2022-96-Minutes for Meeting March 02,2022 Recorded 3/15/2022\)TES COG2�
{ BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
Recorded in Deschutes County C J2®22-96
Steve Dennison; County Clerk
Commissioners' Journal 03/15/2022 8:17:10 AM
�yC�V(ES
2022-96
FOR RECORDING STAMP ONLY
WEDNESDAY, March 2, 2022 Barnes Sawyer &
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 Adair called the meeting to order at 9:00 a.m.
PLEDGE OF ALLEGIANCE:
Ca MAWTO 101111 i
Commissioner Adair acknowledged emails received through the Citizen Input line
regarding Worrell Park and the Simpson Avenue Request For Proposals.
Ron Boozell presented comment on the homeless or houseless population and the
responsibility of making trash collection an option.
BOCC MEETING MARCH 2, 2022 PAGE 1 OF 8
Paula Latasa presented an email regarding support of a CPACE program.
Craig Chenowith, commented on the Simpson property RFP and requested a better
process including a partnership with the community.
Dana Wilson, commented on the Simpson property RFP and noted the community
request to add criteria to the RFP.
The Board thanked everyone for their comments and spoke on the request for
proposal process and the property involvement with Deschutes County and City of
Bend.
Erik Houston, commented on concerns with the Simpson Avenue request for
proposals and the opportunity to work with the neighborhood.
Michelle Houston, supported the neighborhood and affordable housing but is
hoping the developer will be mindful to keep it in a design of the existing
neighborhood.
DEBONE: Move approval of Consent Agenda, minus item 2 as pulled for
discussion and item 4 to be considered at a later date.
CHANG: Second
VOTE: DEBONE: Yes
CHANG: Yes
ADAIR: Chair votes yes. Motion Carried
CONSENT AGENDA:
1. Consideration of Board Signature for Order No. 2022-007, authorizing the
Deschutes County Property Manager to execute and record the documents
associated with lot line adjustments as required by the City of La Pine
2. Consideration of Board Signature of Document No. 2022-217, a
Memorandum of Understanding for the Central Oregon Ready, Responsive,
Resilient known as CORE3; formally known as the Regional Emergency
Services Training and Coordination Center (RESTCC)
BOCC MEETING MARCH 2, 2022 PAGE 2 OF 8
3. Consideration of Board Signature of Document No. 2022-218, a System
Development Charges Exemption Agreement with the City of Bend
4. Consideration of Resolution No. 2022-015 to convert a limited duration FTE
to regular FTE, Health Services
5. Consideration of Board Signature of Resolution No. 2022-017, Correcting the
membership number for Oregon Living with Fire (OLWF)
6. Consideration of Board Signature on Letter of Appointment for Dean Bolden
to the Deschutes River Recreation Homesites Special Road District #8 Board
7. Consideration of Board Signature on Letter of Thanks for Lester Todd
Moorman for service on the Deschutes River Recreation Homesites Special
Road District #8 Board
8. Consideration of Board Signature on Reappointment Letters to Susan Baker,
Jared Black, Bill Duerden, Paul Bertagna, Jake Obrist, Cassie Lacy, Mike Riley,
and Erwin Swetnam to the Solid Waste Advisory Committee
9. Consideration of Board Signature on Letters of Thanks to Catherine Morrow,
Jerry Andres, and Rick Williams for service on the Solid Waste Advisory
Committee
10.Consideration of Board Signature on Letter of Reappointment for Christina
Lee to the Behavioral Health Advisory Board
ACTION: ITEMS:
Consent Agenda Item 2 as pulled for discussion: Consideration of Board Signature
of Document No. 2022-217, a Memorandum of Understanding for the Central
Oregon Ready, Responsive, Resilient known as CORE3; formally known as the
Regional Emergency Services Training and Coordination Center (RESTCC)
Property Manager Kristie Bollinger presented the item for consideration. Scott
Aycock, COIC, spoke on the importance of the project. Redmond Fire and Rescue
Chief Ken Kehmna commented on his appreciation of the Commissioner's support
of the facility. Paula Simone, COCC chair of public service department commented
via Zoom conference call expressing gratitude.
