic Findings, above. The assigned name, Hedgehog Court, 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(B). 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 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). Affected property owners and occupants shall have 10 days from the date of the staff decision to file an appeal. 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 Hedgehog Court will become final under Board Order 2021-030. 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. 247-21-000351-RN Page 7 of 9 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 z 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: A Notice of Decision will be sent out following action by the Board to approve the assigned road name. Notice will be sent to the applicant as well as the agencies listed in DCC 16.16.030(K)(2)(a-i). The original order by the Board will be recorded with the County Clerk. Within one month of final approval by the Board, the road name change will be published in a newspaper of general circulation. 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. 247-21-000351-RN Page 8 of 9 V. DECISION: APPROVAL, subject to the following conditions of approval. VI. CONDITIONS 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. 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- 030. 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 Written by: Audrey Stuart, Assistant Planner Reviewed by: Peter Gutowsky, Planning Manager 247-21-000351-RN Page 9 of 9 97-06594 REVIEWED DESCHUTES COUNTY 3 C�.Ifl4 ACCEPTANCE OF DEEDS WHEREAS, Kim Ward, Trustee, conveyed a parcel of real property to the Public for road purposes by deeds dated September 10, 1967, and described as follows: Description of a 60 foot public road right of way being 30 feet on either side of a center line located in the Southeast 114 of Section 2, Township 17 South, Range 12 East, W.M., and the East 1/2 of the. Northeast 1/4 of Section 11, Township 17 South, Range 12 East, W.M., more particularly described as follows: Beginning at a point on the North line of the Southeast 1/4 of the Southeast 1/4 whence the Southeast corner of said Section 2 bears South 260 48' 32" East, 1480.88 feet; thence South 000 21' 48" West, 3959,08 feet to the South line of the East 1/2 of the Northeast 1/4 of said Section 11. Also a 60 foot public road right of way being 30 feet on either side of a center line located in the Northeast 1/4 of the Northeast 1/4 of Section 11, Township 17 South, Range 12 East, W.M., more particularly described as follows: Beginning at a point whence the Northeast corner of said Section 11 bears North 000 27' 44" East, 660 feet; thence North 890 49' 51" West, 645,18 feet to the Easterly right of way of the above described road. WHEREAS, said deeds were recorded on December 18, 1967 with the County Clerk at Volume 156, Page 255, of the deed records; and WHEREAS, said deeds have not yet been accepted by the County pursuant to ORS 92.014 and WHEREAS, said real property deeded to the Public has been continuously used by the Public as public road right of way; now, therefore, DESCHUTES COUNTY, ACTING BY AND THROUGH ITS BOARD OF COMMISSIONERS, DOES HEREBY ACCEPT THE FOREGOING DEED, DESCRIBED ABOVE, AS PUBLIC ROAD RIGHTS OF WAY PURSUANT TO ORS 92.014. DATED this __ day of `�_ , 1997. AT T: Recording Secretary Page 1 of 2 %RD OF COUNTY COMMISSIONERS DESCHUTMCOUNT , OREGON NANQPPOHe SCkLANG'EN„CHAI R L. NIPPER, NQA L. SWEAKINGEN, COMMISSIONER .PIONEER LOOP EXISTING ROAD EASEMENT DEEDS 1"=1/4 MILE LOCATED IN SECTIONS 2 AND 1 T.17 S.,R.12 E.,W,M. DESCHUTES COUNTY,OREGON w PREPARED BY DESCNWES COUNTY OfPARTAI£NT OF PUBUC WORKS 11 JO S(. 7N Sf. 610 l) W 7T Ham I" Ex bW MU mo<crE y w Y 2 20 7 4 TO V156 P255 WARD TO PUBLIC 9/10/67 70 & MELAND ,IC N L- 0 00 �-�� 19 ,9, 6, 19 fife 0 0 0 0 0 0 0 0 0 0 0 W" uj Js Cl 0 70 (1) 0 C: 3: 0 r- V) 4� 0 r- Lr) 4� a) ao 4- C: 0 ro u 0 4� 4, u Lr) 4 ro ro ra .N 4- ru ro 0 0 ReRe 17-1 C, (n CKIJ r- 5 U-1 IT) 6 Ir) IT! 0-1 IV 0 IN -.-A I © 19 9 9, 6r' 99 SI.Sfic�,, S S SS fir16 l �s © fi� (prfi O �'i, r'��c 9 c'"\ g�,�� l r, r'�s Oc's 1, Owl OT 0 � �ra� ® sad O 6' � s� r- � s N O < (1) ❑ EM Q g� S' ® ® 0 0 0 n � ct (DN rH SlSa_L jo j@qw rlN A W E 0 un O V ^W W W "n > E L- 0 0 n� W E 4--j ro L I u a 6/ II 0 Zi 1, T w r� >1 U) X_- ±2 m QJ I: V) u 4j (A K.7 J�CY �O 4-0 kjj Cl)tin ten � xA9 col (13 1 cu A tn .. .... Jc tin ®tom. oto (ffiS3E4. e9 AY : o � : 'log � / � : ./ / : ; �� t � .