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2021-362-Minutes for Meeting September 01,2021 Recorded 9/9/20211,41 -ABOARD OF COMMISSIONERS 1300 NVV \Nall Street, Bend, Oregon (541 ) 388.6!�;70 9,00 AM Recorded in Deschutes County CJ2021-362 Steve Dennison, County Clerk Commissioners' Journal 09/09/2021 4:11:24 PM 1ES �aGy{ II I I I �I� I I'II II I II I II I I IIIII �II 2021-362 FOR RECORDING STAMP ONLY \!Eledr,est ,,'a', `i, 2021 BARNES s, SA\/;,i1 EV. ' ROOMS ViR1UAL 1\4E E-- iN:i PLAT FORM Present were Commissioners Patti Adair, Anthony DeBone, and Phil Chang. Also present were Tom Anderson, County Administrator; Nick Lelack, County Administrator in Training, David Doyle, County Counsel; and Samantha Pepper, BOCC Administrative Assistant (via Zoom conference call). This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website http://deschutescountyor.igm2.com/Citizens/Default.aspx CALL TO ORDER: Chair DeBone called the meeting to order at 9:01 a.m. PLEDGE OF ALLEGIANCE Commissioner DeBone mentions the joint meeting with Commissioners and City of Bend taking place virtually tomorrow. CITIZEN INPUT: Input via the citizen input e-mail: Susan Fisher regarding COVID19 mask and vaccination mandate as well as irrigation water issues. Jannelle Miller, Amanda Cook, Karol Cozad, Dave Kellogg and Ed and Elizabeth Moore regarding a camp trailer parked along Spring River Rd and Harper Bridge. B 0 C C I\4 I-_11_iNG ;I::111 FIVIBE R 1, 2021 PAGF '1 0I_-: The county is currently addressing this issue. CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda. CHANG: Move approval of Consent Agenda ADAIR: Second VOTE: CHANG: Yes ADAI R: Yes DEBONE: Chair votes yes. Motion Carried 1. Consideration of Board Signature of Resolution No. 2021-024, Initiating the Vacation of Butte Drive 2. Consideration of Board Signature of Order No. 2021-016, Vacating Butte Drive in Township 20 South, Range 10 East, Section 34 3. Consideration of Board Signature to Appoint Charles Fadeley to the Deschutes County Audit Committee 4. Consideration of Board Signature to Appoint Lee Randall to the Deschutes County Audit Committee 5. Consideration of Board Signature to thank Leighann Wittenburg of the Panoramic Access Special Road District 6. Consideration of Board Signature to Appoint Whitney Lowe to the Panoramic Access Special Road District 7. Consideration of Board Signature to Thank Sam Davis of the Deschutes County Dog Control Board of Supervisors 8. Consideration of Board Signature to Thank Carolyn Airriess of the Deschutes County Dog Control Board of Supervisors 9. Consideration of Board Signature to Thank Rick Root of the Deschutes County Bicycle and Pedestrian Advisory Committee 10.Consideration of Board Signature to Thank Sam Handelman of the Deschutes County Bicycle and Pedestrian Advisory Committee 11.Consideration of Board Signature to Reappoint Dave Thomson to the Deschutes County Bicycle and Pedestrian Advisory Committee 12.Consideration of Board Signature to Reappoint Christopher Cassard to the Deschutes County Bicycle and Pedestrian Advisory Committee 13.Consideration of Board Signature to Reappoint Mark Smith to the Deschutes County Bicycle and Pedestrian Advisory Committee 14.Consideration of Board Signature to Appoint Emily Boynton to the Deschutes County Bicycle and Pedestrian Advisory Committee ACTION ITEMS: CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT 15.Consideration of Board Signature to Reappoint Mike Gocke to the Sunriver Service District Budget Committee CHANG: Move approval of Appointment ADAIR: Second VOTE: CHANG: Yes ADAI R: Yes DEBONE: Chair votes yes. Motion Carried 16.Consideration of Board Signature to Reappoint Gerhard Beenen to the Sunriver Service District Managing Board Position #2 ADAIR: Move approval of Appointment CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 17.Consideration of Board Signature to Reappoint Bette Butler to the Sunriver Service District Budget Committee CHANG: Move approval of Appointment ADAIR: Second VOTE: CHANG: Yes ADAI R: Yes DEBONE: Chair votes yes. Motion Carried BC:)CC. IW I i"1NG 5I is I "r I`, f_ R 1, 2021 P A i3 OF 6 RECONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY 18. PRESENTATION: Mt. Bachelor Biomass Project WoodWise Energy partner Andrew Haden presents the Mt. Bachelor Biomass project. Mt. Bachelor CEO John McLeod and WoodWise Partner Meagan Hartman also were present via Zoom. Commissioner Adair asks about the cost savings relative to propane. Mr. McLeod speaks to Mt. Bachelor and Powders investment both companies are putting forth into this project. They feel it is part of their responsibility to the public to have healthy forests. Commissioner Adair asks what Deschutes County's investment in this project could be. Commissioner Chang asks what a loan term might be. Mr. Haden states that they are trying to figure out who wants to be involved and deciding investment information around that. Commissioner DeBone asks to which entity the county would be issuing funds. Mr. McLeod explains that there will be a third party company formed for the duration of the project. The facility will operate pursuant to the current lease between Mt. Bachelor and the federal government. Commissioner Debone is interested in providing county funding through a grant. The County Finance Office will explore funding options for future Board consideration. 