DEBONE: Move approval of Document No. 2022-217
CHANG: Second
Discussion: Commissioner DeBone thanked the team for partnership and support
BOCC MEETING MARCH 2, 2022 PAGE 3 OF 8
of the project and thanked Scott Aycock for his facilitation.
VOTE: DEBONE: Yes
CHANG: Yes
ADAIR: Chair votes yes. Motion Carried
11.PUBLIC HEARING: Consideration of Resolution No. 2022-013,
Transferring Appropriations within the 2021-22 Deschutes County
Budget
Erik Kropp, Risk Manager, and Betsy Tucker, Senior Budget Analyst presented
the Resolution and explained that the need to alter the budget is directly
associated with a jury verdict and settlements of lawsuits filed against Sheriff
Nelson and DCSO. Ms. Tucker explained the request is more than 10% of the
adopted budget. Commissioner Adair opened the public hearing. Mr.
Kropp explained operation of the risk fund. Commissioner Adair called for
testimony, and hearing none, closed the public hearing.
CHANG: Move approval of Resolution No. 2022-013
DEBONE: Second
Discussion: Commissioner Adair requested a copy of the risk fund 670.
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
12.Proclamation Declaring March as Red Cross Month
The Board read the proclamation into the record.
DEBONE: Move adoption of the Proclamation
CHANG: Second
BOCC MEETING MARCH 2, 2022 PAGE 4 OF 8
VOTE: DEBONE: Yes
CHANG: Yes
ADAIR: Chair votes yes. Motion Carried
13.Deliberations: Central Oregon Irrigation District (COID) Plan
Amendment and Zone Change
Associate Planner Tarik Rawlings presented the item for deliberations. The
public hearing was held on January 26, 2022. Commissioner Adair thanked
Mr. Rawlings for his outstanding work. Assistant Legal Counsel Adam Smith
was present via Zoom conference call. The Board deliberated on the five
issues presented. Mr. Smith noted the next step would be to make a motion
to conclude the deliberations and an Ordinance package will be brought to
the Board at a later date.
Commissioner Chang spoke on the desperate need for housing and this type
of location is the perfect place for the growth to happen yet appreciates the
concerns people have with developments. Commissioner DeBone
commented on the land use process and the opportunity to learn about
growth management.
DEBONE: Move acceptance of the Hearings Officer's recommendation
approving the plan amendment and zone change.
CHANG: Second
VOTE: DEBONE: Yes
CHANG: Yes
ADAIR: Chair votes yes. Motion Carried
14.American Rescue Plan Funding Update
Chief Financial Officer Greg Munn presented the update on the American
Rescue Plan funding. Scott Aycock, COIC, presented an update on the small
business grant program. Budget Manager Dan Emerson and Jared Puckett
Program Assistant COIC were present via Zoom. Mr. Puckett reported on the
BOCC MEETING MARCH 2, 2022 PAGE 5 OF 8
business applications received. The Board requested a more detailed
summary of the applications and projected awards.
Mr. Munn presented the remaining list of eligible requests. Commissioner
Adair acknowledged the request from COBA for funding toward the
apprenticeship program. Mr. Emerson stated that request is eligible for
ARPA funding. Commissioner DeBone also expressed support of the
program. Commissioner Chang expressed support but stated there should
be review on the Community Benefits bidding policy as well. Commissioner
DeBone feels they are two separate asks but supports additional education
on Community benefits agreement.
DEBONE: Move support of ARPA funds in the amount of $108,000
allocation to the apprentice program through COBA
CHANG: Second
VOTE: DEBONE: Yes
CHANG: Yes
ADAIR: Chair votes yes. Motion Carried
Other: Commissioner DeBone commented on a potential location for an RV
park in Hampton. Commissioner Chang requested a market proposal before
considering the option.
15.Consideration of Board approval and signature of Youth Villages, Inc.,
Document No. 2022-015
Shannon Brister Raugust, Health Services Program Manager presented the
item via Zoom conference call.
CHANG: Move approval of Document No. 2022-015
DEBONE: Second
VOTE: CHANG:
DEBONE:
ADAI R:
Yes
Yes
Chair votes yes. Motion Carried
BOCC MEETING MARCH 2, 2022 PAGE 6 OF 8
RECESS: At the time of 11:01 a.m. the Board went into Recess and reconvened
the meeting at 11:06 a.m.