% : 0- . .. ..: . . . \. .. . .: . . . : 2 » . /... ... . \. .. /.... /. . \./ ...... � /(§ tx C)ru O C) . D 0 c : 1 .L c 00 \ % G ©/\ >ro � _ O o kf . 0 ; QL: :e= m e & ro { Gu c- w w w th « S1 jj s a S' i 4• �s xi u ` � E C4 i [—+ W G+aW I, i . \ : ■ ■: y • e : { Ul a . , . §¥ r.2 ■ • to � .. . . • ■Ul» y . $ �$ . � .� i � C\ 0Ln #. ^ #^ � .• / *; CD^ ���« . Ln Ln ° Ln #� m4-1 \ »r \ : 0 : \ .. - (1) ... ..... y y�Ln Cr . w T E S COGBOARD OF S.-� i ca COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: July 7, 2021 SUBJECT: Discussion: Campgrounds, Recreational Vehicle Parks, and Manufactured Home Parks/Rural Lands Assessment ATTENDANCE: Planning Manager Peter Gutowsky MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Peter Gutowsky, AICP, Planning Manager DATE: July 1, 2021 SUBJECT: Campgrounds, Recreational Vehicle Parks, and Manufactured Home Parks / Rural Lands Assessment 1. Background Earlier this spring, the Board of County Commissioners (Board) requested information regarding the land use entitlement process for siting campgrounds, recreational vehicle (RV) parks, and manufactured home parks in rural Deschutes County on non-federal land. This memorandum discusses these existing uses, summarizes the land use requirements, and identifies the regulatory obstacles that deter future investments. It also addresses recreational vehicles (RVs), the Land Conservation and Development Commission's (LCDC) temporary rules in response to the 2020 wildfires, and HB 2006, a recent law relating to emergency shelters. II. Existing Conditions Campgrounds and RV parks are typically recreational and seasonal, while manufactured home parks, which are permanent, act as low-income housing. Tables 1-3 summarize the existing campgrounds, RV parks, and manufactured home parks on non-federal land in rural Deschutes County. A map attached with this memorandum depict their location. All of these uses were established more than 40 years ago.' In some cases, land use records are incomplete. According to county records, some manufactured home parks have 1 to 3 RV sites as well. Table 1— Existing Rural Campgrounds Campgrounds Information The subject property was acquired between 1966 and 1981 by purchase from the Bureau of Land Management and private land owners and by land La Pine State Park exchange with the U. S. Forest Service. The campground consists of 82 full hook-ups, 47 electric sites, 5 rustic cabins, and 5 deluxe cabins. The subject property used to be the site of a U.S. Forest Service ranger station. The Rosland Ranger Station was abandoned in 1933. The campground was Rosland Campground built in 1965 and was formally transferred to the La Pine Park and Recreation District in 1999. The 42-acre campground contains 25 spaces. 1 On May 6, 2021, the Board approved a campground on Highway 97 with 10 spaces for RVs or tents, and 5 yurts. 247-19-000361- CU, 362-SP, 363-LM, 583-MA, 879-MA, 247-20-000206-A, 788-MA. The use has not been initiated. Campgrounds Information The park was obtained between 1960 and 1975 by purchase and gifts of land Smith Rock State Park from the City of Redmond and Harry and Diane Kern. The Bivy Campground can accommodate between 50 to 200 campers. Tumalo State Park was established in 1954. The campground consists of 23 full Tumalo State Park hook-ups, 54 tent sites, 7 yurts and two seasonal group camping areas. Table 2 — Existing RV Parks RV Parks Information Consists of 27 acres and contains 105 asphalt sites. It also contains 11 cabins. Bend/Sisters Garden RV Resort (Sisters KOA) The RV resort was established in 1974. Consists of 5 acres and was originally established in 1966. It includes 100 lots Cascade Meadows RV Resort and has received several land use approvals starting in 1972. Consists of 170 acres and contains 317 sites. It was established prior to 1980. Thousand Trails RV Resort Land use records are incomplete. Consists of 2 acres and contains 18 spaces for RVs. It was established prior to Hidden Pines RV Park 1980. Land use records