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2021-445-Minutes for Meeting October 27,2021 Recorded 11/9/2021C�vi ES COG 2 Recorded in Deschutes County BOARD OF CJ2021-445 Steve Dennison, County Clerk ( COMMISSIONERS Commissioners' .journal 11 /09/2021 2:27:51 PM 1300 NW Wall Street, Bend, Oregon � l II�IIIIIII'�IIIIIIIIIIII (541) 388-6570 2021-445 •[oil]•A FOR RECORDING STAMP ONLY BOCC MEETING MINUTES Wednesday, October 27, 2021 BARNES & SAWYER ROOMS VIRTUAL MEETING PLATFORM Present were Commissioners Patti Adair, Anthony DeBone, and Phil Chang. Also present were Nick Lelack, County Administrator; Dave Doyle, County Legal Counsel; and Sharon Keith, Board Executive Assistant (via Zoom conference call) This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website www.deschutes.org/meetings CALL TO ORDER: Chair DeBone called the meeting to order at 9:00 a.m. PLEDGE OF ALLEGIANCE: CITIZEN INPUT: None presented Commissioner Adair announced that the COVID Update today will include the break through COVID positive case numbers. BOCC MEETING OCTOBER 27, 2021 PAGE 1 OF 8 CONSENT AGENDA: Before the Board was consideration of the Consent Agenda. ADAIR: Move approval of Consent Agenda CHANG: Second Discussion: Commissioner Chang is interested in exploring the tax foreclosed property receipts. Commissioner DeBone acknowledged the information received from Finance. VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 1. Consideration of Board Signature of Resolution No. 2021-074, Converting FTE Within the Clerk's Office and 2021-2022 Deschutes County Budget 2. Consideration of Board Signature of Order No. 2021-058, Approving and Confirming the Sale of Certain Real Property Acquired by Deschutes County 3. Consideration of Board Signature to Thank Linda Ray of River Forest Acres Special Road District 4. Consideration of Board Signature to Appoint Kate Reed to the River Forest Acres Special Road District ACTION ITEMS: 1. Consideration of Board Signature of Document No. 2021-651, Bend La Pine School District Intergovernmental Agreement Public Health Manager Tom Kuhn and Healthy Schools Supervisor Aimee Snyder presented the item via Zoom conference call. Mr. Kuhn noted a total of seven staff would be hired to cover the services in the agreement. ADAIR: Move approval of Document No. 2021-651 CHANG: Second BOCC MEETING OCTOBER 27, 2021 PAGE 2 OF 8 VOTE: ADAI R: CHANG: DEBONE: Yes Yes Chair votes yes Motion Carried 2. PUBLIC HEARING: to Approve the conveyance of County -owned property to the City of Redmond and Consideration of Board Signature of Order No. 2021-053, Authorizing the Deschutes County Property Manager to execute the documents associated with the conveyance of County owned property located south of SW Salmon Avenue and SW 35t" Street and east of SW Salmon Court, Redmond Property Manager Kristie Bollinger presented the purpose of the public hearing on the matter. Commissioner DeBone opened the public hearing and called for testimony. Seeing none, Commissioner DeBone closed the public hearing. Commissioner Chang inquired on the City of Redmond's design for open space and Ms. Bollinger noted they are not in the design phase yet. ADAIR: Move approval of Order No. 2021-053 CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 3. PUBLIC HEARING: to Approve the conveyance of County -owned property to the City of Redmond and consideration of Board Signature for Order No. 2021-054, Authorizing the Deschutes County Property Manager to execute the documents associated with the conveyance of County owned property located at the southeast corner of NW Greenwood Avenue and NW 32"d Street Redmond Property Manager Kristie Bollinger presented the purpose of the public hearing on the matter. Commissioner DeBone opened the public hearing BOCC MEETING OCTOBER 27, 2021 PAGE 3 OF 8 and called for testimony. Seeing none, Commissioner DeBone closed the public hearing. Commissioner DeBone inquired if the surrounding property owners have been notified and Ms. Bollinger stated notifications will be sent to the property owners. CHANG: Move approval of Order No. 2021-054 ADAIR: Second VOTE: CHANG: Yes ADAI R: Yes DEBONE: Chair votes yes. Motion Carried OTHER ITEMS: • Commissioner Chang spoke on the 1017 Project that was discussed during the last ARPA discussion and researched the project and finds that he supports their work. He has also contacted the High Desert Food and Farm for the possibility of offering ARPA funds. 