16.2022 Legislative Session Update
Phil Scheuers, PAC West, presented the update via Zoom conference call
noting the legislators are on their way to adjournment. A wrap up session
will be scheduled.
OTHER ITEMS:
• Commissioner Adair recommended discussions with the Forest Service in
Sisters for a possible agreement for a community effort for cleanup project.
• Commissioner DeBone attended the virtual meeting for the Eastern Oregon
County Association. Commissioner Adair will join the next scheduled EOCA
meeting.
• Commissioner DeBone attended the RED[ meeting in Redmond this morning.
• Commissioner Chang reported on the meeting of the Public Health Advisory
Board and asked if there was an opportunity to assist them with an event to
celebrate health heroes. Whitney Hale, Deputy County Administrator,
offered support for the event organization.
EXECUTIVE SESSION:
At the time of 11:31 a.m. the Board went into Executive Session under ORS 192.660
(2) (d) Labor Negotiations. The Board came out of Executive Session at 12:07 p.m.
to direct staff to proceed as discussed.
BOCC MEETING MARCH 2, 2022 PAGE 7 OF 8
RECESS: At the time of 12:08 p.m. the Board went into recess and reconvened the
meeting at 1:20 p.m.
EXECUTIVE SESSION Continued:
At the time of 1:20 pm, the Board went into Executive Session under ORS 192.660
(2) (e) Real Property Negotiations. The Board came out of Executive Session at 4:55
p.m.
ADJOURN
Being no business brought before the Commissioners, the meeting was adjourned at 4:55 p.m.
DATED this q Da of v ` 2022 for the Deschutes Count Board of
Y Y
Commissioners.
PATTI ADAI , CHAIR
PHIL CHANG, CO IISSIONER
BOCC MEETING MARCH 2, 2022 PAGE 8 OF 8
01 E S C0G��
BOARD OF
COMMISSIONERS
BOARD OF COUNTY COMMISSIONERS MEETING
9:00 AM, WEDNESDAY, MARCH 02, 2022
Barnes Sawyer Rooms - Deschutes Services Bldg - 1300 NW Wall St - Bend
(541) 388-6570 ( www.deschutes.org
MEETING FORMAT: The Oregon legislature passed House Bill (HB) 2560, which requires that
public meetings be accessible remotely, effective on January 1, 2022, with the exception of
executive sessions. Public bodies must provide the public an opportunity to access and attend
public meetings by phone, video, or other virtual means. Additionally, when in -person testimony,
either oral or written is allowed at the meeting, then testimony must also be allowed electronically
via, phone, video, email, or other electronic/virtual means.
Attendance/Participation options are described above. 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 noon on Tuesday will be included in the Citizen Input meeting record for topics that are
not included 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: Citizen Input may be provided as comment on any topic that is not on the
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 noon on Tuesday in order to be included in the meeting record.
CONSENT AGENDA
1. Consideration of Board Signature for Order No. 2022-007, authorizing the Deschutes
County Property Manager to execute and record the documents associated with lot line
adjustments as required by the City of La Pine
2. Consideration of Board Signature of Document No. 2022-217, a Memorandum of
Understanding for the Central Oregon Ready, Responsive, Resilient known as CORE3;
formally known as the Regional Emergency Services Training and Coordination Center
(RESTCC).
3. Consideration of Board Signature of Document No. 2022-218, a System Development
Charges Exemption Agreement with the City of Bend.
4. Consideration of Resolution No. 2022-015 to convert a limited duration FTE to regular
FTE, Health Services
5. Consideration of Board Signature of Resolution 2022-017, Correcting the membership
number for Oregon Living With Fire (OLWF)
6. Consideration of Board Signature on Letter of Appointment for Dean Bolden to the
Deschutes River Recreation Homesites Special Road District #8 Board.
7. Consideration of Board Signature on Letter of Thanks for Lester Todd Moorman for
service on the Deschutes River Recreation Homesites Special Road District #8 Board.
8. Consideration of Board Signatures on Reappointment Letters to Susan Baker, Jared
Black, Bill Duerden, Paul Bertagna, Jake Obrist, Cassie Lacy, Mike Riley and Erwin
Swetnam to the Solid Waste Advisory Committee.