are incomplete. Consists of 18 acres and contains 19 sites. It was established prior to 1980. Riverview RV Park Land use records are incomplete. Consists of 1 acre and contains 6 spaces and is recognized as a lawful non- Snowy River RV Park conforming use. It was established prior to 1980. Consists of 8 acres and contains 55 spaces. It was established prior to 1980. Green Acres RV Park Land use records are incomplete. Table 3 — Existing Manufactured Home Parks Manufactured Home Parks Information Consists of 5 acres and contains approximately 16 spaces. The mobile home Allen's Riverview Mobile Home Park park was established prior to 1980. Consists of 27 acres and contains one space devoted for a mobile home (on - Bend/Sisters Garden Resort (Sisters KOA) site manager). The mobile home park was established in 1974. Consists of 11.5 acres and contains 39 spaces. The mobile home park was Cline Falls Mobile Home Park established as a nonconforming use in 1973. Consists of 9.7 acres and contains 17 spaces. The mobile home park was Country Homes Mobile Home Park established in 1973. Deschutes Mobile Home Park Consists of 2.4 acres and contains 23 spaces. It was established prior to 1980. Consists of 49 acres and contains 58 spaces. The mobile home park was Desert Terrace Mobile Home Park established prior to 1980. -2- Manufactured Home Parks Information Consists of 12 acres and contains 36 spaces and 8 RV sites. The mobile home Four Seasons Mobile Home Park park was established in 1972. The Juniper Mobile Home Park consisting of 12 acres contains 47 spaces. The Juniper and Hilltop Mobile Home Park Hilltop Mobile Home Park consisting of 2.5 acres contains 6 spaces. Both were (adjoin each other) established in approximately 1972. Consists of 2 acres and contains 8 spaces. The mobile home park was Mathews Mobile Home Park established prior to 1980. Consists of 14.5 acres and contains 61 spaces. The mobile home park was Mt. View Mobile Home Park established prior to 1980. Consists of 16.5 acres and contains 49 spaces. The mobile home park was Mt. Vista Mobile Home Park established in 1966. Consists of 2 acres and contains 3 spaces. The mobile home park was Ochoco View Mobile Home Park established prior to 1980. Consists of 5 acres and contains 29 spaces. The mobile home park was Rustic Ranch Mobile Home Park established prior to 1980. Consists of 6.2 acres and contains 29 spaces. The mobile home park was Smith Rock Mobile Home Park established in 19681980. Tioga Mobile Home Park Consists of 1.7 acres and contains 13 spaces. The mobile home park was established in 1968. Consist of 0.8 acres and contains 7 spaces. The mobile home park was Tumalo Mobile Home Park established prior to 1980. III. Regulations Campgrounds Campgrounds are permitted conditionally in the Multiple Use Agricultural (MUA-10) zone and the Exclusive Farm Use (EFU) zone on non -high value farmland. Deschutes County Code (DCC) 18.128.015, General Standards Governing Conditional Uses, applies compatibility criteria for campgrounds.2 There are also specific conditional use standards that apply to campgrounds under DCC 18.128.320 that pertain to outdoor recreation, access, water supply, and sewage disposal. Campgrounds are also required to conform to state standards, Oregon Administrative Rule (OAR) 918, Division 650 relating to: • Open space (minimum of 65%) Campsite space limitations (not less than 1,600 sq. ft.) Each campsite requires at least one parking space Z httos://deschutescounty.municiDalcodeonline.com/book/print?tvpe=ordinances&name=CHAPTER 18.128 CONDITIONAL USE A. The site under consideration shall be determined to be suitable for the proposed use based on the following factors: 1. Site, design and operating characteristics of the use; 2. Adequacy of transportation access to the site; and 3. The natural and physical features of the site, including, but not limited to, general topography, natural hazards and natural resource values. B. The proposed use shall be compatible with existing and projected uses on surrounding properties based on the factors listed in DCC 18.128.015(A). -3- • Yards and setbacks • Tent campers / recreational vehicles shall not remain in the campground for more than 30 days in any 60-day