4. Discussion of Whether to hear appeal of Hearings Officer's approval of an application on remand from LUBA and Oregon Court of Appeals to establish Phase A-1 of the Thornburgh Destination Resort and Consideration of Board Order No. 2021-059 CDD Director Peter Gutowsky introduced Planner Angie Brewer. Via Zoom conference call was Angie Brewer and Assistant Legal Counsel Adam Smith. Ms. Brewer presented the staff report regarding whether to hear or decline hearing the appeal on the matter. Staff recommendation is to decline to hear the appeal. Sr. Planner Will Groves reported on the phases of this application involving the issue of water sources. Mr. Gutowsky reviewed the history of the Master Plans for the Thornburgh Destination Resort throughout the past 16 years. Discussion held on the community's concerns with water usage. Mr. Smith provided clarity on the pending legal issue BOCC MEETING OCTOBER 27, 2021 PAGE 4 OF 8 (population limit on destination resort) that has been appealed to the Oregon Supreme Court. Smith noted that the Court is not required to hear the appeal. ADAIR: Move approval of Order No. 2021-059 declining to hear the appeal CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 5. COVID19 Update Health Services Staff Dr. George Conway, Nahad Sadr-Azodi presented the update. Health Services Staff via Zoom conference call were Dr. Michael Johnson, Emily Freeland, Rita Bacho, and Cheryl Smallman. Presentation is attached to the record. 6. Status Update regarding Consideration of Cascade Medical Transport as a Proposed Subcontractor to Provide Certain Ambulance Services for the La Pine Rural Fire Protection District Sr. Assistant Legal Counsel Chris Bell presented the status update. Present via Zoom conference call were Tom Kuhn, ASA Advisory Committee Administrator; Chief Ken Kehmna, and Chief Mike Supkis. Commissioner DeBone confirmed this is a status update regarding this item. Chief Kehmna presented the update from the last meeting of the Central Oregon Fire Chiefs Association and noted there is no opposition expressed for La Pine moving forward. One concern raised was the likelihood of a large ambulance provider and continuity of ambulance services in the future. Chief Supkis noted the resources are desperately needed and asked the BOCC MEETING OCTOBER 27, 2021 PAGE 5 OF 8 Board to consider moving forward. Tom Kuhn expressed his support of moving forward with the contract with CMT. His concerns were that specific locations were identified in the contract rather than services to the general community. He also noted concerns with staging the ambulance in Bend to create a much longer response time. Commissioner Chang noted concerns with the way the contract is structured noting specific locations for service and not phrased to provide adequate levels of service and response for the community. He asks that the contract be revised. Chief Supkis noted he is not opposed to take out the four addresses listed in the contract. The proposed contract is an agreement between the La Pine Fire District and Cascade Medical Transport. County Counsel Doyle recommended a Board Order of approval (to include as an Exhibit, a copy of the final agreement between La Pine and CMT). The Board (Chang and DeBone) recommend amending the contract to eliminate the specified four service addresses. Commissioner Adair expressed concern for CMT's business model if not able to specify locations for their service. Mr. Bell also recommended removing the signature line for Deschutes County from the contract. The Order will be presented to the Commissioners next week. RECESS: At the time of 11:58 a.m. the Board went into recess and reconvened at 1:00 P.M. 7. Update on SB391 / Rural Accessory Dwelling Units Community Development Department Sr. Planner Tanya Saltzman provided the staff update and draft of code language pertaining to Senate Bill 391 and timeline expected for next steps. CDD Director Peter Gutoswky commented on coordination for legislative terminology. Commissioner DeBone recommended seeking clarity during the upcoming short legislative session. County Administrator Lelack commented on the process of the State placing this item within local county control. Ms. Saltzman commented on upcoming BOCC MEETING OCTOBER 27, 2021 PAGE 6 OF 8 discussions with local agencies regarding emergency evacuation access, potential public outreach process, and steps through the Planning Commission. Commissioner DeBone requested an analysis on the parcel size as well as those relative to the need for onsite wastewater disposal and treatment. OTHER ITEMS: • Commissioner Adair reported on the COVA Meeting yesterday • Commissioner DeBone met with a Commissioner from Lake County yesterday • Commissioner Chang spoke on discussions at this month's joint meeting with the City of Sisters and proposed investments for affordable housing and winter weather shelters. EXECUTIVE SESSION: County Counsel Doyle noted the Litigation executive session identified on the Agenda is no longer needed at this time. Doyle also made note that the Board could exclude the media from executive sessions held to discuss labor negotiations. At the time of 1:43 p.m., the