9. Consideration of Board Signature on Letters of Thanks to Catherine Morrow, Jerry
Andres and Rick Williams for service on the Solid Waste Advisory Committee.
10. Consideration of Board Signature on Letter of Reappointment for Christina Lee to the
Behavioral Health Advisory Board.
March 02, 2022 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3
ACTION ITEMS
11. 9:05 AM PUBLIC HEARING: Consideration of Resolution No. 2022-013, Transferring
Appropriations within the 2021-22 Deschutes County Budget
12. 9:15 AM Proclamation Declaring March as Red Cross Month
13. 9:30 AM Deliberations: Central Oregon Irrigation District (COID) Plan Amendment and
Zone Change
14. 10:15 AM American Rescue Plan Funding Update
15. 11:00 AM Consideration of Board approval and signature of Youth Villages, Inc.,
Document Number 2022-015.
16. 11:10 AM 2022 Legislative Session Update
17. 12:15 PM Executive Session under ORS 192.600 (2) (d) Labor Negotiations
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.
18. 1:30 PM Executive Session under ORS 192.660 (2) (e) Real Property Negotiations
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.
March 02, 2022 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3
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MEETING DATE: Wednesday, March 2, 2022
SUBJECT: Deliberations: Central Oregon Irrigation District (COID) Plan Amendment and
Zone Change
RECOMMENDED MOTION:
Hearings Officer recommends approval of file no. 247-21-000400-PA, 401-ZC pursuant to DCC
22.28.030.
BACKGROUND AND POLICY IMPLICATIONS:
The Board will deliberate on March 2, 2022 in relation to a request for a Plan Amendment and
Zone Change (file no. 247-21-000400-PA, 401-ZQ for a 36.65-acre property to the East of the City
of Bend, submitted by COID. A public hearing was held on January 26, 2022 and the open record
period associated with the request ends on February 16, 2022. The address associated with the
subject property is 61781 Ward Rd, Bend, OR 97702.
BUDGET IMPACTS:
None
ATTENDANCE:
Torik Rawlings, Associate Planner
MEMORANDUM
TO: Deschutes County Board of Commissioners (Board)
FROM: Tarik Rawlings, Associate Planner
Will Groves, Planning Manager
DATE: February 18, 2022
SUBJECT: Deliberations - Central Oregon Irrigation District (COID) Plan Amendment and Zone
Change
The Board of County Commissioners (Board) held a public hearing on January 26, 2022 to consider
a request for a Plan Amendment and Zone Change (file nos. 247-21-000400-PA, 401-ZC) for a 36.65-
acre property to the east of the City of Bend. The Board is scheduled to deliberate on March 2, 2022
in consideration of the request.
I. BACKGROUND
The applicant, COID, is requesting a Comprehensive Plan Amendment to redesignate the subject
property from Agriculture to Rural Residential Exception Area and a Zoning Map Amendment to
rezone the property from Exclusive Farm Use (EFU) to Multiple Use Agricultural (MUA-10). The
applicant's reasoning for the request is that the property was mistakenly identified as farmland, does
not contain high -value soils or other characteristics of high value farmland, and therefore should be
redesignated and rezoned for residential use. The applicant has provided a soil study that identifies
non -high value soils on a majority (-64%) of the subject property. Additionally, the applicant has
provided findings within the burden of proof that demonstrate compliance with state and local
requirements and policies. A public hearing before a Hearings Officer was conducted on August 31,
2021 with the Hearings Officer's recommendation of approval issued on October 13, 2021. The Board
held a public hearing on January 26, 2022 and initiated a 21-day open record period, which concluded
February 16, 2022 at 4:00pm.
II. OPEN RECORD PERIOD
During the initial 7-day segment of the 21-day open record period, staff received four (4) public
comments as new evidence and testimony. During the second 7-day segment of the open record
period, no rebuttals of the new evidence and testimony were received. The applicant's final legal
argument was received on February 15, 2022 at the conclusion of the open record period.
The new evidence and testimony received during the open record largely reiterated concerns that
were raised during public testimony of the Board's public hearing on January 26, 2022. These
concerns include, wildlife impacts, recreational access to the subject property for neighboring
residents, growth management, future potential development of the subject property, traffic safety,
and property values.