period Licensed as a tourist facility RV Parks New RV parks are permitted conditionally in the MUA-10 zone subject to specific locational requirements.' • Adjacent to an existing manufactured home/recreational vehicle park; • Adjacent to the City of Bend UGB; and • Has no more than 10 dwelling units. In the MUA-10 zone and Rural Residential (RR-10) zone, an expansion of an existing RV park on the same parcel is also permitted conditionally.' DCC 18.128.015, General Standards Governing Conditional Uses, applies compatibility criteria for RV parks. There are also specific conditional use standards that apply to RV parks under DCC 18.128.170 that pertain to piped potable water and sewage disposal service, limitations on vehicle stays (no more than 30 days in any 60-day period), toilets, lavatories, and showers for each sex, and access, among others. DCC 18.128.170(P) also requires an expansion of a RV park to bring the existing area up to current code requirements for fire and life safety reasons. Manufactured Home Parks New manufactured home parks are permitted conditionally in the MUA-10 zone subject to the same locational requirements as noted above for RV parks, including complying with OAR 660-004-0040(8)(g).s • Adjacent to an existing manufactured home/recreational vehicle park; • Adjacent to the City of Bend UGB; and • Has no more than 10 dwelling units. In the MUA-10 zone and Rural Residential (RR-10) zone, an expansion of an existing manufactured park on the same parcel is also permitted conditionally.6 DCC 18.128.015, General Standards Governing Conditional Uses applies compatibility criteria for manufactured home parks. There are also specific conditional use standards that apply to manufactured home parks under DCC 18.128.150 that pertain to piped potable water and sewage disposal service, and access, among others. DCC 18.128.150(Q) also requires an expansion of a manufactured home park to bring the existing area up to current code requirements. 3 DCC 18.32.030(DD). These locational factors were the result of an applicant -initiated text amendment in 2015. To date, no RV expansion has been initiated. ° DCC 18.32.030(CC) and (EE); DCC 18.60.030(T). 5 660-004-0040(8g). The establishment of a new "mobile home park" or "manufactured dwelling park" as defined in ORS 446.003(23) and (30) shall be considered an urban use if the density of manufactured dwellings in the park exceeds the density for residential development set by this rule's requirements for minimum lot and parcel sizes. Such a park may be established only if an exception to Goal 14 is taken. 6 See footnote #4. -4- RVs DCC Chapter 18.116.095 regulates RVs as a temporary residence on an individual lot not containing a dwelling in Rural Residential Exception Areas.' A RV is required to be fully licensed and ready for highway use, on its wheels or jacking system, and be attached to the site only by quick disconnect type utilities and security devices, with no permanently attached additions. IV. Land Use Fees Entitling a new campground, RV park or manufactured home park requires a conditional use permit and site plan review. The land use fees are $2,984.00 and $4,033.00 respectively.$ V. Regulatory Obstacles Campgrounds Due to the intensity of the use, campgrounds are subject to discretionary conditional use compatibility criteria. Opponents can interpret those provisions differently than an applicant and appeal a project to a Hearings Officer, the Board, and the Land Use Board of Appeals (LUBA). Campgrounds are also required to provide potable water, toilet and shower facilities, wastewater treatment, lighting, picnic tables and garbage collection sites for the convenient use of campers as specified in OAR 918.650. These factors, among others, likely discourage property owners from considering a campground. RV Parks Similar to campgrounds, RV parks are also subject to discretionary conditional use compatibility criteria. They are also obligated to provide piped potable water and sewage disposal service, limitations on vehicle stays (no more than 30 days in any 60-day period), toilets, lavatories, and showers for each sex, and access, among others. Deschutes County Code also requires an expansion of a RV park to