Board went into Executive Session under ORS 192.660 (2) (d) Labor Negotiations. Media was not excluded. The Board came out of Executive Session at 2:23 p.m. At the time of 2:23 p.m., the Board went into Executive Session under ORS 192.660 (2) (e) Real Property Negotiations. The Board came out of Executive Session at 2:39 p.m. Commissioner DeBone announced the joint Meeting with the City of La Pine this evening at 5:30 p.m. BOCC MEETING OCTOBER 27, 2021 PAGE 7 OF 8 ADJOURN: Being no business brought before the Commissioners, the meeting was adjourned at 2:40 p.m. DATED this___ Day of 0Vo1v 2021 for the Deschutes County Board of Commissioners. ATTEST: RECORDING SECRETARY ANTHONY DEBONE, CHAIR — �'� 6'-� PHIL CHANG, VICE CHAIR PATTI ADAIR, COMMISSIONER BOCC MEETING OCTOBER 27, 2021 PAGE 8 OF 8 vI E S CMG �{ BOARD OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 9:00 AM, WEDNESDAY, OCTOBER 27, 2021 Barnes Sawyer Rooms - Deschutes Services Bldg - 1300 NW Wall St - Bend (541) 388-6570 1 www.deschutes.org AGENDA 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. 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 12:00 noon on Tuesday will be included in the meeting record for topics not on the Wednesday agenda. 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 12:00 noon on Tuesday. CONSENT AGENDA 1. Consideration of Board Signature of Resolution No. 2021-074 Converting FTE within the Clerk's Office and 2021-2022 Deschutes County Budget. 2. Consideration of Board Signature of Order No. 2021-058, Approving and Confirming the Sale of Certain Real Property Acquired by Deschutes County 3. Consideration of Board Signature to Thank Linda Ray of River Forest Acres Special Road District 4. Consideration of Board Signature to Appoint Kate Reed to the River Forest Acres Special Road District Board. ACTION ITEMS 5. 9:05 AM Consideration of Board Signature of Document No. 2021-651, Bend La Pine School District Intergovernmental Agreement 6. 9:20 AM PUBLIC HEARING to approve the conveyance of County -owned property to the City of Redmond and Consideration of Board Signature for Order No. 2021-053, authorizing the Deschutes County Property Manager to execute the documents associated with the conveyance of County -owned property located south of SW Salmon Avenue and SW 35th Street and east of SW Salmon Court, Redmond 7. 9:30 AM PUBLIC HEARING to approve the conveyance of County -owned property to the City of Redmond and consideration of Board Signature for Order No. 2021-054, authorizing the Deschutes County Property Manager to execute the documents associated with the conveyance of County -owned property located at the southeast corner of NW Greenwood Avenue and NW 32nd Street, Redmond 8. 9:40 AM Discussion of Whether to hear appeal of Hearings Officer's approval of an application on remand from LUBA and Oregon Court of Appeals to establish Phase A-1 of the Thornburgh Destination Resort and Consideration of Board Order No. 2021-059 9. 10:00 AM COVID19 Update October 27, 2021 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3 10. 11:00 AM Status Update regarding Consideration of Cascade Medical Transport as a Proposed Subcontractor to Provide Certain Ambulance Services for the La Pine Rural Fire Protection District -Added Item LUNCH RECESS 11. 1:00 PM Update on SB 391 / Rural Accessory Dwelling Units 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. 12. Executive Session under ORS 192.660 (2) (e) Real Property Negotiations, ORS 192.660 (2) (d) Labor Negotiations, and ORS 192.660 (2) (h) Litigation 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. 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O c O _. CL Q,Ul Ea)O N N E E s Ln O ° N N a� u a� o� ST J +� ro 4--J > O V c v, z O � � m N 0- 0- rz Ln L v O 4-j O m aU L O E C Ln c 0 L- r L- m •C- 0 N � N pp O � Z bA v r- Q U J o U s oro COMMISSIONERSBOARD OF MEETING DATE: 10/27/2021 SUBJECT: SB 391 / Rural ADUs BACKGROUND AND POLICY IMPLICATIONS: The purpose of this work session is to: a) Present to the Board of County Commissioners a preliminary draft of code language pertaining to SB 391, Rural Accessory Dwelling Units; b) Discuss the anticipated adoption timeline; c) Discuss the opportunities and challenges with respect to adopting state statute into local code, including legal vulnerabilities; and d) Obtain Board feedback on staffs suggested approach to a potential public process. BUDGET IMPACTS: None ATTENDANCE: Tanya Saltzman, Senior Planner Peter Gutowsky, CDD Director MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Tanya Saltzman, AICP, Senior Planner Peter Gutowsky, AICP, Director DATE: October 21, 2021 SUBJECT: Senate Bill 391 / Rural Accessory Dwelling Units The purpose of this work session is to: a) Present to the Board of County Commissioners (Board) a preliminary draft of code