III. BOARD DELIBERATIONS
On March 2, 2022, the Board will deliberate on the proposed Plan Amendment and Zone Change
requests. If the Board finds that additional deliberations are necessary, the Board may schedule a
future date for continued deliberations. If the Board finds no additional deliberations are necessary,
the Board may then vote on whether to uphold or overturn the Hearings Officer's recommendation
of approval.
Per DCC Section 22.20.040(D), the review of the proposed quasi-judicial Plan Amendment and Zone
Change is not subject to the 150-day review period typically associated with land use decisions. The
record is available for inspection at the Planning Division and at the following link: 247-21-000400-
PA 401 ZC Central Oregon Irrigation District (COID) Plan Amendment and Zone Change I Deschutes
County Oregon.
Board Decision Matrix
A more thorough review and discussion of the subject proposal's compliance with the applicable
approval criteria and issues is provided in the associated Board Decision Matrix, prepared in
conjunction with this deliberation memorandum.
IV. NEXT STEPS
If the Board determines that additional deliberations are necessary, staff will work with the Board to
schedule a future meeting for continued deliberations. If the Board concludes their deliberations
during the March 2, 2022 meeting, the Board may then vote on whether to uphold or overturn the
Hearings Officer's recommendation of approval. If the Board renders a vote during the March 2, 2022
meeting, staff will coordinate with the Board to return for a future meeting during which a draft
ordinance and relevant exhibits will be presented and a first reading of the ordinance initiated.
ATTACHMENTS:
1. Area Map
2. New Evidence and Testimony (Public Comments)
3. Applicant's Final Legal Argument
4. Board Decision Matrix
Page 2 of 2
247-21-000400-PA, 401-ZC
TAODOC LN
hutes County GIS, Sources: Esri, USGS, NOAA
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Brooke Clark
From: Phoebe Schaab <phoebe.schaab@bend.k12.or.us>
Sent: Monday, January 31, 2022 9:42 AM
To: citizeninput; Tarik Rawlings
Subject: save Larkspur
You don't often get email from phoebe.schaab@bend112.or.us. Learn why this is important
[EXTERNAL EMAIL]
Good morning,
I purchased a home in the Larkspur neighborhood this past year and one of our very favorite things about this
neighborhood is the undeveloped space to the east and the quiet friendly feel to the area. I have a 10 year old
step son who spends lots of time with his friends outside and I have a newborn and a dog I regularly take on
walks to the east. I was expecting the development to occur on Stevens Road but was very sad to hear that it
is being considered right near us, we are 3 houses west of the area being considered. I appreciate your time
and would just like to make a few to advocate for the small amount of wild space we have left in the
neighborhood.
I am aware of the housing crisis in our busy town, buying a house was such a struggle! However I have been
informed that the area to be developed is for 3-7 high end homes which doesn't at all support those who need
housing the most.
Is there a possibility for the city of Bend to consider purchasing the area to be preserved as a park for all to
enjoy?
I am hopeful that if the development occurs there would be some way to preserve a small area (along the
water?) for all to still use for walking.
am wondering if the traffic implications have been considered in the plans. Turning on 27t" is already quite
challenging so i extra people and no extra infrastructure will make this much worse.
Thank you so much for taking the time to read this and consider how much we value the small amount of wild
space we have in the neighborhood.
Phoebe Schaab
Compassion —Gratitude —Positivity
RE
MIDDLE SCHOOL
__.—. we a re c re w �-,�m
Tarik Rawlings
From: cassie blythe <cassandbrooke@hotmail.com>
Sent: Wednesday, February 2, 2022 12:18 PM
To: citizeninput; Tarik Rawlings
Subject: Larkspur Rezoning
Follow Up Flag: Follow up
Flag Status: Completed
You don't often get email from cassandbrooke@hotmail.com. Learn why this is important
[EXTERNAL EMAIL]
Dear Commissioners,
Thank you for extending the time frame for public comment on the Larkspur land rezoning request by COID.
My house directly borders this parcel of land and for that reason I would like to share my thoughts on the
request.
Our family has been in Bend for over 20 years, we have seen the explosive growth and development, some of
this growth we have enjoyed, some not so much.