19.COVID Update Nahad Sadr- Azodi, Public Health Director, Emily Freeland, Health Services Supervisor and Dr. George Conway, Health Services Director present recent information related to COVID19 (slide presentation included in the meeting record). Commissioner Adair asks in what time frame a COVID patient should receive Monoclonal Antibodies Outpatient Therapy. Dr. Conway replies between 3-7 days. Commissioner Chang asks how misinformation of self - medication is spreading. Commissioner Adair asked who is transferring this virus. Mr. Sadr- Azodi states that it is mainly unvaccinated people. Commissioner Chang asked when the Health Department will seek additional ARPA funds from the Board. Commissioner Chang strongly encourages the Board to consider awarding incentives to county employees who are not yet vaccinated. Commissioner noted other incentive programs such as the free month for health insurance premiums upon completion of the annual health assessment. Commissioners DeBone and Adair are not supportive of a vaccination incentive program. B 0 C C VIE. E TI1\1G SE:P f 1 I\A13FR 1, 2N 11 PAG111 i4. OF 6 20.PUBLIC HEARING and Consideration of Order 2021-037 Approving Annexation to Cloverdale Rural Fire Protection District County Counsel Dave Doyle explains the annexation application for inclusion into the Cloverdale Rural Fire Protection District. Public Hearing is opened. Being no comment, the public hearing was closed. Commissioner Chang asked if this was an expansion of the current district boundary. Once approved, this application is submitted to the state. ADAIR: Move approval of Order No. 2021-037. CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried LUNCH RECESS: At the time of 11:23am, the Board took a lunch recess and reconvened at 1:00 pm. 21.Recreational Vehicle Park Expansion / Assessment Planning Manager Peter Gutowsky give a Recreation Vehicle Park Expansion overview update. He adds the several factors that would come into play with any attempt to expand criteria for RV parks, including the need for a Goal 14 Exception. Commissioner Debone asks about citing RV parks in rural county to address homelessness. Nick Lelack suggests the Board send a letter to our local legislative delegation to initiate conversations on how to allow these uses in rural Deschutes County. Commissioner DeBone mentions that RV parks in cities are much easier to site; not so in rural areas of the county. HB 2006 is mentioned as pathway for temporary housing. Commissioner Chang asks for suggestions from CDD staff on how they can get the conversation started with legislators. 22.SB 391 / Rural ADU Update Senior Planner Tanya Saltzman updates the Board on SB 391- Rural Accessory Dwelling Units. Commissioner DeBone asks if other counties are working on these amendments. Commissioner Adair asked about having pre- 130CC k/,L,1-11f\!G `I-TI- !\/rB R 1, 2021 PAGE 5 OF 6 approved plans for ADU's. Commissioner Chang asks if this new legislation will be weaved between codes and or are new codes created. Mr. Gutowsky states that it will be a mixture of both. Commissioner Debone suggests a simple drawing showing people what the idea of an ADU looks like. Commissioners would like clarity on the 100 foot distance between the main house and an ADU. OTHER ITEMS: • Commissioner Chang mentions the Emergency Task Force meeting yesterday. There was discussion of managed camps and the entities who provide services. EXECUTIVE SESSION: At the time of 2:16 pm, the Board went into Executive Session under ORS 192.660 (2) (e) Real Property Negotiations and came out at 2:44 pm. Staff to proceed as discussed. Being no further items to come before the Board, the meeting was adjourned at 2:44pm DATED this Day of 2021 for the Deschutes County Board of Commissioners. AT 4RECORI', 01Y 4x_� . .......... r 2 . ........ . .... i ' hr'; i. A 1,0A 1�1 R, C 0 M M f S .,s 10 (- iv � BOC C M1:E:TCNG SFr'-! IV±l3ER 1, 2021 ('AGF 6 OF 6 ES CO lj BOARD :.RD O BOARD OF COUNTY COMMISSIONERS MEETING 9:00 AM, WEDNESDAY, SEPTEMBER 01, 2021 Barnes Sawyer Rooms - Deschutes Services Bldg - 1300 NW Wall St - Bend (541) 388-6570 ( www.deschutes.org - ga ma 3:� � hT.^„�1? K : r � ,. �s���,. zrzi--s .r>. s�"`` .,^ 'z. . .'S /za �' �^�, � �:.,r:s k. 1 nd zz �r�c �y z��<a% '�� +✓, s �.', >,I: u�: �� �� .�,✓�� � c'.�rj�Ys� y.....) 'c: ° 9 Lti�,Y ,: _ is�fz S � ,s, x`v 'u: N'�'Ls { - � A, � z��;..'���,rM*s'%?"^�;;.rz. h t�`-`Ia>.,�,`r �,'� . `c ( :�t � v''.^� :�� b K. „z;2,, ?y"~�,. �, ��s>,�.,,t��.'" :� �1U;�•.sl �1 �:"� '�`rA ��4,}v �h y�e.:� ��4� � .e:����d G ��=.�y � � s zj ... �5?�'�� �s.k3 S3 r�s�����,s C,c ��..��tu:�' �:x=""��; 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 May 4, 2020, meetings and hearings of the Deschutes County Board of Commissioners have been conducted primarily in a virtual format. 