bring the existing area up to current code requirements to ensure adequate water pressure, wastewater treatment and internal access for emergency vehicles. These factors likely deter new and expanding RV parks. A. A single recreational vehicle, as defined in DCC Title 18, may be located on a lot or parcel not containing a dwelling and used as a temporary dwelling unit: 1. For a period totaling not more than 30 days in any consecutive 60-day period without obtaining a land use permit from the Deschutes County Planning Division; or 2. For a total period not to exceed six months in a calendar year by obtaining a temporary use permit under the terms of DCC 18.116.095 from the Deschutes County Planning Division. A temporary use permit may be renewed annually for use of a recreational vehicle under the terms of DCC 18.116.095 on the same lot or parcel. B. All necessary permits shall be obtained from the Deschutes County Building Safety Division before connecting a recreational vehicle to sewer, water and/or electric utility services. C. A permit shall be obtained from the Deschutes County Environmental Health Division before disposing any wastewater or sewage on -site. D. A recreational vehicle used as a temporary dwelling unit shall meet the same setbacks required of a permanent dwelling on the subject lot. E. A recreational vehicle shall be fully licensed and ready for highway use, on its wheels orjacking system, shall be attached to the site only by quick disconnect type utilities and security devices, and shall have no permanently attached additions. a Site Plan Review fees also include $55.00 per 1,000 square feet of structure and $131.00 per developed acres (over 1 acre). -5- Manufactured Home Parks New or expanded manufactured home parks are impacted by state requirements limiting rural residential densities as noted in footnote #5. This factor, in addition to bringing existing manufactured home parks up to current code requirements for any expansion, dissuades manufactured home parks from being sited in rural Deschutes County. RVs Oregon Revised Statute (ORS) 197.493 regulates the placement and occupancy of RVs.9 Converting a RV to a permanent structure and/or dwelling requires the owner to surrender the title and any registration issued for the RV to the Department of Motor Vehicles (DMV) for cancellation. A RV that is converted to a structure or dwelling is then subject to the Oregon Residential Specialty Code (ORSC) to ensure an adequate foundation, structural integrity, energy code, and fire and life safety components. VI. LCDC Temporary Rules in Response to 2020 Wildfires LCDC adopted temporary rules amending seven divisions of OAR Chapter 660." The amendments are intended to assist communities with ongoing efforts to accommodate shelter and interim housing needs for individuals who have lost their homes or are otherwise displaced due to the effect of catastrophic wildfires on Oregon's built environment. These rules allow for additional, temporary housing outside urban areas for a period of 36 months. They provide opportunities for emergency campgrounds, temporary residential uses, and disaster -related sheltering. A county may grant two additional 12-month extensions upon demonstration that the use remains necessary." VII. HB 2006 / Emergency Shelters The Oregon Legislature recently approved HB 2006. It allows, as an outright permitted use, an emergency shelter outside an urban growth boundary to be sited in a Rural Residential Exception Area. An emergency 9 ORS 197.493 Placement and occupancy of recreational vehicle. (1) A state agency or local government may not prohibit the placement or occupancy of a recreational vehicle, or impose any limit on the length of occupancy of a recreational vehicle, solely on the grounds that the occupancy is in a recreational vehicle, if the recreational vehicle is: (a) Located in a manufactured dwelling park, mobile home park or recreational vehicle park; (b) Occupied as a residential dwelling; and (c) Lawfully connected to water and electrical supply systems and a sewage disposal system. (2) Subsection (1) of this section does not limit the authority of a state agency or local government to impose other special conditions on the