I'll start by addressing the traffic issue that plagues 27th St. As I pull out each morning for work, it is a scary
game of cat and mouse. Trying to find a small opening to dart out into traffic each morning as it is a steady
stream of cars moving in the Northern direction down 27th street. Forget waiting to turn left and head South,
that isn't an option anymore. As additional homes and subdivisions have been built up and down 271h street,
there has been no improvements to this street. There are NO bike lanes, sidewalks for walking, or turn lanes
for turning. This is a one lane road and each evening when I try to turn left onto Darnel Ave to get to my home
I risk being rear ended, as no turn lane means that traffic behind you must come to a dead stop while they
wait for you to find an opening to turn left. It is a dangerous situation that has led to accidents on this street.
Adding additional housing without the infrastructure to support it doesn't seem wise.
would love to see this parcel be 3-7 homes, although we know full well that this will not be the case after the
land is sold, it will again be rezoned and sold to Pahlish or Hayden. Then it becomes a game of how many
homes can we fit on this land to maximize profits. As my house is at the end of the street, my children play
and ride bikes here in front of my home. We paid quite a bit extra to purchase the end lot so we would have
no traffic for our little ones out front. Our community basketball hoop draws kids and families from all over
the neighborhood as we don't have to constantly watch for cars. Our quality of life in this neighborhood is
high, we enjoy being able to walk our dog on the canal trail meeting our neighbors as we do so. Please,
consider the little people when you are looking at options for zoning this property. Please don't allow rezoning
upon rezoning which would create hundreds of additional cars in and out of our small family neighborhood
each and every day.
Sincerely,
Jesse and Cassie Blythe
Daylily Ave
i
Tarik Rawlings
From: Tracy McGrady <tlmcgrady@comcast.net>
Sent: Wednesday, February 2, 2022 3:56 PM
To: citizeninput; Tarik Rawlings
Subject: Larkspur/COID Rezoning Petition comments
I;,G
You don't often get email from tlmcgrady@comcast.net. Learn why this is important
[EXTERNAL EMAIL]
Board of Commissioners,
I live in the Larkspur neighborhood and the main reasons I moved here was because of the area
around the neighborhood being undeveloped, the canal and trail along the canal, and less traffic.
Since the land to the south of us is now undergoing a large development, that only leaves this small
area as open space to enjoy for the residents. I understand that this property is not public property,
however it is an area that we as residents here enjoy. And with the huge development to the south,
the reasons for rezoning don't really hold up. There will be plenty of new housing in the area with that
development, and much more traffic, so what is the need to add more disruption and chaos to this
area. Not every small piece of property in Bend has to be developed. Bend has been a place many
call home because of the areas of open space that make it more resident friendly. I guess I'm
wondering what the point is of having zoning laws around the city if we're just going to change them
every time the owners (who I'm sure enjoyed an advantage of having it zoned as agricultural - taxes
maybe?) decide they want to increase revenues. That certainly doesn't seem fair to the residents that
purchase property based on the use of the property around them, or the community as a whole. I
hope you will take our concerns seriously and not just make this an exercise in futility for those of us
that care about our neighborhoods and Bend.
Thank you,
Tracy McGrady
Larkspur Neighborhood Resident
Tarik Rawlings
From: Joshua Janes <joshjanes@yahoo.com>
Sent: Wednesday, February 2, 2022 11:06 AM
To: citizeninput; Tarik Rawlings
Subject: Additional Written Testimony for Larkspur Rezoning (File Number 247-21-000400-PA,
401-ZQ
Attachments: petition_signaturesjobs_32087165_20220202184610.csv
Follow Up Flag: Follow up
Flag Status: Flagged
[EXTERNAL EMAIL]
Dear Commissioners,
Thank you for extending the period for which the Larkspur community can provide testimony on the Central
Oregon Irrigation District's rezoning application. In chatting with members of my community, I met many
people who had no idea about this rezoning application. I found this troubling but I hope that the additional time
you've provided will allow at least some of them to provide input.
On that note, as of Wednesday morning, February 2nd, the online petition (cxxan 1-1-s.pgr has 190
signatures in opposition to the rezoning application. Given that this petition is less than two weeks old and there
are less than 300 homes in the Larkspur community (east of 27th St), this is a significant voice. I've included a
list of those names below (see attachment).