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 PLEDGE OF ALLEGIANCE 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. CONSENT AGENDA 1. Consideration of Board Signature of Resolution No. 2021-024, Initiating the Vacation of Butte Drive 2. Consideration of Board Signature of Order No. 2021-016, Vacating Butte Drive in Township 20 South, Range 10 East, Section 34 3. Consideration of Board Signature to Appoint Charles Fadeley to the Deschutes County Audit Committee 4. Consideration of Board Signature to Appoint Lee Randall to the Deschutes County Audit Committee 5. Consideration of Board Signature to thank Leighann Wittenburg of the Panoramic Access Special Road District 6. Consideration of Board Signature to Appoint Whitney Lowe to the Panoramic Access Special Road District 7. Consideration of Board Signature to thank Sam Davis of the Deschutes County Dog Control Board of Supervisors 8. Consideration of Board Signature to thank Carolyn Airriess of the Deschutes County Dog Control Board of Supervisors 9. Consideration of Board Signature to Thank Rick Root of the Deschutes County Bicycle and Pedestrian Advisory Committee 10. Consideration of Board Signature to Thank Sam Handelman of the Deschutes County Bicycle and Pedestrian Advisory Committee 11. Consideration of Board Signature to Reappoint Dave Thomson to the Deschutes County Bicycle and Pedestrian Advisory Committee 12. Consideration of Board Signature to Reappoint Christopher Cassard to the Deschutes County Bicycle and Pedestrian Advisory Committee September 01, 2021 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 4 13. Consideration of Board Signature to Reappoint Mark Smith to the Deschutes County Bicycle and Pedestrian Advisory Committee 14. Consideration of Board Signature to Appoint Emily Boynton to the Deschutes County Bicycle and Pedestrian Advisory Committee CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT 15. Consideration of Board Signature to Reappoint Mike Gocke to the Sunriver Service District Budget Committee 16. Consideration of Board Signature to Reappoint Gerhard Beenen to the Sunriver Service District Managing Board Position #2 17. Consideration of Board Signature to Reappoint Bette Butler to the Sunriver Service District Budget Committee RECONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY ACTION ITEMS 18. 9:05 AM PRESENTATION: Mt. Bachelor Biomass Project 19. 9:30 AM Public Hearing and Consideration of Order 2021-037 Approving Annexation to Cloverdale Rural Fire Protection District 20. 9:45 AM COVID19 UPDATE 21. 10:45 AM Recreational Vehicle Park Expansion / Assessment 22. 11:30 AM SB 391 / Rural ADU Update 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. September 01, 2021 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 4 23. Executive Session under ORS 192.660 (2) (e) Real Property Negotiations ADJOURN 05aDeschutes 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) 61'7-4747. September 01, 2021 BOARD OF COUNTY COMMISSIONERS MEETING Page 4 of 4 1 z '1 citizen 1 citizeninput . E S C� COMMISSIONERS MEETING DATE: Wednesday, September 1, 2021 SUBIECT: PRESENTATION: Mt. Bachelor Biomass Project ATTENDANCE: Meagan Hartman, VP/Director of Business Development, Wisewood Energy John McLeod, President/General Manager, Mt Bachelor Inc AsUsua�� Poor air quality and CD2emissions 6omwildfire and pi|e 8x burning woodymateria| CO2 em!ssions6nm propane consumption at K4Bachebr K4t.Bachelor speno'san avera8e$27[\000peryear on propanefuel and heating systernrnaintenance Fire Mitigation and Management �i on r, ir, � as,', s ��������� Clean, efficient energy using alocal resource Creates marketdemand that supports fire mitiga1ione0o�s &rodocespUeburning RoducesC[}2eemissionsfor5�ui|dingsindu6ed omasssystembyappnOx.88�,,andreduces to�a| emissionsacross ��t Bache|orbyapprox The biornassyystenn is estimatedto lower operating cootafor heatinQby Constructioncosts for this po4ec1are eatimatedtobe Mt. Bacheior Ski Resort has recently completed the detailed design and engineering of a stage -of -'he art biornass energy ac i ty to provide: heat and" snow melt for four buildings in the West. Village Lodge complex. Mt. Bacceior is now sec I incz funding to implement the project, and grants are needed to supplement private equity to help get it across the finish ";Inc. he advanced wood, energy sys�.em w Mi. Bachelor would make Deschutes County a na-Donal leader in innovative renewable energy that integrates with fire -smart forest management'. Annual benefits of the biomass facility: q 1. Uti izes byproduct o' 'orest management activities that reduce the risk of high -severity wildfire in Central Oregon Reduces carboy elil.ssions 'o" �� served by biornass by 88% anol oias"ically reduces particulate i,rnissif:.�ns S Re r,la s approx. 150,000 gallons of propane w;ih o Ily sourced woody biomass Forest restoration activities i,, Centfa l Oregon i;irn to reduce the risk of 4Ygh,sc 'c t'y/ b`! ld{ r£ GvE nif., but g nc atcc large f ;PrC) i(_t. ,i s pf�,.c� tia� -,r n v, £e=a :.t'�_t pt _a, s s ehcat p a: dine 8 t"-f:�eas ralle..cF ,,nnoke canxl 02 0� t` C�� y �' �, - 1�.�}. ✓� `�e �, .� C i'�45_ :JOB , C,v .