language pertaining to SB 391, Rural Accessory Dwelling Units; b) Discuss the anticipated adoption timeline; c) Discuss the opportunities and challenges with respect to adopting state statute into local code, including legal vulnerabilities; and d) Obtain Board feedback on staffs suggested approach to a potential public process. As noted in previous meetings, although implementation of rural ADU legislation ultimately cannot take place until after 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. A. Draft Rural ADU Code Language On September 29, 2021, staff presented to the Board the first set of criteria from SB 391 to interpret locally.' Now, staff has used that discussion to formulate a rough draft of Deschutes County Code (DCC) language, which is helpful in order to view the interrelated components of the various criteria. Attachment A provides draft DCC based on the required provisions of SB 391 and direction received in previous meetings with the Board. In this draft, options for decisions or interpretations are highlighted. These include: • 18.116.370(C)(5) Distance from existing dwelling • 18.116.370(C)(6) Definition of useable floor area • 18.116.370(C)(7) Minimum acreage https://meetings.municode.com/adaHtmIDocument/index?cc=DESCHUTES&me=393ad9ebb3bd4b34b349f968cf79bd49&ip=True 18.116.370(C)(8) Wildlife Area Combining Zone The following subsections pertain to wildfire -related provisions that will be addressed at the state level. While some local decision -making may be necessary at a later date, the County must first wait for the state -level actions to be finalized. • 18.116.370(C)(13) Statewide wildfire risk maps and Oregon residential specialty code • 18.116.370(C)(14) State Board of Forestry standards for properties located in the wildland urban interface • 18.116.370(C)(15) Defensible space and fuel break standards for properties not located in the wildland urban interface Lastly, one provision will require additional coordination between staff and rural fire protection districts, the County Forester, and potentially the Sheriff's Office to determine what constitutes "adequate access for firefighting equipment, safe evacuation and staged evacuation areas." Staff anticipates addressing these criteria may take several coordination meetings with relevant agencies and partners: • 18.116.370(C)(12) Adequate access for firefighting equipment, safe evacuation and staged evacuation areas B. Timeline As noted previously, staffs goal is to address the elements of the legislation that can be addressed locally, while the state is simultaneously addressing the wildfire -related provisions in SB 391—most significantly, the adoption of statewide wildfire risk maps, for which the deadline is June 30, 2022.2 Staff's goal is to be able to formally initiate the legislative amendment process as soon after the completion of state -level tasks as possible, acknowledging that it is currently unclear exactly what the completion of those state - level tasks will look like —for instance, there may be further coordination required depending on the definition of the wildland urban interface (WUI), since SB 391 has separate criteria for those within and outside of the WUI. The proposed timeline below seeks to maximize the available time between now and the adoption of the state wildfire maps, after which point the formal legislative process may be initiated. The timeline offers two options with respect to public hearings: the Board can choose to have the Planning Commission conduct the first evidentiary hearing and then proceed to a Board hearing, or the Board can conduct the first evidentiary hearing following a Planning Commission review of the amendments. Proposed Timeline November - Staff coordination with rural fire protection districts, emergency services, December 2021 County Forester December - January Staff finalizes first draft of code, which includes options for certain provisions 2021 2 Senate Bill 762 is a comprehensive wildfire law that addresses the specific requirements of the wildfire hazard maps, as well as other wildfire -related components that are intertwined with SB 391. -2- Public outreach: Planning Commission -facilitated outreach with public and Winter 2022 stakeholders Staff coordination with Board following up on outreach, performing Spring 2022 additional changes to code based on outreach, vetting code language with other CDD divisions June 30, 2022 Wildfire Hazard Maps finalized by state Staff finalizes text amendments based on state wildfire maps and related criteria July 2022 NOTE: The above estimate assumes that documents coming out of state wildfire processes will be relatively straightforward; it is possible staff may need more time to interpret/coordinate based on wildfire outcomes July 2022 Staff initiates 35-day notice to DLCD of