placement or occupancy of a recreational vehicle. [2005 c.619 §12] ORS 455.405 Recreational vehicle conversion to structure. (1) A recreational vehicle that has a title issued by the Department of Transportation does not qualify as a structure. If a recreational vehicle is being converted to use as a structure, at the time of commencing the conversion the owner shall surrender the title and any registration issued for the recreational vehicle to the department for cancellation. A recreational vehicle that is converted to use as a structure is subject to the state building code. (2) There is a rebuttable presumption that a recreational vehicle has been converted to use as a structure if the recreational vehicle is located outside of a mobile home park as defined in ORS 446.003 and: (a) Has been rendered structurally immobile; or (b) Has direct attachment to utilities. [2019 c.585 §4] 10 These will become permanent transitional housing rules at the July 22-23 LCDC meeting. 11 https•//www.oregon.gov/lcd/LAR/Documents/LCDD 15-2020TrackedChanges%20-%20WildfireResponse.pdf -6- shelter must be operated by a local government, an organization with at least two years' experience (local housing authority, religious corporation, or public benefit corporation), or a non-profit corporation.12 Vill. Potential Changes to State Law Given the regulatory obstacles summarized, the Board may want to consider potential changes to state law for discussion purposes. They include but are not limited to exploring opportunities for: • Siting manufactured home parks on rural lands; and/or • Developing temporary rules to address the state's housing crisis for emergency campgrounds, temporary residential uses, and sheltering. Attachment Map of Existing Campgrounds, RV Parks, Manufactured Home Parks in Rural Deschutes County on Non - Federal Land 12 HB 2006 also requires cities to approve proposed homeless shelters if they meet certain criteria, such as offering access to transportation, complying with building codes, and posing no health or safety threat. As long as the standards are met, zoning rules or other planning regulations do not apply. The lowered threshold for homeless shelters will lapse on July 1, 2022, though shelters established under the bill will be allowed to remain open after that date. HB 2006 also makes it easier for cities to approve parking lots where people can sleep in their cars as a form of transitional housing and creates grant funding opportunities for organizations that want to create shelters. -7- RV Parks / Campgrounds / Manufactured Home Parks 1"=5Mi Black Butte Ranch Sunriver N La Pine Tumalo Terrebonne Red Bend 19 RV Park Campground Manufactured Home Park State Highway Unincorporated Community City Limit 6/30/2021 N:\Custom\CD"Ian ninglMobileHomeParks\ Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community ru v� T� u) -o 0 o- E 45 Z3 bID > en, o 0 o o 'o -F-, 0 U D- c) 'o 'bO U, E - E c) Im- E 0 In 1c) cm -76 ao)- E CX a) .�= G) -o u E - E o 2 o m ol. -c: w 0 >- T 2 -L o < u S-� 0 i I i i a j I T bQ �i6i N G' O C Ero }, 3 ..Y. 5 V1 O QJ 4I 1 V � e � O N EO C O � ut bD m a u tA C (p c c N r6 ut V v i3 17 O O l.J QJ 4J T o �— 0 E C pC e N E O_ U Q 5 C 9 uj O lJ 0.1 aJ N aJ -0 u 0 7 n bi V b4 N Q 00 a ro O- N rOp ro v N O � Q ro 0 C N N to X O 0- _N N N o E 0 av ro OV 0 bo tA N N O E '_' � C ti5 N _ O u ro QJ L Q 4- 0-0 O �6 EE ` roC^ 0 069 V 0..5 aXi n5 rt t_ Q a O 0 v X 0- (� ro 7 C O 'N O V RS b-0 N -0 0 aro 2i 0_ C V N 0_O v iS a) 7_ LLJ Ou U) -6 ro Cl_ U D > N V C aJ b-0.b0 U u Q S_ b v 0 N O O v 0 dJ o u O a �4 -' CL .0 >, O CT ro � O O O > U vt Q v 7 U X > � O_ Q ro � L Vl �q OJ i6 ro C D N -O N Q in R O O S C V Q O Q O u N +ro O b U Diu a V10- E 0 u J N O N Q cs C 'C7 N y0 O N O N a vl N C O _ N Q Y 1 20 N N — �.. u vN, �>—, 73 :3 N 0- 0 X v v N UJ v a C: N o C N +� C N 0 � N v; N C T3 QJ Ir Qa Nz5 v Y O N G C: C n = n ZS Qj U E � rU tw .... ) UO N Q C C C C C n D bq p C IU E O J v E :a C W aaJ //qqo� ®aW C O N y Ile Q_ -0 N E N L 0 4 3 O c bO wQ � B C a.O >, E BL Eo N O v E i O- a O =3 g� �o -C O p U 'ri r6 Rw v Q C Q to vi N Q O N i O �N Q N C Vl co:3 E N N N N Ec ,N N v ra <+-N a b.0: C C0-C-) Q O N 0- N ". 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