� �C v:S, t r t .e,. l 1�`iv ;,� - r � ,Av sE) e. r, De'sd .:es, Cro If, d �,� �-. (... e ! .. J ..ram �o r �s ..c. :c �an �,; t no v Oerne as. 110 cw.ea VIYIERGRIh»IU vrY GivHu3 .. . T� LhxE hYJUt�TAt�y A.' 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BACKGROUND AND POLICY IMPLICATIONS: This memorandum provides an assessment of expanding existing Recreational Vehicle (RV) Parks in rural Deschutes County on non-federal land. BUDGET IMPACTS: None. ATTENDANCE: Peter Gutowsky, Planning Manager MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Peter Gutowsky, AICP, Planning Manager DATE: September 1, 2021 SUBJECT: Recreational Vehicle Park Expansion / Assessment This memorandum provides an assessment of expanding existing Recreational Vehicle (RV) Parks in rural Deschutes County on non-federal land. 1. Background Earlier this spring, the Board of County Commissioners (Board) requested information regarding the land use entitlement process for siting campgrounds, RV parks, and manufactured home parks in rural Deschutes County. On July 7, 2021, staff summarized the existing conditions, regulations, land use fees, and regulatory obstacles associated with those three uses. This cursory review however, did not evaluate case law as it pertains to RV park expansions. All seven existing RV parks discussed below were established more than 40 years ago, prior to Oregon's statewide land use planning system taking effect in the mid to late 1970s. II. RV Park Expansion Assessment The matrix starting on page 4 summarizes the seven RV parks in rural Deschutes County, and the corresponding land use fees and onsite wastewater treatment conditions associated with any expansion. A map attached with this memorandum depicts their location. Assessment: In coordination with County Legal Counsel, based on recent Land Use Board of Appeals (LUBA) case law (see Section V), it will be extremely difficult to entitle RV park expansions. Even if Goal 14 exceptions are attained, the entitlement, infrastructure costs, and in most areas, groundwater conditions, will present significant challenges to resolve, leading to a time consuming and expensive process at the outset. 111. RV Park Expansion / Land Use Criteria All RV park expansions are subject to discretionary conditional use compatibility criteria and site plan review. Deschutes County Code (DCC) requires an RV park expansion 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. DCC 18.128.170(P) also requires an expansion of a RV -1- park to bring the existing area up to current code requirements to ensure adequate water pressure, wastewater treatment and internal access for emergency vehicles. For RV parks that were established on a parcel in use prior to 1979 and/or operational and configured since 1996, expansion requires a nonconforming use verification and/or alteration. DCC 18.120.010(E)(2) requires a finding demonstrating the alteration will have no greater adverse impact on the neighborhood. While a fee is not charged for a conditional use permit, an applicant must also address conditional use criteria referenced above. IV. RV Park Expansion / Fees Land use fees are highlighted in the matrix. Regarding wastewater, it is a complex process to update a Water Pollution Control Facility (WPCF) permit for an onsite wastewater treatment system and therefore difficult to estimate the permitting fees. Each RV park has unique site conditions. In southern Deschutes County for example, the Department of Environmental Quality (DEQ) will require a hydrologic study as part of the WPCF permit process. Deschutes County also applies a one-time transportation system development change (SDC) on land developments that will generate traffic on the County road system. The most recent edition of the ITE Trip Generation Manual indicates RV park (Land Use #416) generates 0.27 p.m. peak hour trips per occupied site. The current SDC rate is $4,757 per peak hour trip. Therefore the SDC for an RV park would be $1,284 per site (0.27 X $4,757). County practice for motels, hotels, campgrounds and similar itinerant lodging is to assume 100% occupancy. V. Land Use Board of Appeal Decisions LUBA has issued a series of decisions relatively recently on RV parks that may complicate expansion opportunities. In certain circumstances, LUBA has determined RV parks are considered an urban use requiring an exception to Goal 14, Urbanization.' • Urbanizationj Goal 14 Rule — Urban Uses on Rural Land. A proposed RV Park with permanently stationed recreational vehicles is an urban use of rural land under the first factor set out in 1000 Friends of Oregon v. LCDC (Curry Co.), 301 Or 447, 724 P2d 268 (1986). Baxter v. Coos County, 58 Or LUBA 624 (2009). Urbanization/ Goal 14 Rule — Urban Uses on Rural Land. A proposed RV Park with a density of 6 units per acre on land zoned recreation and exclusive farm use is an urban use of rural land. Baxter v. Coos County, 58 Or LUBA 624 (2009). Urbanization/ Goal 14 Rule — Urban Uses on Rural Land. A proposed RV Park on land zoned recreation and exclusive farm use, with 179 permanent spaces for stationary