first evidentiary hearing Track 1 Track 2 Late July 2022 Work session with Late July 2022 Review with Planning Planning Commission Commission August 2022 First evidentiary hearing August 2022 Work session with BOCC with Planning Commission September 2022 Work session with BOCC August or September Late September BOCC public hearing 2022 BOCC public hearing 2022 C. Challenges of translating of state law into local code The process of turning state law into clear and objective code language can be difficult, depending on the level of clarity provided in the original law. In the case of SB 391, many components are undefined and ambiguous, which can make for a challenging "translation" process. Those imperfections in the law can result in a wide range of local interpretations, and because of this may have the potential for legal vulnerability. To minimize that risk, the Board may choose to consider adopting the most conservative interpretations of various criteria. For example, for the interpretation of the ADU being "no farther than 100 feet" from the primary dwelling, the least ambiguous interpretation would be to require the ADU to be completely within 100 feet. D. Public Process Staff looks to the Board for feedback on a potential public process in early 2022. Staffs suggested approach moving forward recognizes that several of the outstanding interpretations or decisions in the law noted above may benefit from input from the Planning Commission, stakeholders, and the public. To that end, staffs goal is to first complete the initial draft by conducting the necessary coordination to create draft language for 18.116.370(C)(12), Firefighting Access and Evacuation Areas. Staff would then -3- take this draft —which includes the provisions with several options as listed above —through an initial public process to receive input on the draft language and options. This process would be facilitated by the Planning Commission, and the public and local stakeholders would be invited to participate. While ultimately there will still be a formal public hearing as part of the legislative amendment process in 2022, making the public aware of the criteria in the law and receiving input early on will help staff and the Board ensure a robust public process for what will ultimately be a significant land use change for the County. After the public outreach is complete, staff will reconvene with the Board to provide a summary of the input received, likely in early 2022, and will work to refine the amendments based on that input and on Board direction. This will allow for ample time to conduct further research and/or coordination as necessary prior to the state -level wildfire criteria being met. E. Next Steps Staff seeks Board input on the above timeline and proposed outreach strategy. With the Board's permission, staff will initiate coordination concerning the "adequate access" provisions of SB 391 and then craft associated code language, culminating in the first draft for release. Staff will then work with the Planning Commission to initiate public outreach. Alternatively, staff can proceed with a different approach, if suggested by the Board. Attachments Draft DCC 18.116.370 -4- Bold type: options for BOCC consideration Yellow highlight: wildfire -related, to be addressed later, may also require subsequent Board direction CHAPTER 18.116 SUPPLEMENTARY PROVISIONS 18.116.370 Rural Accessory Dwelling Units 18.116.370 Rural Accessory Dwellinq Units A. The purpose of DCC 18.116.070 is to, consistent with provisions of state law, provide for the allowance of accessory dwelling units in rural residential areas. B. Definitions. As used in this section: 1. "Accessory dwelling unit" means a residential structure that is used in connection with or that is auxiliary to an existing single-family dwelling or manufactured home. 2. "Rural residential use" means a lot or parcel located in the RR-10, MUA-10, UAR-10, or SR 2'/2 zones, consistent with the definition in ORS 215.501. 3. "Single-family dwelling" or "manufactured home" means a residential structure designed as a residence for one family and sharing no common wall with another residence of any type. 4. "Vacation occupancy" means occupancy in a dwelling unit, not including transient occupancy in a hotel or motel, that has all of the following characteristics: a. The occupant rents the unit for vacation purposes only, not as a principal residence; b. The occupant has a principal residence other than at the unit; and c. The period of authorized occupancy does not exceed 45 days. C. One accessory dwelling unit is permitted outright on a lot or parcel zoned for rural residential use, provided: 1. One single-family dwelling is sited on the lot or parcel; 2. The lot or parcel is not located within the Redmond Urban Reserve Area, consistent with