In response to some of the issues raised during the public hearing on January 26th, I'd like to emphasize that
Larkspur residents, myself included, understand that the 36 acre parcel east of the neighborhood is private land,
that COID is a business, and that it's current zoning (agricultural) is of little practical value to COID. I also
believe we understand the need to provide increased housing opportunities in Deschutes County. However, I
think there are two major concerns we have with this rezoning application:
The first concern has been stated: Larkspur residents feel the loss of this open space (by "open space" I don't
assume some sort of legal definition or "public access" open space, I simply mean undeveloped land), assuming
eventual development, will affect the neighborhood negatively for reasons including exacerbation of an already
dangerous traffic situation on 27th St, the loss of wildlife habitat, concerns over inadequate utility infrastructure
including sewage/septic and water, increased noise, and decreased quality of life.
The second concern became apparent during the public hearing and that is what appeared to be a lack of
transparency on behalf of the COID and an apparent lack of commitment to the community.
Regarding this lack of transparency, COID lawyer Tia Lewis, said that there is "no plan to develop the land",
but in the same breath said, "worst case it would be 3-7 homes". I would like to point out what should be
obvious: If there are no plans to develop the land, then why go through the expense and trouble of having it
rezoned? And why even research and state a "worst case" scenario, apart from the idea that it might placate the
concerns of the community in some way? To this latter point, if development was indeed restricted to 3-7
homes this probably would ease the concerns of many of us in the Larkspur community, but it also begs the
question: How would 3-7 homes (each of which would surely command very high prices) help provide more
housing opportunities in Deschutes County in any significant way?
Regarding the lack of commitment to the community, this is the bigger issue I take with the rezoning
application. COID is indeed a business but they are also a member of our community. Ms. Lewis stated that if
the land was developed under the Rural Residential Exception Area zoning, "65% of the land would have to
remain open space [undeveloped]", but it took the Board of Commissioners pressing her for her to acknowledge
that, actually, no, that open space would not be public access - it would be private and for the exclusive use of
those who live in that development. Furthermore, she spoke of possible easements for a Canal Trail and
possible plans for improved traffic on 27th (traffic circles), but this was just speculation and she made no
promises or commitments along those lines. In fact, she went so far as to imply that yeah, there is a traffic
problem, but "3-7 new homes wouldn't add to that problem significantly." Well, if you're not part of the
solution then...
I understand Ms. Lewis's job is to represent her client's interests. In applying for rezoning I'm sure she is under
no legal obligation to reveal development plans if they exist or to fix current traffic problems or create parks or
canal trails for the betterment of the community. But I believe it is our job, as a community, to advocate for
ourselves in this way and that it is your job, as the Board of Commissioners, to consider both sides and balance
their needs.
For this reason I would like to ask that the rezoning application, as it currently stands, be denied. I am not
outright opposed to this land being rezoned or even developed - I just strongly believe that an approval of the
application should come with a formal commitment to the community to address our concerns. What follows
are some suggestions:
1. Formalize the easement for the Canal Trail. This would continue the existing Canal Trail east of 27th St
and along this parcel of land being considered for rezoning.
2. Designate the "65% of this land that must be kept as open space" under the RREA as public access. This
would not significantly reduce the value of the land assuming 3-7 homes are built there, it would help
ensure the land not be further rezoned to higher density, and it will benefit current Larkspur residents by
becoming public access open space.
3. Promise a "first right of refusal" for the sale of the land to the City of Bend or Deschutes County. Give
the city or county - the community - a chance to rally behind this cause and buy this land and designate
it as a park or public access before it can be sold to developers or home buyers.
4. Onboard the current traffic management plans that exist for 27th St and show how they take into account
various outcomes (development) for this land. The completion of this traffic infrastructure should be a
requirement prior to any development of this land.
I believe there is a precedent for these sorts of compromises that can be seen in development in west Bend
where developers created a trail network, public access open space, and a wildlife and defensible fire corridor -
while still being able to develop housing and build a successful community. This sort of compromise on a much
smaller scale is reasonable and very achievable in Larkspur.
Larkspur residents want our voices to be heard, our values to be respected, and our needs as a community to be
met. Yet it is my hope that I've shown some flexibility and understanding when it comes to the competing
interests and needs at stake here. We are reliant upon the Board of Commissioners to make a decision in this
matter that will find a balance between those interests. If the COID has no plans to develop this land, then there
is no need to rush to rezone it: This conversation should be allowed to continue until a suitable compromise can
be reached.