trailers, is more similar to permanent residential occupancy found in a high -density residential subdivision than to temporary or seasonal uses found in an RV Park, and thus is an urban use of rural land. Oregon Shores Conservation Coalition v. Coos County, 55 Or LUBA 545 (2008). ' https://www.oregon.gov/LUBA/docs/Headnotes/18.5.pdf -2- • Urbanization/ Goal 14 Rule — Urban Uses on Rural Land. A proposed RV Park with a density of 7 to 12 units per acre on land zoned recreation and exclusive farm use that is located approximately one mile from a city's urban growth boundary functions more like a residential suburb that would undermine the effectiveness of the city's UGB to contain high density residential development within the UGB, and is an urban use of rural land. Oregon Shores Conservation Coalition v. Coos County, 55 Or LUBA 545 (2008). • Urbanization/ Goal 14 Rule — Urban Uses on Rural Land. A proposed development that includes on - site water and sewer systems that are designed to support a high intensity, dense collection of residential uses is an urban use of rural land. Oregon Shores Conservation Coalition v. Coos County, 55 Or LUBA 545 (2008). • Goal 3 Agricultural Lands ORS 215.283(2), OAR 660-033-0130(19), Private Campgrounds on Agricultural lands. Scott v. Josephine County (LUBA No. 2020-080). LUBA remanded a decision by Josephine County approving a private campground for recreational vehicles on land zoned Exclusive Farm Use (EFU). LUBA remanded the decision to the County based upon one of the petitioner's assignments of error. The County approved the private campground and allowed separate water and sewer hookups to each other camp/recreational vehicle sites. The County justified this decision, seemingly in violation of OAR 6690-033-0130(9)(b), based upon LUBA's allowance of separate hookups for a campground in another case, Linn County Farm Bureau v. Linn County, 63 Or LUBA 347 (2011). However, LUBA noted that the Linn County case involved a public campground, which is not subject to the same administrative rule. The case was remanded to the County for reconsideration on this count. Other aspects of the decision underscored that one must apply the Oregon Shores Conservation Coalition v. Coos County factors on a case -by -case basis. High density park models with permanent residences and extensive infrastructure however, are considered an urban use. 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Staff introduced the basic components of the new law to the Board on July 14, 2021. During that session, staff noted that although implementation ultimately cannot take place until the adoption of statewide wildfire hazard maps in June 2022, there are numerous other provisions of the law that must be addressed at the County level, each with varying degrees of complexity. Staff is presenting these provisions to the Board to identify appropriate decision -making strategies. BUDGET IMPACTS: None ATTENDANCE: Tanya Saltzman, Senior Planner MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Peter Gutowsky, AICP, Planning Manager Tanya Saltzman, AICP, Senior Planner DATE: August 26, 2021 SUBJECT: Senate Bill 391 / Rural Accessory Dwelling Units The purpose of this work session is to follow up on the Board of County Commissioners' (Board) desired strategies for implementation of Senate Bill (SB) 391, which allows counties to allow accessory dwelling units (ADUs) in rural residential areas. Staff introduced the basic components of the new law to the Board on July 14, 2021.' During that session, staff noted that although implementation ultimately cannot take place until the adoption of statewide wildfire hazard maps in June 2022, there are numerous other provisions of the law that must be addressed at the County level, each with varying degrees of complexity. Staff is presenting these provisions to the Board to identify appropriate decision -making strategies. Below, staff will divide the laws various criteria into categories depending on what type of action might be most appropriate —some may be addressed by a relatively simple decision by the Board; some might lend themselves more to community conversations; some may require engagement of partner agencies or experts. This essentially creates a "to do" list for both staff and the Board to address over the coming months, with the goal of defining all criteria that allow local control by the time the wildfire maps are approved at the state level in June of 2022. I. SB 391 Matrix The matrix below, which provides a summary of criteria contained in SB 391, was presented to the Board on July 14; it is reproduced here again in its entirety as it provides the background for the majority of potential decision points. It is also important to note that the law allows counties to impose additional restrictions (for instance, regulating garages). Staff anticipates that additional provisions may emerge as part of the process, but since they are yet to be determined, they do not appear in this matrix. 