ORS 195.137; 3. No portion of the lot or parcel is within the Metolius Area of Critical State Concern, as defined in ORS 197.416; 4. The accessory dwelling unit will have a minimum setback of 100 feet between the accessory dwelling unit and adjacent land zoned F-1, F-2, or EFU and meet the other minimum setback requirements of the underlying zone and combining zones; Distance from Existing Dwelling 5. The accessory dwelling unit will be located no farther than 100 feet from the existing single-family dwelling; OPTION 1: The entirety of the useable floor area of the accessory dwelling unit will be located no farther than 100 feet from the existing single family dwelling; OPTION 2: The accessory dwelling unit will be located no farther than 100 feet from the existing single family dwelling, measured by the nearest part of the useable square feet of the accessory dwelling unit; Useable Floor Area 6. The accessory dwelling unit will not include more than 900 square feet of useable floor area, where "useable floor area" means OPTION 1: The area included within the surrounding insulated exterior walls; OPTION 2: The area included within the surrounding insulated exterior walls, exclusive of garages, carports, decks and porch covers. Minimum Acreage 7. The lot or parcel is at least two acres in size; with the exception of those unsewered areas between Sunriver and the Klamath County border; defined as those unincorporated portions of Deschutes County contained in Townships 19S, 20S, 21 S, and 22S and Ranges 9E, 10E and 11 E: OPTION 1: the minimum lot or parcel size must be at least five acres in size OPTION 2: the minimum lot or parcel size must be at least ten acres in size Wildlife Areas 8. OPTION 1: The lot or parcel is not located within a Wildlife Area Combining Zone. OPTION 2: A garage located in a Wildlife Area Combining Zone may be constructed to support the accessory dwelling unit, provided the garage is no larger than xxx square feet and complies with applicable siting standards in this section and the setbacks of the underlying zones and other combining zones. The garage may be either attached or detached to the accessory dwelling unit and does not count towards the useable square footage standards set forth in 18.116.370(C)(6). 9. The accessory dwelling unit receives approval from a sewer authority or Deschutes County Environmental Soils for onsite wastewater disposal and treatment; 10. The lot or parcel is served by one of the structural fire agencies serving Deschutes County: Alfalfa Rural Fire Protection District; Bend Fire and Rescue; Black Butte Ranch Rural Fire Protection District; Cloverdale Rural Fire Protection District; Crooked River Ranch Rural Fire Protection District; Deschutes Rural Fire Protection District #2; La Pine Rural Fire Protection District; Redmond Fire & Rescue; Sisters -Camp Sherman RFPD; Sunriver Fire and Rescue; 11. The existing single-family dwelling property on the lot or parcel is not subject to an order declaring it a nuisance or subject to any pending action under ORS 105.550 to 105.600; 12. The accessory dwelling unit has adequate access for firefighting equipment, safe evacuation and staged evacuation areas; 13. Statewide wildfire risk maps have been approved and the accessory dwelling unit complies with the Oregon residential specialty code relating to wildfire hazard mitigation for the mapped area; 14. The lot or parcel and accessory dwelling unit comply with rules of the State Board of Forestry under ORS 477.015 to 477.061; and 15. If the accessory dwelling unit is not subject to ORS 477.015 to 477.061, the accessory dwelling unit has defensible space and fuel break standards as developed in consultation with local fire protection service providers. D. The applicant shall sign and record with the County Clerk a restrictive covenant stating an accessory dwelling unit allowed under this section to be used for vacation occupancy, as defined in DCC 18.116.370(B) and consistent with ORS 90.100. E. An accessory dwelling unit under this section is not authorized for : 1. A subdivision, partition, or other division of the lot or parcel so that the existing single-family dwelling is situated on a different lot or parcel than the accessory dwelling unit. 2. Construction of an additional accessory dwelling unit including a medical hardship dwelling on the same lot or parcel. F. If the accessory dwelling unit is served by a well, the construction of the accessory dwelling unit shall maintain all setbacks from the well required by the Water Resources Commission or Water Resources Department. G. An existing single-family dwelling and an accessory dwelling unit allowed under this section are considered a single unit for the purposes of calculating exemptions under ORS 537.545(1). HISTORY Adopted by Ord. 2022-xxx §x on xxlxxl2022