Thank you for your time.
Sincerely,
Joshua Janes
Larkspur Resident
Schwabe
WILLIAMSON & WYATT�
February 15, 2022
VIA HAND DELIVERY
Board of County Commissioners
c/o Tarik Rawlings, Associate Planner
Deschutes County Community Development
117 NW Lafayette Avenue
Bend, OR 97701
Tia M. Lewis
T:541-749-4048
C:541-788-7363
tlewis@schwabe.com
RE: Central Oregon Irrigation District - Plan Amendment/Zone Change
Applicant's Final Argument
Our File No.: 136697-258120
Dear Board:
Pursuant to the post hearing briefing schedule you set at your public hearing in this matter on
January 26, 2022, the Applicant submits the following final argument in support of its request for
a Plan Amendment and Zone Change for a 36.65 acre property located adjacent to the east of the
City of Bend.
The undisputed evidence in the record establishes that the subject property does not meet the
definition of Agricultural Land and therefore is improperly zoned as Exclusive Farm Use. The
Applicant submitted substantial unrefuted evidence to establish compliance with the approval
criteria to change the zoning from the improper designation of EFU to a more appropriate rural
zone, Multiple Use Agricultural. The Applicant prepared the required studies, including an on -
site Order 1 soil survey approved by DLCD and transportation analysis reviewed and approved
by the County transportation department, to demonstrate the zone change is both warranted and
appropriate.
Neighbors opposing the zone change have raised issues associated with loss of open space, loss
of wildlife habitat, increased development pressures and increased impacts to infrastructure,
including sewer, water and transportation facilities. The evidence in the record shows, and the
opponent's testimony confirms, the impacts they are experiencing from development
surrounding their homes is from existing and approved development in the area. The
Applicant's evidence addresses all of the issues raised by opponents as they relate to approval
criteria for the zone change and establishes the proposal meets all applicable approval criteria.
The requested zone change is consistent with the County Comprehensive Plan, the County
Zoning Code, the applicable statewide statutes and, most significantly, the Statewide Planning
Goals. Specifically this proposal directly implicates the County's role to coordinate with and
Board of County Commissioners
February 15, 2022
Page 2
assist with growth management responsibilities on the urban/rural fringe as the City of Bend
continues to grow and require UGB expansion and long range urban area planning. The failure
to remove improper resource designations from properties along the urban/rural fringe boundary
creates an unnecessary impediment to long range growth planning for the City.
For the reasons set forth in the Applicant's application materials, the Staff Report recommending
approval, the Hearings Officer Decision recommending approval and the final arguments set
forth herein, the Applicant requests the Board approve the application to change the plan
designation and the zoning on the subject property from EFU to MUA.
Sincerely,
Tia M. Lewis
TML:cho
PDX\ 136697\2 58120\TML\32934740.1
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2� BOARD OF
COMMISSIONERS
MEETING DATE: March 2, 2022
SUBJECT: American Rescue Plan Funding Update
RECOMMENDED MOTION:
A to -be -determined motion will be required if the Board choses to fund additional projects
from ARPA funds.
BACKGROUND AND POLICY IMPLICATIONS:
This is a recurring agenda item to provide the Board of County Commissioners updates on
the status of ARPA funds and the opportunity to review eligible project requests for funding
consideration.
Discussion items for today's update:
1. COIC small business assistance update (verbal update)
2. Review other ARPA funding requests (in packet)
BUDGET IMPACTS:
None. Budget appropriations for the entire $38 million ARPA funding award are included
in the FY 2021-22 Adopted Budget.
ATTENDANCE:
Greg Munn, Treasurer and Chief Financial Officer
Dan Emerson, Budget Manager
Scott Aycock, Central Oregon Intergovernmental Council
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MEETING DATE: March 2, 2022
SUBJECT: 2022 Legislative Session Update
BACKGROUND AND POLICY IMPLICATIONS:
Pac/West Lobby Group and staff will provide an overview and updates on priority
legislation.
BUDGET IMPACTS:
None
ATTENDANCE:
Phil Scheuers; Pac/West Lobby Group
Whitney Hale, Deputy County Administrator