1 https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-42 SIB 391 - Rural Accessory Dwelling Unit Legislation Eligibility Restrictions Comments • Applies to Rural There are over 10,000 lots in Southern Residential (RR10), Deschutes County. The Oregon Multiple Use Agricultural Department of Environmental Quality (MUA10), Urban Area (DEQ), the US Geological Survey (USGS) 1. Rural Residential Reserve (UAR-10) and and Deschutes County have determined Exception Areas, Exce p Suburban Residential (SR that the safety of the groundwater in Minimum Lot 2.5) zones. southern Deschutes County is threatened Size, and by nitrate contamination from traditional Dwelling • Lot or parcel must be at onsite septic wastewater treatment Requirements least two acres in size. systems.2 • One single-family dwelling . Consider raising the eligible lot or parcel must be sited on the lot or size in this area (South of Sunriver) to 5 to parcel. 10 acres. The existing single-family • ORS 105.550 to 105.600, Abatement of dwelling is not subject to an Nuisance, provide local governments 2. Existing Dwelling order declaring it a nuisance specific authority to abate certain public Nuisance or pending action under ORS nuisance activities that affects the health, 105.550 to 105.600. safety and welfare of its community. • In Southern Deschutes County, rural residential density, even at two acres, can The ADU must comply with all create physical challenges for upgrading 3. ADU Sanitation applicable laws and conventional septic systems and Requirements regulations relating to drainfields. sanitization and wastewater disposal and treatment. • Consider raising the eligible lot or parcel size in this area (South of Sunriver) to 5 to 10 acres. 4. ADU Square The ADU cannot include more Footage than 900 square feet of Useable floor area is undefined. Requirements useable floor area. The ADU is required to be It is unclear whether the ADU in its entirety 5. ADU Distance located no farther than 100 must be within 100 feet of the existing single - Requirements feet from the existing single- family dwelling or just a portion. family dwelling. z https://www.oregon.gov/deq/wq/programs/Pages/Deschutes-Klamath-Groundwater-Protection.aspx -2- Eligibility Restrictions Comments If the ADU is relying on a The Water Resource Commission has not domestic well, no portion of restricted new or existing domestic water use 6. ADU Water the lot or parcel can be within in Deschutes County for 1) watering any lawn Supply new or existing ground water or noncommercial garden, not exceeding Requirements uses restricted by the Water one-half acre, or 2) serving a domestic use, Resource Commission. not exceeding 15,000 gallons a day. A county may require that an ADU be served by the same water supply source or water 7. ADU Water supply system as the existing Supply Source single-family dwelling, This provision is optional. Option provided such is allowed by an existing water right or a use under ORS 537.545 (exempt uses).3 8. ADU / Metolius No portion of a lot or parcel The Oregon legislature designated the Area of Critical can be within a designated Metolius River Basin as an "area of critical State Concern / area of critical state concern. statewide concern" in 2009. Limitations The ADU is required to have 9. ADU Setback adequate setbacks from adjacent lands zoned Adequate setbacks are not defined. Requirements Exclusive Farm Use (EFU) or Forest Use. s https://oregon.public.law/statutes/ors_537.545 -3- Eligibility Restrictions Comments ORS 477 pertains to the wildland-urban interface (WUI), formerly known as the forestland-urban interface. SB 762, adopted in June 2021, rewrites several sections of ORS 477 cited in SB 391. Most significantly, the The lot or parcel must comply new provisions of ORS 477 require the State 10. ADU / Wildland- with the rules of the State Board of Forestry to define the wildland- Urban Interface Board of Forestry under ORS urban interface based on national best Requirements 477.015 to 477.061.4 practices and define criteria and classes of the WUI to be included in the statewide wildfire hazard map. Until the provisions of the revised ORS 477 are met at the state level, the County will be unable to define the related criteria in SB 391. If the ADU is not subject to ORS 477.015 to 477.061 (i.e. 11. ADU / Outside outside of the newly -defined Wildland-Urban wildland-urban interface), it must have defensible space See above re: ORS 477. Interface Area and fuel break standards as Requirements developed in consultation with local fire protection service providers. 4 Provisions in ORS 477.015-061, Urban Interface Fire Protection, were established through efforts of the Oregon Department of Forestry, the Office of the State Fire Marshal, fire service agencies from across the state, and the Commissioners of Deschutes, Jefferson, and Jackson Counties. It is designed to address the expanding interface wildfire problem within Oregon Department of Forestry Fire Protection Districts. Full implementation of the statute occurred on January 1, 2002. The statute does the following: 1. Directs the State Forester to establish a system of classifying forestland-urban interface areas; 2. Defines forestland-urban interface areas; 3. Provides education to property owners about fire hazards in forestland-urban interface areas. Allows for a forestland- urban interface county committee to establish classification standards; 4. Requires maps identifying classified areas to be made public; 5. Requires public hearings and mailings to affected property owners on proposed classifications; 6. Allows property owners appeal rights; 7. Directs the Board of Forestry to promulgate rules that set minimum acceptable standards to minimize and mitigate fire hazards within forestland-urban interface areas; and 8. Creates a certification system for property owners meeting acceptable standards. Establishes a $100,000 liability limit for cost of suppressing fires, if certification requirements are not met. -4- Eligibility Restrictions Comments • Statewide wildfire risk maps must first be approved per SB 762. 12. ADU / Statewide . ADUs are then required to The State of Oregon wildfire risk maps are Wildfire Map comply with the Oregon anticipated for adoption in mid-2022. Requirements residential specialty code relating to wildfire hazard mitigation for the mapped area (R327.4). 13. ADU Adequate Local regulations must ensure This provision will require coordination with Access and the ADU has adequate access Rural Fire Protection and Road Districts. Evacuation for for firefighting equipment, Adequate access, safe evacuation and staged Firefighting safe evacuation and staged evacuation areas are not defined. Requirements evacuation areas ADUs cannot be allowed for Consider requiring a restrictive covenant that 14. ADU Occupancy vacation occupancy, as is recorded, prohibiting the ADU from being Requirements defined in ORS 90.100. used as a vacation rental. 15. ADU Land If land divided, the single Division family dwelling and ADU None. cannot be situated on a Requirements different lot or parcel. Legislative amendments will need to clarify 16. ADU / Additional A second ADU is not allowed. that a medical hardship dwelling and/or RV Units are not allowed. ll. Decision Points by Category Below, staff offers for the Board's consideration the organization of the above criteria into several categories of ways the Board may choose to define said criteria. These categories will enable the Board and staff to more efficiently undertake the numerous components of the law as well as determine what issues may require more resources and/or time to address. A. Criteria that can be determined directly by the Board This category of criteria includes decisions that appear to be relatively straightforward. Staff can conduct research and/or provide background to the Board to enable informed decision -making for each item. -5- Topic Description Decision Point/Action ADU Square Footage ADUs cannot include more than 900 "useable Define "useable floor area" square feet of floor area." Determine whether the ADU in The ADU is required to be located no its entirety must be within 100 ADU Distance farther than 100 feet from the existing feet of the existing single - Requirements single-family dwelling. family dwelling or just a portion. ADUs cannot be allowed for vacation Determine how to enforce (i.e. ADU Occupancy occupancy restrictive covenant or other?) A county may require that an ADU be served by the same water supply source Determine if the county should ADU Water Supply or water supply system as the existing require the ADU to be served single-family dwelling, provided such is by the same water supply allowed by an existing water right or a use under ORS 537.545 (exempt uses). ADU Setback The ADU is required to have adequate setbacks from adjacent lands zoned Define "adequate setbacks" Requirements Exclusive Farm Use (EFU) or Forest Use. While not part of the text of SB 391, the county may decide to process rural ADU applications ministerially or as a limited Decide preferred procedure Decision Type land use decision. This will have an for processing applications effect on the requirements set forth in the code. B. Criteria that requires staff coordination with outside experts/agencies This category of criteria will require input from and coordination with experts or agencies/groups from outside of Community Development, and may entail a process that takes several meetings (internal, external, reporting back to the Board). Topic Description Decision Point/Action • Coordinate with Rural Fire ADU Adequate Access Local regulations must ensure the ADU Protection and Road and Evacuation for has adequate access for firefighting Districts. Firefighting equipment, safe evacuation and staged • Define adequate access, Requirements evacuation areas. safe evacuation and staged evacuation areas. -6- C. Criteria that the Board may consider for community conversations This category of criteria is more complex than those listed above, and may benefit from outreach or community conversations in some form, whether a survey, open house, or other type of public forum. The Board may also choose to take action directly (as with the provisions in Section A above) and allow the public to weigh in during the formal adoption process, as they will for all provisions of the law. Topic Description Decision Point/Action • Consider raising the eligible lot or parcel size in this area (South of Sunriver) to 5 to 10 acres. • In Southern Deschutes County, rural residential density, even at two acres, can create physical challenges for upgrading conventional septic systems Lot or parcel must be at least two and drainfields. acres in size. • There are over 10,000 lots Minimum lot size for • The ADU must comply with all in Southern Deschutes eligible properties applicable laws and regulations County. The Oregon relating to sanitization and Department of wastewater disposal and treatment. Environmental Quality (DEQ), the US Geological Survey (USGS) and Deschutes County have determined that the safety of the groundwater in southern Deschutes County is threatened by nitrate contamination from traditional onsite septic wastewater treatment systems. While not addressed in SB 391, The introduction of rural ADUs in certain the Board may want to Wildlife Area Combining areas could require analysis relating to consider compatibility of rural Zone compatibility Goal 5 wildlife resources. ADUs with the Wildlife Area Combining Zone -7- D. Wildfire -related criteria - no current actions required for the Board This category of criteria relate to wildfire, and are linked to Senate Bill 762, which addresses wildfire in a comprehensive, far-reaching law that continues to be monitored by staff and discussed with the Board. Until milestones are met for SB 762, there are no action items or decision points for the Board. Topic Description Decision Point/Action Statewide wildfire risk Statewide wildfire risk maps must first • No Board decision - maps maps be approved per SB 762. will be adopted in June 2022 • No Board action at this time. • Until the provisions of the revised ORS 477 are met at the state level, the County will be unable to define the related criteria in SB 391. • ORS 477 pertains to the wildland-urban interface (WUI), formerly known as Wildland-Urban The lot or parcel and accessory dwelling the forestland-urban Interface (WUI) unit must comply with rules of the State interface. SB 762 rewrites Board of Forestry under ORS 477.015 to several sections of ORS 477 requirements 477.061 cited in SB 391. Most significantly, the new provisions of ORS 477 require the State Board of Forestry to define the wildland-urban interface based on national best practices and define criteria and classes of the WUI to be included in the statewide wildfire hazard map. • Similar to the above item, If the ADU is not subject to ORS 477.015 no Board action until the to 477.061 (i.e. outside of the newly- provisions of ORS 477 (WUI Non-Wildland-Urban defined wildland-urban interface), it definition) are met. Interface (WUI) must have defensible space and fuel • Depending on definition, Requirements break standards as developed in staff may need to consultation with local fire protection coordinate with rural fire service providers. protection districts to develop defensible space and fuel break standards. -8- E. Criteria requiring no action at this time This category of criteria requires no decisions or actions by the Board or staff other than eventually incorporating language into proposed code amendments. Topic Description Decision Point/Action Applies to Rural Residential (RR10), Multiple Use Agricultural (MUA10), Zoning Urban Area Reserve (UAR-10) and None Suburban Residential (SR 2.5) zones. Existing dwellings One single-family dwelling must be sited None on the lot or parcel. The existing single-family dwelling Existing dwelling cannot be subject to an order declaring nuisance it a nuisance or pending action under None ORS 105.550 to 105.600. None - The Water Resource Commission has not restricted If the ADU is relying on a domestic well, new or existing domestic water no portion of the lot or parcel can be use in Deschutes County for 1) ADU Water Supply within new or existing ground water watering any lawn or uses restricted by the Water Resource noncommercial garden, not Commission. exceeding one-half acre, or 2) serving a domestic use, not exceeding 15,000 gallons a day. No portion of a lot or parcel can be Properties within the Metolius Area of Critical State within a designated area of critical state River Basin Area of Critical Concern / Limitations concern. State Concern will not be eligible. The lot or parcel cannot be located Urban Reserve within an area designated as an urban None. reserve as defined in ORS 195.137. Land Division If land divided, the single family dwelling and ADU cannot be situated on a None. Requirements different lot or parcel. Legislative amendments will Additional Units A second ADU is not allowed need to clarify that a medical hardship dwelling and/or RV are not allowed. W III. Next Steps Staff seeks direction from the Board for its desired approach to the elements of the law as described above. Staff can return to the Board to address a selection of criteria chosen from the above tables, addressing criteria in batches as the Board sees fit over the next several months.